Agenda packet — Rocklin City Council, September 9, 2025 (part 1 of 2)

ROCKLIN CITY COUNCIL
City Council Regular Meeting
City Hall - Council Chambers
3970 Rocklin Rd. Rocklin, CA
95677
Website:
www.rocklin.ca.us
September
9, 2025
Closed Session 5:00 p.m.

General Session 6:00 p.m.

JILL GAYALDO,

Mayor

DAVID BASS,

Vice Mayor

KEN BROADWAY,

Council Member

BILL HALLDIN,

Council Member

GREG JANDA,

Council Member

ALY ZIMMERMANN,

City Manager

MATTHEW MCOMBER,

City Attorney

DANIEL CHOE,

City Treasurer

AVINTA SINGH,

City Clerk

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

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

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

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

LEVINE ACT PROVISIONS

The Levine Act requires a party (or the party’s agent(s)) to a proceeding before the City of Rocklin that
involves any action or consideration to their contract, license, permit, or other entitlement for use, to
disclose any campaign contribution made to a City elected or appointed officer (including Councilmembers, Planning Commissioners, and members of other City boards and commissions) totaling more than $500 within the 12 months before the City decision.

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

City Council Regular Meeting Agenda of September
9, 2025
1 CS1.

Pursuant to Government Code section 54957.6, Conference with Labor Negotiators, Agency Representatives: City Manager Aly Zimmermann, Director of Administrative Services Tameka Usher, and Jack Hughes; Employee Organizations: Rocklin Police Officers' Association and Rocklin Public Safety Managers
CS2.

Pursuant to Government Code Section 54957.6: Conference with Labor Negotiators, Agency Designated Representatives: Mayor Gayaldo and Council Member Halldin, Unrepresented Employee: City Manager

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

AGENDA

MEETING

INSTRUCTIONS
The public may listen to audio or view the meeting via live stream at https://www.rocklin.ca.us/agendas-minutes
.

For those that do not plan on attending in person, but wish to make a public comment during the meeting, public comments will be accepted in email form until 3:00 p.m. on the meeting day. Public comments should be submitted to the City Clerk at [email protected]
. Emailed public comments will be distributed to City Council and treated as a public record.

CALL TO ORDER

ROLL CALL

PUBLIC COMMENT ON CLOSED SESSION

CLOSED SESSION

REPORT OUT OF CLOSED SESSION

CALL GENERAL SESSION TO ORDER

PLEDGE OF ALLEGIANCE

AGENDA REVIEW

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

City Council Regular Meeting Agenda of September
9, 2025
2 C1.

Minutes of the August 26, 2025 Regular Meeting of the City Council C2.

Whitney Walk General Development Plan (Second Reading of Ordinance) C3.

Regional Housing Needs Allocation (RHNA) Inventory of Sites (Second Reading of Ordinance)
C4.

Arts Commission Revision of Appointment Terms
C5.

League of California Cities 2025 Annual Conference - Appointment of Voting Delegate
C6.

Updates to Affordable Housing Incentive Program
C7.

Legal Services Agreement with Liebert Cassidy Whitmore - First Amendment

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

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

Recommendation:

Approve the Minutes of the August 26, 2025 Regular Meeting of the City Council.

Recommendation:

Adopt an Ordinance of the City Council of the City of Rocklin Repealing Ordinance No. 1036 (Sunset Hills Townhomes General Development Plan) and Ordinance No. 1052 (South Whitney Mixed Use General Development Plan), and Adopting the Whitney Walk General Development Plan.

Recommendation:

Adopt an Ordinance of the City Council of the City of Rocklin Applying the Residential Minimum Density Overlay District to the Alternative Sites Identified for Inclusion in the City's Regional Housing Needs Allocation (RHNA) Inventory of Sites.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Making Revisions to the Appointment Terms of Arts Commissioners.

Recommendation:

Designate Vice Mayor Dave Bass as the Voting Delegate to the League of California Cities 2025 Annual Conference.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Repealing and Replacing Resolution No. 2024-039 for the Affordable Housing Incentive Program for Qualified Affordable Housing Developments.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving and Authorizing the City Attorney to Execute the First Amendment to the Legal Services Agreement with Liebert Cassidy Whitmore.

City Council Regular Meeting Agenda of September
9, 2025
3 C8.

Accounts Paid List - April to June 2025
C9.

CAL FIRE Local Responsibility Area Wildland Protection Reimbursement Agreement
C10.

Monument Park Shade Sail Installation Project Contract and Budget Appropriation for Two Shade Sail Projects
C11.

Homeland Security Grant Program-Urban Areas Security Initiative (UASI) - Grant Subaward
C12.

Various Roadway and Pedestrian Improvements Project - Notice of Completion C13.

Police Department HVAC & Roof Replacement – Notice of Completion C14.

Electric Vehicle Purchases

Recommendation:

Receive the Accounts Paid List for April 1, 2025 to June 30, 2025.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Authorizing the City Manager to Execute a Cooperative Fire Programs Local Responsibility Area Wildland Protection Reimbursement Agreement with the California Department of Forestry and Fire Protection (CAL FIRE) and Related Budget Amendments.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Awarding the Contract for the Monument Park Shade Sail Installation to Miracle Playsystems, Inc., Authorizing the City Manager to Execute the Contract, and Authorizing a Budget Appropriation.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving and Authorizing the City Manager to Execute Subawardee Grant Agreements with the City of Sacramento Accepting the Terms and Subaward of the 2024 Homeland Security Grant Program Urban Areas Security Initiative.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Accepting the Public Work Known as the Various Roadway and Pedestrian Improvements Project, Approving the Notice of Completion, and Authorizing and Directing the Execution and Recordation of Said Notice on Behalf of the City.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Accepting the Public Work Known as the Police Department HVAC & Roof Replacement, Approving the Notice of Completion Thereof, and Authorizing and Directing the Execution and Recordation of Said Notice on Behalf of the City (CNW Construction, Inc.).

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Authorizing the Purchase of Two (2) 2026 Chevrolet Silverado Electric 4WT Trucks from Winner Chevrolet and Authorizing the City Manager to Purchase the Vehicles.

City Council Regular Meeting Agenda of September
9, 2025
4 PH1.
2024 Consolidated Annual Performance and Evaluation Report (CAPER) D1.

Proposition 50 (Congressional Redistricting)

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

Recommendation:

Conduct a Public Hearing and Consider the Following Action:

Adopt a Resolution of the City Council of the City of Rocklin Authorizing Staff to Submit the 2024 Consolidated Annual Performance and Evaluation Report (CAPER) and Authorizing the City Manager to Execute and File All Documents Required for Submittal to the U.S. Department of Housing and Urban Development (HUD).

DISCUSSION ITEMS

Recommendation:

Discuss Proposition 50 (Congressional Redistricting), which is set to appear on the November 4, 2025 Statewide Special Election Ballot, and Provide Direction to Staff.

FUTURE AGENDA ITEMS

ADJOURNMENT
City Council Regular Meeting Agenda of September
9, 2025
5 City Council
Staff Report

Subject:

Minutes of the August 26, 2025 Regular Meeting of the City Council Date:

September
9, 2025
Submitted By:

Avinta Singh, City Clerk
Department:

City Clerk's Office
Recommendation:

Approve the Minutes of the August 26, 2025 Regular Meeting of the City Council.

Item Number C1.

ATTACHMENTS:

1. Draft City Council Meeting Minutes of August 26, 2025 6 DRAFT Meeting Minutes of August 26, 2025 Rocklin City Council 1 | P a g e

ROCKLIN CITY COUNCIL

City Council Regular Meeting
City Hall – Council Chambers
3970 Rocklin Rd. Rocklin, CA 95677
Website: www.rocklin.ca.us

August 26, 2025
Closed Session 5:30 p.m.

General Session 6:00 p.m.

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

MEETING MINUTES
-DRAFT-

CALL TO ORDER

Mayor Gayaldo called the meeting to order at 5:30 p.m.

ROLL CALL

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

Absent: None

PUBLIC CLOMMENT ON CLOSED SESSION

There were none.

Members of the City Council left the Council Chambers and convened Closed Session at 5:31 p.m.

CLOSED SESSION

CS1. Pursuant to Government Code Section 54956.9(d)(1), Conference with Legal Counsel, Existing Litigation, Constance Parks v. City of Rocklin, Placer County Superior Court Case NO. S-CV-0052491

CS2. Pursuant to Government Code Section 54956.8: Conferences with Real Property Negotiators -- Acquisition of Rights of Way for the Rocklin Road/Interstate 80 Interchange Project
7 DRAFT Meeting Minutes of August 26, 2025 Rocklin City Council 2 | P a g e

Agency Negotiator for Each Identified Property: Aly Zimmermann, City Manager.

Properties and Respective Property’s Negotiating Parties: 4400 Rocklin Road, Grewal Enterprises Rocklin LLC; 4410 Rocklin Road, Jair Jack TR; 4450 Rocklin Road, Sani Ranvir Singh & Kaur Jasveer TTEE; 4470 Rocklin Road, Heritage Inn Rocklin LLC; 4480 Rocklin Road, Heritage Inn Rocklin LLC; 4805 Granite Drive, Safeway Inc.

Sublessee; 4877 Granite Drive, R Henry Properties LLC; 4500 Rocklin Road, Johl Petroleum Inc.; 4555 Rocklin Road, AV Investments, Inc.; 4460 Rocklin Road, Boroski & Borowski Three, LLC.

Under Negotiation: Price, Terms of Payment, or Both.

Members of the City Council returned to the Council Chambers at 6:05 p.m.

REPORT OUT OF CLOSED SESSION

There was no reportable action.

CALL GENERAL SESSION TO ORDER

Mayor Gayaldo called the meeting to order at 6:05 p.m.

PLEDGE OF ALLEGIANCE

Mayor Gayaldo led the pledge of allegiance.

ROLL CALL

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

Absent: None

AGENDA REVIEW

There were no changes to the agenda.

CITIZENS ADDRESSING THE CITY COUNCIL

Placer County Board of Supervisor Anthony DeMattei shared that county services will be expanding in West Placer and that the West Oaks County Center in the City of Rocklin will include a regional office for himself as well as a new Sheriff’s Office.

REPORTS FROM CITY COUNCIL AND CITY MANAGER

Council Member Broadway reported attend ance at the ribbon cutting ceremo ny for the Keaton’s Child Cancer Alliance’s new location in Roseville; attended the kickoff session for the Chamber of Commerce’s Leadership Rocklin class; and attended the ribbon cutting 8 DRAFT Meeting Minutes of August 26, 2025 Rocklin City Council 3 | P a g e

ceremony along with City Manager Aly Zimmermann for the new Sutter Health Urgent Care center in the Rocklin Commons.

Vice Mayor Bass participated in a meeting for Mayors and Vice Mayors with neighboring cities including Roseville and Lincoln about shared regional interests ; and participated in a meeting with the Rocklin Unified School District’s Board of Trustees.

Council Member Halldin shared that he and Mayor Gayaldo attended the India Day celebration held at Jessup University; and met with residents over coffee at the Placer Roasting Company along with Vice Mayor Bass.

Mayor Gayaldo appreciated attending the India Day celebration to learn about the culture; attended a Girls State event recognizing Rocklin High School student Isabella Zhang; reported attendance at the groundbreaking event for Sacramento Republic FC stadium; attended a meeting of the Placer Mosquito and Vector Control District; attended a board meeting for the Placer County Law Enforc ement Chaplaincy and shared an upcoming barbeque fundraising event; shared that she and Assistant City Manager Andrew Keys met with members of the Shriners Hospital for Children; attended a meeting at the State Capitol for the Victim’s Alliance Impact Grou p along with district attorney’s throughout the state; attended the kickoff event for the Rocklin FC soccer club held at Johnson -Springview Park; attended the swearing -in ceremony for two new Rocklin police officers; and shared an upcoming conference for the Spanish Hawaiian Heritage Association to be held at UC Davis.

CONSENT CALENDAR

C1. Minutes of the August 12, 2025 Regular Meeting of the City Council Action: Approved the Minutes of the August 12, 2025 Regular Meeting of the City Council.

C2. Proclamation Recognizing Chris May
Action: Approved a Proclamation Recognizing Chris May and Designating the Mayor to Sign the Proclamation on Behalf of the City Council.

C3. City of Rocklin, Pioneer Community Energy and Energy Mission Control dba FuSE Carbon Technologies Memorandum of Understanding
Action: Adopted Resolution No. 2025-177 of the City Council of the City of Rocklin approving the Memorandum of Understanding between the City and Pioneer Community Energy for Low Carbon Fuel Standard program services to be administered by Energy Mission Control dba FuSE Carbon Technologies.

C4. Response to 2024-25 Grand Jury Report: Conflict of Interest Code, Form 700, Ethics Training Compliance
Action: Adopted Resolution No. 2025-178 of the City Council of the City of Rocklin Authorizing the Mayor to Execute the Response to the 2024-25 Grand Jury Final Report on Behalf of the City of Rocklin.

9 DRAFT Meeting Minutes of August 26, 2025 Rocklin City Council 4 | P a g e

C5. Jones Hall Legal Services Agreement
Action: Adopted Resolution No. 2025-179 of the City Council of the City of Rocklin Approving the Agreement for Legal Services with Jones Hall, a Professional Law Corporation, and Authorizing the City Attorney to Execute the Agreement.

C6. Various Personnel Items
Action:

A. Adopted Resolution No. 2025-180 of the City Council of the City of Rocklin Fixing the Employer Contribution Under the Public Employees’ Medical and Hospital Care Act at an Equal Amount for Employees and Annuitants.

B. Adopted Resolution No. 2025-181 of the City Council of the City of Rocklin to Approve Amendments to the Rules, Regulations, Benefits, and Policies Related to Employee Relations Between the Management, Confidential, and Unrepresented Employees and the City and Repeal Resolution No. 2024- 272.

C. Adopted Resolution No. 2025 -182 of the City Council of the City of Rocklin Authorizing the City Manager to Overfill Allocated Positions within the Fire and Police Departments

C7. Cooperative Purchase Agreements for Fiscal Year 2025/26 - Repeal and Replace Resolution No. 2025-126
Action: Adopted Resolution No. 2025-183 of the City Council of the City of Rocklin Repealing Resolution No. 2025 -126 and Authorizing the City Manager to Purchase Goods and Services through Cooperative Purchase Agreements for Fiscal Year 2025/26.

C8. Adoption of Policy Implementing SB 937 Fee Deferral Requirements Action: Adopted Resolution No. 2025-184 of the City Council of the City of Rocklin Adopting a Policy for Implementation of SB 937 and Authorizing the City Manager to Develop a Program Consistent with the Requirements of SB 937, Update Processes, and Take All Other Actions Necessary to be Compliant with the Requirements of SB 937.

C9. 2024 Homeland Security Grant Program - Award of Grants Action: Adopted Resolution No. 2025 -185 Approving and Authorizing the City Manager to Execute Subawardee Grant Agreements with the County of Placer Accepting the Terms and Awards of the 2024 Homeland Security Grant Program.

C10. Memorial Park Play Structure Replacement - Amendment No. 1 and Notice of Completion
Action:

A. Adopted Resolution No. 2025-186 of the City Council of the City of Rocklin Approving Amendment No. 1 to the Construction Contract with Miracle Playsystems, Inc. and Authorizing the City Manager to Execute Amendment No. 1 and Approving a Budget Transfer.

B. Adopted Resolution No. 2025-187 of the City Co uncil of the City of Rocklin Accepting the Public Work Known as the Memorial Park Play Structure Replacement, Approving the Notice of Completion Thereof, and Authorizing 10 DRAFT Meeting Minutes of August 26, 2025 Rocklin City Council 5 | P a g e

and Directing the Execution and Recordation of Said Notice on Behalf of the City (Miracle Playsystems, Inc.).

C11. Corporation Yard Shop Roof Restoration and Gutter Replacement – Notice of Completion
Action: Adopted Resolution No. 2025-188 of the City Council of the City of Rocklin Accepting the Public Work Known as the Corporation Y ard Shop Roof Restoration and Gutter Replacement, Approving the Notice of Completion Thereof, and Authorizing and Directing the Execution and Recordation of Said Notice on Behalf of the City (United Building Contractors, Inc.).

C12. Bluffs Subdivision ADA Ramps Phase 2 – Notice of Completion Action: Adopted Resolution No. 2025-189 of the City Council of the City of Rocklin Accepting the Public Work Known as the Bluffs Subdivision ADA Ramps Phase 2, Approving the Notice of Completion Thereof, and Authoriz ing and Directing the Execution and Recordation of Said Notice on Behalf of the City (Hyatt Contracting, Inc.).

PUBLIC COMMENT

There were none.

Motion to approve Consent Calendar Item Nos. C1 through C12, by Council Member Broadway, seconded by Vice Mayor Bass. Passed by the following vote:

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

Absent: None
Abstain: None

PRESENTATIONS

P1. Summer Civic Career Program (SCCP) Presentation

Management Analyst Elise Hardy provided an overview of the 2025 Summer Civic Career Program and announced the design winner for next year’s t -shirt was Kaitlyn Lynch.

Council Member Broadway expressed his appreciation to Rachel Lund, the Rocklin Educational Excellence Foundation board, and City staff for providing an o pportunity to students through the program to directly engage with the City and learn more about civics; shared words of encouragement with student participants and thanked their parents.

Mayor Gayaldo invited RUSD S uperintendent Roger Stock to help present student participants with certificates and scholarship checks.
11 DRAFT Meeting Minutes of August 26, 2025 Rocklin City Council 6 | P a g e

P2. Proclamation Recognizing Chris May

Mayor Gayaldo presente d the proclamation to Chris May for his leadership and dedication as President of Rocklin Little League.

The City Council took a recess at 6:37 p.m. and returned at 6:47 p.m.

PUBLIC HEARINGS

PH1. 2021-2029 Housing Element Program 10 - Alternative Sites / General Plan Amendments, GPA2025-0001 and GPA2024-0001; Rezone, Z2025-0001; Environmental Review, ENV2025-0009

Mayor Gayaldo opened the public hearing for item PH1.

Principal Planner Nathan Anderson presented the item to the City Council; requested that the City Council approve the project as recommended by staff and the Planning Commission, and noted there was a Blue Memo addressing the following points:
public correspondence received since publication of the agenda packet, additional housing direction received from Housing and Community Development (HCD), agreement received from HCD for modifying Program 10 remo ving acreage requirements and use of unit totals for demonstrating compliance, and changes to the available sites inventory.

City Council comments and discussion ensued and City staff answered questions.

Public Comment

The following speakers addressed the City Council speaking about the 2021-2029 Housing Element Program 10 Inventory of Sites for housing/rezone , including the following sites: 1-13, 1-18; 1-19, 1-20, 1-21.

Ms. Teresa Presel
Mr. Matthew Dillon
Ms. Gabriele Windgasse
Mr. Richard Schultz
Mr. Michael Williams
Ms. Bre Moebius
Mr. Morris Daggett
Ms. Kelly Forrest
Ms. Kathy Flure
Mr. Tom Palmertree
Ms. Nancy Druin
Mr. William Mitchell
Ms. Brent Boothby
Mr. Todd Winslow
Mr. Cameron Goetz
Ms. Katie Brabond Clouse

Public Hearings may be reordered by the Mayor with the consent of the legislative body. 12 DRAFT Meeting Minutes of August 26, 2025 Rocklin City Council 7 | P a g e

The City Council took a recess at 9:07 p.m. and returned at 9:16 p.m.

Ms. Dannon McElroy
Ms. Erica Merris
Mr. Ryan O’Connor
Nicholas O’Connor
Ms. Kate Livengood
Ms. Kirstie Strelo
Mr. Chris Janzen
Ms. Allegra Hakim
Mr. Benjamin Bjorkman
Ms. Tina Carey
Ms. Keri Sheldon
Ms. Lorinda Odell

Public Comment via Zoom

Ms. Emilie Costan
Ms. Eileen Pietz

City Council comments and discussion continued.

Due to the City Council meeting approaching 11 p.m. and per the City Council Procedural Rules for extending the time of adjournment for hearings in progress, Council Member Broadway made a motion to ext end the length of the meeting, seconded by Vice Mayor Bass. Passed by the following vote:

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

Absent: None
Abstain: None

Action: Conducted a Public Hearing and Considered the Following Actions:

A. Adopted Resolution No. 2025 -190 of the City Council of the City of Rocklin Approving an August 2025 Addendum to the 2012 General Plan Environmental Impact Report and a Statutory Exemption for the 2021-2029 Housing Element Program 10 – Alternative Sites for Inclusion in the Approved Inventory of Sites for the Regional Housing Needs Allocation (RHNA) Project (2021 -2029 Housing Element Program 10 – Alternative Sites / ENV2025-0009).

Motion to approve Public Hearing Item No. PH1.A by Council Member Broadway, seconded by Council Member Halldin. Passed by the following vote:

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

Absent: None
Abstain: None

B. Adopted Resolution No. 2025-191 of the City Council of the City of Rocklin 13 DRAFT Meeting Minutes of August 26, 2025 Rocklin City Council 8 | P a g e

Approving a General Plan Amendment for the 2021 -2029 Housing Element Program 10 – Alternative Sites for Inclusion in the Approved Inventory of Sites for the Regional Housing Needs Allocation (RHNA) Project and th e Rocklin West Annexation Project (2021 -2029 Housing Element Program 10 – Alternative Sites / GPA2025 -0001 and Rocklin West Annexation / GPA2024- 0001).

Motion to approve Public Hearing Item No. PH1.B by Council Member Broadway with the changes as recommended in the Blue Memo ; removal of the following vacant residential sites: 1-18 (4099 Yankee Hill Road), 1-19 ( east of terminus of Jaybird Place), 1 -20 (College Park), and 1 -21 (west of train at Willard Way); and modifying site 1-10 (south of Schriber Way and Lakepointe) from lower income to moderate income RHNA. The motion was seconded by Council Member Janda.

Council Member Halldin requested removal of site 1 -13 (1800 Wildcat Blvd.) due to the impact of the proposed zoning amendment from business professional to mixed use. Vice Mayor Bass underscored the context of the current zoning as requiring commercial and did not agree with HCD’s view of this.

Council Member Halldin made a substitute motion to add site 1-13 to the list of properties to be removed from the available RHNA sites, as previously stated in Council Member Broadway’s motion; the motion was seconded by Vice Mayor Bass.

Council Member Broadway made a substitute motion to re-add site 1-13 to the list of available sites to accommodate lower income RHNA which reverted the motion back to the original motion, seconded by Council Member Janda. The motion passed with the following roll call vote:

Ayes: Councilmembers Broadway, Janda
Mayor Gayaldo
Noes: Council Member Halldin
Vice Mayor Bass

Absent: None
Abstain: None

C. Introduced, Waived the Full Reading and Read by Title Only, an Ordinance of the City Council of the City of Rocklin Applying the Residential Minimum Density Overlay District to the Alternative Sites Identified for Inclusion in the City’s Regional Housing Needs Allocation (RHNA) Inventory of Sites (2021 - 2029 Housing Element Program 10 – Alternative Sites / Z2025-0001).

14 DRAFT Meeting Minutes of August 26, 2025 Rocklin City Council 9 | P a g e

Motion to approve Public Hearing Item No. PH1.C by Council Member Broadway including the modifications approved per Public Hearing Item PH1.B, seconded by Council Member Janda. The motion passed with the following roll call vote:

Ayes: Councilmembers Bass, Broadway, Janda
Mayor Gayaldo
Noes: Council Member Halldin

Absent: None
Abstain: None

FUTURE AGENDA ITEMS

Council Member Halldin requested an information item in the future for the Oak and Pine project providing an opportunity for public comment. City Manager Zimmermann shared that there will be an item coming before the City Council at a future meeting date for consideration of an amendment to the disposition development agreement.

Council Member Halldin requested future discussion to provide direction to staff to look into more properties for RHNA sites.

Vice Mayor Bass requested future discussion of the impacts of state level redistricting.

ADJOURNMENT

Mayor Gayaldo adjourned the meeting at 11:23 p.m.

_______________________________
Jill Gayaldo, Mayor

This is to certify that the foregoing is a true
and correct copy of the minutes of August 26,
2025 as approved by the Rocklin City Council.

_______________________________
Avinta Singh, City Clerk

15 City Council
Staff Report

Subject:

Whitney Walk General Development Plan (Second Reading of Ordinance)
Date:

September
9, 2025
Submitted By:

Avinta Singh, City Clerk
Department:

City Clerk's Office
Recommendation:

Background:

On August 12, 2025, the City Council introduced, waived the full reading, and read by title only the following: An
Ordinance of the City Council of the City of Rocklin Repealing Ordinance No. 1036 (Sunset Hills Townhomes General Development Plan) and Ordinance No. 1052 (South Whitney Mixed Use General Development Plan), and Adopting the Whitney Walk General Development Plan.

The background materials for this item are contained in the August 12, 2025 City Council
Meeting Staff Report,

located on the City's website.

Item Number C2.

ATTACHMENTS:

1. Ordinance

2. Ordinance Exhibit A

3. Ordinance Exhibit B
16

Page 1 of 3 ends

Ordinance No. XXXX
ORDINANCE NO. XXXX

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKLIN REPEALING ORDINANCE NO. 1036 (SUNSET HILLS TOWNHOMES GENERAL DEVELOPMENT PLAN) AND ORDINANCE NO. 1052 (SOUTH WHITNEY MIXED USE GENERAL

DEVELOPMENT PLAN), AND ADOPTING THE WHITNEY WALK GENERAL

DEVELOPMENT PLAN

(Whitney Walk Residential / PDG2024-0002)

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

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

A. The City Council of the City of Rocklin approved the Sunset Hills Townhomes General Development Plan (GDP) on June 9, 2015 (Ordinance No. 1036) and the South Whitney Mixed Use General Development Plan (GDP) on June 28, 2016 (Ordinance No. 1052).

B. Since the approval of the above-mentioned GDPs in 2015 and 2016, the property ownership has changed and the current property owner has submitted planning entitlements for the development of the Whitney Walk Residential project, to allow for the development of three parcels with 170 single-family units on 12.85± acres. A portion of one of the subject parcels is located within the South Whitney Mixed Use GDP area. The rest of the project is located in the Sunset Hills Townhomes GDP area.

C. To allow for the proposed Whitney Walk Residential project to proceed, the applicant is requesting that the City Council repeal the ordinance that established the current Sunset Hills Townhomes GDP (Ordinance No. 1036), repeal the ordinance that established the South Whitney Mixed Use GDP (Ordinance No. 1052), and adopt the Whitney Walk General Development Plan (PDG2024-0002), which would include Assessor’s Parcel Numbers (APNs) 016-210-011-000 and 016-240-044-000, and a portion of APN 016-240-039-000 (approximately 1.6 acres) (Exhibit A).

D. The adoption of the proposed general development plan would not create serious health problems or create nuisances on properties in the vicinity. The proposal would allow for the combined and uniform development of these properties.

E. The proposed general development plan would not impact housing density on the affected parcels as the required density would remain the same.

F. The proposed general development plan is compatible with the land uses existing and permitted on the properties in the vicinity, as the properties are surrounded by single-family, multi-family, open space, and retail commercial development.

Page 2 of 3 ends

Ordinance No. XXXX
Section 2. The City Council enacts this Ordinance under the authority granted to cities by Article XI, Section 7 of the California Constitution.

Section 3. The Sunset Hills General Development Plan (Ordinance No, 1036) and the South Whitney Mixed Use General Development Plan (Ordinance No. 1052) are hereby repealed, and the Whitney Walk General Development Plan (PDG2024-0002) is adopted in a form substantively similar to Exhibit B, attached hereto and incorporated by reference herein.

Section 4. If any section, sub-section, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have adopted the Ordinance and each section, sub-section, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.

Section 5. The Whitney Walk Residential Project Initial Study/Addendum, prepared pursuant to Section 15164 of the California Environmental Quality Act (“CEQA”) Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, verified that the project will have no impacts beyond those identified in the Sunset Hills Townhomes and South Whitney Mixed-Use Initial Studies/Mitigated Negative Declarations and therefore has been approved via City Council Resolution No. 2025-172.

Section 6. This ordinance shall take effect thirty (30) days after the day of its adoption.

Section 7. Within 15 days of passage of this Ordinance, the City Clerk shall cause the full text of the ordinance, a summary of the Ordinance, or an advertisement of the Ordinance to be published in a newspaper of general circulation, with the names of those City Councilmembers voting for and against the Ordinance, in accordance with Government Code section 36933.

INTRODUCED at a regular meeting of the City Council of the City of Rocklin held on August 12, 2025, by the following vote:

AYES: Councilmembers: Bass, Broadway, Gayaldo, Halldin, Janda

NOES: None

ABSENT: None

ABSTAIN: None

Page 3 of 3 ends

Ordinance No. XXXX

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Rocklin held on September 9, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

__________________________________
Jill Gayaldo, Mayor

ATTEST:

___________________________
Avinta Singh, City Clerk

First Reading: 08.12.2025
Second Reading: 09.09.2025
Effective Date: 10.09.2025
19

Page 1 ends

To Ordinance No. XXXX

EXHIBIT A

Whitney Walk Residential (PDG2024-0002)
General Development Plan Map
20

Page 1 ends

To Ordinance No. XXXX

EXHIBIT B

Whitney Walk Residential (PDG2024-0002)
General Development Plan Text

21 22

Page 1 ends

Ordinance No. XXXX

EXHIBIT
Ordinance No. ____
Whitney Walk General Development Plan
PDG-2024-0002

PURPOSE
The Whitney Walk project area, generally located at the south of Sunset Boulevard, and east and west of South Whitney Boulevard, is a single-family residential development adjacent to existing multi-family residential development, and near existing single-family and commercial development.

This General Development Plan is established per the provisions of Rocklin Municipal Code Chapter 17.60 PD Zone. Compatibility of this development with the surrounding residential and commercial projects is addressed by establishing design standards deemed to be compatible or potentially compatible with surrounding development.

1. MAP
Map indicating the area included in the Whitney Walk General Development Plan, PDG2024-002.

2. INTERPRETATION
All provisions and definitions of the Rocklin Municipal Code (RMC) shall apply to this project unless otherwise specified in this General Development 23

Page 2 ends

Ordinance No. XXXX
Plan. Whenever there is a conflict between Title 17 of the RMC and this General Development Plan, the provisions of the General Development Plan shall prevail.

3. ZONING DISTRICTS
The following zoning districts are designated in the Whitney Walk General Development Plan area:

PD-R High-Density Residential Development, minimum of 15.5 dwelling units per acre.

Purpose: To provide areas for high-density residential development, conveniently located near commercial uses, employment centers, arterial and collector streets and other intensive uses.

4. ALLOWED USES
A. Permitted Uses – The following uses are permitted in the PD-R zone:
i) Apartments, townhouses, condominiums (for
residential use, including cluster developments)
ii) Accessory structures and uses (subject to regulations in Zoning Ordinance Chapter 17.08.090 and

17.08.100)
iii) Duplexes, triplexes, subject to regulations in Chapter

17.38. iv) Single-family attached residence.
v) Single-family detached residence.

B. Conditional Uses – The following uses are permitted in the PD-R zone subject to the issuance of a conditional use permit:
i) Rest homes
ii) Community care facilities, day care center, or
residential facilities

5. RESIDENTIAL DEVELOPMENT STANDARDS

DETACHED SINGLE-FAMILY RESIDENTIAL
Minimum Lot Area
1,885 square feet
Minimum Lot Width 29 feet
Principal Structure Building Setbacks
Front
Side
Rear
10 feet
0 feet / 3.5 feet
3 feet
Maximum Lot Coverage 70%
Maximum Building Height
Principal 35 feet
With Use Permit 50 feet
Accessory 20 feet
24

Page 3 ends

Ordinance No. XXXX

ATTACHED SINGLE-FAMILY RESIDENTIAL
Minimum Lot Area 1,027 sf
Minimum Lot Width 18.5 feet
Principal Structure Building Setbacks
Front
Side
Rear
8 feet
0 feet /3.5 feet
3 feet
Maximum Lot Coverage 75%
Maximum Building Height
Principal 40 feet
With Use Permit 50 feet
Accessory 20 feet

6. PARKING STANDARDS
Single-family dwellings (attached and detached) on individual lots shall provide a minimum of two (2) paved parking spaces per dwelling unit, which shall be located within the buildable portion of the lot, excluding all required front, side and rear yard setbacks.

The required two (2) parking spaces per unit shall be provided as follows:

A two-car garage of at least four hundred (400) square feet in area shall be provided.
25 City Council
Staff Report

Subject:

Regional Housing Needs Allocation (RHNA) Inventory of Sites (Second Reading of Ordinance)
Date:

September
9, 2025
Submitted By:

Avinta Singh, City Clerk
Department:

City Clerk's Office
Recommendation:

Background:

On August 26, 2025, the City Council introduced, waived the full reading, and read by title only, an Ordinance of the City Council of the City of Rocklin Applying the Residential Minimum
Density Overlay District to the Alternative Sites Identified for Inclusion in the City's Regional Housing Needs Allocation (RHNA) Inventory of Sites, subject to the following changes as approved by the City Council on August 26, 2025:

1 .

Remove Site 1-18, located at 4099 Yankee Hill Road; Assessor’s Parcel Number (APN) 045-011-001, from the Alternative Sites to Accommodate Moderate Income RHNA inventory.
2 .

Remove a portion of Site 1-19, located East of the terminus of Jaybird Place; APN 045- 011-012, from the Alternative Sites to Accommodate Moderate Income RHNA inventory. 3 .

Remove Site 1-20, located at College Park; APN 045-150-070, from the Alternative Sites to Accommodate Moderate Income RHNA inventory.
4 .

Remove Site 1-21, located West of train at Willard Way; APN 010-191-004, from the Alternative Sites to Accommodate Moderate Income RHNA inventory. 5 .

Modify Site 1-10, located South of Schriber Way and Lakepointe; APNs 045-053-039 and -044, to move the site from the Alternative Sites to Accommodate Low Income RHNA inventory to the Alternative Sites to Accommodate Moderate Income RHNA inventory.

The background materials for this item are contained in the August 26, City Council Meeting
Staff Report,
located on the City's website.

Item Number C3.

