Agenda packet — Rocklin City Council, August 27, 2024

ROCKLIN CITY COUNCIL
City Council Regular Meeting
City Hall - Council Chambers
3970 Rocklin Rd. Rocklin, CA
95677
Website:
www.rocklin.ca.us
August 27, 2024
General Session at 6:00 p.m.

Notice of Teleconference Meeting Location:
13050 Amberly Court #701
Bonita Springs, FL 34135
AMENDED AGENDA:

Closed Session Added
Item C4 Updated to Include Staff Report and
Associated Documents

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 three-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
City Council Regular Meeting Agenda of August 27, 2024
1 If making a presentation regarding an agenda item, all audio/visual materials must be submitted to the City Clerk or Secretary at least 72 hours in advance. The City is not responsible for the compatibility or operation of non-city devices or the functionality of non-city presentations.

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

AGENDA

MEETING

INSTRUCTIONS
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.

Zoom Participation Via Computer Or Smartphone
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CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

AGENDA REVIEW

CITIZENS ADDRESSING THE CITY COUNCIL
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.

City Council Regular Meeting Agenda of August 27, 2024
2 C1.

Minutes of the June 25, 2024 Regular Meeting of the City Council C2.

Proclamation Declaring the City of Rocklin a Purple Heart City C3.

Grant Agreement with The Gathering Inn for Homelessness Prevention and Rapid Rehousing Services (FY 2024/25)
C4.

Remaining ARPA Funds Expenditure Plan
C5.

Wildcat West Final Map
C6.

Various Personnel Updates

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

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.

Recommendation:

Approve the Minutes of the June 25, 2024 Regular Meeting of the City Council.

Recommendation:

Approve a Proclamation Declaring the City of Rocklin a Purple Heart City, and Designate the Mayor to Sign the Proclamation on Behalf of the City Council.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Authorizing the City Manager to Execute a Grant Agreement with The Gathering Inn for Homelessness Prevention and Rapid Rehousing Services (FY 2024/25).

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Authorizing the Remaining ARPA Funds Expenditure Plan.

Recommendation:

A
.

Adopt a Resolution of the City Council of the City of Rocklin Approving the Final Map of Wildcat West Subdivision (SD2022-0001) 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 Wildcat West Subdivision (SD2022-0001).

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin to Reallocate and Retitle 2.0 FTE Information Technology Analyst Positions as 1.0 FTE Information Technology Analyst I/II in the Confidential Bargaining Unit and 1.0 FTE Information Technology Analyst I/II in the Public Service Employee’s Bargaining Unit (AFSCME Council 57, Local 146-AFL-CIO) and Adopt Revised Confidential and Public Service Employee’s Bargaining Unit Salary Schedules.

City Council Regular Meeting Agenda of August 27, 2024
3 C7.

Accounts Paid List - April to June 2024
C8.

Target Solutions Learning, LLC Agreement
C9.

Sun Ridge Systems Inc. Software Services Agreement
P1.

Purple Heart City Proclamation
P2.

Summer Civic Career Program (SCCP) Presentation
P3.

League of California Cities Update
PH1.

Rock Baseball Training Facility / Conditional Use Permit, U2024-0003 and Environmental, ENV2024-0006

Recommendation:

Receive the Accounts Paid List for April 1, 2024 to June 30, 2024.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving and Ratifying an Evergreen Contract with Target Solutions Learning, LLC and Authorizing the City Manager to Sign Contract and Subsequent Amendments.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving an Evergreen Agreement for Software Support Services with Sun Ridge Systems, Inc. and Authorizing the City Manager to Execute the Agreement and Amendments.

PRESENTATIONS

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

PUBLIC HEARINGS

Public Hearings may be reordered by the Mayor with the consent of the legislative body.

Recommendation:

Conduct a Public Hearing and Consider the Following Actions:

A
.

Adopt a Resolution of the City Council of the City of Rocklin Approving a Notice of Exemption (Rock Baseball Training Facility / U2024-0003 and ENV2024-0006).

B
.

Adopt a Resolution of the City Council of the City of Rocklin Approving a
Conditional Use Permit for a Privately Operated Recreational Training Facility (Rock Baseball Training Facility / U2024-0003).

City Council Regular Meeting Agenda of August 27, 2024
4 D1.

Zone Rocklin Project Update
CS1.

Pursuant to Government Code Section 54956.9(d)(4), Conference with Legal Counsel, Anticipated Litigation—Initiation of Litigation: one (1) potential case.

CS2.

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

DISCUSSION ITEMS

Discussion Items include oral presentations including those recommending "receive and file".

Recommendation:

Receive a Presentation on the Zoning Ordinance and Map
Update Project (ZONE ROCKLIN).

FUTURE AGENDA ITEMS

PUBLIC COMMENT ON CLOSED SESSION

CLOSED SESSION

REPORT OUT OF CLOSED SESSION

ADJOURNMENT
City Council Regular Meeting Agenda of August 27, 2024
5 City Council
Staff Report

Subject:

Minutes of the June 25, 2024 Regular Meeting of the City Council Date:

August 27, 2024
Submitted By:

Avinta Singh, City Clerk
Department:

City Clerk's Office
Recommendation:

Approve the Minutes of the June 25, 2024 Regular Meeting of the City Council.

Item Number 1

ATTACHMENTS:

1. DRAFT City Council Meeting Minutes of June 25, 2024
6 DRAFT Meeting Minutes of June 25, 2024 Rocklin City Council 1 | P a g e

ROCKLIN CITY COUNCIL
City Council Regular Meeting
City Hall - Council Chambers
3970 Rocklin Rd. Rocklin, CA 95677
Website: www.rocklin.ca.us
June 25, 2024

CONSOLIDATED MEETING AGENDA
City of Rocklin City Council
Public Financing Authority
Closed Session at 5:30 p.m.

General Session at 6:00 p.m.

MEETING MINUTES
-DRAFT-

CALL TO ORDER
Mayor Janda called the meeting to order at 5:30 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 5:33 p.m.

1. CLOSED SESSION
Pursuant to Government Code Section 54956.9(d)(1), Conference with Legal Counsel, Existing Litigation: Ortega v. City of Rocklin, et al., Placer County Superior Case No. SVC0050341.

REPORT OUT OF CLOSED SESSION
There was no reportable action.
7 DRAFT Meeting Minutes of June 25, 2024 Rocklin City Council 2 | P a g e
The City Council took a recess at 5:44 p.m.

CALL GENERAL SESSION TO ORDER
Mayor Janda called General Session to order at 6:00 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
Mayor Janda requested that Special Presentations Item 4B be heard before Item 4A.

Councilmember Halldin requested that if items are pulled from the Consent Calendar, that Special Presentations Item 4B be conducted first.

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 County Air Pollution Control Board meeting; attended the Rocklin Police Department Honors and Awards ceremony; attended the Stanford Ranch Retail meeting, noting that an aggressive program was put into effect to solve theft problems; shared that he and Vice Mayor Gayaldo met with Assemblymember Joe Patterson to discuss upcoming legislation and ways to maintain local control; and reminded that Pottery World was celebrating its 50 th anniversary during the upcoming weekend.

Vice Mayor Gayaldo shared she and City Manager Aly Zimmermann participated in the Placer County Water Agency regional leaders meeting at Hell Hole Reservoir; reported attendance at the Sierra College Work Force Summit; attended the Sacramento Area Council of Governments (SACOG) meeting, which included a site visit to Yuba City, and also participated in SACOG’s Race Equity Inclusion Working Group meeting; attended the ribbon 8 DRAFT Meeting Minutes of June 25, 2024 Rocklin City Council 3 | P a g e
cutting for the Placer County Fair; attended the ribbon cutting for the Modern Holistic Wellness Center; attended the Placer County Law Enforcement Chaplaincy event; shared that she will not be present at the State of the City due to a scheduled site visit for SACOG; spoke of about Pottery World’s upcoming anniversary and the company’s history; and reminded that the Celebrate America event was taking place at Twin Oaks Park and there would be fireworks.

Councilmember Halldin reported attendance at the Highway 65 Joint Powers Authority and approved its annual budget and set fees; attended Placer County’s Economic Development Commission meeting; met with the General Manager of Western Placer Waste Management Authority; judged a rib cook off at the Placer County Fair; attended the Juneteenth celebration at Johnson-Springview Park; and attended the Rocklin Police Department Honors and Awards ceremony.

Mayor Janda reported attendance at the Greater Sacramento Economic Council Retreat and Board Meeting and shared the rebranding of the region to Be More and Do Greater Sacramento; and mentioned that the A’s major league baseball team will be coming to Sacramento for three years and this will give the region an opportunity to showcase support for Major League Baseball as there may be an expansion in 2028.

City Manager Zimmermann shared that City offices will be closed in observance of the Fourth of July holiday; and reminded that there will be no regularly scheduled Council meetings in July.

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 May 29, 2024 Special Meeting of the City Council Action: Approved the Minutes of the May 29, 2024 Special Meeting of the City Council. 3B. Minutes of the June 11, 2024 Regular Meeting of the City Council Action: Approved the Minutes of the June 11, 2024 Regular Meeting of the City Council.
3C. Appointments to Various Boards, Commissions and Committees Action: Adopted Resolution 2024-145 of the City Council of the City of Rocklin Making Appointments to the Various Boards, Commissions, andCommittees. 3D. Military Equipment Use Policy for Fiscal Year 2024-25 (Second Reading of Ordinance) Action: Adopted Ordinance No. 1180 of the City Council of the City of Rocklin Approving and Adopting a Military Equipment Use Policy for Fiscal Year 2024-25. 3E. Establish Compensation for Members of the Arts Commission 9 DRAFT Meeting Minutes of June 25, 2024 Rocklin City Council 4 | P a g e
Action: Adopted Resolution 2024-146 of the City Council of the City of Rocklin Establishing Compensation for Members of the Arts Commission. 3F. Fiscal Year 2024/25 Community Facilities Districts Bond Debt Service Fund Budgets and Collection of Special Taxes on the 2024/25 Tax Roll Action:

A. Adopted Resolution 2024-147 of the City Council of the City of Rocklin Adopting Budgets for Community Facilities Districts Bond Debt Service Funds for Fiscal Year 2024/25.

B. Adopted Resolution 2024-148 of the City Council of the City of Rocklin Requesting the Collection of Special Taxes on the 2024/25 Tax Roll. 3G. Placer County Treasurer's Investment Pool - Designation of Authorized Staff Action: Adopted Resolution 2024-149 of the City Council of the City of Rocklin Authorizing Investment of Monies in the Placer County Treasurer's Investment Pool, and Designating Staff Authorized to Deposit and Withdraw Monies. 3H. Delegation of Investment Decision Authority and Adoption of Legislative PolicyNo. 1 - Investment Policy
Action: Adopted Resolution 2024-150 of the City Council of the City of Rocklin Delegating Authority to Make Investment Decisions to the City Treasurer and Adopting Legislative Policy No. 1 - Investment Policy.
3I. Purchasing Goods and Services through Cooperative Purchase Agreements for Fiscal Year 2024/25
Action: Adopted Resolution 2024-151 of the City Council of the City of Rocklin Authorizing the City Manager to Purchase Goods and Services through Cooperative Purchase Agreements for Fiscal Year 2024/25.
3J. Local Agency Investment Fund - Investment Authorization and Designation of Authorized Staff
Action: Adopted Resolution 2024-152 of the City Council of the City of Rocklin Authorizing Investment of Monies in the Local Agency Investment Fund and Designating Staff Authorized to Deposit and Withdraw Monies and Rescinding Resolution No. 2021-197.
3K. Intention to Annex Vista Oaks (APNs 046-010-007-000 and 046-020-003-000) into Community Facilities District No. 1
Action: Adopted Resolution 2024-153 of the City Council of the City of Rocklin of Intention to Annex Territory to Rocklin Community Facilities District No. 1 (Annexation No. 85) and to Authorize the Levy of Special Taxes Therein (Vista Oaks, APNs 046- 010-007-000 and 046-020-003-000).
3L. Intention to Establish Vista Oaks as a Future Annexation Area of Community Facilities District No. 5
Action: Adopted Resolution 2024-154 of the City Council of the City of Rocklin of Intention to Establish Territory as a Future Annexation Area of Rocklin Community Facilities District No. 5 (Vista Oaks, APNs 046-010-007-000 and 046-020-003- 000). 10 DRAFT Meeting Minutes of June 25, 2024 Rocklin City Council 5 | P a g e
3M. Amendment to the FY 2023/24 Budget
Action: Adopted Resolution 2024-155 of the City Council of the City of Rocklin Amending the Fiscal Year 2023/24 Budget.
3N. Various Personnel Updates
Action:

A. Adopted Resolution 2024-156 of the City Council of the City of Rocklin Approving and Authorizing the City Manager to Execute the City of Rocklin Workplace Violence Prevention Plan, and Repealing and Replacing any Resolution in Conflict Herewith.

B. Adopted Resolution 2024-157 of the City Council of the City of Rocklin Approving the City of Rocklin Travel Policy, Authorizing the City Manager to Execute the Travel Policy, and Replacing and Replacing Resolution No. 2014- 190.

C. Adopted Resolution 2024-158 of the City of Council of the City of Rocklin Approving the Revised Salary Schedules for Rocklin Police Officers’ Association; Rocklin Police Officers’ Association; Rocklin Police Officers' Association Public Safety Managers’ Bargaining Unit; Rocklin Firefighters’ Union; Rocklin Public Service Employees’ Bargaining Unit; and Rocklin Management, Confidential, and Unrepresented Employees’ Resolution. 3O. Pulled for discussion.
3P. Building Services Contract Amendment
Action: Adopted Resolution 2024-161 of the City Council of the City of Rocklin Approving and Authorizing the City Manager to Execute Amendment No. 1 to the Contract Services Agreement with Bureau Veritas North America, Inc. for Building Plan Review and Inspection Services.
3Q. Fire Plan Review and Inspection Services On-Call Contract Awards Action:

A. Adopted Resolution 2024-162 of the City Council of the City of Rocklin Awarding an On-Call Professional Services Contract to 4LEAF, Inc. and Authorizing the City Manager to Execute the Agreement.

B. Adopted Resolution 2024-163 of the City Council of the City of Rocklin Awarding an On-Call Professional Services Contract to Bureau Veritas, Inc. and Authorizing the City Manager to Execute the Agreement.

C. Adopted Resolution 2024-164 of the City Council of the City of Rocklin Awarding an On-Call Professional Services Contract to Shums Coda and Associates, Inc. and Authorizing the City Manager to Execute the Agreement.

D. Adopted Resolution 2024-165 of the City Council of the City of Rocklin Awarding an On-Call Professional Services Contract to CSG Consultants and Authorizing the City Manager to Execute the Agreement.

E. Adopted Resolution 2024-166 of the City Council of the City of Rocklin Awarding an On-Call Professional Services Contract to BPR, Inc. and Authorizing the City Manager to Execute the Agreement.
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3R. City of Rocklin Fire Department's State Mandated Annual Fire Inspection Report Action: Adopted Resolution 2024-167 of the City Council of the City of Rocklin Acknowledging the Fire Department’s Compliance with Sections 13146.2 and 13146.3 of the California Health and Safety Code.
3S. Proclamation Declaring the Month of July as Parks and Recreation Month Action: Approved a Proclamation Declaring the Month of July as Parks and Recreation Month, and Designate the Mayor to Sign the Proclamation on Behalf of the City Council.
3T. Pulled for discussion.
3U. Pulled for discussion.
3V. Corporation Yard Shop Roof Restoration and Gutter Replacement - Award of Contract Action:

A. Adopted Resolution 2024-169 of the City Council of the City of Rocklin Approving a Notice of Exemption (Corporation Yard Shop Roof Restoration and Gutter Replacement).

B. Adopted Resolution 2024-170 of the City Council of the City of Rocklin Awarding the Contract for the Corporation Yard Shop Roof Restoration and Gutter Replacement to United Building Contractors, Inc. and Authorizing the City Manager to Execute Construction Agreement.
3W. Corporation Yard Portable Releveling and Dry Rot Repair Award Action:

A. Adopted Resolution 2024-171 of the City Council of the City of Rocklin Approving a Notice of Exemption (Corporation Yard Portable Releveling and Dry Rot Repair).

B. Adopted Resolution 2024-172 of the City Council of the City of Rocklin Awarding the Contract for Corporation Yard Portable Releveling and Dry Rot Repair to Reliant Construction, Inc., and Authorizing the City Manager to Execute an Agreement.
3X. Senate Bill 1 Projects List Update
Action: Adopted Resolution 2024-173 of the City Council of the City of Rocklin Rescinding Resolution No. 2024-136 and Adopting a List of Projects for Fiscal Year 2024/25 Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017.

Motion to approve Consent Calendar Item Nos. 3A through 3N, 3P through 3S, and 3V through 3X by Councilmember Halldin and seconded by Councilmember Broadway. Passed by the following roll call vote:
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Ayes: Councilmembers Bass, Broadway, Gayaldo, Halldin
Mayor Janda
Noes: None

Absent: None
Abstain: None

CONSENT CALENDAR ITEMS PULLED FOR DISCUSSION
Councilmember Halldin requested to pull Consent item 3U and member of the public, Mr. Benjamin Bjorkman requested to pull Consent items 3O and 3T for discussion. 3O. At-Grade Railroad Roadway and Pedestrian Improvements Project Action:

A. Adopted Resolution 2024-159 of the City Council of the City of Rocklin Awarding a Professional Services Contract for Engineering Services for the At- Grade Railroad Roadway and Pedestrian Improvements Project to Kimley- Horn and Associates, Inc. and Authorizing the City Manager to Execute the Agreement.

B. Adopted Resolution 2024-160 of the City Council of the City of Rocklin Approving Reimbursement Agreements with Union Pacific Railroad (UPRR) Company for Preliminary Engineering Services for the At-Grade Railroad Roadway and Pedestrian Improvements Project and Authorizing the City Manager to Execute the Agreements.

PUBLIC COMMENT
Mr. Benjamin Bjorkman addressed the City Council and spoke about advertisements posted on construction fencing at the Amtrak and bus stations.

City Manager Zimmermann clarified that the project at the Rocklin Amtrak Station was not a City project but was spearheaded by Amtrak for ADA improvements, and added that when the City does receive grant funding from the government it was common to have requirements that signage be placed stating the funding source.

Councilmember Broadway emphasized that the funding for the proposed projects was from service transportation funds and gas tax funds. Councilmember Halldin stated that the project referenced by Mr. Bjorkman would be funded by taxpayers and Vice Mayor Gayaldo added that she appreciated the comment noting that federal road projects typically had signage indicating the funding source.

Motion to approve Consent Calendar Item No. 3O by Councilmember Broadway and seconded by Councilmember Halldin. Passed by the following roll call vote:
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Ayes: Councilmembers Bass, Broadway, Gayaldo, Halldin
Mayor Janda
Noes: None

Absent: None
Abstain: None
3T. Purchase of Four Police Vehicles
Action: Adopted Resolution 2024-168 of the City Council of the City of Rocklin Approving and Authorizing the Purchase of Four Chevrolet Tahoe Police Vehicles from Winner Chevrolet and Authorizing the City Manager to Purchase the Vehicles from Winner Chevrolet.

PUBLIC COMMENT
Mr. Benjamin Bjorkman addressed the City Council expressing concern about a budget deficit and the purchase of police vehicles.

City Manager Zimmermann clarified that the purchase of the four police vehicles had been identified in the current year budget and were not included in future budget years numbers; added that the City maintains a replacement schedule with funds being set aside in increments over the expected life of vehicle, and noted that there was a process in place to inspect vehicles prior to replacing to confirm if the life of a vehicle could be extended.

Public Services Manager Matt McClure stated that police fleet vehicles were replaced under the manufacturer’s powertrain warranty, noting the nature of the use of police vehicles included extended runtimes due to there being multiple shifts throughout the day and the goal was to replace these vehicles within five years/100,000 miles, and underscored that warranty and repairs after this timeframe were costly, and shared that replacement of vehicles was deferred given the repair history of a vehicle.

Councilmember Broadway stated that in alignment with the public comment, the process followed by the City was to review the life of a vehicle and extend this as much as possible, and weighing this with ensuring that vehicles stay on road and available for use as well as evaluating additional costs.

Vice Mayor Gayaldo commented that with police vehicles there was high mileage as the vehicles are used throughout the day, there was heavy idling and underscored the importance of replacing first responders’ vehicles.

Mayor Janda noted that there was also a lead time with outfitting police vehicles.

Public Services Manager McClure stated that to schedule the time with an outfitter was a few months out.
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Motion to approve Consent Calendar Item No. 3T by Vice Mayor Gayaldo 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
Mayor Janda recused himself from participation on Item 3U and left the Council Chambers. 3U. City-Wide Bark & Play Fiber Maintenance Award
Action:

A. Adopt a Resolution of the City Council of the City of Rocklin Approving a Notice of Exemption (City-Wide Bark and Play Fiber Maintenance).

B. Adopt a Resolution of the City Council of the City of Rocklin Awarding the Contract for the City-Wide Bark & Play Fiber Maintenance to Jet Mulch, Inc., and Authorizing the City Manager to Execute an Agreement.

Public Services Director Justin Nartker presented the item to City Council.

Vice Mayor Gayaldo indicated that a letter had been received by the City Council related to the item.

PUBLIC COMMENT
Mr. Richard Joubert with Applied Landscape Materials addressed the City Council expressing concern about the bid process and awarding of the bid.

At the request of Vice Mayor Gayaldo, Director Nartker provided a review of the bid process.

City Manager Zimmermann noted that SB 1383 was impacting many facets of City operations including composting and organics recycling, adding there were grants to help address procurement targets and record reporting.

City Attorney Matthew McOmber indicated that for a public works contract such as the proposed, the local preference rules do not apply. He added that bark fell within the scope of a public works contract.

City Council comments followed.

Councilmember Broadway suggested that it be considered in the future to remove the public works limitation for local preference.
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Councilmember Halldin expressed concern about the tallying of the three prices was only logical if equal amounts of the three barks were to be used, by awarding the contract this would lock in higher prices for two of three barks for three years, and noted that the SB 1383 bark will be in the less visible places with fewer interfaces with residents, and indicated that he did not feel comfortable approving a project that would cost more than if done differently.

Vice Mayor Gayaldo expressed concern about re-bidding the same project since the numbers had been identified.

City Attorney McOmber stated that if a determination is made on a public works contract to reject bids, there was no barrier to the City to rebid the project. He added that in this scenario, often times there may be modifications to the scope upon further review as there may be aspects of a project better to add or take away.

Councilmember Broadway expressed concerns about the proposed bid and the use of percentages to compute averages, suggested separating out the products and giving consideration to the quantity being purchased for true cost, and urged looking into the municipal code to determine if there is language to encourage buying and spending local and whether this currently allowable.

Councilmember Bass stated that with the proposed project there were areas that could be improved if the project were to be rebid.

Motion to decline to award the contract per Consent Calendar Item No. 3U by Councilmember Broadway and seconded by Councilmember Halldin. Passed by the following roll call vote:

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

Absent: Mayor Janda
Abstain: None
Mayor Janda returned to the Council Chambers at 7:26 p.m.

4. SPECIAL PRESENTATIONS
4A. Proclamation Declaring the Month of July 2024 as Parks and Recreation Month Parks and Recreation Director Veronica Tracy recognized Parks and Recreation Month and invited outgoing Youth Commissioner London Diaz to receive the proclamation along with Recreation Supervisor Chris Meyer and Recreation Coordinator Charles Wilson.
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Supervisor Meyer highlighted the Open Swim Pilot Program at Rocklin High School, the upcoming Concerts at Quarry Park and the Evenings in the Park.

