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2024/12/10 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, December 10, 2024 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. 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 within which the decision may be challenged to the 90th day following the date that the decision 1.CITY COUNCIL/RPFA/SUCCESSOR AGENCY JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL (Adams_____Elward_____Rodriguez______Sanborn______Giudice_____) 2.READING OF THE LAND ACKNOWLEDGMENT The City of Rohnert Park acknowledges Indigenous Peoples as the traditional stewards of the land. Let it be acknowledged that the City of Rohnert Park is located within the traditional homelands of the Federated Indians of Graton Rancheria, comprised of Coast Miwok and Southern Pomo peoples. 3.PLEDGE OF ALLEGIANCE 4.PRESENTATIONS 5.DEPARTMENT HEAD BRIEFINGS 6.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. 7.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: (Elward_____Rodriguez_____Sanborn______Giudice______Adams_____) 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 GOALS: On May 14, 2024, the Rohnert Park City Council adopted the following multi-year broad goals (listed below in no particular order): 1.Long Term Financial Sustainability 3.Planning and Infrastructure 2.Community Quality of Life 4.Organization Well Being THE CITY OF ROHNERT PARK WANTS TO CONNECT WITH YOU! Our cross-departmental communications team works together on media relations, social media, internal and external communications, stakeholder relations, the City's website, branding, media, and communications support to the City as a whole. Please visit rpcity.org/i_want_to__/connect to stay connected and informed. 7.A Acceptance of City Bills/Demands for Payment dated November 12, 2024 through November 22, 2024 from Finance Department (This is not a project under California Environmental Quality Act (CEQA)) Item 7.A. 7.B Approval of Minutes for City Council/RPFA/Successor Agency Joint Special Meeting November 19, 2024 (This is not a project under California Environmental Quality Act (CEQA)) Item 7.B. 7.C Receive Progress Report on the Status of the Emergency Public Safety Antenna and Radio System Replacement Project (CIP2412), as required by the Public Contract Code and by Minute Order, authorize the continuation of Resolution 2024-051 until the emergency action is completed (This is not a project under California Environmental Quality Act (CEQA)) Item 7.C. 7.D Adopt Resolution 2024-104 Authorizing and Accepting the State of California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program Grant (STEP) Grant and Amending the Fiscal Year 2024-2025 Operating and Revenue Budgets (This is not a project under California Environmental Quality Act (CEQA)) Item 7.D. 7.E Adopt Resolution 2024-105 Disposing of Retired Vehicles/Equipment through Surplus Sale, and Adopt Resolution 2024-106 to Transfer and Appropriate Funds from the Vehicle/Equipment Replacement Fund to the General Fund for the Purchase of One (1) Replacement Patrol Vehicle Including Equipment Build-out in the Amount of $87,000, Authorizing the Purchase of Six (6) New Public Safety Vehicles including Equipment Build-out not to exceed $550,000, Authorizing the Director of Finance to move current appropriations from Non-Departmental to the Department using the vehicle, and Authorizing the City Manager to Execute all Purchase Documentation (This is not a project under California Environmental Quality Act (CEQA)) Item 7.E. 7.F Adopt Resolution 2024-107 Authorizing and Approving the City of Rohnert Park Pay Rates and Ranges Effective as of December 10, 2024 and December 29, 2024 (This is not a project under California Environmental Quality Act (CEQA)) Item 7.F. 7.G Adopt Resolution 2024-108 Amending the Fiscal Year (FY) 2024-25 Capital Improvement Plan to add the 2025 Pavement Maintenance Project (CIP2508) with a Project Budget of $900,000.00 as a new Capital Improvement Project, Approving a Budget Amendment to transfer $900,000 from the 2023-24 Various Streets Pavement Management Project (CIP2301) to the new CIP2508 Project, and Authorizing the City Manager to Execute Task Order 2024-08 with GHD Inc. in the Amount of $373,555 for Design Services for the 2025 Pavement Maintenance Project (CIP 2508) (Categorically exempt from the California Environmental Quality Act (CEQA) under 15301(c) because it addresses repair of existing facilities (streets)) Item 7.G. 7.H Adopt Resolution 2024-109 Accepting Federal Subgrant Award of $10,189.15 from the Hazard Mitigation Grant Program (HMGP) and Authorizing the Finance Director to Appropriate Same to the Autonomous Fire Watch System Project (CIP2304) (Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15061(b)(3) and 15301) Item 7.H. 7.I Adopt Resolution 2024-110 Authorizing Bond Funding from the 2007R Tax Allocation Bond Funds for the City Hall Improvements Project CIP2501 and Public Safety Main Rooftop Patio Project No. CIP2502 Currently Financed through the General Fund and Approving a Budget Amendment Swapping $1.3 million of Bond Funding from the Downtown Infrastructure Project No. CIP2226 with $1.3 million of General Fund Funding from the City Hall Improvements Project CIP2501 and the Public Safety Main Rooftop Patio Project No. CIP2502 (Exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15061(b)(3)) Item 7.I. 7.J By Minute Order, Authorize the City Manager to Execute Amendment No. 1 to the Consultant Services Agreement with Alpha CM for Additional Construction Management Services for the 23-24 Pavement Preventative Maintenance Project, Project No. 2023-01 in an amount Not to Exceed $26,668.55, for a Total Contract Amount of $126,060.55 (Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (Replacement or Reconstruction) of CEQA Guidelines. (14 Cal. Code Regs. §§ 15302)) Item 7.J. 7.K By Minute Order, Authorize the City Manager to Execute Amendment No. 1 to the Consultant Services Agreement with Alpha CM for Additional Construction Management and Inspection Services associated with the A&B Sections Neighborhood Utility Improvement Project (CIP2015 & CIP2221) in an amount not to exceed $46,701.92, for a total contract amount of $493,663.92. (This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of CEQA Guidelines) Item 7.K. 7.L By Minute Order, Authorize the City Manager to Execute a Subordination and Non- Disturbance and Attornment Agreement and an Affidavit and Indemnity Agreement with Forefront Power, LLC, Subject to Minor Edits by the City Manager and City Attorney (Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15300.2) Item 7.L. 7.M By Minute Order, Authorize the City Manager to Approve Three Change Orders to the Power Purchase and Energy Service Agreements Between the City of Rohnert Park and ForeFront Power, LLC to Increase the Scope and Adjust the Compensation (Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15300.2) Item 7.M. 8.REGULAR ITEMS 8.A Installation of Councilmembers Elect 1. Public Comments 2. City Clerk Presentation of Certificates of Appointment as if Elected 3. City Clerk Administration of Oaths of Office 4. Presentation to Susan H. Adams for the Year of 2024 as Mayor 5. City Manager's Presentation of Year-End Video and Reflections on 2024 Year 6. Installation of Mayor Giudice and Vice Mayor Sanborn for 2025 7. Reorganization and Seating of New Council 8. Vision for 2025 Item 8.A.1. Public Comment Received by Email Item 8.A.5. Year End Video 9.ADJOURNMENT Refreshments Will Follow 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 public 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. Notification at least 72 hours prior to the meeting will enable the ADA Coordinator to use her 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, Sylvia Lopez Cuevas, City Clerk, for the City of Rohnert Park, declare that the foregoing agenda was posted and available for review on December 5, 2024, 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 5th day of December, 2024 at Rohnert Park, California. Sylvia Lopez Cuevas Office of the City Clerk CITY BILLS/DEMANDS FOR PAYMENT December 10, 2024 Check Number: 600011601 -600011915 1,747,777.51 Dated: November 12, 2024 -November 22, 2024 TOTAL $1,747,777.51 Item 7.A. CITY BILLS DEMANDS FOR PAYMENT DATED NOVEMBER 12 2024 THROUGH NOVEMBER 22 2024 CHECK NUMBER CHECK DATE VENDOR NAME FUND ACCOUNT AMOUNT 600011601 11/12/2024 ALPHA ANALYTICAL LABORATOR IES IN C Water Utility Fund Contract -Outside Services 1,250.00 600011601 11/12/2024 ALPHA ANALYTICAL LABORATORIES INC Water Utility Fund Contract -Outside Services 312.00 600011601 11/12/2024 ALPHA ANALYTICAL LABORATORIES IN C Water Utility Fund Contract -Outside Services 72.80 600011601 11/12/2024 ALPHA ANALYTICAL LABORATORIES I NC Water Utility Fund Contract -Outsi de Services 312.00 600011601 11/12/2024 ALPHA ANALYTICAL LABORATORIES IN C Water Utility Fund Contract -O utside Services 312.00 600011601 11/12/2024 ALPHA ANALYTICAL LABORATOR IES INC Water Utility Fund Con t ract -Outside Services 26.00 600011602 11/12/2024 AT&T Sewer Utility Fund Communication-Phone 30.70 600011603 11/12/2024 AT&T General Fund Communication-Phone 29.14 600011604 11/12/2024 AT&T General Fund Communication-Phone 58.29 600011605 11/12/2024 AT&T Water Utility Fund Communication-Phone 60.46 600011606 11/12/2024 AT&T General Fund Communication-Phone 59.86 600011607 11/12/2024 BLACK & VEATCH CORPORAT ION General Fund Depos its-Developer 596.17 600011607 11/12/2024 BLACK & VEATCH CORPORAT ION General Fund Deposits-Developer 1,490.39 600011607 11/12/2024 BLACK & VEATCH CORPORAT ION General Fund Deposits-Developer 298.07 600011607 11/12/2024 BLACK & VEATCH CORPORATION General Fund Other Rev-Developer Deposit (596.17) 600011607 11/12/2024 BLACK & VEATCH CORPORATION General Fund Other Rev-Developer Deposit (1,490.39) 600011607 11/12/2024 BLACK & VEATCH CORPORATION General Fund Other Rev-Developer Deposit (298.07) 600011607 11/12/2024 BLACK & VEATCH CORPORATION General Fund Developer Deposit Expense 596.17 600011607 11/12/2024 BLACK & VEATCH CORPORATIO N General Fund Developer Deposit Expense 1,490.39 600011607 11/12/2024 BLACK & VEATCH CORPORATION General Fund Developer Deposit Expense 298.07 600011608 11/12/2024 CALMAT CO General Fund Other Expense 219.45 600011609 11/12/2024 CATHOLIC CHAR IT IES OF THE DIOCESE OF SANTA ROSA General Fund Contra ct -Outside Services 42,809.84 600011609 11/12/2024 CATHOLIC CHARITI ES OF THE DIOCESE OF SANTA ROSA General Fund Contract -O utside Services 17,876.83 600011610 11/12/2024 CITY OF H EALDSBURG General Fund Dues & Subscriptions 25,487.64 600011611 11/12/2024 COMCAST General Fund Communication-Phone 177.03 600011612 11/12/2024 COMCAST General Fund Communication-Phone 180.57 600011613 11/12/2024 COMCAST General Fund Communication-Phone 206.75 600011614 11/12/2024 COMCAST General Fund Communication-Phone 143.75 600011615 11/12/2024 COMCAST General Fund Contract -Outsi de Services 234.73 600011616 11/12/2024 COMCAST General Fund Communication-Phone 105.23 600011617 11/12/2024 COMPLETE WELDERS SUPP LY Spay and Neuter Fund Special Dept Expense 25.88 600011618 11/12/2024 DAIOHS USA INC General Fund Other Expense 156.80 600011619 11/12/2024 LMS INVESTMENTS Water Utility Fund Other Expense 278.27 600011620 11/12/2024 FASTENAL General Fund Oth er Expense 230.00 600011620 11/12/2024 FASTENAL General Fund Other Expense 230.00 600011620 11/12/2024 FA STENAL Water Utility Fund Other Expense 238.54 600011621 11/12/2024 KOEFRAN INDUSTR IES General Fund Community Outreach 253.00 600011622 11/12/2024 SANTA ROSA AUTO PARTS General Fund Othr Accrued Liab.-Sales Tax 0.37 600011622 11/12/2024 SANTA ROSA AUTO PARTS Fleet Services ISF Fleet Veh Repa irs for WTR (0.37) 600011622 11/12/2024 SANTA ROSA AUTO PARTS Fleet Services ISF Fleet Veh Repairs for WTR 164.84 Page 1 of 12 CHECK NUMBER CHE CK DATE V ENDOR NAME FUND ACCOUNT AMOUNT 600011623 11/12/2024 NICK BARBIER I TRUCKING LLC General Fund Fuel 956.26 600011623 11/12/2024 NICK BARBIER I TRUCKI NG LLC General Fund Fuel 1,009.23 600011624 11/12/2024 OFFICE DEPOT General Fund Office Exp ense 220.04 600011624 11/12/2024 OFF ICE DEPOT General Fund Office Exp ense 178.15 600011625 11/12/2024 JACKIE EL WARD General Fund City Council D4 Exp 381.80 600 011626 11/12/2024 PETHEALTH SERVICES (USA INC General Fund Community Outreach 2,277.60 600 011627 11/12/2024 REDWOOD LO CK IN C Water Utility Fund Other Expense 160.00 600011628 11/12/2024 ROBERT HALF INTERNATIONAL IN C Genera l Fund Staffing Temp Contract Srvs 549.45 600011628 11/12/2024 ROBERT HALF INTER NAT IONAL INC General Fund Staffing Temp Contract Srvs 2,35 9 .20 600011628 11/12/2024 ROBERT HAL F INTERN AT IONAL I NC General Fund Staffi ng Temp Contract Srvs 1,828.38 600011628 11/12/2024 ROBERT HALF INTE RNAT IONAL INC General Fund Contract -Outside Services 293 .04 600011629 11/12/2024 SHARED HOUSING & RE SOU RCE EXCHANGE CA LI FO RN IA General Fund Contract -Outside Services 16,225.13 600011629 11/12/2024 SHA RED HOUS ING & RESOUR CE EXCHANGE CA LI FO RNIA General Fund Contr act -Outside Services 11,668.00 600011629 11/12/2024 SHARED HOUS ING & RE SOURCE EXCHANGE CALIFORN IA General Fund Co ntract -Outside Services 4,862.89 6000 11 630 11/12/2024 US BANK General Fund Othr Accrued Liab-P Card 9,165.29 600011631 11/12/2024 VCA ANIMAL CARE CE NT ER OF SO NOMA COUNTY General Fund Other Exp -Animal Clinic NonElg 71 .58 600011631 11/12/2024 VCA ANIMAL CARE CENTER OF SONOMA COUN TY General Fund Other Exp-Anima l Cli n ic NonElg 3.50 600011631 11/12/2024 VCA ANIMAL CA RE CE NTER OF SO NOMA COUNTY General Fund Other Exp -Anima l Clin ic NonElg 3.50 600011632 11/12/2024 WEDGEWOOD V ILLAGE PHARMACY LLC Spay and Neuter Fund Special Dept Exp e n se 303.14 600011633 11/12/2024 WERLE ENTERPR ISE LLC NATIONAL PR INT & PROMO General Fund City Co uncil D4Exp 15.96 600011633 11/12/2024 W ERLE ENTERPRISE LLC NATIONAL PR INT & PROMO General Fund Printing 58.66 600011634 11/12/2024 LEAF CAPITAL FUNDING LLC Sports Ctr Capitl Faciliy Rsrv Lease -Equipment 3,079.20 600011635 11/12/2024 BRINK'S INC Gener al Fund Ba nk & Merchant Fees 1,775.40 600011635 11/12/2024 BRINK 'S INC Sewer Utility Fund Bank & Merchant Fees 144.51 600011635 11/12/2024 BRINK'S INC Water Utility Fund Bank & Merchant Fees 144.51 600011636 11/14/2024 ADRIANA GUTI ERRE Z General Fu n d Contract -Outside Services 310.00 600011637 11/14/2024 ALLIANT INSURANCE SERVICES IN C General Fund Gen eral Liabi lity Premium 474.00 600011637 11/14/2024 ALLIANT INSURANCE SERVICES INC General Fund Genera l Liability Premium 1,186.00 600011638 11/14/2024 AMER ICAN BACKFLOW PRODU CTS COMPANY General Fund Othr Acc rued Liab.-Sales Tax (15.1 6) 600011638 11/14/2024 AM ERICAN BAC KFLOW PRODUCTS COMPANY Water Utility Fund Repair & Maintenance 15.1 6 600011638 11/14/2024 AMERICAN BACKFLOW PRODU CTS COMPA NY Water Utility Fund Repa ir & Maintenance 159.53 6 00011639 11/14/2024 REDACTED RETIREE General Fund Benefit Medical Re imb 502.10 6 00011640 11/14/2024 HAROLD A. STEUBER INC Genera l Fund Other Expen se 8.00 600011640 11/14/2024 HAR OLD A. STEUBER INC General Fund Other Expense 35.32 600 011640 11/14/2024 HAROLD A. STEUBER INC Ge neral Fund Other Expense 8.00 600011640 11/14/2024 HAROLD A . ST EUBER INC General Fu nd Other Expense 8.00 600011640 11/14/2024 HAROLD A. STEU BER INC Sewer Utility Fund Other Expense 8.00 600011641 11/14/2024 BADGER METER INC Water Utility Fund Co ntract -Outside Servi ces 33.00 600011642 11/14/2024 BU RKE W ILLIA MS & SORENSEN LLP General Fund Professio nal Legal Fee s 5,799.04 600011642 11/14/2024 BURKE WILLIAMS & SO RENSEN LLP General Fund Professio na l Legal Fees 3,070.08 600011643 11/14/2024 CA DEPARTMENT OF TECHNOLOGY Information Technology ISF Internet & Broadband 4,384 .06 600011643 11/14/2024 CA DEPARTMENT OF TECHNOLOGY Inform ation Technology ISF Internet & Broadband 4,416.76 600011643 11/14/2024 CA DEPARTMENT OF TEC HNOLOGY Inform ation Technology ISF Internet & Broadband 4,394.49 600011644 11/14/2024 CALMAT CO Water Utility Fund Other Exp -Repai r System 180.38 600011644 11/14/2024 CALMAT CO Water Util ity Fund Other Exp-Repair System 399.43 600011645 11/14/2024 CA PTION S UNLIMITED OF NEVADA IN C Genera l Fund Contract -Outsi d e Services 371.25 600011645 11/14/2024 CAPTIONS UN LIMITED OF NEVADA INC General Fu nd Co ntract -Outside Services 120.00 Page 2 of 12 CHECK NUMBER CHECK DAT E VE N DOR NAME FUND ACCOUNT AMOUNT 600011646 11/14/2024 CITY OF SANTA ROSA General Fund Software 5,000.00 600011647 11/14/2024 CLUBCARE INC General Fund Othr Accrued Liab.-Sales Tax (1.49) 600011647 11/14/2024 CLUBCARE I NC Sports Ctr Capitl Faciliy Rsrv Repair & Maintenance 1.49 600011647 11/14/2024 CLUBCARE I NC Sports Ctr Capitl Faciliy Rsrv Repair & Maintenance 487.19 600011648 11/14/2024 COAST COUNTIES TRUCK & EQUIPMENT CO General Fund Othr Accr ued Liab.-Sales Tax (0.92) 600011648 11/14/2024 COAST COUNTIES T RUCK & EQUIPMENT CO Fleet Services ISF Fleet Veh Repairs for Fire 0.92 600011648 11/14/2024 COAST COUNTIES TRUCK & EQU IPMENT CO Fleet Services ISF Fleet Veh Repairs for Fire 4,366.09 600011649 11/14/2024 COMPLETE WELDERS SUPPLY General Fund Other Exp-First Aid Supplies 223.33 600011650 11/14/2024 BUTLER AN I MAL HEALTH HOLDING COMPANY LLC General Fund Other Exp-Animal Clinic NonElg 51.19 600011651 11/14/2024 CULLIGAN General Fund Other Expense 92.00 600011651 11/14/2024 CULLIGAN General Fund Other Expense 92.00 600011652 11/14/2024 SANDOVAL, DAMIEN M General Fund Re cruitment 1,400.00 600011653 11/14/2024 DC ELECTRIC GROUP I NC General Fund General Liab Minor Claim Damag 18,695.00 600011653 11/14/2024 DC ELECTRIC GROUP I NC General Fund Contract -Outside Services 187.45 600011654 11/14/2024 DEBORAH YACOBELLIS General Fund Contract -Outside Services 3,712.50 600011655 11/14/2024 DEBORAH YACOBE LLIS General Fund Contract -Outside Services 2,137 .50 600011656 11/14/2024 DERR ICK B LEONARD General Fund Contract Services-Instructors 721 .50 600011657 11/14/2024 GLD INVESTMENTS INC General Fund General Liab Minor Claim Damag 3,621.16 600011657 11/14/2024 GLD INVESTMENTS INC Fleet Services ISF Fleet Veh Repairs for Police 924.00 600011658 11/14/2024 M ICHAEL RUB IN General Fund Office Expense 316.08 600011659 11/14/2024 ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE General Fund Software 32,900.00 600011660 11/14/2024 FASTENAL General Fund Other Expense 170.00 600011660 11/14/2024 FASTENAL General Fund Other Expense 180.13 600011660 11/14/2024 FASTENAL General Fund Other Expense 170.00 600011660 11/14/2024 FASTENAL General Fund Other Expense 170.00 600011660 11/14/2024 FASTENAL Water Utility Fund Other Expense 182.52 600011660 11/14/2024 FASTENAL Water Utility Fund Other Expense 170.00 600011661 11/14/2024 FEDERAL EXPRESS CORPORATION General Fund Po stage & Shipping 9.39 600011662 11/14/2024 FRIEDMAN'S HOME IMPROVEMENT Sewer Utility Fund Equipment, Small Office & Tool 32.10 600011662 11/14/2024 FRIEDMAN'S HOME IMPROVEMENT Sewer Utility Fund Repair & Mai ntenance 20.37 600011662 11/14/2024 FRIEDMAN'S HOME IMPROVEMENT Sewer Utility Fund Repair & Maintenance 111.56 600011662 11/14/2024 FRIEDMAN'S HOME IMPROVEMENT Sewer Utility Fund Repair & Maintenance 165 .07 600011662 11/14/2024 FRIEDMAN'S HOME IMPROVEMENT Sewer Utility Fund Repair & Maintenance 42.76 600011662 11/14/2024 FRIEDMAN'S HOME IMPROVEMENT Sewer Utility Fund Repair & Maintenance (26.32) 600011662 11/14/2024 FRIEDMAN'S HOME IMPROVEMENT Water Utility Fund Equipment, Small Office & Tool 313.52 600011663 11/14/2024 FRIZELLE-ENOS COMPANY General Fund Other Expense 982 .23 600011664 11/14/2024 GARDENERS AID INC General Fund Other Expense 160.13 600011665 11/14/2024 GRAINGER INC Water Utility Fund Repair & Maintenance 52.43 600011665 11/14/2024 GRAINGER INC Water Utility Fund Other Expense 624.64 600011666 11/14/2024 GREE N TARA INC General Fund Postage & Shipping 747.18 600011667 11/14/2024 GREEN VALLEY CONSULTI NG ENG INEERS General Fund Deposits-Developer 17,209.50 600011667 11/14/2024 GREEN VALLEY CONSUL TING ENG INEERS General Fund Deposits-Developer 3,297.50 600011667 11/14/2024 GREEN VALLEY CONSULTI NG ENG I NEERS General Fund Other Rev-Developer Deposit (17,209.50) 600011667 11/14/2024 GREEN VALLEY CONSULTI NG ENGINEERS General Fund Other Rev-Developer Deposit (3 ,297.50) 600011667 11/14/2024 GREEN VALLEY CONSULTI NG ENG I NEERS General Fund Developer Deposit Expense 17,209.50 600011667 11/14/2024 GREEN VALLEY CONSU LTI NG ENG INEERS General Fund Developer Deposit Expense 3,297.50 600011668 11 /14/2024 HILL'S PET NUTRITION SALES I N C General Fund Other Exp-Food-Animal Shelter (15.39) Page 3 of 12 CHECK NUMBER CHECK DATE VENDOR NAME FUND ACCOUNT AMOUNT 600011668 11/14/2024 HILL'S PET NUTRITION SALES INC General Fund Other Exp-Food-Anima l Shelter 1,224.09 600011668 11/14/2024 HILL'S PET NUTRITION SALES IN C General Fund Other Exp -Food-Animal She lter 728.19 600011669 11/14/2024 HOMEFIRST OF SANTA CLARA COUNTY Homeless Contract -Outside Services 226,818.51 600011669 11/14/2024 HOMEFIRST OF SANTA CLARA COUNTY Homeless Contract -Outside Services 181,496.81 600011670 11/14/2024 L.N. CURTIS & SONS General Fund Equipment, Small Office & Tool 4,681.46 600011671 11/14/2024 REDACTED RETIREE General Fund Benefit Medical Reimb 801.74 600011672 11/14/2024 LEMUS FAM ILY ENTERPR ISES INC Measure M Parks Other Exp-Special Events 1,070.00 600011673 11/14/2024 MARIA SERRANO General Fund Deferred Inflows 2,130.00 600011673 11/14/2024 MARIA SERRANO General Fund Deferred Inflows 11,636.00 600011673 11/14/2024 MARIA SERRANO General Fund Program Revenue-Box Office (213.00) 600011673 11/14/2024 MARIA SERRANO General Fund Program Revenue-Box Office (1,163.60) 600011673 11/14/2024 MARIA SERRANO PAC Facility Capital Reserve Program Revenue (918.00) 600011674 11/14/2024 MARTHA O'BRIEN General Fund Deferred Inflows 8,424.00 600011674 11/14/2024 MARTHA O'BRIEN General Fund Rents-Facilities-PAC (4,971.00) 600011674 11/14/2024 MARTHA O'BRIEN General Fund Program Revenue-Box Office (842.40) 600011675 11/14/2024 M ICHAE L J GENNACO General Fund Professional Legal Fees 3,780.00 600011676 11/14/2024 MICHELE GINN General Fund Contr act -Outside Services 14,406.25 600011676 11/14/2024 M ICHE LE GINN General Fund Contract -Outside Services 1,031.25 600011677 11/14/2024 MOON LIGH T BPO LLC Sewer Utility Fund Postage & Sh ipping 145.63 600011677 11/14/2024 MOONLIGHT BPO LLC Water Utility Fund Postage & Shipping 145.63 600011678 11/14/2024 SANTA ROSA AUTO PARTS Sewer Utility Fund Fuel 249.24 600011679 11/14/2024 NATIONAL ACADEMY OF ATHLETICS General Fund Contract Services-Instructors 1,561.60 600011680 11/14/2024 NEON ONE General Fund Bank & Merchant Fee s 2,470.80 600011681 11/14/2024 NI CK BARBIERI TRUCKING LLC General Fund Inventories -Diesel 479.31 600011681 11/14/2024 NI CK BARBIERI TRUCKING LLC General Fund Inventories -Diesel 1,003 .68 600011681 11/14/2024 NI CK BARBIERI TRUCKING LLC General Fund Inventories -Diesel 430.15 600011681 11/14/2024 NI CK BARBIERI TRUCKING LLC General Fund Inventories -Unleaded 744.30 600011681 11/14/2024 NICK BARBIERI TRUCKING LLC General Fund Inventories -Unleaded 990.64 600011681 11/14/2024 NICK BARBIERI TRUCKING LLC Gene r al Fund Inventories -Unleaded 422.34 600011681 11/14/2024 NICK BARBIER I TRUCK IN G LLC General Fund Inventories -Unleaded 769.39 600011681 11/14/2024 NICK BARBIERI TRUCKING LLC General Fund Inventories -Unleaded 483.13 600011681 11/14/2024 NICK BARBIERI TRUCKING LLC General Fund Inventories -Unleaded 616.77 600011681 11/14/2024 NICK BARBIER I TRUCKING LLC General Fund Fuel 965.68 600011681 11/14/2024 NICK BARBIERI TRUCKING LLC General Fu nd Fuel 530.41 600011681 11/14/2024 NICK BARBIERI TRUCK ING LLC General Fund Fuel 536.37 600011682 11/14/2024 NORTH AMERI CAN RESCUE HOLDINGS LLC Genera l Fund Other Exp -First Aid Supplies 54.47 600011682 11/14/2024 NORTH AMERICAN RESCUE HOLDINGS LLC General Fund Other Exp-First Aid Supplies 3,368.22 600011683 11/14/2024 NORTHBAY MEDIA GROUP LLC General Fund Contract -Outside Services 18,000.00 600011684 11/14/2024 NORTHERN COAST OFFIC IALS ASSOC IATION INC Genera l Fund Contract -Outside Services 1,160.00 600011685 11/14/2024 NORTHGATE COMPANY I NC Fleet Services ISF Repair & Maintenance 220.00 600011686 11/14/2024 OFFICE DEPOT General Fund Office Expense 180.20 600011686 11/14/2024 OFFICE DEPOT General Fund Office Expen se 70.18 600011686 11/14/2024 OFFICE DEPOT General Fund Other Expense 62.89 600011686 11/14/2024 OFFICE DEPOT General Fund Other Expense 54.83 600011686 11/14/2024 OFFICE DEPOT Sewer Utility Fund Equipment, Small Office & Tool 49.92 600011687 11/14/2024 ALIC IA GIUDICE General Fund Travel and Training 351.90 600011688 11/14/2024 BETSY HOWZE General Fund Meeting Expense 390.64 Page 4 of 12 CHE CK NUM BE R CHE CK DATE VENDOR NAM E FUND ACCOUNT AMOUNT 600011689 11/14/2024 DANIEL ESP INOZA Genera l Fund Travel and Training 109.25 600011690 11/14/2024 DAVID OWEN Water Utility Fund Uniform -Purchase 300.00 600011691 11/14/2024 DAVID OWEN Water Utility Fund Benefits-Vision 150.00 600011692 11/14/2024 ELIZABETH MACHADO General Fund Travel and Training 204.70 600011693 11/14/2024 ERIC MATZEN General Fund Travel and Training 382.95 600011694 11/14/2024 FELICITY L YSTRA General Fund Travel and Tra i ning 468.05 600011695 11/14/2024 GUADALUPE FIGUEROA General Fund Travel and Training 35.39 600011696 11/14/2024 SARA FRASER General Fund Travel and Training 198.38 600011697 11/14/2024 Alisa Ann Ruch Burn Foundation General Fund Other Expense 500.00 600011698 11/14/2024 Adriana Quezada s General Fund Othr Accrued Liab .