ATTACHMENTS:

1. Ordinance
26 2. Ordinance Exhibit A - Zoning Map Amendments

3. Ordinance Exhibit B - Zoning Table Amendments
27 ORDINANCE NO. _________

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

APPLYING THE RESIDENTIAL MINIMUM DENSITY OVERLAY DISTRICT TO THE ALTERNATIVE SITES IDENTIFIED FOR INCLUSION IN THE CITY’S

REGIONAL HOUSING NEEDS ALLOCATION (RHNA) INVENTORY OF SITES

WHEREAS, t he proposed Ordinance would apply the Residential Minimum Density Overlay (RMDO) Overlay to the Alternative Sites identified for inclusion in the Regional Housing Needs Assessment (RHNA) inventory of sites.

WHEREAS, the proposed Zoning amendment is consistent with and implements the policies of the City of Rocklin's General Plan, including the Housing Element. To accommodate RHNA obligations, the City must maintain an adequate number of parcels with the development potential and correct land use and zoning designations to support high-and medium -density housing developments, in addition to the traditional single - family residential housing developments. The proposed Ordinance would help to facilitate these requirements.

WHEREAS, Program 10 of the Housing Element requires the City to rezone and amend General Plan land use designations to apply a General Plan land use designation with the density, size, and location r equirements to accommodate the City’s RHNA obligations. The proposed Zoning amendment is consistent with this requirement.

WHEREAS, the density allowed by the proposed RMDO Overlay is consistent with and implements the goals and policies of the Rocklin General Plan, including Program 10 of the Housing Element

WHEREAS, t he Ordinance is consistent with the 2021 -2029 Housing Element Program 10 – Alternative Sites General Plan Amendment (GPA2025-0001) which is being processed concurrently. The General Plan Amendment has been approved via Resolution No. 2025-191.

WHEREAS, the areas proposed to be amended are physically suited to the uses authorized in the RMDO Overlay. The sites are currently vacant or underutilized. Utilities and other services are available and located within close proximity to the site.

WHEREAS, t he prop osed amendments are not likely to create serious health problems or create nuisances on properties in the vicinity. Application of the RMDO Overlay does not approve any development on any sites within the City. Any future development would be subject to applicable requirements.

WHEREAS, the City Council has considered the effect of the proposed Zoning Code amendment on the housing needs of the region and has balanced those needs against the public service needs of its residents and available fiscal and en vironmental resources.
28 WHEREAS, t he project will increase the City’s inventory of sites available for lower- and moderate -income housing, thereby supporting compliance with RHNA requirements and ensuring no net loss of development opportunity. As such, approval of the project is consistent with the provisions of Senate Bill 166; commonly referred to as the “No Net Loss Law”.

WHEREAS, the City of Rocklin Planning Commission recommended approval, with consideration for the removal of Sites 1 -18 and 1 -19, of the proposed Zoning Amendments (Z2025-0001) with a vote of 5-0 on August 5, 2025.

Section 1. Authority. The City Council enacts this ordinance under the authority granted to cities by Article XI, Section 7 of the California Constitution and Governmen t Code section 37100.

Section 2. Environmental Analysis. An Addendum to the 2012 General Plan Environmental Impact Report has been approved by City Council Resolution No. 202 5- 190. The City further determines that the 2021 -2029 Housing Element Program 10 – Alternative Sites Rezones project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21080.85(a) of the California Public Resources Code, in that the project is being proposed to implement the goals and policies of the 2021 -2029 Housing Element Program 10 of the General Plan; therefore is not subject to CEQA.

Section 3. A mendment to the Zoning Map . The City’s Zoning Map is hereby amended as described in Exhibit A and Exhibit B , attached hereto and incorporated herein by this reference.

Section 4. Severability. If any section, sub-section, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, sub-section, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, sub -sections, sentences, clauses, phrases or portions to be declared invalid or unconstitutional.

Section 5. Effective Date. This ordinance shall take effect thirty (30) days after the day of its adoption.

Section 6. Publication. Within fifteen days of passage of this ordinance, the City Clerk shall cause the full text of the ordinance, with the names of t hose City Council members voting for and against the ordinance, to be published in the Placer Herald. In lieu of publishing the full text of the ordinance, the City Clerk, if so directed by the City Attorney and within fifteen days, shall cause a summary of the ordinance, prepared by the City Attorney and with the names of the City Council members voting for and against the ordinance, to be published in the Placer Herald, and shall post in the office of the City Clerk a certified copy of the City Council m embers voting for and against the ordinance.

The publication of a summary of the ordinance in lieu of the full text of the ordinance is 29 authorized only where the requirements of Government Code section 36933(c)(1) are met.

INTRODUCED at a regular meeting of the City Council of the City of Rocklin held on August 26, 2025, by the following vote:

AYES: Councilmembers: Bass, Broadway, Gayaldo, Janda

NOES: Councilmember Halldin

ABSENT: None

ABSTAIN: None

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Rocklin held on September 9, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

__________________________________
Jill Gayaldo, Mayor

ATTEST:

___________________________
Avinta Singh, City Clerk

First Reading: 08.26.2025
Second Reading: 09.09.2025
Effective Date: 10.09.2025

30 Exhibit A
Zoning Map Amendments
2021-2029 Housing Element Program 10 – Alternative Sites (Z2025-0001)
31 Exhibit B
Zoning Amendment Table
2021-2029 Housing Element Program 10 – Alternative Sites (Z2025-0001)

32 L
o
n
e
t
r
e
e
B
l
v
d
C
h
i
n
a
G
a
r
d
e
n
R
d
B r i d l e
w
o
o
d
D
r
Granite Dr
S
t
a
n
f
o
r
d
R
a
n
c
h
R
d
S W
h
i
t
n
e
y
B
l
v
d
S
i
e
r
r
a
C
o
l
l
e
g
e
B
l
v
d
S
i
e
r
r
a
M
e
a
d
o
w
s
D
r
P
a
r
k
D
r
W
S
t
a
n
f
o
r
d
R
a
n
c
h
R
d
S
p
r
i
n
g
v
i
e
w
D
r
F
a
i
r
w
a
y
D
r
M
i
d
a
s
A
v
e
C
r
e
s
t
D
r
W
e
s
t
O
a
k
s
B
l
v
d
B
l u
e
O
a
k
s
B
l
v
d
W
i
l
d
c
a
t
B
l
v
d
E
l
D o n
D r
S
i
e
r
r
a
C
o
l
l
e
g
e
B
l
v
d
A
r
g
o
n
a u t
A
v
e
W
h
i
t
n
e
y
B
l
v
d
Fifth St
W h i t n
e
y
R
a
n
c
h
P
k w y
G
r
o
v
e
S
t
U
n
i
v
e
r
s
i
t
y
A
v
e
P
a
r
k
D
r
Rocklin Rd
¬«
65 ¬«
65 8
0 RMDO Overlay
Legend
Alternative MU24+
Alternative RES24+
Date: 08/28/2025
33 Table 7-41: Comparison of Regional Housing Need and Site Capacity 2021 Housing Element Numbers + Alternative RHNA Sites (2025) Res Mixed Use Res Mixed Use
Very Low 1,911
Low 1,151
Moderate 771 -- 748 32 0 188 10 0 978 207
Above
Moderate 1,828 -- 235 0 0 0 0 2,987 3,222 1,394
Total 5,661 481 2,406 228 1,209 556 40 3,889 8,328 2,186 Source: City of Rocklin, August 2025
*Capacity is based on implementation of Program 10.
2021 Housing Element Numbers (2021 w/ Corrections)
Res1 Mixed Use2 Res3 Mixed Use4
Very Low 1,911
Low 1,151
Moderate 771 0 805 42 0 190 10 0 1,047 276
Above
Moderate 1,828 0 0 0 0 0 0 1,980 1,980 152
Total 5,661 481 2,170 625 1,497 559 40 1,980 6,871 729
Source: City of Rocklin, November 2020
*Capacity is based on implementation of Program 10.

Due to corrections in original calculations:
1 Vacant Site Capacity - Res (Moderate) should have been 805 not 0 2 Vacant Site Capacity - Mixed Use (Moderate) should have been 42 not 0 3 Underutilized Site Capacity - Residential (Moderate) should have been 0 not 805 4 Underutilized Site Capacity - Mixed Use (Moderate) should have been 190 not 195 2021 Housing Element Numbers (2021)
Res Mixed Use Res Mixed Use
Very Low 1,911
Low 1,151
Moderate 771 0 0 0 805 195 10 0 1,010 239
Above
Moderate 1,828 0 0 0 0 0 0 1,980 1,980 152
Total 5,661 481 1,365 583 2,302 564 40 1,980 6,834 692
Source: City of Rocklin, November 2020
*Capacity is based on implementation of Program 10.
481 1,365 583 1,497 369
ADU
Capacity
Approved
Projects
Total
Capacity Surplus
30 0 3,844 301
Income
Category
2021-2029
RHNA
5th Cycle
Carryover
Vacant Site Capacity*
ADU
Capacity
481 1,365 583 1,497 369
Income
Category
2021-2029
RHNA
5th Cycle
Carryover
Vacant Site Capacity*Underutilized Site
Capacity*
Underutilized Site
Capacity*
Approved
Projects
Total
Capacity Surplus
30 0 3,844 301
481
ADU
Capacity
Total
Capacity
Unit
Surplus
1,424 196 1,209 368 30 4,128 585
Approved
Projects
902
Income
Category
2021-2029
RHNA
Vacant Site Capacity*Underutilized Site
Capacity*5th Cycle
Carryover
City of Rocklin
2021-2029 Housing Element 1 August 2025 34
Site # APN Total Acreage Assumed
Acreage Location Existing GP Proposed GP Existing
Zoning
Proposed
Overlay
Assumed
Density
Unit
Capacity NOTES Previous Site
1 045-013-022-000 6.00 6.00 Between Granite Dr and Pacific St / near Dovetail Dr HDR - M-2/ R24+ - 30 180 Site 18
016-220-005-000 0.44
016-220-004-000 0.44
016-220-006-000 0.41
010-024-002-000 1.20
010-023-002-000 1.25
045-013-023-000 7.58
045-013-024-000 5.06
7 017-276-004-000 25.00 10.00 W side of University Av / Adjacent to SR 65 HDR - PD-LI/ R24+ - 30 300 large majority wetlands, assumed 10 net acres Site 2 8 045-101-059-000 1.48 1.48 Granite Dr near Rocklin Rd HDR - C-2/ R24+ - 30 44 Site 20 1-1 010-040-025-000 2.65 2.65 Behind Peter Hill Heritage ParkMDR/MU HDR R1-5/C-2 Res-24+ 30 80 1-2 010-040-038-000 16.96 1.80 ROW along Front St. and Railroad MU HDR C-2 Res-24+ 30 54 010-210-002-000 2.07 5476 Front Street R1-6/H-D
010-210-007-000 0.11 Part of 5476 Front H-D
010-210-013-000 0.59 5420 Front St
010-210-020-000 0.99 5450 Front
010-210-021-000 0.14 Behind 5450 Front
010-210-022-000 0.26 Behind 5450 Front
1-5 010-260-002-000 3.02 3.02 5465 Ruhkala Rd MDR HDR RD-4 Res-24+ 30 91 1-6 010-260-011-000 0.93 0.93 5555 Ruhkala Rd MDR HDR RD-8 Res-24+ 30 28 1-7 010-260-046-000 0.93 0.93 5515 Ruhkala Rd MDR HDR RD-8 Res-24+ 30 28 045-031-013-000 1.14 4455 Circuit Ct
045-031-014-000 1.26 4465 Circuit Ct
1-11 045-090-062-000 1.16 1.16 Flag lot on Grove at Cedar MDR HDR PD-4.5 Res-24+ 30 35 045-120-029-000 1.03 5520 China Garden Road MDR R1-10
045-161-007-000 0.69 N terminus of Ambassador DrMDHR PD-14 Acreage 82.79 47.45 Units 1,424
12 010-162-001-000 1.29 1.29 Pacific St and Bush St MU - C-4/ MU24+ - 15 19 Site 13 13 017-284-006-000 1.88 1.88 S side of W Lonetree Bl MU - PD-BP/C/ MU24+ - 15 28 Partial commercial development entitlements and construction Site 6 (portion)
016-230-003-000 0.42
016-230-002-000 0.42
016-230-001-000 0.42
15 010-082-059-000 1.28 1.28 Grove St and Pacific St MU - C-3/ MU24+ - 15 19 Site 16 (portion) 17 017-284-032-000 0.92 0.92 S side of W Lonetree Bl RC MU PD-BP/C Res-24+ 15 14 Partial commercial development entitlements Site 6 (portion) 20 017-190-045-000 2.64 1.85 Stanford Ranch Rd and Victory LnMU - PD-BP/C/ MU24+ - 15 28 Partial Commercial Application (Southern
Portion - 0.79 acres)
Former Site 8 now
portion of Site A-
12 1-13 378-020-006-000 6.34 4.60 1800 Wildcat Blvd. BP/COMM/LI MU PD-BP/CP/LI MU-24+ 15 69 Sierra Wilds Apartments (DR2025-0005) Acreage 15.61 13.08 Units 196
21 016-170-014-000 3.09 3.09 Sunset Bl and Coronado Wy HDR - PD-15/ R24+ - 30 93 Currently a church. Potential to construct
housing on the north and west portions of the
site.

Site 9
22 045-052-038-000 24.07 16.9 W side of Sierra College Bl, S of Dominquez Rd HDR - PD-C/ R24+ - 30 507
Single family home on site. Owner interested in
developing a multi-family home on the site. Site
also has biological resources, so acreage is
reduced.

Site 22
Site 10 (portion)
MU HDR Res-24+ 30 65
HDR Res-24+ 30 59
Site 10 (portion)
-
-
15 19
-
C-1/ MU24+ -
C-2/ R24+
UN/ R24+ -
30 R1-6
- Significant OS / Floodplain acreage reduced

VACANT RESIDENTIAL SITES

VACANT MIXED USE SITES

UNDERUTILIZED RESIDENTIAL SITES
W Sunset Bl between Springview
Meadows / Third St and Whitney
Bl
30 225
W side of Sunset Bl between
Springview Meadows / Third St
and Whitney Bl
Midas Av between UPRR and
Meadow Wy
Pacific St near Brace Rd - Former
Bella Vida site
39 30 74
HDR R1-6 Res-24+ 30 71
H-D
Res-24+ 30 52
Site 15
Site 17
3 5
6 1.29

2.45 7.50 HDR
HDR
HDR
- PD-MU/
MU24+1.26 MU

2.18 1.98
1-9 2.36
HDR
MU
MDR
1-4
MDR

1.72 Table 7-42: Available Sites to Accommodate the Lower Income RHNA -
1-3
1-12
14 City of Rocklin
2021-2029 Housing Element 2 August 2025 35
Site # APN Total Acreage Assumed
Acreage Location Existing GP Proposed GP Existing
Zoning
Proposed
Overlay
Assumed
Density
Unit
Capacity NOTES Previous Site
Table 7-42: Available Sites to Accommodate the Lower Income RHNA 23 045-052-012-000 1.60 1.60
W side of Sierra College Bl, just N
of College Campus property and S
of Secret Ravine Dr
HDR - PD-OA/ R24+ - 30 48
Single-family home on the southern half of the
site. Acreage reduced due to open space and
creek on-site.

Site 23
016-230-013-000 0.38
016-230-011-000 0.39
016-230-012-000 0.4
26 016-351-035-000 6.50 6.50 Pacific St at Roseville/Rocklin border (6355 Pacific St) HDR - M-2/ R24+ - 30 195 Auto dismantler on-site that would need to be removed in order to develop housing. Site A-1
27 016-460-030-000 5.25 5.25 Fairway Dr and Stanford Ranch Rd (6500 Fairway Dr) HDR - PD-C/ R24+ - 30 158 Storage facility on-site that would need to be removed in order to develop housing. Site A-3
29 045-031-041-000 2.46 2.46
W side of Sierra Meadows Dr at
Tuttle Dr (2340 Sierra Meadows
Dr)
HDR - PD-LI/ R24+ - 30 74 Storage facility on-site that would need to be removed in order to develop housing. Site A-5
1-14 045-120-028-000 2.10 1.50 5705 KELLER CT MDR HDR R1-10 Res-24+ 30 45 010-025-001-000 1.60
010-026-001-000 0.22
Acreage 48.06 40.29 Units 1,209
010-030-005-000 0.15
010-030-004-000 0.16
32 010-030-007-000 2.65 2.65 Grove and Pacific St MU - C-3/ MU24+ - 15 40 Currently Royal Oaks Mobile Home Park. Site 16 (portion) 33 010-030-001-000 0.95 0.95 Grove and Pacific St MU - C-3/ MU24+ - 15 14 Western half of the lot (street frontage) is a car wash. Eastern half is vacant. Site 16 (portion)
010-082-063-000 0.58
010-082-061-000 0.77
35 010-030-002-000 0.45 0.45 Grove and Pacific St MU - C-3/ MU24+ - 15 7 Commercial buildings on-site. Vacant space on northeast quarter of the parcel. Site 16 (portion)
36 367-160-008-000 6.15 6.15 Park Dr and Stanford Ranch RdMU - PD-BP/C/ MU24+ - 15 92 Stanford Ranch Plaza with Save Mart and
associated parking lot. Portion A-11
367-160-007-000 1.05
367-160-009-000 0.55
367-160-011-000 0.62
367-160-012-000 1.14
38 367-160-010-000 0.88 0.88 Park Dr and Stanford Ranch RdMU - PD-BP/C/ MU24+ - 15 13 Stanford Ranch Plaza with bank and associated parking lot. Portion A-11
39 367-160-014-000 0.80 0.56 Park Dr and Stanford Ranch RdMU - PD-BP/C/ MU24+ - 15 8 The Shops at Stanford Ranch. Pad site. 0.80 gross ac includes road. Assume 0.56 acre net.Portion A-12 40 367-160-015-000 0.47 0.47 Park Dr and Stanford Ranch RdMU - PD-BP/C/ MU24+ - 15 7 The Shops at Stanford Ranch parking. Portion A-12 41 367-160-016-000 0.88 0.88 Park Dr and Stanford Ranch RdMU - PD-BP/C/ MU24+ - 15 13 The Shops at Stanford Ranch parking. Portion A-12 42 367-160-017-000 1.33 1.33 Park Dr and Stanford Ranch RdMU - PD-BP/C/ MU24+ - 15 20 Stanford Ranch Plaza with shops and associated parking lot. Portion A-12
43 367-160-018-000 2.52 2.52 Park Dr and Stanford Ranch RdMU - PD-BP/C/ MU24+ - 15 38 Stanford Ranch Plaza with CVS and associated parking lot. Portion A-12
Site 16 (portion)
Site 16 (portion)
Portion A-1150
HDR
Site 11Approximately 1/4 of 016-230-011-000 is
covered by a parking lot.

UN Res-24+ 30
30 35
55 - C-1/ R24+
Grove and Pacific St

UNDERUTILIZED MIXED USE
E side of Sunset Bl between
Springview Meados / Third St and
Whitney Bl

3.36 Park Dr and Stanford Ranch Rd
Single-family home on the eastern portion of
the site. Some small accessory buildings
(possibly a shed) on the western portion.
4600 Third Street
15 15
15 5
20 1.82
HDR
RC
-

1.35 0.31
1-15
Outdoor recreation vehicle sales building would
need to be removed before development.

Stanford Ranch Plaza with shops and associated
parking lot.
31 37
-1.17
MU

PD-BP/C/
MU24+ -
MU - C-3/ MU24+ -
C-3/ MU24+
MU
-
Grove and Pacific St
24 34
City of Rocklin
2021-2029 Housing Element 3 August 2025 36
Site # APN Total Acreage Assumed
Acreage Location Existing GP Proposed GP Existing
Zoning
Proposed
Overlay
Assumed
Density
Unit
Capacity NOTES Previous Site
Table 7-42: Available Sites to Accommodate the Lower Income RHNA 44 367-160-019-000 1.76 1.76 Park Dr and Stanford Ranch RdMU - PD-BP/C/ MU24+ - 15 26 Stanford Ranch Plaza with shops and associated parking lot. Portion A-12
45 367-160-020-000 0.44 0.44 Park Dr and Stanford Ranch RdMU - PD-BP/C/ MU24+ - 15 7 The Shops at Stanford Ranch parking. Portion A-12 46 367-160-021-000 0.44 0.44 Park Dr and Stanford Ranch RdMU - PD-BP/C/ MU24+ - 15 7 The Shops at Stanford Ranch parking. Portion A-12 Acreage 24.74 24.50 Units 368
Total Acreage 171.20 125.32 Total Units 3,196
City of Rocklin
2021-2029 Housing Element 4 August 2025 37
Site # Site Name APN Acreage Existing GP Proposed
GP
Existing
Zoning
Proposed
Overlay
Allowable
Density
Assumed
Density
Unit
Capacity Notes
China Garden 045-110-034-000 4.55 HDR - PD-C / R24+ - No Max 24 106 045-110-063-000 3.40 MHDR - R-3 - Up to 15.4 9 30
045-110-064-000 0.60 MU/MHDR - R-3 / MU24+ - Up to 15.4 24 14 045-110-065-000 0.40 MU/MHDR - R-3 / MU24+ - Up to 15.4 24 9 045-120-072-000 1.60 MHDR - R-3 - Up to 15.4 9 14
Snecchi High Density north of Creek 045-053-064-000
(portion) 5.00 HDR - PD-C / R24+ - No Max 30 150
045-053-039-000 R1-12.5/OARes-24+
045-053-044-000 PD-OA PD-OA
010-010-016-000 1.28
010-010-017-000 2.92
010-010-028-000 1.77
010-010-029-000 0.34
010-040-040-000 0.25
1-19 West of Delmar Ave at City Limits 045-011-017-000 6.40 MU/R-C HDR RA-10/OA Res-24+ 24+ 30 192 1-22 North East of Lily Pad Ct 045-061-027-000 2.97 LDR HDR R1-12.5 Res-24+ 24+ 30 89 Acreage 34.98 Units 748
Downtown Plan Block 34 010-161-015-000 0.30 MU - C-4/MU10+ - 10 to 40 10 3 Downtown Plan Block 34 010-161-016-000 0.30 MU - C-4/MU10+ - 10 to 40 10 3 Downtown Plan Blocks 34, 36, 38 and 39010-122-009-000 0.05 MU - C-4/MU10+ - 10 to 40 10 0 Downtown Plan Blocks 34, 36, 38 and 39010-122-010-000 0.07 MU - C-4/MU10+ - 10 to 40 10 0 Downtown Plan Blocks 34, 36, 38 and 39 010-122-011-000 0.05 MU - C-4/MU10+ - 10 to 40 10 0 Downtown Plan Blocks 34, 36, 38 and 39010-122-012-000 0.10 MU - C-4/MU10+ - 10 to 40 10 1 Downtown Plan Blocks 35 and 37 010-131-006-000 0.30 MU - C-4/MU10+ - 10 to 40 10 3 Downtown Plan Block 33 010-170-002-000 0.30 MU - C-4/MU10+ - 10 to 40 10 3 Downtown Plan Blocks 41 and 43 010-072-002-000 0.30 MU - C-4/MU10+ - 10 to 40 10 3 Downtown Plan Blocks 41 and 43 010-072-012-000 0.20 MU - C-4/MU10+ - 10 to 40 10 2 Downtown Plan Blocks 41 and 43 010-072-015-000 0.20 MU - C-4/MU10+ - 10 to 40 10 2 Downtown Plan Blocks 41 and 43 010-072-009-000 0.06 MU - C-4/MU10+ - 10 to 40 10 0 Downtown Plan Blocks 40 and 42 010-092-010-000 0.30 MU - C-4/MU10+ - 10 to 40 10 3 Downtown Plan Blocks 40 and 42 010-091-018-000 0.20 MU - C-4/MU10+ - 10 to 40 10 2 Downtown Plan Blocks 52, 53, 54, 55, 56 and 57 010-181-044-000 0.20 MU - C-2/MU10+ - 10 to 40 10 2 Downtown Plan Blocks 52, 53, 54, 55, 56 and 57 010-134-010-000 0.30 MU - C-2/MU10+ - 10 to 40 10 3 Downtown Plan Blocks 52, 53, 54, 55, 56 and 57010-132-013-000 0.20 MU - C-2/MU10+ - 10 to 40 10 2 Acreage 3.43 Units 32
Downtown Plan Blocks 41 and 43 010-071-003-000 0.10 MU - C-4 / MU10+ - 10 to 40 10 1 Downtown Plan Blocks 41 and 43 010-071-004-000 0.30 MU - C-4 / MU10+ - 10 to 40 10 3 Downtown Plan Blocks 41 and 43 010-071-005-000 0.30 MU - C-4 / MU10+ - 10 to 40 10 3 Downtown Plan Blocks 41 and 43 010-071-007-000 0.06 MU - C-4 / MU10+ - 10 to 40 10 0 Downtown Plan Blocks 41 and 43 010-071-008-000 0.20 MU - C-4 / MU10+ - 10 to 40 10 2 Downtown Plan Blocks 41 and 43 010-071-010-000 0.10 MU - C-4 / MU10+ - 10 to 40 10 1 Downtown Plan Blocks 41 and 43 010-072-001-000 0.30 MU - C-4 / MU10+ - 10 to 40 10 3 Downtown Plan Blocks 41 and 43 010-072-003-000 0.20 MU - C-4 / MU10+ - 10 to 40 10 2 Downtown Plan Blocks 41 and 43 010-072-005-000 0.07 MU - C-4 / MU10+ - 10 to 40 10 0 Downtown Plan Blocks 41 and 43 010-072-006-000 0.07 MU - C-4 / MU10+ - 10 to 40 10 0 Downtown Plan Blocks 41 and 43 010-072-007-000 0.10 MU - C-4 / MU10+ - 10 to 40 10 1 Downtown Plan Blocks 41 and 43 010-072-008-000 0.04 MU - C-4 / MU10+ - 10 to 40 10 0 105
38 3.50 MDR/R-C 24+HDR

UNDERUTILIZED MIXED USE SITES
30Res-24+ 301-16 MUN CORNER OF MIDAS AND PACIFIC HDR PD-33 Table 7-43: Available Sites to Accommodate the Moderate Income RHNA

VACANT RESIDENTIAL SITES

VACANT MIXED USE SITES
Aguilar Area West
30 CC moved from Low to Mod 08/2 /251-10 South of Schriber Way and Lakepointe City of Rocklin
2021-2029 Housing Element 5 August 2025 38
Site # Site Name APN Acreage Existing GP Proposed
GP
Existing
Zoning
Proposed
Overlay
Allowable
Density
Assumed
Density
Unit
Capacity Notes
Table 7-43: Available Sites to Accommodate the Moderate Income RHNA Downtown Plan Blocks 41 and 43 010-072-010-000 0.06 MU - C-4 / MU10+ - 10 to 40 10 0 Downtown Plan Blocks 41 and 43 010-072-013-000 0.20 MU - C-4 / MU10+ - 10 to 40 10 2 Downtown Plan Blocks 41 and 43 010-072-014-000 0.20 MU - C-4 / MU10+ - 10 to 40 10 2 Downtown Plan Blocks 41 and 43 010-072-016-000 0.20 MU - C-2 / MU10+ - 10 to 40 10 2 Downtown Plan Blocks 40 and 42 010-091-017-000 0.50 MU - C-4 / MU10+ - 10 to 40 10 5 Downtown Plan Blocks 40 and 42 010-091-019-000 0.20 MU - C-4 / MU10+ - 10 to 40 10 2 Downtown Plan Blocks 40 and 42 010-091-020-000 0.20 MU - C-4 / MU10+ - 10 to 40 10 2 Downtown Plan Blocks 40 and 42 010-091-021-000 0.20 MU - C-4 / MU10+ - 10 to 40 10 2 Downtown Plan Blocks 40 and 42 010-092-012-000 0.30 MU - C-4 / MU10+ - 10 to 40 10 3 Downtown Plan Blocks 40 and 42 010-092-013-000 0.20 MU - C-4 / MU10+ - 10 to 40 10 2 Downtown Plan Blocks 40 and 42 010-092-014-000 0.20 MU - C-4 / MU10+ - 10 to 40 10 2 Downtown Plan Blocks 40 and 42 010-092-015-000 0.20 MU - C-4 / MU10+ - 10 to 40 10 2 Downtown Plan Blocks 40 and 42 010-092-016-000 0.20 MU - C-4 / MU10+ - 10 to 40 10 2 Downtown Plan Blocks 34, 36, 38 and 39010-122-001-000 0.20 MU - C-4 / MU10+ - 10 to 40 10 2 Downtown Plan Blocks 34, 36, 38 and 39010-122-002-000 0.20 MU - C-4 / MU10+ - 10 to 40 10 2 Downtown Plan Blocks 34, 36, 38 and 39010-122-003-000 0.10 MU - C-4 / MU10+ - 10 to 40 10 1 Downtown Plan Blocks 34, 36, 38 and 39010-122-004-000 0.20 MU - C-4 / MU10+ - 10 to 40 10 2 Downtown Plan Blocks 34, 36, 38 and 39010-122-005-000 0.30 MU - C-4 / MU10+ - 10 to 40 10 3 Downtown Plan Blocks 34, 36, 38 and 39010-122-013-000 0.07 MU - C-4 / MU10+ - 10 to 40 10 0 Downtown Plan Blocks 34, 36, 38 and 39010-122-015-000 0.10 MU - C-4 / MU10+ - 10 to 40 10 1 Downtown Plan Blocks 34, 36, 38 and 39010-122-016-000 0.20 MU - C-4 / MU10+ - 10 to 40 10 2 Downtown Plan Blocks 34, 36, 38 and 39010-122-017-000 0.04 MU - C-4 / MU10+ - 10 to 40 10 0 Downtown Plan Blocks 35 and 37 010-131-007-000 0.30 MU - C-4 / MU10+ - 10 to 40 10 3 Downtown Plan Blocks 35 and 37 010-131-008-000 0.20 MU - C-4 / MU10+ - 10 to 40 10 2 Downtown Plan Blocks 35 and 37 010-131-010-000 0.30 MU - C-4 / MU10+ - 10 to 40 10 3 Downtown Plan Blocks 35 and 37 010-131-011-000 0.30 MU - C-4 / MU10+ - 10 to 40 10 3 Downtown Plan Blocks 35 and 37 010-132-009-000 0.20 MU - C-4 / MU10+ - 10 to 40 10 2 Downtown Plan Blocks 35 and 37 010-132-010-000 0.20 MU - C-4 / MU10+ - 10 to 40 10 2 Downtown Plan Blocks 35 and 37 010-132-012-000 0.20 MU - C-4 / MU10+ - 10 to 40 10 2 Downtown Plan Blocks 52, 53, 54, 55, 56 and 57 010-132-014-000 0.20 MU - R1-5 / MU10+ - 10 to 40 10 2
Downtown Plan Blocks 35 and 37 010-132-015-000 0.30 MU - C-2 R1-5 / MU10+ - 10 to 40 10 3
Downtown Plan Blocks 35 and 37 010-132-016-000 0.20 MU - C-2 R1-5 / MU10+ - 10 to 40 10 2
Downtown Plan Blocks 35 and 37 010-132-017-000 0.20 MU - C-4 / MU10+ - 10 to 40 10 2 Downtown Plan Blocks 35 and 37 010-132-018-000 0.20 MU - C-4 / MU10+ - 10 to 40 10 2 Downtown Plan Blocks 35 and 37 010-132-019-000 0.30 MU - C-4 / MU10+ - 10 to 40 10 3 Downtown Plan Blocks 52, 53, 54, 55, 56 and 57 010-132-022-000 0.20 MU - C-2 / MU10+ - 10 to 40 10 2 Downtown Plan Blocks 52, 53, 54, 55, 56 and 57 010-132-023-000 0.20 MU - C-2 / MU10+ - 10 to 40 10 2 Downtown Plan Blocks 52, 53, 54, 55, 56 and 57 010-134-007-000 0.40 MU - C-2 R1-5 / MU10+ - 10 to 40 10 4
Downtown Plan Blocks 52, 53, 54, 55, 56 and 57 010-134-017-000 0.20 MU - C-2 R1-5 / MU10+ - 10 to 40 10 2
Downtown Plan Blocks 52, 53, 54, 55, 56 and 57 010-134-020-000 0.20 MU - C-2 / MU10+ - 10 to 40 10 2 Downtown Plan Blocks 52, 53, 54, 55, 56 and 57 010-134-021-000 0.20 MU - C-2 / MU10+ - 10 to 40 10 2 Downtown Plan Blocks 52, 53, 54, 55, 56 and 57 010-136-005-000 0.20 MU - C-2 R1-5 / MU10+ - 10 to 40 10 2
Downtown Plan Blocks 52, 53, 54, 55, 56 and 57 010-136-006-000 0.20 MU - C-2 R1-5 / MU10+ - 10 to 40 10 0
City of Rocklin
2021-2029 Housing Element 6 August 2025 39
Site # Site Name APN Acreage Existing GP Proposed
GP
Existing
Zoning
Proposed
Overlay
Allowable
Density
Assumed
Density
Unit
Capacity Notes
Table 7-43: Available Sites to Accommodate the Moderate Income RHNA Downtown Plan Blocks 52, 53, 54, 55, 56 and 57 010-136-023-000 0.34 MU - C-2 / MU10+ - 10 to 40 10 3 Downtown Plan Blocks 52, 53, 54, 55, 56 and 57 010-136-024-000 0.30 MU - C-2 / MU10+ - 10 to 40 10 3 Downtown Plan Blocks 52, 53, 54, 55, 56 and 57 010-136-025-000 0.26 MU - C-2 R1-5 / MU10+ - 10 to 40 10 2
Downtown Plan Blocks 34, 36, 38 and 39 010-161-003-000 0.40 MU - C-4 / MU10+ - 10 to 40 10 4 Downtown Plan Blocks 34, 36, 38 and 39010-161-004-000 0.07 MU - C-3 / MU10+ - 10 to 40 10 0 Downtown Plan Blocks 34, 36, 38 and 39 010-161-005-000 0.07 MU - C-3 / MU10+ - 10 to 40 10 0 Downtown Plan Blocks 34, 36, 38 and 39 010-161-011-000 0.30 MU - C-4 / MU10+ - 10 to 40 10 3 Downtown Plan Blocks 34, 36, 38 and 39 010-161-013-000 0.40 MU - C-3 / MU10+ - 10 to 40 10 4 Downtown Plan Block 33 010-170-005-000 0.10 MU - PD-C-4 / MU10+ - 10 to 40 10 1
Downtown Plan Block 33 010-170-012-000 0.20 MU - PD-C-4 / MU10+ - 10 to 40 10 2
Downtown Plan Block 33 010-170-013-000 0.10 MU - PD-C-4 / MU10+ - 10 to 40 10 1
Downtown Plan Block 33 010-170-014-000 0.07 MU - PD-C-4 / MU10+ - 10 to 40 10 0
Downtown Plan Block 33 010-170-021-000
010-170-029-000 0.58 MU - PD-C-4 /
MU10+ - 10 to 40 10 5 New APN
Downtown Plan Blocks 52, 53, 54, 55, 56 and 57 010-181-019-000 1.00 MU - C-2 / MU10+ - 10 to 40 10 10 Downtown Plan Blocks 52, 53, 54, 55, 56 and 57010-181-021-000 0.60 MU - C-2 / MU10+ - 10 to 40 10 6 Downtown Plan Blocks 52, 53, 54, 55, 56 and 57 010-181-022-000 1.00 MU - C-2 / MU10+ - 10 to 40 10 10 Downtown Plan Blocks 52, 53, 54, 55, 56 and 57 010-181-036-000 0.20 MU - C-2 R1-6 / MU10+ - 10 to 40 10 2
Downtown Plan Blocks 52, 53, 54, 55, 56 and 57 010-181-037-000 0.10 MU - C-2 / MU10+ - 10 to 40 10 1 Downtown Plan Blocks 52, 53, 54, 55, 56 and 57 010-181-038-000 0.20 MU - C-2 R1-6 / MU10+ - 10 to 40 10 2
Downtown Plan Blocks 52, 53, 54, 55, 56 and 57 010-181-039-000 0.10 MU - C-2 R1-6 / MU10+ - 10 to 40 10 1
Downtown Plan Blocks 52, 53, 54, 55, 56 and 57 010-181-040-000 0.10 MU - C-2 / MU10+ - 10 to 40 10 1 Downtown Plan Blocks 52, 53, 54, 55, 56 and 57 010-181-042-000 0.10 MU - C-2 R1-6 / MU10+ - 10 to 40 10 1
Downtown Plan Blocks 52, 53, 54, 55, 56 and 57010-181-056-000 0.20 MU - C-2 / MU10+ - 10 to 40 10 2 Downtown Plan Block 6 010-191-018-000 2.00 MU - PD-C-2 / MU10+ - 10 to 40 10 20
Acreage 19.80 Units 188
Total Acreage 58.21 Total Unit 968
City of Rocklin
2021-2029 Housing Element 7 August 2025 40
New Map
# Map # Residential Subdivision Project
Name (Construction Name) Zoning
Total Assumed Units
during the 2021-2029
Planning Period
Total Approved units
in development Developer
10 Crowne Pointe (aka Croftwood) -
Phase 4 PD-1.93 17 17 Tim Lewis Communities
17 Los Cerros Subdivision - Phase 2 PD-1.2 72 72 GBD Communities 26 Sierra Pine Subdivision PD-8 199 199 Burrell Consulting Group / Sierra Pine Limited Partnership
29 Whitney Ranch Phase 2J - Units
65, 66, & 67 PD-2.1, 2.6, 2.4, 1.6 58 131 Sunset Ranchos Investors, LLC /TBD
33 Rocklin Meadows Subdivision 36 26 27 Rocklin Meadows Greenbrae 22, LLC
35 Racetrack Subdivision R1-6 10 10 Rick McGrath/
Equity Smart Investments, LLC
40 Croftwood 2 PD-2.5 55 55 Jesper Petersen Revocable
Trust
53 Clover Valley Lakes Various 558 361 Philip D. Oates Trust et al /Massie & Company
54 Winding Lane Estates RD-4 25 25 Robert and William Ballow 68 Whitney Ranch Unit 60, 61A &
61B PD-6.0 & PD-6.4 139 155 Sunset Ranchos Investors, LLC /TBD
69 Whitney Ranch Unit 61 C PD-8.3 61 51 Sunset Ranchos Investors, LLC /TBD
71 Whitney Ranch Unit 63 PD-3.2C 36 23 Sunset Ranchos Investors, LLC /TBD
72 & 73 Whitney Ranch Unit 64A & 64B PD-4.1C and PD-4.7C136 136 Sunset Ranchos Investors, LLC /TBD
74 Whitney Ranch Unit 69 PD-3.8C 49 60 Sunset Ranchos Investors, LLC /TBD
75 Whitney Ranch Unit 50 PD-7.3 68 61 Sunset Ranchos Investors, LLC /TBD
Whitney Ranch Unit 1 PD-12 51 43 John Mourier Construction Inc Sierra Gateway Site PD-20 196 195
Total Approved and Grading/Under Construction Units (2025) 2,030 1,858 52 Granite Lakes Estates 2-4 PD-1.5 65 65 Dave Cook / Capital Equity Management Group, Inc
54 Vista Oaks Subdivision PD-1.08 100 100 Arroyo Cap IV-1 LLC 55 Highlands Parcel A PD-0.67 20 20 Elliot Homes Inc
Whitney Sunset 14 LLC155PD-RWhitney Walk (formerly Sunset Whitney) 170
9 & 10 The Harper (aka Lonetree
Apartments - Phase 1) PD-IP

