For Council Approval
Not for Construction
GC - 7:17
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] The provisions of this paragraph shall be inserted in all subcontracts and material Contracts, and notice of its provisions shall be given to all persons furnishing materials for the Work when no formal Contract is entered into for such materials.
[END OF GENERAL CONDITIONS]
For Council Approval
Not for Construction
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024]
SUPPLEMENTAL CONDITIONS
Project: ____________________________
For Council Approval
Not for Construction
SC - 1
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] Scope of Supplemental Conditions
1. The Work shall be performed in accordance with the General Conditions and Department Standards, except as the General Conditions may be modified by the following additional City Standards, incorporated herein by this reference, if so indicated.
COMMUNITY DESIGN GUIDELINES
311 Vernon Street, Roseville, CA 95678
SPECIFICATIONS FOR COMMERCIAL
CONSTRUCTION (ELECTRIC)
2090 Hilltop Circle, Roseville, CA 95747
PARKS CONSTRUCTION STANDARDS
316 Vernon Street, Suite 400, Roseville, CA 95678
DESIGN AND CONSTRUCTION STANDARDS
311 Vernon Street, Roseville, CA 95678
OTHER
Above documents are available at: www.roseville.ca.us.
2. Numbering in these Supplemental Conditions conforms to that in the General Conditions. The existence of a section in these Supplemental Conditions means that the corresponding section in the General Conditions is modified in some respect. Unless otherwise specified, the modified General Condition is deleted entirely and the provisions of these Supplemental Conditions are substituted.
For Council Approval
Not for Construction
SC - 2
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] SECTION 1. DEFINITIONS AND TERMS
1-1.24 DEPARTMENT. Section 1-1.24 of the General Conditions is amended to include the following:
The Department for Contract Administration is the ________________________ Department of the City of Roseville.
For Council Approval
Not for Construction
SC - 3
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] SECTION 2. CONTROL AND SCOPE OF THE WORK
2-1.08 SUBMITTALS. Section 2-1.08 of the General Conditions is amended to include the following:
The time allowed for review of each submittal is ____ Days after receipt of the submittal by the Director.
For Council Approval
Not for Construction
SC - 4
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] SECTION 3. CHANGES IN THE WORK
There are no amendments to the General Conditions.
For Council Approval
Not for Construction
SC - 5
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] SECTION 4. CONTROL OF MATERIALS
There are no amendments to the General Conditions.
For Council Approval
Not for Construction
SC - 6
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] SECTION 5. LEGAL RELATIONS AND RESPONSIBILITY
5-1.14 AIR POLLUTION CONTROL AND ASBESTOS. Section 5-1.14 of the General Conditions is amended to include the following:
To the best of the City's knowledge, asbestos _________ present in the vicinity of the Project. Additional information shall be made available to Contractor upon request.
For Council Approval
Not for Construction
SC - 7
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] SECTION 6. PROSECUTION AND PROGRESS
6-1.04 PROGRESS SCHEDULE. Section 6-1.04F of the General Conditions is amended to include the following:
Progress schedules showing project completion dates more than ________ Days earlier than specified in Section 6-1.07 shall be rejected. 6-1.07 TIME OF COMPLETION. Section 6-1.07 of the General Conditions is amended to include the following:
The Contractor shall begin Work within _____ business days after receiving a Notice to Proceed and shall diligently prosecute the Work to completion. The Work shall be completed within ____ business days of the Notice to Proceed.
If landscaping plants require an establishment period, that period will be ____ calendar days. Start of the establishment should be as outlined in the Specifications. 6-1.08 LIQUIDATED DAMAGES. Section 6-1.08 of the General Conditions is amended to include the following:
The amount of Liquidated Damages is the sum of $_________ per Day.
For Council Approval
Not for Construction
SC - 8
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] SECTION 7: ACCEPTANCE AND PAYMENT
There are no amendments to the General Conditions.
[END OF SUPPLEMENTAL CONDITIONS]
For Council Approval
Not for Construction
SPEC
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024]
SPECIFICATIONS
Project: __________________________
For Council Approval
Not for Construction
DRAW
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024]
DRAWINGS
Project: __________________________
For Council Approval
Not for Construction
AB 626 - 1
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] TEXT OF AB 626
Assembly Bill No. 626
CHAPTER 810
An act to add and repeal Section 9204 of the Public Contract Code, relating to public contracts.
[Approved by Governor September 29, 2016. Filed with Secretary of State September 29, 2016.]
LEGISLATIVE COUNSEL’S DIGEST
AB 626, Chiu. Public contracts: claim resolution.
Existing law prescribes various requirements regarding the formation, content, and enforcement of state and local public contracts. Existing law applicable to state public contracts generally requires that the resolution of claims related to those contracts be subject to arbitration.
Existing law applicable to local agency contracts prescribes a process for the resolution of claims related to those contracts of $375,000 or less.