Mayor Janda presented a Certificate of Appreciation to Youth Commissioner Diaz, read the proclamation and presented it the Parks and Recreation Department staff and Parks and Recreation Commissioners in attendance.
4B. Oaths of Office for Incoming Board, Commission and Committee Members Per Mayor Janda and Councilmember Halldin’s request, the Oath of Office for Item 4B was conducted after the approval of the Consent Calendar.

City Clerk Avinta Singh administered the Oath of Office to the following members:
 Elizabeth McGuirk
 John McMillan (Youth Commissioner)
 Ramakrishna Bachina
 Christine Anderson
 Matthew Duarte
 Roberto Cortez

5. PUBLIC HEARINGS
5A. Fiscal Year 2024/25 Operating Budget, 2025-2029 Capital Improvement Program, and Related Personnel Actions
Action: Conduct a Public Hearing and Consider the Following Actions:

A. Adopted Resolution 2024-174 of the City Council of the City of Rocklin Adopting the Fiscal Year 2024/25 Operating Budget and 2025-2029 Capital Improvement Program.

B. Adopted Resolution 2024-175 of the City Council of the City of Rocklin Adopting a Revised Management Salary Schedule.

C. Adopted Resolution 2024-176 of the City Council of the City of Rocklin Approving Rules, Regulations, Benefits, and Policies Relating to Employee Relations Between the Management, Confidential, and Unrepresented Employees and the City; Repealing Resolution No. 2023-134.

Mayor Janda opened the public hearing for Item 5A.

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

PUBLIC COMMENT
There were none.

Mayor Janda closed the public hearing for Item 5A.
17 DRAFT Meeting Minutes of June 25, 2024 Rocklin City Council 12 | P a g e
Councilmember Broadway thanked staff for their hard work for a solid budget and for moving forward in a sustainable way.

Mayor Janda shared that there had been a lot of prior discussion and input by the Council on the proposed budget.

Motion to approve Item 5A. by Councilmember Broadway, seconded by Councilmember Bass. Passed by the following vote:

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

Absent: None
Abstain: None
5B. Special Assessments for Delinquent Weed Abatement Charges Action: Conduct a Public Hearing and Consider the Following Actions:

A. Adopted Resolution 2024-177 of the City Council of the City of Rocklin Imposing Special Assessments Against Certain Parcels for Delinquent Weed Abatement Charges.

B. Adopted Resolution 2024-178 of the City Council of the City of Rocklin Requesting the Collection of Taxes, Assessments on the 2024/25 Tax Roll (Weed Abatement Charges).

Mayor Janda opened the public hearing for Item 5B.

Senior Accountant Angela Doyle presented the item to City Council, stated that a Blue Memo had been submitted including updated delinquency information, noting that a delinquent account had been paid in the last few days and the property had been removed from the list.

Senior Accountant Doyle noted for Councilmember Broadway that the proposed list for approval will be the final list to be submitted to the County, at which point County will add the assessment amount to property taxes and the City would not be able to accept payments.

PUBLIC COMMENT
There were none.

Mayor Janda closed the public hearing for Item 5B.

Motion to approve Item 5B. by Councilmember Broadway, seconded by Councilmember Halldin. Passed by the following vote:
18 DRAFT Meeting Minutes of June 25, 2024 Rocklin City Council 13 | P a g e
Ayes: Councilmembers Bass, Broadway, Gayaldo, Halldin
Mayor Janda
Noes: None

Absent: None
Abstain: None
5C. Solid Waste Rate Increase Public Hearing
Action: Conduct a Public Hearing and, if there is No Majority Protest, Consider the Following Action: Adopted Resolution 2024-179 of the City Council of the City of Rocklin Amending Solid Waste Collection Service Rates within the Incorporated Limits of the City of Rocklin and Rescinding Resolution No. 2023-110.

Mayor Janda opened the public hearing for Item 5C.

Public Services Director Justin Nartker presented the item to City Council, noting that Western Placer Waste Management Authority (WPMA) Program Manager Eric Oddo and Recology’s General Manager Tony Perez and Zero Waste Specialist Tia Mitchell were available for questions.

PUBLIC COMMENT
There were none.

Councilmember Broadway stated that there were some letters had been received from the public related to increased costs; however, he noted that Recology served the community well and emphasized that the proposed rate increase for years been well below the amount Recology could increase the rate by, and recognized that there was a direct cost increase of operations at the landfill.

Councilmember Bass appreciated the efficiencies by WPWMA and Recology in comparison to increases by other utilities.

Mayor Janda stated he appreciates the partnership, noted the challenges in the industry that was capital intensive including the cost of fuel, and appreciated assistance with ancillary services provided to the City with time and resources.

Councilmember Halldin shared that the WPWMA was working hard to keep its tipping fee low by looking for new sources of revenue, and managed to stay competitive with its neighbors.

City Clerk Singh stated for the record that two protest letters had been received.

Mayor Janda closed the public hearing for Item 5C.
19 DRAFT Meeting Minutes of June 25, 2024 Rocklin City Council 14 | P a g e
Motion to approve Item 5C. by Vice Mayor Gayaldo, seconded by Councilmember Broadway. Passed by the following vote:

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

Absent: None
Abstain: None
5D. Special Assessments for Delinquent Refuse Collection Fees Action: Conduct a Public Hearing and Consider the Following Actions:

A. Adopted Resolution 2024-180 of the City Council of the City of Rocklin Imposing Special Assessments Against Certain Parcels for Delinquent Refuse Collection Fees.

B. Adopted Resolution 2024-181 of the City Council of the City of Rocklin Requesting the Collection of Taxes, Assessments on the 2024/25 Tax Roll (Delinquent Refuse Collection Fees).

Mayor Janda opened the public hearing for Item 5D.

Senior Accountant Angela Doyle presented the item to City Council, stated that a Blue Memo had been submitted including updated delinquency information, noting that a few delinquent accounts had been paid in the last few days and the properties have been removed from the list.

PUBLIC COMMENT
There were none.

Mayor Janda closed the public hearing for Item 5D.

Motion to approve Item 5D. by Councilmember Broadway with the adjusted APNs to be removed from the list, seconded by Councilmember Bass. Passed by the following vote:

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

Absent: None
Abstain: None
5E. Public Facilities Impact Fees Annual Inflation Adjustment Action: Conduct a Public Hearing and Consider the Following Action:

Adopted Resolution 2024-182 of the City Council of the City of Rocklin Authorizing the Annual Inflation Adjustments to the Public Facilities Impact Fees. 20 DRAFT Meeting Minutes of June 25, 2024 Rocklin City Council 15 | P a g e
Mayor Janda opened the public hearing for Item 5E.

Management Analyst Megan Bressem presented the item to City Council.

PUBLIC COMMENT
There were none.

Mayor Janda closed the public hearing for Item 5E.

Motion to approve Item 5E. by Councilmember Broadway, seconded by Councilmember Bass. Passed by the following vote:

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

Absent: None
Abstain: None

6. FUTURE AGENDA ITEMS
Councilmember Broadway requested a future discussion in looking at the Rocklin Municipal Code for the limitation of public works and reviewing the dollar amount designation.

The Rocklin City Council adjourned and reconvened as the Public Financing Authority of the City of Rocklin.

7. PUBLIC FINANCING AUTHORITY
7A. Public Financing Authority of the City of Rocklin Adopting a Budget for Fiscal Year 2024/25
Action: Adopted Resolution 2024-183-PFA of the Public Financing Authority of the City of Rocklin Adopting a Budget for Fiscal Year 2024/25.

Senior Accountant Angela Doyle presented the item to City Council.

PUBLIC COMMENT
There were none.

Motion to approve Item 7A. by Councilmember Broadway, seconded by 21 DRAFT Meeting Minutes of June 25, 2024 Rocklin City Council 16 | P a g e
Councilmember Halldin. Passed by the following vote:

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

Absent: None
Abstain: None

8. ADJOURNMENT
Vice Mayor requested that the meeting be adjourned honoring resident Virginia Baker who will soon be celebrating her 100th birthday.

Mayor Janda adjourned the meeting at 7:51 p.m.

This is to certify that the foregoing is a true and
correct copy of the minutes of June 25, 2024 as
approved by the Rocklin City Council.

Avinta Singh, City Clerk
22 City Council
Staff Report

Subject:

Proclamation Declaring the City of Rocklin a Purple Heart City Date:

August 27, 2024
Submitted By:

Elizabeth Sorg, Management Analyst
Department:

City Manager's Office
Recommendation:

Approve a Proclamation Declaring the City of Rocklin a Purple Heart City, and Designate the Mayor to Sign the Proclamation on Behalf of the City Council.

Item Number 2

ATTACHMENTS:

1. Purple Heart City Proclamation
23 Proclamation
Issued by City Council

PURPLE HEART CITY
WHEREAS, the Purple Heart Medal is the oldest military medal in the nation, established by General George Washington at Newburgh, New York, on August 7, 1782, during the Revolutionary War; and WHEREAS, the Purple Heart Medal was the first award made available to the common soldier, and is specifically awarded to members of the United States Armed Forces who have been wounded in combat or have paid the ultimate sacrifice for our freedoms being killed in action against a declared enemy of the United States of America; and
WHEREAS, the mission of the Military Order of the Purple Heart is to foster an environment of goodwill among combat-wounded veterans and their families, promote patriotism, support legislative initiatives, and most importantly, to make sure that we never forget the sacrifices of our military service men and women; and WHEREAS, Rocklin has a large veteran population with many of its veterans being Purple Heart recipients; and
WHEREAS, the City of Rocklin supports its military population given the community's great admiration for all the men and women selflessly serving their country in the United States Armed Forces; and WHEREAS, the City of Rocklin appreciates the sacrifices each Purple Heart recipient made in defending our freedom and believe it is of the utmost importance that they be acknowledged, not just on National Purple Heart Day (August 7) and Veterans Day within this City in recognition of their courage and observance of their honor.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rocklin, does hereby proclaim the City of Rocklin as a PURPLE HEART CITY, honoring the service and sacrifice of the men and women in uniform, wounded or killed by the enemy while serving to protect our freedom and encourage the citizens of Rocklin to show their appreciation for the sacrifice each Purple Heart recipient made while defending the right to freedom under the banner of our Nation's flag.

In witness whereof I have hereunto set my hand and caused this seal to be affixed.

Greg Janda, Mayor
ATTEST:

Avinta Singh, City Clerk
24 City Council
Staff Report

Subject:

Grant Agreement with The Gathering Inn for Homelessness Prevention and Rapid Rehousing Services (FY 2024/25)
Date:

August 27, 2024
Submitted By:

Gabrielle de Farcy, Associate Management Analyst
Elizabeth Sorg, Management Analyst
Department:

City Manager's Office
Recommendation:

Background:

The City of Rocklin has provided annual funding to The Gathering Inn (TGI) over the course of many years for homelessness prevention and rapid rehousing services. Initial funding for TGI was through the City’s Community Development Block Grant (CDBG) Program; currently funding is provided through the City’s Low- and Moderate-Income Housing Asset Fund (LMIHAF). Per California Health and Safety Code section 34176.1, the City may expend up to $250,000 per year on homeless prevention and rapid rehousing services from the LMIHAF.

Funding requests in 2018 and 2019 were for $50,000 per year. Due to increased costs for homeless related services, TGI requested funding in the amount of $60,000 for these activities in fiscal years (FYs) 2020/21, 2021/22 and 2022/23, and $65,000 in FY 2023/24.

For FY 2024/25, a total of $65,000 was requested. The funding amount was approved as part of the City’s FY 2024/25 Operating Budget.

TGI provides service and support for the unhoused population in Rocklin and throughout Placer County. Expenditure of these funds is required to benefit the unhoused population in Rocklin and residents in Rocklin under the threat of homelessness through Homelessness Prevention Rapid Rehousing (HPRR) activities.

TGI will use the funds only to provide the services contemplated by Health and Safety Code section 34176.1. As noted in the Grant Agreement (Attachment 2), TGI will specifically support direct services program staff, including associated taxes and benefits for the Housing Specialist, who maintains a list of housing options, manages HPRR funds, coordinates interviews with landlords, and accompanies guests on housing inspections prior to move-in. In Item Number 3

25 addition, funds will be used for Rapid Rehousing to support security and utility deposits, application fees, acquiring required documentation, and landlord incentives.

Fiscal Impact:

The total cost associated with this Grant Agreement is not to exceed $65,000. Consistent with prior years, the majority of the funds ($48,000) will be made available to TGI upon City Council approval of the contract and execution of the agreement by both parties.

The remaining $17,000 will be issued to TGI following the submittal of required Annual Reports following the end of the 2024/25 fiscal year.

Funding is included in the City’s FY 2024/25 Operating Budget in the City Manager's Office in the Low- and Moderate-Income Housing Asset Fund.

ATTACHMENTS:

1. Resolution

2. Resolution Exhibit A - Grant Agreement

3. Resolution Exhibit 1 to Exhibit A - Accomplishment Data 26 RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN AUTHORIZING

THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE GATHERING INN FOR HOMELESSNESS PREVENTION AND RAPID REHOUSING SERVICES (FY 2024/25) WHEREAS, the City, as the housing successor to a redevelopment agency, is authorized to expend funds for homeless prevention and rapid rehousing services for individuals and families who are homeless, or would be homeless but for this assistance, under California Health and Safety Code section 34176.1; and,
WHEREAS, the Grantee is a 501(c)(3) non-profit charity that provides services to the homeless in Rocklin, such as sheltering, employment services, case management, substance abuse recovery programs, and life skills training; and, WHEREAS, the Grantee performs the homeless prevention, assistance and rapid rehousing services contemplated under Health and Safety Code section 34176.1; and, WHEREAS, the City desires to allocate a portion of its authorized Low and Moderate Income Housing Asset Funds to the Grantee for the purposes of providing the services contemplated under the statute.

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

Section 1. The City Council of the City of Rocklin hereby authorizes the City Manager to execute a Grant Agreement with The Gathering Inn to perform services associated with Homelessness Prevention and Rapid Rehousing as described in the agreement attached to hereto as Exhibit A.
27 PASSED AND ADOPTED ON August 27, 2024, by the City Council of the City of Rocklin by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Greg Janda, Mayor
ATTEST:

Avinta Singh, City Clerk

Page 2 ends

of Reso No.
28 EXHIBIT A

GRANT AGREEMENT BETWEEN

THE CITY OF ROCKLIN AND

THE GATHERING INN
(LMIHA FUNDS FY 24/25)

Page 1 ends

To Reso No.
29 1 723460.3

EXHIBIT A

GRANT AGREEMENT
between
THE CITY OF ROCKLINANDTHE GATHERING INN (LMIHA FUNDS FY 24/25) This Grant Agreement (hereinafter referred to as the " Agreement') is entered into on August 27, 2024, by and between the City of Rocklin (hereinafter referred to as the " City''), and the Gathering Inn, a 501(c)(3) non-profit charity, (EIN: 84-1657746) domiciled in California (hereinafter referred to as the "Grantee" ). The City and the Grantee may be referred to individually as "Party" or collectively as the " Parties."

WITNESSETH
WHEREAS, the City, as the housing successor to a redevelopment agency, is authorized to expend funds for homeless prevention and rapid rehousing services for individuals and families who are homeless, or would be homeless but for this assistance,under California Health and Safety Code section 34176.1 ; and,

WHEREAS, the Grantee is a 501(c)(3) non-profit charity that provides services to the homeless in Rocklin, such as sheltering, employment services, case management, substance abuse recovery programs, and life skills training; and, WHEREAS, the Grantee performs the homeless prevention, assistance and rapid rehousing services contemplated under Health and Safety Code section 34176.1; and,
WHEREAS, the City desires to allocate a portion of its authorized funds to the Grantee for the purposes of providing the services contemplated under the statute.

TERMS
NOW, THEREFORE, in consideration of the mutual promises and terms set forth herein, the City and the Grantee agree as follows:

1. Term. The term of this Agreement (the ''Term") shall begin on the date listed above and continue for one year thereafter.

2. Grant. In consideration for the Services, the City shall convey to the Grantee the total amount of $65,000 (the " Funds") over the course of the 2024/2025 fiscal year. The Funds shall be conveyed to Grantee in two installments: the first installment of $48,000 shall be conveyed to the Grantee following execution of this agreement. The second and last installment of $17,000 shall be conveyed to the Grantee immediately following receipt of the 2024/2025 annual reports, as set forth in 30 1 723460.3
Section 4 of this agreement, but not sooner than June 30, 2025. If annual reports are not received by the City on or before July 31, 2025, Grantee shall not beeligible for and shall not receive the second installment of $17,000.

3.Services. The Grantee will use the Funds only to provide the services to homeless persons or persons who would be homeless but for the services contemplated by Health and Safety Code section 34176.1. Specifically, support direct services program staff including associated taxes and benefits for the Housing Specialist who maintains a list of housing options, manages HPRR funds, coordinates interviews with landlords, and accompanies guests on housing inspections prior to move-in. In addition, funds will be used for Rapid Rehousing to support security and utility deposits; application fees; acquiring required documentation; and landlord incentives.

4.Reporting. The Grantee must complete and submit a report documenting the accomplishments of overall HPRR program activities and outcomes for the time period of July 2024 through June 2025 (the " Report"). The Report shall be in substantial conformance with the sample documents attached hereto as Exhibit 1 to the City. The Report shall be due to the City by July 31, 2025.

5. Termination.
(a)In the event that the City no longer receives funding as a housing successor pursuant to Health and Safety Code section 34176.1, the City may immediately terminate this Agreement in its discretion.

(b)If,through any cause, the Grantee fails to fulfill in a timely and proper manner its obligations under this agreement, or if the Grantee violates any of the covenants, requirements or stipulations of this Agreement, including, but not limited to, the expenditure of the Funds for purposes not specified in Section 3, or the failure to submit the documentation log described in Section 4, the City will thereupon have the right to terminate this Agreement by giving at least five (5) days written notice to the Grantee of such termination, specifying the effective date of such termination. The Grantee will not be relieved of liability to the City for damages sustained by the City or others by virtue of any breach of this Agreement by the Grantee.

6. Independent Entities. The Grantee, and the agents or employees of the Grantee, shall act in an independent capacity and not as officers, employees or agents of the City in performance of this Agreement.

7. Indemnification. The Grantee shall indemnify, hold harmless, and defend the City, each of its officers, members, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by the Grantee, the City or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), which shall in any way arise out of or be connected with the Grantee's operation hereunder and pursuant to this Agreement, unless damage, loss, injury, or death is caused by the gross negligence or willful misconduct of the City. 31 1 723460.3

8.Insurance. During the term of this Agreement, the Grantee shall maintain in full force and effect the following policies of insurance: Commercial General Liability, Worker's Compensation, and Automobile liability (including endorsements for owned, hired, and non-owned vehicles)as specified in Exhibit INS-A.

9. Notices. Any notice required or intended to be given to either Party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered by Registered, Certified, or Return Receipt Requested mail, with postage prepaid, addressed to the Party to which notice is to be given atthe Party's address below. Notice may also be given by personal delivery or by facsimile with proof of transmission.

To City:

Aly Zimmermann, City Manager
Office of the City Manager
3970 Rocklin Road
Rocklin, CA 95677
To Grantee:

The Gathering Inn
Keith Diederich, President &
CEO
4020 Sierra College Blvd
Suite 100
Rocklin, CA 95677
32 1 723460.3

10. Venue. Any action arising out of this Agreement shall be brought in Placer County Court in California, regardless of where else venue may lie.

11. Effective Date. This Agreement shall take effect upon the approval of both governing bodies of the Parties hereto.

12.Binding. This Agreement shall be binding upon, and shall inure to the benefit of, the Parties and each Party's respective heirs, successors, assigns, transferees, agents, servants, employees and representatives.

13. Assignment. Grantee may not assign or transfer, by operation of law or otherwise, all or any of its rights or obligations under this Agreement without the prior written consent of the City.

14. Waiver. The waiver by either Party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all Parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.

15. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement.

16. Severability. If any provision of this Agreement shall be held invalid or unenforceable by a court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement.

17.No Third Party Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific Parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties.

18. Entire Agreement. Each Party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated Agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or Agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both the City and Grantee.

19. Amendment. This Agreement may only be modified and/or amended upon the written mutual agreement of the Parties hereto.
33 1 723460.3

20. Execution in Counterparts; Copies. The Parties may execute this Agreement in any number of counterparts with the same effect as if each Party had signed the same physical document. Each Party may transmit the executed copies inan imaged format to the other Party by facsimile or electronic mail, and the imaged copies shall have the same effect as if each Party had signed the same physical document. All executed counterparts, whether originals or copies sent by facsimile, electronic mail, or a combination, shall be construed together and shall constitute one and the same Agreement.

IN WITNESS WHEREOF, the Parties hereto, by and through their respective duly authorized representatives, have executed this Agreement on the dates written below.

CITY OF ROCKLIN THE GATHERING INN

Aly Zimmermann, City Manager Keith Diederich, President & CEO

Date: Date:

Rolande Tellier, Chief Operating Officer

Date:

ATTEST:

Avinta Singh, City Clerk
APPROVED AS TO FORM:

Matthew McOmber, City Attorney

34 1 723460.3
INS A
During the term of this Agreement Grantee shall maintain in full force and effect the following policies of insurance:

COVERAGE LIMITS OF LIABILITY
Workers Compensation $1,000,000
Commercial General Liability Bodily Injury:
$2,000,000 each occurrence
$2,000,000 aggregate

Property Damage:
$2,000,000 each occurrence

Personal Injury:
$2,000,000 each occurrence
$2,000,000 aggregate

Automobile liability including Bodily Injury:
endorsements for owned, $1,000,000 each occurrence
hired and nonowned vehicles $1,000,000 aggregate

Property Damage:
$1,000,000 each occurrence
The insurance policies are to contain, or be endorsed to contain, the following provisions:

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

2. Primary Coverage. For any claims related to this contract, the Grantee’s insurance coverage shall be primary with coverage at least as broad as ISO CG 20 01 04 13 as 35 1 723460.3
respects the City, its officers, officials, employees, or volunteers, and shall be excess of the Contractor’s insurance and shall not contribute to it.

3. Notice of Cancellation. Each insurance policy required above shall not be canceled, except with notice to the City.

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

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

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

7. Claims Made Policies. If any of the required policies provide coverage on a claims made basis:

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

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

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

8. Verification of Coverage. Grantee shall furnish the City with original Certificate of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City 36 1 723460.3
reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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

37 1 723460.3
EXHIBIT 1

TGI HPRR/LMIHA FUNDS
City of Rocklin Accomplishments Data
FY 24/25
38 Demographic Data Number Served
Total Households Assisted OR Total Number of Persons Assisted Total 30% Income Families
Total 50% Income Families
Total 80% Income Families
Total Number Famale Heads of Household
Total Disabled
Total Mental Health Conditions (self-reported)
Total Bednights
Total Veterans
Total Individuals Who Secured Permanent Housing
Total Individuals Who Secured Employment
Total Female
Total Male
Breakdown by Age
<18
19-25
26-35
36-45
46-55
56-65
66+
Total
Breakdown by Ethnicity Hispanic/Latino
Total White
Total African American
Total Asian
Total American Indian or Alaskan Native
Total Native Hawaiian or Other Pacific Islander
Total American Indian/Alaskan Native and White
Total Asian and White
Total African American and White
Total American Indian/Alaskan Native and African American Other Multiracial
Total
Exhibit 1 - The Gathering Inn HPRR/LMIHA Funds
City of Rocklin Statistics
July 2024 - June 2025
39 City Council
Staff Report

Subject:

Remaining ARPA Funds Expenditure Plan
Date:

August 27, 2024
Submitted By:

Elizabeth Sorg, Management Analyst
Department:

City Manager's Office
Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Authorizing the Remaining ARPA Funds Expenditure Plan.