PROJECTS APPROVED AND GRADING / UNDER CONSTRUCTION
Table 7-44: Capacity to Accommodate the Above Moderate RHNA

PROJECTS APPROVED BUT NOT CONSTRUCTED
274 237 The Harper LLC
City of Rocklin
2021-2029 Housing Element 8 August 2025 41
New Map
# Map # Residential Subdivision Project
Name (Construction Name) Zoning
Total Assumed Units
during the 2021-2029
Planning Period
Total Approved units
in development Developer
Table 7-44: Capacity to Accommodate the Above Moderate RHNA 2 Grove St Apartments PD-R/ R24+ 81 78
18 Lonetree Apartments - Phase 2 PD-IP 98 160 The Harper LLC 19 Stanford Ranch 6.8 Apts PD-IP 101 165
Total Projects Approved But Not Constructed Units 920 1,129 Bell Property SE Rocklin (4185
Greenbrae Rd) R1-10 48 - NOT ENTITLED
South of Greenbrae Site PD-1.5 19 - NOT ENTITLED
Snecchi Site south of Creek on
Sierra College Boulevard PD-3.5 63 - NOT ENTITLED
College Park (North Site) MDR
portion
PD-8.4 / PD-15.4 / PD-P
/ PD-15.5 / PD-OA 40 - NOT ENTITLED
College Park (Sorth Site) south of
creek area - MDR Portion
Currently R1-10.

Proposed as PD-8.4 25 - NOT ENTITLED
LDS Church Site - 046-020-071 PD-2 24 - NOT ENTITLED
LDS Church Site - 046-020-072 PD-2 7 - NOT ENTITLED
Nightwatch / Galaxy Lane Area -
046-041-001 PD-0.4 5 - ENTITLEMENT EXPIRED
Yankee Hill Rd / Independence
Place - 010-010-044 RE-30 4 - NOT ENTITLED
Total Unentitled Land Units (2025) 235 0
Total Above Moderate 3,185 2,987
25 PD-BP/C/LI West Oaks Apartments 300 371

UNENTITLED LAND
City of Rocklin
2021-2029 Housing Element 9 August 2025 42
Site # APN Total
Acreage
Assumed
Acreage Location Existing
GP
Proposed
GP
Existing
Zoning
Proposed
Overlay
Total
Units Density NOTES Previous Site
1-8 017-172-014-00011.90 11.70 Wildcat Blvd HDR - PD-20 - 288 24.6

MOVED FROM MODERATE / CONSTRUCTED -
Terracina @ Whitney Ranch / 288 Apts (255
Affordable)
Moderate
Total Units Constructed Units 288
Total Units Approved and Grading / Under Construction Units 0 4 045-131-001-000
045-131-003-000
045-131-014-000

13.42 7.34 Rocklin Rd and El Don Dr HDR - PD-15.5 - 180 24.5 Sierra College Senior Apartments / DR2021-
0002 / 180 Senior Apts (179 Affordable) / 7.3
acres / Expires 12/6/25
Site 26
010-040-039-0000.91
010-121-001-0001.38
010-121-002-0000.08
010-121-004-0000.15
010-121-005-0000.22
010-121-006-0000.15
017-276-005-000 RC UN
017-276-006-000 MDR PD-4.5
Total Units Approved But Not Under Construction Units 614 Total Constructed
Total Approved and Grading /
Under Construction
Total Approved But Not Under
Construction
Table 7-46: Low and Moderate Approved Projects
288
0 614
Approved Low &
Moderate Units
110 Pacific Street Apartments / AD2025-0001 / 6
parcels - 2.9 acres - 110 units Site 14 (portion)16 2.89 S of Pine St, W of Pacific St, N
of Oak St, and E of Railroad
Av
MU - C-4/
MU24+
902

PROJECTS CONSTRUCTED

PROJECTS APPROVED AND GRADING / UNDER CONSTRUCTION

PROJECT APPROVED BUT NOT UNDER CONSTRUCTION
University Avenue Apartments25.53241-17 W Side of University Ave /Adjacent to SR 6512.72 HDR Res-24+12.72
- 38.1
City of Rocklin
Housing Element 2021-2029 August 2025 43
City Council
Staff Report

Subject:

Arts Commission Revision of Appointment Terms
Date:

September
9, 2025
Submitted By:

Avinta Singh, City Clerk
Department:

City Clerk's Office
Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Making Revisions to the Appointment Terms of Arts Commissioners.

Background:

The City of Rocklin's Arts Commission was established in 2023 by Resolution No. 2023-50, with appointments being made to this meeting body at the May 9, 2023 City Council meeting.

Per the Resolution, five commissioners were appointed to the Arts Commission, with two commissioners appointed to a two-year term expiring on June 30, 2025, and three commissioners were appointed to four-years terms.

Exhibit A to Resolution No. 2023-50 inaccurately indicated the four-year term expiration date as being June 30, 2029. This proposed recommendation is to correct and revise the four-year term for three Arts Commissioners to terms expiring on June 30, 2027, as set forth in the attached Exhibit A to the proposed Resolution.

Fiscal Impact:

There is no fiscal impact to the staff recommendation.

Item Number C4.

ATTACHMENTS:

1. Resolution
44 Resolution No. 2025- September 9, 2025 Page 1 of 1
1 RESOLUTION NO. 2025-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

MAKING REVISIONS TO THE APPOINTMENT TERMS

OF ARTS COMMISSIONERS

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

Section 1. The City Council of the City of Rocklin does hereby make corrections to the appointment terms of Arts Commissioners originally appointed on May 9, 2023 per Resolution No. 2023 -050, as set forth in Exhibit A, attached hereto and hereby incorporated herein by this reference.

PASSED AND ADOPTED this 9th day of September, 2025, by the following vote:

AYES: Councilmembers
NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Jill Gayaldo, Mayor

ATTEST:

Avinta Singh, City Clerk
45 Exhibit A
to Reso. No. 2025-

EXHIBIT A

REVISED APPOINTMENT TERMS:

ARTS COMMISSION
RMC Chapter 2.36 & 2.43
Four-Year Term

Appointee Term Expires
Josanna Hansen 6/30/2027
Pranil Shankar 6/30/2027
Lynn Sully 6/30/2027

46 City Council
Staff Report

Subject:

League of California Cities 2025 Annual Conference - Appointment of Voting Delegate
Date:

September
9, 2025
Submitted By:

Haley Reid, Management Analyst
Department:

City Manager's Office
Recommendation:

Designate Vice Mayor Dave Bass as the Voting Delegate to the League of California Cities 2025 Annual Conference.

Background:

The League of California Cities (CalCities) Annual Conference is scheduled for October 8–10, 2025, at the Long Beach Convention Center. The Annual Business Meeting will be held during the General Assembly on Friday, October 10, 2025. At this meeting, the CalCities membership considers and takes action on resolutions that establish CalCities policy for the coming year.

In order for the City of Rocklin to have a vote at the Annual Business Meeting, the City Council must designate a City official to serve as voting delegate. The City Council may also appoint up to two alternate voting delegates. Consistent with CalCities bylaws, the City’s voting delegate and alternate(s) must be designated by action of the City Council, and the voting delegate must be registered to attend the conference. Voting delegates must be present at the conference to register their votes.

Vice Mayor Bass is the only City official planning to attend the conference. For the 2025 Annual Conference, staff recommends the City Council designate Vice Mayor Dave Bass as the City of Rocklin’s voting delegate, with no alternate delegates appointed.

Item Number C5.

ATTACHMENTS:

1. 2025 Voting Delegate Packet for League of CA Cities Annual Conference 47 48
49 50
51 City Council
Staff Report

Subject:

Updates to Affordable Housing Incentive Program
Date:

September
9, 2025
Submitted By:

Elizabeth Sorg, Assistant to the City Manager
Andrew Keys, Assistant City Manager
Department:

City Manager's Office
Recommendation:

Background:

In order to incentivize the construction of affordable housing in the city, on January 23, 2024, the City Council adopted Resolution No. 2024-038, approving the Affordable Housing Incentive Program, or AHIP (Attachment 3). The program provides three mechanisms to incentivize affordable housing construction:
1 .

Fee Reductions
: a 40% reduction of development impact fees for the construction of affordable housing units at 60% AMI or lower. This fee reduction was approved previously by City Council on January 10, 2023 via Ordinance number 1159. 2 .

Low/Mod Housing Fund Subsidies
: a residual receipts loan of up to $40,000 for each
very low and extremely low unit constructed.
3 .

Fee Deferrals
: the deferral of certain fees from the issuance of building permits to the certificate of occupancy.

Following the adoption of AHIP, staff have met with multiple developers and have not yet processed any fee deferrals or fee reductions due to the timing of the projects. However, estimates for fee reductions have been provided to developers so they can incorporate the reductions as part of their financing package.

Item Number C6.

52 The following developments have been approved to receive Low/Mod Housing Fund Subsidies, presuming the developments achieve comprehensive project funding:

Development
Units
Total Subsidy
CHW - Pacific Street
Apartments
109 affordable units
$2.6 million

USA Properties - The Steven
179 affordable age-restricted
units
$2.23 million

On September 19, 2024, Governor Newson signed into law SB 937 (Wiener), which mandated fee deferrals for designated residential development project until final inspection or to certificate of occupancy, whichever is sooner. In order to bring the City's fee collection practice into alignment with the new law, the City Council adopted Resolution No. 2025-___, which established the SB 937 Fee Deferral Program. Following the adoption of the program, staff are returning to recommend repealing and replacing AHIP to be consistent with the SB 937 Fee Deferral Program.

Staff recommends the adoption of the attached Resolution (Attachment 1) to repeal and replace Resolution 2024-039. The new AHIP does not recommend any changes to the existing Fee Reductions or Low/Mod Housing Fund Subsidies; the only changes recommended are to bring the fee deferral program into alignment with SB 937.

Fiscal Impact:

There are no additional fiscal impacts to the staff recommendation. All fiscal impacts as a result of the fee deferrals have been contemplated in prior City Council actions.

ATTACHMENTS:

1. Resolution

2. Resolution Exhibit A - Affordable Housing Incentive Program

3. Updated Affordable Housing Incentive Program (Redline Version) 53 Resolution No. 2025- September 9, 2025 Page 1 of 1
1 RESOLUTION NO. 2025-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
REPEALING AND REPLACING RESOLUTION 2024-039 FOR THE

AFFORDABLE HOUSING INCENTIVE PROGRAM FOR QUALIFIED

AFFORDABLE HOUSING DEVELOPMENTS

WHEREAS, the City of Rocklin adopted the Affordable Housing Incentive Program via Resolution 2024-039 on January 23, 2024, as part of the City’s commitment to meeting its RHNA obligations by working with housing developers to expand opportunities for affordable lower income and workforce housing; and

WHEREAS, SB 937 was chaptered by the California Legislature on September 19, 2024 which requires the City to defer the payment of certain fees for designated residential housing projects; and

WHEREAS, on August 26, 2025 the City Council of the City of Rocklin adopted a Policy For Implementation of SB 937 via Resolution 2025____which authorizes the City Manager to enter into fee deferral agreements consistent with SB 937; and

WHEREAS, the City desires to revise the fee deferral program of the Affordable Housing Incentive Program to ensure consistency with SB 937 and the City’s newly adopted SB 937 Implementation Policy.

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

Section 1. The City Council hereby repeals Resolution 2024-039.

Section 3. The Affordable Housing Incentive Program is hereby adopted as revised in the form attached hereto as Exhibit A, and the City Manager is authorized to enter into fee deferral agreements pursuant to the Program.

PASSED AND ADOPTED this 9th day of September, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

__________________________
Jill Gayaldo, Mayor
ATTEST:

_________________________
Avinta Singh, City Clerk
54 EXHIBIT A

CITY OF ROCKLIN

AFFORDABLE HOUSING INCENTIVE PROGRAM

Fee Reductions: On January 10, 2023, the Rocklin City Council adopted Ordinance Number 1159, which established a program for development projects to receive a reduction in development impact fees for deed restrict affordable units in the project. The reduction in fees would only be available for those units for sale or lease for people at 60% or less of the area median income. At that same meeting, the City Council also adopted a resolution that established the fee reduction rate of 40% calculated on an individual basis.

Low/Mod Income Housing Fund Contributions : Affordable housing projects require a combination of private equity, tax credits, affordable housing bond proceeds, and any other f unds available necessary to make the projects buildable. Typically, these funding sources are very competitive with no guarantee of funding. Because of this, affordable housing projects often fall short of the necessary financing.

If LMIHAF dollars are a vailable, private projects requesting a commitment of funding must first demonstrate a gap in funding by submitting pro-forma that is then verified by an independent third party selected by the City. Based on the analysis of the pro-forma, staff would recommend a dollar amount of $40,000 per EL or VL unit to be developed. Any investment of the City’s Low -Mod Fund would be in the form of a city loan, memorialized in an Affordable Housing Agreement between the developer and the City. The loan would be a resid ual receipts loan, which would carry an interest rate of 3% per year and would be repaid from 50% of the project’s net annual cash flow, with any remaining balance due and payable at the end of 30-year term.

Fee Deferrals: This program will follow all guidelines as required by Section 66007 of the Government Code. Any request for a Fee Deferral may require completing an application, submission of a preliminary title report, and execution of agreement, promissory note and deed of trust which may be subordinate to construction and acquisition financing. This assumes the impact fee rates will be locked in at time of permit and not increase during the term of the fee deferral agreement. Deferring payment of fees to allow for occupancy is a valuable incentive that offers significant savings, as developers would otherwise have to finance this expense, generally from equity, which requires a return once it is funded. The City Manager is authorized to enter into agreements to defer fees for affordable housing developments and to effectuate the deferral of the fees. The City Manager may also defer fees that are not required by Section 66007 of the Government Code but that are otherwise legally deferrable.

55 EXHIBIT A

CITY OF ROCKLIN

AFFORDABLE HOUSING INCENTIVE PROGRAM

Low/Mod Income Housing Fund Contributions: Affordable housing projects require a combination of private equity, tax credits, affordable housing bond proceeds, and any other funds available necessary to make the projects buildable. Typically, these funding sources are very competitive with no guarantee of funding. Because of this, affordable housing projects often fall short of the necessary financing.

If LMIHAF dollars are available, private projects requesting a commitment of funding must first demonstrate a gap in funding by submitting pro-forma that is then verified by an independent third party selected by the City. Based on the analysis of the pro-forma, staff would recommend a dollar amount of $40,000 per EL or VL unit to be developed. Any investment of the City’s Low-Mod Fund would be in the form of a city loan, memorialized in an Affordable Housing Agreement between the developer and the City. The loan would be a residual receipts loan, which would carry an interest rate of 3% per year and would be repaid from 50% of the project’s net annual cash flow, with any remaining balance due and payable at the end of 30-year term.

Fee Deferrals: This program would allow for the deferral of residential development fees for eligible low and very low-income housing projects constructed in the City of Rocklin. Fee deferral could be considered whether or not a project is also requesting LMIHAF dollars from the City. The housing development for which fee deferrals are requested under this program must be a “Qualified Residential Development Project”, including: (1) at least 10% of units with Affordable Rents or Affordable Housing Costs for Very Low-Income Households; or (2) at least 49% of units with Affordable Rents or Affordable Housing Costs for Low Income Households. Any request for a Fee Deferral would require completing an application,will follow all guidelines as required by Section 66007 of the Government Code. Any request for a Fee Deferral may require completing an application, submission of a preliminary title report, and execution of agreement, promissory note and deed of trust which may be subordinatedsubordinate to construction and acquisition financing. Fees become payable and interest penalties apply if the project does not provide the affordable housing units promised by Certificate of Occupancy, approximately 24-30 months after construction begins. This assumes the impact fee rates will be locked in at time of permit and not increase during the fee defer. The City may also consider imposing an Application Fee to cover staff and legal processing costs. To ensure compliance and payment of deferred fees, a deed of trust would be recorded against the property to secure the fee amount.term of the fee deferral agreement. Deferring payment of fees to allow for occupancy is a valuable incentive that offers significant savings, as developers would otherwise have 56 to finance this expense, generally from equity, which requires a return once it is funded. The City Manager is authorized to enter into agreements to defer fees for affordable housing developments and to effectuate the deferral of the fees. The City Manager may also defer fees that are not required by Section 66007 of the Government Code but that are otherwise legally deferrable.

57 City Council
Staff Report

Subject:

Legal Services Agreement with Liebert Cassidy Whitmore - First Amendment
Date:

September
9, 2025
Submitted By:

Matthew McOmber, City Attorney
Department:

City Attorney's Office
Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving and Authorizing the City Attorney to Execute the First Amendment to the Legal Services Agreement with Liebert Cassidy Whitmore.

Background:

On December 31, 2024, the City of Rocklin entered into a Legal Services Agreement with Liebert Cassidy Whitmore (the “Firm”) for labor negotiation and employment law issues as they arise, legal opinions, policy review, and other issues as determined necessary by the City Attorney for assignment to the Firm (the "Agreement"). The original Agreement authorized legal services up to $100,000. The Firm has provided legal services in an amount close to the not-to-exceed amount, and the City Attorney, in conjunction with the Administrative Services Department and that Department's anticipated needs for the Firm's services, desires to continue to utilize the Firm for specialized legal services during the term of the Agreement.

Therefore, the City Attorney’s Office together with the Administrative Services Department recommends increasing the not-to-exceed amount of the Agreement to $150,000 and amending the Agreement to reflect the Firm's increased hourly rates for the new Fiscal Year, and further authorize the City Attorney by Resolution to execute future amendments, if the City Attorney determines necessary, to increase the compensation an additional $50,000, for a total not-to-exceed amount of $200,000.

Fiscal Impact:

There is no additional fiscal impact to the General Fund. Sufficient funds are available in the Fiscal Years 2025/26 & 2026/27 Operating Budgets to support the recommendation.

Item Number C7.

ATTACHMENTS:

1. Resolution

2. Resolution Exhibit A - First Amendment to LCW Legal Services Agreement

3. LCW Legal Services Agreement
58 Resolution No. 2025- September 9, 2025 Page 1 of 1
1 RESOLUTION NO. 2025-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

APPROVING AND AUTHORIZING THE CITY ATTORNEY TO

EXECUTE THE FIRST AMENDMENT TO THE LEGAL SERVICES

AGREEMENT WITH LIEBERT CASSIDY WHITMORE

WHEREAS, the City of Rocklin (“City”) has a current Legal Services Agreement (“Agreement”) with Liebert Cassidy Whitmore (“Firm”) to provide competent and professional legal services, as needed, that were previously handled b y the City Attorney’s Office; and

WHEREAS, the City wishes to amend the Agreement to increase the not-to- exceed amount to $150,000, and to accept the Firms’ request for an increase of the Firm’s hourly rates consistent with comparable rates for such services;

WHEREAS, the City desires to authorize the City Attorney to further amend the Agreement, if necessary, to increase the not-to-exceed amount by an additional $50,000.

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

Section 1. The City Council approves and authorizes the City Attorney to execute the First Amendment to the Legal Services Agreement with Liebert Cassidy Whitmore in the form attached and incorporated hereto as Exhibit A.

Section 2. The City Council authorizes the City Attorney to execute one or more additional amendment s to the Agreement, if necessary, to increase the maximum compensation amount by up to a total of a n additional $50,000 before the term of the Agreement expires.

PASSED AND ADOPTED this 9th day of September 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

_______________________________
Jill Gayaldo, Mayor
ATTEST:

_____________________________
Avinta Singh, City Clerk
59 FIRST AMENDMENT Page 1 of 2
Liebert Cassidy Whitmore

FIRST AMENDMENT TO THE AGREEMENT BETWEEN

THE CITY OF ROCKLIN AND LIEBERT CASSIDY WHITMORE,

A PROFESSIONAL CORPORATION FOR LEGAL SERVICES

This First Amendment is entered into between the City of Rocklin (“City”) and Liebert Cassidy Whitmore, a Professional Corporation (“Firm”).

R E C I T A L S

WHEREAS, City and Firm have previously entered into an agreement on December 31, 2024 to provide for various legal services (“Original Agreement”); and

WHEREAS, City and Firm desire to amend the Agreement to increase the not-to-exceed amount to $150,000.00 and increase the rates of compensation payable to Firm (“First Amendment”); and

WHEREAS, the Original Agreement and the First Amendment are collectively referred to as the “Agreement.”

NOW, THEREFORE, the Original Agreement is amended as follows:

I. Section 4 (Compensation), subparagraph A (Fees) of the Agreement is amended as of the effective date of this First Amendment to read as follows:

Partners $450.00 per hour
Senior Counsel $375.00 per hour
Associates $275.00 - $355.00 per hour
Labor Relations/Human Resources Consultant $295.00 per hour Paralegals $165.00 per hour
E-Discovery Specialists $185.00 per hour
Law Clerks $180.00 - $200.00 per hour

In no event shall the maximum amount payable under this agreement exceed $150,000.00 (One Hundred Fifty Thousand Dollars).

II. REAFFIRMATION

In all other respects, the Agreement, as amended, and any attachments, remains in full force and effect.

III. ENTIRE AGREEMENT

The Agreement, as amended, and any attachments, constitute the entire understanding between City and Firm.

60 FIRST AMENDMENT Page 2 of 2
Liebert Cassidy Whitmore

IV. EFFECTIVE DATE

Unless otherwise provided, this First Amendment shall be deemed effective as of the last date it is signed by both Parties.

IN WITNESS WHEREOF , the Parties hereto have executed this First Amendment to the Agreement. By their signatures below, each signatory represents that they have the authority to execute this First Amendment and to bind the Party on whose behalf their execution is made.

CITY OF ROCKLIN

By: ____________________________ Date: ___________________________ Matthew McOmber
City Attorney

ATTEST:

By: ____________________________
Avinta Singh
City Clerk

FIRM

By: ____________________________ Date: ____________________________ J. Scott Tiedemann
Managing Partner

By: ____________________________ Date: ____________________________ Jack Hughes
Partner

61 1

AGREEMENT FOR LEGAL SERVICES

THIS AGREEMENT, dated December 31, 2024, is made by and between

CITY OF ROCKLIN, through its

OFFICE OF THE CITY ATTORNEY (CITY)

and

LIEBERT CASSIDY WHITMORE, a Professional Corporation
(FIRM)
.

WHEREAS, CITY desires to contract for professional legal services; and

WHEREAS, FIRM is particularly qualified to perform the required professional services due to its legal competence, experience, and expertise.

NOW, THEREFORE, CITY and FIRM agree as follows:

1. PERIOD OF PERFORMANCE

This Agreement shall begin December 31, 2024 and shall continue for five years or until the completion of the matter(s) and case(s) identified in this Agreement in Attachment A, or the completion of any other matter(s) or cases CITY, through its City Attorney, assigns to FIRM as provided in this Agreement, whichever is later, or until this Agreement is terminated pursuant to the provisions of paragraph 6 or paragraph 7.

2. FIRM'S SERVICES AND RESPONSIBILITIES

FIRM shall act as counsel to CITY and its officers and employees in matters or cases assigned to FIRM and shall consult with the City Attorney upon request on legal matters assigned to FIRM.

FIRM shall make every effort to provide the most cost-effective services possible to CITY and shall suggest options and techniques to dispose of cases without unnecessary pleadings or discovery.

FIRM shall timely communicate with the City Attorney as needed to keep City and City Attorney informed of material facts and status of assigned matters and cases.

FIRM shall provide CITY with the necessary representation by staff qualified to perform the legal tasks at the least costly billing category.

FIRM shall coordinate with City Attorney in performing services under this Agreement and upon request, shall report to the City Council, or to the City staff, as requested, regarding the matters or cases it is handling.
62 2

expert witness.

FIRM shall assist City Attorney in settlement evaluations and negotiations and shall obtain CITY's authority before making any settlement proposal on CITY's behalf or to the Court or to any other party to the case(s).

FIRM shall immediately notify City Attorney verbally and in writing when a judgment, verdict or other award is rendered.

FIRM shall provide to City Attorney copies of all substantive pleadings and motions filed with the court or other administrative body, including those submitted by another party.

FIRM shall also provide copies of all court rulings.

FIRM shall compile and maintain all backup documentation to support all entries included in its billings.

3. REPORTING REQUIREMENTS

A. FIRM shall provide City Attorney (with a separate copy to City's Risk Manager or insurance carrier) with the following reports for cases other than eminent domain cases:

1. Case Evaluation, Plan and Budget

(a) The Case Evaluation, Plan and Budget is a confidential independent evaluation of the case that will serve as the basis for developing CITY's legal position and strategy and for controlling litigation costs. It will include a budget of foreseeable defense costs and the other information set forth in Attachment B.

(b) The Case Evaluation, Plan and Budget shall be submitted to the City but no later than 60 days after FIRM first appears in the case.

2. Case Status Reports

(a) A Case Status Report is a summary of the significant actions and developments in the case since the last report or since the submission of the Case Evaluation, Plan and Budget, as applicable.

(b) The Case Status Report shall contain the information set forth in Attachment C.

(c) FIRM shall ordinarily provide Case Status Reports every six months. 63 3
Between reports, FIRM shall telephonically advise City Attorney of important case developments or re- xposure and,
if requested, prepare a Case Status Report.

B. With regard to eminent domain actions assigned to FIRM, FIRM shall provide to City Attorney only those reports specifically requested by City Attorney.

4. COMPENSATION

A. Fees

FIRM shall provide legal services at the following billing rates:

Partners: $435.00/hr.

Senior Counsel: $365.00/hr.

Associates: $260.00-345.00/hr.

Labor Relations/Human Resources Consultant $280.00/hr.

Classification and Compensation Consultant $200.00/hr.

Paralegals: $145.00/hr.

E-Discovery Specialist $145.00/hr.

Law Clerks $145.00-185.00/hr.

In no event shall the maximum amount payable under this agreement exceed $100,000 (one hundred thousand dollars).

B. Expenses

CITY shall reimburse FIRM for its actual out-of-pocket expenses but without any additional costs for having advanced the funds. FIRM shall note that CITY is exempt from all filing fee charges.

1. Reimbursable ordinary expenses shall include, but not be limited to:

(a) Deposition fees.

(b) Transcript fees.

(d) Process service.

(e) Document reproduction by an outside vendor.

(f) Document filing fees/costs.

(g) Document retention and storage which may be necessary for large/document intensive cases.
64 4

2. Reimbursable extraordinary expenses shall include charges for which FIRM has obtained City Attorney's prior written approval. Such expenses shall include, but not be limited to:

(a)

(b) Expert witne

(c) Expenses for travel provided shall be reimbursed at actual costs. FIRM shall travel by the most cost-effective means available, however, the hourly rates charged pursuant to section 4.A. above shall be limited to 50% of the rate provided in section 4.A. for travel outside of Placer County.

(d) Investigative services costs.

(e) E-discovery platforms.

(f) Other expenses approved in writing in advance by City Attorney.

(g) In all respects, FIRM is expected to and shall perform services, and incur expenses in the most efficient and cost-effective manner possible.

3. Non-reimbursable expenses shall include, but not be limited to:

(a) Staff time or overtime for performing secretarial, clerical, or word processing functions.

(b) Charges for time spent to provide necessary information for CITY audits or billing inquiries.

Such work shall be a gratuitous effort by FIRM.

(d) Charges for photocopies.

(e) Charges for online legal research.

(f) Alcoholic beverages, personal sundry or other related expenses, recreational activities, in-room movies, or expenses for family members. All expenses are subject to review and acceptance by CITY.

5. BILLINGS AND PAYMENTS

A. Billings

65 5

1. FIRM shall submit its itemized billing statement monthly to City Attorney; however, FIRM shall provide an interim billing upon request of City Attorney or if outstanding fees and costs exceed $15,000.

2. The original billing statement(s) shall be submitted to:

City Attorney
3970 Rocklin Road
Rocklin, CA 95677
With a courtesy copy to: [email protected]

Director of Administrative Services
3970 Rocklin Road
Rocklin, CA 95677
[email protected]

3. Each billing statement shall be itemized in a time reporting format acceptable to CITY and shall include original invoices, or an equivalent form of City-approved documentation, acceptable to the City for Auditor/Controller will not reimburse FIRM for expenses unless the original invoice or City-approved equivalent form of documentation is submitted.

4. FIRM shall have and maintain all backup documentation to support all entries included in the monthly billing statement. Such documentation shall be in a form subject to audit and in accordance with generally accepted accounting principles. FIRM shall make such documentation available to auditors upon request and in accordance with paragraph 11.E.

B. Payments

1. CITY's legal, risk management and accounting staff shall review all billing statements.

2. CITY shall make its best effort to process payments promptly after receiving FIRM's monthly billing statement. CITY shall not pay interest or finance charges on any outstanding balance(s).

6. TERMINATION

This Agreement may be terminated in whole or in part at any time CITY, in its sole discretion, deems termination to be in its best interest. CITY shall terminate services by delivering to FIRM a written Termination Notice specifying the extent to which services are terminated and the effective termination date. FIRM may terminate on sixty (60) days' written notice. During the sixty (60) day notice period, FIRM shall at CITY's request, transfer pending files or complete specified services, which may include a final report. 66 6

7. TERMINATION DUE TO CONFLICT OF INTEREST

If either FIRM or CITY determines a matter of professional conflict has arisen which should not or could not be postponed until the conclusion of the litigation, FIRM or CITY may give written notice of immediate termination of this Agreement subject to FIRM's duty to provide adequate representation until the appropriate substitutions can be made.

8. CLOSING REPORT UPON TERMINATION

Upon CITY's request, FIRM shall deliver a Closing Report to CITY in the format required by CITY, after termination of this Agreement.