This bill would establish, for contracts entered into on or after January 1, 2017, a claim resolution process applicable to any claim by a contractor in connection with a public works project. The bill would define a claim as a separate demand by the contractor for one or more of the following: a time extension for relief from damages or penalties for delay, payment of money or damages arising from work done pursuant to the contract for a public work, or payment of an amount disputed by the public entity, as specified.
This bill would require a public entity, defined to exclude certain state entities, upon receipt of a claim sent by registered or certified mail, to review it and, within 45 days, provide a written statement identifying the disputed and undisputed portions of the claim. The bill would authorize the 45-day period to be extended by mutual agreement. The bill would require any payment due on an undisputed portion of the claim to be processed within 60 days, as specified. The bill would require that the claim be deemed rejected in its entirety if the public entity fails to issue the written statement.
This bill would authorize, if the claimant disputes the public entity’s written response or if the public entity fails to respond to a claim within the time prescribed, the claimant to demand to meet and confer for settlement of the issues in dispute. The bill would require any disputed portion of the claim that remains in dispute after the meet and confer conference to be subject to nonbinding mediation, as specified. The bill would provide that unpaid claim amounts accrue interest at 7% per annum. The bill would prescribe a procedure by which a subcontractor or lower tier contractor may make a claim through the contractor.
This bill would require the text of these provisions, or a summary, to be set forth in the plans or specifications for any public work which may give rise to a claim. The bill would specify that a waiver of these rights is void and contrary to public policy, except as specified. The bill would also specify that it does not impose liability on a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
For Council Approval
Not for Construction
AB 626 - 2
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] By increasing the duties of local agencies and officials, this bill would impose a statemandated local program.
This bill would, on January 1, 2020, repeal the provision establishing the claim resolution process.
This bill would specify that these provisions constitute a matter of statewide concern.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
The people of the State of California do enact as follows:
SECTION 1. Section 9204 is added to the Public Contract Code, to read:
9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section:
(1) ”Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) ”Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) ”Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) ”Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
(ii) The Department of Transportation as to any project under the jurisdiction of that department.
For Council Approval
Not for Construction
AB 626 - 3
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) ”Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) ”Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each For Council Approval
Not for Construction
AB 626 - 4
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2020, and as of that date is For Council Approval
Not for Construction
AB 626 - 5
[B:\City Attorney\agreement\form agreements\Project Manuals\buildings & grounds.docx; 1/4/2024] repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
SECTION 2.
The Legislature finds and declares that it is of statewide concern to require a charter city, charter county, or charter city and county to follow a prescribed claims resolution process to ensure there are uniform and equitable procurement practices.
SECTION 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
For Council Approval
Not for Construction
Vicinity Map for Crimson Ridge Park
Park Site
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BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767 Sacramento, CA 95816
6565
INDUSTRIAL AVE
FOOTHILLS BLVD
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ROSEVILLE PKWY
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For Council Approval
Not for Construction
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767 Sacramento, CA 95816
For Council Approval
Not for Construction
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BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767 Sacramento, CA 95816
For Council Approval
Not for Construction
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BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767 Sacramento, CA 95816
For Council Approval
Not for Construction
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767 Sacramento, CA 95816
For Council Approval
Not for Construction
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BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767 Sacramento, CA 95816
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For Council Approval
Not for Construction
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14+00 13+00 12+00 11+00 10+0014+00 13+00 12+00 11+00 10+00 13+00 14+00
10+00 11+00
10"S
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U
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10"S
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30" D
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18"D
12"D 12"D
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2 1
2"
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M
xM
#
#"
#
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767 Sacramento, CA 95816
For Council Approval
Not for Construction
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767 Sacramento, CA 95816
For Council Approval
