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• Participants in the program will receive benefits as follows:
Eligibility Categories Maximum Monthly Payment
No Health – Minimum Required
Coverage (Dental, Vision &Life for
Employee Only
$350.00
No Health – Minimum Required
Coverage (Dental, Vision, & Life) for
Employee + One and Family
$325.00
• The employee must have minimum essential coverage ("MEC") through another source (other than coverage in the individual market, whether or not obtained through Covered California);
• The employee and all individuals in the employee’s expected tax family have (or will have) the required minimum essential coverage. An employee’s expected tax family includes all individuals for whom the employee reasonably expects to claim a personal exemption deduction for the taxable year(s) that cover the employee's plan year to which the opt- out arrangement applies;
• The employee must provide reasonable evidence of the MEC for the applicable period to the Human Resources Division. Reasonable evidence may include an attestation by the employee;
• The employee must provide the evidence/attestation every plan year; • The employee must provide the evidence/attestation no earlier than a reasonable time before coverage starts (e.g. open enrollment). The evidence/attestation may also be provided within a reasonable time after the plan year starts; and • The opt-out payment cannot be made (and the City must not in fact make payment) if the City knows or has reason to know that the employee or a tax family member does not have the alternative coverage.
ARTICLE 2. STATE DISABILITY INSURANCE
The City agrees to pay the employee's liability for State Disability Insurance through the term of the MOU.
ARTICLE 3. FLEXIBLE SPENDING PLAN
The City will continue to make available to employees a Health Flexible Spending Plan and Dependent Care Flexible Spending Plan established pursuant to IRS Section 125. The Health Flexible Spending plan allows eligible employees to set aside up to the maximum amount allowed under IRS Section 125 per year pre-tax income to pay for costs associated with health insurance Docusign Envelope ID: 4E4F11ED-0E83-4A78-B721-148C089EA9CD 262
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premiums and health costs not covered under the benefits plan. The Dependent Care Flexible Spending Plan also allows the employee to set aside pre-tax income to pay for costs of child care and adult dependent care. Employees may choose to enroll in the Health Flexible Spending Plan and/or the Dependent Care Flexible Spending Plan annually during the open enrollment period for the coming calendar year. Participants must pay the monthly cost to fund the plan(s) by authorizing biweekly pre-tax payroll deductions.
ARTICLE 4. RETIREMENT BENEFITS
A. Classic Employees
These are employees who are CalPERS members, and meet the definition of a Classic Member as determined by CalPERS.
B. Classic Employees Retirement Plan
The City agrees to maintain membership and continue to contract with the State of California Public Employees Retirement System (CalPERS) for the 3% @ 50 plan for safety employees with the following additional contract provisions as found in the following sections of the California Government Code pertaining to PERS (Title 2, Division 5):
• Section 20965, Credit for Unused Sick Leave
• Section 21574, 1959 Survivor's Benefit, Fourth Option • Section 20042, One Year Final Compensation
C. Classic Employees Retirement Contribution
Effective July 7, 2018, the employee shall contribute three percent (3.0%) of his/her CalPERS reportable compensation towards the employer's retirement contribution for a total of twelve percent (12.0%) of the employee's CalPERS reportable compensation.
D. PEPRA Employees Retirement Plan (Hired on or after 1/1/13)
These are employees hired on or after January 1, 2013, who have never been a CalPERS member, have not been a CalPERS member in the past 180 days, and do not meet the definition of a Classic member as determined by CalPERS.
E. PEPRA Employees Retirement Plan
For PEPRA safety employees the City agrees to maintain membership and continue to contract with the State of California Public Employees Retirement System (CalPERS) for the 2.7% @ 57 plan for safety employees as required by law, with the following options:
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• 1959 Survivors' Benefit, Fourth Option, Section 21574 • Credit for Unused Sick Leave, Section 20965
• Average of Three Highest Years of Service Compensation, Section 20037 as required by law
F. PEPRA Employees Retirement Member Contribution
PEPRA employees will make employee contributions as required by State law, and in addition will contribute the following amount.
Effective July 7, 2018, all PEPRA employees shall make employee contributions as required by State law, and in addition will contribute three percent (3.0% ) of his/her CalPERS reportable compensation towards the employer's retirement contribution.
ARTICLE 5. RETIREE HEALTH BENEFITS
The retiree medical benefit for employees hired on or after July 1, 2025 will be negotiated by the Parties immediately following the conclusion of the negotiation for the 2025 to 2028 Memorandum of Understanding.
All City of Rocklin employees that meet the eligibility requirements for CalPERS retirement and retire within 120 days of separation from the City of Rocklin a r e eligible for post-retirement health benefits.
Effective July 1, 2018, the City will contribute a maximum of $1,200 per month towards the cost of health insurance (Article 1, Section C). Eligible retirees shall receive 100% of the City's contribution towards their post-retirement health benefits.
The RFF and the City agreed in the 2018 to 202 MOU to rescind the Vesting Schedule for Retiree Health Benefits, adopted by the City by Resolution No. 2003-91 under the authority of California Government Code 22983. In exchange for rescinding the vesting schedule, the City and the RFF mutually agree d that the retiree health benefits described in this Article are intended to be permanent for current retirees as of December 31, 2017, and employees who retired during the term of th e MOU in effect between January 1, 2018 to December 31, 2020 . Therefore, entitlement to and continuation of the retiree health benefits described herein for individual retired or employed as of June 30, 2025 shall exist and continue beyond the term of this MOU, and are not dependent on the existence of any subsequent or future MOU. For any existing retiree who as of July 1, 2018, is receiving more than $1,200 per month in post retirement health benefits, the City will reimburse them no greater than the difference between the vesting schedule amount they are receiving as of July 1, 2018, and the City's health insurance contribution cap which will be $1,200 per month on July 1, 2018."
ARTICLE 6. DEFERRED COMPENSATION
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The City will contribute up to $100.00 per month in matching funds for each employee who participates in a City-sponsored deferred compensation program. Employees who regularly work less than 40 hours per week will receive a prorated benefit.
Additionally, the City will contribute $200.00 per month (no match required) for each PEPRA employee to a City sponsored deferred compensation program.
ARTICLE 7. UNIFORM ALLOWANCE
A. Each employee shall receive an annual uniform allowance of $950. The annual uniform allowance will be paid in equal payments each pay period.
B. The annual allowance is for the provision, replacement, and maintenance of the uniform as prescribed by the Fire Department.
When a new employee who is required to wear a uniform enters the service during the term of this MOU, said employee shall receive, upon entry into the service, their first set of uniforms. The Department will determine what the uniform needs are and provide the first set at no cost to the employee.
ARTICLE 8. TUITION REIMBURSEMENT
A. Eligibility
All employees shall be eligible for tuition and related expense reimbursement for completing approved coursework through a regionally accredited college, school, or university. To be eligible for reimbursement, the employee must submit to the Fire Chief and to the Human Resources Division, and receive approval of an education plan and goal prior to undertaking the coursework. The plan must contain a statement as to its relevancy to the employee's work assignment and the benefit to the City. Courses, books, and supplies paid for via state, federal, or private grant are excluded from reimbursement.
B. Criteria for Reimbursement
1. Upon completion of the coursework, the employee must submit the following items to receive reimbursement:
(a) A copy of the grade report evidencing completion of the coursework with a grade of C or better. For non -graded courses, seminars or certificate programs, documentation from the institution evidencing satisfactory completion of the course or program will be sufficient.
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(b) Itemized receipts showing items claimed for reimbursement.
(c) Completion of tuition reimbursement form.
C. Approved Institutions / Coursework:
1. For reimbursement, classes must be sponsored by an accredited institution, such as the Office of the State Fire Marshal, California State Training Institute, National Fire Academy, universities and colleges, or other institutions approved by the Fire Chief.
2. Courses must be related to the fire service, public safety, or public administration, and/or required for the completion of either an Associate's degree, a Bachelor's degree, a Master's degree, State Fire Marshal certification or a related certificate or degree.
3. For reimbursement of seminars, conferences, workshops, or other unaccredited learning opportunities and programs, eligibility must be approved in writing by the Fire Chief or designee.
D. Items Qualifying/Not Qualifying for Reimbursement:
1. Items qualifying for reimbursement include:
(a) Tuition
(b) Required textbooks
(c) Required supplies
(d) Parking Permits
(e) Other related expenses for required materials
2. Items NOT qualifying for reimbursement include:
(a) Medical Service Fees
(b) Mileage or transportation expenses
(c) Lodging
(d) Meals
(e) Items not required by the instructor.
(f) Computers, cellular telephones, and tablets
3. To be eligible for tuition reimbursement, it is understood that enrollment in the coursework is voluntary, and attendance at the classes shall be during off duty time.
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E. Maximum Annual Reimbursement:
1. The maximum amount eligible for reimbursement for coursework taken at a college or university will be actual costs up to the $750 a fiscal year. The City will observe the IRS regulations concerning taxability of tuition reimbursement in effect at the time of the request for reimbursement. Tuition education plans must be preapproved by the Fire Chief no later than January, for the upcoming year.
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SECTION IV-LEAVES
ARTICLE 1. VACATION
A. Policy
1. Vacations shall be requested in accordance with Department guidelines and scheduled subject to approval by the Chief. The Chief may set forth a schedule for each employee so as to ensure the City the level of staffing required to carry out its work program.
B. Accrual and Use
1. Vacation accrual is based on the regularly assigned work hours, exclusive of overtime. Employees will accrue vacation as follows:
Fifty-Six (56) Hour Employees
Years of Service Hours/year Hours/pay period Maximum Accrual
0-1 178 6.8462 200 hours
1-2 213 8.1923 240 hours
2-3 224 8.6154 260 hours
3-4 235 9.0385 280 hours
5 258 9.9231 300 hours
10 291 11.1923 340 hours
15 315 12.1154 340 hours
Forty (40) Hour Employees
Years of Service Hours/year Hours/pay period Maximum Accrual
0-1 98 3.7692 200 hours
1-2 122 4.6923 200 hours
2-3 130 5.00 200 hours
3-4 138 5.3077 200 hours
5 154 5.9231 200 hours
10 178 6.8462 200 hours
15 186 7.1538 200 hours
2. Vacation leave must be scheduled and approved in advance in accordance with the time lines established by the Fire Chief. After completing the first year of employment, each employee who is regularly scheduled to work more than forty Docusign Envelope ID: 4E4F11ED-0E83-4A78-B721-148C089EA9CD 268
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(40) hours a week must take a vacation period of no less than one consecutive regularly scheduled "tour of duty" during a calendar year. Employees assigned to forty (40) hour weeks must take a vacation period of no less than five (5) consecutive regularly scheduled work days during a calendar year.
C. Cash Out
1. Hours accrued beyond the maximum accrual allowed that are not used by the last pay period in November will be cashed out at the employee's base rate and paid to the employee in the following pay period.
2. The City reserves the right to require the employee to take time off to reduce the accrued hours to the maximum accrual in lieu of making a cash payment. If the City exercises its right to require the time off, the employee must be allowed thirty (30) days to make arrangements.
ARTICLE 2. HOLIDAYS
A. Policy
Due to the nature of work performed by Fire personnel, it is not possible to observe traditional holidays as they occur. Therefore, those employees will be credited with ninety-six (96) holiday hours at the beginning of each calendar year , which are credited based on the ten (10) holidays identified below are a rate of 9.6 hours per holiday. Holiday time off shall be requested in accordance with Department guidelines and scheduled subject to approval by the Chief or his/her designee. Hours not used by the last pay period in November each year shall be cashed out at the employee's base rate a nd paid to the employee in the following pay period.
B. Accrual and Payoff
1. Individuals who are not employed for the full calendar year shall accrue holiday hours at the rate of eight (8) hours per month. If the date of hire falls between the 1st and 15th day of the month, they will be credited with the full eight (8) hours for that month and each succeeding month during the calendar year. If the date of hire falls between the 16 th and the last day of the month, they will be credited with four (4) hours for that month and eight (8) hours for each succeeding month during the calendar year.
2. Individuals who leave employment with the City prior to the end of the calendar year shall be paid holiday hours at the rate of eight (8) hours for each full month of employment. Partial months of employment will be credited as follows: If the date of termination falls between the 16th and the last day of the month, they will Docusign Envelope ID: 4E4F11ED-0E83-4A78-B721-148C089EA9CD 269
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be credited with the full eight (8) hours for that month. If the date of termination falls between the 1st and the 15th day of the month, they will be credited with four (4) hours for that month. If an employee has taken more holiday hours in advance than have been earned at the time of separation from service, the City may deduct an equivalent amount of pay for the holiday hou rs taken in advance from the employee's final pay check.
3. The City currently recognizes the holidays listed below. In the event the City agrees to recognize additional holidays during the term of this Agreement and grants these to the AFSCME members, the City agrees to add the corresponding number of holiday hours to the 96 hours currently being received. This Article supersedes that section of the City Personnel Rules entitled "Holidays."
• New Year's Day
• Martin Luther King Jr. Day
• President's Day
• Memorial Day
• Independence Day
• Labor Day
• Veteran's Day
• Thanksgiving Day
• Thanksgiving Friday
• Christmas Day
ARTICLE 3. SICK LEAVE
A. Accrual
1. Employees assigned to fifty -six (56) hour per week shifts shall accrue up to one hundred forty -four (144) hours of sick leave per year, at a rate of .049446 multiplied by the first one hundred twelve (112) hours in paid status in a pay period, with the exception of overtime. Employees assigned to forty (40) hour per week shifts shall accrue up to ninety-six (96) hours of sick leave per year at a rate of .046153 multiplied by the first eighty (80) hours in paid status in a pay period, with the exception of overtime. Sick leave may be accrued without limit and will be converted to service credit at retirement.
B. Use of Sick Leave
1. Sick leave may be used in the event of one of the following circumstances:
(a) Actual illness or injury of the employee;
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(b) The employee's exposure to a contagious disease;
(c) Medical or dental appointments of employee and employee's immediate family members, when such appointments cannot be arranged during off-duty hours, and when the employee's presence is required;
(d) Where the employee's medical attention to an immediate family member is required and the illness/injury does not meet the criteria of the California Family Rights Act (CFRA) or the Family Medical Leave Act (FMLA). For purposes of sick leave use, as required by the Healthy Workplaces, Healthy Families Act of 2014, family members shall include the employee's biological, adoptive, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis regardless of age or dependency status, a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child, a spouse, registered domestic partner, grandparent, grandchild, or sibling.
(e) An employee who is entitled to a disability retirement (either at his/her own request or as a result of City action) under PERS shall not be entitled to use sick leave to defer the effective date of retirement as provided by Government Code Section 21163.
2. Fifty-six (56) hour employees who are absent from two consecutive shifts, or forty (40) hour employees who are absent three consecutive work days, because of illness or injury may be required to submit a physician's certificate verifying the condition and certifying the employee's ability to perform the full range of his/her duties upon return to duty.
C. Coordination of Sick Leave and Disability Benefits
1. Sick leave benefits and benefits received by an employee under the State Disability Insurance Law for non-work related injury or illness shall be integrated as follows:
(a) An employee who sustains a non -work related injury or illness and who receives State Disability Insurance (SDI) benefits shall:
i. If he/she has accumulated sick leave, be treated as on sick leave; and
ii. Receive his/her salary, which shall be a combination of compensation from the City and SDI.
iii. While the employee is integrating SDI, the amount of the SDI payment(s) Docusign Envelope ID: 4E4F11ED-0E83-4A78-B721-148C089EA9CD 271
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received shall be credited to the employee. The remainder of the employee's base salary will be paid first through sick leave, then through other leave balances. Employee's must notify the Human Resources Division of their intent to integrate and must prov ide proof of payment from EDD to the Human Resources Division as soon as possible after their payment is received.
iv. When all available leave hours, beginning with sick leave are exhausted he/she shall only receive SDI to the extent permitted by law.
ARTICLE 4. BEREAVEMENT LEAVE
A. Eligible bereavement leave hours:
40-hour workweek
Each employee who works an eight (8) hour shift will be eligible for up to twenty-four (24) hours of bereavement leave following the death of a relative. If an employee requests additional time off for bereavement, all additional time must be charged to ac crued vacation.
56-hour workweek
Each employee who works a twenty -four (24) hour shift will be eligible for up to two (2) twenty-four (24) hour shifts of bereavement leave that can be used consecutively or separately. The leave must be used within thirty (30) days from the date first used. If an employee request s additional time off for bereavement, all additional time must be charged to accrued vacation.
B. Relatives covered:
Spouse Domestic Partner
Son Daughter
Father Mother
Brother Sister
Father-in-law Mother-in-law
Grandfather Grand Mother
Grandchildren
C. The following step/foster relationships are also covered:
Father Mother
Son Daughter
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Brother Sister
Grandfather Grandmother
D. Bereavement leave is also available following the death of any non-related child or close relatives who resided with the employee at the time of death.
1. Notification to the City
The employee shall notify his/her supervisor as soon as possible of the occurrence requiring bereavement leave, and if requested by the City, shall provide substantiation to support the request. Such leave shall commence within a reasonable amount of time following the request. Bereavement leave must, not to exceed the maximum amount of time allowed per Section A above.
2. Limitation
The forty-eight (48) hour or twenty-four (24) hour limit will apply to all deaths that occur simultaneously.
ARTICLE 5. FAMILY CARE AND MEDICAL LEAVE
A. An employee shall be eligible to take leave for up to 12 weeks each twelve (12 ) month period for personal or family illness, or following the birth or adoption of his or her child in accordance with the California Family Rights Act (CFRA) (Government Code Section 12945.2) and the Federal Family and Medical Leave Act (FMLA) (Title 29, Part 825, Code of Federal Regulations).
B. An employee who is in unpaid status during a Family Care & Medical Leave will suffer no break in service for purposes of determining seniority under Article 38 - Layoff. Employees on extended family care and medical leave are considered unavailable for work during that period. This would include scheduled and unscheduled overtime, training, or any other work-related activities.
C. The City reserves the right to transfer an employee who is taking intermittent Family Care & Medical Leave for medical treatment when it is determined to be in the best interest of the City that the functions of the affected position be performed on a full-time basis. The position to which the employee is transferred must be comparable to the employee's regular position and the employee will be returned to his/her original position on completion of his/her treatment, subject only to the employee being capab le of performing all of the essential functions of the job.
D. The City may require the employee to utilize all accrued sick leave, vacation, and holiday hours to cover the period which otherwise would be unpaid. If the employee chooses, Docusign Envelope ID: 4E4F11ED-0E83-4A78-B721-148C089EA9CD 273
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they may reserve 40 hours of accrued vacation leave for use upon their return from an extended period of Family Care & Medical Leave.
1. "Extended Period" is defined as an absence of two (2) weeks or more.
2. If all other leave is exhausted at the expiration of the Family Care & Medical Leave, an employee may use the reserved vacation leave for purposes of sick leave and medical appointments for the employee and his/her dependents for a period of three (3) months after his/her return from Family Medical Leave.
3. Vacation leave used for this purpose will be used in increments of no less than two (2) hours.
4. Accrued leave will be coordinated with Disability Benefits in accordance with Article 3 – Sick Leave, Section C.
E. An employee will notify his/her supervisor and the Human Resources Division that he/she is requesting to take family care and medical leave and will provide the date his/her leave will begin and the anticipated date of his/her return to work. Prior to the beginning of the leave, the employee and the supervisor will establish a schedule in which the employee will keep the supervisor informed of any changes in his/her status and/or date of return to work.
ARTICLE 6. JURY DUTY
When an employee is required to serve on jury duty, the employee shall be compensated for all regularly scheduled hours not worked as a result of jury service. Each employee shall pay the City the amount received as juror fees, but shall retain any fees received for mileage reimbursement.
If the employee is on industrial disability leave and receiving salary continuation under Labor Code 4850 at the time of jury service, the employee will be compensated at his or her normal 4850 rate.
ARTICLE 7. MILITARY LEAVE
Military leave shall be granted and compensated in accordance with the provisions of the State of California Military and Veterans Code which says, in summary, that any employee shall receive full compensation for up to thirty (30) calendar days of active military duty each year. In no event will an employee be compensated in excess of 243 hours at their straight time rate in any calendar year.
For scheduled military training, a copy of the official orders must be submitted to the employee's supervisor as soon as issued. For emergency military call-up, a copy of the official orders must be submitted to the employee's supervisor as soon as practical. Weekend drills are not covered under this section.
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SECTION V-TERMS & CONDITIONS OF EMPLOYMENT
ARTICLE 1. PROBATIONARY PERIOD
A. New Hires
No appointment of employment in the City shall be deemed final and permanent until after the expiration of a twelve (12) month probationary period. The City may dismiss the employee at any time for any reason and without notice during the probationary period.
Probationary employees dismissed during their probationary period shall not have the right to appeal. This would not preclude a probationary employee from seeking any other legal remedy.
B. Promotion
No promotion to any position in the City shall be deemed final and permanent until after the expiration of a period of twelve (12) months probationary service. The City may reject an employee from the promoted position at any time during this probationary period with or without cause and with no appeal.
C. Probationary Evaluations
An employee shall receive no less than three (3) performance evaluations during the initial twelve (12) months of employment. An employee who is promoted into a new classification will receive no less than three (3) performance evaluations during their twelve (12) month probationary period. Such evaluations will be conducted at reasonable intervals.
D. Extension of Probationary Period
Any employee's probationary period may be extended by the Fire Chief for up to six (6) months in his/her sole discretion. An employee whose probationary period is extended shall have their salary anniversary date adjusted to the date following the end of the extension.
A probationary period may also be extended due to prolonged absence of the employee.
A prolonged absence shall be defined for this section as a minimum of 90 consecutive calendar days. The extension of the probationary period shall not exceed the length o f the absence.
The Fire Chief or the Fire Chief’s designee shall meet with the union prior to extending any probationary period as a result of prolonged absence of an employee.
E. Sick Leave and Vacation Use
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Probationary employees will be eligible to use accrued sick leave and accrued vacation leave as soon as it's earned.
F. Merit Increases
A probationary employee may, at the discretion of the Fire Chief, receive a salary step increase effective the beginning of the pay period which includes the employee’s salary anniversary date if they meet the following criteria:
• Received a satisfactory evaluation; and
• Completed an extended probationary period.
The employee’s salary anniversary date will be adjusted to the date the merit increase is granted.
ARTICLE 2. EMPLOYEE PERFORMANCE EVALUATIONS/ STEP INCREASES
A. The City shall conduct employee performance evaluations in accordance with established procedures.
B. Employee Rights
1. Any employee has the right to file a written statement to be attached to their performance evaluation placed in the personnel file. Such statements must be filed with the evaluator within five (5) working days of receiving the evaluation.
2. An employee who disagrees with a less than satisfactory overall performance rating may, within ten (10) working days of receiving the evaluation:
(a) File a rebuttal statement with the evaluator for attachment to the performance evaluation.
C. Step Increases
An employee shall be eligible for a salary step increase upon their salary anniversary date, having demonstrated satisfactory job performance in their current classification. A step increase shall be delayed indefinitely if the employee is not performing up to standards.
When a salary step increase is ultimately awarded , it will not be retroactive and the employee's salary anniversary date will be reset to the date the salary step increase is effective.
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1. An employee on any leave (paid or unpaid) for more than ninety (90) consecutive calendar days shall have their salary step increase delayed and salary anniversary date adjusted by the amount of time away from work .. An accepted workers’ compensation claim is the only exception to this rule. An employee on an accepted workers’ compensation claim will receive their step increase unless there was a reason to delay it, such as unsatisfactory job performance that occurred before the employee started workers compensation leave.
2. If a salary step increase is delayed due to a performance evaluation not being completed prior to the salary anniversary date, the salary step increase will be retroactive, and the salary anniversary date will remain the same.
ARTICLE 3. SAFETY EQUIPMENT
As designated by the Fire Chief, the City will provide all required personal protective equipment (PPE) consistent with the Department of Industrial Relations, Title 8, Section 3380(d), and Subchapter, Group 2, Article 10.1, sections 3401-3411.
ARTICLE 4. HOURS OF WORK
A. For employees assigned to twenty-four (24) hour shifts
1. Those classifications assigned to twenty-four (24) hour shifts will be scheduled as follows unless a different schedule is agreed to as a result of the meet and confer process between the Union and the City. This shift schedule is known as the 48/96 shift work schedule:
• 24 hours on duty
• 24 hours on duty
• 96 hours off duty
2. The twenty-four (24) hour shift will begin at 7 AM and will continue until 7 AM the following morning.
B. For employees in all other classifications
1. Employees in classifications assigned to eight (8) hour shifts will generally work eight (8) hours per day, five (5) days per week, from Monday through Friday. This schedule may be modified by mutual consent between an employee and the Fire Chief.
2. For employees in all classifications, duties and task assignments during the shift and for the days of the week shall be at the discretion of the Fire Chief or his/her Docusign Envelope ID: 4E4F11ED-0E83-4A78-B721-148C089EA9CD 277
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designee.
ARTICLE 5. OFF-DUTY/ OUTSIDE EMPLOYMENT
A. No employee shall accept any employment during off-duty hours either within or outside the City unless a) the prospective employer provides proof of general liability and workers compensation coverage, and b) the employment will not create a conflict of in terest nor be incompatible with the employment with the City.
B. Individuals who are self -employed on off -duty hours shall be exempt from the requirement to show proof of workers' compensation or general liability insurance, but will be expected to provide notification as specified in Ill below so that a determination can be made whether or not the self-employment will create a conflict of interest or be incompatible with the employment with the City.
C. Any employee considering outside employment shall submit a notice and the required documentation to the Fire Chief or his/her designee, who will determine whether the off- duty employment constitutes a conflict of interest or is incompatible with employment with the City. If the Chief or his/her designee finds no conflict or incompatibility in the employee's request, the Chief or his/her designee may approve the request. The Fire Chief or his/her designee shall render a decision within ten (10) calendar days.
D. Employees considering outside employment that would be subject to employment provisions of Section 4850 of the California Labor Code shall provide to the City a certificate of insurance which would provide for Section 4850 benefits from the prospective outside employer prior to such outside employment.
ARTICLE 6. LAYOFF
The City may undertake a reduction in force for any or all of the following reasons: lack of work:
lack of funds; a material change in duties or organization; in the interests of economy or for other good cause.
Whenever it is necessary to reduce the number of employees', layoffs shall be made in accordance with the relative seniority of the employee in the rank. Layoff shall be by inverse seniority.
Employees will lose seniority as a result of the following:
• Voluntary termination
• Retirement
• Involuntary termination
• Layoff exceeding twelve (12) months
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• Failure to respond to a re-employment notice, or refusal of a re-employment offer • Failure to report to work from a layoff within the time limits prescribed by this Article • Failure to return from military leave within the time limits prescribed by law
Layoffs shall occur in the following order:
• Temporary Employees
• Part-time Employees; both probationary and permanent
• Full-time Probationary Employees
• Full-time Permanent Employees
Employees who are pending layoff status shall be notified in writing thirty (30) calendar days in advance of the effective date of the layoff. Notice of pending layoff shall be sent to the Local at the same time as they are sent to the affected employees.
An employee subject to layoff may bump into a lower rank in which he/she has held permanent status and is otherwise qualified, provided that he/she has greater seniority in the lower rank than the least senior person in the lower rank. For the purposes of determining seniority for bumping, service in a higher rank will be counted toward service in the lower rank when the employee was directly promoted from the lower rank to the higher rank. In order to bump into a lower rank, the employee must request displ acement into the lower rank within five ( 5) work days of the notice of layoff.
Employees who exercise their option to displace into a lower rank shall be placed at the salary step representing the least loss of pay. In no case shall the salary be above that received in the rank from which the employee was laid off. Employees who displace into a lower rank shall serve a probationary period in the new rank unless they have previously successfully completed a probationary period in that rank.
In the event of a layoff, the City shall maintain a re -employment list of those employees laid off for a period of twenty-four months. Re-employment shall be in reverse order of layoff, provided such employees are otherwise qualified to perform the duties of the positions available and can return to work within fourteen (14) calendar days of notice of re -employment. No new hires in any rank where layoffs have taken place will be made until the re-employment list is exhausted.
Laid off employees, who are offered and refused re-employment; who do not respond to a notice of re-employment; or who do not report for work within fourteen calendar days of notice of re- employment shall be removed from the re employment list and shall be deemed to have waived all rights to re -employment. Notice of re -employment shall be served on the employee by certified mail at the latest address listed in City personnel records.
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more, rehire will be contingent upon the successful completion of physical and psychological examinations, a drug screening, and background investigation. Failure to complete these examinations successfully will result in removal of the employee's name from the re-employment list and waiver of all rights to re employment.
ARTICLE 7. RESIDENCY REQUIREMENT
Represented employees are encouraged to maintain a residence within a sixty (60) mile radius from City Hall.
ARTICLE 8. DEPARTMENT RULES
The Chief may establish Department rules, policies, procedures, Administrative Guidelines, and/or Standard Operating Guidelines to ensure efficient and effective Department operations.
Employees are expected to comply with these rules, policies, and procedures.
The subject matter of the Department rules, policies, or procedures, rather than the administration of such rules, policies, and procedures, is specifically excluded from the grievance procedure.
ARTICLE 9. DISCIPLINARY ACTION
A. Disciplinary Process
1. The purpose of disciplinary action is to correct deficiencies in employee performance, to seek improvement to meet appropriate standards, and/or to correct for violation of City policies. The disciplinary process outlined below has been established to prov ide general guidelines for a fair method for disciplining employees. Performance evaluations and non -punitive constructive disciplinary actions which are designed to assist an employee to improve his/her performance are excluded from the procedural rights specified in this section.
2. Grounds for Disciplinary Action - Discipline may be initiated for various reasons, including, but not limited to violations of City and/or Department work rules, insubordination or poor job performance. The severity of the disciplinary action depends on the nature of the offense and an employee's record, and may range from verbal counseling to immediate dismissal. Grounds for disciplinary action are listed in Section 4-02 (2) in the City of Rocklin Personnel Rules.
3. The normal progressive discipline procedure steps consist of:
(a) Counseling (non-punitive)
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i. Verbal Counseling: An opportunity to communicate in a non -punitive fashion that a problem is perceived and that the supervisor is available to help solve it. This action is not appealable.
ii. Documented Counseling: To communicate to the employee in writing that a repeat action may result in progressive discipline. A copy of this counseling is given to the employee and one copy is filed in the supervisor’s and Administrative Office’s working file for one year. The documented counseling will be removed from the supervisor’s and Administrative Office’s fi le and destroyed upon request f rom the employee after one year if approved by the Fire Chief. This action is not appealable.
(b) Formal Disciplinary Actions (punitive)
i. Written Reprimand: A written communication to the employee that an offense has been committed. This action may be appealed to the Fire Chief or his or her designee if so requested by the employee. The Chief or designee may uphold or modify the reprimand. A copy of this reprimand will be provided to the employee and the original will be filed in the employee's personnel file.
ii. Suspension Without Pay, Demotion, or Reduction in Pay: These disciplinary actions are subject to the Skelly procedures in Section B and the post - disciplinary procedures in Section C below.
iii. Disciplinary Termination : The final step in the progressive disciplinary process. Only the City Manager or his/her designee may dismiss any employee covered by this MOU.
iv. Although one or more of these steps may be taken in connection with a particular employee, no formal order or system is necessary. The City reserves the right to deviate from this policy when it feels that circumstances warrant such a deviation. The severi ty of the action depends on the nature of the offense and an employee's record, and may range from verbal counseling to immediate dismissal.
An employee serving an initial probationary period may be discharged without application of the disciplinary process and with no rights of appeal.
B. Pre-Disciplinary Procedures for Unpaid Suspensions, Reductions -in-Pay, Demotions and Disciplinary Terminations (Skelly Process)
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1. Prior to imposing a suspension without pay, reduction in pay, demotion, or disciplinary termination, the City shall first provide the employee with a written notice citing the reasons for the proposed action. The notice shall either be served personally to the employee or sent by Certified Mail, Return Receipt Requested, and shall notify the employee of his/her right to request a pre -disciplinary response meeting to determine if there is cause for the proposed disciplinary action. The notice shall specify whom the employee should contact to request the Skelly meeting. A request for a meeting must be made by the employee or his/her representative within ten (10) working days of receiving the notice of proposed discipline.
2. Upon receipt of the employee's request for a pre -disciplinary response meeting, the Skelly Officer shall notify the employee of the time, date, and location for the meeting. The Skelly Officer shall schedule the meeting with the employee and his/her representative, if any, within ten (10) working days of the receipt of the request for the meeting. Pre-disciplinary response meetings are to be conducted by the appropria te City official informally, and shall provide the employee with the opportunity to refute, explain, or otherwise address the proposed statement of charges. The Skelly Officer shall conduct the meeting and make a recommendation to uphold, modify, or overturn the proposed action within ten (10) working days of the meeting.
3. The appropriate City official is one who was not involved in the underlying cause of discipline in such a manner as to impair their impartiality. In such cases, the City Manager or his/her designee shall designate another City official to conduct the meeting.
C. Appeal Process for Unpaid Suspensions, Reduction -in-Pay, Demotions, or Disciplinary Termination
1. An employee subject to an unpaid suspension, reduction -in-pay, demotion, or dismissal after the pre -disciplinary meeting may appeal such action by filing a Notice of Request for Advisory Appeal with Human Resources. The appeal shall contain a full discussion of the reasons which the employee is asserting as justification of the appeal. The request must be received by Human Resources within ten (10) days after the employee received the written statement of disciplinary action.
2. Within thirty (30) days of filing the Notice of Request for Advisory A ppeal, the appealing party will obtain from the State Mediation and Conciliation Service (SMCS) a list of seven (7) arbitrators. The selection of the arbitrator from the list shall occur by each party alternately striking names from the list, with the appealing party striking the first name. The appealing party shall notify the SMCS of the arbitrator scheduled. In the alternative the parties may request that SMCS Docusign Envelope ID: 4E4F11ED-0E83-4A78-B721-148C089EA9CD 282
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appoint a State Administrative Law Judge (ALJ) to hear the appeal.
3. The arbitrator or ALJ shall conduct an evidentiary hearing in accordance with the American Arbitration Association Voluntary Arbitration Rules (arbitration) or the California Administrative Procedures Act (A PA). The decision of the arbitrator or ALJ shall be advisory only. The arbitrator's fees and costs shall be borne equally by the parties. The costs of the arbitrator's transcript, if jointly requested, shall also be borne equally by the parties . The cost of the ALJ shall be paid by the City. All other expenses incurred by either party in the preparation or presentation of its case are to be borne solely by the party incurring the expense. For purposes of this section, the parties shall be considered as the City of Rocklin and the Union, or if a grievant is representing himself or herself, the City of Rocklin and the grievant.
4. The arbitrator or ALJ shall prepare a written advisory decision which shall include a statement of the decision, the facts upon which it was based, and a full description of the remedies or corrections suggested. The written advisory decision shall be sealed and filed with the City Manager and appealing party. The City Manager may accept the advisory decision and order its implementation, may modify and implement the decision and any remedies or corrections suggested, or may reject the decision. The City Ma nager will provide a copy of the written advisory decision to the appealing party with the City Manager's decision within ten (10) days of receipt of the written advisory decision. The City Manager’s decision is appealable to the Placer County Superior Cou rt pursuant to California Code of Civil Procedure Section 1094.5.
ARTICLE 10. GRIEVANCE PROCEDURE
A. Purpose
1. The purpose of the following provisions is to set forth, simply and clearly, the provisions that shall govern the processing, hearing and decision on a grievance.
This Article supersedes that section of the City Personnel Rules entitled "Grievance Procedure."
2. The purposes of these procedures are to (1) resolve grievances informally at the lowest possible level; (2) provide an orderly procedure for reviewing and resolving grievances promptly; and (3) determine and correct, if possible, the cause of grievances.
B. Procedure
The Fire Chief may grant extensions to the deadlines stated in this procedure.
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Step 1. Informal Level
Within five (5) working days from the event giving rise to a grievance or from the date the employee could reasonably have been expected to have had knowledge of such event, the grievant or Union representative shall orally discuss the grievance with a Battalion Chief. The Battalion Chief shall have five (5) working days to provide a written response to the grievant.
An employee whose immediate supervisor is a Deputy Fire Chief shall discuss the grievance with the Deputy Fire Chief. The Deputy Fire chief shall have five (5) working days to provide a verbal response to the grievant.
Step 2. Formal Levels
Level 1
If a grievant is not satisfied with the resolution proposed at the informal level, he/she may within five (5) working days of the receipt of such answer file a formal written grievance with a Deputy Fire Chief which contains a statement describing the grievance, the section of the Agreement allegedly violated, and the remedy requested. The grievance shall be signed and dated by the grievant(s). The Deputy Fire Chief shall, within five (5) working days thereafter, give a written answer to the grievant.
An employee whose immediate supervisor is a Deputy Fire Chief will be deemed to have completed Step Level 1 (A) and be eligible to proceed to Level 2.
Level 2
If the grievant is not satisfied with the written response from the supervisor at Level 1, the grievant may, within five (5) working days from the receipt of such answer file a written appeal to the Fire Chief. Within ten (10) working days of receipt of the written appeal, the Fire Chief or his/her designee, shall investigate the grievance, which shall include a meeting with the concerned parties, and give a written answer to the grievant.
Step 3. Advisory Arbitration.
If the grievance is not resolved at Step 2, Level 2, the grievant may submit the grievance to advisory arbitration by filing a Notice of Request for Arbitration with Human Resources within five (5) working days of the receipt of the Fire Chief's written reply. Within thirty (30) days of filing the Notice o f Request for Arbitration, the appealing party will obtain from the State Mediation and Conciliation Service (SMCS), and submit to Human Resources, a list of names of seven (7) arbitrators. The selection of the arbitrator from the Docusign Envelope ID: 4E4F11ED-0E83-4A78-B721-148C089EA9CD 284
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list shall occur by each party alternately striking names from the list, with the appealing party striking the first name. The appealing party shall notify the SMCS of the arbitrator selected.
The arbitrator shall conduct an evidentiary hearing in accordance with the American Arbitration Association Voluntary Arbitration Rules. The decision of the arbitrator shall be advisory only. The arbitrator's fees and costs shall be borne equally by the parties. The costs of the arbitrator's transcript, if jointly requested, shall also be borne equally by the parties. All other expenses incurred by either party in the preparation or presentation of its case are to be borne solely by the party incurring the expense. For purposes of payment of fees and costs, the parties shall be considered as the City and the Union, or if a grievant is representing himself or herself, the City and the grievant.
The arbitrator shall prepare a written advisory decision which shall include a statement of the decision, the facts upon which it was based, and a full description of the remedies or corrections suggested. The arbitrator's decision shall be sealed and file d with the City Manager. The City Manager may accept the advisory decision and order its implementation, may modify and implement the decision and any remedies or corrections suggested, or may reject the decision. The City Manager will provide a copy of the arbitrator's decision to the appealing party with the City Manager's decision within ten (10) working days of receipt of the arbitrator's decision.
C. General Provisions
1. A grievant may withdraw a grievance at any level or at any time in the process by making notification in writing to Human Resources.
2. If a grievant fails to carry his/her grievance forward to the next level within the prescribed time period, the grievance shall be considered settled based upon the decision rendered at the most recent step completed.
3. If a supervisor or manager fails to respond with an answer within the given time period, the grievant may proceed to the next higher level.
4. The grievant may be represented by a person of his/her choice at any formal level of this procedure. The grievant shall be personally present at all stages of the grievance.
5. Designated Union Stewards or Representatives shall be allowed reasonable time to investigate any allegations of violations of this Agreement. Reasonable time is defined as three (3) hours; however, upon approval of Human Resources, additional time may be granted.
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6. Time limits and formal levels may be waived by mutual written consent of the parties.
7. Notice is deemed given by deposit in the U.S. Mail, postage paid, to the last known address of the addressee, or by personal delivery.
8. Proof of service shall be accomplished by certified mail or declaration of personal delivery.
9. All employees shall be free from retaliation or reprisal in any form resulting from use of these grievance procedures.
10. All materials pertaining to employee grievances shall be confidential between the employee and his/her representative, appropriate supervisory personnel, other directly involved employee(s), and appropriate City management personnel.
Records of grievance complaints and supporting documents shall be maintained in the Human Resources office separately from the employee's personnel files.
11. At all stages in the formal process, a written appeal must contain (1) the original written grievance, (2) the supervisor's response, and (3) a statement explaining why the grievant is not satisfied with the response.
ARTICLE 11. DRUG, ALCOHOL, AND SUBSTANCE ABUSE POLICY
A. Purpose
It is the policy of the City to maintain a drug -free workplace. It is the intention of this policy to eliminate substance abuse and its effects in the work place. While the City has no intention of intruding into the private lives of its employees, involvement with drugs and alcohol off the job can take its toll on job performance and employee safety. Our concern is that employees are in a condition to perform their duties safely and efficiently in the interest of their fellow workers and the public as well as themselves. The presence of drugs and alcohol on the job, and the influence of these substances on employees during working hours, are inconsistent with this objective.
Employees who think they may have an alcohol or drug usage problem are urged to voluntarily seek confidential assistance from the Employee Assistance Program Counselor. While the City will be supportive of those who seek help voluntarily, the City will be equally firm in identifying and disciplining those who do not seek help, or whose continued substance abuse either violates City rules or interferes in the employee's job performance.
This policy provides guidelines for the detection and deterrence of alcohol and drug abuse. It also outlines the responsibilities of City managers and employees. To that end, Docusign Envelope ID: 4E4F11ED-0E83-4A78-B721-148C089EA9CD 286
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the City will act to eliminate any substance abuse which increases the potential for accidents, absenteeism, substandard performance, poor employee morale, or damage to the City's reputation. Substance abuse includes the use of, or possession of legal or illegal drugs, alcohol or any other substance which could or does impair an employee's ability to perform his or her job safely, effectively, and efficiently.
All persons covered by this policy should be aware that violations of the policy may result in discipline, up to and including dismissal, and may subject an employee to required satisfactory participation in an approved substance abuse assistance or rehabi litation program. Applicants for employment with the City may not be hired for failure to follow these guidelines.
In recognition of the public service responsibilities entrusted to the employees of the City, and the fact that drug and alcohol abuse can hinder a person's ability to perform duties safely and effectively, the following policy against drug and alcohol abu se is hereby adopted by the City.