Background:

As part of the Federal American Rescue Plan Act (ARPA) program, the City of Rocklin was awarded $7.039 million to address the impact of COVID-19 on residents, businesses, and City operations. Subsequently, the City awarded funding in a variety of ways to support the community.

To date, the City has expended $5,339,000 in the following manner (Attachment 3):

$2,200,000 in direct grants for small businesses and hotels, restaurants, and nonprofits who have lost revenue due to COVID-19;
$500,000 in direct grants to small business who opened early in the COVID-19 pandemic;
$300,000 to the Growth Factory for small business technical assistance and coaching; $215,000 to Lighthouse Counseling to open a Rocklin counseling center; $200,000 for Sierra College mental health and career and technical education support; $115,000 to Rocklin Unified School District for student mental health assistance; $100,000 to the Rocklin Chamber of Commerce to offset revenue lost due to COVID-19; $45,000 to the Child Advocates of Placer County to support the Court Appointed Special Advocates program and Family Mentors programs for Rocklin youth; $30,000 to the Placer County Law Enforcement Chaplaincy to offset revenue lost due to COVID-19; and
$1,634,000 for City support and various program admin fees, including HVAC upgrades, facility improvements, and technology improvements to reduce the spread of COVID-19 in public facilities.

Item Number 4

40 With the completion of the above programs, staff have identified the following recommendations for the remaining $1.7 million in ARPA funding:

Traffic Cameras ($150,000)

Staff recommends using $150,000 from the ARPA funding to purchase 55 pan-tilt-zoom cameras to install in Rocklin intersections. This increase in cameras will add to the existing coverage around the City and provide the Police Department with additional resources to solve crimes.

Park Shade Sails ($150,000)
Staff recommends $150,000 to purchase and install shade sails in Rocklin parks. These shade sails would cover the play structures in neighborhood parks and provide relief from the sun in the summer. It is estimated that this funding amount would allow for two parks to receive shade sails.

Business Retention ($200,000)
Staff recommends $200,000 for a grant program to support small business retention in Rocklin.

SWRA-JSP Connector Bridge ($1,200,000)
Staff recommends $1.2 million in funding to construct a pedestrian bridge that connects Sunset Whitney Recreation Area and Johnson Springview Park. This bridge would create a safe pathway between the two parks and connect residential areas with schools and parks.

TOTAL: $1,700,000

With the fulfillment of these proposed programs, the City will have fully expended all ARPA funding. Staff recommends that City Council approve the Resolution (Attachment 1) which authorizes staff to program this funding. Purchases with this funding that are above the City Manager's signing authority will return to City Council for approval. Staff also recommends that if any of the programs are undersubscribed, the remaining funds will be added into the Business Retention program. The Resolution also authorizes staff to make the accounting and budgetary adjustments needed to fund these programs.

Fiscal Impact:

There is no impact to the general fund. ARPA funds are available in Fund 166 and there is sufficient budget in this fund to cover the staff recommendation.

ATTACHMENTS:

1. Resolution

2. Resolution Exhibit A

3. ARPA Program Funding
41 RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

AUTHORIZING THE REMAINING ARPA FUNDS EXPENDITURE PLAN
WHEREAS, the Federal Government allocated $350 billion from the American Rescue Plan Act for the Coronavirus State and Local Fiscal Recovery Funds which allocated funding to state, local, and Tribal governments to support the response to and recovery from COVID-19; and WHEREAS, the City of Rocklin has received $7,039,025 in funding from the Coronavirus State and Local Fiscal Recovery Funds; and
WHEREAS, American Rescue Plan Act funding is intended to mitigate the negative impact of COVID-19 on local communities; and
WHEREAS, at the February 22, 2022 Rocklin City Council meeting the City Council approved spending American Rescue Plan Act Funding for Community Support programs, Internal Support Programs, and Revenue Loss; and
WHEREAS, the Revenue Loss allocation as of February 22, 2022 was $2.5 million; and WHEREAS, the City Council has since expended additional funds from the Revenue Loss allocation to assist the community, including a business support program and administrative fees for programs; and
WHEREAS, to date the City has expended approximately $5.33 million in Community and Internal Support; and
WHEREAS, the City Council desires to expend the remaining ARPA Revenue Loss allocation to support the community.

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

Section 1. The City Council of the City of Rocklin approves and authorizes the City Manager to execute the remaining ARPA allocation in the program identified in Exhibit “A.” Section 2. The City Manager, or the City Manager’s designee, is hereby authorized to approve all financial transactions, budgets, and appropriations needed to carry out the ARPA grant program in connection with the programs identified in Exhibit “A.” 42 PASSED AND ADOPTED this 27 of August, 2024 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Greg Janda, Mayor
ATTEST:

Avinta Singh, City Clerk

Page 2 of 2 ends

Reso. No. 2023-
43 Program Summary Amount
Traffic Cameras Purchase 55 pan‐tilt‐zoom cameras to install throughout Rocklin intersections 150,000.00$
Park Shade Sails Purchase and install shade sails for park play structures 150,000.00$ Business Retention Grant program to support small business retention 200,000.00$ SWRA Connector Bridge Additional funding to construct a connector bridge between SWRA and Johnson Springview Park 1,200,000.00$
Total 1,700,000.00$

EXHIBIT A
Remaining ARPA Funds Expenditure Plan
44 Small Business and Revenue Loss Support
Internal SupportJob Training and Student
Assistance
Mental Health Assistance
$2,830,000
$1,634,000
$400,000
$475,000
Direct Grants for Small Businesses
and Hotels, Restaurants, and
Nonprofits
2,700,000
City support and administrativefees, including HVAC upgrades,facility improvements, andtechnology improvements all toreduce the spread of COVID-19in public facilities$1,634,000 Lighthouse Counseling to open a
Rocklin counseling center
$215,000
Growth Factory for small business technical assistance
and coaching
$300,000
Child Advocates of Placer Countyto support the Court AppointedSpecial Advocates program andFamily Mentors programs forRocklin youth$45,000 Sierra College student mental
health support
$100,000
Sierra College career and technical education assistance $100,000
Rocklin Chamber of Commerce
lost revenue support
$100,000
Rocklin Unified School District for
student mental health assistance
$115,000
Placer County Law Enforcement
Chaplaincy lost revenue support
$30,000
Expenditure Plan
45 City Council
Staff Report

Subject:

Wildcat West Final Map
Date:

August 27, 2024
Submitted By:

Lynn Toth, Associate Civil Engineer
David Mohlenbrok, Director of Community Development
Department:

Community Development
Recommendation:

A
.

B
.

Adopt a Resolution of the City Council of the City of Rocklin Approving and Authorizing Execution of a Subdivision Landscaping Agreement of Wildcat West Subdivision (SD2022-0001).

Background:

The tentative subdivision map for Wildcat West Subdivision (SD2022-0001) was approved by the City Council on June 13, 2023 (Resolution No. 2023-88). This action authorized the subdivision of the approximately 8.6-acre site into eighty-eight (88) single-family residential lots, fourteen (14) lettered lots for landscaping and access and private streets to be dedicated to the Homeowner’s Association, and two (2) landscape lots to be dedicated to the City.

The project is located at the southwest corner of the intersection of Cheetah Way and Ocelot Way, and south of Whitney Ranch Parkway. APN: 017-171-039. The owner/applicant (i.e., developer) is KB Home Sacramento Inc., a California Corporation.

Approval of a final map is procedural in nature. Per Section 66474.1 of the California Subdivision Map Act, a legislative body cannot deny approval of a final map if it is found to be in substantial compliance with the previously approved tentative map.

The final map is technically correct. The Developer has paid all fees and satisfied all conditions of approval. The construction of the improvements associated with this map are partially complete and the Developer has guaranteed the outstanding items of work via a Subdivision Improvement Agreement (Attachment 3) and Subdivision Landscaping Agreement (Attachment 6). Staff recommends the City Council approve the final map and approve and authorize the execution of a Subdivision Improvement Agreement and Subdivision Landscaping Agreement.

Item Number 5

46 Fiscal Impact:

Landscape Lots A and B are offered for dedication in fee to the City as shown on the final map, which will be maintained by the City upon recordation of a Notice of Completion. Maintenance costs for landscape Lots A and B will be funded through Community Facilities District No. 5.

ATTACHMENTS:

1. Resolution A - Final Map and Subdivision Improvement Agreement Wildcat West

2. Resolution A Exhibit A - Final Map Wildcat West

3. Resolution A Exhibit B - Subdivision Improvement Agreement Wildcat West

4. Resolution A Exhibit 1 to Exhibit A - SIA-Plat Wildcat West

5. Resolution B - Subdivision Landscaping Agreement Wildcat West

6. Resolution B Exhibit A - Subdivision Landscaping Agreement Wildcat West

7. Resolution B Exhibit 1 to Exhibit A - SLA-Plat Wildcat West 47

Page 1 ends

Reso No.

RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

APPROVING THE FINAL MAP OF
WILDCAT WEST SUBDIVISION (SD2022-0001)

AND APPROVING AND AUTHORIZING EXECUTION

OF A SUBDIVISION IMPROVEMENT AGREEMENT
The City Council of the City of Rocklin does resolve as follows:

Section 1. The City Council of the City of Rocklin hereby finds as follows:

A. That a tentative subdivision map for the subdivision known as Wildcat West Subdivision (SD2022-0001) (the "Subdivision") and as submitted by Oakwood Trails 7V LLC, a California limited liability company was approved subject to certain conditions;
B. That KB Home Sacramento Inc., a California Corporation (the "Subdivider") has fully satisfied all said conditions, except for certain Subdivision improvements, if any, that have not been completed and accepted, and as to those improvements Subdivider has executed and provided security for a Subdivision Improvement Agreement obligating Subdivider to complete the improvements within a specified period of time. Subdivider now desires to record a final map for the Subdivision;
C. That the City Surveyor has reviewed the final map for the Subdivision and has determined that it substantially conforms to the approved tentative map and all conditions and requirements of that approval, and now recommends approval of the final map.

Section 2. The City Council hereby approves the final map for the Subdivision attached hereto as Exhibit A and by this reference incorporated herein, and accepts on behalf of the public the dedication of the streets, landscape lots, and the easements shown and offered on the final map for the Subdivision, subject to improvement of said easements and acceptance of the easements by the City.

Section 3. The Subdivision Improvement Agreement attached hereto as Exhibit B and by this reference incorporated herein, is hereby approved and the City Manager is authorized and directed to execute the agreement on behalf of the City.

Section 4. The City Clerk is hereby authorized and directed to record the final map for the Subdivision, and all related documents referred to in this Resolution, in the Office of the Placer County Recorder when fully executed and notarized. 48

Page 2 ends

Reso No.

PASSED AND ADOPTED this 27th day of August, 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
_______________________________________
Greg Janda, Mayor
ATTEST:
______________________________
Avinta Singh, City Clerk
49

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To Reso No.

EXHIBIT A

FINAL MAP
50 SURVEYOR'S STATEMENT:
_______________________________ ______________________________________

SENIOR ENGINEER'S STATEMENT
_________________________________________________________

CITY SURVEYOR'S STATEMENT
_________________________________________________________ OWNER'S STATEMENT:

NOTARY ACKNOWLEDGMENT:

FINAL MAP OFTHE WILDCAT WEST
785 Orchard Drive, Suite #110Folsom, CA 95630Phone: (916) 608-0707Fax: (916) 608-0701expect more.TSD ENGINEERING, INC.

BOOK OF MAPS, PAGE
RECORDER'S STATEMENT:______ ___________________, ____________________________________________ . ________________ _____________________________________ CITY CLERK'S STATEMENT:________________________________________________ 51 56
767574LOT O77
737271706968
41 3833
8485
78 86
79 87
808182835960
5152
44 886764
48 666124585332504540
57 46
62 47
63 49
65 545531
39 2322
2530
21 2926
3734
4243
20 36352827
1445
2 687
9 1011 17
121319181516
LOT B
13 LOT ALOT CLOT ELOT D
LOTG

LOT HLOT M

LOT ILOT L

LOT JLOT K
LOTN
LOT F
LOT P
LEGEND

REFERENCESNSEW
WILDCAT SUBDIVISION, EE MAPS 848 OCELOT WAY

A 4950515253545556575859601C
SPRING VALLEY PHASE 2 VILLAGE 3, DD MAPS 923635343332313029282723222127SPRING VALLEY PHASE 2 VILLAGE 4, DD MAPS 9326252423222120 SEE DETAIL "A"
DETAIL "A"SCALE: 1"=20'

BOOK OF MAPS, PAGE
BASIS OF BEARINGS:

NOTES:

PARCEL MAP OF "WILDCAT WEST", 36 P.M. 100PARCEL 1
PARCEL 2FINAL MAP OFTHE WILDCAT WEST
785 Orchard Drive, Suite #110Folsom, CA 95630Phone: (916) 608-0707Fax: (916) 608-0701expect more.TSD ENGINEERING, INC.

OCELOT WAYR.O.W.3,010± S.F.

SHEET 3SHEET 4

STREET ASTREET B

STREET C

STREET A
STREET BALLEY 1
ALLEY 2ALLEY 3
ALLEY 8
ALLEY 4
ALLEY 7
ALLEY 5
ALLEY 6
ALLEY 9
PARCEL 1, 35 P.M. 127
1 4LOT A
52 561,855± S.F.842,799± S.F.
852,799± S.F.
862,798± S.F.
872,798± S.F.
832,799± S.F.
592,201±S.F.
602,201±S.F.
883,013± S.F.672,201±S.F. 641,855± S.F.
661,904±S.F.
611,904±S.F. 241,855± S.F.
581,904±S.F.
321,855± S.F.
572,132± S.F.622,132± S.F.
631,855± S.F.
652,132± S.F.
551,855± S.F.
311,855± S.F.
231,855± S.F.
222,132± S.F.
252,132± S.F.302,132± S.F.
211,904±S.F.
291,904±S.F.
261,904±S.F.
202,201±S.F.
282,201±S.F.
272,201±S.F.
142,132±S.F.45,347±S.F.51,855±S.F.
22,771± S.F.
61,855±S.F.
81,904± S.F.
72,132±S.F.
92,465± S.F.103,423±S.F.
113,278±S.F. 172,322±S.F.
122,401± S.F.
131,904± S.F.193,329± S.F.
181,991± S.F.
151,855±S.F.161,855±S.F.
13,986±S.F.31,995± S.F.

LOT A - 1,885± S.F.

LOT C3,241± S.F.

LOT E - 1,643± S.F.LOT D3,033± S.F.

LOT G4,874±S.F.

LOT H3,134± S.F.LOT M3,134± S.F.

LOT I3,134± S.F.LOT L3,134± S.F.

LOT F48,279± S.F.

LOT P75,483± S.F.

NSEW

BOOK OF MAPS, PAGE
WILDCAT SUBDIVISION, EE MAPS 8555657585960 2120DETAIL "B"SCALE: 1"=20'
PARCEL MAP OF "WILDCAT WEST", 36 P.M. 100PARCEL 1PARCEL 2

OCELOT WAY
82 5253 3435
LOT B875± S.F.

FINAL MAP OFTHE WILDCAT WEST
785 Orchard Drive, Suite #110Folsom, CA 95630Phone: (916) 608-0707Fax: (916) 608-0701expect more.TSD ENGINEERING, INC.

R.O.W.3,010± S.F.

STREET C

STREET A
ALLEY 1
ALLEY 2STREET A

STREET B
ALLEY 3ALLEY 8
ALLEY 4ALLEY 7SEE SHEET 4SEE SHEET 4
1 4LOT A1,885± S.F.

PARCEL 1, 35 P.M. 127
SEE DETAIL "B"
LOT B

OCELOT WAY
53 763,674±S.F.753,002±S.F.742,722±S.F.
772,619± S.F.
732,758±S.F.722,865±S.F.712,865±S.F.702,865±S.F.692,865±S.F.682,865±S.F. 412,132± S.F.
382,132± S.F.332,132± S.F.
782,794± S.F.
792,800± S.F.
802,800± S.F.
812,800± S.F.512,201±S.F.
442,201±S.F.
481,855± S.F.
501,904±S.F.
451,904±S.F. 401,855± S.F.462,132± S.F.
471,855± S.F.
492,132± S.F.542,132± S.F.
391,855± S.F.
371,904±S.F.
421,904±S.F.432,201±S.F.
362,201±S.F.

LOT J3,134± S.F.LOT K3,134± S.F.

LOT N4,909±S.F.LOT O2,230± S.F.

LOT F48,279± S.F.
522,201±S.F.531,904±S.F. 341,904±S.F.352,201±S.F.
822,799± S.F.
83 3255
LOT P75,483± S.F.
48 A 495051525354
SPRING VALLEY PHASE 2 VILLAGE 3, DD MAPS 92 353433323130
29 282723222127SPRING VALLEY PHASE 2 VILLAGE 4, DD MAPS 932625242322 BOOK OF MAPS, PAGE ALLEY 4ALLEY 7 ALLEY 5ALLEY 6
TYPICAL EASEMENT DETAILADJACENT TO ALL ALLEYSSCALE: 1"=20'

FINAL MAP OFTHE WILDCAT WEST
785 Orchard Drive, Suite #110Folsom, CA 95630Phone: (916) 608-0707Fax: (916) 608-0701expect more.TSD ENGINEERING, INC.NSEW

LOT LLOT I
21 WILDCAT SUBDIVISION, EE MAPS 855 SEE SHEET 3SEE SHEET 3

STREET A

STREET B

STREET B
54

Page 1 ends

To Reso. No.

EXHIBIT B

SUBDIVISION IMPROVEMENT AGREEMENT
55

Page 1 ends

Exhibit B to Reso. No. 2024-
Recording Requested by
and Return to:

City Clerk
City of Rocklin
3970 Rocklin Road
Rocklin, CA 95677
No Fee Per Gov’t Code §27383
Subdivision Name: Wildcat West
Subdivision No.: SD2022-0001
Recorded at: Book _______ of Maps, at Page________,
Placer County Recorder
Principal: KB Home Sacramento Inc., A California
Corporation
Effective Date: August 27, 2024

SUBDIVISION IMPROVEMENT AGREEMENT
This Subdivision Improvement Agreement (“Agreement”) is entered into by and between the City of Rocklin, hereinafter called "City," and KB Home Sacramento Inc., a California Corporation, hereinafter called "Principal," on the 27th day of August, 2024.

RECITALS

1. Principal has received approval from City of a tentative subdivision map commonly known as Wildcat West ("the Subdivision").

2. Principal wishes to have filed for record a final subdivision map, ("the Map"), in substantial conformity with the approved tentative map. A copy of the plat of the Map is attached hereto as Exhibit 1 and by this reference incorporated herein.

3. City has approved the Map, subject to the execution of this Agreement.

4. Principal is willing to execute this Agreement as a condition precedent to the recording of the Map.

5. The authority for this Agreement is set forth in the Subdivision Map Act ("the Map Act") (Government Code section 66410 et seq.) and Title 16 of the Rocklin Municipal Code ("Title 16").

AGREEMENT
56

Page 2 ends

Exhibit B to Reso. No. 2024-

6. Acceptance of Easements. City hereby accepts on behalf of the public all easements offered for dedication on the Map, in accordance with the conditions hereinafter set forth.

7. Improvements. Principal agrees to complete all the works of improvement ("the Improvements") required for the Subdivision as shown on the final improvement plans for the Subdivision submitted to and approved by the City Engineer and on file in the office of the City Engineer, in accordance with the requirements of the Map Act, Title 16, and the Standard Specifications of City in effect at the time of the installation of the Improvements. Such work will be completed within twelve (12) months of the date of this Agreement.

8. Acceptance of Improvements upon Completion. Upon satisfactory completion of the Improvements in accordance with the approved improvement plans, the Standard Specifications and the conditions of approval of the tentative Subdivision Map, City agrees to issue a Notice of Completion of the work and accept any on-site or off-site easements, subject to the provisions of Paragraph 10 hereof.

9. Notice Regarding Construction. Principal shall notify the City Engineer 48 hours prior to commencement of construction of the Improvements.

10. Warranty. Principal agrees to remedy any defects in the Improvements arising from faulty or defective design or construction of said Improvements occurring within twelve (12) months after acceptance thereof has been given in writing by the City Council.

11. Indemnity and Hold Harmless. Principal agrees to and shall defend, indemnify and hold harmless City, its officers, employees, agents and volunteers from and against all claims, damages, losses and expenses, including attorney’s fees and litigation costs and expenses, arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of Principal, any subcontractor of Principal, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence or willful misconduct of City. Lack of insurance coverage does not negate Principal’s obligation under this paragraph or this Agreement.

12. Delay. If the construction of the Improvements shall be delayed without fault of Principal, the time for completion thereof may be extended by City for such period of time as City may deem reasonable.

13. Security. Principal shall furnish to City security to ensure the faithful performance of all duties and obligations of Principal herein contained. Such improvement security shall be in a form acceptable to the City Attorney. Such security shall be either a corporate surety bond, a letter of credit or other instrument of credit issued by a banking institution subject to regulation by the State or Federal government and pledging that the funds necessary to carry out this Agreement are on deposit and 57

Page 3 ends

Exhibit B to Reso. No. 2024-
guaranteed for payment, or a cash deposit made either directly with the City or deposited with a recognized escrow agent for the benefit of the City. Such security shall be in the following amounts for the following purposes:
(a) Performance: One hundred percent (100%) of the estimated cost of the outstanding Improvements securing performance of this Agreement, which estimated cost is in the amount of: One Million Three Hundred Thirty-Four Thousand, Thirty-Seven dollars ($1,334,037.00).
(b) Payment of Labor and Materials: One hundred percent (100%) of the estimated cost of the outstanding Improvements, as set forth in Paragraph (a) immediately preceding, securing payment to the contractor of Improvements, to his subcontractors, and to persons furnishing labor, materials, or equipment to them. (c) Warranty: The amount of: Three Hundred Seventy-Two Thousand Thirty-Three dollars ($372,033.00) to guarantee and warrant the Improvements for a period of one (1) year following the completion and acceptance of the Improvements against any defects in the improvement design, the work, or the labor done, or defects in materials furnished. This security need not be furnished prior to completion of the Improvements, but must be provided prior to their acceptance. (d) Survey Monumentation: One hundred percent (100%) of the estimated cost of the installation of survey monuments, which estimated cost is in the amount of: Three Thousand Seven Hundred Fifty dollars ($3,750.00)

14. Irrevocability of Security. The improvement security furnished pursuant to Paragraph 13 shall be irrevocable, shall not be limited as to time (except as to the 1- year period specified in Paragraph 10), and shall provide that it shall be released, in whole or in part, only upon the written approval of the City Engineer or delegate.

15. Actions. At City's option, any action by any party to this Agreement, or any action concerning the security furnished pursuant to Paragraph 13, shall be brought in the appropriate court of competent jurisdiction within the County of Placer, notwithstanding any other provision of law which may provide that such action may be brought in some other location.