-PrkRec Rfnd 100.00 600011699 11/14/2024 Alicia Cardenas General Fund Othr Accrued Liab .-PrkRec Rfnd 800.00 600011700 11/14/2024 Ana Calvillo General Fund Othr Accrued Liab .-Pr kRec Rfnd 800.00 600011701 11/14/2024 DeAndre Faaita General Fund Othr Accrued Liab .-Pr kRec Rfnd 100.00 600011702 11/14/2024 Fabiola Hernandez General Fund Othr Accrued Liab.-PrkRec Rfnd 100.00 600011703 11/14/2024 Gustavo Garfia Lopez General Fund Othr Accrued Liab.-PrkRec Rfnd 100.00 600011704 11/14/2024 lsavel Barocio General Fund Othr Accrued Liab.-PrkRec Rfnd 800.00 600011705 11/14/2024 Jessica Muithya General Fund Othr Accrued Liab.-PrkRec Rfnd 800.00 600011706 11/14/2024 Jesus Camacho Solorio General Fund Othr Accrued Liab.-PrkRec Rfnd 800.00 600011707 11/14/2024 Kae l i Newman General Fund Othr Accrued Liab.-PrkRec Rfnd 100.00 600011708 11/14/2024 Luis Venega s General Fund Othr Accrued Liab.-PrkRec Rfnd 800.00 600011709 11/14/2024 Olga Pedraza General Fund Othr Accru ed Liab.-PrkRec Rfnd 100.00 600011710 11/14/2024 Rigoberto Ruiz Serrano General Fund Othr Accrued Liab.-PrkRec Rfnd 800.00 600011711 11/14/2024 Ronni Sweeney General Fund Othr Accrued Liab.-PrkRec Rfnd 100.00 600011712 11/14/2024 Silvia Poblano General Fund Othr Accrued Liab.-PrkRec Rfnd 400.00 600011713 11/14/2024 Stephanie Golobe General Fund Othr Accru ed Liab.-PrkRec Rfnd 400.00 600011714 11/14/2024 PACIFIC GAS & ELECTRIC General Fund Utility-Electric 7 ,566.41 600011714 11/14/2024 PACIFIC GAS & ELECTRIC General Fund Utility-Electric 6 ,250.38 600011714 11/14/2024 PACIF IC GAS & ELECTRIC General Fund Utility-Electric 9,467.21 600011715 11/14/2024 PACIF IC GAS & ELECTRIC General Fund Utility-Electric 2,318.67 600011715 11/14/2024 PACIF IC GAS & ELECTRIC General Fund Utility-Electr ic 103.06 600011715 11/14/2024 PACIF IC GAS & ELECTR IC General Fund Utility-Electric 2,209.59 600011716 11/14/2024 PACIFIC GAS & ELECTR IC General Fund Utility-Electric 16,813.34 600011716 11/14/2024 PACIF IC GAS & ELECTRIC General Fund Utility-Electric 190.74 600011716 11/14/2024 PACIF IC GAS & ELECTR IC General Fund Debt-Principal 5,456.87 600011717 11/14/2024 PETALUMA SCHOOL OF BALLET LLC General Fund Contract Services-Instructors 514.22 600011718 11/14/2024 RACHEL GI LA General Fund Contract Services-I nstructors 182.00 600011719 11/14/2024 RP EXPRESS LLC Fleet Services ISF Repair & Maintenance 371.00 600011720 11/14/2024 SAN FRANCISCO ROOF ING SERVICES INC Water Utility Fund Contract -Outside Serv ices 4,500.00 600011721 11/14/2024 SCLECA General Fund Dues & Subscriptions 200.00 600011722 11/14/2024 SELECTRON TECHNOLOGIES INC Sewer Utility Fund Contract -Outside Services 7,206.25 600011722 11/14/2024 SELECTRON TECHNOLOGIES INC Water Utility Fund Contract -Outside Services 7,206.25 600011723 11/14/2024 SHAYNA OVERLY General Fund Contract Services-I nstructors 663 .00 600011724 11/14/2024 SHI INTERNATIONAL CORP Information Technology ISF Softwar e Lie . & Sbscrptn Maint 5,550.00 600011724 11/14/2024 SHI INTERNATIONAL CORP Information Technology ISF Softwar e-Security 6,331.33 600011725 11/14/2024 SONOMA COUNTY CLERK RECORDER ASSESSOR General Fund Deposits-Developer 20.00 600011725 11/14/2024 SONOMA COUNTY CLERK RECORDER ASSESSOR General Fund Deposits-Developer 20.00 600011725 11/14/2024 SONOMA COUNTY CLERK RECORDER ASSESSOR General Fund Other Rev-Developer Deposit (20.00) Page 5 of 12 CHECK NUMBER CHECK DATE VENDOR NAME FU ND ACCOUNT AMOUNT 600011725 11/14/2024 SONOMA COUNTY CLERK RECORDER ASSESSOR General Fund Other Rev-Developer Deposit {20 .00) 600011725 11/14/2024 SONOMA COUNTY CLER K RECORDER ASSESSOR General Fund Developer Deposit Expense 20.00 600011725 11/14/2024 SONOMA COUNTY CLERK RECORDER ASSESSOR General Fund Developer Deposit Expense 20 .00 600011726 11/14/2024 STALKER RADAR General Fund Equipment, Small Office & Tool 2,500.00 600011726 11/14/2024 STALKER RADAR Genera l Fund Equipment, Small Office & Tool 1,015.93 600011727 11/14/2024 TINA TUTTLE Genera l Fund Contract Services-Instructors 811.20 600011728 11/14/2024 TRANSUN ION General Fund Cont ract -Outsi de Servi ces 153.20 600011729 11/14/2024 TRI CITY FENCE CO IN C General Fund Contract -Outside Service s 2,117.28 600011730 11/14/2024 TROPE GROUP INC Genera l Fund Other Expense 96.00 600011731 11/14/2024 TYLER TECHNO LOG IES INC General Fund Bank & Merchant Fees 1,182.60 600011732 11/14/2024 RAYLEE GLASSER General Fund Contract -Outside Services 5,805 .00 600011733 11/14/2024 US BANK General Fund Othr Accrued Liab-P Ca r d 22,009.97 600011734 11/14/2024 NORTH BAY BOHEMIAN General Fund Communication Advertising 4 .37 600011734 11/14/2024 NORTH BAY BOHEMIAN General Fund Communication Advertising 291.60 600011734 11/14/2024 NORTH BAY BOHEM IAN General Fund Communication Advertising 291.60 600011734 11/14/2024 NORTH BAY BOHEM IAN General Fund Commu nication Advertising 291.60 600011735 11/14/2024 WERLE ENTERPR ISE LLC NATIONAL PR INT & PROMO General Fund Ot her Expense 69.69 600011736 11/14/2024 WYATT IRRIGATION CO General Fund Ot her Expense 1,371.80 600011737 11/18/2024 DIANE M ICHE LI General Fund Contr act Services-Instructors 984.00 600011738 11/18/2024 PETALUMA COMMUNITY ACCESS General Fund Contr act -Outside Services 531.25 600011739 11/15/2024 ACCESS CIG LL C General Fund Contract -O utside Services 125.49 600011740 11/15/2024 AMERICAN STORAGE LLC Fleet Services ISF Other Expense 9,281.50 600011741 11/15/2024 AMSNET I NC Information Technology ISF Capita l Outlay 7,150.00 600011741 11/15/2024 AMSNET I NC Information Tec hnology ISF Cap it al Outlay 7,150.00 600011741 11/15/2024 AMSNET I NC Information Tech no logy ISF Cap it al Outlay 8,580.00 600011741 11/15/2024 AMSNET INC Information Tec hnology ISF Capital Outlay 1,828.26 600011742 11/15/2024 REDACTED RETI REE General Fund Benefit Medical Reimb 502.10 600011743 11/15/2024 AT&T General Fund Communication-Phone 59.85 600011744 11/15/2024 AT&T General Fund Communication-Phone 293.03 600011745 11/15/2024 AT&T General Fund Communication-Phone 59.85 600011746 11/15/2024 AT&T General Fund Communication-Phone 1,472.24 600011747 11/15/2024 AT&T General Fund Communication-Phone 56.46 600011748 11/15/2024 AT&T General Fund Communication-Phone 147.29 600011749 11/15/2024 AT&T General Fund Communication-Phone 177.86 600011750 11/15/2024 AT&T General Fund Communication-Phone 87.44 600011751 11/15/2024 AT&T General Fund Communication-Phone 87.43 600011752 11/15/2024 AT&T General Fund Communication-Phone 379.89 600011753 11/15/2024 AT&T General Fund Communication-Phone 30.74 600011754 11/15/2024 AT&T General Fund Communication-Pho ne 42.41 600011755 11/15/2024 AT&T General Fund Commu nication-Ph one 89.00 600011756 11/15/2024 AT&T General Fund Communication-Pho ne 59.85 600011757 11/15/2024 AT&T General Fund Communication-Phone 59.85 600011758 11/15/2024 AT&T General Fund Communication-Phone 30.70 600011759 11/15/2024 AT&T MOBILITY Genera l Fund Communication-Phone 1,537.84 600011759 11/15/2024 AT&T MOBILITY Fleet Services ISF Communication-Phone 56.38 600011759 11/15/2024 AT&T MOBILI TY Sewer Utility Fund Communication-Phone 28.19 600011759 11/15/2024 AT&T MOBILITY Sewer Utility Fund Communication-Phone 98.38 Page 6 of 1 2 CHECK NUMBER CHECK DATE VENDOR NAME FUND ACCOUNT AMOUNT 600011759 11/15/2024 AT&T MOBILITY Water Utility Fund Communication-Phone 153.91 600011759 11/15/2024 AT&T MOBILITY Water Utility Fund Communication-Ph one 28.19 600011760 11/15/2024 REDACTED RETIREE General Fund Benefit Medical Reimb 470.20 600011761 11/15/2024 BRELJE & RACE LABORATORIES INC Water Utility Fund Contract -Outside Services 84.00 600011762 11/15/2024 BURKE W ILLIAMS & SORENSEN LLP General Fund Professional Legal Fees 9,796.80 600011762 11/15/2024 BURKE W ILLIAMS & SORE NSEN LLP General Fund Professional Legal Fees 1,863.68 600011762 11/15/2024 BURKE W ILLIAMS & SORENSEN LLP General Fund Professional Legal Fees 5,412.94 600011762 11/15/2024 BURKE WILLIAMS & SORENSEN LLP General Fund Professional Legal Fees 1,266.82 600011763 11/15/2024 BWS DISTRIBUTORS INC General Fund Other Exp-Fir st Aid Supplies 1,679.18 600011763 11/15/2024 BWS DISTRIBUTORS INC General Fund Other Exp-First Aid Supplies 1,284.08 600011763 11/15/2024 BWS DISTRIBUTORS INC General Fund Uniform • Pu rchase 526.42 600011763 11/15/2024 BWS DISTRIBUTORS INC General Fund Other Expense 277.83 600011763 11/15/2024 BWS DISTRIBUTORS INC Sewer Utility Fund Contr ac t -Outside Services 422.41 600011764 11/15/2024 CELLCO PARTNERSH IP Water Utility Fund Communication-Phone 227.98 600011764 11/15/2024 CELLCO PARTNERS HIP Recycled Water Utility Fund Contract -Outside Services 37.99 600011765 11/15/2024 CELLCO PARTNERSH I P General Fund Communication-Phone 858.26 600011765 11/15/2024 CELLCO PARTNERSH I P Information Technology ISF Internet & Broadband 294.49 600011765 11/15/2024 CELLCO PARTNERSH I P Fleet Services ISF Co mmunication-Phone 38.01 600011765 11/15/2024 CELLCO PARTNERS HIP Sewer Utility Fund Communication-Phone 152 .04 600011765 11/15/2024 CELLCO PARTNERSHIP Water Utility Fund Communication-Phone 304.12 600011765 11/15/2024 CELLCO PARTNERSHIP RDA-Housing Project Co mmunication-Phone 38.01 600011766 11/15/2024 CITY OF FAIRFIELD General Fund Trave l and Training 792.00 600011767 11/15/2024 CITY OF SANTA ROSA Recycled Water Utility Fund Water Purchase 28,659.60 600011768 11/15/2024 COMCAST General Fund Communication-Phone 176.27 600011769 11/15/2024 COMCAST General Fund Communication-Phone 16.36 600011770 11/15/2024 COMCAST General Fund Co m munication-Phone 260.75 600011771 11/15/2024 COMCAST General Fund Communication-Phone 137.08 600011772 11/15/2024 COMCAST General Fund Commu nication-Phone 559 .98 600011773 11/15/2024 COMCAST General Fund Communication-Phone 176.12 600011774 11/15/2024 COMCAST General Fund Communication-Phone 10.74 600011775 11/15/2024 THE COMMUNITY VO ICE/SHAH FAMILY LLC General Fund Communication Advertisi ng 380.00 600011776 11/15/2024 CYRACOM INTERNATIONAL INC General Fund Contract -Outside Services 439.40 600011777 11/15/2024 DAIOHS USA INC Genera l Fund Other Expense 50.00 600011778 11/15/2024 DC ELECTRIC GROUP INC Genera l Fund General Liab Minor Claim Damag 15,870.00 600011778 11/15/2024 DC ELECTRIC GROUP INC General Fund General Liab Minor Claim Damag 15,925.00 600011778 11/15/2024 DC ELECTRIC GROUP INC Genera l Fund Contract -Outside Servi ce s 5,086.42 600011778 11/15/2024 DC ELECTRIC GROUP INC General Fund Contract -Outside Services 1,246.56 600011778 11/15/2024 DC ELECTRIC GROUP INC Gener al Fund Contract -Outside Services 1,180.94 600011778 11/15/2024 DC ELECTRIC GROUP INC Genera l Fund Contract -Outside Services 931.47 600011778 11/15/2024 DC ELECTRIC GROUP I NC Graton M i t igation Contract -Outside Services 5,425.52 600011778 11/15/2024 DC ELE CTRIC GRO UP INC Graton M itigation Contract -Outside Services 1,329.67 600011778 11/15/2024 DC ELECTRIC GROUP INC Graton Mitigation Contract -Outside Service s 1,259.66 600011778 11/15/2024 DC ELECTRIC GROUP INC Graton JEPA Wilfred Co ntract -Outside Services 791 .22 600011778 11/15/2024 DC ELECTRIC GROUP INC Graton JEPA Wilfred Co ntract -Outside Services 193.91 600011778 11/15/2024 DC ELECTRIC GROUP I NC Graton JEPA Wilfred Contract -Outside Services 183.70 600011779 11/15/2024 DELL MARKETING LP Genera l Fund Equipment, Small Office & Tool 101.84 600011780 11/15/2024 EVE LI NE URQUHART Genera l Fund Contract Services-Instructors 1,116.05 Page 7 of 12 CHECK NUMBER CHECK DATE VENDOR NAME FUND ACCOUNT AMOUNT 600011781 11/15/2024 FASTENAL General Fund Other Expense 22.00 600011781 11/15/2024 FASTENAL General Fund Other Expense 745.29 600011781 11/15/2024 FASTENAL General Fund Other Expense 22 .00 600011781 11/15/2024 FASTENAL General Fund Other Expense 745.29 600011781 11/15/2024 FASTENAL Sewer Utility Fund Other Expense 372.65 600011781 11/15/2024 FASTENAL Water Uti lity Fund Other Expe nse 22.34 600011781 11/15/2024 FASTENAL Water Utility Fund Other Expense 372.64 600011782 11/15/2024 FRIEDMAN 'S HOME I MPROVEMENT Gener al Fund Other Expense 356.99 600011782 11/15/2024 FRIEDMAN'S HOME IMPROVEMENT General Fund Other Expense 261.45 600011782 11/15/2024 FRIEDMAN'S HOME IMPROVEMENT Water Utility Fund Other Exp -Repair System 13 .91 600011783 ll/lS/2024 GARDENERS AID INC Genera l Fund Other Expense 151.62 600011784 11/15/2024 GRA INGER IN C Genera l Fund Equipment, Small Office & Tool 52 .60 600011784 11/15/2024 GRAINGER INC Genera l Fund Other Expense 30.42 600011784 11/15/2024 GRAINGER IN C Genera l Fund Other Expense 21.42 600011784 11/15/2024 GRA INGER INC General Fund Other Expense 70.37 600011785 11/15/2024 HOR IZON DISTRIBUTORS I NC General Fund Other Expen se 699.44 600011786 11/15/2024 MARK PIP PIN General Fund Uniform -Purchase 236.52 600011787 11/15/2024 JOHN DEERE FINANC IAL General Fund Othr Accrued Liab.-Sa les Tax {1.00) 600011787 11/15/2024 JOHN DEERE FINANCIAL General Fund Other Expense 1.00 600011787 11/15/2024 JOHN DEERE FINANCIAL General Fund Other Expense 107.93 600011788 11/15/2024 JYOTI M MCCALL General Fund Contract Services-I nstructors 373.75 600011789 11/15/2024 KIM LE Y HORN AND ASSOCIATES INC General Fund Software 30,000.00 600011790 11/15/2024 l.N . CURTIS & SONS General Fund Equipment, Small Office & Tool 635.28 600011791 11/15/2024 MARTHA O'BRIEN General Fund Deferred Inflows 2,008.00 600011791 11/15/2024 MARTHA O'BR IE N General Fund Program Revenue-Box Office {200.80) 600011792 11/15/2024 REDACTED RETIREE General Fund Benefit Medical Reimb 1,300.56 600011793 11/15/2024 NICK BARBIERI TRUCK IN G LLC General Fund Inventories -Unleaded 651.20 600011793 11/15/2024 NICK BARB IERI TRUCK ING LLC General Fund Inven tories -Unleaded 882 .68 600011793 11/15/2024 NICK BARB IERI TRUCK ING LLC General Fund Inventories -Unleaded 809.47 600011793 11/15/2024 NICK BARBIERI TRUCKING LLC General Fund Inventories -Unleaded 526.97 600011793 11/15/2024 NICK BARBIERI TRUCKING LLC General Fund Fuel 917 .75 600011794 11/15/2024 ONE STEP GPS General Fund Contract -Out side Services 1,026.00 600011795 11/15/2024 MON ICA PAD I LLA Ge neral Fund Contract -Outside Services 390.86 600011796 11/15/2024 VANESSA GARRETT Genera l Fund Travel and Training 1,581.18 600011797 11/15/2024 All Saints Church Genera l Fund Othr Accrued Liab.-PrkRec Rfnd 100.00 600011798 11/15/2024 Cassandra Lake Genera l Fund Othr Accrued Liab.-PrkRec Rfnd 100.00 600011799 11/15/2024 Cassandra Stephens Genera l Fund Othr Accrued Liab.-PrkRec Rfnd 100.00 600011800 11/15/2024 Debra Busse Genera l Fund Othr Accrued Liab.-PrkR ec Rfnd 100.00 600011801 11/15/2024 Rubicela Antonio Francisco General Fund Othr Accrued Liab.-PrkRec Rfnd 100.00 600011802 11/15/2024 Sonoma County Mothers of Multiples General Fund Othr Accrued Liab.-PrkRec Rfnd 100.00 600011803 11/15/2024 PACE SUPPLY General Fund Other Expense (2.68) 600011803 11/15/2024 PACE SUPPLY General Fund Other Expense 133.90 600011803 11/15/2024 PACE SUPPLY Water Utility Fund Other Exp-Repair System 131.70 600011803 11/15/2024 PACE SUPPLY Water Utility Fund Other Exp -Repair System 537.78 600011804 11/15/2024 PATR ICIA WYMAN General Fund Contract Services-I nstructors 844.35 600011805 11/15/2024 BOTTLING GROUP LLC General Fund Other Exp-Concessions 796.50 600011806 11/15/2024 TIMOTHY D BOWEN General Fund Contrac t Services-Instructors 215.60 Page 8 of 12 , ~ CHECK NUMBER CHECK DATE VENDOR NAME FUND ACCOUNT AMOUNT 600011807 11/15/2024 REDWING BUSINESS ADVANTAGE ACCOUNT General Fund Uniform -Purchase 300.00 600011808 11/15/2024 REDACTED RETIREE General Fund Benefit Medical Reimb 224.63 600011809 11/15/2024 ROBERT HALF INTERNATIONAL INC General Fund Staffing Temp Contract Srvs 2,329.71 600011809 11/15/2024 ROBERT HALF I NTERNATIONAL INC General Fund Staffing Temp Contract Srvs 183.15 600011810 11/15/2024 SA NTA ROSA DAN CE THEATR E General Fund Deferred Inflows 3,225.00 600011810 11/15/2024 SANTA ROSA DANCE THEATRE General Fund Deferred Inflows 12,645 .00 600011810 11/15/2024 SANTA ROSA DANCE THEATRE General Fund Rents-Facilities-PAC (7,956.00) 600011810 11/15/2024 SANTA ROSA DANCE THEATRE General Fund Program Revenue-Box Office (322.50) 600011810 11/15/2024 SANTA ROSA DANCE THEATRE General Fund Program Revenue-Box Offi ce (1,264 .50) 600011811 11/15/2024 SANTA ROSA JUN IOR COLLEGE General Fund Travel and Trai ning 264.75 600011812 11/15/2024 SITEONE LANDSCAPE SUPP LY General Fund Other Expense 90.94 600011813 11/15/2024 SOI LAND CO INC Water Utility Fund Other Exp-Repair System 114.50 600011813 11/15/2024 SOILAND CO INC Water Utility Fund Other Exp-Repair System 31.50 600011814 11/15/2024 SONOMA COUNTY SHERIFF General Fund Co ntract -O utside Services 1,068.96 600011815 11/15/2024 SPROUT SOCIAL INC General Fund Software 1,844.46 600011815 11/15/2024 SPROUT SOCIAL INC General Fund Software 1,844.46 600011816 11/15/2024 SUPERIOR SUPPLIES I NC Water Utility Fund Other Exp-Repair System 214.40 600011817 11/15/2024 TR IPEP I, SMITH AND ASSOCIATES INC General Fu nd Co ntract -Outside Services 3,371.00 600011818 11/15/2024 USPS General Fu nd Postage & Shipping 4,589.84 600011819 11/15/2024 WERLE ENTERPRISE LLC NATIONAL PRINT & PROMO General Fu nd Uniform -Purchase 86.09 600011819 11/15/2024 WERLE ENTERPRISE LLC NATIONAL PRINT & PROMO General Fund Uniform -Purchase 43 .80 600011820 11/15/2024 GCP WW HOLDCO LLC General Fund Uniform -Purchase 345.62 600011821 11/19/2024 4 LEAF INC General Fund Contract -Outsi de Services 825.00 600011822 11/19/2024 ACCESS CIG LLC General Fund Office Expense 11.92 600011822 11/19/2024 ACCESS CIG LLC General Fund Office Expense 9.41 600011822 11/19/2024 ACCESS CIG LLC General Fund Contract -Outside Services 62 .74 600011822 11/19/2024 ACCESS CIG LLC General Fund Office Expense 11.92 600011822 11/19/2024 ACCESS CIG LLC General Fund Office Expen se 29.49 600011823 11/19/2024 ALPHA CM INC CIP Sewer Capita l Projects 27,436.37 600011823 11/19/2024 ALPHA CM I NC CIP Water Capital Projects 15,100.63 600011824 11/19/2024 BKF ENG INEERS CIP Government Capital Projects 2,100.00 600011825 11/19/2024 BRELJE & RACE CONSULTI NG CIP Government Capital Projects 132.50 600011826 11/19/2024 BURKE W ILLIAMS & SORENSEN LLP Genera l Fund Professional Legal Fees 4,032.60 600011826 11/19/2024 BURKE W I LLI AMS & SORENSEN LLP CIP Government Non-Ca pital Projects 3,706.56 600011826 11/19/2024 BURKE W ILLIAMS & SOR ENSEN LLP CIP Government Non-Capital Projects 3,602 .56 600011826 11/19/2024 BURKE W ILLIAMS & SORENSEN LLP CIP Government Capital Projects 209.04 600011826 11/19/2024 BURKE WILLIAMS & SORENSEN LLP CIP Sewer Capital Projects 522.60 600011826 11/19/2024 BURKE WILLIAMS & SORENSEN LLP CIP Water Capital Projects 452.92 600011827 11/19/2024 CA DEPARTMENT OF FISH & W ILDLIFE CIP Government Capital Projects 7,918.25 600011828 11/19/2024 CENTRALSQUARE TECHNOLOGIES LLC General Fund Software 90.00 600011829 11/19/2024 CITY OF SEBASTOPOL General Fund Other Expense 5,317.22 600011830 11/19/2024 COAR DESIGN GROUP CIP Government Non-Capital Projects 908.00 600011830 11/19/2024 COAR DESIGN GROUP CIP Sewer Ca pital Projects 3,534 .50 600011830 11/19/2024 COAR DESIGN GROUP CIP Wa t er Capital Projects 3,534.50 600011831 11/19/2024 COASTLAND CIVIL ENGINEER IN G INC CIP Government Capital Projects 480.00 600011831 11/19/2024 COASTLAND CIVIL ENGIN EERING INC CIP Sewer Capital Project s 922.50 600011831 11/19/2024 COASTLAND CIV IL ENGINEERING INC CIP Water Capital Projects 805.00 Page 9 o f 12 CHECK NUMBER CHECK DATE VENDOR NAME FUND ACCOUNT AMOUNT 600011832 11/19/2024 CSG CONSULTANTS INC General Fund Contract -Outside Services 376.50 600011833 11/19/2024 DATA TICKET INC General Fund Contract -Outside Services 262.50 600011833 11/19/2024 DATA TICKET INC General Fund Contract -Outside Services 759.84 600011834 11/19/2024 DC ELECTR IC GROUP I NC CIP Government Capita l Projects 29 ,925.00 600011835 11/19/2024 DEPT O F JUSTICE General Fund Recruitment 484.00 600011835 11/19/2024 DEPT OF JUSTICE CIP Government Capital Projects 64 .00 600011836 11/19/2024 EUREKA OXYGEN CO Sewer Utility Fund Lease-Equi pment 89.15 600011837 11/19/2024 FASTENAL General Fund Other Expense 105.00 600011837 11/19/2024 FAST ENAL General Fund Other Expense 43.50 600011837 11/19/2024 FASTENAL General Fund Other Expense 105.00 600011837 11/19/2024 FASTENAL General Fund Other Expense 43.50 600011837 11/19/2024 FASTENAL General Fund Other Expense 111.80 600011837 11/19/2024 FASTENAL Sewer Utility Fund Other Expense 105.85 600011837 11/19/2024 FASTENAL Sewer Utility Fund Other Expense 43.81 600011837 11/19/2024 FASTENAL Water Utility Fund Other Expense 105.85 600011837 11/19/2024 FASTENA L Water Utility Fund Other Expense 43.81 600011838 11/19/2024 FEDERAL EXPRESS CO RPORATION General Fund Recruitment 9.39 600011839 11/19/2024 GARDENERS AID INC General Fund Other Expense 712.99 600011839 11/19/2024 GARDENERS AID INC General Fund Other Expense 106.29 600011840 11/19/2024 GHD INC CIP Government Capital Projects 26 ,251 .19 600011841 11/19/2024 GRAINGER INC General Fund Other Expense 78.90 600011841 11/19/2024 GRA INGER I NC Genera l Fund Other Expense 144.38 600011841 11/19/2024 GRA INGER INC Genera l Fund Other Expense 79.96 600011841 11/19/2024 GRA INGER INC General Fund Other Expense 12.65 600011842 11/19/2024 HOS WHITE CAP CONST SUPP L General Fund Other Expense 1,438.11 6000 11843 11/19/2024 HILL'S PET NUTRITION SALES INC General Fund Other Exp-Food-Animal Shelter 154.50 600011844 11/19/2024 ITERIS INC CIP Government Capital Projects 295.00 600011845 11/19/2024 KIMLEY HORN AND ASSOCIATES INC CI P Government Capital Projects 4,952.80 600011846 11/19/2024 MILLER PACIF IC ENGINEERING GROUP INC CIP Government Capital Projects 440.00 600011847 11/19/2024 PACIFIC GAS & ELECTR IC CIP Government Capital Projects 3,000.00 600011848 11/19/2024 SCHAAF & WHEELER, CONSULTING CIVIL ENGINEER S CIP Sewer Capital Projects 14,070.00 600011848 11/19/2024 SCHAAF & WHEELER, CONSULT ING CIVIL ENGINEER S CIP Sewer Capi t a l Projects 12,040.00 600011849 11/19/2024 SO NOMA COUNTY CLERK RECORDER ASSESSOR CIP Government Capita l Projects 50.00 600011850 11/19/2024 STOMMEL INC Fleet Services ISF Fleet Veh Repai rs for Po lice 20.17 600011851 11/19/2024 TEAM GH ILOTTI INC CIP Sewer Capital Projects 62,382.45 600011851 11/19/2024 TEAM GHILOTTI INC CIP Water Capital Project s 34,469.47 600011851 11/19/2024 TEAM GHILOTTI INC CIP Water Capital Projects 248,365 .15 600011852 11/19/2024 WRA INC CIP Government Capital Proj ects 1,513.50 600011853 11/21/2024 CLEARSTAR INC General Fund Recruitment 74.91 600011854 11/21/2024 THE COMMUNITY VOICE/SHAH FAMILY LLC General Fund Deposits-Developer 470.00 600011854 11/21/2024 THE COMMUNITY VOICE/S HAH FAMILY LLC General Fund Other Rev-Developer Deposit (470.00) 600011854 11/21/2024 THE COMMUN ITY VO ICE/SHAH FAMILY LLC General Fund Developer Deposit Expense 470.00 600011855 11/21/2024 IDE XX DISTRIBUTION INC General Fund Other Exp-Anima l Clinic NonElg 471 .74 600011856 11/21/2024 WALIA BR OTHERS LLC Fleet Services ISF Repa i r & Maintenance 338.00 600011857 11/21/2024 KOEFRAN INDUSTRIES General Fund Community Outreach 60.00 600011857 11/21/2024 KOEFRAN I NDUSTRIES General Fund Community Outreach 230.00 600011858 11/21/2024 KONE INC General Fund Contract -Outside Services 147.55 Page 10 of 12 .. l CHECK NUMBER CH EC K DATE VENDOR NAM E FUND ACCOUN T AMOUNT 600011859 11/21/2024 MARTHA O'BR I EN General Fund Defer red Inflows 2,130.00 600011859 11/21/2024 MARTHA O'BRI EN General Fund Program Revenue-Box Office (213.00) 600011860 11/21/2024 MOONLIGHT BPO LLC Sewer Utility Fund Postage & Shippi ng 825 .64 600011861 11/21/2024 MOTION I NDUSTRIES IN C General Fund Other Expense 88.89 6000 11862 11/21/2024 SA NTA ROSA AUTO PARTS Se w er Utility Fu nd Rep air & Maintenance 9.67 600011863 11/21/2024 NICK BARBIERI TR UCKING LLC General Fund Inventories -Diesel 419.83 600011863 11/21/2024 NICK BARBIERI TRUCKING LLC General Fund Inventories -Unleaded 376.33 600011863 11/21/2024 NICK BARBIERI TRUCKING LLC General Fund Inventories -Unleaded 1,014.06 600011863 11/21/2024 NICK BARBIERI TRUCKING LLC General Fund Inventories -Unleaded 859.66 600011863 11/21 /2024 NICK BARBIERI TRUCKING LLC General Fund Inventorie s -Unleaded 1,009.65 600011863 11/21/2024 NICK BAR BIERI TRUCKING LLC Water Utility Fund Fuel 522 .71 600011864 11/21/2024 ELIZABETH MACHADO General Fund Travel and Train i ng 28.95 600011865 11/21/2024 JEF FR EY PONIKVAR -DOLNEY Water Utility Fund Uniform -Purchase 319.95 600011866 11/21/2024 JEFFREY PONIKVAR -DO LNE Y Water Util ity Fund Travel and Tra ining 138.86 600011867 11/21/2024 JOSE VALENC IA General Fund Benefits-Vision 150.00 600011868 11/21/2024 OSVALDO SEGURA DE HARO Water Utility Fund Travel and Tra ining 138.86 600011869 11/21/2024 SHERI M ILLER General Fund Travel and Tra ining 350.00 600011870 11/21/2024 GRANT BRAMHAM Genera l Fund Other Exp-PAC Production 250.00 600011871 11/21/2024 A imee Krzywicki Water Uti l ity Fund AR -UB Re sidential 43 .14 600011872 11/21 /2024 Bill Mushallo Genera l Fund Othr Accrued Liab .