Not for Construction
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767 Sacramento, CA 95816
For Council Approval
Not for Construction
6"D
8"D
6"D
8"D 8"D
6"D
6"D
6"D
6"D
6"D
6"D
6"D
12"D 12"D
6" RW
19+00 18+00 17+00 16+00 15+00
20+00
19+00 18+00 17+00 16+00 15+00
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6"S
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12"W
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2"RW
6"S
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6"RW
6"RW
1" W
12"W
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30" D
18"D
12"D 12"D
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U T U
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8"D
6"D
8"D 8"D
6"D
6"D
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6"D
6"D
6"D
6"D
12"D 12"D
6" RW
19+00 18+00 17+00 16+00 15+00
20+00
19+00 18+00 17+00 16+00 15+00
20+00
13+00
10+00 11+00
6"S
12"W
12"W
12"W
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2"RW
6"S
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6"RW
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12"W
8"W
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6"S
30" D
18"D
12"D 12"D
30" D
U
U T U
19+00 18+00 17+00 16+00 15+00
20+00
19+00 18+00 17+00 16+00 15+00
20+00
13+00
10+00 11+00
6"S
12"W
12"W
12"W
6"RW
2"RW
6"S
1" W
M-12
6"RW
6"RW
1" W
12"W
8"W
30" D
6"S
30" D
18"D
12"D 12"D
30" D
U
U T U
19+00 18+00 17+00 16+00 15+00
20+00
19+00 18+00 17+00 16+00 15+00
20+00
13+00
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6"S
12"W
12"W
12"W
6"RW
2"RW
6"S
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6"RW
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6"S
30" D
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U
U T U
™
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767 Sacramento, CA 95816
For Council Approval
Not for Construction
6"D
6"D
6"D
12"D 12"D
6"D
6"D
6"D
8"D 8"D
6" RW
8"D
14+00 13+00 12+00 11+00 10+00
14+00 13+00 12+00 11+00 10+00 13+00
14+00
10+00 11+00
10"S
12"W
1"W
6"RW
8"W
12"W
30" D
30" D
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30"D
18"D
12"D 12"D
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U
U T U
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6"D
6"D
12"D 12"D
6"D
6"D
6"D
8"D 8"D
6" RW
8"D
14+00 13+00 12+00 11+00 10+0014+00 13+00 12+00 11+00 10+00 13+00 14+00
10+00 11+00
10"S
12"W
1"W
6"RW
8"W
12"W
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30" D
6"S
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18"D
12"D 12"D
U
U
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14+00 13+00 12+00 11+00 10+0014+00 13+00 12+00 11+00 10+00 13+00 14+00
10+00 11+00
10"S
12"W
1"W
6"RW
8"W
12"W
30" D
30" D
6"S
30"D
18"D
12"D 12"D
U
U
U T U
U
14+00 13+00 12+00 11+00 10+0014+00 13+00 12+00 11+00 10+00 13+00 14+00
10+00 11+00
10"S
12"W
1"W
6"RW
8"W
12"W
30" D
30" D
6"S
30"D
18"D
12"D 12"D
U
U
U T U
U
™
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Fax 916.341.7767 Sacramento, CA 95816
For Council Approval
Not for Construction
ORDINANCE NO. 6780
ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE
AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2023-24
BUDGET AND DECLARING THIS ORDINANCE TO BE IMMEDIATELY
EFFECTIVE AS AN APPROPRIATION MEASURE
THE CITY OF ROSEVILLE ORDAINS:
SECTION 1. The City of Roseville Annual Budget, Fiscal Year 2023-24, is hereby amended as listed on the attached budget adjustment for the Crimson Ridge Park Upgrades project.
SECTION 2. This ordinance is hereby declared to be an appropriation measure, immediately effective pursuant to the provisions of Section 5.03 of the Charter.
SECTION 3. The City Clerk is hereby authorized and directed to post a true copy of the foregoing ordinance in each of three (3) conspicuous locations in the City and she shall immediately after such posting enter in the ordinance book, under the record of the ordinance, a certificate under her hand stating the time and place of such publication by posting.
PASSED AND ADOPTED by the Council of the City of Roseville, this day of , 2024, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
EXPENDITURES/EXPENSES/TRANSFERS OUT
REQUEST FOR BUDGET ADJUSTMENT
Updated 12/1/2023
ACCOUNT STRING BUDGET ($) DESCRIPTION
Fund Account Center Project Adjustment
1001 6587 84001 500431 450,000 Establish budget for new capital project - Crimson Ridge Park Upgrades project
EXPENDITURES/EXPENSES/TRANSFERS OUT TOTAL 450,000
REVENUES/TRANSFERS IN
ACCOUNT STRING BUDGET ($) DESCRIPTION
Fund Account Center Project Adjustment
REVENUES/TRANSFERS IN TOTAL -
NET ADJUSTMENT 450,000
FUND BALANCE
ACCOUNT STRING BUDGET ($) DESCRIPTION
Fund Account Center Project Adjustment
1001 3601 00000 000000 (450,000) Reduce General Fund available resources 3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
FUND BALANCE TOTAL (450,000)
Justification for Budget Adjustment:
Staff recommends that Council authorize the establishment of a new Capital Improvement Project – the Crimson Ridge Park Upgrades project (the "Project"), and adopt an ordinance to approve a budget adjustment appropriating $450,000 from FY2022-23 General Fund surplus funds to the project.
The new project will fund additional amenities that better align with the approved master plan. The improvements include a second picnic area with tables, a shade structure over the current picnic area, more pathways including a park bench, new turf areas, new planting areas, and an expansion of the irrigation system to support the added turf areas.
REQUESTER NAME & TITLE: Anita Kwong, Management Analyst FISCAL YEAR: 2023-24 PREPARER NAME & TITLE: Anita Kwong, Management Analyst COUNCIL DATE (if applicable): 02/21/24 DEPARTMENT/DIVISION: Parks, Recreation & Libraries ORDINANCE:
COUNCIL COMMUNICATION
CC #: 3177
File #: 0200
Title:
Fiscal Year (FY) 2023-24 First Quarter Report and FY2024-25 Budget Development Calendar
Contact: Nancy Rothlisberger 916-774-5314 [email protected] Meeting Date: 2/21/2024
Item #: 8.1.
