2022/11/08 City Council Agenda Packet
"We Care for Our Residents by Working Together to
Build a Better Community for Today and Tomorrow."
ROHNERT PARK CITY COUNCIL, ROHNERT PARK FINANCING AUTHORITY (RPFA),
SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION
JOINT REGULAR MEETING
Tuesday, November 8, 2022
Open Session: 5:00 PM
MEETING LOCATION: CITY HALL - COUNCIL CHAMBER
130 Avram Avenue, Rohnert Park, California
PUBLIC PARTICIPATION: The Rohnert Park City Council welcomes your attendance, interest and
participation at its regular meetings scheduled on the second and fourth Tuesdays of each month at 5:00
p.m. in the Council Chambers. The use of a mask or facial covering when attending the council
meeting is strongly recommended, regardless of vaccination status.
Members of the public are encouraged to observe the meeting on Cable Channel 26, by visiting meeting
central on our website https://www.rpcity.org/city_hall/city_council/meeting_central, or at our
YouTube channel at https://www.youtube.com/CityofRohnertPark.
PUBLIC COMMENTS: Provides an opportunity for public comment on items not listed on the agenda,
or on agenda items if unable to comment at the scheduled time (limited to three minutes per appearance
with a maximum allowance of 30 minutes allotted per comment period, with time limits subject to
modification by the City Council in accordance with the adopted City Council Protocols). Please fill out
a speaker card prior to speaking.
Members of the public may also provide advanced comments by email at publiccomment@rpcity.org
Comments are requested by 3:00 p.m. on the day of the meeting, but can be emailed until the close of
the Agenda Item for which the comment is submitted. Email comments must identify the Agenda Item
Number in the subject line of the email. The emails will not be read for the record but will be
provided to Council. Please note that all e-mails sent to the City Council are considered to be public
records and subject to disclosure under the California Public Records Act.
City Council/RPFA agendas and minutes may be viewed at the City's website: www.rpcity.org.
PUBLIC HEARINGS: Council/RPFA may discuss and/or take action on any or all of the items listed on
this agenda. If you challenge decisions of the City Council or the Rohnert Park Financing Authority of
the City of Rohnert Park in court, you may be limited to raising only those issues you or someone else
raised at public hearing(s) described in this agenda, or in written correspondence delivered to the City
of Rohnert Park at, or prior to the public hearing(s).
RIGHT TO APPEAL: Judicial review of any city administrative decision pursuant to Code of Civil
Procedure Section 1094.5 may be had only if a petition is filed with the court no later than the deadlines
specified in Section 1094.6 of the California Code of Civil Procedure, which generally limits the time
1.CITY COUNCIL/RPFA/SUCCESSOR AGENCY JOINT REGULAR MEETING - CALL
TO ORDER/ROLL CALL
(Giudice_____Hollingsworth-Adams_____Stafford_____Rodriguez_____Elward_____)
2.PLEDGE OF ALLEGIANCE
3.PRESENTATIONS
3.A Mayor's Recognition: Honoring Swinerton Builders for their Hard Work and Dedication
to Constructing the Rohnert Park Homekey Project
Item 3.A.
3.B Program of All-Inclusive Care for the Elderly (PACE) Center in Rohnert Park
Presentation by Naomi Fuchs, Special Projects Consultant, Santa Rosa Community Health
4.DEPARTMENT HEAD BRIEFINGS
4.A Halloween Carnival with Dia de los Muertos Celebration and The Haunt Update by
Director of Community Services Bagley
5.PUBLIC COMMENTS
Persons wishing to address the Council on any Consent Calendar item or on City business not
listed on the Agenda may do so at this time. Each speaker will be allotted three minutes. Those
wishing to address the Council should refer to Page 1 for information on how to submit public
comments.
6.CONSENT CALENDAR
All items on the Consent Calendar will be considered together by one or more action(s) of the City
Council and/or the Rohnert Park Financing Authority and Successor Agency to the Community
Development Commission, whichever is applicable, unless any Council Member or anyone else
interested in a consent calendar item has a question about the item.
Council Motion/Vote:
within which the decision may be challenged to the 90th day following the date that the decision
becomes final.
SIMULTANEOUS MEETING COMPENSATION DISCLOSURE (Government Code Section
54952.3): Members of the City Council receive no additional compensation as a result of convening this
joint meeting of the City Council and the Rohnert Park Financing Authority.
CITY COUNCIL STRATEGIC PRIORITIES: The Rohnert Park City Council adopted ten strategic
priorities for 2022 (listed below in no particular order):
a.Navigating through COVID-19 f.General Plan update
b.Climate change g.Infrastructure, maintenance and beautification
c.Police/community relations and accountability h.Make progress on the downtown
d.Services for unhoused people i.Attract housing at all levels
e.Financial health j.Memorable community experiences for all
(Giudice_____Hollingsworth-Adams_____Stafford_____Rodriguez_____Elward_____)
6.A Acceptance of Reports from Finance Department:
City Bills/Demands for Payment dated October 18 through October 31, 2022
Item 6.A.
6.B Approval of Minutes for:
City Council/RPFA/Successor Agency Joint Regular Meeting/Foundation Special
Meeting, October 25, 2022
Item 6.B.
6.C Adopt Resolution 2022-108 Delegating the Risk Manager the Authority to Allow,
Compromise, or Settle Claims Under the California Government Claims Act, Pursuant to
Government Code Section 935.4
Item 6.C.
6.D Approve a Contract Agreement for Public Communications Services with Tripepi, Smith
& Associates Inc., in an Amount Not to Exceed $208,265.40, and Authorize the City
Manager and Assistant City Manager to Enter the Contract Agreement and Execute
Contract Amendments to Modify the Scope of Services without Exceeding the Total
Contract Amount
Item 6.D.
6.E Authorize the City Manager to Execute a Three-Year Microsoft Enterprise Agreement
with SoftwareONE for a Not to Exceed Amount of $215,000
Item 6.E.
7.REGULAR ITEMS
7.A PUBLIC HEARING: Hold a Public Hearing to Consider Introducing by Title Only and
Waiving First Reading of Ordinance No. 971 Repealing and Replacing Chapters 15.04
through 15.28 of Title 15 “Buildings and Construction” of the Rohnert Park Municipal
Code to Adopt by Reference the 2022 California Building Standards Code with Local
Amendments as Set Forth in Chapters 15.04 (General Provisions), 15.08 (Building Code),
15.12 (Residential Code), 15.16 (Electrical Code), 15.18 (Mechanical Code), 15.20
(Plumbing Code), 15.22 (Energy Code), 15.24 (Existing Building Code), 15.26 (Green
Building Standards Code) and 15.28 (Fire Code) to Title 15 “Building and Construction”
and Finding this Action Exempt from the California Environmental Quality Act (CEQA)
Under Section 15061(b)(3)
A. Staff Report
B. Public Hearing
C. Ordinance for Introduction: Ordinance No. 971, an Ordinance of the City Council of the
City of Rohnert Park, Repealing and Replacing Chapters 15.04 Through 15.28 of Title 15
“Buildings And Construction” of the Rohnert Park Municipal Code to Adopt by Reference
the 2022 California Building Standards Code with Local Amendments as Set Forth in
Chapters 15.04 (General Provisions), 15.08 (Building Code), 15.12 (Residential Code),
15.16 (Electrical Code), 15.18 (Mechanical Code), 15.20 (Plumbing Code), 15.22 (Energy
Code), 15.24 (Existing Building Code), 15.26 (Green Building Standards Code), And
15.28 (Fire Code) to Title 15 “Building And Construction”
D. Council Motion/Roll Call Vote
(Giudice_____Hollingsworth-Adams_____Stafford_____Rodriguez_____Elward_____)
Item 7.A.
7.B Discussion and Direction Regarding Use of Global Positioning Systems (GPS) on
Department of Public Safety Vehicles
A. Staff Report
B. Public Comments
C. Council Discussion/Direction
Item 7.B.
7.C Discussion and Direction Regarding the Sister Cities Relations Committee Student
Exchange Program Budget
A. Staff Report
B. Public Comments
C. Council Discussion/Direction
Item 7.C.
8.COMMITTEE / LIAISON / OTHER REPORTS
This time is set aside to allow Council members serving on Council committees or on regional
boards, commissions or committees to present a verbal report on the activities of the respective
boards, commissions or committees on which they serve. No action may be taken.
8.A Standing Committee Reports:
8.B Liaison Reports:
8.C Outside Agency Appointment Reports:
1. Sonoma Clean Power (11/3) (Elward/Hollingsworth-Adams)
2. Water Advisory Committee (WAC) to Sonoma Water (11/7) (Rodriguez/Stafford)
8.D Other Reports:
1. Association of Bay Area Government (ABAG) Executive Board (10/28
(Hollingsworth-Adams)
2. Golden Gate Bridge, Highway & Transportation District Board of Directors (10/28)
(Giudice)
3. Sonoma County Local Agency Formation Commission (LAFCO) (11/2) (Stafford)
9.COMMUNICATIONS
Copies of communications have been provided to Council for review prior to this meeting. Council
Members desiring to read or discuss any communication may do so at this time. No action may be
taken except to place a particular item on a future agenda for Council consideration.
10.PUBLIC COMMENTS
Persons wishing to address the Council on any Consent Calendar item or on City business not
listed on the Agenda may do so at this time. Each speaker will be allotted three minutes. Those
wishing to address the Council should refer to Page 1 for information on how to submit public
comments.
11.ADJOURNMENT
NOTE: Time shown for any particular matter on the agenda is an estimate only. Matters may be
considered earlier or later than the time indicated depending on the pace at which the meeting proceeds.
If you wish to speak on an item under discussion by the Council which appears on this agenda, please
refer to page 1 for more details on submitting a public comment. Any item raised by a member of the
public which is not on the agenda and may require Council action shall be automatically referred to
staff for investigation and disposition which may include placing on a future agenda. If the item is
deemed to be an emergency or the need to take action arose after posting of the agenda within the
meaning of Government Code Section 54954.2(b), Council is entitled to discuss the matter to determine
if it is an emergency item under said Government Code and may take action thereon.
AGENDA REPORTS & DOCUMENTS: A paper copy of all staff reports and documents subject to
disclosure that relate to each item of business referred to on the agenda are available for publich
inspection at City Hall, 130 Avram Avenue, Rohnert Park, California 94928. Electronic copies of all
staff reports and documents subject to disclosure that relate to each item of business referred to on the
agenda are available for public inspection on
https://www.rpcity.org/city_hall/city_council/meeting_central. Any writings or documents subject to
disclosure that are provided to all, or a majority of all, of the members of the City Council regarding
any item on this agenda after the agenda has been distributed will be made available for inspection at
City Hall and on our website at the same time. Any writings or documents subject to disclosure that are
provided to the City Council during the meeting will be made available for public inspection during
meeting and on our website following the meeting.
AMERICAN DISABILITY ACT ACCOMMODATION: Any member of the public who needs
accommodations should email the ADA Coordinator at jcannon@rpcity.org or by calling 707-588-2221.
The ADA Coordinator will use their best efforts to provide reasonable accommodations to provide as
much accessibility as possible while also maintaining public safety in accordance with the City
procedure for resolving reasonable accommodation requests. Information about reasonable
accommodations is available on the City website at
https://www.rpcity.org/city_hall/departments/human_resources/a_d_a_and_accessibility_resources
CERTIFICATION OF POSTING OF AGENDA
I, _________________________, ____________________, for the City of Rohnert Park, declare that
the foregoing agenda was posted and available for review on ______________ ______, _________, at
Rohnert Park City Hall, 130 Avram Avenue, Rohnert Park, California 94928. The agenda is also
available on the City web site at www.rpcity.org. Executed this _____ day of ________________,
_________ at Rohnert Park, California. _____________________________ Office of the City Clerk
Honoring
SWINERTON BUILDERS
F or Their Hard Work in Constructing the Rohnert Park Homekey Project
As Mayor, and on behalf of the Rohnert Park City Council, I hereby recognize Swinerton Builders for their dedication
and hard work in completing construction of the first homeless housing project in Rohnert Park. Their tireless efforts
have greatly contributed to the safety and welfare of those experiencing homelessness and our community as a whole.
In July 2022, crews broke ground on a 60 unit interim housing project. Swinerton Builders and their subcontractors
worked round-the-clock to finish construction under a tight deadline. Thanks to the efforts of Swinerton’s team, the
project was ready for its first residents to move in on October 24, 2022.
Construction of this new project was under the oversight of DignityMoves, a local nonprofit that works to end
unsheltered street homelessness in our communities. The site was designed by Gensler and constructed by Swinerton
Builders to create a welcome and secure space for our most vulnerable residents. HomeFirst is operating the program.
We are honored to recognize Swinerton Builders for their strong commitment to delivering quality workmanship with
integrity and expertise in the completion of the Rohnert Park Homekey project, Labath Landing, in record time.
Signed this 8th day of November 2022
By: _________________________________________
Jackie Elward, Mayor
Item 3.A.
1
Program of All-
Inclusive Care
for the Elderly
A partnership of:
Vision
All older adults will have an
equal opportunity to age safely
and with dignity where they
choose, regardless of income,
ethnicity, race, or identity.
2
3
Why Start PACE?
NEED: Fast-growing low-income aging population in
Sonoma and Marin Counties.
EQUITY: Opportunity to ensure those historically
overlooked receive the highest quality care.
IMPACT: Leverage tried-and-true best practices to
make a significant, sustainable difference.
Meet
AgeWell
PACE
1st PACE in Sonoma and
Marin County
Partnership with Santa Rosa
Community Health &
LifeLong Medical Care
Proven expertise serving
local community and elders
History of collaboration and
fiscal responsibility
5
Allow medially complex seniors to age safely at home
for as long as desired.Age in Place
Respite and other support to promote health and
quality of life for family caregivers.
Caregiver
Support
Provide comprehensive services including medical,
mental health, ancillary services, case management.
Comprehensive
Care
The multidisciplinary PACE care team includes all
disciplines needed to provide holistic care. Team
What is PACE?
Low-income
Dual eligible: Medicare and Medi-Cal
Medically complex
Be 55 years of age or older
Be able to live safely in the community at the time of enrollment
Be certified by the state to need a nursing home level of care
Live in Sonoma County west of Sonoma or in Marin County
6
PACE Participants
7
PACE Services
PACE integrates
and coordinates
care for
participants across
ALL settings,
including drugs,
transportation, and
meals.
•25,000 square feet
•5789 State Farm
Drive, Rohnert Park
•Day center
•Clinic
•Nutrition
•Outdoor space
•Ample parking
•Easy access to
freeway and light
rail
Location
Questions?
Opportunities?
Suggestions?
Ballet Folklorico &
Aztek Dancers
CRPUSD
Carnival
Games
Safari Encounters
Unicyclist/
Juggler
Balloon TwisterFace Painter
Ofrendas/
Altars
Item 6.A.
MINUTES OF THE FOUNDATION BOARD SPECIAL MEETING AND
THE JOINT REGULAR MEETING
OF THE CITY OF ROHNERT PARK
City Council
Rohnert Park Financing Authority
Successor Agency to the Community Development Commission
Tuesday, October 25, 2022
1.CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT REGULAR
MEETING/FOUNDATION MEETING - CALL TO ORDER/ROLL CALL
Mayor Elward called the joint regular meeting to order at 5:03 p.m., the notice for which being
legally noticed on October 20, 2022.
Present: Jackie Elward, Mayor
Samantha Rodriguez, Vice Mayor
Gerard Giudice, Councilmember
Susan Hollingsworth-Adams, Councilmember
Pam Stafford, Councilmember
Absent: None.
Staff present: City Manager Jenkins, City Attorney Kenyon, Assistant City Manager Schwartz,
Public Safety Director Mattos, Finance Director L. Tacata, Director of Development Services
Pawson, Director of Community Services Bagley, Director of Public Works Garrett, Housing
Administrator Jenna Garcia, Community Development Technician Blanks, Senior Engineer
Brandt, Senior Analyst Torres, Information Technology Manager Rowley, and City Clerk Lopez
Cuevas.
2.PLEDGE OF ALLEGIANCE
Led by City Clerk Lopez Cuevas.
3.PRESENTATIONS
A.Mayor's Proclamation: Proclaiming October 2022 as Domestic Violence
Awareness Month. Mayor Elward read the proclamation and presented it to Madeline Keegan
O’Connell, Chief Executive Officer for YWCA Sonoma County.
B.California Voting Choice Act Updates and Election Deadlines Presentation by
Deva Marie Proto, County Clerk-Recorder-Assessor-Registrar of Voters of the County of
Sonoma. County Clerk Proto spoke about election system security, registration and voting
deadlines, provided information on locations to vote in person, and how to return ballots via
mail. She also reminded residents that all processing is open to the public.
Item 6.B.
City of Rohnert Park Foundation Board Special Meeting and Joint Regular October 25, 2022
Meeting Minutes for City Council RPFA/CDC Successor Agency Page 2 of 6
4. DEPARTMENT HEAD BRIEFING
A. Labath Landing Update by Housing Administrator Jenna Garcia.
Housing Administrator Garcia informed that Labath Landing’s sixty (60) rooms opened
yesterday and we have already reached capacity. Ms. Garcia outlined the aggressive timeline
the City had to complete the project – construction was completed in approximately 90 days.
Ms. Garcia thanked all those who helped bring this project to fruition and spoke about the
City’s efforts, and staff members, currently working to reorganize people that remained at the
Robert’s Lake encampment.
5. PUBLIC COMMENTS
Steve Keith spoke about Labath Landing and the City’s use of taxpayers’ funds.
Peter Alexander spoke about lawyers, politicians, law enforcement, unity, love and the U.S.
Constitution.
6. FOUNDATION BOARD AND CITY COUNCIL CONSENT CALENDAR
6.A Acceptance of Reports from Finance Department:
City Bills/Demands for Payment dated October 3 through October 17, 2022
6.B Approval of Minutes for:
6.B.1. City Council/RPFA/Successor Agency Joint Special Meeting October 7, 2022
6.B.2. City Council/RPFA/Successor Agency Joint Special Meeting October 8, 2022
6.B.3. City Council/RPFA/Successor Agency Joint Special Meeting October 9, 2022
6.B.4. City Council/RPFA/Successor Agency Joint Regular Meeting October 11, 2022
6.C Adopt Resolution 2022-105 Approving an Agreement for Election Services with the
County of Sonoma and Authorize the City Manager to Enter the Agreement
6.D Approve Amendment 2 to Task Order 2021-04 with Green Valley Consulting
Engineers for Additional Construction Management and Inspection Services for the
SOMO Planned Development Improvements in the Amount of $350,000 and Bringing
the Total Task Order Value to $549,310
6.E Authorize the City Manager to Sign an Agreement for Security Services at Roberts
Lake Park and Ride with D Block Security in an Amount Not to Exceed $496,878
PULLED BY COUNCILMEMBER HOLLINGSWORTH-ADAMS
6.F Receive the City of Rohnert Park Foundation’s Fiscal Year 2021-22 Annual Financial
Report
Disclosure of potential conflict of interest:
Councilmember Giudice stated that he leases premises in SOMO Village and therefore has a
potential financial conflict of interest on item 6.D.
Councilmember Hollingsworth-Adams stated that she owns a business across Roberts Lake
and therefore has a potential financial conflict of interest on item 6.E.
ACTION: Moved/seconded (Stafford/Rodriguez) to approve the consent calendar
with the exception of items 6.D. and 6.E.
City of Rohnert Park Foundation Board Special Meeting and Joint Regular October 25, 2022
Meeting Minutes for City Council RPFA/CDC Successor Agency Page 3 of 6
Motion carried by the following unanimous voice 5-0-0 vote: AYES:
Giudice, Hollingsworth-Adams, Rodriguez, Stafford and Elward NOES:
None, ABSENT: None, ABSTAINS: None.
ACTION: Moved/seconded (Stafford/Rodriguez) to approve Item 6.D.
Motion carried by the following voice 4-0-0-1 vote: AYES:
Hollingsworth-Adams, Rodriguez, Stafford and Elward NOES: None,
ABSENT: None, ABSTAINS: Giudice.
Councilmember Hollingsworth-Adams left the dais at 5:57 p.m.
6.E Authorize the City Manager to Sign an Agreement for Security Services at Roberts
Lake Park and Ride with D Block Security in an Amount Not to Exceed $496,878
ACTION: Moved/seconded (Stafford/Rodriguez) to approve Item 6.E.
Motion carried by the following voice 4-0-0-1 vote: AYES: Giudice,
Rodriguez, Stafford and Elward, NOES: None, ABSENT: None,
ABSTAINS: Hollingsworth-Adams.
Councilmember Hollingsworth-Adams returned to the dais at 6:01 p.m.
7. REGULAR ITEMS FOUNDATION BOARD AND CITY COUNCIL REGULAR
ITEMS
A. Consideration and Adoption of Resolution Authorizing and Approving City
Manager Employment Agreement between City of Rohnert Park and Marcela Piedra.
City Attorney Kenyon presented this item. Pursuant to the Government Code Section, City
Attorney Kenyon provided an oral summary of the employment agreement, including salary
and fringe benefits. Recommended Action(s): Adopt Resolution 2022-106 Authorizing and
Approving City Manager Employment Agreement between City of Rohnert Park and Marcela
Piedra.
Marcela Piedra was introduced to the Council and the Community. Ms. Piedra thanked the
Council, Staff and its residents.
PUBLIC COMMENTS: None.
ACTION: Moved/seconded (Stafford/Rodriguez) to adopt Resolution 2022-106.
Motion carried by the following unanimous voice 5-0-0 vote: AYES:
Giudice, Hollingsworth-Adams, Rodriguez, Stafford and Elward NOES:
None, ABSENT: None, ABSTAINS: None.
City of Rohnert Park Foundation Board Special Meeting and Joint Regular October 25, 2022
Meeting Minutes for City Council RPFA/CDC Successor Agency Page 4 of 6
B. Receive Informational Update on 2021 Small Grants Program.
Senior Analyst Torres presented this item. Recommended Action(s): Receive a report on the
2021 Small Grants Program.
Council received the update.
PUBLIC COMMENTS: None.
C. Accept SAFE Team (Specialized Assistance for Everyone) Update from Public Safety
Department and Adopt a Resolution Authorizing the City Manager to Enter into and
Execute a Memorandum of Understanding (MOU) with Petaluma People Services
Center, the City of Cotati, and Sonoma State University to Operate and Manage an
Alternative Crisis Response Program Known as the Rohnert Park/Cotati/Sonoma State
University Specialized Assistance for Everyone (SAFE) Team.
Director of Public Safety Mattos presented this item. Recommended Action(s): Adopt
Resolution 2022-107 Authorizing the City Manager to Enter into and Execute a Memorandum
of Understanding (MOU) with Petaluma People Services Center, the City of Cotati, and
Sonoma State University to Operate and Manage an Alternative Crisis Response Program
Known as the Rohnert Park/Cotati/Sonoma State University Specialized Assistance for
Everyone (SAFE) Team.
SAFE Crisis Worker Shannon and SAFE EMT Casey answered questions of the Council.
PUBLIC COMMENTS: None.
ACTION: Moved/seconded (Stafford/Rodriguez) to adopt Resolution 2022-107.
Motion carried by the following unanimous voice 5-0-0 vote: AYES:
Giudice, Hollingsworth-Adams, Rodriguez, Stafford and Elward NOES:
None, ABSENT: None, ABSTAINS: None.
Mayor Elward declared a recess at 7:03 p.m. and reconvened the meeting at 7:11 p.m.
D. Receive Information on the City of Rohnert Park Facility Condition Assessment
Findings. Director of Public Works Garrett presented this item. Recommended Action(s):
Receive the Facility Condition Assessment Report Findings. Staff will develop a capital
replacement program and funding proposal before returning to council for discussion and
direction.
PUBLIC COMMENTS: None.
Council received the report.