-PrkRec Rfnd 100.00 600011873 11/21/2024 California Roof Savers General Fund Othr Accrued Liab .-Bl dg Std-SB 1.00 600011873 11/21/2024 California Roof Savers General Fund Fee -Bui ldi ng I nspection 295.00 600011874 11/21/2024 Ce lina Mendoza-Pa rra General Fund Othr Accrued Liab .-PrkRec Rfnd 1,085.00 600011875 11/21/2024 D.R. Horton Bay, I nc Wa t er Util ity Fund AR -U B Residential 170.97 600011876 11/21/2024 D.R. Horton Bay, Inc Water Util ity Fund AR -UB Re sidential 219.13 600011877 11/21/2024 D.R. Horton Bay, Inc Water Uti l ity Fund AR-UB Resid ential 64.84 600011878 11/21/2024 D.R. Horton Bay, Inc Water Uti lity Fund AR -UB Residenti al 83.08 600011879 11/21/2024 D.R. Horton Bay, I nc Water Uti lity Fund AR -UB Re sid enti al 56.15 600011880 11/21/2024 D.R. Horton Bay, Inc Water Util ity Fund AR -U B Residenti al 63.48 600011881 11/21 /2024 D.R. Horton Bay, Inc Water Util ity Fund AR -UB Residential 48.19 600011882 11/21/2024 D.R. Horton Bay , Inc Water Uti lity Fu n d AR -UB Residential 56.37 600011883 11/21/2024 DOO LITTLE CONSTRUCT ION, LLC Water Utility Fund AR -US-Fire Hydrant 10,288.79 600011884 11/21/2024 Do uglas Jordan Gener al Fu nd Oth r Accrued Liab .-PrkRec Rf nd 100.00 600011885 11/21/2024 Edwa rd Blanco Water Util ity Fund AR -UB Resid ential 4 .91 600011886 11/21/2024 ER I N STEPHENS Water Utility Fund AR -UB Residential 66.21 600011887 11/21/2024 Filipina American Ba ra ngay General Fund Othr Accrued Liab .-PrkRec Rf nd 100.00 600011888 11/21/2024 GINGER MARTIN Water Utility Fund AR -UB Re sidential 30.44 600011889 11/21 /2024 Kathy Alvendia Water Utility Fund AR -UB Re sidential 48.98 600011890 11/21/2024 Kelly Barquer o Water Utility Fund AR -UB Re sidential 0 .20 600011891 11/21/2024 KIM STARKE Water Utility Fund AR -UB Re sidential 86.76 600011892 11/21/2024 Li sa M Azpeitia Water Utility Fund AR -UB Residential 41.53 600011893 11/21/2024 NEMA CO NSTRU CT IO N Water Utility Fund AR -US-Fire Hydrant 2,426.22 600011894 11/21/2024 Pam G Dyer Water U t ility Fund AR -UB Residential 13.68 600011895 11/21/2024 ROMANN SAMSON Water Utility Fund AR-UB Re sidential 36.53 600011896 11/21/2024 RP Immed iat e Ca r e Center Water Utility Fund AR -US-Commer cial 1,767 .34 600011897 11/21 /2024 Tammy Stover General Fund Othr Accrued Liab .-PrkRec Rfnd 400.00 600011898 11/21/2024 TERRENCE POWELL Water Utility Fund AR -UB Re sidenti al 85.55 Pa ge 11 of 12 CHECK NUMBER CHECK DATE VENDOR NAME FUND ACCOUNT AMOUNT 600011899 11/21/2024 The Pug Hotel General Fund Othr Accrued Liab.-PrkRec Rfnd 220.00 600011900 11/21/2024 PETALUMA HEALTH CENTER Graton Mitigation Contract -Outside Services 4,184.88 600011901 11/21/2024 PITNEY BOWES INC General Fund Postage & Shipping 381.70 600011902 11/21/2024 REXEL USA INC Sewer Utility Fund Other Expense 5.83 600011903 11/21/2024 RELIABLE HARDWARE & STEEL CO Sewer Utility Fund Repair & Maintenance 89.58 600011904 11/21/2024 ROBERT HALF INTERNATIONAL INC General Fund Staffing Temp Contract Srvs 2,211.75 600011904 11/21/2024 ROBERT HALF INTERNATIONAL INC General Fund Staffing Temp Contract Srvs 183.15 600011905 11/21/2024 SANTA ROSA DANCE THEATRE General Fund Deferred Inflows 2,379.00 600011905 11/21/2024 SANTA ROSA DANCE THEATRE General Fund Program Revenue-Box Office (237 .90) 600011906 11/21/2024 SANTA ROSA JUNIOR COLLEGE General Fund Travel and Training 80.00 600011907 11/21/2024 SCOTT SEANOR Fleet Services ISF Fleet Veh Repairs for Police 222 .08 600011908 11/21/2024 SHU MS CODA ASSOC IATES I NC General Fund Contract -Outside Services 420.00 600011908 11/21/2024 SHUMS CODA ASSOCIATES I NC General Fund Contract -Outside Services 360.00 600011908 11/21/2024 SHU MS CODA ASSOC IATES I NC General Fund Contract -Outside Services 240.00 600011908 11/21/2024 SHU MS CODA ASSOCIATES INC General Fund Contract -Outside Services 420.00 600011908 11/21/2024 SHU MS CODA ASSOC IATES I NC General Fund Contract -Outside Services 120.00 600011908 11/21/2024 SHU MS CODA ASSOCIATES I NC General Fund Contract -Outside Services 180.00 600011908 11/21/2024 SHUMS CODA ASSOC IATES INC General Fund Contract -Outside Services 240.00 600011908 11/21/2024 SHUMS CODA ASSOC IATES INC General Fund Contract -Outside Services 240.00 600011909 11/21/2024 SIX ROBBLEES ' INC Water Utility Fund Equipment, Small Office & Tool 24.39 600011910 11/21/2024 SONOMA COUNTY CLERK RECORDER ASSESSOR General Fund Deposits-Developer 20.00 600011910 11/21/2024 SONOMA COUNTY CLERK RECORDER ASSESSOR Genera l Fund Other Rev-Developer Deposit (20.00) 600011910 11/21/2024 SONOMA COUNTY CLERK RECORDER ASSESSOR General Fund Developer Deposit Expense 20.00 600011911 11/21/2024 TYLER BUSINESS FORMS General Fund Office Expense 461.30 600011912 11/21/2024 RAYLEE GLASSER General Fund Contract -Outside Services 34,365.50 600011912 11/21/2024 RAYLEE GLASSER General Fund Contract -Outside Services 23,345.00 600011912 11/21/2024 RAYLEE GLASSER General Fund Contract -Outside Services 313 .63 600011912 11/21/2024 RAYLEE GLASSER General Fund Contract -Outside Services 1,865.17 600011912 11/21/2024 RAYLEE GLASSER General Fund Contract -Outside Services 1,429.62 600011912 11/21/2024 RAYLEE GLASSER General Fund Contract -Outside Services 492.70 600011912 11/21/2024 RAYLEE GLASSER General Fund Contract -Outside Services 964.60 600011912 11/21/2024 RAYLEE GLASSER General Fund Contract -Outside Services 447 .20 600011912 11/21/2024 RAYLEE GLASSER General Fund Contract -Outside Services 339.63 600011913 11/21/2024 REDACTED RETI REE General Fund Benefit Medical Reimb 679 .70 600011914 11/21/2024 VCA ANIMAL CARE CENTER OF SONOMA COUNTY General Fund Other Exp-Animal Clinic NonElg 37.00 600011914 11/21/2024 VCA AN IMAL CARE CENT ER OF SONOMA COUNTY General Fund Other Exp-Animal Clinic NonElg 17.87 600011915 11/21/2024 WYATT IRRIGATION CO General Fund Other Expense 268.16 600011915 11/21/2024 WYATT IRRIGATION CO General Fund Other Expense 395.90 600011915 11/21/2024 WYATT IRRIGATION CO General Fund Other Expense 428.08 600011915 11/21/2024 WYATT IRRIGATION CO General Fund Other Expense 168.31 600011915 11/21/2024 WYATT IRRIGATION CO General Fund Other Expense 1,113.64 600011915 11/21/2024 WYATT IRRIGATION CO General Fund Other Expense 565.30 600011915 11/21/2024 WYATT IRRIGATION CO General Fund Other Expense 371.91 600011915 11/21/2024 WYATT IRRIGATION CO Water Utility Fund Repair & Maintenance 15.50 1,747,77 7 .51 '. Page 12 of 12 MINUTES OF THE JOINT SPECIAL MEETING OF THE CITY OF ROHNERT PARK City Council Rohnert Park Financing Authority Successor Agency to the Community Development Commission Tuesday, November 19, 2024 1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL Mayor Adams called the joint regular meeting to order at 5:00 p.m., which was legally noticed on November 14, 2024. All Council Present: Susan H. Adams, Mayor Gerard Giudice, Vice Mayor Jackie Elward, Councilmember Samantha Rodriguez, Councilmember Emily Sanborn, Councilmember Staff present: City Manager Piedra, City Attorney Kenyon, Public Safety Director Mattos, Director of Public Works Garrett, Director of Development Services Giudice, Human Resources Director Cannon, Finance Director Howze, Senior Analyst Hopley, Housing Manager Garcia, Arborist Keck, Building Permit Tech II Espino, Code Compliance Officer II Tasseff, Code Compliance Program Manager Stephens, Community Development Technician Blanks, Homeless Service Coordinator Quig, Information Systems Technician Azevedo, and Assistant City Clerk Machado. 2. READING OF THE LAND ACKNOWLEDGMENT Recited by Mayor Adams. 3. PLEDGE OF ALLEGIANCE Led by Mayor Adams. 4. PRESENTATIONS A. Mayor's Proclamation: Honoring Assistant Planner Suzie Azevedo on the Occasion of her Retirement. Mayor Adams read the proclamation and presented it to Assistant Planner Suzie Azevedo. B. Mayor's Proclamation: Honoring Code Compliance Officer II Michelle Tasseff on the Occasion of her Retirement. Mayor Adams read the proclamation and presented it to Code Compliance Officer II Michelle Tasseff. C. Mayor's Proclamation: Proclaiming March 7, 2025 as Arbor Day in the City of Rohnert Park. Mayor Adams read the proclamation and presented it to Director of Public Works Garrett and City Arborist Keck. Item 7.B. City of Rohnert Park Joint Special Meeting Minutes for City Council November 19, 2024 RPFA/CDC Successor Agency Page 2 of 5 5. SSU Student Report By AJ Franklin, Legislative Representative, Sonoma State University Associated Students, Inc. (SSU ASI). AJ Franklin was not present to provide the report. 6. DEPARTMENT HEAD BRIEFINGS 6.A Community Round Table Report for Year 2024 by Director of Public Safety Mattos. Director of Public Safety Mattos shared that he and City Manager Piedra will be evaluating options to revamp the Community Round Table and will bring it back to Council for discussion and direction. 7. PUBLIC COMMENTS Tiffany Russell spoke about the tenants displaced by the fire on October 19 at Chateau Caron Apartments and their experience with the management company. 8. CONSENT CALENDAR 8.A Acceptance of Reports from Finance Department: 1. City Bills/Demands for Payment dated October 29, 2024 through November 11, 2024 2. Successor Agency Cash Report for Month ending September 2024 3. City Cash Report for Month ending September 2024 8.B Approval of Meeting Minutes for City Council/RPFA/Successor Agency Joint Regular Meeting, November 12, 2024 8.C Receive Progress Report on the Status of the Emergency Public Safety Antenna and Radio System Replacement Project (CIP2412), as required by the Public Contract Code and by Minute Order, authorize the continuation of Resolution 2024-051 until the emergency action is completed 8.D Adopt Resolution 2024-101 Appropriating $13,000 from the Unspent Alcohol Beverage Service Ordinance (ABSO) Funds for the Purchase of Radio Communication Equipment to Support Future ABSO Operations 8.E Adopt Resolution 2024-102 Accepting Federal Subgrant Award of $427,507.43 from Building Resilient Infrastructure & Communities (BRIC) Grant Program for the Copeland Creek Detention Basin (CIP0604) ACTION: Moved/seconded (Giudice/Elward) to approve the consent calendar Motion carried by the following unanimous 5-0-0-0 voice vote: AYES: Elward, Rodriguez, Sanborn, Giudice, and Adams, NOES: None, ABSENT: None, ABSTAINS: None. 9. REGULAR ITEMS A. Selection of Officers for 2025: Consideration of Nomination and Election of Mayor and Vice Mayor for the City of Rohnert Park, for One (1) Year Terms, Commencing at the first City Council Regular Meeting in December 2024. Assistant City Clerk Machado presented this item. Recommended Action(s): Nominate and elect the Mayor and Vice Mayor for one (1) year terms commencing at the first regular meeting in December 2024. PUBLIC COMMENTS: None. City of Rohnert Park Joint Special Meeting Minutes for City Council November 19, 2024 RPFA/CDC Successor Agency Page 3 of 5 ACTION: Moved/seconded (Adams/Rodriguez) to nominate and confirm Vice Mayor Giudice as Mayor, for a one (1) year term commencing at the first regular meeting in December 2024 and Councilmember Sanborn for Vice Mayor, for a one (1) year term commencing at the first regular meeting in December 2024. Motion carried by the following unanimous 5-0-0 voice vote: AYES: Giudice, Hollingsworth Adams, Sanborn, Rodriguez, and Elward NOES: None, ABSENT: None, ABSTAINS: None. B. Receive Informational Report and Provide Direction on Pursuing a Funding Application for Homekey+ . Director of Development Services Giudice and Housing Administrator Garcia presented this item. Recommended Action(s): Pursue a joint Homekey+ funding application with Burbank Housing to create permanent supportive housing in Rohnert Park. Rich Wallach from Burbank Housing made a statement regarding this item. Public Comments: Steve Keith and Calum Weeks spoke about this item. ACTION: By consensus (none opposed), Council received the report and directed staff to pursue a joint Homekey+ funding application with Burbank Housing to create permanent supportive housing in Rohnert Park. C. PUBLIC HEARING (Noticed: November 8, 2024) Conduct a Public Hearing to Consider a Request to Name Water Tank After the Retired City Manager, Darrin Jenkins. Director of Public Works Garrett presented this item. Recommended Action(s): Conduct a Public Hearing and take action regarding the request to name the water tank located at 6626 Petaluma Hill Road (Tank #8) after retired City Manager, Darrin Jenkins. Open Public Hearing: 5:51 p.m. Mayor Adams invited retired City Manager Darrin Jenkins to make a statement. Public Comments: None. Closed Public Hearing: 5:53 p.m. ACTION: By consensus (none opposed), Council directed staff to 1) name the water tank located at 6626 Petaluma Hill Road after Darrin Jenkins and determine the exact name. Have staff add the wayfinding signage along Petaluma Hill Road and add a memorial plaque and a plaque describing the history and benefits of the water tank. City of Rohnert Park Joint Special Meeting Minutes for City Council November 19, 2024 RPFA/CDC Successor Agency Page 4 of 5 D. Receive an Informational Update on the progress of Council Multi-Year Goals and Priorities for Fiscal Year 2024/2025. City Manager Piedra presented this item. Recommended Action(s): Receive an Informational Update on the progress of Council Multi- Year Goals and Priorities for Fiscal Year 2024/2025. Public Comments: Steve Keith spoke about this item. Council received the report. E. Consider Adopting a Resolution Authorizing and Approving the Fourth Amendment to the Employment Agreement Between the City of Rohnert Park and Timothy S. Mattos for Public Safety Director Services. City Manager Piedra presented this item. Recommended Action(s): Adopt Resolution 2024-103 Authorizing and Approving the Fourth Amendment to the Employment Agreement Between the City of Rohnert Park and Timothy S. Mattos for Public Safety Director Services. Pursuant to Government Code section 54953(c), City Manager Piedra provided an oral summary report of the salary and compensation, including fringe benefits paid to the Public Safety Director under the terms of this agreement. Public Comments: None. ACTION: Moved/seconded (Rodriguez/Giudice) to adopt Resolution 2024-103. Motion carried by the following unanimous 5-0-0-0 voice vote: AYES: Elward, Rodriguez, Sanborn, Giudice, and Adams, NOES: None, ABSENT: None, ABSTAINS: None. 10. COMMITTEE / LIAISON/ OTHER REPORTS A. City Standing Committees, Council Liaison Assignments, Outside Agency and Mayors & Councilmembers/City Selection Committee Appointments and Reports Under Government Code Section 53232.3(d): • Councilmember Rodriguez reported on the Rohnert Park Chamber of Commerce Board of Directors Meeting (11/19) • Vice Mayor Giudice reported on the Golden Gate Bridge, Highway and Transportation District Transportation Committee, Building and Operating Committee, Finance- Auditing Committee and Rules, Policy and Industrial Relations Committee Meeting (11/14), Golden Gate Bridge, Highway and Transportation District Governmental Affairs and Public Information Committee and Board of Directors Meeting (11/15), the Sonoma County Transportation Authority/Sonoma County Regional Climate Protection Authority Board of Directors (11/18), and the Mayors and Councilmembers' Association Board of Directors Meeting (11/14). • Mayor Adams reported on the Association of Bay Area Governments (ABAG) Executive Board Bi-Monthly Meeting (11/14) and reported the Mayors & Councilmembers Legislative Committee Meeting (11/15) was cancelled. City of Rohnert Park Joint Special Meeting Minutes for City Council November 19, 2024 RPFA/CDC Successor Agency Page 5 of 5 • Councilmember Elward reported on the National League Conference in Tampa Bay, Florida (11/13 to 11/17) 10. COMMUNICATIONS Councilmember Rodriguez shared information on upcoming RPPOSA events, reminded everyone to drive safely with weather and staff putting lights up on Rohnert Park Expressway, shared that the library will have different hours for Thanksgiving week, and Sonoma State University welcomed its first Director of Tribal Relations Elise-Alexandria. Councilmember Rodriguez also shared the Council received a request to sign a solidarity letter. Vice Mayor Giudice shared information on upcoming Rotary of Rohnert Park-Cotati events and toy drive. Mayor Adams invited everyone to join the library program to write letters to seniors. 11. ADDING AGENDA ITEMS TO A FUTURE CITY COUNCIL MEETING AGENDA None. 12. PUBLIC COMMENT None. 13. ADJOURNMENT Mayor Adams adjourned the meeting at 6:44 p.m. _____________________________________ __________________________________ Elizabeth Machado, Assistant City Clerk Susan H. Adams, Mayor City of Rohnert Park City of Rohnert Park ITEM NO. 7.C. 1 Meeting Date: December 10, 2024 Department: Public Safety Submitted By: Tim Mattos, Director Prepared By: Aaron Johnson, Deputy Chief Agenda Title: Receive Progress Report on the Status of the Emergency Public Safety Antenna and Radio System Replacement Project (CIP2412), as required by the Public Contract Code and by Minute Order, authorize the continuation of Resolution 2024-051 until the emergency action is completed. RECOMMENDED ACTIONS: 1. Receive Progress Report on the Status of the Emergency Public Safety Antenna and Radio System Replacement Project (CIP2412), as required by the Public Contract Code and 2. By Minute Order, authorize the continuation of Resolution 2024-051 until the emergency action is completed. BACKGROUND AND ANALYSIS: On June 25, 2024, the Rohnert Park City Council adopted Resolution 2024-051 Declaring an Emergency Project Pursuant to Public Contract Code Sections 20168 and 22050, Amending the Fiscal Year (FY) 2023-24 Capital Improvement Plan to Add the Public Safety Antenna and Radio System Replacement Project (CIP2412) with a project budget of $1,500,000.00, Approving a budget Amendment to Transfer $1,500,000.00 from Non-Departmental Operating Fund, Equipment Over $5,000 to the new CIP2412 Project, and award the Construction Contract to Dailey-Wells. The City Council is required to review the status of this emergency project at each regular meeting of the City Council and vote to authorize the continuation of Resolution 2024-051 until the emergency action is completed. Since the last communication, the contractor has communicated with staff from the County of Sonoma regarding specific locations and requirements for the equipment to be installed. As of this writing, the County will not have any issues with the installation. The next step is getting approved by the County and then being quoted for lease space on Sonoma Mountain. ENVIRONMENTAL ANALYSIS: This action is exempt from the California Environmental Quality Act (“CEQA”) because it does not qualify as a “project” pursuant to Public Resource Code Section 21065 and CEQA Guidelines Sections 15320, 15378 and 15061(b)(3), because it can be seen with certainty that 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. 2 there is no possibility the City’s action would cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Public Safety Antenna and Radio System Replacement Project (CIP2412) involves replacement of existing equipment and is categorically exempt from the requirements CEQA pursuant CEQA Guidelines sections 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction without an increase in use), (14 Cal. Code Regis. §§ 15301, 15302). STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: Presenting this progress report is consistent with the City’s values of communication and integrity and the City’s strategic priority Goal C “Ensure the effective delivery of public services.” OPTIONS CONSIDERED: 1. Receive Progress Report on the Status of the Emergency Public Safety Antenna and Radio System Replacement Project (CIP2412), as required by the Public Contract Code and by Minute Order, authorize the continuation of Resolution 2024-051 until the emergency action is completed. 2. No other options were considered as this action is required by law and by Council Resolution 2024-051. FISCAL IMPACT: There is no fiscal impact associated with this progress report. Department Head Approval Date: 11/28//2024 City Attorney Approval Date: N/A Finance Director Approval Date: N/A City Manager Approval Date: 12/2/2024 Attachments: None. ITEM NO. 7.D. 1 Meeting Date: December 10, 2024 Department: Public Safety Submitted By: Aaron Johnson, Deputy Chief Prepared By: Aaron Johnson, Deputy Chief Agenda Title: Adopt a Resolution Authorizing and Accepting the State of California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant and Amending the FY 2024-2025 Operating and Revenue Budgets RECOMMENDED ACTION: Staff recommends City Council consider the following actions: 1. Adopt a resolution accepting the State of California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program grant agreement. 2. Amend the FY 2024-2025 Public Safety Department program budget expenditures and revenues for grant funds to receive and appropriate $75,000.00 for the OTS STEP grant; and 3. Authorize the City Manager, or designee, to execute any and all agreements on behalf of the City of Rohnert Park, in substantially the form submitted, subject to review and approval as to form by the City Attorney. BACKGROUND: The Public Safety Department has been awarded a one-year Office of Traffic Safety grant totaling $75,000.00. This grant period begins October 1, 2024 and operates through September 30, 2025. In order to ensure the highest benefit and outcome from this grant, the Public Safety Department will be utilizing a number of proven and effective traffic collision reduction strategies specifically concentrating on high-risk driving factors such as DUI, speeding, aggressive driving, and distracted driving enforcement. Operations will be directed at intersections with disproportionately high number of traffic collisions. To achieve the maximum outcome, these strategies are designed to foster media attention, thus enhancing the impact of both education and deterrence. In addition to the increased patrols, this grant also funds the purchase of equipment and refunds some of the costs incurred from enforcement related training. Special enforcement operations to reduce the number of fatalities and serious injury collisions to drivers, motorcyclists and pedestrians will be conducted by addressing traffic violations that are considered primary collision factors. This type of enforcement strategy has been proven to reduce injury collisions in communities across the nation. 