RECOMMENDATION TO COUNCIL
This is an informational item and requires no City Council actions.
BACKGROUND
FY2023-24 First Quarter Financial Report
The attached report provides an overview of the City’s General Fund revenues for the first quarter of FY2024-25 (July 1, 2023 – June 30, 2024). General Fund expenditures, major enterprise operating fund revenue and expenditures, and revenues in other selected funds will be included beginning with the FY2023-24 second quarter report.
FY2024-25 Budget Development Calendar
Staff will present an overview of the FY2024-25 budget development calendar.
FISCAL IMPACT
There is no fiscal impact associated with this item.
ENVIRONMENTAL REVIEW
Not applicable.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal A – Remain fiscally responsible in a changing world Respectfully Submitted,
Scott Pettingell, Assistant Finance Director
Dennis Kauffman, Assistant City Manager/Chief Financial Officer _____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
First Quarter Budget Report
Fiscal Year 2023-24
First Quarter Report
General Fund Revenues
1 Fiscal Year 2023-24 – First Quarter Report
General Fund Revenues
Overview
This financial report provides an overview of the City’s General Fund revenues for the first quarter of the fiscal year (FY) 2023-24 (July 1, 2023, through September 30, 2023). General Fund expenditures, major enterprise operating funds revenues and expenditures, and revenues in other selected funds will be included beginning with the second quarter report.
General Fund operating revenues collected through the first quarter are seven percent of the budget. This result is expected and in line with prior years due to the timing of receiving some of the more significant tax revenue sources. The table and graph included in this report show cumulative General Fund operating revenue through the first quarter and a revenue budget to actual comparison. Following the table and graph are additional details on each of the City’s major revenue streams.
The following factors should be taken into consideration when analyzing this information:
Sales and Use Tax is the largest General Fund revenue source. The City only receives one month of sales tax revenue in the first quarter of each fiscal year due to the California Department of Tax and Fee Administration (CDTFA) processing timelines. First-quarter revenues are derived from taxable sales through July 2023, received in September.
Property Tax is the second largest General Fund revenue source, but most of this tax is received from Placer County in the third (mid-January) and fourth (mid-May) quarters. This distribution schedule is why no significant property tax revenues appear in the following table and graph.
Transient Occupancy Tax (or hotel tax) for the first quarter is derived from payments received through August; therefore, the following charts only reflect two months of TOT revenues.
Other Revenues, including reimbursements from the State, property transfer tax, business license tax, and other fees, are tracking eight percent lower than estimates through the end of the first quarter.
Year-End Forecast
General fund revenues through the first quarter of FY2023-24 are trending to end the year slightly under budget estimates. Sales tax (Bradley Burns and Measure B) revenue growth rates have decreased compared to the growth the City experienced in the years coming out of the pandemic, influenced by the impacts of inflation and shifting consumer spending habits to areas constrained during the pandemic. Sales 2 tax revenues are expected to finish the fiscal year at 4 percent, or $4.5 million, below estimates. This yearend forecast represents a 2 percent decline, or $1.6 million, from the sales tax revenue received in FY2022-
23. Recent estimates from the County indicate that property tax revenues will exceed estimates by $1.2 million.
The City’s hotel tax, is expected to meet the budget target through the end of the fiscal year. Development activity in the City continued its upward trend from prior years through the first quarter of FY2023-24. Staff expects this trend to persist through the second quarter, slowing down in the latter half of the fiscal year.
Building permits, plan check fees, and engineering inspection fees are expected to be on or above budget.
Recreation program revenues are expected to meet targets through the end of the fiscal year.
Staff will continue to monitor General Fund revenues closely. Revenues in other categories may exceed projections, potentially offsetting the anticipated sales tax shortfall. If additional revenues are not realized, staff anticipates that there will be sufficient General Fund expenditure savings (labor and materials, services and supplies) available to address the anticipated revenue shortfall. As precautionary measures, staff have delayed transferring the $4.6 million additional discretionary payment (ADP) to CalPERS until later in the fiscal year, and plan to recommend holding a portion of the one-time FY2022-23 General Fund surplus in case sales tax revenue continues to decline, or if inadequate expenditure savings are available. Overall, this multifaceted approach aims to ensure positive year-end results for the City, barring any significant unforeseen revenue or expenditure impacts.
General Fund: Operating Revenues
The following table includes cumulative General Fund operating revenue through the first quarter and a revenue budget to actual comparison for FY2023-24.