City of Rohnert Park Foundation Board Special Meeting and Joint Regular October 25, 2022
Meeting Minutes for City Council RPFA/CDC Successor Agency Page 5 of 6
E. Discussion and Direction on Additional Flag Pole Locations for Ceremonial Flags.
Director of Public Works Garrett presented this item. Recommended Action(s): Staff
recommends keeping the existing three locations that can accommodate two flags and not
move forward with the other locations due to other competing facility priorities.
PUBLIC COMMENTS: None.
ACTION: Moved/seconded (Hollingsworth-Adams/Stafford) to fly ceremonial
flags at the City Center Plaza/Library existing city flagpole.
Motion carried by the following unanimous voice 5-0-0 vote: AYES:
Giudice, Hollingsworth-Adams, Rodriguez, Stafford and Elward NOES:
None, ABSENT: None, ABSTAINS: None.
F. Discussion and Direction Regarding the Consideration of New Regulations to Address
Sideshow Events in Rohnert Park. Director of Public Safety Mattos presented this item.
Recommended Action(s): Receive this report and provide direction on drafting an ordinance
addressing sideshows that allows for citing or arresting participants, spectators and organizers
of sideshow events in Rohnert Park.
PUBLIC COMMENTS: None.
DIRECTION: By Consensus (none opposed), Staff should draft an ordinance
addressing sideshows that allow for citing or arresting participants,
spectators and organizers of sideshow events in Rohnert Park and
bring it back to Council for consideration.
8. COMMITTEE / LIAISON/ OTHER REPORTS
A. Standing Committees:
None.
B. Liaison Reports:
1. Chamber of Commerce Board of Directors (10/18) (Rodriguez/Stafford)
Vice Mayor Rodriguez reported she was unable to attend the meeting but shared
information about the holiday
2. Library Advisory Board (10/18) (Hollingsworth-Adams/Elward)
Councilmember Hollingsworth-Adams reported on this meeting.
Councilmember Stafford reported on the Senior Citizens Advisory Commission meeting
last week.
C. Outside Agency Appointments:
1. Santa Rosa Plain Groundwater Sustainability Agency (10/13) (Stafford/Elward)
Councilmember Stafford reported on this item.
City of Rohnert Park Foundation Board Special Meeting and Joint Regular October 25, 2022
Meeting Minutes for City Council RPFA/CDC Successor Agency Page 6 of 6
2. Mayors and Council Members' Association of Sonoma County Legislative Committee
(10/21) (Elward/Rodriguez)
Mayor Elward reported on this meeting.
D. Other Reports:
1. Association of Bay Area Government (ABAG) Executive Board (10/13)
(Hollingsworth-Adams)
Councilmember Hollingsworth-Adams reported on this meeting.
2. Mayors and Council Members' Association Board of Directors and General Assembly
(10/13) (Elward)
Mayor Elward reported on this meeting.
9. COMMUNICATIONS
Councilmember Hollingsworth-Adams informed Daniel Gifford passed away and shared that
the family is running a “wear your helmet” campaign.
Councilmember Giudice informed that Saul Padilla Gutierrez, Mayor of Zapotlan del Rey,
Jalisco, Mexico was present at a Rotary meeting. Councilmember Giudice, on behalf of Mayor
Padilla Gutierrez, presented certificates of appreciation to Chief Mattos and Mayor Elward for
the sixty-firefighter outfits the City of Rohnert Park Public Safety Department donated to the
City of Zapotlan del Rey.
Vice Mayor Rodriguez requested staff to add an item to a future agenda to discuss solar panels.
The request was supported by Councilmember Hollingsworth-Adams.
10. PUBLIC COMMENTS
None.
12. ADJOURNMENT
Mayor Elward adjourned the joint regular meeting at 8:09 p.m.
_____________________________________ __________________________________
Sylvia Lopez Cuevas, City Clerk Jackie Elward, Mayor
City of Rohnert Park City of Rohnert Park
ITEM NO. 6.C.
1
Meeting Date: November 8, 2022
Department: Administration
Submitted By: Darrin Jenkins, City Manager
Prepared By: Sylvia Lopez Cuevas, City Clerk
Agenda Title: Adopt a Resolution Delegating to the Risk Manager the Authority to Allow,
Compromise, or Settle Claims Under the California Government Claims
Act, Pursuant to Government Code Section 935. 4
RECOMMENDED ACTIONS:
Staff recommends Council adopt a resolution giving the City’s Risk Manager the authority to
allow, compromise, or settle claims filed against the City.
BACKGROUND:
The California Government Claims Act 1 requires most claims for money or damages against the
City and its officers and employees be filed with the City Clerk within a specified period of time
before a claimant is permitted to file a lawsuit against the City or its employees.
When a claim against the City is filed, the Claim is investigated by California Intergovernmental
Risk Authority (CIRA) and George Hills, CIRA’s Claims Adjuster. After review, they recommend
to the City to either settle or reject the claim.
ANALYSIS:
On August 11, 2015, Council adopted Resolution 2015-130 to delegate the authority to reject
claims to the City Manager. Staff believes this delegation should be assumed by City’s Risk
Manager. The City Manager can serve as the Risk Manager or designate another employee (e.g.
Human Resources Director) to serve as the Risk Manager.
The law permits the City Council to adopt a resolution authorizing a city employee (Risk Manager)
the authority to reject a claim, and to allow, compromise, or settle a claim against the City if the
amount to be paid pursuant to the allowance, compromise or settlement does not exceed fifty
thousand dollars ($50,000). Staff requests Council to adopt adoption of a Resolution to delegate
authority to the City’s Risk Manager to reject, allow, compromise or settle a claim filed with the
City Clerk under the Government Claims Act.
STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT:
Adopting this resolution aligns with the City’s Strategic Plan Goals C by ensuring the effective
delivery of public services.
1 Gov. Code Section 810 et seq.
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 6.C.
2
OPTIONS CONSIDERED:
1. Staff recommends Council approve this resolution authorizing the City’s Risk Manager to
reject, allow, compromise or settle a claim filed against the City.
2. Council could choose not to adopt the proposed resolution. This option is not
recommended because the proposed resolution provides flexibility for dealing with
claims.
FISCAL IMPACT/FUNDING SOURCE:
None.
Finance Approval Date: N/A
City Manager Approval Date: 11/1/2022
City Attorney Approval Date: 10/26/2022
Attachments:
1. Resolution
RESOLUTION NO. 2022-108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
DELEGATING RISK MANAGER THE AUTHORITY TO ALLOW, COMPROMISE,
OR SETTLE CLAIMS UNDER THE CALIFORNIA GOVERNMENT CLAIMS ACT,
PURSUANT TO GOVERNMENT CODE SECTION 935. 4
WHEREAS, The California Government Claims Act (Cal. Gov. Code §81 0 et sq.)
requires most claims for money or damages against the City of Rohnert Park and its officers
and employees to be presented to the City Council within a specified period of time before a
claimant is permitted to file a lawsuit against the City or its employees based on the claim (See
Gov. Code §905 et seq.); and
WHEREAS, It is the obligation of the City Council to act on the claim by allowing,
rejecting, compromising, or settling the claim within 45 days after the claim is presented; and
WHEREAS, Government Code section 935.4 authorizes the City Council to delegate to
a city employee the authority to perform these functions of the City Council under the
Government Claims Act, provided that the employee of a general law city cannot allow, settle,
or compromise a claim for more than $50,000; and
WHEREAS, The City Council finds that, subject to the limitations in Government Code
Section 935.4, claims can be more quickly and efficiently processed by delegating authority to
the Risk Manager to allow, reject, compromise, or settle claims in the manner permitted by
Government Code section 935.4 and that the City Council's time is better used, if these
functions of the City Council under the Government Claims Act are delegated to the Risk
Manager.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that the Risk Manager has the authority to reject, allow, compromise or settle a claim filed
with the City Clerk under the Government Claims Act;
BE IT FURTHER RESOLVED, the City Manager shall designate in writing an
employee to serve as Risk Manager for the purposes of claims management.
DULY AND REGULARLY ADOPTED this 8th day of November 2022.
CITY OF ROHNERT PARK
____________________________________
Jackie Elward, Mayor
ATTEST:
______________________________
Sylvia Lopez Cuevas, City Clerk
GIUDICE: _________ HOLLINGSWORTH-ADAMS: _________STAFFORD: _________ RODRIGUEZ: _________ ELWARD: _________
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
ITEM NO. 6.D.
1
Meeting Date: November 8, 2022
Department: Administration
Submitted By: Don Schwartz, Assistant City Manager
Prepared By: Don Schwartz, Assistant City Manager
Agenda Title: Approve a Contract Agreement for Public Communications Services with
Tripepi, Smith & Associates Inc., in an Amount Not to Exceed $208,265.40, and
Authorize the City Manager and Assistant City Manager to Enter the Contract
Agreement and Execute Contract Amendments to Modify the Scope of Services
without Exceeding the Total Contract Amount
RECOMMENDED ACTION:
By minute order, approve an agreement for public communications services with Tripepi Smith for a
total amount not to exceed $208,265.40, and authorize the City Manager and Assistant City Manager
to enter the contract and approve contract amendments to modify the scope of services, provided
amendments will not exceed the authorized contract amount.
BACKGROUND:
One of the City’s values is communication. In 2021 the Council approved expanding the City’s public
communications efforts, with a focus on informing the public about City affairs. To increase the
capacity for expanded communications, the Council approved $50,000 in this year’s budget to hire
contractors to increase our capacity for communications, and increase the hours for the
Communications Assistant from .75 to 1.0 full-time equivalent.
In March of this year we contracted with Singer Associates for public communications services. Singer
terminated the contract recently as they did not have the capacity to continue working with the City.
After completing a competitive process, staff recommends approving the attached contract with
Tripepi Smith. This firm is experienced in supporting local government’s communications, including
assistance last year with our redistricting efforts.
Services include drafting press releases, social media posts, and material for our website. They include
monitoring and reporting on social media usage to identify how well our social media channels are
working and how we can improve. Tripepi Smith would also monitor at least our largest social media
platforms regularly and provide a report on the topics of greatest public interest.
The contract is initially for a one-year term, with option for the City to renew for up to three additional
years subject to budget availability and approval by the City Manager or Assistant City Manager. The
contract provides for some services to be provided at a discount under a monthly retainer and some
services provided on an hourly basis. Staff are requesting the authority to execute contract amendments
to modify the scope of services to be provided under this contract without returning to the City
Council, as long as the overall contract amount remains the same.
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 6.D.
2
STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT:
The proposed action is consistent with the City’s value of communication.
OPTIONS CONSIDERED:
1. Recommended Option: Staff recommends approval of the contract with Tripepi Smith
because it will provide greater capacity to inform residents about City affairs.
2. Alternative: Staff also considered other contract terms and did not recommend that option
because the proposed contracts provides flexibility to adjust the scope and cost of the services
if needed.
FISCAL IMPACT/FUNDING SOURCE:
The first year of the contract is for $48,320.04, and the contract provides for a 5% increase annually if
renewed. Total costs over the four year possible term would not exceed $208,265.40, which is the
amount of the current contract with an annual 5% increase. Because we have other contracts for
communications services (for translation and for outreach to low-income residents) the amount spent
could exceed the $50,000 budgeted by the Council for communications contracts. However, the
Communications Assistant has not increased her hours to full time, saving $28,000 this fiscal year.
Thus, funding is available and if needed staff will make an administrative amendment to the budget. If
the Communications Assistant increases her hours in the future, staff will reduce the hours of service
and thus costs of the contract.
Finance Approval Date: October 20, 2022
City Attorney Approval Date: October 20, 2022
City Manager Approval Date: October 27, 2022
Attachments:
1. Agreement for Public Communications Services with Tripepi Smith
Attachment 1
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CONSULTANT SERVICES AGREEMENT
This AGREEMENT FOR CONSULTANT SERVICES (“Agreement”) is entered into as
of the 1st day of November, 2022, by and between the City of Rohnert Park ("City"), a
California municipal corporation, and Tripepi, Smith & Associates, Inc. ("Consultant"), a
California Corporation, with reference to the following facts, understandings and intentions.
Recitals
WHEREAS, City desires to obtain public communications services, and
WHEREAS, Consultant hereby warrants to City that Consultant is skilled and able to
provide such services described in Section 3 of this Agreement; and
WHEREAS, City desires to retain Consultant pursuant to this Agreement to provide the
services described in Section 3 of this Agreement, subject to the terms and conditions of this
Agreement.
Agreement
NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree
as follows:
1. Incorporation of Recitals. The recitals and all defined terms set forth above are
hereby incorporated into this Agreement as if set forth herein in full.
2. Project Coordination. Authorized representatives shall represent City and
Consultant in all matters pertaining to this Agreement.
A. City. The City Manager or his/her designee shall represent City
for all purposes under this Agreement, except where approval for the City is specifically required
by the City Council. The Assistant City Manager is hereby designated as the project manager
(“Project Manager”). The Project Manager shall supervise the progress and execution of this
Agreement.
B. Consultant. The Consultant shall assign Jennifer Nentwig to have
overall responsibility for the progress and execution of this Agreement for Consultant.
3. Scope and Performance of Services
A. Scope of Services. Subject to such policy direction and approvals as the
City through its staff may determine from time to time, Consultant shall perform the services set
out in the “Scope of Work” attached hereto as Exhibit A and incorporated herein by reference.
B. Time of Performance. The services of Consultant are to commence upon
receipt of a written notice to proceed from City, but in no event prior to receiving a fully
executed agreement from City and obtaining and delivering the required insurance coverage, and
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satisfactory evidence thereof, to City. The services of Consultant are to be completed not later
than October 31, 2023. Consultant shall perform its services in accordance with the schedule
attached hereto as Exhibit A, and incorporated herein by reference. Any changes to these dates
in either this Section 3 or Exhibit A must be approved in writing by the City.
C. Standard of Quality. City relies upon the professional ability of
Consultant as a material inducement to entering into this Agreement. All work performed by
Consultant under this Agreement shall be performed 1) with due diligence, using its best efforts
to perform and coordinate all activities in a timely manner; 2) in accordance with all applicable
legal requirements; and 3) with the standard of quality ordinarily to be expected of competent
professionals in Consultant's field of expertise. Consultant shall correct, at its own expense, all
errors made in the provision of services under this Agreement. In the event that Consultant fail
to make such correction in a timely manner, City may make the correction and charge the cost
thereof to Consultant.
4. Compensation and Method of Payment.
A. Compensation. The compensation to be paid to Consultant, including both
payment for professional services and reimbursable expenses, shall be at the rate and schedules
attached hereto as Exhibit A, and incorporated herein by reference. However, notwithstanding
the foregoing, Consultant shall be required to complete all work identified in the in Exhibit A in
an amount not to exceed the total cost identified in Exhibit A. In no event shall the total amount
the City pays Consultant during this Agreement, including all terms, exceed $208,265.40.
Payment by City under this Agreement shall not be deemed a waiver of unsatisfactory work,
even if such defects were known to the City at the time of payment.
B. Timing of Payment.
(1) Consultant shall submit itemized monthly statements for work performed.
All statements shall include adequate documentation demonstrating work
performed during the billing period and shall conform to Federal Funding
invoicing requirements, if applicable. Except as otherwise provided
herein, City shall make payment, in full, within thirty (30) days after
approval of the invoice by City.
Payments due and payable to Consultant for current services must be
within the current budget and within an available, unexhausted and
unencumbered appropriation of the City. In the event the City has not
appropriated sufficient funds for payment of Consultant services beyond
the current fiscal year, this Agreement shall cover only those costs
incurred up to the conclusion of the current fiscal year; payment for
additional work is conditional upon future City appropriation.
C. Changes in Compensation. Consultant will not undertake any work that
will incur costs in excess of the amount set forth in Section 4(A) of this Agreement without prior
written amendment to this Agreement. City shall have the right to amend the Scope of Work
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within the Agreement by written notification to the Consultant. In such event, the compensation
and time of performance shall be subject to renegotiation upon written demand of either party to
the Agreement. Consultant shall not commence any work exceeding the Scope of Work without
prior written authorization from the City. Failure of the Consultant to secure City's written
authorization for extra or changed work shall constitute a waiver of any and all right to
adjustment in the contract price or time due, whether by way of compensation, restitution,
quantum meruit, etc. for work done without the appropriate City authorization.
D. Taxes. Consultant shall pay all taxes, assessments and premiums under
the federal Social Security Act, any applicable unemployment insurance contributions, Workers
Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes
or assessments now or hereafter in effect and payable by reason of or in connection with the
services to be performed by Consultant.
E. No Overtime or Premium Pay. Consultant shall receive no premium or
enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours
per work week, or work performed during non-standard business hours, such as in the evenings
or on weekends. Consultant shall not receive a premium or enhanced pay for work performed on
a recognized holiday. Consultant shall not receive paid time off for days not worked, whether it
be in the form of sick leave, administrative leave, or for any other form of absence.
F. Litigation Support. Consultant agrees to testify at City's request if
litigation is brought against City in connection with Consultant's work product. Unless the
action is brought by Consultant or is based upon Consultant's negligence, City will compensate
Consultant for the preparation and the testimony at Consultant's standard hourly rates, if
requested by City and not part of the litigation brought by City against Consultant.
5. Term. This Agreement shall commence upon its execution by both parties and
shall continue in for one-year to be completed on October 31, 2023, unless otherwise amended
pursuant to Section 19, or otherwise terminated as provided herein. At the City’s sole option, the
term of this Agreement may be extended by successive one-year terms, up to three additional
years, subject to budgetary authorization by the City Council, and the approval of the City
Manager or Project Manager.
6. Inspection. Consultant shall furnish City with every reasonable opportunity for
City to ascertain that the services of Consultant are being performed in accordance with the
requirements and intentions of this Agreement. All work done and all materials furnished, if
any, shall be subject to the Project Manager's inspection and approval. The inspection of such
work shall not relieve Consultant of any of its obligations to fulfill the Agreement as prescribed.
7. Ownership of Documents. Title, including the copyright and all intellectual
property rights, to all plans, specifications, maps, estimates, reports, manuscripts, drawings,
descriptions, designs, data, photographs, reports and any other final work products compiled,
prepared or obtained by the Consultant under the Agreement shall be vested in City, none of
which shall be used in any manner whatsoever, by any person, firm, corporation, or agency
without the expressed written consent of the City. Consultant shall assume no responsibility for
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the unintended use by others of such final work products which are not related to the scope of the
services described under this Agreement. Basic survey notes and sketches, charts, computations,
and other data prepared or obtained under the Agreement shall be made available, upon request,
to City without restriction or limitations on their use. Consultant may retain copies of the above-
described information but agrees not to disclose or discuss any information gathered, discussed
or generated in any way through this Agreement without the written permission of City during
the term of this Agreement, unless required by law.
8. Employment of Other Consultants, Specialists or Experts. Consultant will not
employ or otherwise incur an obligation to pay other consultants, specialists or experts for
services in connection with this Agreement without the prior written approval of the City.
9. Conflict of Interest Requirements.
A. Consultant covenants and represents that neither it, nor any officer or
principal of its firm, has, or shall acquire any investment, income, business entity, interest in real
property, or other interest, directly or indirectly, which would conflict in any manner with the
interests of City, hinder Consultant's performance of services under this Agreement, or be
affected in any manner or degree by performance of Consultant's services hereunder. Consultant
further covenants that in the performance of the Agreement, no person having any such interest
shall be employed by it as an officer, employee, agent, or subcontractor without the express
written consent of the City. Consultant agrees at all times to avoid conflicts of interest, or the
appearance of any conflicts of interest, with the interests of the City in the performance of the
Agreement.
B. Consultant is not a designated employee within the meaning of the
Political Reform Act because Consultant:
(1) will not have the power to make any governmental decision, including
whether to: approve any rates, rules, regulations, policies, standards, or
guidelines of the City or any of its subdivisions; adopt or enforce any
laws; issue, deny, suspend, or revoke any permit, license, application,
certificate, order, or any similar authorization or entitlement; authorize,
modify, or renew any form of City contract; grant approval to any City
contract specifications on behalf of the City; or grant City approval for
any plans, designs, reports, or similar; and
(2) will not participate in the making of any governmental decision in the
equivalent of a staff capacity — for the purposes of this provision,
“participating in a governmental decision” including providing
information, an opinion, or a recommendation directly to any person at
the City empowered to make a decision on behalf of the City without
significant intervening substantive review; and
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(3) will not perform the same duties for the City that would otherwise be
performed by a staff member required to report under the City’s conflict
of interest code. (2 Cal. Code Regs. § 18700.3.)
10. Liability of Members and Employees of City. No member of the City and no
other officer, elected official, employee or agent of the City shall be personally liable to
Consultant or otherwise in the event of any default or breach of the City, or for any amount
which may become due to Consultant or any successor in interest, or for any obligations directly
or indirectly incurred under the terms of this Agreement. To the maximum extent permitted by
law, the City shall have no liability or responsibility for any accident, loss, or damage to any
work performed under this Agreement whether prior to its completion or acceptance or
otherwise.
11. Indemnity.
A. Indemnification. To the fullest extent permitted by law, Consultant shall,
at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the City)
and hold harmless City and any and all of its officers, officials, employees, agents and volunteers
(“Indemnified Parties”) from and against any and all liability (including liability for claims,
demands, damages, obligations, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual,
alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs and
expert witness fees) of any nature (“Liability”), whether actual, alleged or threatened, which
arise out of, pertain to, or relate to the performance or failure to comply with this Agreement,
regardless of any fault or alleged fault of the Indemnified Parties.
For design professionals (as that term is defined by statute) acting within the scope of their
professional capacity, to the fullest extent permitted by law, Consultant shall, at its own expense,
indemnify, protect, defend (by counsel reasonably satisfactory to the City) and hold harmless any
Indemnified Parties from and against any and all Liability, whether actual, alleged or threatened,
which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of
the Consultant, or as may be provided by statute in Civil Code § 2782.8, as may be amended
from time to time.
The only exception to Consultant’s responsibility to indemnify, protect, defend, and hold
harmless the Indemnified Parties from Liability is due to the active negligence or willful
misconduct of City or its elective or appointive boards, officers, agents and employees.
B. Scope of Obligation. Consultant’s duty to indemnify, protect, defend and
hold harmless as set forth in this Section 11 shall include the duty to defend (by counsel
reasonably satisfactory to the City) as set forth in California Civil Code § 2778. This
indemnification obligation is not limited in any way by any limitation on the amount or type of
damages or compensation payable by or for Consultant under worker’s compensation, disability
or other employee benefit acts or the terms, applicability or limitations of any insurance held or
provided by Consultant and shall continue to bind the parties after termination/completion of this
agreement. This indemnification shall be regardless of and not in any way limited by the
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insurance requirements of this contract. This indemnification is for the full period of time
allowed by law and shall survive the termination of this agreement. Consultant waives any and
all rights to express or implied indemnity against the Indemnified Parties concerning any
Liability of the Consultant arising out of or in connection with the Agreement or Consultant’s
failure to comply with any of the terms of this Agreement.
Consultant’s duty to indemnify, protect, defend and hold harmless as set forth in this Section 11
shall not be excused because of the Consultant’s inability to evaluate Liability, or because the
Consultant evaluates Liability and determines that the Consultant is not or may not be liable.
The Consultant must respond within thirty (30) calendar days to any tender by the City, unless
the time for responding has been extended by an authorized representative of the City in writing.
If the Consultant fails to timely accept such tender, in addition to any other remedies authorized
by law, as much of the money due or that may become due to the Consultant under this
Agreement as shall reasonably be considered necessary by the City may be retained by the City
until disposition has been made of the matter subject to tender, or until the Consultant accepts the
tender, whichever occurs first. Consultant agrees to fully reimburse all costs, including but not
limited to attorney’s fees and costs and fees of litigation incurred by the City in responding to
matters prior to Consultant’s acceptance of the tender.
12. Independent Contractor. It is expressly agreed that Consultant, in the
performance of the work and services agreed to be performed by Consultant, shall act as and be
an independent contractor and not an agent or employee of City and shall have responsibility for
and control over the details and means of providing its services under this Agreement.