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.D. 2 ANALYSIS: By adopting a resolution accepting the OTS STEP grant, the Public Safety Department will be able to deploy its resources strategically to provide maximum enforcement and ensure safer roadways in our community. The Department of Public Safety has executed many comparable grants and has been able to increase traffic enforcement in each of the grant cycles. These additional traffic enforcement hours are made possible because of the long-standing cooperative relationship between the City and the Office of Traffic Safety. ENVIRONMENTAL ANALYSIS: This action is not a Project under the California Environmental Quality Act (“CEQA”). The adoption of the proposed resolutions is exempt from the California Environmental Quality Act (“CEQA”) because it does not qualify as a “project” pursuant to Public Resource Code Section 21065 and CEQA Guidelines Sections 15320, 15378 and 15061(b)(3), and because it can be seen with certainty that there is no possibility the City’s action would cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. STRATEGIC PLAN AND COUNCIL GOALS/PRIORITIES ALIGNMENT: The proposed action is consistent with the City Council Priority 2: Community Quality of Life. Having the appropriate resources allows the City to effectively deliver Public Safety Services. OPTIONS CONSIDERED: 1. Staff recommends adopting a resolution authorizing the City to receive the proposed grant from the Office of Traffic Safety for Selective Traffic Enforcement. 2. Not adopting the resolution. Staff does not recommend this option because it will result in the City not receiving state grant funds, thereby sacrificing 450 hours of available traffic enforcement hours. FISCAL IMPACT/FUNDING SOURCE: The fiscal impact is neutral due to an increase in the program budget of $75,000.00, with corresponding offsetting increase in OTS grant revenue funds of $75,000.00. Department Head Approval Date: 11/12/2024 City Manager Approval Date: 11/22/2024 City Finance Director Approval Date: 11/21/2024 City Attorney Approval Date: N/A Attachments: 1. Grant Agreement 2. Resolution 10/25/2024 3:59:47 PM Page 1 of 19 {{_es_signer2_signature}} {{_es_signer2_date}} {{_es_signer4_signature}} {{_es_signer4_date}} {{_es_signer3_signature}} {{_es_signer3_date}} {{_es_signer6_signature}} {{_es_signer6_date}} State of California – Office of Traffic Safety GRANT AGREEMENT GRANT NUMBER PT25115 1. GRANT TITLE Selective Traffic Enforcement Program (STEP) 2. NAME OF AGENCY 3. Grant Period Rohnert Park From: To: 10/01/2024 09/30/2025 4. AGENCY UNIT TO ADMINISTER GRANT Rohnert Park Department of Public Safety 5. GRANT DESCRIPTION Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. 6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $75,000.00 7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement: • Schedule A – Problem Statement, Goals and Objectives and Method of Procedure • Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable) • Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable) • Exhibit A – Certifications and Assurances • Exhibit B* – OTS Grant Program Manual • Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov. We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. 8. Approval Signatures A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL NAME: TITLE: EMAIL: PHONE: ADDRESS: Adam Strongman Lieutenant astrongman@rpcity.org (707) 588-3529 500 City Center Drive Rohnert Park, CA 94928 ADDRESS: Tim Mattos Chief tmattos@rpcity.org (707) 584-2600 500 City Center Drive Rohnert Park, CA 94928 Nov 7, 2024 Adam Strongman (Nov 7, 2024 17:11 PST) Tim MAttos Nov 8, 2024 Tim MAttos (Nov 8, 2024 11:13 PST) (Signature) (Date) (Signature) (Date) C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY ADDRESS: Aaron Johnson Deputy Chief ajohnson@rpcity.org (707) 584-2600 500 City Center Drive Rohnert Park, CA 94928 ADDRESS: Barbara Rooney Director barbara.rooney@ots.ca.gov (916) 509-3030 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 Nov 8, 2024 Nov 12, 2024 Barbara Rooney (Nov 12, 2024 09:04 PST) (Signature) (Date) (Signature) (Date) 10/25/2024 3:59:47 PM Page 2 of 19 {{_es_signer5_date}} {{_es_signer5_signature}} E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #: REGISTERED ADDRESS: CITY: ZIP+4: CQSKJBN54Y54 130 Avram Avenue Rohnert Park 94928-3126 ADDRESS: 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 10. PROJECTED EXPENDITURES FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES 402PT-25.1 20.600 0521-0890-101 2023 12/23 BA/23 $7,535.00 164AL-25.1 20.608 0521-0890-101 2023 12/23 BA/23 $8,612.00 402PT-25 20.600 0521-0890-101 2024 22/24 BA/24 $27,465.00 164AL-25 20.608 0521-0890-101 2024 22/24 BA/24 $31,388.00 AGREEMENT TOTAL $75,000.00 AMOUNT ENCUMBERED BY THIS DOCUMENT I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above. $75,000.00 PRIOR AMOUNT ENCUMBERED FOR THIS AGREEMENT $ 0.00 OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE Nov 8, 2024 $75,000.00 10/25/2024 3:59:47 PM Page 3 of 19 State of California – Office of Traffic Safety GRANT AGREEMENT Schedule A GRANT NUMBER PT25115 1. PROBLEM STATEMENT The City of Rohnert Park is located in the southern central portion of Sonoma County and is primarily a residential community with commercial businesses comprising roughly one-third of the community. The city is split into two sections by Highway 101, predominantly consisting of commercial businesses and hotels to the west and residential to the east. Rohnert Park is developing its identity as an entertainment destination to continue to increase its draw for Sonoma County and Bay Area counties. Currently, the daytime population normally runs between 45,000-55,000 people; however, the city is home to Sonoma State University which typically brings an additional 11,000 students each year to the community. In The City of Rohnert Park is located in the southern central portion of Sonoma County and is primarily a 2012, the Green Music Center was built at Sonoma State University and since then has been successful in promoting large events that attract musicians and performers year-round. The Green Music Center can hold up to 2500 people. Several of the events sell alcohol, and without hotels within walking distance, patrons are left to ride share or drive themselves. Sonoma State is located on the far-east side of Rohnert Park and attendees must drive through the middle of Rohnert Park to access Highway 101. Sonoma Mountain Village is zoned as a mixed-use property and is home to Credo High School, Sally Tomatoes, Xfinity and AT&T along with many other businesses. Sally Tomatoes classifies themselves as an event center and while it is a restaurant during the day and evening time, they also cater to large events. As of 2014 they began hosting concerts during the summer. The venue can hold up to approximately 1500 people and again attendees often drive through Rohnert Park to gain access to Hwy 101. Sonoma Mountain Village also hosts many special events such as Waves to Wine, a fundraiser for multiple sclerosis that attracts over 1,600 bicyclists in addition to spectators to the area. They have also started their development of the property to be a mixed-use high density residential and commercial location. The city has begun to see the impact of the additional vehicle, bicycle, and pedestrian traffic they bring. Located on the west side of Rohnert Park is the Graton Casino. This casino is one of the largest in the Bay Area costing $825 million and encompassing 320,000 square feet. Its doors opened November 5, 2013, and it has continuously drawn tens of thousands of people each week. In November of 2016, it debuted a 300,000 square foot, hotel and spa. According to Graton officials the casino draws close to 10 million patrons per year, and as of 2023, Graton Casino has broken ground on a second wing which will be additional hotel rooms and parking to accommodate the expansion of the gaming floor which will attract more patrons traveling to the casino on the roadway. The alcohol related incidents that the City of Rohnert Park has experienced since the opening of the casino have been on a steady rise. The local motels/hotels within Rohnert Park are continually filled to capacity which poses a pedestrian problem. Two new hotels have been completed and are now open, and two additional hotels are currently planned all on the west side of the city. Several of the occupants of the motels/hotels walk to the casino which poses safety concerns when drinking and walking/driving in Rohnert Park. The city also recently received a grant to build and operate a 60-unit interim housing facility on the west side of the city for individuals experiencing homelessness, which was opened in October of 2022. The facility is near hotels, businesses, and the casino, and will create additional pedestrian and bicycle traffic in the area. Several large residential subdivisions that have broken ground over the last few years have been built and are occupied, while more continue to be built. The three new neighborhoods as well as new apartment complexes that have been completed, and other apartment complexes still being built, continue to significantly increase the population in the city. With this increase comes more traffic in and around schools and the rest of the city as these subdivisions don’t have shopping near them. This forces residents to use one of the three major arteries in town to conduct their shopping. There are other light industrial projects as well as residential developments currently in development that will continue to increase the daily and overall population in the city. With all of this growth over the last several years we had seen a rise in traffic crashes prior to the COVID-19 pandemic. Listed below are the current crash data statistics for the City of Rohnert Park. In 2021, there were a total of 85 injury related crashes. In 2022 we had an increase to 112 crashes resulting in injury. In 2023 we saw a decrease with 90 injury related 10/25/2024 3:59:47 PM Page 4 of 19 crashes. The number of victims also decreased in 2023 to 109 from 260 in 2022. The numerous OTS operations conducted during the 2023 grant cycle were a direct reflection of the reduction in injury related crashes. In the last several years the City of Rohnert Park has continued a strong recruitment for new officers. Because Rohnert Park Public Safety Officers are dual trained in police and fire fighting, it typically takes a new officer two years before their training is complete. The OTS support allows officers to specifically target traffic related areas in the city that would not otherwise be available on a regular shift. In 2024, the City of Rohnert Park and the Department of Public Safety will continue our partnership with our local high schools and Sonoma State University with in person learning occurring again to increase education efforts with the student population in regard to drinking and driving. The City of Rohnert Park will also continue working with elementary and middle schools, educating the students and enforcing bicycle/pedestrian safety laws. OTS support allows the City of Rohnert Park to maintain the traffic safety objectives, as well as focus attention on impaired driving as our community is a large target for these dangerous activities. 2. PERFORMANCE MEASURES A. Goals: 1. Reduce the number of persons killed in traffic crashes. 2. Reduce the number of persons injured in traffic crashes. 3. Reduce the number of pedestrians killed in traffic crashes. 4. Reduce the number of pedestrians injured in traffic crashes. 5. Reduce the number of bicyclists killed in traffic crashes. 6. Reduce the number of bicyclists injured in traffic crashes. 7. Reduce the number of persons killed in alcohol-involved crashes. 8. Reduce the number of persons injured in alcohol-involved crashes. 9. Reduce the number of persons killed in drug-involved crashes. 10. Reduce the number of persons injured in drug-involved crashes. 11. Reduce the number of persons killed in alcohol/drug combo-involved crashes. 12. Reduce the number of persons injured in alcohol/drug combo-involved crashes. 13. Reduce the number of motorcyclists killed in traffic crashes. 14. Reduce the number of motorcyclists injured in traffic crashes. 15. Reduce hit & run fatal crashes. 16. Reduce hit & run injury crashes. 17. Reduce nighttime (2100 - 0259 hours) fatal crashes. 18. Reduce nighttime (2100 - 0259 hours) injury crashes. B. Objectives: Target Number 1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at pio@ots.ca.gov, and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release. 1 2. Participate and report data (as required) in the following campaigns; Quarter 1: National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month. 12 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 4 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 4 10/25/2024 3:59:47 PM Page 5 of 19 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training (classroom and field training must be completed). 1 7. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained. 2 8. Conduct DUI Saturation Patrol operation(s). 18 9. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations. 8 10. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting. 4 11. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 2 12. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 5 13. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety. 2 14. Participate in highly visible collaborative DUI Enforcement operations. 1 15. Participate in highly visible collaborative Traffic Enforcement operations. 2 16. Send law enforcement personnel to DUI Checkpoint Planning and Management training. 1 17. Conduct specialized enforcement operations focusing specifically on street racing and sideshow activities. 1 3. METHOD OF PROCEDURE A. Phase 1 – Program Preparation (1st Quarter of Grant Year) • The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section. • All training needed to implement the program should be conducted in the first quarter. • All grant related purchases needed to implement the program should be made in the first quarter. • In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly. • Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations. Media Requirements: Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO. B. Phase 2 – Program Operations (Throughout Grant Year) 10/25/2024 3:59:47 PM Page 6 of 19 • The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes. Media Requirements The following requirements are for all grant-related activities: • Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at pio@ots.ca.gov for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated. • Send all Powerpoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at pio@ots.ca.gov for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process. • The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator. • Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material. However, copy the OTS PIO at pio@ots.ca.gov and your OTS grant coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public. • If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at pio@ots.ca.gov for approval and copy to your OTS grant coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated. • Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.). • Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at pio@ots.ca.gov and your OTS grant coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email. • Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at pio@ots.ca.gov for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date. • Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval. • Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at pio@ots.ca.gov and copy your OTS grant coordinator for approval prior to the production or duplication. • Use the following standard language in all press, media, and printed materials, space permitting: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. 10/25/2024 3:59:47 PM Page 7 of 19 • Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo. • Email the OTS PIO at pio@ots.ca.gov and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event. If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs. • Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year. • For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website. • Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted. C. Phase 3 – Data Collection & Reporting (Throughout Grant Year) 1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30) 2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30) • Collect and report quarterly, appropriate data that supports the progress of goals and objectives. • Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments. • Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities. • Collect, analyze and report statistical data relating to the grant goals and objectives. 4. METHOD OF EVALUATION Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed. 5. ADMINISTRATIVE SUPPORT This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion. 10/25/2024 3:59:47 PM Page 8 of 19 State of California – Office of Traffic Safety GRANT AGREEMENT Schedule B GRANT NUMBER PT25115 FUND NUMBER CATALOG NUMBER (CFDA) FUND DESCRIPTION TOTAL AMOUNT 402PT-25 20.600 State and Community Highway Safety $35,000.00 164AL-25 20.608 Minimum Penalties for Repeat Offenders for Driving While Intoxicated $40,000.00 COST CATEGORY FUND NUMBER UNIT COST OR RATE UNITS TOTAL COST TO GRANT A. PERSONNEL COSTS Straight Time $0.00 Overtime 164AL-25 $6,750.00 2 $13,500.00 DUI/DL Checkpoints DUI Saturation Patrols 164AL-25 $1,258.92 18 $22,661.00 Collaborative DUI Enforcement 164AL-25 $839.28 1 $839.00 Traffic Enforcement 402PT-25 $1,258.92 8 $10,071.00 Distracted Driving 402PT-25 $1,258.92 4 $5,036.00 Motorcycle Safety 402PT-25 $839.28 2 $1,679.00 Pedestrian and Bicycle Enforcement 402PT-25 $839.28 5 $4,196.00 Traffic Safety Educational Presentations 402PT-25 $839.28 2 $1,679.00 Collaborative Traffic Enforcement 402PT-25 $839.28 2 $1,679.00 Street Racing and Sideshow Enforcement Operations 402PT-25 $1,678.56 1 $1,679.00 Category Sub-Total $63,019.00 B. TRAVEL EXPENSES In State Travel 402PT-25 $4,181.00 1 $4,181.00 $0.00 Category Sub-Total $4,181.00 C. CONTRACTUAL SERVICES $0.00 Category Sub-Total $0.00 D. EQUIPMENT $0.00 Category Sub-Total $0.00 E. OTHER DIRECT COSTS DUI Checkpoint Supplies 164AL-25 $3,000.16 1 $3,000.00 Radar Device 402PT-25 $2,400.00 2 $4,800.00 Category Sub-Total $7,800.00 F. INDIRECT COSTS $0.00 Category Sub-Total $0.00 GRANT TOTAL $75,000.00 10/25/2024 3:59:47 PM Page 9 of 19 State of California – Office of Traffic Safety GRANT AGREEMENT Schedule B-1 GRANT NUMBER PT25115 BUDGET NARRATIVE PERSONNEL COSTS DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Traffic Safety Educational Presentations - Overtime for grant funded traffic safety educational presentations conducted by appropriate department personnel. Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel Street Racing and Sideshow Enforcement Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. TRAVEL EXPENSES In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include Lifesavers in Long Beach and the OTS Traffic Safety Law Enforcement Forum. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds. CONTRACTUAL SERVICES - EQUIPMENT - OTHER DIRECT COSTS DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping). Radar Device - To measure the speed of motor vehicles. This device will be used for speed enforcement. INDIRECT COSTS - STATEMENTS/DISCLAIMERS There will be no program income generated from this grant. 10/25/2024 3:59:47 PM Page 10 of 19 Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under. 10/25/2024 3:59:47 PM Page 11 of 19 State of California – Office of Traffic Safety GRANT AGREEMENT Exhibit A GRANT NUMBER PT25115 Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following: GENERAL REQUIREMENTS The State will comply with applicable statutes and regulations, including but not limited to: • 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended; • Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; • 23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs; • 2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; • 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. NONDISCRIMINATION (applies to all subrecipients as well as States) The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation— Effectuation of Title VI of the Civil Rights Act of 1964); • 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); • The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally-funded or not); • Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP)); • Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and • Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation). The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively. GENERAL ASSURANCES 10/25/2024 3:59:47 PM Page 12 of 19 In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that: “No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.” The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted. SPECIFIC ASSURANCES More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program: 1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. 2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source: “The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.” 3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations. 4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property. 7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. 8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods: a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property. 9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review 10/25/2024 3:59:47 PM Page 13 of 19 upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient. THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103) The Subgrantee will provide a drug-free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation, and employee assistance programs; 4. The penalties that may be imposed upon employees for drug violations occurring in the workplace; 5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will— 1. Abide by the terms of the statement; 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted— 1. Taking appropriate personnel action against such an employee, up to and including termination; 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above. POLITICAL ACTIVITY (HATCH ACT) (applies to all subrecipients as well as States) The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to all subrecipients as well as States) CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; 3. The undersigned shall require that the language of this certification be included in the award documents for all sub- awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 10/25/2024 3:59:47 PM Page 14 of 19 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. RESTRICTION ON STATE LOBBYING (applies to subrecipients as well as States) None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to all subrecipients as well as States) INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES) 1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. 4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS— PRIMARY TIER COVERED TRANSACTIONS 10/25/2024 3:59:47 PM Page 15 of 19 1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website ( https://www.sam.gov/). 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION— LOWER TIER COVERED TRANSACTIONS 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 10/25/2024 3:59:47 PM Page 16 of 19 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. BUY AMERICA (applies to subrecipients as well as States) The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation. CERTIFICATION ON CONFLICT OF INTEREST (applies to subrecipients as well as States) GENERAL REQUIREMENTS No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy: 1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations. 2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct. DISCLOSURE REQUIREMENTS No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy: 1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict. 2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict. 3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States) The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. 10/25/2024 3:59:47 PM Page 17 of 19 POLICY ON SEAT BELT USE In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references. POLICY ON BANNING TEXT MESSAGING WHILE DRIVING In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company- owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. 10/25/2024 3:59:47 PM Page 18 of 19 State of California – Office of Traffic Safety OTS-55 Grant Electronic Management System (GEMS) Access Exhibit C GRANT NUMBER PT25115 INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS 1. Each agency is allowed a total of FIVE (5) GEMS Users. 2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims. 3. Complete the form if adding, removing or editing a GEMS user(s). 