BUDGET TO CUMULATIVE REVENUE COMPARISON
(July 1 – September 30)
Revenue Type Amended
Budget
Cumulative
Revenues
Balance
Remaining
% of
Budget
Sales and Use Tax - Bradley Burns $ 72,688,000 $ 5,494,300 $ (67,193,700) 8% Sales and Use Tax - Measure B 29,775,000 2,515,271 (27,259,729) 8% Sales and Use Tax - State Aid for Public Safety 1,777,000 282,305 (1,494,695) 16% Property Tax 70,347,000 22,093 (70,324,907) 0%
Transient Occupancy Tax (TOT) 7,250,000 1,299,192 (5,950,808) 18% Parks, Recreation & Library Programs 4,710,632 1,368,428 (3,342,204) 29% Building Permits 2,920,836 846,148 (2,074,688) 29%
Plan Check Fees 2,536,300 835,675 (1,700,625) 33%
Engineering Inspection Fees 353,196 78,060 (275,136) 22% Other Revenues 15,379,701 2,630,206 (12,749,495) 17%
TOTAL $ 207,737,665 $ 15,371,678 $ (192,365,987) 7%
3 General Fund operating revenues collected through the first quarter are seven percent of the budget primarily due to the timing associated with receiving some of the more significant tax revenue sources. For instance, property tax is the second largest General Fund revenue source, but most of this funding is received in the third and fourth quarters of the fiscal year. The following is an explanation of the notable variances:
Bradley Burns and Measure B Sales Tax
The City's Bradley Burns and Measure B Sales Tax revenues through the first quarter amount to eight percent of the budget. Sales tax revenue received by the City during this period is derived from taxable sales through July 2023. To date, the City has received Bradley Burns and Measure B Sales Tax distributions from taxable sales through the end of November, totaling $27,785,331 in Bradley Burns Sales Tax and $11,642,369 in Measure B Sales Tax.
The latest analysis and forecast by the City's sales tax consultant indicate a decline in sales tax revenues compared to the previous fiscal year. The decrease is mainly due to the continuing impact of higher interest rates and a shift in consumer spending towards service-related purchases that are not taxable. The consultant's more conservative growth forecast is influenced by several factors, including broader economic risks such as geopolitical instability, severe weather events, housing costs, oil price shocks, and instability in commercial real estate markets in major urban centers. These factors may have adverse effects on markets, supply chains, and consumer confidence.
8%
8%
16%
0%
18%
29%
29%
33%
22%
17%
7%
0% 20% 40% 60% 80% 100%
Sales and Use Tax - Bradley Burns
Sales and Use Tax - Measure B
Sales and Use Tax - Public Safety
Property Tax
Transient Occupancy Tax (TOT)
Parks, Recreation & Library
Building Permits
Plan Check Fees
Engineering Inspection Fees
Other Revenues
Total
Cumulative Percentage of Revenue Collected
Amended
Budget
4 The consultant provides a year-end forecast that includes conservative, most-likely, and optimistic scenarios (see chart below). The most-likely forecast indicates that revenues may end at $68.9 million (Bradley Burns) and $29 million (Measure B), which is $4.5 million under budget estimates.
Revenue Type Conservative Most-Likely Optimistic
Sales and Use Tax - Bradley Burns $ 67,305,000 $ 68,961,000 $ 70,616,000 Sales and Use Tax - Measure B 28,122,000 29,012,000 29,902,000 TOTAL $ 95,427,000 $ 97,973,000 $ 100,518,000
Budget Versus Updated Forecast Amended Budget Most-Likely Variance Sales and Use Tax - Bradley Burns $ 72,688,000 $ 68,961,000 $ (3,727,000) Sales and Use Tax - Measure B 29,775,000 29,012,000 (763,000) TOTAL $ 102,463,000 $ 97,973,000 $ (4,490,000)
The graphs provided below show Bradley Burns and Measure B Sales and Use Tax revenues for the month of July as compared to budget and the projected year-end results.
Additional Sales Tax Information: The City's sales tax consultant has prepared a detailed sales tax report and business activity. The report provides a list of the top 25 sales tax remitters, a summary of cash receipts, and sales tax data by economic category. A copy of the report is attached to the end of this report. $72.7
$5.5
$69.0
$0
$10
$20
$30
$40
$50
$60
$70
$80
Budget Actuals Year-end
Projection Millions
Bradley Burns Sales & Use Tax
Most-Likely
$70.6 Optimistic
$67.4 Conservative
$29.8
$2.5
$29.0
$0
$5
$10
$15
$20
$25
$30
$35
Budget Actuals Year-end
Projection Millions
Measure B Sales & Use Tax
Most-Likely
$29.9 Optimistic
$28.1 Conservative
5 Secured, Unsecured, and Supplemental
Property Tax
Property tax revenue for FY2023-24 is based on the
assessed valuation as of January 1, 2023. The City
receives most of this funding in the third and fourth quarters of the fiscal year. Based on the information provided by the County Auditor-Controller's Office, staff anticipates property tax collections of $71.5 million, exceeding budget estimates by approximately $1.2 million.