16. Inspection; Release of Security For Faithful Performance. Principal may, from time to time, request the City Engineer to inspect the Improvements as they progress. The City Engineer may, if the work is found by City Engineer to be in accordance with the Standard Specifications, choose to accept so much of that work as is completed, and authorize a release pro tanto of the security provided pursuant to Paragraph 13(a); provided, however, that in no event shall the release of more than eighty (80%) of the improvement security be authorized until all the work has been completed and accepted.
58

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Exhibit B to Reso. No. 2024-

17. Release of Remaining Security For Faithful Performance: Warranty.

At the conclusion of the construction of the Improvements, and upon written acceptance of them by the City Council and approval of a Notice of Completion, the City Engineer shall authorize the release of the security provided pursuant to Paragraph 13(a) upon the furnishing of the warranty security as required by Paragraph 13(c).

18. Release of Security Where Other Agency Approval Required.

Notwithstanding paragraphs 16 and 17, where any portion of the Improvements is subject to approval by another agency, no release of security equal to the value of those Improvements shall be made until the work is completed to the satisfaction of such other agency. Such other agency shall have two (2) months after completion of the performance of the obligation in which to register satisfaction or dissatisfaction. If at the end of that period it has not registered satisfaction or dissatisfaction, it shall be conclusively deemed that the performance of the obligation was done to its satisfaction.

19. Release of Labor and Materials Security. Ninety (90) days after a notice of completion is filed with respect to the Improvements, the City Engineer may authorize the release of the security given to secure payment for labor and materials as provided in Paragraph 13(b) of this agreement, in the event that no claims have been filed against said security. In the event that claims or actions are filed against the security, the City Engineer may release so much of such security as is in excess of the total of the claims made against it.

20. Insurance. Principal shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Principal, its agents, representatives, or employees.

A. Minimum Scope and limit of Insurance

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

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Principal has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 59

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Exhibit B to Reso. No. 2024-
B. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

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

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

3. Notice of Cancellation. Each insurance policy required above shall not be canceled, except with notice to the City.

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

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

7. Claims Made Policies. If any of the required policies provide coverage on a claims made basis:
i. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 60

Page 6 ends

Exhibit B to Reso. No. 2024-
ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
iii. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Principal must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

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

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

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

21. Monuments. Principal agrees to install, on or before December 31, 2025, such survey monuments as may be required by the City Engineer. Upon the installation of such monuments, and their acceptance by the City Engineer, the security provided therefor shall be released.

22. Failure of Performance. In the event Principal fails to perform one or more of the conditions herein, City shall have recourse to the security given to guarantee the performance of such acts. City shall have recourse against so much of the security as is necessary to discharge the responsibility of Principal hereunder. City shall have recourse against Principal for any and all amounts necessary to complete the obligations of Principal in the event the security therefore is insufficient to pay such amounts. All administrative costs incurred by the City, in addition to the costs of the Improvements, shall be a proper charge against the security and/or Principal.

23. Attorney's Fees. If the services of any attorney are required by any party to secure the performance of this Agreement or otherwise upon the breach or default of another party, or if any judicial remedy or arbitration is necessary to enforce or interpret 61

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Exhibit B to Reso. No. 2024-
any provisions of this Agreement or the rights and duties of any person in relation to this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and other expenses, in addition to any other relief to which such party may be entitled.

Prevailing party includes (a) a party who dismisses an action in exchange for sums allegedly due; (b) the party that receives performance from the other party of an alleged breach of covenant or a desired remedy, if it is substantially equal to the relief sought in an action; or (c) the party determined to be prevailing by a court of law.

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

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

24. Agreement Binding on Successors, Etc. This Agreement shall be binding upon all the heirs, successors, and assigns of either party, and the same shall be recorded in the office of the Recorder of Placer County upon its execution, and shall be a covenant running with the land and equitable servitude upon the parcel or parcels of real property subdivided by the Map.

25. Subdivision Map Act Controlling. To the extent any provision of this Agreement conflicts with any provision of the Map Act, the applicable provision of such Act shall control, and no action taken pursuant to this Agreement which conflicts with any provision of the Map Act shall relieve the person taking such action from compliance with the provisions of the Map Act.

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

WHEREFORE, the parties hereto have executed this Agreement on the day and in the year first above written.
62

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Exhibit B to Reso. No. 2024-

CITY OF ROCKLIN
By:_____________________________________________
Aly Zimmermann, City Manager

PRINCIPAL
KB Home Sacramento Inc., A California Corporation
(Name of Principal)
By:_____________________________________________
Leo Pantoja, (Date)
Vice President Planning

Page 9 ends

Exhibit B to Reso. No. 2024-
APPROVED AS TO FORM:

Matthew McOmber,
City Attorney
ATTEST:
_____________________________
Avinta Singh, City Clerk
64 ATTACH CURRENT NOTARY

ACKNOWLEDGEMENT FORM

FOR CITY OF ROCKLIN
65 ATTACH CURRENT NOTARY

ACKNOWLEDGEMENT FORM

FOR PRINCIPAL
66 EXHIBIT 1

TO SUBDIVISION IMPROVEMENT AGREEMENT

PLAT OF FINAL MAP
67 NSEW

OCELOT WAY
EXHIBIT "1"FINAL MAPTHE WILDCAT WEST

BENGAL LOOP

JAGUAR WAYASHERA STREET

BENGAL LOOP
ALLEY 1ALLEY 2
ALLEY 3ALLEY 8
ALLEY 4ALLEY 7
ALLEY 5ALLEY 6
ALLEY 9
LOT D161518191312
17 111014LOT ELOT CLOT A319
786
2 54
LOT P

LOT MLOT H

LOTG LOT B
2728
202629
21 3025
2223
31 6563625758246166646788
6059
8786858456LOT LLOT I35345554325352838233
LOT F
LOTN
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PAGE 1 OF EXHIBIT "1" OFSUBDIVISION IMPROVEMENT AGREEMENTRESOLUTION NO. 2024- 68 RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

APPROVING AND AUTHORIZING EXECUTION

OF A SUBDIVISION LANDSCAPING AGREEMENT OF
WILDCAT WEST SUBDIVISION (SD2022-0001)
The City Council of the City of Rocklin does resolve as follows:

Section 1. The City Council of the City of Rocklin hereby finds as follows:

A. That a final subdivision map for a subdivision known as Wildcat West Subdivision (SD2022-0001) (the "Subdivision") has been submitted by KB Home Sacramento Inc., a California Corporation (the "Subdivider") for approval; B. That certain subdivision landscaping improvements which were made conditions of the tentative subdivision map have not been completed and accepted, and Subdivider has executed and provided security for a subdivision landscaping agreement obligating Subdivider to complete the landscaping improvements within a specified period of time. Subdivider requests the City Council to accept the subdivision landscaping agreement in satisfaction of the tentative map condition.

Section 2. The subdivision landscaping agreement attached hereto as Exhibit A and by this reference incorporated herein is hereby approved and accepted as satisfaction of the tentative map subdivision landscaping improvement conditions, and the City Manager is authorized and directed to execute the agreement on behalf of the City.

Section 3. The City Clerk is directed to record the subdivision landscaping agreement when fully executed and notarized in the office of the Placer County Recorder.

PASSED AND ADOPTED this 27th day of August, 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
Greg Janda, Mayor
ATTEST:
_______________________________
Avinta Singh, City Clerk
69

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To Reso. No.

EXHIBIT A

SUBDIVISION LANDSCAPING AGREEMENT
70

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Exhibit A to Reso. No. 2024-
Recording Requested by
and Return to:

SUBDIVISION LANDSCAPING AGREEMENT
This Subdivision Landscaping Agreement is entered into by and between the City of Rocklin, hereinafter called "City," and KB Home Sacramento Inc., a California Corporation, hereinafter called "Principal," on the 27th day of August, 2024.

RECITALS

1. Principal has received approval from City of a tentative subdivision map commonly known as Wildcat West ("the subdivision").

2. Principal wishes to have filed for record a final subdivision map, ("the map"), in substantial conformity with the approved tentative map. A copy of the plat of the map is attached hereto as Exhibit 1 and by this reference incorporated herein.

3. City has approved the map, subject to the execution of this Agreement.

4. Principal is willing to execute this Agreement as a condition precedent to the recording of the map.

5. The authority for this Agreement is set forth in the Subdivision Map Act ("the Map Act") (Government Code section 66410 et seq.) and Title 16 of the Rocklin Municipal Code ("Title 16").
71

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Exhibit A to Reso. No. 2024-

AGREEMENT

6. Improvements. Principal agrees to complete all the works of landscaping improvement ("the Improvements") required for the subdivision as shown on the final landscaping plans for the subdivision submitted to and approved by the City Engineer and on file in the office of the City Engineer, in accordance with the requirements of the Map Act, Title 16, and the Standard Specifications of City in effect at the time of the installation of the Improvements. Such work will be completed within twelve (12) months of the date of this Agreement.

7. Acceptance of Improvements upon Completion. Upon satisfactory completion of the Improvements in accordance with the approved landscaping plans, the Standard Specifications and the conditions of approval of the tentative subdivision map, City agrees to accept for maintenance the Improvements and any off-site easements accepted by City, subject to the provisions of Paragraph 9 hereof.

8. Notice Regarding Construction. Principal shall notify the City Engineer 48 hours prior to commencement of construction of the Improvements.

9. Warranty. Principal agrees to remedy any defects in the Improvements arising from faulty or defective design or construction of said Improvements occurring within twelve (12) months after acceptance thereof has been given in writing by the City Council.

10. Indemnity and Hold Harmless. Principal agrees to and shall defend, indemnify and hold harmless City, its officers, employees, agents and volunteers from and against all claims, damages, losses and expenses, including attorneys fees and litigation costs and expenses, arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of Principal, any subcontractor of Principal, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence or willful misconduct of City. Lack of insurance coverage does not negate Principal’s obligation under this paragraph or this Agreement.

11. Delay. If the construction of the Improvements shall be delayed without fault of Principal, the time for completion thereof may be extended by City for such period of time as City may deem reasonable.

12. Security. Principal shall furnish to City security to ensure the faithful performance of all duties and obligations of Principal herein contained. Such Improvement security shall be in a form acceptable to the City Attorney. Such security shall be either a corporate surety bond, a letter of credit or other instrument of credit issued by a banking institution subject to regulation by the State or Federal government and pledging that the funds necessary to carry out this Agreement are on deposit and guaranteed for payment, or a cash deposit made either directly with the City or 72

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Exhibit A to Reso. No. 2024-
deposited with a recognized escrow agent for the benefit of the City. Such security shall be in the following amounts for the following purposes:
a. Performance: One hundred percent (100%) of the estimated cost of the Improvements securing performance of this Agreement, which estimated cost is in the amount of: Three Hundred Twenty-Eight Thousand One Hundred dollars (328,100.00).
b. Payment of Labor and Materials: One hundred percent (100%) of the estimated cost of the Improvements, as set forth in Paragraph (a) immediately preceding, securing payment to the contractor of Improvements, to his subcontractors, and to persons furnishing labor, materials, or equipment to them.
c. Warranty: The amount of Sixty-Five Thousand Six Hundred Twenty dollars ($65,620.00) to guarantee and warrant the Improvements for a period of one (1) year following the completion and acceptance of the Improvements against any defects in the Improvement design, the work, or the labor done, or defects in materials furnished. This security need not be furnished prior to completion of the Improvements, but must be provided prior to their acceptance.

13. Irrevocability of Security. The Improvement security furnished pursuant to Paragraph 12 shall be irrevocable, shall not be limited as to time (except as to the twelve (12) month period specified in Paragraph 9), and shall provide that it shall be released, in whole or in part, only upon the written approval of the City Engineer or delegate.

14. Actions. At City's option, any action by any party to this Agreement, or any action concerning the security furnished pursuant to Paragraph 12, shall be brought in the appropriate court of competent jurisdiction within the County of Placer, notwithstanding any other provision of law which may provide that such action may be brought in some other location.

15. Inspection; Release of Security For Faithful Performance. Principal may, from time to time, request the City Engineer to inspect the Improvements as they progress. The City Engineer may, if the work is found by City Engineer to be in accordance with the Standard Specifications, choose to accept so much of that work as is completed, and authorize a release pro tanto of the security provided pursuant to Paragraph 12(a); provided, however, that in no event shall the release of more than eighty (80%) of the Improvement security be authorized until all the work has been completed and accepted.

16. Release of Remaining Security For Faithful Performance: Warranty.

At the conclusion of the construction of the Improvements, and upon written acceptance of them by the City Council and approval of a Notice of Completion, the City Engineer 73

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Exhibit A to Reso. No. 2024-
shall authorize the release of the security provided pursuant to Paragraph 12(a) upon the furnishing of the warranty security as required by Paragraph 12(c).

17. Release of Security Where Other Agency Approval Required.

Notwithstanding paragraphs 15 and 16, where any portion of the Improvements is subject to approval by another agency, no release of security equal to the value of those Improvements shall be made until the work is completed to the satisfaction of such other agency. Such other agency shall have two (2) months after completion of the performance of the obligation in which to register satisfaction or dissatisfaction. If at the end of that period it has not registered satisfaction or dissatisfaction, it shall be conclusively deemed that the performance of the obligation was done to its satisfaction.

18. Release of Labor and Materials Security. Ninety (90) days after a notice of completion is filed with respect to the Improvements, the City Engineer may authorize the release of the security given to secure payment for labor and materials as provided in Paragraph 12(b) of this agreement, in the event that no claims have been filed against said security. In the event that claims or actions are filed against the security, the City Engineer may release so much of such security as is in excess of the total of the claims made against it.

19. Insurance. Principal shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Principal, its agents, representatives, or employees.
a. Minimum Scope and limit of Insurance
i. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
ii. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Principal has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. iii. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
iv.
74

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Exhibit A to Reso. No. 2024-
b. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
i. Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Principal including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Principal’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
ii. Primary Coverage. For any claims related to this contract, the Principal’s insurance coverage shall be primary with coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, or volunteers, and shall be excess of the Principal’s insurance and shall not contribute to it.
iii. Notice of Cancellation. Each insurance policy required above shall not be canceled, except with notice to the City. iv. Waiver of Subrogation. Principal hereby grants to City a waiver of any right to subrogation which any insurer of said Principal may acquire against the City by virtue of the payment of any loss under such insurance. Principal agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
v. Self-Insured Retentions . Self-insured retentions must be declared to and approved by the City. The City may require the Principal to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. vi. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.

Best’s rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies. If any of the required policies provide coverage on a claims made basis:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 75

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Exhibit A to Reso. No. 2024-

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

3. If coverage is canceled or non-renewed, and not
replaced with another claims-made policy form with a
Retroactive Date prior to the contract effective date, the Principal must purchase “extended reporting” coverage
for a minimum of five (5) years after completion of
contract work.
vii. Verification of Coverage. Principal shall furnish the City with original Certificate of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Principal’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. viii. Subcontractors. Principal shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Principal shall ensure that City is an additional insured on insurance required from subcontractors.
ix. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

20. Failure of Performance. In the event Principal fails to perform one or more of the conditions herein, City shall have recourse to the security given to guarantee the performance of such acts. City shall have recourse against so much of the security as is necessary to discharge the responsibility of Principal hereunder. City shall have recourse against Principal for any and all amounts necessary to complete the obligations of Principal in the event the security therefore is insufficient to pay such amounts. All administrative costs incurred by the City, in addition to the costs of the Improvements, shall be a proper charge against the security and/or Principal.

21. Attorney's Fees. If the services of any attorney are required by any party to secure the performance of this Agreement or otherwise upon the breach or default of another party, or if any judicial remedy or arbitration is necessary to enforce or interpret any provisions of this Agreement or the rights and duties of any person in relation to this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and other expenses, in addition to any other relief to which such party may be entitled.

Prevailing party includes (a) a party who dismisses an action in exchange for sums 76

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Exhibit A to Reso. No. 2024-
allegedly due; (b) the party that receives performance from the other party of an alleged breach of covenant or a desired remedy, if it is substantially equal to the relief sought in an action; or (c) the party determined to be prevailing by a court of law.

22. Agreement Binding on Successors, Etc. This Agreement shall be binding upon all the heirs, successors, and assigns of either party, and the same shall be recorded in the office of the Recorder of Placer County upon its execution, and shall be a covenant running with the land and equitable servitude upon the parcel or parcels of real property subdivided by the map.

23. Subdivision Map Act Controlling. To the extent any provision of this Agreement conflicts with any provision of the Map Act, the applicable provision of such Act shall control, and no action taken pursuant to this Agreement which conflicts with any provision of the Map Act shall relieve the person taking such action from compliance with the provisions of the Map Act.

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

WHEREFORE, the parties hereto have executed this Agreement on the day and in the year first above written.

CITY OF ROCKLIN
By:_____________________________________________
Aly Zimmermann, City Manager

Page 8 ends

Exhibit A to Reso. No. 2024-

PRINCIPAL
KB Home Sacramento Inc., a California Corporation
(Name of Principal)
By:_____________________________________________
Leo Pantoja, (Date)
Vice President Planning

APPROVED AS TO FORM:

Matthew McOmber,
City Attorney
ATTEST:
_____________________________
Avinta Singh, City Clerk
78 ATTACH CURRENT NOTARY

ACKNOWLEDGEMENT FORM

FOR CITY OF ROCKLIN
79 ATTACH CURRENT NOTARY

ACKNOWLEDGEMENT FORM

FOR PRINCIPAL
80

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Subdivision Landscaping Agreement
Reso. No.

EXHIBIT 1

TO SUBDIVISION LANDSCAPING AGREEMENT
81 NSEW

OCELOT WAY
EXHIBIT "1"FINAL MAPTHE WILDCAT WEST

BENGAL LOOP

JAGUAR WAYASHERA STREET

BENGAL LOOP
ALLEY 1ALLEY 2
ALLEY 3ALLEY 8
ALLEY 4ALLEY 7
ALLEY 5ALLEY 6
ALLEY 9
LOT D161518191312
17 111014LOT ELOT CLOT A319
786
2 54
LOT P

LOT MLOT H

LOTG LOT B
2728
202629
21 3025
2223
31 6563625758246166646788
6059
8786858456LOT LLOT I35345554325352838233
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PAGE 1 OF EXHIBIT "1" OFSUBDIVISION LANDSCAPING AGREEMENTRESOLUTION NO. 2024- 82 City Council
Staff Report

Subject:

Various Personnel Updates
Date:

August 27, 2024
Submitted By:

Tameka Usher, Administrative Services Director
Department:

Administrative Services - Human Resources
Recommendation:

Background:

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

The City has an Information Technology Analyst (journey-level) and a Senior Information Technology Analyst (advanced journey-level) classification series. No change is recommended for the Senior Information Technology Analyst. However, the City does not have an entry-level Information Technology Analyst classification. Due to previous failed recruitments, staff recommends creating a flexibly staffed Information Technology Analyst classification series, which would be titled Information Technology Analyst I (new entry-level) and Information Technology Analyst II (the current level titled Information Technology Analyst).

Creating an Information Technology Analyst I/II will create additional internal career growth from the Information Technology Specialist classification series and will allow hiring to be made at the either the I or II level. Introducing this model in the Information Technology Analyst classification series will not impact current staff. In addition, this flexible staffing concept is not new to the City, which currently uses this model for the GIS Analyst I/II, Building Inspector I/II, and Accountant I/II.

To implement this change, staff recommends the following:

Reallocate 2.0 FTE Information Technology Analyst allocations to Information Technology I/II in the Administrative Services Department.

Public Service Employees’ Bargaining Unit Salary Schedule:

Delete 1.0 FTE Information Technology Analyst and add 1.0 FTE Information Technology Analyst I/II.

Item Number 6

83 Set the salary range for the newly created I-level at salary range 35 (The II- level salary shall remain at salary range 39).

Confidential Salary Schedule:

Delete 1.0 FTE Information Technology Analyst and add 1.0 FTE Information Technology Analyst I/II.

Set the salary range for the newly created I-level at salary range of 30 (The II-level salary shall remain at salary range 34).

Fiscal Impact:

There is no direct fiscal impact on the General Fund from the staff recommendation.

ATTACHMENTS:

1. Resolution

2. Resolution Exhibit A - Confidential Salary Schedule

3. Resolution Exhibit B - Public Service Employees' Bargaining Unit Salary Schedule A and B 84 RESOLUTION NO. 2024-

ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN TO REALLOCATE AND RETITLE 2.0 FTE INFORMATION TECHNOLOGY ANALYST POSITIONS AS 1.0 FTE INFORMATION TECHNOLOGY ANALYST I/II IN THE CONFIDENTIAL BARGAINING UNIT AND 1.0 FTE INFORMATION TECHNOLOGY ANALYST I/II IN THE PUBLIC SERVICE EMPLOYEES’ BARGAINING UNIT (AFSCME COUNCIL 57, LOCAL 146-AFL-CIO) AND ADOPT REVISED CONFIDENTIAL AND PUBLIC SERVICE EMPLOYEES’ BARGAINING

UNIT SALARY SCHEDULES
WHEREAS, to increase efficiency and effectiveness in the recruitment and retention of Information Technology employees and delivery of services, a new Information Technology Analyst I/II flex class specification was created; and WHEREAS, staff recommends reallocating and retitling 2.0 FTE Information Technology Analyst positions in the Administrative Services Department as Information Technology Analyst I/II and allocating 1.0 FTE to the Confidential Bargaining Unit and

1.0 FTE to the Public Service Employees Bargaining Unit (AFSCME) with corresponding updates to the applicable salary schedules; and
WHEREAS, staff recommends deleting the Information Technology Analyst from the Confidential Salary Schedule and adding the Information Technology Analyst I/II to the Confidential Salary Schedule with the I-level at salary range 30 and the II-level at salary range 34; and
WHEREAS, staff recommends deleting the Information Technology Analyst from the Public Service Employees (AFSCME) Salary Schedules A and B, respectively, and adding the Information Technology Analyst I/II to the Public Service Employees Salary Schedules A and B with the I-level at salary range 35 and the II-level at salary range 39; and
WHEREAS, the recommended changes require the City Council to approve the updates to each of the Confidential and Public Service Employees’ Bargaining Unit Salary Schedules, respectively.

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

Section 1. The Recitals set forth in this Resolution are true and correct and hereby incorporated by reference.

Section 2. Effective August 27, 2024, the City Council approves reallocating and retitling 2.0 FTE Information Technology Analyst positions in the Administrative Services Department to 1.0 FTE Information Technology Analyst I/II in the Confidential Bargaining 85 Unit and 1.0 FTE Information Technology Analyst I/II in the Public Service Employees Bargaining (AFSCME).

Section 3. Effective August 27, 2024, the updated City of Rocklin Confidential Salary Schedule for the Information Technology Analyst I and II as set forth and (attached hereto as Exhibit A) is adopted.

Section 4. Effective August 27, 2024, the updated City of Rocklin Public Service Employees’ Bargaining Unit Salary Schedule Salary Schedule A and B for the Information Technology Analyst I and II as set forth and (attached hereto as Exhibit B) is adopted.