Consultant shall furnish, at its own expense, all labor, materials, equipment, tools, transportation
and services necessary for the successful completion of the services under this Agreement. As
an independent contractor, Consultant shall obtain no rights to retirement benefits or other
benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it
may have to any such rights. Consultant, its officers, employees and agents shall not have any
power to bind or commit the City to any decision.
13. Compliance with Laws.
A. General. Consultant shall use the standard of care in its profession to
comply with all applicable federal, state, and local laws, codes, ordinances, and regulations.
Consultant represents and warrants to City that it has and shall, at its sole cost and expense, keep
in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance
and approvals which are legally required for Consultant to practice its profession. City is not
responsible or liable for Consultant's failure to comply with any or all of the requirements
contained in this paragraph or in this Agreement.
B. Workers' Compensation. Consultant certifies that it is aware of the
provisions of the California Labor Code which require every employee to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that Code, and Consultant certifies that it will comply with such provisions before
commencing performance of the Agreement and at all times in the performance of the
Agreement.
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C. Prevailing Wage. Consultant and Consultant's subconsultants (if any)
shall, to the extent required by the California Labor Code, pay not less than the latest prevailing
wage rates to workers and professionals as determined by the Director of Industrial Relations of
the State of California pursuant to California Labor Code, Part 7, Chapter 1, Article 2. Copies of
the applicable wage determination are on file at the City's office of the City Clerk.
D. Injury and Illness Prevention Program. Consultant certifies that it is aware
of and has complied with the provisions of California Labor Code § 6401.7, which requires
every employer to adopt a written injury and illness prevention program.
E. Business Licenses. Unless exempt by law, Consultant and all
subconsultants shall have acquired, at Consultant’s expense, a business license from the City in
accordance with Chapter 5.04 of the Rohnert Park Municipal Code, prior to City's issuance of an
authorization to proceed with the Services. Such license(s) shall be kept valid throughout the
term of this Agreement. City may withhold compensation from Consultant until such time as
Consultant complies with this section.
14. Confidential Information. All data, documents, discussions or other information
developed or received by or for Consultant in performance of this Agreement are confidential
and not to be disclosed to any person except as authorized by City, or as required by law.
15. Assignment; Subcontractors; Employees
A. Assignment. Consultant shall not assign, delegate, transfer, or convey its
duties, responsibilities, or interests in this Agreement or any right, title, obligation, or interest in
or to the same or any part thereof without the City's prior written consent, which shall be in the
City’s sole discretion. Any assignment without such approval shall be void and, at the City's
option, shall immediately cause this Agreement to terminate.
B. Subcontractors; Employees. Consultant shall be responsible for
employing or engaging all persons necessary to perform the services of Consultant hereunder.
No subcontractor of Consultant shall be recognized by the City as such; rather, all subcontractors
are deemed to be employees of the Consultant, and Consultant agrees to be responsible for their
performance. Consultant shall give its personal attention to the fulfillment of the provisions of
this Agreement by all of its employees and subcontractors, if any, and shall keep the work under
its control. If any employee or subcontractor of Consultant fails or refuses to carry out the
provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper
manner, it shall be discharged immediately from the work under this Agreement on demand of
the Project Manager.
16. Insurance. Without limiting Consultant’s indemnification provided herein,
Consultant shall, at its own expense, procure and maintain insurance that complies with the
requirements set forth in Exhibit C to this Agreement, which is attached hereto and incorporated
by reference. Consultant shall upon thirty (30) days’ notice comply with any changes in the
amounts and terms of insurance as may be required from time-to-time by City’s risk manager.
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17. Termination of Agreement; Default.
A. This Agreement and all obligations hereunder may be terminated at any
time, with or without cause, by the City upon five (5) days' written notice to Consultant.
B. If Consultant fails to perform any of its obligations under this Agreement
within the time and in the manner herein provided or otherwise violates any of the terms of this
Agreement, in addition to all other remedies provided by law, City may terminate this
Agreement immediately upon written notice. In such event, Consultant shall be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred hereunder,
an amount which bears the same ratio to the total fees specified in the Agreement as the services
satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be
performed for such total fee; provided, however, that the City shall deduct from such amount the
amount of damages, if any, sustained by City by virtue of the breach of the Agreement by
consultant.
C. In the event this Agreement is terminated by City without cause,
Consultant shall be entitled to any compensation owing to it hereunder up to the time of such
termination, it being understood that any payments are full compensation for services rendered
prior to the time of payment.
D. Upon termination of this Agreement with or without cause, Consultant
shall turn over to the City Manager immediately any and all copies of studies, sketches,
drawings, computations, and other data, whether or not completed, prepared by Consultant or its
subcontractors, if any, or given to Consultant or its subcontractors, if any, in connection with this
Agreement. Such materials shall become the permanent property of the City. Consultant,
however, shall not be liable for the City's use of incomplete materials nor for the City's use of
complete documents if used for other than the project contemplated by this Agreement.
18. Suspension. The City shall have the authority to suspend this Agreement and the
services contemplated herein, wholly or in part, for such period as it deems necessary due to
unfavorable conditions or to the failure on the part of the Consultant to perform any provision of
this Agreement. Consultant will be paid for satisfactory services performed prior to the date of
suspension. During the period of suspension, Consultant shall not receive any payment for
services or expenses incurred by Consultant by reason of such suspension.
19. Merger; Amendment. This Agreement constitutes the complete and exclusive
statement of the agreement between City and Consultant and shall supersede all prior
negotiations, representations, or agreements, either written or oral. This document may be
amended only by written instrument, signed by both the City and Consultant. All provisions of
this Agreement are expressly made conditions.
20. Interpretation. This Agreement shall be interpreted as though it was a product of
a joint drafting effort and no provisions shall be interpreted against a party on the ground that
said party was solely or primarily responsible for drafting the language to be interpreted.
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21. Litigation Costs. If either party becomes involved in litigation arising out of this
Agreement or the performance thereof, the court in such litigation shall award reasonable costs
and expenses, including attorneys' fees, to the prevailing party. In awarding attorneys' fees, the
court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do
so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in good faith.
22. Time of the Essence. Time is of the essence of this Agreement. Upon receipt of a
written notice from City to proceed with work required by this Agreement, Consultant shall
immediately commence work to perform the services required in accordance with the schedule
of work. In the event that the Agreement does not include a fixed schedule for completion of
work, Consultant shall diligently prosecute all work until completion.
23. Written Notification. Any notice, demand, request, consent, approval or
communication that either party desires or is required to give to the other party shall be in
writing and either served personally or sent by prepaid, first class mail or e-mail. Any such
notice, demand, etc. shall be addressed to the other party at the address set forth below or e-mail.
Either party may change its address by notifying the other party of the change of address. Notice
shall be deemed communicated within 72 hours from the time of mailing if mailed as provided in
this section.
If to City: Assistant City Manager
City of Rohnert Park - City Hall
130 Avram Avenue
Rohnert Park, CA 94928
If to Consultant: Ryder Todd Smith
Tripepi Smith
PO Box 52152
Irvine, CA 92619
24. Consultant's Books and Records.
A. Consultant shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges for
services, or expenditures and disbursements charged to City and all documents and records
which demonstrate performance under this Agreement for a minimum period of three (3) years,
or for any longer period required by law, from the date of termination or completion of this
Agreement.
B. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated
representative of any of these officers. Copies of such documents shall be provided to City for
inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed
upon, the records shall be available at Consultant's address indicated for receipt of notices in this
Agreement.
Page 10 of 20
OAK #4865-3969-5162 v2
C. The City may, by written request by any of the above-named officers,
require that custody of the records be given to the City and that the records and documents be
maintained in the City Manager's office.
25. Agreement Binding. The terms, covenants, and conditions of this Agreement
shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and
subcontractors of both parties.
26. Equal Employment Opportunity. Consultant is an equal opportunity employer
and agrees to comply with all applicable state and federal regulations governing equal
employment opportunity. Consultant will not discriminate against any employee or applicant for
employment because of race, religion, age, sex, creed, color, sexual orientation, marital status or
national origin. Consultant will take affirmative action to ensure that applicants are treated
during such employment without regard to race, religion, age, sex, creed, color, sexual
orientation, marital status, or national origin. Such action shall include, but shall not be limited
to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; lay-offs or termination; rates of pay or other forms of compensation; and selection
for training, including apprenticeship. Consultant further agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
27. Non-Exclusive Agreement. This is a non-exclusive agreement. City reserves the
right to provide, and to retain other consultants to provide, services that are the same or similar to
the services described in this Agreement.
28. City Not Obligated to Third Parties. The City shall not be obligated or liable for
payment hereunder to any party other than Consultant.
29. Remedies/Waiver. No failure on the part of either party to exercise any term,
covenant, condition, right or remedy hereunder shall operate as a waiver of any other term,
covenant, condition, right or remedy that such party may have hereunder. All remedies
permitted or available under this Agreement, or at law or in equity, are cumulative and
alternative. As a condition precedent to commencing legal action involving a claim or dispute
against the City arising from this Agreement, the Consultant shall comply with claims
presentation requirements under the Government Tort Claims Act, California Government Code
Sections 900 et seq. and the Rohnert Park Municipal Code.
30. Severability. If any one or more of the provisions contained herein shall for any
reason be held to be invalid, illegal or unenforceable in any respect, then such provision or
provisions shall be deemed severable from the remaining provisions hereof, and such invalidity,
illegality, or unenforceability shall not affect any other provision hereof, and this Agreement
shall be construed as if such invalid, illegal, or unenforceable provision had not been contained
herein.
31. Exhibits. The following exhibits are attached to this Agreement and incorporated
herein by this reference:
Page 11 of 20
OAK #4865-3969-5162 v2
A. Exhibit A: Scope of Work, Schedule of Performance, and
Compensation
B. Exhibit B Omitted.
C. Exhibit C: Insurance Requirements
32. Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
33. News Releases/Interviews. All Consultant and subconsultant news releases,
media interviews, testimony at hearings and public comment shall be prohibited unless expressly
authorized by City.
34. Applicable Law; Venue. This Agreement shall be construed and interpreted
according to California law. In the event that suit shall be brought by either party hereunder, the
parties agree that a trial of such action shall be held exclusively in a state court in the County of
Sonoma, California.
35. Authority. Each individual executing this Agreement on behalf of one of the
parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of
such party and that this Agreement is binding on such party in accordance with its terms.
IN WITNESS WHEREOF, City and Consultant have executed this Agreement as of the date first
above written.
CITY OF ROHNERT PARK Tripepi Smith
By: __________________________________
Name,Title
By:
Title:
Date: Date:
Per Minute Order adopted by the Rohnert Park City
Council at its meeting of October 25, 2022.
By:
Title:
Date:
ATTEST:
By: __________________________________
City Clerk
APPROVED AS TO FORM:
By: __________________________________
City Attorney
Attachment 1
Exhibit A
OAK #4865-3969-5162 v2
EXHIBIT A
Scope of Work, Schedule of Performance, and Compensation
Scope of Work: Consultant shall provide communications services as further detailed in their
proposal for Expanded Public Communications (“Proposal”).
Initial Term Compensation:
Compensation shall be at the below schedules and will not exceed a total of $48,320.04
duringthe initial term (the “Term Amount”).
City shall pay $2,826.67/month (not to exceed $33,920.04 for 12 months) as a retainer for the
following services:
Exhibit A
OAK #4865-3969-5162 v2
City shall pay no more than $14,400 for services as-requested during the initial contract term,
based on the following rates:
Exhibit A
OAK #4865-3969-5162 v2
Exhibit A
OAK #4865-3969-5162 v2
Subsequent Term Compensation:
During each subsequent term, the Term Amount shall be increased by five percent, which shall
serve as the not-to-exceed amount for that term.
During each subsequent term, rates and fees, as well as the monthly retainer set forth in this
Exhibit shall be subject to an increase of 5% for each successive term. During any subsequent
term, City may elect to terminate the monthly retainer and use Consultant’s services on an as-
needed basis for the entire then-applicable Term Amount. Consultant agrees to negotiate in good
faith over any City request to modify the monthly retainer, and such retainer may be changed
upon execution of a contract amendment.
Attachment 1
Exhibit B
OAK #4865-3969-5162 v2
Attachment 1
Exhibit C
OAK #4865-3969-5162 v2
EXHIBIT C
INSURANCE REQUIREMENTS for Consultant Services Agreement
Consultant shall procure and maintain for the duration of the contract insurance against claims
for injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by the Consultant, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering
CGL on an “occurrence” basis, including products and completed operations, property damage,
bodily injury and personal & advertising injury with limits no less than $1,000,000 per
occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1
(any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no
less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory
Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for
bodily injury or disease. (Not required if consultant provides written verification it has no
employees)
4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s
profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown
above, the City requires and shall be entitled to the broader coverage and/or the higher limits
maintained by the Consultant. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional
insureds on the CGL policy with respect to liability arising out of work or operations performed
by or on behalf of the Consultant including materials, parts, or equipment furnished in
connection with such work or operations. General liability coverage can be provided in the form
of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85,
Exhibit C
OAK #4865-3969-5162 v2
or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms, if later revisions
used).
Primary Coverage
For any claims related to this contract, the Consultant’s insurance coverage shall be primary
insurance primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its
officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the
City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance
and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with
notice to the City.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said
Consultant may acquire against the City by virtue of the payment of any loss under such
insurance. Consultant agrees to obtain any endorsement that may be necessary to effect this
waiver of subrogation, but this provision applies regardless of whether or not the City has
received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the
Consultant to provide proof of ability to pay losses and related investigations, claim
administration, and defense expenses within the retention. The policy language shall provide, or
be endorsed to provide, that the self-insured retention may be satisfied by either the named
insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current
A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the
beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5)
years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy
form with a Retroactive Date prior to the contract effective date, the Consultant must purchase
“extended reporting” coverage for a minimum of five (5) years after completion of contract
work.
Verification of Coverage
Exhibit C
OAK #4865-3969-5162 v2
Consultant shall furnish the City with original Certificates of Insurance including all required
amendatory endorsements (or copies of the applicable policy language effecting coverage
required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing all policy endorsements to City before work begins. However, failure to obtain the
required documents prior to the work beginning shall not waive the Consultant’s obligation to
provide them. The City reserves the right to require complete, certified copies of all required
insurance policies, including endorsements required by these specifications, at any time.
Attachment 1
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OAK #4865-3969-5162 v2
CERTIFICATE OF CONSULTANT {NOTE: Consultant must fill this out and sign.}
I HEREBY CERTIFY that I am the Co-Founder and President, and a duly authorized
representative of the firm of Tripepi Smith, whose address is PO Box 52152, Irvine, CA 92619,
and that neither I nor the above firm I here represent has:
a) Employed or retained for a commission, percentage, brokerage, contingent
fee, or other consideration, any firm or person (other than a bona fide
employee working solely for me or the above consultant) to solicit to
secure this Agreement.
b) Agreed, as an express or implied condition for obtaining this contract, to
employ or retain the services of any firm or person in connection with
carrying out the Agreement; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a
bona fide employee working solely for me or the above consultant) any
fee, contribution, donation, or consideration of any kind for, or in
connection with, procuring or carrying out the Agreement;
Except as here expressly stated (if any);
I acknowledge that this certificate is subject to applicable State and Federal laws, both
criminal and civil.
_________________ ___________________________________
Date Signature
ITEM NO. 6.E.
1
Meeting Date: November 8, 2022
Department: Information Technology
Submitted By: Don Schwartz, Assistant City Manager
Prepared By: David Rowley, Information Technology Operations Manager
Agenda Title: Authorize the City Manager to Execute a Three-Year Microsoft Enterprise
Agreement with SoftwareONE for a Not to Exceed Amount of $215,000
RECOMMENDED ACTION:
Authorize City Manager to purchase the renewal of a three-year Enterprise Agreement for Microsoft
software licenses with SoftwareONE Inc. Payments will be made annually in the amount of
$71,077.52 for a three-year total of $213,233.50.
BACKGROUND:
The Information Technology division supports the city’s software needs. Microsoft operating systems
and office software are core parts of our software.
ANALYSIS:
Every three years the city renews its Enterprise Agreement with Microsoft to continue to use its
software. The current contract is expiring on January 1st, 2023. A new contract is required to maintain
the licensees to use the software and maintain our legal compliance. We are leveraging a contract with
the City of Riverside as a purchasing vehicle to obtain competitive pricing.
STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT:
Effective use of information technology is one of the objectives in the City’s Strategic Plan.
OPTIONS CONSIDERED:
1. Recommended Option: Staff recommends renewing our Microsoft Enterprise Agreement with
SoftwareONE.
2. Alternative: Staff also considered using other vendors to lower costs. In addition to
SoftwareONE, two quotes were received and came in at a higher price.
FISCAL IMPACT/FUNDING SOURCE:
Funding for the recommended option is available as part of the Information Technology budget for FY
2022-23. Funding for future years will be included in the department’s annual budget.
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 6.E.
2
Department Head Approval Date: 10/19/22
Finance Approval Date: 10/21/22
City Attorney Approval Date: 10/24/22
City Manager Approval Date: 10/27/22
Attachments
1. Microsoft Enterprise Agreement renewal form.
2. City of Riverside Master Agreement.
3. SoftwareOne quote for licenses US-QUO-1051195
ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(May2020) Page 1 of 2
Document X20-12883
Program Signature Form
MBA/MBSA number 5-0000009258783
Agreement number 8084445
Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the
associated active number be indicated here, or listed below as new.
For the purposes of this form, “Customer” can mean the signing entity, Enrolled Affiliate,
Government Partner, Institution, or other party entering into a volume licensing program agreement.
This signature form and all contract documents identified in the table below are entered into between
the Customer and the Microsoft Affiliate signing, as of the effective date identified below.
Contract Document Number or Code
Enterprise Enrollment (Indirect) X20-10635
Sub250 Form W29
Enterprise Amendment M97;M325 (New)
Product Selection Form 1250408.002_PSF
By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read
and understand the above contract documents, including any websites or documents incorporated by
reference and any amendments and (2) agree to be bound by the terms of all such documents.
Customer
Name of Entity (must be legal entity name)* City of Rohnert Park
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
Tax ID
*indicates required field
Microsoft Affiliate
Microsoft Corporation
Signature
Printed First and Last Name
Printed Title
Signature Date
(date Microsoft Affiliate countersigns)
Agreement Effective Date
(may be different than Microsoft’s signature date)
Darrin Jenkins
City Manager
Attachment 1
ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(May2020) Page 2 of 2
Document X20-12883
Optional 2nd Customer signature or Outsourcer signature (if applicable)
Customer
Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
* indicates required field
Outsourcer
Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
* indicates required field
If Customer requires additional contacts or is reporting multiple previous Enrollments, include the
appropriate form(s) with this signature form.
After this signature form is signed by the Customer, send it and the Contract Documents to Customer’s
channel partner or Microsoft account manager, who must submit them to the following address. When
the signature form is fully executed by Microsoft, Customer will receive a confirmation copy.
Microsoft Corporation
Dept. 551, Volume Licensing
6880 Sierra Center Parkway
Reno, Nevada 89511
USA
EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 1 of 10
Document X20-10635
Enterprise Enrollment State and Local
Enterprise Enrollment number
(Microsoft to complete) 57356958 Framework ID
(if applicable)
Previous Enrollment number
(Reseller to complete) 62227137
This Enrollment must be attached to a signature form to be valid.
This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature form
as of the effective date. Enrolled Affiliate represents and warrants it is the same Customer, or an Affiliate of
the Customer, that entered into the Enterprise Agreement identified on the program signature form.
This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement
identified on the signature form, (3) the Product Selection Form, (4) the Product Terms, (5) the Online
Services Terms, (6) any Supplemental Contact Information Form, Previous Agreement/Enrollment form,
and other forms that may be required, and (7) any order submitted under this Enrollment. This Enrollment
may only be entered into under a 2011 or later Enterprise Agreement. By entering into this Enrollment,
Enrolled Affiliate agrees to be bound by the terms and conditions of the Enterprise Agreement.
All terms used but not defined are located at http://www.microsoft.com/licensing/contracts. In the event of
any conflict the terms of this Agreement control.
Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or
more previous Enrollments or agreements, then the effective date will be the day after the first prior
Enrollment or agreement expires or terminates. If this Enrollment is renewed, the effective date of the
renewal term will be the day after the Expiration Date of the initial term. Otherwise, the effective date will
be the date this Enrollment is accepted by Microsoft. Any reference to “anniversary date” refers to the
anniversary of the effective date of the applicable initial or renewal term for each year this Enrollment is in
effect.
Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months
from the effective date of the initial term. The renewal term will expire 36 full calendar months after the
effective date of the renewal term.
Terms and Conditions
1. Definitions.
Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The
following definitions are used in this Enrollment:
“Additional Product” means any Product identified as such in the Product Terms and chosen by Enrolled
Affiliate under this Enrollment.
“Community” means the community consisting of one or more of the following: (1) a Government, (2) an
Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a
Government or a qualified member of the Community, or (3) a Customer with Customer Data that is subject
to Government regulations for which Customer determines and Microsoft agrees that the use of
Government Community Cloud Services is appropriate to meet Customer’s regulatory requirements.
EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 2 of 10
Document X20-10635
Membership in the Community is ultimately at Microsoft’s discretion, which may vary by Government
Community Cloud Service.
“Enterprise Online Service” means any Online Service designated as an Enterprise Online Service in the
Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are
treated as Online Services, except as noted.
“Enterprise Product” means any Desktop Platform Product that Microsoft designates as an Enterprise
Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products
must be licensed for all Qualified Devices and Qualified Users on an Enterprise-wide basis under this
program.
“Expiration Date” means the date upon which the Enrollment expires.
“Federal Agency” means a bureau, office, agency, department or other entity of the United States
Government.
“Government” means a Federal Agency, State/Local Entity, or Tribal Entity acting in its governmental
capacity.
“Government Community Cloud Services” means Microsoft Online Services that are provisioned in
Microsoft’s multi-tenant data centers for exclusive use by or for the Community and offered in accordance
with the National Institute of Standards and Technology (NIST) Special Publication 800-145. Microsoft
Online Services that are Government Community Cloud Services are designated as such in the Use Rights
and Product Terms.
“Industry Device” (also known as line of business device) means any device that: (1) is not useable in its
deployed configuration as a general purpose personal computing device (such as a personal computer), a
multi-function server, or a commercially viable substitute for one of these systems; and (2) only employs an
industry or task-specific software program (e.g. a computer-aided design program used by an architect or
a point of sale program) (“Industry Program”). The device may include features and functions derived from
Microsoft software or third-party software. If the device performs desktop functions (such as email, word
processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance),
then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program
functionality; and (2) must be technically integrated with the Industry Program or employ technically
enforced policies or architecture to operate only when used with the Industry Program functionality.
“Managed Device” means any device on which any Affiliate in the Enterprise directly or indirectly controls
one or more operating system environments. Examples of Managed Devices can be found in the Product
Terms.
“Qualified Device” means any device that is used by or for the benefit of Enrolled Affiliate’s Enterprise and
is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running
Windows Pro locally (in a physical or virtual operating system environment), or (2) a device used to access
a virtual desktop infrastructure (“VDI”). Qualified Devices do not include any device that is: (1) designated
as a server and not used as a personal computer, (2) an Industry Device, or (3) not a Managed Device. At
its option, the Enrolled Affiliate may designate any device excluded above (e.g., Industry Device) that is
used by or for the benefit of the Enrolled Affiliate’s Enterprise as a Qualified Device for all or a subset of
Enterprise Products or Online Services the Enrolled Affiliate has selected.
“Qualified User” means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a
Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access
License or any Enterprise Online Service. It does not include a person who accesses server software or
an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms.
“Reseller” means an entity authorized by Microsoft to resell Licenses under this program and engaged by
an Enrolled Affiliate to provide pre- and post-transaction assistance related to this agreement;
“Reserved License” means for an Online Service identified as eligible for true-ups in the Product Terms,
the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service
available for activation.
EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 3 of 10
Document X20-10635
"State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any
United States county, borough, commonwealth, city, municipality, town, township, special purpose district,
or other similar type of governmental instrumentality established by the laws of Customer’s state and
located within Customer’s state’s jurisdiction and geographic boundaries.
“Tribal Entity” means a federally recognized tribal entity performing tribal governmental functions and
eligible for funding and services from the U.S. Department of Interior by virtue of its status as an Indian
tribe.
“Use Rights” means, with respect to any licensing program, the use rights or terms of service for each
Product and version published for that licensing program at the Volume Licensing Site and updated from
time to time. The Use Rights include the Product-Specific License Terms, the License Model terms, the
Universal License Terms, the Data Protection Terms, and the Other Legal Terms. The Use Rights
supersede the terms of any end user license agreement (on-screen or otherwise) that accompanies a
Product.
“Volume Licensing Site” means http://www.microsoft.com/licensing/contracts or a successor site.
2. Order requirements.
a. Minimum order requirements. Enrolled Affiliate’s Enterprise must have a minimum of 250
Qualified Users or Qualified Devices. The initial order must include at least 250 Licenses for
Enterprise Products or Enterprise Online Services.
(i) Enterprise commitment. Enrolled Affiliate must order enough Licenses to cover all
Qualified Users or Qualified Devices, depending on the License Type, with one or more
Enterprise Products or a mix of Enterprise Products and the corresponding Enterprise
Online Services (as long as all Qualified Devices not covered by a License are only used
by users covered with a user License).
(ii) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled
Affiliate need only maintain at least 250 Subscription Licenses for Enterprise Online
Services.
b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled
Affiliate may order Additional Products.
c. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has
more restrictive use rights than the version that is current at the start of the applicable initial or
renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled
Affiliate’s use of that Product during that term.
d. Country of usage. Enrolled Affiliate must specify the countries where Licenses will be used
on its initial order and on any additional orders.
e. Resellers. Enrolled Affiliate must choose and maintain a Reseller authorized in the United
States. Enrolled Affiliate will acquire its Licenses through its chosen Reseller. Orders must be
submitted to the Reseller who will transmit the order to Microsoft. The Reseller and Enrolled
Affiliate determine pricing and payment terms as between them, and Microsoft will invoice the
Reseller based on those terms. Throughout this Agreement the term “price” refers to reference
price. Resellers and other third parties do not have authority to bind or impose any obligation
or liability on Microsoft.
f. Adding Products.
(i) Adding new Products not previously ordered. New Enterprise Products or Enterprise
Online Services may be added at any time by contacting a Microsoft Account Manager or
Reseller. New Additional Products, other than Online Services, may be used if an order is
placed in the month the Product is first used. For Additional Products that are Online
Services, an initial order for the Online Service is required prior to use.
EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 4 of 10
Document X20-10635
(ii) Adding Licenses for previously ordered Products. Additional Licenses for previously
ordered Products other than Online Services may be added at any time but must be
included in the next true-up order. Additional Licenses for Online Services must be ordered
prior to use, unless the Online Services are (1) identified as eligible for true-up in the
Product Terms or (2) included as part of other Licenses.
g. True-up requirements. Enrolled Affiliate must submit an annual true-up order that accounts
for any changes since the initial order or last order. If there are no changes, then an update
statement must be submitted instead of a true-up order.
(i) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the
number of Qualified Devices and Qualified Users (if ordering user-based Licenses) at the
time the true-up order is placed and must order additional Licenses for all Qualified Devices
and Qualified Users that are not already covered by existing Licenses, including any
Enterprise Online Services.
(ii) Additional Products. For Additional Products that have been previously ordered under
this Enrollment, Enrolled Affiliate must determine the maximum number of Additional
Products used since the latter of the initial order, the last true-up order, or the prior
anniversary date and submit a true-up order that accounts for any increase.
(iii) Online Services. For Online Services identified as eligible for true-up in the Product
Terms, Enrolled Affiliate may place a reservation order for the additional Licenses prior to
use and payment may be deferred until the next true-up order. Microsoft will provide a
report of Reserved Licenses ordered but not yet invoiced to Enrolled Affiliate and its
Reseller. Reserved Licenses will be invoiced retrospectively to the month in which they
were ordered.
(iv) Subscription License reductions. Enrolled Affiliate may reduce the quantity of
Subscription Licenses at the Enrollment anniversary date on a prospective basis if
permitted in the Product Terms, as follows:
1) For Subscription Licenses that are part of an Enterprise-wide purchase, Licenses may
be reduced if the total quantity of Licenses and Software Assurance for an applicable
group meets or exceeds the quantity of Qualified Devices and Qualified Users (if
ordering user-based Licenses) identified on the Product Selection Form, and includes
any additional Qualified Devices and Qualified Users added in any prior true-up orders.
Step-up Licenses do not count towards this total count.
2) For Enterprise Online Services that are not a part of an Enterprise-wide purchase,
Licenses can be reduced as long as the initial order minimum requirements are
maintained.
3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may
reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate’s
use of the applicable Subscription License will be cancelled.
Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true-up
order Enrollment anniversary date and effective as of such date.
(v) Update statement. An update statement must be submitted instead of a true-up order if,
since the initial order or last true-up order, Enrolled Affiliate’s Enterprise: (1) has not
changed the number of Qualified Devices and Qualified Users licensed with Enterprise
Products or Enterprise Online Services; and (2) has not increased its usage of Additional
Products. This update statement must be signed by Enrolled Affiliate’s authorized
representative.
(vi) True-up order period. The true-up order or update statement must be received by
Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The third-
year true-up order or update statement is due within 30 days prior to the Expiration Date,
and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate
EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 5 of 10
Document X20-10635
may submit true-up orders more often to account for increases in Product usage, but an
annual true-up order or update statement must still be submitted during the annual order
period.
(vii) Late true-up order. If the true-up order or update statement is not received when due,
Microsoft will invoice Reseller for all Reserved Licenses not previously invoiced and
Subscription License reductions cannot be reported until the following Enrollment
anniversary date (or at Enrollment renewal, as applicable).
h. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate
may step-up to a higher edition or suite as follows:
(i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to
the true-up process.
(ii) If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up
initially by following the process described in the Section titled “Adding new Products not
previously ordered,” then for additional step-up Licenses, by following the true-up order
process.
i. Clerical errors. Microsoft may correct clerical errors in this Enrollment, and any documents
submitted with or under this Enrollment, by providing notice by email and a reasonable
opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor
mistakes, unintentional additions and omissions. This provision does not apply to material
terms, such as the identity, quantity or price of a Product ordered.
j. Verifying compliance. Microsoft may, in its discretion and at its expense, verify compliance
with this Enrollment as set forth in the Enterprise Agreement.
3. Pricing.
a. Price Levels. For both the initial and any renewal term Enrolled Affiliate’s Price Level for all
Products ordered under this Enrollment will be Level “D” throughout the term of the Enrollment.
b. Setting Prices. Enrolled Affiliate’s prices for each Product or Service will be established by its
Reseller. Except for Online Services designated in the Product Terms as being exempt from
fixed pricing, As long as Enrolled Affiliate continues to qualify for the same price level,
Microsoft’s prices for Resellers for each Product or Service ordered will be fixed throughout the
applicable initial or renewal Enrollment term. Microsoft’s prices to Resellers are reestablished
at the beginning of the renewal term.
4. Payment terms.
For the initial or renewal order, Microsoft will invoice Enrolled Affiliate’s Reseller in three equal annual
installments. The first installment will be invoiced upon Microsoft’s acceptance of this Enrollment and
remaining installments will be invoiced on each subsequent Enrollment anniversary date. Subsequent
orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront
for Online Services and upfront for all other Licenses.
5. End of Enrollment term and termination.
a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses
for Products it has used but has not previously submitted an order, except as otherwise
provided in this Enrollment.
b. Renewal option. At the Expiration Date of the initial term, Enrolled Affiliate can renew
Products by renewing this Enrollment for one additional 36-month term or by signing a new
Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal
order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal.
EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 6 of 10
Document X20-10635
Microsoft may make changes to this program that will make it necessary for Customer and its
Enrolled Affiliates to enter into new agreements and Enrollments at renewal.
c. If Enrolled Affiliate elects not to renew.
(i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any
Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software
Assurance later without first acquiring a new License with Software Assurance.
(ii) Online Services eligible for an Extended Term. For Online Services identified as eligible
for an Extended Term in the Product Terms, the following options are available at the end
of the Enrollment initial or renewal term.
1) Extended Term. Licenses for Online Services will automatically expire in accordance
with the terms of the Enrollment. An extended term feature that allows Online Services
to continue month-to-month (“Extended Term”) is available. During the Extended
Term, Online Services will be invoiced monthly at the then-current published price as
of the Expiration Date plus a 3% administrative fee for up to one year. If Enrolled
Affiliate wants an Extended Term, Enrolled Affiliate must submit a request to Microsoft
at least 30 days prior to the Expiration Date.
2) Cancellation during Extended Term. At any time during the first year of the
Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting a
notice of cancellation to Microsoft for each Online Service. Thereafter, either party
may terminate the Extended Term by providing the other with a notice of cancellation
for each Online Service. Cancellation will be effective at the end of the month following
30 days after Microsoft has received or issued the notice.
(iii) Subscription Licenses and Online Services not eligible for an Extended Term. If
Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as
of the Expiration Date. Any associated media must be uninstalled and destroyed and
Enrolled Affiliate’s Enterprise must discontinue use. Microsoft may request written
certification to verify compliance.
d. Termination for cause. Any termination for cause of this Enrollment will be subject to the
“Termination for cause” section of the Agreement. In addition, it shall be a breach of this
Enrollment if Enrolled Affiliate or any Affiliate in the Enterprise that uses Government
Community Cloud Services fails to meet and maintain the conditions of membership in the
definition of Community.
e. Early termination. Any early termination of this Enrollment will be subject to the “Early
Termination” Section of the Enterprise Agreement.
For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an
Online Service for regulatory reasons, Microsoft will issue Reseller a credit for any amount paid
in advance for the period after termination.
6. Government Community Cloud.
a. Community requirements. If Enrolled Affiliate purchases Government Community Cloud
Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use
Government Community Cloud Services solely in its capacity as a member of the Community
and, for eligible Government Community Cloud Services, for the benefit of end users that are
members of the Community. Use of Government Community Cloud Services by an entity that
is not a member of the Community or to provide services to non-Community members is strictly
prohibited and could result in termination of Enrolled Affiliate’s license(s) for Government
Community Cloud Services without notice. Enrolled Affiliate acknowledges that only
Community members may use Government Community Cloud Services.
b. All terms and conditions applicable to non-Government Community Cloud Services also apply
EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 7 of 10
Document X20-10635
to their corresponding Government Community Cloud Services, except as otherwise noted in
the Use Rights, Product Terms, and this Enrollment.
c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and
corresponding non-Government Community Cloud Services in the same domain.
d. Use Rights for Government Community Cloud Services. For Government Community
Cloud Services, notwithstanding anything to the contrary in the Use Rights:
(i) Government Community Cloud Services will be offered only within the United States.
(ii) Additional European Terms, as set forth in the Use Rights, will not apply.
(iii) References to geographic areas in the Use Rights with respect to the location of Customer
Data at rest, as set forth in the Use Rights, refer only to the United States.
EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 8 of 10
Document X20-10635
Enrollment Details
1. Enrolled Affiliate’s Enterprise.
a. Identify which Agency Affiliates are included in the Enterprise. (Required) Enrolled Affiliate’s
Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of
Enrolled Affiliate, not partial offices, bureaus, agencies, or departments, or other partial entities.
Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise
to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will deem the
Enterprise to include the largest number of Affiliates:
Enrolled Affiliate only
Enrolled Affiliate and all Affiliates
Enrolled Affiliate and the following Affiliate(s) (Only identify specific affiliates to be included
if fewer than all Affiliates are to be included in the Enterprise):
Enrolled Affiliate and all Affiliates, with following Affiliate(s) excluded:
b. Please indicate whether the Enrolled Affiliate’s Enterprise will include all new Affiliates acquired
after the start of this Enrollment: Exclude future Affiliates
2. Contact information.
Each party will notify the other in writing if any of the information in the following contact information page(s)
changes. The asterisks (*) indicate required fields. By providing contact information, Enrolled Affiliate
consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties
that help administer this Enrollment. The personal information provided in connection with this Enrollment
will be used and protected in accordance with the privacy statement available at
https://www.microsoft.com/licensing/servicecenter.
a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled
Affiliate’s Enterprise. This contact is also an Online Administrator for the Volume Licensing
Service Center and may grant online access to others. The primary contact will be the default
contact for all purposes unless separate contacts are identified for specific purposes
Name of entity (must be legal entity name)* City of Rohnert Park
Contact name* First David Last Rowley
Contact email address* Drowley@rpcity.org
Street address* 130 Avram Ave.
City* Rohnert Park
State* CA
Postal code* 94927-7807-
(Please provide the zip + 4, e.g. xxxxx-xxxx)
Country* United States
Phone* 707-584-2684
Tax ID
* indicates required fields
b. Notices contact and Online Administrator. This contact (1) receives the contractual notices,
(2) is the Online Administrator for the Volume Licensing Service Center and may grant online
access to others, and (3) is authorized to order Reserved Licenses for eligible Online Servies,
including adding or reassigning Licenses and stepping-up prior to a true-up order.
EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 9 of 10
Document X20-10635
Same as primary contact (default if no information is provided below, even if the box is not
checked).
Contact name* First David Last Rowley
Contact email address* Drowley@rpcity.org
Street address* 130 Avram Ave.
City* Rohnert Park
State* CA
Postal code* 94927-7807-
(Please provide the zip + 4, e.g. xxxxx-xxxx)
Country* United States
Phone* 707-584-2684
Language preference. Choose the language for notices. English
This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives
personally identifiable information of the Customer and its Affiliates.
* indicates required fields
c.Online Services Manager. This contact is authorized to manage the Online Services ordered
under the Enrollment and (for applicable Online Services) to add or reassign Licenses and
step-up prior to a true-up order.
Same as notices contact and Online Administrator (default if no information is provided below,
even if box is not checked)
Contact name*: First David Last Rowley
Contact email address* Drowley@rpcity.org
Phone* 707-584-2684
This contact is from a third party organization (not the entity). Warning: This contact receives
personally identifiable information of the entity.
* indicates required fields
d.Reseller information. Reseller contact for this Enrollment is:
Reseller company name* SoftwareONE, Inc.
Street address (PO boxes will not be accepted)* 20875 Crossroads Circle, Suite 1
City* Waukesha
State* WI
Postal code* 53186-4093
Country* United States
Contact name* MS. Admin
Phone* 262-317-5555
Contact email address* ms-admin.us@softwareone.com
* indicates required fields
By signing below, the Reseller identified above confirms that all information provided in this
Enrollment is correct.
Signature*
Printed name*
Printed title*
Date*
* indicates required fields
Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with
each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the
Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the
Bridget Hardwick
PCE CSM
10/18/22
EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 10 of 10
Document X20-10635
other party using a form provided by Microsoft at least 90 days prior to the date on which the
change is to take effect.
e. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental
Contact Information form. Otherwise, the notices contact and Online Administrator remains
the default.
(i) Additional notices contact
(ii) Software Assurance manager
(iii) Subscriptions manager
(iv) Customer Support Manager (CSM) contact
3. Financing elections.
Is a purchase under this Enrollment being financed through MS Financing? Yes, No.
If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not to
finance any associated taxes, it must pay these taxes directly to Microsoft.
AmendmentApp v4.0 M97,M325 B
Page 1 of 2
Amendment to Contract Documents
Enrollment Number
5-0000009258783
These amendments are entered into between the parties identified on the attached program signature
form. They amend the Enrollment or Agreement identified above. All terms used but not defined in
these amendments will have the same meanings provided in that Enrollment or Agreement.
Enterprise Enrollment (Indirect)
Invoice for Quoted Price
Amendment ID M97
The price quoted to Enrolled Affiliate’s Reseller is a fixed price based on an estimated order submission
date. Microsoft will invoice Enrolled Affiliate’s Reseller based on this fixed price quote. If this order is
submitted later than the estimated order submission date, Enrolled Aff iliate’s Reseller will be charged
for net new Monthly Subscriptions (including Online Services) for the period during which these services
were not provided. Pricing to Enrolled Affiliate is agreed between Enrolled Affiliate and Enrolled
Affiliate’s Reseller.
SKU Number SKU Description Existing Quantity Incremental
quantities
AAD-34700 M365 G3 Unified FSA
GCC Sub Per User 170
AAD-63092 M365 F3 Unified GCC
Sub Per User 68
NYH-00001 Teams AC with Dial Out
US/CA GCC Sub Add-on
238
AmendmentApp v4.0 M97,M325 B
Page 2 of 2
Enterprise Enrollment
Early Commitment
Amendment ID M325
For the purposes of this Amendment, “Entity” can mean the signing entity, Customer, Enrolled Affiliate,
Government Partner, Institution, or other party entering into a volume licensing program agreement.
The parties agree that the Enrollment is amended by adding a section entitled “Early Commitment.”
Early Commitment
a. In this Amendment, “Entity” can mean the signing entity, Customer, Enrolled Affiliate,
Government Partner, Institution, or other party entering into a volume licensing program
agreement.
b. This renewal may be earlier than the required timeline. The effective date of this Enrollment
shall be one day following the Expiring Enrollment.
c. Entity’s initial order under this Enrollment includes a renewal of Entity’s Software Assurance
and/or Subscription Licenses previously ordered under the Expiring Enrollment number
62227137 for the full term of the Expiring Enrollment from the day after expiration. The
following conditions apply to this renewal:
(i) Entity’s final true-up order on the Expiring Enrollment shall be placed at the time this
Enrollment is signed and any contents of that true-up order that Entity wishes to renew
must also be added to this Enrollment’s initial order.
(ii) Any subsequent true-up orders placed under the Expiring Enrollment after the signing
of this Enrollment must be placed no later than 15 days prior to the Expiring
Enrollment’s Expiration Date, and must be placed with the assistance of Entity’s
Microsoft Account Manager, Software Advisor or Reseller.
(iii) During the period between the execution and effective date of this Enrollment, Entity
may add new Products to the Expiring Enrollment. No later than 15 days prior to the
Expiring Enrollment’s Expiration Date, Entity may renew Software Assurance or
Subscription Licenses for such Products under this Enrollment with the assistance of
Entity’s Microsoft Account Manager, Software Advisor or Reseller by submitting a
supplemental order.
(iv) Entity should tick the following box ☐ if this is the final True Up under their current
Expiring Agreement.
Except for changes made by these amendments, the Enrollment or Agreement identified above remains
unchanged and in full force and effect. If there is any conflict between any provision in these
amendments and any provision in the Enrollment or Agreement identified above, these amendments
shall control.
Microsoft Internal Use Only:
(M97)EnrAmend(Ind)(InvoiceforQuotedPrice)(
WW)(ENG)(Oct2020)(IU).docx
M97 B
(M325)EnrAmend(EarlyCommitment)(WW)(E
NG)(June2019)(IU).docx
M325 PLSS
This Amendment must be attached to a signature form to be valid.
EAEnrAmend(NA)(ENG)(May2018) Sub 250 Program
W29
O
Page 1 of 2
Enterprise Sub 250 Program
Amendment ID W29
The parties agree that the Enrollment is amended as follows:
1. On the first page of the Enrollment, the following is added after the
second paragraph:
By entering into this Enrollment, the Enrolled Affiliate agrees that (1) it also has 25 or more Qualified
Devices or Qualified Users; or (2) as a condition of entering into this Enrollment with 25-249 Qualified
Devices or Qualified Users, Enrolled Affiliate has elected not to receive CD ROMs as part of the
Enrollment and therefore no CD ROMs will automatically be shipped. If Enrolled Affiliate is enrolling
with 25-249 Qualified Devices or Qualified Users and it would like to receive CD ROM Kits and updates,
Enrolled Affiliate may order these through its Reseller for a fee.
The submission of this Amendment can only be placed against a 2011 Enterprise Agreement or an
Enrollment that has the Updated EA Amendment terms and conditions applied. The submittal of this
Amendment may not be contingent on submittal of a new Enterprise Agreement.
2. Section 2a of the Enrollment titled “Order Requirements”, is
hereby amended and restated in its entirety with the following:
a. Minimum Order Requirements. Enrolled Affiliate’s Enterprise must have a minimum of
25 Qualified Users or Qualified Devices.
(i) Initial Order. Initial order must include at least 25 Licenses from one of the four groups
outlined in the Product Selection Form.
(ii) If choosing Enterprise Products. If choosing Enterprise Products in a specific group
outlined in the Product Selection Form, Enrolled Affiliate’s initial order must include an
Enterprise-wide selection of one or more Enterprise Products or a mix of Enterprise
Products and corresponding Enterprise Online Services for that group.
(iii) Additional Products. Upon satisfying the minimum order requirements above,
Enrolled Affiliate may order Additional Products.
(iv) Country of Usage. Enrolled Affiliate must specify the countries where Licenses will
be used on its initial order and on any additional orders.
(v) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled
Affiliate need only maintain at least 25 Subscription Licenses for Enterprise Online
Services.
3. Software Assurance renewal.
Renewing Software Assurance: If Enrolled Affiliate will be renewing Products
Software Assurance coverage from a separate agreement, check this box.
By checking the above box, a new section is added to the Enrollment entitled “Software Assurance
Addition.”
Software Assurance Addition. Enrolled Affiliate is permitted to and will include in its initial order under
this Enrollment Software Assurance quantities from eligible Program’s identified in the table below, even
though Enrolled Affiliate is not otherwise eligible to order such Software Assurance without
simultaneously ordering a License.
EAEnrAmend(NA)(ENG)(May2018) Sub 250 Program
W29
O
Page 2 of 2
Enrolled Affiliate agrees that any perpetual Licenses received through the New Software Assurance
shall supersede and replace the underlying Licenses, and the underlying Licenses are not to be
transferred separately from any Licenses received through the New Software Assurance. Any remaining
payment obligations with respect to the underlying Licenses shall continue in effect.
Program License ID Number Expiration Date
Enterprise 62227137 12/31/2022
PrevEnrAgrForm(WW)(ENG)(Oct2019) Page 1 of 1
Document X20-12873
Previous Enrollment(s)/Agreement(s) Form
Entity Name: City of Rohnert Park
Contract that this form is attached to: State Local Government
For the purposes of this form, “entity” can mean the signing entity, Customer, Enrolled Affiliate,
Government Partner, Institution, or other party entering into a volume licensing program agreement.
Please provide a description of the previous Enrollment(s), Agreement(s), Purchasing Account(s),
and/or Affiliate Registration(s) being renewed or consolidated into the new contract identified above.
a. Entity may select below any previous contract(s) from which to transfer MSDN subscribers
to this new contract. Entity shall ensure that each MSDN subscriber transferred is either
properly licensed under the new contract or is removed.
b. Entity may select below only one previous contract from which to transfer the Software
Assurance (SA) Benefit contact details, i.e., benefits contact (not the SA manager) and the
program codes, to this new contract.
c. An Open License cannot be used to transfer either the SA Benefit details or MSDN
subscribers.
d. The date of the earliest expiring Enrollment/Agreement that contains SA or Online Services
will be the effective date of the new contract (or SA coverage period for Select Plus).
e. Please insert the number of the earliest expiring Enrollment/Agreement with SA or Online
Services in the appropriate fields of the new contract.