B. Policy
It is the City's policy that no employees shall:
1. Report to work under the influence of alcohol or drugs;
2. Possess drugs or alcohol while on duty or in uniform;
3. Sell, distribute or provide alcohol and/or drugs to any employee or person while on duty;
4. Have their ability to work impaired as a result of the use of alcohol or drugs.
In addition, employees whose ability to work or whose job performance is impaired as a result of off -the-job use of alcohol or controlled drugs will be in violation of this policy.
Employees who violate any of the conditions listed in A - D above or whose job performance is impaired by off-the-job substance abuse will be considered "abusers".
Use of medically prescribed medications and drugs, within the guidelines established by the employee's doctor, is not a violation of this policy. However, when taking medications or drugs which could foreseeably interfere with the safe and effective performance of duties or operation of City equipment, employees must notify their supervisor before beginning work. Failure to do so may result in discipline, up to and including dismissal. In the event there is a question regarding an employee's ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from a qualified physician may be required.
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The City reserves the right to search, without employee consent, all areas and property in which the City maintains control or joint control with an employee in accordance with applicable state and federal laws. A search of any container or property under joint control such as desks, cubicles and lockers may be conducted at any time providing that the City has reasonable suspicion that cause for the search exists, and that the employee is notified or if the employee is present or if the employee gives consent.
When reasonable suspicion exists that illegal drugs or alcoholic beverages are in any areas of joint control as described above, reasonable notice will be provided to the affected employee. At the time of notice of intent to search, the property container will be sealed and remain sealed until the search occurs. Such searches of property containers may be conducted by a sworn Police Officer or may be conducted by Department Heads or Mid - Managers with a Police officer present.
The affected employee and/or his/her employee organization representative shall be provided reasonable opportunity to be present at such searches.
The City may notify the appropriate law enforcement agency that an employee may have illegal drugs in his or her possession or in an area not jointly or fully controlled by the City.
Supervisory employees shall not physically search the person of employees, nor shall they search the purely personal possessions of employees without the freely given written consent of the employee. Purely personal possessions may be defined as the employee's purse, backpack, briefcase, personal transportation, or duty bag.
Refusal to submit immediately to an alcohol and/or drug analysis when requested by trained City supervisory employees may constitute insubordination and may be grounds for discipline. Disciplinary action may extend up to and including dismissal.
Employees reasonably believed to be under the influence of alcohol or drugs shall be prevented from engaging in further work, and shall be detained for a reasonable time until the employee can be safely transported home. Such employees will be placed on administrative leave with pay until a meeting can be held to determine their status.
The City is committed to providing reasonable accommodation to those employees whose drug and/or alcohol problem classifies them as disabled or handicapped under federal and/or state law.
The City has established an Employee Assistance Program (EAP) to assist those employees who voluntarily seek help for alcohol or drug problems. Employees should contact their supervisors or EAP counselor for additional information.
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Any City employee convicted of criminal drug statute violations (including a plea of nolo contendere) occurring in the work place must notify the City of the conviction within five (5) days after the conviction. This notification to the City will not relieve the employee from any disciplinary consequences of the conduct upon which the conviction is based.
Within thirty (30) days of such notice, the City will take appropriate action as to the employee.
The City shall notify federal agencies with which the City holds contracts or from which the City receives grants within ten (10) days of receiving notice that a City employee has been convicted of a criminal drug statute for a violation occurring within the workplace.
The City shall establish and maintain a drug -free awareness program to inform City employees about:
1. The dangers of substance abuse in the workplace.
2. The City's policy of maintaining a substance abuse-free workplace.
3. The availability of substance abuse counseling, rehabilitation and employee assistance programs.
4. The penalties that may be imposed upon employees for substance abuse violations occurring in the workplace.
C. Application
This policy applies to all employees represented by the Union, and to all applicants for positions with the City. This policy applies to alcohol and to all substances, drugs, or medications, legal or illegal, which could impair an employee's ability to effectively and safely perform the functions of the job.
In the event a dispute arises with respect to the application or interpretation of this policy, such dispute shall be grievable pursuant to the grievance procedure contained in Article 10 (Grievance Procedure) of this Agreement.
D. Employee Responsibility
An employee must:
1. Not report to work or be subject to duty while his/her ability to perform job duties is impaired due to on or off duty alcohol or drug use.
2. Not possess or use alcohol or impairing drugs (illegal drugs or misuse of Docusign Envelope ID: 4E4F11ED-0E83-4A78-B721-148C089EA9CD 289
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legally prescribed drugs) during work hours or while on breaks, during meal periods or at any time while on City property or in uniform.
Employees who are not at work, or on compensated on call, may be on City public property without being subject to this provision.
3. Not directly or through a third party knowingly sell or provide drugs or alcohol to any person, including any employee, while either employee or both employees are on City grounds, on duty, or subject to being called for duty.
4. Submit immediately to an alcohol and drug test when requested by an appropriate City supervisory employee.
5. Notify his/her supervisor, before beginning work, when taking any prescription or non -prescription medications or drugs about which the employee has reason to believe may interfere with the safe and effective performance of duties or operation of City equipment.
6. Provide, within twenty-four (24) hours · of request or as soon as possible thereafter, bona fide verification of a current valid prescription for any potentially impairing drug or medication identified when a drug screen/test is positive. The prescription must be in the employee's name.
7. Notify the City of any criminal drug statute conviction for a violation occurring in the work place no later than five (5) days after such conviction.
E. Management Responsibilities and Guidelines
1. Supervisory employees are responsible for reasonable enforcement of this policy.
2. Supervisory employees may request that an employee submit to a drug and/or alcohol test when a supervisory employee has a reasonable suspicion that an employee is under the influence of drugs or alcohol on the job or on compensated on call. "Reasonable suspicion" is a belief based on objective and articulable facts sufficient to lead a reasonably prudent supervisor to suspect that an employee is under the influence of drugs or alcohol so that the employee's ability to perform the functions of the job is impaired or so that the employee's ability to perform his/her job safely is reduced. For example, any of the following, alone or in combination, may constitute reasonable suspicion:
(a) Slurred speech;
(b) Alcohol odor on breath;
(c) Unsteady walking and movement;
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(e) Physical altercation;
(f) Verbal altercation;
(g) Unusual behavior;
(h) Possession of alcohol or drugs or drug paraphernalia; (i) Information obtained from a reliable person with personal knowledge; (j) Physical appearance such as sloppiness, disarray or red eyes; (k) Difficulty responding to simple questions such as time of day, location, etc. (l) Difficulty performing simple tasks such as counting, touching nose, etc.
3. Any supervisory employee requesting an employee to submit to a drug and/or alcohol test shall document in writing the facts constituting reasonable suspicion that the employee in question is under the influence of alcohol or drugs.
4. Any supervisory employee encountering an employee who refuses an order to submit to a drug and/or alcohol analysis upon request should remind the employee of the requirements and disciplinary consequences of this policy.
Where there is reasonable suspicion that the employee is under the influence of alcohol or drugs, the supervisory employee should detain the employee for a reasonable time until the employee can be safely transported home.
F. Physical Examination and Procedure
The drug and/or alcohol test may test for any substance which could impair an employee's ability to effectively and safely perform the functions of his/her job, including, but not limited to, prescription medications, heroin, cocaine, morphine and its derivatives, PCP, methadone, barbiturates, amphetamines, marijuana and other cannabinoids.
The testing process shall be one that is scientifically proven to be at least as accurate and valid as urinalysis using an immunoassay screening test (EMIT) with all positive screening results being confirmed utilizing Gas Chromatography/Mass Spectrometry (GC/MS) before a sample is considered positive.
After consulting with expert staff of the laboratory or laboratories selected to perform the testing, the City shall ensure that the test cutoff levels conform to the National Institute on Drug Abuse (NIDA) standards.
Test samples will be collected in a clinical setting, such as a laboratory collection station, doctor's office, hospital or clinic or in another setting approved by the City on the basis that it provides for at least an equally secure and professional collection process. The City shall specify procedures to ensure that true samples are obtained.
The City shall specify measures to ensure that a strict chain of custody is maintained for the sample from the time it is taken, through the testing process to its final disposition.
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Drug tests shall be performed by a laboratory selected based on its meeting standards that are the same or at least comparable in scope and rigor, as those used by the National Institute on Drug Abuse to certify laboratories engaged in urine drug testing f or federal agencies.
G. Employee Rights
Employees shall be entitled to representation during any interviews or discussions that could lead to a decision by the City to take adverse action against the employee, regardless of whether these interviews or discussions occur before or after the sample is taken. However, the employee may be ordered to take the test immediately, with or without representation.
The sample collection process shall include the opportunity for the employee to provide information about factors other than illegal drug use (such as taking legally prescribed medications) that could cause a positive test result.
The employee shall receive a full copy of any confirmed positive test results.
All confirmed positive samples shall be retained by the testing laboratory in secure frozen storage for one (1) year following the test. At the employee's request and expense, the sample may be retested by that laboratory or another laboratory of the emplo yee's choice.
H. Results of Drug and/or Alcohol Analysis
1. Pre-employment Physicals
(a) A positive result from a drug and/or alcohol analysis may result in the applicant not being hired where the applicant's use of drugs and/or alcohol could affect requisite job standards, duties or responsibilities.
(b) If a drug screen is positive at the pre-employment physical, the applicant must provide, within twenty -four (24) hours of request, bona fide verification of a valid current prescription for the drug identified in the drug screen. If the prescription is not in the applicant's name or the applicant does not provide acceptable verification, or if the drug is one that is likely to impair the applicant's ability to perform the job duties, the applicant may not be hired.
2. Existing Employees, Alcohol/Drug Tests
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action, up to and including termination.
(b) If the drug screen is positive, the employee must provide, within twenty -four (24) hours of request, bona fide verification of a valid current prescription for the drug identified in the drug screen. The prescription must be in the employee's name. If the employee does not provide acceptable verification of a valid prescription, or if the prescription is not in the employee's name, or if the employee has not previously notified his/her supervisor that he/she is taking a substance (prescribed or over-the-counter) that is likely to impair the employee's ability to perform his/her duties, the employee will be subject to disciplinary action, up to and including discharge.
(c) If an alcohol or drug test is confirmed positive for alcohol or drugs, the City shall conduct an investigation to gather all facts. The decision to discipline or discharge will be carried out in conformance with applicable and pertinent discipline procedures.
3. Confidentiality
Laboratory reports or test results shall not appear in an employee's general personnel folder. Information of this nature will be contained in a separate confidential file that will be kept securely under the control of the Human Resources Manager. The rep orts or test results may be disclosed to City management on a_ strictly need-to-know basis and to the tested employee upon request. Disclosures, without employee consent, may also occur when: (1) the information is compelled by law or by judicial or admini strative process; (2) the information has been placed at issue in a formal dispute between the employer and employee; (3) the information is to be used in administering an employee benefit plan; (4) the information is needed by medical personnel for the diagnosis or treatment of the employee who is unable to authorize disclosure.
SECTION VI-UNION RIGHTS
ARTICLE 1. UNION ACTIVITIES
A. The Union may place one bulletin board in each fire station for the purpose of communicating Union business to the membership.
1. Specific placement and size of such boards within a station shall be subject to the approval of the Fire Chief.
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board.
(b) The Fire Chief reserves the right to prohibit the posting and order the removal of material.
B. Two (2) members of the Executive Board or Grievance Committee shall be granted leave from duty with full benefits for all meetings and hearing between the City and the Union for the purposes of resolving a grievance when such meetings and hearings take place at a time during which such members are scheduled to be on duty. Time off shall be limited to one (1) hour prior to the scheduled meeting and one (1) hour after the scheduled meeting. The Fire Chief shall make the final determination as to staffing availability.
C. A maximum of two (2) members of the Negotiation Team shall be granted leave from duty with full benefits for the purposes of negotiating terms of an agreement when such meetings take place at a time during which such members are scheduled to be on duty.
Time off shall be limited to one (1) hour prior to the scheduled meeting and one (1) hour after the scheduled meeting. The Fire Chief shall make the final determination as to staffing availability.
D. The City will provide a cumulative total of one hundred and twenty (120) hours per year release time for Union representatives to attend training seminars, schools for training in labor-management relations and Union business.
E. Union Representative shall be defined as follows:
Local 522 Executive Board
Union President
Union Vice President
Union Treasurer
Union Secretary
Local 522 Negotiation Team
Vice President (Lead Negotiator)
Team Member #2
Team Member #3
Team Member #4
Team Member #5
Team Scribe
Local 522 Grievance Committee Members
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Designated Union Executive Board Members
Shop Steward A Shift
Shop Steward B Shift
Shop Steward C Shift
F. On February 1 of each year, the Union will provide the City with a list of Union representatives eligible to participate in training and Union business leave. Any Changes to the list must be reported to the City on a timely basis.
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SECTION VII - MISCELLANEOUS PROVISIONS
ARTICLE 1. MODIFIED/ALTERNATIVE DUTY ASSIGNMENTS
The provisions of the Administrative Guideline (AG) and Standard Operating Guideline (SOG) relating to Modified/Alternative Duty Assignments are incorporated by reference into this MOU.
The City and Union agree to meet and confer over any proposed changes to this AG and SOG.
ARTICLE 2. PHYSICAL FITNESS PROGRAM
The provisions of the Administrative Guideline (AG) and Standard Operating Guideline (SOG) relating to the Physical Fitness Program are incorporated by reference into this MOU. The City and Union agree to meet and confer over any proposed changes to this AG and SOG.
ARTICLE 3. TIME OFF REQUESTS
The City and Union are meeting and conferring over the Administrative Guideline (AG) and Standard Operating Guideline (SOG) relating to Time Off Requests. Once the City and Union reach agreement on this AG and SOG, they are incorporated by reference into t his MOU. The City and Union agree to meet and confer over any proposed changes to this AG and SOG.
ARTICLE 4. STAFFING, STATION ASSIGNMENTS, OUT -OF-CLASS ASSIGNMENTS, AND CALL BACK
A. Administrative Guidelines (AGs) and Standard Operating Guidelines (SOGs)
The AGs and SOGs related to Staffing, Station Assignments, Out-of-Class Assignments, and Call Backs are incorporated by reference into this MOU. The City and Union agree to meet and confer over any proposed changes to these AGs and SOGs.
B. Minimum Staffing
1. The City agrees that it shall maintain, on a daily basis, a minimum staffing on each Company consisting of one (1) Captain, one (1) Engineer, and one (1) Firefighter.
2. It is the intention of the City to maintain a minimum of three (3) Companies staffed at all times.
3. This requirement does not apply to temporary reductions within a twenty-four (24) hour shift, caused by such operational needs as a crew member transporting with an ambulance to the hospital, attending a business meeting, or cross-staffing of auxiliary apparatus such as brush units.
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4. A qualified person acting in the required rank may be used to satisfy this requirement as AG #209 defines the qualified positions of Company Officer, Engineer and Firefighter.
5. Temporary short-term reductions of said minimum staffing levels can be made after Call-Back procedures following AG and SOG #211 have been exhausted to meet the said minimum staffing levels. The Fire Chief and Union President, or an executive Board member, should be notified via text message, page, or email regarding the minimum staffing reduction.
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WHEREAS, the parties here to have entered into this Memorandum on the 12th day of August, 2025
CITY OF ROCKLIN
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Jack Hughes, Lead Negotiator
Liebert, Cassidy, Whitmore
Aly Zimmermann, City Manager
ROCKLIN FIREFIGHTERS, LOCAL 522
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Signed
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By: ��c2t:���
Trevor Jameson, President, Local 522
Larry Menth, Union Business Agent
Reso. No. 2025-XXX
Date
7/30/2025 I 11 :44 AM PDT
Date
7/29/2025 J 10:27 AM PDT
Date
7/28/2025 J 1 :42 PM PDT
Date
298
Classification Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Firefighter 85,967$ 88,976$ 92,090$ 95,313$ 98,649$ 102,102$ 105,675$ 109,374$ 113,202$ 117,164$ Fire Engineer 95,488 98,830 102,289 105,869 109,575 113,410 117,379 121,488 125,740 130,141 Fire Captain 109,154 112,975 116,929 121,021 125,257 129,641 134,179 138,875 143,735 148,766 Fire Battalion Chief-Line 129,099 133,618 138,294 143,135 148,144 153,329 158,696 164,250 169,999 175,949 Fire Marshal
CITY OF ROCKLIN
FIRE SALARY SCHEDULE
(Annual Salary)
Effective July 12, 2025
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EXHIBIT A
MEMORANDUM OF UNDERSTANDING
City of Rocklin
and
Rocklin Firefighters, Local 522
300
Reso. No. 2025-XXX
Memorandum of Understanding
CITY OF ROCKLIN
AND
ROCKLIN FIREFIGHTERS ,LOCAL 522
Term of Agreement
July 1, 2025 — June 30, 2028
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Reso. No. 2025-XXX
Table of Contents
SECTION I-GENERAL ........................................................................................................................ 5 ARTICLE 1. DEFINITIONS .......................................................................................................... 5 ARTICLE 2. EMPLOYEE RIGHTS ................................................................................................. 6 ARTICLE 3. RECOGNITION ....................................................................................................... 6 ARTICLE 4. TERM ................................................................................................................... 6 ARTICLE 5. PRIOR AGREEMENTS SUPERSEDED .......................................................................... 7 ARTICLE 6. PERSONNEL RULES ................................................................................................ 7 ARTICLE 7. CITY RIGHTS & RESPONSIBILITIES ............................................................................ 7 ARTICLE 8. COMPLETION OF BARGAINING................................................................................ 8 ARTICLE 9. SOCIAL SECURITY REOPENER ................................................................................... 8 ARTICLE 10. SEVERABILITY ....................................................................................................... 8 SECTION II-COMPENSATION ............................................................................................................. 9 ARTICLE 1. SALARIES ............................................................................................................... 9 ARTICLE 2. OUT OF CLASS PAY ............................................................................................... 10 ARTICLE 3. CERTIFIED PAY ..................................................................................................... 10 ARTICLE 4. EDUCATION INCENTIVE PAY .................................................................................. 11 ARTICLE 5. OVERTIME COMPENSATION .................................................................................. 12 ARTICLE 6. CALL BACK PAY ..................................................................................................... 13 ARTICLE 7. COURT/ DEPOSITION TIME .................................................................................... 14 ARTICLE 8. LONGEVITY PAY .................................................................................................... 14 ARTICLE 9. FIELD TRAINING OFFICER PAY ................................................................................ 15 ARTICLE 9. COMFORT CANINE HANDLE COMPENSATION AND ASSIGNMENT .............................. 15 SECTION III-BENEFITS AND REIMBURSEMENTS................................................................................. 15 ARTICLE 1. HEALTH AND OTHER BENEFITS .............................................................................. 15 ARTICLE 2. STATE DISABILITY INSURANCE ............................................................................... 19 ARTICLE 3. FLEXIBLE SPENDING PLAN ..................................................................................... 19 ARTICLE 4. RETIREMENT BENEFITS ......................................................................................... 20 ARTICLE 5. RETIREE HEALTH BENEFITS .................................................................................... 21 ARTICLE 6. DEFERRED COMPENSATION .................................................................................. 22 ARTICLE 7. UNIFORM ALLOWANCE ......................................................................................... 22 ARTICLE 8. TUITION REIMBURSEMENT.................................................................................... 22 ARTICLE 1. VACATION ........................................................................................................... 25 ARTICLE 2. HOLIDAYS ............................................................................................................ 26 ARTICLE 3. SICK LEAVE .......................................................................................................... 27 ARTICLE 4. BEREAVEMENT LEAVE ........................................................................................... 29 ARTICLE 5. FAMILY CARE AND MEDICAL LEAVE ........................................................................ 30 ARTICLE 6. JURY DUTY ........................................................................................................... 31 ARTICLE 7. MILITARY LEAVE ................................................................................................... 31 SECTION V-TERMS & CONDITIONS OF EMPLOYMENT ....................................................................... 32 ARTICLE 1. PROBATIONARY PERIOD ........................................................................................ 32 ARTICLE 2. EMPLOYEE PERFORMANCE EVALUATIONS/ STEP INCREASES .................................... 33 ARTICLE 3. SAFETY EQUIPMENT ............................................................................................. 34 ARTICLE 4. HOURS OF WORK ................................................................................................. 34 ARTICLE 5. OFF-DUTY/ OUTSIDE EMPLOYMENT ....................................................................... 35 ARTICLE 6. LAYOFF ................................................................................................................ 35 ARTICLE 7. RESIDENCY REQUIREMENT .................................................................................... 37 302
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ARTICLE 8. DEPARTMENT RULES ............................................................................................ 37 ARTICLE 9. DISCIPLINARY ACTION ........................................................................................... 37 ARTICLE 10. GRIEVANCE PROCEDURE ..................................................................................... 40 ARTICLE 11. DRUG, ALCOHOL, AND SUBSTANCE ABUSE POLICY ................................................. 43 ARTICLE 1. UNION ACTIVITIES ................................................................................................ 50 SECTION VII - MISCELLANEOUS PROVISIONS .................................................................................... 53 ARTICLE 1. MODIFIED/ALTERNATIVE DUTY ASSIGNMENTS ........................................................ 53 ARTICLE 2. PHYSICAL FITNESS PROGRAM ................................................................................ 53 ARTICLE 3. TIME OFF REQUESTS ............................................................................................. 53 ARTICLE 4. STAFFING, STATION ASSIGNMENTS, OUT-OF-CLASS ASSIGNMENTS, AND CALL BACK .. 53
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MEMORANDUM OF UNDERSTANDING
CITY OF ROCKLIN AND ROCKLIN FIREFIGHTER'S,LOCAL 522
Rocklin Firefighters, Local 522
ENTERED into this 12th day of August , 2025 by the CITY OF ROCKLIN, a municipal corporation of the State of California (hereinafter referred to as "City") and the ROCKLIN FIREFIGHTER'S, LOCAL 522 (hereinafter referred to as "Union") as follows:
RECITALS
Parties hereto have met and conferred in good faith pursuant to the provisions of the Meyers - Milias-Brown Act of the State of California and the Employer -Employee Relations Policy of the City.
Parties hereto wish to memorialize their understanding concern ing those wages, hours, and terms and conditions of employment which were the object and subject of such meet and confer sessions.
NOW, THEREFORE, the parties hereto do adopt this Memorandum of Understanding (hereinafter referred to as "MOU") as follows:
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SECTION I-GENERAL
ARTICLE 1. DEFINITIONS
A. Base Rate – The employee's hourly rate, with no additional incentives.
B. CalPERS Member (Classic) – These are employees who are CalPERS members, and meet the definition of a Classic Member as determined by CalPERS.
C. CalPERS New Member (PEPRA) – These are employees who are CalPERS members hired on or after January 1, 2013, and meet the definition of a PEPRA Member as determined by CalPERS.
D. City – The City of Rocklin.
E. Day – A period of time between any midnight and the midnight following unless defined differently in a particular article or section.
F. Employee – Those employees covered by the City of Rocklin under this MOU.
G. Grievance (Pursuant to Article 10, Grievance Procedure) – A claimed violation, misapplication, or misinterpretation of a specified provision of this MOU which adversely affects the grievant or a perceived violation of the employees' rights under the Meyers - Milias-Brown Act.
H. Grievant (Pursuant to Article 10, Grievance Procedure) – An employee in the Union who is filing a grievance as defined above. Alleged violations, misapplications or misinterpretations which affect more than one employee in a substantially similar manner may be consolidated at th e discretion of management as a group grievance and thereafter represented by a single grievant.
I. Meyers-Milias-Brown Act (M.M.B.A.) – Chapter 10 of Division 4 of Title 1 of the Government Code, commencing with Section 3500, having to do with employer employee relations as the same reads or as it may be amended to read.
J. MOU – This Memorandum of Understanding.
K. Overtime Hours – Hours worked in excess of the regular schedule. Overtime hours may include shift extension, extra shift assignment, and special assignment.
L. Overtime Rate – The employee's base rate plus any special forms of compensation.
M. Personnel Rules – The rules and regulations for personnel and employees of the City, as 305
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adopted and amended by the City Council.
N. Premium Pay – One half of the employee's overtime rate.
O. Reasonable Suspicion (Pursuant to Article 11, Drug, Alcohol, and Substance Abuse Policy) – A belief based on objective and articulated facts sufficient to lead a reasonably prudent supervisor to suspect that an employee is under the influence of drugs or alcohol so that the employee's ability to perform the functions of the job is impaired or so that the employee's ability to perform his/her job safely is reduced.
P. Skelly Officer – The appropriate City official.
Q. Supervisor – The individual who is directly responsible for the day -by-day assignment, review of performance, and direction of the work of an employee.
R. Union – Rocklin Firefighter's, Local 522.
S. Union Business – Approved Union/City business th at is directly related to the City’s Employer/Employee Resolutions.
T. Working Day – A day the City Manager's office is open for business.
ARTICLE 2. EMPLOYEE RIGHTS
The provisions of the MOU shall be applied equally to all employees without favor or discrimination because of race, color, creed, age, sex, marital status, national origin, ancestry, political or religious opinions or affiliations or physical or mental disability.
The parties to the MOU recognize and acknowledge the Firefighter Bill of R ights (Government Code Sections 3250-3262), as it relates to firefighter personnel within the City of Rocklin.
This section is not grievable.
ARTICLE 3. RECOGNITION
The City recognizes the Union as the exclusive representative for full -time employees that are assigned to the classifications of Fire Battalion Chief, Fire Captain, Fire Engineer, and Firefighter..
ARTICLE 4. TERM
This MOU shall be effective July 1, 2025, and shall remain in full force and effect through June 30, 2028. This MOU may be extended beyond June 30, 2028 by mutual agreement of the parties.
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ARTICLE 5. PRIOR AGREEMENTS SUPERSEDED
This Agreement is intended as a MOU setting forth in full the entire agreement between the City and the Union regarding the matters covered hereby. All prior MOUs or agreements concerning the subjects of this MOU shall be null and void. All rights, privileges, and benefits not expressly changed by this MOU remain unchanged.
ARTICLE 6. PERSONNEL RULES
The Personnel Rules of the City are no longer incorporated within this MOU. The City agrees to meet and confer with the Union over any proposed change to the wages, hours, and working conditions of employees in the bargaining unit prior to presenting it to the City Council for consideration, approval, and adoption.
ARTICLE 7. CITY RIGHTS & RESPONSIBILITIES
City retains, solely and exclusively, all the rights, powers , and authority exercised and held prior to the execution of this MOU, except as expressly limited by a specific provision of this MOU.
Without limiting the generality of the foregoing, the rights, powers, and authority retained solely and exclusively by City an d not abridged herein, include but are not limited to the following, subject to the requirements of this MOU and/or any provision of law whether it be statutory or judicial:
To manage and direct its business and personnel; to manage, control, and determine the mission of its departments, building facilities and operations; to create, change, combine or abolish jobs, departments and facilities in whole or in part; to subcontract or discontinue work for economic or operational reasons; to increase or decreas e the work force and determine the number of employees needed; to hire, transfer, promote and maintain the discipline and efficiency of its employees, to establish work standards, schedules of operation and reasonable work load; to specify or assign work requirements and require overtime; to schedule working hours and shifts; to adopt rules of conduct and penalties for violation thereof; to determine the type and scope of work to be performed and the services to be provided; to determine the methods, processes, means, and places of providing services and to take whatever action necessary to prepare for and operate in an emergency.
Nothing in this section shall be construed to limit, amend, decrease, revoke, or otherwise modify the rights vested in the City by any law regulating, authorizing or empowering the City to act or refrain from acting.
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ARTICLE 8. COMPLETION OF BARGAINING
A. Waiver
The parties mutually agree that during the term of the MOU, they unqualifiedly waive the right to and will not seek to negotiate or bargain wages, hours and terms and conditions of employment whether or not covered by this MOU or in the negotiations leading thereto and irrespective of whether or not such matters were discussed or were even within the contemplation of th e parties hereto during the negotiations leading to the MOU. Regardless of the waiver contained in this Article, the parties may, by mutual agreement, in writing, agree to meet and confer about any matter during the term of this MOU.
B. Prohibition of Concerted Actions
The parties to this MOU recognize and acknowledge that the services performed by the City employees covered by this MOU are essential to the public health, safety, and general welfare of the residents of this jurisdiction. Rocklin Firefighter' s, Local 522 (RFF) agrees that under no circumstances during the term of this MOU will the RFF recommend, encourage, cause or permit its members to initiate, recognize, or participate in any strike, sit-down, stay -in, sick -out, slow -down, (herein after collectively referred to as a work stoppage), or picketing related to collective bargaining matters, in any office or department of this jurisdiction, that would curtail any work, restrict any production, or interfere with any operation of the City. In the event of a work stoppage by any member of the bargaining unit, the City shall not be required to negotiate on the merits of any dispute, which may have given rise to such work stoppage until said work stoppage has ceased.
ARTICLE 9. SOCIAL SECURITY REOPENER
Should the Federal government or a court of competent jurisdiction determine that Social Security is applicable to employees of public agencies, the City and the Union agree to meet and confer promptly to determine ways to mitigate the cost impa ct of the mandate on the City and the employee.
ARTICLE 10. SEVERABILITY
If any provision of this MOU or the application of such provision to any persons or circumstances shall be held invalid, the remainder of this MOU or the application of such provisi on to persons or circumstances other than those as to which it is held invalid shall not be affected thereby.
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SECTION II-COMPENSATION
ARTICLE 1. SALARIES
A. Survey Agencies
The parties agree that the following agencies will be used for salary surveys:
Sacramento Metropolitan Fire District City of Roseville City of Lincoln So. Placer Fire Protection District City of Davis City of West Sacramento
City of Folsom City of Woodland
City of Yuba City
B. Salaries
1. During the term of this Agreement, salaries for all classifications will be adjusted as follows:
Effective Adjustment
July 12, 2025 2.0 % base salary adjustment
First full pay period of July 2026 2.0% base salary adjustment First full pay period of July 2027 2.0% base salary adjustment First full pay period of January 2028 1.0% base salary adjustment
C. Salary Schedules
The salary schedules for each job classification in the Rocklin Firefighter's ,Local 522 bargaining unit are set forth in the Base Salary Step Schedule of this Agreement. It is understood that implementation of any salary increase may vary slightly due to the impact of rounding.
Effective the first full pay period in July 2022, the Salary Schedule shall consistent of ten (10) steps (1 through 10). Each step shall be approximately 3.5% higher than the previous step.
D. Salary Upon Promotion
Upon promotion, an employee shall be placed at a step in the new salary range that provides a minimum salary increase of 10% of their base compensation unless such increase exceeds the maximum of the salary range for the new position. In that case, the 309
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employee will be placed at the top step of the new salary range. Promotions shall become effective at the beginning of a pay period.
ARTICLE 2. OUT OF CLASS PAY
A. When it is required to meet operational needs that an employee perform a majority of the essential duties of a position in a higher classification, payment for such out of - classification work shall be five percent (5%) above the base rate of the employee ’s current step only while working in the out-of-class assignment.
B. Eligibility to receive out of class compensation for working in a higher classification shall be subject to the following conditions:
1. The assignment to work out of class must be made by the Fire Chief or his/her designee.
2. Employees receiving out of class compensation must be qualified to perform in the higher classification and must have a completed Department task book for the higher classification signed by the Fire Chief or the Fire Chief’s designee.
3. Employees who are selected to work in an out of class position have been thoroughly tested and certified by the City and are qualified to serve in that position. Said employees will be eligible to receive out of class compensation upon being assigned to perform in such position. All hours assigned and worked in the higher classification shall be paid as in Section I above.
ARTICLE 3. CERTIFIED PAY
A. Regular full-time employees hired prior to February 1, 2014 who hold a current EMT 1 certificate shall receive additional compensation in the amount of one -hundred dollars ($100.00) per month (forty -six dollars and fifteen cents [$46.15] per pay period). T his additional compensation shall only be paid while such employee's certification is current with the local EMS Agency (LEMSA) and in effect, and is contingent upon verification of the certification.
B. In addition to being paid the same monthly salary as a Firefighter in accordance with the salary schedule in effect between the City and the Union, regular Firefighter/Paramedics who are required to hold a current paramedic certificate shall receive additional compensation in the amount of six -hundred and fifty dollars ($650) per month ( three hundred dollars [$300] per pay period). Regular Fire Battalion Chiefs, Fire Captains, Fire Engineers, and Firefighters who are authorized to hold a paramedic certification shall receive additional compensation in the amount of five -hundred ($500) per month (two - hundred and thirty dollars and sev enty-seven cents [$230.77] per pay period). This additional compensation shall only be paid while such employee's certification is current 310
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with the local EMS Agency (LEMSA) and in effect, and is contingent upon verification of the certification. Employees who are receiving paramedic pay are not eligible for EMT pay.
The employee shall pay the costs of paramedic recertification from the State of California.
The City shall pay for additional associated costs of maintaining the paramedic certification.
ARTICLE 4. EDUCATION INCENTIVE PAY
A. Each employee shall be eligible for education incentive pay. The employee will be paid in each biweekly payroll. Payment of education incentive will begin effective the first day of the pay period following the date of the award of the certificate or degree, provided the Human Resources Office receives timely notification and acceptable proof of such award as described below. If notification and acceptable proof are not filed within the timelines herein specified, payment of education incentive will begin effective the first day of the pay period following receipt of the appropriate documentation in the Human Resources Office.
B. For Company Officer and Chief Officer certificates, proof that all of the required coursework has been completed for the respective certificate will be considered acceptable proof of accomplishment.
C. For college degrees, a certified copy of the college transcripts or a copy of the diploma will be considered acceptable proof of accomplishment. In order to be considered timely in giving notice for education incentive, the employee must submit a memo to the Human Resources Office notifying the City of his/her intention to apply for education incentive within thirty (30) days following the end of the semester or quarter in which the degree was earned. If such timely notice is given education incentive pay shall be retroactive to the date of the accomplishment.
D. It is the responsibility of each employee to notify Human Resources of his/her eligibility for education incentive and to provide the appropriate documentation in accordance with the above.
E. Each employee is eligible for education incentive pay as listed below:
Associate's Degree or 60 Units $275.00/Mo.
Bachelor's Degree $325.00/Mo.
Master's Degree $350.00/Mo.
Company Officer Certificate $75.00/Mo.
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Chief Officer Certificate $125.00/Mo.
The incentive pay for degrees, certificates, and units listed above is non-cumulative, and is paid at the highest rate for which an employee is eligible. Employees who are eligible for incentive pay for degrees and units listed above and who possess a Company Officer or Chief Officer certificate, will be eligible to receive both the degree or unit incentive and the certificate incentive.
ARTICLE 5. OVERTIME COMPENSATION
The City has adopted the twenty -four (24) day work period for Fire safety employees subject to the FLSA. This was adopted pursuant to Section 207(k) of the Code.
A. Premium Pay
1. Under the twenty-four (24)-hour shift schedule outlined in Article 4 (Hours of Work) in this MOU, the hours scheduled to be worked in each work period will be one hundred ninety-two (192) hours. Overtime premium pay at one- half the overtime rate will be paid for all hours in paid status in excess of one hundred eighty-two (182) hours in the work period. All time with the exception of overtime, will be used to reach the one hundred eighty-two (182) hour ceiling. The premium pay shall be calculated and paid in the pay period in which the 24 -day work period ends. Credit for hours worked during a voluntary shift trade will be given to the employee originally assigned to the shift.
2. When an employee is out on industrial leave and receiving salary continuation as required by Labor Code 4850, the employee will be compensated at his or her regular 4850 rate, and will not receive premium pay.
B. Overtime Pay
1. Overtime hours shall be defined as hours worked in excess of the regular schedule.
Overtime hours may include:
(a) Shift Extension (before or after shift)
(b) Extra shift assignment
(c) Special assignment
Overtime hours will not be paid for voluntary shift trades.
2. Overtime hours shall be paid at the rate of one and one-half (1.5) times the overtime rate. 312
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Overtime shall be paid for all time worked while assigned to work in accordance with II.
A. 1., 2., or 3., above. Overtime hours shall be paid with the pay period in which it was earned.
3. For non-exempt classifications assigned to eight (8) hour shifts, all hours worked in excess of forty (40) hours per week in paid stat us shall be considered overtime and shall be paid at an overtime rate.
4. When an employee is out on industrial leave and receiving salary continuation as required by Labor Code 4850, the employee will be compensated at his or her regular 4850 rate, and will not receive overtime pay.
C. Strike Team Pay
All Personnel will be compensated (portal to portal) beginning at the time of dispatch to their return to jurisdiction when equipment and personnel are in service and available for agency response. This agreemen t will apply to all personnel dispatched to the incident regardless of their assignment. Examples include, but not limited to, assignments such as a fire line medic, as overhead assignment or directly on the fire line. While on a strike team deployment, pe rsonnel will be compensated at their regular rate during their normally assigned shifts and at the overtime rate on days which they are not normally assigned.
ARTICLE 6. CALL BACK PAY
When an employee is called back to work outside of and not continuous with his scheduled shift, the employee shall receive a minimum of three (3) hours pay at one and one-half (1.5) times their overtime rate. Should the call back continue beyond three (3) hours, additional time shall be credited in one-half (1/2) hour increments.
Employees who receive a mandatory call back to duty after there has been at least a fifteen (15) minute elapsed period since the end of their prior shift shall be entitled to be compensated for a minimum period of three (3) hours at one and one -half (1.5) times their overtime rate. An employee will be paid for all time worked in excess of the three (3) hour minimum at one and one-half (1.5) times his/her overtime rate.
Employees who respond to a non-mandatory call back to duty will be paid for all time worked as a result of the call back at one and one-half (1.5) times their overtime rate.
Employees who unilaterally choose to return to duty as responders shall not be entitled to the three (3) hour minimum call back provision. They will, however, be compensated at the overtime rate for all time worked as a responder.
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Voluntary shift -trades arranged between employees are not subject to call -back pay nor to overtime compensation.
Employees shall be selected for call-back assignments at the discretion of the Fire Chief or his/her designee.
Mandatory Call Back:
For purposes of this section, call back is mandatory under the following circumstances:
A. In case of emergency or potential emergency, as determined by the City Manager, Fire Chief or designee.
B. To maintain staffing in accordance with the City's adopted level of service.
All other call backs are considered non-mandatory.
ARTICLE 7. COURT/ DEPOSITION TIME
When a court/deposition appearance is required on a job -related matter, the employee will be compensated as follows:
A. If the court/deposition appearance is on a regularly scheduled shift, the employee will be compensated as if on regular job assignment;
B. If the court/deposition appearance is on a non-scheduled shift day, the employee will be compensated at the rate of one and one-half (1.5) his/her overtime rate of pay with a minimum compensated time of four (4) hours.
C. If a court/deposition appearance scheduled on a non -shift day is canceled with less than sixteen (16) hours' notice, the employee will be compensated for two (2) hours at an overtime rate (one and one-half [1.5] times the defined overtime rate).
D. If a court/deposition appearance is on a day when the employee is out on industrial leave and receiving salary continuation as required by Labor Code 4850, the employee will be compensated at his or her regular 4850 rate.
ARTICLE 8. LONGEVITY PAY
Employees will receive longevity pay after completing twenty (20) years of service with the Fire Department in the amount of two and one-half percent (2.5%) calculated on their base hourly rate of pay beginning the pay period following completing twenty years of service. 314
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ARTICLE 9. FIELD TRAINING OFFICER PAY
Paramedics will receive Field Training Officer (FTO) training designated by the Fire Chief. Once trained, Paramedics will receive additional compensation in the amount of five percent (5%) of their base hourly rate of pay for all hours the Fire Chief or D eputy Fire Chief direct them to function as an FTO and train their assigned trainee.
ARTICLE 10. COMFORT CANINE HANDLE COMPENSATION AND ASSIGNMENT A. Food, special food supplements, equipment and maintenance including all veterinary, medical expenses, medications, training, crates and bedding, leashes and harnesses, toys, grooming, treats, medical insurance, and upkeep related costs will be provided by the Hearts 4 Heroes Foundation unless the City becomes the owner of the canine, at which time the City will become responsible for these expenses. The City will not reimburse a canine handler for expenses associated with the canine and it is the City’s understanding that Hearts 4 Heroes will not reimburse for these expenses unless they were pre - approved in-writing.
B. The lead comfort canine handler will be compensated for thirty (30) minutes each day of off-duty time caring for the canine. The handler will be compensated for this time at time and one-half of the employee’s base hourly rate of pay for each off -duty day of canine care, except on off-duty days when a secondary handler cares for the canine. The handler will also be compensated at one -half of t he employee’s base hourly rate of pay for all mandatory canine related training at the approval of the Fire Chief or his/her designee.
C. When a City employee serves as a secondary comfort canine handler, they will be compensated for thirty (30) minutes each day of off-duty time caring for the canine. The secondary handler will be compensated for this time at time and one -half of the employee’s base hourly rate of pay for each off-duty of canine care. When not caring for the canine due to being on leave or otherwise not available during off-duty days, the lead handler shall not receive handler compensation. Both the lead and secondary handl er shall not be compensated for the same calendar day.
D. The lead comfort canine handler must be on the Peer Support Team.
E. When the comfort canine is retired from duty the lead comfort canine handler will assume full ownership of the canine and will pay all future costs.
SECTION III-BENEFITS AND REIMBURSEMENTS
ARTICLE 1. HEALTH AND OTHER BENEFITS
A. Availability and Eligibility
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The City agrees to offer insurance benefits covering medical, dental, vision, life and AD&D for those employees who are qualified in accordance with plan specifications. Dependent coverage will be offered only on the medical, dental, and vision plans. The City shall continue to o ffer r etirees to receive medical benefits pursuant to Public Employee Retirement System ( PERS) Health Benefits Division regulations. Eligibility for premium contribution for retiree health benefits shall be governed by Article 5 – Retiree Health Benefits.
B. Selection of Carriers
The employee shall choose a medical insurance plan from those plans offered by the City and made available in this geographic area through the Health Benefits Division of PERS.
The dental, vision, life and AD&D insurance plans sh all be selected by the City. The City reserves the right to change carriers at any time, provided that the plan benefits to unit members are substantially the same or better.
C. Premiums
1. Vision
The City shall pay up to the entire premium cost for family level coverage.