PASSED AND ADOPTED this 27h day of August, 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

ATTEST:

Greg Janda, Mayor
Avinta Singh, City Clerk
86 Classification Range 1 2 3 4 5 6 7 8 9 10
Administrative Office Clerk 6 44,758$ 46,324$ 47,945$ 49,623$ 51,360$ 53,158$ 55,018$ 56,944$ 58,937$ 61,000$ Communications Specialist 8 47,023 48,669 50,373 52,136 53,960 55,849 57,804 59,827 61,921 64,088 Administrative Office Assistant 11 50,639 52,411 54,246 56,144 58,109 60,143 62,248 64,427 66,682 69,016 Departmental Administrative Specialist 17 58,726 60,781 62,909 65,110 67,389 69,748 72,189 74,716 77,331 80,037 Human Resources Technician I
Legal Secretary
Payroll Technician I
Deputy City Clerk 20 63,241 65,455 67,746 70,117 72,571 75,111 77,740 80,461 83,277 86,191 Human Resources Technician II
Payroll Technician II
Executive Assistant 24 69,806 72,250 74,778 77,396 80,105 82,908 85,810 88,813 91,922 95,139 Executive Assistant to the City Manager
Paralegal
Information Technology Analyst I 30 80,954 83,788 86,720 89,755 92,897 96,148 99,513 102,996 106,601 110,332 Information Technology Analyst II 34 89,358 92,486 95,723 99,073 102,541 106,130 109,844 113,689 117,668 121,786 Effective August 27, 2024
(Annual Salary)

CONFIDENTIAL SALARY SCHEDULE

CITY OF ROCKLIN
87 Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Office Assistant I 5 38,365$ 39,708$ 41,098$ 42,536$ 44,025$ 45,566$ 47,161$ 48,811$ 50,520$ 52,288$ Park Services Aide
Office Assistant II 11 44,492 46,049 47,661 49,329 51,056 52,843 54,692 56,606 58,588 60,638 Recreation Specialist
Code Enforcement Technician 14 47,913 49,590 51,326 53,122 54,981 56,906 58,897 60,959 63,092 65,301 Street Maintenance Worker I 15 49,112 50,831 52,610 54,451 56,357 58,330 60,371 62,484 64,671 66,935 Landscape Services Worker 17 51,597 53,403 55,272 57,207 59,209 61,281 63,426 65,646 67,944 70,322 Street Maintenance Worker II
Equipment Mechanic I 19 54,210 56,108 58,071 60,104 62,208 64,385 66,638 68,971 71,385 73,883 Planning/Building Technician I
Traffic Maintenance Assistant
Building Maintenance Worker 20 55,566 57,510 59,523 61,607 63,763 65,995 68,304 70,695 73,169 75,730
Irrigation Maintenance Technician
Accounting Technician I 21 56,955 58,948 61,011 63,147 65,357 67,644 70,012 72,462 74,999 77,623 Senior Street Maintenance Worker

Landscape Services Trades Worker 22 58,379 60,422 62,537 64,725 66,991 69,335 71,762 74,274 76,873 79,564 Senior Building Maintenance Worker
Administrative Assistant 23 59,838 61,932 64,100 66,344 68,666 71,069 73,556 76,131 78,795 81,553 Engineering Technician I
Planning/Building Technician II
Recreation Coordinator
Equipment Mechanic II 24 61,334 63,481 65,703 68,002 70,382 72,846 75,395 78,034 80,765 83,592 Accounting Technician II 25 62,867 65,068 67,345 69,702 72,142 74,667 77,280 79,985 82,784 85,682 Community Development Technician
Environmental Services Technician
Building Inspector I 26 64,439 66,694 69,029 71,445 73,945 76,533 79,212 81,984 84,854 87,824 Construction Inspector I
Fire Inspector I
Landscape Inspector
Public Works Inspector I
Senior Irrigation Maintenance Technician

Engineering Technician II 27 66,050 68,362 70,754 73,231 75,794 78,447 81,192 84,034 86,975 90,019

CITY OF ROCKLIN

PUBLIC SERVIVCE EMPLOYEES SALARY SCHEDULE B
(Annual Salary)
Effective August 27, 2024
88 Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 GIS/Engineering Technician
Permit Center Supervisor
Administrative Technician
Accountant I 28 67,701 70,071 72,523 75,062 77,689 80,408 83,222 86,135 89,150 92,270 Building Trades Worker
Code Enforcement Officer
Senior Equipment Mechanic
Building Maintenance Supervisor 29 69,394 71,823 74,336 76,938 79,631 82,418 85,303 88,288 91,378 94,577 Traffic Control and Lighting Technician
Community Development Inspector 30 71,129 73,618 76,195 78,862 81,622 84,479 87,435 90,496 93,663 96,941 Construction Inspector II
Environmental Services Specialist
Housing Specialist
Public Works Inspector II
Senior Building Trades Worker
Building Plans Examiner 31 72,907 75,459 78,100 80,833 83,662 86,591 89,621 92,758 96,004 99,365 GIS Analyst I
Information Technology Specialist
Recreation Supervisor
Building Inspector II 32 74,730 77,345 80,052 82,854 85,754 88,755 91,862 95,077 98,405 101,849 Fire Inspector II
Senior Construction Inspector
Senior Traffic Control and Lighting Technician
Accountant II 33 76,598 79,279 82,053 84,925 87,898 90,974 94,158 97,454 100,865 104,395 Assistant Planner
Fleet Services Supervisor
Landscape Services Supervisor
Permit Services Supervisor
Street Maintenance Supervisor
Assistant Civil Engineer 35 80,476 83,292 86,207 89,225 92,348 95,580 98,925 102,387 105,971 109,680 Facilities Maintenance Supervisor
Senior Information Technology Specialist
Information Technology Analyst I

Assistant Land Surveyor 37 84,550 87,509 90,572 93,742 97,023 100,418 103,933 107,571 111,336 115,232 Parks Division Supervisor
Traffic Maintenance Supervisor
Administrative Analyst 39 88,830 91,939 95,157 98,487 101,934 105,502 109,195 113,017 116,972 121,066 Associate Planner
Building Division Supervisor
Facilities Operations Superintendent
Fire Prevention Plans Examiner
GIS Analyst II
89 Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Information Technology Analyst II
Land Development Engineer
Senior Accountant
Senior Information Technology Analyst 42 95,660 99,008 102,474 106,060 109,772 113,614 117,591 121,706 125,966 130,375 Associate Civil Engineer 43 98,052 101,483 105,035 108,712 112,517 116,455 120,531 124,749 129,115 133,634 Deputy Fire Marshal
Plan Check Engineer 44 100,503 104,021 107,661 111,429 115,329 119,366 123,544 127,868 132,343 136,975 Senior Planner
90 Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Office Assistant I 5 38,365$ 40,284$ 42,298$ 44,413$ 46,633$ 48,965$ Park Services Aide
Office Assistant II 11 44,492 46,717 49,052 51,505 54,080 56,784 Recreation Specialist
Code Enforcement Technician 14 47,913 50,309 52,824 55,465 58,239 61,151 Street Maintenance Worker I 15 49,112 51,568 54,146 56,853 59,696 62,681 Landscape Services Worker 17 51,597 54,177 56,886 59,730 62,717 65,853 Street Maintenance Worker II
Equipment Mechanic I 19 54,210 56,921 59,767 62,755 65,893 69,188 Planning/Building Technician I
Traffic Maintenance Assistant
Building Maintenance Worker 20 55,566 58,344 61,261 64,324 67,540 70,917 Irrigation Maintenance Technician
Accounting Technician I 21 56,955 59,802 62,793 65,932 69,229 72,690 Senior Street Maintenance Worker
Landscape Services Trades Worker 22 58,379 61,298 64,362 67,581 70,960 74,508 Senior Building Maintenance Worker
Administrative Assistant 23 59,838 62,830 65,971 69,270 72,734 76,370 Engineering Technician I
Planning/Building Technician
Recreation Coordinator

CITY OF ROCKLIN

PUBLIC SERVICE EMPLOYEES SALARY SCHEDULE A
(Annual Salary)
91 Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Equipment Mechanic II 24 61,334 64,401 67,621 71,002 74,552 78,279 Accounting Technician II 25 62,867 66,011 69,311 72,777 76,416 80,236 Community Development Technician
Environmental Services Technician
Building Inspector I 26 64,439 67,661 71,044 74,596 78,326 82,242 Construction Inspector I
Fire Inspector I
Landscape Inspector
Public Works Inspector I
Senior Irrigation Maintenance Technician
Engineering Technician II 27 66,050 69,353 72,820 76,461 80,284 84,298 GIS/Engineering Technician
Permit Center Supervisor
Administrative Technician
Accountant I 28 67,701 71,086 74,641 78,373 82,291 86,406 Building Trades Worker
Code Enforcement Officer
Senior Equipment Mechanic
Building Maintenance Supervisor 29 69,394 72,864 76,507 80,332 84,349 88,566 Traffic Control and Lighting Technician

Community Development Inspector 30 71,129 74,685 78,419 82,340 86,457 90,780 Construction Inspector II
Environmental Services Specialist
Housing Specialist
Public Works Inspector II
Senior Building Trades Worker
Building Plans Examiner 31 72,907 76,552 80,380 84,399 88,619 93,050 GIS Analyst I
Information Technology Specialist
Recreation Supervisor
Building Inspector II 32 74,730 78,466 82,389 86,509 90,834 95,376 Fire Inspector II
92 Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Senior Construction Inspector
Senior Traffic Control and Lighting Technician

Accountant II 33 76,598 80,428 84,449 88,672 93,105 97,760 Assistant Planner
Fleet Services Supervisor
Landscape Services Supervisor
Permit Services Supervisor
Street Maintenance Supervisor
Assistant Civil Engineer 35 80,476 84,499 88,724 93,161 97,819 102,709 Facilities Maintenance Supervisor
Senior Information Technology Specialist
Information Technology Analyst I

Assistant Land Surveyor 37 84,550 88,777 93,216 97,877 102,771 107,909 Parks Division Supervisor
Traffic Maintenance Supervisor
Administrative Analyst 39 88,830 93,271 97,935 102,832 107,973 113,372 Associate Planner
Building Division Supervisor
Facilities Operations Superintendent
Fire Prevention Plans Examiner
GIS Analyst II
Information Technology Analyst II
Land Development Engineer
Senior Accountant
Senior Information Technology Analyst 42 95,660 100,443 105,465 110,739 116,276 122,089

Associate Civil Engineer 43 98,052 102,954 108,102 113,507 119,182 125,142 Deputy Fire Marshal
Plan Check Engineer 44 100,503 105,528 110,805 116,345 122,162 128,270 Senior Planner
93 City Council
Staff Report

Subject:

Accounts Paid List - April to June 2024
Date:

August 27, 2024
Submitted By:

Diane Ahn, Accounting Officer
Daniel Choe, Deputy Director of Administrative Services Department:

Administrative Services - Finance
Recommendation:

Receive the Accounts Paid List for April 1, 2024 to June 30, 2024.

Background:

The Accounts Paid List (Attachment 1) details expenses paid to vendors, types of expenses, and the amount paid for the period between April 1, 2024 to June 30, 2024.

Fiscal Impact:

This report will not have a direct fiscal impact. The items included are either within the budget or have been approved through budget amendments.

Item Number 7

ATTACHMENTS:

1. Accounts Paid List April to June 2024
94 95
96 97
98 99
100
101
102
103
104
City Council
Staff Report

Subject:

Target Solutions Learning, LLC Agreement
Date:

August 27, 2024
Submitted By:

Shawn Watkins, Deputy Chief
Reginald Williams, Chief
Department:

Fire
Recommendation:

Background:

The Rocklin Fire Department has been under contract with Target Solutions Learning, LLC (also known as Vector Solutions) since February 4, 2020. Target Solutions Learning, LLC provides cloud based online public safety training. These trainings are mandated by Local and State Emergency Services Agencies as well as fire-based training required by the California State Fire Marshal’s Office.

On April 15, 2022, the Fire Department executed an amendment to the contract extending the agreement term for a new five-year term beginning February 28, 2023. The amendment also added additional services: (1) medication inventory, and (2) asset management software for tracking routine inspections of fire stations and apparatus. The amended agreement also includes an automatic renewal clause after the amended initial term expires on February 27, 2028 (Year 5) and will renew for a term equal to the initial term at then current fees.

Rocklin Municipal Code (RMC) section 3.04.100(B) states the maximum term of a contract shall be three years unless a longer initial term or renewal term is approved by the City Council. Upon review of this existing contract, the contract with Target Solutions Learning, LLC was identified as one that should continue to renew as outlined in the agreement.

RMC section 3.04.090(B) states a contract may be awarded without competition when the city determines in writing, after conducting a good faith review of available sources, that there is only one source for the required goods, service, or construction item. Target Solutions, LLC is the city-wide learning management system provided by the City, as well as surrounding fire agencies within the County who also use software, which helps to provide consistent training among firefighters. After a careful in-depth review of several other software packages, it was Item Number 8

105
determined that Target Solutions, LLC is the only provider to meet all of the Fire Department’s needs with its comprehensive suite of services and ability to maintain consistency in training within the region. City Council approval of the staff recommendation would allow seamless utilization of the necessary services for the Fire Department.

The Fire Department will continue to manage the agreement and review the services and pricing with competitors in the open market to determine when it would be appropriate to competitively re-bid for these services.

Fiscal Impact:

There is no additional fiscal impact associated with this action. The costs of the agreement are budgeted in the Fiscal Year 2024/25 Operating Budget in the General Fund (100).

ATTACHMENTS:

1. Resolution

2. Resolution Exhibit A - Target Solutions Learning LLC Client Agreement Signed 2020

3. Resolution Exhibit B - Target Solutions Learning LLC Contract Revision Signed 2022 106
RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ROCKLIN APPROVING AND RATIFYING AN EVERGREEN

CONTRACT WITH TARGET SOLUTIONS LEARNING, LLC

AND AUTHORIZING THE CITY MANAGER TO SIGN CONTRACT AND

SUBSEQUENT AMENDMENTS
WHEREAS, the Fire Department has been under contract with Target Solutions Learning, LLC (also known as Vector Solutions) since February 28, 2020 to provide cloud based online public safety training; and WHEREAS, the Fire Department executed an amendment to the contract on April 15, 2022 extending the agreement for five years beginning February 28, 2023, and added additional services; namely, asset management software for tracking routine inspections of fire stations and apparatus and medication inventory; and
WHEREAS, the agreement as amended in April, 2022 includes an automatic renewal clause after the amended initial term expires on February 27, 2028 (Year 5) and will renew for a term equal to the initial term at then current fees; and
WHEREAS, the contract’s amended five-year term total contract compensation to Target Solutions Learning, LLC is $35,017; and WHEREAS, the maximum term allowed under the Rocklin Municipal Code Chapter 3.04.070(I) for a contract is three years, unless otherwise approved by the City Council for good cause; and
WHEREAS, the contract and amendment have not previously been presented to the City Council for approval or ratification or for a determination of good cause; and
WHEREAS, good cause exists to approve this contract for a longer term than three years because approval of this existing contract would allow continued seamless utilization of these necessary public safety services from Target Solutions Learning, LLC for the Fire Department; and the city also contracts with Target Solutions Learning, LLC for their citywide learning management system solution for all employees.

WHEREAS, the Department will conduct an informal market survey and based on the information obtained, will provide recommendations to the Fire Chief based on the scope of services, cost, pricing, and quality of products, if good cause continues to exist to execute successive term with the Target Solutions Learning, LLC contract as set forth herein; and 107
WHEREAS, the City Council wishes to delegate to the City Manager authority to sign subsequent amendments as further delineated herein.

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

Section 1. Each Recital is true and correct and is hereby incorporated by reference.

Section 2. The City Council ratifies and approves of the evergreen contract and contract amendment with Target Solutions Learning, LLC, attached and incorporated hereto as Resolution Exhibits A and B.

Section 3. The City Council authorizes the City Manager to sign subsequent amendments up to $10,000 annually consistent with the contract’s subject matter and scope of work and subject to approval as to form and legality by the City Attorney.

PASSED AND ADOPTED this 27th day of August, 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
_______________________________
Greg Janda, Mayor
ATTEST:
______________________________
Avinta Singh, City Clerk
108

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Rev. R (Issued 10.02.2019)

Schedule A
By signing the Client Agreement, you are 1) agreeing to the pricing and terms presented in the Agreement; 2) agreeing you have read and accept the Client Agreement and License Terms and; 3) agreeing you have read the TargetSolutions Platform System Requirements and Platform Solution Description documents listed in detail at the following URL:
https://www.targetsolutions.com/clients/client-resources/ Date: 02-04-2020
Pricing Valid for 30 days.

Client Information
Client Name: Rocklin Fire Department (CA)
Address:
4080 Rocklin Road
Rocklin, California 95677
Primary Contact Name:

Martin Holm
Primary Contact Phone:
(916) 625-5304
Terms
Effective Date:
02-28-2020
Initial Term (months):
12 Invoicing Contact Information (Please fill in missing information) Billing Contact Name: Martin Holm
Billing Address:
4080 Rocklin Road
Rocklin, California 95677
Billing Phone:
(916) 625-5304
Billing Email:
[email protected]
PO#: Billing
Frequency:

Annual
Payment
Terms:

Net 30

Grand Total: $2,982.00

Annual Subscription Services
Product Description Quantity Unit Price Total
TargetSolutions Check It
Fire/EMS Stations

3 $249.00 $747.00
TargetSolutions Check IT
Fire/EMS Vehicles

10 $149.00 $1,490.00
TargetSolutions Check IT
Fire/EMS Vehicles
Support Vehicles
5 $149.00 $745.00
Total: $2,982.00
DocuSign Envelope ID: 70A04544-FD5C-4BF0-9B48-14A3B5ABD069 109

Page 2 ends

Rev. R (Issued 10.02.2019)
Please note that this is not an invoice and taxes are excluded. An invoice will be sent within fourteen (14) business days of your Contract Effective Date.

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Rev. R (Issued 10.02.2019)

Client Agreement
This Target Solutions Client Agreement (the “Agreement”), effective as of the date noted in the attached Schedule A (the “Effective Date”), is by and between TargetSolutions Learning, LLC, d/b/a Vector Solutions (”TargetSolutions”), a Delaware limited lia bility company, powered by CrewSense, LLC (“CrewSense”) and Halligan, Inc. (“Halligan”) (collectively referred to herein as “TSL”) and the undersigned client (“Client”), and governs the purchase and ongoing use of the services described in this Agreement (the “Services”).

1. Services. TSL shall provide the following services:

1.1. Access and Use. TSL will provide Client a non-exclusive, non-transferable, revocable, limited license to remotely access and use the software as a service (‘Services”) hereunder and, unless prohibited by law, will provide access to any person designated by Client (“Users”).

1.2. Availability. TSL shall use commercially reasonable efforts to provide access to and use of the Services by Client’s Users twenty -four (24) hours a day, seven (7) days a week, subject to scheduled downtime for routine maintenance, emergency maintenance, system outages and other outages beyond TSL’s control.

1.3. Help Desk. TSL will assist Users as needed on issues relating to usage via Help Desk five (5) days per week at scheduled hours.

1.4. Upgrades and Updates. TSL may update or upgrade the Services at any time at its discretion. Without paying additional compensation, Client will receive access to any general upgrades and updates to the Services licensed from TSL, which upgrades and/or updates TSL makes generally available to its oth er clients. All updates and upgrades to the Services are subject to the terms and conditions of this Agreement.

2. Client’s Obligations.

2.1. Compliance. Client shall be responsible for Users’ compliance with this Agreement and use commercially reasonable efforts to prevent unauthorized access to or use of the Services.

2.2. Identify Users. Client shall (i) provide a listing of its designated/enrolled Users; (ii) cause each of its Users to complete a profile; (iii) maintain user dat abase by adding and removing Users as appropriate; and (iv) when purchasing asset inventory management Services, identify stations, vehicles, drug safes, and other service specific details, as may be applicable.

2.3. Future Functionality. Client agrees that its purchases hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any public comments regarding future functionality or features.

2.4. Additional Service Specific Client Obligations. The following subsections 2.4 (a) and 2.4 (b) apply only if Client is purchasing “Vector Solutions Incident Tracking Service”:
(a) Client acknowledges that all notifications it receives from Vector Solutions Incident Tracking Service may contain sensitive personal information and client shall ensure that such information is secured from transmissions and/or disclosure to unauthorized recipients. Client understands that TSL does not control or own the data contained in the notifications. Client agrees that it wi ll be solely responsible for establishing a security system to prevent the transmission and/or disclosure of such information to unauthorized recipient(s). In the event such information is disclosed to an unauthorized recipient(s), Client bears the burden and expense of notifying any individual whose sensitive personal information may have been disclosed to the extent required by law. Client further agrees to handle the data in compliance with any applicable federal, state, or local laws or regulations, and that it will monitor employees using the Incident Tracking Service.
(b) Client represents and warrants that it is not a health care provider, health plan, or health care clearinghouse (collectively, a "covered entity") as those terms are defined under th e federal Health Information Portability and Accountability Act ("HIPAA"). Client further represents and warrants that it is not a business associate as that term is defined under HIPAA. Client further agrees to indemnify and hold TSL and its officers, me mbers, agents and employees harmless from any and all claims and demands (including reasonable attorneys' fees associated with the same) made by Client and/or any third party due to or arising out of any claim that TSL is a covered entity or business associate, due to Client’s use of the Incident Tracking Service.

3. Fees and Payments.

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Rev. R (Issued 10.02.2019)

3.1. Fees. Client will pay for the Services in accordance with the fee schedule in Schedule A attached to this Agreement. Fees listed in Schedule A shall be increased by 3% per year both during the term of this Agreement, as well as for any renewal terms. License fees do not include any shipping, duties, bank fees, sales, use, excise or similar taxes due. If TSL is required to pay any such amounts, Client shall reimburse TSL in full.

3.2. Payments. All fees due under this Agreement must be paid in United States dollars or Canadian Dollars, as applicable to Client’s location. Such charges will be made in advance, according to the frequency stated in Schedule A. TSL will invoice in advance, and such invoices are due net thirty (30) days from the invoice date. All fees collected under this Agreement are fully earned when due and nonrefundable when paid.

3.3. Suspension of Service for Overdue Payments. Any fees unpaid for more than ten (10) days past the due date shall bear interest at 1.5% per month. With fifteen (15) days prior written notice, TSL shall have the right, in addition to all other rights and remedies to which TSL may be entitled, to suspend Client’s Users’ access to the Services until all overdue payments are paid in full.

4. Intellectual Property Rights.

4.1. Client acknowledges that TSL alone (and its licensors, where applicable) shall own all rights, title and interest in and to TSL’s software, website or technology, the course content, translations, compilations, partial copies, modifications, and updates, and the Services provided by TSL, as well as any and all suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Client, and this Agreement does not convey to Client any rights of ownership to the same. The TSL name and logo are trademarks of TSL, and no right or license is granted to Client to use them.

4.2. Client recognizes that TSL regards the software it has developed to deliver the Services as its proprietary information and as confidential trade secrets of great value. Client agrees not to provide or to otherwise make available in any form the software or Services, or any portion thereof, to any person other than Authorized Users of Client without the prior written consent of TSL. Client further agrees to treat the Services with at le ast the same degree of care with which Client treats its own confidential information and in no event with less care than is reasonably required to protect the confidentiality of the Services.

4.3. Except as otherwise agreed in writing or to the extent ne cessary for Client to use the Services in accordance with this Agreement, Client shall not: (i) copy the course content in whole or in part; (ii) display, reproduce, create derivative works from, transmit, sell, distribute, rent, lease, sublicense, transfe r or in any way exploit the course content or Services in whole or in part; (iii) embed the course content into other products; (iv) use any trademarks, service marks, domain names, logos, or other identifiers of TSL or any of its third party suppliers; or (v) reverse engineer, decompile, disassemble, or access the source code of any TSL software.