Transient Occupancy Tax (TOT)
The City's transient occupancy tax (TOT) revenues, also known as the hotel tax, are tracking on budget through the end of the first quarter. TOT collected through December 2023 totals $3.7 million, 51 percent of budget estimates.
On November 8, 2022, Roseville voters approved Measure
C, increasing the City’s TOT rate from six percent to 10 percent, effective January 1, 2023. The graph below
presents monthly TOT revenues from July through
December for FY2023-24 compared to hotel tax revenue
received in FY2022-23 under the prior tax rate.
0 200
400
600
800
July August September October November December Thousands Monthly Hotel Tax Revenue
2-Year Comparison
FY2023-24 FY2022-23
$70.3
$0.0
$71.5
$0
$10
$20
$30
$40
$50
$60
$70
$80
Budget Actuals Year-end
Projection Millions
Property Tax
$7.3
$1.3
$7.3
$0.0
$1.0
$2.0
$3.0
$4.0
$5.0
$6.0
$7.0
$8.0
Budget Actuals Year-end
Projection Millions
Transient Occupancy Tax (TOT)
6 Parks, Recreation & Library (PRL) Programs
Parks, Recreation & Libraries program revenues are above 25 percent for the first quarter at 29 percent, because PRL revenues fluctuate throughout the year due to the seasonality of programming. Based on the current results, staff anticipates PRL is on track to meet its FY2023-24 revenue goals.
Building Permits, Plan Check Fees, Engineering Inspection Fees Building permit and plan check fee revenues ended the first quarter slightly above budget due to sustained increases in the City’s development activity. Staff anticipates that revenues will remain higher than budget through the second quarter of the fiscal year, with a slowdown in development during the winter season and the second half of the year. While engineering inspection fee revenues are down through the first quarter, staff anticipates revenue will increase in the second quarter.
Other Revenues
Other revenues include reimbursements from the State, development reimbursement activity, property transfer tax, business license tax, rental payments animal licensing, passport processing, permit franchise, and other fees. As of the end of the first quarter, revenues in this category are 17 percent of budget estimates. This rate of collection is in line with expectations.
Top 25 Sales Tax Remitters California sales tax cash receipts decreased by 3.2% from the same quarter last year. In this jurisdiction sales tax cash ARCO AM/PM MINI MARTS receipts decreased by 6.2% from the same quarter last year AUTONATION CHRYSLER DODGE JEEP RAM ROSEVILLE due to a decrease of $115,352,000 in Taxable Sales.
AUTONATION HONDA
BMW OF ROSEVILLE Cash Receipts Quarter Annual
CARMAX AUTO SUPERSTORES Roseville -6.2% -3.0%
CHEVRON SERVICE STATIONS Placer Countywide Pool -6.9% -7.1% COSTCO WHOLESALE Placer Countywide -1.4% -2.8%
ECHOPARK AUTOMOTIVE Sacramento Valley Region -1.6% -1.8% FUTURE FORD Statewide -3.2% -0.3%
FUTURE NISSAN
GMC RELIABLE Annualized Percent Change in Sales Tax Cash Receipts
HOME DEPOT
LEXUS OF ROSEVILLE
MACY'S DEPARTMENT STORE
MCKESSON MEDICAL -SURGICAL
NIELLO ACURA
NORDSTROM DEPARTMENT STORE
ROSEVILLE CHEVROLET
ROSEVILLE HYUNDAI
ROSEVILLE KIA
ROSEVILLE TOYOTA & SCION
SAM'S CLUB
TARGET STORES
VANDERBEEK MOTORS
WAL MART STORES
Business Activity Quarter Annual Quarter Annual
-3.9% -2.1% -0.3% 0.6%
4.0% 5.6% -2.0% 2.7%
0.0% -3.3% -7.3% -3.8%
-3.2% -6.3% -4.9% -4.3%
General Retail (e.g., dept. stores, misc. retail)
Food Products (e.g., markets and restaurants)
Transportation (e.g., new & used autos, gas stations)
Construction (e.g., retail & wholesale construction)
Business To Business (e.g., IT, industrial equip. etc.) -1.2% 3.5% -9.6% -4.2% TOTAL LOCAL BUSINESS ACTIVITY -1.0% -1.1% -4.4% -1.3%
COUNTYWIDE POOL ACTIVITY -11.4% -7.2% -8.0% -4.1%
City of Roseville
Roseville California
Quarterly Report on Sales Tax and Business Activity
3rd Quarter 2023 in Review
-12.0%
-6.0%
0.0%
6.0%
12.0%
18.0%
24.0%
30.0%
Roseville Placer Countywide Statewide
Placer Countywide Pool -6.9% -7.1%
7 Roseville
Annual Per Capita Sales Tax
Adjusted for Inflation
(Constant 2019 $)
City of Roseville
News
Economic Activity: Real Gross Domestic Product (GDP) increased at an annual rate of 3.0% in the third quarter of 2023. U.S. inflation decreased to 3.6% in October of 2023 compared to 7.7% the same month a year ago.