2. Life and Accidental Death and Dismemberment
The City shall provide basic life and accidental death and dismemberment insurance in the amount of $50,000
3. Medical Plan
The City offers eligible employees enrollment in a CalPERS medical plan under the Public Employee’s Medical and Hospital Care Act (PEMHCA).
From July 1, 2025 until the end of the 2025 benefit year, or as soon as the City can administratively start based on CalPERS’s approval, the City will make a direct monthly contribution towards the premium cost for the PEMHCA medical insurance plan and coverage level selected by each participating employee up to a maximum of $1,200 per month. Employees shall be responsible for the difference in any monthly premium cost for the medical insurance plan and coverage level selected that exceeds the City’s direct contribution. To the extent a participant does not utilize the entire $1,200 toward medical premiums, the remainder shall be retained by the City and shall not be cashed out or applied to other benefits.
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Commencing January 1, 2026 the City will make a direct monthly contribution towards the premium cost or the PEMHCA medical insurance plan and coverage level selected by each participating in an amount equal to the current PEMHCA minimum. The PEMHCA minimum is prescribed by Government Code section 22892 and adjusted annually by CalPERS. The City will also provide a separate cafeteria plan contribution described in Section 5 of this Article.
4. Dental Premiums
The City shall pay for an eligible employee’s dental premiums up to the PPO Basic Dental Plan at the family level coverage.
Employees who select the Dental Plan -PPO enhanced option ($1,500 calendar year maximum) shall pay the differen ce in any monthly premium cost for dental coverage that exceeds the City’s direct contribution. Such payments may be made pre-tax through payroll deductions over twenty-four (24) benefit pay periods.
5. Cafeteria Plan
The City maintains a cafeteria plan, pursuant to Section 125 of the Internal Revenue code and related regulations, for the purposes of offering employees access to various health and welfare benefits.
All eligible employee must enroll in one of the PEMHCA medical plans unless they submit to the City satisfactory proof of alternative medical insurance coverage that meets the eligible opt-out arrangement requirements listed below.
From July 1, 2025 until the end of the 2025 benefit year, or as soon as the City can administratively start based on CalPERS’s approval of the PEMHCA minimum contribution, the City shall contribute one hundred and fifty ($150) per month (" Flex Dollar") on behalf of each employee eligible to participate in the City's cafeteria plan. Participants in the cafeteria plan may allocate their Flex Dollars to any of the qualified benefits, including medical or dental premiums, offered by the city under the Section 125 plan document. Flex Dollars may not be cashed out.
Commencing January 1, 2026 or as soon as the City can administratively start based on CalPERS approval of the PEMHCA minimum contribution, for full -time regular employees, the City will provide a cafeteria plan contribution for the employee’s PEMHCA medical plan set at 100% of the Kaiser plan at the employee plus one coverage level ($2,225.80 for 2025 (Kaiser employee +1 tier)), minus the PEMHCA minimum contribution. For part -time regular employees the City will make a cafeteria plan contribution for the employee’s PEMHCA medical plan at a pro-rated percentage of the Kaiser employee + 1 tier equivalent to the fraction of the FTE position authorized by the City Council, minus the PEMHCA minimum 317
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contribution.
Any increases to the PEMHCA minimum contribution during the term of this contract will result in a corresponding decrease to the amount of the additional City cafeteria plan contribution, so that the total maximum City contribution to the cafeteria plan and to CalPERS directly never exceeds the Kaiser em ployee +1 tier premium described above.
The City contribution to the cafeteria plan shall be adjusted annually based on the January 1 premium payment for the Kaiser employee + 1 tier in the manner described below.
The City will pay 100% of the 2026 Kaiser employee +1 tier. The City will pay eighty percent (80%) of the health insurance premium increase starting with the plan year 2027. The employees will pay twenty percent (20%) of the health insurance premium increase, if any, starting in plan year 2027.
In the event an employee subscribes to a PEMHCA medical plan with a lower monthly premium than that of the Kaiser employee + 1 tier, the City will pay up to but not more than 100% of the premium for that plan. If the employee selects a PEMHCA medical plan with a higher monthly premium, then the employee will pay the balance.
In the event an employee 1) subscribes to a PEMHCA medical plan with a lower monthly premium than that of the Kaiser employee + 1 tier or 2) declines the City medical insurance and takes the Health opt out, the employee shall only be eligible to use a maximum of $150 toward purchasing other health benefits under the cafeteria plan, including the Health Flexible Spending Plan.
In no event shall the cafeteria dollars have cash value.
D. Payroll Deduction
Employees who elect benefits that require payment of premiums or contributions beyond the City’s contributions authorize that the additional amount shall be paid through a biweekly payroll deduction.
E. Health Coverage Reduction Incentive
Employees who choose to decline the City’s health coverage must provide certification of other coverage that meets all the eligible opt-out arrangement requirements below. Participants in the program will receive their share of the cost savings as taxable income.
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Participants in the program will receive benefits as follows:
Eligibility Categories Maximum Monthly Payment
No Health – Minimum Required
Coverage (Dental, Vision &Life for
Employee Only
$350.00
No Health – Minimum Required
Coverage (Dental, Vision, & Life) for
Employee + One and Family
$325.00
The employee must have minimum essential coverage ("MEC") through another source (other than coverage in the individual market, whether or not obtained through Covered California);
The employee and all individuals in the employee’s expected tax family have (or will have) the required minimum essential coverage. An employee’s expected tax family includes all individuals for whom the employee reasonably expects to claim a personal exemption deduction for the taxable year(s) that cover the employee's plan year to which the opt - out arrangement applies;
The employee must provide reasonable evidence of the MEC for the applicable period to the Human Resources Divis ion. Reasonable evidence may include an attestation by the employee;
The employee must provide the evidence/attestation every plan year; The employee must provide the evidence/attestation no earlier than a reasonable time before coverage starts (e.g. open enrollment). The evidence/attestation may also be provided within a reasonable time after the plan year starts; and The opt-out payment cannot be made (and the City must not in fact make payment) if the City knows or has reason to know that the employee or a tax family member does not have the alternative coverage.
ARTICLE 2. STATE DISABILITY INSURANCE
The City agrees to pay the employee's liability for State Disability Insurance through the term of the MOU.
ARTICLE 3. FLEXIBLE SPENDING PLAN
The City will continue to make available to employees a Health Flexible Spending Plan and Dependent Care Flexible Spending Plan established pursuant to IRS Section 125. The Health Flexible Spending plan allows eligible employees to set aside up to the maximum amount allowed 319
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under IRS Section 125 per year pre-tax income to pay for costs associated with health insurance premiums and health costs not covered under the benefits plan. The Dependent Care Flexible Spending Plan also allows the employee to set aside pre-tax income to pay for costs of child care and adult dependent care. Employees may choose to enroll in the Health Flexible Spending Plan and/or the Dependent Care Flexible Spending Plan annually during the open enrollment period for the coming calendar year. Participants must pay the monthly cost to fund the plan(s) by authorizing biweekly pre-tax payroll deductions.
ARTICLE 4. RETIREMENT BENEFITS
A. Classic Employees
These are employees who are CalPERS members, and meet the definition of a Classic Member as determined by CalPERS.
B. Classic Employees Retirement Plan
The City agrees to maintain membership and continue to contract with the State of California Public Employees Retirement System (CalPERS) for the 3% @ 50 plan for safety employees with the following additional contract provisions as found in the following sections of the California Government Code pertaining to PERS (Title 2, Division 5):
Section 20965, Credit for Unused Sick Leave
Section 21574, 1959 Survivor's Benefit, Fourth Option Section 20042, One Year Final Compensation
C. Classic Employees Retirement Contribution
Effective July 7, 2018, the employee shall contribute three percent (3.0%) of his/her CalPERS reportable compensation towards the employer's retirement contribution for a total of twelve percent (12.0%) of the employee's CalPERS reportable compensation.
D. PEPRA Employees Retirement Plan (Hired on or after 1/1/13)
These are employees hired on or after January 1, 2013, who have never been a CalPERS member, have not been a CalPERS member in the past 180 days, and do not meet the definition of a Classic member as determined by CalPERS.
E. PEPRA Employees Retirement Plan
For PEPRA safety employees the City agrees to maintain membership and continue to contract with the State of California Public Employees Retirement Syst em (CalPERS) for the 2.7% @ 57 plan for safety employees as required by law, with the following options:
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1959 Survivors' Benefit, Fourth Option, Section 21574 Credit for Unused Sick Leave, Section 20965
Average of Three Highest Years of Service Compensation, Section 20037 as required by law
F. PEPRA Employees Retirement Member Contribution
PEPRA employees will make employee contributions as required by State law, and in addition will contribute the following amount.
Effective July 7, 2018, all P EPRA employees shall make employee contributions as required by State law, and in addition will contribute three percent (3.0% ) of his/her CalPERS reportable compensation towards the employer's retirement contribution.
ARTICLE 5. RETIREE HEALTH BENEFITS
The retiree medical benefit for employees hired on or after July 1, 2025 will be negotiated by the Parties immediately following the conclusion of the negotiation for the 2025 to 2028 Memorandum of Understanding.
All City of Rocklin employees that meet the eligibility requirements for CalPERS retirement and retire within 120 days of separation from the City of Rocklin a r e eligible for post-retirement health benefits.
Effective July 1, 2018, the City will contribute a maximum of $1,200 per month towards the cost of health insurance (Article 1, Section C). Eligible retirees shall receive 100% of the City's contribution towards their post-retirement health benefits.
The RFF and the City agreed in the 2018 to 202 MOU to rescind the Vesting Schedule for Retiree Health Benefits, adopted by the City by Resolution No. 2003-91 under the authority of California Government Code 22983. In exchange for rescinding the vesting schedule, the City and the RFF mutually agree d that the retiree health benefits described in this Article are intended to be permanent for current retirees as of December 31, 2017, and employees who retired during the term of th e MOU in effect between J anuary 1, 2018 to December 31, 2020 . Therefore, entitlement to and continuation of the retiree health benefits described herein for individual retired or employed as of June 30, 2025 shall exist and continue beyond the term of this MOU, and are not dependent on the existence of any subsequent or future MOU. For any existing retiree who as of July 1, 2018, is receiving more than $1,200 per month in post retirement health benefits, the City will reimburse them no greater than the difference between the vesting schedule amount they are receiving as of July 1, 2018, and the City's health insurance contribution cap which will be $1,200 per month on July 1, 2018."
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ARTICLE 6. DEFERRED COMPENSATION
The City will contribute up to $100.00 per month in matching funds for each employee who participates in a City-sponsored deferred compensation program. Employees who regularly work less than 40 hours per week will receive a prorated benefit.
Additionally, the City will contribute $200.00 per month (no match required) for each PEPRA employee to a City sponsored deferred compensation program.
ARTICLE 7. UNIFORM ALLOWANCE
A. Each employee shall receive an annual uniform allowance of $950. The annual uniform allowance will be paid in equal payments each pay period.
B. The annual allowance is for the provision, replacement, and maintenance of the uniform as prescribed by the Fire Department.
When a new employee who is required to wear a uniform enters the service during the term of this MOU, said employee shall receive, upon entry into the service, their first set of uniforms. The Department will determine what the uniform needs are and provide the first set at no cost to the employee.
ARTICLE 8. TUITION REIMBURSEMENT
A. Eligibility
All employees shall be eligible for tuition and related expense reimbursement for completing approved coursework through a regionally accredited college, school, or university. To be eligible for reimbursement, the employee must submit to the Fire Chief and to the Human Resources Division, and receive approval of an education plan and goal prior to undertaking the coursework. The plan must contain a statement as to its relevancy to the employee's work assignment and the benefit to the City. Courses, books, and supplies paid for via state, federal, or private grant are excluded from reimbursement.
B. Criteria for Reimbursement
1. Upon completion of the coursework, the employee must submit the following items to receive reimbursement:
(a) A copy of the grade report evidencing completion of the coursework with a grade of C or better. For non -graded courses, seminars or certificate programs, documentation from the institution evidencing satisfactory completion of the course or program will be sufficient.
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(b) Itemized receipts showing items claimed for reimbursement.
(c) Completion of tuition reimbursement form.
C. Approved Institutions / Coursework:
1. For reimbursement, classes must be sponsored by an accredited institution, such as the Office of the State Fire Marshal, California State Training Institute, National Fire Academy, universities and colleges, or other institutions approved by the Fire Chief.
2. Courses must be related to the fire service, public safety, or public administration, and/or required for the completi on of either an Associate's degree, a Bachelor's degree, a Master's degree, State Fire Marshal certification or a related certificate or degree.
3. For reimbursement of seminars, conferences, workshops, or other unaccredited learning opportunities and programs, eligibility must be approved in writing by the Fire Chief or designee.
D. Items Qualifying/Not Qualifying for Reimbursement:
1. Items qualifying for reimbursement include:
(a) Tuition
(b) Required textbooks
(c) Required supplies
(d) Parking Permits
(e) Other related expenses for required materials
2. Items NOT qualifying for reimbursement include:
(a) Medical Service Fees
(b) Mileage or transportation expenses
(c) Lodging
(d) Meals
(e) Items not required by the instructor.
(f) Computers, cellular telephones, and tablets
3. To be eligible for tuition reimbursement, it is understood that enrollment in the coursework is voluntary, and attendance at the classes shall be during off duty time.
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E. Maximum Annual Reimbursement:
1. The maximum amount eligible for reimbursement for coursework taken at a college or university will be actual costs up to the $750 a fiscal year. The City will observe the IRS regulations concerning taxability of tuition reimbursement in effect at the time of the request for reimbursement. Tuition education plans must be preapproved by the Fire Chief no later than January, for the upcoming year.
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SECTION IV-LEAVES
ARTICLE 1. VACATION
A. Policy
1. Vacations shall be requested in accordance with Department guidelines and scheduled subject to approval by the Chief. The Chief may set forth a schedule for each employee so as to ensure the City the level of staffing required to carry out its work program.
B. Accrual and Use
1. Vacation accrual is based on the regularly assigned work hours, exclusive of overtime. Employees will accrue vacation as follows:
Fifty-Six (56) Hour Employees
Years of Service Hours/year Hours/pay period Maximum Accrual
0-1 178 6.8462 200 hours
1-2 213 8.1923 240 hours
2-3 224 8.6154 260 hours
3-4 235 9.0385 280 hours
5 258 9.9231 300 hours
10 291 11.1923 340 hours
15 315 12.1154 340 hours
Forty (40) Hour Employees
Years of Service Hours/year Hours/pay period Maximum Accrual
0-1 98 3.7692 200 hours
1-2 122 4.6923 200 hours
2-3 130 5.00 200 hours
3-4 138 5.3077 200 hours
5 154 5.9231 200 hours
10 178 6.8462 200 hours
15 186 7.1538 200 hours
2. Vacation leave must be scheduled and approved in advance in accordance with the time lines established by the Fire Chief. After completing the first year of employment, each employee who is regularly scheduled to work more than forty 325
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(40) hours a week must take a vacation period of no less than one consecutive regularly scheduled "tour of duty" during a calendar year. Employees assigned to forty (40) hour weeks must take a vacation period of no less than five (5) consecutive regularly scheduled work days during a calendar year.
C. Cash Out
1. Hours accrued beyond the maximum accrual allowed that are not used by the last pay period in November will be cashed out at the employee's base rate and paid to the employee in the following pay period.
2. The City reserves the right to require the employee to take time off to reduce the accrued hours to the maximum accrual in lieu of making a cash payment. If the City exercises its right to require the time off, the employee must be allowed thirty (30) days to make arrangements.
ARTICLE 2. HOLIDAYS
A. Policy
Due to the nature of work performed by Fire personnel, it is not possible to observe traditional holidays as they occur. Therefore, those employees will be credited with ninety-six (96) holiday hours at the beginning of each calendar year, which are credited based on the ten (10) holidays identified below are a rate of 9.6 hours per holiday. Holiday time off shall be requested in accordance with Department guidelines and scheduled subject to approval by the Chief or his/her designee. Hours not used by the last pay period in November each year shall be cashed out at the employee's base rate and paid to the employee in the following pay period.
B. Accrual and Payoff
1. Individuals who are not employed for the full calendar year shall accrue holiday hours at the rate of eight (8) hours per month. If the date of hire falls between the 1st and 15th day of the month, they will be credited with the full eight (8) hours for that month and each succeeding month during the calendar year. If the date of hire falls between the 16 th and the last day of the month, they will be credited with four (4) hours for that month and eight (8) hours for each succeeding month during the calendar year.
2. Individuals who leave employment with the City prio r to the end of the calendar year shall be paid holiday hours at the rate of eight (8) hours for each full month of employment. Partial months of employment will be credited as follows: If the date of termination falls between the 16th and the last day of the month, they will 326
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be credited with the full eight (8) hours for that month. If the date of termination falls between the 1st and the 15th day of the month, they will be credited with four (4) hours for that month. If an employee has taken more holiday hours in advance than have been earned at the time of separation from service, the City may deduct an equivalent amount of pay for the holiday hours taken in advance from the employee's final pay check.
3. The City currently recognizes the holidays listed below. In the event the City agrees to recognize additional holidays during the term of this Agreement and grants these to the AFSCME members, the City agrees to add the corresponding number of holiday hours to the 96 hours currently being received. This Article supersedes that section of the City Personnel Rules entitled "Holidays."
New Year's Day
Martin Luther King Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Thanksgiving Friday
Christmas Day
ARTICLE 3. SICK LEAVE
A. Accrual
1. Employees assigned to fifty -six (56) hour per week shifts shall accrue up to one hundred forty -four (144) hours of sick leave per year, at a rate of .049446 multiplied by the first one hundred twelve (112) hours in paid status in a pay period, with the exception of overtime. Employees assigned to forty (40) hour per week shifts shall accrue up to ninety-six (96) hours of sick leave per year at a rate of .046153 multiplied by the first eighty (80) hours in paid status in a pay period, with the exception of overtime. Sick leave may be accrued wi thout limit and will be converted to service credit at retirement.
B. Use of Sick Leave
1. Sick leave may be used in the event of one of the following circumstances:
(a) Actual illness or injury of the employee;
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(b) The employee's exposure to a contagious disease;
(c) Medical or dental appointments of employee and employee's immediate family members, when such appointments cannot be arranged during off-duty hours, and when the employee's presence is required;
(d) Where the employee's medical attention to an immediate family member is required and the illness/injury does not meet the criteria of the California Family Rights Act (CFRA) or the Family Medical Leave Act (FMLA). For purposes of sick leave use, as required by the Healthy Workplaces, Healthy Families Act of 2014, family members shall include the employee's biological, adoptive, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis regardless of age or dependency status, a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child, a spouse, registered domestic partner, grandparent, grandchild, or sibling.
(e) An employee who is entitled to a disability retirement (either at his/her own request or as a result of City action) under PERS shall not be entitled to use sick leave to defer the effective date of retirement as provided by Government Code Section 21163.
2. Fifty-six (56) hour employees who are absent from two consecutive shifts, or forty (40) hour employees who are absent three consecutive work days, because of illness or injury may be required to submit a physician's certificate verifying the condition and certifying the employee's ability to perform the full range of his/her duties upon return to duty.
C. Coordination of Sick Leave and Disability Benefits
1. Sick leave benefits and benefits received by an employee under the State Disability Insurance Law for non-work related injury or illness shall be integrated as follows:
(a) An employee who sustains a non -work related injury or illness and who receives State Disability Insurance (SDI) benefits shall:
i. If he/she has accumulated sick leave, be treated as on sick leave; and
ii. Receive his/her salary, which shall be a combination of compensation from the City and SDI.
iii. While the employee is integrating SDI, the amount of the SDI payment(s) 328
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received shall be credited to the employee. The remainder of the employee's base salary will be paid first through sick leave, then through other leave balances. Employee's must notify the Human Resources Division of their intent to integrate and must provide proof of payment from EDD to the Human Resources Division as soon as possible after their payment is received.
iv. When all available leave hours, beginning with sick leave are exhausted he/she shall only receive SDI to the extent permitted by law.
ARTICLE 4. BEREAVEMENT LEAVE
A. Eligible bereavement leave hours:
40-hour workweek
Each employee who works an eight (8) hour shift will be eligible for up to twenty-four (24) hours of bereavement leave following the death of a relative. If an employee requests additional time off for bereavement, all additional time must be charged to ac crued vacation.
56-hour workweek
Each employee who works a twenty -four (24) hour shift will be eligible for up to two (2) twenty-four (24) hour shifts of bereavement leave that can be used consecutively or separately. The leave must be used within thirty (30) days from the date first used. If an employee request s additional time off for bereavement, all additional time must be charged to accrued vacation.
B. Relatives covered:
Spouse Domestic Partner
Son Daughter
Father Mother
Brother Sister
Father-in-law Mother-in-law
Grandfather Grand Mother
Grandchildren
C. The following step/foster relationships are also covered:
Father Mother
Son Daughter
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Brother Sister
Grandfather Grandmother
D. Bereavement leave is also available following the death of any non-related child or close relatives who resided with the employee at the time of death.
1. Notification to the City
The employee shall notify his/her supervisor as soon as possible of the occurrence requiring bereavement leave, and if requested by the City, shall provide substantiation to support the request. Such leave shall commence within a reasonable amount of time following the request. Bereavement leave must, not to exceed the maximum amount of time allowed per Section A above.
2. Limitation
The forty-eight (48) hour or twenty-four (24) hour limit will apply to all deaths that occur simultaneously.
ARTICLE 5. FAMILY CARE AND MEDICAL LEAVE
A. An employee shall be eligible to take leave for up to 12 weeks each twelve (12 ) month period for personal or family illness, or following the birth or adoption of his or her child in accordance with the California Family Righ ts Act (CFRA) (Government Code Section 12945.2) and the Federal Family and Medical Leave Act (FMLA) (Title 29, Part 825, Code of Federal Regulations).
B. An employee who is in unpaid status during a Family Care & Medical Leave will suffer no break in service for purposes of determining seniority under Article 38 - Layoff. Employees on extended family care and medical leave are considered unavailable for work during that period. This would include scheduled and unscheduled overtime, training, or any other work-related activities.
C. The City reserves the right to transfer an employee who is taking intermittent Family Care & Medical Leave for medical treatment when it is determined to be in the best interest of the City that the functions of the affected position be performed on a full-time basis. The position to which the employee is transferred must be comparable to the employee's regular position and the employee will be returned to his/her original position on completion of his/her treatment, subject only to the employee being capable of performing all of the essential functions of the job.
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they may reserve 40 hours of accrued vacation leave for use upon their return from an extended period of Family Care & Medical Leave.
1. "Extended Period" is defined as an absence of two (2) weeks or more.
2. If all other leave is exhausted at the expiration of the Family Care & Medical Leave, an employee may use the reserved vacation leave for purposes of sick leave and medical appointments for the employee and his/her dependents for a period of three (3) months after his/her return from Family Medical Leave.
3. Vacation leave used for this purpose will be used in increments of no less than two (2) hours.
4. Accrued leave will be coordinated with Disability Benefits in accordance with Article 3 – Sick Leave, Section C.
E. An employee will notify his/her supervisor and the Human Resources Division that he/she is requesting to take family care and medical leave and will provide the date his/her leave will begin and the anticipated date of his/her return to work. Prior to the beginning of the leave, the employee and the supervisor will establish a schedule in which the emp loyee will keep the supervisor informed of any changes in his/her status and/or date of return to work.
ARTICLE 6. JURY DUTY
When an employee is required to serve on jury duty, the employee shall be compensated for all regularly scheduled hours not worked as a result of jury service. Each employee shall pay the City the amount received as juror fees, but shall retain any fees received for mileage reimbursement.
If the employee is on industrial disability leave and receiving salary continuation under Labor Code 4850 at the time of jury service, the employee will be compensated at his or her normal 4850 rate.
ARTICLE 7. MILITARY LEAVE
Military leave shall be granted and compensated in accordance with the provisions of the State of California Military and Veterans Code which says, in summary, that any employee shall receive full compensation for up to thirty (30) calendar days of active military duty each year. In no event will an employee be compensated in excess of 243 hours at their straight time rate in any calendar year.
For scheduled military training, a copy of the official orders must be submitted to the employee's supervisor as soon as issued. For emergency military call-up, a copy of the official orders must be submitted to the employee's supervisor as soon as practical. Weekend drills are not covered under this section.
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SECTION V-TERMS & CONDITIONS OF EMPLOYMENT
ARTICLE 1. PROBATIONARY PERIOD
A. New Hires
No appointment of employment in the City shall be deemed final and permanent until after the expiration of a twelve (12) month probationary period. The City may dismiss the employee at any time for any reason and without notice during the probationary period.
Probationary employees dismissed during their probationary period shall not have the right to appeal. This would not preclude a probationary employee from seeking any other legal remedy.
B. Promotion
No promotion to any position in the City shall be deemed final and permanent until after the expiration of a period of twelve (12) months probationary service. The City may reject an employee from the promoted position at any time during this probationary period with or without cause and with no appeal.
C. Probationary Evaluations
An employee shall receive no less than three (3) performance evaluations during the initial twelve (12) months of employm ent. An employee who is promoted into a new classification will receive no less than three (3) performance evaluations during their twelve (12) month probationary period. Such evaluations will be conducted at reasonable intervals.
D. Extension of Probationary Period
Any employee's probationary period may be extended by the Fire Chief for up to six (6) months in his/her sole discretion. An employee whose probationary period is extended shall have their salary anniversary date adjusted to the date following the end of the extension.
A probationary period may also be extended due to prolonged absence of the employee.
A prolonged absence shall be defined for this section as a minimum of 90 consecutive calendar days. The extension of the probationary period shall not exceed the length of the absence.
The Fire Chief or the Fire Chief’s designee shall meet with the union prior to extending any probationary period as a result of prolonged absence of an employee.
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E. Sick Leave and Vacation Use
Probationary employees will be eligible to use accrued sick leave and accrued vacation leave as soon as it's earned.
F. Merit Increases
A probationary employee may, at the discretion of the Fire Chief, receive a salary step increase effective the beginning of the pay period which includes the employee’s salary anniversary date if they meet the following criteria:
Received a satisfactory evaluation; and
Completed an extended probationary period.
The employee’s salary anniversary date will be adjusted to the date the merit increase is granted.
ARTICLE 2. EMPLOYEE PERFORMANCE EVALUATIONS/ STEP INCREASES
A. The City shall conduct employee performance evaluations in accordance with established procedures.
B. Employee Rights
1. Any employee has the right to file a written statement to be attached to their performance evaluation placed in the personnel file. Such statements must be filed with the evaluator within five (5) working days of receiving the evaluation.
2. An employee who disagrees with a less than satisfactory overall performance rating may, within ten (10) working days of receiving the evaluation:
(a) File a rebuttal statement with the evaluator for attachment to the performance evaluation.
C. Step Increases
An employee shall be eligible for a salary step increase upon their salary anniversary date, having demonstrated satisfactory job performance in th eir current classification. A step increase shall be delayed indefinitely if the employee is not performing up to standards.
When a salary step increase is ultimately awarded , it will not be retroactive and the employee's salary anniversary date will be re set to the date the salary step increase is effective.
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1. An employee on any leave (paid or unpaid) for more than ninety (90) consecutive calendar days shall have their salary step increase delayed and salary anniversary date adjusted by the amount of time away from work .. An accepted workers’ compensation claim is the only exception to this rule. An employee on an accepted workers’ compensation claim will receive their step increase unless there was a reason to delay it, such as unsatisfactory job performance that occurred before the employee started workers compensation leave.
2. If a salary step increase is delayed due to a performance evaluation not being completed prior to the salary anniversary date, the salary step increase will be retroactive, and the salary anniversary date will remain the same.
ARTICLE 3. SAFETY EQUIPMENT
As designated by the Fire Chief, the City will provide all required personal protective equipment (PPE) consistent with the Department of Industrial Relations, Title 8, Section 3380(d), and Subchapter, Group 2, Article 10.1, sections 3401-3411.
ARTICLE 4. HOURS OF WORK
A. For employees assigned to twenty-four (24) hour shifts
1. Those classifications assigned to twenty-four (24) hour shifts will be scheduled as follows unless a different schedule is agreed to as a result of the meet and confer process between the Union and the City. This shift schedule is known as the 48/96 shift work schedule:
24 hours on duty
24 hours on duty
96 hours off duty
2. The twenty-four (24) hour shift will begin at 7 AM and will continue until 7 AM the following morning.
B. For employees in all other classifications
1. Employees in classifications assigned to eight (8) hour shifts will generally work eight (8) hours per day, five (5) days per week, from Monday through Friday. This schedule may be modified by mutual consent between an employee and the Fire Chief.
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and for the days of the week shall be at the discretion of the Fire Chief or his/her designee.
ARTICLE 5. OFF-DUTY/ OUTSIDE EMPLOYMENT
A. No employee shall accept any employment during off-duty hours either within or outside the City unless a) the prospective employer provides proof of general liability and workers compensation coverage, and b) the employment will not create a conflict of interest nor be incompatible with the employment with the City.
B. Individuals who are self -employed on off -duty hours shall be exempt from the requirement to show proof of workers' compensation or general liability insurance, but will be expected to provide notification as specified in Ill below so that a determination can be made whether or not the self-employment will create a conflict of interest or be incompatible with the employment with the City.
C. Any employee considering outside employment shall submit a notice and the required documentation to the Fire Chief or his/her designee, who will determine whether the off- duty employment constitutes a conflict of interest or is incompatible with employment with the City. If the Chief or his/her designee finds no conflict or incompatibility in the employee's request, the Chief or his/her designee may approve the request. The Fire Chief or his/her designee shall render a decision within ten (10) calendar days.
D. Employees considering outside employment that would be subject to employment provisions of Section 4850 of the California L abor Code shall provide to the City a certificate of insurance which would provide for Section 4850 benefits from the prospective outside employer prior to such outside employment.
ARTICLE 6. LAYOFF
The City may undertake a reduction in force for any or all of the following reasons: lack of work:
lack of funds; a material change in duties or organization; in the interests of economy or for other good cause.
Whenever it is necessary to reduce the number of employees', layoffs shall be made in accordance with the relative seniority of the employee in the rank. Layoff shall be by inverse seniority.
Employees will lose seniority as a result of the following:
Voluntary termination
Retirement
Involuntary termination
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Layoff exceeding twelve (12) months
Failure to respond to a re-employment notice, or refusal of a re-employment offer Failure to report to work from a layoff within the time limits prescribed by this Article Failure to return from military leave within the time limits prescribed by law
Layoffs shall occur in the following order:
Temporary Employees
Part-time Employees; both probationary and permanent
Full-time Probationary Employees
Full-time Permanent Employees
Employees who are pending layoff status shall be notified in writing thirty (30) calendar days in advance of the effective date of the layoff. Notice of pending layoff shall be sent to the Local at the same time as they are sent to the affected employees.
An employee subject to layoff may bump into a lower rank in which he/she has held permanent status and is otherwise qualified, provided that he/she has greater seniority in the lower rank than the least senior person in the lower rank. For the purposes of determining seniority for bumping, service in a higher rank will be coun ted toward service in the lower rank when the employee was directly promoted from the lower rank to the higher rank. In order to bump into a lower rank, the employee must request displacement into the lower rank within five ( 5) work days of the notice of layoff.
Employees who exercise their option to displace into a lower rank shall be placed at the salary step representing the least loss of pay. In no case shall the salary be above that received in the rank from which the employee was laid off. Employees who displace into a lower rank shall serve a probationary period in the new rank unless they have previously successfully completed a probationary period in that rank.
In the event of a layoff, the City shall maintain a re -employment list of those employees laid off for a period of twenty-four months. Re-employment shall be in reverse order of layoff, provided such employees are otherwise qualified to perform the duties of the positions available and can return to work within fourteen (14) calendar days of notice of re -employment. No new hires in any rank where layoffs have taken place will be made until the re-employment list is exhausted.
Laid off employees, who are offered and refused re-employment; who do not respond to a notice of re-employment; or who do not report for work within fourteen calendar days of notice of re- employment shall be removed from the re employment list and shall be deemed to have waived all ri ghts to re -employment. Notice of re -employment shall be served on the employee by certified mail at the latest address listed in City personnel records.
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investigation before returning to work. For employees who have been laid off for six months or more, rehire will be contingent upon the successful completion of physical and psychological examinations, a drug screening, and background investigation. Failure to comp lete these examinations successfully will result in removal of the employee's name from the re-employment list and waiver of all rights to re employment.
ARTICLE 7. RESIDENCY REQUIREMENT
Represented employees are encouraged to maintain a residence within a sixty (60) mile radius from City Hall.
ARTICLE 8. DEPARTMENT RULES
The Chief may establish Department rules, policies, procedures, Administrative Guidelines, and/or Standard Operating Guidelines to ensure efficient and effective Department operations.
Employees are expected to comply with these rules, policies, and procedures.
The subject matter of the Department rules, policies, or procedures, rather than the administration of such rules, policies, and procedures, is specifically excluded from the grievance procedure.
ARTICLE 9. DISCIPLINARY ACTION
A. Disciplinary Process
1. The purpose of disciplinary action is to correct deficiencies in employee performance, to seek improvement to meet appropriate standards, and/or to correct for violation of City policies. The disciplinary process outlined below has been established to prov ide general guidelines for a fair method for disciplining employees. Performance evaluations and non -punitive constructive disciplinary actions which are designed to assist an employee to improve his/her performance are excluded from the procedural rights specified in this section.
2. Grounds for Disciplinary Action - Discipline may be initiated for various reasons, including, but not limited to violations of City and/or Department work rules, insubordination or poor job performance. The severity of the discip linary action depends on the nature of the offense and an employee's record, and may range from verbal counseling to immediate dismissal. Grounds for disciplinary action are listed in Section 4-02 (2) in the City of Rocklin Personnel Rules.
3. The normal progressive discipline procedure steps consist of:
(a) Counseling (non-punitive)
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i. Verbal Counseling: An opportunity to communicate in a non -punitive fashion that a problem is perceived and that the supervisor is available to help solve it. This action is not appealable.
ii. Documented Counseling: To communicate to the employee in writing that a repeat action may result in progressive discipline. A copy of this counseling is given to the employee and one copy is filed in the supervisor’s and Administrative Office’ s working file for one year. The documented counseling will be removed from the supervisor’s and Administrative Office’s fi le and destroyed upon request f rom the employee after one year if approved by the Fire Chief. This action is not appealable.
(b) Formal Disciplinary Actions (punitive)
i. Written Reprimand: A written communication to the employee that an offense has been committed. This action may be appealed to the Fire Chief or his or her designee if so requested by the employee. The Chief or designee may uphold or modify the reprimand. A copy of this reprimand will be provided to the employee and the original will be filed in the employee's personnel file.
ii. Suspension Without Pay, Demotion, or Reduction in Pay: These disciplinary actions are subject to the Skelly procedures in Section B and the post - disciplinary procedures in Section C below.
iii. Disciplinary Termination : The final step in the progressive disciplinary process. Only the City Manager or his/her designee may dismiss any employee covered by this MOU.
iv. Although one or more of these steps may be taken in connection with a particular employee, no formal order or system is necessary. The City reserves the right to deviate from this policy when it feels that circumstances warrant such a deviation. The s everity of the action depends on the nature of the offense and an employee's record, and may range from verbal counseling to immediate dismissal.
An employee serving an initial probationary period may be discharged without application of the disciplinary process and with no rights of appeal.
B. Pre-Disciplinary Procedures for Unpaid Suspensions, Reductions -in-Pay, Demotions and Disciplinary Terminations (Skelly Process)
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1. Prior to imposing a suspension without pay, reduction in pay, demotion, or disciplinary termination, the City shall first provide the employee with a written notice citing the reasons for the proposed action. The notice shall either be served personally to the employee or sent by Certified Mail, Return Receipt Requested, and shall notify the employee of his/her right to request a pre -disciplinary response meeting to determine if there is cause for the proposed disciplinary action. The notice shall specify whom the employee should contact to request the Skelly meeting. A request for a meeting must be made by the employee or his/her representative within ten (10) working days of receiving the notice of proposed discipline.
2. Upon receipt of the employee's request for a pre -disciplinary response meeting, the Skelly Officer shall notify the employee of the time, date, and location for the meeting. The Skelly Officer shall schedule the meeting with the employee and his/her representative, if any, within ten (10) working days of the receipt of the request for the meeting. Pre-disciplinary response meetings are to be conducted by the appropriate City official informally, and shall provide the employee with the opportunity to refute, explain, or otherwise address the proposed statement of charges. The Skelly Officer shall conduct the meeting and make a recommendation to uphold, modify, or overturn the proposed action within ten (10) working days of the meeting.
3. The appropriate City official is one who was not involved in the underlying cause of discipline in such a manner as to impair their impartiality. In such cases, the City Manager or his/her designee shall designate another City official to conduct the meeting.
C. Appeal Process for Unpaid Suspensions, Reduction -in-Pay, Demotions, or Disciplinary Termination
1. An employee subject to an unpaid suspension, reduction-in-pay, demotion, or dismissal after the pre -disciplinary meeting may appeal such action by filing a Notice of Request for Advisory Appeal with Human Resources. The appeal shall contain a full discussion of the reasons which the employee is asse rting as justification of the appeal. The request must be received by Human Resources within ten (10) days after the employee received the written statement of disciplinary action.
2. Within thirty (30) days of filing the Notice of Request for Advisory A ppeal, the appealing party will obtain from the State Mediation and Conciliation Service (SMCS) a list of seven (7) arbitrators. The selection of the arbitrator from the list shall occur by each party alternately striking names from the list, with the appealing party striking the first name. The appealing party shall notify the SMCS 339
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of the arbitrator scheduled. In the alternative the parties may request that SMCS appoint a State Administrative Law Judge (ALJ) to hear the appeal.
3. The arbitrator or ALJ shall conduct an evidentiary hearing in accordance with the American Arbitration Association Voluntary Arbitration Rules (arbitration) or the California Administrative Procedures Act (A PA). The decision of the arbitrator or ALJ shall be advisory only. The arbitrator's fees and costs shall be borne equally by the parties. The costs of the arbitrator's transcript, if jointly requested, shall also be borne equally by the parties . The cost of the ALJ shall be paid by the City. All other expenses incurred by either p arty in the preparation or presentation of its case are to be borne solely by the party incurring the expense. For purposes of this section, the parties shall be considered as the City of Rocklin and the Union, or if a grievant is representing himself or h erself, the City of Rocklin and the grievant.
4. The arbitrator or ALJ shall prepare a written advisory decision which shall include a statement of the decision, the facts upon which it was based, and a full description of the remedies or corrections suggest ed. The written advisory decision shall be sealed and filed with the City Manager and appealing party. The City Manager may accept the advisory decision and order its implementation, may modify and implement the decision and any remedies or corrections sug gested, or may reject the decision. The City Manager will provide a copy of the written advisory decision to the appealing party with the City Manager's decision within ten (10) days of receipt of the written advisory decision. The City Manager’s decision is appealable to the Placer County Superior Court pursuant to California Code of Civil Procedure Section 1094.5.
ARTICLE 10. GRIEVANCE PROCEDURE
A. Purpose
1. The purpose of the following provisions is to set forth, simply and clearly, the provisions that shall govern the processing, hearing and decision on a grievance.
This Article supersedes that section of the City Personnel Rules entitled "Grievance Procedure."
2. The purposes of these procedures are to (1) resolve grievances informally at the lowest possible level; (2) provide an orderly procedure for reviewing and resolving grievances promptly; and (3) determine and correct, if possible, the cause of grievances.
B. Procedure
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The Fire Chief may grant extensions to the deadlines stated in this procedure.
Step 1. Informal Level
Within five (5) working days from the event giving rise to a grievance or from the date the employee could reasonably have been expected to have had knowledge of such event, the grievant or Union representative shall ora lly discuss the grievance with a Battalion Chief. The Battalion Chief shall have five (5) working days to provide a written response to the grievant.
An employee whose immediate supervisor is a Deputy Fire Chief shall discuss the grievance with the Deputy Fire Chief. The Deputy Fire chief shall have five (5) working days to provide a verbal response to the grievant.
Step 2. Formal Levels
Level 1
If a grievant is not satisfied with the resolution proposed at the informal level, he/she may within five (5) working days of the receipt of such answer file a formal written grievance with a Deputy Fire Chief which contains a statement describing the grievance, the section of the Agreement allegedly violated, and the remedy requested. The grievance shall be signed and dated by the grievant(s). The Deputy Fire Chief shall, within five (5) working days thereafter, give a written answer to the grievant.
An employee whose immediate supervisor is a Deputy Fire Chief will be deemed to have completed Step Level 1 (A) and be eligible to proceed to Level 2.
Level 2
If the grievant is not satisfied with the written response from the supervisor at Level 1, the grievant may, within five (5) working days from the receipt of such answer file a written appeal to the Fire Chief. Within ten (10) working days of receipt of the written appeal, the Fire Chief or his/her designee, shall investigate the grievance, which shall include a meeting with the concerned parties, and give a written answer to the grievant.
Step 3. Advisory Arbitration.
If the grievance is not resolved at Step 2, Level 2, the grievant may submit the grievance to advisory arbitration by filing a Notice of Request for Arbitration with Human Resources within five (5) working days of the receipt of the Fire Chief's written reply. Within thirty (30) days of filing the Notice of Request for Arbitration, the appealing party will obtain from the State Mediation and Conciliation Service (SMCS), and submit to Human 341
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Resources, a list of names of seven (7) arbitrators. The selection of the arbitrator from the list shall occur by each party alternately striking names from the list, with the appealing party striking the first name. The appealing party shall notify the SMCS of the arbitrator selected.
The arbitrato r shall conduct an evidentiary hearing in accordance with the American Arbitration Association Voluntary Arbitration Rules. The decision of the arbitrator shall be advisory only. The arbitrator's fees and costs shall be borne equally by the parties. The costs of the arbitrator's transcript, if jointly requested, shall also be borne equally by the parties. All other expenses incurred by either party in the preparation or presentation of its case are to be borne solely by the party incurring the expense. For purposes of payment of fees and costs, the parties shall be considered as the City and the Union, or if a grievant is representing himself or herself, the City and the grievant.