4.4. If Client chooses to participate by uploading its information to its shared resource sections of TSL’s website, Client hereby authorizes TSL to share any intellectual property owned by Client (“User Generated Content”) that its Users upload to the shared resources section of TSL’s website with TSL’s third-party customers and users that are unrelated to Client (“Other TSL Customers”); provided that TSL must provide notice to Client’s users during the upload process that such User Generated Content will be shared with such Other TSL Customers.

5. Term and Notice.

5.1. Term. The term of this Agreement shall commence on the Effective Date and will remain in full force and effect for the term indicated in Schedule A (“Term”). Upon expiration of the Initial Term, this agreement shall automatically renew for successive one (1) year periods (each, a “Renewal Term”), unless notice is given by either party of its intent to terminate the Agreement, at least sixty (60) days prior to the scheduled termination date. Upon expiration of the Initial or any Renewal Term, access to the Services may remain active for thirty (30) days solely for purpose of Company’s record keeping (the “Expiration Period”). Any access to or usage of the Services following the Expiration Period shall be deemed Client’s renewal of the Agreement under the same terms and conditions.

5.2. Notice. All required notices hereunder by either party shall be given by personal delivery (including reputable courier service), fees prepaid, or by sending such notice by registered or certified mail return receipt requested, postage prepaid, and addressed as set forth on the last page of this Agreemen t. Such notices shall be deemed to have been given and delivered upon receipt or attempted delivery (if receipt is refused), as the case may be, and the date of receipt identified by the applicable postal service on any return receipt card shall be conclus ive evidence of receipt. Either party, by written notice to the other as above described, may alter the address for receipt by it of written notices hereunder.

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Rev. R (Issued 10.02.2019)

6. Mutual Warranties and Disclaimer.

6.1. Mutual Representations & Warranties. Each party represents and warrants that it has full authority to enter into this Agreement and to fully perform its obligations hereunder.

6.2. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTIES

OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES

OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES IS WITH CLIENT. TSL DOES NOT WARRA NT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL MEET CLIENT’S

REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.

6.3. WORKPLACE SAFETY IS YOUR RESPONSIBILITY. THAT DUTY CANNOT BE DELEGATED AND TSL ACCEPTS NO DELEGATION OF THAT DUTY. TSL WILL ASSIST YOU BY PROVIDING SPECIFIC SERVICES FOR WHICH YOU HAVE CONTRACTED.

7. Miscellaneous.

7.1. Limitation on Liability. Except as it relates to claims related to Section 4 or Section 7.2 of this Agreement, (a) in no event shall either party be liable to the other, whether in contract, warranty, tort (including negligence) or otherwise, for special, incidental, indirect or consequential damages (including lost profits) arising out of or in connection with this Agreement; and (b) the total liability of either party for any and all damages, including, without limitation, direct damages, shall not exceed the amount of the total fees due to, or already paid to, TSL for the preceding twelve (12) months.

7.1.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHATEVER THE LEGAL BASIS FOR THE CLAIM, UNDER NO CIRCUMSTANCES SHALL TSL BE LIABLE TO CLIENT OR TO ANY OF CLIENT’S

OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS,EMPLOYEES, CONTRACTORS, AGENTS, OR REPRESENTATIVES; OR TO ANY THIRD PARTY FOR ANY CLAIM, CAUSE OF ACTION, DEMAND,

LIABILITY, DAMAGES, AWARDS, FINES, OR OTHERWISE, ARISING OUT OF OR RELATING TO PERSONAL

INJURY, DEATH, OR OTHER HARM CAUSED FROM USE OF OR RELIANCE ON THE CONTENT OF THE COURSES. CLIENT, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, EMPLOYEES,

CONTRACTORS, AGENTS, AND REPRESENTATIVES RELY ON THE CONTENT OF THE COURSES AT THEIR OWN RISK.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES

SO, SOLELY TO THE EXTENT SUCH LAW APPLIES TO CLIENT, THE ABOVE LIMITATIONS AND EXCLUSIONS MIGHT NOT APPLY TO CLIENT.

7.2. Indemnification.

7.2.1 Indemnification by TSL. TSL shall indemnify and hold Client harmless from any and all claims, damages, losses and expenses, including but not limited to reasonable attorney fees, arising out of or resulting from any third -party claim that the Services or any component thereof infringes or violates any intellectual property right of any person.

7.2.2 Indemnification by Client . To the extent permitted by applicable law, Client shall indemnify and hold TSL harmless from any and all claims, damages, losses a nd expenses, including but not limited to reasonable attorney fees, arising out of or resulting from any third party claim that any document, course, or intellectual property owned by Client or uploaded to the LMS by Client infringes or violates any intellectual property right of any person.

7.3. Assignment. Neither party may assign or delegate its rights or obligations pursuant to this Agreement without the prior written consent of the other, provided that such consent shall not be unreasonably withheld. Notwithstanding the foregoing, TSL may freely assign or transfer any or all of its rights without Client consent to an affiliate, or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

7.4 Force Majeure. TSL shall have no liability for any failure or delay in performing any of its obligations pursuant to this Agreement due to, or arising out of, any act not within its control, including, without limitation, acts of God, strikes, lockouts, war, riots, lightning, fire, storm, flood, explosion, interruption or delay in power supply, computer virus, governmental laws or regulations.

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Rev. R (Issued 10.02.2019)

7.5. No Waiver. No waiver, amendment or modification of this Agreement shall be effective unless in writing a nd signed by the parties.

7.6. Severability. If any provision of this Agreement is found to be contrary to law by a court of competent jurisdiction, such provision shall be of no force or effect; but the remainder of this Agreement shall continue in full force and effect.

7.7. Export Regulations. All Content and Services and technical data delivered under this agreement are subject to applicable US and Canadian laws and may be subject to export and import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.

7.8. Purchase Orders. Client may issue a purchase order for its convenience only, it being agreed by the Parties that the terms and conditions of this Agreement shall control. Any terms or conditions included in a purchase order or similar document issued by Client that conflict with the terms and conditions o f this Agreement will not apply to or govern the transaction resulting from the purchase order, unless both Parties expressly agree in writing to the particular conflicting term or condition, in which event the agreed term or condition will apply only with respect to that particular purchase order.

7.9. Entire Agreement. This Agreement and its exhibits represent the entire understanding and agreement between TSL and Client, and supersedes all other negotiations, proposals, understandings and representatio ns (written or oral) made by and between TSL and Client.

Signature Page Immediately Follows

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Rev. R (Issued 10.02.2019)

IN WITNESS WHEREOF, the parties have executed this Agreement as of the last date set forth below.

TargetSolutions Learning, LLC Rocklin Fire Department (CA) 4890 W. Kennedy Blvd., Suite 300
Tampa, FL 33609
4080 Rocklin Road
Rocklin, CA 95677

By: \ \s2\ By: \ \s1\
Printed Name: Brandi Howe Printed Name:

Title: Director of Account Management Title:

Date: \ \d2\ Date: \ \d1\

DocuSign Envelope ID: 70A04544-FD5C-4BF0-9B48-14A3B5ABD069 Martin Holm
Battalion Chief
2/4/2020
2/4/2020
115
Quote ID
Q-179579

Contact Name
Jackelin Maguire

Page 1 ends

Public Sector SaaS Rev. U (Issued 02.02.2022)

Schedule A – New Schedule
This Contract Revision Form is hereby added to the Client Agreement signed 02/04/2020 between the Vector Solutions entity and the Client named below as of the Effective Date below. If the term of this Schedule extends beyond the Term of the Client Agreement, then the Client Agreement shall automatically continue in full force and effect beyond the stated Client Agreement Term for so long as any Schedule remains in force.

Date: Monday, April 11, 2022
Client Information
Client Name: Rocklin Fire Department (CA)
Address:
4080 Rocklin Road
Rocklin, CA 95677
Primary Contact Name:

Robert Molinaro
Primary Contact Phone:
(916) 625 - 5304
Agreement Term
Effective Date:
06/01/2022
Initial Term:
68 months
Invoicing Contact Information (Please fill in missing information) Billing Contact Name: Robert Molinaro
Billing Address:
4080 Rocklin Road
Rocklin, California 95677
Billing Phone:
(916) 625-5304
Billing Email:
[email protected]
PO#: Billing Frequency:

Annual
Payment
Terms:

Net 30

Prorated Fees 06/01/2022 - 02/27/2023
Product Code Product Name Description Qty Price Sub Total

TSCHECK-

FIRESTATIONS
Vector Check It -
Fire/EMS Stations
Vector Check It for web and
mobile (Fire/EMS Stations) 2 $186.75 $0.00

TSCHECKIT-

FIREVEHICLES
Vector Check It -
Fire/EMS Vehicles Support Vehicles 5 $111.75 $0.00

TSCHECKIT-

FIREVEHICLES
Vector Check It -
Fire/EMS Vehicles
Vector Check It for web and
mobile (Fire/EMS Vehicles) 10 $111.75 $0.00
TSCHECKIT-DS Vector Check It -
Drug Safes
Vector Check It for web and
mobile (Drug Safes) 6 $118.55 $711.30

TSPREMIER
Vector LMS,
TargetSolutions
Edition Premier
Membership
Training management for
public entities and
professionals
38 $53.33 $0.00
Grand Total: $711.30
116

Annual Fees 02/28/2023 - 02/27/2024 – Year 1
Product Code Product Name Description Qty Price Sub Total

TSCHECK-

FIRESTATIONS
Vector Check It -
Fire/EMS Stations
Vector Check It for web and
mobile (Fire/EMS Stations) 2 $272.09 $544.18

TSCHECKIT-

FIREVEHICLES
Vector Check It -
Fire/EMS Vehicles Support Vehicles 5 $162.82 $814.10

TSCHECKIT-

FIREVEHICLES
Vector Check It -
Fire/EMS Vehicles
Vector Check It for web and
mobile (Fire/EMS Vehicles) 10 $162.82 $1,628.20
TSCHECKIT-DS Vector Check It -
Drug Safes
Vector Check It for web and
mobile (Drug Safes) 6 $162.81 $976.86

TSPREMIER
Vector LMS,
TargetSolutions
Edition Premier
Membership
Training management for
public entities and
professionals
38 $80.00 $3,040.00

Annual Fees 02/28/2024 - 02/27/2025 – Year 2
Product Code Product Name Description Qty Price Sub Total

TSCHECK-

FIRESTATIONS
Vector Check It -
Fire/EMS Stations
Vector Check It for web and
mobile (Fire/EMS Stations) 2 $272.09 $544.18

TSCHECKIT-

FIREVEHICLES
Vector Check It -
Fire/EMS Vehicles Support Vehicles 5 $162.82 $814.10

TSCHECKIT-

TSPREMIER
Vector LMS,
TargetSolutions
Edition Premier
Membership
Training management for
public entities and
professionals
38 $80.00 $3,040.00

Annual Fees 02/28/2025 - 02/27/2026 – Year 3
Product Code Product Name Description Qty Price Sub Total

TSCHECK-

FIRESTATIONS
Vector Check It -
Fire/EMS Stations
Vector Check It for web and
mobile (Fire/EMS Stations) 2 $272.09 $544.18

TSCHECKIT-

FIREVEHICLES
Vector Check It -
Fire/EMS Vehicles Support Vehicles 5 $162.82 $814.10
Year 1 Grand Total: $7,003.34
Year 2 Grand Total: $7,003.34
117

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Public Sector SaaS Rev. U (Issued 02.02.2022)

TSCHECKIT-

TSPREMIER
Vector LMS,
TargetSolutions
Edition Premier
Membership
Training management for
public entities and
professionals
38 $80.00 $3,040.00

Annual Fees 02/28/2026 - 02/27/2027 – Year 4
Product Code Product Name Description Qty Price Sub Total

TSCHECK-

FIRESTATIONS
Vector Check It -
Fire/EMS Stations
Vector Check It for web and
mobile (Fire/EMS Stations) 2 $272.09 $544.18

TSCHECKIT-

FIREVEHICLES
Vector Check It -
Fire/EMS Vehicles Support Vehicles 5 $162.82 $814.10

TSCHECKIT-

TSPREMIER
Vector LMS,
TargetSolutions
Edition Premier
Membership
Training management for
public entities and
professionals
38 $80.00 $3,040.00

Annual Fees 02/28/2027 - 02/27/2028 – Year 5
Product Code Product Name Description Qty Price Sub Total

TSCHECK-

FIRESTATIONS
Vector Check It -
Fire/EMS Stations
Vector Check It for web and
mobile (Fire/EMS Stations) 2 $272.09 $544.18

TSCHECKIT-

FIREVEHICLES
Vector Check It -
Fire/EMS Vehicles Support Vehicles 5 $162.82 $814.10

TSCHECKIT-

TSPREMIER
Vector LMS,
TargetSolutions
Edition Premier
Membership
Training management for
public entities and
professionals
38 $80.00 $3,040.00

Year 3 Grand Total: $7,003.34
Year 4 Grand Total: $7,003.34
118

Additional Terms and Conditions.

The following are in addition to the Client Agreement General Terms and Conditions.

1. Additional Named Users added after the Effective Date will be invoiced at the full per Named User fee. Such additional Named Users shall become part of the Minimum Annual Commitment for subsequent years, on the anniversary date of each contract year or upon renewals under the Agreement.

2. You agree to pay for the number of Named Users using or licensed to access the Services in a given contract year. Subject to the Minimum Annual Commitment, Changes in Named User counts will be reflected in the annual contract amount from that period forward for all Users.

3. Subject to the above Minimum Annual Commitment, annual fees for your use of the Services will be based upon the number of Named Users in a given contract year.

4. Named Users deactivated in a given contract year will not count towards the total number of Named Users in the year following such deactivation, unless reactivated.

5. Fees, both during the Initial Term, as well as any Renewal Terms, shall be increased by 0.0% per contract year. Changes in Named User counts will be reflected in the annual contract amount from that period forward for all Users.

6. All undisputed invoices are due and payable Net 30 days after invoice date (“Due Date”). Any fees unpaid for more than 10 days past the Due Date shall bear interest at 1.5% per month or the highest applicable rate permitted by law.

7. AUTOMATIC RENEWAL. UNLESS OTHERWISE AGREED OR WHERE PROHIBITED BY APPLICABLE

LAW OR REGULATION, UPON EXPIRATION OF THE ABOVE INITIAL TERM, THIS AGREEMENT WILL RENEW FOR A RENEWAL TERM EQUAL TO THE INITIAL TERM AT VECTOR SOLUTIONS’ THEN

CURRENT FEES, UNLESS NOTICE IS GIVEN BY EITHER PARTY OF ITS INTENT TO TERMINATE THE AGREEMENT AT LEAST SIXTY (60) DAYS PRIOR TO THE SCHEDULED TERMINATION DATE.

Address for Notices:
4890 W. Kennedy Blvd., Suite 300
Tampa, FL 33609
4080 Rocklin Road
Rocklin, CA 95677

Year 5 Grand Total: $7,003.34
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Public Sector SaaS Rev. U (Issued 02.02.2022)

VECTOR SOLUTIONS PUBLIC SECTOR SOFTWARE AS A SERVICE AGREEMENT

This Vector Solutions Software as a Service Agreement (the “ Agreement”), effective as of the date noted in the attached Schedule A (the “Effective Date”), is by and between TargetSolutions Learning, LLC, d/b/a Vector Solutions , (“We/Us””) a Delaware limited liability company, and the undersigned customer (“You/Your”), (each a “ Party” or “ Parties) and governs the purchase and ongoing use of the Services described in this Agreement.

GENERAL TERMS AND CONDITIONS

1. SERVICES. We shall provide the following Software as a Service (“Services”):

1.1. Access and Use. We grant You a non-exclusive, non-transferable revocable authorization to remotely access and use the software as a service offering identified in Schedule A (the “Services”) and, unless prohibited by law, We will provide access to any persons You designate for use as described in these terms and conditions. For clarification, We authorize access and use on a “one user per one authorization basis” and once granted, You are not allowed to transfer authorizations to other users.

Your ability to use the Services may be affected by minimum system requirements or other factors, such as Your Internet connection.

1.2. Availability. We will use commercially reasonable efforts to provide access to and use of the Services twenty-four (24) hours a day, seven (7) days a week, subject to scheduled downtime for routine maintenance, emergency maintenance, system outages, and other outages beyond our control.

1.3. Help Desk. We will assist You as needed on issues relating to usage via e-mail, and a toll-free Help Desk five (5) days per week, at scheduled hours , currently 8:00am to 6:00 pm Eastern Time, Monday -Friday or https://support.vectorsolutions.com/s/contactsupport

1.4. Upgrades and Updates . We reserve the right, in our discretion, to make updates or upgrades to the Services that are necessary or useful to: (a) maintain or enhance: (i) the quality or delivery of the Services; (ii) the competitive strength of or market for the Services; or (iii) the Services’ cost efficiency or performance; or (b) to comply with applicable law. For no additional charge, You will receive access to any general upgrades and updates to the Services which We make generally available to our other customers. All updates and upgrades to the Services are subject to these terms and conditions.

1.5 Additional Services. From time to time, the Parties may decide in their discretion to add additional Services, subject to the Parties’ execution of one or more change forms which shall be substantially in the form of the Schedule A and shall incorporate these terms and conditions by reference. Each individual Schedule A shall have its own service term.

2. YOUR RESPONSIBILITIES AND USE RESTRICTIONS.

2.1. Compliance. You shall be responsible for all Users’ compliance with this Agreement and shall use commercially reasonable efforts to prevent unauthorized access to or use of the Services . You shall comply with all applicable laws, standards, and regulations and will not use the Services in a manner not specified or permitted by Us.

2.2. Identify Named Users. A “Named User” is defined as Your employees, consultants, contractors, and agents You authorize to access and use the Services You are purchasing during each contract year (“Term”) of the Agreement.

2.2.1. You will be responsible for the following: (a) cause each of Your Named Users to complete a unique profile if not created by Vector Solutions on their behalf; and ( b) timely maintain a user database by adding a unique profile for each new Named User. Due to licensing and data retention requirements, Named Users may not be removed from our system unless required by law. You will be responsible for identifying Named Users from time to time during the Term of this Agreement through available system capabilities.

2.3. Future Functionality. You agree that Your purchases are not contingent on Our delivery of any future functionality or features. You are not relying on any comments regarding future functionality or features.

3. FEES AND PAYMENTS.

3.1. Fees and Payment. You will pay for the Services in accordance with the payment terms, frequency, and fee schedule in Schedule A attached to this Agreement. All fees collected by Us under this Agreement are ful ly earned when due and nonrefundable when paid, except if You terminate this Agreement for cause as described in Section 5.2.

3.2. Due Date. All fees due under this Agreement must be paid in United States Dollars or Canadian Dollars or as specified in Schedule A as applicable to Your location. We will invoice You in advance and all undisputed invoices are due and payable on the due date specified in Schedule A.

3.3. Suspension of Service. If You do not make an undisputed payment on time, We may suspend Your or Your Named Users’ access to the Services without further notice until all overdue payments are paid in full. Our suspension of Your use of the 120

Services or termination of the Agreement for Your violation of the terms of this Agreement will not change Your obligation to pay any and all payments due for the applicable Term.

3.3.1. We may also suspend, terminate, or otherwise deny Your access or any Named User’s access to or use of all or any part of the Services, with out incurring any liability to You, if: (a) We receive a judicial or other governmental demand or order, subpoena, or law enforcement request that expressly or by reasonable implication requires Us to do so; or (b) We believe, in good faith and reasonable discretion, that: (i) You or any Named User , have failed to comply with any term of this Agreement, or accessed or used the Services beyond the scope of the rights granted, or for a purpose not authorized under this Agreement; or (ii) Your use of the Services causes a direct or indirect threat to our network function or integrity , or to Our other customers' ability to access and use the Services; or (iii) You or any Named User, are or have been involved in any fraudulent, misleading, or unlawful activities relating to or in connection with any of the Services; or (iv) this Agreement expires or is terminated. This Section 3.3 does not limit any of Our other rights or remedies under this Agreement.

3.4. Taxes. All fees under this Agreement exclude all sales, use, value-added taxes, and other taxes and government charges, whether Federal, State, or foreign, and You will be responsible for payment of all such taxes (other than taxes based on our income), fees, duties, and charges, and any related penalties and interest, arising from the payment of any and all fees under this Agreement including the access to or performance of the Services hereunder. If We have a legal obligation to pay or collect taxes for which You are responsible under the Agreement, then then We will invoice, and You will pay the appropriate amount unless You claim tax exempt status for amounts due under this Agreement and provide Us with a valid tax exemption certificate (authorized by the applicable governmental authority) promptly upon execution of this Agreement. If any taxes shall be required by law to be deducted or withheld from any fee payable hereunder by You to Us, You shall, after making the required deduction or withholding, increase such fee payable as may be necessary to ensure that We shall receive an amount equal to the fee We would have received had no such deduction or withholding been made.

4. INTELLECTUAL PROPERTY RIGHTS.

4.1. We alone (and our licensors, where applicable) shall own all rights, title, and interest in and to our software, websit e and technology, the course content (if any), and the Services We provide, including all documentation associated with the Services.

If You provide any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by You (collectively “Feedback”), We may use such Feedback to improve the Services without charge, royalties, or other obligation to You, and Our use of Your Feedback does not give You any property rights to the Services.

The Vector Solutions name and logo are trademarks of Vector Solutions, and no right or license is granted to You to use them.

You shall own all rights, title, and in terest in and to Your added software, Your content, and information collected from Your content pages (“ Your Data”). You shall have no rights in or to any other data collected that is not affiliated with You. Your content, email addresses, and personal information of Your Named Users or Your EHS Active Employees You entered into the database, or any of Your customers or users is Your sole property. We will not, at any time, redistribute, share, or sell any of Your email addresses, email server domain names, customer names, or personal information. Course content that You purchase from third-party course providers and access through our LMS will require the sharing of certain user information with Us in order for Us to properly track and report usage.

4.2. You recognize that We regard the software We have developed to deliver the Services as our proprietary information and as confidential trade secrets of great value. You agree not to provide or to otherwise make available in any form the software or Services, or any portion thereof, to any person other than Your Named Users without our prior written consent. You further agree to treat the Services with at least the same degree of care with which You treat Your own confidential information and in no event with less care than is reasonably required to protect the confidentiality of the Services.

4.2.1 Except as otherwise agreed in writing or to the extent necessary for You to use the Se rvices in accordance with this Agreement, You are not allowed to: (a) copy the course content in whole or in part; (b) display, reproduce, create derivative works from, transmit, sell, distribute, rent, lease, sublicense, transfer or in any way exploit the course content in whole or in part; (c) embed the course content into other products; (d) use any of our trademarks, service marks, domain names, logos, or other identifiers or any of our third party suppliers; (e) reverse engineer, decompile, disassemble, or access the source code of any of our Services or software, (f) use the software or Services for any purpose that is unlawful; (g) alter or tamper with the Services and/or associated documentation in any way; (h) attempt to defeat any security measures that We may take to protect the confidentiality and proprietary nature of the Services; (i) remove, obscure, conceal, or alter any marking or notice of proprietary rights that may appear on or in the Services and/or associated documentation; or (j) except as permitted by this Agreement, knowingly allow any individual or entity under Your control to access Services without authorization under this Agreement for such access.

4.3. We acknowledge that You alone shall own all rights, title, and interest in and to Your name, trademarks, or logos, and this Agreement does not give Us any rights of ownership to the same. You hereby authorize Us to use Your name, trademarks, or logos in promotional materials, press releases, advertising, or in other publications or websites, whether oral or wr itten. If You do not consent to Our use of Your name or logo, You may withdraw Your consent at any time by notifying Us at [email protected].