9. NOTICES

All Notices and required reports shall be written and delivered via email or mailed by first class, postage prepaid, addressed to CITY or FIRM at the addresses below, or at any other address CITY or FIRM shall provide in writing to each other:

A. If to CITY:

Office of the City Attorney
3970 Rocklin Road
Rocklin, CA 95677
With a courtesy copy to: [email protected]

Director of Administrative Services
3970 Rocklin Road
Rocklin, CA 95677
[email protected]

Copies of reports, but not bills, shall also be sent to:

B. If to FIRM:

Liebert Cassidy Whitmore
Attn: Jack Hughes, Partner
400 Capital Mall, Suite 1260
Sacramento, CA 95814
Tel: (916) 584-7000

10. ASSIGNMENT

A. No part of this Agreement or any right or obligation arising from it is assignable without CITY's written consent.

B. However, FIRM may retain consultants and experts as FIRM deems appropriate 67 7
after receiving CITY's written approval.

11. STANDARD TERMS AND CONDITIONS

A. Indemnification

1. FIRM shall indemnify and hold harmless CITY, its elected officials, officers, employees, agents, and volunteers against all claims, suits, actions, costs, expenses, audit exceptions (including, but not limited to, reasonable attorney's fees of City Attorney and counsel retained by CITY, expert fees, litigation costs, and investigation costs), damages, judgments, or decrees by property loss or damage (including property of CITY) arising from the negligent acts, willful acts, or errors or omissions of FIRM or any of FIRM's subcontractors, any person employed under FIRM, or under any subcontractor, or in any capacity during the progress of the work or the provision of services undertaken pursuant to this agreement, except when the injury or loss is caused by the sole negligence or intentional wrongdoing of CITY.

2. FIRM shall also defend and indemnify CITY for any adverse determination made by the Internal Revenue Service or the State Franchise Tax Board and/or any other taxing or regulatory agency and shall defend, indemnify, 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. This provision shall survive the termination, expiration, or cancellation of this agreement.

3. For professional services provided under this agreement, FIRM shall indemnify, and hold harmless CITY, its elected officials, officers, employees, agents, and volunteers from and against any and all claims, demands, actions, losses, liabilities, damage, and costs, including performance of the professional services provided under this agreement or from recklessness or willful misconduct.

4. FIR
or action brought against CITY founded upon any claim, action or proceeding which is based upon the work or the provision of services undertaken pursuant to this agreement.

B. Insurance

1. subcontractor shall obtain, from an insurance carrier authorized to transact business in the State of California, and maintain continuously during the 68 8
term of this agreement Commercial General Liability Insurance, including coverage for owned and non-owned automobiles, and other insurance necessary to protect the CITY and the public with limits of liability of not less than two million ($2,000,000) combined single limit bodily injury and property damage; such insurance shall be primary as to any other insurance maintained by CITY. The policy shall include an endorsement or amendment which names City of Rocklin, its elected officials, officers, employees, agents, and volunteers as additional insureds. If the above insurance is written on a Claims Made Form, the insurance shall be endorsed to provide an extended reporting period of not less than five years following termination of this Agreement.

2. FIRM and any subcontractor shall obtain and maintain continuously required Workers' Compensation and Employer's Liability Insurance to cover FIRM, subcontractor, FIRM's partner(s), subcontractor's partner(s), carrier authorized to transact business in the State of California covering the full liability for compensation for injury to those employed by FIRM or Compensation carrier waives its right of subrogation against the CITY, its elected officials, officers, employees, agents, and volunteers which might arise in connection with this agreement. FIRM hereby certifies that FIRM is aware of the provisions of section 3700 of the Labor Code, which requires every employer to insure against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of the Labor Code, and FIRM shall comply with such provisions before commencing the performance of the work or the provision of services pursuant to this agreement.

3. FIRM shall obtain and maintain continuously a policy of professional liability coverage with limits of liability of not less than five million ($5,000,000).

4. All insurance required by this Agreement shall be primary to and not contributing with any other insurance maintained by CITY.

C. Independent Contractor Status

1. This Agreement is between the CITY and FIRM and is not intended, and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association, as between CITY and FIRM.

2. FIRM understands and agrees that all FIRM personnel furnishing services to CITY under this Agreement are employees solely of FIRM and not of CITY for purposes of workers' compensation laws and liability.

3. FIRM shall bear the sole responsibility and liability for furnishing workers' 69 9
compensation benefits to any FIRM personnel for injuries arising from services performed under this Agreement.

D. Governing Laws

This Agreement shall be construed in accordance with the laws of the State of California.

E. Record Retention and Inspection

Within ten (10) days of CITY's written request, FIRM shall allow CITY or authorized State or Federal agencies or any duly authorized representative to have the right to access, examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, timesheets or other records relating to this Agreement. FIRM shall keep such material, including all pertinent cost accounting, financial records and proprietary data for a period of four (4) years after termination or completion of this Agreement unless CITY's written permission is given to dispose of material prior to the end of such period or until such time as all audits are complete, whichever is later.

F. Communications With CITY

FIRM understands that the City Attorney is the legally empowered legal representative of the CITY and its officers and employees and FIRM shall not without specific direction from the City Attorney communicate with, advise or represent the CITY, its City Council or any other officers or employees.

G. Validity

The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision.

H. Waiver

No waiver of a breach of any provision of this Agreement by either party shall constitute a waiver of any other breach of the provision or any other provision of this Agreement. Failure of either party to enforce any provision of this Agreement at any time shall not be construed as a waiver of that provision.

12. CONTRACT DOCUMENTS

A. Attachments A through C are attached and incorporated as part of this Agreement.

The attachments are titled as follows:

1. Attachment A - List of Assigned Matters and Cases

2. Attachment B - Information required for Case Evaluation, Plan and Budget 70 10

3. Attachment C - Information required for Case Status Report

B. This Agreement shall constitute the complete and exclusive statement of understanding between CITY and FIRM which supersedes all previous written or oral agreements, and all prior communications between the CITY and FIRM relating to the subject matter of this Agreement.

13. STANDARD OF PERFORMANCE

FIRM shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which FIRM is engaged in the geographical area in which FIRM practices its profession. All products of whatsoever nature which FIRM delivers to CITY pursuant to this Agreement shall be prepared in a substantial first class manner and conform to the standards of quality

14. PERSONNEL

FIRM shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by FIRM to perform services pursuant to this Agreement, FIRM shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for removal of such person or persons. All personnel performing services for FIRM shall be solely employees of FIRM and not employees of the CITY. FIRM shall be solely responsible for the salaries and other Compensation, of all such personnel.

15. NON-DISCRIMINATION

FIRM shall not discriminate in its employment practices because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex in contravention of the California Fair Employment and Housing Act, Government Code section 12900 et seq.

16. 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 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 71 11
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 contracts 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 reasonably relied upon by the Parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (h) of Section 1633.2 of the Civil Code. Facsimile signatures or signatures transmitted via pdf document shall be treated as originals for all purposes.

IN WITNESS WHEREOF, CITY and FIRM 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:_________________________________
Aly Zimmermann, City Manager
City of Rocklin

ATTEST:

By:_________________________________
Avinta Singh, City Clerk

Approved as to form:

By:_________________________________
Matthew McOmber, City Attorney

FIRM

By:________________________________
J. Scott Tiedemann, Managing Partner

By:________________________________
Jack Hughes, Partner

72 12

73 13

ATTACHMENT A

LIST OF MATTERS AND CASES ASSIGNED TO FIRM

LABOR NEGOTIATOR SERVICES

Representation, advice, and counsel necessary to serve as the Chief Labor Negotiator for Fire, POA and PSM negotiations for a new collective bargaining agreements or an extension of the current agreement, respectively.

Advise the City concerning updates, standards, best practices, and other issues applicable to the -Employee Relations Policy
Procedures for the Administration of Employee-Employer Relations Between the City and its .

and Hospital Care Act (PEMHCA) and the minimum for CalPers Medical. Advise on revisions to

For purposes of compliance with section 11(F)
,
the Director of Administrative Services, City Manager, and City Attorney as needed, with respect to the foregoing matters identified as Labor Negotiator Services.

GENERAL OTHER MATTERS AS ASSIGNED BY CITY ATTORNEY

General public agency advice including but not limited to advice regarding liability and litigation assigned by the City Attorney.

Advise the City concerning updates, standards, best practices, and other issues applicable to the City Personnel Rules and related rules and policies assigned by the City Attorney.

Any other legal matter assigned in writing by City Attorney to FIRM and accepted in writing by FIRM.
74 14

ATTACHMENT B

CASE EVALUATION, PLAN AND BUDGET

This report shall provide a thorough evaluation of the case based on the information then

quotations from the complaint. It shall also contain a succinct evaluation of the CIT with citations to the controlling legal authorities, but without unnecessary detail.

f the case in its entirety, as
well as necessary discovery.

The report shall include a defense budget which indicates the projected cost of each major case activity, including trial.

The report shall contain suggestions to contain defense costs, with the potential benefits and disadvantages of each cost-saving technique.

FIRM shall also give its recommendations regarding settlement.

Reports for cases with complex fact patterns, multiple parties, or numerous causes of action will be lengthier and more detailed than the reports for simpler cases.

75 15

ATTACHMENT C

CASE STATUS REPORT

The Case Status Report is intended to update CITY on major case developments and to rategy.

The CITY does not want to receive page-by page deposition or medical record summaries of the controlling facts and authorities is sufficient.

The
activities remain within the previously-established defense budget.

the likely dollar ranges for settlement and verdict.

76 City Council
Staff Report

Subject:

Accounts Paid List - April to June 2025
Date:

September
9, 2025
Submitted By:

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

Administrative Services - Finance
Recommendation:

Receive the Accounts Paid List for April 1, 2025 to June 30, 2025.

Background:

The Accounts Paid List (Attachment 1) details expenses paid to vendors, types of expenses, and the amount paid for the period between April 1, 2025 to June 30, 2025.

Fiscal Impact:

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

Item Number C8.

ATTACHMENTS:

1. Accounts Paid List April - June 2025
77 78
79 80
81 82
83 84
85 86
87 88
City Council
Staff Report

Subject:

CAL FIRE Local Responsibility Area Wildland Protection
Reimbursement Agreement
Date:

September
9, 2025
Submitted By:

Shawn Watkins, Deputy Fire Chief
Reginald Williams, Fire Chief
Department:

Fire
Recommendation:

Background:

Since 1997, the City of Rocklin has contracted with the California Department of Forestry and Fire Protection (CAL FIRE) for wildland fire protection of the Clover Valley Lakes area, and on an annual basis the City Council must authorize the City Manager to execute an agreement on the City's behalf with CAL FIRE. The agreement provides for annual renewals and rate adjustments for as long as CAL FIRE services are necessary or desirable. In 2004, Resolution No. 2004-105 authorized a reimbursement agreement for the developers of Clover Valley Lakes area to reimburse the City for the cost of CAL FIRE wildland fire protection services for the Clover Valley Lakes area. The agreement remains in effect for as long as CAL FIRE provides fire protection of wildlands within the annexation territory, and binds successors-in- interest to the property if the property is sold or transferred in whole or in part.

In 2020, Resolution No. 2020-126 was adopted by the City Council on July 14, 2020 for Fiscal Year 2020/21, which approved the CAL FIRE Agreement Cost Calculations for the Clover Valley Lakes area for 622.5 acres. In 2019, the developer, Massie & Company, LLC, sold approximately 95 acres to Jessup University. This transaction and change of ownership resulted in an amendment to the original agreement, as well as an evaluation of the current acreage. The amended acreage was determined and confirmed with the Placer County GIS and County Assessor's Office as 613.2 acres (including the Jessup University portion). CAL FIRE has included the Agreement Cost Calculations on page 8 of the Attachment 2 (Exhibit A to Resolution).

Item Number C9.

89 The agreement with CAL FIRE provides the City of Rocklin with automatic responses to wildland fires in the area. On "High Fire Dispatch" days, the City will receive two dozers, six engines, two Chief Officers, two Hand Crews, one Helicopter, one Air Attack, and two Air Tankers free of charge. See page 10 of Attachment 2 (Exhibit A to Resolution) for details pertaining to the Operating Plan.

Fiscal Impact:

The proposed action will have no direct fiscal impact on City funds, as the services provided by CAL FIRE will be reimbursed by the property owners.

ATTACHMENTS:

1. Resolution

2. Resolution Exhibit A - CAL FIRE Agreement
90 Resolution No. 2025- September 9, 2025 Page 1 of 2
1 RESOLUTION NO. 2025-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATIVE

FIRE PROGRAMS LOCAL RESPONSIBILITY AREA WILDLAND

PROTECTION REIMBURSEMENT AGREEMENT WITH THE

CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION
(CAL FIRE) AND RELATED BUDGET AMENDMENTS

WHEREAS, the State of California Department of Forestry and Fire Protection (CAL FIRE) has the ability to provide wildland fire protection within the Clover Valley Lakes area of the City of Ro cklin, and the City desires to contract with CAL FIRE to provide this service as long as portions of the Clover Valley Lakes area remains undeveloped; and

WHEREAS, pursuant to Resolution No. 2003 -276, the City Council authorized the City Manager to execut e the annual wildland fire protection agreement (Agreement) for the Clover Valley Lakes area with CAL FIRE, providing a cost to the City; and

WHEREAS, pursuant to Resolution No. 2004 -105, and in accordance with Exhibit A to Resolution No. 2004 -105, the de veloper(s) of Clover Valley Lakes area entered into a reimbursement agreement to reimburse the City for the cost of CAL FIRE wildland protection service. The Agreement remains in effect for as long as CAL FIRE provides protection of wildlands within the an nexation territory, and by its terms binds successors-in-interest to the property if all or a portion of the property is sold or transferred; and

WHEREAS, an Operating Plan submitted with the CAL FIRE agreement provides the City with wildland fire protect ion and would cover the expenses of a wildland fire response; and in the absence of contract coverage through CAL FIRE, the City would be responsible to pay for CAL FIRE response costs; and

WHEREAS, the current CAL FIRE agreement cost calculations for 61 3.2 acres will cost $34,084.35 for Fiscal Year (FY) 2025/26.

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

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

Section 2. The annu al Cooperative Fire Programs Local Responsibility Area Wildland Protection Reimbursement Agreement with the California Department of Forestry and Fire Protection (CAL FIRE) for wildland fire protection within the Clover Valley Lakes area of the City of Roc klin for FY 202 5/26 is approved in substantially the 91 Resolution No. 2025- September 9, 2025 Page 2 of 2
1 form attached hereto as Exhibit A to Resolution, and the City Manager is authorized to execute the agreement on behalf of the City.

Section 3. The City Manager is authorized to take necessary budgetary and accounting actions to implement and administer this Reimbursement Agreement.

PASSED AND ADOPTED this 9th day of September, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

_______________________________
Jill Gayaldo, Mayor

ATTEST:

______________________________
Avinta Singh, City Clerk

92 STATE OF CALIFORNIA

COOPERATIVE FIRE PROGRAMS

LOCAL RESPONSIBILITY AREA WILDLAND PROTECTION

REIMBURSEMENT AGREEMENT
LG-W REV 8/2024
AGREEMENT NUMBER 2CA07256
REGISTRATION NUMBER:

1. This Agreement is entered into between the State Agency and the Local Agency named below:

STATE AGENCY'S NAME
California Department of Forestry and Fire Protection – (CAL FIRE) LOCAL AGENCY’S NAME
City of Rocklin

2. The term of this Agreement is: July 1, 2025 through June 30, 2026

3. The maximum amount of this Agreement is: $ 34,084.35 Thirty four thousand, eighty four dollars and thirty five cents

4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement.

Exhibit A – Scope of Work – Includes page 2 (contact page) in count for Exhibit A 2 pages Exhibit B – Budget Detail and Payment Provisions 2 pages Exhibit C* – General Terms and Conditions; DGS GTC Version: 02/2025 0 pages Exhibit D – Special Terms and Conditions (Attached hereto as part of this Agreement) 1 pages Exhibit E – Additional Provisions 12 pages
*Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this Agreement as if attached hereto.

General Terms and Conditions can be viewed at: http://www.dgs.ca.gov/ols IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

LOCAL AGENCY California Department of General
Services Use Only LOCAL AGENCY’S NAME
City of Rocklin
BY (Authorized Signature) DATE SIGNED(Do not type)


PRINTED NAME AND TITLE OF PERSON SIGNING
Aly Zimmermann, City Manager

ADDRESS
3970 Rocklin Road
Rocklin, CA 95677

STATE OF CALIFORNIA

AGENCY NAME
California Department of Forestry and Fire Protection
BY (Authorized Signature) DATE SIGNED(Do not type)


PRINTED NAME AND TITLE OF PERSON SIGNING
Matthew Sully, Deputy Director, Cooperative Fire Protection ADDRESS P.O. Box 944246, Sacramento, CA 94244-2460
93 Contractor Name: City of Rocklin
Contract No: 2CA07256
- 2 -

EXHIBIT A

COOPERATIVE FIRE PROGRAMS

AGREEMENT FOR PROTECTION OF WILDLANDS WITHIN LOCAL AGENCY RESPONSIBILITY AREA

1. The project representatives during the term of this Agreement will be:

CAL FIRE Unit Chief: Local Agency: City of Rocklin
Name: Brian Estes Name: Reginald Williams, Fire
Chief
Phone: 530-277-2300 Phone: 916-625-5310
Fax: Fax:

All required correspondence shall be sent through U.S. Postal Service by certified mail and directed to:

CAL FIRE Unit Chief: Brian Estes Local Agency:

Section/Unit: Nevada - Yuba - Placer Section/Unit:

Attention: Jim Hudson Attention:

Address: 13760 Lincoln Way
Auburn, CA 95603
Address:

Phone: 530-277-6477 Phone:

City of Rocklin
Fire Department
Reginald Williams
4060 Rocklin Road
Rocklin, CA 95677
916-625-5310
Fax: Fax:

Send an additional copy of all correspondence to:

CAL FIRE
Cooperative Fire Services
P.O. Box 944246
Sacramento, CA 94244-2460

2. AUTHORIZATION
This Agreement is entered into this 1st day of July, 2025, by and between the State of California, hereinafter called STATE and City of Rocklin, County of Placer, State of California, hereinafter called Local Agency through its duly authorized officers. As used herein, Director shall mean Director of the California Department of Forestry and Fire Protection (CAL FIRE). Where the standard clauses for example in Exhibit C, use the word “Contractor” that word shall mean LOCAL AGENCY as LOCAL AGENCY is used in this Agreement.

Section 4142 of the Public Resources Code provides that the Director may enter into cooperative Agreements with local jurisdictions for the purpose of providing wildland fire protection.

3. SCOPE OF WORK
LOCAL AGENCY has the responsibility for protection of life, property, and wildland areas comprising 613.2 acres of land as indicated on the map included under Exhibit E and desires to contract with the STATE to provide wildland fire protection to said area. 94 Contractor Name: City of Rocklin
Contract No: 2CA07256
- 3 -
STATE has the ability to provide wildland fire protection for said area, of the type and degree, which it now provides on adjacent State Responsibility Areas.

4. SERVICES BY STATE
A. STATE shall provide wildland fire protection for the areas defined in the above section.

B. For those areas, which are adjacent to State Responsibility Area, STATE will provide wildland fire protection at the same level of service it now provides on adjacent State Responsibility Area.

C. For those areas (islands), which are not adjacent to State Responsibility Area, the wildland fire protection provided by the STATE will be limited to those resources identified in the preplanned wildland response for the respective area. Any resources beyond those specified in the preplanned wildland response are assistance by hire and the financial responsibility of the LOCAL AGENCY.

5. ADMINISTRATION
A. LOCAL AGENCY agrees that STATE may dispatch fire protection resources available under this Agreement to other areas of the state when needed at the sole discretion of STATE.

B. STATE response will be subject to availability of resources.

C. Incident Management within the contract area shall conform to current Incident Command System criteria for Unified Command.

D. STATE and LOCAL AGENCY shall, through established dispatch procedures, immediately notify each other of any fire incident within the contract area.

6. MUTUAL AID
LOCAL AGENCY shall provide mutual aid response into the contract area for wildfires. Structural fire protection remains the jurisdictional and financial responsibility of LOCAL AGENCY.

7. ENTIRE AGREEMENT
This Agreement contains the whole Agreement between the parties. It cancels and supersedes any previous Agreement for the same or similar services.
95 Contractor Name: City of Rocklin
Contract No: 2CA07256
- 4 -

EXHIBIT B

BUDGET DETAIL, INVOICING, PAYMENT AND RECONCILIATION

1. Invoicing and Payment:

A. LOCAL AGENCY shall pay STATE for providing said protection at the rate of $50.18 per acre, plus an 10.77% administrative charge for a total of $34,084.35 upon presentation of an invoice by STATE. The rate per acre and administrative charge will be calculated by STATE prior to January 1, of each year and annually thereafter, for the succeeding fiscal year subject to approval by LOCAL AGENCY. This Agreement shall be amended each fiscal year to reflect new rates.

B. STATE shall provide thirty (30) day written notice to LOCAL AGENCY of the cost per acre and the administrative charge to be assessed for each subsequent fiscal year during the term of this Agreement; LOCAL AGENCY shall have thirty (30) days to approve said rate; if written approval is not received by STATE within said period, STATE’s obligations hereunder shall terminate; LOCAL AGENCY shall be liable for all amounts due up to and including the date of such termination.

C. To minimize the need for reconciliation payment is expected in full after the LOCAL AGENCY receives the STATE invoice. Payments made by the LOCAL AGENCY will cover the protection rate per acre and the administrative charge for the protection services rendered by STATE and including any other costs as provided herein, giving credit for all payments made by LOCAL AGENCY and claiming the balance due to STATE, if any, or refunding to LOCAL AGENCY the amount of any overpayment.

2. Budget Contingency Clause

A. If the LOCAL AGENCY’s governing authority does not appropriate sufficient funds for the current year or any subsequent years covered under this Agreement, which results in an inability to pay the STATE for the services specified in this Agreement, the LOCAL AGENCY shall promptly notify the STATE and this Agreement will terminate pursuant to the notice periods required herein.

B. If funding for any fiscal year is reduced or deleted by the LOCAL AGENCY for purposes of this program, the LOCAL AGENCY shall promptly notify the STATE, and the STATE shall have the option to either cancel this Agreement with no liability occurring to the STATE, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced amount, pursuant to the notice terms herein
C. If the STATE Budget Act does not appropriate sufficient funds to provide the services for the current year or any subsequent years covered under this Agreement, which results in an inability to provide the services specified in this Agreement to the LOCAL AGENCY, the STATE shall promptly notify the LOCAL AGENCY, and this Agreement will terminate pursuant to the notice periods required herein.

96 Contractor Name: City of Rocklin
Contract No: 2CA07256
- 5 -
D. If funding for any fiscal year is reduced or deleted by the STATE Budget Act for purposes of this program, the STATE shall promptly notify the LOCAL AGENCY, and the LOCAL AGENCY shall have the option to either cancel this Agreement with no liability occurring to the LOCAL AGENCY, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced services, pursuant to the notice terms herein.

E. Notwithstanding the foregoing provisions in paragraphs A and B above, the LOCAL AGENCY shall remain responsible for payment for all services actually rendered by the STATE under this Agreement regardless of LOCAL AGENCY funding being reduced, deleted or not otherwise appropriated for this program. The LOCAL AGENCY shall promptly notify the STATE in writing of any budgetary changes that would impact this Agreement.

F. LOCAL AGENCY and STATE agree that this Budget Contingency Clause shall not relieve or excuse either party from its obligation(s) to provide timely notice as may be required elsewhere in this Agreement.
97 Contractor Name: City of Rocklin
Contract No: 2CA07256
- 6 -

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1. Cancellation
Failure of either party to meet any of the terms and conditions of this Agreement, including non- payment of monies due hereunder, shall be cause for the termination of this Agreement; such termination shall become effective upon written receipt of 30 day notice of cancellation.

2. Audit
If the Agreement is over $10,000, the parties shall, in accordance with Government Code Section 10532, be subject to examination and audit of the State Auditor General for a period of three (3) years after final payment under the Agreement. Examination and audit shall be confined to those matters connected with performance of the Agreement including, but not limited to, cost of administering the Agreement The Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon Agreement or understanding.

3. Operating Plan
Prior to April 1 of each year, STATE and LOCAL AGENCY shall establish a joint Operating Plan for the contract area, which shall be attached after Exhibit E. If LOCAL AGENCY received its structural fire protection from another local agency, the local agency providing the structural fire protection must be party to the Operating Plan.

4. Extension of Agreement
Unless there is written notice by LOCAL AGENCY to terminate this Agreement STATE shall extend this Agreement for a single one-year period from the original termination date. The cost of services provided by STATE during the extended period shall be based upon the rates published for the fiscal year in which the extended period falls had a new Agreement been entered into.

5. Modification
This Agreement may be amended at any time by written mutual consent of the parties hereto.

6. Indemnification
Each party, to the extent permitted by law, agrees to indemnify and hold harmless the other party, its officers, agents, and employees from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the indemnifying party. 98 Contractor Name: City of Rocklin
Contract No: 2CA07256
- 7 -

EXHIBIT E

ADDITIONAL PROVISIONS
Attachments
Budget Plan
Topographic Map
Operating Plan
Annual Report
99 City of Rocklin
2CA07256
Page #: 8
29005

AND THE CITY/TOWN OF A LOCAL AGENCY
Number of Acres 613.2
General Fund Reimbursement 19.69$ 12,073.91 $
Unit Budget 30.49 $ 18,696.47 $
Sub-Total 30,770.38 $
Admin Rate 10.77% 3,313.97 $
Total Protection Cost 34,084.35 $

LOCAL RESPONSIBILITY AREA (LRA) WILDLAND PROTECTION REIMBURSEMENT AGREEMENT Program Cost Account (PCA #)
Contract Name:

Contract #:

Comments Section:

AGREEMENT COST CALCULATIONS:

THIS IS THE BUDGET PLAN FOR THE LOCAL RESPONSIBILITY AREA (LRA)

WILDLAND FIRE PROTECTION REIMBURSEMENT AGREEMENT BETWEEN THE

STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY & FIRE PROTECTION (CAL FIRE) Rocklin
FOR THE 2025/2026 FISCAL YEAR
100
City of Rocklin Local Wildland Contract - 202/202Incorporated City Boundary2022 LWC Boundary613.2 acresLincolnClover Valley LWCRocklinLoomis0 0.25 0.5 0.75 1 Miles Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping,Aerogrid, IGN, IGP , swisstopo, and the GIS User Community Contract Name: City of RocklinContract No.: 2CA07256Page No.: 9 101
Contract Name: City of Rocklin
Contract # 2CA07256
Page No: 10

EXHIBIT E

FY 2025/26

OPERATING PLAN

TO THE AGREEMENT FOR WILDLAND FIRE PROTECTION

WITHIN LOCAL RESPONSIBILITY AREA

BETWEEN

CITY OF ROCKLIN
AND

CALIFORNIA DEPARTMENT OF FORESTRY & FIRE PROTECTION

NEVADA-YUBA-PLACER UNIT
102
Contract Name: City of Rocklin
Contract # 2CA07256
Page No: 11

OPERATING PLAN
Table of Contents

1. Identification of the State and Local Agency Involved ..................................................... 12

2. Authority of Plan ................................................................................................................. 12

3. Purpose of Plan .................................................................................................................. 12

4. Definitions and Restrictions .............................................................................................. 12

5. Procedures ......................................................................................................................... 12

6. General Procedures ........................................................................................................... 13

7. Fire Prevention ................................................................................................................... 14

8. Signatures ........................................................................................................................... 16

APPENDIX
CAL FIRE Nevada-Yuba-Placer Unit Pre-Planned Response ............................................. A-1 City of Rocklin Pre-Planned Response ............................................................................... A-2 103
Docusign Envelope ID: 551607A4-E1EA-4DC8-80FD-31BA8959BAB5 City of Rocklin
Contract #2CA0756
Page No: 12

OPERATING PLAN

1. WHO
This operating plan is between the California Department of Forestry and Fire Protection Nevada-Yuba-Placer Unit (CAL FIRE) and the City of Rocklin (City). It has been developed to specifically discuss the contractual agreement with CAL FIRE and the City for Watershed Fire Protection within the City limits.

2. AUTHORITY OF PLAN
The operating plan is required of both agencies by the agreement between CAL FIRE and the City for wildland fire protection within Local Agency dated July 1, 2025, herein after referred to as AGREEMENT.

3. PURPOSE OF PLAN
This operating plan will provide the Chief Officers of both agencies a means for executing the AGREEMENT and is “Exhibit B” to that AGREEMENT.

4. DEFINITIONS AND RESTRICTIONS
See AGREEMENT for definitions and descriptions of general terms.

This operating plan does not allow either agency to operate outside the limitations stated in the AGREEMENT and any existing automatic mutual aid agreements.

5. PROCEDURES

A. Fire reporting/reports – When the City of Rocklin Fire Department receives a report of a wildfire within the area covered by the AGREEMENT, it will promptly notify the CAL FIRE Emergency Command Center (ECC). Each agency will process their appropriate reports and make the information available to the other upon request no later than 60 days.

B. Incident Management – The Incident Command System (ICS) will be used to manage wildfires within the AGREEMENT area. A Unified Command Structure will be implemented with a CAL FIRE representative as IC and a City of Rocklin Fire Department representative as Deputy IC.

C. AGREEMENT Area Fires – Each agency will maintain a pre-planned response for fires within the AGREEMENT area. Immediate cooperation between agency dispatch centers will occur to insure commonality in resource utilization. State resources will be ordered consistent with the terms of the AGREEMENT through the ECC. Any State augmentation to the pre-planned State response must be 104
Docusign Envelope ID: 551607A4-E1EA-4DC8-80FD-31BA8959BAB5 City of Rocklin
Contract
#2CA0756 Page
No: 13
authorized by a CAL FIRE officer. Augmentation above pre-planned response may require, through post audit, that adjacent CAL FIRE Direct Protection Area was threatened, or that the augmentation was justified on a cost efficiency basis. Local government and private resources will be ordered through the City of Rocklin Department Emergency Command Center to insure proper utilization of the Master Mutual Aid Agreement.

D. Mutual Aid – for the purpose of this agreement, all initial attack resources will be considered mutual aid.

E. Initial Attack – Initial Attack resources will always be based on the closest forces concept as identified in the pre-planned initial attack response areas.

F. Move-up and Cover – Station coverage will be exchanged between both agencies when appropriate. Normally covering agency engines should be replaced with specific agency resources as soon as possible to prevent long term coverage problems.

G. Fire Information – Nothing in the operation of a Joint Public Information Center would preclude following agency internal information policy or procedure.

Unified Command Fire:

1. Representatives of both agencies will meet as needed to discuss procedures and locations of potential Information Centers. Both agencies will strive to keep personnel certified in the field of Public Information for use during emergencies.

2. The Unified Command will determine which agency will provide the lead Information Officer, but normally it would be the agency with the greatest commitment of resources.

H. Parties to this agreement (Chief Officer level) may order resources directly from each other’s Emergency Command Centers when an immediate need exists.

These resources include engines, fire crews, and bulldozers, in accordance with the AGREEMENT. The closest forces concept will be utilized.

6. GENERAL PROCEDURES
Each agency’s representative and ECC personnel will meet annually to discuss, review, and update boundary fire dispatching, AGREEMENT area dispatching, fire reporting procedures, and exchange information which would affect the other agency. 105
Docusign Envelope ID: 551607A4-E1EA-4DC8-80FD-31BA8959BAB5 City of Rocklin
Contract #2CA0756
Page No: 14

7. FIRE PREVENTION
A. POLICY
All fire prevention activities conducted on lands within the AGREEMENT area will be consistent with both agencies’ guidelines. CAL FIRE and City of Rocklin Fire Department will be expected to conduct a year-round aggressive fire prevention program using guidelines within the CAL FIRE Handbook 9000 and City of Rocklin Fire Department Prevention Guidelines. This will include, but is not limited to, annual analysis and planning sessions so a proactive fire prevention plan can be generated and followed.

1. Protection/Planning Issues - Although the responsibility for enforcing fire safe ordinances pertaining to improvements in wildland areas within the City limits is the responsibility of the City of Rocklin Fire Department, a CAL FIRE representative will be available upon request to comment on these issues and assist in the enforcement of related ordinances.

2. Hazard Reduction Inspections
a) Home Inspection – CAL FIRE will work directly with the City of Rocklin Fire Department to enforce Public Resources Code Sections 4291, 4446, 4442, 4443, 4123, or applicable International Fire Code sections. b) Powerline Inspections – CAL FIRE will work directly with the City of Rocklin Fire Department concerning the inspections of power lines over 750 volts, using PRC 4292, 4293, as a guide.

B. RESPONSIBILITY
CAL FIRE and the City of Rocklin Fire Department personnel will, in the performance of their duties, give full consideration to the prevention of fires and public education. Both agencies will allow staff to establish and attain fire prevention goals.

C. EXISTING AND PROJECTED DEMAND
Fire prevention, along with suppression and general emergency mitigation, is a primary role for both agencies. The demand for future services will increase thus requiring more intensive programs. Fire protection and prevention will be influenced by the following factors:

1. Increased recreation use.

2. Increased residential and commercial development.
106
Docusign Envelope ID: 551607A4-E1EA-4DC8-80FD-31BA8959BAB5 City of Rocklin
Contract #2CA0756
Page No: 15

3. Industrial Activity.

D. OBJECTIVES
The objective of the fire prevention plan is the cost-effective reduction of fire suppression expenditures and damages from person caused fires. It is also a current and comprehensive public education program directed towards fire safety awareness and code enforcement.

E. RECOMMENDED ACTIONS

1. Public Education
a) School programs, ages K-3.
b) Timely newspaper articles concerning fire awareness.

2. Code Enforcement
a) Active PRC 4291 home inspection program in targeted areas. b) Enforcement of the Fire Safe ordinances as they apply to construction in watershed areas.
c) Active role in railroad and powerline inspections as resources allow.

3. Area Involvement
a) Maintain a trained staff for public information during wildfire events in the City.

F. FUEL MODIFICATION
Both agencies will continue to encourage property owners and associations that own property to establish and maintain a healthy fuel complex through the following avenues:

1. Explore prescribed burning through available programs.

2. Forest Practice Inspections.

3. Manual fuel modification with mechanized programs (bio-mass), handcrew programs, and local resources.
107
Docusign Envelope ID: 551607A4-E1EA-4DC8-80FD-31BA8959BAB5

City of Rocklin
Contract# 2CA7256
Page No. 16

4. Group bio-mass programs to control stems per acres and remove dead and down materials.

G. BURNING PERMIT ADMINISTRATION

Burning Permit Issuance

1. The City of Rocklin Fire Department has the responsibility of issuing burn permits within the City limits and therefore the AGREEMENT area. Both agencies will agree to and establish burn permit guidelines by April 1 of each year. Guidelines will mirror those established by CAL FIRE to ensure consistency in burn programs in both the City and areas adjacent to the City.