The arbitrator shall prepare a written advisory decision which shall include a statement of the decision, the facts upon which it was based, and a full description of the remedies or corrections suggested. The arbitrator's decision shall be sealed and filed with the City Manager. The City Manager may accept the advisory decision an d order its implementation, may modify and implement the decision and any remedies or corrections suggested, or may reject the decision. The City Manager will provide a copy of the arbitrator's decision to the appealing party with the City Manager's decision within ten (10) working days of receipt of the arbitrator's decision.
C. General Provisions
1. A grievant may withdraw a grievance at any level or at any time in the process by making notification in writing to Human Resources.
2. If a grievant fails to carry his/her grievance forward to the next level within the prescribed time period, the grievance shall be considered settled based upon the decision rendered at the most recent step completed.
3. If a supervisor or manager fails to respond with an answer within the given time period, the grievant may proceed to the next higher level.
4. The grievant may be represented by a person of his/her choice at any formal level of this procedure. The grievant shall be personally present at all stages of the grievance.
5. Designated Union Stewards or Representatives shall be allowed reasonable time to investigate any allegations of violations of this Agreement. Reasonable time is defined as three (3) hours; however, upon approval of Human Resources, additional time may be granted.
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6. Time limits and formal levels may be waived by mutual written consent of the parties.
7. Notice is deemed given by deposit in the U.S. Mail, postage paid, to the last known address of the addressee, or by personal delivery.
8. Proof of service shall be accomplished by certified mail or declaration of personal delivery.
9. All employees shall be free from retaliation or reprisal in any form resulting from use of these grievance procedures.
10. All materials pertaining to employee grievances shall be confidential between the employee and his/her representative, appropriate supervisory personnel, other directly involved employee(s), and appropriate City management personnel.
Records of grievance complaints and supporting documents shall be maintained in the Human Resources office separately from the employee's personnel files.
11. At all stages in the formal process, a written appeal must contain (1) the original written grievance, (2) the supervisor's response, and (3) a statement explaining why the grievant is not satisfied with the response.
ARTICLE 11. DRUG, ALCOHOL, AND SUBSTANCE ABUSE POLICY
A. Purpose
It is the policy of the City to maintain a drug -free workplace. It is the intention of this policy to eliminate substance abuse and its effects in the work plac e. While the City has no intention of intruding into the private lives of its employees, involvement with drugs and alcohol off the job can take its toll on job performance and employee safety. Our concern is that employees are in a condition to perform their duties safely and efficiently in the interest of their fellow workers and the public as well as themselves. The presence of drugs and alcohol on the job, and the influence of these substances on employees during working hours, are inconsistent with this objective.
Employees who think they may have an alcohol or drug usage problem are urged to voluntarily seek confidential assistance from the Employee Assistance Program Counselor. While the City will be supportive of those who seek help voluntarily, the City will be equally firm in identifying and disciplining those who do not seek help, or whose continued substance abuse either violates City rules or interferes in the employee's job performance.
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abuse. It also outlines the responsibilities of City managers and employees. To that end, the City will act to eliminate any substance abuse which increases the potential for accidents, absenteeism, substandard performance, poor employee morale, or damage to the City's reputation. Substance abuse includes the use of, or possession of legal or illegal drugs, alcohol or any other substance which could or does impair an employee's ability to perform his or her job safely, effectively, and efficiently.
All persons covered by this policy should be aware that violations of the policy may result in discipline, up to and including dismissal, and may subject an employee to required satisfactory participation in an approved substance ab use assistance or rehabilitation program. Applicants for employment with the City may not be hired for failure to follow these guidelines.
In recognition of the public service responsibilities entrusted to the employees of the City, and the fact that drug and alcohol abuse can hinder a person's ability to perform duties safely and effectively, the following policy against drug and alcohol abuse is hereby adopted by the City.
B. Policy
It is the City's policy that no employees shall:
1. Report to work under the influence of alcohol or drugs;
2. Possess drugs or alcohol while on duty or in uniform;
3. Sell, distribute or provide alcohol and/or drugs to any employee or person while on duty;
4. Have their ability to work impaired as a result of the use of alcohol or drugs.
In addition, employees whose ability to work or whose job performance is impaired as a result of off -the-job use of alcohol or controlled drugs will be in violation of this policy.
Employees who violate any of the conditions listed in A - D above or w hose job performance is impaired by off-the-job substance abuse will be considered "abusers".
Use of medically prescribed medications and drugs, within the guidelines established by the employee's doctor, is not a violation of this policy. However, when taking medications or drugs which could foreseeably interfere with the safe and effective performance of duties or operation of City equipment, employees must notify their supervisor before beginning work. Failure to do so may result in discipline, up to and including dismissal. In the event there is a question regarding an employee's ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from a qualified 344
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physician may be required.
The City reserves the r ight to search, without employee consent, all areas and property in which the City maintains control or joint control with an employee in accordance with applicable state and federal laws. A search of any container or property under joint control such as desks, cubicles and lockers may be conducted at any time providing that the City has reasonable suspicion that cause for the search exists, and that the employee is notified or if the employee is present or if the employee gives consent.
When reasonable suspicion exists that illegal drugs or alcoholic beverages are in any areas of joint control as described above, reasonable notice will be provided to the affected employee. At the time of notice of intent to search, the property container will be sealed and remain sealed until the search occurs. Such searches of property containers may be conducted by a sworn Police Officer or may be conducted by Department Heads or Mid - Managers with a Police officer present.
The affected employee and/or his/her employee or ganization representative shall be provided reasonable opportunity to be present at such searches.
The City may notify the appropriate law enforcement agency that an employee may have illegal drugs in his or her possession or in an area not jointly or fully controlled by the City.
Supervisory employees shall not physically search the person of employees, nor shall they search the purely personal possessions of employees without the freely given written consent of the employee. Purely personal possessions may be defined as the employee's purse, backpack, briefcase, personal transportation, or duty bag.
Refusal to submit immediately to an alcohol and/or drug analysis when requested by trained City supervisory employees may constitute insubordination and may be grounds for discipline. Disciplinary action may extend up to and including dismissal.
Employees reasonably believed to be under the influence of alcohol or drugs shall be prevented from engaging in further work, and shall be detained for a reasonable time until the employee can be safely transported home. Such employees will be placed on administrative leave with pay until a meeting can be held to determine their status.
The City is committed to providing reasonable accommodation to those employees whose drug and/or alcohol problem classifies them as disabled or handicapped under federal and/or state law.
The City has established an Employee Assistance Program (EAP) to assist those employees who voluntarily seek help for alcohol or drug problems. Empl oyees should contact their supervisors or EAP counselor for additional information. 345
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Any City employee convicted of criminal drug statute violations (including a plea of nolo contendere) occurring in the work place must notify the City of the conviction within five (5) days after the conviction. This notification to the City will not relieve the employee from any disciplinary consequences of the conduct upon which the conviction is based.
Within thirty (30) days of such notice, the City will take appropri ate action as to the employee.
The City shall notify federal agencies with which the City holds contracts or from which the City receives grants within ten (10) days of receiving notice that a City employee has been convicted of a criminal drug statute for a violation occurring within the workplace.
The City shall establish and maintain a drug -free awareness program to inform City employees about:
1. The dangers of substance abuse in the workplace.
2. The City's policy of maintaining a substance abuse-free workplace.
3. The availability of substance abuse counseling, rehabilitation and employee assistance programs.
4. The penalties that may be imposed upon employees for substance abuse violations occurring in the workplace.
C. Application
This policy applies to a ll employees represented by the Union, and to all applicants for positions with the City. This policy applies to alcohol and to all substances, drugs, or medications, legal or illegal, which could impair an employee's ability to effectively and safely perform the functions of the job.
In the event a dispute arises with respect to the application or interpretation of this policy, such dispute shall be grievable pursuant to the grievance procedure contained in Article 10 (Grievance Procedure) of this Agreement.
D. Employee Responsibility
An employee must:
1. Not report to work or be subject to duty while his/her ability to perform job duties is impaired due to on or off duty alcohol or drug use.
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2. Not possess or use alcohol or impairing drugs (illegal drugs or misuse of legally prescribed drugs) during work hours or while on breaks, during meal periods or at any time while on City property or in uniform.
Employees who are not at work, or on compensated on call, may be on City public property without being subject to this provision.
3. Not directly or through a third party knowingly sell or provide drugs or alcohol to any person, including any employee, while either employee or both employees are on City grounds, on duty, or subject to being called for duty.
4. Submit immediately to an alcohol and drug test when requested by an appropriate City supervisory employee.
5. Notify his/her supervisor, before beginning work, when taking any prescription or non -prescription medications or drugs about which the employee has reason to believe may interfere with the safe and effective performance of duties or operation of City equipment.
6. Provide, within twenty-four (24) hours · of request or as soon as possible thereafter, bona fide verification of a current valid prescription for any potentially impairing drug or medication identified when a drug screen/test is positive. The prescription must be in the employee's name.
7. Notify the City of any criminal drug statute conviction for a violation occurring in the work place no later than five (5) days after such conviction.
E. Management Responsibilities and Guidelines
1. Supervisory employees are responsible for reasonable enforcement of this policy.
2. Supervisory employees may request that an employee submit to a drug and/or alcohol test when a supervisory employee has a reasonable suspicion that an employee is under the influence of drugs or alcohol on the job or on compensated on call. "Reasonable suspicion" is a belief based on objective and articulable facts sufficient to lead a reasonably prudent supervisor to suspect that an employee is under the influence of drugs or alcohol so that the employee's ability to perform the functions of the job is impaired or so that the employee's ability to perform his/her job safel y is reduced. For example, any of the following, alone or in combination, may constitute reasonable suspicion:
(a) Slurred speech;
(b) Alcohol odor on breath;
(c) Unsteady walking and movement;
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(d) An accident involving City property or employee injury; (e) Physical altercation;
(f) Verbal altercation;
(g) Unusual behavior;
(h) Possession of alcohol or drugs or drug paraphernalia; (i) Information obtained from a reliable person with personal knowledge; (j) Physical appearance such as sloppiness, disarray or red eyes; (k) Difficulty responding to simple questions such as time of day, location, etc. (l) Difficulty performing simple tasks such as counting, touching nose, etc.
3. Any supervisory employee requesting an employee to submit to a drug and/or alcohol test shall document in writing the facts constitu ting reasonable suspicion that the employee in question is under the influence of alcohol or drugs.
4. Any supervisory employee encountering an employee who refuses an order to submit to a drug and/or alcohol analysis upon request should remind the employee of the requirements and disciplinary consequences of this policy.
Where there is reasonable suspicion that the employee is under the influence of alcohol or drugs, the supervisory employee should detain the employee for a reasonable time until the employee can be safely transported home.
F. Physical Examination and Procedure
The drug and/or alcohol test may test for any substance which could impair an employee's ability to effectively and safely perform the functions of his/her job, including, but not limited to, prescription medications, heroin, cocaine, morphine and its derivatives, PCP, methadone, barbiturates, amphetamines, marijuana and other cannabinoids.
The testing process shall be one that is scientifically proven to be at least as accurate and valid as urinalysis using an immunoassay screening test (EMIT) with all positive screening results being confirmed utilizing Gas Chromatography/Mass Spectrometry (GC/MS) before a sample is considered positive.
After consulting with expert staff of the l aboratory or laboratories selected to perform the testing, the City shall ensure that the test cutoff levels conform to the National Institute on Drug Abuse (NIDA) standards.
Test samples will be collected in a clinical setting, such as a laboratory collection station, doctor's office, hospital or clinic or in another setting approved by the City on the basis that it provides for at least an equally secure and professional collection process. The City shall specify procedures to ensure that true samples are obtained.
The City shall specify measures to ensure that a strict chain of custody is maintained for 348
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the sample from the time it is taken, through the testing process to its final disposition.
Drug tests shall be performed by a laboratory selected based on its meeting standards that are the same or at least comparable in scope and rigor, as those used by the National Institute on Drug Abuse to certify laboratories engaged in urine drug testing for federal agencies.
G. Employee Rights
Employees shall be entitled to representation during any interviews or discussions that could lead to a decision by the City to take adverse action against the employee, regardless of whether these interviews or discussions occur before or after the sample is taken. Howe ver, the employee may be ordered to take the test immediately, with or without representation.
The sample collection process shall include the opportunity for the employee to provide information about factors other than illegal drug use (such as taking le gally prescribed medications) that could cause a positive test result.
The employee shall receive a full copy of any confirmed positive test results.
All confirmed positive samples shall be retained by the testing laboratory in secure frozen storage for one (1) year following the test. At the employee's request and expense, the sample may be retested by that laboratory or another laboratory of the employee's choice.
H. Results of Drug and/or Alcohol Analysis
1. Pre-employment Physicals
(a) A positive result from a drug and/or alcohol analysis may result in the applicant not being hired where the applicant's use of drugs and/or alcohol could affect requisite job standards, duties or responsibilities.
(b) If a drug screen is positive at the pre-employment physical, the applicant must provide, within twenty -four (24) hours of request, bona fide verification of a valid current prescription for the drug identified in the drug screen. If the prescription is not in the applicant's name or the applicant does not provide acceptable verification, or if the drug is one that is likely to impair the applicant's ability to perform the job duties, the applicant may not be hired.
2. Existing Employees, Alcohol/Drug Tests
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(a) A positive result from a drug and/or alcohol analysis may result in disciplinary action, up to and including termination.
(b) If the drug screen is positive, the employee must provide, within twenty -four (24) hours of request, bona fide verification of a valid current prescription for the drug identified in the drug scree n. The prescription must be in the employee's name. If the employee does not provide acceptable verification of a valid prescription, or if the prescription is not in the employee's name, or if the employee has not previously notified his/her supervisor th at he/she is taking a substance (prescribed or over-the-counter) that is likely to impair the employee's ability to perform his/her duties, the employee will be subject to disciplinary action, up to and including discharge.
(c) If an alcohol or drug test is c onfirmed positive for alcohol or drugs, the City shall conduct an investigation to gather all facts. The decision to discipline or discharge will be carried out in conformance with applicable and pertinent discipline procedures.
3. Confidentiality
Laboratory reports or test results shall not appear in an employee's general personnel folder. Information of this nature will be contained in a separate confidential file that will be kept securely under the control of the Human Resources Manager. The reports or t est results may be disclosed to City management on a_ strictly need-to-know basis and to the tested employee upon request. Disclosures, without employee consent, may also occur when: (1) the information is compelled by law or by judicial or administrative process; (2) the information has been placed at issue in a formal dispute between the employer and employee; (3) the information is to be used in administering an employee benefit plan; (4) the information is needed by medical personnel for the diagnosis or treatment of the employee who is unable to authorize disclosure.
SECTION VI-UNION RIGHTS
ARTICLE 1. UNION ACTIVITIES
A. The Union may place one bulletin board in each fire station for the purpose of communicating Union business to the membership.
1. Specific placement and size of such boards within a station shall be subject to the approval of the Fire Chief.
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(a) A Union representative shall be responsible for maintaining such board.
(b) The Fire Chief reserves the right to prohibit the posting and order the removal of material.
B. Two (2) members of the Executive Board or Grievance Committee shall be granted leave from duty with full benefits for all meetings and hearing between the City and the Union for the purposes of resolving a grievance when such meetings and hearings take place at a time during which such members are scheduled to be on duty. Time off shall be limited to one (1) hour prior to the scheduled meeting and one (1) hour aft er the scheduled meeting. The Fire Chief shall make the final determination as to staffing availability.
C. A maximum of two (2) members of the Negotiation Team shall be granted leave from duty with full benefits for the purposes of negotiating terms of an agreement when such meetings take place at a time during which such members are scheduled to be on duty.
Time off shall be limited to one (1) hour prior to the scheduled meeting and one (1) hour after the scheduled meeting. The Fire Chief shall make the final determination as to staffing availability.
D. The City will provide a cumulative total of one hundred and twenty (120) hours p er year release time for Union representatives to attend training seminars, schools for training in labor-management relations and Union business.
E. Union Representative shall be defined as follows:
Local 522 Executive Board
Union President
Union Vice President
Union Treasurer
Union Secretary
Local 522 Negotiation Team
Vice President (Lead Negotiator)
Team Member #2
Team Member #3
Team Member #4
Team Member #5
Team Scribe
Local 522 Grievance Committee Members
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Designated Union Executive Board Members
Shop Steward A Shift
Shop Steward B Shift
Shop Steward C Shift
F. On February 1 of each year, the Union will provide the City with a list of Union representatives eligible to participate in training and Union business leave. Any Changes to the list must be reported to the City on a timely basis.
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SECTION VII - MISCELLANEOUS PROVISIONS
ARTICLE 1. MODIFIED/ALTERNATIVE DUTY ASSIGNMENTS
The provisions of the Administrative Guideline (AG) and Standard Operating Guideline (SOG) relating to Modified/Alternative Duty Assignments are incorporated by reference into this MOU.
The City and Union agree to meet and confer over any proposed changes to this AG and SOG.
ARTICLE 2. PHYSICAL FITNESS PROGRAM
The provisions of the Administrative Guideline (AG) and Standard Operating Guideline (SOG) relating to the Physical Fitness Program are incorporated by reference into this MOU. The City and Union agree to meet and confer over any proposed changes to this AG and SOG.
ARTICLE 3. TIME OFF REQUESTS
The City and Union are meeting and conferring over the Administrative Guideline (AG) and Standard Operating Guideline (SOG) relating to Time Off Requests. Once the City and Union reach agreement on this AG and SOG, they are incorporated by reference into this MOU. The City and Union agree to meet and confer over any proposed changes to this AG and SOG.
ARTICLE 4. STAFFING, STATION AS SIGNMENTS, OUT -OF-CLASS ASSIGNMENTS, AND CALL BACK
A. Administrative Guidelines (AGs) and Standard Operating Guidelines (SOGs)
The AGs and SOGs related to Staffing, Station Assignments, Out-of-Class Assignments, and Call Backs are incorporated by reference into this MOU. The City and Union agree to meet and confer over any proposed changes to these AGs and SOGs.
B. Minimum Staffing
1. The City agrees that it shall maintain, on a daily basis, a minimum staffing on each Company consisting of one (1) Captain, one (1) Engineer, and one (1) Firefighter.
2. It is the intention of the City to maintain a minimum of three (3) Companies staffed at all times.
3. This requirement does not apply to temporary reductions within a twenty-four (24) hour shift, caused by such operational needs as a crew member transporting with an ambulance to the hospital, attending a business meeting, or cross-staffing of auxiliary apparatus such as brush units. 353
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4. A qualified person acting in the required rank may be used to satisfy this requirement as AG #209 defines the qualified positions of Company Officer, Engineer and Firefighter.
5. Temporary short-term reductions of said minimum staffing levels can be made after Call-Back procedures following AG and SOG #211 have been exhausted to meet the said minimum staffing levels. The Fire Chief and Union President, or an executive Board member, should be notified via text message, page, or email regarding the minimum staffing reduction.
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WHEREAS, the parties here to have entered into this Memorandum on the 26st day of July, 2022
CITY OF ROCKLIN
_____________________________ _____________
Jack Hughes, Lead Negotiator Date
Liebert, Cassidy, Whitmore
_____________________________ _____________
Aly Zimmermann, City Manager Date
ROCKLIN FIREFIGHTER’S,LOCAL 522
By: _____________________________ _____________
Trevor Jameson, President, Local 522 Date
By: _____________________________ _____________
Larry Menth, Union Business Agent Date
355
City Council
Staff Report
Subject:
City of Rocklin Fire Department's State Mandated Annual Fire Inspection Report
Date:
August 12, 2025
Submitted By:
Ryan Brayton, Deputy Fire Chief
Reginald Williams, Fire Chief
Department:
Fire
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin A
cknowledging the City of Rocklin
Fire Department’s
C
ompliance with Sections 13146.2 and 13146.3 of the California Health and Safety Code.
Background:
On September 27, 2018, California Senate Bill 1205 (SB1205) became effective, and added a new section to the California Health and Safety Code affecting every fire department and fire district in the State. SB1205 requires every fire department or district providing fire protection services to annually inspect all public and private schools, hotels, motels, lodging houses, and apartment buildings. Fire departments and fire districts shall annually report their compliance to Sections 13146.2 and 13146.3 of the Health and Safety Code to their administrating authority.
The Rocklin Fire Department conducted inspections of 42 Group E Occupancies (public and private schools) and 61 Group R Occupancies (hotels, motels, lodging, etc.) during the 2024/25 fiscal year, as identified in Exhibits A and B to the Resolution.
Fiscal Impact:
There is no fiscal impact to the staff recommendation.
Item Number C11.
ATTACHMENTS:
1. Resolution
2. Resolution Exhibit A - Group E Inspections
3. Resolution Exhibit B - Group R Inspections
356
August 12, 2025 Page 1 of 2 Resolution No. 2025-
RESOLUTION NO. 2025-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
ACKNOWLEDGING THE CITY OF ROCKLIN FIRE DEPARTMENT’S
COMPLIANCE WITH SECTIONS 13146.2 AND 13146.3 OF THE
CALIFORNIA HEALTH AND SAFETY CODE
WHEREAS, California Health and Safety Code Section 13146.4 requires all fire departments that provide fire protection services to report annually to its administering authority the compliance with performing inspections r equired by Health and Safety Code sections 13146.2 and 13146.3; and
WHEREAS, Health and Safety Code Sections 13146.2 and 13146.3 require all fire departments that provide fire protection services to perform annual inspections in every public or private school, hotel, motel, lodging house, and apartment building for compliance with building standards; and
WHEREAS, the City of Rocklin Fire Department has conducted all 42 Group E (school) and 61 Group R (hotel, motel, lodging, etc.) State mandated occupancy inspections for Fiscal Year 2024-2025; and
WHEREAS, the City Council of Rocklin intends this Resolution to fulfill the requirements of the California Health and Safety Code regarding acknowle dgment of receipt of the Rocklin Fire Department’s Annual Fire Inspection Report as required by California Health and Safety Code Section 13146.4.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rocklin as follows:
Section 1. The recitals set forth above are true and correct.
Section 2. The City Council of the City of Rocklin hereby acknowledges receipt of the Rocklin Fire Department’s Annual Fire Inspection Report for fiscal year 2024-2025, attached hereto collectively as Exhibits “A” and “B,” demonstrating the Fire Department’s compliance with the requirements set forth in Health and Safety Code sections 13146.2 and 13146.3.
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August 12, 2025 Page 2 of 2 Resolution No. 2025-
PASSED AND ADOPTED this 12th day of August, 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
____________________________________
Jill Gayaldo, Mayor
ATTEST:
____________________________
Avinta Singh, City Clerk
358
Exhibit A
Rocklin Fire Department, FY 24/25 Completed State Required Inspections
GROUP E OCCUPANCIES (PUBLIC OR PRIVATE SCHOOLS)
Page | 1
School/Site Inspected Inspection Date
1 Antelope Creek Elementary
6185 Springview Drive 95677 10/29/2024
2 Breen Elementary
2751 Breen Drive 95765 10/30/2024
3 California International School
2213 Sunset Boulevard, 95765 10/28/2024
4 Catalyst Kids- Rocklin ES
5025 Meyers St 95677 10/14/2024
5 Catalyst Kids- Cobblestone ES
5740 Cobblestone Dr 95677 10/29/2024
6 Catalyst Kids- Valley View ES
3000 Crest Dr 95677 10/18/2024
7 Catalyst Kids- Parker Whitney ES
5145 Topaz Ave Bldg E3 95677 10/30/2024
8 Catalyst Kids- Breen ES
2751 Breen Dr Bldg 33 95765 10/30/2024
9 Catalyst Kids- Rock Creek ES
2140 Collet Quarry Dr 95765 10/31/2024
10 Catalyst Kids- Quarry Trails ES
810 Lazy Trail Dr 95765 10/18/2024
11 Catalyst Kids- Sunset Ranch ES
2500 Bridlewood Dr 95765 11/1/2024
12 Catalyst Kids- Twin Oaks ES
2835 Club Dr 95765 11/15/2024
13 Catalyst Kids- Ruhkala ES
6530 Turnstone Way 95765 10/28/2024
14 Catalyst Kids- Antelope Creek ES
6185 Springview Dr 95677 10/29/2024
15 Catalyst Kids- Sierra ES
6811 Camborne Way 95677 10/18/2024
16 Cobblestone Elementary
5740 Cobblestone Drive 95765 10/29/2024
17 The Cottage Homeschool
5425 Coronado Way, 95677 11/20/2024
18 Granite Oaks Middle School
2600 Wyckford Drive 95765 11/21/2024
19 Destiny Christian School
6900 Destiny Drive 95677 11/5/2024
School/Site Inspected Inspection Date
20 Maria Montessori
1850 Wildcat Boulevard 95765 11/13/2024
21 Parker Whitney Elementary
5145 Topaz Avenue 95677 10/30/2024
22 Quarry Trails Elementary
810 Lazy Trail Drive, 95765 10/18/2024
23 Rock Creek Elementary
2140 Collet Quarry Drive 95765 10/31/2024
24 Rocklin Academy Gateway
6550 Lonetree Boulevard 95765 10/29/2024
25 Rocklin Elementary
5025 Meyers Street 95677 10/14/2024
26 Rocklin High School
5301 Victory Lane 95765 11/01/2024
27 Ruhkala Elementary
6530 Turnstone Way 95765 10/28/2024
28 Sierra Elementary
6811 Camborne Way 95677 10/18/2024
29 Springview Middle School
5040 Fifth Street 95677 11/12/2024
30 Sunset Ranch Elementary
2500 Bridlewood Drive 95765 11/01/2024
31 TNT Kidz Center
4500 Tuttle Drive, 95677 11/06/2024
32 Twin Oaks Elementary School
2835 Club Drive 95765 11/15/2024
33 Valley View Elementary School
3000 Crest Drive 95765 10/18/2024
34 Victory High School
3250 Victory Drive 95765 10/17/2024
35 Western Sierra Collegiate Academy
660 Menlo Drive 95765 11/21/2024
36 Whitney High School
701 Wildcat Boulevard 95765 11/06/2024
37 Catalyst Kids- Rocklin ES
5025 Meyers St 95677 10/14/2024
38 Rocklin Academy Turnstone
6532 Turnstone Way 95765 10/15/2024
359
Exhibit A
Rocklin Fire Department, FY 24/25 Completed State Required Inspections
GROUP E OCCUPANCIES (PUBLIC OR PRIVATE SCHOOLS)
Page | 2
39 Kids Park Daycare
6801 Five Star Blvd 95677 10/18/2024
40 Sierra College State Preschool
4745 Rocklin Rd 95677 10/29/2024
41 Acton Academy
4750 Grove St 95677 11/13/2024
42 Rocklin Montessori
5250 Fifth St 95677
6/4/2025
360
Exhibit B
Rocklin Fire Department, FY 24/25 Completed State Required Inspections
GROUP R OCCUPANCIES
(HOTELS, APARTMENTS, AND CERTAIN RESIDENTIAL CARE FACILITIES)
HOTELS
Residential Group R-1
1 Comfort Inn & Suites
4420 Rocklin Road 95677 04/08/2025
2 Days Inn
4515 Granite Drive 95677 04/24/2025
3 Holiday Inn Express
6830 Five Star Boulevard 95677 04/10/2025
4 Rocklin Park Hotel
5450 China Garden Road 95677 07/02/2024
5 Staybridge Suites
6664 Lonetree Boulevard 95765 04/08/2025
6 Surestay Plus
4480 Rocklin Road 95677 04/11/2025
APARTMENTS
Residential Group R-2
7 Broadstone Apartments
2301 Sunset Boulevard 95765 04/04/2025
8 College Manor Apartments
4207 Racetrack Road 95677 04/03/2025
9 Creekside Village Apartments
5500 Aguilar Road 95677 04/09/2025
10 The Brighton Apartments
6050 Placer West Drive 95677 04/02/2025
11 Edgewood Apartments
5761 Shannon Bay Drive 95677 04/04/2025
12 Emerald Pointe Apartments
101 Gold Circle 95765 04/04/2025
13 Garnet Creek Apartments
5002 Jewel Street 95677 03/28/2025
14 Granite Creek Apartments
1501 Cobble Creek Circle 95677 06/19/2025
15 The Everette Apartments
3300 Parkside Drive 95677 04/03/2025
16 Easton Apartments
5415 South Grove 95677 04/04/2025
17 The James Apartments
6201 West Oaks Boulevard 95765 03/19/2025
18 Lyn Roc Apartments
6105 Sunset Boulevard 95677 04/11/2025
19 Meridian Apartments
2121 Sunset Boulevard 95765 03/12/2025
20 Montessa
1150 Whitney Ranch Parkway
95765
03/18/2025
21 Oaks at Sunset I
201 Sammy Way 95765 04/02/2025
22 Oaks at Sunset II
2301 Sammy Way 95765 04/02/2025
23 Pacific Heights Apartments
4455 Pacific Street 95677 03/20/2025
24 Pacific Sunset Condos
2550 Sunset Boulevard 95677 04/16/2025
25 Placer West Apartments
6055 Placer West Drive 95677 04/04/2025
26 Quarry Oaks Apartments
3950 Evelyn Avenue 95677 03/26/2025
27 Rocklin Gold Apartments
2651 Sunset Boulevard 95677 04/18/2025
28 Rocklin Manor Apartments
5240 Rocklin Road 95677 04/01/2025
29 Rocklin Ranch Apartments
6601 Blue Oaks Boulevard
95765
03/24/2025
30 Rolling Oaks Apartments
5725 Shannon Bay Drive 95677 03/21/2025
31 Shaliko Apartments
5051 El Don Drive 95677 03/27/2025
32 Shannon Bay Apartments
5757 Shannon Bay Drive 95677 03/25/2025
33 Silver Oaks Apartments
5780 Springview Drive 95677 03/01/2025
34 Springview Oaks Apartments
5795 Springview Drive 95677 04/18/2025
35 The VUE at Rocklin Ridge
5902 Springview Drive 95677 04/03/2025
361
Exhibit B
Rocklin Fire Department, FY 24/25 Completed State Required Inspections
GROUP R OCCUPANCIES
(HOTELS, APARTMENTS, AND CERTAIN RESIDENTIAL CARE FACILITIES)
36 Stanford Court Apartments
3220 Santa Fe Way 95765 03/07/2025
37 Stanford Heights Apartments
5801 Little Rock Road 95765 04/04/2025
38 Sunset Apartments
3655 Sunset Boulevard 95677 04/10/2025
39 Sunset Summit Apartments
2151 Sunset Boulevard 95765 03/14/2025
40 Sutter Ridge Apartments
5800 Woodside Drive 95677 04/04/2025
41 Vicara Condos
1240 Whitney Ranch Parkway 95765 03/21/2025
42 Villa Serena Apartments
101 Villa Serena Circle 95765 04/08/2025
43 Whitney Ranch Apartments
711 University Avenue 95765 03/10/2025
44 Winsted Apartments
101 Coppervale Circle 95765 03/27/2025
45 Second St Apartments
5085 Second St 95765 04/02/2025
46 Front St Apartments
5250 Front St 95765 04/02/2025
47 3350 Sunset Apartments
3350 Sunset 95765 04/02/2025
48 Sierra Gateway Apartments
5180 Rocklin Rd 95677 04/01/2025
49 5175 Second St Apartments
5175 Second St 95677 04/02/2025
50 Stanford Terraces
3339 Marlee Way 95765 04/08/2025
51 Terracina at Stanford Ranch
801 University 95765 03/20/2025
DORMITORIES
Residential Group R-2.1
52 Sierra College
5100 Sierra College Boulevard
95677
06/23/2025
53 Jessup University
2121 University Avenue 95765 03/26/2025
LARGE RESIDENTIAL CARE FACILITIES
Residential Group R-2.1
54 Ansel Park Assisted Living
1200 Orchid Dr 95765 04/03/2025
55 Ansel Park Independent Living
1250 Orchid Dr 95765 04/03/2025
56 Atria Rocklin- Assisted Living
3201 Santa Fe Way 95765 04/02/2025
57 Atria Rocklin- Independent Living
3201 Santa Fe Way 95765 04/02/2025
58 Sunrise Assisted Living
6100 Sierra College Blvd 95677 04/14/2025
59 The Pines
500 W Ranch View Dr 95765 04/04/2025
60 The Villas- Assisted Living
1430 W Stanford Ranch Rd 95765 04/07/2025
61 The Villas- Independent Living
1450 W Stanford Ranch Rd 95765 04/07/2025
362
City Council
Staff Report
Subject:
California Highway Patrol Grant - Award
Date:
August 12, 2025
Submitted By:
Chad Morris, Police Captain
Rustin Banks, Police Chief
Chris Osborne, Lieutenant
Department:
Police
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Ratifying the Grant Application Submitted to the Department of California Highway Patrol and Authorizing the City Manager to Execute the Grant Agreement.
Background:
The Rocklin Police Department (RPD) has been awarded a $168,483 grant for education and enforcement of driving under the influence from the Department of California Highway Patrol (CHP). The grant award notice and agreement is included as Attachment 2. The primary focus is to preserve human life by preventing DUI activities. RPD will provide education programs and conduct periodic enforcement operations across the community as it relates to the dangers of impaired driving in our community. The goal is to educate the public, focusing on adolescents, on the dangers of driving under the influence, or being a passenger in a vehicle with a driver who is under the influence of drugs and/or alcohol.
This year’s grant award will be used to:
1 .
purchase education/outreach materials, like wrist bands, keychains, flashlights, etc., to be given to members of the community as reminders to dissuade drivers from DUI/DUID (driving under the influence/driving under the influence of drugs) or passengers from getting into a vehicle with an impaired driver;
2 .
purchase one DUI/DUID patrol vehicle wrapped in anti-DUI/DUID messaging; 3 .
training for two officers to attend Standardized Field Sobriety Testing (SFST) instructor course; training for two officers to attend Advanced Roadside Impaired Driving Enforcement (ARIDE) training curriculum;
4 .
personnel costs for officers to present at education/outreach and/or community events; and to conduct saturation patrols and a checkpoint(s).
The Department of California Highway Patrol requires the City Council of the City of Rocklin to provide an authorizing resolution prior to accepting the grant funding. The budget amendment of $168,483 is required to recognize the grant funds in the Fiscal Year 2025/26 Operating Item Number C12.
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Budget to administer the grant, including the purchase of one custom-wrapped patrol vehicle, with CHP-approved anti-DUI/DUID messaging.
Fiscal Impact:
The total grant award is $168,483, and funds will be expended in accordance with the grant requirements. No City match is required. Staff recommends that the City Council authorize all necessary fiscal actions, including budgetary and accounting transactions, to implement and administer the grant award in an amount up to $168,483 in the Traffic Safety/Police Department Grant Fund (Fund 244).
ATTACHMENTS:
1. Resolution
2. Resolution Exhibit A - FY25-26 CTFGP Intent to Award - Rocklin PD
3. Resolution Exhibit B - FY25-26 CTFGP Grant Agreement - Rocklin PD 364
August 12, 2025 Page 1 of 2 Resolution No. 2025-
RESOLUTION NO. 2025-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
RATIFYING THE GRANT APPLICATION SUBMITTED
TO THE DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE GRANT AGREEMENT
WHEREAS, the City of Rocklin through its Police Department applied for and was awarded a one-year grant in the amount of one hundred sixty-eight thousand four hundred eighty-three dollars ($168,483), starting July 1, 202 5 and concluding June 30, 2026 (attached hereto as Exhibit A to the Resolution); and
WHEREAS, the grant will fund partial personnel costs of police officers from the Rocklin Police Department who are assigned to conduct enforcement and /or public education outreach concerning the dangers of impaired driving , Standardized Field Sobriety Testing (SFST) Instructor Training for two officers, Advanced Roadside Impaired Driving Enforcement (ARIDE) Training for two officers; and the purchase of a DUI/DUID patrol vehicle wrapped in anti -DUI/DUID messaging plus miscella neous public education materials; and
WHEREAS, the Rocklin Police Department will be providing education and conducting periodic driving under the influence (DUI) enforcement activities across the city as it relates to the increasing public awareness surrounding the dangers of impaired driving and reducing impaired driving accidents making our roadways a safer place to travel; and
WHEREAS, the California Highway Patrol (CHP) Cannabis Tax Fund Grant Program requires that the City of Rocklin provide a resolution from its governing body in order to accept the grant funding and administer the grant; and
WHEREAS, the Police Department seeks approval to purchase one custom wrapped patrol vehicle, with CHP approved anti DUI/DUID messaging utilizing grant funding; and
NOW, THEREFORE , BE IT RESOLVED by the City Council of the City of Rocklin as follows:
Section 1. The City Council of the City of Rocklin hereby ratifies the Police Department’s grant application to the California Highway Patrol and authorizes the City Manager to execute a Grant Agreement with the California Highway Patrol (attached hereto as Exhibit B to the Resolution ) and all actions required to obtain and manage funds with the California Highway Patrol.
365
August 12, 2025 Page 2 of 2 Resolution No. 2025-
Section 2. The City Manager is autho rized to take necessary fiscal actions , including budgetary and accounting transactions, to implement and administer the grant in the Traffic Safety/Police Department Grant Fund (Fund 244) in an amount up to the grant award.
Section 3. The City Manager is authorized to take necessary actions, including establishing a purchase order, signing documents, and receiving and transmitting any materials required to procure the law enforcement vehicle for DUI enforcement and public education, at a cost not to excee d the grant amount and consistent with grant requirements and City policies.
Section 4. The City Council of the City of Rocklin agrees to abide by the terms and conditions of the grant agreement as set forth by CHP.
PASSED AND ADOPTED this 12th day of August, 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
____________________________________
Jill Gayaldo, Mayor
ATTEST:
____________________________
Avinta Singh, City Clerk
366
State of California-Transportation Agency GAVIN NEWSOM, Governor
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
Safety, Service, and Security An Internationally Accredited Agency
601 North 7th Street
Sacramento, CA 95811
(916) 843-4360
(800) 735-2929 (TT/TDD)
(800) 735-2922 (Voice)
June 13, 2025
File No.: 060.17344.17369
Karen Smith
Rocklin Police Department
4080 Rocklin Road
Rocklin, CA 95677
Dear Ms. Smith:
On behalf of the California Highway Patrol (CHP), it is my pleasure to inform you, the Rocklin Police Department, is conditionally approved for Cannabis Tax Fund Grant Program (CTFGP) funding in the amount of $168,483.00. The purpose of this grant funding is to help your agency reduce and mitigate the impacts of impaired driving in your community.
The official Grant Agreement for signature is forthcoming. In order to execute your Grant Agreement, please provide documentation from a local governing body, authorizing your organization to receive this grant funding, to the Cannabis Grants Unit, by email at [email protected], as soon as possible.
Refer to California Code of Regulations Title 13, Division 2, Chapter 13, Section 1890.13(g) for additional information.
The CHP looks forward to partnering with you and your agency on this project in an effort to make California’s roadways a safer place to travel. If you have any questions, please feel free to contact the Cannabis Grants Unit at (916) 843-4360.
Sincerely,
M. W. HEADRICK, Chief
Enforcement and Planning Division
367
State of California
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
GRANT AGREEMENT - Page 1
Award Number
23339
________________________________________________________________
1. GRANT TITLE
FY25/26 CTFGP Law Enforcement - Rocklin Police Department
2. NAME OF ORGANIZATION/AGENCY
Rocklin Police Department
3. ORGANIZATION/AGENCY SECTION TO ADMINISTER GRANT
Rocklin Police Department
4. PROJECT PERFORMANCE PERIOD
From: 07/01/2025 To: 06/30/2026
5. PURCHASE ORDER NUMBER
6. GRANT OPPORTUNITY INFORMATION DESCRIPTION
Law Enforcement grants provide financial assistance to allied agencies for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products.
The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the Organization/Agency’s effectiveness through training and development of new strategies.
7. FUNDS ALLOCATED UNDER THIS GRANT AGREEMENT SHALL NOT EXCEED $168,483.00
8. TERMS AND CONDITIONS
The Grantee agrees to complete the Project, as described in the Project Description. The Grantee’s Grant Application, and the California Code of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00- 1890.27, are hereby incorporated into this Grant Agreement by reference.
The parties hereto agree to comply with the Terms and Conditions of the following attachments:
• Schedule A – Project Description, Problem Statement, Goals and Objectives, and Method of Procedure • Schedule B – Detailed Budget Estimate
• Schedule B-1 – Budget Narrative
We, the officials named below, hereby swear, under penalty of perjury under the laws of the State of California, that we are duly authorized to legally bind the Grant recipient to the above-described Grant Terms and Conditions.
IN WITNESS WHEREOF, this Grant Agreement is executed by the parties hereto.
9. APPROVAL SIGNATURES
A. AUTHORIZED OFFICIAL OF ORGANIZATION/AGENCY
Name: Aly Zimmermann
Title: City Manager
Phone: (916) 625-5585
Ad
dress: 3970 Rocklin Road
Rocklin, CA 95677
E-Mail: [email protected]
____
_______________________ _______________
(Signature) (Date)
B. AUTHORIZED OFFICIAL OF CHP
Name: Andrew Beasley Phone: (916) 843-4360
Title: Captain Fax: (916) 322-3169
Addr
ess: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
____
_______________________ _______________
(Signature) (Date)
C. ACCOUNTING OFFICER OF CHP
Name: M. V. Fojas Phone: (916) 843-3531
Title: Commander Fax: (916) 322-3159
Addr
ess: 601 North 7th Street
Sacramento, CA 95811
E-Mai
l: [email protected]
____
_______________________ _______________
(Signature) (Date)
10. AUTHORIZED F INANCIAL CONTACT TO RECEIVE
REIMBURSEMENT PAYMENTS
Name:
Karen Smith
Title: Administrative Analyst
Phone: (916) 625-5585
Addr
ess: Rocklin Police Department
Attn: Accounts Receivable
4080 Rocklin Road
Rocklin, CA 95677
368
TERMS AND CONDITIONS
Grantee shall comply with the California Code of Regulations, Title 13, Division 2, Chapter 13 Section 1890, et seq. and all other Terms and Conditions noted in this Grant Agreement. Failure by the Grantee to comply may result in the termination of this Grant Agreement by the California Highway Patrol (hereafter referred to as State). The State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.
A. EXECUTION
1. The State (the California Highway Patrol) hereby awards, to the Grantee, the sum of money stated on page one of this Grant Agreement. This funding is awarded to the Grantee to carry out the Project set forth in the Project Description and the terms and conditions set forth in this Grant Agreement.