California's headline inflation decreased to 3.6% year over year as of August of 2023, down from 7.5% in August of 2022. (DIR, BEA, BLS, October Finance Bulletin) Employment: The U.S. unemployment rate increased slightly to 3.8% in September of 2023. California's unemployment rate decreased to 4.7% in September of 2023, 0.3 percentage point higher than March of 2023 rate of 4.4%. (BLS, October Finance Bulletin)
Personal Income: U.S. personal income increased by 4.8% for the third quarter of 2023, compared to same quarter previous year. Compensation of employees increased by 5.4% while personal current taxes decreased by 11.4% from the previous period, resulting in a net gain of 7.6% in disposable income. The increase of disposable income generated a 33.1% increase in US personal savings for the third quarter of 2023, compared to same quarter previous year. (BEA)
2019Q3 $400 2020Q3 $356 2021Q3 $421 2022Q3 $418 2023Q3 $393 $49 $62 $75 $72 $64
$2
$2
$2 $2 $2 $49 $33
$37 $36 $35
$21 $21
$23 $23 $21
$122 $110
$135 $129
$120
$46
$40
$44 $47
$48
$111
$89
$104 $110
$103
General Retail
Food Products
Transportation
Construction
Business To Business
Miscellaneous
County Pool
(Cash Basis)
8 COUNCIL COMMUNICATION
CC #: 3166
File #: 0721-02
Title: American River Bike Patrol - Memorandum of Understanding Contact: Suzanne Engelke 916-746-1289 [email protected] Meeting Date: 2/21/2024
Item #: 9.1.
RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution to approve a Memorandum of Understanding (MOU) between the City of Roseville and the American River Bike Patrol, and authorize the City Manager to execute it.
BACKGROUND
The Bike Patrollers of the all-volunteer American River Bike Patrol (ARBP), a California nonprofit corporation, provide emergency bike repair, first aid, and trail safety along area trails. The group has asked for approval to ride Miner's Ravine and Pleasant Grove Creek trails in an official capacity. It is a requirement for all patrollers to be actively certified by the American Heart Association for CPR and Outdoor First/Emergency Care by the National Ski Patrol.
Since its inception in 2020, ARBP has grown to over 100 members and has attained notoriety being awarded the Most Outstanding Bike Patrol and Bike Unit for three years straight by the National Ski Patrol. Last year, the Patrol provided over 3,730 service hours covering 25,440 trail miles and participated in 93 medical interventions, 25 emergency 911 calls, 3,467 mechanical assists, and 3,187 directional assists.
The subject Memorandum of Understanding (MOU) between the City and ARBP outlines terms, conditions, limits and liabilities of their voluntary patrol within Roseville.
Staff believes that, in addition to the City's Bike Walk Ambassador program, ARBP will provide a greater sense of safety and service to trail users.
FISCAL IMPACT
There is no fiscal impact to the General Fund. The American River Bike Patrol will be donating their service to the community.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. The MOU with the America River Bike Patrol meets the above criteria and is not subject to CEQA. No additional environmental review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal C - Maintain a safe and healthy community
Respectfully Submitted,
Suzanne Engelke, Assistant Transportation Planner
Jason Shykowski, Public Works Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 24-034
MOU
RESOLUTION NO. 24-034
APPROVING A MEMORANDUM OF UNDERSTANDING, BY AND BETWEEN THE CITY
OF ROSEVILLE AND THE AMERICAN RIVER BIKE PATROL, AND AUTHORIZING
THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE WHEREAS, a Memorandum of Understanding regarding bike patrol services on the Miner’s Ravine and Pleasant Grove Creek trails, by and between the City of Roseville and the American River Bike Patrol, has been reviewed by the City Council; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said Memorandum of Understanding is approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.
PASSED AND ADOPTED by the City Council of the City of Roseville this day of , 20 , by the following vote on roll call:
AYES COUNCIL MEMBER:
NOES COUNCIL MEMBER:
ABSENT COUNCIL MEMBER:
Mayor
ATTEST:
City Clerk
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ROSEVILLE AND THE
AMERICAN RIVER BIKE PATROL
THIS MEMORANDUM OF UNDERSTANDING (“MOU” or “Agreement”) is made and entered into this ___ day of ________________, 20__, by and between the City of Roseville, a municipal corporation (the “CITY”), and the American River Bike Patrol (the “ARBP”), a California nonprofit corporation (“ARBP”); and
WITNESSETH:
WHEREAS, the ARBP is a 501(c)(3) nonprofit organization consisting solely of volunteers who are organized and operate in accordance with the ARBP’s “Policies and Procedures” document and its “Patroller’s Handbook,” and in compliance with the Supervision of Trustees and Fundraisers for Charitable Purposes Act, Government Code 12580 et seq.; and WHEREAS, the ARBP’s principal purpose is to provide auxiliary, volunteer group-based bicycle safety patrol, education and first aid services along sections of the multi-use bicycle trails within the greater Sacramento area; and
WHEREAS, the ARBP desires to provide services to and along portions of the paved multi-use bicycle trails within the CITY.