4. The Grant Director must sign this form and return it with the Grant Agreement. GRANT DETAILS Grant Number: PT25115 Agency Name: Rohnert Park Department of Public Safety Grant Title: Selective Traffic Enforcement Program (STEP) Agreement Total: $75,000.00 Authorizing Official: Tim Mattos Fiscal Official: Aaron Johnson Grant Director: Adam Strongman CURRENT GEMS USER(S) 1. Kieran Keaney Title: Sergeant Media Contact: Yes Phone: (707) 584-2600 Email: kkeaney@rpcity.org 2. Jerrod Marshall Title: Traffic Sergeant Media Contact: Yes Phone: (707) 584-2600 Email: jmarshall@rpcity.org 3. Adam Strongman Title: Lieutenant Media Contact: Yes Phone: (707) 588-3529 Email: astrongman@rpcity.org 10/25/2024 3:59:47 PM Page 19 of 19 {{[]c1_es_:signer1}} {{[]c2_es_:signer1}} {{[]c11_es_:signer1}} {{[] c12_es_:signer1}} {{UserName1_es_:signer1 }} {{UserTitle1_es_:signer1 }} {{UserEmail1_es_:signer1 }} {{UserPhone1_es_:signer1 }} {{[]c3_es_:signer1}} {{[]c4_es_:signer1}} {{[]c13_es_:signer1}} {{[]c14_es_:signer1}} {{UserName2_es_:signer1 }} {{UserTitle2_es_:signer1 }} {{UserEmail2_es_:signer1 }} {{UserPhone2_es_:signer1 }} {{[]c5_es_:signer1}} {{[]c6_es_:signer1}} {{[]c15_es_:signer1}} {{[]c16_es_:signer1}} {{UserName3_es_:signer1 }} {{UserTitle3_es_:signer1 }} {{UserEmail3_es_:signer1 }} {{UserPhone3_es_:signer1 }} {{[]c8_es_:signer1}} {{[]c7_es_:signer1}} {{[]c17_es_:signer1}} {{[]c18_es_:signer1}} {{UserName4_es_:signer1 }} {{UserTitle4_es_:signer1 }} {{UserEmail4_es_:signer1 }} {{UserPhone4_es_:signer1 }} {{[]c9_es_:signer1}} {{[]c10_es_:signer1}} {{[]c19_es_:signer1}} {{[]c20_es_:signer1}} {{UserName5_es_:signer1 }} {{UserTitle5_es_:signer1 }} {{UserEmail5_es_:signer1 }} {{UserPhone5_es_:signer1 }} {{Sig_es_:signer1:signature}} {{Dte1_es_:signer1:date}} {{Sig_es_:signer2:signature}} {{Name1_es_:signer2:fullname }} {{Dte2_es_:signer2:date}} Complete the below information if adding, removing or editing a GEMS user(s) GEMS User 1 Add/Change Remove Access Add as a media contact? Yes No Name Job Title Email address Phone number GEMS User 2 Add/Change Remove Access Add as a media contact? Yes No Name Job Title Email address Phone number GEMS User 3 Add/Change Remove Access Add as a media contact? Yes No Name Job Title Email address Phone number GEMS User 4 Add/Change Remove Access Add as a media contact? Yes No Name Job Title Email address Phone number GEMS User 5 Add/Change Remove Access Add as a media contact? Yes No Name Job Title Email address Phone number Form completed by: Adam Strongman (Nov 7, 2024 17:09 PST) Date: Nov 7, 2024 As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access. Adam Strongman (Nov 7, 2024 17:11 PST) Adam Strongman Signature Name Nov 7, 2024 Grant Director Date Title Created: 2024-10-25 By: Status: Transaction ID: Mark Talan (mark.talan@ots.ca.gov) Signed CBJCHBCAABAAF_5vWwRiJ-GVNQADxFCPW_UaFWfJkHOk Grant Agreement - PT25115 Final Audit Report 2024-11-12 "Grant Agreement - PT25115" History Document created by Mark Talan (mark.talan@ots.ca.gov) 2024-10-25 - 11:00:00 PM GMT Document emailed to astrongman@rpcity.org for signature 2024-10-25 - 11:00:09 PM GMT Email viewed by astrongman@rpcity.org 2024-10-25 - 11:01:11 PM GMT Email viewed by astrongman@rpcity.org 2024-11-02 - 9:25:50 AM GMT Email viewed by astrongman@rpcity.org 2024-11-05 - 6:44:29 PM GMT Email viewed by astrongman@rpcity.org 2024-11-07 - 5:06:23 PM GMT Signer astrongman@rpcity.org entered name at signing as Adam Strongman 2024-11-08 - 1:09:45 AM GMT Document e-signed by Adam Strongman (astrongman@rpcity.org) Signature Date: 2024-11-08 - 1:09:47 AM GMT - Time Source: server Document emailed to astrongman@rpcity.org for signature 2024-11-08 - 1:09:49 AM GMT Email viewed by astrongman@rpcity.org 2024-11-08 - 1:10:14 AM GMT Signer astrongman@rpcity.org entered name at signing as Adam Strongman 2024-11-08 - 1:11:40 AM GMT Document e-signed by Adam Strongman (astrongman@rpcity.org) Signature Date: 2024-11-08 - 1:11:42 AM GMT - Time Source: server Document emailed to Aaron Johnson (ajohnson@rpcity.org) for signature 2024-11-08 - 1:11:45 AM GMT Email viewed by Aaron Johnson (ajohnson@rpcity.org) 2024-11-08 - 1:11:52 AM GMT Document e-signed by Aaron Johnson (ajohnson@rpcity.org) Signature Date: 2024-11-08 - 1:14:37 PM GMT - Time Source: server Document emailed to tmattos@rpcity.org for signature 2024-11-08 - 1:14:39 PM GMT Email viewed by tmattos@rpcity.org 2024-11-08 - 1:14:48 PM GMT Signer tmattos@rpcity.org entered name at signing as Tim MAttos 2024-11-08 - 7:13:23 PM GMT Document e-signed by Tim MAttos (tmattos@rpcity.org) Signature Date: 2024-11-08 - 7:13:25 PM GMT - Time Source: server Document emailed to Jessica Chan (jessica.chan@ots.ca.gov) for signature 2024-11-08 - 7:13:27 PM GMT Email viewed by Jessica Chan (jessica.chan@ots.ca.gov) 2024-11-08 - 7:31:11 PM GMT Document e-signed by Jessica Chan (jessica.chan@ots.ca.gov) Signature Date: 2024-11-08 - 7:31:51 PM GMT - Time Source: server Document emailed to Barbara Rooney (barbara.rooney@ots.ca.gov) for signature 2024-11-08 - 7:31:54 PM GMT Email viewed by Barbara Rooney (barbara.rooney@ots.ca.gov) 2024-11-12 - 5:04:38 PM GMT Document e-signed by Barbara Rooney (barbara.rooney@ots.ca.gov) Signature Date: 2024-11-12 - 5:04:52 PM GMT - Time Source: server Agreement completed. 2024-11-12 - 5:04:52 PM GMT RESOLUTION NO. 2024-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND ACCEPTING THE STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT AND AMENDING THE FY 2024-2025 OPERATING AND REVENUE BUDGETS WHEREAS, the Rohnert Park Department of Public Safety has conducted numerous enforcement programs to ensure compliance with vehicle laws; WHEREAS, the Public Safety Department has been awarded a State of California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) grant for total award of $75,000,($40,000 under Catalog of Federal Domestic Assistance (CFDA) Number 20.608 and $35,000 under CFDA number 20.600) (hereinafter “OTS STEP Grant”); WHEREAS, the OTS STEP Grant has been awarded to fund the Rohnert Park Department of Public Safety’s focused and increased enforcement to reduce the number of persons injured and killed in traffic collisions beginning October 1, 2024 through September 30, 2025; and, WHEREAS, the Public Safety Department seeks Council authority to accept the OTS STEP Grant. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert Park does hereby authorize and accept the OTS STEP Grant, and further authorizes the Director of Finance, or designee, to increase appropriations according to the table below, in the amount of $75,000, and to make any other accounting adjustments necessary to execute the OTS STEP Grant in accordance with applicable laws. Description Amount PS State Grant & Reimbursement $ 75,000.00 Revenue Total Increase $ 75,000.00 PS Grants Overtime $ 63,019.00 PS Grants Training & Travel $ 4,181.00 PS Grants Special Dept Expense $ 7,800.00 Operating Expense Total Increase $ 75,000.00 BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to take all actions to effectuate this OTS STEP Grant for and on behalf of the City of Rohnert Park. Resolution 2024-104 Page 2 of 2 DULY AND REGULARLY ADOPTED this 10th day of December 2024. CITY OF ROHNERT PARK ____________________________________ ATTEST: Susan H. Adams, Mayor ______________________________ Sylvia Lopez Cuevas, City Clerk APPROVED AS TO FORM: ______________________________ Michelle M. Kenyon, City Attorney ELWARD: _________ RODRIGUEZ: _________SANBORN: _________ GIUDICE: _________ ADAMS: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ITEM NO. 7.E. 1 Meeting Date: December 10, 2024 Department: Public Works Submitted By: Vanessa Garrett, Director of Public Works Prepared By: Angie Smith, Purchasing Agent Agenda Title: Adopt a Resolution Disposing of Retired Vehicles/Equipment through Surplus Sale, and Adopt a Resolution to Transfer and Appropriate Funds from the Vehicle/Equipment Replacement Fund to the General Fund for the Purchase of One (1) Replacement Patrol Vehicle Including Equipment Build-out in the Amount of $87,000; Authorize the Purchase of Six (6) New Public Safety Vehicles including Equipment Build-out not to exceed $550,000; Authorize the Director of Finance to move current appropriations from Non-Departmental to the Department using the vehicle; and Authorize the City Manager to Execute all Purchase Documentation RECOMMENDED ACTION: 1) Adopt a Resolution for Disposal of Retired Vehicles/Equipment through Surplus Sale 2) Adopt a Resolution to Transfer and Appropriate Funds from the Vehicle/Equipment Replacement Fund to the General Fund for the Purchase of One (1) Replacement Patrol Vehicle Including Equipment Build-out in the Amount of $87,000; Authorize the Purchase of Six (6) New Public Safety Vehicles including Equipment Build-out not to exceed $550,000; Authorize the Director of Finance to move current appropriations from the Non-Departmental budget to the fund using the vehicle; and Authorize the City Manager to Execute all Purchase Documentation. BACKGROUND: In line with the Vehicle Replacement Policy and the City’s insurance, staff have the following actions requiring Council approval since the budget was adopted for Fiscal Year 2024/25: Surplus Sale Staff has several vehicles ready for disposal once replacement vehicles arrive. Per the Fiscal Policy Vehicle/Equipment Replacement 201.008, Approved by Resolution 2024-089. Retired Vehicles shall be disposed of through surplus sale by Resolution of the City Council. Unplanned Vehicle Replacement Public Safety patrol vehicle unit 37 a 2015 Ford Explorer, was totaled in an accident on October 24, 2022. California Intergovernmental Risk Authority (CIRA) submitted the final loss payout to the City for $63,407.46. The cost to replace the vehicle including equipment build-out is $87,000. 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.E. 2 Planned Vehicle Replacement Fiscal year 2024/25 budget includes funds to purchase, six (6) Special Service Police vehicles for the Department of Public Safety. The Department is now requesting to purchase five (5) Police Interceptor Utility Vehicles and one (1) Electric Truck to replace the six existing vehicles that have reached the end of their useful service life. ANALYSIS: For each action, staff have analyzed and compiled recommendations as shown below: Surplus Sale As per the Vehicle/Equipment Replacement Policy the City’s Fleet Services Supervisor as delegated by the Public Works Director, has determined there are a total of twenty-nine (29) vehicles/equipment that have reached the end of their useful life and should be retired and disposed of by surplus sale in fiscal year 2024/25. Staff recommends that the City Council authorize the retirement of these vehicles. Unplanned and Planned Vehicle Replacement Due to the unexpected damage of Unit 37, funds will need to be appropriated ($87,000) in order to purchase a replacement vehicle. The funds from CIRA ($63,407.46) will be deposited into the Vehicle/Equipment Replacement Fund to reimburse the expense. The balance of the funds ($23,592.54) will come from funds collected for Unit 0037 that have been set aside each fiscal year since the original purchase, anticipating replacement in 2025. If approved, funds will be transferred from the Vehicle/Equipment Replacement Fund to the General Fund Public Safety Department to purchase a replacement vehicle. Additionally, we are seeking approval to move appropriations already budgeted for the planned vehicle replacement from the Non-departmental Budget to the Departmental Budgets that will be using the vehicle. This will provide a better accounting and history of where vehicles are being replaced. The purchase of the replacement vehicle for Unit 37 and the six (6) new budgeted vehicles in FY 2024/25 would all be purchased through Downtown Ford of Sacramento, CA with the equipment build-outs completed through Lehr and Dailey Wells. Per City Purchasing Policy 2.04.001, Resolution 2022-052 the City can purchase these vehicles through a Cooperative Purchase Agreement with the State of California per Contract # 1-22-23-20F with the authorized dealer Downtown Ford of Sacramento, CA. Vehicle equipment build-outs are completed once purchased. Vehicle build-outs are completed qualified police equipment installer Lehr of Pittsburg, CA, radio equipment is purchased through the authorized distributor of Harris Law Enforcement Radios, Dailey Wells of San Antonio, TX. Staff recommends approving the purchases and fund allocations as noted above. ENVIRONMENTAL ANALYSIS: This action is not a Project under the California Environmental Quality Act (“CEQA”). The adoption of the proposed resolutions is exempt from the California Environmental Quality Act (“CEQA”) because it does not qualify as a “project” pursuant to Public Resource Code Section 21065 and CEQA Guidelines Sections 15320, 15378 and 15061(b)(3), and because it can be seen with certainty that there is no possibility the City’s action would cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. ITEM NO. 7.E. 3 STRATEGIC PLAN AND COUNCIL GOALS/PRIORITIES ALIGNMENT: The proposed action is consistent with the City Council Priority 2: Community Quality of Life. Having reliable police vehicles/equipment allows the City to effectively deliver Public Safety Services. OPTIONS CONSIDERED: 1. Recommended Option: Staff recommends retiring of 29 vehicles/equipment that have reached the end of their useful lifecycle and purchasing six (6) new vehicles that meet the emerging technology and growing environmental needs from the department using the vehicles. In addition, staff recommends replacing the destroyed Unit 37. Staff also recommends that the budget for the purchases be moved to the department using the vehicles. 2. Alternative: City could continue to operate vehicles beyond the recommended lifecycle, and not replace the destroyed unit. Staff does not recommend this option as vehicles selected to be retired and replaced, have met the requirements of the Vehicle/Equipment Replacement Policy and/or have mechanical failure or vehicle damage. FISCAL IMPACT/FUNDING SOURCE: Per City Council Vehicle/Equipment Replacement Policy No. 2.01.008, Resolution No. 2024-089, replacement funds will be set aside each fiscal year in the Vehicle Replacement Fund in amounts based on each vehicle’s projected replacement value and expected service life. These set asides are available to fund the requested purchases. Funds received from the disposal of retired vehicles/equipment through surplus sale, will be deposited in the Vehicle/Equipment Replacement Fund to help offset future purchases of new or damaged vehicles/equipment. With the insurance loss payout from CIRA for Unit 37, the purchase of a new patrol vehicle including equipment build-out would require funding in the amount of $87,000 from the Vehicle/Equipment Replacement Fund to cover the full replacement cost. Funds will need to be transferred for the Vehicle Replacement Fund and appropriated in the General Fund for the full replacement cost in fiscal year 2024/25. Purchase of One (1) Special Service Police Vehicle (Downtown Ford) $55,599.65 Equipment Build-out including Radio (Lehr and Dailey Wells) $31,289.10 Contingency (For unforeseen price increases) $111.55 TOTAL REQUESTED FUNDS $87,000.00 The purchase of six (6) vehicles budgeted in FY 2024/25 will be funded by the City’s Vehicle Replacement Fund 10001399-81550, which has $604,000 budgeted for purchase this purchase. The requested not-to-exceed amount of $550,000, will cover any unforeseen costs in equipment, taxes or delivery fees. Purchase of Six (6) Special Service Police Vehicles (Downtown Ford) $358,309.86 Equipment Build-outs including Radios (Lehr and Dailey Wells) $175,756.47 Contingency (For unforeseen price increases) $ 15,000.00 TOTAL ANTICIPATED COST $549,066.33 Department Head Approval Date: 11/20/2024 Garrett ITEM NO. 7.E. 4 Finance Approval Date: 11/18/2024 Howze City Attorney Approval Date: N/A City Manager Approval Date: 11/21/2024 Attachments: 1. Resolution 2024-105 Re Disposal of Retired Vehicles a. Exhibit A Re: Retired/Disposal Vehicle List 2. Resolution 2024-106 To Transfer and Appropriate Funds a. Exhibit A CIRA Unit 37 Final Proof of Loss b. Exhibit B.1 Downtown Ford Quotes c. Exhibit B.2 Lehr Quotes d. Exhibit B.3 Dailey Wells Quote RESOLUTION NO. 2024-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK FOR THE DISPOSAL OF RETIRED VEHICLES/EQUIPMENT THROUGH SURPLUS SALE WHEREAS, Per the Fiscal Policy Vehicle/Equipment Replacement 201.008, Approved by Resolution 2024-089, Retired Vehicles/Equipment shall be disposed of through surplus sale by Resolution of the City Council. WHEREAS, The City’s Fleet Services Supervisor as delegated by the Public Works Director, has determined there are twenty-nine (29) vehicles/equipment that have reached the end of their useful life and should be retired and disposed of by surplus sale in fiscal year 2024/25; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve the disposal of retired vehicles/equipment, through surplus sale as listed on Exhibit A. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 10th day of December 2024. CITY OF ROHNERT PARK ____________________________________ ATTEST: Susan H. Adams, Mayor ______________________________ Sylvia Lopez Cuevas, City Clerk APPROVED AS TO FORM: ______________________________ Michelle M. Kenyon, City Attorney Attachments: Exhibit A ELWARD: _________ RODRIGUEZ: _________SANBORN: _________ GIUDICE: _________ ADAMS: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) EXHIBIT A Resolution 2024-XXX 1 RESOLUTION NO. 2024-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK TO TRANSFER AND APPROPRIATE FUNDS FROM THE VEHICLE/EQUIPMENT REPLACEMENT FUND TO THE GENERAL FUND FOR THE PURCHASE OF ONE (1) REPLACEMENT PATROL VEHICLE INCLUDING EQUIPMENT BUILD-OUT IN THE AMOUNT OF $87,000; AUTHORIZE THE PURCHASE OF SIX (6) NEW PUBLIC SAFETY VEHICLES INCLUDING EQUIPMENT BUILD-OUT NOT TO EXCEED $550,000; AUTHORIZE THE DIRECTOR OF FINANCE TO MOVE CURRENT APPROPRIATIONS FROM THE NON-DEPARTMENTAL BUDGET TO THE FUND USING THE VEHICLE; AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL PURCHASE DOCUMENTATION WHEREAS, Public Safety Patrol Vehicle Unit 37, 2015 Ford Explorer, was totaled in an accident on October 24, 2022. California Intergovernmental Risk Authority (CIRA) loss payout to the City is $63,407.46; cost to purchase replacement vehicle including equipment build-out is $87,000; and WHEREAS, the $63,407.46 in CIRA funds will be deposited into the Vehicle/Equipment Replacement Fund and an additional $23,592 is needed from the Vehicle/Equipment Replacement Fund for the purchase of the unplanned vehicle replacement of Patrol Vehicle Unit 37; and WHEREAS, staff is seeking approval to move appropriations already budgeted for the planned vehicle replacement from the Non-departmental Budget to the Departmental Budgets that will be using the vehicle to provide a better accounting and history of where vehicles are being replaced. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve the Director of Finance to transfer and appropriate funds from the Vehicle/Equipment Replacement Fund to the General Fund for the Purchase of One (1) Replacement Patrol Vehicle Including Equipment Build-out in the Amount of $87,000; and the planned purchase of six (6) New Public Safety Vehicles including Equipment Build-out not to exceed $550,000. BE IT FURTHER RESOLVED that the Director of Finance is authorized to move current appropriations from the Non-Departmental budget to the fund using vehicle; and the City Manager is hereby authorized and directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 10th day of December, 2024. CITY OF ROHNERT PARK ____________________________________ Susan H. Adams, Mayor Resolution 2024-106 Page 2 of 2 ATTEST: ______________________________ Sylvia Lopez Cuevas, City Clerk APPROVED AS TO FORM: ______________________________ Michelle M. Kenyon, City Attorney Attachments: Exhibit A, Exhibit B1 – B3 ELWARD: _________ RODRIGUEZ: _________SANBORN: _________ GIUDICE: _________ ADAMS: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) EXHIBIT A Exhibit B1 DOWNTOW �SACRA ENTO KD110525 525 N16TH STREET, SACRAMENTO, CA 95811 PHONE: 916-299-3529 Customer Name CITY OF ROHNERT PARK Address 130 AVRAM AVE City ROHNERT PARK State CA Phone ATTN: MARTIN & ANGIE Qty Description 1 2025 FORD LIGHTNING PRO 4X4 Zip 94928 STATE OF CALIFORNIA CONTRACT 1-22-23-20F CLIN 42 EXTERIOR COLOR: WHITE OPTIONS PRICING BELOW SUBJECT TO CHANGE 1 1 CHANGE TO FLASH TRIM -EXTENDED RANGE 1 . SPARE WHEEL AND TIRE 1 POWER CORD 1 SPRAY BEDLINER 3 EXTRA KEYS (TOTAL OF 5 PER VEHICLE) DOC FEE SALES TAX CALCULATED AT 9.5% BASED ON REGISTRATION ADDRESS Pavment Details O Cash @ Check 0 Credit Card Name CC# Expires Q U OT E !!!!!!!!!!!!! rf>ATE 11/5/2024 SALES REP KAYLA PHONE 916-717-0362 FOB ROHNERT PARK Unit Price $48,817.00 $21,347.00 $186.00 $528.00 $628.00 $399.00 $85.00 SubTotal DELIVERY SALES TAX CA Tire Tax TOTAL Office Use Only TOTAL $48,817.00 $21,347.00 $186.00 $528.00 $628.00 $1,197.00 $85.00 $72,788.00 $600.00 $6,914.86 $8.75 sao,311.61 I $500 DISCOUNT WITH PAYMENT IN 20 DAYS SIGNATURE DATE .._1 ___ _.1 661 Garcia Avenue Pittsburg, CA 94565 Phone:925-370-2144 Fax:925-370-2087 Sell To: Ship Via City of Rohnert Park 600 Enterprise Drive Rohnert Park, CA 94928 USA Phone:707-588-3300 Tax ldent. Type Vehicle Information: FORD PIU Installation at Lehr Leg a I Entity Exhibit B.2 Ship To: Quote Number: Document Date: Terms: Payment Method: City of Rohnert Park 600 Enterprise Drive Rohnert Park, CA 94928 USA Phone: Customer ID Sales Person Item No. Description Quantity BK2019ITU20 EX0011 SAK75D EB8DEDE-LEHR STPKT105 AP-MMF-CG-Q-S11-BL MB8U CC-UV20-L-18 AC-INBHG FP-WCENCOM-JD FP-H-XL200M-R FP-BLNK4 FP-BLNK2 FP-BLNK1 MMSU-1 C-HDM-202 C-HDM-401 C-MD-119 C-HDM-1006 7160-0909-07 2025 Ford Utility Interceptor-Supervisor Front End Equipment Setina PB450L4 Lighted Push Bumper ION Trio R/B/W 20-23 Utility OEM -66A Wig Wag OEM -66A Corners Patrol Power Harness Front Mt. Utility 2020+ (03-0211) Whelen Speaker Bracket-DIS Utility 2025+ Installation Charges Roof Equipment Whelen, 48" Legacy Duo WeCanX LED Lightbar Whelen Lightbar Strap Kit 20-23 Utility Airgain Cell/L TE/GPS Antenna 3/4" Thru-Hole NMO Mount W/17' RG-58/U Cable, No Connector Install (2) CS Radio Antennas Installation Charges Drivers Compartment Equipment Troy Products 18" Console 2020-24 PIU Utility Specific Troy Products Internal Dual Beverage Holder 4" Troy Products 4" Face Plate, Fits Whelen Control/Cencom (Sapphire, Carbide) Troy, 3" Face Plate, Fits Harris XL-200M P25 Remote Head Mobile Radio Troy Products 4" Blank Filler Plate Troy Products 2" Blank Filler Plate Troy, 1" Blank Filler Plate Mag Mic Magnetic Mic Kit Havis 8.5'' Heavy-Duty Telescoping Pole, Short Handle Havis Heavy-Duty Stability Side Arm Havis, 11" Slide Out Locking Swing Arm w/ Low Profile Motion Device Adapter Havis, Heavy-Duty Mount For 2020-2023 Ford Interceptor Utility Gamber-Johnson, Panasonic Toughbook Cf33 Laptop Dock, lite Port, Dual Rf 1 8.5 1 2 4 1 1 2 4 Sales Quote Unit Price 919.20 798.40 30.60 140.00 2,265.00 148.75 22.13 140.00 432.72 48.00 39.95 142.50 59.25 275.25 150.75 1,325.80 Page: 50062 10/23/2024 Net 30 57730 Mike Williams Total Price 919.20 798.40 30.60 1,190.00 2,265.00 297.50 22 .13 560.00 432.72 48.00 159.80 142.50 59.25 275.25 150.75 1,325.80 Exhibit B.3 DAILEY-WELLS COMMUNICATIONS, INC. 3440 E. Houston St., San Antonio, TX 78219 To: City of Rohnert Park Public Safety, Attn: Andrew Smith From: Michael Priolo; (213) 810-6113 Date: 10/24/2024 Item Part Number Description XL-ZOOM Dual Control Head 10 XZ-MPM1M MOBILE, XL-200M, MULTIBAND 20 XZ-PL4J FEATURE, VHF BAND 30 XZ-PL4K FEATURE, UHF BAND 40 XZ-AN6U ANTENNA, BASE, STD ROOF MOUNT LOW LOSS 50 XZ-AN8A ANTENNA, ELEMENT. FLEXIBLE. V/U/700/800 60 XZ-CP6A CONTROL UNIT, XL-CH 70 XZ-MC6A MICROPHONE, XL, STANDARD MOBILE 80 XZ-MA4A KIT, MOUNTING XL-MOBILE UNIVERSAL 90 XZ-CA6F CABLE, XL-MOBILE, SPEAKER ACCY 100 XZ-LS6A SPEAKER, EXTERNAL, MOBILE 110 XZ-Y3EWP SERVICE ASSIST.EXT WARRANTY 3 YR, XL200M Item Part Number Description XL-ZOOM Secondary Control Head 120 XZ-CP6A CONTROL UNIT, XL-CH 130 XZ-MC6A MICROPHONE, XL, STANDARD MOBILE 140 XZ-MA4C BRACKET, MOUNTING, XL CONTROL HEAD 150 XZ-CA6D CABLE, POWER, XL-CH 160 XZ-CA6B CABLE, XL-MOBILE. ETHERNET, 9M 170 XZ-LS6A SPEAKER, EXTERNAL, MOBILE Item Part Number Description XL-ZOOM Single Control Head 180 XZ-MPM1M MOBILE, XL-200M, MUL TIBAND 190 XZ-PL4J FEATURE. VHF BAND 200 XZ-PL4K FEATURE. UHF BAND 210 XZ-AN6U ANTENNA, BASE, STD ROOF MOUNT LOW LOSS 220 XZ-AN8A ANTENNA, ELEMENT, FLEXIBLE, V/U/700/800 230 XZ-CP6A CONTROL UNIT. XL-CH 240 XZ-MC6A MICROPHONE, XL. STANDARD MOBILE 250 XZ-MA4A KIT, MOUNTING XL-MOBILE UNIVERSAL 260 XZ-CA6F CABLE, XL-MOBILE, SPEAKER ACCY 270 XZ-LS6A SPEAKER. EXTERNAL. MOBILE 280 XZ-Y3EWP SERVICE ASSIST.EXT WARRANTY 3 YR, XL200M Notes: (1) Pricing Based of Samona Contract (2) Pricing excludes tax; tax may be waived with a valid Reseller Certificate. (3) Shipping will be prepaid not to exceed $300. 