Enrollment/Agreement/
Purchasing Account/Affiliate
Registration Description
Enrollment/Agreement/
Purchasing Account/Affiliate
Registration Public Customer
Number
Transfer
SA Benefit
Contact
Transfer
MSDN
Subscribers
Standard Enrollment 62227137 X X
Enterprise Enrollment Product Selection Form Microsoft | Volume Licensing
Language:
Qualified Devices Qualified Users Device / User Ratio
170 170 1.0
Additional Product Application Pool: Unless otherwise indicated in associated contract documents, Price level set using quantity from Group 1.D
M365 G3 GCC FromSA Unified 170
2,399 and below A
2,400 to 5,999 B
6,000 to 14,999 C
15,000 and above D
Unless otherwise indicated in the associated contract documents, the price level for each Product offering / pool is set as described above, based upon the quantity to price level mapping below:
Quantity of Licenses and Software Assurance Price Level
Enrolled Affiliate’s Product Quantities:
Price Group 1 2 3 4
Enterprise Products Office Professional Plus + M365 Apps
for Enterprise + Office 365 (Plans E3
and E5) + Microsoft 365 Enterprise
Client Access License + Office 365
(Plans E1, E3 and E5) + Microsoft
365 Enterprise
Client Access License +
Windows Intune + EMS USL +
Microsoft 365 Enterprise
Win E3 + Win
E5 + Win VDA +
Microsoft 365
Enterprise
170 170
Enrolled Affiliate’s Enterprise Products and Enterprise Online Services summary for the initial order:
170 170
English (United States)
Enterprise Product Platform
No
Profile
Enterprise
CAL Licensing
Model
Microsoft 365 Enterprise
Proposal ID
1250408.002
Enrollment Number
Notes
Products
User Licenses
Enterprise Quantity
Quantity
Enrolled Affiliate’s Price Level:
Additional Product Server Pool: Unless otherwise indicated in associated contract documents, Price level set using the highest quantity from Group 2 or 3.D
Additional Product Systems Pool: Unless otherwise indicated in associated contract documents, Price level set using quantity from Group 4.D
Product Offering / Pool Price Level
Enterprise Products and Enterprise Online Services USLs: Unless otherwise indicated in associated contract documents, Price level set using the highest quantity from
Groups 1 through 4.D
EA-EASProdSelForm(WW)(ENG)
Page 1 of 2
MS Quote
Enterprise Enrollment Product Selection Form Microsoft | Volume Licensing
Note 2: If Enrolled Affiliate does not order an Enterprise Product or Enterprise Online Service associated with an applicable Product pool, the price level for Additional Products in the same pool will
be price level “A” throughout the term of the Enrollment. Refer to the Qualifying Government Entity Addendum pricing provision for more details on price leveling.
Note 1: Enterprise Online Services may not be available in all locations. Please see the Product List for a list of locations where these may be purchased.
EA-EASProdSelForm(WW)(ENG)
Page 2 of 2
MS Quote
Attachment 2
Invoice Address
City Of Rohnert Park
130 Avram Ave
ROHNERTPARK, CA 94928
Shipping Address
City Of Rohnert Park
130 Avram Ave
ROHNERTPARK, CA 94928
License Address
City Of Rohnert Park
130 Avram Ave
ROHNERTPARK, CA 94928
David Rowley
drowley@rpcity.org
Quote US-QUO-1051195
Start Date Version
Description End Date OS Amount
Pos.No.Manufacturer Disc-Lev.Format Lic. Model Lic. Metrics Qty.Unit Price Sales Tax (USD)
Renewal of Enrollment # 62227137
1/1/2023-12/31/2023
Year 1
10 AAD-34700 M365 G3 Unified FSA GCC Sub Per User NON-SPEC/AL
Monthly Subscription Non-Specific
Microsoft LEVEL D SUB IEA 170 320.21 0.00 54,435.70
20 AAD-63092 M365 F3 Unified GCC Sub Per User NON-SPEC/AL
Government Monthly Subscription Non-Specific
Microsoft LEVEL D SUB IEA ADD G 68 82.78 0.00 5,629.04
30 076-01912 Project Standard NON-SPEC/AL
Government 1 Year SA Add Prod Non-Specific
Microsoft LEVEL D MNT IEA ADD G 4 128.50 0.00 514.00
40 D86-01253 Visio Standard NON-SPEC/AL
Government 1 Year SA Add Prod Non-Specific
Microsoft LEVEL D MNT IEA ADD G 4 56.64 0.00 226.56
City Of Rohnert Park
130 Avram Ave
ROHNERTPARK, CA 94928
Date
Customer No.
Your Reference
Account Manager
Your Contact Person
E-Mail
Our Tax ID
10/19/2022
US-SCU-128175
Renewal - M365 G3
Miles Allarea
statestore us
statestore.us@softwareone.com
39-1501504
Attachment 3
Start Date Version
Description End Date OS Amount
Pos.No.Manufacturer Disc-Lev.Format Lic. Model Lic. Metrics Qty.Unit Price Sales Tax (USD)
50 6VC-01254 Windows Remote Desktop Services User CAL only NON-SPEC/AL
Government 1 Year SA Add Prod Non-Specific
Microsoft LEVEL D MNT IEA ADD G 30 23.75 0.00 712.50
60 9EA-00278 Windows Server DataCenter Core 2 Lic Core Lic NON-SPEC/AL
Government 1 Year SA Add Prod Non-Specific
Microsoft LEVEL D MNT IEA ADD G 32 126.18 0.00 4,037.76
70 9EM-00270 Windows Server Standard Core 2 Lic Core Lic NON-SPEC/AL
Government 1 Year SA Add Prod Non-Specific
Microsoft LEVEL D MNT IEA ADD G 88 19.37 0.00 1,704.56
80 359-00792 SQL Device CAL only NON-SPEC/AL
Government 1 Year SA Add Prod Non-Specific
Microsoft LEVEL D MNT IEA ADD G 60 34.23 0.00 2,053.80
90 228-04433 SQL Server Standard NON-SPEC/AL
Government 1 Year SA Add Prod Non-Specific
Microsoft LEVEL D MNT IEA ADD G 4 147.13 0.00 588.52
100 7NQ-00292 SQL Server Standard Core 2 Lic Core Lic NON-SPEC/AL
Government 1 Year SA Add Prod Non-Specific
Microsoft LEVEL D MNT IEA ADD G 2 587.69 0.00 1,175.38
Year 2: $ 71,077.82
Year 3: $ 71,077.82
Total USD excl. Tax 71,077.82
Tax 0.00
Total USD incl. Tax 71,077.82
Thank you for your request for quote.
This offer is non-binding. Prices are subject to change if supplier prices or currency values fluctuate.
Unless customer & SoftwareONE have executed a reseller agreement, customer hereby agrees that by placing an order with SoftwareONE customer will be bound by SoftwareONE’s terms &
conditions, located at www.softwareone.com, and the placement of your order represents your agreement thereto. If Customer is required by law to withhold any tax from amount payable,
the amount payable will be increased so that after making all required withholdings, SoftwareONE receives equal to the amount it would have received had no such withholdings been made.
Payment Terms 30 Days net
Shipping Method Electronic Software Delivery
Quote valid until 11/30/2022
Prices are based on 30 Days net, FOB SoftwareONE. Shipping and Handling and applicable Sales Tax are additional. Once SoftwareONE places an order is placed with a Licensor,
Customer’s order will be binding and non-cancelable, except as otherwise provided by the Licensor’s Return Policies.
CONFIDENTIAL INFORMATION: This Quote, and any attachment is intended only for the person or entity to which it is addressed, and contains confidential and/or privileged
information. Any review, retransmission, dissemination or other use of this information to persons or entities other than the intended recipient is prohibited.
View or place within PyraCloud: https://portal.softwareone.com/Quotes/DocumentDetail/US/US-QUO-1051195
Quote US-QUO-1051195
ITEM NO. ___7.A.________
1
Meeting Date: November 8, 2022
Department: Development Services and Public Safety
Submitted By: Mary Grace Pawson, Development Services Director
Prepared By: Mary Grace Pawson, Development Services Director
Jim Thompson, Fire Marshal
Agenda Title: PUBLIC HEARING: Introducing by Title Only and Waiving First
Reading of Ordinance No. 971 Repealing and Replacing Chapters 15.04
through 15.28 of Title 15 “Buildings and Construction” of the Rohnert
Park Municipal Code to Adopt by Reference the 2022 California Building
Standards Code with Local Amendments as Set Forth in Chapters 15.04
(General Provisions), 15.08 (Building Code), 15.12 (Residential Code),
15.16 (Electrical Code), 15.18 (Mechanical Code), 15.20 (Plumbing Code),
15.22 (Energy Code), 15.24 (Existing Building Code), 15.26 (Green
Building Standards Code) and 15.28 (Fire Code) to Title 15 “Building and
Construction” and Finding this Action Exempt from the California
Environmental Quality Act (CEQA) Under Section 15061(b)(3)
RECOMMENDED ACTION:
1. Hold a public hearing;
2. Introduce by title only, and waive first reading of Ordinance 971 repealing and replacing
Chapters 15.04 through 15.28 of Title 15 “Buildings and Construction” of the Rohnert
Park Municipal Code to adopt by reference the 2022 California Building Standards Code
with local amendments as set forth in Chapters 15.04 (General Provisions), 15.08
(Building Code), 15.12 (Residential Code), 15.16 (Electrical Code), 15.18 (Mechanical
Code), 15.20 (Plumbing Code), 15.22 (Energy Code), 15.24 (Existing Building Code),
15.26 (Green Building Standards Code) and 15.28 (Fire Code) to Title 15 “Building and
Construction” and Finding this Action Exempt from the California Environmental
Quality Act (CEQA) Under Section 15061(b)(3)
BACKGROUND:
The California Building Standards Code (Title 24 of the California Code of Regulations and
hereinafter “Standards”) includes the California Building, Residential, Electrical, Mechanical,
Plumbing, Energy, Fire, and Existing Building Codes and the Green Building Standards. The
Standards are maintained by the California Building Standards Commission (Commission)
which generally updates, amends and republishes the Standards every three years. The
Commission bases its updates on changes to national and international “model codes”, which
reflect the best current understanding of the building industry on issues ranging from life safety
to energy and water efficiency. The Commission published its most recent update to the
Standards on July 1, 2022 (the 2022 Standards). The 2022 Standards continue the State’s efforts
Mission Statement
“We Care for Our Residents by Working Together to
Build a Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA
ITEM NO. ___7.A.________
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to facilitate “electrification” of the built environment in order support California’s greenhouse
gas emission reduction goals. Attachment 1 provides a very brief summary of the major changes
included in 2022 Standards for the City Council’s reference.
The City of Rohnert Park is a local jurisdiction with authority to implement and enforce the
Standards. Under state law, the 2022 Standards, as published by the Commission, become
effective to all occupancies throughout California on January 1, 2023. The California Health and
Safety Code requires the City Council to adopt the 2022 Standards but also allows the City
Council to adopt local amendments to the Standards based on local climatic, geological or
topographical conditions, which the City has done in previous code cycles. If the City does not
adopt local amendments to the 2022 Standards by January 1, 2023, the 2022 Building Standards
go into effect without any local amendments.
Staff is requesting that the City Council introduce an ordinance that includes the 2022 Standards
with local amendments. Ordinance adoption will be considered in late November, allowing the
2022 Standards, as amended by the City, to go into effect on January 1, 2023.
ANALYSIS:
The City of Rohnert Park (City) incorporates the Building Standards Code within Chapter 15 of
the Municipal Code in the following divisions:
15.04 – General Provisions
15.08 – Building Code
15.12 – Residential Code
15.16 – Electrical Code
15.18 – Mechanical Code
15.20 – Plumbing Code
15.22 – Energy Code
15.24 – Existing Building Code
15.26 – Green Building Code
15.28 – Fire Code
In reviewing the 2022 Standards for adoption, staff is proposing one (1) significant change to the
current local amendments together with some clarifying changes around fire alarm policies. Staff
is otherwise recommending that the City’s existing local amendments, which are summarized in
Attachment 2, be readopted. At the Council’s request, staff is also providing a brief discussion on
the City’s requirement for replacement of electrical panels in existing one and two family
dwelling units and how this requirement is being interpreted to facilitate the safe installation of
solar panels and batteries in existing homes.
Proposed Changes to Local Amendments: The City’s current local amendments (RPMC
15.04.040 – Section 105.8) currently include a provision that allows production home builders,
such as those working the University District or Willowglen to carry their approved master home
plans across a building cycle without re-designing the homes to conform to the new code. This is
an atypical provision that has been in effect since 2016 and that allows the builders to save some
re-design costs.
ITEM NO. ___7.A.________
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The 2022 Building Standards include a number of new requirements that support all-electric
homes, which is consistent with city, regional and state policies for greenhouse gas emission
reduction. Implementing the 2022 Building Standards is consistent with the City’s draft General
Plan 2040. If the City choose to allow builders to continue to build homes in accordance with
prior codes, the opportunity to encourage electrification would be missed, which is inconsistent
with City’s policy. As a result, staff is recommending that this particular local amendment not be
re-adopted.
Discussion of Local Amendments with respect to Electrical Panel Replacements: The City’s
local amendments (RPMC 15.16.010 Section 230.79(E)) state that the building official may
require the replacement of Federal Pacific or Zinsco panels under certain circumstances,
including when a secondary power source, such as solar power, is added. This local amendment
was adopted because these types of panels have a documented history of causing electrical fires
and the City’s goal is to ensure that residents have a safe electrical system when a secondary
source of power is installed. Until recently, the electrical panel change out was a relatively minor
construction activity that consisted of removing the older panel and installing a new panel in its
place. Recent changes to PG&E’s design standards for electrical panel location, with respect to
gas meter location, have created a situation where replacing the panel could result in the need to
reinstall the electrical service from the street to home in order to create more distance between
the electrical and gas services, a much more expensive endeavor that is not the intent of the
City’s local amendment.
Staff is recommending that Council retain the local the amendment, which provides the building
official with some discretion. Staff will be complimenting this code section with a building
division policy that allows the applicant’s electrician to certify that the Federal Pacific or Zinsco
panels have been tested and are safe. Panels that test as safe would not need to replaced but the
City would retain the authority to require the replacement of truly dangerous panels for the
benefit of all involved.
ENVIRONMENTAL ANALYSIS:
In accordance with California Environmental Quality Act (CEQA) Section 15061(b) (3), this is
not a project subject to CEQA in that there is no possibility that the activity in question may have
a significant effect on the environment.
STRATEGIC PLAN AND CITY COUNCIL PRIORITY ALIGNMENT:
The adoption, implementation and enforcement of the 2022 Standards with local amendments
supports Strategic Plan Goal D – Continue to Develop a Vibrant Community. The 2022
Standards and local amendments are also important tools for implementing the Council’s priority
on Climate Change.
OPTIONS CONSIDERED:
None. Adopting the 2022 Building Standards with the City’s local amendments meets the
requirements of state law.
FISCAL IMPACT/FUNDING SOURCE:
The fiscal impact of adopting the 2022 Standards with the proposed local amendments will be
minimal.
Code Compliance Approval Date: NA
ITEM NO. ___7.A.________
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Department Head Approval Date: 10/20/2022 (Development Services)
Finance Director Approval Date: NA
City Attorney Approval Date: 10/27/2022
City Manager Approval Date: 10/31/2022
Attachments
1. Summary of major changes between the 2019 and 2022 Building Standards
2. Summary of local amendments proposed for re-adoption
3. Ordinance 971
Attachment 1 to Staff Report
California Code of Regulations Title 24 - Changes from the 2019 Codes to the
2022 Codes
Below is a summary of changes to the 2019 Building Code Standards. This is not meant
to be an exhaustive list, but a list that highlights some of the more impactful
modifications.
• California Energy code now requires all single family buildings to incorporate the
following measures supporting building electrification:
1. Water heaters, if gas, must have the space and be pre-wired for electric
heat pump.
2. Dryers, if gas, must be pre-wired for electric.
3. Cook-tops, if gas, must be pre-wired for electric
4. Furnace, if gas, must be pre-wired for electric
5. All residences must be “energy storage ready” (wired for batteries)
• Atriums have been condensed (only 3+ vertically connected stories are now
atriums) and reorganized; most atrium requirements have been relocated to
chapter 7. Atrium walls can now be penetrated by escalators and atrium smoke
enclosures can combine with shafts. (404.1) (1017.3.2.1 to 3)
• Change of occupancy is now a fixed list of qualifying changes, including
occupancy, purpose, activity level, ventilation or sanitation.
• Storage of alcoholic beverages is now clearly S-1 when greater than 16% alcohol
and S-2 when less than 16% alcohol. There are aligned changes in the CFC, and
they no longer penalize wood casks or other combustible containers. 903.2.4.2
adds sprinkler requirements to match CFC.
• Occupied roofs are clarified in 503.1.4. Occupied roof exiting was clarified – the
distance across the roof is exit access. (1006.3) Occupied roofs above the 3rd
story require accessible elevators. (1009.2.1)
• The frontage increase for allowable areas has been simplified from formulas into
tables. (506.3.2).
• Mass timber (type IV-A, B, and C construction) are integrated throughout the
code. 508.4.4.1 tackles incidental separations within mass timber buildings.
602.4.1 to 604.2.3 tackle fire rated construction and shafts in IV-A to C buildings.
Mass timber combines non-combustible [at least 2/3rds of the rating] and
combustible materials to meet the rating. (722.7) Mass timber requires special
inspection. (1705.5.3)
• Energy storage systems (like batteries) have to be isolated/protected by fire
barriers. (707.4, 716)
• Some exceptions were added to allow rated walls to sit on unrated (or lesser
rated) floors, instead of requiring the floor to match the rating it supports. (708.1,
708.4.1)
• Joints and voids are now updated and the requirements differentiated. (715)
• Exit stairs require more illumination (10 foot-candles) at the walking surface.
(1008.2.1) Stairways at podium building requirements have slightly relaxed fire
requirements. (510.2)
• Egress door maximum sizes are uncapped (allowing greater than 4’ wide doors)
(1010.1.1), and door opening forces slightly revised (5# swing, 15# sliding)
(1010.1.3).
• Egress requiring only 1 exit (so OL less than 49) can now exit via an elevator
lobby. (1016.2).
• Emergency escape & rescue openings were reorganized to parallel the
residential code; special conditions of steps or ladders in window wells
addressed. (1031).
• Multi-stall all gender restrooms allowed w/ screening. (1210.3)
• Penthouse area is now counted against the story below, clarified as not counting
as a separate story for story height tables, etc.
• Risk Category III, requiring structural observation and amplified structural forces,
extended to all large occupancy buildings (with OL > 2500). (1604.5)
• Structural observation requirements expand to Risk Category III buildings and
SDC E buildings more than 2 stories tall. (1704.6)
• Water resistant barrier requirements split into Dry & Moist/Marine climates.
(2510.6) Vapor retarder requirements broken into new tables and organization.
(1404.3)
• Emergency elevator communications requirements further defined, for both text
and audible modes. (3001.2)
• Special event structures (circus tents, bounce houses, etc.) are now included and
regulated by the CBC & CFC. (3103.1) Similarly, the code now covers haunted
houses, escape rooms, etc. in 411; they’re A or B occupancies with special
sprinkler, smoke detection, EVACs, special exit markings, and Class A finish
requirements. Also “play structures” 424 extends to add requirements for larger
than 600 s.f. or 10’ high, and clearly includes gym rock climbing walls, etc.
• PV carports are now split by support structure – open grids 3111.3.5.1, PV over
roofs 3111.3.5.2. Open grids have to meet UL 61730-1 and 2 or UL 1703 fire
ratings. Elevated PV must be 7’-6” minimum clear.
• Public restrooms can be built below the flood plain, with strict limits. (3114)
• Shipping containers are now in the code. (3115)
Attachment 2 to Staff Report
Summary of Local Amendments to be Re-Adopted
1. 15.04 – General Provisions
a. Re-adopt provisions which allows refunds on fees paid.
b. Re-adopt provisions which allow for adjustments to fees and covers the collection
process for unpaid fees.
c. Re-adopt existing violation and penalty provisions, as required by state law when
adopting codes by reference.
d. Re-adopt existing provisions related to the Building Appeals Board.
e. Re-adopt provisions related to collection of unpaid fees and fines.
2. 15.08 – Building Code
a. Re-adopt the local amendment that allows 6-foot fences with 2-feet of lattice to be
exempt from building permits.
b. Re-adopt the local amendments that allow the Building Official to require
photographic evidence and managed unpermitted concealed construction.
c. Re-adopt the local amendment which establishes requirements for slab construction,
landing construction and down spout protection in recognition of the expansive soil
conditions in the City.
d. Re-adopt the local amendment which cross-references the Fire Code (Municipal Code
Section 15.28) for address numbering and fire protection standards.
e. Re-adopt the local amendment which requires developers to fund third-party expert
special seismic inspections.
f. Re-adopt the amendment that incorporates requirements for patio covers and grading
within the body of the code.
3. 15.12 – Residential Code:
a. Re-adopt the local amendments that clarify that all regulation of fire sprinklers is
governed by Division 15.28 (Fire Code).
b. Re-adopt the appendices that incorporate standard requirements for patio covers and
pool safety.
c. Re-adopt the local amendments that require Class A Roofing assemblies for all new
construction or re-roofs to reduce the risk of fire spread.
d. Re-adopt the local amendment that requires self-sealing or ember intrusion resistant
vents for attics and crawl spaces to reduce fire risk
4. 15.16 – Electrical Code
a. Re-adopt the local amendment that allows for replacement of Federal Pacific and
Zinsco electrical panels in certain situations with clear direction to staff to use testing
by qualified electricians to minimize conflicts between this requirement and PG&E
standards.
Attachment 2 to Staff Report
5. 15.20 – Plumbing Code:
a. Re-adopt the existing local amendment that specifies materials for water supply piping
on private property in response to local soils condition
b. Re-adopt the existing local amendment that incorporates appendices governing water
supply sizing, explanatory notes on combination waste and vent, storm water system
sizing, and installation standards for PEX piping.
6. 15.26 – Green Building Code:
a. Re-adopt the Green Building Code with Tier 1 standards
7. 15.28 – Fire Code:
a. Re-adopt the nuisance alarm notification requirements.
b. Re-adopt existing requirements for the size and illumination of address signs to reduce
potential confusion and response time.
c. Re-adopt modifications to sprinkler requirements intended to promulgate efficient and
cost effective sprinkler standards. These modifications include requirements to install
a single attic sprinkler and maintain spare sprinkler heads for detached one- and two-
family dwellings and townhouses.
d. Re-adopt the existing vegetation management requirements.
e. Re-adopt modified fire flow, hydrant spacing and fire access roads requirements to
align with engineering standards.
ORDINANCE NO. 971
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
REPEALING AND REPLACING CHAPTERS 15.04 THROUGH 15.28 OF TITLE 15
“BUILDINGS AND CONSTRUCTION” OF THE ROHNERT PARK MUNICIPAL
CODE TO ADOPT BY REFERENCE THE 2022 CALIFORNIA BUILDING
STANDARDS CODE WITH LOCAL AMENDMENTS AS SET FORTH IN CHAPTERS
15.04 (GENERAL PROVISIONS), 15.08 (BUILDING CODE), 15.12 (RESIDENTIAL
CODE), 15.16 (ELECTRICAL CODE), 15.18 (MECHANICAL CODE), 15.20
(PLUMBING CODE), 15.22 (ENERGY CODE), 15.24 (EXISTING BUILDING CODE),
15.26 (GREEN BUILDING STANDARDS CODE), AND 15.28 (FIRE CODE) TO TITLE
15 “BUILDING AND CONSTRUCTION”
WHEREAS, the City is responsible for local enforcement of the California Building
Standards Code, also known as Title 24 of the California Code of Regulations;
WHEREAS, a triennial edition of the California Building Standards Code is published by
the California Building Standards Commission approximately every three years based upon model
codes specified in the California Health and Safety Code;
WHEREAS, local jurisdictions responsible for enforcement of the California Building
Standards Code must enact local administrative regulations in order to implement the California
Building Standards Code;
WHEREAS, on July 1, 2022, the California Building Standards Commission published
the 2022 California Building Standards Code;
WHEREAS, on January 1, 2023, the building standards and regulations contained in the
2022 California Building Standards Code become effective and applicable throughout the State of
California;
WHEREAS, local amendments may be adopted by the City of Rohnert Park to the
California Building Standards Code pursuant to the California Health and Safety Code due to
climatic, geological, or topographical local conditions.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
CALIFORNIA, does hereby ordain as follows:
SECTION 1. Findings.