5. TERM, TERMINATION, AND NOTICE.

5.1 Term. The term of this Agreement will start on the Effective Date, and will remain in full force and effect for the initial term (the “Initial Term”) indicated in Schedule A. Upon expiration or early termination of this Agreement by either Party as described 121

Page 7 ends

Public Sector SaaS Rev. U (Issued 02.02.2022)

below in Section 5.2 (Termination for Cause) or for any reason, You shall immediately discontinue all use of the Services and documentation, and You acknowledge that We will terminate Your ability to access the Services. Notwithstanding, access to the Services may remain active for thirty (30) days solely for purpose of our record keeping (the “ Expiration Period”). If You continue to access or use the Services following the Expiration Period, then Your continued use will renew the Agreement under the same terms and conditions, subject to any annual price adjustments.

5.2 Termination for Cause . Either Party may terminate this Agreement, effective upon written notice to the other Party (the “Defaulting Party”), if the Defaulting Party materially breaches this Agreement, and that breach is incapable of cure, or with respect to a material breach capable of cure, and the Defaulting Party does not cure the breach within thirty (30) days after receipt of written notice of the breach. If You terminate this Agreement due to Our material breach, then We will return an amount equal to the pro-rated fees already paid for the balance of the term as of the date of termination as Your only remedy.

5.3. Notice. All required notices by either Party shall be given by email, personal delivery (including reputable courier service), fees prepaid, or by sending the notice by registered or certified mail return receipt requested, postage prepaid, and addressed as set forth in Schedule A. Such notices shall be deemed to have been given and delivered upon receipt or attempted delivery (if receipt is refused), as the case may be, and the date of receipt identified by the applicable postal service on any return receipt card shall be conclusive evidence of receipt. Notices and other communications sent by e-mail shall be deemed received upon the sender's receipt of an acknowledgment from the recipient (such as by the "return receipt requested" function, as availabl e, return e-mail or other written acknowledgment ). Either Party, by written notice to the other as described above, may alter its address for written notices.

6. MUTUAL WARRANTIES AND DISCLAIMER.

6.1. Mutual Representations and Warranties. Each Party represents and warrants to the other Party that: (a) it is duly organized, validly existing, and in good standing as a corporation or other entity under the Laws of the jurisdiction of its incorporation or other organization; (b) it has the f ull right, power, and authority to enter into and perform its obligations and grant the rights, licenses, consents, and authorizations it grants or is required to grant under this Agreement; (c) the acceptance of this Agreement has been duly authorized by all necessary corporate or organizational action ; and (d) when executed and delivered by both Parties, this Agreement will constitute the legal, valid, and binding obligation of each Party, enforceable against each Party in accordance with its terms.

6.2. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTIES OF ANY

KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF

MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTE NT PERMITTED BY APPLICABLE LAW. WE DO NOT WARRANT THAT THE USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE SERVICES AND ASSOCIATED DOCUMENTATION ARE PROVIDED “AS IS,” AND WE PROVIDE NO OTHER

EXPRESS, IMPLIED, STATUTORY, OR OTHER WARRANTIES RE GARDING THE SERVICES OR ASSOCIATED DOCUMENTATION.

6.3. Disclaimer of Third -Party Content. If You upload third-party content to our platform or Services, the third- party content providers are responsible for ensuring their content is accurate and compliant with national and international laws. We are not and shall not be held responsible or liable for any third-party content You provide or Your use of that third-party content. THERE

IS NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THIRD PARTY CONTENT ACCESSIBLE THROUGH THE SERVICES.

6.4 None of our employees , marketing partners, resellers, or agents are authorized to make any warranty other than the Warranties stated in this Agreement. The provisions in any specification, brochure, or chart are descriptive only and are no t warranties.

7. LIMITATION OF LIABILITY. EXCEPT FOR CLAIMS RELATED TO VIOLATION OF INTELLECTUAL PROPERTY RIGHTS,

GROSS NEGLIGENCE, FRAUD, OR WILFULL MISCONDUCT, (A) IN NO EVENT SHALL EITHER PARTY BE LIABLE TO

THE OTHER PARTY, ANY AFFILIATE, THIRD-PARTY, OR YOUR USERS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, AND (B) IF YOU HAVE

ANY BASIS FOR RECOVERING DAMAGES (INCLUDING FOR BREACH OF THIS AGREEMENT), YOU AGREE THAT YOUR

EXCLUSIVE REMEDY WILL BE TO RECOVER DIRECT DAMAGES FROM US, UP TO AN AMOUNT EQUAL TO THE TOTAL FEES ALREADY PAID TO US FOR THE PRECEDING TWELVE (12) MONTHS.

7.1.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHATEVER THE LEGAL BASIS FOR THE CLAIM,

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU, ANY AFFILIATE, ANY THIRD PARTY OR YOUR USERS

FOR ANY CLAIM, CAUSE OF ACTION, DEMAND, LIABILITY, DAMAGES, AWARDS, FINES, OR OTHERWISE, ARISING

OUT OF OR RELATING TO PERSONAL INJURY, DEATH, OR OTHER HARM CAUSED FROM USE OF OR RELIANCE ON THE CONTENT OF THE COURSES OR SERVICES. YOU, YOUR AFFILIATES, EMPLOYEES, CONTRACTORS, AGENTS, USERS, AND REPRESENTATIVES RELY ON THE CONTENT OF THE COURSES AND SERVICES AT YOUR OWN RISK.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES SO,

SOLELY TO THE EXTENT SUCH LAW APPLIES TO YOU, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
122

8. OBLIGATIONS OF BOTH PARTIES.

8.1. Our Obligation to You. We shall indemnify and hold You harmless from any and all claims, damages, losses, and expenses, including but not limited to reasonable attorney fees, arising out of or resulting from any third -party claim that any document, course, or intellectual property We provide or upload to our platform infringes or violates any intellectual property right of any person.

8.2. Your Obligation to Us. To the extent not prohibited by applicable law, You shall indemnify and hold Us harmless from any and all claims, damages, losses, and expenses, including but not limited to reasonable attorney fees, arising out of or resulting from any third-party claim that any document, courses, or intellectual property You provide or upload to our platform infringes or violates any intellectual property right of any person.

9. CONFIDENTIALITY.

9.1. Each Party may from time to time disclose to the other Party “Confidential Information” which shall mean and include the Services (including without limitation all courses accessed through the Services), all documentation associated with the Services, software code (include source and object code), marketing plans, technical information, product development plans, research, trade secrets, know-how, ideas, designs, drawings, specifications, techniques, programs, systems, and processes.

9.2. Confidential Information does not include: (a) information generally available to or known to the public through no faul t of the receivin g Party; (b) information known to the recipient prior to the Effective Date of the Agreement; (c) information independently developed by the recipient outside the scope of this Agreement and without the use of or reliance on the disclosing Party’s Confidential Information; or (d) information lawfully disclosed by a third party. The obligations set forth in this Section shall survive termination of this Agreement.

9.3. Each Party agrees that it shall not disclose the Confidential Information of the other to any third party without the express written consent of the other Party, that it shall take reasonable measures to prevent any unauthorized disclosure by its employees, agents, contrac tors or consultants, that it shall not make use of any such Confidential Information other than for performance of this Agreement, and that it shall use at least the same degree of care to avoid disclosure of Confidential Information as it uses with respect to its own Confidential Information.

9.4. The confidentiality obligations imposed by this Agreement shall not apply to information required to be disclosed by compulsory judicial or administrative process or by law or regulation, provided that the receiving Party shall (if permitted) notify the disclosing Party of the required disclosure, shall use reasonable measures to protect the confidentiality of the Confiden tial Information disclosed, and shall only disclose as much Confidential Information as is re quired to be disclosed by the judicial or administrative process, law, or regulation.

10. MISCELLANEOUS.

10.1. Assignment. Neither Party may freely assign or transfer any or all of its rights without the other Party’s consent, except to an affiliate, or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, provided however You shall not assign this Agreement to our direct competitors.

10.2. Governing Law. This Agreement shall be governed by, and enforced in accordance with, the laws of the state of Florida, except where Customer is a public entity or institution in which case the applicable state, provincial, or tribal law where You are located shall govern, in either case without regard to the state’s or local laws conflicts of laws provisions. If You are purchasing goods under this Agreement, t he Parties agree that the United Nations Convention on Contracts for the International Sale of Goods and the Uni ted Nations Convention on the Limitation Period in the International Sale of Goods shall not apply to this Agreement. EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY ACTION ARISING HEREUNDER.

10.3. Export Regulations. All Content and Services and technical data delivered under this Agreement are subject to applicable US and Canadian laws and may be subject to export and import regulations in other countries. Both Parties agree to comply strictly with all such laws and regulations and You knowledge that You are responsible for obtaining such licenses to export, re- export, or import as may be required after delivery.

10.4. Force Majeure. In no event will either Party be liable or responsible to the other Party or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, (except for any obligations to make payments) when and to the extent such failure or delay in performing is due to, or arising out of, any circumstances beyond such Party’s control (a “ Force Majeure Event ”), including, without limitation, acts of God, strikes, lockouts, war, riots, lightning, fire, storm, flood, explosion, interruption or delay in power supply, computer virus, governmental laws, regulations, or shutdown, national or regional shortage of adequate power or telecommunications, or other restraints.

10.5. No Waiver. No waiver, amendment or modification of this Agreement shall be effective unless in writing and signed by the Parties.

10.6. Severability. If any provision of this Agreement is found to be contrary to law by a court of competent jurisdiction, such provision shall be of no force or effect, but the remainder of this Agreement shall continue in full force and effect. 123

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10.7. Survival. All provisions of this Agreement (including without limitation those pertaining to confidential information, intellectual pr operty ownership, and limitations of liability) that would reasonably be expected to survive expiration or early termination of this Agreement will do so.

10.8. No Third -Party Beneficiaries . The Parties do not intend to confer any right or remedy on any third party under this Agreement.

10.9. Purchase Orders. You may issue a purchase order if required by Your company or entity and failure to do so does not cancel any obligation You have to Us. If You do issue a purchase order, it will be for Your convenience only. You agree that the terms and conditions of this Agreement shall control. Any terms or conditions included in a purchase order or similar document You issue that conflict with the terms and conditions of this Agreement will not apply to or govern the transaction resulting from Your purchase order.

10.10. Data Processing Agreement . If applicable, the parties shall nego tiate in good faith and enter into any further data processing or transfer agreement, including any standard contractual clauses for transfers of data outside of the country where the personal data originates, as may be required to comply with applicable laws, rules and regulations regarding the collection, storage, transfer, use, retention and other processing of personal data.

10.11. Entire Agreement. This Agreement and Schedule A represent the entire understanding and agreement between the Parties, and supersedes all other negotiations, proposals, understandings, and representations (written or oral) made by and between You and Us. You acknowledge and agree that the terms of this Agreement are incorporated in, and are a part of, each purchase order, change order, or Schedule related to our provision of Services. This Agreement prevails over any additional or conflicting terms or conditions in any Customer purchase orders, online procurement terms, or other non -negotiated forms relating to the Services or this Agreement hereto even if dated later than the effective date of this Agreement.

SPECIAL TERMS AND CONDITIONS

CALIFORNIA CONSUMER PRIVACY ACT

If We will be processing personal information subject to the California Consumer Privacy Act, sections 1798.100 to 1798.199, Cal. Civ. Code (2018) as may be amended as well as all regulations promulgated thereunder from time to time (“CCPA”), on Your behalf in the course of the performance of the Services, then the terms “Cali fornia consumer,” “business purpose,” “service provider,” “sell” and “personal information” shall carry the meanings set forth in the CCPA.

CCPA Disclosures : To the extent the CCPA applies to our processing of any personal information pursuant to Your instructions in relation to this Agreement, the following also apply: (a) The Parties have read and understand the provisions and requirements of the CCPA and shall comply with them; (b) It is the intent of the Parties that the sharing or transferring of personal information of California consumers from You to Us, during the course of our performance of this Agreement, does not constitute selling of personal information as that term is defined in the CCPA, because You are not sharing or transferring such data to Us for valuable consideration; (c) We will only use personal information for the specific purpose(s) of performing the Services, including any Schedules within the direct business relationship with You.

SERVICE SPECIFIC TERMS AND CONDITIONS

A. Vector EHS Management Services

A. This Section A contains service specific terms and conditions that will apply only if You are purchasing Vector EHS Management Services (“EHS Services”) in Schedule A. Otherwise, the following terms will not apply to You.

1. An “EHS Active Employee” is defined as Your employees, consultants, contractors, and agents who are contained in the Vector EHS employee and contractor table with an active status. An employee may or may not be a Named User. For EHS Services, You are allowed a Named User for each EHS Active Employee.

2. You will be able to activate or disable employees without incurring additional EHS Active Employee fees as long as the total number of EHS Active Employees does not exceed the number of employees included in Scheduled A.

3. EHS Active Employees added after the Effective Date in Schedule A shall be billed at the full per employee fee. Such additional EHS Active Employees shall become part of the Minimum Annual Commitment for subsequent years, on the anniversary date of each contract year or upon renewals under the Agreement.

4. You agree to pay for the number of EHS Active Employees in the EHS Services in a given contract year.

5. Subject to the Minimum Annual Commitment, if any, set forth in Schedule A, annual fees for Your u se of the Services will be based upon the actual number of EHS Active Employees in a given contract year. Employees inactivated in a given contract year will not count towards the total number of employees in the year following such inactivation, unless reactivated.

6. You acknowledge that certain transmissions You receive as part of the EHS Services may contain sensitive personal information that You have provided. You understand that We do not control or own the data contained in such transmissions. 124

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As s uch, You will be responsible for ensuring that the information is secured and preventing the transmission and/or disclosure of such information to unauthorized recipient(s). In the event such information is disclosed to an unauthorized recipient(s), You shall be responsible for notifying Your EHS Active Employee(s) whose information may have been disclosed to the extent required by law. Both Parties further agree to handle such data in compliance with any applicable Federal, State, or local laws or regul ations. You shall also be responsible for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any of Your EHS Active Employees when using the Services. To the extent not prohibited by applicable law, You shall indemnify, defend, and hold Us harmless against any claims that may arise as a result of these matters. With respect to Your use of the EHS Services, You acknowledge that We are not a covered entity or business associate under HIPAA.

B. Vector WorkSafe Services and Vector LiveSafe Services This Section B. contains service specific terms and conditions that will apply only if You are purchasing Vector WorkSafe Services or Vector LiveSafe Services (collectively “LiveSafe Services”) in Schedule A. Otherwise, the following terms will not apply to You.

1. Authorized Users. Authorized Users (interchangeably may be referred to as “Named Users” means the employees, contractors and/or consultants under Your control who You authorized to operate the LiveSafe Services .

2. Your Responsibilities. You shall: (i) not permit any person or entity, other than designated Authorized Users, to access the LiveSafe Services; (ii) use commercially reasonable efforts to prevent unauthorized access to or use of the LiveSafe Services, (iii) provide prompt written notice of any unauthorized access or use; and (iv) instruct Authorized Users to comply with all applicable terms of this Agreement.

3. Your Data. You agree that We may only use data collected, extracted or received through Your use of the Services (“Your Data”) in an anonymized and aggregated manner (without specifically identifying You, Your users or Your location(s)) for the sole purpose of reporting LiveSafe Services metrics, training and education about the LiveSafe Services, and improving the LiveSafe Services (except as may be required by law, court order, or as needed to provide the Services to You). Your Data shall not include any information collected, extracted, or received in response to the WorkSafe Integrate d Health Survey.

Within thirty (30) business days following Your written request, and not more than four (4) times per year or upon termination of this Agreement, We will provide to You a backup copy of Your Data in Our possession.

C. Vector Evaluations+ Services.

This Section C. contains service specific terms and conditions that will apply only if You are purchasing Vector Evaluations+ Software as a Service in Schedule A. Otherwise, the following terms will not apply to You.

1. Access and Use. We will provide You a nonexclusive, non -transferable, revocable authorization to remotely access and use the Vector Evaluations+ Software as a Service: (i) on Our application server over the Internet, (ii) transmit data related to Your use of the Service over the Internet, and (iii) download and use the Evals + mobile device application software (referred to collectively as “Evals+ Services”). We will provide accounts for Your users on the application server for storage of data and use of the Service. The number of Named Users, start of service, and duration, are as stated in Schedule A.

2. If Your active user accounts exceed the number of Named Users during the term of this Agreement, You agree to pay for the additional Users, based on the per User fees in Schedule A. Adjusted fees will apply beginning on the month the number of Named Users are exceeded and will be prorated for the remainder of the current 12 -month period. You agree to pay for the number of Users using or authorized to access the Services in a given contract year.

3. Your Content. You will be the owner of all content created and posted by You. You will also be the owner of all content created and posted by Us on Your behalf, including but not limited to evaluation forms added to the system as part of support services We provide.

4. Third-Party Content. You are responsible for proper licensing of, and assuming liability for, copyrighted material which You post on Our system, or is posted on the system by Us on Your behalf. This includes but i s not limited to copyright protected evaluation forms and other materials from third parties. If You upload third -party content to Our platform, such third -party content providers are responsible for ensuring their content is accurate and compliant with national and international laws.

5. Effect of Termination. You will have thirty (30) days after the effective date of termination or expiration of this Agreement to export Your data using the software tools provided, or to request Your data from Us. Form data will be available as exported comma separated variable (CSV) files and as PDF files. Uploaded data files will be available in their original format. Afte r the thirty (30) day period, We have no obligation to maintain or provide data and may thereaft er delete or destroy all copies of the Your data, unless legally prohibited.

D. Vector CheckIT™.

Customer Obligations. When purchasing Vector CheckIT™, You will identify stations, vehicles, drug safes, and other service specific details, as may be applicable.

E. Vector LMS and Services which include access to the Shared Resource Feature. 125
4/25/2022
126
City Council
Staff Report

Subject:

Sun Ridge Systems Inc. Software Services Agreement
Date:

August 27, 2024
Submitted By:

Myra Salazar, Manager of Records/Communication
Rustin Banks, Chief
Department:

Police
Recommendation:

Background:

In 1985 the Police Department purchased a newly developed records information management software package from Sun Ridge Systems, Inc. (Sun Ridge) knowns as “RIMS” and has continued to be under contract with Sun Ridge to provide support services including software upgrades, updates, patches, integration services with other software and agencies, and Department of Justice compliance.

Sun Ridge’s Records Information Management System (RIMS) is an integrated public safety software package with expanded and customizable solutions in computer-aided dispatch, records management, and field applications for both the Police and Fire Departments. RIMS connects several other specialized key software applications used by Rocklin including LensLock, ImageTrend, SIRE, and ProQA. In addition, RIMS is interconnected with data sharing capabilities with surrounding agencies who also utilize Sun Ridge for their computer- aided dispatch.

RIMS is the core computer system of the City of Rocklin public safety departments, as well as the two agencies that Rocklin hosts on our RIMS platform, City of Auburn and City of Lincoln.

Rocklin Municipal Code Chapter 3.04.100(B) states the maximum term of a contract shall be three years unless a longer initial term or renewal term is approved by the City Council.

Rocklin Municipal Code Chapter 3.04.090(E) states the solicitation and competitive processes identified in Sections 3.04.050, 3.04.070 and 3.04.080 shall not apply when the purchase is for (1) specialized technology product or service if approved by the City Council.

Item Number 9

127

Upon review of the contract with Sun Ridge Systems, Inc., it has been identified as a contract that should continue to automatically renew annually and without engaging in the formal sealed bidding process until such time is determined by the Police and Fire Departments. City Council approval of of the staff recommendation would allow seamless utilization of these critical support services for the Police and Fire Departments and continue to provide the community with the best service. The Police Department will continue to manage the agreement and review the services and pricing with competitors in the open market to determine when it would be appropriate to formally re-bid for a replacement software system.

Fiscal Impact:

There is no additional fiscal impact to the General Fund from the staff recommendation. The contract cost of $50,657 is included in the Fiscal Year 2024/25 Operating Budget in the General Fund (100).

ATTACHMENTS:

1. Resolution

2. Resolution Exhibit A - Sun Ridge Systems Software Support Services Agreement 128
RESOLUTION NO. 2024-

ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

APPROVING AN EVERGREEN AGREEMENT FOR SOFTWARE SUPPORT
SERVICES WITH SUN RIDGE SYSTEMS, INC. AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT AND AMENDMENTS
WHEREAS, the City of Rocklin Police Department purchased a records management software package (RIMS) in 1985 from Sun Ridge Systems, Inc. (Sun Ridge) to provide computer-aided dispatch and records management; and WHEREAS, the Police Department has continued to utilize the RIMS software system with periodic upgrades and updates and the most recent Agreement with Sun Ridge for Software Support Services has expired as of June 30, 2024; and
WHEREAS, the maximum term allowed under the Rocklin Municipal Code Chapter 3.04.070(I) for a contract is three years, unless otherwise approved by the City Council for good cause; and
WHEREAS, good cause exists to approve the Agreement for Software Support Services with Sun Ridge, which is attached and incorporated hereto as Exhibit A (the Agreement), for a longer term than three years to allow seamless utilization of critical public safety services provided through a complex computer software package, RIMS, for the public safety departments; and WHEREAS, formal sealed bids are required for goods or services purchased greater than $50,000 under the Rocklin Municipal Code Chapter Sections 3.04.050, 3.04.070 and 3.04.080 unless otherwise approved by the City Council as an exception; and
WHEREAS, an exception to the requirement to competitively bid the contract exists under Rocklin Municipal Code Chapter 3.04.090(E), which states that competitive bidding is not required when it would be impossible or not in the public interest with respect to the purchase for specialized technology product or service; and
WHEREAS, staff recommends that the City Council authorize the City Manager to sign the Agreement and additionally, authorize the City Manager to approve and sign future amendments up to a maximum of an additional $25,000 annually, provided that the amendments are approved as to form by the City Attorney.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rocklin as follows:
129
Section 1. Each Recital is true and correct and is hereby incorporated by reference.

Section 2. The City Council approves the evergreen Software Support Services Agreement with Sun Ridge Systems, Inc. in the form attached and incorporated hereto as Exhibit A.

Section 3. The City Council authorizes the City Manager to execute the evergreen Agreement and subsequent minor amendments up to a maximum of an additional $25,000 annually, provided that the amendment is consistent with the Agreement’s subject matter and scope of work, Rocklin Municipal Code, and that the City Attorney approves the amendment as to form.

PASSED AND ADOPTED this 27th day of August, 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
_______________________________
Greg Janda, Mayor
ATTEST:
______________________________
Avinta Singh, City Clerk
130
Sun Ridge Systems Software Support Services Agreement

This is a description of the software support, maintenance, and update/upgrade services to be provided by Sun Ridge Systems, Inc. (“SRS”) to the City of Rocklin, CA (“Licensee”) as part of a Software Support Services Agreement (“Agreement”). This Agreement covers all RIMS public safety software (Software) licensed by the Licensee and is effective on July 1, 2024.

Under this agreement SRS agrees to provide the following services to Licensee:

1. Coverage Hours. SRS will provide a toll-free phone number and dedicated email address for support purposes during normal service hours. Normal service hours are defined as Monday-Friday, 8AM-5PM PST, except for New Year’s Day, Martin Luther King Day, Presidents Day, Memorial Day, July 4th, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, and Christmas Day (“common holidays”).