2. The suspension of burning permits in the AGREEMENT area will be directly related to the permit suspension procedures outside of the AGREEMENT area to ensure consistency. Suspensions will be based on input from CAL FIRE and the City of Rocklin Fire Department.

H. MONITORING AND EVALUATION

Periodic monitoring and evaluation of the Operating Plan will provide for orderly and timely amendments and revisions of the Plan. The monitoring will determine if:

1. Objectives are being met.

2. Plan direction is being followed.

3. Plan is achieving desired results.

This Operating Plan has been approved and authorized as Exhibit B to be attached to the Wildland Fire Protection for Local Responsibility Areas Agreement between the NEU Unit and the City of Rocklin.

For STATE:

California Department of
Forestry and Fire Protection
Nevada-Yuba-Placer Unit
13760 Lincoln Way
Auburn, CA 95603

For LOCAL AGENCY:

City of Rocklin Fire Department
4060 Rocklin Road,
Rocklin, CA 95677

Reginald Williams, Fire Chief
DocuSigned by:

108
Docusign Envelope ID: 551607A4-E1EA-4DC8-80FD-31BA8959BAB5 City of Rocklin
Contract #2CA7256
Page No.: 17

A-1

CAL FIRE DISPTACH PLAN

PRE-PLANNED RESPONSE

ROCKLIN WATERSHED CONTRACT

DOZER ENGINES OFFICER CREWS HELICOPTER AIR
ATTACK
AIR
TANKER
LOW 0 2 1 0 0 0 0
MEDIUM 1 4 1 2 TYPE II
1 1 2
HIGH 2 6 2 2 TYPE II
1 1 2
* Rocklin Fire Department resources not included in wildland response resources.

Station Proximity Air Attack

1. Auburn CAL FIRE 2 Engine *Initial aircraft will be dispatched

2. Foresthill CAL FIRE 1 Engine under the closest forces concept.

3. Higgins CAL FIRE 2 Engine

4. Colfax CAL FIRE 1 Engine
Bulldozers Handcrews Copters

1. Auburn

2. Nevada City

1. Washington Ridge

2. Growlersberg
*Initial helicopter dispatch will be
under the closest forces concept

3. Placer Center
109
Docusign Envelope ID: 551607A4-E1EA-4DC8-80FD-31BA8959BAB5 City of Rocklin
Contract #2CA7256
Page No.: 18
A-2

ROCKLIN DISPATCH PLAN

PRE-PLANNED RESPONSE

ROCKLIN WATERSHED CONTRACT AREA

VEGETATION FIRE RESPONSE

ENGINES OFFICER
2 1

STRUCTURE PROTECTION

ENGINES OFFICER
3 1
110
City Council
Staff Report

Subject:

Monument Park Shade Sail Installation Project Contract and Budget Appropriation for Two Shade Sail Projects
Date:

September
9, 2025
Submitted By:

Laurie York, Administrative Analyst
Veronica Tracy, Parks and Recreation Director
Department:

Parks and Recreation
Recommendation:

Background:

Monument Park Shade Sails
The City desires to increase the safety, enjoyability, and useful life of play structures at our City Parks. Due to many factors, including the condition of the play structure, nearby trees, and when the sun shines directly on the structure, Monument Park has been identified as the next prioritized park to receive shade sails. The project consists of purchasing two shade sails and installation of those shade sails over the current play structure at Monument Park. The design is included as part of Exhibit A to the Resolution (Attachment 2).

On June 24, 2025, the City Council adopted Resolution No. 2025-126, authorizing the use of cooperative purchasing agreements consistent with Rocklin Municipal Code Sections

3.04.090(C) and (D). These provisions allow the City to leverage cooperative purchasing programs and piggyback agreements, utilizing contracts established by other governmental agencies.

Miracle Playsystems, Inc. (Miracle) has submitted a proposal through Sourcewell Contract No. 010521-LTS (Attachment 3), which satisfies the City’s procurement requirements. The proposal is for all work, parts and materials necessary to install two new shade sails, for a total cost of Seventy-Eight Thousand Nine Hundred Thirty-Six Dollars and Forty-One Cents ($78,936.41). The project scope of work is included as part of Exhibit A to the Resolution (Attachment 3).

The project installation is estimated to take fifteen business days. Upon City Council approval, and execution of the contract, staff will direct Miracle to order the equipment, and, upon delivery of the equipment, staff will work with Miracle to determine the best time for installation.

Item Number C10.

111

Budget Appropriation
On February 25, 2025, the City Council set aside $145,568 from the Fiscal Year 2023/24 General Fund year end surplus for the installation of shade sails at two neighborhood parks to enhance the comfort and usability of these public spaces. The first park (Monument) is contemplated in this staff report. The quote for installing shade sails at the second park (Clark Dominguez) is within the City Manager's signature authority.

The funds that were previously set aside for these projects require City Council authorization to be included in the FY 2025/26 Operating Budget. Therefore, as part of the Resolution, staff recommends appropriating the funds to support the purchase and installation of the shade sails at both parks.

Environmental Analysis:

The City of Rocklin’s Environmental Coordinator has reviewed the Monument Park Shade Sail Installation project and determined that it falls under the previously approved Notice of Exemption for City’s Play Structure Replacement Projects (Resolution No. 2010-27) and is exempt from review under the California Environmental Quality Act (CEQA), pursuant to California Code of Regulations Sections 15301.

Fiscal Impact:

Approval of the recommended appropriation of $145,568 from the General Fund committed fund balance will provide sufficient funding to support the purchase and installation of the shade sails project.

ATTACHMENTS:

1. Resolution

2. Resolution Exhibit A - Construction Contract

3. Miracle PlaySystems Inc. Sourcewell Contract No. 010521-LTS 112
Resolution No. 2025- September 9, 2025 Page 1 of 2
1 RESOLUTION NO. 2025-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

AWARDING THE CONTRACT FOR THE MONUMENT PARK

SHADE SAIL INSTALLATION PROJECT, AUTHORIZING THE

CITY MANAGER TO EXECUTE THE CONTRACT,

AND AUTHORIZING A BUDGET APPROPRIATION

WHEREAS, the purchase of two shade sails and installation of those shade sails over the current play structure at Monument Park is recommended for the protection of the play structure equipment and increased enjoyment of the Park by the public; and

WHEREAS, Sourcewell has performed a solicitation and executed Cooperative Purchase Contract No. 010521 -LTS with Miracle Playsystems, Inc. for Playground and Water Play Equipment; and

WHEREAS, Rocklin Municipal Code Section 3.04.090(C) allows for the City to enter into cooperative purchasing/procurement arrangements with other governmental entities without separate competitive bidding by the City if a governmental agency has solicited bids and awarded a contract for the goods and services which the City desires to obtain; and

WHEREAS, staff wishes to proceed with purchasing and installing Playground Equipment with Miracle Playsystems, Inc. under Sourcewell Contract No. 010521 -LTS without separate competitive bidding; and

WHEREAS, Miracle Playsystems, Inc. has provided a written Quote to the City referencing Sourcewell Contract No. 010521 -LTS in the amount of Seventy -Eight Thousand, Nine Hundred Thirty -Six Dollars and Forty -Once Cents ($78,936.41) for the purchase and installation of two shade sails at Monument Park; and

WHEREAS, in accordance with the foregoing, the City and Miracle Playsystems, Inc. wish to enter into a written construction agreement; and

WHEREAS, an additional appropriation of $145,568 from the General Fund (100) committed fund balance, p reviously set aside by the City Council , for the purchase and installation of shade sails, is needed to support this contract.

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

Section 1. The Construction contract for the Monument Park Shade Sail Installation is awarded to Miracle Play systems, Inc. and the City Manager is authorized to execute the Agreement with Miracle Play systems, Inc. in substantially the form attached hereto as Exhibit “A.”
113
Resolution No. 2025- September 9, 2025 Page 2 of 2
1 Section 2. An approp riation of $145,568 from the General Fund (100) committed fund balance is hereby approved to support the installation of Shade Sails (Project No. 20266).

PASSED AND ADOPTED this 9th day of September, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

_______________________________
Jill Gayaldo, Mayor

ATTEST:

______________________________
Avinta Singh, City Clerk

114

EXHIBIT A
1 CONSTRUCTION AGREEMENT

THIS AGREEMENT, dated for identification as of September 9, 2025, is between the CITY OF ROCKLIN, a municipal corporation (hereinafter called "City"), and Miracle Playsystems, Inc., a California Corporation (hereinafter called "Contractor").

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

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

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

C. The Contract Documents shall include the Agreement, Attachment A (Scope of Work), Attachment B (Performance Bond) , Attachment C ( Payment Bond) , Attachment D (Worker’s Compensation Insurance Certific ation), Attachment E ( Guarantee Form ), Attachment F (Certifications Regarding Department, Suspension, Proposed Debarment, or Suspension), Attachment G (Labor and Prevailing Wage Compliance), and Attachment H (General Provisions ), Technical Specifications, Standard Plans and Specifications, Standard Forms, all required bonds, Exhibits, and any and all supplemental agreements amending or extending the Work contemplated and which may be required to complete the Work in an acceptable manner. Supplemental agreements are written agreements covering alterations, amendments or extensions to the Contract Documents and include Change Orders, Construction Change Directives, Field Directives, Field Orders and Supplemental Drawings.

D. If applicable to this Agreement’s Scope of Work, the General Provisions shall mean and refer to the current General Provisions of the City of Rocklin, which are incorporated herein by this reference as if set forth herein.

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

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

IV. SCOPE OF CONTRACT
Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor and material and transportation necessary to perform and complete in a good and workman like manner to the satisfaction of City, all the work required for the Contract for the Project entitled:
115

EXHIBIT A
2 Monument Park Shade Sail Installation (See Attachment A for the Scope of Work).

V. CONTRACT AMOUNT AND PAYMENTS
City agrees to pay and Contractor agrees to accept, in full payment for the above work, a maximum of Seventy-Eight Thousand, Nine Hundred Thirty-Six Dollars and Forty-One Cents ($78,936.41).

VI. PROGRESS AND FINAL PAYMENTS
Progress and final payments shall be in accordance with the billing and payment information below:

A. Contractor 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 Contractor’s correct and approved statement or invoice.

At minimum, all invoices submitted by Contractor 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. Contractor’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 reduced by applicable Contractor revenues. The term “applicable Contractor 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 Contractor’s compensation under this agreement (such as but not limited to: purchase discounts, rebates or allowances, insurance refunds and adjustments or overpayment, or other erroneous charges) . To the extent that applicable Contractor revenues, accruing or received by Contractor relate to allowable costs, they shall be credited to City either as a reduction, or a cash refund, as appropriate.

C. Should City, or the county, state, or federal gov ernment, disallow any amount claimed by or paid by City to Contractor, Contractor shall reimburse City, county, state or federal government, as directed by City or the state or federal government, for such disallowed cost.

116

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

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

VIII. TIME OF COMPLETION
A. The entire Work shall be brought to completion in the manner and within one hundred eighty (180) Calendar Days , commencing on the date of issuance of the Notice to Proceed.

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

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

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

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

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

B. Damages which City would suffer in the event of delay include loss of the use of the Project, and, in addition, expenses of prolo nged employment of an architectural and engineering staff; costs of administration, inspection, and supervision; and the loss 117

EXHIBIT A
4 suffered by the public within the City of Rocklin by reasons of the delay in the completion of the Project to serve the public at the earliest possible time.

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

XII. RESERVED (INTENTIONALLY LEFT BLANK)

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

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

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

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

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

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

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

2. The second bond shall be the Payment Bond required by Part 4, Title 15, Chapter 7, Division Three of the Civil Code of the State of California and shall be in the amount of one hundred percent (100%) of the Contract if the total amount of the contract is over $25,000.

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

C. Bonds shall only be accepted from an “Admitted surety insurer”, which means an insurer to which the Insurance Comm issioner has issued a certificate of authority to transact surety insurance in this state. Contractor must submit all of the following with the 118

EXHIBIT A
5 bonds:
 The original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws or other instrument entitling or authorizing the person who executed the bond to do so.

XVI. SUBSTITUTION OF SECURITIES OF MONEY WITHHELD
If this contract is the subject of a competitively bid project or work, then the following may apply:

A. At any time prior to final payment, Contractor may request substitution of securities for any money withheld by the City to ensure performance of the Contract.

B. At the expense of the Contractor, securities equivalent to the money withheld may be deposited with the City or with an ap proved financial institution as escrow agent according to a separate Security Agreement.

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

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

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

XVIII. UNFAIR COMPETITION
A. The following provision is included in this agreement pursuant to California Public Contract Code §7103.5.
"IN ENTERING INTO A PUBLIC WORKS CONTRACT OR A SUBCONTRACT TO

SUPPLY GOODS, SERVICES, OR MATERIALS PURSUANT TO A PUBLIC

WORKS CONTRACT, THE CONTRACTOR OR SUBCONTRACTOR OFFERS

AND AGREES TO ASSIGNING TO THE AWARDING BODY ALL RIGHTS,

TITLE, AND INTEREST IN AND TO ALL CAUSES OF ACTION IT MAY HAVE UNDER SECTION 4 OF THE CLAYTON ACT (15 U.S.C. SEC. 15) OR UNDER THE CARTWRIGHT ACT (CHAPTER 2 (COMMENCING WITH SECTION
16700) OF PART 2 OF DIVISION 7 OF THE BUSINESS AND PROFESSIONS

CODE), ARISING FROM PURCHASES OF GOODS, SERVICES, OR

MATERIALS PURSUANT TO THE PUBLIC WORKS CONTRACT OR THE
SUBCONTRACT. THIS ASSIGNMENT SHALL BE MADE AND BECOME

EFFECTIVE AT THE TIME THE AWARDING BODY TENDERS FINAL
119

EXHIBIT A
6 PAYMENT TO THE CONTRACTOR, WITHOUT FURTHER
ACKNOWLEDGMENT BY THE PARTIES."

XIX. ASSIGNMENT
Neither this Agreement nor any rights herein of Contractor shall be assigned without the written consent of City first obtained.

XX. NO THIRD-PARTY BENEFICIARIES
This Agreement is entered into solely between the City and Contractor. Ther e are no third-party beneficiaries, intended, unintended, or otherwise to this Agreement.

XXI. INDEMNIFICATION
A. To the fullest extent permitted by law, Contractor 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 City, expert fees, litigation costs, and investigation costs), damages, judgments, or decrees arising from the work or the provision of services undertaken pursuant to this agreement by Contractor, or by any of Contractor’s subcontractors, any person employed under Contractor, or under any subcontractor, or in any capacity, except when the injury or loss is caused by the sole negligence or intentional wrongdoing of City. Contractor shall also, at Con tractor’s own expense, defend the City, its elected officials, officers, employees, agents, and volunteers, against any claim, suit, action, or proceeding brought against City, its elected officials, officers, employees, agents, and volunteers, arising fro m the work or the provision of services undertaken pursuant to this agreement by Contractor, or any of Contractor’s subcontractors, any person employed under Contractor, or under any Subcontractor, or in any capacity. Contractor shall also defend and indem nify City for any adverse determination made by the Internal Revenue Service or the State Franchise Tax Board and/or any other taxing or regulatory agency and shall defend, indemnify, and hold harmless City with respect to Contractor’s “independent contrac tor” 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 law. This provision shall survive the termination, expiration, or cancellation of this agreement.

B. The indemnification provisions are independent of, and shall not in any way be limited by, Contractor’s insurance cover age or lack of coverage, or by the insurance requirements of this agreement. City acknowledgement or approval of Contractor’s evidence of insurance coverage required by this agreement does not in any way relieve Contractor from its obligations under this Section.

SIGNATURE PAGE FOLLOWS
120

EXHIBIT A
7 IN WITNESS WHEREOF, the parties hereto have signed the Agreement on the date set forth opposite their names.

CONTRACTOR: (California Corporations: must be signed by company’s CEO, President, or Vice President
as well as the Secretary or CFO.)

Date

Tax I.D. Number

Signature

Print Name

Title

CITY OF ROCKLIN, A Municipal Corporation:

Aly Zimmermann, City Manager

APPROVED AS TO FORM:

MATTHEW McOMBER

CITY ATTORNEY

Matthew McOmber, City Attorney

ATTEST:

Avinta Singh, City Clerk

121

EXHIBIT A
Attachment A – Page 1

ATTACHMENT A
Scope of Work

Contractor shall perform all work and provide all parts and materials necessary to construct and install two (2) Shade Sails at Monument Park, located within the City of Rocklin at 2821 Ketchikan Road.

Accordingly, Contractor shall timely supply the following products and perform the following Work to the City’s reasonable satisfaction:

 Order and deliver one (1) 18’x18’ Shade Sail , per Plan 25_7284_Monument ParkShade _001 (Attachment A-1);
 Order and deliver one (1) 12’x12’ Shade Sail, per Plan 25_7284_MonumentParkShade_001 (Attachment A-1);
 Supply and install temporary security fencing;
 Rake back and reinstall Engineered Wood Fiber (approximately 8” across 2,659 square feet);
 Remove and reinstall play equipment at existing 3’ & 4’ tall deck;  Remove and dispose (offsite) of eight (8) existing posts and footings;  Install new 18’x18’ and 12’ x12’ Shade Sails with new posts and footings per manufacturer specifications and Plan 25_7284_MonumentParkShade_001 (Attachment A-1); and
 Ensure the timely and valid completion of Certified Playground Safety Inspector (CPSI) Inspection and Report.

Contractor shall only use the products and materials as specified herein, unless an equal or superior product is approved in advance in writing by City.

122

EXHIBIT A
Attachment A – Page 2
Location Map

123

EXHIBIT A
Attachment A-1 – Page 1
Attachment A-1
124

EXHIBIT A
Attachment A-1 – Page 2

125

EXHIBIT A
Attachment A-1 – Page 3

126

EXHIBIT A
Attachment A-1 – Page 4

127

EXHIBIT A
Attachment B – Page 1

ATTACHMENT B

PERFORMANCE BOND
(To be Submitted with Construction Agreement)

BOND NO.:_______________

PREMIUM:_______________
City of Rocklin

KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the CITY OF ROCKLIN (hereinafter referred to as “CITY”) has awarded to _________________, hereinafter designated as the “Principal” a contract for _____________________________ (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by Principal is mor e particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and

WHEREAS, said Principal is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, the undersigned Principal and
_____________________________________________ as Surety, a co rporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the CITY in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGAT ION IS SUCH, that, if said Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee, or longer guarantee if required in the Contract Documents, of all materials and workmanship; and shall indemnify and save harmless the CITY, its officers and agents, as stipulated in said Contract Documents, then this obligation shall bec ome null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorneys’ fees, incurred by CITY in enforcing such obligation.

The obligations of Surety hereunder shall continue so long as any obligation of Principal remains. Nothing herein shall limit the CITY’s rights or Principal’s or Surety’s obligations under 128

EXHIBIT A
Attachment B – Page 2
the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Principal shall be, and is declared by the CITY to be, in default under the Contract Documents, Surety shall remedy the default pur suant to the Contract Documents, or shall promptly, at Surety’s option:

(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or

(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, Surety and the CITY, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Principal by the CITY under the Contract and any modification thereto, less any amount previously paid by the CITY to Principal and any other set offs pursuant to the Contract Documents.

(3) Permit the CITY to complete the Project in any manner consiste nt with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Principal by the CITY under the Contract and any modification thereto, less any amount previously paid by the CITY to Principal and any other set offs pursuant to the Contract Documents.

If Surety does not proceed as provided in Paragraphs 1-3 with reasonable promptness, Surety shall be deemed to be in default on this Bond seven (7) days after receipt of additional written notice from the CITY to Surety demanding that the Surety perform its obligations under this Bond, and the CITY shall be entitled to enforce any remedy available to it.

Surety expressly agrees that the CITY may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its ob ligations in the event of default by Principal. Surety shall not utilize Principal in completing the Project nor shall Surety accept a bid from Principal for completion of the Project if the CITY, when declaring Principal in default, notifies Surety of the CITY’s objection to Principal’s further participation in the completion of the Project.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed there under shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.

IN WITNESS WH EREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___, then names and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to the authority of its governing body.

Principal: ____________________________
129

EXHIBIT A
Attachment B – Page 3

By:_____________________________________

Surety:

Address:

Telephone:

Attorney in Fact:

(Attach Attorney-In-Fact Certificate, Corporate Seal and Surety Seal. This bond must be accompanied by a current Power of Attorney Appointing the Attorney-in-Fact)

NOTICE:

A CERTIFICATE OF ACKNOWLEDGMENT IN ACCORDANCE WITH THE PROVISIONS OF CIVIL CODE SECTION 1189 MUST BE ATTACHED FOR EACH PERSON EXECUTING THIS AGREEMENT ON BEHALF OF PRINCIPAL AND SURETY.

130

EXHIBIT A
Attachment C – Page 1

ATTACHMENT C

PAYMENT BOND
(To be Submitted with Construction Agreement)

BOND NO.:_______________

PREMIUM:_______________
City of Rocklin

KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the CITY OF ROCKLIN (hereinafter referred to as “CITY”) has awarded to _________________, (hereinafter designated as “Principal”) an agreement for _____________________________ (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by Principal is mor e particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as the “Contract”), the terms and conditions of which are expressly incorporated herein by reference; and

WHEREAS, said Principal is required to furnish a bond in connection with said Contract providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for or about the performance of the Work contracted to be done, or for any work or labor done thereon of any kind the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond.

NOW, THEREFORE, we, the undersigned Principal and
_____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the CITY in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by th ese presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upo n, for or about the performance of the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Principal and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. In addition to the pr ovisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Section 9100 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. 131

EXHIBIT A
Attachment C – Page 2

The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Contract or to the work to be performed thereunder or the specification accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___, then names and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to the authority of its governing body.

Principal:______________________________

By:_____________________________________

Surety:

Address:

Telephone:

Attorney in Fact:

(Attach Attorney-In-Fact Certificate, Corporate Seal and Surety Seal. This bond must be accompanied by a current Power of Attorney Appointing the Attorney-in-Fact)

NOTICE:

A CERTIFICATE OF ACKNOWLEDGMENT IN ACCORDANCE WITH THE PROVISIONS OF CIVIL CODE SECTION 1189 MUST BE ATTACHED FOR EACH PERSON EXECUTING THIS AGREEMENT ON BEHALF OF PRINCIPAL AND SURETY.

132

EXHIBIT A
Attachment D – Page 1

ATTACHMENT D

WORKERS’ COMPENSATION INSURANCE CERTIFICATION
(To be Submitted with Construction Agreement)

TO THE CITY OF ROCKLIN:

The undersigned does hereby certify that he is aware of the provisions of Section 3700 et seq. of the Labor Code which require every employer to be insured against liability for Workmen’s compensation or to undertake self -insurance in accordance with the provisions of said Code, and that he will comply with such provisions before commencing the performance of work on this Contract.

Name of Contractor

By:_________________________
Title:________________________
Address:_____________________
Date:________________________
___________________________________________________________________________

PLEASE READ CAREFULLY BEFORE SIGNING

To be signed by authorized corporate officer or partner or individual. If the Contractor is:
(example)

1. An individual using a firm name, sign “John Doe, an individual doing business as “Blank Company.”

2. An individual doing business under his own name, sign: your name only.

3. A co-partnership, sign” “John Doe, and Richard Doe, co-partners doing business as Blank Company, by John Doe, Co-Partner.”

4. A corporation or limited liability company, sign: “Blank Company, by John Doe, Secretary.” (or other title)

5. A joint venture, sign: “Blank Joint Venture, by John Doe, Managing Principal.” 133

EXHIBIT A
Attachment E – Page 1

ATTACHMENT E

GUARANTEE FORM

{Print on Contractor/Subcontractor Letterhead
And Submit at Close-Out}

{Contractor's Name} hereby unconditionally guarantees that the Work performed at _________________________________ [insert Project] has been done in accordance with the requirements of the Contract the refor and further guarantees the Work of the Contract to be and remain free of defects in workmanship and materials for a period of one (1) year from and after City acceptance of the Work, in accordance with the General Provisions, unless a longer guarantee period is called for by the Contract Documents, in which case the terms of the longer guarantee shall govern. The Contractor hereby agrees to repair or replace any and all Work, together with any adjacent Work which may have been damaged or displaced in so doing, that may prove to be not in accordance with the requirements of the Contract or that may be defective in its workmanship or materials within the guarantee period specified, without any expense whatsoever to the City, ordinary wear and tear and u nusual abuse and neglect only excepted. The Contractor has provided contract bonds, which will remain in full force and effect during the guarantee period.

The Contractor further agrees that within ten (10) calendar days after being notified in writing by the City of any Work not in accordance with the requirements of the contract or any defects in the Work, it will commence and prosecute with due diligence all Work necessary to fulfill the terms of this guarantee, and to complete the Work within a period of time stipulated in writing.

In the event it fails to so comply, Contractor does hereby authorize the City to proceed to have such Work done at the Contractor’s expense and it will pay the cost thereof upon demand. The City shall be entitled to all costs, including reasonable attorneys’ fees, necessarily incurred upon the Contractor’s refusal to pay the above costs.

The guarantee period for corrected defective work shall continue for a duration equivalent to the original guarantee period.

Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate hazard to the health or safety of the employees of the City, or its property or licensees, the City may undertake at the Contractor’s expense without prior noti ce, all Work necessary to correct such hazardous condition when it was caused by the Work of the Contractor not being in accordance with the requirements of this contract, or being defective, and to charge the same to the Contractor as specified in the preceding paragraph.

The guarantee set forth herein is not intended by the parties, nor shall it be construed, as in any way limiting or reducing the City’s rights to enforce all terms of the Contract referenced hereinabove or the time for enforcement thereof. This guarantee is provided in addition to, and not in lieu of, the City’s rights on such contract.

CONTRACTOR’S SIGNATURE

PRINT NAME_____________________________
134

Attachment F – Page 1

ATTACHMENT F

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT

OR SUSPENSION

Contractor hereby certifies, to the best of its knowledge and belief, except as expressly disclosed on this Certificate, that:

The Contractor and all of its Principals, if any:

1. Are not presently debarred, suspended, proposed for debarment or suspension, or declared ineligible for award of the contract by any Federal, State, or local agency.

2. Have not, within a three-year period preceding the effective date of this Contract, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property.

3. Are not presently indicted for, or otherwise criminally or civilly charged by a government entity with, commission of any of the offenses enumerated in Item 2. above.

4. Has not, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal, State, or local agency.

"Principals,” for the purposes of this certification, means: officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).

Contractor shall provide immediate written notice to the City if, at any time prior to contract execution, Contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

This Certification is a material representation of fact upon which reliance will be placed when making the contract. If it is later determined that Contractor knowingly rendered an erroneous certification, in addition to other remedies available to the City, the City may terminate the Contract.

CONTRACTOR:_________________________________
Date_____________________

BY: _____________________________________
Signature
________________________________________
Type/Print Name
________________________________________
Title
135

Attachment G – Page 1

ATTACHMENT G

LABOR AND PREVAILING WAGE COMPLIANCE

1. PREVAILING WAGE
A. The Work contemplated herein constitutes a public work within the meaning of Labor Code sections 1720 and 1771. It shall be mandatory upon the Contractor and upon any Subcontractor, to pay not less than the said specified prevailing rates of wages to all workers employed by them under the Contract in accordance with Labor Code section 1774. The Director of the Department of Industrial Relations ("DIR") of the State of California has determined the general prevailing rate of wages of per diem wages in the locality in which the work is to be performed for each craft or typ e of worker needed to execute the Contract. The Contractor acknowledges that it has examined the prevailing rate of per diem wages as established by the DIR. Copies of the current schedules for prevailing wages are on file at City Hall, and the contents of those schedules are incorporated herein as if set forth in full. The Contractor shall post a copy of the applicable prevailing wage determinations at each job site, along with any other work place posters required by law.

B. The City will not recognize any claims for additional compensation because of the payment of prevailing wages. The possibility of wage increases is one of the elements to be considered by the Contractor in determining its proposal, and will not under any circumstances be considered as the basis of a claim against the City.

C. By executing this Contract Contractor warrants that it has registered with the Department of Industrial Relations in accordance with Labor Code section 1725.5.

2. PREVAILING WAGE RECORDS
A. The Contractor and each subcontractor shall keep an accurate payroll record which shows the name, address, social security number, correct work classification (in accordance with the wage decision), both straight and overtime worked each day and week, and hourly rate of pay, gross wages earned, deductions made and net wages paid to each journeyman, apprentice, worker or other employee paid by the Contractor /subcontractor in connection with the Work. These payroll records shall be certified and shall be made available at Contractor's principal office. These records shall be maintained during the course of the Work. The Contractor and all subcontractors shall make the certified payroll records available for inspection by City representatives upon request and shall permit such representatives to interview employees during the work hours on the job site.

B. The City shall notify the Contractor in writing of any discrepancies or violations that are discovered during such inspections. Written notification pursuant to this Section shall include the actions that will be necessary to resolve the discrepancies and/or violations. The Contractor shall be held entirely responsible for the prompt resolution of all non -compliances with the prevailing wage laws, including those pertaining to all subcontractors and any lower-tier subcontractors. The Contractor shall forfeit as penalty to the City the amount specified by law for each calendar day or portion thereof for each worker (whether employed by the Contractor or any subcontractor) paid less than the stipulated prevailing rates for any work done under the Contract in violation of the provisions of the Labor Code and in particular, Section 1775. 136

Attachment G – Page 2
C. To the extent applicable, Contractor and subcontractors shall maintain and furnish to the Department of Industrial Relations ("DIR"), a certified copy of each weekly payroll (but no less often than monthly), with a statement of compliance signed under penalty of perjury.

Such certified payroll reports shall be transmitted electronically to the DIR.

D. The City will not recognize any claims for additional compensation because of the payment of the prevailing wages. The possibility of wage increases is one of the elements to be considered by the Contractor in entering into the Contract, and wil l not under any circumstances, other than delays caused by the City, or the City’s agents, be considered as the basis of a claim against the City.

3. Labor Discrimination
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
“No discrimination shall be made in the employment of persons upon public works because of their race, color, national origin or ancestry, physical handicap, mental condition, marital status, or sex of such person, except as provided in Section 12940 of the Government Code, and every General Contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter.”
4 Eight-Hour Day Limitation
(a) In accordance with the provisions of the Labor Code, and in particular, Sections 1810 to 1815 thereof, inclusive, incorporated herein by reference, eight hours labor shall constitute a day's work, and no worker in the employ of Contractor, or any Subcontractor, doing or contracting to do any part of the work contemplated by the Contract, shall be required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of those provisions; provided that subject to Labor Code Section 1815, a worker may perform work in excess of either eight (8) hours per day or forty (40) hours during any one week upon compensation for all hours worked in excess of eight (8) hours per day or forty (40) hours during any one week at not less than one and one -half times the basic rate of pay.
(b) The Contractor and each Subcontractor shall also keep an accurate record showing the names and actual hours worked of all workers employed by them in connection with the Contract. This record shall be open at all reasonable hours to the inspection of the City.

It is hereby further agreed that, except as provided in (a) above, the Contractor shall forfeit as a penalty to the City the sum of twenty -five dollars ($25) for each worker employed in the performance of the Contract by the Contractor or by any of its Subcontractors for each calendar day during which such worker is required or permitted to labor more than eight (8) hours in and one calendar day and forty (40) hours in any one calendar week in violation of Sections 1810 through 1815.

5. Compliance with State Requirements for Employment of Apprentices (a) The Contractor's attention is directed to Section 1777.5 of the Labor Code.

Provisions of said Section pertaining to employment of registered apprentices are hereby incorporated by reference into this Contract. As applicable, the Contractor or any Subcontractor 137

Attachment G – Page 3
employed by the Contractor in the performance of this Contract shall take such actions as necessary to comply with the provisions of Section 1777.5.

138

Attachment H – Page 1

ATTACHMENT H

CITY OF ROCKLIN

GENERAL PROVISIONS

CHAPTER 1 TERMS AND DEFINITIONS

1-1 GENERAL

The Contract Documents are written to the Bidder before award and the Contractor after award. Before award, interpret sentences written in the imperative mode as starting with “The Bidder must” and interpret “you” as “the Bidder” and “your” as “”the Bidder’s.” After award, interpret sentences written in the imperative mode as starting with “The Contractor must” and “you as “the Contractor” and “your” as “the Contractor’s”.

Where a location is not specified with the words “shown,” “specified,” or “described”, interpret:

1. “Shown” as “shown on the plans.”

2. “Specified” as “specified in the Specifications.”

3. “Described” as “described in the Contract Documents.” “Described” means “shown, specified or both.”

Whenever the following terms, titles, or abbreviations are used in the Contract Documents, the intent and meaning shall be as herein defined. Working titles having a masculine gender, such as "workman" and "journeyman" and the pronoun "he”, are utilized in the Contract Documents for the sake of brevity, and are intended to refer to persons of either gender.

1-2 ABBREVIATIONS

AASHTO American Association of State Highway and Transportation Officials AC Asphalt Concrete
ACI American Concrete Institute
ADA Americans with Disabilities Act
AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
APA American Plywood Association
ARB California Air Resources Board
ASA American Standards Association
ASME American Society of Mechanical Engineers
ASTM American Society for Testing and Materials
AT&T American Telephone and Telegraph
AWG American Wire Gage
AWS American Welding Society
AWWA American Water Works Association
BMP Best Management Practice
California-
MUTCD California Manual of Uniform Traffic Control Devices Cal-OSHA California Occupational Safety and Health Administration Caltrans California Department of Transportation
CDFW California Department of Fish and Wildlife
139

Attachment H – Page 2
CEQA California Environmental Quality Act of 1970
CL Centerline
CPM Critical Path Method
CSI Construction Specifications Institute
CWA Clean Water Act
CY Cubic Yards
DI Drop Inlet
DIR California Department of Industrial Relations
DLSE Division of Labor Standards Enforcement
DWR Daily Work Report
EA Each
EP Edge of Pavement
ESCP Erosion and Sediment Control Plan
FS Federal Specifications
LF Linear Feet
LS Lump Sum
MSDS Material Safety Data Sheet
NEC National Electrical Code
NEMA National Electrical Manufacturers Association
OSHA Occupational Safety and Health Act
OPRL DIR, Director’s Office of Policy, Research and Legislation PCC Portland Cement Concrete
PG&E Pacific Gas & Electric
PS Pump Station
QC Quality Control
QSD Qualified SWPPP Developer
QSP Qualified SWPPP Practitioner
SD Storm Drain or Storm Drainage
SF Square Foot/Feet
SS Sanitary Sewer
STA Station
SWPPP Storm Water Pollution Prevention Plan
SWRCB State Water Resources Control Board
TCP Traffic Control Plan
Title 8 Title 8 (Construction Safety Orders) of the California Code of Regulations Title 19 Title 19 (Public Safety) of the California Code of Regulations Title 24 Title 24 (Building Standards) of the California Code of Regulations TOC Top of Curb
Typ. or TYP Typical
UL Underwriters' Laboratories, Inc.