NOW, THEREFORE, the parties agree as follows:
1. Scope of Services. The ARBP will conduct regular public safety patrols along multi-use bicycle paths in the CITY, taking opportunities to:
a. Provide directional assistance to trail users.
2 b. Educate trail users on general trail etiquette and relevant park rules and regulations but shall never attempt to enforce said rules and regulations, nor any other local, state and/or federal law, rule and/or regulation. c. Raise awareness of public safety issues along paved, multi-use trails. d. Raise awareness of the public, community and individual health benefits of safe, lawful and responsible recreation along paved, multi-use trails. e. Offer and provide basic bicycle mechanical and equipment assistance and repairs, including but not limited to flat tire aid, to fellow bicyclists upon request. f. Act as first responders during medical incidents and emergencies encountered while on patrol.
2. Term of Agreement. This MOU shall commence upon execution and expire on June 30, 2029, unless terminated earlier in accordance with this MOU. The parties may elect to extend the MOU and may negotiate the term of any optional renewal. Such extensions shall be memorialized by a written amendment to this Agreement.
3. Indemnification. To the fullest extent allowed by law, the ARBP shall defend, indemnify, and save and hold harmless the CITY, its officers, agents, employees and volunteers from any claims, suits or actions of every name, kind and description brought forth, or on account of, injuries to or death of any person (including but not limited to workers and the public), or damage to property, resulting from or arising out of the ARBP's willful misconduct or negligent act or omission while engaged in the performance of obligations or exercise of rights created by this Agreement, except those matters arising from the CITY's sole negligence or willful misconduct. The parties intend that this provision shall be broadly construed.
The ARBP’s responsibility for such defense and indemnity obligations shall survive the 3 termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnity obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.
4. Insurance. The ARBP shall procure and maintain insurance policies or selfinsurance programs to fund its liability under this MOU. The ARBP agrees to maintain the following coverages during the term of this MOU:
COVERAGE LIMITS OF LIABILITY
Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate
Personal Injury:
$1,000,000 each occurrence
$2,000,000 aggregate
The ARBP shall submit a certificate evidencing such coverage in a form satisfactory to the CITY. The ARBP shall also provide a separate endorsement form or section of the policy showing the CITY, its officers, agents and employees as additional named insureds for each type of coverage, except for Workers’ Compensation.
5. Assignment. This MOU and the rights and duties hereunder shall not be assigned in whole or in part without the express written consent of the parties.
6. Independent Capacity. For purposes of this MOU, the CITY and the ARBP shall each act in an independent capacity and not as officers, employees or agents of the other.
Nothing in this MOU establishes, constitutes or will be construed as establishing or constituting a partnership, agency or employment relationship between the CITY and the ARBP. Anyone providing any service or services outlined in Section 1 of this MOU shall not be agents or 4 employees of the CITY. The ARBP shall retain full authority to direct and control the activities of anyone providing any service or services outlined in Section 1 of this MOU.
7. No Liability. The ARBP shall assume responsibility and liability for the acts of its own personnel in connection with the performance of their official duties under this MOU. For tort liability purposes, the ARBP shall not be considered an agent of the CITY. The ARBP shall be liable for the torts of its own personnel that occur within the scope of their official duties under this MOU and for which liability may be imposed under the law.
8. No Third-Party Beneficiary. The parties to this MOU do not intend for any third party to obtain a right by virtue of this MOU.
9. Termination of Agreement. Either party may terminate this Agreement by giving the other party thirty (30) days advance written notice.
10. Attorney’s Fees; Venue; Governing Law. If either party commences any legal action against the other party arising out of this MOU or the performance thereof, the prevailing party in such action shall be entitled to recover its reasonable litigation expenses, including but not limited to, court costs, expert witness fees, discovery expenses, and attorney’s fees. Any action arising out of this MOU shall be brought in Placer County, California, regardless of where else venue may lie. This MOU shall be governed by and construed in accordance with the laws of the State of California.
11. Modification. This MOU and each provision contained herein may be waived, amended, supplemented or eliminated only by mutual written agreement of the parties.
12. Severability. If any of the provisions contained in this MOU are for any reason held invalid or unenforceable, such holding shall not affect the remaining provisions or the validity and enforceability of the MOU as a whole.
6 APPROVED AS TO FORM:
BY: __________________________
MICHELLE SHEIDENBERGER
City Attorney
APPROVED AS TO SUBSTANCE:
BY: __________________________
JASON SHYKOWSKI
Public Works Director
for