The City Council finds that:
A. The City is authorized and required to adopt the California Building Standards
Code by reference pursuant to Health and Safety Code section 17922 and 17958,
and has taken all actions required to do so pursuant to Government Code Section
50022.2.
B. In accordance with CEQA Section 15061(b) (3), this is not a project subject to
CEQA in that there is no possibility that the activity in question may have a
significant effect on the environment.
Ordinance No. 971 Page 2 of 24
C. This ordinance is enacted pursuant to Health & Safety Code Sections 17958.5 and
17958.7 and Government Code Section 50022.2 to make local amendments to the
California Building Standards Code.
D. As required Health and Safety Code 17958.7 (a), the amendments to the California
Building Standards Code adopted by this ordinance and as described in Chapters
15.08 through 15.28 are necessary for the protection of the public health, safety and
welfare due to the local climatic, geologic or topographical conditions as described
in findings 1 through 10 below.
1. Modification of California Building Code (CBC) Section 105.2 is necessary
because the City’s topographic development pattern of residential parcels on
relatively small lots necessitates the ability for some property owners to install
screening fences in order to preserve private enjoyment of their property.
2. Modification to CBC Sections 107.2.9 and 110.7 are necessary because of the
City’s topographic development pattern utilizing master home plans. The
ability of the building official to secure photographic evidence and mitigate
concealed construction is necessary to ensure safe and consistent
implementation of approved plans.
3. Modification of CBC Section 420.17 and 1503.6 is necessary because the City
is underlain by highly expansive soils with shrink-swell potential that can
damage building foundations and concrete slabs. Rain gutters, downspouts, rain
leaders, splash blocks and concrete landings all provide a means to keep
rainwater away from foundations and slabs and minimize the potential for the
underlying expansive soils to damage structures.
4. Modification of CBC Section 502 and California Fire Code (CFC) Sections
505.1, 505.1.1, 505.1.2, and 505.1.3 is necessary because the City’s pattern of
thick seasonal fog coupled with its many street cul-de-sacs and multi-family
complexes and the distance between emergency response facilities require
street numbers on buildings to be clearly visible at all hours in order to support
emergency response.
5. Modification of CBC Section 1705.13.10 is necessary because the City is
located near several known, active seismic faults that have a history of and the
potential to cause severe ground movement, ground shaking, ground failure,
land siding, lateral spreading and ground liquefaction. The design features that
allow buildings to resist seismic damage are highly specialized and require
special inspection expertise to ensure the design is implemented properly.
6. Modification of CBC Sections 1808.6.2.1 and 1907.2 is necessary because the
City is underlain by highly expansive soils and a high groundwater table,
subjecting concrete slabs to locally unique foundation conditions. Minimum
standards for engineered subgrade and slab reinforcement allow concrete slabs
to better resist these soil conditions.
7. Modification of California Residential Code (CRC) Section R313.2.2, and CFC
Sections 101.6, 202, 901.7, 902.1, 903.2, 903.2.22-24, 903.3, 903.3.1.1,
Ordinance No. 971 Page 3 of 24
903.3.1.1.1, 903.3.1.2, 903.3.1.3.1, 903.4, 903.4.1, 907.2, 907.2.8.1, 907.6.6,
907.9.1, is necessary because the City is bisected by Highway 101 and the
Sonoma Marin Area Rail Transit (SMART) rail corridor. The railroad and
freeway create barriers, which obstruct traffic patterns and delay response time
for fire equipment. In addition, the City is located near several active seismic
faults that have a history of and the potential to cause severe ground movement,
ground shaking, ground failure, land siding, lateral spreading and ground
liquefaction, which can damage infrastructure and delay response time. This
creates the need for conservatively designed fire alarm and sprinkler systems
which ensure rapid notice to emergency responders and ability to contain and
suppress fires with sprinklers onsite. These conditions also create a need to
ensure that emergency responders are not consistently called to false alarms.
8. Modification of CRC Sections R408.1, R806.1, and R902.1 and CFC Sections
304.1.2, 304.1.2.1, 304.1.2.2, 308.1.9, 507.5.1, 507.5.1.1, Appendix B Section
B105.1, Section B105.2, including Table B105.2, Appendix C Section C103.3,
Appendix D Sections D103.2, D103.3, D103.4, D103.6, D106.1 and D106.2 is
necessary because the City located at near the urban wildland interface and
bordered on all sides by undeveloped community separator lands, which are
crossed by overhead power lines. During the summer and fall months the
combination of dry vegetation and seasonally high winds and temperatures have
historically and are expected to continue to produce conditions where wildfires
can occur. Modifications to the CRC to improve the fire resistance of residential
construction help protect homes against embers from wildfires. Modifications
to the CFC to ensure neighborhood vegetation is cleared helps minimize the
spread of wildfires. Modifications to the CFD to increase the accessibility of
fire fighting infrastructure including on and offsite fire hydrants, increased
water flow and pressure and streets that can accommodate fire fighting
equipment support the city’s ability to fight wildfire.
9. Modification of California Electrical Code (CEC) Section 230.79(E) is
necessary because the City is bisected by Highway 101 and the SMART rail
corridor. The railroad and freeway create barriers, which obstruct traffic
patterns. Upgrading ageing and undersized electrical systems, when
appropriately triggered, minimizes the risk of fire, which is exacerbated by the
local conditions topographic conditions that delay emergency response.
10. Modification of California Plumbing Code (CPC) Sections 301.2.6 and 604.1
is necessary because the soils within the City are considered acidic, creating a
deleterious effect on metal piping placed underground.
While the adoption of the amendments to the California Building Standards Code and the adoption
of Ordinances may not prevent the incidence of fire or potential building hazards, it is noted the
implementation of these various amendments will reduce the severity and potential loss of life and
loss of property.
The following revisions to the Rohnert Park Municipal Code are made based on the findings set
forth above and the record of proceedings for consideration of this Ordinance.
Ordinance No. 971 Page 4 of 24
SECTION 2. Chapter 15.04, “General Provisions and Penalties” of the Rohnert Park Municipal
Code is repealed and replaced to read in entirety as follows:
"Chapter 15.04 - General Provisions
Section 15.04.010 - Local administrative authority defined.
A. Excepting California Building Code Appendix J—Grading, which is
administered by the city engineer, and State Fire Marshal regulated
sections of California Building Code and California Residential Code,
which is administered by the fire code official, whenever the term "local
administrative authority" or "authority having jurisdiction" is used in the
codes adopted by Chapters 15.04 through 15.34, excepting Chapters
15.28, in reference to a local official charged with the responsibility of
carrying out the regulations adopted by said code, such local official
shall be the building official. Said building official shall have all
authority given to such official by said code.
B. "Fire Code Official" is used in this Chapter, it shall mean the fire
marshal or his/her designee.
Section 15.04.020 - References to prior code.
Unless superseded and expressly repealed, references in the City’s forms,
documents and regulations to the Chapters and Sections of the past adopted
regulations of the Rohnert Park Municipal Code, Title 15 - Building and
Construction and any prior versions of the California Building Standards Code shall
be construed to apply to the corresponding provisions contain within the currently
adopted Rohnert Park Municipal Code, Title 15 - Building and Construction and
the 2022 California Building Standards Code.
Section 15.04.030 – Application for permit; fees
A. All applications for permits required by Chapters 15.04 through 15.34.
with the exception of Chapter 15. 28 shall be made to the building
official in any form and detail, including any required plans,
established by the building official.
B. All applications for permits required Chapter 28 shall be made to the
fire this Chapter shall be made to the fire marshal in the form and detail,
including any required plans, required by the fire marshal.
C. The City Council may establish fees, by resolution, for permit
applications.
Section 15.04.030 – Fee refunds.
A. Applications for refunds must be made in writing to the building
official within one hundred eighty (180) days of the date the fee is
paid. All applicants made after one hundred eighty (180) days will be
rejected.
Ordinance No. 971 Page 5 of 24
B. One hundred per cent (100%) of a fee erroneously paid or collected
may be refunded.
C. Ninety percent (90%) of the plan review fee may be refunded when
an application for a permit for which a plan review fee has been paid
is withdrawn or cancelled or expires or becomes void before any plan
review effort has been expended. No portion of the plan review fee
shall be refunded when any plan review effort has been performed.
D. Ninety percent (90%) of the building, plumbing, electrical, and/or
mechanical permit fee may be refunded when a permit for which
some or all of these permit fees have been paid is withdrawn or
cancelled or expires or becomes void before any work was done and
before any inspections are performed. No portion of these fees shall
be refunded when any work was done and/or any inspections have
been performed.
E. The building official may authorize the refund of all or part of a fee
in order to correct an error by the department. The details of such a
refund shall be retained in project file.
Section 15.04.040 - Adjustments to Permit Fees Paid
A. Application for a fee adjustment must be made in writing to the
building official within thirty (30) days of the date the fee is paid.
B. The building official may authorize the adjustment of all or part of a
fee in order to correct an error by the city. The details of such an
adjustment shall be retained in project file.
Section 15.04.050 -Violations and Penalties
A. Any and all portions of work shall be complete and free of correction
notices and or violations prior to the expiration of the permit or certificate
authorizing said work or occupancy.
B. The building official is authorized to serve a notice of violation or order on
the person responsible for the erection, construction, alteration, extension,
repair, moving, removal, demolition or occupancy of a building or structure
in violation of the provisions of this code, or in violation of a permit or
certificate issued under the provisions of this code. Such order shall direct
the discontinuance of the illegal action or condition and the abatement of
the violation.
C. Any person who violates a provision of this code or fails to comply with
any of the requirements thereof or who erects, constructs, alters or repairs a
building or structure in violation of the approved construction documents or
directive of the building official, or of a permit or certificate issued under
the provisions of this code, shall be subject to penalties as prescribed by
law.
Ordinance No. 971 Page 6 of 24
D. In addition to any other penalties that may be provided at law, any person,
firm, corporation, or other entity violating any of the provisions of Chapters
15.08 through 15.34, or any of the provisions of the codes, as amended,
adopted by reference in Chapters 15.08 through 15.34, is guilty of a
misdemeanor and shall be subject to a fine not to exceed one thousand
dollars or by imprisonment not to exceed six months, or both, unless
deemed an infraction by the citing officer or prosecuting authority in the
exercise of enforcement discretion. Penalties for offenses deemed an
infraction shall be the maximum amounts authorized under Government
Code section 36900. In the discretion of the citing officer or prosecuting
authority, penalties other than as set forth above may be applied to an
offender for violations of Chapters 15.08 through 15.34 where a more
specific penalty provision authorizes the imposition of such other penalties.
E. Every violation shall be deemed a separate offense for each day or portion
thereof during which such violation continues.
F. In addition to applicable penalties, any and all portions of work
completed without required permits shall be subject to fees for any
additional plan review required and plus additional inspection fees.
Section 15.04.020 – Means of appeal
A. In order to hear and decide appeals of orders, decisions or determination
made by the building official and the fire marshal, relative to the application
and interpretation of this code, there shall be and is hereby created a board
of appeals. The board of appeals shall be appointed by the City Council and
shall hold office at its pleasure. The City Council may establish fees to
recover the costs associated with these appeals by separate resolution.
B. The board shall adopt rules of procedure for conducting its business and
shall render all decisions and findings in writing to the appellant with a
duplicate copy to the building official.
Section 15.04.060 - Collection of Unpaid Fees and Fines
Any unpaid fees and fines shall be subject to the same collection measures outlined in
Chapter 1.27 of the Rohnert Park Municipal Code.
SECTION 3. Chapter 15.08, “Building Code” of the Rohnert Park Municipal Code is repealed
and replaced the follows:
"Chapter 15.08 - Building Code
15.08.010 - Adopted - 2022 California Building Standards Code, Title 24, Part 2
“California Building Code”.
The 2022 Edition of the California Building Standards Code, known as the
California Code of Regulations, Title 24, Part 2, incorporating the International
Building Code, 2021 Edition, published by the International Code Council, one
copy of which has been filed for use and examination by the public in the office of
Ordinance No. 971 Page 7 of 24
the building official, is adopted by reference, subject to the following additions and
amendments to certain sections thereof which shall read and provide as set forth in
this Chapter.
Section 105.2 is amended, for the second exemption on the list of exemptions for
Buildings to read, in relevant, part as follows:
Section 105.2 - Work exempt from permits.
Buildings:
(2) Fences not over 7 feet (2134 mm) high or fences totaling 8 feet in height
consisting of solid 6 foot section with 2 foot of lattice on top.
Section 107.2.9 is added to read:
Section 107.2.9 - Additional Documentation.
The Building Official may require photographic evidence, a physical
inspection or similar documentation of existing conditions at time of
building permit application for residential alterations and repairs.
Section 110.7 is added to read:
Section 110.7 - Concealed construction.
Any and all portions of work covered or concealed without authorization by
the building official shall be uncovered or unconcealed to allow for
inspections set forth in Sections 110.3.1 - 110.3.12. The Building Official
shall prepare and promulgate guidelines to assist with implementation of
this section.
Section 420.17 is added to read:
Section 420.17 - Splash Protection.
All buildings of Group R Occupancy shall include a concrete landing at the
exterior of garage side doors. The landing area shall be a minimum of nine
sq. ft. (3’x3’).
Section 502 is amended to read:
Section 502 - Address Numbers.
Address numbers shall meet the requirements specified in Fire Code section
505.1.1- 505.1.3, as amended under Rohnert Park Municipal Code section
15.28.020.
Section 1503.6 is added to read:
Section 1503.6 - Splash Protection.
Group R and U structures shall include rain gutters, downspouts, rain
leaders and splash blocks.
Section 1705.13.10 is added to read:
Ordinance No. 971 Page 8 of 24
Section 1705.13.10 - Special seismic inspector.
Third-Party Inspection. All new structures consisting of Group R
Occupancies or Group A, B, E, F, H, I, l, or M Occupancies with an
occupant load of fifty or greater, shall employ a third-party inspector for the
purpose of inspecting the components of the lateral load system. Third-party
inspectors, similar to special inspectors as required elsewhere in Chapter
17, shall be approved by the building official. All costs associated with the
special seismic inspection process shall be borne by the developer.
Section 1808.6.2.1 is added to read:
Section 1808.6.2.1 - Slab-on-grade foundations.
Unless conforming to Section 1808 in its entirety and other than pre- or
post-tensioned slabs and engineered pier and grade beam foundations
systems, buildings utilizing slab on grade construction shall be constructed
on a building pad consisting of a minimum of thirty inches of engineered
non-expansive fill material meeting the requirements of Table 1 below. The
building pad area to receive the engineered non-expansive fill shall include
an area at least five feet beyond the outside edge of the building foundation.
The building pad area shall be over excavated to the proper depth and the
grade scarified to a minimum depth of eight inches and shall be moisture
conditioned and re-compacted to a minimum of ninety percent over
optimum. The engineered non-expansive fill shall be placed in lifts not
exceeding eight inches, brought to near optimum moisture content and
compacted to a minimum of ninety percent of maximum dry density at or
within two percent of the optimum moisture content. The depth of the
engineered non-expansive fill shall be increased as necessary to maintain a
minimum of twelve inches of the engineered non-expansive fill material
under all footings, unless determined otherwise by the soils
report/geotechnical engineer and approved by the building official. Lime
treatment is an acceptable alternative to engineered non-expansive fill,
providing that it is described within the project geotechnical report as an
allowable alternative.
Table 1. Non-expansive Fill Requirements
Plasticity Index less than 13
Liquid Limit less than 50
Percent Soil Passing #200 Sieve between 5% & 45%
Maximum Aggregate Size 3 inches
Maximum Dry Density as determined by ASTM-D1557 test procedures
Ordinance No. 971 Page 9 of 24
Section 1907.2 is added to read:
Section 1907.2 - Nonstructural concrete minimum reinforcement.
All nonstructural concrete slabs within the building the building envelope
are subject to the following.
1. All slabs shall have a minimum reinforcement of #3 rebar placed
eighteen inches on center, each way. Reinforcement shall be placed on
suitably sized supports, concrete cubes, or similar material approved by
the building official, so as to suspend the reinforcement to mid plane in
the slab. All exterior concrete slabs shall have weakened plane joints at
a maximum of ten feet intervals each way.
2. All slabs shall have a minimum sand or approved rock base cushion of
not less than four inches in thickness placed immediately below the
slab.”
Exception: Sidewalks and surfaces required under Section 1503.6 - Splash
Protection.”
Section 15.08.020 - Fire protection systems.
Fire protection systems must comply with the requirements specified in Chapter
15.28 of this title. To the extent there is any conflict between the provisions of
Chapter 15.28 of this title and the provisions of Chapter 9 of the 2022 California
Building Standards Code, the provisions of Chapter 15.28 of this title shall govern.
Section 15.08.030 - Appendix Chapters Added.
Appendix Chapters I (Patio Covers) and J (Grading) shall apply to all structures
and shall be considered as part of the body of the code as adopted in Section
15.08.010 and shall apply to all structures.”
SECTION 4. Chapter 15.12, “Residential Code” of the Rohnert Park Municipal Code is repealed
and replaced the follows:
"Chapter 15.12 - Residential Code
Section 15.12.010 - Adopted - 2022 California Building Standards Code, Title 24, Part 2.5
“California Residential Code.”
The 2022 Edition of the California Building Standards Code, known as the
California Code of Regulations, Title 24, Part 2.5, incorporating the International
Residential Code, 2021 Edition, published by the International Code Council, one
copy of which has been filed for use and examination by the public in the office of
the building official, is adopted by reference, subject to the following additions and
amendments to certain sections thereof which shall read and provide as set forth in
this Chapter.
Section R313.2.2 is added to read as follows:
Section R313.2.2 - Additions and alterations.
Ordinance No. 971 Page 10 of 24
Sprinkler systems shall be installed as required when the standards set forth
in California Fire Code, Section 903.3.22 and Chapter 15.28 of this title are
exceeded.
Section R408.1 is amended to add the following after the first paragraph, in relevant
part:
Section R408.1 – Moisture control.
All underfloor ventilation shall be self-sealing or ember intrusion resistant.
Section R806.1 is amended to add the following after the first paragraph, in relevant
part:
Section R806.1 – Ventilation required.
All roof vents shall be self-sealing or ember intrusion resistant.
Section R902.1 is amended to read as follows:
Section R902.1 – Roof covering Materials.
Roofs shall be covered with materials as set forth in Sections R904 and
R905. A minimum Class A roofing assembly shall installed and tested in
accordance with UL 790 or ASTM E 108.
Section 15.12.020 - Appendix Chapters Added.
Appendix Chapters AH (Patio Covers) and AX - Swimming Pool Safety Act shall
be considered adopted as part of the body of the code as adopted in Section
15.12.010."
SECTION 5. Chapter 15.16, “Electrical Code” of the Rohnert Park Municipal Code is repealed
and replaced with the following:
“Chapter 15.16 - Electrical Code
Section 15.16.010 – Adopted - 2022 California Building Standards Code, Title 24, Part 3
“California Electrical Code”.
The 2022 Edition of the California Building Standards Code, known as the
California Code of Regulations, Title 24, Part 3, incorporating the “National
Electrical Code,” 2020 Edition, published by the National Fire Protection
Association, one copy of which has been filed for use and examination by the public
in the office of the building official, is adopted by reference, subject to the
following additions and amendments to certain sections thereof which shall read
and provide as set forth in this chapter.
Section 230.79 is amended to add a new paragraph (E), to read as follows:
Sections 230.79 Rating of Service Disconnecting Means.
(E) Modifications to Service Disconnecting Means in Existing One- or Two-
Family Dwelling or Townhomes.
Ordinance No. 971 Page 11 of 24
For existing one or two family dwellings and townhomes, the service
disconnecting means may require upgrades when any of the following
requirements are exceeded:
1. When any other permit is applied for and the existing main service
enclosure was manufactured by Federal Pacific or Zinsco, including
such panels that have been rebranded.
2. When any other permit is applied for and the enclosure contains
disconnecting mean on the load side of the service disconnect
manufactured by Federal Pacific or Zinsco, including such panels that
have been rebranded.
3. When Five (5) or more circuits are modified.
4. When any secondary power source is added.
5. When an addition increases the existing gross floor area by 50% or
more.
6. When a remodel, alteration or repair to an existing building includes
demolition, removal or repair of more than 50% of the structure
(including walls, columns, beams or girders, floor or ceiling joists and
coverings, roof rafters, roof diaphragms, foundations or similar
components). For the purpose of applying this section, the following
criteria shall be considered in the 50% threshold evaluation:
a. The removal or demolition of more than 50% of the exterior or
interior load bearing walls.
b. Removal of the roof structure or ceiling thereby permitting
installation of new circuits.
Note: The rating requirements of the bus bar and enclosure for the service
disconnecting means do not require the main service entrance conductors to
be upgraded as long as the main service disconnect is rated to match the
rating and sizing of the existing main service entrance conductors.
Section 15.16.020 – Annex H added.
Annex H - Administration and Enforcement, except articles 80.15 and 80.27,
of the Appendix to the California Electrical Code is adopted.
SECTION 6. Chapter 15.18, “Mechanical Code” of the Rohnert Park Municipal Code is repealed
and replaced the follows:
“Chapter 15.18 - Mechanical Code
Section 15.18.010 - Adopted - 2022 California Building Standards Code, Title 24, Part 4
“California Mechanical Code”.
The 2022 Edition of the California Building Standards Code, known as the
California Code of Regulations, Title 24, Part 4, incorporating the “Uniform
Mechanical Code,” 2021 Edition, published by the International Association of
Plumbing and Mechanical Officials, one copy of which has been filed for use and
examination by the public in the office of the building official, is adopted by
reference.”
Ordinance No. 971 Page 12 of 24
SECTION 7. Chapter 15.20, “Plumbing Code” of the Rohnert Park Municipal Code is repealed
and replaced with the following:
“Chapter 15.20 - Plumbing Code
Section 15.20.010 - Adopted - California Building Standards Code, Title 24, Part 5
“California Plumbing Code”.
The 2022 Edition of the California Building Standards Code, known as the
California Code of Regulations, Title 24, Part 5, incorporating the “Uniform
Plumbing Code,” 2021 Edition, published by the International Association of
Plumbing and Mechanical Officials, one copy of which has been filed for use and
examination by the public in the office of the building official, is adopted by
reference, subject to the following additions and amendments to certain sections
thereof which shall read and provide as set forth in this chapter.
Section 301.2.6 is added to read:
Section 301.2.6 - Water supply materials
All underground service supply lines shall be of non-metallic material
consisting of either polyethylene, minimum class 160, Poly Vinyl Chloride
(PVC), minimum schedule 40, PEX or PEX-AL-PEX. Metallic materials
may be used when suitable protection, approved by the building official, is
provided.
Section 604.1 is amended to add the following as the first paragraph:
Section 604.1 - Pipe, Tube, and Fittings.
All underground service supply lines shall be of non-metallic material consisting
of either polyethylene, minimum class 160, Poly Vinyl Chloride (PVC), minimum
schedule 40, PEX or PEX-AL-PEX. Metallic materials may be used when suitable
protection, approved by the building official, is provided.
Section 15.20.020 – Appendixes Added.
Appendices A (Recommended Rules for Sizing the Water Supply System), B
(Explanatory Notes on Combination Waste & Vent Systems), D (Sizing Storm
Drainage Systems) and I (Installation Standards) shall apply to all structures and
shall be considered adopted as part of the body of the code as adopted in Section
15.20.010.”
SECTION 8. Chapter 15.22, “Energy Code” of the Rohnert Park Municipal Code is repealed and
replaced with the following:
“Chapter 15.22 - Energy Code
Section 15.22.010 - Adopted - California Building Standards Code, Title 24, Part 6
“California Energy Code”.