UBC Uniform Building Code (latest edition)
UMC Uniform Mechanical Code (latest edition)
UPC Uniform Plumbing Code (latest edition)
USA Underground Service Alert

1-3 DEFINITIONS

Acceptance, Final Acceptance – Formal action of the City of Rocklin in determining that the Contractor's work has been completed in accordance with the Contract Documents and in notifying the Contractor in writing of the acceptability of the Work. 140

Attachment H – Page 3

Acts of God – "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes in excess of a magnitude of 3.5 on the Richter Scale, tidal waves, flooding, tornadoes and hurricanes.

Addenda – Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the bidding requirements or the proposed Contract Documents.

Agreement – The written agreement signed by the City and the Contractor covering the Work and the furnishing of labor, materials, tools, equipment, supplies, transportation, supervision, resources, and everything necessary to complete the Work.

Allowance – An amount of money set aside under the Contract for a special purpose identified in the Contract.

Architect, Consulting Engineer and/or Construction Manager – A person or persons, firm, partnership, joint venture, corporation, or combination thereof or authorized representative thereof, acting in the capacity of Contractor to the City. The Architect or Consulting Engineer or Construction Manager shall issue directions to the Contractor only through the City. When the Contract Documents require that approval be obtained from the Architect or Consulting Engineer or Construction Manager, such approval shall be requested from and be given by the City.

As Shown, Etc. – Where "as shown", "as latest indicated", "as detailed", or words of similar import are used, the reference is to the Contract unless specifically stated otherwise. Where "as directed", "as permitted", "approved", or words of similar import are used, they shall mean the written direction, permission, or approval of the City.

Bid – When submitted on the prescribed bid form, properly signed and guaranteed, the Bid constitutes the offer of the Bidder to complete the Work at the price shown on the Bidder’s bid form.

Bidder – Any person, persons, firm, partnership, joint venture, corporation, limited liability company or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative.

Bid Documents – The sum of the documents that comprise the Bid by a Bidder to perform the Work.

Bid Form – The approved form, which includes a sum of required documents, upon which the City requires a formal Bid be prepared and submitted for the Work. See BID FORM.

Bid Guarantee – The cash, cashier’s check, certified check, or Bidder’s bond accompanying the Bid submitted by the Bidder as a guaranty that the Bidder will enter into a Contract with the City for the performance of the Work if the Contract is awarded to the Bidder.

Bid Item – Individual line items to be included in the Bid, as set forth on the Bid Form.

Bid Opening – Not applicable

Calendar Day – Every day shown on the calendar. When the Contract Time is stated in 141

Attachment H – Page 4
Calendar Days, every day will be charged toward the Contract Time.

Change Order – A Contract amendment approved by the City that includes, but is not limited to, alterations, deviations, additions to, or deletions from, the Contract which are required for the proper completion of the Work. A Change Order may or may not include adjustments to the Contract Time and/or to the Total Contract Price.

City – Shall mean the City of Rocklin, acting through its authorized representatives.

City Council – The City Council of the City of Rocklin, a political subdivision of the State of California. Also referred to as “Council”.

City of Rocklin Construction Standard Specifications – the City’s standard specifications for construction, located on the City’s website.

City of Rocklin Improvement Standards– the City’s standard requirement for improvement projects, located on the City’s website.

Completion – The point in the Project at which the Work is 100% performed.

Construction Change Directive (CCD) – A written order to the Contractor, issued after execution of the Contract, signed by the City or the Owner’s Representative directing a change in the Work and stating a proposed basis for adjustment, if any, in the Total Contract Price or Contract Time, or both, and which shall be used in the absence of total agreement with the Contractor on the terms of a Change Order or when time does not permit processing of a Change Order prior to implementation of the change.

Contract – The entire binding agreement and contract between the City and Contractor relating to the Project, including the Agreement, and all documents incorporated into the Agreement by reference, and all Contract Documents.

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

Contract Commencement Date – The date established in the Notice to Proceed. If there is no Notice to Proceed, it shall be the date of the executed Agreement for Construction or such other date as may be established therein.

Contract Completion Date – The date by which the Contract requires Completion.

Contract Schedule – The schedule produced by the Contractor in response to the 142

Attachment H – Page 5
requirements of the Contract Documents.

Contract Time – The time stated in the Contract for completion of the Work. The Contract Time may be a single allotment of time, a group of times specific to portions of the Work, or a combination of the two.

Contractor – The person or persons, firm, partnership, joint venture, corporation, or combination thereof, private or municipal, who (that) has (have) entered into a Contract, as defined in the Contract Documents, with the City.

Day – Any reference to “day” or “days” without expressly stating whether they are “working days” or “calendar days” shall be construed to mean calendar days.

Director – The person appointed by the City Manager for the City of Rocklin for the department through which the Project will be procured.

Drawings – Also referred to as “Plans”. The Project Plans, Standard Drawings, drawings, profiles, typical cross sections, general cross sections, Working Drawings and supplemental drawings, plates or reproductions thereof, approved by the City, which show the locations, character, dimensions and details of the Work to be performed. Once approved, all such drawings are incorporated into and become a part of the Contract Documents whether or not reproduced in the Special Provisions.

In the above definition, the following terms are defined as follows:

A. Project Plans: The project plans and specific details and dimensions particular to the Work and as supplemented by the Standard Drawings insofar as the same may apply.

Engineer – The City Engineer of the City of Rocklin for which work will be done under these Contract Documents, acting personally or through agents or assistants duly authorized by the Engineer.

Estimated Quantities – The list of items of Work and the estimated quantities associated with the Work. The Estimated Quantities provide the basis for the Bid.

Field Directive – Written documentation of the actions of the City in directing the Contractor.

Also referred to as a “Directive.”

General Provisions – Specific clauses that are part of the Contract and are located in Chapters 1-11. They assist in the governing of the Contract and in the contract performance, setting forth conditions and requirements of the Contractor and the City.

General Requirements – The part of the Contract Documents establishing special conditions or requirements particular to the Work and general clauses that establish how the Project is to be administered and supplementary to the General Provisions and Special Provisions.

Hazardous Waste – The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time.

Inspector – The person or persons authorized to act as agent(s) for the City in the 143

Attachment H – Page 6
inspection of the Work.

Invitation for Bids – The written notice whereby interested parties are informed of the date, location, and time of the Bid Opening of a proposed City Project and the terms and conditions of submitting Bids to perform the Work. Also called Notice to Contractors.

Legal Holidays – Legal holidays shall include the following holidays designated by the City:

New Year's Day, Martin Luther King Day, President’s Day, Cesar Chavez Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve, and Christmas Day.

Notice to Contractors – Same as Invitation for Bids.

Notice To Proceed – The written authorization by the City to the Contractor specifying the date the Work may begin and any conditions regarding the beginning of the Work.

Plans – See “Drawings.”

Progress Schedule – A schedule prepared and maintained by the Contractor indicating the current status of the Work and the projected activities, tasks and durations planned to complete the Work in accordance with the Contract Time of Completion dates.

Owner’s Representative – The City’s designated agent engaged to perform all functions delegated to the Owner’s Representative by the Contract Documents. The Owner’s Representative may or may not be the Project Manager or a construction manager. The Owner’s Representative will be the Contractor’s primary contact during construction of the Project.

Project – Shall mean the Work.

Project Manager – The City’s employee assigned to oversee the Project on a daily basis.

Proposed Change Order (PCO) – A document issued by the Contractor proposing a change to the Work and stating a proposed basis for adjustment, if any, in the Total Contract Price Contract Time, or both. A PCO shall be used by the Contractor to respond to a Request for Proposal. A PCO is not effective to authorize the proposed change to the Work, to the Total Contract Price or to the Contract Time unless it is accepted in writing by the City.

Record Drawings – Drawings prepared by the Contractor that document changes to, additions to, or deductions from the Plans, and which represent the Work as constructed, including, but not limited to, existing utilities found during construction of the Work.

Reference to Codes – Unless otherwise noted, all references to statutes are to the laws of the State of California and/or of the United States as codified in the various specified codes.

Request for Information (RFI) – A document issued by the Contractor seeking clarification and/or additional information regarding an aspect of the Work. An RFI is not to be used to request materials/equipment substitutions or value engineering/cost reduction incentive proposals. The response to the RFI does not constitute authorization or direction to proceed with any changed or additional work. Changed or additional work must be separately authorized by the City.
144

Attachment H – Page 7

Request for Proposal (RFP) – A document issued by the Owner’s Representative requesting pricing information and/or a proposed adjustment in Contract Time for a described scope of work. An RFP is not a Change Order, a CCD or a direction to proceed with the scope of work described in the RFP. The Contractor’s response to the RFP shall be in the form of a Proposed Change Order.

Schedule of Submittals – A schedule prepared and maintained by the Contractor of required submittals and the time requirements to support scheduled performance of related construction activities.

Schedule of Values – A statement furnished by the Contractor to the City reflecting the portions of the Total Contract Price allotted for the various parts of the Work for each work activity contained on the Contract Schedule. Unless otherwise indicated in the Specifications, the total of the Schedule of Values shall equal the full cost of the Work, including all labor, material, equipment, overhead, and profit. For lump sum contracts, the Schedule of Values is the basis for reviewing the Contractor's application for progress payments.

Special Provisions – The Special Provisions are specific clauses setting forth conditions or requirements particular to the Work.

Specifications – The directions, provisions, and requirements contained herein. When the term “Specifications" or "these Specifications" is used, it means the provisions as set forth herein, together with any amendments or revisions that may be set forth in the Special Provisions. The Specifications are comprised of “General Provisions”, Special Provisions”, “General Requirements” and “Technical Specifications”.

Standard Drawings – The City of Rocklin Construction Specifications, Improvement Standards and Standard Drawings, which are incorporated into the Standard Construction Specifications, and made a part of the Plans by reference to one or more specific Standard Drawings.

State – The State of California.

State Specifications – Unless otherwise stated in the Special Provisions, the version of the Standard Specifications of the State of California, Department of Transportation, in effect at the time of Notice to Contractors.

State Plans – Unless otherwise stated in the Special Provisions, the version of the Standard Plans of the State of California, Department of Transportation, in effect at the time of Notice to Contractors.

Subcontractor – A properly licensed party under contract to and responsible to the Contractor for performing a specified part of the Work; or a properly licensed party under contract and responsible to a Subcontractor of the Contractor.

Substantial Completion – The stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so City can occupy or utilize the Work for its intended use, and only minor corrective Work remains to be performed, all required approvals, certificates of occupancy and other sign-off from any other public agencies with jurisdiction have been obtained, (provided such approvals 145

Attachment H – Page 8
are not delayed as a result of causes unrelated to Contractor’s or its Subcontractors', sub- subcontractors', or suppliers' performance or failure to perform the Work or to satisfy its obligations under the Contract Documents) and Contractor has cleaned up and removed all equipment, tools and other materials from the Work area. Contractor shall secure and deliver to City written warranties and guaranties from its Subcontractors, sub-subcontractors and suppliers bearing the date of Substantial Completion or some other date as may be agreed to by City and stating the period of warranty as required by the Contract Documents.

Supplemental Drawing – Supplemental Drawings define the Plans or Specifications in greater detail by providing additional information that may have not been specifically or clearly shown or called out on the Plans or in the Specifications.

Technical Specifications – The provisions of the Specifications that describe the technical aspects of the Work, including all technical references contained therein.

Total Bid Price – The aggregate sum of the Bid, including all additive items.

Total Contract Price – The total price for the Work as bid by the Contractor, including any additions or subtractions made via Change Orders.

Work – All obligations and/or actions which the Contractor is contractually required to fulfill and/or perform as specified, indicated, shown, contemplated, or implied in the Contract, including but not limited to (1) all alterations, amendments, or extensions made by Change Order or other written directives or directives of the City; (2) furnishing of all materials, supplies, equipment, tools, labor, transportation, supervision, and all incidentals necessary to perform all tasks required by the Contract; (3) all tasks, duties and obligations required by the Contract; and (4) closing documents for the Project such as complete Record Drawings and submission of all manuals.

Working Day – Any day except: (a) Saturdays, Sundays, and City Legal Holidays; (b) days on which the Contractor is specifically required by the Special Provisions or by law to suspend construction operations; or (c) days on which the Contractor is prevented from proceeding with the current controlling operation or operations of the Work for at least five (5) hours per day due to inclement weather, or conditions resulting immediately therefrom.

Working Drawing – Working Drawings detail a particular item of work and the manner in which it is to be accomplished or performed. Working Drawings are prepared by the Contractor as a submittal or a portion of a submittal and may be specifically requested by the City or required in the Contract or a Field Directive or other written directive.

CHAPTER 2 – RESERVED (INTENTIONALLY LEFT BLANK)

CHAPTER 3 - 3-9 - INSURANCE

3-9.01 General Liability ............................................................................................. 9 3-9.02 Automobile Liability ........................................................................................ 9 3-9.03 Workers' Compensation ............................................................................... 10 3-9.04 Excess or Umbrella Liability .......................................................................... 10 146

Attachment H – Page 9
3-9.04.A Contractor’s Equipment ............................................................................. 10 3-9.04.B Railroad Protective Liability ........................................................................ 10 3-9.04.C Builder’s Risk Insurance ............................................................................ 11 3-9.04.D Environmental Liability Insurance ............................................................... 12 3-9.04.E Other Provisions ....................................................................................... 12 3-9.05 Notification of Accident or Occurrence ........................................................... 14 3-9.06 Notification of Claim ..................................................................................... 15

3-9 INSURANCE

The Contractor shall procure, maintain, and keep in force at all times during the term of the Contract in insurance companies acceptable to the City, at the Contractor’s sole expense, the following insurance:

3-9.01 General Liability

General Liability insurance including, but not limited to, protection for claims of bodily injury and property damage liability, personal and advertising injury liability, contractual liability applicable to the Contractor’s assumed liability under the Contract, and products and completed operations liability. Coverage shall be at least as broad as “Insurance Services Office Commercial General Liability Coverage Form CG 0001” (occurrence). The limits of liability shall be not less than:

Each Occurrence Two Million Dollars ($2,000,000) combined single limits for Bodily Injury and Property Damage

Personal and Advertising Injury One Million Dollars ($1,000,000)

Products and Completed
Operations Aggregate One Million Dollars ($1,000,000) combined single Limits for Bodily Injury and Property Damage

General Aggregate Four Million Dollars ($4,000,000) combined single limits for Bodily Injury and Property Damage

Fire Damage One Hundred Thousand Dollars ($100,000)

The policy shall provide coverage for claims arising out of subsidence.

The Contractor shall procure and maintain Products and Completed Operations Coverage with a carrier acceptable to the City through the expiration of the patent deficiency in the statute of repose set forth in the Code of Civil Procedure section 337.1.

3-9.02 Automobile Liability

Automobile Liability insurance providing protection against claims of bodily injury and property damage arising out of ownership, operation, maintenance, or use of owned, hired, 147

Attachment H – Page 10
and non-owned automobiles. Coverage shall be at least as broad as “Insurance Services Office Business Auto Coverage Form CA 0001,” symbol 1 (any auto). The limits of liability shall not be less than:

Bodily Injury and Property Damage
Combined Single Limit One Million Dollars ($1,000,000)

3-9.03 Workers' Compensation

Workers' Compensation insurance, with coverage as required by the State of California (unless the Contractor is a qualified self-insurer with the State of California), and Employers’ Liability coverage. The limits of Employers’ Liability shall not be less than:

Each Accident One Million Dollars ($1,000,000)
Disease Each Employee One Million Dollars ($1,000,000) Disease Policy Limit One Million Dollars ($1,000,000)

The Workers’ Compensation policy required hereunder shall be endorsed to state that the Workers’ Compensation carrier waives its right of subrogation against the City, its officers, officials, employees, agents or volunteers.

In the event the Contractor is self-insured, the Contractor shall furnish a Certificate of Permission to Self-Insure by the Department of Industrial Relations Administration of Self- Insurance, Sacramento. Contractor shall provide evidence of waiver of its right of subrogation against the City, its offices, officials, employees, agents or volunteers as a self-insurer.

3-9.04 Excess or Umbrella Liability

If the Special Provisions require limits of insurance greater than those specified in the General Provisions, the Contractor shall maintain excess or umbrella liability insurance providing excess coverage at least as broad as the underlying coverage for General Liability, Automobile and Employer’s Liability with a limit equal to the amount stated in the Special Provisions per occurrence and aggregate.

3-9.04.A Contractor’s Equipment

The Contractor, and each of its Subcontractors, shall separately insure its own equipment for loss and damage. The Contractor’s Property and Inland Marine policies shall include, or be endorsed to include, a waiver of subrogation against the City, its officers, officials, employees, agents, and volunteers which might arise by reason of damage to the Contractor’s property or equipment (owned, leased or borrowed) in connection with work performed under this Contract by the Contractor.

3-9.04.B Railroad Protective Liability

148

Attachment H – Page 11
3-9.04.C Builder’s Risk Insurance

When stated as a requirement in the Special Provisions, the Contractor shall procure, maintain, and keep in force at all times during the term of the Contract and until the date of transfer of the insurable interest to and acceptance by the City, at the Contractor’s sole expense, Builder's Risk insurance with limits of liability equal to one hundred percent (100%) of the full replacement cost of the Work.

1. Coverage shall be written on a Replacement Cost basis without application of coinsurance and shall cover the Project sites against losses included in perils usually included in a “Special Form” policy format in addition the policy shall include:

a. Earthquake and Land Movement and Flood.

b. Loss that ensues from design error, defective materials, or faulty workmanship.

c. Mechanical breakdown or electrical damage, including testing, magnetic disturbance and changes in temperature or humidity disturbance, and changes in temperature or humidity.

The property covered shall include the Work, including any materials, equipment, or other items to be incorporated therein while the same are located at the construction site, stored off site, while in transit or at the place of manufacture. In addition, the policy shall cover collapse, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for architects, engineers and other design professionals required as a result of such insured loss. The policy shall contain a provision that the interests of the City and the Contractor, Subcontractors and material suppliers are insureds under the policy and that any loss shall be payable to the insureds as their interests may appear.

When stated as a requirement in the Special Provisions, Builder’s Risk Insurance shall include Delay in Opening coverage with limits of liability, and for the period of time, as set forth in the Special Provisions. Coverage shall include debt service, expense, loss of earnings or rental income or other loss incurred by the City, without deduction, due to the failure of the Project being completed on schedule.

2. The maximum deductible for earthquake, land movement and flood allowable under this policy shall be five percent (5%) of replacement value at risk at the time loss. A one hundred thousand dollars ($100,000) minimum is acceptable.

The maximum deductible for all other perils allowable under this policy shall be ten thousand dollars ($10,000). All deductibles shall be borne solely by the Contractor, Subcontractors, or material suppliers, and the City shall not be responsible to pay any deductible, in whole or in part.

3. The City and the Contractor waive all rights against each other and against all other contractors for loss or damage to the extent reimbursed by Builder’s Risk 149

Attachment H – Page 12
insurance or any other property or equipment insurance applicable to the Work, except such rights as they may have to the proceeds of such insurance. If the policies of insurance referred to in this section require an endorsement or consent of the insurance company to provide for continued coverage where there is a waiver of subrogation, the owners of such policies will cause them to be so endorsed to obtain such consent.

4. If not covered by Builder’s Risk insurance or any other property or equipment insurance required by this Contract, the Contractor shall procure, maintain, and keep in force at all times during the term of the Contract, at the Contractor’s sole expense, property insurance for portions of the Contractor's work and/or equipment to be incorporated therein stored offsite or in transit.

3-9.04.D Environmental Liability Insurance

When stated as a requirement in the Special Provisions, the Contractor shall procure, maintain, and keep in force at all times during the term of the Contract, at the Contractor’s sole expense, Environmental Liability insurance, using an occurrence form (Claims Made forms at not acceptable unless expressly allowed by the City), which includes coverage for sudden and accidental pollution arising out of the handling of hazardous materials or hazardous wastes; non-hazardous materials or non-hazardous wastes that, when released into the environment, violate regulatory standards of the Federal, State or Local Government; and coverage for liability arising out of the handling of asbestos.

If coverage for Environmental Liability insurance is allowed by the City to be written on a claims-made form, the following provisions apply:

Limit of coverage shall be not less than ten million dollars combined single limits for Bodily Injury and Property Damage ($10,000,000).

Insurance must be maintained and evidence of insurance must be provided for at least four (4) years after completion of the Work. Additional provisions, including Project specific coverage may be required at the sole discretion of the City.

3-9.04.E Other Provisions

1. The Contractor's General Liability, Automobile Liability, and any Excess or Umbrella Liability or other insurances required in the Special Provisions, shall contain the following provisions:

a. The City, its officers, officials, employees, agents, and volunteers shall be covered as additional insureds as respects liability arising out of the activities performed by or on behalf of the Contractor, products and completed operations of the Contractor, premises owned, occupied, or used by the Contractor, or automobiles owned, leased, hired, or borrowed by the Contractor. The policy shall contain no special limitations on the scope of coverage afforded to the City, its officers, officials, employees, agents, or volunteers.

b. For any claims related to this Contract, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, 150

Attachment H – Page 13
officials, employees, agents, or volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.

c. Any failure to comply with reporting or other provisions of the policies on the part of the Contractor, including breaches of warranties, shall not affect coverage provided to the City, its officers, officials, employees, agents, or volunteers.

2. The Contractor's General Liability and any Excess or Umbrella Liability insurance policies shall contain an endorsement stating that any aggregate limits shall apply separately to the Work.

3. The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

4. Each insurance policy by endorsement or provision shall state that coverage shall not be suspended, voided, cancelled, reduced in scope of coverage or in limits, non-renewed, or materially changed unless the insurer(s) provide thirty (30) Calendar Days written notice by certified mail to the City prior to such change. Ten (10) Calendar Days prior written notice by certified mail shall be given to the City in the event of cancellation due to nonpayment of premium.

5. All of the Contractor's insurance coverage, except as noted below, shall be placed with insurance companies with a current A.M. Best rating of at least A-IX.

Exception: Workers' Compensation which is provided through a State Compensation Insurance Fund or a qualified self-insurer for Workers' Compensation under California law.

6. The Contractor shall sign and file with the City the following certification prior to commencing performance of the work of the Contract:

“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self -insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

Said certification is included in the Contract, and signature and return of the Contract shall constitute signing and filing of the said certification.

7. The City, at its discretion, may require new types of insurance coverage or increase the limits of insurance coverage required hereunder at any time during the term of the Contract by giving thirty (30) Calendar Days written notice to the Contractor. Contractor shall immediately procure such insurance or increase the limits of coverage and provide certificates of insurance, including copies of all required endorsements, to the City within thirty (30) Calendar Days of receipt 151

Attachment H – Page 14
of the City’s request.

8. The required insurance coverage shall be subject to the approval of the City, but any acceptance of insurance certificates by the City shall in no way limit or relieve the Contractor of its duties and responsibilities in this Contract.

9. If the Contractor fails to procure or maintain insurance as required by this Section 3-9 and each of its subsections and any Special Provisions, or fails to furnish the City with proof of such insurance, the City, at its discretion, may procure any or all such insurance. Premiums for such insurance procured by the City shall be deducted and retained from any sums due the Contractor under the Contract. Failure of the City to obtain such insurance shall in no way relieve the Contractor from any of the Contractor’s responsibilities under the Contract. Any failure of the Contractor to maintain any item of the required insurance is sufficient cause for termination of the Contract as a material breach.

10. The making of progress payments to the Contractor shall not be construed as relieving the Contractor of responsibility for loss or damage, or destruction occurring prior to final acceptance by the City. Partial payment does not constitute partial acceptance.

11. The City is authorized to execute amendments and waivers, with or without conditions, to the insurance requirements of the Contract. The City will provide such amendments or waivers in writing to the Contractor.

12. The Contractor is responsible for the acts and omission of all of its Subcontractors and shall require all of its Subcontractors to maintain adequate insurance.

The failure of the City to enforce in a timely manner any of the provisions of this Section 3-9 and/or any of its subsections shall not act as a waiver to enforcement of any of these provisions at any time during the term of the Contract.

3-9.04.F Deductibles and Self-Insurance Retention

Any deductible or self-insured retention over $10,000 that applies to General Liability or Automobile Liability must be declared to and approved by the City.

3-9.05 Notification of Accident or Occurrence

The Contractor shall report by telephone to the City within twenty-four (24) hours and also report in writing to the City within fifteen (15) Calendar Days after the Contractor or any Subcontractors or agents have knowledge of any accident or occurrence involving death of or injury to any person or persons, or damage in excess of ten thousand dollars ($10,000) to the Work, property of the City or others, arising out of any work done by or on behalf of the Contractor as part of the Contract. Such report shall contain:

1. The date and time of the occurrence,

2. The names and addresses of all persons involved, and 152

Attachment H – Page 15

3. A description of the accident or occurrence and the nature and extent of injury or damage.

3-9.06 Notification of Claim

If any claim for damages is filed with the Contractor or if any lawsuit is instituted against the Contractor, that arises out of or is in any way connected with the Contractor’s performance under this Contract and that in any way, directly or indirectly, contingently or otherwise, affects or might reasonably affect the City, Contractor shall give prompt and timely notice thereof to the City. Notice shall be prompt and timely if given within thirty (30) Calendar Days following the date of receipt of a claim or ten (10) Calendar Days following the date of service of process of a lawsuit.

CHAPTER 4 – RESERVED (INTENTIONALLY LEFT BLANK)

CHAPTER 5 - CONTROL OF WORK AND MATERIALS

TABLE OF CONTENTS

5-1 AUTHORITY OF CITY ............................................................................................................................... 16 5-2 ATTENTION AND COOPERATION OF CONTRACTOR ..................................................................... 16 5-3 SUGGESTIONS TO CONTRACTOR ...................................................................................................... 16 5-4 SEPARATE CONTRACTS ....................................................................................................................... 16 5-5 COOPERATION WITH OTHER CONTRACTORS ................................................................................ 16 5-6 CONTRACTOR’S DISMISSAL OF UNSATISFACTORY EMPLOYEES ........................................... 17 5-7 CONTRACTOR'S EQUIPMENT .............................................................................................................. 17 5-8 INTENTIONALLY LEFT BLANK ............................................................................................................. 17 5-9 DAILY REPORTS ....................................................................................................................................... 17 5-10 INTENTIONALLY LEFT BLANK ........................................................................................................... 18 5-11 RESPONSIBILITY FOR ACCURACY ................................................................................................... 18 5-12 DUTIES AND POWERS OF INSPECTORS ......................................................................................... 18 5-13 INSPECTION ............................................................................................................................................ 18 5-14 QUALITY OF MATERIALS AND WORKMANSHIP ........................................................................... 19 5-15 SUBSTITUTIONS..................................................................................................................................... 19 5-15.01 Written Request ............................................................................................................................ 19 5-16 INTENTIONALLY LEFT BLANK ........................................................................................................... 20 5-17 INTENTIONALLY LEFT BLANK ........................................................................................................... 20 5-18 APPROVAL OF MATERIALS OR EQUIPMENT ................................................................................. 20 5-18.01 Sources Of Supply....................................................................................................................... 20 5-18.02 Plant Inspection ........................................................................................................................... 20 5-19 PROVISIONS FOR EMERGENCIES .................................................................................................... 20 5-20 RIGHT TO RETAIN IMPERFECT WORK ............................................................................................. 21 5-21 REMOVAL OF REJECTED MATERIALS OR WORK ........................................................................ 21 5-22 TEMPORARY SUSPENSION OR DELAY OF WORK ....................................................................... 21 5-23 TERMINATION OF CONTRACT ........................................................................................................... 21 5-23.01 Reasons for Termination .......................................................................................................... 21 5-23.01.A Termination for Convenience ............................................................................................... 21 5-23.01.B Termination for Cause ............................................................................................................ 22 5-23.02 Termination After Contract Time ............................................................................................ 22 153

Attachment H – Page 16
5-23.03 Notice of Termination; City Completion ................................................................................ 23 5-23.04 Payments to Contractor Upon Termination of Contract .................................................... 24 5-23.05 Completion Not a Waiver of City Rights ................................................................................ 25 5-23.06 Survival of Obligations ............................................................................................................... 25 5-24 TERMINATION OF UNSATISFACTORY SUBCONTRACTS ........................................................... 25

5-1 AUTHORITY OF CITY

The City will decide all questions regarding the quality and acceptability of materials furnished, work performed, and rate of progress of the Work. The City will decide all questions regarding the interpretation and fulfillment of the Contract on the part of the Contractor, and all questions as to the rights of different contractors that may be involved with the Work.

The City will determine the amount and quality of the Work performed and materials furnished for which payment is to be made under the Contract.

The City will administer its authority through a duly designated representative identified at the preconstruction meeting. The Contractor and the City representative shall make good faith attempts to resolve disputes that arise during the performance of the Work.

Any order given by the City not otherwise required by the Contract to be in writing will be given or confirmed by the City in writing at the Contractor’s request. Such request shall state the specific subject of the decision, directive, instruction, or notice and, if it has been given orally, its date, time, place, author and recipient.

5-2 ATTENTION AND COOPERATION OF CONTRACTOR

The Contractor shall comply with any written instruction delivered to the Contractor or the Contractor’s authorized representative by appropriately authorized representatives of the City.

5-3 SUGGESTIONS TO CONTRACTOR

Any plan or method suggested to the Contractor by the City, but not specified or required in writing, if adopted or followed in whole or in part by the Contractor, shall be used at the risk and responsibility of the Contractor. The City assumes no responsibility.

5-4 SEPARATE CONTRACTS

The City reserves the right to award other contracts in connection with the Work. The Contractor shall afford other contractors reasonable opportunity for the delivery and storage of their materials and the execution of their work and shall properly connect and coordinate its work with the other contractors.

If any part of the Contractor's work depends upon the work of any other contractor for proper execution or results, the Contractor shall inspect and promptly report to the City any defects in such work that render the other contractor’s work unsuitable for proper execution and results.

The Contractor's failure to so inspect and promptly report shall constitute an acceptance of the other contractor's work as fit and proper for the reception of the Contractor's work, unless defects develop in the other contractor's work after the execution of the Contractor's work.

5-5 COOPERATION WITH OTHER CONTRACTORS
154

Attachment H – Page 17

Other contractors and other forces, including the City and/or adjacent property owners may perform work adjacent to or within the Work area concurrent with the Contractor's operations.

The Contractor shall conduct operations to minimize interference with the work of other forces or contractors. Any disputes or conflicts between the Contractor and other forces or contractors retained by the City which create delays or hindrance to each other shall be referred to the City for resolution. If the Contractor’s work is delayed because of the acts or omissions of any other force or contractor, the Contractor shall have no claim against the City other than for an extension of time (see Section 7-18, ”Extension of Time”, of these General Provisions).

5-6 CONTRACTOR’S DISMISSAL OF UNSATISFACTORY EMPLOYEES

If any person employed by the Contractor or any Subcontractor shall fail or refuse to carry out the directions of the City or the provisions of the Contract, or is, in the opinion of the City, incompetent, unfaithful, intemperate, or disorderly; or uses threatening or abusive language or conduct to any person on or associated with the Work or with the public; or is acting or working in a manner that compromises the safety of the public, Work or persons or property involved with the Work, or is otherwise unsatisfactory, the Contractor shall, when requested by the City, remove the worker from the Work site immediately, and shall not again employ the removed worker on the Work except with the written consent of the City.

5-7 CONTRACTOR'S EQUIPMENT

The Contractor shall provide adequate and suitable equipment, labor, and means of construction to meet all the requirements of the Work, including completion within the Contract Time. Only equipment suitable to produce the quality of work required will be permitted to operate on the Project. Specific types of equipment may be requested by the City on component parts of the Work.

The City may, at the City's option, permit the use of new or improved equipment, at the Contractor’s cost. If such permission is granted, it is understood that it is granted for the purpose of testing the quality and continuous attainment of work produced by the equipment, and the City shall have the right to withdraw such permission at any time that the City determines that the alternative equipment is not producing work that is equal in all respects to that specified, or will not complete the Work in the time specified in the Contract. The cost for mobilizing and demobilizing new or improved equipment shall be borne by the Contractor.

In any case where the use of a particular type or piece of equipment has been banned, or in cases where the City has condemned for use on the Work any piece or pieces of equipment, the Contractor shall promptly remove such equipment from the site of the Work at its cost.

Failure to do so within a reasonable time may be considered a breach of contract. The cost for mobilizing and demobilizing replacement equipment shall be borne by the Contractor.

5-8 INTENTIONALLY LEFT BLANK

5-9 DAILY REPORTS

No less than on a weekly basis, the Contractor shall submit, upon request of the City, to the City daily reports, which shall include, without limitation, the identity of Subcontractors on the site, an accurate headcount of workers on the site, materials and equipment delivered to the 155

Attachment H – Page 18
site, visitors to the site, work performed, and any problems encountered.

5-10 INTENTIONALLY LEFT BLANK

5-11 RESPONSIBILITY FOR ACCURACY

The Contractor shall obtain all necessary measurements for and from the Work, and shall check dimensions, elevations, and grades for all layout and construction work and shall supervise such work; the accuracy for all of which the Contractor shall be responsible. The Contractor is responsible for adjusting, correcting, and coordinating the work of all Subcontractors so that no discrepancies result.

5-12 DUTIES AND POWERS OF INSPECTORS

Inspectors are the authorized representatives of the City. Their duty is to inspect materials and workmanship of those portions of the Work to which they are assigned, either individually or collectively, under instructions of the City, and to report all deviations from the Contract.

City work site inspections will only be conducted Monday through Thursday from 7AM to 3:30PM, excluding City Holidays. Any inspections outside of these hours shall be requested at least three (3) days prior, must be approved by the Project Manager, and all costs associated with the inspections shall be paid by the Contractor. 5-13 INSPECTION

The inspection of the Work does not relieve the Contractor of the obligation to fulfill all Contract requirements. The purpose of inspection is not to assure Contractor that all of the Work is meeting all of the Contract requirements.