00 Bill To: City of Rohnert Park Attn: Accounts Payable 130 Avram Avenue Rohnert Park, CA 94928 Ship To: PUBLIC SAFETY MAIN 500 CITY CENTER DRIVE ROHNERT PARK, CA 94928 @LJHARRIS Unit List Disc.% 6 $ 4,275.00 30% 6 $ 600.00 30% 6 $ 600.00 30% 6 $ 80.00 30% 6 $ 210.00 30% 6 $ 1 850.00 30% 6 $ 105.00 30% 6 $ 495.00 30% 6 $ 120.00 30% 6 $ 60.00 30% 6 $ 275.00 0% Qnty. Unit List Disc.% 6 $ 1,850.00 30% 6 $ 105.00 30% 6 $ 68.00 30% 6 $ 87.00 30% 6 $ 42.00 30% 6 $ 60.00 30% Unit List Disc.% 3 $ 4,275.00 30% 3 $ 600.00 30% 3 $ 600.00 30% 3 $ 80.00 30% 3 $ 210.00 30% 3 $ 1,850.00 30% 3 $ 105.00 30% 3 $ 495.00 30% 3 $ 120.00 30% 3 $ 60.00 30% 3 $ 275.00 0% -- DAILEY-WELLS Unit Sale Ext Sale $ 2,992.50 $ 17,955.00 $ 420.00 $ 2,520.00 $ 420.00 $ 2,520.00 $ 56.00 $ 336.00 $ 147.00 $ 882.00 $ 1,295.00 $ 7,770.00 $ 73.50 $ 441.00 $ 346.50 $ 2,079.00 $ 84.00 $ 504.00 $ 42.00 $ 252.00 $ 275.00 $ 1,650.00 Unit Sale Ext Sale $ 1,295.00 $ 7,770.00 $ 73.50 $ 441.00 $ 47.60 $ 285.60 $ 60.90 $ 365.40 $ 29.40 $ 176.40 $ 42.00 $ 252.00 Unit Sale Ext Sale $ 2,992.50 $ 8,977.50 $ 420.00 $ 1,260.00 $ 420.00 $ 1,260.00 $ 56.00 $ 168.00 $ 147.00 $ 441.00 $ 1,295.00 $ 3.885.00 $ 73.50 $ 220.50 $ 346.50 $ 1,039.50 $ 84.00 $ 252.00 $ 42.00 $ 126.00 $ 275.00 $ 825.00 Sub Total: $ 64,653.90 Sales Tax 9.5%: $ 6,142.12 Shipping: $ 300.00 Total: $ 71,096.02 Purchase Orders are lo be addressed as follows: Dailey-Wells Communications, Inc. 3440 E. Houston Street San Antonio, 1X 78219 Attn: Michael Priolo ITEM NO. 7.F. 1 Meeting Date: December 10, 2024 Department: Human Resources Submitted By: Jamie Cannon, Director of Human Resources Prepared By: Tracy Rankin, Senior Human Resources Analyst Agenda Title: Adopt a Resolution Authorizing and Approving the City of Rohnert Park Pay Rates and Ranges Effective as of December 10, 2024 and December 29, 2024 RECOMMENDED ACTION: Adopt a resolution authorizing and approving the City of Rohnert Park Pay Rates and Ranges effective as of December 10, 2024 and December 29, 2024. BACKGROUND: Council approved the City of Rohnert Park Pay Rates and Ranges effective as of October 6, 2024, pursuant to Resolution No. 2024-090. Since that date, the following actions have been approved by Council and are reflected in the Pay Rates and Ranges effective as of December 10, 2024 attached as Exhibit “A:” Description Approval Increase monthly compensation for City Council members from $484.06 to $1,275.00 effective December 10, 2024 (when one or more members of the City Council begins a new term of office) Ordinance No. 985 of the City Council of the City of Rohnert Park Amending Section 2.12.020 Population and Section 2.12.030 Salaries of the Rohnert Park Municipal Code to Adjust City Council Compensation dated October 22, 2024 The following salary adjustments are effective December 29, 2024 and have been applied to the associated Pay Rates and Ranges effective as of December 29, 2024 attached as Exhibit “B”: Description Approval 3% Increase to Base Salary for Director of Public Safety by Employment Contract (Range 78M) From $248,214.61 to $255,661.05 annually effective the first day of the pay period that includes January 1, 2025 (pay period December 29, 2024 – January 11, 2025) Resolution No. 2024-103 dated November 19, 2024 Authorizing and Approving the Fourth Amendment to the Employment Agreement Between the City of Rohnert Park and Timothy S. Mattos for Public Safety Director Services 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.F. 2 Description Approval Pensionable Stipends Increase to POST Certification Pay (Director of Public Safety) – Executive From 8.5% to 9.0% Resolution No. 2024-103 dated November 19, 2024 Authorizing and Approving the Fourth Amendment to the Employment Agreement Between the City of Rohnert Park and Timothy S. Mattos for Public Safety Director Services ANALYSIS: The California Public Employees’ Retirement Law at Section 570.5 of the California Code of Regulations Title 2 requires the City Pay Rates and Ranges document published on the City’s internet site to be approved, in its entirety, by the City Council each time a modification is made. Attached as Exhibits A and B to this staff report are the updated City of Rohnert Park Pay Rates and Ranges effective as of December 10, 2024 and December 29, 2024 that incorporate the changes listed above. Staff recommends that the Council adopt the updated Pay Rates and Ranges by resolution. ENVIRONMENTAL ANALYSIS: This action is exempt from the California Environmental Quality Act (“CEQA”) because it does not qualify as a “project” pursuant to Public Resource Code Section 21065 and CEQA Guidelines Sections 15320, 15378 and 15061(b)(3), because it can be seen with certainty that there is no possibility the City’s action would cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: Approving the City of Rohnert Park Pay Rates and Ranges is consistent with Strategic Priority 8 – Attract and Retain Staff. OPTIONS CONSIDERED: None. This action is required pursuant to previous Council adoption of Ordinance No. 985 and Resolution No. 2024-103. FISCAL IMPACT/FUNDING SOURCE: The fiscal impacts of these salary changes have been included in the Departments’ operational budgets for FY 2024-25. There are no additional fiscal impacts associated with this action. Code Compliance Approval Date: N/A Department Head Approval Date: N/A Finance Approval Date: N/A Human Resources Approval Date: N/A City Attorney Approval Date: N/A City Manager Approval Date: 11/22/2024 Attachments: 1. Resolution Authorizing and Approving the City of Rohnert Park Pay Rates and Ranges effective as of December 10, 2024 and December 29, 2024 ITEM NO. 7.F. 3 2. Resolution Exhibit A –City of Rohnert Park Pay Rates and Ranges effective as of December 10, 2024 3. Resolution Exhibit B –City of Rohnert Park Pay Rates and Ranges effective as of December 29, 2024 RESOLUTION NO. 2024-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING THE CITY OF ROHNERT PARK PAY RATES AND RANGES EFFECTIVE AS OF DECEMBER 10, 2024 AND DECEMBER 29, 2024 WHEREAS, the California Public Employees’ Retirement Law, at Section 570.5 of the California Code of Regulations Title 2, requires the City of Rohnert Park to publish the City’s Pay Rates and Ranges on the City’s internet site and the City Council to approve the Pay Rates and Ranges in its entirety each time a modification is made; and WHEREAS, the City Council previously approved the City Pay Rates and Ranges document effective as of October 6, 2024 pursuant to Resolution No. 2024-090 and salary changes have been subsequently approved and require updating; and WHEREAS, staff recommends that the City Council adopt the updated City Pay Rates and Ranges documents effective as of December 10, 2024 and December 29, 2024 attached hereto as Exhibits A and B. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve the City of Rohnert Park Pay Rates and Ranges effective as of December 10, 2024 and December 29, 2024 attached hereto as Exhibits “A” and “B,” which are incorporated by this reference, subject to minor modifications by the City Manager or City Attorney. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 10th day of December, 2024. CITY OF ROHNERT PARK ____________________________________ ATTEST: Susan H. Adams, Mayor ______________________________ Sylvia Lopez Cuevas, City Clerk APPROVED AS TO FORM: ______________________________ Michelle M. Kenyon, City Attorney Attachments: Exhibit A and Exhibit B ELWARD: _________ RODRIGUEZ: _________SANBORN: _________ GIUDICE: _________ ADAMS: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) EXHIBIT A CITY OF ROHNERT PARK PAY RATES & RANGES Effective as of December 10, 2024 Approved by City Council Resolution Number 2024-_____ on December 10, 2024 Reflects: • Increase monthly compensation for City Council Members from $484.06 to $1,275.00 • Correction: Changing job title from Community Services Manager to Recreation Manager (Range 54M) CITY OF ROHNERT PARK - PAY RATES AND RANGES Management Unit (Unrepresented) N/R CLASS STEP Hourly Biweekly Monthly Annually City Council (COUN)N/A $588.46 $1,275.00 CM CLASS STEP Hourly Biweekly Monthly Annually City Manager (CMGR)N/A $27,141.36 $325,696.30 (By Employment Contract) RANGE 78M CLASS STEP Hourly Biweekly Monthly Annually Director of Public Safety (SDIR)N/A 1 $98.18 $7,854.09 $17,017.21 $204,206.46 (By Employment Contract) 2 $103.09 $8,246.80 $17,868.08 $214,416.90 3 $108.24 $8,659.18 $18,761.55 $225,138.62 4 $113.65 $9,092.12 $19,699.59 $236,395.05 5 $119.33 $9,546.72 $20,684.55 $248,214.61 RANGE 77M CLASS STEP Hourly Biweekly Monthly Annually Assistant City Manager (ACM)M 1 $89.04 $7,123.07 $15,433.32 $185,199.80 (By Employment Contract)2 $93.49 $7,479.26 $16,205.05 $194,460.65 3 $98.16 $7,853.19 $17,015.25 $204,182.99 4 $103.07 $8,245.85 $17,866.01 $214,392.08 5 $108.23 $8,658.16 $18,759.34 $225,112.04 RANGE 74M CLASS STEP Hourly Biweekly Monthly Annually Director of Development Services (DODS)M 1 $82.68 $6,614.51 $14,331.44 $171,977.23 Director of Public Works (DPW)2 $86.82 $6,945.22 $15,047.98 $180,575.70 3 $91.16 $7,292.49 $15,800.39 $189,604.65 4 $95.71 $7,657.11 $16,590.40 $199,084.77 5 $100.50 $8,039.96 $17,419.92 $209,038.99 RANGE 71M CLASS STEP Hourly Biweekly Monthly Annually Director of Community Services (CSDIR)M 1 $76.78 $6,142.20 $13,308.10 $159,697.15 Finance Director/City Treasurer (FDIR)2 $80.62 $6,449.33 $13,973.55 $167,682.59 Human Resources Director (HRDIR)3 $84.65 $6,771.78 $14,672.20 $176,066.38 4 $88.88 $7,110.40 $15,405.86 $184,870.32 5 $93.32 $7,465.88 $16,176.07 $194,112.81 RANGE 66M CLASS STEP Hourly Biweekly Monthly Annually City Engineer (CENG)M 1 $67.86 $5,428.81 $11,762.42 $141,149.06 2 $71.25 $5,700.23 $12,350.51 $148,206.06 3 $74.82 $5,985.28 $12,968.10 $155,617.19 4 $78.56 $6,284.55 $13,616.52 $163,398.28 5 $82.48 $6,598.75 $14,297.28 $171,567.39 RANGE 62M CLASS STEP Hourly Biweekly Monthly Annually Building Division Manager/Building M 1 $61.48 $4,918.26 $10,656.24 $127,874.83 Official (BDMG)2 $64.55 $5,164.15 $11,189.00 $134,267.99 Capital Improvement Plan (CIP) Program Manager (CIPPM)3 $67.78 $5,422.36 $11,748.45 $140,981.45 Deputy City Engineer (DEPCE)4 $71.17 $5,693.47 $12,335.84 $148,030.12 Finance Manager (FMGR)5 $74.73 $5,978.17 $12,952.70 $155,432.38 Information Systems Operations Manager (ISOM) Planning Manager (PLMG) PW Operations Manager - Utilities and Fleet (PWOMU) CITY OF ROHNERT PARK - PAY RATES AND RANGES Management Unit (Unrepresented) RANGE 60M CLASS STEP Hourly Biweekly Monthly Annually Housing Manager (HMGR)M 1 $58.52 $4,681.25 $10,142.70 $121,712.40 PW Operations Manager - General Services (PWOMG)2 $61.44 $4,915.30 $10,649.83 $127,797.91 3 $64.51 $5,161.06 $11,182.30 $134,187.63 4 $67.74 $5,419.14 $11,741.47 $140,897.63 5 $71.13 $5,690.11 $12,328.57 $147,942.87 RANGE 58M CLASS STEP Hourly Biweekly Monthly Annually Civilian Fire Marshal (CFM)M 1 $55.70 $4,455.67 $9,653.94 $115,847.31 Support Services Manager (SSMG)2 $58.48 $4,678.46 $10,136.67 $121,640.07 3 $61.40 $4,912.39 $10,643.51 $127,722.13 4 $64.48 $5,158.02 $11,175.70 $134,108.42 5 $67.70 $5,415.92 $11,734.49 $140,813.84 RANGE 55M CLASS STEP Hourly Biweekly Monthly Annually City Clerk (CCLERK)M 1 $51.72 $4,137.54 $8,964.67 $107,576.02 2 $54.31 $4,344.44 $9,412.96 $112,955.52 3 $57.02 $4,561.63 $9,883.54 $118,602.49 4 $59.87 $4,789.73 $10,377.75 $124,533.02 5 $62.87 $5,029.22 $10,896.64 $130,759.73 RANGE 54M CLASS STEP Hourly Biweekly Monthly Annually Recreation Manager (CSMG)M 1 $50.46 $4,036.65 $8,746.07 $104,952.87 Performing Arts Center Manager (PACM)2 $52.98 $4,238.47 $9,183.36 $110,200.34 3 $55.63 $4,450.37 $9,642.46 $115,709.55 4 $58.41 $4,672.90 $10,124.62 $121,495.43 5 $61.33 $4,906.56 $10,630.88 $127,570.61 RANGE 96P CLASS STEP Hourly Biweekly Monthly Annually Public Safety Deputy Chief (DCPS)P 1 $77.31 $6,184.55 $13,399.87 $160,798.41 2 $81.17 $6,493.78 $14,069.86 $168,838.34 3 $85.23 $6,818.47 $14,773.35 $177,280.24 4 $89.49 $7,159.39 $15,512.02 $186,144.26 5 $93.97 $7,517.36 $16,287.62 $195,451.47 RANGE 95P CLASS STEP Hourly Biweekly Monthly Annually Public Safety Lieutenant (LIEU)P 1 $65.38 $5,230.17 $11,332.03 $135,984.41 2 $68.64 $5,491.30 $11,897.82 $142,773.84 3 $72.07 $5,765.33 $12,491.55 $149,898.56 4 $75.67 $6,053.33 $13,115.54 $157,386.50 5 $79.45 $6,356.37 $13,772.13 $165,265.60 6 $83.03 $6,642.41 $14,391.88 $172,702.56 RANGE 95F CLASS STEP **Hourly Biweekly Monthly Annually Fire Lieutenant (FLIEU)P 1 $46.70 $5,230.15 $11,332.00 $135,984.00 2 $49.03 $5,491.30 $11,897.82 $142,773.83 3 $51.48 $5,765.33 $12,491.55 $149,898.57 4 $54.05 $6,053.33 $13,115.54 $157,386.50 5 $56.75 $6,356.37 $13,772.13 $165,265.60 6 $59.31 $6,642.41 $14,391.88 $172,702.55 **Hourly rate based on 2,912 hours annually Rohnert Park Public Safety Managers' Association (RPPSMA) CITY OF ROHNERT PARK - PAY RATES AND RANGES Confidential Unit (Unrepresented) RANGE 30CF CLASS STEP Hourly Biweekly Monthly Annually Administrative Assistant I (AACU1)X 1 $27.90 $2,231.74 $4,835.44 $58,025.26 2 $29.29 $2,343.36 $5,077.28 $60,927.37 3 $30.76 $2,460.50 $5,331.08 $63,972.99 4 $32.29 $2,583.56 $5,597.70 $67,172.45 5 $33.91 $2,712.71 $5,877.53 $70,530.33 RANGE 34CF CLASS STEP Hourly Biweekly Monthly Annually Administrative Assistant II (AACU)X 1 $30.79 $2,463.46 $5,337.49 $64,049.91 2 $32.33 $2,586.60 $5,604.31 $67,251.67 3 $33.95 $2,715.93 $5,884.51 $70,614.13 4 $35.65 $2,851.74 $6,178.78 $74,145.35 5 $37.43 $2,994.32 $6,487.69 $77,852.23 RANGE 36CF CLASS STEP Hourly Biweekly Monthly Annually Accounting Technician II (ACT2)X 1 $32.35 $2,588.15 $5,607.65 $67,291.84 2 $33.97 $2,717.56 $5,888.05 $70,656.62 3 $35.67 $2,853.42 $6,182.41 $74,188.97 4 $37.45 $2,996.13 $6,491.61 $77,899.28 5 $39.32 $3,145.90 $6,816.11 $81,793.28 RANGE 37CF CLASS STEP Hourly Biweekly Monthly Annually Human Resources Technician (HRT)X 1 $33.16 $2,652.83 $5,747.81 $68,973.66 2 $34.82 $2,785.51 $6,035.28 $72,423.37 3 $36.56 $2,924.77 $6,337.01 $76,044.13 4 $38.39 $3,071.01 $6,653.86 $79,846.29 5 $40.31 $3,224.58 $6,986.58 $83,838.99 RANGE 40CF CLASS STEP Hourly Biweekly Monthly Annually Senior Accounting Technician (SACT)X 1 $35.71 $2,856.82 $6,189.78 $74,277.38 Deputy City Clerk (DCC)2 $37.50 $2,999.66 $6,499.26 $77,991.13 3 $39.37 $3,149.65 $6,824.24 $81,890.85 4 $41.34 $3,307.14 $7,165.48 $85,985.74 5 $43.41 $3,472.50 $7,523.75 $90,284.97 RANGE 45-CF CLASS STEP Hourly Biweekly Monthly Annually Assistant City Clerk (ACCL)X 1 $40.40 $3,232.26 $7,003.23 $84,038.74 2 $42.42 $3,393.86 $7,353.37 $88,240.40 3 $44.54 $3,563.54 $7,721.01 $92,652.14 4 $46.77 $3,741.75 $8,107.12 $97,285.43 5 $49.11 $3,928.83 $8,512.46 $102,149.47 RANGE 50CF CLASS STEP Hourly Biweekly Monthly Annually Human Resources Analyst (HRA)X 1 $45.71 $3,656.97 $7,923.44 $95,081.29 2 $48.00 $3,839.86 $8,319.69 $99,836.26 3 $50.40 $4,031.84 $8,735.65 $104,827.75 4 $52.92 $4,233.44 $9,172.46 $110,069.47 5 $55.56 $4,445.11 $9,631.08 $115,572.94 RANGE 51CF CLASS STEP Hourly Biweekly Monthly Annually ERP System Analyst (ERPA)X 1 $46.86 $3,748.41 $8,121.57 $97,458.78 2 $49.20 $3,935.85 $8,527.67 $102,332.00 3 $51.66 $4,132.64 $8,954.05 $107,448.60 4 $54.24 $4,339.28 $9,401.77 $112,821.20 5 $56.95 $4,556.20 $9,871.77 $118,461.29 CITY OF ROHNERT PARK - PAY RATES AND RANGES Confidential Unit (Unrepresented) RANGE 54CF CLASS STEP Hourly Biweekly Monthly Annually Accounting Supervisor (ACSUP)X 1 $50.46 $4,036.65 $8,746.07 $104,952.87 2 $52.98 $4,238.47 $9,183.36 $110,200.34 3 $55.63 $4,450.37 $9,642.46 $115,709.55 4 $58.41 $4,672.90 $10,124.62 $121,495.43 5 $61.33 $4,906.56 $10,630.88 $127,570.61 RANGE 56CF CLASS STEP Hourly Biweekly Monthly Annually Senior Analyst (SRAN)X 1 $53.01 $4,240.99 $9,188.81 $110,265.77 Senior Human Resources Analyst (SRHR)2 $55.66 $4,453.02 $9,648.20 $115,778.44 3 $58.45 $4,675.68 $10,130.65 $121,567.76 4 $61.37 $4,909.48 $10,637.20 $127,646.38 5 $64.44 $5,154.93 $11,169.01 $134,028.06 CITY OF ROHNERT PARK - PAY RATES AND RANGES Rohnert Park Employees' Association (RPEA) RANGE 22RP CLASS STEP Hourly Biweekly Monthly Annually Office Assistant (OFAS)X 1 $22.90 $1,831.71 $3,968.70 $47,624.44 2 $24.04 $1,923.28 $4,167.12 $50,005.38 3 $25.24 $2,019.45 $4,375.48 $52,505.71 4 $26.51 $2,120.43 $4,594.26 $55,131.17 5 $27.83 $2,226.44 $4,823.96 $57,887.49 RANGE 26RP CLASS STEP Hourly Biweekly Monthly Annually Animal Health Technician (AHT)X 1 $25.27 $2,021.88 $4,380.74 $52,568.84 Member Services Specialist (MBSS)2 $26.54 $2,122.95 $4,599.72 $55,196.61 3 $27.86 $2,229.09 $4,829.70 $57,956.37 4 $29.26 $2,340.53 $5,071.16 $60,853.89 5 $30.72 $2,457.59 $5,324.77 $63,897.23 RANGE 30RP CLASS STEP Hourly Biweekly Monthly Annually Accounting Assistant (ACAS)X 1 $27.90 $2,231.74 $4,835.44 $58,025.26 Administrative Assistant I (ADAS1)2 $29.29 $2,343.36 $5,077.28 $60,927.37 Public Safety Records Clerk (PSRC)3 $30.76 $2,460.50 $5,331.08 $63,972.99 4 $32.29 $2,583.56 $5,597.70 $67,172.45 5 $33.91 $2,712.71 $5,877.53 $70,530.33 RANGE 32RP CLASS STEP Hourly Biweekly Monthly Annually Accounting Technician I (ACTC1)X 1 $29.31 $2,344.73 $5,080.25 $60,962.96 Animal Shelter Coordinator (ANSC)2 $30.77 $2,461.96 $5,334.24 $64,010.88 Community Service Program Coordinator (CSPCO)3 $32.31 $2,585.06 $5,600.96 $67,211.49 Theater Services Coordinator (TSCO)4 $33.93 $2,714.34 $5,881.07 $70,572.80 5 $35.63 $2,850.02 $6,175.05 $74,100.59 RANGE 34RP CLASS STEP Hourly Biweekly Monthly Annually Administrative Assistant II (ADAS2)X 1 $30.79 $2,463.46 $5,337.49 $64,049.91 Building Permit Technician I (BPT1)2 $32.33 $2,586.60 $5,604.31 $67,251.67 3 $33.95 $2,715.93 $5,884.51 $70,614.13 4 $35.65 $2,851.74 $6,178.78 $74,145.35 5 $37.43 $2,994.32 $6,487.69 $77,852.23 RANGE 35RP CLASS STEP Hourly Biweekly Monthly Annually Community Development Technician (CDTC)X 1 $31.56 $2,525.01 $5,470.85 $65,650.21 Engineering Technician I (ENGT)2 $33.14 $2,651.29 $5,744.46 $68,933.46 GIS Technician I (GIST)3 $34.80 $2,783.84 $6,031.65 $72,379.75 4 $36.54 $2,923.05 $6,333.28 $75,999.35 5 $38.37 $3,069.20 $6,649.94 $79,799.22 RANGE 36RP CLASS STEP Hourly Biweekly Monthly Annually Accounting Technician II (ACTC2)X 1 $32.35 $2,588.15 $5,607.65 $67,291.84 Community Services Analyst (CSAN)2 $33.97 $2,717.56 $5,888.05 $70,656.62 Property Technician (PRPT)3 $35.67 $2,853.42 $6,182.41 $74,188.97 Technical Director (TECH)4 $37.45 $2,996.13 $6,491.61 $77,899.28 5 $39.32 $3,145.90 $6,816.11 $81,793.28 RANGE 38RP CLASS STEP Hourly Biweekly Monthly Annually Communications Specialist (COMS)X 1 $33.99 $2,719.20 $5,891.59 $70,699.08 2 $35.69 $2,855.14 $6,186.15 $74,233.75 3 $37.47 $2,997.89 $6,495.43 $77,945.21 4 $39.35 $3,147.79 $6,820.22 $81,842.65 5 $41.31 $3,305.16 $7,161.17 $85,934.08 CITY OF ROHNERT PARK - PAY RATES AND RANGES Rohnert Park Employees' Association (RPEA) RANGE 39RP CLASS STEP Hourly Biweekly Monthly Annually Building Permit Technician II (BPT2)X 1 $34.84 $2,787.15 $6,038.82 $72,465.85 Engineering Technician II (EGT2)2 $36.58 $2,926.50 $6,340.74 $76,088.90 GIST Technician II (GIST2)3 $38.41 $3,072.82 $6,657.78 $79,893.34 Information Systems Technician I (IST1)4 $40.33 $3,226.48 $6,990.70 $83,888.36 5 $42.35 $3,387.81 $7,340.26 $88,083.13 RANGE 41RP CLASS STEP Hourly Biweekly Monthly Annually Crime Analyst (CRA)X 1 $36.60 $2,928.26 $6,344.57 $76,134.83 Fire Inspector (FINS)2 $38.43 $3,074.68 $6,661.80 $79,941.57 3 $40.36 $3,228.42 $6,994.91 $83,938.87 4 $42.37 $3,389.80 $7,344.57 $88,134.79 5 $44.49 $3,559.31 $7,711.83 $92,541.93 RANGE 42RP CLASS STEP Hourly Biweekly Monthly Annually Assistant Planner (PLNR1)X 1 $37.52 $3,001.47 $6,503.18 $78,038.20 Building Inspector I (BINS)2 $39.39 $3,151.55 $6,828.35 $81,940.22 Code Compliance Officer I (CCO)3 $41.36 $3,309.13 $7,169.78 $86,037.39 Public Works Inspector I (PWIN)4 $43.43 $3,474.57 $7,528.24 $90,338.92 5 $45.60 $3,648.27 $7,904.59 $94,855.13 RANGE 43RP CLASS STEP Hourly Biweekly Monthly Annually Community Engagement Coordinator (CMNG)X 1 $38.46 $3,076.49 $6,665.72 $79,988.64 Information Systems Technician II (IST2)2 $40.38 $3,230.32 $6,999.02 $83,988.24 3 $42.40 $3,391.83 $7,348.97 $88,187.60 4 $44.52 $3,561.42 $7,716.42 $92,597.02 5 $46.74 $3,739.50 $8,102.24 $97,226.88 RANGE 44RP CLASS STEP Hourly Biweekly Monthly Annually Animal Shelter Supervisor (ALSS)X 1 $39.42 $3,153.40 $6,832.37 $81,988.43 Community Services Supervisor (CSSV)2 $41.39 $3,311.07 $7,173.99 $86,087.92 Homeless Services Coordinator (HSCO)3 $43.46 $3,476.65 $7,532.74 $90,392.89 Management Analyst I (MANA1)4 $45.63 $3,650.48 $7,909.38 $94,912.53 Property and Records Supervisor (PARS)5 $47.91 $3,832.97 $8,304.77 $99,657.19 RANGE 46RP CLASS STEP Hourly Biweekly Monthly Annually Building Inspector II (BINS2)X 1 $41.41 $3,313.06 $7,178.30 $86,139.57 Code Compliance Officer II (CCO2)2 $43.48 $3,478.72 $7,537.24 $90,446.84 Environmental Coordinator (EVC)3 $45.66 $3,652.65 $7,914.07 $94,968.78 Public Works Inspector II (PWIN2)4 $47.94 $3,835.26 $8,309.74 $99,716.88 5 $50.34 $4,027.02 $8,725.22 $104,702.60 RANGE 47RP CLASS STEP Hourly Biweekly Monthly Annually Accountant (ACCT)X 1 $42.45 $3,395.89 $7,357.77 $88,293.21 Purchasing Agent (PAGT)2 $44.57 $3,565.66 $7,725.60 $92,707.23 3 $46.80 $3,743.95 $8,111.90 $97,342.82 4 $49.14 $3,931.17 $8,517.53 $102,210.31 5 $51.60 $4,127.69 $8,943.34 $107,320.02 RANGE 48RP CLASS STEP Hourly Biweekly Monthly Annually Associate Planner (PLNR2)X 1 $43.51 $3,480.76 $7,541.64 $90,499.65 2 $45.69 $3,654.81 $7,918.75 $95,025.04 3 $47.97 $3,837.56 $8,314.71 $99,776.56 4 $50.37 $4,029.45 $8,730.48 $104,765.74 5 $52.89 $4,230.92 $9,167.00 $110,004.03 CITY OF ROHNERT PARK - PAY RATES AND RANGES Rohnert Park Employees' Association (RPEA) RANGE 50RP CLASS STEP Hourly Biweekly Monthly Annually Assistant Engineer (ASEN)X 1 $45.71 $3,656.97 $7,923.44 $95,081.29 Management Analyst II (MANA2)2 $48.00 $3,839.86 $8,319.69 $99,836.26 Project Coodinator (PROJC)3 $50.40 $4,031.84 $8,735.65 $104,827.75 Senior Building Inspector (SBIN)4 $52.92 $4,233.44 $9,172.46 $110,069.47 Senior Code Compliance Officer (SCCO)5 $55.56 $4,445.11 $9,631.08 $115,572.94 Senior Public Works Inspector (SRPW) RANGE 51RP CLASS STEP Hourly Biweekly Monthly Annually Information Systems Analyst (ISAN)X 1 $46.86 $3,748.41 $8,121.57 $97,458.78 Senior Accountant (SRAC)2 $49.20 $3,935.85 $8,527.67 $102,332.00 Senior Geographic Info System (GIS) Analyst (SGIA)3 $51.66 $4,132.64 $8,954.05 $107,448.60 4 $54.24 $4,339.28 $9,401.77 $112,821.20 5 $56.95 $4,556.20 $9,871.77 $118,461.29 RANGE 52RP CLASS STEP Hourly Biweekly Monthly Annually Sustainability Manager (SUST)X 1 $48.03 $3,842.11 $8,324.57 $99,894.81 2 $50.43 $4,034.22 $8,740.81 $104,889.73 3 $52.95 $4,235.96 $9,177.91 $110,134.90 4 $55.60 $4,447.72 $9,636.72 $115,640.66 5 $58.38 $4,670.12 $10,118.59 $121,423.11 RANGE 54RP CLASS STEP Hourly Biweekly Monthly Annually Project Manager (PMCD)X 1 $50.46 $4,036.65 $8,746.07 $104,952.87 Senior Planner (SRPL)2 $52.98 $4,238.47 $9,183.36 $110,200.34 3 $55.63 $4,450.37 $9,642.46 $115,709.55 4 $58.41 $4,672.90 $10,124.62 $121,495.43 5 $61.33 $4,906.56 $10,630.88 $127,570.61 RANGE 56RP CLASS STEP Hourly Biweekly Monthly Annually Associate Engineer (CIVE)X 1 $53.01 $4,240.99 $9,188.81 $110,265.77 Senior Public Works Analyst (SPWA)2 $55.66 $4,453.02 $9,648.20 $115,778.44 3 $58.45 $4,675.68 $10,130.65 $121,567.76 4 $61.37 $4,909.48 $10,637.20 $127,646.38 5 $64.44 $5,154.93 $11,169.01 $134,028.06 RANGE 58RP CLASS STEP Hourly Biweekly Monthly Annually Code Compliance Program Manager (CCPM)X 1 $55.70 $4,455.67 $9,653.94 $115,847.31 Senior Engineer (SRENG)2 $58.48 $4,678.46 $10,136.67 $121,640.07 3 $61.40 $4,912.39 $10,643.51 $127,722.13 4 $64.48 $5,158.02 $11,175.70 $134,108.42 5 $67.70 $5,415.92 $11,734.49 $140,813.84 CITY OF ROHNERT PARK - PAY RATES AND RANGES Service Employees' International Union (SEIU) Local 1021 - Maintenance Workers RANGE 23SE STEP Hourly Biweekly Monthly Annually Custodian (CUST)1 $23.19 $1,854.87 $4,018.89 $48,226.62 2 $24.35 $1,947.61 $4,219.83 $50,637.94 3 $25.56 $2,044.99 $4,430.82 $53,169.84 4 $26.84 $2,147.24 $4,652.36 $55,828.34 5 $28.18 $2,254.61 $4,884.98 $58,619.75 RANGE 24SE STEP Hourly Biweekly Monthly Annually Landscape Maintenance Worker (LMW)1 $23.77 $1,901.24 $4,119.36 $49,432.29 2 $25.01 $2,000.88 $4,335.25 $52,022.97 3 $26.26 $2,100.96 $4,552.09 $54,625.04 4 $27.57 $2,205.98 $4,779.63 $57,355.55 5 $28.95 $2,316.29 $5,018.63 $60,223.60 RANGE 26SE STEP Hourly Biweekly Monthly Annually Utilities Service Representative (USR)1 $25.03 $2,002.11 $4,337.90 $52,054.81 2 $26.28 $2,102.19 $4,554.74 $54,656.87 3 $27.59 $2,207.29 $4,782.47 $57,389.65 4 $28.97 $2,317.65 $5,021.57 $60,258.84 5 $30.42 $2,433.55 $5,272.70 $63,272.41 RANGE 31SE STEP Hourly Biweekly Monthly Annually Parks Maintenance Worker I (PMW1)1 $28.31 $2,265.18 $4,907.89 $58,894.73 Streets Maintenance Worker I (SMW1)2 $29.73 $2,378.42 $5,153.25 $61,838.96 3 $31.22 $2,497.34 $5,410.91 $64,930.96 4 $32.78 $2,622.21 $5,681.46 $68,177.57 5 $34.42 $2,753.34 $5,965.56 $71,586.73 RANGE 33SE STEP Hourly Biweekly Monthly Annually Collection System Operator I (CSO1)1 $29.75 $2,379.86 $5,156.37 $61,876.47 Facilities Maintenance Worker I (FMW1)2 $31.24 $2,498.83 $5,414.13 $64,969.61 Maintenance Worker I (MW1)3 $32.80 $2,623.79 $5,684.87 $68,218.49 Water Distribution Operator I (WDO1)4 $34.44 $2,755.00 $5,969.16 $71,629.92 Water System Operator I (WSO1)5 $36.16 $2,892.72 $6,267.56 $75,210.74 RANGE 35SE STEP Hourly Biweekly Monthly Annually Parks Maintenance Worker II (PMW2)1 $31.25 $2,500.32 $5,417.35 $65,008.25 Streets Maintenance Worker II (SMW2)2 $32.82 $2,625.36 $5,688.28 $68,259.41 3 $34.46 $2,756.61 $5,972.67 $71,671.98 4 $36.18 $2,894.47 $6,271.35 $75,256.22 5 $37.99 $3,039.19 $6,584.91 $79,018.91 RANGE 37SE STEP Hourly Biweekly Monthly Annually Collection System Operator II (CSO2)1 $32.84 $2,626.89 $5,691.60 $68,299.20 Facilities Maintenance Worker II (FMW2)2 $34.48 $2,758.28 $5,976.27 $71,715.19 Maintenance Worker II (MW2)3 $36.20 $2,896.17 $6,275.05 $75,300.54 Water Distribution Operator II (WDO2)4 $38.01 $3,040.98 $6,588.79 $79,065.51 Water System Operator II (WSO2)5 $39.91 $3,193.05 $6,918.27 $83,019.18 RANGE 39SE STEP Hourly Biweekly Monthly Annually Irrigation Maintenance Technician (IMT)1 $34.50 $2,759.89 $5,979.77 $71,757.24 Parks Maintenance Worker III (PMW3)2 $36.22 $2,897.88 $6,278.74 $75,344.88 Streets Maintenance Worker III (SMW3)3 $38.03 $3,042.77 $6,592.68 $79,112.11 4 $39.94 $3,194.93 $6,922.34 $83,068.08 5 $41.93 $3,354.69 $7,268.48 $87,221.81 CITY OF ROHNERT PARK - PAY RATES AND RANGES Service Employees' International Union (SEIU) Local 1021 - Maintenance Workers RANGE 40SE STEP Hourly Biweekly Monthly Annually Fleet Mechanic (FMEC)1 $35.36 $2,828.89 $6,129.26 $73,551.06 2 $37.13 $2,970.33 $6,435.71 $77,228.50 3 $38.99 $3,118.85 $6,757.51 $81,090.09 4 $40.94 $3,274.81 $7,095.41 $85,144.95 5 $42.98 $3,438.54 $7,450.18 $89,402.13 RANGE 41SE STEP Hourly Biweekly Monthly Annually Collection System Operator III (CSO3)1 $36.25 $2,899.63 $6,282.53 $75,390.34 Facilities Maintenance Worker III (FMW3)2 $38.06 $3,044.61 $6,596.66 $79,159.87 Water Distribution Operator III (WDO3)3 $39.96 $3,196.85 $6,926.51 $83,118.09 Water System Operator III (WSO3)4 $41.96 $3,356.65 $7,272.75 $87,272.98 5 $44.06 $3,524.50 $7,636.42 $91,637.01 RANGE 42SE STEP Hourly Biweekly Monthly Annually Arborist (ARB)1 $37.15 $2,972.12 $6,439.59 $77,275.12 Utility Maintenance Mechanic (UMM)2 $39.01 $3,120.73 $6,761.58 $81,138.98 3 $40.96 $3,276.77 $7,099.68 $85,196.10 4 $43.01 $3,440.60 $7,454.63 $89,455.55 5 $45.16 $3,612.60 $7,827.30 $93,927.60 RANGE 44SE STEP Hourly Biweekly Monthly Annually Instrumentation Technician (INST)1 $39.03 $3,122.57 $6,765.56 $81,186.72 2 $40.98 $3,278.70 $7,103.84 $85,246.11 3 $43.03 $3,442.65 $7,459.08 $89,508.98 4 $45.18 $3,614.79 $7,832.04 $93,984.44 5 $47.44 $3,795.49 $8,223.56 $98,682.70 RANGE 45SE STEP Hourly Biweekly Monthly Annually Parks Maintenance Supervisor (PMS)1 $40.01 $3,200.65 $6,934.75 $83,216.98 Streets Maintenance Supervisor (SMS)2 $42.01 $3,360.68 $7,281.46 $87,377.56 3 $44.11 $3,528.70 $7,645.51 $91,746.14 4 $46.31 $3,705.16 $8,027.85 $96,334.14 5 $48.63 $3,890.41 $8,429.22 $101,150.63 RANGE 46SE STEP Hourly Biweekly Monthly Annually Collection System Supervisor (CSS)1 $41.01 $3,280.66 $7,108.11 $85,297.27 Facilities Maintenance Supervisor (FMS)2 $43.06 $3,444.71 $7,463.53 $89,562.41 Fleet Services Supervisor (FSS)3 $45.21 $3,616.93 $7,836.68 $94,040.14 Water Distribution Supervisor (WDS)4 $47.47 $3,797.76 $8,228.48 $98,741.81 Water System Supervisor (WSS)5 $49.85 $3,987.65 $8,639.90 $103,678.77 CITY OF ROHNERT PARK - PAY RATES AND RANGES Rohnert Park Public Safety Officers' Association (RPPSOA) RANGE 26PS CLASS STEP Hourly Biweekly Monthly Annually Public Safety Officer Trainee (PSOT)S 5 $31.32 $2,505.42 $5,428.42 $65,141.04 RANGE 32PS CLASS STEP Hourly Biweekly Monthly Annually Community Services Officer (CSO)S-CSO 1 $29.88 $2,390.37 $5,179.14 $62,149.65 2 $31.37 $2,509.88 $5,438.08 $65,256.90 3 $32.94 $2,635.38 $5,709.98 $68,519.80 4 $34.59 $2,767.18 $5,995.55 $71,946.55 5 $36.32 $2,905.50 $6,295.25 $75,543.01 RANGE 34PS CLASS STEP Hourly Biweekly Monthly Annually Public Safety Dispatcher I (PSD)XD 1 $32.64 $2,611.38 $5,657.99 $67,895.89 2 $34.27 $2,741.92 $5,940.82 $71,289.89 3 $35.99 $2,879.01 $6,237.86 $74,854.26 4 $37.79 $3,022.98 $6,549.79 $78,597.52 5 $39.68 $3,174.11 $6,877.25 $82,526.97 RANGE 34HP CLASS STEP Hourly PT Public Safety Dispatcher I (PTD) - Hourly XD 1 $32.64 2 $34.27 3 $35.99 4 $37.79 5 $39.68 RANGE 38PS CLASS STEP Hourly Biweekly Monthly Annually Public Safety Dispatcher II (PSD2)XD 1 $36.03 $2,882.47 $6,245.36 $74,944.31 2 $37.83 $3,026.59 $6,557.60 $78,691.22 3 $39.72 $3,177.91 $6,885.46 $82,625.55 4 $41.71 $3,336.81 $7,229.75 $86,757.01 5 $43.80 $3,503.62 $7,591.18 $91,094.12 RANGE 38HP CLASS STEP Hourly PT Public Safety Dispatcher II (PTD2) - Hourly XD 1 $36.03 2 $37.83 3 $39.72 4 $41.71 5 $43.80 RANGE 46PS CLASS STEP Hourly Biweekly Monthly Annually Public Safety Communications Supervisor XD 1 $43.90 $3,512.00 $7,609.33 $91,311.95 (PSCS)2 $46.10 $3,687.61 $7,989.82 $95,877.85 3 $48.40 $3,871.97 $8,389.28 $100,671.31 4 $50.82 $4,065.56 $8,808.71 $105,704.51 5 $53.36 $4,268.83 $9,249.14 $110,989.63 RANGE 48PS CLASS STEP Hourly Biweekly Monthly Annually Public Safety Officer I (PSO1)S 1 $43.51 $3,480.92 $7,541.99 $90,503.89 2 $45.69 $3,654.97 $7,919.09 $95,029.13 3 $47.97 $3,837.73 $8,315.08 $99,781.01 4 $50.37 $4,029.63 $8,730.86 $104,770.36 5 $52.89 $4,231.12 $9,167.44 $110,009.24 6 $55.53 $4,442.68 $9,625.81 $115,509.69 CITY OF ROHNERT PARK - PAY RATES AND RANGES Rohnert Park Public Safety Officers' Association (RPPSOA) RANGE 49PS CLASS STEP Hourly Biweekly Monthly Annually Public Safety Officer II (PSO2)S 1 $44.60 $3,567.94 $7,730.54 $92,766.51 2 $46.83 $3,746.35 $8,117.09 $97,405.08 3 $49.17 $3,933.66 $8,522.92 $102,275.09 4 $51.63 $4,130.38 $8,949.15 $107,389.81 5 $54.21 $4,336.88 $9,396.57 $112,758.86 6 $56.92 $4,553.72 $9,866.40 $118,396.76 RANGE 49APS CLASS STEP Hourly Biweekly Monthly Annually Public Safety Officer III (PSO3)S 1 $46.16 $3,692.85 $8,001.17 $96,013.99 2 $48.47 $3,877.46 $8,401.17 $100,814.08 3 $50.89 $4,071.36 $8,821.27 $105,855.26 4 $53.44 $4,274.94 $9,262.37 $111,148.39 5 $56.11 $4,488.67 $9,725.46 $116,705.51 6 $58.91 $4,713.12 $10,211.76 $122,541.08 RANGE 49BPS CLASS STEP Hourly Biweekly Monthly Annually Public Safety Officer IV (PSO4)S 1 $48.47 $3,877.46 $8,401.17 $100,814.08 2 $50.89 $4,071.36 $8,821.27 $105,855.26 3 $53.44 $4,274.94 $9,262.37 $111,148.39 4 $56.11 $4,488.67 $9,725.46 $116,705.51 5 $58.91 $4,713.12 $10,211.76 $122,541.08 6 $61.86 $4,948.78 $10,722.37 $128,668.38 RANGE 48F CLASS STEP **Hourly Biweekly Monthly Annually Fire Public Safety Officer I (FPSO1)S 1 $30.15 $3,385.84 $7,335.98 $88,031.75 2 $31.65 $3,555.13 $7,702.78 $92,433.41 3 $33.24 $3,732.90 $8,087.96 $97,055.48 4 $34.90 $3,919.56 $8,492.38 $101,908.55 5 $36.64 $4,115.55 $8,917.03 $107,004.31 6 $38.48 $4,321.33 $9,362.88 $112,354.55 RANGE 49F CLASS STEP **Hourly Biweekly Monthly Annually Fire Public Safety Officer II (FPSO2)S 1 $30.90 $3,470.48 $7,519.38 $90,232.58 2 $32.45 $3,644.02 $7,895.37 $94,744.44 3 $34.07 $3,826.21 $8,290.12 $99,481.42 4 $35.77 $4,017.56 $8,704.70 $104,456.45 5 $37.56 $4,218.42 $9,139.91 $109,678.86 6 $39.44 $4,429.34 $9,596.89 $115,162.72 RANGE 49AF CLASS STEP **Hourly Biweekly Monthly Annually Fire Public Safety Officer III (FPSO3)S 1 $31.98 $3,591.98 $7,782.61 $93,391.35 2 $33.58 $3,771.55 $8,171.70 $98,060.34 3 $35.26 $3,960.15 $8,580.32 $102,963.82 4 $37.02 $4,158.17 $9,009.36 $108,112.36 5 $38.88 $4,366.06 $9,459.81 $113,517.68 6 $40.82 $4,584.38 $9,932.82 $119,193.86 RANGE 49BF CLASS STEP **Hourly Biweekly Monthly Annually Fire Public Safety Officer IV (FPSO4)S 1 $33.58 $3,771.55 $8,171.70 $98,060.34 2 $35.26 $3,960.15 $8,580.32 $102,963.82 3 $37.02 $4,158.17 $9,009.36 $108,112.36 4 $38.88 $4,366.06 $9,459.81 $113,517.68 5 $40.82 $4,584.38 $9,932.82 $119,193.86 6 $42.86 $4,813.61 $10,429.48 $125,153.79 CITY OF ROHNERT PARK - PAY RATES AND RANGES Rohnert Park Public Safety Officers' Association (RPPSOA) RANGE 57PS CLASS STEP Hourly Biweekly Monthly Annually Public Safety Sergeant (PSGT)S 1 $54.34 $4,347.22 $9,418.97 $113,027.68 2 $57.06 $4,564.57 $9,889.90 $118,678.84 3 $59.91 $4,792.82 $10,384.44 $124,613.25 4 $62.91 $5,032.42 $10,903.58 $130,843.00 5 $66.05 $5,284.08 $11,448.85 $137,386.19 6 $69.35 $5,548.26 $12,021.24 $144,254.83 7 $72.86 $5,828.53 $12,628.49 $151,541.89 RANGE 57F CLASS STEP **Hourly Biweekly Monthly Annually Fire Assignment Sergeant (FSGT)S 1 $37.65 $4,228.47 $9,161.69 $109,940.32 2 $39.53 $4,439.89 $9,619.76 $115,437.11 3 $41.51 $4,661.90 $10,100.79 $121,209.43 4 $43.58 $4,894.96 $10,605.75 $127,269.00 5 $45.76 $5,139.75 $11,136.12 $133,633.47 6 $48.05 $5,396.71 $11,692.88 $140,314.50 **Hourly rate based on 2,920 hours annually 7 $50.48 $5,669.33 $12,283.54 $147,402.50 CITY OF ROHNERT PARK - PAY RATES AND RANGES Miscellaneous Part-Time Hourly Positions RANGE H66 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 PT Animal Shelter Assistant (ASA)$18.00 $18.50 $19.00 $19.50 $20.00 $20.50 $21.00 PT Box Office Assistant (PTBA) PT Choreographer (PTCH) PT Community Services Leader (PTCSL) PT Facility Attendant (PTFA) PT Lifeguard (PTLC) PT Musician (PTMU) PT Senior Community Services Leader (PTSCSL) PT Senior Facility Attendant (PTSFA) PT Senior Lifeguard (PTSRL) PT Senior Swim Instructor (PTSIL) PT Swim Instructor (PTIL) PT Theatre Technician I (PTT1) RANGE H67 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 PT Administrative Intern (PTAI)$21.00 $21.50 $22.00 $22.50 $23.00 $23.50 $24.00 PT Arts Center House Manager (PTHM) PT Community Services Coordinator (PTCSC) PT Custodian (PTC) PT Lead Animal Shelter Assistant (LASA) PT Lead Custodian (PTCL) PT Music Director/Conductor (PTMD) PT Office Assistant (PT01) PT Pool Manager (PTPMGR) PT Seasonal Maintenance Assistant (SMA) PT Senior Office Assistant (PT02) PT Stage Manager (PTSM) PT Theatre Marketing Specialist (PTTM) PT Theatre Technician II (PTT2) RANGE H68 STEP 1 STEP 2 STEP 3 PT Information Systems Assistant (PTIS)$30.00 $30.50 $31.00 MISCELLANEOUS RANGE M12 HOURLY RANGE PT Temporary Employee (PTTE)$18.00 - $99.00 INCENTIVES Holidays (City observed) Shift Differential Amount/Percentage Overtime (1.5) for all hours worked $1/hour extra for hours worked between 9:30 p.m. and 7:00 a.m. CITY OF ROHNERT PARK - PAY RATES AND RANGES Pensionable Stipends by Unit All Units Amount/Percentage Acting Pay 5% - 10% *Longevity 2% - 10% ***Supervisory Pay 5% By Employment Contract Amount/Percentage Management Allowance (City Manager)$600/month POST Certification Pay (Director of Public Safety) - Executive 10% ***Uniform Allowance (Director of Public Safety)$1,080/year Confidential Amount/Percentage Bilingual $100/month Educational Incentive - BA/BS, MA/MS $50/month Rohnert Park Employees' Association (RPEA)Amount/Percentage Bilingual $100/month Educational Incentive - MA/MS $50/month Rohnert Park Public Safety Managers' Association (RPPSMA)Amount/Percentage *In-District (non-pensionable)$150/month POST Certification Pay (Commanders) - Supervisory 7.0% POST Certification Pay (Commanders) - Management 8.5% ***Uniform Allowance $1,080/year Rohnert Park Public Safety Officers' Association (RPPSOA)Amount/Percentage Acting Supervisor/Watch Commander 5% - 15% Acting Commander 10% - 15% Bilingual $175/month Canine Handler 3.0% Detective 5.0% Field Training Officer 5.0% Non-Sworn Training Officer 5.0% Motorcycle Duty 5.0% **Intermediate POST Certification 4.5% **Advanced POST Certification 7.0% **Intermediate Dispatcher POST Certification 2.5% **Advanced Dispatcher POST Certification 5.0% **POST Supervisory Certification (Sergeant)9.0% POST Field Evidence Tech Certification (CSO)2.5% Shift Differential 5.0% Special/Extra Assignments 5.0% ***Uniform Allowance $1,080/year (sworn); $540/year (CSO) Service Employees' International Union (SEIU)Amount/Percentage *Certification and License Program - Level I 2.6% *Certification and License Program - Level II 4.5% *Certification and License Program - Level III 6.0% Bilingual $100/month Educational Incentive Pay - Level I $75/month Educational Incentive Pay - Level II $100/month Educational Incentive Pay - Level III $135/month Certified Playground Inspector 1.2% OSHA Certified Trainer 1.2% Pool Operator 1.2% Water Distribution 1 or higher 1.2% Water Treatment 1 or higher 1.2% *Inactive stipend; closed to new ees; **Only one POST stipend paid per ee; ***Only pensionable for classic PERS members EXHIBIT B CITY OF ROHNERT PARK PAY RATES & RANGES Effective as of December 29, 2024 Approved by City Council Resolution Number 2024-_____ on December 10, 2024 Reflects: • 3% Increase to Base Salary for Director of Public Safety (by Employment Contract) from $248,214.61 to $255,661.05 (Range 78M) • Pensionable Stipend Change - POST Certification Pay (Director of Public Safety) – Executive from 8.5% to 9% CITY OF ROHNERT PARK - PAY RATES AND RANGES Management Unit (Unrepresented) N/R CLASS STEP Hourly Biweekly Monthly Annually City Council (COUN)N/A $588.46 $1,275.00 CM CLASS STEP Hourly Biweekly Monthly Annually City Manager (CMGR)N/A $27,141.36 $325,696.30 (By Employment Contract) RANGE 78M CLASS STEP Hourly Biweekly Monthly Annually Director of Public Safety (SDIR)N/A 1 $101.12 $8,089.72 $17,527.72 $210,332.65 (By Employment Contract) 2 $106.18 $8,494.21 $18,404.12 $220,849.41 3 $111.49 $8,918.95 $19,324.40 $231,892.78 4 $117.06 $9,364.88 $20,290.58 $243,486.90 5 $122.91 $9,833.12 $21,305.09 $255,661.05 RANGE 77M CLASS STEP Hourly Biweekly Monthly Annually Assistant City Manager (ACM)M 1 $89.04 $7,123.07 $15,433.32 $185,199.80 (By Employment Contract)2 $93.49 $7,479.26 $16,205.05 $194,460.65 3 $98.16 $7,853.19 $17,015.25 $204,182.99 4 $103.07 $8,245.85 $17,866.01 $214,392.08 5 $108.23 $8,658.16 $18,759.34 $225,112.04 RANGE 74M CLASS STEP Hourly Biweekly Monthly Annually Director of Development Services (DODS)M 1 $82.68 $6,614.51 $14,331.44 $171,977.23 Director of Public Works (DPW)2 $86.82 $6,945.22 $15,047.98 $180,575.70 3 $91.16 $7,292.49 $15,800.39 $189,604.65 4 $95.71 $7,657.11 $16,590.40 $199,084.77 5 $100.50 $8,039.96 $17,419.92 $209,038.99 RANGE 71M CLASS STEP Hourly Biweekly Monthly Annually Director of Community Services (CSDIR)M 1 $76.78 $6,142.20 $13,308.10 $159,697.15 Finance Director/City Treasurer (FDIR)2 $80.62 $6,449.33 $13,973.55 $167,682.59 Human Resources Director (HRDIR)3 $84.65 $6,771.78 $14,672.20 $176,066.38 4 $88.88 $7,110.40 $15,405.86 $184,870.32 5 $93.32 $7,465.88 $16,176.07 $194,112.81 RANGE 66M CLASS STEP Hourly Biweekly Monthly Annually City Engineer (CENG)M 1 $67.86 $5,428.81 $11,762.42 $141,149.06 2 $71.25 $5,700.23 $12,350.51 $148,206.06 3 $74.82 $5,985.28 $12,968.10 $155,617.19 4 $78.56 $6,284.55 $13,616.52 $163,398.28 5 $82.48 $6,598.75 $14,297.28 $171,567.39 RANGE 62M CLASS STEP Hourly Biweekly Monthly Annually Building Division Manager/Building M 1 $61.48 $4,918.26 $10,656.24 $127,874.83 Official (BDMG)2 $64.55 $5,164.15 $11,189.00 $134,267.99 Capital Improvement Plan (CIP) Program Manager (CIPPM)3 $67.78 $5,422.36 $11,748.45 $140,981.45 Deputy City Engineer (DEPCE)4 $71.17 $5,693.47 $12,335.84 $148,030.12 Finance Manager (FMGR)5 $74.73 $5,978.17 $12,952.70 $155,432.38 Information Systems Operations Manager (ISOM) Planning Manager (PLMG) PW Operations Manager - Utilities and Fleet (PWOMU) CITY OF ROHNERT PARK - PAY RATES AND RANGES Management Unit (Unrepresented) RANGE 60M CLASS STEP Hourly Biweekly Monthly Annually Housing Manager (HMGR)M 1 $58.52 $4,681.25 $10,142.70 $121,712.40 PW Operations Manager - General Services (PWOMG)2 $61.44 $4,915.30 $10,649.83 $127,797.91 3 $64.51 $5,161.06 $11,182.30 $134,187.63 4 $67.74 $5,419.14 $11,741.47 $140,897.63 5 $71.13 $5,690.11 $12,328.57 $147,942.87 RANGE 58M CLASS STEP Hourly Biweekly Monthly Annually Civilian Fire Marshal (CFM)M 1 $55.70 $4,455.67 $9,653.94 $115,847.31 Support Services Manager (SSMG)2 $58.48 $4,678.46 $10,136.67 $121,640.07 3 $61.40 $4,912.39 $10,643.51 $127,722.13 4 $64.48 $5,158.02 $11,175.70 $134,108.42 5 $67.70 $5,415.92 $11,734.49 $140,813.84 RANGE 55M CLASS STEP Hourly Biweekly Monthly Annually City Clerk (CCLERK)M 1 $51.72 $4,137.54 $8,964.67 $107,576.02 2 $54.31 $4,344.44 $9,412.96 $112,955.52 3 $57.02 $4,561.63 $9,883.54 $118,602.49 4 $59.87 $4,789.73 $10,377.75 $124,533.02 5 $62.87 $5,029.22 $10,896.64 $130,759.73 RANGE 54M CLASS STEP Hourly Biweekly Monthly Annually Recreation Manager (CSMG)M 1 $50.46 $4,036.65 $8,746.07 $104,952.87 Performing Arts Center Manager (PACM)2 $52.98 $4,238.47 $9,183.36 $110,200.34 3 $55.63 $4,450.37 $9,642.46 $115,709.55 4 $58.41 $4,672.90 $10,124.62 $121,495.43 5 $61.33 $4,906.56 $10,630.88 $127,570.61 RANGE 96P CLASS STEP Hourly Biweekly Monthly Annually Public Safety Deputy Chief (DCPS)P 1 $77.31 $6,184.55 $13,399.87 $160,798.41 2 $81.17 $6,493.78 $14,069.86 $168,838.34 3 $85.23 $6,818.47 $14,773.35 $177,280.24 4 $89.49 $7,159.39 $15,512.02 $186,144.26 5 $93.97 $7,517.36 $16,287.62 $195,451.47 RANGE 95P CLASS STEP Hourly Biweekly Monthly Annually Public Safety Lieutenant (LIEU)P 1 $65.38 $5,230.17 $11,332.03 $135,984.41 2 $68.64 $5,491.30 $11,897.82 $142,773.84 3 $72.07 $5,765.33 $12,491.55 $149,898.56 4 $75.67 $6,053.33 $13,115.54 $157,386.50 5 $79.45 $6,356.37 $13,772.13 $165,265.60 6 $83.03 $6,642.41 $14,391.88 $172,702.56 RANGE 95F CLASS STEP **Hourly Biweekly Monthly Annually Fire Lieutenant (FLIEU)P 1 $46.70 $5,230.15 $11,332.00 $135,984.00 2 $49.03 $5,491.30 $11,897.82 $142,773.83 3 $51.48 $5,765.33 $12,491.55 $149,898.57 4 $54.05 $6,053.33 $13,115.54 $157,386.50 5 $56.75 $6,356.37 $13,772.13 $165,265.60 6 $59.31 $6,642.41 $14,391.88 $172,702.55 **Hourly rate based on 2,912 hours annually Rohnert Park Public Safety Managers' Association (RPPSMA) CITY OF ROHNERT PARK - PAY RATES AND RANGES Confidential Unit (Unrepresented) RANGE 30CF CLASS STEP Hourly Biweekly Monthly Annually Administrative Assistant I (AACU1)X 1 $27.90 $2,231.74 $4,835.44 $58,025.26 2 $29.29 $2,343.36 $5,077.28 $60,927.37 3 $30.76 $2,460.50 $5,331.08 $63,972.99 4 $32.29 $2,583.56 $5,597.70 $67,172.45 5 $33.91 $2,712.71 $5,877.53 $70,530.33 RANGE 34CF CLASS STEP Hourly Biweekly Monthly Annually Administrative Assistant II (AACU)X 1 $30.79 $2,463.46 $5,337.49 $64,049.91 2 $32.33 $2,586.60 $5,604.31 $67,251.67 3 $33.95 $2,715.93 $5,884.51 $70,614.13 4 $35.65 $2,851.74 $6,178.78 $74,145.35 5 $37.43 $2,994.32 $6,487.69 $77,852.23 RANGE 36CF CLASS STEP Hourly Biweekly Monthly Annually Accounting Technician II (ACT2)X 1 $32.35 $2,588.15 $5,607.65 $67,291.84 2 $33.97 $2,717.56 $5,888.05 $70,656.62 3 $35.67 $2,853.42 $6,182.41 $74,188.97 4 $37.45 $2,996.13 $6,491.61 $77,899.28 5 $39.32 $3,145.90 $6,816.11 $81,793.28 RANGE 37CF CLASS STEP Hourly Biweekly Monthly Annually Human Resources Technician (HRT)X 1 $33.16 $2,652.83 $5,747.81 $68,973.66 2 $34.82 $2,785.51 $6,035.28 $72,423.37 3 $36.56 $2,924.77 $6,337.01 $76,044.13 4 $38.39 $3,071.01 $6,653.86 $79,846.29 5 $40.31 $3,224.58 $6,986.58 $83,838.99 RANGE 40CF CLASS STEP Hourly Biweekly Monthly Annually Senior Accounting Technician (SACT)X 1 $35.71 $2,856.82 $6,189.78 $74,277.38 Deputy City Clerk (DCC)2 $37.50 $2,999.66 $6,499.26 $77,991.13 3 $39.37 $3,149.65 $6,824.24 $81,890.85 4 $41.34 $3,307.14 $7,165.48 $85,985.74 5 $43.41 $3,472.50 $7,523.75 $90,284.97 RANGE 45-CF CLASS STEP Hourly Biweekly Monthly Annually Assistant City Clerk (ACCL)X 1 $40.40 $3,232.26 $7,003.23 $84,038.74 2 $42.42 $3,393.86 $7,353.37 $88,240.40 3 $44.54 $3,563.54 $7,721.01 $92,652.14 4 $46.77 $3,741.75 $8,107.12 $97,285.43 5 $49.11 $3,928.83 $8,512.46 $102,149.47 RANGE 50CF CLASS STEP Hourly Biweekly Monthly Annually Human Resources Analyst (HRA)X 1 $45.71 $3,656.97 $7,923.44 $95,081.29 2 $48.00 $3,839.86 $8,319.69 $99,836.26 3 $50.40 $4,031.84 $8,735.65 $104,827.75 4 $52.92 $4,233.44 $9,172.46 $110,069.47 5 $55.56 $4,445.11 $9,631.08 $115,572.94 RANGE 51CF CLASS STEP Hourly Biweekly Monthly Annually ERP System Analyst (ERPA)X 1 $46.86 $3,748.41 $8,121.57 $97,458.78 2 $49.20 $3,935.85 $8,527.67 $102,332.00 3 $51.66 $4,132.64 $8,954.05 $107,448.60 4 $54.24 $4,339.28 $9,401.77 $112,821.20 5 $56.95 $4,556.20 $9,871.77 $118,461.29 CITY OF ROHNERT PARK - PAY RATES AND RANGES Confidential Unit (Unrepresented) RANGE 54CF CLASS STEP Hourly Biweekly Monthly Annually Accounting Supervisor (ACSUP)X 1 $50.46 $4,036.65 $8,746.07 $104,952.87 2 $52.98 $4,238.47 $9,183.36 $110,200.34 3 $55.63 $4,450.37 $9,642.46 $115,709.55 4 $58.41 $4,672.90 $10,124.62 $121,495.43 5 $61.33 $4,906.56 $10,630.88 $127,570.61 RANGE 56CF CLASS STEP Hourly Biweekly Monthly Annually Senior Analyst (SRAN)X 1 $53.01 $4,240.99 $9,188.81 $110,265.77 Senior Human Resources Analyst (SRHR)2 $55.66 $4,453.02 $9,648.20 $115,778.44 3 $58.45 $4,675.68 $10,130.65 $121,567.76 4 $61.37 $4,909.48 $10,637.20 $127,646.38 5 $64.44 $5,154.93 $11,169.01 $134,028.06 CITY OF ROHNERT PARK - PAY RATES AND RANGES Rohnert Park Employees' Association (RPEA) RANGE 22RP CLASS STEP Hourly Biweekly Monthly Annually Office Assistant (OFAS)X 1 $22.90 $1,831.71 $3,968.70 $47,624.44 2 $24.04 $1,923.28 $4,167.12 $50,005.38 3 $25.24 $2,019.45 $4,375.48 $52,505.71 4 $26.51 $2,120.43 $4,594.26 $55,131.17 5 $27.83 $2,226.44 $4,823.96 $57,887.49 RANGE 26RP CLASS STEP Hourly Biweekly Monthly Annually Animal Health Technician (AHT)X 1 $25.27 $2,021.88 $4,380.74 $52,568.84 Member Services Specialist (MBSS)2 $26.54 $2,122.95 $4,599.72 $55,196.61 3 $27.86 $2,229.09 $4,829.70 $57,956.37 4 $29.26 $2,340.53 $5,071.16 $60,853.89 5 $30.72 $2,457.59 $5,324.77 $63,897.23 RANGE 30RP CLASS STEP Hourly Biweekly Monthly Annually Accounting Assistant (ACAS)X 1 $27.90 $2,231.74 $4,835.44 $58,025.26 Administrative Assistant I (ADAS1)2 $29.29 $2,343.36 $5,077.28 $60,927.37 Public Safety Records Clerk (PSRC)3 $30.76 $2,460.50 $5,331.08 $63,972.99 4 $32.29 $2,583.56 $5,597.70 $67,172.45 5 $33.91 $2,712.71 $5,877.53 $70,530.33 RANGE 32RP CLASS STEP Hourly Biweekly Monthly Annually Accounting Technician I (ACTC1)X 1 $29.31 $2,344.73 $5,080.25 $60,962.96 Animal Shelter Coordinator (ANSC)2 $30.77 $2,461.96 $5,334.24 $64,010.88 Community Service Program Coordinator (CSPCO)3 $32.31 $2,585.06 $5,600.96 $67,211.49 Theater Services Coordinator (TSCO)4 $33.93 $2,714.34 $5,881.07 $70,572.80 5 $35.63 $2,850.02 $6,175.05 $74,100.59 RANGE 34RP CLASS STEP Hourly Biweekly Monthly Annually Administrative Assistant II (ADAS2)X 1 $30.79 $2,463.46 $5,337.49 $64,049.91 Building Permit Technician I (BPT1)2 $32.33 $2,586.60 $5,604.31 $67,251.67 3 $33.95 $2,715.93 $5,884.51 $70,614.13 4 $35.65 $2,851.74 $6,178.78 $74,145.35 5 $37.43 $2,994.32 $6,487.69 $77,852.23 RANGE 35RP CLASS STEP Hourly Biweekly Monthly Annually Community Development Technician (CDTC)X 1 $31.56 $2,525.01 $5,470.85 $65,650.21 Engineering Technician I (ENGT)2 $33.14 $2,651.29 $5,744.46 $68,933.46 GIS Technician I (GIST)3 $34.80 $2,783.84 $6,031.65 $72,379.75 4 $36.54 $2,923.05 $6,333.28 $75,999.35 5 $38.37 $3,069.20 $6,649.94 $79,799.22 RANGE 36RP CLASS STEP Hourly Biweekly Monthly Annually Accounting Technician II (ACTC2)X 1 $32.35 $2,588.15 $5,607.65 $67,291.84 Community Services Analyst (CSAN)2 $33.97 $2,717.56 $5,888.05 $70,656.62 Property Technician (PRPT)3 $35.67 $2,853.42 $6,182.41 $74,188.97 Technical Director (TECH)4 $37.45 $2,996.13 $6,491.61 $77,899.28 5 $39.32 $3,145.90 $6,816.11 $81,793.28 RANGE 38RP CLASS STEP Hourly Biweekly Monthly Annually Communications Specialist (COMS)X 1 $33.99 $2,719.20 $5,891.59 $70,699.08 2 $35.69 $2,855.14 $6,186.15 $74,233.75 3 $37.47 $2,997.89 $6,495.43 $77,945.21 4 $39.35 $3,147.79 $6,820.22 $81,842.65 5 $41.31 $3,305.16 $7,161.17 $85,934.08 CITY OF ROHNERT PARK - PAY RATES AND RANGES Rohnert Park Employees' Association (RPEA) RANGE 39RP CLASS STEP Hourly Biweekly Monthly Annually