However, for instances where the Licensee’s system is completely inoperable due to an SRS software problem (“critical problems”) preventing basic system operation, service will be available 24 hours, 7 days a week, common holidays included. Examples of critical problems include:

- RIMS is down/not responding on multiple workstations - Cannot create a call for service (CAD Incident)
- Cannot issue a case number
- Unable to access NCIC
- Other issues that will not allow the user to complete critical tasks

Licensee will have taken reasonable measures prior to contacting SRS support during non-service hours including:

- Verified that the issue is not related to just 1 workstation - Restarted the workstation in question
- Contacted in-house IT support if the issue is related to network or server errors - Verified the issue is critical enough that it cannot wait until normal support hours

2. SRS Response to reported problems. SRS agrees to provide service and assistance as expeditiously as possible as follows:

a. Most problems will be resolved with the initial phone call or email. b. For problems that cannot be immediately resolved, SRS will work to resolve the problem based on the severity of the problem and the urgency reported by Licensee.

● For critical problems, SRS personnel will work with Licensee until the situation is resolved.

● For problems that are not critical problems that have a lesser though continuing impact on operations of Licensee SRS will endeavor to provide a solution or workaround within 72 hours of the problem being reported to SRS by the Licensee.
● For other problems SRS may, at its discretion, either issue a near term "fix release" of the product or include the fix in the next scheduled product update.

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3. Licensee equipment and software responsibilities. Licensee agrees to allow SRS to remotely connect to Licensee’s system when a problem is reported. SRS uses BeyondTrust remote access software for secure installation and follow-on support services. BeyondTrust software provides superior security and does so over an ordinary internet connection via an SRS server that hosts a BeyondTrust security hardware device.

If Licensee does not allow unattended access, the SRS response to a service request may be delayed until a responsible party of the Licensee allows access. Once remote access is obtained, SRS will examine data files, investigate reported problems, and provide updates and corrections as necessary.

4. Provision of software updates. SRS will provide all new enhanced and updated versions of software licensed to Licensee at no additional cost. This software will be provided with detailed installation instructions for installation by Licensee. If desired, Licensee may retain SRS to perform any installation at additional cost to be determined on a per case basis. Updates are distributed via download from the SRS ftp web site. SRS will not be obligated to provide service for release versions that are more than two annual release versions older than the current release.

5. Cost. The cost of the services and software to be provided under this Agreement in the amount of $50,657.00.

6. Late Payment. In addition to any other amounts for which Licensee is liable under this Agreement, Licensee agrees to pay to SRS a late charge equal to one percent (1%) of the amount due if Licensee fails to pay SRS any amount that is due and owing pursuant to this Agreement within sixty (60) days after Licensee’s receipt of an invoice from SRS or (60) days after the expiration of the previous Agreement, whichever comes later. In addition, any invoiced amounts that are due and owing under this Agreement which Licensee fails to pay to SRS within ninety (90) days after Licensee’s receipt of an invoice from SRS shall thereafter bear interest at the rate of twelve percent (12%) per annum or the highest interest rate allowed by applicable law, whichever is less.

7. Term. The term of this Agreement shall be one year from the date stated in the initial paragraph and shall be annually renewed for another year upon payment of invoice. Payment for the year is due in advance the day the services begin. Non-payment of the support invoice within 60 days as described in Section 6 shall be cause for terminating or suspending the Agreement at the discretion of SRS.

8. Termination. Licensee may terminate this Agreement with or without cause upon ninety (90) days written notice to SRS. If terminated, Licensee is entitled to a prorated refund for the service days not consumed beginning on the last day of the month the written notice is received by SRS to the end of the remaining term of the Agreement.

9. Limitations. SRS agrees to provide support only for public safety application software provided by SRS. Other software used by Licensee (word processing, spreadsheet, etc.) is not included in this Agreement. PC and network operating system software and Microsoft SQL Server database system software is similarly not included, although SRS may assist Licensee in isolating problems to this software. (SRS reserves the right to charge for diagnostic services in the event it is determined that 132
the reported issue is not attributable to RIMS.) Also specifically excluded is responsibility for administration, support, or maintenance of Licensee’ server, computer network, operating systems, or database (Microsoft SQL Server).

Licensee may request that SRS provide support services outside the limitations of this Support Services Agreement. If SRS agrees to provide any requested additional support services, such support services will be provided at SRS’s current rate and under terms and conditions that SRS may require.

This Agreement does not include equipment maintenance or assistance in diagnosing hardware problems including but not limited to PCs, printers, network, scanners , and other computer peripheral devices with the exception that SRS will assist Licensee in determining whether a problem is RIMS application software in nature.

133
City Council
Staff Report

Subject:

Rock Baseball Training Facility / Conditional Use Permit, U2024-0003 and Environmental, ENV2024-0006
Date:

August 27, 2024
Submitted By:

Nathan Anderson, Senior Planner
David Mohlenbrok, Director of Community Development
Department:

Community Development
Recommendation:

Conduct a Public Hearing and Consider the Following Actions:

A
.

Adopt a Resolution of the City Council of the City of Rocklin Approving a Notice of
Exemption (Rock Baseball Training Facility / U2024-0003 and ENV2024-0006).

B
.

Adopt a Resolution of the City Council of the City of Rocklin Approving a Conditional Use
Permit for a Privately Operated Recreational Training Facility (Rock Baseball Training Facility / U2024-0003).

Background:

The staff report for this item is included as Attachment 1 in order to maintain the integrity of the formatting.

Item Number 1

ATTACHMENTS:

1. Staff Report - Rock Baseball Training Facility

2. Resolution A - Notice Of Exemption - Rock Baseball Training Facility

3. Resolution B - Conditional Use Permit - Rock Baseball Training Facility

4. Resolution B - Exhibit A

5. Resolution B - Exhibit B
134
City Council
Staff Report
_________________________________________________________________________________ Subject: Rock Baseball Training Facility
Conditional Use Permit, U2024-0003
Environmental, ENV2024-0006
Date: August 27, 2024
Submitted By: Nathan Anderson, Senior Planner
David Mohlenbrok, Director of Community Development
Department: Community Development
________________________________________________________________________ Recommendation:

The Planning Commission and staff recommend that the City Council approve the following:

A. Resolution of the City Council of the City of Rocklin Approving of a Notice of Exemption (Rock Baseball Training Facility / U2024-0003 and ENV2024-0006) B. Resolution of the City Council of the City of Rocklin Approving a Conditional Use Permit for a Privately Operated Recreational Training Facility (Rock Baseball Training Facility / U2024-0003)
Proposal/Application Request:

The Rock Baseball Training Facility project (Project) is a request for approval of a Conditional Use Permit (CUP) to allow a privately operated recreational training facility within an approximately 6,500 square feet suite in an existing 13,000 square foot building. The use would include a training area with batting cages and netting for indoor sports practice, with a primary focus on baseball/softball training. The remainder of the s pace would be utilized for administrative offices for the organization, as well as a team room, reception, and lobby areas.

No exterior modifications to the building or site are proposed.

Summary of Planning Commission Hearing and Action:

On August 6 , 202 4, the Planning Commission (Commission) considered the proposed project. Following a presentation from staff and a statement from the applicant, the Commission opened the public hearing ; there were no public comments. The Commission then closed the public hearing and began deliberations. Commission ers stated that they 135
support local baseball and have seen similar uses throughout the area which have worked well. The Commission voted 5-0 to recommend the project to the City Council for approval.

Project Location/Description:

The Project is proposed within portion of an existing building at 4660 Pacific Street. The Assessor’s Parcel Number (APN) is 010-010-023. See Figure 1.

Figure 1 – Aerial Photo
Owner/Applicant:

The property owner is Vismont, LLC. The applicant is Fred Saunders – The Rock Baseball Club.

Background and Site Characteristics:

The Project is proposed to be located within an existing building within the Old Highway 40 Business Park, an eight-building light industrial use totaling approximately 50,000 square feet of building area, which was approved in 2005.

The subject building is approximately 13,000 square feet in size and is divided into two tenant spaces. The proposed Project would occupy suite 100, which features 4,698 square feet of warehouse space and 1,800 square feet of office/lobby space. An auto shop use is located 136
in the adjacent tenant space. Surrounding uses to the north, northeast, and southwest include various light industrial businesses. To the south and southeast are vacant properties zoned and designated for commercial and residential development, respectively. The property to the southeast is currently entitled with the Quarry Row Subdivision project, which allows for construction of 74 single-family residential units.

See Figure 2 for a site plan and Table 1 for surrounding uses.

Figure 2 – Existing Site Plan
Table 1 – Site and Surrounding Land Uses:

General Plan Zoning Existing Use
Project
Site: Light Industrial (LI) Planned Development
Light Industrial (PD-LI) Light Industrial
North: LI PD-LI Light Industrial
South: Retail Commercial
(RC) Commercial (C-3) Vacant
East:

Medium High
Density Residential
(MHDR)
Planned Development 10.5
Dwelling Units/Acre
Vacant; Quarry Row
(74 units)
West: LI PD-LI Light Industrial
137
General Plan and Zoning Compliance:

The project site is designated Light Industrial (LI) on the General Plan. This area of the City was zoned Planned Development Light Industrial (PD-LI) in 1994 via Ordinance No. 706.

Pursuant to this ordinance, the PD-LI district allows for typical light industrial uses, including but not limited to bottling plants, cabinet shops, contractor’s yard, food processing, machine shop, warehousing, light manufacturing, etc. This zoning does not allow for any indoor exercise or athletic club or training facilities.

However, pursuant to Rocklin Municipal Code (RMC) Chapter 17.64 – Special and Prohibited Uses, Privately Operated Recreational Facilities are among several identified uses that may be permitted in any zoning district, subject to approval of a CUP by the City Council. While Privately Operated Recreational Facilities are not defined by the RMC, staff’s interpretation is that this provision of the RMC may be utilized to allow for approval of the proposed indoor baseball training facility, at the discretion of the City Council.

Therefore, the proposed project would be compatible with the existing General Plan designation and Zoning, subject to issuance of a CUP as described further below.

Conditional Use Permit:

RMC Section 17.70.140 states that the grant of a CUP shall be based on a finding by the decision-making body that the establishment, maintenance, or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood, or the general welfare of the City.

Also, RMC Section 17.64.020 (B) states that, in addition to the criteria set forth in Chapter

17.70 for determining whether or not a CUP should be issued, the hearing body shall consider the following additional factors in determining whether the “special uses” listed in Chapter 17.64 would be incompatible with other uses permitted in the zone and surrounding areas:

1. Damage or nuisance from noise, smoke, odor, dust, vibrations or water pollution;

2. Hazard from explosion, contamination or fire;

3. Hazard occasioned by unusual volume or character of traffic, or the congregating of a large number of people or vehicles.

Business Description
According to the applicant-submitted Business Plan, the Project is a multi-use indoor sports practice facility with a primary focus on baseball/softball training. The existing warehouse space is proposed to be converted to a training area with artificial turf, batting cages and netting. The applicant has indicated that the remainder of the space within the building will be used for administrative offices, team room, reception, and lobby areas. See Figure 3 for the Project’s existing and proposed floor plan.
138
Figure 3 – Floor Plan
The Project’s anticipated hours of operation are Monday through Friday from 4:00 p.m. to 10:00 p.m., and Saturday and Sunday from 9:00 a.m. to 6:00 p.m. It is anticipated that 1-3 employees will be on site daily. An estimated 15-25 athletes would train on-site at one time, with most members within the age range of 8-17, most of which would be dropped off for mid-week activities around 4 p.m. after school and be picked up at the conclusion of the session. Practice sessions would range from 60 and 90 minutes each.

Parking
The Project site includes 27 parking spaces, which are shared between the two building tenants, although a condition of the original project’s Tentative Parcel Map (DL-2002-04) required recordation of reciprocal access and parking easements over each of the parcels of the business park. The total park includes approximately 80 parking spaces, not counting the fleet parking for the Enterprise Rent-A-Car to the southwest.

Based on the project description, it is anticipated that the parking needs of the proposed use would not exceed the available on-site parking, and that any additional parking needs could be accommodated within the larger business park. The three closest adjacent tenants, which include a light auto repair use, a uniform warehousing/shipment facility, and a vector control 139
manufacturing business, all close at 5 p.m. on weekdays and are closed on weekends, according to their websites. Based on the fact that the majority of Rock Baseball weekday customers would be present during late afternoons and evenings, it is projected that the facility’s peak parking needs would be during off-peak hours from the other businesses within the center. Given the above, it is anticipated that the project would not result in significant impacts to parking within the center or surrounding area.

Planning Commission and Staff Findings
The operation of a multi-use indoor sports practice facility is not anticipated to be detrimental to the health, safety, or general welfare of the area. Surrounding tenants include a combination of light industrial and office uses, most of which have limiting operational hours during the Project’s hours of operation.

The project is not anticipated to create any damage or nuisance from noise, smoke, odor, dust, vibrations, or water pollution and would not create any hazards from explosions, contamination, or fire.

Traffic volumes within the area would be consistent with other businesses within the park, although there would be additional traffic during off-peak hours. The project is not anticipated to create any hazard occasioned by unusual volume or character of traffic, or the congregating of a large number of people or vehicles.

Environmental Determination:

The project was determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines under Sections 15301 – Existing Facilities.

For a more in-depth discussion of the environmental evaluation and conclusion, please refer to the Notice of Exemption attached to the draft resolution approving said exemption.

Letters from Commenting Agencies:

This project was circulated to various City, County, State, and utility agencies for review and no issues of concern were identified. Comments from agencies have either been addressed through the project design or have been included as Conditions of Approval.

Recommendation:

The Planning Commission and staff recommend approval of the Rock Baseball Training Facility, as proposed and conditioned.
140
RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF ROCKLIN APPROVING A NOTICE OF EXEMPTION
(Rock Baseball Training Facility / U2024-0003 and ENV2024-0006) The City Council of the City of Rocklin does resolve as follows:

WHEREAS, a Conditional Use Permit (U2024-0003) allows for operation of a privately operated recreational training facility within the Planned Development Light Industrial (PD-LI) zoning district on Assessor’s Parcel Number (APN) 010-010-023; and WHEREAS, the City of Rocklin’s Environmental Coordinator has reviewed the Rock Baseball Training Facility / U2024-0003 and ENV2024-0006 (“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; and WHEREAS, the Planning Commission of the City of Rocklin recommended the Notice of Exemption for approval on August 6, 2024 with a vote of 5-0.

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, and for the reasons stated in the Notice of Exemption, attached hereto and incorporated by reference herein as Exhibit 1, the City Council of the City of Rocklin finds that the Project is exempt from review under the California Environmental Quality Act.

Section 2. The City Council approves of the Notice of Exemption 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 with the State Office of Planning and Research, pursuant to the provisions of Section 21152(b) of the Public Resources Code and the State EIR Guidelines adopted pursuant thereto.
141

Page 2 ends

Reso. No.

PASSED AND ADOPTED this 27th day of August, 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
Greg Janda, Mayor
ATTEST:
_____________________________
Avinta Singh, City Clerk
142
EXHIBIT 1

Page 1 ends

To Reso No.

NOTICE OF EXEMPTION
TO: County Clerk, County of Placer FROM: City of Rocklin 2954 Richardson Blvd. ECD Department
Auburn, CA 95604-5228 3970 Rocklin Road
Rocklin, CA 95677
Project Title: Rock Baseball Training Facility
Project Location - Specific: The project location is at 4660 Pacific Street, Assessor’s Parcel Number (APN) 010-010-023.

Project Location - City: Rocklin, CA; County: Placer
Description of Nature, Purpose and Beneficiaries of Project: The Rock Baseball Training Facility project (Project) is a request for a Conditional Use Permit (CUP) to operate a privately operated recreational training facility within approximately 6,500 square feet of an existing 13,000 square foot building. The use would include a training area with batting cages and netting for indoor sports practice, with a primary focus on baseball/softball training. The remainder of the space would be utilized for administrative offices for the organization, as well as a team room, reception, and lobby areas. No exterior modifications to the building or site are proposed.

Name of Public Agency Approving Project: City of Rocklin Name of Person or Agency Carrying Out Project: The property owner is Vismont LLC, 1714 14th St., Santa Monica, CA 90404, (310) 895-6358. The applicant is Fred Saunders, 5703 Sandstone Ct., Rocklin, CA 95677, (916) 316-6889.

Exempt Status (Check one)
_x_ Categorical Exemption (California Code of Regulations Sec. 15300 et seq.): Section 15301 – Existing Facilities
Reasons why the project is exempt. The project involves the establishment and operation of a recreational training facility in an existing building. No exterior modifications to the building or site are proposed. There will be interior tenant improvements but no grading or tree removal, and there will be no expansion of the current facility. Class 1 exemptions consist of the operation 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. Examples include but are not limited to:
(a) interior or exterior alterations involving such things as interior partitions, plumbing and electrical conveyances.

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

Contact Person: David Mohlenbrok, Community Development Department Director Date received for Filing: _______________________________________ Signature:
___________________________________________________________________ David Mohlenbrok, Community Development Department Director 143
RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF ROCKLIN APPROVING A CONDITIONAL USE PERMIT

FOR A PRIVATELY OPERATED RECREATIONAL TRAINING FACILITY (Rock Baseball Training Facility / U2024-0003)
The City Council of the City of Rocklin does resolve as follows:

Section 1. The City Council of the City of Rocklin finds and determines that:

A. Conditional Use Permit (U2023-0005) approves operation of a Privately Operated Recreational Training Facility to allow for a training area with batting cages and netting for indoor sports practice at 4660 Pacific Street; Assessor’s Parcel Number (APN) 010-010-023.

B. A Notice of Exemption has been approved for this Project via City Council Resolution No. 2024-__.

C. The use would be completely enclosed within an existing building. The establishment, maintenance, and operation of the proposed use will not, under the circumstances of this particular case, be detrimental or injurious to the health, safety or general welfare of persons residing or working within the neighborhood of the proposed use, to property and improvements in the neighborhood, or to the general welfare of the City.

D. The project is consistent with the Light Industrial (LI) General Plan designation, and the project site is zoned Planned Development Light Industrial (PD-LI).

As a privately operated recreational facility, this Project is a conditionally permitted use subject to Rocklin Municipal Code (RMC) Chapter 17.64 – Special and Prohibited Uses, and therefore requires City Council approval. The establishment, operation, and maintenance of the use is consistent with the goals, policies, and land use designations in the General Plan and with all zoning standards, regulations, and restrictions applicable to the property, subject to the issuance of a Conditional Use Permit (CUP).

E. The Planning Commission of the City of Rocklin recommended the CUP for approval on August 6, 2024 with a vote of 5-0.

Section 2. The Conditional Use Permit is hereby approved for operation of a Privately Operated Recreational Training Facility (Rock Baseball Training Facility / U2024-0003) as depicted and further described in Exhibits A and B included herein, subject to the conditions listed below. The approved Exhibits A and B shall govern the use. Unless otherwise expressly stated, the applicant / owner shall be solely responsible for satisfying each condition prior to a final Building Permit Inspection, Issuance of a Certificate of Occupancy, or initiation of use as is applicable. The agency and / or City 144
department(s) responsible for ensuring implementation of each condition is indicated in parenthesis with each condition.

A. Notice to Applicant of Fees & Exaction Appeal Period The conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code §66020(d), these conditions constitute written notice of the amount of such fees, and a description of the dedications, reservations, and other exactions.

The applicant is hereby notified that the 90-day protest period, commencing from the date of approval of the project, has begun. If the applicant fails to file a protest regarding any of the fees, dedication requirements, reservation requirements or other exaction contained in this notice, complying with all the requirements of Government Code §66020, the applicant will be legally barred from later challenging such exactions.

B. Conditions

1. Operation
a. Approval of this conditional use permit does not relieve the applicant from the requirement to obtain subsequent permits and approvals from the City and other agencies, as may be applicable to improvements and operation of the facility. (PLANNING, BUILDING, FIRE)
b. Rock Baseball Training Facility shall operate consistent with the Business Plan, included as Exhibit A . Deviations from these operations shall be reviewed by the Community Development Director for substantial compliance. Operational deviations which are not considered substantially compliant may require further review and approval by the City Council. (PLANNING)
c. In the event that persistent issues are reported with regard to parking or circulation within the center, the operator shall coordinate with staff to develop a solution in order to minimize the issues to the fullest extent practical. If the operator and staff are unable to reach an agreement as part of this coordination, staff shall have the authority to bring the project back to the City Council for further review. (PLANNING)

2. Indemnification and Duty to Defend
As a condition for project approval, Owner or an agent of Owner acceptable to City shall defend, indemnify, and hold harmless the City and its agents, officers, and employees from any claim, action, or proceeding, against the City or its agents, officers, and employees; including all costs, attorneys' fees, expenses, and liabilities incurred in the defense of such claim, action, or proceeding to attack, set 145
aside, void or annul an approval by the City and its agents, officers, and employees, or other City advisory agency, appeal board, or legislative body concerning this project approval. City shall promptly notify owner of any such claim, action, or proceeding and shall cooperate fully in the defense of said claim, action, or proceeding. (CITY ATTORNEY)

3. Validity
This entitlement shall expire three years from the date of approval, unless prior to that date a building permit has been issued or a time extension has been granted. (PLANNING)
PASSED AND ADOPTED this 27th day of August, 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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EXHIBIT A
Rock Baseball Training Facility – Business Plan
Conditional Use Permit (U2024-0003)
The project is a multi-use indoor sports practice facility with a primary focus on baseball/softball training. The existing warehouse space would be converted to a training area with batting cages and netting. The remainder of the space within the building would be used for administrative offices, team room, reception, and lobby areas.

Anticipated hours of operation will be Monday through Friday from 4:00 p.m. to 10:00 p.m., and Saturday and Sunday from 9:00 a.m. to 6:00 p.m. It is anticipated that 1-3 employees will be on site daily. An estimated 15-25 athletes would train on-site at one time, with most members falling within the age range of 8-17.

Because mid-week activities generally begin around 4 p.m. after school, about 95% of participants would be dropped off for their sixty-to-ninety-minute practice session, and picked up at its conclusion.
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EXHIBIT B
U2024-0003
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City Council
Staff Report

Subject:

Zone Rocklin Project Update
Date:

August 27, 2024
Submitted By:

Sherri Conway, Assistant City Manager
Department:

City Manager's Office
Recommendation:

Receive a Presentation on the Zoning Ordinance and Map Update Project (ZONE ROCKLIN).

Background:

The purpose of the Zone Rocklin Project is to update Rocklin’s Zoning Ordinance and Map to produce a comprehensive, state-of-the-art, flexible, and user-friendly Zoning Code, consistent with the recommendations of the Community Development Department Organizational Assessment completed in 2023. This project is also included in the City Council’s adopted 2023-2025 Strategic Plan work plan.

The goal of the Zone Rocklin Project is to create a comprehensive document that achieves the following:
• Streamlined and transparent in its administration and decision-making processes • Promotes economic development and high-quality design • Provides flexibility
• Is intuitive, graphic, and user-friendly
• Is consistent with State and federal law

Since the project kick off in May, staff and the consultant team from Miller Planning Associates (MPA) have worked closely on data gathering, identifying project objectives, and establishing a public outreach strategy that includes a designated webpage, where members of the public can view the latest project updates and sign up to receive notifications regarding the project.

At the City Council Meeting, Martha Miller, AICP, lead project manager with MPA, will provide an overview of the project, efforts made to date, and next steps.

Item Number 1

162

Rocklin City CouncilAugust 27, 2024

Rocklin City Council
August 27, 2024