2. The funding for this Grant Agreement is allocated pursuant to California Revenue and Taxation Code Section 34019(f)(3)(B). The Grantee agrees that the State’s obligation to pay any sum under this Grant Agreement is contingent upon availability of funds disbursed from the California Cannabis Tax Fund to the State. If there is insufficient funding, the State shall have the option to either: 1) terminate this Grant Agreement; whereby, no party shall have any further obligations or liabilities under this Grant Agreement, or 2) negotiate a Grant Agreement Amendment to reduce the grant award and scope of work to be provided under this Grant Agree ment.
3. The Grantee is not to commence or proceed with any work in advance of receiving notice that the Grant Agreement is approved. Any work performed by the Grantee in advance of the date of approval by the State shall be deemed volunteer work and will not be reimbursed by the State.
4. The Grantee agrees to provide any additional funding, beyond what the State has agreed to provide, pursuant to this Grant Agreement, and necessary to complete or carry out the Project, as described in this Grant Agreement. Any modification or alteration of this Grant Agreement, as set forth in the Grant Application submitted by the Grantee and on file with the State, must be submitted in writing thirty (30) calendar days in advance to the State for approval.
5. The Grantee agrees to complete the Project within the timeframe indicated in the Project Performance Period, which is on page one of this Grant Agreement.
B. PROJECT ADMINISTRATION
1. The Grantee shall submit all reimbursements, progress, performance, and/or other required reports concerning the status of work performed in furtherance of this Grant Agreement on a quarterly basis, or as requested by the State.
2. The Grantee shall provide the State with a final report showing all Project expenditures, which includes all State and any other Project funding expended, within sixty (60) calendar days after completion of this Grant Agreement.
3. The Grantee shall ensure all equipment which is purchased, maintained, operated, and/or developed is available for inspection by the State.
4. Equipment purchased through this Grant Agreement shall be used for the education, prevention, and enforcement of impaired driving laws, unless the Grantee is funding a portion of the purchased price not dedicated to impaired driving and that portion is not part of the Project costs.
Equipment purchased under this Grant Agreement must only be used for approved Project- related purposes, unless otherwise approved by the State in writing.
5. Prior to disposition of equipment acquired under this Grant Agreement, the Grantee shall notify the State via e- mail, and by telephone, by calling the California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit at (916) 843-4360. 369
TERMS AND CONDITIONS
C. PROJECT TERMINATION
1. Grantee or the State may terminate this Grant Agreement at any time prior to the commencement of the Project. Once the Project has commenced, this Grant Agreement may only be terminated if the party withdrawing provides thirty (30) calendar days written notice of their intent to withdraw.
a. If by reason of force majeure the performance hereunder is delayed or prevented, then the term end date may be extended by mutual consent for the same amount of time of such delay or prevention. The term “force majeure” shall mean any fire, flood, earthquake, or public disaster, strike, labor dispute or unrest, embargo, riot, war, insurrection or civil unrest, any act of God, any act of legally constituted authority, or any other cause beyond the Grantee’s control which would excuse the Grantee’s performance as a matter of law.
b. Grantee agrees to provide written notice of an event of force majeure under this Grant Agreement within ten (10) calendar days of the commencement of such event, and within ten (10) calendar days after the termination of such event, unless the force majeure prohibits Grantee from reasonably giving notice within this period. Grantee will give such notice at the earliest possible time following the event of force majeure.
2. Any violations of law committed by the Grantee, misrepresentations of Project information by the Grantee to the State, submission of falsified documents by the Grantee to the State, or failure to provide records by the Grantee to the State when requested for audit or site visit purposes may be cause for termination. If the Project is terminated for the reasons described in this paragraph, the State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.
3. The State may terminate this Grant Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Grant Agreement at the time and in the manner herein provided. Furthermore, the Grantee, upon termination, shall return grant funds not expended by the Grantee as of the date of termination.
4. If this Grant Agreement is terminated, the State may choose to exclude the Grantee from future Grant Opportunities.
D. FINANCIAL RECORDS
1. The Grantee agrees the State, or their designated representative, shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Grant Agreement. Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated or required by law. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Furthermore, the Grantee agrees to include a similar right for the State to audit all records and interview staff in any subcontract related to performance of this Grant Agreement.
E. HOLD HARMLESS
1. The Grantee agrees to indemnify, defend, and save harmless the State, its officials, agents and employees from any and all claims and losses accruing or resulting to any and all Grantee’s staff, contractors, subcontractors, suppliers, and other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Grant Agreement, and from any and all claims and losses accruing or resulting to any person, agency, firm, corporation who may be injured or damaged by the Grantee in performance of this Grant Agreement.
370
TERMS AND CONDITIONS
F. NONDISCRIMINATION
1. The Grantee agrees to comply with State and federal laws outlawing discrimination, including, but not limited to, those prohibiting discrimination because of sex, race, color, ancestry, religion, creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer or genetic characteristics), sexual orientation, political affiliat ion, position in a labor dispute, age, marital status, and denial of statutorily-required employment- related leave. (GC 12990 [a-f] and CCR, Title 2, Section 8103.)
G. AMERICANS WITH DISABILITIES ACT
1. The Grantee assures the State it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
H. DRUG-FREE WORKPLACE
1. The Grantee shall comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
i. The dangers of drug abuse in the workplace.
ii. The person's or Organization/Agency's policy of maintaining a drug-free workplace.
iii. Any available counseling, rehabilitation, and employee assistance programs.
iv. Penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the Project will:
i. Receive a copy of the company's drug-free workplace policy statement.
ii. Agree to abide by the terms of the company's statement as a condition of employment on the Grant Agreement.
2. Failure to comply with these requirements may result in suspension of payments under this Grant Agreement, or termination of this Grant Agreement, or both, and Grantee may be ineligible for award of any future Grant Agreements if the department determines that any of the following has occurred:
a. The Grantee has made false certification or violated the certification by failing to carry out the requirements, as noted above. (GC 8350 et seq.)
I. LAW ENFORCEMENT AGENCIES
1. All law enforcement Organization/Agency/Agency Grantees shall comply with California law regarding racial profiling. Specifically, law enforcement Organization/Agency/Agency Grantees shall not engage in the act of racial profiling, as defined in California Penal Code Section 13519.4.
371
TERMS AND CONDITIONS
J. LABOR CODE/WORKERS' COMPENSATION
1. The Grantee is advised and made aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Grant Agreement, (refer to Labor Code Section 3700).
K. GRANT APPLICATION INCORPORATION
1. The Grantee agrees the Grant Application and any subsequent changes or additions approved or required by the State is hereby incorporated into this Grant Agreement.
L. STATE LOBBYING
1. The Grantee is advised that none of the funds provided under this Grant Agreement may be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a state official, whose salary is supported by this Grant Agreement, from engaging in direct communications with the state or local legislative officials, in accordance with customary state and/or local practice.
M. REPRESENTATION AND WARRANTIES
1. The Grantee represents and warrants that:
a. It is validly existing and in good standing under the laws of the State of California, has, or will have the requisite power, authority, licenses, permits, and the like necessary to carry on its business as it is now being conducted and as contemplated in this Grant Agreement, and will, at all times, lawfully conduct its business in compliance with all applicable federal, state, and local laws, regulations, and rules.
b. It is not a party to any Grant Agreement, written or oral, creating obligations that would prevent it from entering into this Grant Agreement or satisfying the terms herein.
c. If the Grantee is a Nonprofit Organization/Agency, it will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax - exempt status. If the Grantee subcontracts with a Nonprofit as part of this Grant Agreement, the Grantee shall ensure the Nonprofit will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax-exempt status.
d. All of the information in its Grant Application and all materials submitted are true and accurate.
N. AIR OR WATER POLLUTION VIOLATION
1. Under the state laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 372
TERMS AND CONDITIONS
O. GRANTEE NAME CHANGE
1. Grantee agrees to immediately inform the State, in writing, of any changes to the name of the person within the Organization/Agency/Agency with delegated signing authority.
2. An Amendment is required to change the Grantee's name, as listed on this Grant Agreement. Upon receipt of legal documentation of the name change, the State will process the Amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said Amendment.
P. RESOLUTION
1. A county, city, district, or other local public body shall provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body, which by law, has authority to enter into a Grant Agreement, authorizing execution of the Grant Agreement.
Q. PAYEE DATA RECORD FORM STD. 204
1. This form shall be completed by all non-governmental Grantees.
R. FINANCIAL INFORMATION SYSTEM FOR CALIFORNIA GOVERNMENT AGENCY TAXPAYER ID FORM
1. This form shall be completed by all Grantees.
S. CONFLICT OF INTEREST
1. This section serves to make the Grantee aware of specific provisions related to current or former state employees. If Grantee has any questions regarding the status of any person rendering services or involved with the Grant Agreement, the Grantee shall contact the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) immediately for clarification.
2. Current State Employees:
a. No officer or employee shall engage in any employment, activity, or enterprise, from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required, as a condition of regular state employment.
b. No officer or employee shall contract on their own behalf, as an independent Grantee, with any state agency to provide goods or services.
3. Former State Employees:
a. For the two-year period from the date they left state employment, no former state officer or employee may enter into a contract in which they engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to this Grant Agreement while employed in any capacity by any state agency.
b. For the 12-month period from the date they left state employment, no former state officer or employee may enter into a contract with any state agency if they were employed by that state agency in a policy-making position in the same general subject area as the proposed Grant Agreement within the 12-month period prior to their leaving state service.
4. The authorized representative of the Grantee Organization/Agency, named within this Grant Agreement, warrants their Organization/Agency and its employees have no personal or financial interest and no present or past employment or activity, which would be incompatible with 373
TERMS AND CONDITIONS
participating in any activity related to this Grant Agreement. For the duration of this Grant Agreement, the Organization/Agency and its employees will not accept any gift, benefit, gratuity or consideration, or begin a personal or financial interest in a party who is associated with this Grant Agreement.
5. The Grantee Organization/Agency and its employees shall not disclose any financial, statistical, personal, technical, media-related, and/or other information or data derived from this Grant Agreement, made available for use by the State, for the purposes of providing services to the State, in conjunction with this Grant Agreement, except as otherwise required by law or ex plicitly permitted by the State in writing. The Grantee shall immediately advise the State of any person(s) who has access to confidential Project information and intends to disclose that information in violation of this Grant Agreement.
6. The Grantee will not enter into any Grant Agreement or discussions with third parties concerning materials described in paragraph five (5) prior to receiving written confirmation from the State that such third party has a Grant Agreement with the State, similar in nature to this one.
7. The Grantee warrants that only those employees who are authorized and required to use the materials described in paragraph 5 will have access to them.
8. If the Grantee violates any provisions in the above paragraphs, such action by the Grantee shall render this Grant Agreement void.
T. EQUIPMENT-USE TERMS
1. The Grantee agrees any equipment purchased under this Grant Agreement shall be used for impaired driving efforts.
2. Law Enforcement Projects:
a. Oral Fluid Drug Screening Devices and Cannabis/Marijuana Breath Testing Equipment - The Grantee agrees to ensure all personnel using road-side drug testing equipment, including oral fluid drug testing devices and/or cannabis/marijuana breath testing devices, purchased with grant funds from this Grant Agreement, are trained to recognize alcohol and drug impairment.
At a minimum, personnel using these devices should receive Standardized Field Sobriety Testing training. These personnel are also encouraged to attend Advanced Roadside Impaired Driving Enforcement and Drug Recognition Evaluator training. Prior to using these devices, the Grantee agrees to obtain permission from their local prosecutor’s office, establish a policy ensuring appropriate use, and require the staff using these devices to receive appropriate training, which may include training from the manufacturer. This will help ensure the equipment is used appropriately. The Grantee shall advise the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) of any legal challenges or other items of significance that may affect the use or legal acceptance of these devices.
Additionally, the State may request additional information about the performance of these devices, including information about their use, accuracy, and feedback from personnel using the devices.
b. Law Enforcement Vehicles – The Grantee agrees any law enforcement vehicles purchased with Grant funds, from this Grant Agreement, will be primarily used for the enforcement of driving under the influence laws and/or providing public education, related to the dangers of driving under the influence. Additionally, any vehicle purchased using funds from this Grant Agreement shall comply with all California Vehicle Code and California Code of Regulation requirements. The State may require the Grantee to mark these vehicles with a decal and/or emblem, indicating the vehicle is used for driving under the influence enforcement. 374
Schedule A
Rocklin Police Department
All grant awards, including any adjustments to requested funding, were made by the Cannabis Grants Unit based on the merits of the Grant Application, scale of operation, and in accordance with the Request for Application (RFA) requirements and associated regulations. As a result, not all Project activities and items detailed in Schedule A are applicable. Refer to Schedule B - Detailed Budget Estimate for approved Budget line items and Project activities. Project activities and items that are not clearly identified/specified in the Grant Agreement must be submitted to and approved by CGU prior to purchase.
Project Description
The proposed project is designed to significantly enhance our agency’s ability to combat DUI offenses through two added pivotal initiatives: procuring a specialized enforcement vehicle equipped for DUI prevention and enforcement and providing advanced DUI investigation training for our officers. The enforcement vehicle will be visually distinct, wrapped with powerful anti-DUI messages to increase public awareness and deter impaired driving. It will function not only as a tool in enforcement operations but also as a mobile educational billboard at schools, community events, and other local gatherings to promote awareness of the dangers of impaired driving. In addition to the vehicle, the project seeks funding to provide our officers with specialized training in DUI investigation. This training will arm our personnel with the latest strategies and techniques for effectively identifying, evaluating, and investigating DUI offenses. With these enhanced skills, our officers will be better positioned to handle DUI cases with greater accuracy and effectiveness. By integrating these components—advanced training and a specialized vehicle—the project aligns with our commitment to improving traffic safety and reducing DUI incidents. The Department desires to continue its education and outreach engagements while performing strategic saturation patrols and a DUI/DUID checkpoint. This comprehensive approach not only increases the visibility of our DUI prevention efforts but also boosts our enforcement capabilities, making our roads safer for everyone. This strategy ultimately aims to decrease DUI occurrences, thereby creating a safer driving environment in our community.
Problem Statement & Proposed Solution
Problem Statement:
Our community faces a challenge with the increasing incidence of driving under the influence (DUI), which poses significant risks to public safety and well-being. Recent data indicates an alarming increase in DUI- related activity, with a total of 277 DUI arrests recorded in the past two years. This trend marks an increase of 29% in DUI arrests since last year. Particularly alarming is the 550% rise in DUI arrests among underage drivers—a clear call for immediate preventative action and stronger enforcement strategies. On top of this, our community has experienced 88 DUI-related injury accidents in the same timeframe, highlighting the pressing need for more rigorous DUI enforcement and heightened public education efforts. The lack of a dedicated enforcement vehicle and the need for more advanced training for officers aggravate the situation, hindering our department's capabilities to efficiently detect, deter, and address DUI incidents. (NOTE: Use of "DUI" throughout this application refers to DUI/DUID)
Proposed Solution:
To directly tackle the identified problems our project proposes a three-pronged approach:
1. Acquisition of a Fully Equipped DUI Enforcement Vehicle: We aim to purchase and outfit a dedicated enforcement vehicle with the necessary technology and equipment for DUI detection and prevention.
This vehicle will also serve an educational purpose, being wrapped with prominent anti -DUI messaging, thus acting as a mobile billboard to raise public awareness about the dangers of impaired driving.
2. Specialized DUI Investigation Training for Officers: To enhance the effectiveness of DUI enforcement, funding will also be allocated towards providing our officers with DUI investigation training. This will equip them with the latest techniques and knowledge for accurately identifying and investigating DUI cases, thereby improving the overall efficiency and effectiveness of our enforcement efforts.
3. Continued Education and Outreach: Focus on effective messaging to teens and the community concerning DUI consequences. Delivering repeated influential campaigns to keep the message fresh in the minds of drivers and passengers. Research indicates the average prospect needs to hear/see a message about seven times before they take action.
375
Schedule A
Statistical Justification:
The observed 29% rise in DUI-related incidents alongside a staggering 550% surge in arrests of underage DUI drivers over the past two years signals an escalating issue that demands prompt and focused action. • Annual DUI Statistics (2020 – 2024)
2020
• DUI Collision arrests: 28
• DUI arrests (no collision): 44
• Total DUI arrests: 72
2021
• DUI Collision arrests: 38
• DUI arrests (no collision): 71
• Total DUI arrests: 109
2022
• DUI Collision arrests: 39
• DUI arrests (no collision): 79
• Total DUI arrests: 118
2023
• DUI Collision arrests: 40
• DUI arrests (no collision): 81
• Total DUI arrests: 121
2024
• DUI Collision arrests: 48
• DUI arrests (no collision): 108
• Total DUI arrests: 156
• Total DUI arrests for the past five years: 576
The following data is Rocklin Police Department’s underage (under 21 years old) DUI arrests:
2020: 3
2021: 8
2022: 12
2023: 2
2024: 13
This comprehensive strategy aims not just to enhance the capabilities of our officers but also to foster a culture of responsibility and safety among drivers, ultimately reducing the incidence of DUI in our community.
Performance Measures/Scope of Work
Project Activities:
1. 1 DUI/DUID Patrol Vehicle (Q1-2=Complete procurement process, Q2-4=Deployment of vehicle on patrols): Enhance patrol capabilities and efficiency in identifying DUI/DUID offenders; improved detection of DUI/DUID instances by our officers.
Justification: The specialized DUI/DUID patrol vehicle is prominently wrapped with impactful anti -DUI messaging and will serve as a moving billboard to elevate public awareness and deter impaired driving. It is equipped with advanced technology that increases officer safety, improves impaired drivers' identification, and promotes roadway safety in the community.
2. 4 DUI Investigation Training for Officers (Q1=Organize training sessions, Q2-4=Conduct training):
Improve officer skills and knowledge in DUI/DUID detection resulting in an increase in DUI/DUID identification ultimately resulting is reduced DUI/DUID crashes.
376
Schedule A
Justification: Training will provide officers with the latest investigative techniques, leading to more efficient and effective DUI/DUID incident handling. Two officers to attend and successfully complete the Standardized Field Sobriety Testing (SFST) training curriculum. Two officers to attend and successfully complete the Advanced Roadside Impaired Driving Enforcement (ARIDE) training curriculum.
3. 16 DUI Saturation Patrols (Q1=4, Q2=4, Q3=4, Q4=4): Aim to reduce DUI/DUID crashes by conducting targeted saturation patrols, decrease of DUI/DUID incidents by 10% year over year.
Justification: The frequency of DUI/DUID related collisions will decrease impaired driving, thereby enhancing community safety
4. 8 Educational Outreach & Presentations to High Schools (Q1=2, Q2=2, Q3=2, Q4=2): Educate at least 400 students annually on the dangers of impaired driving, reach a minimum of 100 students per presentation.
Justification: Early education can create lasting awareness among young drivers, potentially reducing future instances of DUI/DUID.
5. 1 DUI Checkpoint (Q1=0, Q2=0, Q3=1, Q4=0): Perform one DUI Checkpoint during fiscal year 2025- 2026. Education the community during checkpoint.
Justification: Publicized DUI/DUID checkpoints to deter drivers and educate the community.
Equipment/Direct Purchases:
1. DUI/DUID Patrol Vehicle:
• Quarter 1: Allocation of funds and procurement process initiation. • Quarter 2: Receipt and preparation of the vehicle for deployment. • Quarters 2-4: Utilization in patrol operations and education efforts.
2. DUI Investigation Training Materials:
• Quarter 1: Identification of training program opportunities. • Quarter 2-4: Execution of training sessions for officers.
3. Promotional Items:
• Purchase in Q1.
• Distributed across Quarters 1-4 at education/outreach and community events. • Consistent with the educational outreach objective, they will serve as tangible reminders of the DUI campaign's messages.
Custom printed flashlights or similar item
Qty 500
Unit cost $2.00
Set up/tax/shipping $100
Total cost $1,100
Custom printed keychains or similar item
Qty 750
Unit cost $1.75
Set up/tax/shipping $100
Total cost $1,413
Custom printed flyers/brochures
Qty 10,000
Unit cost $0.15
Set up/tax/shipping $100
Total cost $1600
377
Schedule A
Custom printed rubber bracelets or similar item
Qty 1,000
Unit cost $0.55
Set up/tax/shipping $100
Total cost $650
Custom printed magnets or similar item
Qty 1,500
Unit cost $0.35
Set up/tax/shipping $50
Total cost $575
Custom printed stickers or similar item
Qty 5,000
Unit cost $0.15
Set up/tax/shipping $50
Total cost $800
Activity Goals/Objectives:
1. Educational Outreach:
• Quarters 1-4: Execute two outreach initiatives, targeting diverse segments of the community, with a particular emphasis on high-risk groups.
• Increase community knowledge on DUI/DUID prevention.
2. DUI Checkpoints:
• Quarters 1-4: Conduct one DUI checkpoint during fiscal year 2025-2026 to intercept and discourage impaired driving.
• Generate media coverage to amplify the deterrence effect.
3. DUI Saturation Patrols:
• Quarters 1-4: Maintain the frequency of patrols to consistently monitor and deter impaired driving.
By operationalizing these goals and objectives, the Rocklin Police Department will not only demonstrate fiscal accountability but also significantly contribute to the reduction of DUI/DUID occurrences and the promotion of a safer community in the fiscal year 2025-2026.
Project Performance Evaluation
The Rocklin Police Department will utilize a multifaceted approach to evaluate the effectiveness and positive impacts of our DUI Enforcement and Education Project for the fiscal year 2025- 2026. Our evaluation strategy is designed to capture both quantitative and qualitative data, and we will enact a communication plan to regularly share project results with internal and external stakeholders.
Quantitative Evaluation:
1. DUI/DUID Incident Tracking:
We will monitor the number of DUI/DUID incidents monthly to compare with historical data, looking for a target reduction of 20% by the end of the fiscal year.
2. Saturation Patrol and Checkpoint Statistics:
Data from DUI saturation patrols and checkpoint will be tabulated, including the number of vehicles stopped, drivers tested, arrests made, and any public interactions.
3. Training Effectiveness:
Pre- and post-training assessments will be conducted to measure the improvement in officers' knowledge and capabilities in DUI/DUID detection and handling.
4. Educational Outreach Impact:
We will count the number of high school presentations given and gather feedback via surveys from student participants to gauge the level of increased awareness. 378
Schedule A
Qualitative Evaluation:
1. Community Feedback:
We will conduct community surveys to collect feedback on perceived changes in roadway safety and the effectiveness of DUI enforcement visibility.
2. Officer Testimonials:
Post-training, officers will be asked to provide qualitative feedback on how the training has impacted their enforcement approach and confidence in handling DUI/DUID situations.
3. Stakeholder Interviews:
Key community leaders and project partners will be interviewed for insights on the project's impact on community safety and DUI/DUID awareness.
Communication Plan:
1. Internal Reporting:
Monthly reports will be prepared for police department staff and city officials summarizing progress toward goals, incident data, and any challenges or successes.
2. External Outreach:
Social media updates will be distributed to inform the public of our progress, significant arrests, upcoming events, and educational opportunities.
3. Annual Performance Report:
At the end of the fiscal year, we will produce a comprehensive performance report detailing achievements, statistical trends, and anecdotal evidence of project effectiveness. This report will be presented to city officials, made accessible to the community via public meetings, and posted on relevant digital platforms, including the department's website.
Through this transparent and accountable approach to performance evaluation and communication, the Rocklin Police Department is committed to continuously assessing the effectiveness of our DUI Enforcement and Education Project and sharing the positive impacts on our community with a broad audience of stakeholders.
Program Sustainability
To ensure the sustainability of the DUI Enforcement and Education Project beyond the period of grant funding (FY 2025-2026), the Rocklin Police Department has developed a strategic plan focused on reducing reliance on future grant funds, securing alternative financing, and embedding the program within our ongoing community policing efforts. Our sustainability plan is built on multiple pillars, designed to ensure the project's continued impact on improving road safety and reducing DUI/DUID incidents.
Diversification of Funding Sources:
State and Federal Grants: W
hile reducing reliance on grant funding is our goal, we will continue to pursue other grant opportunities focusing on road safety and public health, to complement our funding strategy without creating dependency. We plan to apply for at least one alternative grant per fiscal year.
Community Donations and Sponsorships: I
nitiatives such as public fundraising events and donor drives will be organized to foster community investment in the project.
C
ost-Effective Program Implementation:
Volunteer Utilization: W e will increase the use of trained volunteers for certain educational components and administrative tasks, reducing the program’s operational costs. Implementation is targeted for Q1 FY 2026-2027.
In-K ind Contributions: By securing in-kind support (such as venue space for education sessions and materials from community partners), we can significantly lower the expenses associated with public outreach components in future years, FY 2026-2027.
379
Schedule A
Integration into Existing Programs:
Officer Training Integration: T he DUI/DUID recognition training will be embedded into our regular training curriculum for all officers, ensuring sustainability without additional costs, starting from FY 2026- 2027.
Public Education Efforts: O utreach and education components will be integrated into existing community policing and public safety initiatives, leveraging current resources and platforms.
E
valuation and Adaptation:
Performance Evaluation Framework: T he project’s evaluation framework (outlined in the response to the previous question) will enable us to continuously monitor efficiency and impact, ensuring that we can adapt to changing circumstances and funding landscapes, emphasizing cost -effective practices.
T
imeframe for Sustainability Efforts:
Short-T erm Goal (FY 2025 -2026): Diversify funding sources and start embedding program elements into ongoing initiatives.
Mid-T erm Goal (FY 2026- 2027): Establish funding streams from community donations and fully integrate training and public education into existing frameworks.
Long-T
erm Goal (By FY 2027- 2028): Achieve sustainable operation of the DUI Enforcement and Education Project with minimized dependency on grant funding, supported by a blend of community investment, partnerships, and embedded program elements.
By
proactively planning for sustainability, the Rocklin Police Department is dedicated to maintaining and growing the DUI Enforcement and Education Project, ensuring long-term benefits to road safety and public health within our community, regardless of future grant funding scenarios.
Administrative Support
Organization's Grant Experience:
Over the past decade, our department has successfully applied for, received, and managed multiple federal and state grants, including those focused on traffic safety, community policing, and public health initiatives.
Our prior grants have consistently been managed to align with all requirements, demonstrating our capacity to administer funds effectively and comply with reporting protocols.
Personnel:
• Grant Coordinator: An experienced member of our staff, who has previously overseen the administration of several grants, will be appointed as the Project Grant Coordinator. They will ensure that all grant-related activities align with the funding agency's guidelines and will oversee the preparation of financial reports, performance metrics, and compliance documentation. • Financial Officer: Our in-house financial officer will manage budget oversight, ensuring proper allocation of funds, and maintaining a transparent record of expenses. • Program Staff: Dedicated officers and administrative staff will carry out the project activities. The staff responsible for the project will receive training to understand the specific reporting and accountability requirements of the grant.
Physical Resources:
• Office Space: The Rocklin Police Department has designated office space with secure storage for maintaining confidential records related to the project. • Technology: We are equipped with up-to-date computer systems, including software for financial management, data analysis, and performance tracking, which are essential for project administration and reporting.
• Communication Tools: Our department has established systems for internal and external communication, ensuring that updates, progress, and results can be effectively communicated to stakeholders and the funding agency.
380
Schedule A
The department also possesses the necessary equipment for project implementation, including vehicles for enforcement patrols, testing devices for DUI/DUID detection, and educational materials for public outreach initiatives.
Overall, our organization's familiarity with grant management, combined with our dedicated personnel and physical infrastructure, positions us strongly for the successful implementation and administration of the DUI Enforcement and Education Project.
381
Schedule B
Detailed Budget Estimate
Award Number Organization/Agency Total Amount
23339 Rocklin Police Department $168,483.00
Cost Category Line Item Name Total Cost to Grant
Other Direct Costs
DUI Patrol Vehicle-Outfitting $41,400.00
Vehicle Wrap/Decals $5,000.00
Educational Materials and Supplies $6,138.00
Category Sub-Total $52,538.00
Personnel
Backfill $8,800.00
DUI Checkpoint $11,385.00
DUI Saturation Patrol $28,160.00
Presentations $5,280.00
Category Sub-Total $53,625.00
Travel
ARIDE Training - Attend Travel $1,572.00
SFST Training - Attend Travel $2,148.00
Category Sub-Total $3,720.00
Equipment
DUI Patrol Vehicle $58,600.00
Category Sub-Total $58,600.00
Grant Total $168,483.00
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Schedule B-1
Budget Narrative
Rocklin Police Department
Prior to engaging in grant-funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the grantee does not have primary traffic jurisdiction, the grantee should consult with the agency having primary traffic jurisdiction.
Other Direct Costs
DUI Patrol Vehicle-Outfitting
$41,400.00
DUI/DUID Vehicle-Outfitting
Drivers Compartment:
1 Center Console w/gun locks $5,000;
1 Scanner $500;
1 Radio $7,000;
1 MDT/Computer w/mount $4,200;
Outside Equipment:
1 Push Bumper $1,000;
1 Lightbar w/ Opticom $3,900;
1 Side lighting $2,000
1 Rear Facing Lighting $200
Prisoner Compartment:
1 Front partition $755;
1 Rear seat/partition $1,325
Door Covers and window bars $650
Back end equipment:
1 Cargo System w/storage $2,200;
1 Lighting controls $1,500
1 Wiring Harness/breakers $1,520
Labor $1,700
Educational Materials and Supplies
$6,138.00
Education/Outreach Materials $6,138
Custom printed flashlights or similar item
Qty 500
Unit cost $2.00
Set up/tax/shipping $100
Total cost $1,100
Custom printed keychains or similar item
Qty 750
Unit cost $1.75
Set up/tax/shipping $100
Total cost $1,413
Custom printed flyers/brochures
Qty 10,000
Unit cost $0.15
Set up/tax/shipping $100
383
Schedule B-1
Budget Narrative
Rocklin Police Department
Prior to engaging in grant-funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the grantee does not have primary traffic jurisdiction, the grantee should consult with the agency having primary traffic jurisdiction.
Total cost $1600
Custom printed rubber bracelets or similar item
Qty 1,000
Unit cost $0.55
Set up/tax/shipping $100
Total cost $650
Custom printed magnets or similar item
Qty 1,500
Unit cost $0.35
Set up/tax/shipping $50
Total cost $575
Custom printed stickers or similar item
Qty 5,000
Unit cost $0.15
Set up/tax/shipping $50
Total cost $800
Vehicle Wrap/Decals
$5,000.00
Vehicle Wrap/Decals for impactful anti-DUI messaging on DUI Patrol Vehicle. Decals and messaging will be sent to CHP for pre-approval.
Personnel
Backfill
$8,800.00
Backfill FYI - personnel who are doing the coverage
Backfill for 2 officers to attend SFST Training
2 officers/3 days @ 8 hrs/day/$110 OT rate (salaries and benefits) Backfill for 2 officers to attend ARIDE Training 2 officers/2 days @ 8 hrs/day/$110 OT rate (salaries and benefits)
Presentations
$5,280.00
8 Presentations=$5,200
2 Officers/Officer= OT $110 per hour (salaries and benefits) 3 hours per officer/presentation
24 hours per officer/48 hours total
DUI Saturation Patrol
$28,160.00
16 DUI Saturation Patrols=$28,160
2 Officers/Officer= OT $110 per hour (salaries and benefits) 8 hours per officer/saturation patrol
128 hours per officer/256 hours total
384
Schedule B-1
Budget Narrative
Rocklin Police Department
Prior to engaging in grant-funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the grantee does not have primary traffic jurisdiction, the grantee should consult with the agency having primary traffic jurisdiction.
DUI Checkpoint
$11,385.00
1 DUI Checkpoint=$11,385
9 Officers/Officer= OT $110 per hour (salaries and benefits) 1 Sergeant/Sergeant=OT $135 per hour (salaries and benefits) 1 Dispatcher/Dispatcher=OT $70 per hour (salaries and benefits) 1 Customer Service Officer/CSO = OT $70 per hour (salaries and benefits) 9 hours per officer, dispatcher, CSO, Sergeant/checkpoint 9 hours per officer, dispatcher, CSO, Sergeant/81 hours total
Travel
ARIDE Training - Attend Travel
$1,572.00
ARIDE Training= $0, location in Northern CA;
2 Officers Mileage = $105 each way/round trip= $210 or $420 for 2 (up to 150 miles each way) Per diem=$68 per day/2 days/2 officers=$272
Lodging=$195 per night + taxes/2 nights=$440 or $880 for 2
SFST Training - Attend Travel
$2,148.00
SFST Training= $0, location in Northern CA;
2 Officers Mileage = $105 each way/round trip= $210 or $420 for 2 (up to 150 miles each way) Per diem=$68 per day/3 days/2 officers=$408
Lodging=$195 per night + taxes/3 nights=$660 or $1,320 for 2 (Use GSA lodging rate allowances)
Equipment
DUI Patrol Vehicle
$58,600.00
DUI/DUID Patrol Vehicle
1 Chevy Tahoe=$58,600
Standard patrol vehicle with standard upfitting with requested anti-DUI messaging for impact
385
City Council
Staff Report
Subject:
California State Office of Traffic Safety (OTS) Grant
Date:
August 12, 2025
Submitted By:
Andrew Barrington, Police Officer
Chris Osborne, Lieutenant
Rustin Banks, Police Chief
Department:
Police
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Ratifying the Submission of the Office of Traffic Safety (OTS) Grant Application for Selective Traffic Enforcement Program (STEP) and Accepting an Award in the amount of $70,000 and Authorize the City Manager to Sign the Grant Agreement and Necessary Grant Documentation.
Background:
The State of California Office of Traffic Safety (OTS) is California’s designated highway safety office that awards approximately 500 grants annually to state and local sub-recipients for innovative, evidence-based education and enforcement programs designed to improve the safety of everyone on California roads. Through federal funding made available to the states by the National Highway Traffic Safety Administration (NHTSA), the OTS funds over $140 million for programs that address the state’s current and future traffic safety needs. The OTS mission is to deliver traffic safety programs to prevent people from being killed and seriously injured in California.
In January the Rocklin Police Department submitted a Grant Application to OTS for the Selective Traffic Enforcement Program (STEP). The application complied with the guidance provided in the California Office of Traffic Safety Grant Program Manual.
The application highlighted specific traffic accident primary collision factors and other influences that lead to fatal and/or injury collisions in 2024 like unsafe speed (19%), unsafe turning movements (13%), and driving while under the influence (12%). In addition, the application documented the continued significant problems related to distracted drivers/driving.
In 2024 Rocklin Police Officers issued 699 cell phone citations, up from 615 citations in 2023 and 460 citations in 2022.
To address these primary collision factors and other influences, Rocklin’s grant performance measures will include directed speed enforcement operations near collision sites, targeted enforcement operations at intersections where collisions were reported, and the performance Item Number C13.
386
of scheduled enforcement operations near areas reporting unsafe turning maneuvers. The Department will also conduct highly visible and publicized directed enforcement operations to aggressively enforce cell phone laws.
On June 17, 2025 the authorizing officer of the Office of Traffic Safety accepted the City’s submittal and tentatively approved an award in the amount of $70,000. The final award agreement will be forthcoming September 2025 from the Office of Traffic Safety.
The Grant Agreement being presented today is the tentative document, pending the California Office of Traffic Safety’s own funding award from the Federal Government. The California Office of Traffic Safety awards funding for California law enforcement agency award recipients from a yearly funding that they receive from the Federal Government.
Fiscal Impact:
There is no additional fiscal impact associated with the staff recommendation, and the grant funding does not require a City match. The recommendation includes the necessary budget authority to implement and administer the $70,000 grant in the Traffic Safety/Police Grants Fund (244).
ATTACHMENTS:
1. Resolution
2. Resolution Exhibit A - Email Notice of Tentative Award
3. Resolution Exhibit B -Tentative Draft Grant Agreement - PT26183 Rocklin PD 387
August 12, 2025 Page 1 of 2 Resolution No. 2025-
RESOLUTION NO. 2025-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
RATIFYING THE SUBMISSION OF THE OFFICE OF TRAFFIC SAFETY (OTS)
GRANT APPLICATION FOR SELECTIVE TRAFFIC ENFORCEMENT
PROGRAM (STEP) AND ACCEPTING AN AWARD IN THE AMOUNT OF
$70,000 AND AUTHORIZE THE CITY MANAGER TO SIGN THE GRANT
AGREEMENT AND NECESSARY GRANT DOCUMENTATION
WHEREAS, the State of California Office of Traffic Safety (OTS) t hrough grant funding made available to California by the National Highway Traffic Safety Administration (NHTSA), OTS annually funds over $140 million in innovative, evidence-based education and enforcement programs designed to make California’s roadways safer; and
WHEREAS, OTS works with approximately 500 state and local agencies to make the most effective use of federal grant program funds; and
WHEREAS, on or about January 21, 2025 Rocklin Police Department submitted a Grant Application to OTS for the Selective Traffic Enforcement Program (STEP). The application complied with the guidance provided in the California Office of Traffic Safety Grant Program Manual; and
WHEREAS, on June 17, 2025 the authorizing officer of the Office of Traffic Safety accepted the City’s submittal and tentatively approved an award to the City in the amount of $70,000 (attached hereto as Exhibit A Award Letter and Exhibit B Grant Agreement to the Resolution); and
WHEREAS, the final award is forthcoming on or about September 2025 from Office of Traffic Safety and staff recommends the City Council approve the actions as set forth in this Resolution in an effort to be prepared to accept and receive the Grant Funds an d execute the Grant Agreement and any associated, necessary Grant documentation without delay upon final award.
NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:
Section 1. The City Council of the City of Rocklin hereby ratifies the submission of Office of Traffic Safety (OTS) Grant Application for Selective Traffic Enforcement Program (STEP) for Grant Number PT26183 and accepts the Grant award in the amount of $70,000 with the specific terms of the Grant Agreement, in the form as attached hereto as Exhibit B or substantially similar Grant Agreement form, for the period of October 1, 2025 through September 30, 2026.
388
August 12, 2025 Page 2 of 2 Resolution No. 2025-
Section 2. The City Council of the City of Rocklin hereby authorizes the City Manager to sign the Grant Agreement and sign subsequent amendments to the Grant Agreement consistent with the Application’s subject matter and scope of work and subject to City Attorney approval as to form . The City Manager or designee is further authorized to sign any and all necessary documents and forms as may be required in order to receive and implement the Grant Funds.
Section 3. The City Council of the City of Rocklin hereby a uthorizes the City Manager to execute and submit any and all necessary documentation and take any necessary financial actions, including budgeting and accounting, to implement and administer the Grant in accordance with Grant requirements and City policies.
PASSED AND ADOPTED this 12th day of August, 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Jill Gayaldo, Mayor
ATTEST:
Avinta Singh, City Clerk
389
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
From: Rustin Banks
To: Karen L. Smith
Subject: FW: Tentative Draft Grant Agreement - PT26183 Rocklin PD Date: Tuesday, June 17, 2025 5:06:45 PM
Attachments: Tentative Draft Grant Agreement - PT26183 Rocklin PD.pdf image002.png
From: Knowles, Mikaela@OTS <[email protected]> Sent: Tuesday, June 17, 2025 2:22 PM
To: Andrew Barrington <[email protected]>; Rustin Banks <[email protected]>
Subject: Tentative Draft Grant Agreement - PT26183 Rocklin PD
Good afternoon,
I have attached the tentative draft grant agreement for your 2026 STEP grant. Please read the draft grant agreement, including the problem statement, and note any necessary changes Tuesday, June 24 th. If everything
looks good and doable, please respond with “approved” and I will continue the approval process to get you the final agreements as soon as possible.
STEP Tentative Award: $70,000
164AL: $42,000
402PT: $18,000
405e: $8,000
1906: $2,000
Address to Receive Payments
Please verify the address to receive payments, this is the one on file:
3970 Rocklin Rd.
Rocklin, CA 95677
Grant Agreement
390
Review the number of objectives and make sure they are reasonable when compared to the line-item funding on the budget.
Confirm the benefit rate and provide the breakdown of costs (i.e., 1.45% Workers Comp, 2% - Medicare, etc.).
Confirm the Grant Director, Fiscal Official, Authorizing Official, and Primary Contact are correct. If an update is needed, please provide me the names, titles, email addresses, and phone numbers of who will be filling the role(s).
Confirm the number of officers attending the SFST, ARIDE, DRE, DRE Recertification, Instructor, and/or DUI Checkpoint Management trainings.
After you review everything and send back changes (if any), I will submit the draft to start the approval process. Once it has been approved, I will send you the final grant agreement for signature. It will be at least a couple weeks until I can get the final grant agreement back to you. If you must go to City Council/Board of Supervisors for approval, please check to make sure they are not on break and/or do not have another scheduling issue. If there is going to be limited time for any reason, please let me know so I can get a rush on your grant.
Please do not send out any press releases, the award amounts are still tentative. NHTSA has not
approved the funding yet.
You do not need to get any signatures on this draft, you will only need signatures on the final grant agreement. If you have any questions, please feel free to contact me.
Thank you!
Mikaela Knowles
Grant Coordinator, Operations
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(916) 509-3048
[email protected]
www.ots.ca.gov
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State of California – Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
PT26183
1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)
2. NAME OF AGENCY 3. Grant Period
Rocklin From:
To:
10/01/2025
09/30/2026 4. AGENCY UNIT TO ADMINISTER GRANT
Rocklin Police Department
5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. In addition, the department will participate in community collaboration and engagement activities to engage in conversations regarding traffic safety with community members.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed:
Allocation is contingent upon availability of federal funds. $70,000.00
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
Schedule A – Problem Statement, Goals and Objectives and Method of Procedure Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable) Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable) Exhibit A – Certifications and Assurances
Exhibit B* – OTS Grant Program Manual
Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Rustin Banks
Chief of Police
(916) 625-5400
4080 Rocklin Road
Rocklin, CA 95677
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Aly Zimmermann
City Manager
916-625-5585
3970 Rocklin Road
Rocklin, CA 95677
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL
D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Daniel Choe
Deputy Director of Administrative Services
(916) 625-5024
3970 Rocklin Road
Rocklin, CA 95677
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Stephanie Dougherty
Director
(916) 509-3030
2208 Kausen Drive Suite 300
Sacramento, CA 95758
(Signature) (Date) (Signature) (Date)
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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED
EXPENDITURES
AGREEMENT
TOTAL $70,000.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$70,000.00
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $70,000.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu
SAM #:
REGISTERED
ADDRESS:
CITY:
ZIP+4:
F9JTDAHKSBX5
3970 Rocklin Rd
Rocklin
95677-2720
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
PT26183
1. PROBLEM STATEMENT
Describe the city, county, or jurisdiction this grant will impact.