All work and materials furnished pursuant to the Contract shall be subject to inspection and approval by the City. The Contractor shall provide the City and Inspectors with access to the Work during construction and shall furnish every reasonable facility and assistance for ascertaining that the materials, equipment and the workmanship are in accordance with the requirements and intent of the Contract. Any work, materials, or equipment not meeting the requirements and intent of the Contract will be rejected, and unsuitable work, equipment or materials shall be made good, notwithstanding the fact that such work, materials or equipment may have been previously inspected or approved and /or payment may have been made. The Contractor shall be solely responsible for any costs associated with the removal of any defective work, equipment or materials discovered during the inspection and the complete cost of reconstruction.

Unless authorized in writing by the City, any work done in the absence of an Inspector, whether completed or in progress, shall be subject to inspection. The Contractor shall furnish all tools, labor, materials, access facilities, and other facilities necessary to allow such inspection, even to the extent of uncovering or taking down completed portions of the Work.

The Contractor shall pay all costs incurred, whether or not any defective work is discovered.

The Contractor shall also be solely responsible for any costs associated with the removal of any defective work discovered during the inspection and the complete cost of reconstruction.

Reexamination of any part of the Work may be ordered by the City, and such part of the Work shall be uncovered by the Contractor. The Contractor shall pay the entire cost of such 156

Attachment H – Page 19
uncovering, reexamination, and replacement if the reexamined work does not conform to the Contract.

The Contractor shall notify the City of the time and place of any factory tests and submit test procedures for approval thirty (30) Calendar Days in advance for any tests that are required by the Contract. The Contractor shall report the time and place of preparation, manufacture or construction of any material for the Work, or any part of the Work, that the City wishes to inspect. The Contractor shall give five (5) Working Days’ notice in advance of the beginning of work on any such material or of the beginning of any such test to allow the City to make arrangements for inspecting and testing or witnessing.

5-14 QUALITY OF MATERIALS AND WORKMANSHIP

Unless otherwise allowed or required by the Special Provisions, all equipment and materials shall be new and of a quality at least equal to that specified. All workmanship shall also be of the highest qualify. When the Contractor is required to furnish equipment, materials or manufactured articles or shall do work for which no detailed specifications are set forth, the equipment, materials or manufactured articles shall be of the best grade in quality and workmanship obtainable in the market. If not ordinarily carried in stock, the articles shall conform to the usual standards for first-class materials or articles of the kind required. The work performed shall secure the best standard of construction and equipment of the Work as a whole or in part.

Materials shall be furnished in sufficient quantities and at such times to ensure uninterrupted progress of the Work. All required spare parts shall be delivered in new condition, not in a used or unknown condition, and with any certificates required. Materials, supplies, and equipment shall be stored properly and protected as required. The Contractor shall be entirely responsible for damage or loss by weather or other causes.

5-15 SUBSTITUTIONS

Certain materials, articles, or equipment may be designated in the Contract by brand or trade name or manufacturer together with catalog designation or other identifying information.

Substitute material, article, or equipment which is of equal quality and of required characteristics for the intended purpose may be proposed for use, provided the Contractor complies with the requirements of the following paragraphs.

5-15.01 Written Request

The Contractor shall submit any request for substitution in writing no later than thirty (30) Calendar Days after the award of the Contract.

5-15.02 Documentation

If requested by the City, a proposal for substitution must be accompanied by complete information and descriptive data, including cost of operation, cost of maintenance, and physical requirements necessary to determine the equality of offered materials, articles, or equipment.

The Contractor shall also submit such shop drawings, descriptive data, and samples as 157

Attachment H – Page 20
requested. The burden of proof of comparative quality, suitability, and performance of the offered proposal shall be upon the Contractor. The determination of equal quality, suitability, and performance shall be at the sole discretion of the City. The City will examine such submittals with reasonable promptness. If the City rejects the request for such substitution, then one of the particular products designated by brand name in the Contract shall be furnished. Acceptance of substitution by the City shall not relieve the Contractor from responsibility for deviations from the Plans and Specifications or from responsibility for errors in submittals. Failure by the Contractor to identify deviations in the request material from the Plans and Specifications shall void the submittal and any action taken thereon by the City.

Changes required for proper installation and fit of substitute materials, articles or equipment, or because of deviations from the Contract shall not be made without the written consent of the City and shall be made by the Contractor without additional cost to the City. The Contractor shall pay the costs of design, drafting, architectural or engineering services and alterations of the construction required to accommodate any Contractor substitution or construction error to maintain the original function and design.

5-16 INTENTIONALLY LEFT BLANK

5-17 INTENTIONALLY LEFT BLANK

5-18 APPROVAL OF MATERIALS OR EQUIPMENT

5-18.01 Sources Of Supply

The City’s approval at the source of supply may be required prior to procurement. Such approval shall not prevent subsequent disapproval or rejection of materials or equipment by the City if the quality is less than required by the Contract.

5-18.02 Plant Inspection

The City assumes no obligation to inspect materials or equipment at the source of supply. The Contractor is responsible for incorporating satisfactory materials and equipment into the Work, notwithstanding any prior inspections or tests.

The City will inspect materials or equipment at the source if the Contractor submits a written request and if the City deems the inspection necessary. The Contractor and the supplier will cooperate with and assist the City while performing the inspection. The City shall have access to all production areas of the material or equipment source or place of manufacturing.

5-19 PROVISIONS FOR EMERGENCIES

The City may provide necessary labor, material and equipment to correct any emergency resulting from the Contractor’s operation including noncompliance with the Contract, public convenience, safety, traffic control, and protection of Work, persons, environment, and property. The nature of the emergency may prevent the City from notifying the Contractor prior to taking action. The costs of such labor, material, and equipment shall be borne by the Contractor and will be deducted from progress payments.

The performance of such emergency work under the direction of the City shall not relieve the Contractor from any damages resulting from the emergency. 158

Attachment H – Page 21

5-20 RIGHT TO RETAIN IMPERFECT WORK

If any portion of the work done or materials or equipment furnished under the Contract shall prove defective or not in accordance with the Contract, and if the defect in the work, materials or equipment is not of sufficient magnitude or importance to make the work, materials or equipment dangerous or undesirable, or if the removal of such work, materials or equipment is impracticable or will create conditions which are dangerous or undesirable, the City shall have the right and authority to retain the work, materials or equipment instead of requiring it to be removed and reconstructed or replaced. Progress payment deductions will be made as described in Section 8-9, “Deductions for Imperfect Work”, of these General Provisions.

5-21 REMOVAL OF REJECTED MATERIALS OR WORK

The Contractor shall remove all rejected or condemned materials, equipment or structures brought to or incorporated in the Work within two (2) Working Days of the City’s written directive. No such rejected or condemned materials or equipment shall again be offered for use in the Work. The Contractor shall, at the Contractor’s expense, bring into Contract compliance all rejected material, equipment or work in a manner acceptable to the City.

The City may bring into Contract compliance the rejected material or equipment if the Contractor fails to comply with this Section. All costs shall be borne by the Contractor and will be deducted from the Progress Payment.

5-22 TEMPORARY SUSPENSION OR DELAY OF WORK

The City has the authority to suspend or delay the Work, wholly or in part, for any period the City deems necessary. The Contractor shall immediately comply with the City’s written directive to suspend or delay the Work. The suspended or delayed work shall be resumed only when conditions are favorable or methods are corrected, as ordered or approved in writing by the City. Public safety and convenience must be maintained throughout the suspension or delay in accordance with Sections 6-12, “Public Convenience and Safety”, and 6-13, “Public Safety and Traffic Control”, of these General Provisions.

Delays due to suspension of work shall be classified as Inexcusable or Excusable Delays in accordance with Section 7-12, “Delays”, of these Specifications. Such suspension shall not relieve the Contractor of the Contractor’s responsibilities as described in the Contract.

5-23 TERMINATION OF CONTRACT

5-23.01 Reasons for Termination

The City reserves the right to terminate the Contract or the Contractor’s control over the Work for any of the reasons listed below.

5-23.01.A Termination for Convenience

The City may at any time and for any reason terminate the Contract or the Contractor’s performance of the Work, in whole or in part.

159

Attachment H – Page 22
If the Contract or the Contractor’s control over the Work is terminated for cause and if it is later determined that the termination for cause was wrongful, such termination for cause automatically shall be converted to and treated as a termination for convenience. In such event, the Contractor shall be entitled to receive only the amount payable under Section 5-

23.04 of these General Provisions, and the Contractor specifically waives any claim for any other amounts or damages, including any claim for consequential damages or lost profits.

5-23.01.B Termination for Cause

The City may terminate the Contract or the Contractor’s control over the Work and so notify the Contract and the Contractor’s sureties for the following causes:

 The Contractor is adjudged bankrupt or makes an assignment for the benefit of the Contractor’s creditors, or if a receiver is appointed because of the Contractor's insolvency.

 The City has made a determination that the Contractor will be unable to complete the Work on or before the completion date as adjusted by Change Order, or the Contractor has not completed the Work on or before the completion date as adjusted by Change Order.

 The Contractor abandons the Work.

 The Work or any portion is sublet or assigned without the City’s consent.

 The rate of progress is not in accordance with the Contract.

 Any portion of the Work is unnecessarily delayed.

 The Contractor willingly violates any terms or conditions of the Contract.

 The Contractor does not supply sufficient materials or properly skilled and staffed labor.

 The Contractor fails to promptly pay its Subcontractors.

 The Contractor disregards laws, ordinances, or City orders.

 The Contractor fails to correct defective work in response to defective work notices.

 The Contractor fails to comply with written directives.

5-23.02 Termination After Contract Time

In addition to any other rights it may have, the City may terminate the Contract or the Contractor’s right to proceed at any time after the Contract Completion Date, as adjusted by Change Order. Upon such termination, in addition to the Contractor’s other obligations under the Contract, the Contractor shall not be entitled to receive any compensation after such 160

Attachment H – Page 23
termination until the Work is completed, and the Contractor shall be liable to the City for liquidated damages for all periods of time from the Contract Completion Date, as adjusted by Change Order, until the date of completion, as well as for all losses incurred by the City in completing the Work, as set forth in Section 5-23.04 of these General Provisions.

5-23.03 Notice of Termination; City Completion

If grounds exist under Sections 5-23.01B or 5-23.02 above, then the City may issue to the Contractor and its sureties a Notice of Intent to Terminate the Contract or the Contractor’s Control Over the Work for Cause. The Notice shall state the grounds for termination for cause that exist and demand that Contractor cure the grounds, or make satisfactory arrangement for cure of the grounds, within ten (10) days of the date of the Notice, or else the City will terminate the Contract or the Contractor’s control over the Work.

If the Contractor fails to cure the grounds, or make satisfactory arrangement for cure of the grounds, stated in the Notice of Intent to Terminate within ten (10) days of the date of the Notice of Intent to Terminate, the City may give written Notice of Termination for Cause to the Contractor and the Contractor's sureties that the Contract, or a portion of the Contract, has been terminated and/or that the Contractor's control over the Work, or a portion of the Work, has been terminated for the reasons stated in the Notice of Termination. The Notice shall also demand that Contractor’s surety take over and perform the Work through Completion. The Contractor’s surety shall then have the right to take over and perform the Work through Completion. The City may take over the Work through Completion at the Contractor’s and surety’s expense if the surety does not commence performance within thirty (30) Calendar Days from the date of mailing the Notice of Termination or if immediate resumption of the Work is necessary to avoid significant additional cost.

If the City is forced to take over the Work, it may prosecute the same to completion by day labor, by contract or by any other method it may deem advisable, for the account and at the expense of the Contractor and its sureties, and the Contractor and its sureties shall be liable to the City for any excess costs, including management, supervision, and design support, occasioned thereby. In such event, the City may, without liability, take possession of and utilize in completing the Work, the Contractor’s materials whether stored at the Site or elsewhere, that are necessary for completion. The City may also take possession of and use all or any part of the Contractor’s tools, equipment and appliances on the premises to complete the Work. The City assumes the responsibility for returning such equipment in as good condition as when it was taken over, reasonable wear and tear excepted. The items shall be returned to the Contractor when the Work is complete or sooner, at the City’s discretion. The City agrees to pay a reasonable amount for the use of such tools and equipment.

The Contractor hereby assigns to the City all of its interest in orders and/or contracts existing at the time of termination. The assignment of said orders and/or contracts shall be effective upon notice of acceptance by the City in writing, and only as to those orders and/or contracts which the City designates in writing.

Whenever the Contract or the Contractor’s control over the Work is terminated for cause, the Contractor and its sureties and shall be liable to the City for liquidated damages for all periods of time from the Contract Completion Date, as adjusted by Change Order and whether or not the termination date precedes or post-dates the adjusted Contract Completion Date, until the date of completion, as well as for all losses incurred by the City in completing the Work, as set 161

Attachment H – Page 24
forth in Section 5-23.04 of these General Provisions.

Immediately upon receipt of a Notice of Termination for Cause or for Convenience, except as otherwise directed in writing by the City, the Contractor shall:

1. Stop work under the Contract on the date and to the extent specified in the Notice of Termination.

2. Place no further orders or subcontracts for materials, services, or facilities except as necessary to complete the portion of the Work that is not terminated.

3. Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination.

4. Assign to the City, in the manner, at the times, and to the extent directed by the City, all of the rights, titles, and interests of the Contractor under the orders and subcontracts so terminated. The City shall have the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts.

5. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts with the approval or ratification of the City. The City's approval or ratification shall be final.

6. Transfer title to the City, and deliver in the manner, at the times, and to the extent directed by the City, fabricated or unfabricated parts, work in process, completed work, supplies, other material produced as a part of, or acquired in connection with, the terminated work, and the completed or partially completed drawings, information, and other property that, if the Contract had been completed, would have been submitted to the City.

7. Sell, in the manner, at the times, to the extent, and at the price that the City directs or authorizes, any property of the types referred to in Item 6 of this Section (Section 5-23.03). The Contractor is not required to extend credit to any purchaser, and may acquire any such property under the conditions prescribed and at a price approved by the City. The proceeds of any such transfer or disposition shall be used to reduce any payments made to the Contractor under the Contract or be credited to the cost of the work covered by the Contract or paid as the City directs.

8. Complete performance of the Work not terminated by the Notice of Termination.

9. Take necessary action, or as the City directs, to protect and preserve the property related to the Contract in which the City has an interest.

5-23.04 Payments to Contractor Upon Termination of Contract

In the event of a termination for convenience, the Contractor and the City may agree upon an amount paid to the Contractor for the total or partial termination of the Contract or of the Contractor’s control over the Work. The amount may include those items specified in Chapter 9, “Changes and Claims”, of these General Provisions. However, such agreed amount shall 162

Attachment H – Page 25
not exceed the Total Contract Price, reduced by the amount of payments already made and the Contract price of work not terminated. The Contract shall be amended accordingly, and the Contractor shall be paid the agreed amount.

If the Contractor and the City fail to agree on the amount to pay the Contractor because of the termination for convenience under this Section, the City shall determine the amount due the Contractor.

In the event of a termination for cause, the Contractor is not entitled to receive any portion of the amount to be paid under the Contract until it is fully completed. After completion, if the unpaid balance exceeds the sum of the amount expended by the City in finishing the work, plus all damages sustained or to be sustained by the City, including, without limitation, legal expenses, City forces, administration and management, direct and indirect, plus liquidated damages, plus any unpaid claims on account of labor, materials, tools, equipment, or supplies contracted for by the Contractor for the Work, provided that sworn statements of said claims shall have been filed as required by Chapter 9, “Changes and Claims”, of these General Provisions, the excess not otherwise required by the Contract Documents to be retained shall be paid to the Contractor. If the sum so expended to complete, plus the City’s damages as described herein, plus liquidated damages, plus unpaid claims as described herein exceeds the unpaid balance of the Total Contract Price, the Contractor and the Contractor's surety are liable to the City for the amount of such excess.

5-23.05 Completion Not a Waiver of City Rights

No act by the City before the Work is finally accepted shall operate as a waiver or stop the City from acting upon any subsequent event, occurrence or failure by the Contractor to fulfill the terms and conditions of the Contract. The rights of the City pursuant to this Section 5-23 and all of its subsections are in addition to all other rights of the City pursuant to the Contract, and at law or in equity.

5-23.06 Survival of Obligations

No termination of this Contract or of the Contractor’s control over the Work shall excuse or otherwise relieve the Contractor of its responsibilities under the Contract with respect to any Work performed prior to the date of termination, including, without limitation, its obligation to perform the Work in a good and workmanlike manner, free of defects, and in accordance with the Contract, its warranty obligations with respect to the Work, and its obligation to make all payments due. All of the Contractor’s responsibilities under the Contract with respect to the Work performed prior to the date of termination shall survive any termination.

5-24 TERMINATION OF UNSATISFACTORY SUBCONTRACTS

When any portion of the Work subcontracted by the Contractor is not prosecuted in a satisfactory manner, the Contractor shall immediately terminate the subcontract upon written notice from the City. The Subcontractor shall not again be employed for any portion of the work on which the Subcontractor's performance was unsatisfactory. Substitution of a new subcontractor shall be accomplished in accordance with California Code 163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
City Council
Staff Report

Subject:

Homeland Security Grant Program-Urban Areas Security Initiative (UASI) - Grant Subaward
Date:

September
9, 2025
Submitted By:

Greg Jensen, Lieutenant
Chad Morris, Captain
Rustin Banks, Police Chief
Department:

Police
Recommendation:

Background:

The Urban Areas Security Initiative (UASI) Program assists high-threat, high-density areas in efforts to build and sustain the capabilities necessary to prevent, protect against, mitigate, respond to, and recover from acts of terrorism. The UASI program is intended to provide financial assistance to address the unique multi-discipline planning, organization, equipment, training, and exercise needs of these areas and to assist in building and sustaining capabilities to prevent, protect against, mitigate, respond to, and recover from threats or acts of terrorism using the whole community approach.

The City of Sacramento is the regional agency for the Homeland Security Grant Program Urban Areas Security Initiative.

For the Fiscal Year 2024 award, the Department of Homeland Security is focused on the criticality of information sharing and collaboration to building a national culture of preparedness while protecting against terrorism and other threats to national security. The threats to the nation have evolved during the past two decades, which now faces continuous cyber threats by sophisticated actors, threats to soft targets and crowded places, and threats from domestic violent extremists who currently pose the greatest terrorism threat to the nation.

The City of Sacramento, in coordination with the City of Rocklin Police Department for the benefit of the Sacramento Urban Area, applied for and was awarded a grant on September 1, 2024, from the Homeland Security Grant Program-Urban Area Security Initiative (UASI) in the amount of two million eight hundred twenty thousand six hundred seventy-two dollars Item Number C11.

206
($2,820,672), starting on or about October 1, 2025 and concluding March 30, 2027. The City of Rocklin Police Department has been awarded a subaward from the City of Sacramento in the amount of sixty-three thousand dollars ($63,000) for the specific purpose to purchase the software offered by Peregrine Technologies, Inc.

The Peregrine Technologies, Inc. software is designed for law enforcement data integration, analysis and information sharing. The platform enables agencies to securely consolidate, search, and analyze records from multiple data sources to support investigations, operations, and public safety initiatives. A detailed description of services and deliverables is included in Attachment 5.

The California Governor’s Office of Emergency Services (Cal OES) and Federal Emergency Management Agency (FEMA) require the Rocklin City Council adopt a Resolution (Attachment 1) in order to execute the agreement and accept and use the Subaward.

Staff recommends the City Council adopt a Resolution approving the grant subaward. As part of the Resolution, staff also recommends the City Council authorize any budgetary and accounting transactions up to $63,000 in the Fiscal Year 2025/26 Operating Budget in the Police Grant Fund (244) necessary to administer the grant.

Fiscal Impact:

There is no impact to the General Fund. The total grant award is $63,000 and no City match is required.

ATTACHMENTS:

1. Resolution

2. City of Sacramento Subaward Approval Notification

3. City of Sacramento Subaward Agreement with Exhibits A-E

4. City of Sacramento Grant Management Assessment Questionnaire - Rocklin PD (Exhibit D)

5. Peregrine Standard Order Form - Rocklin PD
207
Resolution No. 2025- September 9, 2025 Page 1 of 2
1 RESOLUTION NO. 2025-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE

SUBAWARDEE GRANT AGREEMENTS WITH THE CITY OF

SACRAMENTO ACCEPTING THE TERMS AND SUBAWARD OF
THE 2024 HOMELAND SECURITY GRANT PROGRAM

URBAN AREAS SECURITY INITIATIVE

WHEREAS, on or about September 1, 2024 the City of Sacramento was awarded two million eight hundred twenty thousand six hundred seventy -two dollars ($2,820,672) of which sixty -three thousand dollars ($63,000) wi ll be subawarded to the City of Rocklin Police Department; and

WHEREAS, this subaward will be used to purchase one year of Peregrine Technologies, Inc. software effective October 1, 2025 through October 1, 2026; and

WHEREAS, the California Governor’s Office of Emergency Services (Cal OES) and Federal Emergency Management Agency (FEMA) require the City of Rocklin’s City Council to adopt a resolution supporting the application and the proposed Grant Activities and identify the individual who is authorized to execute this Agreement; and

WHEREAS, the City of Sacramento Notification of Subrecipient Subaward Approval is attached hereto as Exhibit A; and

WHEREAS, the City of Sacramento Subaward Agreement is attached hereto as Exhibit B; and

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

Section 1. The City Council of the City of Rocklin hereby approves of and authorizes the City Manager to execute the Subaward Grant Agreement and to sign any and all other forms and documents and take all related actions required by the awarding agency and terms and conditions of the Grant, in order to obtain and manage use of the Grant funds and to otherwise take actions reasonably necessary to accept the terms and award of the 2024 Homeland Security Grant Program UASI described herein.

Section 2. The City Council approves and authorizes the City Manager to execute a contract in amount of $63,000 to purchase software from Peregrine Technologies, Inc. (Exhibit D Agreement).

Section 3. In accordance with Section two (2) herein, the City Manager is authorized to increase the revenue and expenditure budgets by up to $ 63,000 in the Police Department’s Operating Budget within the Traffic Safety and Police Grants Fund (Fund 244) to implement and administer the grant.
208
Resolution No. 2025- September 9, 2025 Page 2 of 2
1 PASSED AND ADOPTED this 9th day of September, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

____________________________________
Jill Gayaldo, Mayor

ATTEST:

____________________________
Avinta Singh, City Clerk

209
210
1 CONTRACT #:

CONTRACT NAME:

CONTRACT PROJECT #:

DEPARTMENT:

DIVISION:

CITY OF SACRAMENTO

SUBAWARD AGREEMENT
THIS SUBAWARD AGREEMENT ("Agreement" or "Contract") is made and entered into by and between the City of Sacramento, a municipal corporation (the "City"), and (the "Subrecipient"). In
consideration of the mutual cove nants set forth herein and the mu tual benefits to be derived therefrom, the City and Subrecipient (each a "Party" and collectively, the "Parties") agree as follows:

I. GENERAL INFORMATION
§1.1 Federal Award Information
The "Federal award" (as such term is defined in the Code of Federal Regulations ("CFR"), 2 CFR §200.1, and used in this Agreement) is the:

Grant Program Name
FAIN #
CFDA #
Federal Award Date
This is not a "Research & Development" award as
defined in 2 CFR §200.1 and 200.331,
and there is no "indirect cost rate" for this federal award as defined in 2 CFR §200.1 and 200.331.

The "Federal awarding agency" (as such term is defined in 2 CFR §200.1 and used in this Agreement) is the United States De partment of Homeland Security, Federal Emergency Management Agency, Grants Program Directorate ("DHS").

The State of California, through its Gove rnor's Office of Emergency Services ("CalOES"), acts as the "pass-through enti ty" (as such term is defined in 2 CFR §200.1 and used in this Agreement) for the subaward of th e Federal award to the City for
the benefit of the Sacramento Urban Area in the amount of $ . §1.2 Subaward Information and Period of Performance
Subrecipient hereby accepts the following subaward ("Subaward") of the Federal award upon the terms and conditions set forth in this Agreement:

Subaward Amount
211
2 Period of Performance (“Term”)
Subrecipient SAM Unique Entity Identifier
The term of this Agreement shall be the "Term" as set forth in this Section 1.2.
§1.3 Parties and Notice
The Parties to this Agreemen t, and their respective represe ntatives who are authorized to administer this Agreement a nd to whom formal notices, demands and communications shall be given are as follows:

City of Sacramento Party:

Authorized Representative:

Authorized Department:

Address:

Phone:

E-Mail:

Party:

Authorized Representative:

Authorized Department:

Address:

Phone:

E-mail:

Formal notices, demands, and communications to be given hereunder by either Party shall be made in writing and may be affected by personal delivery or by registered or certified mail, postage pr epaid, return receipt requ ested and shall be deemed communicated as of the date of ma iling. If the na me of the person designated to receive the notices, demands or communications or the address of such person is changed, written notice shall be given, in accordance with this section, within five business days of said change.
§1.4 Authorities
Subrecipient warrants that it has obtained written authorization from its governing board or authorized body to execute this Agreem ent and accept and use the Subaward.

Subrecipient further warrants that such written authorization specifies that Subrecipient, governing board or authorized body agree:

A. That any liability arising out of the us e of the Subaward, and any products or services purchased therefrom, shall be the responsibility of Subrecipient, 212
3 governing board or authorized body. City disc laims all liability as to the use of the Subaward, and any products of services purchased therefrom.

B. That Subaward funds shall not be used to supplant expenditures controlled by governing board or authorized body.

C. That the official executing this Agreement is authorized to do so. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
213
4 II. SUBAWARD TERMS AND CONDITIONS
§2.1 Summary of Requirements
By executing this Agreement, Subrecipient hereby agrees that it shall comply with all terms and conditions set forth in this Agreement, which includes all guidance, regulations and requiremen ts (collectively, "Requirements") of the Federal awarding agency and CalOES that are applicab le to a recipient and/or subrecipient of a Federal award or gran t. Such Requirements are se t forth in the following documents and incorporated herein by this reference:

A. Department of Homeland Security FY Homeland Security Grant Program Notice of Funding Opportunity ("DHS NOFO");
B. FY DHS Standard Terms and Conditions ("DHS Standard Conditions") (Exhibit A);
C. FEMA Information Bulletins ("IB");
D. CalOES Homeland Security Grant Program California
Supplement to the Federal Notice of Funding Opportunity ("CalOES Supplement"),
E. CalOES Standard Assurances for All CalOES Federal Grant Programs ("CalOES Assurances") (Exhibit B);
F. CalOES Grant Management Memos ("GMM"); and
G. The cost principles, uniform administrative requirements and audit requirements for federal grant programs as housed in Title 2, Part 200 of the CFR and in updates issued by the Office of Management and Budget ("OMB") on http://lwww.whitehouse.gov/omb/ .

Subrecipient hereby certifies that it has th e institutional, managerial and financial capability to ensure proper planning, management and completion of its projects being funded by the Subaward.
§2.2 City Administrative Requirements
A. Subrecipient acknowledges a nd agrees that the City is acting as a "pass- through entity" (as such term is define d in 2 CFR §200.74 and used in this Agreement) for this Subaward and that the City shall have the rights and obligations relating to this Subaward and its administration as set forth in this Agreement and in 2 CFR Part 200.

B. The City shall provide Subrecipie nt with an elec tronic Workbook of Subrecipient's projects (“Subrecipient Workbook”) (Exhibit C). The Workbook contains detailed listings of items and projects and the amount of Subaward funds allocated for such items and projects.
214
5 Subrecipient shall use the Subaward funds strictly in accordance with the Workbook, and any expenditures not so made shall be deemed disallowed under this Subaward.

Any request by Subrecipient to modi fy the Workbook mu st be made in writing and accompanied by a completed Modification Request Form, which is located in the Subrecipient Workbook, all required supporting documentation and a revised Workbook showing such modification.

Workbook modification requests must be submitted prior to deadlines set by the City. Inaccurate or incomplete requests shall be returned to the Subrecipient for revision. Subrecipient shall not ex pend any funds on modified Workbook items until such modification is approved by the City and CalOES.

C. Subrecipient agrees that any equipment, product, service or activity funded with this Subaward shall comply with any and all technological and/or interoperability specifications and standards as may be approved by the Sacramento Urban Area region, and any such equipment, product, service or activity not so compliant shall be not eligible for funding by this Subaward.

Subrecipient shall further ensure that it retains from its contractors, subcontractors, and vendors all rights re lated to inventions, copyrightable materials, and data for which the Fe
deral awarding agency and CalOES has rights
to, as more fully set forth in 2 CFR §315 and Section 2.3.P. of this Agreement.

D. Any "equipment" (as such term is defined in 2 CFR §200.33 and used in this Agreement) acquired or obtained with Subaward funds:

1. Shall be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the variou s fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the Sacram ento Urban Area, and deployed with personnel trained in the use of such equipmen t in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan;

2. Shall be consis tent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy; and

3. Shall have a Sacramento Urban Ar ea identification decal affixed to it.

Subrecipient shall take a physical inventory of all equipment acquired or obtained with Subaward funds and reconcile the resu
lts with equipment records at least
once every year.

E. This Subaward is not a "fixed amount awa rd" as such term is defined in 2 CFR §200.45. Subrecipient agrees that disbursement of this Subaward to Subrecipient shall be made on a reimbursement met hod. If Subrecipient requests advance payment of Subaward funds, Subrecipient shall comply with, and provide 215
6 evidence to the City of compliance with, the criteria and obligations related to the use of advance payments as set forth in 2 CFR §200.305 as well as satisfying any other City and CalOES requirements for advance payments.

In requesting reimbursement from Subawa rd funds, Subrecipient shall provide to the City a completed Reimbursement Request Form, which is located in the Subrecipient Workbook, along with invoices , purchase orders, proof of delivery, proof of payment and payroll records, tim esheets, receipts and any other supporting documentation necessary to fully and accurately describe the expenditure of funds for which reimbursement from the Subaward is requested (collectively, the "Rei mbursement Request").

All such supporting documentation for the Reimbursement Request shall satisfy applicable Federal, State and City audit and review standards and requirements.

Such documentation shall be prepared at the sole expense and responsibility of Subrecipient, and the City and the Subaward will not reimburse the Subrecipient for any costs incurred for such preparation.

The City reserves the right to request additional supporting documentation to substantiate costs incurred at any time. Inaccurate an d/or incomplete Reimbursement Requests shall be ret urned to Subrecipient for revision.

The City shall forward Reim bursement Requests to Ca lOES for payme nt within thirty (30) days of receipt, provided such request is deemed accurate and complete. The City shall reimburse Subrecipient within thirty (30) days of its r
eceipt of funds from CalOES.

Final Reimbursement Requests for this Subaward must be received by the City no later than days following the end of the Term to allow the City sufficient time to complete close-out activities for this Subaward (the "Reimbursement Deadline").

After the Reimbursement Deadline, a ny unexpended Subaward funds may be re-directed to other needs across th e Sacramento Urban Area region. The City will notify Subrecipient, in writin g, when unexpended Subaward funds may be re-directed.

F. Subrecipient acknowledges th at the City makes no commitment to disburse Subaward funds beyond the terms set forth herein an d that funding for all periods during the Subaward Term is subject to the continuing availability to the City of federal funds for this S ubaward from CalOES and the Federal awarding agency. This Agreement ma y be terminated immediately upon written notice to Subrecipient of any loss or reduction of Subaward funds. 216
7 §2.3 DHS and CalOES Requirements
Subrecipient shall comply with all Requirements promulgated by DHS (which is the Federal awarding agency for this Subaward ) and CalOES which are applicable to this Subaward and set forth in Secti on 2.1. Some of these DHS and CalOES Requirements are set forth below in this Section 2.3.

A. Subrecipient will not use Subaward funds to supplant (replace) funds that have been budgeted for the same purpos e through non-federal sources. Upon request by the City, CalOES and/ or the Federal awarding agency, Subrecipient shall be required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than the receipt or expected receipt of Subaward funds. Subrecipient shall not charge any costs allocable under this Subaward to any other Federal award to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of Federal awards, or for othe r reasons. Subrecipient shall not be delinquent in the repaymen t of any Federal debt. Subrecipient must request instruction from the City and CalOES for proper disposition of any original or replacement equipment acquired with Subaward funds.

B. Subrecipient shall comply with the requirement of 31 U.S.C. Section 3729- 3733, which sets forth that no subgrantee, recipient or subrecipient of federal funds or payments shall submit a false claim for payment, reimbursement or advance. Subrecipient agrees to be su bject to the administrative remedies as found in 38 U.S.C. Section 3801-3812 for violations of this requirement.

C. Subrecipient shall comply with the provisions of DHS Specific Acknowledgements and Assurances section set forth in the DHS Standard Conditions and the Reporting Accusations and Fi ndings of Discrimination section of the CalOES Assurances.

D. Subrecipient shall comply with the provisions of the Lobbying and Political Activities section set forth in the CalO ES Assurances. In connection thereto, Subrecipient hereby certifies that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of Subrecipient, to any person for infl uencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the exte nsion, continuation, renewal, amendment, or modificat ion of any Federal contract, grant, loan or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or a ttempting to influence an officer or 217
8 employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or coope rative agreement, Subrecipient shall complete and submit Standard Form- LLL "Disclosure Form to Report Lobbying" in accordance with its instructions.

3. Subrecipient shall require that the la nguage of this certific ation be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

Subrecipient shall comply with provisions of the Hatch Act (5 U.S.C.§1501-1508 and §7324-7328) which limits the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.

E. As required by Executive Orders (E O) 12549 and 12689, and 2 CFR§200.213 and codified in 2 CFR Part 180, Subr ecipient shall provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. Subrecipient hereby certifies that it and its principals:

1. Are not presently debarred, suspende d, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

2. Have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or lo cal) transaction or contract under a public transaction; violation of Fede ral or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 2.3.E.2. above; and

4. Have not within a three-year period preceding this Agreement had one or more public transactions (Federal, St ate, or local) terminated for cause or default.

F. Subrecipient shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §701 et seq.) which is adopted at 2 CFR Part 3001. In connection thereto, Subrecipient hereby certifies that it w ill or will continue to provide a drug-free workplace and a drug-free awareness program as outlined in such Act.

G. Subrecipient shall comply with all Federal statutes relating to non- discrimination, 218
9 including, without limitati on, those statutes and provisions set forth in the Non- Discrimination and Equal Em ployment Opportunity section of the CalOES Assurances.