The 2022 Edition of the California Building Standards Code, known as the
California Code of Regulations, Title 24, Part 6, published by the California
Building Standards Commission, one copy of which has been filed for use and
Ordinance No. 971 Page 13 of 24
examination by the public in the office of the building official, is adopted by
reference.”
SECTION 9. Chapter 15.24, “ Existing Building Code.” of the Rohnert Park Municipal Code is
repealed and replaced the follows:
“Chapter 15.24 - Existing Building Code
15.24.010 - Adopted - California Building Standards Code, Title 24, Part 10, “California
Existing Building Code”.
The 2022 Edition of the California Building Standards Code, known as the
California Code of Regulations, Title 24, Part 10, published by the California
Building Standards Commission, one copy of which has been filed for use and
examination by the public in the office of the building official, is adopted by
reference.
Section 15.24.020 - Appendix Chapters Added.
Appendix Chapters A3 (Prescriptive Provisions for Seismic Strengthening of
Cripple Walls and Sill Plate Anchorage of Light, Wood-Frame Residential
Buildings and Appendix Chapter), A4 (Earthquake Risk Reduction in Wood-Frame
Residential Buildings with Soft, Weak or Open Front Walls) shall be considered as
part of the body of the code as adopted in Section 15.24.010."
SECTION 10. Chapter 15.26, “Green Building Code” of the Rohnert Park Municipal Code is
repealed and replaced with the following:
“Chapter 15.26 - Green Building Standards Code
Section 15.26.010 - Adopted – California Building Standards Code, Title 24, Part 11,
“Green Building Standards Code” or “CALGreen”.
The 2022 Edition of the California Building Standards Code, known as the
California Code of Regulations, Title 24, Part 11, published by the California
Building Standards Commission, including Appendix Chapter A4, Residential
Voluntary Measures at Tier I level for New Residential Construction except
Division A4.2 Energy Efficiency and Appendix Chapter A5, Nonresidential
Voluntary Measures at Tier I level for New Non-Residential Construction except
Division A5.2 Energy Efficiency, one copy of which has been filed for use and
examination by the public in the office of the building official, is adopted by
reference.”
SECTION 11. Chapter 15.28 "Fire Code" of the Rohnert Park Municipal Code is repealed and
replaced with the following:
“Chapter 15.28 – Fire Code”
Section 15.28.010 – Adopted – 2022 California Fire Code.
The 2022 Edition of the California Building Standards Code, known as California
Code of Regulations, Title 24, Part 11, published by the California Building
Standards Commission, including all indices and appendices B, C, D, E, F, G, I, J.
Ordinance No. 971 Page 14 of 24
K, L, and O, one copy of which has been filed for use and examination by the public
in the office of the building official, are hereby adopted by reference with all
California and local amendments, additions or deletions as including within this
chapter. This chapter shall be known as the 2022 California Fire Code and may be
cited and referred to as such.
Section 15.28.020 – 2022 California Fire Code - Amended.
The 2022 California Fire Code adopted by reference in this Chapter 15.28 is
amended by the additions, deletions, and amendments contained in this section.
Section 101.6 is added to read:
Section 101.6 - Other Applicable Standards.
Where no applicable standards or requirements are set out in this Chapter,
or contained within other laws, codes, regulations, ordinances or rules
adopted by the City or its officials, compliance with applicable standards of
the National Fire Protection Association or other nationally recognized fire
safety standards or other recognized good engineering practices, as
approved by the Fire Code Official shall constitute compliance with this
Chapter. Nothing herein shall derogate from the power of the Fire Code
Official to determine compliance with codes or standards for those activities
or installations within the Fire Code Official’s jurisdiction or responsibility.
The Rohnert Park Department of Public Safety publishes Information
Bulletins which summarize and/or clarify interpretations of the above
provisions. They are to be considered a portion of this Code, by reference,
and used as a guideline.
Section 202 –is amended to add the following definitions of Alarm and Emergency,
and amend the definition of False Alarm to read as follows
Section 202 General Definitions
ALARM.
A signal from a residence or business location in the City of Rohnert Park
which ends at the City Department of Public Safety offices, or at a central
alarm company's office which in turn relays it to the Department of Public
Safety offices and which causes City personnel to respond, or through any
other means that result in Department of Public Safety personnel responding
to the signal.
EMERGENCY.
An incident which requires a response by Department of Public Safety
personnel. A response due to a failure, malfunction or other error, whether
human or mechanical, which results in the transmission of an alarm to the
Department of Public Safety is not an emergency. In the event that a
question arises as to whether a response by City personnel was a response
to an emergency as defined herein, the fire code official shall determine
Ordinance No. 971 Page 15 of 24
whether an incident constituted an emergency and his or her decision is
final.
FALSE ALARM.
The willful and knowing initiation or transmission of a signal, message or other
notification of an event of fire when no such danger exists, or an alarm to which
City personnel or equipment have responded because of a report that an emergency
existed and which did not require a response because the incident for which the
alarm was given did not occur.
Section 304.1.2 is amended to read:
Section 304.1.2 - Vegetation
Weeds, grass, vines or other growth that is capable of being ignited and
endangering property, shall be cut down and removed by the owner or
occupant of the premises. Vegetation clearance requirements are defined by
Information Bulletin 060.
Section 304.1.2.1 is added to read:
Section 304.1.2.1 - Hazardous vegetation and fuel management.
Every person who owns or controls a lot or parcel of property within the
City limits shall maintain them free from lumber and rubbish, weeds,
grasses or vegetative growth which contributes to the spread of wildfire.
The Department of Public Safety shall perform an annual fuel management
inspection program wherein every vacant parcel is evaluated for debris
accumulation and vegetative growth before July 1. The property owner is
notified of the results via a written notice. The property owner shall abate
the hazard to comply with the department’s current standard. Should the
property owner or manager fail to respond in a timely manner, the Fire
Marshal is expressly authorized to have the property abated and pass the
costs on to the property owner. The responsible party shall maintain the
property in a safe condition thereafter. A second round of inspections shall
occur by September 1 of each year with noticing and abatements to follow
as necessary. The department is not limited to these two inspection intervals.
Follow-up inspections shall be at the cost of the property owner at the rate
prescribed by the current Fire Services Fee Schedule.
Section 304.1.2.2 is added to read:
Section 304.1.2.2 - Defensible space. Neighboring property.
Persons owning, leasing, or controlling property within areas requiring
defensible space are responsible for maintaining a defensible space on the
property owned, leased or controlled by said person, within a distance of
not less than 30 feet from any neighboring building or structure. Distances
may be modified by the fire code official because of a site-specific analysis
based on local conditions.
Ordinance No. 971 Page 16 of 24
Section 308.1.9 is added to read:
Section 308.1.9 - Open Flames.
The use of a fire pit or outdoor open flame burning is prohibited when “Red
Flag Days” or “Spare the Air Days” are declared due to climactic
conditions.
Exception: cooking appliances such as a barbecue or outdoor griddle.
Section 505.1 is amended to read:
Section 505.1 - Address numbers.
New and existing buildings shall have approved illuminated address
numbers, building numbers or approved building identification placed in a
position that is plainly legible and visible from the street or road fronting
the property. Where access is by means of a private road and the building
cannot be viewed from the public way, a monument, pole, or other approved
sign or means shall be used to identify the structure. The numbers shall
contrast with their background. Address numbers shall be Arabic numerals
or alphabet letters. Size and location of the Address Numbers shall be
approved by the fire code official.
Section 505.1.1 is added to read:
Section 505.1.1 - One- and two-family dwellings.
Address numbers for one and two family dwellings shall be a minimum of
4 inches in height with a minimum stroke width of one half (0.5) inches.
Section 505.1.2 is added to read:
Section 505.1.2 - Numbers for other than one- and two-family dwellings.
Each address identification character shall be not less than twelve (12)
inches high with a minimum stroke of one inch. Suite and unit numbers
shall not be less than six (6) inches high with a minimum stroke of three-
quarters (0.75) inch or as approved by the fire code official.
Section 505.1.3 is added to read:
Section 505.1.3 - Added - Complex directory.
Where two or more buildings cannot be viewed from the public way or
when determined by the fire code official, an illuminated complex directory,
monument, pole or other approved sign or means shall be used to identify
the structures at the main entrances to the property.
Section 507.5.1 is amended to read:
Section 507.5.1 -Fire hydrant and fire main required locations.
Where a portion of the facility or building hereafter constructed or moved
into or within the jurisdiction is more than 150 feet from a hydrant on a fire
Ordinance No. 971 Page 17 of 24
apparatus access road, as measured by an approved route around the exterior
of the facility or building, on-site fire hydrants and fire mains shall be
provided where required by the fire code official.
Exception: For Group R-3 and Group U occupancies, equipped
throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, the distance
requirement shall not be more than 600 feet.
Section 507.5.1.1 is amended to read:
Section 507.5.1.1 - Hydrant for Standpipe Systems
Buildings equipped with a fire department connection shall have a fire
hydrant within 50 feet of the fire department connection.
Exception: The distance shall be permitted to exceed 50-feet where
approved by the fire code official.
Section 901.7 is amended to add the following language after the second paragraph:
Section 901.7 Systems out of service
When a system is deemed out of service, the operator shall immediately
provide current insurance documents and insurer’s contact information to
the fire code official. The operator or impairment coordinator shall also be
responsible for contacting the insurer to inform them of changes in
operation of the fire protection system.
Section 902.1 is amended to include the following additional terms, as defined in
Section 202, in alphabetical order:
ALARM.
EMERGENCY.
FALSE ALARM.
Section 903.2 is amended to read:
Section 903.2 Automatic sprinkler system.
An automatic sprinkler system shall be installed and maintained in all newly
constructed buildings in accordance with Section 903.2.1 through 903.2.24.
Exceptions:
1. Detached Group U occupancies 1000 sq. ft. or less, as approved
by the fire code official.
2. Detached pool houses up to 1000 sq. ft. in floor area within 50
feet of the pool and limited to a single bathroom.
3. Detached non-combustible motor vehicle fuel dispensing
canopies classified as a Group M occupancy.
4. Detached Car Ports of non-combustible construction with no
Ordinance No. 971 Page 18 of 24
habitable space above.
5. Detached Group B or M occupancies 500 sq. ft. or less.
6. Accessory Dwelling Units where specifically exempted by
OSFM Information Bulletin.
Section 903.2.22 is added to read:
Section 903.2.22 - Changes of occupancy.
When the fire code official determines, based on life and fire risk, that a
proposed use or occupancy classification is more hazardous than an existing
use or occupancy classification, including the conversion of residential
buildings to condominiums, then no change of use or occupancy shall be
made unless such structure is made to comply with the requirements for a
newly constructed building.
Section 903.2.23 is added to read:
Section 903.2.23 - Additions, remodels, alterations or repairs.
An automatic fire sprinkler system shall be provided as follows:
1. An automatic fire sprinkler system shall be provided in an existing one-
or two-family dwelling when additions increase the area by 50% or
more calculated by existing gross floor area.
2. An automatic fire sprinkler system shall be provided in an existing non-
residential building when additions increase the area by 25% or more
calculated by existing gross floor area.
3. Additions to existing Group R, Division 1 occupancies that result in
additional guest rooms or dwelling units, the building shall meet the
requirements for a newly constructed building.
4. For remodels, alterations or repairs to an existing building involving
demolition, removal or repair of more than 50% of the structure (to
include walls, columns, beams or girders, floor or ceiling joists and
coverings, roof rafters, roof diaphragms, foundations or similar
components), the building shall meet the requirements for a newly
constructed building. For the purpose of applying this section, the
following criteria shall be considered in the 50% threshold evaluation:
a. The removal or demolition of more than 50% of the exterior or
interior weight bearing walls.
b. Removal of the roof structure or ceiling thereby permitting
installation of overhead piping.
c. Exception: R-3 occupancies.
d. Removal of interior tenant improvements reducing the building
to a “shell” condition shall require the future build-out to
Ordinance No. 971 Page 19 of 24
comply with fire sprinkler requirements.
e. Exception: Alterations or additions made solely for the purpose
of complying with the Americans with Disabilities Act.
1. The percentage of work shall be determined and added to any
successive remodels that may occur within a subsequent three (3) year
period. If the combined percentage totals 50% or more, this work shall
constitute a substantial improvement and the building shall be subject
to the fire sprinkler requirement.
2. Any combination of items above where the improvements equal or
exceed fifty percent (50%) of the structure, the entire building shall
meet the requirements for a newly constructed building.
Note: The percentage of work shall be determined and added to any
successive remodels that may occur within a subsequent three (3) year
period. If the combined percentage totals 50% or more, this work shall
constitute a substantial improvement and the building shall be subject to the
fire sprinkler requirement.
Section 903.2.24 is added to read:
Section 903.2.24 - Design criteria.
Fire sprinkler systems installed in buildings of undetermined use shall be
designed and installed to have a design density of 0.33 gallons per minute
per square foot over a minimum design area of 3,000 square feet. Where a
subsequent occupancy change requires a system with greater capacity, it
shall be the building owners’ responsibility to upgrade the system to the
required density and meet any additional requirements of Chapter 15.28 of
this Title at the time of such change.
Section 903.3 is amended to read:
Section 903.3 - Installation Requirements.
Sprinkler systems shall be installed in accordance with NFPA 13 and NFPA
13D when approved by the fire code official, and as adopted by City
standards and in accordance with Sections 903.3.1 through 903.3.9.
Section 903.3.1.1 is amended to add, after the first line, the following
Section 903.3.1.1 - Installation requirements.
Where the provisions of this code require that a building or portion thereof
be equipped throughout with an automatic sprinkler system in accordance
with this section, sprinklers shall be installed throughout in accordance with
NFPA 13 as amended in Chapter 80.
Section 903.3.1.1.1 - Exempt locations, is deleted in its entirety.
Section 903.3.1.2 - NFPA 13R sprinkler systems, is deleted in its entirety.
Ordinance No. 971 Page 20 of 24
Section 903.3.1.3.1 is added to read:
Section 903.3.1.3.1 Location of Sprinklers and Spare Heads.
Sprinklers shall be required in enclosed attached garages and a minimum of
a single head in attics, within five feet of the attic access hatch.
A supply of at least three sprinklers shall be maintained on the premises so
that any sprinklers that have operated or been damaged in any way can be
promptly replaced.
Section 903.4 is amended to read as follows:
Section 903.4 - Sprinkler system supervision and alarms.
Valves controlling the water supply for automatic sprinkler systems,
pumps, tanks, water levels and temperatures, critical air pressures and
waterflow switches on all sprinkler systems shall be electrically
supervised by a listed fire alarm control unit.
Exceptions:
1. Automatic sprinkler systems protecting one- and two- family
dwellings.
2. Automatic sprinkler systems installed in accordance with NFPA
13D where a common supply main is used to supply both domestic
water and the automatic sprinkler system and a separate shutoff
valve for the automatic sprinkler system is not provided.
3. Jockey pump control valves that are sealed or locked in the open
position.
4. Control valves to commercial kitchen hoods, paint spray booths or
dip tanks that are sealed or locked in the open position.
5. Valves controlling the fuel supply to fire pump engines that are
sealed or locked in the open position.
6. Trim valves to pressure switches in dry, preaction and deluge
sprinkler systems that are sealed or locked in the open position.
7. Underground key or hub gate valves in roadway boxes.
8. Valves used for standpipes unless required by the fire code official.
Section 903.4.1 is amended to read as follows:
Section 903.4.1 - Monitoring.
Alarm, supervisory, and trouble signals shall be distinctly different and shall
be automatically transmitted to an approved central station, remote
supervising station or proprietary supervising station as defined in NFPA
72, or when approved by the fire code official, shall sound an audible alarm
at a constantly attended location.
Exception: Backflow prevention device test valves located in limited area
sprinkler system supply piping shall be locked in the open position. In
occupancies required to be equipped with a fire alarm system, the backflow
Ordinance No. 971 Page 21 of 24
preventer valves shall be electrically supervised by a tamper switch installed
in accordance with NFPA 72 and separately annunciated.
Section 907.2 -– Where required – new buildings and structures
An approved fire alarm system installed in accordance with NFPA 72 and
the provisions below shall be provided in new buildings and structures:
A. All newly constructed commercial buildings shall be provided with
a complete manual and automatic fire alarm system approved by the Fire
Code Official which when activated will sound an alarm, which is audible
throughout the building and will notify all occupants.
B. In any commercial occupancy where a use creates a change of
occupancy classification as listed in the California Building Code, the entire
structure shall be provided with a fire alarm system approved by the Fire
Code Official.
C. An exterior horn / strobe alarm device is required to be installed in
all buildings with fire sprinkler systems. The horn / strobe alarm shall be
located on the street frontage side, or as approved by the Fire Code Official.
D. All newly installed, monitored fire alarm systems shall meet the
requirements of NFPA 72, Section 26.3. This is not intended to be
retroactive in existing buildings until the system is modified or the Fire
Alarm Control Panel is replaced in existing systems. Exception: R-3
occupancies.
Exceptions:
1. The manual fire alarm box is not required for fire alarm control units
systems dedicated to elevator recall control, supervisory service and fire
sprinkler monitoring
2. The manual fire alarm box is not required for Group R-2 occupancies
unless required by the fire code official to provide a means for watch
personnel to initiate an alarm during a sprinkler system impairment event.
Where provided, the manual fire alarm box shall not be located in an area
that is open to the public.
3. The manual fire alarm box is not required to be installed when approved
by the fire code official.
Section 907.2.8.1 is amended so that Exception 2.2 reads in relevant part as follows:
Section 907.2.8.1 Manual fire alarm system.
Exception:
2.2. Notification devices installed in the common areas serving the
residential units shall operate upon sprinkler water flow or manual pull
station activation.
Section 907.6.6 is amended to read as follows:
Ordinance No. 971 Page 22 of 24
Section 907.6.6 - Monitoring
Fire alarm systems required by this chapter or by the California Building
Code shall be monitored by an approved supervising station in accordance
with NFPA 72, this section and any approved Central Station shall meet the
requirements of NFPA 72, Section 26.3 or Fire Department Informational
Bulletin #017.
Exception: An existing system not being modified. This is not intended to
be retroactive until the system is modified or the Fire Alarm Control Panel
is replaced.
Section 907.9.1 is added to read:
Section 907.9.1 – Repeated False Fire Alarm.
Should a single property have 6 or more false alarms in a calendar year,
such property shall be required to modify the alarm system to comply with
NFPA 72 Section 26.3 – Central Station Service Alarm System.
Exception: R-3 occupancies.
Section B105.1 - One- and two- family dwellings, Group R-3 and R-4 buildings
and townhouses.
The minimum fire flow duration requirements for one and two family
dwellings shall be 1000 gallons per minute.
Table B105.1(1) – Required fire flow for one- and two- family dwellings, of
Appendix B, is deleted in its entirety.
Section B105.2 of Appendix B is amended to read:
Section B105.2 - Buildings other than one- and two-family dwellings, Group
R-3 and R-4 Buildings and Townhouses.
The minimum fire flow and flow duration for buildings other than one and
two family dwellings shall be as specified in Table B105.2 and Table
B105.1(2).
Table B105.2
AUTOMATIC SPRINKLER
SYSTEM
(Design Standard)
MINIMUM FIRE-FLOW
(Gallons Per Minute)
FLOW DURATION
(Hours)
No automatic sprinkler system Value in Table B105.1(2) Duration in Table
B105.1(2)
Ordinance No. 971 Page 23 of 24
Section 903.3.1.1 of the
California Fire Code
25% of the value in Table
B105.1(2)a
Duration in Table
B105.1(2) at the reduced
flow rate
Section 903.1.2 of the
California Fire Code
25% of the value in Table
B105.1(2)b
Duration in Table
B105.1(2) at the reduced
flow rate
For S/I: 1 gallon per minute = 3.785 L/m.
a. The reduced fire-flow shall be not less than 1,000 gallons per minute
or at the discretion of the fire official per B103.1
b. The reduced fire flow shall not be less than 1,500 gallons per minute
or at the discretion of the fire official per B103.1
Section C103 of Appendix C is amended to read:
Section C103.3 - Maximum Spacing
For commercial, industrial and multifamily residential buildings, average
spacing shall be no greater than 300 feet.
Section D103.2 of Appendix D is amended to read:
Section D103.2 – Grade.
The grade of fire apparatus access roads shall be in accordance with City
standards or as approved by the Fire Code Official.
Section D103.3 of Appendix D is amended to read:
Section D103.3 - Turning radius.
The minimum turning radius shall be in accordance with City standards or
as approved by the fire code official.
Section D103.4 of Appendix D is amended to read:
Section D103.4 - Dead ends.
Dead-end fire apparatus access roads in excess of 150 feet (45,720 mm)
shall be provided with width and turnaround provisions in accordance with
City standards.
Section D103.6 of Appendix D is amended to read:
Section D103.6 - Signs.
Where required by the fire code official, fire apparatus access roads shall be
marked with permanent NO PARKING-FIRE LANE signs complying with
the California Vehicle Code.
Section D106.1 of Appendix D is amended to read:
Section D106.1 - Projects having more than 50 dwelling units.
Ordinance No. 971 Page 24 of 24
Multiple-family residential projects having more than 50 dwelling units
shall be provided with two separate and approved fire access roads.
Section D106.2 of Appendix D is deleted in its entirety.
SECTION 12. SEVERABILITY
Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance be declared
unconstitutional or invalid for any reason, such declaration shall not affect the validity of the
remaining portions of this ordinance.
SECTION 13. EFFECTIVE DATE
In accordance with Health and Safety Code section 18941.5, this ordinance shall take effect on
January 1, 2023. However, where applications and plans for building have been filed and are
pending for building permits prior to the effective date of this Ordinance, such permits may be
issued, and the applicant may proceed with construction in compliance with the California
Building Standards Codes, 2019 Editions, California Code of Regulations, Title 24, as previously
adopted and amended by any applicable ordinance of the City of Rohnert Park, but only to the
extent that the issuance of such permit is required by Health and Safety Code section 18938.5 and
any other applicable law.
SECTION 14. PUBLICATION
The Clerk shall cause this ordinance to be published in the manner required by law.
SECTION 15. FILING WITH BUILDING STANDARDS COMMISSION
The Clerk shall cause a certified copy of this Ordinance to be filed with the California Building
Standards Commission in the manner required by law.
This ordinance was introduced by the City Council of the City of Rohnert Park on November 8,
2022 and DULY AND REGULARLY ADOPTED this November 22, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ROHNERT PARK
__________________________________
Jackie Elward, Mayor
ATTEST:
___________________________________
Sylvia Lopez Cuevas, City Clerk
APPROVED AS TO FORM:
___________________________________
Michelle M. Kenyon, City Attorney
California Building Standards Code
Adoption Including Local Amendments
Presenter:Mary Grace Pawson
Development Services Director
November 8, 2022
1
California Building Standards Code
Is Updated Every Three Years
o Promulgated by the California Building Standards
Commission and based on international model
codes
o Current updates continue the focus on facilitating
the “electrification” of buildings to support
greenhouse gas reduction policies
o Comes into effect January 1, 2023
2
Local Amendments May be Adopted
To Increase Efficiency and Safety
o Amendments must be supported by local climactic,
topographic or geologic conditions
o Staff is proposing to re-adopt the City’s current
local amendments with one exception
3
Building Standards Code is Located in
RPMC Title 15
15.04 -General Provisions **
15.08 –Building Code *
15.12 –Residential Code *
15. 16 –Electrical Code *
15.18 –Mechanical Code
15.20 –Plumbing Code *
15.24 –Existing Building Code
15. 26 –Green Building Code *
15.28 –Fire Code *
4
**Change from 2019
*2019 Amendments
Proposed for Re-adoption
15.04 -General Provisions: Readopt
local amendments with one change
Remove current local amendment that allows
residential master plans to carry over multiple
code cycles
Rational –implementing code provisions that
support electrification of homes is necessary to
meet City’s greenhouse gas emissions reduction
goals
5
15.08 –Building Code: Readopt local
amendments and Patio Cover and
Grading Appendices
•6-foot fences with 2-feet of lattice exempt from
building permits
•Building Official may require photographic
evidence and manage concealed construction
•Slab, landing and downspout standards
•Fire Code governs address numbering
•Third -party seismic inspections required
6
15.12 –Residential Code: Readopt
local amendments and Patio Cover
and Pool Safety Appendices
Fire Code governs fire sprinklers
Class A Roofing assemblies for all new
construction or re-roofs to reduce the
risk of fire spread.