The City of Rocklin is a rapidly growing, primarily residential community of approximately 75,000 people. It is bordered to the north by Loomis and Lincoln and to the south and west by Roseville. There are two major freeways, Interstate 80 and Highway 65, which run through the city with numerous exits into Rocklin. There are 21 highly ranked public and charter schools within the city. These generate heavy morning and afternoon pedestrian and vehicular traffic. The schools accept students from neighboring cities, which further increases the traffic volume during those times. Sierra Community College, which hosts approximately 20,000 students per year at their Rocklin Campus, generates significant weekday traffic. There are several major commercial stores on the northeast end of the city, in close proximity to I-80, including a Bass Pro Shop, Walmart Superstore, Target, and a number of high end auto dealers, which draws a significant amount of traffic to the area during both weekdays and weekends. A nearby casino just outside of the city limits is a major area tourist attraction off of Highway 65 bringing vehicular traffic from all over the state into the northwest side of Rocklin.
The Rocklin Police Department’s Traffic Unit once consisted of three officers and a sergeant. During the economic recession of the late 2000s, the Traffic Unit was reduced to just two officers. In 2021, the Department began rebuilding the traffic unit with a new sergeant and traffic officer. Staffing shortages have kept the unit from expanding though a second traffic officer has been selected and will join the unit once staffing has returned to acceptable minimums.
Describe the problem(s) to be addressed, supported by current and relevant crash data. (most recent calendar year data/stats).
Unsafe speed has been the most common primary crash factor in seven of the last eight years, accounting for 19% of all injury crashes in 2024. And since as speed increases, so does the probability of injury and death when a vehicle is involved in a crash, speeding remains a primary concern for our department.
Unsafe turning movements rose from the third to second most common primary crash factor accounting for 13% of all injury crashes in Rocklin. This displaced failing to stop for red lights, which did not make the top three at all.
Driving while under the influence of alcohol and/or a controlled substance has in the past commonly been the third or fourth most common crash factor. In 2024, it came in just behind unsafe turning movements accounting for 12% of all injury crashes.
Another significant problem within the city is the presence of distracted drivers. It is much more difficult to quantify through crash statistics because none of the cell phone laws can be used as a primary crash factor.
Furthermore, cell phone use is much more difficult to prove at the scene of a crash, like unsafe speed can be proven through skids, or red light violations through traffic cameras, and because drivers in crashes are unlikely to admit they were using a cell phone to investigating officers.
However, Rocklin PD officers have aggressively enforced cell phone violations over the past several years.
In 2024 RPD officers issued 699 cell phone citations, up from 615 cell phone citations in 2023, and 460 cell phone citations in 2022.
Define the target population the grant intends to serve and how they are affected by the problem(s). 394
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While 2024 proved to be a year without any traffic fatalities in the City of Rocklin, the past four fatal crashes have included a person under the age of 20 years old (as a driver, suspect, pedestrian and/or victim). Therefore, much of the enforcement activities will occur near the schools, during school pickup and drop off hours, to help mitigate the dangerous driving that occurs at those times. Since most schools are located in residential areas, these resident populations will receive a corollary benefit from the enforcement activities. Similarly, all of the traffic education presentations will occur at the schools, and will likely continue to focus on bicycle / e-bike safety, which has been both a rising concern and a rising factor in injury crashes in Rocklin.
DUI Saturation Patrols and DUI Checkpoints will continue to utilize statistic based approaches to target days, times, and locations where prior DUI crashes and/or arrests have occurred. These tend to be near major intersections, near freeway on/off ramps, and near places where alcohol is consumed. Therefore, our business districts and major thoroughfares will receive a benefit from this enforcement.
Finally, cell phone enforcement tends to focus on major thoroughfares during commute hours.
In this way all areas and populations of Rocklin will receive some benefit of enforcement in their respective areas, at times when they are most likely to be involved in a crash due to drivers committing traffic violations common to that area and time.
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic crashes.
2. Reduce the number of persons injured in traffic crashes.
3. Reduce the number of pedestrians killed in traffic crashes.
4. Reduce the number of pedestrians injured in traffic crashes.
5. Reduce the number of bicyclists killed in traffic crashes.
6. Reduce the number of bicyclists injured in traffic crashes.
7. Reduce the number of persons killed in alcohol-involved crashes.
8. Reduce the number of persons injured in alcohol-involved crashes.
9. Reduce the number of persons killed in drug-involved crashes.
10. Reduce the number of persons injured in drug-involved crashes.
11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.
12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.
13. Reduce the number of motorcyclists killed in traffic crashes.
14. Reduce the number of motorcyclists injured in traffic crashes.
15. Reduce hit & run fatal crashes.
16. Reduce hit & run injury crashes.
17. Reduce nighttime (2100 - 0259 hours) fatal crashes.
18. Reduce nighttime (2100 - 0259 hours) injury crashes.
B. Objectives: Target Number
1. Issue a news release announcing the kick-off of the grant by December 31st. The kick-off news releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:
National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
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3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 2 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 2 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training (classroom and field training must be completed).
0 7. Send law enforcement personnel to the DRE Recertification training. 0
8. Send law enforcement personnel to SFST Instructor training. 0
9. Send law enforcement personnel to DRE Instructor training. 0
10. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
2 11. Conduct DUI Saturation Patrol operation(s). 6
12. Conduct Warrant Service operation(s) targeting multiple DUI offenders who fail to appear in court.
3 13. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
14 14. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
10 15. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 1 16. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 1 17. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 18. Participate in highly visible collaborative DUI Enforcement operations. 1
19. Participate in highly visible collaborative Traffic Enforcement operations. 2
20. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
1 21. Participate in community collaboration and engagement activities to engage in conversations regarding traffic safety to both share information and receive input from the community members.
4 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year) The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
Conduct all training needed to implement the program, in the first quarter. Purchase all grant related supplies and materials to implement the program, in the first quarter. Items with a unit cost of $5,000 more (including tax and shipping) must comply with Buy America. 396
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In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly. Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.
Media Requirements
Issue a news release approved by the OTS PIO announcing the kick-off of the grant by December 31 and after the grant is signed and executed, but no sooner than October 1, the start of the grant year. The kick-off release must be approved by the OTS PIO. If you are unable to meet the December 31 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.
B. Phase 2 – Program Operations (Throughout Grant Year) Media Requirements
The following requirements are for all grant-related activities:
Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
Send all PowerPoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator. Pre-approval is not required when using any OTS-supplied template for media advisories, news releases, social media graphics, videos or posts, or any other OTS-supplied educational material.
However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a news release, educational material, or link to social media post.
If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator.
News releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are EXEMPT from the OTS PIO approval process.
The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are EXEMPT from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with the embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email. Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval.
Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid 397
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media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication. Use the following standard language in all press, media, and printed materials, space permitting:
Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult the OTS PIO and copy your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.
Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.
If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs. Any news releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website. Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.
C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)
1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)
2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
Collect and report quarterly, appropriate data that supports the progress of goals and objectives. Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
Collect, analyze and report statistical data relating to the grant goals and objectives.
4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
PT26183
FUND NUMBER CATALOG
NUMBER (CFDA)
FUND DESCRIPTION TOTAL AMOUNT
164AL-26 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$42,000.00
402PT-26 20.600 State and Community Highway
Safety
$18,000.00
405e DDL-26 20.616 Distracted Driving Laws $8,000.00
1906-26 20.611 Racial Profiling Prohibition Grants $2,000.00
COST CATEGORY FUND
NUMBER
UNIT COST OR
RATE
UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-26 $10,000.00 2 $20,000.00
DUI Saturation Patrols 164AL-26 $1,200.00 6 $7,200.00
Warrant Service Operations 164AL-26 $2,300.00 3 $6,900.00 Collaborative DUI Enforcement 164AL-26 $1,200.00 1 $1,200.00 Benefits for 164AL OT @13.19% 164AL-26 $35,300.00 1 $4,656.00 Traffic Enforcement 402PT-26 $756.00 14 $10,584.00
Pedestrian and Bicycle Enforcement 402PT-26 $756.00 1 $756.00 Motorcycle Safety Enforcement 402PT-26 $756.00 1 $756.00 Collaborative Traffic Enforcement 402PT-26 $756.00 2 $1,512.00 Traffic Safety Educational Presentations 402PT-26 $189.00 2 $378.00 Benefits for 402PT OT @ 13.19% 402PT-26 $13,986.00 1 $1,845.00 Distracted Driving Enforcement 405e DDL-
26 $706.80 10 $7,068.00
Benefits for 405e OT @ 13.19% 405e DDL-
26 $7,068.00 $932.00
Community Collaboration Engagement 1906-26 $441.80 4 $1,767.00 Benefits for 1906 OT @ 13.19% 1906-26 $1,767.00 1 $233.00 Category Sub-Total $65,787.00
B. TRAVEL EXPENSES
In State Travel 402PT-26 $2,169.00 1 $2,169.00
$0.00
Category Sub-Total $2,169.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-26 $2,044.00 1 $2,044.00
Category Sub-Total $2,044.00
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F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $70,000.00
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
PT26183
BUDGET NARRATIVE
PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Warrant Service Operations - Overtime for grant funded Warrant Service Operations conducted by appropriate department personnel.
Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Benefits for 164AL OT @13.19% -
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Motorcycle Safety Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
Traffic Safety Educational Presentations - Overtime for grant funded traffic safety educational presentations conducted by appropriate department personnel.
Benefits for 402PT OT @ 13.19% -
Distracted Driving Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Benefits for 405e OT @ 13.19% - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Community Collaboration Engagement - Overtime for grant funded community collaborative engagement conducted by appropriate department personnel.
Benefits for 1906 OT @ 13.19% -
TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the OTS Traffic Safety Law Enforcement Forum.
Anticipated travel may include the OTS Traffic Safety Law Enforcement Forum. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.
CONTRACTUAL SERVICES
-
EQUIPMENT
-
OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device Supplies, PAS Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and 401
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canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed.
INDIRECT COSTS
-
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.
Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.
The OTS grant funded activities must be separate from the CHP Cannabis Tax Fund Grant Program activities and maintained under separate accounting/tracking/other codes (example: the same DUI checkpoint may not be funded by both the CHP and the OTS).
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The Certifications and Assurances are being finalized by the National Highway Traffic Safety Administration, once they are available, they will be added to the grant agreement. 403
City Council
Staff Report
Subject:
Masonry Wall Repair - Notice of Completion
Date:
August 12, 2025
Submitted By:
Rick Lawrence, Public Works Manager
Justin Nartker, Public Works Director
Department:
Public Works
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Accepting the Public Work Known as the Masonry Wall Repair, Approving the Notice of Completion Thereof, and Authorizing and Directing the Execution and Recordation of Said Notice on Behalf of the City (Hinkley’s Masonry).
Background:
On December 10, 2024, the City Council awarded the Masonry Wall Repair project (Resolution No. 2024-268) to Hinkley’s Masonry in the amount of $49,300, plus a 15% contingency ($7,395), for a total not-to-exceed project amount of $56,695. This project involved removing and replacing damaged Proto II masonry walls at five locations within the City (see Attachment 2 for Project Locations).
The project was completed on May 9, 2025. During final review, it was determined that a billing error in materials resulted in a credit of $492.92 to the City from one of the suppliers.
This credit reduced the final contract amount to $48,807.08.
Staff recommends that the City Council accept the public work known as the Masonry Wall Repair, approve the Notice of Completion, and authorize and direct the execution and recordation of the Notice of Completion on behalf of the City.
Fiscal Impact:
There is no direct fiscal impact associated with approving the Notice of Completion.
Item Number C14.
ATTACHMENTS:
1. Resolution
2. Project Locations
404
RESOLUTION NO. 2025-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
ACCEPTING THE PUBLIC WORK KNOWN AS THE MASONRY WALL
REPAIR, APPROVING THE NOTICE OF COMPLETION THEREOF,
AND AUTHORIZING AND DIRECTING THE EXECUTION AND
RECORDATION OF SAID NOTICE ON BEHALF OF THE CITY
(HINKLEY’S MASONRY)
WHEREAS, on December 10, 2024, the City Council of the City of Rocklin adopted Resolution No. 2024-268, awarding the contract for the Masonry Wall Repair project to Hinkley’s Masonry in the amount of $49,300.00 plus a fifteen percent (15 %) contingency of $7,395.00 (under former Rocklin Municipal Code 03.04.050) for a total authorized amount of $56,695.00; and
WHEREAS, this project consisted of removing and replacing damaged Proto II masonry walls at five locations within the City; and
WHEREAS, a billing error in materials from a supplier resulted in a credit of $492.92 to the City, reducing the final project cost to $48,807.08; and
WHEREAS, the project was completed on May 9, 2025 , and was funded using Community Facilities District 5 (CFD5) Funds (232) and insurance reimbursements.
NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:
Section 1 The attached Notice of Completion for the public work known as the Masonry Wall Repair (Hinkley’s Masonry) is hereby approved , and the public work is accepted as complete.
Section 2. The Public Works Director is authorized and directed to execute said Notice on behalf of the City of Rocklin.
Section 3. The City Clerk is authorized and directed to record said Notice in the Office of the Placer County Recorder once fully executed and notarized , and within ten (10) days of Council approval.
405
PASSED AND ADOPTED this 12th day of August, 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
___________________________
Jill Gayaldo, Mayor
ATTEST:
__________________________
Avinta Singh, City Clerk
406
Recording Requested by and Return to:
No Fee Per Gov’t Code §27383
City Clerk
City of Rocklin
3970 Rocklin Road
Rocklin, CA 95677
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the public work known as Masonry Wall Repair is complete. The location of said project is at five (5) locations in the City. The first location is at West Oaks Boulevard behind 5723 Jersey Drive (See Exhibit 1). The second location is the West side of the roundabout at the intersection of Whitney Ranch Parkway and West Oaks Boulevard, and the third location is on the east side of the roundabout at the intersection of Whitney Ranch Parkway and West Oaks Boulevard (See Exhibit 2). The fourth location is on Whitney Boulevard behind 3036 Cerro Circle (See Exhibit 3 ). The fifth location is on Park Drive behind 2806 Black Oak Drive (See Exhibit 4). All five locations are located in Rocklin, CA. The owner of said project is the City of Rocklin. The date of completion was May 9, 2025. The contractor on the project was Hinkley’s Masonry, and the surety on said project was Nationwide Mutual Insurance Company.
I, Justin Nartker, being first duly sworn, depose and say: I am the Public Works Director of the City of Rocklin, a general law city in the State of California, owner of the property described in the above Notice.
I am duly authorized to make this verification for and on behalf of the City of Rocklin. I have read the Notice of Completion, and know its contents and the facts stated therein are true.
ATTEST:
________________________
Avinta Singh, City Clerk
City of Rocklin
______________________________________________
Justin Nartker, Public Works Director - City of Rocklin – 3970 Rocklin Road- Owner of the Public Work Improvement
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: Signature: __________________________________ Justin Nartker, Public Works Director
Rocklin, California
407
408
409
410
411
EXHIBIT 1
A
pproximately 30 Linear Feet
Project Locations Maps
412
EXHIBIT 2
Approximately 40 Linear Feet
413
EXHIBIT 3
Approximately 36 Linear Feet
414
EXHIBIT 4
Approximately 8 Linear Feet
415
EXHIBIT 5
Approximately 16 Linear Feet
416
City Council
Staff Report
Subject:
Vehicle and Equipment Purchases
Date:
August 12, 2025
Submitted By:
Matt McClure, Public Works Manager
Justin Nartker, Public Works Director
Department:
Public Works
Recommendation:
A
.
Adopt a Resolution of the City Council of the City of Rocklin Approving and Authorizing the Purchase of Ten (10) 2025 Chevrolet Tahoe Vehicles From Winner Chevrolet and Authorizing the City Manager to Purchase the Vehicles.
B
.
Adopt a Resolution of the City Council of the City of Rocklin Approving and Authorizing the Purchase of One (1) Vactor Trailer from RDO Equipment Company and Authorizing the City Manager to Purchase the Vactor Trailer.
Background:
Each year, the City evaluates its vehicle and equipment fleet to identify units that are either nearing the end of their service life or in need of replacement, as well as opportunities for new acquisitions that enhance operational efficiency. While many of these vehicle and equipment needs were identified and budgeted in prior fiscal years, procurement was delayed due to supply chain and availability issues or operational changes. The following acquisitions are now recommended for City Council approval:
Vehicle Replacements – 10 Chevrolet Tahoe Vehicles
Recently, ten (10) 2025 Chevrolet Tahoe vehicles became available and are recommended for purchase to replace the following units:
Seven (7) Patrol Vehicles: Includes two (2) new acquisitions, and the replacement of five (5) existing units: 5239, 5240, 5241, 5243, and 5245.
One (1) Patrol Vehicle: Replaces Unit 5246, which was totaled in an accident. The City received an insurance reimbursement of $45,456.43 in a prior fiscal year. Additional funds of $12,655.52 are needed.
One (1) Unmarked Vehicle: Originally, CSO truck unit 5211 was scheduled for replacement in prior fiscal year for an amount of $45,000. The Police Chief reassigned unit 5267 to the CSO unit. This new unmarked vehicle will now replace unit 5267.
Additional funds of $15,606.59 are needed.
One (1) Unmarked Vehicle: Replacement of existing unit 5264.
Item Number C15.
417
Under California Contract No. 1-22-23-23D, Winner Chevrolet, Inc. (Elk Grove) provided a quote of $584,060.32 (Attachment 2). In accordance with Rocklin Municipal Code (RMC) Section 3.04.090(C) and (D), the City may utilize cooperative/piggyback purchasing to avoid duplicative bidding procedures. Staff recommends the City Council authorize the purchase of the ten vehicles from Winner Chevrolet in an amount not to exceed $584,060.32, in accordance with the terms of the referenced state contract (Attachment 5).
Equipment Replacement – 1 Vactor Trailer
As part of this fiscal year's Operating Budget, the replacement of Unit 9852 with a new Vactor Trailer was approved to support ongoing maintenance operations.
Through Sourcewell’s cooperative purchasing program, which complies with public competitive solicitation standards, the City received a quote of $104,898.16 from RDO Equipment Company, the authorized distributor for Vermeer Corporation (Attachment 4).
Pursuant to RMC Section 3.04.090(C) and (D), the City may procure this trailer under Sourcewell Contract No. 110421-VRM (Attachment 6) without separate competitive bidding.
Fiscal Impact:
Funding for the replacement vehicles was previously appropriated in the City’s Operating Budgets for Fiscal Years 2023/24 and 2024/25, and will be carried forward into Fiscal Year 2025/26 under the Vehicle Fleet Fund (500) and General Fund (100), as adopted by the City Council to support the recommended purchases. A funding gap identified for two of the vehicles, totally $28,262.11, will be addressed through anticipated net savings from the overall vehicle acquisitions.
There is no additional fiscal impact for the purchase of the Vactor Trailer to City funds. The recommended purchase is included in the Fiscal Year 2025/26 Operating Budget under the Vehicle Fleet Fund (Fund 500) and the General Fund (Fund 100).
ATTACHMENTS:
1. Resolution A
2. Resolution A Exhibit A - Vehicle Quotes
3. Resolution B
4. Resolution B Exhibit A - Vactor Trailer Quote
5. State of California Contract 1-22-23-23D
6. Sourcewell Vermeer Contract 110421
418
August 12, 2025 Page 1 of 2 Resolution No. 2025-
RESOLUTION NO. 2025-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
APPROVING AND AUTHORIZING THE PURCHASE OF TEN (10)
CHEVROLET 2025 CHEVROLET TAHOE VEHICLES FROM
WINNER CHEVROLET AND AUTHORIZING THE CITY MANAGER
TO PURCHASE THE VEHICLES
WHEREAS, recently ten (10) Chevrolet 2025 Tahoe Vehicles have become available for purchase to replace eight (8) police patrol vehicles and two (2) police administration vehicles, originally approved and budgeted in Fiscal Year (FY) 2023/24 and FY 2024/25 but whose replacement was deferred due to equipment availability; and
WHEREAS, staff found a contract through the State of California that meets the specifications for the ve hicle replacemen t and determined that it is in the City’s best interest to purchase the equipment/vehicles from Winner Chevrolet using the California State Contract #1 -22-23-23D that provide s member government agencies access to competitively bid and publicly solicited contracts from vendors who supply goods and services; and
WHEREAS, pursuant to Rocklin Municipal Code Section 3.04.090(C) and (D), the City is authorized to enter into cooperative purchasing and/or piggyback purchasing without undergoing a separate competitive bidding process; and
WHEREAS, sufficient funds for the vehicle purchases have been previously appropriated in the City’s Vehicle Fleet Fund (Fund 500) and General Fund (Fund 100) in Fiscal Years 2023/24 and 2024/25, and will be carried forward into FY 2025/26.
NOW THEREFORE, the City Council of the City of Rocklin does resolve as follows:
Section 1. The City Council hereby authorizes the purchase of ten (10) 2025 Chevrolet Tahoe vehicles from Winner Chevrolet, Inc. in an amount not to exceed $584,060.32, pursuant to California State Contract No. 1-22-23-23D.
Section 2. The City Manager is hereby authorized and directed to execute all necessary documents to complete the purchase on behalf of the City.
419
August 12, 2025 Page 2 of 2 Resolution No. 2025-
PASSED AND ADOPTED this 12th day of August 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
____________________________________
Jill Gayaldo, Mayor
ATTEST:
__________________________
Avinta Singh, City Clerk
420
Winner Chevrolet DATE June 25, 2025
7220 Fawn Way To: Quotation # 3049
Sacramento, CA 95823 Matt McClure
(916)509-8598 - Desk City of Rocklin
(916792-3672 - Cell
Prepared by: Andrew Villareal
(916) 871-6909
Comments or special instructions: Vehicle build and options are in additional pages.
AMOUNT
55,000.00$
2,404.00$
(3,500.00)$
53,904.00$
DOC Fee 85.00$
Taxable Subtotal: 53,989.00$
7.250% 3,914.20$
Tire Fee: $8.75
200.00$
Per Vehicle 58,111.95$
QTY 8 Grand Total 464,895.62$
If you have any questions concerning this quotation, contact Andrew Villareal at (916)509- 8598 or email at [email protected]
Line #3 Chevy Tahoe
Options (Refer to Window Sticker): Patrol
Delivery Charge:
**** specs with the PO or the vehicle will not be ordered. **** Subtotal
**** Please review, sign, and return a copy of the quote and **** ___________________________________________________
State Contract # 1-22-23-23D
****Shipping charge added for deliveries beyond Sacramento. No charge for will call.**** CA Tire Fee: $1.75 / Per Tire
Tax Rate(Subject to change):
Description
PPC 4X2 Credit
(Order Acknowledgment Signature) (Date)
THANK YOU FOR YOUR BUSINESS!
EXHIBIT A
421
Winner Chevrolet DATE June 25, 2025
7220 Fawn Way To: Quotation # 3050
Sacramento, CA 95823 Matt McClure
(916)509-8598 - Desk City of Rocklin
(916792-3672 - Cell
Prepared by: Andrew Villareal
(916) 871-6909
Comments or special instructions: Vehicle build and options are in additional pages.
AMOUNT
55,000.00$
1,270.00$
(3,500.00)$
1,250.00$
300.00$
54,320.00$
DOC Fee 85.00$
Taxable Subtotal: 54,405.00$
7.250% 3,944.36$
Tire Fee: $8.75
200.00$
Per Vehicle 58,558.11$
QTY Grand Total -$
If you have any questions concerning this quotation, contact Andrew Villareal at (916)509- 8598 or email at [email protected]
Line #3 Chevy Tahoe
Options (Refer to Window Sticker):
Delivery Charge:
**** specs with the PO or the vehicle will not be ordered. **** Subtotal
**** Please review, sign, and return a copy of the quote and **** All Weather Mats (1st and 2nd Row)
20" Aluminum Wheels
___________________________________________________
State Contract # 1-22-23-23D
****Shipping charge added for deliveries beyond Sacramento. No charge for will call.**** CA Tire Fee: $1.75 / Per Tire
Tax Rate(Subject to change):
Description
PPV 4X2 Credit (Silver Admin Vehicle)
(Order Acknowledgment Signature) (Date)
THANK YOU FOR YOUR BUSINESS!
422
Winner Chevrolet DATE March 3, 2025
7220 Fawn Way To: Quotation # 3050B
Sacramento, CA 95823 Matt McClure
(916)509-8598 - Desk City of Rocklin
(916792-3672 - Cell
Prepared by: Andrew Villareal
(916) 871-6909
Comments or special instructions: Vehicle build and options are in additional pages.
AMOUNT
55,000.00$
2,180.00$
(2,500.00)$
1,250.00$
300.00$
56,230.00$
DOC Fee 85.00$
Taxable Subtotal: 56,315.00$
7.250% 4,082.84$
Tire Fee: $8.75
200.00$
Per Vehicle 60,606.59$
QTY Grand Total -$
State Contract # 1-22-23-23D
****Shipping charge added for deliveries beyond Sacramento. No charge for will call.**** CA Tire Fee: $1.75 / Per Tire
Tax Rate(Subject to change):
Description
PPV 4X4 Credit (White Admin Vehicle)
(Order Acknowledgment Signature) (Date)
If you have any questions concerning this quotation, contact Andrew Villareal at (916)509- 8598 or email at [email protected]
Line #3 Chevy Tahoe
Options (Refer to Window Sticker):
Delivery Charge:
**** specs with the PO or the vehicle will not be ordered. **** Subtotal
**** Please review, sign, and return a copy of the quote and **** All Weather Mats (1st and 2nd Row)
20" Aluminum Wheels
___________________________________________________
THANK YOU FOR YOUR BUSINESS!
423
August 12, 2025 Page 1 of 2 Resolution No. 2025-
RESOLUTION NO. 2025-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
APPROVING AND AUTHORIZING THE PURCHASE OF ONE (1)
VACTOR TRAILER FROM RDO EQUIPMENT COMPANY AND
AUTHORIZING THE CITY MANAGER TO PURCHASE
THE VACTOR TRAILER
WHEREAS, each year, City staff evaluates th e condition and performance of the City’s vehicle fleet to identify units that have reached or are nearing the end of their service life and are in need of replacement; and
WHEREAS, as part of this evaluation, staff identified unit number 9852 for replacement; and
WHEREAS, the purchase of a Vactor Trailer to replace unit number 9852 was included in the Fiscal Year (FY) 2025/26 Operating Budget, which was approved by the City Council on June 24, 2025, by Resolution No. 2025-137; and
WHEREAS, Rocklin Municipal Code Section 3.04.090(C) and (D) authorizes the City to participate in cooperative and piggyback purchasing agreements with other public agencies, allowing the City to procure equipment without a separate competitive bidding process when it is in the City’s best interest; and
WHEREAS, Sourcewell, has established competitively bid and publicly solicited contracts that provide public agencies access to pre -negotiated pricing and terms for equipment and services; and
WHEREAS, RDO Equipment Company , the authorized distributor for Vermeer Manufacturing Company, dba Vermeer Corporation, has provided a quote for the Vactor Trailer in the amount of $104,898.16 under Sourcewell Contract No. 110421 -VRM (Attachment 3), which meets the City’s specifications and procurement needs.
NOW THEREFORE, the City Council of the City of Rocklin does resolve as follows:
Section 1. The City Council hereby authorizes the purchase of one (1) Vactor Trailer from RDO Equipment Company in an amount not to exceed $104,898.16 pursuant to Sourcewell Contract No. 110421-VRM.
Section 2. The City Manager is hereby authorized and directed to execute all documents necessary to complete the purchase on behalf of the City of Rocklin. 424
August 12, 2025 Page 2 of 2 Resolution No. 2025-
PASSED AND ADOPTED this 12th day of August, 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Jill Gayaldo, Mayor
ATTEST:
Avinta Singh, City Clerk
425
Investment Proposal (Quote)
RDO Equipment Co.
3980 Research Drive
Sacramento CA, 95838
Phone: (916) 643-0999 - Fax: (916) 643-0998
Proposal for:
CITY OF ROCKLIN
3970 ROCKLIN RD
ROCKLIN, CA, 956772720
PLACER
Investment Proposal Date:
Pricing Valid Until:
Deal Number:
Customer Account#:
Account Manager:
Phone:
Fax:
Email:
7/8/2025
7/22/2025
1916416
5000032
Rick Draper
(916) 265-2246
[email protected]
Equipment Information
Quantity Serial Number
Stock Number
Hours
(approx.)
Status / Year / Make / Model
Additional Items
Cash Price
1 1G91A1724RC615523
Z001638
0 New 2024 VERMEER VX50-500 $94,659.63
Freight in Freight In $3,700.00
Prep / Reconditioning PDI $763.00
Other Sourcewell Member ID 100901 contract 110421-VRM $0.00 Customer Discount Existing Customer Discount ($1,350.00) Equipment Subtotal: $97,772.63
Purchase Order Totals
Balance: $97,772.63
CA STATE TAX: $5,866.36
CA COUNTY TAX: $244.43
CA SPECIAL TAX: $977.73
Sales Tax Total: $7,088.52
PrePaid Tax License: $30.00
CA Tire Fee: $7.00
Sub Total: $104,898.15
Cash with Order: $0.00
Balance Due: $104,898.15
Equipment Options
Qty Serial Number Year / Make / Model Description
1 1G91A1724RC615523 2024 VERMEER VX50-500 VX504150 QUICK FILL 50GAL TANKS VX504175 6" DRAIN VALVE CAP ASSY
VX502020 STRONG ARM
VX503525 NON-BOOM HYD JACK
D1916416 Page 1 of
1 426
Department of General Services
Procurement Division
707 Third Street, 2nd Floor
West Sacramento, CA 95605-2811
State of California
STATEWIDE CONTRACT
USER INSTRUCTIONS
All changes to mos t recent S upplem ent are in bold red it alic. Additi ons ar e enclos ed in as terisk s, * , and deleti ons are enclos ed in br ack ets , [ ].
MANDATORY
*Supplement 22*
*(Incorporates Supplements 1 – 22)*
ISSUE AND EFFECTIVE DATE: *04/19/2024*
CONTRACT NUMBER: 1-22-23-23 *B through I*
DESCRIPTION: Fleet Vehicles – Vans & SUVs
CONTRACTOR(S): [Lithia Nissan of Fresno (1-22-23-23A)] Ocean Honda (1-22-23-23B)
Freeway Toyota (1-22-23-23C)
Winner Chevrolet (1-22-23-23D)
Elk Grove Auto (1-22-23-23E)
Downtown Ford (1-22-23-23F)
Watsonville Fleet Group (1-22-23-23G)
US Fleet Source (1-22-23-23H)
CA Car Group (1-22-23-23I)
CONTRACT TERM: 05/01/2022 through 04/30/2025
STATE CONTRACT ADMINISTRATOR: Frank Martin
279-946-8035
[email protected]
The contract user instructions, products, and pricing are included herein. All purchase documents issued under this contract incorporate the contract terms and applicable California General Provisions:
Non-IT General Provisions (rev 11/19/2021) (https://www.dgs.ca.gov/- /media/199A6A32E4DE4BECAFF4EFA7194350CD.ashx)
Cal eProcure link: www.caleprocure.ca.gov
427
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*
Contract 1-22-23-23 *B-I* Page 2 *04/19/2024*
User Instructions
All changes to most recent Supplement are in bold red italic. Additions are enclosed in asterisks; deletions are enclosed in brackets.
SUMMARY OF CHANGES
Supplement
Number Description/Articles Supplement
Date
*22*
*Termination of Contract 1-22-23-23A.
Cover Page and Articles 1, 8, 12, 22, 25,
26, and 33: updated language.
Attachment A – Contract Pricing –
Supplement 21: replaced with
Attachment A – Contract Pricing –
Supplement 22. *
*04/19/2024*
21 Attachment A – Contract Pricing –
Supplement 20 has been replaced with
Attachment A – Contract Pricing –
Supplement 21.
04/05/2024
20 Attachment A – Contract Pricing –
Supplement 19 has been replaced with
Attachment A – Contract Pricing –
Supplement 20.
02/29/2024
19 Attachment A – Contract Pricing –
Supplement 18 has been replaced with
Attachment A – Contract Pricing –
Supplement 19.
01/12/2024
18 *Attachment A – Contract Pricing –
Supplement 17 has been replaced with
Attachment A – Contract Pricing –
Supplement 18 due to price correction for
previous supplement.
01/04/2024
17 Attachment A – Contract Pricing –
Supplement 15 has been replaced with
Attachment A – Contract Pricing –
Supplement 17.
12/22/2023
16 Lithia Nissan contact information updated.
Downtown Ford contact information
updated.
12/12/2023
428
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*
Contract 1-22-23-23 *B-I* Page 3 *04/19/2024*
User Instructions
15 Attachment A – Contract Pricing –
Supplement 14 has been replaced with
Attachment A – Contract Pricing –
Supplement 15
11/17/2023
14 Attachment A – Contract Pricing –
Supplement 13 has been replaced with
Attachment A – Contract Pricing –
Supplement 14
11/15/2023
13 Attachment A – Contract Pricing –
Supplement 12 has been replaced with
Attachment A – Contract Pricing –
Supplement 13
10/31/2023
12 Attachment A – Contract Pricing –
Supplement 11 has been replaced with
Attachment A – Contract Pricing –
Supplement 12
09/21/2023
11 Attachment A – Contract Pricing –
Supplement 10 has been replaced with
Attachment A – Contract Pricing –
Supplement 11
8/31/2023
10 Attachment A – Contract Pricing –
Supplement 8 has been replaced with
Attachment A – Contract Pricing –
Supplement 10.
8/24/2023
9 Update State Contract Administrator
information. 08/04/2023
8 Attachment A – Contract Pricing –
Supplement 7 has been replaced with
Attachment A – Contract Pricing –
Supplement 8
07/28/2023
7 Attachment A – Contract Pricing –
Supplement 6 has been replaced with
Attachment A – Contract Pricing –
Supplement 7
Downtown Ford’s email address has been
updated
06/16/2023
6 Attachment A – Contract Pricing –
Supplement 5 has been replaced with
Attachment A – Contract Pricing –
Supplement 6
01/23/2023
429
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*
Contract 1-22-23-23 *B-I* Page 4 *04/19/2024*
User Instructions
5 Attachment A – Contract Pricing –
Supplement 4 has been replaced with
Attachment A – Contract Pricing –
Supplement 5
12/06/2022
4 Attachment A – Contract Pricing –
Supplement 3 has been replaced with
Attachment A – Contract Pricing –
Supplement 4
11/04/2022
3 Attachment A – Contract Pricing –
Supplement 2 has been replaced with
Attachment A – Contract Pricing –
Supplement 3
Contact Information for Downtown Ford
has been updated
09/19/2022
2 Attachment A – Contract Pricing –
Supplement 1 has been replaced with
Attachment A – Contract Pricing –
Supplement 2
08/16/2022
1 Attachment A – Contract Pricing has been
replaced with Attachment A – Contract
Pricing – Supplement 1
Attachment D – Vehicle Specifications has
been added
Article 25 – Payments, language has been
modified
05/26/2022
N/A Original Contract Posted 05/01/2022
All other terms and conditions remain the same.
430
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*
Contract 1-22-23-23 *B-I* Page 5 *04/19/2024*
User Instructions
431
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*
Contract 1-22-23-23 *B-I* Page 6 *04/19/2024*
User Instructions
432
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*
Contract 1-22-23-23 *B-I* Page 7 *04/19/2024*
User Instructions
SCOPE
The State’s contracts provide Fleet Vehicles - Vans & SUVs at contracted pricing to the State of California and local governmental agencies in accordance with the requirements of Contract # 1-22-23-23 *B – I*. The contractors shall supply the entire portfolio of products as identified in the contract and will be the primary point of contact for data collection, reporting, and distribution of Fleet Vehicles - Vans & SUVs to the State.
The contract term is for three (3) years with an option to extend the contract for two (2) additional one (1) year periods or portion thereof. The terms, conditions, and prices for the contract extension option shall be by mutual agreement between the contractor and the State. If a mutual agreement cannot be met the contract may be terminated at the end of the current contract term.
CONTRACT USAGE/RULES
A. State Departments
• The use of this contract is mandatory for State of California departments. State Departments may purchase any vehicle that is awarded to each line item. This contract does not include ranking.
• State departments must adhere to all applicable State laws, regulations, policies, best practices, and purchasing authority requirements, e.g. California Codes, Code of Regulations, State Administrative Manual, Management Memos, and State Contracting Manual Volume 2 and SCM-F as applicable. • Prior to placing orders against this contract, State departments must have been granted non-IT purchasing authority by the Department of General Services, Procurement Division (DGS-PD) for the use of this statewide contract. State departments that have not been granted purchasing authority by DGS-PD for the use of the State’s statewide contracts may contact DGS-PD’s Purchasing Authority Management Section by e-mail at [email protected]
.
• Departments must have a Department of General Services (DGS) agency billing code prior to placing orders against this contract. Ordering departments may contact their Purchasing Authority contact or their department’s fiscal office to obtain this information.
B. Local Governmental Agencies
• Local governmental agency use of this contract is optional. • Local government agencies are defined as “any city, county, city and county, district or other governmental body or corporation”, per Public Contract Code Chapter 2, Section 10298 (b), empowered to expend public funds for the acquisition of products; this includes the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges. While the State makes this contract available to local governmental agencies, each local 433
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*
Contract 1-22-23-23 *B-I* Page 8 *04/19/2024*
User Instructions
governmental agency should determine whether this contract is consistent with its procurement policies and regulations.
• Local governmental agencies shall have the same rights and privileges as the State under the terms of this contract. Any agencies desiring to participate shall be required to adhere to the same responsibilities as do State agencies and have no authority to amend, modify or change any condition of the contract. • A DGS issued billing code is not required for local governmental agencies to place orders against this contract.
C. Unless otherwise specified within this document, the term “ordering agencies” will refer to all State departments and/or local governmental agencies eligible to utilize this contract. Ordering and/or usage instructions exclusive to State departments or local governmental agencies shall be identified within each article.
DGS ADMINISTRATIVE FEES
A. State Departments
The DGS will bill each State department an administrative fee for use of this statewide contract. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS.
Current fees are available online in the Price Book & Directory of Services
(https://www.dgs.ca.gov/OFS/Price-Book) (go to Price Book Download and click on Purchasing under Procurement Division).
B. Local Governmental Agencies
For all local government agency transactions issued against the contract, the Contractor is required to remit the DGS-PD an Incentive Fee of an amount equal to
1.25% of the total purchase order amount excluding taxes and freight. This Incentive Fee shall not be included in the agency’s purchase price, nor invoiced or charged to the purchasing entity. All prices quoted to local governmental agency customers shall reflect State contract pricing, including any and all applicable discounts, and shall include no other add-on fees.
SB/DVBE OFF-RAMP PROVISION
There is no SB/DVBE off ramp associated with this contract.
PROBLEM RESOLUTION/SUPPLIER PERFORMANCE
Ordering agencies and/or Contractor shall inform the State Contract Administrator of any technical or contractual difficulties encountered during contract performance in a timely manner. This includes and is not limited to informal disputes, supplier performance, outstanding deliveries, etc. The ordering agency should include all relevant information and/or documentation (e.g., purchase documents).
434
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*
Contract 1-22-23-23 *B-I* Page 9 *04/19/2024*
User Instructions
CONTRACT ITEMS
Contract vehicles and pricing are listed on Attachment A, Contract Pricing. All prices listed shall be fixed as the maximum cost for the contract period unless a price increase is granted.
Each line item description on Attachment A, Contract Pricing, provides a description of the minimum requirements that each vehicle in that line item has met or exceeded.
A Maintenance Plan is offered on all light duty vehicles less than 8500 lbs Gross Vehicle Weight Rating (GVWR). Maintenance Plan pricing is listed on Attachment A, Contract Pricing. The purchase of the Maintenance Plan is optional. See Article 29, Maintenance Plan for more detailed information.
Price Increases
Price increases may be requested with each model year change and will be posted on a quarterly basis.
Quarterly Increases shall be processed on the following calendar days:
• July 1st
• October 1st
• January 1st
• April 1st
Contractors are requested to price protect the contracted price for the duration between the price increase request and the time the increase is processed. If the Contractor is unable to honor the price protection, the Contractor’s vehicle(s) will be unavailable for ordering until the price increases have been evaluated and approved.
Multiple Award
Some line items may have multiple vehicles awarded with different make and models available. State Departments may choose any vehicle identified in the subject line item.
There is no vehicle ranking associated with this contract.
Sales Tax
The sales tax rate applied should be based on the rate of the “Bill To” address listed on the Purchase Order.
Options
All factory options shall be available and priced at Contractor cost plus up to 10% for an addition or Contractor cost minus up to 10% for a deletion in accordance with the manufacturer’s current model year price list. Types of equipment changes which might be made include, but are not limited, to the following:
435
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*
Contract 1-22-23-23 *B-I* Page 10 *04/19/2024*
User Instructions
• Add trailer tow package
• Add Bluetooth
• Add parking sensors
• Delete pick up box (bed)
In no case shall options be included or deleted in such a manner as to cause the vehicle to conflict with any other line item on any other vehicle contract.
The Contractor shall provide ordering agencies a copy of the current model year factory price sheet with requested options, within ten calendar days of request.
Third-party upfitting (e.g utility body) may be requested by ordering agencies, however, this service is non -mandatory. When applicable, third- party upfits shall be subject to the same pricing provisions as factory options.
Note: Vehicles with added or deleted options MUST continue to meet the appr opriate minimum specification.
Tire Fee
Purchase orders MUST include the State mandated $1.75 per tire fee.
Document Processing Charge
In accordance with the California Vehicle Code Section 4456.5, a Contractor may charge the ordering agency a document processing charge for the preparation and processing of documents, disclosures, titling, registration, and information security obligations imposed by state and federal law. The document processing charge shall not exceed $85 per vehicle purchased.