Subrecipient hereby certifies that it will comply with the Americans with Disabilities Act, 42 U.S.C. §12101 et seq., and its implementing regulations (ADA), the Americans with Disa bilities Act Amendments Act of 2008 (ADAAA), Pub. L. 110-325 and all subsequent amendments, Section 504 of the Rehabilitation Act of 1973 (Rehab. Act), as amended, 29 U.S.C. 794 and 24 CFR Parts 8 and 9 , the Uniform Federal Accessibil ity Standards (UFAS), 24 CFR, Part 40, and the Fair Housing Act, 42 U.S.C. 3601, et seq.; 24 CFR Parts 100, 103, and 104 (FHA) and all implementing regulations. Subrecipient will provide reasonable accommodations to allow qualifie d individuals with disabilities to have access to and to participate in its programs, services and activities in accordance with the provisions of the AD A, the ADAAA, the Rehab Act, the UFAS and the FHA and all subsequent amendments.

Subrecipient will not discriminate agains t persons with disabilities or against persons due to their relationship to or association with a person with a disability.

Any contract entered into by Subrecipien t (or any subcontract thereof), relating to this Agreement, to th e extent allowed hereunder, shall be subject to the provisions of this paragraph.

H. Subrecipient shall comply with the provisions set forth in the Environmental Standards section of the CalOES Assurances.

I. Subrecipient shall comply with the provisions set forth in the Reporting- Accountability section of the CalOES Assurances , which relate to compliance with the Federal Funding Accountability and Transparency Act and statutory requirements for whistleblower protections.

J. Subrecipient shall comply with the provisions set forth in the Human Trafficking section of the CalOES Assurances, which relate to compliance with the Trafficking Victims Protection Act (TVPA) of 2000.

K. Subrecipient shall comply with the provisions set forth in the Labor Standards section and Worker's Compensation section of the CalOES Assurances, which relate to compliance with various Federal statutes regarding labor standards and State worker's compensation requirements.

L. Subrecipient shall comply with the provisions set forth in the Property- Related section of the CalOES Assurances and the provisions applicable to construction projects as set forth in the Certifications Applicab le to Federally Funded Construction Projects section of the CalOES Assurances.

M. Subrecipient acknowledges the applicabil ity of the Freedom of Information Act and the California Public Records Act to certain information as more fully set 219
10 forth in the Freedom of Information Act section of the CalOES Assurances.

N. Subrecipient shall comply with the provisions set forth in the Best Practices for Collection and
Use of Personally Identifiable Information (PII) section of the CalOES Assurances.

O. Subrecipient shall comply with the provisions set forth in the Acknowledgement of Federal Funding from DHS and Use of DHS Seal, Logo and Flags section of the CalOES Assurances, which relate to requirements for acknowledging the use of federal funds and obtaining approval for
use of various DHS seals and logos.

P. Subrecipient shall affix applicable copyright notices as required under the Copyright section of the CalOES Assurances and shall comply with and be subject to the provisions set forth in the Patents and Intellectual Property Rights section of the DHS
Standard Conditions and the CalOES Assurances.

Q. If the total value of Subrecipient's currently active grants, cooperative agreements, and procurement contracts from all Federal assistance office exceeds $10,000,000 for any period of time during the period of performance of this Subaward, Subrecipient shall comply with the provisions set forth in the Reporting of Matters Related to Recipient Integrity and Performance section of the DHS Standard Conditions and the CalOES Assurances.

R. Subrecipient shall comply with the SAFECOM Guidance for Emergency Communication Grants when using Subaward funds in connection with emergency communication equipment, including provisions on technical standards that ensure and enhance interoperable communications.

S. Subrecipient shall establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. Subrecipient shall comply with all Federal and State conflict of interest laws and regulations.

T. Subrecipient shall comply with California Vehicle Code sections 23123 and 23123.5, and the provisions set forth in the Use of Cellular Device While Driving is Prohibited section of the CalOES Assurances.

U. Subrecipient must ensure that any project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.

V. Subrecipient shall comply with the provisions set forth in the following sections of the DHS Standard Conditions and the CalOES Assurances; (1) Energy Policy and Conservation Act, (2) Hotel and Motel Fire
Safety Act of 1990, (3) Terrorist
Financing E.O. 13224, (4) USA Patriot Act of 2001, (5) Fly America Act of 1974, 220
11 and (6) Whistleblower Protections and Whistleblower Protection Act.

W. Subrecipient acknowledges and shall comply with the following Special Conditions and Corrective Actions applicable to this Subaward:

1. Subaward funding is subject to restricted drawdown for the duration of the Term;

2. Subrecipient shall submit sufficient documentation to support expenditures prior to reimbursement or advance of funds. Documentation must include invoices, timesheets, evidence supporting overtime and backfill costs, cancelled checks or other proof of payment, and copies of related contracts (See §2.2.E).

CalOES may request additional procurement material. CalOES will not issue reimbursement or advance payment until the documentation is reviewed and the payment is determined to be adequately supported;

3. Failure to comply with these conditions may result in disallowed costs or additional restrictions on current and future subaward funding, pursuant to 2 CFR §200.205 and §200.338.
§2.4 Uniform Requirements for Federal Awards
Subrecipient acknowledges that this Subaward is a "Federal award" as such term is defined in 2 CFR §200.
1 and that Subrecipient's use of this Subaward is subject to the uniform administrative requirements, cost principles, and audit requirements for Federal awards
which are codified in 2 CFR Part 200 (the "Uniform Requirements").

Subrecipient agrees that it is considered a "non- Federal entity" and a "subrecipient" as such terms are defined in 2 CFR §§200.69 and 200.93, respectively. Thus, Subrecipient hereby agrees to comply with, and be subject to, all provisions, regulations and requirements applicable to a "subrecipient" an d a "non-Federal entity" as set forth in the Uniform Requirements. Further, Subrecipient agrees that the City and CalOES are each a "pass-through entity" as such term is defined in 2 CFR §200.1 and that each of them shall have the rights and remedies of a "pass-through entity" in relation to this Subaward and Subrecipient as set forth in the Uniform Requirements.

Without limita tion, some of these Uniform Requireme nts are set forth below in this Section 2.4.

A. Subrecipient shall disclose to the City any potential conflict of interest in connection to this Subaward and its use in accordance with 2 CFR §200.112.

B. Subrecipient shall comply with the mandatory disclosure requirements for violations of Federal criminal law involving fraud, bribery, or gratuity as set forth in 2 CFR §200.113.
221
12 C. Subrecipient acknowledges that the City may impose additional specific conditions to this Subaward in accordance with 2 CFR §200.207, and Subrecipient shall comply with such conditions, including, but not limited to, the sampling of procurements and equipment to ensure grant compliance during the City's bi-annual monitoring. Subrecipient shall also submit any annual certifications and representations deemed required by the City in accordance with 2 CFR §200.208.

D. Financial Management and Internal Controls
Subrecipient shall comply with the requirements for a non-Federal entity regarding financial management and the establishment of a financial management system, all as more fully set forth in 2 CFR §200.302. Further, Subrecipient shall comply with the requirements set forth in 2 CFR §200.303, which relate to certain obligations required of Subrecipient to maintain internal controls over the use of this Subaward.

Subrecipient shall complete and submit a Grants Management Assessment Form to the City (Exhibit D)
to inform the City of potential risks of non-
compliance with respect to the terms and conditions of this Subaward.

E. In the event this
Subaward requires cost sharing or matching of funds from Subrecipient, Subrecipient shall comply with the cost sharing and matching requirements set forth in 2 CFR §200.306.

F. Subrecipient shall comply with the requirements relating to program income as more fully set forth in 2 CFR §200.307.

G. Property Standards
When property (real, tangible or intangible) is, in whole or in part, improved, developed, purchased or otherwise acquired with Subaward funds, Subrecipient shall comply with the regulations set forth in 2 CFR §200.310 through 200.316 ("Property Regulations"). These Property Regulations include, without limitation, provisions related to the following:

1. Requirements for insurance coverage for real property and equipment.

2. Requirements for title, use, disposition and transfer of title of "real property" (as defined in 2 CFR §200.1).

3. Regulations involving Federally owned and exempt property.

4. Requirements for title, use, management (including recordkeeping, inventory, control systems and main
tenance procedures), and disposition
of "equipment" (as defined in 2 CFR §200.1).

5. Requirements for title, use and disposition of "supplies" (as defined in 2 CFR §200.1).
222
13 6. Requirements for title, rights, use and disposition of "intangible property" (as defined in 2 CFR §200.1). Such requirements include, without limitation:
a. A reservation of rights by the Federal awarding agency to a royalty- free, non-exclusive and irrevocable right to use certain copyrighted work or work subject to copyright;
b. The rights of the Federal government to data produced under the Subaward;
c. The applicability of the Freedom of Information Act to certain research data produced or acquired under the Subaward; and d. Subrecipient's compliance with applicable regulations governing patents and inventions, including government wide regulations codified at 37 CFR Part 401. Subrecipient agrees that it shall hold in trust all real property, equipment and intangible property acquired, develope d or improved with Subaward funds in accordance with the provisions set forth in 2 CFR §200.316.

H. Procurement and Contracting Regulations
When procuring and/or contractin g for property and/or services that are to be paid or reimbursed by any amount of Subaward funds, Subrecipient shall comply with all regulations applying to "non-F ederal entities" as set forth in 2 CFR
§200.318 through 200.326 (the "Procurement Regulations"). These Procurement Regulations include, without limitation, provisions requiring the following:

1. Documentation and use of procureme nt procedures in compliance with Procurement Regulations.

2. Contracting oversight and mainte nance of written standards of conduct covering conflicts of interest.

3. Compliance with federal standards regarding procurement and award of contracts, competition, and procurement methods.

4. Affirmative steps required to enc ourage contracting with small and minority businesses, women's business enterprises, and labor surplus area firms.

5. Compliance with Section 6002 of the Solid Waste Disposal Act in the procurement of recovered materials.

6. Requirement to perform a cost or price analysis in connection with procurements.

7. Bonding requirements.

8. Requirement to make procurement documentation available for review by the City, CalOES and the Federal awarding agency.

In addition, Subrecipient must include in all of its contract s paid or reimbursed 223
14 in whole or in part with Subaward funds the provisions set forth in Appendix II to 2 CFR Part 200 (Contract Provisions for non- Federal Entity Contracts under Federal Awards) as required by 2 CFR §200.326.

I. Financial and Performance Monitoring and Reporting
Subrecipient shall comply with the m onitoring requirements for a non- Federal entity as set forth in 2 CFR §200.328, which requires the Subrecipient to oversee and monitor activities supported by the Grant to assure compliance with
applicable Federal requirements and performance expectations.

Further, Subrecipient shall comply with the financial and performance reporting requirements for a non-Federal entity as set forth in 2 CFR §200.327 to 200.329 and any other reporting requirements th at may be promulgated by the Federal awarding agency, CalOES or the City in accordance with such regulations. Such reporting requirements include the provision of any information required for the assessment or evaluation of any activi ties funded by the Subaward and the reporting of information related to real property in which the Federal government retains an interest.

Subrecipi
ent acknowledges that the City, as a "pass-through entity," may make various findings, determinations, evaluations and reports regarding Subrecipient and its use of Subaward funds, as set forth in 2 CFR §200.330 to 200.332. In accordance with such regulations, Subrecipient shall comply with, and timely grant to the City and its auditors, a ny monitoring requests, requests for on-site access to facilities, equipment and pe rsonnel, and requests for any other information as may be authorized under such regulations. Subrecipient shall also timely grant to the City and its aud itors’ access to Subrecipient's records and financial statements as required under 2 CFR §200.331(a)(5). In addition, Subrecipient shall comply with any conditions that may be placed upon Subrecipient as part of the City's ri sk evaluation of Subrecipient under 2 CFR §200.331(b).

J. Record Retention and Access
Subrecipi
ent shall comply with all reco rds retention, maintenance, storage, transmission, and collection requirements applicable to a non-Federal entity as set forth in 2 CFR §200.333 to 200.335.

In accordance with the provisions set fort h in 2 CFR §200.336, Subrecipient hereby grants the Federal awarding ag ency, the Inspectors General, the Comptroller
General of the United States, CalOES, and the City, or any of their authorized representatives, the right of access to any documents, papers, or other records of Subrecipient which are pertinen t to the Subaward, in order to make audits, examinations, excerpts, and transcripts. This ri ght also includes timely and reasonable access to Subrecipient' s personnel for the purpose of interview and discussion related to such documen ts. These access rights shall not be 224
15 limited to any required record retention period, but last as long as the records are retained, and access shall not otherwis e be limited unless as specifically permitted under 2 CFR §200.336 to 200.337.

Subrecipient shall require any of its s ubrecipients, contractors, successors, transferees and assignees to acknowle dge and agree to comply with the provisions of this Section.

K. Cost Principles
Subrecipient shall comply with the cost principles for federal awards as set forth in 2 CFR Part 200 Subpart E ("Cost Principles"). Subrecipient acknowledges and agrees that any costs incurred by Subrecipient may only be charged to or reimbursed by Subaward funds if it is incurred in compliance with all Requirements for the Subaward and is also deemed allowable and allocable under the Subaward in accordance with the provisions set forth in the Cost Principles.

L. Audit Requirements
By virtue of using Subaward funds, Subrecipient acknowledges and agrees that it is subject to the provisions set forth in 2 CFR Part 200 Subpart F ("Audit Requirem
ents"). Subrecipient shall comply with all provisions applicable to a non-Federal entity and an "auditee" (as defined in 2 CFR §200.1) as set forth in such Audit Requirements, including the requirement to conduct a single audit if applicable.

M. Closeout and Post Closeout
Subrecipient shall comply with the obligations applicable to a non-Federal entity as it pertains to the closeout of this Subaward as set forth in 2 CFR§200.343.

Subrecipient acknowledges and agrees that it shall continue to comply with the post closeout obligations set forth in 2 CFR §200.344 after closeout of the Subaward and expiration of the Term of this Agreement.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
225
16 Ill. STANDARD PROVISIONS
§3.1 Independent Party
Subrecipient is acting hereunder as an inde pendent party, and not as an agent or employee of the City. No employee of Subrecipient is, or shall be, an employee of the City by virtue of this Agreement, and Subrecipient shall so inform each employee organization and each employee who is hire d or retained under this Agreement.

Subrecipient shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the City by virtue of this Agreement.
§3.2 Construction of Provisions and Titles Herein
All titles, subtitles, or headings in this Agreement have been inserted for convenience and shall not be deemed to affect the m eaning or construction of any of the terms or provisions hereof. The language of this Agreement shall be construed according to its fair meaning and not strictly for or against either party. The word "Subrecipient" herein and in any amendments hereto includes th e party or parties identified in this Agreement. The singular shall include the plural. If there is more than one Subrecipient as identified herein, unless expressly stated ot herwise, their obligations and liabilities hereunder shall be joint and several. Use of the feminine, masculine, or neuter genders shall be deemed to include the genders not used.
§3.3 Applicable Law, Interpretation and Enforcement
Each party's performance hereunder shall co mply with all appli cable laws of the United States of America, the Stat e of California, the County of Sacramento and the City of Sacramento, including but not limited to, laws regarding health and safety, labor and employment, wage and hours and licensing laws which affect employees. This Agreement shall be enforced and interpreted under the laws of the State of California without regard to conflict of law principles. Subrecipient shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement.

In any action arising out of this Agreemen t, Subrecipient consents to personal jurisdiction,
and agrees to bring all such actions, exclusively in state and federal courts located in Sacramento County, California.

If any part, term or provision of this Agreement shall be held void, illegal, unenforc
eable, or in conflict with any law of a federal, state or local government having jurisdiction over this Agreement, the va lidity of the remaining parts, terms or provisions of this Agreement sha ll not be affected thereby. §3.4 Integrated Agreement
This Agreement sets forth all of the rights and duties of the parties with respect to the 226
17 subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only as provided for herein.
§3.5 Excusable Delays
In the event that performance on the part of any party hereto shall be delayed or suspended as a result of circumstances be yond the reasonable control and without the fault and negligence of said party, none of the parties shall incur any liability to the other parties as a result of such delay or suspension.

Circumstances deemed to be beyond the c ontrol of the part ies hereunder shall include, but not be limited
to, acts of God or of the public enemy; insurrection; acts of the Federal Government or any unit of State or Local Government in either sovereign or contractual capa city; fires; floods; epidemics; quarantine restrictions; strikes, freight embargoes or delays in transportation; to the extent that they are not caused by the party's willful or negligent acts or omissions and to the extent that they are beyond the party's reasonable control.
§3.6 Breach
Except for excusable delays as described in §3.5 herein, if any party fails to perform, in whole or in part, any promise, covenant, or agreement set forth herein, or should any representation made by it be untrue, any aggrieved party may avail itself of all rights and remedies, at law or equity, in th e courts of law. Said rights and remedies are cumulative of those provided for here in except that in no event shall any party recover more than once, suffer a penalty or forfeiture, or be unjustly compensated. §3.7 Prohibition Against As signment or Delegation
Subrecipient may not, unless it has first obtained the written permission of the City:

A. Assign or otherwise alienate any of its rights hereunder, including the right to payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties hereunder. §3.8 Indemnification
Each of the parties to this Agreement is a public entity. In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entiti es, solely by reason of such entities being parties to an Agreement as de fined by Section 895 of said Code, the parties hereto, as between themselves, purs uant to the authoriz ation contained in Sections 895.4 and 895.6 of said Code, wi ll each assume the fu ll liability imposed upon it or upon any of its officers, agents, or employees by law, for injury caused by 227
18 a negligent or wrongful ac t or omission occurring in the performan ce of this Agreement, to the same extent that such liability would be imposed in the absence of Section 895.2 of said C ode. To achieve the above- stated purpose, each party indemnifies and holds harmle ss the other party solely by virtue of said Section 895.2.

The provision of Section 2778 of the California Civil Code is made a part hereto as if fully set forth herein. Subrecipient cert ifies that it has ad equate self-insured retention of funds to meet any obligation arising from this Agreement.

A. Notwithstanding the provisi ons of §1.4(A) above, pursuant to Government Code Sections 895.4 and 895.6, the Parties shall each assume the full liability imposed upon it, or any of its officers, agents or employees, by law for injury caused by any negligent or wrongful act or omission occurring in the performance of this Agreement.

B. Each party indemnifies and holds harmless the other party for any loss, costs, or expenses that may be imposed upon such other part y by virtue of Government Code section 895.2, whic h imposes joint civil liability upon public entities solely by reason of such entities being parties to an agreement, as defined by Government Code section 895.

C. In the event of third-pa rty loss caused by negligence, wrongful act or omission by both Parties, each party shall bear fi nancial responsibility in proportion to its percentage of fault as may be mutually agreed or judicially determined. The provisions of Ci vil Code Section 2778 regarding interpretation of indemnity agreements are hereby incorporated. §3.9 Subcontractor Assurances
Subrecipient shall contractually obligate all its contractors, subcontractors and vendors funded by Subaward funds as may be re quired to ensure that Subrecipient can comply with all the Requirements and other provisions of this Agreement. §3.10 Remedies for Noncompliance
Subrecipient acknowledges and agrees that, in the event Subrecipient fails to comply with the terms and conditions of this Agreement or with any Requirements referenced in Section 2.1 above, the Fede ral awarding agency, CalOES or the City shall have the right to take one or more of the actions set forth in 2 CFR §200.338.

Such actions may include, without limitat ion, the withholding of cash payments, suspension and/or termination of the Subaward, and the disallowing of certain costs incurred under the Subaward.

Any costs incurred by Subrecip ient during a suspension or after termination of the Subaward shall not be considered allo wable under the Subaward unless allowed 228
19 under 2 CFR §200.342.

Subrecipient shall be liable to the Fede ral awarding agency, CalOES and the City for any Subaward funds the Federal awardi ng agency or CalOES determines that Subrecipient used in violation of any Requirements reference in Section 2.1 above, and Subrecipient shall inde mnify and hold harmless the City for any sums the Federal awarding agency or CalOES determin es Subrecipient used in violation of such Requirements.

Subrecipient shall be granted the opportunity to ob ject to and challenge the taking of any remedial
action by the Federal awarding agency, CalOES or the City in accordance with the provisions set forth in 2 CFR §200.341. §3.11 Termination
Subrecipient acknowledges and agrees that the Subaward, and any obligation to disburse to or reimburse Subrecipient in connection ther eto, may be terminated in whole or in part by the Federal awarding agency, CalOES or the City as set forth in 2 CFR §200.339. Subrecipient shall have the right to terminate the Subaward only as set forth in 2 CFR §200.339.

In the event the Subaward is terminated, all obligations and requirements of this Agreement and the Grant shall survive and continue in full force and effect in connection with any portion of the Subaward remaining prior to such termination, including, without limitation, the closeout and post closeout requirements set forth in this Agreement. §3.12 Amendments
Any change in the terms of this Agreem ent, including the performance period of the Subaward and any increase or decrease in the amount of the Subaward, which are agreed to by the City and Subrecipient shall be in corporated into this Agreement by a written amendment properly executed and signed by the person authorized to bind the Parties thereto.
§3.13 Complete Agreement
This Agreement sets forth all the rights an d duties of the Parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only as provided for herein and neither verbal agreem ent nor conversation with any officer or employee of either party shall affect or modify any of the terms and conditions of this Agreement.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
229
20 IN WITNESS WHEREOF, the City and Subrecipient have caused this Subaward Agreement to be executed by their duly authorized representatives.

CITY OF SACRAMENTO
A Municipal Corporation
By: _____
Print name:

Title:

For: City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:
______
City Attorney
Attachments
Exhibit A
Exhibit B
Exhibit C
Exhibit D
DHS Standard Terms and Conditions
CalOES Standard Assurances
Subrecipient Workbook
Grants Management
Assessment Questionnaire
Exhibit E Additional Federal Terms
230
21 SUBRECIPIENT:

Subrecipient Name
SAM Unique Entity Identification Number
Signature of Authorized Person
Print Name and Title
Additional Signature (if required)
Print Name and Title
231
DHS Standard Terms & Conditions: FY 2024 Version 3 April 4, 2024 FY 2024 DHS STANDARD TERMS AND CONDITIONS

The Fiscal Year (FY) 2024 Department of Homeland Security (DHS) Standard Terms and Conditions apply to all new federal awards of federal financial assistance (federal awards) for which the federal award date occurs in FY 2024 and flow down to subrecipients unless a term or condition specifically indicates otherwise. For federal awards that may involve continuation awards made in subsequent FYs, these FY 2024 DHS Standard Terms and Conditions will apply to the continuation award unless otherwise specified in the terms and conditions of the continuation award. The United States has the right to seek judicial enforcement of these terms and conditions.

All legislation and digital resources are referenced with no digital links. These FY 2024 DHS Standard Terms and Conditions are maintained on the DHS website at https://www.dhs.gov/publication/fy15-dhs- standard-terms-and-conditions.

A. Assurances, Administrative Requirements, Cost Principles, Representations, and Certifications
I. Recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances – Non- Construction Programs, or OMB S
tandard Form 424D Assurances – Construction Programs, as applicable.

Certain assurances in these documents may not be applicable to your program and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as instructed by the federal awarding agency.

B. G eneral Acknowledgements and Assurances Recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in effect as of the federal award date and located at 2 C.F.R. Part 200 and adopted by DHS at 2 C.F.R. § 3002.10.

All recipients and subrecipients must acknowledge and agree to provide DHS access to records, accounts, documents, information, facilities, and staff pursuant to 2 C.F.R. § 20

0.337.

I. Recipients must cooperate with any DHS compliance reviews or compliance i
nvestigations.

II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities and personnel.

III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS of
ficials and maintain appropriate backup documentation to support the reports.

IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements required by law, federal regulation, Notice of Funding O
pportunity, federal award specific terms and conditions, and/or federal awarding agenc
y program guidance.

V. Recipients must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receiving the Notice of Award for the first award under which this term app
lies. Recipients of multiple federal awards from DHS should only submit one c
ompleted tool for their organization, not per federal award. After the initial s
ubmission, recipients are required to complete the tool once every two (2) years if they have an active federal award, not every time a federal award is made.

Recipients must submit the completed tool, including supporting materials, to C
[email protected]. This tool clarifies the civil rights obligations and related reporting requirements contained in these DHS Standard Terms and Exhibit A
232
DHS Standard Terms & Conditions: FY 2024 Version 3 April 4, 2024 FY 2024 DHS STANDARD TERMS AND CONDITIONS

Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs- civil-rights-evaluation-tool. DHS Civil Rights Evaluation Tool | Homeland Security
The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension to the 30-day deadline if the recipient identifies steps and a timeline for completing the tool. Recipients must request extensions by emailing the request to [email protected] prior to expiration of the 30-day deadline.

C. S tandard Terms & Conditions
I. Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal award funding when issuing s
tatements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal award funds.

II. Activities Conducted Abroad
Recipients must coordinate with appropriate government authorities when performing project activities outside the United States obtain all appropriate licenses, permits, or approvals.

III. Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94-135 (codified as amended at 42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance.

IV. Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101– 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities.

V. Best Practices for Collection and Use of Personally Identifiable Information Recipients who collect personally identifiable information (PII) as part of carrying out the scope of work under a federal award are required to have a publicly availabl e
pr
ivacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to t
hat individual. Recipients may also find the DHS Privacy Impact Assessments:

Privacy Guidance and Privacy Template as useful resources respectively.

VI. Civil Rights Act of 1964 – Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 , P
ub. L. No. 88-352 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to d
iscrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21. Recipients of a n aw
ard from the Federal Emergency Management Agency (FEMA) must also comply with F
EMA’s implementing regulations at 44 C.F.R. Part 7.
233
DHS Standard Terms & Conditions: FY 2024 Version 3 April 4, 2024 FY 2024 DHS STANDARD TERMS AND CONDITIONS

VII. Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No. 90-284 (codified as amended at 42 U.S.C. § 3601 et seq.) which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection. therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex, as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units — i
.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and c
onstructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) VIII. Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any
work first produced under federal awards and also include an acknowledgement that the work was produced under a federal award (including the federal award number and federal awarding agency). As detailed in 2 C.F.R. § 200.315, a federal awarding agenc
y reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes and to authorize others to do s
o.

IX. Debarment and Suspension
Recipients must comply with the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689 set forth at 2 C.F.R.

P
art 180 as implemented by DHS at 2 C.F.R. Part 3000. These regulations prohibit recipients from entering into covered transactions (such as subawards and contracts) with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities.

X. Drug-Free Workplace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government- wide implementation (2 C.F.R. Part 182) of the Drug-Free Workplace Act of 1988 (41 U
.S.C. §§ 8101-8106).

XI. Duplicative Costs
Recipients are prohibited from charging any cost to this federal award that will be included as a cost or used to meet cost sharing or matching requirements of any other federal award in either the current or a prior budget period. (See 2 C.F.R. § 200.403(f)). However, recipients may shift costs that are allowable under two or more federal awards where ot
herwise permitted by federal statutes, regulations, or the federal financial assistance award t
erms and conditions.

XII. Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. No. 92-318 (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded fr om par
ticipation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17. Recipients of an award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA’s implementi ng r
egulations at 44 C.F.R. Part 19.
234
DHS Standard Terms & Conditions: FY 2024 Version 3 April 4, 2024 FY 2024 DHS STANDARD TERMS AND CONDITIONS

XIII. E.O. 14074 – Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety
R
ecipient State, Tribal, local, or territorial law enforcement agencies must comply with t he r
equirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local, or territorial law enforcement agencies are also encouraged to adopt and enforce policies consistent wit h E
.O. 14074 to support safe and effective policing.

XIV. Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act, P
ub. L. No. 94-163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which c
ontain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

XV. False Claims Act and Program Fraud Civil Remedies
Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§ 3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the F
ederal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative r
emedies for false claims and statements made.)
XVI. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt.

Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.)
XVII. Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging whil e d
riving recipient-owned, recipient-rented, or privately owned vehicles when on official government business or when performing any work for or on behalf of the Federal Government. Recipients are also encouraged to conduct the initiatives of the type des
cribed in Section 3(a) of E.O. 13513.

XVIII. Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (a list of certified air carriers can be found at: Certificated Air Carriers List | US Department of Transportation , ht
tps://www.transportation.gov/policy/aviation-policy/certificated-air-carriers-list)for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive P
ractices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the C
omptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.

XIX. Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space funded entirely or in part by federal award funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a.

XX. John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to t he pr
ohibitions described in section 889 of the John S. McCain National Defense Authorization A
ct for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. The statute – as it applies to DHS recipients, subrecipients, and their contractors and subcontractors – prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and c
ontracting with certain entities for national security reasons. 235
DHS Standard Terms & Conditions: FY 2024 Version 3 April 4, 2024 FY 2024 DHS STANDARD TERMS AND CONDITIONS

XXI. Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services.

For additional assistance and information regarding language access obligations, pleas e
r
efer to the DHS Recipient Guidance: https://www.dhs.gov/guidance-published-help- department-supported-organizations-provide-meaningful-access-people-limited and add
itional resources on http://www.lep.gov.

XXII. Lobbying Prohibitions
Recipients must comply with 31 U.S.C. § 1352 and 6 C.F.R. Part 9, which provide that none of the funds provided under a federal award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Per 6 C.F.R .

P
art 9, recipients must file a lobbying certification form as described in Appendix A to 6 C
.F.R. Part 9 or available on Grants.gov as the Grants.gov Lobbying Form and file a l
obbying disclosure form as described in Appendix B to 6 C.F.R. Part 9 or availabl e on G
rants.gov as the Disclosure of Lobbying Activities (SF-LLL).

XXIII. National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of 1969, Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq.) (NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementin g t
he Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productiv e har
mony and fulfill the social, economic, and other needs of present and future gener
ations of Americans.

XXIV. Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries.

Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing th e
par
ticipations of faith- based organizations in individual DHS programs.

XXV. Non-Supplanting Requirement
Recipients of federal awards under programs that prohibit supplanting by law must ensur e t
hat federal funds supplement but do not supplant non-federal funds that, in the absence of such federal funds, would otherwise have been made available for the same purpose.

XXVI. Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, scope of work, and other conditions set forth i n t
he Notice of Funding Opportunity (NOFO) for this federal award are incorporated by reference. All recipients must comply with any such requirements set forth in the NOFO. If a c
ondition of the NOFO is inconsistent with these terms and conditions and any suc h t
erms of the Award, the condition in the NOFO shall be invalid to the extent of t he i
nconsistency. The remainder of that condition and all other conditions set forth in t he N
OFO shall remain in effect.
236
DHS Standard Terms & Conditions: FY 2024 Version 3 April 4, 2024 FY 2024 DHS STANDARD TERMS AND CONDITIONS

XXVII. Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable r
egulations governing inventions and patents, including the regulations issued by the D
epartment of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Awards, Contracts, and C
ooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. § 401.14.

XXVIII. Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962) and 2 C.F.R. § 200.
323. The requirements of Section 6002 include procuring only items designated i n gui
delines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that c
ontain the highest percentage of recovered materials practicable, consistent with mai
ntaining a satisfactory level of competition.

XXIX. Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112 (codified as amended at 29 U.S.C. § 794), which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be s
ubjected to discrimination under any program or activity receiving federal financial assistance.

XXX. Reporting of Matters Related to Recipient Integrity and Performance If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time dur
ing the period of performance of the federal award, then the recipient must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated by reference.

XXXI. Reporting Subawards and Executive Compensation
For federal awards that equal or exceed $30,000, recipients are required to comply with t he r
equirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation set forth at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated by reference.

XXXII. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Recipients of an award of Federal financial assistance from a program for infrastructure are her
eby notified that none of the funds provided under this award may be used for a project for infrastructure unless:
(
1) all iron and steel used in the project are produced in the United States—this means all manu
facturing processes, from the initial melting stage through the application of coatings, occurred in the United States;
(
2) all manufactured products used in the project are produced in the United States —this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining t he
mi
nimum amount of domestic content of the manufactured product has been es
tablished under applicable law or regulation; and
237
DHS Standard Terms & Conditions: FY 2024 Version 3 April 4, 2024 FY 2024 DHS STANDARD TERMS AND CONDITIONS

(
3) all construction materials are manufactured in the United States—this means that all manu
facturing processes for the construction material occurred in the United States.

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

Waivers
When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. The agency should notify the recipient for information on the process for requesting a waiver from these requirements.
(a) When the Federal agency has determined that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that:
(
1) applying the domestic content procurement preference would be inconsistent with the public interest;
(
2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or
(
3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent.

A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Offic e.

T
here may be instances where an award qualifies, in whole or in part, for an existing waiver described at "Buy America" Preference in FEMA Financial Assistance Programs for Infrastructure | FEMA.gov.

D
efinitions
T
he definitions applicable to this term are set forth at 2 C.F.R. § 184.3, the full text of which is incorporated by reference.

XXXIII. SAFECOM
Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on t
echnical standards that ensure and enhance interoperable communications. The S
AFECOM Guidance is updated annually and can be found at Funding and Sustainment | CISA.
238
DHS Standard Terms & Conditions: FY 2024 Version 3 April 4, 2024 FY 2024 DHS STANDARD TERMS AND CONDITIONS

XXXIV. Terrorist Financing
Recipients must comply with E.O. 13224 and applicable statutory prohibitions on transactions with, and the provisions of resources and support to, individuals and or
ganizations associated with terrorism. Recipients are legally responsible for ensuring compliance with the E.O. and laws.

XXXV. Trafficking Victims Protection Act of 2000 (TVPA) Recipients must comply with the requirements of the government-wide financial assistance award term which implements Trafficking Victims Protection Act of 2000, Pub. L. No. 1 06- 386, § 106 (codified as amended at 22 U.S.C. § 7104). The award term is located at 2 C.F.R. § 175.15, the full text of which is incorporated by reference.

XXXVI. Universal Identifier and System of Award Management Recipients are required to comply with the requirements set forth in the government -wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated reference.

XXXVII. USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and S
trengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.

XXXVIII. Use of DHS Seal, Logo and Flags
Recipients must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of D
HS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials.

XXXIX. Whistleblower Protection Act
R
ecipients must comply with the statutory requirements for whistleblower protections at 10 U.S.C § 470141 U.S.C. § 4712.
239

FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.

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

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

Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.) and adopted by the Department of Homeland Security (DHS) at 2 C.F.R. Part 3002.10. Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.

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

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

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

Page 1 of 15 ends

Rocklin City CouncilSeptember 9, 2025

Rocklin City Council
September 9, 2025