Self-sealing or ember intrusion resistant
vents for attics and crawl spaces to
reduce fire risk
7
15. 16 –Electrical Code: Readopt
local amendment
Allows for replacement of Federal Pacific
and Zinsco panels in some situations
Staff is developing a new administrative
policy to require testing prior to
replacement
8
Reason for new policy
9
Gas
Meter
Electric
Meter
If this distance
is less than 3’ -
PG&E may
require
relocation of
full service
when panel is
replaced
15.20 –Plumbing Code: Readopt
local amendmens and Piping
Appendices
Material requirements for water supply piping
on private property in response to local soils
condition
10
15. 26 –Green Building Code:
Readopt local amendment
Tier 1 voluntary standards
Staff is exploring additional options for reach
codes that are adopted through a different
process
11
15.28 –Fire Code: Readopt local
amendments
Nuisance alarm notification requirements
Requirements for address signs
Modifications to sprinkler requirements
including single attic sprinkler and
requirements for spare sprinkler heads
Vegetation management requirements
Fire flow, hydrant spacing and access
roads requirement that align with
engineering standards
12
Next Steps
o Hold Public Hearing –Tonight
o Introduce Ordinance –Tonight
o Adopt Ordinance –November 22
o File Ordinance with the Building
Standards Commission –Before January 1
o Updated Code Effective –January 1, 2023
13
Questions and Comments
14
ITEM NO. 7.B.
1
Meeting Date: November 8, 2022
Department: Public Safety
Submitted By: Chief Tim Mattos
Prepared By: Chief Tim Mattos
Agenda Title: Discussion and Direction Regarding Use of Global Positioning Systems (GPS) on
Department of Public Safety Vehicles
RECOMMENDED ACTION:
Staff recommends that the City Council receive this report and provide direction whether the City staff
should move forward with the procurement of a Global Positioning System (GPS) equipment on
Department of Public Safety vehicles to enhance monitoring and management of department vehicles.
BACKGROUND:
On June 14, 2022, the Sonoma County Civil Grand Jury delivered its Final Report 2021-2022. It included an
investigative report titled “Rohnert Park Department of Public Safety.” The report focused largely on
interdiction activities from 2014 to 2017. The report acknowledged departmental procedures have been
tightened and the new command structure provides supervision and support throughout the majority of the 24/7
public safety operations.
The Grand Jury made recommendations it believes will provide added checks and balances to maintain
compliance with existing practices and protocols. The report provided the following recommendations
regarding the tracking of Department of Public Safety vehicles.
Recommendation 6. By July 1, 2023, the City Council allocate funds to install GPS tracking
on all police vehicles. (F7)
Recommendation 7. By December 31, 2023, the Director of Public Safety shall install GPS
tracking on all police vehicles. (F7).
The City’s response was as follows, “Further analysis is required for Recommendations R6 and R7. The City
intends to complete the analysis within six months to inform the City Council’s budget process where it can
consider allocating funds for GPS tracking on all police vehicles”. During the Grand Jury discussion, the City
Council requested staff not wait for the FY23/24 budget session to report back on alternative vehicle tracking
systems.
ANALYSIS:
During the past two months, Department of Public Safety Deputy Chief Kevin Kilgore worked with
Information Technology Manager, David Rowley to evaluate several GPS vendors to determine
whether a system existed which would provide additional tracking ability and considerations regarding
compatibility with existing technology, ease of use, data analysis capabilities, and cost.
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. 7.B.
2
During the review, staff evaluated One Step GPS, Samsara, GeoTab, and GPS Commander with the
following capabilities and considerations:
Secure platform
Applicable to all vehicles
Usable on multiple cellular network
Five second updates per minute
One year of historical data, web accessible
Open API Interface with Public Works fleet management system
WEP accessible SSO Azure or Okta
Electronic driver inspection report function compliant with California Highway Patrol
Electronic hours of service recording function compliant with California Highway Patrol
Accident detection/notification and event re-creation
Cloud based on all browsers, including Android and Apple
All four of the systems evaluated were found to provide most of the required capabilities, however it
was determined that GeoTab and GPS Commander were unable to provide WEP Accessibility which is
the encryption and system security. System pricing was not available from GPS Commander.
Samsara and One Step GPS do provide the encryption and system security. It was determined during
the evaluation that One Step GPS charges an additional $7.00 per vehicle for the “electronic hours of
service recording function compliant with California Highway Patrol”, however the city’s Public
Works fleet department already has a system in place and will not require this function. All platforms
provide full and easy access to GPS data as well as numerous reporting capabilities.
Based on the functionality, compatibility with existing technology, ease of use, data analysis
capabilities, and cost, staff ranked the four different GPS technologies in the following order:
1. One Step GPS
2. Samsara
3. GeoTab
4. GPS Commander
Attached is a side-by-side comparison of GPS technologies evaluated by staff.
STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT:
City Council and the Rohnert Park Department of Public Safety has prioritized police accountability
and police/community relations. Better tracking of Public Safety vehicles will IMPROVE
accountability.
OPTIONS CONSIDERED:
1. Recommended Option: The City Council receive this report and direct staff to move forward with
the procurement of a new GPS system and development of policies and standard operating
procedures for Department of Public Safety to enhance monitoring and management of department
vehicles.
2. Alternative: Direct staff to look at additional technologies to address GPS systems for
Department of Public Safety vehicles
3. Alternative: Direct staff not to continue looking for new technology to address GPS systems for
Department of Public Safety vehicles.
ITEM NO. 7.B.
3
FISCAL IMPACT/FUNDING SOURCE:
There is no current identified allocation in the FY 22/23 budget for this item. If staff is directed to
move forward, a funding source will be identified and brought back to City Council if additional
approvals are required. The estimated fiscal impact for the recommended option would cost up to
$11,500 for the first year (includes initial set up cost), and approximately $10,000 annually.
Department Head Approval Date: 10/27/22
Finance Director Approval Date: 10/24/22
City Attorney Approval Date: N/A
City Manager Approval Date: 10/26/2022
Attachments:
1. GPS Vender Comparison
Vehicle GPS evaluation 9/21/2022 for RPDPS
Vendor One Step GPS Samsara GeoTab GPS Commander
Requirements
Ranking 1 2 3 4
Secure Platform Yes Yes Yes Yes
Applicable to vehicles of all types YES Yes Yes Yes
Usable on Multiple Cellular networks YES Yes Yes Yes
5 Second Updates min. 2 to 30 second 1 second 15 sec police $5.00 extra 10 sec updates
1 year of historical data Web Accessible Yes Yes Yes Yes
Open API Interface; Works with PW fleet application Yes Yes Yes ????????
WEP Accessible SSO Azure or Okta in process. Yes ??????? ???????????
Electronic Driver Inspection Report function compliant with
California Highway
Additional $2.00 or included with below
Yes YES YES
Patrol,
Electronic Hours of Service recording function compliant with
California Highway Additional $7.00 per driver. Yes YES Yes
Patrol
Accident Detection/Notification and event recreation. Yes Possibly YES Yes
Cloud based all browsers android and apple Yes Yes Yes Yes
Cost
60 cars $1620.00 setup $810.00 month to month no
contract $9720 annually. If adding $7.00 per driver =
$14,500/yr.
60 cars
$13320.00 per
year
Up Front Cost one-time $12096.94. Average
monthly and yearly $1484.40 annually $17812.80
Month to Month No Contracts Waiting
on Quote
Notes
No Hot Spot WIFI Hotspot
additional cost
WIFI hotspot with Proplus No WIFI hotspot
Proof of Concept Fully refundable 3-month trial
One price
Lifetime warranty with Pro Plus
Very configurable, Maybe confusing.
City Fleet is on board with a trial but is not interested for city
vehicles at this time.
5 demos provided for approx. 100 days. Plan price quoted is Proplus, their best plan for
Public Safety
All Vendors have thousands of customers.
Attachment 1
Rohnert Park Department of Public Safety
Global Positioning Systems (GPS)
Discussion and Direction
Background
City received Grand Jury Report-June 14th, 2022
Two recommendations regarding vehicle tracking
Recommendation 6.By July 1, 2023, the City Council allocate
funds to install GPS tracking on all police vehicles.
Recommendation 7.By December 31, 2023, the Director of
Public Safety shall install GPS tracking on all police vehicles.
Analysis
System Evaluation
Cost
Ease of use
Data analysis
Capabilities
Companies Evaluated
One Step GPS
Samsara
Geo Tab
GPS Commander
Analysis
Secure platform
Applicable to all vehicles
Usable on multiple cellular networks
Five second updates per minute
One year of historical data, web accessible
Analysis
Open API Interface with Public Works fleet management
system
WEP accessible SSO Azure or Okta
Encryption and security system
Accident detection/notification and event re-creation
Cloud based on all browsers, including Android and
Apple
Recommendation
Direct staff to:
Move forward with procurement of One Step Global Positioning
System
Develop policies and Standard Operating Procedures pertaining
to vehicle tracking
Cost
The estimated fiscal impact for the recommended option
would cost up to $11,500 for the first year (includes initial
set up cost), and approximately $10,000 annually.
ITEM NO. ____7.C.______
1
Meeting Date: November 8, 2022
Department: Community Services
Submitted By: Cindy Bagley, Director of Community Services
Agenda Title: Discussion and Direction Regarding the Sister Cities Relations Committee
Student Exchange Program Budget
RECOMMENDED ACTION
Receive an update from staff regarding funding for the Sister Cities Relations Committee
Student Exchange Program budget and provide staff with direction.
BACKGROUND
At its regular meeting on July 26, 2022, the City Council requested an item be placed on a future
City Council meeting agenda to discuss the Hashimoto Sister City Student Exchange Program
(Program) budget. On October 11, 2022, staff presented City Council an update regarding the
Program reporting that the Sonoma Mountain Twilight Rotary Club (Rotary) was going to fund
the Program. Since that time, the Rotary has decided they will not be able to fund the Program.
ANALYSIS
At the regular Sister Cities Committee (Committee) meeting on Thursday, October 13, the
Committee was informed that the funding source for the Program fell through. The Committee
voted that, without a funding source, they should abandon the Program for this year and focus
their efforts on the following school year.
Staff met with the Chair of the Committee after the meeting on October 13 to inform them that
staff would bring an updated item to City Council for direction regarding the funding of the
Program. The Chair indicated that even if a funding source is identified, there still might not be
time to manage the Program for this school year. They indicated that the Committee could hold a
special meeting if necessary should a funding source be identified.
There are two primary reasons that funding for the Program was not included in the budget:
1. Original Intent of The Sister Cities Relations Program: The original intent of the
resolution adopted by City Council in the 1980’s was that the Committee “should involve
all aspects of the community … and to develop a program to encourage community
organizations, fraternal organizations, Chamber of Commerce, PTA’s youth groups,
scout groups, etc. become involved in the sister cities program.” The program was
intended to be a community-wide and not city-only effort.
2. Community Services Program Cost Recovery Policy: In 2021, the City Council
adopted the current Community Services Cost Recovery Policy (Attachment 2). This
policy governs the amount of General Fund subsidy by percent that is suitable for
Mission Statement
“We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow.”
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
ITEM NO. ____7.C.______
2
different types of programs based on the benefit the program has to the general
community. The pyramid below described the cost recovery requirement for five levels
of community programming:
The Program would be classified as a specialty program in the “mostly individual benefit.”
Therefore, by City policy, it is required to cover the costs of the program through revenue
collected. There is no revenue associated with this program. In order to fund this program using
General Fund dollars, the City Council would need to make an exception to the policy for this
program.
STAFF RECOMMENDATION
Because the Committee voted to abandon the Program this school year in light of the lack of
funding, City Council could choose not to take any budgetary action on this item at this time and
support the Committee’s efforts to focus on next school year.
Alternatively, City Council could provide staff with direction regarding the funding of the
Program for this school year should the Committee determine they are able to manage it under
the current time restrictions. If City Council chooses to provide direction, the following options
could be considered:
Staff Recommendation: City Council could choose to keep the appropriated budget as is and
not fund the Program through General Fund dollars, and encourage the Committee to continue to
seek other community partnerships. Choosing this option would not require City Council to
make an exception to the Cost Recovery Policy. This option, however, would likely result in the
Committee moving forward with their vote to forgo the program this year.
ITEM NO. ____7.C.______
3
Alternatives Considered:
1. The Rohnert Park Foundation Board could consider funding the Program through the
Rohnert Park Foundation (Foundation) for this school year. This would provide the
committee with an option to offer the Program this school year if time permits.
2. The City Council could make an exception to the Cost Recovery Policy and fund the
Program through the General Fund for this school year. This would also provide the
committee with an option to offer the Program this school year if time permits. Staff do
not recommend this option due to the precedent it could set for future programs
requesting exemption to the Cost Recovery Policy.
FISCAL IMPACT
There is no fiscal impact if the City Council chooses the staff recommended option. If City
Council chooses Alternative 1 or 2, there would be an impact of $3,000 to the respective budget
chosen.
Department Head Approval Date: C. Bagley 10/24/22
Finance Director Approval Date: L. Tacacta N/A
City Attorney Approval Date: S. Rudin N/A
City Manager Approval Date: D. Jenkins 10/25/22
Attachments:
1. Resolution 1983-23
2. Community Services Recreation Program Cost Recovery Policy
RESOLUTION NO. 83 -23
RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK
CONCERNING ESTABLISHING SISTER CITY RELATIONS WITH HASHIMOTO CITY, JAPAN
WHEREAS, THE City Council was recently approached concerning the
possible development of a Sister City relationship with Hashimoto City,
Japan; and
WHEREAS, officials and representatives of Hashimoto City, Japan paid a
recent visit to Rohnert Park and expressed a direct interest in our
community and in developing a Sister City relationship; and
WHEREAS, much of this effort and interest was promoted by Mr. and Mrs.
Don Kite, long -time residents of Rohnert Park, with Mr. Kite being a teacher
at Rancho Cotate High School and Mrs. Kite being a native of Japan; and
WHEREAS, in response to the interests expressed, the Rohnert Park City
Council appointed a committee comprised of Mayor Hopkins and Councilman
Stewart to consult with Mr. and Mrs. Kite to see if a program for a Sister
City relationship could be worked out and be in the interests of Rohnert
Park; and
WHEREAS, the Council's committee feels that it would be appropriate for
the City of Rohnert Park to pursue a Sister City relationship with Hashimoto
City, Japan; and
WHEREAS, Hashimoto City is a city of about 35,000 population located
on the south central coast of Japan; and
WHEREAS, many California cormRmities have long historical ties with
the country of Japan and the other countries of the Pacific basin because a
large number of citizens from those areas have migrated to California; and
WHEREAS, it is noted that many of the United States' leading cities
have Sister City relationships with Japanese cities, including New York with
Tokyo, San Francisco with Osaki, San Diego with Yokohama, and Seattle with
Kobe; and
WHEREAS, properly conducted cultural exchanges are extremely
beneficial in terms of providing meaningful education and better
understanding of our fellow human beings in what is becoming a rapidly
shrinking world; and
WHEREAS, a properly conducted Sister City Program should involve all
aspects of the commmity such as:
1. The total community involvement:
A. Schools - by correspondence with counterparts and
conducting projects by developing student exchange
i3 Ti i MOV
Attachment 1
Resolution No. 83 -23 - 71 2
B. Businesses - by correspondence with counterparts and
by sharing thoughts and management techniques in
discussing problems that might be mutual, etc.
C. City Government:
a. Through commissions such as the Senior Citizens
Advisory Commission and Parks and Recreation
Commission corresponding with their counterparts in
exchanging information on successful programs
b. A Cultural Arts group by corresponding with counterparts
and by hosting displays of art from Hashimoto City, Japan and
by conducting activities that will feature culture from
Japan
D. Local Newspapers - By encouraging citizens to participate by
spearheading a correspondence effort and by publishing articles
concerning the Sister City to bring it closer to our residents;
and
WHEREAS, the cost involved in conducting a Sister City Program is
quite small in contrast to the potential benefits that could be derived from
such a program.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Rohnert
Park that it does hereby authorize a commitment to Hashimoto City, Japan of
Rohnert Park's sincere interest in formalizing a Sister City relationship;
BE IT FURTHER RESOLVED by the Council of the City of Rohnert Park that
it does hereby pledge its cooperation to work with any groups in the
conr=ity who are interested in the Sister City Program to raise funds in
order to send a delegation to Hashimoto City, Japan to finalize the Sister
City Program, with the estimated cost for sending each delegate being about
2,000.00 per delegate.
BE IT FURTHER RESOLVED by the Council of the City of Rohnert Park that
it does hereby request that a copy of this resolution be forwarded to the
Cotati- Rohnert Park Unified School District, the Rohnert Park Chamber of
Commerce, and the Cotati-Rohnert Park Clarion newspaper with the request
that these leading forces in the cony ity discuss this matter and hopefully
agree to participate with the city in this undertaking.
CITY OF ROHNERT PARK
CITY COUNCIL POLICY
SUBJECT/TITLE: POLICY NO: APPROVED BY: APPROVAL DATE:
COMMUNITY SERVICES
RECREATION PROGRAM COST
RECOVERY POLICY
8.01.002 ☒RESO NO:___ 2021-094___
☐MINUTE ORDER
8/24/2021
PURPOSE
The City of Rohnert Park (City) Community Services enhances the City’s high quality of life and
nurtures the health and well-being of our people, our community and our economy.
The purpose of this Community Services Recreation Program Cost Recovery Policy (Policy) is to
establish uniform guidelines and cost recovery levels and goals for in-house recreation programs,
events, activities, goods, and services. Establishing a cost recovery policy will accomplish the
following:
1. Provide a structure to calculate fees for recreation programs.
2.Align community contributions with community benefits.
3.Provide systematic framework for the potential removal of programs not generating the
designated minimum cost recovery for that program.
4. Allow decision makers to decide how General Fund subsidy is allocated.
DEFINITIONS
City: Means the City of Rohnert Park and its departments and events sponsored by the City.
Community Benefit: The positive impacts resulting from a service to a community, i.e. enhanced
property values, public health, social and environmental needs met, and/or improved citizen
quality of life.
Cost: Expenses related to the delivery of recreation programs and activities. See Direct Cost and
Indirect Cost for further information.
Direct Cost: Costs that are directly related to a program or service. Without the program or
service, these costs do not exist. Examples would include part-time staff and materials.
Indirect Cost: Costs not tied to one specific program, service, or facility. These are full-time staff
salaries and benefits associated with facilities where programs are hosted. Assumed rate for
indirect cost is 35% of direct cost.
In-house (program and activities): Recreation programs and activities staffed with part- and full-
time City employees.
POLICY
Community Services offers services that are funded through a combination of user fees, taxes,
grants, and donations. Fees and charges shall be assessed in an equitable manner in accordance
with Table 1. Percentages shall be considered as guidelines; however, special circumstances as
well as the nature and cost of each program should be taken into consideration.
Attachment 2
CITY OF ROHNERT PARK
CITY COUNCIL POLICY
SUBJECT/TITLE: POLICY NO: APPROVED BY: APPROVAL DATE:
COMMUNITY SERVICES
RECREATION PROGRAM COST
RECOVERY POLICY
8.01.002 ☒ RESO NO:___ 2021-094___
☐ MINUTE ORDER
8/24/2021
Process
1. Community Services will conduct an annual comprehensive review of cost recovery
targets and levels.
2. Community Services will assess in-house recreation programs and activities to ensure
proper assignment of cost recovery level.
3. New programs will be sorted and assigned a cost recovery level using the Community
Benefit Methodology.
4. The Director of Community Services will set fees to each program based on its cost
recovery level assignment.
5. A Fee Structure/Rate review will be done annually to determine viability of programs.
City of Rohnert Park’s Cost Recovery Model
The City of Rohnert Park will use the Community Benefit Methodology (CBM) to assign cost
recovery targets to in-house programs and activities. This cost recovery model recognizes the
spectrum of beneficiaries of recreation programs and activities ranging from mostly community
benefit to mostly individual benefit. Definitions of levels in the CBM are informed by the City’s
mission, vision, and values, and help determine the level of general fund contribution provided to
each program and activity.
The following model represents all categories of services currently provided, or those which may
be provided in the future by Community Services. The levels are defined by the degree of benefit
to the community, the values of the Rohnert Park community, and the mission of Community
Services. This model and policy forms the basis for setting fees and charges. The definitions for
each level are as follows:
Level I – Mostly Community Benefit
Recreation programs and activities that have a wide community benefit and meet the core
mission and vision of the City by enhancing the overall quality of life for community members.
Participation in these programs and activities is open to all members of the community, with an
emphasis on serving populations in-need. High participation is beneficial to the community, and
thus it is valued over cost recovery.
Level II – Considerable Community Benefit
Programs or activities that fulfill the core mission of Community Services that provide a wide
community benefit. These programs and activities are general, basic and non-specific to any one
recreational activity or are generally accepted as traditional municipal youth programs.
CITY OF ROHNERT PARK
CITY COUNCIL POLICY
SUBJECT/TITLE: POLICY NO: APPROVED BY: APPROVAL DATE:
COMMUNITY SERVICES
RECREATION PROGRAM COST
RECOVERY POLICY
8.01.002 ☒ RESO NO:___ 2021-094___
☐ MINUTE ORDER
8/24/2021
Level III – Individual and Community Benefit
Recreation programs and activities in this level are more interest-specific for individuals. These
programs and activities may be traditional municipal programs or may vary depending on current
recreation trends. Market rate consideration, as well as participation rates, are taken into
consideration when determining the cost recovery for program and activities.
Level IV – Considerable Individual Benefit
These programs and activities have a higher individual focus and may be competitive or highly
specialized programs or activities.
Level V – Mostly Individual Benefit
Recreation programs and activities benefit the individual more than the wider community. These
programs and activities have a higher degree of specialization, and adults are often the primary
beneficiaries. The demand for the program or activity is a factor in fee setting and some
activities may be strictly revenue-oriented.
The Cost Recovery Model will be used to determine the target percentage of cost recovery for
individual in-house recreation programs and activities. The cost recovery percentages increase
from Level 1 to Level 5. The lower number represents the minimum cost recovery for reach
level.
The target cost recovery percentages at each level are listed below:
Table 1: Target Cost Recovery by Level
Levels Target Cost Recovery by Level Type of Cost
Level 1 0-14% Direct Cost
Level 2 15-49% Direct Cost
Level 3 50-79% Direct Cost
Level 4 80-99% Direct + Indirect Cost
Level 5 100% Direct + Indirect Cost
CITY OF ROHNERT PARK
CITY COUNCIL POLICY
SUBJECT/TITLE: POLICY NO: APPROVED BY: APPROVAL DATE:
COMMUNITY SERVICES
RECREATION PROGRAM COST
RECOVERY POLICY
8.01.002 ☒ RESO NO:___ 2021-094___
☐ MINUTE ORDER
8/24/2021
Community Services Recreation Program Cost Recovery Model:
Target Cost Recovery by Level
REVISION HISTORY:
AMENDS POLICY ADOPTED ON 2/27/2018 VIA RESOLUTION 2018-025
Mostly Individual Benefit
100%
Considerable Individual Benefit 80-99%
Community/Individual Benefit (Balanced Beneficiaries)
50-79%
Considerable Community Benefit
15-49%
Mostly Community Benefit
0-14%