A Contractor may charge the ordering agency an electronic filing fee, which does not exceed the actual amount the Contractor is charged by a first-line service provider. The electronic filing fee shall not exceed $30 per vehicle purchased.
SPECIFICATIONS
All products must conform to the attached State of California Bid Specification Number 2310- 4181 dated 08/16/2021 (Attachment B).
Vehicle color shall be a solar reflective color (white, silver metallic, or gold metallic) per SAM Section 3620.1 (exceptions are listed in the same manual section).
CUSTOMER SERVICE
The Contractor shall provide office and personnel resources for responding to inquiries, including telephone and email coverage weekdays during the hours of 8:00 a.m. - 5:00 p.m., PT.
436
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*
Contract 1-22-23-23 *B-I* Page 11 *04/19/2024*
User Instructions
The customer service unit shall be staffed with individuals that:
• Are trained in the requirements of this contract
• Have the authority to take administrative action to correct problems that may occur The Contractor’s customer service unit shall respond to all customer inquiries within two (2) business days of initial contact.
Dealer Contract # Contact Phone Email
[Lithia
Nissan of
Fresno
1-22-23-
23A Al Pacheco
(559)
440-
7946
[email protected]]
Ocean
Honda
1-22-23-
23B Pat Ireland
(559)
707-
5735
[email protected]
Freeway
Toyota of
Hanford
1-22-23-
23C Pat Ireland
(559)
707-
5735
[email protected]
Winner
Chevrolet
1-22-23-
23D
Jerry
Powers
(916)
426-
5752
[email protected]
Elk Grove
Auto
1-22-23-
23E
Jerry
Powers
(916)
426-
5752
[email protected]
Downtown
Ford Sales
1-22-23-
23F
Sandra
Scott
(916)
442-
9631
[email protected]
Watsonville
Fleet Group
1-22-23-
23G
Yesenia
Covarrubias
(626)
457-
5590
[email protected]
US Fleet
Source
1-22-23-
23H Lisa Molino
(626)
344-
4285
[email protected]
CA Car
Group 1-22-23-23I Richard M.
Slade
(925)
560-
4465
[email protected]
Note: Ordering agencies are encouraged to have one point of contact for inquiries, quotes, and orders whenever possible. Multiple calls and emails from various requestors for the same information can slow customer service response times.
437
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*
Contract 1-22-23-23 *B-I* Page 12 *04/19/2024*
User Instructions
PRODUCT SUBSTITUTIONS
Under no circumstance is the Contractor permitted to make substitutions with non- contract/unauthorized vehicles without approval of the DGS Contract Administrator (CA).
PURCHASE EXECUTION
A. State Departments
1) Std. 65 Purchase Documents
State departments not transacting in FI$CAL must use the Purchasing Authority Purchase Order (Std. 65) for purchase execution. An electronic version of the Std. 65 is available at the Office of State Publishing web site:
https://www.dgsapps.dgs.ca.gov/osp/StatewideFormsWeb/Forms.aspx (select
Standard Forms).
All Purchasing Authority Purchase Orders (Std. 65) must contain the following:
• Agency Order Number (Purchase Order Number)
• Ordering Agency Name
• Agency Billing Code
• Purchasing Authority Number
• Leveraged Procurement Number (Contract Number)
• Supplier Information (Contact Name, Address, Phone Number, Fax Number, E-mail)
• Line Item number
• Quantity
• Unit of Measure
• Commodity Code Number
• Product Description
• Unit Price
• Extension Price
• Office of Fleet and Asset Management (OFAM) Approval Stamp (State departments only)
2) FI$CAL Purchase Documents
State departments transacting in FI$CAL will follow the FI$CAL procurement and contracting procedures.
3) Blanket Orders
The use of blanket orders against this statewide contract is not allowed.
438
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*
Contract 1-22-23-23 *B-I* Page 13 *04/19/2024*
User Instructions
B. Local Governmental Agencies
Local governmental agencies may use their own purchase document for purchase execution. The purchase documents must include the same data elements as listed above (Exception: Purchasing Authority Number is used by State departments only).
MINIMUM ORDER
The minimum order shall be one (1) vehicle.
ORDERING PROCEDURE
A. Ordering Methods:
Ordering agencies are to submit appropriate purchase documents directly to the contractor(s) via one of the following ordering methods:
• U.S. Mail
• Facsimile
• Email
The contractor’s Order Placement Information is as follows:
ORDER PLACEMENT INFORMATION
[Contract #
1-22-23-
23A
U.S. Mail:
Lithia Nissan of
Fresno
5590 N Blackstone
Ave
Fresno, CA 93710
Attn: Al Pacheco
Facsimile:
N/A
Email:
[email protected]]
Contract #
1-22-23-
23B
U.S. Mail:
Ocean Honda
3801 Soquel Dr
Soquel, CA 95073
Attn: Pat Ireland
Facsimile:
(559) 961-
4601
Email:
[email protected]
Contract #
1-22-23-
23C
U.S. Mail:
Freeway Toyota
1835 Glendale Avenue
Hanford, CA 93230
Attn: Pat Ireland
Facsimile:
(559) 961-
4601
Email:
[email protected]
Contract #
1-22-23-
23D
U.S. Mail:
Winner Chevrolet
8575 Laguna Grove
Drive
Facsimile:
(916) 421-
0149
Email:
[email protected]
439
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*
Contract 1-22-23-23 *B-I* Page 14 *04/19/2024*
User Instructions
Elk Grove, CA 95757
Attn: Jerry Powers
Contract #
1-22-23-
23E
U.S. Mail:
Elk Grove Auto Group
8575 Laguna Grove
Drive
Elk Grove, CA 95757
Attn: Jerry Powers
Facsimile:
(916) 421-
0149
Email:
[email protected]
Contract #
1-22-23-
23F
U.S. Mail:
Downtown Ford Sales
525 N 16th St
Sacramento, CA
95811
Attn: Sandra Scott
Facsimile:
(916) 491-
3138
Email:
[email protected]
Contract #
1-22-23-
23G
U.S. Mail:
Watsonville Fleet
Group
1601 W. Main Street
Alhambra, CA 91801
Attn: Yesenia
Covarrubias
Facsimile:
(626) 457-
5593
Email:
[email protected]
Contract #
1-22-23-
23H
U.S. Mail:
US Fleet Source
979 S. Village Oaks
Drive
Covina, Ca 91724
Facsimile:
(626) 228-
3077
Email: [email protected]
Contract #
1-22-23-23I
U.S. Mail:
CA Car Group
4200 John Monego Ct
Dublin, CA 94568
Attn: Richard M. Slade
Facsimile:
N/A
Email:
When using any of the ordering methods specified above, all State departments must conform to proper State procedures.
ORDER ACCEPTANCE
The Contractor shall accept orders from any State department or local governmental agency. The Contractor shall not accept purchase documents for this contract that:
• Are incomplete;
• Are submitted without OFAM approval stamp
• Contain non-contract items; or
• Contain non-contract terms and conditions.
440
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*
Contract 1-22-23-23 *B-I* Page 15 *04/19/2024*
User Instructions
The Contractor must not refuse to accept orders from any State department or local governmental agency for any other reason without written authorization from the CA.
ORDER ACKNOWLEDMENT
The Contractor will provide the ordering agencies with an order receipt acknowledgment via e-mail/facsimile within ten (10) calendar days after receipt of an order. The acknowledgement will include:
• Ordering Agency Name
• Agency Order Number (Purchase Order Number)
• Description of Goods
• Vehicle Model Year
• Total Cost
• Date order is placed with manufacturer
• Anticipated Delivery Date
• Delayed Production Notification (if applicable)
• Discontinued Vehicle Notification (if applicable)
Contractor shall notify the ordering agency of any delays in production or delays in orders being accepted by the manufacturer for any period of time. Contractor shall provide estimated production start date and delivery date.
DELAYED PRODUCTION REMEDY
Upon receipt of order acknowledgment identifying a delay in production or orders not being accepted by the manufacturer, the ordering agencies shall have the following options:
• Request back order; or
• Cancel the item from the order with no penalty
DISCONTINUED VEHICLE REMEDY
Upon receipt of order acknowledgment identifying discontinued items, the ordering agencies shall have the following options:
• Amend purchase document to reflect DGS approved replacement vehicle; or • Cancel the item from the order
Under no circumstance is the Contractor permitted to make substitutions with non- contract/unauthorized vehicles without approval of the DGS CA.
DELIVERY PROCEDURES
Pre-Delivery Checklist
Prior to delivery, each vehicle shall be completely inspected, serviced, and detailed by the delivering Contractor and/or the manufacturer’s pre-delivery service center. A copy of the 441
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*
Contract 1-22-23-23 *B-I* Page 16 *04/19/2024*
User Instructions
pre-delivery checklist shall be completed for each vehicle, signed by a representative of the organization performing the inspection/service, and delivered with the vehicle.
Delivery:
Delivery shall be within one hundred and fifty (150) days after receipt of order unless there is a delay in production/order acceptance from the manufacturer when changing from one model year to the next. Contractor shall notify the ordering agency of such delay per Article 14, Order Acknowledgement.
Orders requiring customized work by a 3
rd party supplier may exceed the delivery period
requirement. Contractor shall notify ordering agency of extended delivery period per Article 14, Order Acknowledgement.
Caravan or drive-away method of delivery from the factory to a Contractor is not acceptable unless agreed upon by the ordering agency.
Drop ship deliveries shall not be made without prior State inspection. All vehicles shall be delivered with no less than five (5) gallons of fuel in the tank.
Unless pre-arranged between the Contractor and the ordering agency, vehicles delivered with more than 50 miles on the odometer may be charged fifty (50) cents per mile in excess of 50 miles. This charge may be reflected on the invoice as a deduction from the order price. Vehicles with more than five hundred (500) miles on the odometer may not be accepted.
**Cab and Chassis trucks may require driving from an out-of-state factory and may exceed the five hundred (500) mile or less expectation. The Contractor shall notify the ordering Department at the time of purchase order execution.
When feasible, Contractor is requested to make deliveries in metropolitan areas during off-peak hours. Off-peak hours are Monday through Friday, 10:00 AM to 4:00 PM PST.
Documents
The following documents shall be delivered to the receiving agency with the vehicle:
• Completed and signed pre- delivery service checklist, including the order number and Vehicle Identification Number (VIN)
• “Line Set Tickets” or “Window (Monroney) Sticker” showing all options installed • One (1) copy of the warranty, including applicable certificates, cards, etc. • One (1) copy of the owner’s manual.
INSPECTION AND ACCEPTANCE
Vehicles ordered for State use will be inspected by a State inspector at the Contractor’s place of business or as otherwise agreed to by the Contractor and ordering agency. 442
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*
Contract 1-22-23-23 *B-I* Page 17 *04/19/2024*
User Instructions
Inspection will commence within five (5) working days of notification that a vehicl e is ready for inspection. Inspection will include:
• Specification Compliance
• Workmanship
• Appearance
• Proper Operation of all Equipment and Systems
• Presence of all Applicable Documents
In the event deficiencies are detected, the vehicle will be rejected and the Contractor will be required to make the necessary repairs, adjustments or replacements. Payment and/or the commencement of a discount period (if applicable) will not begin until the defects are corrected and the vehicle is re-inspected and accepted.
Completion of inspection or acceptance by the State inspector shall in no way release the Contractor from satisfying the requirements of the contract, specifications, and warranty.
Deviations from the specified requirements that are detected by the inspection shall be corrected by the Contractor in an expeditious manner at no expense to the ordering agency.
Inspection by local agencies will be at the Contractor’s place of business or as otherwise agreed to by the Contractor and local agency.
EMERGENCY/EXPEDITED ORDERS
Not Applicable.
FREE ON BOARD (F.O.B.) DESTINATION
Contractors shall deliver vehicles to State or local agencies located in Sacramento County at no additional cost for delivery. If the Purchase Order indicates delivery outside Sacramento County, the Contractor and agency may negotiate delivery costs. If delivery is subject to an additional delivery charge, it shall be shown as a separate item on the purchase order and invoice.
State departments requesting delivery outside of Sacramento County must contact the Transportation Management Unit for freight rate comparisons to confirm appropriate pricing if the Contractor is delivering the vehicle.
Responsibility and liability for loss or damage for all orders shall remain with the Contractor until final inspection and acceptance, when all responsibility shall pass to the ordering agency, except the responsibility for latent defects, fraud, and the warranty obligations.
SHIPPED ORDERS
All shipments shall be in accordance with the General Provisions, Article 12 entitled “Packing and Shipment”.
443
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*
Contract 1-22-23-23 *B-I* Page 18 *04/19/2024*
User Instructions
CONTRACT ADMINISTRATION
The State and the Contractors have assigned Contract Administrators as the single points of contact for problem resolution and related contract issues.
State Contact
Information DGS/PD Contract Administrator
Contact Name: Frank Martin
Telephone: (279) 946-8035
Facsimile: NA
Email: [email protected]
Address: DGS/Procurement Division
Attn: Frank Martin
707 Third Street, 2nd Floor, MS 201
West Sacramento, CA 95605
Dealer
Contact
Information
[Lithia Nissan of Fresno
Contract # 1-22-23-23A]
Ocean Honda
Contract # 1-22-23-23B
Contact
Name:
[Al Pacheco] Pat Ireland
Telephone: [(559) 440-7946] (559) 707-5735
Facsimile: [N/A] (559) 961-4601
Email: [[email protected]] [email protected]
Address: [Lithia Nissan of Fresno
5590 N Blackstone Ave
Fresno, CA 93710]
Ocean Honda
3801 Soquel Dr
Soquel, CA 95073
Dealer
Contact
Information
Freeway Toyota of Hanford
Contract # 1-18-23-23C
Winner Chevrolet
Contract # 1-18-23-23D
Contact
Name:
Pat Ireland Jerry Powers
Telephone: (559) 707-5735 (916) 426-5752
Facsimile: (559) 961-4601 (916) 421-0149
Email: [email protected] [email protected]
Address: Freeway Toyota
1835 Glendale Avenue
Hanford, CA 93230
Winner Chevrolet
8575 Laguna Grove Drive
Elk Grove, CA 95757
444
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*
Contract 1-22-23-23 *B-I* Page 19 *04/19/2024*
User Instructions
Dealer
Contact
Information
Elk Grove Auto Group
Contract # 1-22-23-23E
Downtown Ford Sales
Contract # 1-22-23-23F
Contact
Name:
Jerry Powers Sandra Scott
Telephone: (916) 426-5752 (916) 442-9631
Facsimile: (916) 421-0149 (916) 491-3138
Email: [email protected] [email protected] Address: Elk Grove Auto Group
8575 Laguna Grove Dr
Elk Grove, CA 95757
Downtown Ford Sales
525 N 16th St
Sacramento, CA 95811
Dealer
Contact
Information
Watsonville Fleet Group
Contract # 1-22-23-23G
US Fleet Source
Contract # 1-22-23-23H
Contact
Name:
Yesenia Covarrubias Lisa Molino
Telephone: (626) 457-5590 (626) 344-4285
Facsimile: (626) 457-5593 (626) 416-3064
Email: [email protected] [email protected] Address: Watsonville Fleet Group
1601 W. Main Street
Alhambra, CA 91801
US Fleet Source
979 S. Village Oaks Drive
Covina, Ca 91724
Dealer
Contact
Information
CA Car Group
Contract # 1-22-23-23I
Contact
Name:
Richard M. Slade
Telephone: (925) 560-4465
Facsimile: N/A
Email: [email protected]
Address: CA Car Group
4200 John Monego Ct
Dublin, CA 94568
445
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*
Contract 1-22-23-23 *B-I* Page 20 *04/19/2024*
User Instructions
RESTOCKING FEES
The Contractor may impose a restocking fee to the ordering agency on orders cancelled after the order has been placed with the manufacturer: The Contractor shall notify the ordering agency of the order placement per Article 14, Order Acknowledgment.
Re-stocking fees can be no greater than ten percent (10%) of the value of the vehicle being restocked.
INVOICING
Ordering agencies may require separate invoicing, as specified by each ordering organization. Invoices will contain the following information:
• Contractor’s name, address and telephone number
• Leveraged Procurement Number (Contract Number)
• Agency Order Number (Purchase Order Number)
• Item and commodity code number
• Quantity purchased
• Contract price and extension
• State sales and/or use tax
• Prompt payment discounts/cash discounts, if applicable • Totals for each order
PAYMENT
A. Terms
Payment terms for contracts 1-22-23-23 *B – G* include a $500 per vehicle discount for payment made within twenty (20) days. Contracts 1-22-23-23 H & I offer no discount. The cash discount time is defined by the State as beginning only after the vehicle has been inspected, delivered, and accepted by the receiving agency, or from the date a correct invoice is received in the office specified on the Purchase Order, whichever is later.
Payment is deemed to be made, for the purpose of earning the discount, one (1) working day after the date on the State warrant or check. Typically, acceptance will be accomplished within twenty (20) business hours after a vehicle is delivered.
Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code Section 927, et seq. Unless expressly exempted by statute, the Act requires State departments to pay properly submitted, undisputed invoices not more than forty-five (45) days after the date of acceptance of goods, performance of services, or receipt of an undisputed invoice, whichever is later.
446
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*
Contract 1-22-23-23 *B-I* Page 21 *04/19/2024*
User Instructions
B. CAL-Card Use
Use of the CAL-Card for payment of invoices is not allowed under this statewide contract.
C. Payee Data Record
Each State accounting office must have a copy of the Payee Data Record (Std. 204) in order to process payments. State departments should forward a copy of the Std. 204 to their accounting office(s). Without the Std. 204, payment may be unnecessarily delayed. State departments may contact the Contractor for copies of the Payee Data Record.
D. State Financial Marketplace
The State reserves the right to select the form of payment for all procurements, be it either an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS $Mart and/or Lease $Mart). If payment is via the financial marketplace, the Contractor will invoice the State and the State will approve the invoice and the selected Lender/Lessor for all product listed on the State's procurement document will pay the Contractor on behalf of the State.
CALIFORNIA SELLER’S PERMIT
The California seller permit number for the Contractor is listed below. State departments can verify that permits are currently valid at the following website: www.cdtfa.ca.gov.
State departments must adhere to the file documentation required identified in the State Contracting Manual Volume 2 and Volume 3 and SCM-F.
Contractor Name Seller Permit #
[Lithia Nissan of Fresno 97163762]
Ocean Honda 101-652579
Freeway Toyota 102-659756
Winner Chevrolet 100-208309
Elk Grove Auto Group 100-197237
Downtown Ford Sales 28600344
Watsonville Fleet Group 245364864
101-135239
US Fleet Source 103-097044
CA Car Group 100-214737
WARRANTY
The manufacturer’s standard new vehicle warranty shall apply to all vehicles purchased from these contracts. All warranties shall be factory authorized. The warranty shall be 447
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*
Contract 1-22-23-23 *B-I* Page 22 *04/19/2024*
User Instructions
honored by all franchised dealers of the vehicle within the State of California. The Warranty term for the vehicles offered under these contracts shall meet the following (as applicable):
• Bumper to bumper warranty shall cover not less than 3 years/36,000 miles, no charge for parts and labor.
• Power train warranty for light duty vehicles weighing 8500 lbs. GVWR or less shall cover not less than 5 years/100,000 miles, no charge for parts and labor. • Power train warranty for vehicles over 8500 lbs. GVWR shall cover not less than 5 years/60,000 miles, no charge for parts and labor.
The State’s established preventative maintenance procedures and practices shall be acceptable to the manufacturer/contractor in lieu of the manufacturer’s prescribed procedures which may form a part of the warranty.
All emission-related components shall be warranted in compliance with California Air Resources Board and Federal requirements. Contractor cannot offer independent insurance or statements indicating self insurance. If an additional extended warranty is purchased, a warranty certificate, warranty card, or a statement indicating the extended warranty has been recorded with the manufacturer shall be furnished with each vehicle delivered.
Normal wear items such as tires, belts, hoses, headlamps, light bulbs, brake linings, brake discs/drums, etc. are excluded from warranty coverage. All other items not subject to normal wear or gross operator neglect and abuse, such as window, seat, or wiper motors, chassis electrical switches (door, trunk lid), paint, hinges, locks, etc., shall be covered.
The State reserves the right to use re-refined lubrication oils, where available, in lieu of virgin equivalent oils. The re-refined oils used by the State will meet all API and SAE standards and specifications as set forth by the vehicle manufacturer. The use of said oils shall in no way void or degrade the original manufacturer’s standard warranty.
The State reserves the right to use recycled content antifreeze/coolant, where available, in lieu of virgin equivalent antifreeze/coolant when servicing its vehicles. The recycled content antifreeze/coolant used by the State will meet all ATSM standards and specifications as set forth by the vehicle manufacturer.
REPAIR PARTS
The manufacture of the awarded vehicle(s) should maintain an adequate stock of all regular and special parts to meet the continuing service and repair parts needs of the State without undue delay.
A special system shall be set up for expediting the procurement of back-order items needed to repair an inoperative vehicle including a system to air freight parts at factory 448
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*
Contract 1-22-23-23 *B-I* Page 23 *04/19/2024*
User Instructions
expense when parts are not in stock in California parts depots. Parts must be available within three (3) working days after telephone notification.
Vehicles with new technology emerging into the industry (e.g., fuel cell vehicles) may require more than (3) working days for the availability of certain parts. Contractor must notify the State Contract Administrator and ordering agency when this occurs and provide the estimated date of availability.
MAINTENANCE PLAN
A maintenance plan is available for light duty vehicles under 8500 lbs. GVWR. The purchase of a maintenance plan is optional. The maintenance plan covers all regularly scheduled service for a minimum of five (5) years/75,000 miles. The maintenance shall include at a minimum all manufacturer recommended services such as, but not limited to:
• Oil changes;
• Filter changes;
• Fluid changes;
• Lubrications;
• Tire rotations;
• Equipment and safety inspections
The Maintenance Plan is not required to cover wear items such as brake pads/shoes, wiper blades, etc.
Purchase of the Maintenance Plan is non-mandatory for State departments.
The Maintenance Plan is not applicable to vehicles over 8,500 lbs. GVWR.
RECYCLED CONTENT
State departments are required to report purchases in many product categories. The Postconsumer-Content Certification Form (CIWMB 74) for the Contractor(s) is attached (Attachment C).
SB/DVBE PARTICIPATION
There is no Small Business (SB) or Disabled Veteran Business Enterprise (DVBE) participation for this contract.
STATE AND LOCAL GOVERNMENT EMPLOYEE PRICING
In the interest of expanding the California marketplace for Zero Emission Vehicles (ZEV), some Contractors have offered a discount to any interested State of California or local government employee when purchasing a ZEV for personal use. A list of participating 449
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*
Contract 1-22-23-23 *B-I* Page 24 *04/19/2024*
User Instructions
Dealers and vehicles can be found at: https://www.dgs.ca.gov/PD/Resources/Page- Content/Procurement-Division-Resources-List-Folder/State-of-California-Green-Fleet- Employee-Pricing-Program
ATTACHMENTS
Attachment A – Contract Pricing, *Supplement 22*
Attachment B – Specification 2310-4181, revised 08/16/2021 Attachment C – Postconsumer Content Certification Workbook Attachment D – Vehicle Specifications
450
110421-VRM
Rev. 3/2021 1
Solicitation Number: RFP #110421
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Vermeer Manufacturing Company, dba Vermeer Corporation, 1210 Vermeer Road, East Pella, IA 50219 (Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Public Utility Equipment with Related Accessories and Supplies from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires December 27, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.
C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
451
110421-VRM
Rev. 3/2021 2
Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be
452
110421-VRM
Rev. 3/2021 3
returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change;
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x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell
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contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.
Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
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x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).
The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased
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by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.
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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,
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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.
5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.
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14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms
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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is
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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.
Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.
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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names
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of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
466
110421-VRM
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and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.
R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.
Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.
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T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcewell Vermeer Manufacturing Company,
dba Vermeer Corporation
By: __________________________ By: __________________________ Jeremy Schwartz Chad Tousey
Title: Chief Procurement Officer Ti tle: Corporate Accounts Manager
Date: ________________________
Date: ________________________
Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
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City Council
Staff Report
Subject:
Janitorial Services Agreement
Date:
August 12, 2025
Submitted By:
Matt McClure, Public Works Manager
Justin Nartker, Public Works Director
Department:
Public Works
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Authorizing Awarding the Contract for Janitorial Services of City Owned Facilities to Pride Industries One, Inc. and Authorizing the City Manager to Execute the Agreement with Pride Industries.
Background:
Janitorial services costs for City-owned facilities are included in the Fiscal Years 2025/26 and 2026/27 Operating Budget. The previous contract, originally approved by the City Council in 2022, expired on June 30, 2025. To ensure continuity of service, the City Manager authorized a short-term, two-month interim contract covering the period from July 1, 2025, through August 31, 2025. Staff reviewed various options and, utilizing the State of California Welfare and Institutions Code 19404 (Code 19404), contacted Pride Industries One to provide pricing for janitorial services for a three-year period. Code 19404 states that any state agency, city or county, etc. may without advertising or calling for bids, purchase materials and supplies manufactured and services provided by public or private nonprofit California corporation operating community rehabilitation programs serving persons with disabilities, etc. Pride Industries One, Inc. meets the necessary requirements and provided the following pricing:
Year
Cost
Year 1 (Ten Months)
$ 287,117.70
Year 2
$ 361,404.00
Year 3
$ 375,068.76
TOTAL
$1,023,590.46
The first period of the agreement is for ten months (September 1, 2025-June 30, 2026), followed by two twelve-month periods (July 1, 2026-June 30, 2027 and July 1, 2027-June 30, 2028). This contract is based on a price per City facility. Staff recommends the City Council award the contract to Pride Industries One, Inc.
The Resolution establishes the City Manager’s change order authority to add/delete City Item Number C16.
485
facilities and/or square footage if the City increases/decreases the amount or size of City’s facilities.
Fiscal Impact:
There is no additional fiscal impact to the General Fund. Sufficient funds are available in the Operating Budget for the adopted budget years. Funding for subsequent years will be considered in the budgets adopted for the applicable fiscal years, provided sufficient resources are available in the applicable funds.
ATTACHMENTS:
1. Resolution
2. Resolution Exhibit A - Services Agreement
3. California Code 19404
486
August 12, 2025 Page 1 of 2 Resolution No. 2025-
RESOLUTION NO. 2025-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
AWARDING THE CONTRACT FOR JANITORIAL SERVICES OF CITY
OWNED FACILITIES TO PRIDE INDUSTRIES ONE, INC.
AND AUTHORIZING THE CITY MANAGER TO EXECUTE
THE AGREEMENT WITH PRIDE INDUSTRIES
WHEREAS, with the existing janitorial contract ending on August 31, 2025, staff, utilizing the State of California Welfare and Institutions Code 19404 (Code 19404), contacted Pride Industries One., Inc. to provide pricing for janitorial services Citywide; and
WHEREAS, Code 19404 states that any state agency, city or county, etc. may without advertising or calling for bids, purchase materials and supplies manufactured and services provided by public or private nonprofit California corporation operating community rehabilitation programs serving persons with disabilities, etc.; and
WHEREAS, this agreement is for two years and ten months, based on a price per City facility, for a total cost of $1,023,590.46.
NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:
Section 1. The City Council awards the contract for Janitorial Services of City owned facilities to Pride Industries One, Inc. in the amount of $1,023,590.46.
Section 2. The City Manager is authorized to execute the Agreement with Pride Industries One, Inc., in substantially the form attached hereto as “Exhibit A”.
Section 3. The City Council hereby authorizes the City Manager with authority to approve and sign amendments to the agreement if necessary for the purpose of modifying the locations and scope of work provided by Pride Industries at City facilities, provided that any such amendment does not increase the maximum compensation of the contract, and the amendment otherwise complies with applicable Rocklin Municipal Code and is approved as to form by the City Attorney.
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August 12, 2025 Page 2 of 2 Resolution No. 2025-
PASSED AND ADOPTED this 12th day of August, 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
________________________________
Jill Gayaldo, Mayor
ATTEST:
____________________________
Avinta Singh, City Clerk
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AGREEMENT FOR SERVICES BETWEEN THE CITY OF ROCKLIN AND
PRIDE INDUSTRIES ONE, INC.
This agreement is entered into between the City of Rocklin, through its PUBLIC WORKS DEPARTMENT (“City”) and Pride Industries One, Inc. , a California Nonprofit corporation (“Provider”) (collectively, the “Parties” and individually a “Party”) for the purpose of providing janitorial services.
Section 1. RESPONSIBILITIES OF PROVIDER
A. Pursuant to the te rms and conditions of this agreement, Provider shall provide to the City the services described in the Scope of Work, Exhibit A.
B. Provider shall assign and utilize only competent personnel to perform services pursuant to this Agreement. Provider shall designate a project manager who at all times shall represent the Provider before the City on all matters relating to this Contract. The project manager shall continue in such capacity unless and until he or she is removed at the request of the City, is no longer employed by Provider, or is replaced with the written approval of the City, which approval shall not be unreasonably withheld. Provider shall notify City in writing, of any other changes in Provider’s staff assigned to perform the services required under this Agreement, prior to any such performance. In the event the City desires the removal of any person assigned by Provider to perform services pursuant to this Agreement, because the City in its sole discretion, determines that such person is not performing in accordance with the standards required herein, Provider shall remove such person immediately upon receiving notice from the City of the desire for the removal of such person.
C. Provider agrees and represents that it is qualified to prop erly provide the services set forth herein in a manner consistent with the generally accepted standards of Provider’s profession. Provider is duly licensed, qualified and experienced to perform the services set forth in this Agreement. Provider represents and warrants that it has all licenses, permits, qualifications and approvals of whatsoever nature that are legally required for Provider to practice its profession or provide any services under this Agreement. Provider represents and warrants that Provider shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits and approvals that are legally required for Provider to practice its profession or provide such services. If Provider is an out of state corporation, Provider further warrants and represents that it possesses a valid certification of qualification to transact business in the State of California issued by the California Secretary of State. Provider shall perform all services re quired pursuant to this Agreement in the manner and according to the standards currently observed by a competent practitioner of Provider’s profession in California.
Provider shall devote such time and effort to the performance of services pursuant to this Agreement as is necessary for the satisfactory and timely performance of Provider’s obligations under this Agreement.
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Section 2. RESPONSIBILITIES OF CITY
Pursuant to the terms and conditions of this agreement, City shall:
A. Compensate Provider as prescribed in Sections 3 and 4 of this agreement and shall monitor the outcomes achieved by Provider.
Section 3. COMPENSATION
A. Provider shall be paid for services satisfactorily and timely rendered in accordance with and as described in this agreement, which for the period of September 1, 2025 through June 30, 2026, shall include a maximum of $287,117.70; during Year 2 of the contract (July 1, 2026 through June 30, 2027), a maximum of $361,404.00; and for Year 3 of the contra ct (July 1, 2027 through June 30, 2028) , a maximum of $375,068.76.
B. In no event shall the maximum amount payable under this agreement exceed $1,023,590.46.
C. Provider’s violation or breach of agreement terms may result in fiscal penalties, withholding of compensation, or termination of agreement.
Section 4. BILLING AND PAYMENT
A. Provider shall submit to the Public Works Director within five days after completion of the services prescribed in Section 1, an itemized statement or invoice of services rendered . City shall make payment within 30 days of receipt of Provider’s correct and approved statement or invoice.
At minimum, all invoices submitted by Provider shall contain the following information:
i. Job/project name or description;
ii. City’s current purchase order and/or work order number (if applicable); iii. Provider’s invoice number;
iv. Date of invoice issuance;
v. Description of services billed under invoice, including the description of tasks performed and the corresponding rate charged for the completion of that task;
vi. Amount of invoice, itemizing all authorized reimbursable expenses; and vii. Total billed to date under agreement.
B. Compensation under this agreement shall be reduce d by applicable Provider revenues. The term “applicable Provider revenues” refers to those receipts or reductions in expenditures or costs which operate to offset or reduce expense or cost items that are allocable to Provider’s compensation under this agreement (such as but not limited to: purchase discounts, rebates or allowances, insurance refunds 490
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and adjustments or overpayment, or other erroneous charges). To the extent that applicable Provider revenues, accruing or received by Provider relate to allowable costs, they shall be credited to C ity either as a reduction, or a cash refund, as appropriate.
C. Should City, or the county, state, or federal government, disallow any amount claimed by or paid by City to Provider, Provider shall reimburse City, county, state or federal government, as directed by City or the state or federal government, for such disallowed cost.
D. Provider shall pay when and as due, any and all taxes incurred as a result of Provider’s compensation hereunder, including estimated taxes, and shall provide City with proof of payment upon request. Provider agrees to indemnify City for any claims, losses, costs, fees, liabilities, damages or injuries suffered by City arising out of Provider’s breach of this section.
Section 5. TERM OF AGREEMENT
A. This agreement shall commence as of the last date it has been signed by both Parties and shall end June 30, 2028.
Section 6. TERMINATION OF AGREEMENT
A. If Provider materially fails to perform Provider’s responsibilities under this agreement to the satisfaction of C ity, or if Provider fails to fulfill in a timely and professional manner Provider’s responsibilities under this agreement, or if Provider violates any of the terms or provisions of this agreement, then C ity shall have the right to terminate this agreement for cause effective immediately upon the City giving written notice thereof to Provider. If termination for cause is given by City to Provider and it is later determined that Provider was not in default or the default was excusable, then the notice of termination shall be deemed to have been given without cause pursuant to paragraph B of this Section.
B. City may terminate this agreement without cause on thirty (30) days written notice to Provider.
C. City may terminate this agreement immediately upon oral notice should funding cease or be materially decreased during the term of this agreement.
D. City’s right to terminate this agreement may be exercised by the City Manager or City Manager’s designee.
E. Should this agreement be terminated, Provider shall promptly provide to C ity any and all finished and unfinished reports, data, studies, photographs, charts, and other documents prepared by Provider pursuant to this agreement in a format acceptable to City.
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F. If this agreement is terminated, Provider shall only be paid for serv ices satisfactorily completed and provided prior to the effective date of termination.
Section 7. ENTIRE AGREEMENT; AMENDMENTS; HEADINGS;
EXHIBITS/APPENDICES
A. This agreement supersedes all previous agreements relating to the subject of this agreement and constitutes the entire understanding of the Parties hereto. Provider shall be entitled to no other benefits other than those specified herein. Provider specifically acknowledges that in entering into and executing this agreement, Provider relies solely upon the provisions contained in this agreement and no others.
B. No changes, amendments, or alterations to this agreement shall be effective unless in writing and signed by both Parties. However, minor amendments , inc luding retroactive, that do not result in a substantial or functional change to the original intent of this agreement and do not cause an increase to the maximum amount payable under this agreement may be agreed to in writing between Provider and City Manager or the City Manager’s designee , provided that the amendment is in substantially the same format as the City’s standard format amendment.
C. The headings that appear in this agreement are for reference purposes only and shall not affect the meaning or construction of this agreement.
D. If any ambiguity, inconsistency, or conflict exists or arises between the provisions of this agreement and the provisions of any of this agreement’s exhibits or appendices, the provisions of this agreement shall govern.
E. Contract Documents. This Agreement and its exhibits shall be known as the “Contract Documents.” Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. In the event of conflict between terms contained in these Contract Documents, the more specific term shall control. If any portion of the Contract Documents shall be in conflict with any other portion, provisions contained in the Contract shall govern over conflicting provisions contained in the exhibits to the Contract. In the event of any conflict between the terms or conditions of this written Agreement and any terms or conditions of any document prepared or provided by Provider and made a part of this Agreement, including witho ut limitation any document relating to the scope of services or payment therefor, the written terms of this document shall control over those terms or conditions.
Section 8. NONASSIGNMENT OF AGREEMENT; NON-WAIVER
Inasmuch as this agreement is intended to secure the specialized services of Provider, Provider may not assign, transfer, delegate, or sublet any interest herein without the prior written consent of C ity. The waiver by C ity of any breach of any requirement of this agreement shall not be deemed to be a waiver of any other breach. 492
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Section 9. EMPLOYMENT STATUS OF PROVIDER
A. Provider shall, during the entire term of this agreement, be construed to be an independent Provider, and nothing in this agreement is intended nor shall be construed to create an employer-employee relationship, a joint venture relationship, or to allow C ity to exercise discretion or control over the professional manner in which Provider performs the work or services that are the subject matter of th is agreement; provided, however, that the work or services to be provided by Provider shall be provided in a manner consistent with the professional standards applicable to such work or services. The sole interest of C ity is to ensure that the work or services shall be rendered and performed in a competent, efficient, and satisfactory manner. Provider shall be fully responsible for payment of all taxes due to the State of California or the federal government that would be withheld from compensation if Provider were a C ity employee. City shall not be liable for deductions for any amount for any purpose from Provider’s compensation. Provider shall not be eligible for coverage under City’s workers’ compensation insurance plan nor shall Provider be eligible for any other C ity benefit. Provider must issue W -2 and 941 Forms for income and employment tax purposes, for all of Provider’s assigned personnel under the terms and conditions of this agreement.
Section 10. INDEMNIFICATION
A. To the fullest extent permitted by law, Provider shall indemnify and hold harmless City, its elected officials, officers, employees, agents, and volunteers against all claims, suits, actions, costs, expenses (including, but not limited to, reasonable attorney's fees of the City Attorney and counsel retained by C ity, expert fees, litigation c osts, and investigation costs), damages, judgments, or decrees arising from the work or the provision of services undertaken pursuant to this agreement by Provider, or by any of Provider’s subcontractors, any person employed under Provider, or under any subcontractor, or in any capacity, except when the injury or loss is caused by the sole negligence or intentional wrongdoing of C ity. Provider shall also, at Provider’s own expense, defend the City, its elected officials, officers, employees, agents, and vol unteers, against any claim, suit, action, or proceeding brought against C ity, its elected officials, officers, employees, agents, and volunteers, arising from the work or the provision of services undertaken pursuant to this agreement by Provider, or any o f Provider’s subcontractors, any pers on employed under Provider, or under any Subcontractor, or in any capacity. Provider shall also defend and indemnify C ity for any adverse determination made by the Internal Revenue Service or the State Franchise Tax Boa rd and/or any other taxing or regulatory agency and shall defend, indemnify, and hold harmless C ity with respect to Provider’s “independent contractor” status that would establish a liability on City for failure to make social security deductions or contributions or income tax withholding payments, or any other legally mandated payment. The provisions of this paragraph are intended to be interpreted as broadly as permitted by applicable 493
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law. This provision shall survive the termination, expiration, or cance llation of this agreement.
B. The indemnification provisions are independent of, and shall not in any way be limited by, Provider’s insurance coverage or lack of coverage, or by the insurance requirements of this agreement. City acknowledgement or approval of Provider’s evidence of insurance coverage required by this agreement does not in any way relieve Provider from its obligations under this Section.
Section 11. INSURANCE REQUIREMENTS
Without limiting Provider’s duties of defense and indemnification , Provider and any subcontractor agrees to have and maintain the policies set forth below, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Provider, its a gents, representatives, or employees. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement.
A. Minimum Scope and Limit of Insurance
1. Commercial General Liability (CGL) : Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 00 01 covering any auto (Code 1), or if Provider has no owned autos, covering hired (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation as required by the State of California, with Statutory Limits and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If Provider has no employees, Provider must notify City if an employee is hired, verify proof of coverage for any subcontractors, and agrees to hold City harmless and defend City from claims arising from failure to provide workers’ compensation benefits. Provider is aware of the provisions of the Labor Code, including section 3700, which require every employer to insure against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of the Labor Code, and Provider shall comply with such provisions before commencing th e performance of the work or the provision of services pursuant to this agreement.
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Provider shall require its subs, if any, to carry and maintain insurance coverage and evidence that equals or exceeds the coverage requirements imposed upon Provider by this agreement.
If the Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Provider. Any available insurance procee ds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
B. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider including materials, parts, or e quipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Provider’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 Provider’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its offi cers, officials, employees, or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Provider’s insurance and shall not contribute with it.
3. Umbrella or Excess Policy . The Provider may use Umbrella or Excess Policies to provide the liability limits as required in this Agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance c overages herein required, including, but not limited to, primary and non -contributory, additional insured, Self -Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess Policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Provider’s primary and excess liability policies are exhausted.
4. Notice of Cancelation. Each insurance policy required above shall provide that coverage shall not be canceled, except with 30 days’ notice to the City, with ten days notice of cancelation due to non -payment. Further, in the event coverage is reduced or canceled, or otherwise materially changed, a notice of said reduction or cancellation or change shall be provided to City within 24 hours.
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5. Waiver of Subrogation . Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider 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.
6. Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. The City may require the Provider to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
7. Acceptability of Insurers . In surance 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.
8. Claims Made Policies . If a ny of the required policies for professional liability insurance provide claims-made coverage:
a. The Retroactive Date must be shown and must be before the date of the Contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
c. 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 Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
9. Verification of Coverage . Provider shall furnish the City with original Certificate of Insurance including all required amendatory endorsements (or copies of the applicable policy language affecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL p olicy 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 Provider’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.
Further, any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City of Rocklin, its elected officials, officers, employees, agents, or volunteers.
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10. Subcontractors. Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Provider shall ensure that City is an additional insured on insurance required from subcontractors.
11. 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.
Section 12. NOTICE OF CLAIM; APPLICABLE LAW; VENUE
A. If any claim for damages is filed with Provider or if any lawsuit is instituted concerning Provider’s performance under this agreement and that in any way, directly or indirectly, contingently or otherwise, affects or might reasonably affect City, Provider shall give prompt and timely notice thereof to C ity. Notice shall be prompt and timely if given within 30 days following the date of receipt of a claim or 10 days following the date of service of process of a lawsuit. This provision shall survive the termination, expiration, or cancellation of this agreement.
B. Any dispute between the Parties, and the interpretation of this agreement, shall be governed by the laws of the State o f California. Any litigation shall be venued in Placer County.
Section 13. COMPLIANCE WITH LAWS; NON-DISCRIMINATION
A. Provider shall observe and comply with all applicable present and future federal laws, state laws, local laws, codes, rules, regulations, and/or orders that relate to the work or services to be provided pursuant to this agreement.
B. Provider shall not unlawfully discriminate in employment practices or in the delivery of services on the basis of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, medical condition (including cancer, HIV, and AIDS) physical or mental disability, use of family care leave under either the Family & Medical Leave Act or the California F amily Rights Act, or on the basis of any other status or conduct protected by law.
C. Provider represents that Provider is in compliance with and agrees that Provider shall continue to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. sections 12101, et seq .), the Fair Employment and Housing Act (Government Code sections 12900, et seq.), and regulations and guidelines issued pursuant thereto. Furthermore, where applicable, Provider represents and warrants all websites created for C ity, or used by Provider to provide services pursuant to this agreement shall comply with the Americans with Disabilities Act of 1990 and shall specifically conform to the Web Content Accessibility Guidelines found at www.w3.org.7., and comply with section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), Subpart B, 1194.22.
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D. In addition to any other provisions of this agreement, Provider shall be solely responsible for any and all damages caused, and/or penalties levied, as the result of Provider’s noncompliance with the provisions of this section.
Section 14. ACCESS TO RECORDS; RECORDS RETENTION
A. City, federal, and state officials shall have access to any books, documents, papers, and records of Provider that are directly pertinent to the subject matter of this agreement for the purpose of auditing or examining the activities of Provider or City. Except where longer retention is required by federal or state law, Provider shall maintain all records for five years after C ity makes final payment hereunder.
This provision shall survive the termination, expiration, or cancellation of this agreement.
B. Provider shall maintain appropriate records to ensure a proper accounting of all funds and expenditures pertaining to the work performed or the services provided pursuant to this agreement. Provider shall maintain records providing information that account for all funds and expenses related to the provision of services provided pursuant to this agreement. Access to these records shall be provided to City during working days, 8:00 a.m. to 5:00 p.m. and at other times upon reasonable notice by City, and upon request of state and federal agencies charged with the administration of programs related to the work or services to be provided pursuant to this agreement.
C. Provider agrees to accept responsibility for receiving, replying to, and/or complying with any audit exception by appropriate federal, state, or City audit directly related to the provisions of this agreement. Provider agrees to repay C ity the full amount of payment received for duplicate billings, erroneous billings, audit exceptions, or false or deceptive claims. Provider agrees that City may withhold any money due and recover through any appropriate method any money erroneously paid under this agreement if evidence exists of less than full compliance with this agreement including, but not limited to, exercising a right of set-off against any compensation payable to Provider.
D. During performance of the agreement and for a period of three (3) years after completing all services, Provider shall maintain all accounting and financial records related to this Agreement, including but not limite d to records of Provider’s costs for all services performed under this Agreement and records of Provider’s reimbursable expenses, in accordance with generally accepted accounting practices, and shall keep and make the records available for inspection and audit by representatives of the City upon reasonable written notice.
Section 15. LICENSES AND PERMITS
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States, the State of California, the County of Placer, the City of Rocklin , and all other appropriate governmental agencies, including any certification and credentials required by City. Failure to maintain the licenses, permits, certificates, and credentials shall be deemed a breach of this agreement and constitutes grounds for the termination of this agreement by City.
Section 16. PERFORMANCE STANDARDS
Provider shall perform the work or services required by this agreement in accordance with the industry and/or professional standards applicable to Provider’s work or services.
Section 17. CONFLICTS OF INTEREST
Provider and Provider’s officers and employees shall not have a financial interest, or acquire any financial interest, direct or indirect, in any business, property, or source of income that could be financially affected by or otherwise conflict in any manner or degree with the performance of the work or services required under this agreement.
Section 18. NOTICES
A. Except as provided in Section 6.C. of this agreement (oral notice of termination due to insufficient funding), any notices required or permitted pursuant to the terms and provisions of this agreement shall be given to the appropriate Party at the address specified below or at such other address as the Party shall specify in writing Such notice shall be deemed given: (1) upon personal delivery; or (2) if sent by first class mail, postage prepaid, two days after the date of mailing.
If to City: City of Rocklin
4081 Alvis Court
Rocklin, CA 95677
City Attorney
City of Rocklin
3970 Rocklin Road
Rocklin, CA 95677
If to Provider: Pride Industries
11030 Foothills Blvd.
Roseville, CA 95747
B. Any oral notice authorized by this agreement shall be given to the persons specified in Section 18.A. and shall be deemed to be effective immediately.
C. Unless otherwise stated in this agreement, any written or oral notices on behalf of the City as provided for in this agreement may be executed and/or exercised by the City Manager or their designee.
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Section 19. AGREEMENT PREPARATION
It is agreed and understood by the Parties that this agreement has been arrived at through negotiation and that neither Party is to be deemed the Party which created any uncertainty in this agreement within the meaning of section 1654 of the Civil Code.
Section 20. COMPLIANCE WITH POLITICAL REFORM ACT
Provider shall comply with the California Political Reform Act (Government Code, sections 81000, et seq. ), with all regulations adopted b y the Fair Political Practices Commission pursuant thereto, and with the City’s Conflict of Interest Code, with regard to any obligation on the part of Provider to disclose financial interests and to recuse from influencing any City decision which may affe ct Provider’s financial interests. If required by the C ity’s Conflict of Interest Code, Provider shall comply with the ethics training requirements of Government Code sections 53234, et seq.
Section 21. SEVERABILITY
If any portion of this agreement or application thereof to any person or circumstance is declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal or state statute or regulation or City ordinance, the remaining provisions of this agreement, or the application thereof, shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this agreement are severable.
Section 22. CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700 [Labor Code § 1861]
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.
PROVIDER
By:_____ ___________________________
Kathy Lopez-Shaughnessy, Director, Commercial Contracts
Section 23. POWER AND AUTHORITY TO ENTER INTO AGREEMENT
All parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement in the names, titles, and capacities herein stated and on behalf of any entities, persons, or firms represented or purported to be rep resented by such entity(ies), person(s), or firm(s) and that all formal requirements necessary or required by any state and/or federal law in order to enter into this Agreement have been fully complied with. Furthermore, by entering into this Agreement, Provider hereby warrants that it shall 500
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not have breached the terms or conditions of any other contract or agreement to which Provider is obligated, which breach would have a material effect hereon.
Section 24. OWNERSHIP OF WORK
To the extent Provider’s scope of services requires any of the following work or services, all research data, reports, and every other work product of any kind or character arising from or relating to this agreement shall become the property of the C ity and be delivered to the C ity upon completion of its authorized use pursuant to this agreement with the exception of informal communications such as emails and staff notes, whether those communications or notes are internal to Provider's staff or between Provider and any subcontractors. City may use Provider’s such work products for any purpose whatsoever.
City acknowledges that its alteration of documents without consent of Provider, or use of the documents for any purpose unrelated to this agreement’s purposes, is at the City’s own risk and without liability to Provider. All works produced under this agreement shall be deemed works produced by a Provider for hire, and all copyright with respect thereto shall vest in the C ity without payment of royalty or any other additional compensat ion.
Notwithstanding anything to the contrary contained in this agreement, Provider shall retain all of Provider’s rights in Provider’s own proprietary information, including, without limitation, Provider’s methodologies and methods of analysis, ideas, concepts, expressions, know how, methods, techniques, skills, knowledge, and experience possessed by Provider prior to, or acquired by Provider during the performance of this agreement and Provider shall not be restricted in any way with respect thereto.
Section 25. USE OF CITY PROPERTY
Provider shall not use C ity premises, property (including equipment , instruments, and supplies), or personnel for any purpose other than in the performance of Provider’s obligations under this agreement.
Section 26. COUNTERPARTS/ELECTRONIC, FACSIMILE, AND PDF SIGNATURES
This agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each Party of this agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal.
Civ. Code §§ 1633.1 to 1633.17), for executing this agreement. The Parties further agree that the electronic signatures of the Parties included in this agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and cont racts among Parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasona bly relied upon by the Parties. For purposes of this section, a digital signature is a type of "electronic 501
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signature" as defined in subdivision ( h) of Section 1633.2 of the Civil Code. Facsimile signatures or signatures transmitted via pdf document shall b e treated as originals for all purposes.
SIGNATURE PAGE FOLLOWS
IN WITNESS WHEREOF, City and Consultant have executed this agreement on the dates set forth below. By their signatures below, each signatory represents that they have the authority to execute this agreement and to bind the Party on whose behalf their execution is made.
CITY OF ROCKLIN
By: ________________________________ Date: _________________________ Aly Zimmermann, City Manager
ATTEST:
By: _________________________________
Avinta Singh, City Clerk
APPROVED AS TO FORM:
MATTHEW McOMBER
CITY ATTORNEY
By: _________________________________
Matthew McOmber, City Attorney
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PROVIDER
By:________________________________ Date: _________________________ Kathy Lopez-Shaughnessy, Director, Commercial Contracts Tax I.D.#: 91-1827109
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Exhibit A
Scope of Work
BUILDING MAINTENANCE SPECIFICATIONS
1. PROVIDER SHALL TIMELY PERFORM ALL WORK SET FORTH HEREIN TO CITY’S REASONABLE SATISFACTION:
A. Furnish all labor, materials, tools, equipment, and transportation required to perform cleaning, disinfecting restrooms, trash removal, and other items specified herein.
B. The following facilities are to be serviced five (5) days per week Monday – Friday:
1. Police Station
2. City Hall
3. Historic City Hall
4. Fire Department Administration
5. Corporation Yard Complex
The following facilities are to be serviced all seven (7) days of the week.
1. Rocklin Event Center
2. Community Center
3. Parks and Recreation Building
4. Train Station
C. It is the responsibility of the Provider to assure City buildings are cleaned in a manner that complies with the standards (see Section 2) expected by the City of Rocklin and that all services and work perfor med by Provider otherwise comply with the Definitions and Standards sections set forth herein.
D. The Provider is responsible for providing all cleaning supplies, paper supplies and equipment. This includes but is not limited to cleaning supplies, waxes , paper products, hand towels, toilet paper, hand soaps, etc.
All products supplied by the Provider must include sufficient stock to be used by rental customers and city staff for functions at the sites. Liners for trash cans that use the large (43” x 47”) liners must be a minimum of 2.0 mil thickness.
E. Facilities and approximate square footage included are:
1. Rocklin Police Station (40,000sq.ft.)
2. Rocklin City Hall (17,000 sq.ft.)
3. Historic City Hall (2100 sq.ft.)
4. Rocklin Train Station (700 sq.ft.)
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5. Rocklin Community Center (3400 sq.ft.)
6. Park and Recreation Building (5500 sq.ft.)
7. Corporation Yard Complex (7500 sq.ft.)
8. Rocklin Event Center (26,000 sq.ft.)
9. Fire Department Administration (3,400 sq.ft.)
2. DEFINITIONS AND STANDARDS
Provider shall perform work cleaning, work, and services in accordance with the foll owing definitions:
A. CLEANING:
To keep free from dirt or impurities, removing stains, either by hand or with tools on items such as urinals, water closets, sinks, drinking fountains, ligh t fixtures, mirrors, etc.
B. BUFFING:
To clean or shine with a floor machine surfaces such as resilient tiles, terrazzo, wood, slate, etc.
C. SURFACE WIPING:
To remove surface dust, or dirt from furniture, files, sills, blinds, telephones, vents, grills, lighting fixtures 9 feet or below, tables, and desks. Wipe only surfaces that are free of personal items and papers.
D. EMPTYING:
To remove accumulation of tr ash or residue from waste/recycling containers, ashtrays, receptacles, etc., and deposit in designated containers.
E. MOPPING - DAMP AND WET:
To wash, wipe and remove dirt and stains from floor that cannot be removed by sweeping or vacuuming. To leave clean with no standing water.
F. POLISHING: To smooth and brighten by rubbing with polishing cloth using proper pastes, etc., as surfaces may require, such as brass, furniture, counters, mirrors, etc.
G. REFILL: To replace the contents of a container such as soap, toilet tissue, towel dispensers, hand sanitizers, etc. The City will accept no less than the quality of the existing soap, toilet tissue, paper towels and hand sanitizers.
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H. STRIPPING: This is a colloquial term for removing built-up waxes, seals and other floor dressings, from the original natural surface before applying a fresh coat of protective cover to surfaces such as resilient tile, wood, terrazzo, etc.
I. SWEEPING: To remove or clear away dirt or debris with a broom or brush. Normally all horizontal surfaces subject to foot or wheeled usage.
J. VACUUM: To clean with a vacuum cleaner. Vacuums with HEPA filters and agitating brushes are required. Regular emptying of collector device is important and proper setting of height above surface will improve effectiveness.
K. WASHING: The act or process of making thoroughly clean by moistening, wetting, scrubbing, rinsing, with water plus proper quantities of soap, detergents, and disinfectants as furnished for various objects and equipment.
L. WAXING: To cover or treat with liquid wax or other floor finish in proper quantities over properly prepared surfaces to protect and beautify the finish to an even high gloss shine. Any evidence of splashing must be removed from baseboards and furniture/fixtures/doors.
3. WORK STANDARDS
A. BUILDING ENTRANCES: All building entrances interior and exterior should appear neat, clean, safe, and free from litter, debris, and other types of soils at all times.
Hard floor surfaces should be swept, mopped, polished and shiny. Carpeted areas should be vacuumed and free from stains and other types of soils. For sites with multiple acc ess locations, all exterior access areas are considered building entrances.
B. ENTRY WINDOWS AND GLASS DOORS: Windows and frames, glass doors including sliding doors should be clean and free from finger prints, smudges, streaks, stains, and other forms of soils. All glass should be cleaned from floor to ceiling.
C. ENTRANCE MATS: All matting should be vacuumed and free from sand, dirt, moisture, and other types of soils Worn matting should be reported as soon as it shows signs of deterioration to City of Rocklin Building Maintenance Supervisor.
D. INTERIOR GLASS: Interior glass partitions and windows including frames should be clean and free from finger prints, smudges, streaks, stains, and other forms of soils.
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E. HALLWAYS - VINYL TILED FLOORS: All halls should b e swept, mopped and free of trash and dirt. Corners and edges should be clean without visible build -up of dirt or old floor finish. All entrance mats must be free of trash and dirt underneath.
Halls should shine with no hint of streaks or dust film.
F. OTHER HARD SURFACED FLOORS: Hard surfaced floors should be swept, damp mopped and free from sand or dirt and other types of soils. Surfaces should be polished and shiny at all times. Care should be taken to ensure that procedures for specialty floors are observed.
G. CARPETED HALLWAYS: Carpeting should be vacuumed, static free, and free from litter, debris and other types of soils.
H. STAIRWAYS: All interior and exterior stairways and landings should be swept, mopped, clean, and free from litter, debris, and other forms of accumulated soils at all times. There should be no traces of spills, stains, gum or sticky accumulations on stairways or railings.
I. COMMON AREAS: There should be no trace of spills, gum accumulations, stains, and other types of soils. Hard floor surfaces should be swept, mopped, polished and shiny. Carpeted areas should be vacuumed and free from stains and other types of soils.
J. CONCESSION AND VENDING MACHINE AREAS: Area should be neat, clean, and free from accumulated litter and soils at all times including underneath. There should be no trace of spills, ground-in food, or other types of soils. Hard floors should be swept, mopped and kept shiny and polished. Carpeted areas should be vacuumed and free from stains and accumulated soils.
K. ELEVATORS: Area should be neat, clean, odor-free, and free from accumulated litter and soils at all times. Stainless steel doors, frames, and control panels should be polished and free from streaks, smears, and finger prints. There should be no trace of spills, ground -in food, or other types of soils. Carpeted areas should be vacuumed and free from stains and accumulated soils.
L. RESTROOMS: All restroo ms should be neat, clean, odor free and free from litter and soils. All surfaces should be cleaned with a surface disinfectant. Fixtures should be polished and free from spots, streaks, and debris. Floors should be swept and mopped with a surface disinfec tant. Mirrors should be clean and free from spots, streaks or smears. Paper and soap dispensers should be full (with enough supply until the next servicing), and free from fingerprints, spots, streaks or smears.
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M. CONFERENCE ROOMS: All areas should appear neat, clean, well -organized and free from accumulated litter and soils at all times. There should be no trace of spills or other types of soils. Hard floor surfaces should be swept, mopped, shiny and polished. Carpeted areas should be vacuumed and free fr om stains and accumulated soils. Whiteboard trays should be clean and free from dust. Movable chairs and seating should be neatly aligned to their original position. Wood tables should be polished and free from finger prints and smudges.
N. CUSTODIAL AREAS: Area should appear neat, clean and well organized at all times.
The degree of cleanliness and orderliness should be the same as in any other area of the facility.
O. CUSTODIAL WET CLOSETS: Slop sink closets should appear neat, clean and well organized at all times. Areas should be free from litter, debris and clutter. The degree of cleanliness and orderliness should be the same as in any other area of work.
P. CUSTODIAL AND GENERAL STORAGE: All storage areas should appear neat, clean and well organized at all times. Areas should be free from litter, debris and clutter.
The degree of cleanliness and orderliness should be the same as in any other area of the facility. Safety Data Sheets for all chemicals in use must be available.
Q. LUNCH AND BREAK ROOMS: Area should be neat, clean and free from accumulated litter and soils at all times. There should be no trace of spills or other types of soils. Sinks and counter areas should be free of food and debris, cleaned with a surface sanitizer, and stainless-steel surfaces polished with an NSF certified stainless-steel polish. Hard floor surfaces should be swept, mopped, shiny and polished. Carpeted areas should be vacuumed and free from spills and accumulated soils. Eating surfaces should be sanitized. Paper and soap dispensers should be full and free from fingerprints, spots, streaks and smears.
R. AUDITORIUMS AND BANQUET STYLE ROOMS: Rooms should appear neat, clean and free from any litter or soils. These areas should be ready for use and activity at any time. All carpeted areas and upholstered furniture should be vacuumed and free from soils, spills and other debris. Hard floors should be swept, damp mopped and free from sand or dirt and other types of soils. The use of an auto scrubber or similar mechanical cleaning method is recommended for larger hard floors.
S. KITCHEN AREAS: Area should be neat, clean and free from accumulated litter and soils at all times. Sinks and dishwashing areas should be free of food and debris, cleaned with a surface sanitizer, and stainless-steel surfaces polished with an NSF certified stainless -steel polish. Counter tops should be free of food and debris, 508
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cleaned with a surface sanitizer, and stainless-steel surfaces polished with an NSF certified stainless-steel polish. Stainless steel appliances should be clean and free from finger prints, smudges, streaks, stains, and other forms of soils, and polished with an NSF certified stainless-steel polish. Floors should be swept, damp mopped and free from food, debris, and mopped using a degreasing product as necessary.
Paper and soap dispensers should be full and free from fingerprints, spots, streaks and smears.
T. SHOWER ROOMS: All shower facilities should appear neat, clean and free from litter and soils. All surfaces should be clean a nd disinfected. Shower stalls should be clean and free from molds and buildups from soaps and shampoo. Glass shower doors and frames should be cleaned with a surface disinfectant and clean and free from finger prints, smudges, streaks, stains, and other forms of soils.
U. GYM: Gym floor should be swept, damp mopped with a surface disinfectant, free from sand or dirt and other types of soils. Care should be taken to ensure that procedures for specialty floors are observed.
V. OFFICES: Office areas should appear neat, clean, and free from accumulated litter and soil. Hard floor surfaces should be swept, mopped, shiny and polished.
Carpeted areas should be vacuumed and free from spills and accumulated soils including under desks and work stations.
4.HOURS AND DAYS OF OPERATION / DUTIES AND FREQUENCY OF MAINTENANCE SERVICES
A. HOURS, DAYS, AND FREQUENCY OF OPERATION
The Provider is required to perform the following frequency of operations at each City facility detailed within the Janitorial Task Specification sheets incorporated herein. Hours of operation are to be between 10pm and 7am except for the Rocklin Event Center which is from 12am to 7am.
FACILITY
FREQUENCY OF
SERVICE
(PER WEEK)
SERVICE DAYS
City Hall
3970 Rocklin Road 5 Monday – Friday
Historic City Hall
3980 Rocklin Road 5 Monday – Friday
Police Station
4080 Rocklin Road 5 Monday – Friday
Fire Dept. Admin.
4060 Rocklin Road 5 Monday – Friday
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Corporation Yard
Complex
4081 Alvis Court
5 Monday – Friday
Community Center
5480 Fifth Street 7 Monday – Sunday
Parks and Recreation
5460 Fifth Street 7 Monday – Sunday
Train Station
3740 Rocklin Road 7 Monday – Sunday
Rocklin Event Center
2650 Sunset Blvd. 7 Monday – Sunday
B. DUTIES:
City Hall
3970 Rocklin Road
Weekly
Monthly
Quarterly
Semi
Annually
Annually
As Needed
17,000 sq.ft.
Functions
FLOORS
Carpets - Vacuum 5x
Vinyl/tile - Dust mop 5x
Vinyl/tile - Wet mop 5x
RESTROOMS
Clean fixtures and Mirrors 5x
Check/refill dispensers 5x
Clean drinking fountains and sinks 5x
Clean/wet mop floors 5x
KITCHENS
Clean fixtures 5x
Check/refill dispensers 5x
Clean drinking fountains and sinks 5x
Clean/wet mop floors 5x
WINDOWS
Clean entry areas 5x
LOBBY FURNITURE/COUNTERS
Wipe counter tops 5x
Clean, chairs, tables X
WASTEBASKETS
Empty trash & recycled paper baskets 5x
Change liners X
OUTSIDE (Porch Areas, Steps, Sidewalks)
Empty trash cans 3x
Sweep X
Clean around garbage containers X
Clean ashtrays 3x
STAIRWELLS
Sweep 3x
Mop X
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Historic City Hall Frequency
3980 Rocklin Road
Weekly
Monthly
Quarterly
Semi
Annually
Annually
As Needed
2023 sq.ft.
Functions
FLOORS
Carpets - Vacuum 5x
Vinyl/tile - Dust mop 5x
Vinyl/tile - Wet mop 5x
RESTROOMS
Clean fixtures and Mirrors 5x
Check/refill dispensers 5x
Clean drinking fountains and sinks 5x
Clean/wet mop floors 5x
KITCHENS
Clean fixtures 5x
Check/refill dispensers 5x
Clean drinking fountains and sinks 5x
Clean/wet mop floors 5x
WINDOWS
Clean entry areas 5X
LOBBY FURNITURE/COUNTERS
Dust/vacuum X
Clean, chairs, tables X
WASTEBASKETS
Empty trash & recycled paper baskets 5X
Change liners X
OUTSIDE (Porch Areas, Steps, Sidewalks)
Sweep X
STAIRWELLS (excludes basement stairwell)
Sweep and mop 5X
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Fire Department Administration Frequency
4060 Rocklin Road
Weekly
Monthly
Quarterly
Semi
Annually
Annually
As Needed
3400 sq.ft.
Functions
FLOORS
Carpets - Vacuum 5x
Vinyl/tile - Dust mop 5x
Vinyl/tile - Wet mop 5x
RESTROOMS
Clean fixtures and Mirrors 5x
Check/refill dispensers 5x
Clean drinking fountains and sinks 5x
Clean Shower 1x
Clean/wet mop floors 5x
KITCHEN/BREAKROOM
Clean fixtures 5x
Check/refill dispensers 5x
Clean drinking fountains and sinks 5x
Clean/wet mop floors 5x
WINDOWS
Clean entry areas 5X
LOBBY FURNITURE/COUNTERS
Dust/vacuum X
Clean, chairs, tables X
WASTEBASKETS
Empty trash & recycled paper baskets 5X
Change liners X
OUTSIDE (Porch Areas, Steps, Sidewalks)
Sweep X
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Train Station Frequency
3740 Rocklin Road
Weekly
Monthly
Quarterly
Semi
Annually
Annually
As Needed
700 sq.ft.
Functions
FLOORS
Stained Concrete - Dust mop 7x
Stained Concrete - Wet mop 7x
RESTROOMS
Clean fixtures 7x
Check/refill dispensers 7x
Clean drinking fountains and sinks 7x
Clean/wet mop floors 7x
WINDOWS
Clean entry areas 7x
Clean ground level windows 7x
WASTEBASKETS
Empty trash & recycled paper baskets 7x
Change liners 7x
OUTSIDE (Porch Areas, Steps, Sidewalks)
Empty trash cans 7x
Sweep X
Clean around garbage containers X
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Corporation Yard Complex Frequency
4081 Alvis Court
Weekly
Monthly
Quarterly
Semi
Annually
Annually
As Needed
19,000sq.ft.
Functions
FLOORS
Carpets - Vacuum 5x
Vinyl/tile - Dust mop 5x
Vinyl/tile - Wet mop 5x
RESTROOMS
Clean fixtures and Mirrors 5x
Check/refill dispensers 5x
Clean sinks and countertops 5x
Clean/wet mop floors 5x
LOCKER ROOMS
Clean showers 1x
KITCHENS
Clean fixtures 5x
Clean Countertops 5x
Check/refill dispensers 5x
Clean drinking fountains and sinks 5x
Clean/wet mop floors 5x
WINDOWS
Clean entry areas 5x
LOBBY FURNITURE/COUNTERS
Wipe counter tops 5x
Clean, chairs, tables X
WASTEBASKETS
Empty trash & recycled paper baskets 5x
Change liners X
OUTSIDE (Porch Areas, Steps, Sidewalks)
Sweep X
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Police Department Frequency
4870 Rocklin Road
Weekly
Monthly
Quarterly
Semi
Annually
Annually
As Needed
40,000 sq.ft.
Functions
FLOORS
Carpets - Vacuum 5x
Vinyl/tile - Dust mop 5x
Vinyl/tile - Wet mop 5x
RESTROOMS (Includes Locker Room Restrooms)
Clean fixtures and Mirrors 5x
Check/refill dispensers 5x
Clean drinking fountains and sinks 5x
Clean/wet mop floors 5x
LOCKER ROOMS
Clean showers 3x
GYM
Empty trash 5x
Rubber Flooring 5x
KITCHENS
Clean fixtures 5x
Check/refill dispensers 5x
Clean drinking fountains and sinks 5x
Clean/wet mop floors 5x
WINDOWS
Clean entry areas 5x
LOBBY FURNITURE/COUNTERS
Wipe counter tops 5x
Clean, chairs, tables X
WASTEBASKETS
Empty trash & recycled paper baskets 5x
Change liners X
OUTSIDE (Porch Areas, Steps, Sidewalks)
Empty trash cans 5x
Sweep X
Clean around garbage containers X
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Parks and Recreation Frequency
5460 5th Street
Weekly
Monthly
Quarterly
Semi
Annually
Annually
As Needed
5500 sq.ft.
Functions
FLOORS
Carpets - Vacuum 7x
Vinyl/tile - Dust mop 7x
Vinyl/tile - Wet mop 7x
Wood - Dust mop 7x
Wood - Mop 7x
RESTROOMS
Clean fixtures and Mirrors 7x
Check/refill dispensers 7x
Clean drinking fountains and sinks 7x
Clean/wet mop floors 7x
KITCHENS
Clean fixtures 7x
Check/refill dispensers 7x
Clean drinking fountains and sinks 7x
Clean/wet mop floors 7x
WINDOWS
Clean entry areas 7x
LOBBY FURNITURE/COUNTERS
Wipe counter tops 7x
Clean, chairs, tables X
WASTEBASKETS
Empty trash & recycled paper baskets 7x
Change liners X
OUTSIDE (Porch Areas, Steps, Sidewalks)
Empty trash cans 7x
Sweep X
Clean around garbage containers X
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Community Center Frequency
5480 5th Street
Weekly
Monthly
Quarterly
Semi
Annually
Annually
As Needed
3500 sq.ft.
Functions
FLOORS
Vinyl/tile - Dust mop 7x
Vinyl/tile - Wet mop 7x
Wood - Dust mop 7x
Wood - Mop 7x
RESTROOMS
Clean fixtures and Mirrors 7x
Check/refill dispensers 7x
Clean drinking fountains and sinks 7x
Clean/wet mop floors 7x
KITCHENS
Clean fixtures 7x
Check/refill dispensers 7x
Clean drinking fountains and sinks 7x
Clean/wet mop floors 7x
Clean/polish stainless 7x
WINDOWS
Clean ground level windows 7x
WASTEBASKETS
Empty trash & recycled paper baskets 7x
Change liners 7x
OUTSIDE (Porch Areas, Steps, Sidewalks)
Empty trash cans 7x
Sweep X
Clean around garbage containers X
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Rocklin Event Center Frequency
2650 Sunset Blvd.
Weekly
Monthly
Quarterly
Semi
Annually
Annually
As Needed
26,000sq.ft.
Functions
FLOORS
Carpets - Vacuum 7x
Vinyl/tile - Dust mop 7x
Vinyl/tile - Wet mop 7x
Wood - Dust mop 7x
Wood - Mop 7x
RESTROOMS
Clean fixtures and Mirrors 7x
Check/refill dispensers 7x
Clean drinking fountains and sinks 7x
Clean/wet mop floors 7x
BEVERAGE AND FOOD SERVICE ROOMS
Clean/polish stainless 7x
Clean fixtures 7x
Check/refill dispensers 7x
KITCHENS
Clean fixtures 7x
Check/refill dispensers 7x
Clean drinking fountains and sinks 7x
Clean/wet mop floors 7x
Clean/polish stainless 7x
WINDOWS
Clean entry areas 7x
WASTEBASKETS
Empty trash & recycled paper baskets 7x
Change liners 7x
OUTSIDE (Porch Areas, Steps, Sidewalks)
Empty trash cans 7x
Sweep X
Clean around garbage containers X
Empty ashtrays X
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5. PROVIDER EXPERIENCE
Provider represents it has and shall maintain the knowledge, training, expertise, ability, knowledge, and skill necessary to manage and perform the work required of this contract of this size.
6. INTERFERENCE
A. Provider shall conduct the work required in such ma nner as to cause the least amount of interference to the employees and renters.
B. Provider recognizes that, during the course of this Agreement, other activities and operations may be conducted by the City work forces and/or other contracted parties. Th ese activities may include, but not be limited to, disaster/emergency drills, disaster/emergency response, special events, and event rentals. Provider may be required to modify the weekly schedule and shall promptly comply with any request made by the Bui lding Maintenance Supervisor, Facilities Operations Superintendent or Public Services Manager.
7. DAMAGE/NON-PERFORMANCE
A. The work area covered under this contract will be evaluated on a regular basis by the City. Any damage identified will be noted and reviewed with the Provider at meetings to be scheduled by the City.
B. Any damage to the facility or furnishings due to Provider’s negligence during the performance of any provision of this agreement shall be the responsibility of the Provider. The City’s Facility Management team will determine who is responsible for such negligence.
C. Provider will have five (5) working days to repair, or make necessary arrangements for repair of any damages once Provider has been notified by the City’s Facility Management. Any time extension or deviation will require the coordination and approval of the Public Services Director. The damaged area will be restored to its original condition unless otherwise specified. Provider will notify the City in writing that the repairs and/or corrections have been completed no more than two (2) business days after they have been finished.
D. Non-performance by the Provider that results in City personnel performing work in preparation for Provider, or completing work required by this agreement that is Provider’s responsibility but was not timely performed, will result in the actual cost of City’s time and resources to perform such work being charged to the Provider. These costs will be deducted from the monthly invoice. 520
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E. Failure to perform as specified in the scope of work will be determined by the CIty.
Any inspection reports showing non -performance will be grounds for the recuperation of part or all of the monthly costs of the affected site from the Provider. The decision to apply the charges shall be at the sole discretion of the Public Services Director. This includes but is not limited to non -adherence to the approved cleaning schedule without the City’s approval.
8. SECURITY REQUIREMENTS
Confidentiality of activity and information maintained within City facilities is paramount. Persons having access to any facility of the City must be trained by Provider and shall agree not to access, obtain, or keep any confidential information confidential of the City . Disclosure of confidential information learned while inside the facility by a Provider’s employee to unauthorized persons may constitute a crime. Such disclosure will be reason to deny that employee access to the facility and may be reason to terminate the Contract for cause.
Any person assigned on behalf of the Provider to enter the facility shall submit to and pass a LiveScan background check prior to commencing work in the facility. In order to pass, personnel must be of good character, free of criminal as sociation, criminal convictions (minor violations may not disqualify, i.e.: common DUI), and free from recent drug use.
Rocklin Police station security requirements include an additional background investigation conducted by police staff as well as succe ssful completion of CLETS security awareness testing prior to working inside of the police station. All staff and supervisors that will be working within the police station are required to pass these security requirements prior to entering the facility.
Additional costs of the background investigation and CLETS testing to be determined by the Police department and City shall inform Provider in writing of such cost, which Provider agrees to promptly pay.
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522
523
524
525
City Council
Staff Report
Subject:
Utility Construction Cooperation and Reimbursement Agreement Date:
August 12, 2025
Submitted By:
Rick Lawrence, Public Works Manager
Justin Nartker, Public Works Director
Department:
Public Works
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Approving a Construction Cooperation and Reimbursement Agreement with South Placer Municipal Utility District (SPMUD) for Sewer Improvements During the Bluffs Subdivision Road Reconstruction Phase I Project and Authorizing the City Manager to Execute an Agreement with South Placer Municipal Utility District.
Background:
On May 27, 2025, the City Council adopted Resolution No. 2025-103, awarding the Bluffs Subdivision Road Reconstruction Phase I project (Project No. 74200) to All Phase Construction, Inc. This project involves the removal and replacement of deteriorated asphalt pavement within the Bluffs Subdivision to improve roadway safety and functionality.
As part of the project scope, utility facilities owned by the South Placer Municipal Utility District (SPMUD) must be relocated to accommodate the roadway improvements. SPMUD has requested that the City include the utility relocation work as part of the overall construction contract. SPMUD will reimburse the City for the actual cost of this work.
The total estimated cost for the utility relocation is $119,784.78. On July 8, 2025, SPMUD approved a Reimbursement Agreement (Attachment 2) in an amount not to exceed One Hundred Nineteen Thousand, Seven Hundred Eighty-Four Dollars and Seventy-Eight Cents ($119,784.78).
Fiscal Impact:
There is no fiscal impact to the staff recommendation; all associated construction work will be reimbursed by SPMUD.
Item Number C17.
ATTACHMENTS:
1. Resolution
2. Resolution Exhibit A - Agreement
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August 12, 2025 Page 1 of 1 Resolution No. 2025-
RESOLUTION NO. 2025-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
APPROVING THE CONSTRUCTION COOPERATION AND
REIMBURSEMENT AGREEMENT WITH SOUTH PLACER MUNICIPAL
UTILITY DISTRICT (SPMUD) FOR SEWER IMPROVEMENTS DURING THE
BLUFFS SUBDIVISION ROAD RECONSTRUCTION PHASE I PROJECT AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH
SOUTH PLACER MUNICIPAL UTILITY DISTRICT
WHEREAS, South Placer Municipal Utility District (SPMUD) has requested that the City include the necessary work on the sewe r infrastructure such as raising and installing manholes during the Bluffs Subdivision Road Reconstruction Phase I; and
WHEREAS, the estimated cost to perform the related work is $119,784.78; and
WHEREAS, there will be no fiscal impact to the City as all associated construction work will be reimbursed by SPMUD.
NOW, THEREFORE, t he City Council of the City of Rocklin does resolve as follows:
Section 1. The City Council Approves the Construction Cooperation and Reimbursement Agreement with SPMUD for sewer improvements during the construction of the Bluffs Subdivision Road Reconstruction Phase I Project estimated at $119,784.78.
Section 2. The City Manager is authorized to execute the Agreement with SPMUD in substantially the form attached hereto as Exhibit “A”.
Section 3. The City Manager is authorized to take any necessary fiscal actions, including budget and accounting transactions, to implement this reimbursement agreement in accordance with its terms and City policy.
PASSED AND ADOPTED this 12th day of August, 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
____________________________________
ATTEST: Jill Gayaldo, Mayor
____________________________
Avinta Singh, City Clerk
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City Council
Staff Report
Subject:
Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing and Approval of the Issuance of Revenue Bonds by the California Municipal Finance Authority for the Benefit of Rocklin 688, L.P.
Date:
August 12, 2025
Submitted By:
Megan Bressem, Management Analyst
Daniel Choe, Administrative Services Deputy Director
Department:
Administrative Services - Finance
Recommendation:
Conduct a Public Hearing and Consider the Following Action:
Adopt a Resolution of the City Council of the City of Rocklin Approving a Plan of Finance including the Issuance of Revenue Bonds by the California Municipal Finance Authority to Finance and Refinance a Qualified Residential Rental Project for the Benefit of Rocklin 688, L.P., and Certain Other Matters Relating Thereto.
Background:
California Municipal Financing Authority (CMFA)
State law provides the ability for cities and counties to join together under cooperative agreements to form joint powers authorities to issue tax-exempt and/or taxable debt obligations to fund projects that provide a municipal benefit and serve the needs of residents within the jurisdictions of the participating members. Federal law allows these obligations to be issued on a tax-exempt basis under certain circumstances. Cities and counties in California have the ability to act as issuers of conduit bonds and other obligations, but many jurisdictions utilize joint powers authorities such as CMFA, primarily for economies of scale and to access specialized transaction knowledge and resources.
The CMFA was created on January 1, 2004 pursuant to a joint exercise of powers agreement to promote economic, cultural and community development, through the financing of economic development and charitable activities throughout California. To date, over 350 municipalities have become members of CMFA. The City of Rocklin became a member of CMFA on December 21, 2017 (Resolution No. 2017-278).
Rocklin 688, L.P (Borrower)
The Borrower will be Rocklin 688, L.P., a California limited partnership, or another entity created by USA Properties Fund, Inc. or an affiliate for the purpose of owning the project. On behalf of the Borrower, USA Properties Fund, Inc., (the “Sponsor”), has requested that CMFA undertake a proposed plan of finance that includes the issuance and reissuance from time to Item Number PH1.
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time of one or more series of revenue bonds in an aggregate principal amount not to exceed $70,000,000 (the “Bonds”).
The Bonds are to finance and refinance the acquisition, construction, improvement and equipping of a 288-unit qualified multifamily residential rental facility for low-income households (the “Project”). The Project is to be owned and operated by the Borrower and located at 801 University Avenue within the City of Rocklin, California (the “City”). The Project was entitled by the City on August 24, 2021, known as "Terracina at Whitney Ranch" and construction was completed in 2024.
The financing for the Project involves the issuance of tax -exempt bonds and may be completed through CMFA if the City approves the financing. The purpose of this TEFRA hearing is to receive public comment and request approval of the financing, as required by the Internal Revenue Code of 1986, as amended. Bond Counsel in this transaction, Anzel Galvan LLP, has coordinated with the City Clerk to properly notice this public hearing and has assisted in the preparation of the resolution (Attachment 1) for approval.
The Bonds to be issued by the CMFA for the Project will be the sole responsibility of the Borrower, and the City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California, but are to be paid for solely from funds provided by the Borrower.
The issuance of the revenue bonds as tax-exempt will reduce financing costs and debt service costs for the Borrower. In order to satisfy the requirements for the bonds to be issued as tax- exempt, an applicable elected representative which is also a member of CMFA is required to conduct the TEFRA hearing and approve the issuance of the tax-exempt bonds in accordance with Section147(f) of the Code. The City Council of the City of Rocklin constitutes an applicable elected representative under Section 147(f) of the Code.
The City Council is being asked to adopt a resolution that would approve the issuance of tax- exempt and taxable revenue bonds by the CMFA, in one or more series, in a maximum aggregate principal amount of $70,000,000 (the “Bonds”) to finance and refinance the acquisition, construction, improvement and equipping of a 288-unit qualified multifamily residential rental facility project, to be owned and operated by the Borrower and located at 801 University Avenue within the City of Rocklin, California.
With respect to the issuance of the Bonds, outside of holding the TEFRA public hearing and adopting the required resolution, no other participation or activity of the City or the City Council will be required.
Environmental Analysis:
The approval of the Revenue Bonds to finance and refinance the Project is not subject to compliance with the California Environmental Quality Act (California Public Resources Code, Section 21100, et seq.).
Fiscal Impact:
The City has no responsibility for the tax-exempt status or the interest on the Revenue Bonds, the debt service on the Revenue Bonds or any other matter related to the Revenue Bonds.
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ATTACHMENTS:
1. Resolution
2. TEFRA Hearing Public Notice
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RESOLUTION NO. 2025-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
APPROVING A PLAN OF FINANCE INCLUDING THE ISSUANCE OF
REVENUE BONDS BY THE CALIFORNIA MUNICIPAL FINANCE
AUTHORITY TO FINANCE AND REFINANCE A QUALIFIED
RESIDENTIAL RENTAL PROJECT FOR THE BENEFIT OF ROCKLIN
688, L.P., AND CERTAIN OTHER MATTERS RELATING THERETO
WHEREAS, USA Properties Fund, Inc. (the “Sponsor”), on behalf of Rocklin 688, L.P., a California limited partnership, or another entity created by the Sponsor or an affiliate of the Sponsor for the purpose of owning the project described herein (such limited partnership or other entity being referred to herein as the “Borrower”) , has requested that the California Municipal Finance Authority (the “Authority”) undertake a proposed plan of finance that includes the issuance and reissuance from time to time of one or more series of revenue bonds in an aggregate principal amount not to exceed $70,000,000 (the “Bonds”) to finance and refinance the acquisition, construction, improvement and equipping of a 288-unit multifamily rental housing facility for low-income households (the “Project”), to be owned and operated by the Borrower and located at 801 University Avenue within the City of Rocklin, California (the “City”); and WHEREAS, an “applicable elected representative” of the jurisdiction in which the Project is to be located is required to approve the proposed plan of finance for the Project under Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”) ; and
WHEREAS, the City Council of the City of Rocklin, California (the “City Council”) is the elected legislative body of the City and is an “applicable elected representative” for purposes of Section 147(f) of the Code; and
WHEREAS, the Authority has requested that the City Council approve the proposed plan of finance in order to satisfy the public approval requirement of Section 147(f) of the Code and the requir ements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”), among certain local agencies, including the City; and WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the proposed plan of finance for the Project; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Rocklin, as follows:
Section 1. The foregoing recitals are true and correct.
Section 2. The City Council hereby approves the proposed plan of finance for the Project that includes the issuance and reissuance from time to time of one or more series 539