Building Permit Technician II (BPT2)X 1 $34.84 $2,787.15 $6,038.82 $72,465.85 Engineering Technician II (EGT2)2 $36.58 $2,926.50 $6,340.74 $76,088.90 GIST Technician II (GIST2)3 $38.41 $3,072.82 $6,657.78 $79,893.34 Information Systems Technician I (IST1)4 $40.33 $3,226.48 $6,990.70 $83,888.36 5 $42.35 $3,387.81 $7,340.26 $88,083.13 RANGE 41RP CLASS STEP Hourly Biweekly Monthly Annually Crime Analyst (CRA)X 1 $36.60 $2,928.26 $6,344.57 $76,134.83 Fire Inspector (FINS)2 $38.43 $3,074.68 $6,661.80 $79,941.57 3 $40.36 $3,228.42 $6,994.91 $83,938.87 4 $42.37 $3,389.80 $7,344.57 $88,134.79 5 $44.49 $3,559.31 $7,711.83 $92,541.93 RANGE 42RP CLASS STEP Hourly Biweekly Monthly Annually Assistant Planner (PLNR1)X 1 $37.52 $3,001.47 $6,503.18 $78,038.20 Building Inspector I (BINS)2 $39.39 $3,151.55 $6,828.35 $81,940.22 Code Compliance Officer I (CCO)3 $41.36 $3,309.13 $7,169.78 $86,037.39 Public Works Inspector I (PWIN)4 $43.43 $3,474.57 $7,528.24 $90,338.92 5 $45.60 $3,648.27 $7,904.59 $94,855.13 RANGE 43RP CLASS STEP Hourly Biweekly Monthly Annually Community Engagement Coordinator (CMNG)X 1 $38.46 $3,076.49 $6,665.72 $79,988.64 Information Systems Technician II (IST2)2 $40.38 $3,230.32 $6,999.02 $83,988.24 3 $42.40 $3,391.83 $7,348.97 $88,187.60 4 $44.52 $3,561.42 $7,716.42 $92,597.02 5 $46.74 $3,739.50 $8,102.24 $97,226.88 RANGE 44RP CLASS STEP Hourly Biweekly Monthly Annually Animal Shelter Supervisor (ALSS)X 1 $39.42 $3,153.40 $6,832.37 $81,988.43 Community Services Supervisor (CSSV)2 $41.39 $3,311.07 $7,173.99 $86,087.92 Homeless Services Coordinator (HSCO)3 $43.46 $3,476.65 $7,532.74 $90,392.89 Management Analyst I (MANA1)4 $45.63 $3,650.48 $7,909.38 $94,912.53 Property and Records Supervisor (PARS)5 $47.91 $3,832.97 $8,304.77 $99,657.19 RANGE 46RP CLASS STEP Hourly Biweekly Monthly Annually Building Inspector II (BINS2)X 1 $41.41 $3,313.06 $7,178.30 $86,139.57 Code Compliance Officer II (CCO2)2 $43.48 $3,478.72 $7,537.24 $90,446.84 Environmental Coordinator (EVC)3 $45.66 $3,652.65 $7,914.07 $94,968.78 Public Works Inspector II (PWIN2)4 $47.94 $3,835.26 $8,309.74 $99,716.88 5 $50.34 $4,027.02 $8,725.22 $104,702.60 RANGE 47RP CLASS STEP Hourly Biweekly Monthly Annually Accountant (ACCT)X 1 $42.45 $3,395.89 $7,357.77 $88,293.21 Purchasing Agent (PAGT)2 $44.57 $3,565.66 $7,725.60 $92,707.23 3 $46.80 $3,743.95 $8,111.90 $97,342.82 4 $49.14 $3,931.17 $8,517.53 $102,210.31 5 $51.60 $4,127.69 $8,943.34 $107,320.02 RANGE 48RP CLASS STEP Hourly Biweekly Monthly Annually Associate Planner (PLNR2)X 1 $43.51 $3,480.76 $7,541.64 $90,499.65 2 $45.69 $3,654.81 $7,918.75 $95,025.04 3 $47.97 $3,837.56 $8,314.71 $99,776.56 4 $50.37 $4,029.45 $8,730.48 $104,765.74 5 $52.89 $4,230.92 $9,167.00 $110,004.03 CITY OF ROHNERT PARK - PAY RATES AND RANGES Rohnert Park Employees' Association (RPEA) RANGE 50RP CLASS STEP Hourly Biweekly Monthly Annually Assistant Engineer (ASEN)X 1 $45.71 $3,656.97 $7,923.44 $95,081.29 Management Analyst II (MANA2)2 $48.00 $3,839.86 $8,319.69 $99,836.26 Project Coodinator (PROJC)3 $50.40 $4,031.84 $8,735.65 $104,827.75 Senior Building Inspector (SBIN)4 $52.92 $4,233.44 $9,172.46 $110,069.47 Senior Code Compliance Officer (SCCO)5 $55.56 $4,445.11 $9,631.08 $115,572.94 Senior Public Works Inspector (SRPW) RANGE 51RP CLASS STEP Hourly Biweekly Monthly Annually Information Systems Analyst (ISAN)X 1 $46.86 $3,748.41 $8,121.57 $97,458.78 Senior Accountant (SRAC)2 $49.20 $3,935.85 $8,527.67 $102,332.00 Senior Geographic Info System (GIS) Analyst (SGIA)3 $51.66 $4,132.64 $8,954.05 $107,448.60 4 $54.24 $4,339.28 $9,401.77 $112,821.20 5 $56.95 $4,556.20 $9,871.77 $118,461.29 RANGE 52RP CLASS STEP Hourly Biweekly Monthly Annually Sustainability Manager (SUST)X 1 $48.03 $3,842.11 $8,324.57 $99,894.81 2 $50.43 $4,034.22 $8,740.81 $104,889.73 3 $52.95 $4,235.96 $9,177.91 $110,134.90 4 $55.60 $4,447.72 $9,636.72 $115,640.66 5 $58.38 $4,670.12 $10,118.59 $121,423.11 RANGE 54RP CLASS STEP Hourly Biweekly Monthly Annually Project Manager (PMCD)X 1 $50.46 $4,036.65 $8,746.07 $104,952.87 Senior Planner (SRPL)2 $52.98 $4,238.47 $9,183.36 $110,200.34 3 $55.63 $4,450.37 $9,642.46 $115,709.55 4 $58.41 $4,672.90 $10,124.62 $121,495.43 5 $61.33 $4,906.56 $10,630.88 $127,570.61 RANGE 56RP CLASS STEP Hourly Biweekly Monthly Annually Associate Engineer (CIVE)X 1 $53.01 $4,240.99 $9,188.81 $110,265.77 Senior Public Works Analyst (SPWA)2 $55.66 $4,453.02 $9,648.20 $115,778.44 3 $58.45 $4,675.68 $10,130.65 $121,567.76 4 $61.37 $4,909.48 $10,637.20 $127,646.38 5 $64.44 $5,154.93 $11,169.01 $134,028.06 RANGE 58RP CLASS STEP Hourly Biweekly Monthly Annually Code Compliance Program Manager (CCPM)X 1 $55.70 $4,455.67 $9,653.94 $115,847.31 Senior Engineer (SRENG)2 $58.48 $4,678.46 $10,136.67 $121,640.07 3 $61.40 $4,912.39 $10,643.51 $127,722.13 4 $64.48 $5,158.02 $11,175.70 $134,108.42 5 $67.70 $5,415.92 $11,734.49 $140,813.84 CITY OF ROHNERT PARK - PAY RATES AND RANGES Service Employees' International Union (SEIU) Local 1021 - Maintenance Workers RANGE 23SE STEP Hourly Biweekly Monthly Annually Custodian (CUST)1 $23.19 $1,854.87 $4,018.89 $48,226.62 2 $24.35 $1,947.61 $4,219.83 $50,637.94 3 $25.56 $2,044.99 $4,430.82 $53,169.84 4 $26.84 $2,147.24 $4,652.36 $55,828.34 5 $28.18 $2,254.61 $4,884.98 $58,619.75 RANGE 24SE STEP Hourly Biweekly Monthly Annually Landscape Maintenance Worker (LMW)1 $23.77 $1,901.24 $4,119.36 $49,432.29 2 $25.01 $2,000.88 $4,335.25 $52,022.97 3 $26.26 $2,100.96 $4,552.09 $54,625.04 4 $27.57 $2,205.98 $4,779.63 $57,355.55 5 $28.95 $2,316.29 $5,018.63 $60,223.60 RANGE 26SE STEP Hourly Biweekly Monthly Annually Utilities Service Representative (USR)1 $25.03 $2,002.11 $4,337.90 $52,054.81 2 $26.28 $2,102.19 $4,554.74 $54,656.87 3 $27.59 $2,207.29 $4,782.47 $57,389.65 4 $28.97 $2,317.65 $5,021.57 $60,258.84 5 $30.42 $2,433.55 $5,272.70 $63,272.41 RANGE 31SE STEP Hourly Biweekly Monthly Annually Parks Maintenance Worker I (PMW1)1 $28.31 $2,265.18 $4,907.89 $58,894.73 Streets Maintenance Worker I (SMW1)2 $29.73 $2,378.42 $5,153.25 $61,838.96 3 $31.22 $2,497.34 $5,410.91 $64,930.96 4 $32.78 $2,622.21 $5,681.46 $68,177.57 5 $34.42 $2,753.34 $5,965.56 $71,586.73 RANGE 33SE STEP Hourly Biweekly Monthly Annually Collection System Operator I (CSO1)1 $29.75 $2,379.86 $5,156.37 $61,876.47 Facilities Maintenance Worker I (FMW1)2 $31.24 $2,498.83 $5,414.13 $64,969.61 Maintenance Worker I (MW1)3 $32.80 $2,623.79 $5,684.87 $68,218.49 Water Distribution Operator I (WDO1)4 $34.44 $2,755.00 $5,969.16 $71,629.92 Water System Operator I (WSO1)5 $36.16 $2,892.72 $6,267.56 $75,210.74 RANGE 35SE STEP Hourly Biweekly Monthly Annually Parks Maintenance Worker II (PMW2)1 $31.25 $2,500.32 $5,417.35 $65,008.25 Streets Maintenance Worker II (SMW2)2 $32.82 $2,625.36 $5,688.28 $68,259.41 3 $34.46 $2,756.61 $5,972.67 $71,671.98 4 $36.18 $2,894.47 $6,271.35 $75,256.22 5 $37.99 $3,039.19 $6,584.91 $79,018.91 RANGE 37SE STEP Hourly Biweekly Monthly Annually Collection System Operator II (CSO2)1 $32.84 $2,626.89 $5,691.60 $68,299.20 Facilities Maintenance Worker II (FMW2)2 $34.48 $2,758.28 $5,976.27 $71,715.19 Maintenance Worker II (MW2)3 $36.20 $2,896.17 $6,275.05 $75,300.54 Water Distribution Operator II (WDO2)4 $38.01 $3,040.98 $6,588.79 $79,065.51 Water System Operator II (WSO2)5 $39.91 $3,193.05 $6,918.27 $83,019.18 RANGE 39SE STEP Hourly Biweekly Monthly Annually Irrigation Maintenance Technician (IMT)1 $34.50 $2,759.89 $5,979.77 $71,757.24 Parks Maintenance Worker III (PMW3)2 $36.22 $2,897.88 $6,278.74 $75,344.88 Streets Maintenance Worker III (SMW3)3 $38.03 $3,042.77 $6,592.68 $79,112.11 4 $39.94 $3,194.93 $6,922.34 $83,068.08 5 $41.93 $3,354.69 $7,268.48 $87,221.81 CITY OF ROHNERT PARK - PAY RATES AND RANGES Service Employees' International Union (SEIU) Local 1021 - Maintenance Workers RANGE 40SE STEP Hourly Biweekly Monthly Annually Fleet Mechanic (FMEC)1 $35.36 $2,828.89 $6,129.26 $73,551.06 2 $37.13 $2,970.33 $6,435.71 $77,228.50 3 $38.99 $3,118.85 $6,757.51 $81,090.09 4 $40.94 $3,274.81 $7,095.41 $85,144.95 5 $42.98 $3,438.54 $7,450.18 $89,402.13 RANGE 41SE STEP Hourly Biweekly Monthly Annually Collection System Operator III (CSO3)1 $36.25 $2,899.63 $6,282.53 $75,390.34 Facilities Maintenance Worker III (FMW3)2 $38.06 $3,044.61 $6,596.66 $79,159.87 Water Distribution Operator III (WDO3)3 $39.96 $3,196.85 $6,926.51 $83,118.09 Water System Operator III (WSO3)4 $41.96 $3,356.65 $7,272.75 $87,272.98 5 $44.06 $3,524.50 $7,636.42 $91,637.01 RANGE 42SE STEP Hourly Biweekly Monthly Annually Arborist (ARB)1 $37.15 $2,972.12 $6,439.59 $77,275.12 Utility Maintenance Mechanic (UMM)2 $39.01 $3,120.73 $6,761.58 $81,138.98 3 $40.96 $3,276.77 $7,099.68 $85,196.10 4 $43.01 $3,440.60 $7,454.63 $89,455.55 5 $45.16 $3,612.60 $7,827.30 $93,927.60 RANGE 44SE STEP Hourly Biweekly Monthly Annually Instrumentation Technician (INST)1 $39.03 $3,122.57 $6,765.56 $81,186.72 2 $40.98 $3,278.70 $7,103.84 $85,246.11 3 $43.03 $3,442.65 $7,459.08 $89,508.98 4 $45.18 $3,614.79 $7,832.04 $93,984.44 5 $47.44 $3,795.49 $8,223.56 $98,682.70 RANGE 45SE STEP Hourly Biweekly Monthly Annually Parks Maintenance Supervisor (PMS)1 $40.01 $3,200.65 $6,934.75 $83,216.98 Streets Maintenance Supervisor (SMS)2 $42.01 $3,360.68 $7,281.46 $87,377.56 3 $44.11 $3,528.70 $7,645.51 $91,746.14 4 $46.31 $3,705.16 $8,027.85 $96,334.14 5 $48.63 $3,890.41 $8,429.22 $101,150.63 RANGE 46SE STEP Hourly Biweekly Monthly Annually Collection System Supervisor (CSS)1 $41.01 $3,280.66 $7,108.11 $85,297.27 Facilities Maintenance Supervisor (FMS)2 $43.06 $3,444.71 $7,463.53 $89,562.41 Fleet Services Supervisor (FSS)3 $45.21 $3,616.93 $7,836.68 $94,040.14 Water Distribution Supervisor (WDS)4 $47.47 $3,797.76 $8,228.48 $98,741.81 Water System Supervisor (WSS)5 $49.85 $3,987.65 $8,639.90 $103,678.77 CITY OF ROHNERT PARK - PAY RATES AND RANGES Rohnert Park Public Safety Officers' Association (RPPSOA) RANGE 26PS CLASS STEP Hourly Biweekly Monthly Annually Public Safety Officer Trainee (PSOT)S 5 $31.32 $2,505.42 $5,428.42 $65,141.04 RANGE 32PS CLASS STEP Hourly Biweekly Monthly Annually Community Services Officer (CSO)S-CSO 1 $29.88 $2,390.37 $5,179.14 $62,149.65 2 $31.37 $2,509.88 $5,438.08 $65,256.90 3 $32.94 $2,635.38 $5,709.98 $68,519.80 4 $34.59 $2,767.18 $5,995.55 $71,946.55 5 $36.32 $2,905.50 $6,295.25 $75,543.01 RANGE 34PS CLASS STEP Hourly Biweekly Monthly Annually Public Safety Dispatcher I (PSD)XD 1 $32.64 $2,611.38 $5,657.99 $67,895.89 2 $34.27 $2,741.92 $5,940.82 $71,289.89 3 $35.99 $2,879.01 $6,237.86 $74,854.26 4 $37.79 $3,022.98 $6,549.79 $78,597.52 5 $39.68 $3,174.11 $6,877.25 $82,526.97 RANGE 34HP CLASS STEP Hourly PT Public Safety Dispatcher I (PTD) - Hourly XD 1 $32.64 2 $34.27 3 $35.99 4 $37.79 5 $39.68 RANGE 38PS CLASS STEP Hourly Biweekly Monthly Annually Public Safety Dispatcher II (PSD2)XD 1 $36.03 $2,882.47 $6,245.36 $74,944.31 2 $37.83 $3,026.59 $6,557.60 $78,691.22 3 $39.72 $3,177.91 $6,885.46 $82,625.55 4 $41.71 $3,336.81 $7,229.75 $86,757.01 5 $43.80 $3,503.62 $7,591.18 $91,094.12 RANGE 38HP CLASS STEP Hourly PT Public Safety Dispatcher II (PTD2) - Hourly XD 1 $36.03 2 $37.83 3 $39.72 4 $41.71 5 $43.80 RANGE 46PS CLASS STEP Hourly Biweekly Monthly Annually Public Safety Communications Supervisor XD 1 $43.90 $3,512.00 $7,609.33 $91,311.95 (PSCS)2 $46.10 $3,687.61 $7,989.82 $95,877.85 3 $48.40 $3,871.97 $8,389.28 $100,671.31 4 $50.82 $4,065.56 $8,808.71 $105,704.51 5 $53.36 $4,268.83 $9,249.14 $110,989.63 RANGE 48PS CLASS STEP Hourly Biweekly Monthly Annually Public Safety Officer I (PSO1)S 1 $43.51 $3,480.92 $7,541.99 $90,503.89 2 $45.69 $3,654.97 $7,919.09 $95,029.13 3 $47.97 $3,837.73 $8,315.08 $99,781.01 4 $50.37 $4,029.63 $8,730.86 $104,770.36 5 $52.89 $4,231.12 $9,167.44 $110,009.24 6 $55.53 $4,442.68 $9,625.81 $115,509.69 CITY OF ROHNERT PARK - PAY RATES AND RANGES Rohnert Park Public Safety Officers' Association (RPPSOA) RANGE 49PS CLASS STEP Hourly Biweekly Monthly Annually Public Safety Officer II (PSO2)S 1 $44.60 $3,567.94 $7,730.54 $92,766.51 2 $46.83 $3,746.35 $8,117.09 $97,405.08 3 $49.17 $3,933.66 $8,522.92 $102,275.09 4 $51.63 $4,130.38 $8,949.15 $107,389.81 5 $54.21 $4,336.88 $9,396.57 $112,758.86 6 $56.92 $4,553.72 $9,866.40 $118,396.76 RANGE 49APS CLASS STEP Hourly Biweekly Monthly Annually Public Safety Officer III (PSO3)S 1 $46.16 $3,692.85 $8,001.17 $96,013.99 2 $48.47 $3,877.46 $8,401.17 $100,814.08 3 $50.89 $4,071.36 $8,821.27 $105,855.26 4 $53.44 $4,274.94 $9,262.37 $111,148.39 5 $56.11 $4,488.67 $9,725.46 $116,705.51 6 $58.91 $4,713.12 $10,211.76 $122,541.08 RANGE 49BPS CLASS STEP Hourly Biweekly Monthly Annually Public Safety Officer IV (PSO4)S 1 $48.47 $3,877.46 $8,401.17 $100,814.08 2 $50.89 $4,071.36 $8,821.27 $105,855.26 3 $53.44 $4,274.94 $9,262.37 $111,148.39 4 $56.11 $4,488.67 $9,725.46 $116,705.51 5 $58.91 $4,713.12 $10,211.76 $122,541.08 6 $61.86 $4,948.78 $10,722.37 $128,668.38 RANGE 48F CLASS STEP **Hourly Biweekly Monthly Annually Fire Public Safety Officer I (FPSO1)S 1 $30.15 $3,385.84 $7,335.98 $88,031.75 2 $31.65 $3,555.13 $7,702.78 $92,433.41 3 $33.24 $3,732.90 $8,087.96 $97,055.48 4 $34.90 $3,919.56 $8,492.38 $101,908.55 5 $36.64 $4,115.55 $8,917.03 $107,004.31 6 $38.48 $4,321.33 $9,362.88 $112,354.55 RANGE 49F CLASS STEP **Hourly Biweekly Monthly Annually Fire Public Safety Officer II (FPSO2)S 1 $30.90 $3,470.48 $7,519.38 $90,232.58 2 $32.45 $3,644.02 $7,895.37 $94,744.44 3 $34.07 $3,826.21 $8,290.12 $99,481.42 4 $35.77 $4,017.56 $8,704.70 $104,456.45 5 $37.56 $4,218.42 $9,139.91 $109,678.86 6 $39.44 $4,429.34 $9,596.89 $115,162.72 RANGE 49AF CLASS STEP **Hourly Biweekly Monthly Annually Fire Public Safety Officer III (FPSO3)S 1 $31.98 $3,591.98 $7,782.61 $93,391.35 2 $33.58 $3,771.55 $8,171.70 $98,060.34 3 $35.26 $3,960.15 $8,580.32 $102,963.82 4 $37.02 $4,158.17 $9,009.36 $108,112.36 5 $38.88 $4,366.06 $9,459.81 $113,517.68 6 $40.82 $4,584.38 $9,932.82 $119,193.86 RANGE 49BF CLASS STEP **Hourly Biweekly Monthly Annually Fire Public Safety Officer IV (FPSO4)S 1 $33.58 $3,771.55 $8,171.70 $98,060.34 2 $35.26 $3,960.15 $8,580.32 $102,963.82 3 $37.02 $4,158.17 $9,009.36 $108,112.36 4 $38.88 $4,366.06 $9,459.81 $113,517.68 5 $40.82 $4,584.38 $9,932.82 $119,193.86 6 $42.86 $4,813.61 $10,429.48 $125,153.79 CITY OF ROHNERT PARK - PAY RATES AND RANGES Rohnert Park Public Safety Officers' Association (RPPSOA) RANGE 57PS CLASS STEP Hourly Biweekly Monthly Annually Public Safety Sergeant (PSGT)S 1 $54.34 $4,347.22 $9,418.97 $113,027.68 2 $57.06 $4,564.57 $9,889.90 $118,678.84 3 $59.91 $4,792.82 $10,384.44 $124,613.25 4 $62.91 $5,032.42 $10,903.58 $130,843.00 5 $66.05 $5,284.08 $11,448.85 $137,386.19 6 $69.35 $5,548.26 $12,021.24 $144,254.83 7 $72.86 $5,828.53 $12,628.49 $151,541.89 RANGE 57F CLASS STEP **Hourly Biweekly Monthly Annually Fire Assignment Sergeant (FSGT)S 1 $37.65 $4,228.47 $9,161.69 $109,940.32 2 $39.53 $4,439.89 $9,619.76 $115,437.11 3 $41.51 $4,661.90 $10,100.79 $121,209.43 4 $43.58 $4,894.96 $10,605.75 $127,269.00 5 $45.76 $5,139.75 $11,136.12 $133,633.47 6 $48.05 $5,396.71 $11,692.88 $140,314.50 **Hourly rate based on 2,920 hours annually 7 $50.48 $5,669.33 $12,283.54 $147,402.50 CITY OF ROHNERT PARK - PAY RATES AND RANGES Miscellaneous Part-Time Hourly Positions RANGE H66 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 PT Animal Shelter Assistant (ASA)$18.00 $18.50 $19.00 $19.50 $20.00 $20.50 $21.00 PT Box Office Assistant (PTBA) PT Choreographer (PTCH) PT Community Services Leader (PTCSL) PT Facility Attendant (PTFA) PT Lifeguard (PTLC) PT Musician (PTMU) PT Senior Community Services Leader (PTSCSL) PT Senior Facility Attendant (PTSFA) PT Senior Lifeguard (PTSRL) PT Senior Swim Instructor (PTSIL) PT Swim Instructor (PTIL) PT Theatre Technician I (PTT1) RANGE H67 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 PT Administrative Intern (PTAI)$21.00 $21.50 $22.00 $22.50 $23.00 $23.50 $24.00 PT Arts Center House Manager (PTHM) PT Community Services Coordinator (PTCSC) PT Custodian (PTC) PT Lead Animal Shelter Assistant (LASA) PT Lead Custodian (PTCL) PT Music Director/Conductor (PTMD) PT Office Assistant (PT01) PT Pool Manager (PTPMGR) PT Seasonal Maintenance Assistant (SMA) PT Senior Office Assistant (PT02) PT Stage Manager (PTSM) PT Theatre Marketing Specialist (PTTM) PT Theatre Technician II (PTT2) RANGE H68 STEP 1 STEP 2 STEP 3 PT Information Systems Assistant (PTIS)$30.00 $30.50 $31.00 MISCELLANEOUS RANGE M12 HOURLY RANGE PT Temporary Employee (PTTE)$18.00 - $99.00 INCENTIVES Holidays (City observed) Shift Differential Amount/Percentage Overtime (1.5) for all hours worked $1/hour extra for hours worked between 9:30 p.m. and 7:00 a.m. CITY OF ROHNERT PARK - PAY RATES AND RANGES Pensionable Stipends by Unit All Units Amount/Percentage Acting Pay 5% - 10% *Longevity 2% - 10% ***Supervisory Pay 5% By Employment Contract Amount/Percentage Management Allowance (City Manager)$600/month POST Certification Pay (Director of Public Safety) - Executive 9% ***Uniform Allowance (Director of Public Safety)$1,080/year Confidential Amount/Percentage Bilingual $100/month Educational Incentive - BA/BS, MA/MS $50/month Rohnert Park Employees' Association (RPEA)Amount/Percentage Bilingual $100/month Educational Incentive - MA/MS $50/month Rohnert Park Public Safety Managers' Association (RPPSMA)Amount/Percentage *In-District (non-pensionable)$150/month POST Certification Pay (Commanders) - Supervisory 7.0% POST Certification Pay (Commanders) - Management 8.5% ***Uniform Allowance $1,080/year Rohnert Park Public Safety Officers' Association (RPPSOA)Amount/Percentage Acting Supervisor/Watch Commander 5% - 15% Acting Commander 10% - 15% Bilingual $175/month Canine Handler 3.0% Detective 5.0% Field Training Officer 5.0% Non-Sworn Training Officer 5.0% Motorcycle Duty 5.0% **Intermediate POST Certification 4.5% **Advanced POST Certification 7.0% **Intermediate Dispatcher POST Certification 2.5% **Advanced Dispatcher POST Certification 5.0% **POST Supervisory Certification (Sergeant)9.0% POST Field Evidence Tech Certification (CSO)2.5% Shift Differential 5.0% Special/Extra Assignments 5.0% ***Uniform Allowance $1,080/year (sworn); $540/year (CSO) Service Employees' International Union (SEIU)Amount/Percentage *Certification and License Program - Level I 2.6% *Certification and License Program - Level II 4.5% *Certification and License Program - Level III 6.0% Bilingual $100/month Educational Incentive Pay - Level I $75/month Educational Incentive Pay - Level II $100/month Educational Incentive Pay - Level III $135/month Certified Playground Inspector 1.2% OSHA Certified Trainer 1.2% Pool Operator 1.2% Water Distribution 1 or higher 1.2% Water Treatment 1 or higher 1.2% *Inactive stipend; closed to new ees; **Only one POST stipend paid per ee; ***Only pensionable for classic PERS members ITEM NO. 7.G. OAK #4912-9606-6305 v1 1 Meeting Date: December 10, 2024 Department: Public Works Submitted By: Vanessa Marin Garrett, Director of Public Works Prepared By: Jason Sampietro, Associate Engineer, Public Works Agenda Title: Adopt a Resolution Amending the Fiscal Year (FY) 2024-25 Capital Improvement Plan to add the 2025 Pavement Maintenance Project (CIP2508) with a Project Budget of $900,000.00 as a new Capital Improvement Project, Approving a Budget Amendment to transfer $900,000 from the 2023-24 Various Streets Pavement Management Project (CIP2301) to the new CIP2508 Project, and Authorizing the City Manager to Execute Task Order 2024-08 with GHD Inc. in the Amount of $373,555 for Design Services for the 2025 Pavement Maintenance Project (CIP 2508) RECOMMENDED ACTION: Adopt a Resolution amending the Fiscal Year (FY) 2024-25 Capital Improvement Plan to add the 2025 Pavement Maintenance Project (CIP2508) with a project budget of $900,000 as a new Capital Improvement Project, approving a budget amendment to transfer $900,000.00 from the 2023-24 Various Streets Pavement Management Project (CIP2301) to the new CIP2508 project, and authorizing the City Manager to execute Task Order 2024-08 with GHD Inc. (GHD) in the amount of $373,555 for design services of the 2025 Pavement Maintenance Project, CIP2508. BACKGROUND: Every five years, the City prepares a Pavement Management Plan (PMP). In April 2024, the City received the most current pavement management program report. This report provides a five-year pavement management plan to guide the City on pavement maintenance treatment and timing. The City funds pavement maintenance and management projects on a yearly basis, based on the findings in the PMP. The City’s 2023-24 Various Streets Pavement Management Project (CIP2301) has completed construction and had been budgeted for $900,000 to fund the design of the next pavement project. The 2025 Pavement Maintenance Project (Project) is a Citywide pavement maintenance project intended to maintain roadways in good condition as identified in the report. This project will include: - Crack Seal - Slurry Seal - Cape Seal - Grind and Overlay - Refreshed striping - Accessibility upgrades as necessary CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” ITEM NO. 7.G. OAK #4912-9606-6305 v1 2 ANALYSIS: The City is now ready to begin design for the 2025 Pavement Maintenance Project and drafted a Request for Proposals (RFP) for the design. The RFP was advertised on September 6, 2024, and three proposals were received. On October 24, 2024, staff reviewed the proposals and selected GHD based on their overall ranking as specified in the RFP evaluation rubric. The proposed contract amount for design of the Project PS&E with GHD is $373,555. Staff recommends approving Task Order 2024-08 with GHD to complete this work for the City. The City’s Purchasing Policy requires City Council approval of consultant contracts that exceed $100,000. Staff also recommends creating a new CIP Project for the 2025 Pavement Maintenance Project in order to better track budget and expenses associated with this year’s Pavement Maintenance Project. Staff currently have multiple years’ of pavement maintenance projects in CIP Project 2301, and budget tracking will be much simpler if a new project is created strictly for accounting purposes. The Project number would be CIP2508 and the Project would be funded by a transfer of $900,000 from last year’s Pavement Maintenance Project (2023-24 Various Streets Pavement Management Project CIP2301). Based on the PMP, staff recommends proceeding with the attached design proposal that would increase the condition of our pavement substantially (3 points on a scale from 0-100) and recommends having City Council at a later date consider funding options for the construction piece. The total project cost for this more robust design is around $6 million, and would address some of the City’s major streets that are currently teetering between being able to be maintained through less costly pavement maintenance strategies like slurry and cap seals, and much more costly fixes like reconstruction or grind and overlays. The cost if we do not address these streets in the next few years will rise exponentially. ENVIRONMENTAL ANALYSIS: The scope of work involves slurry, rehabilitation, and striping of various streets throughout the City. Based on the scope of work, staff has determined that this project is categorically exempt from the California Environmental Quality Act (CEQA) under 15301(c) because it addresses repair of existing facilities (streets). STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: The recommended action is consistent with the Strategic Plan for Planning and Infrastructure. This design provides plans, specifications, and an estimate for the 2025 Pavement Maintenance Project. OPTIONS CONSIDERED: 1. Option 1: Staff recommends authorizing Task Order 2024-08 with GHD for the Project Design Services and creating a new CIP project. The City does not have the capacity to prepare this design using City staff. 2. Option 2: The City Council could choose to not fund a design and not create a new CIP project. However, this option is not recommended because it would result in the continual deterioration of City streets. FISCAL IMPACT/FUNDING SOURCE: The City Council approved $3,000,000.00 for Various Street Pavement Maintenance in the Fiscal Year 2023-24 Budget. If approved, the attached Resolution will authorize the Director of Finance to create a new CIP Project No. CIP2508, and a budget amendment of $900,000 to transfer funds from 2023-24 Various Streets Pavement Management Project No. 2301 to fund the new CIP2508 Project, and execute Task Order 2024-08 with GHD for $373,555 for design services. Once the $900,000 is transferred to the new CIP2508, there will be sufficient funding to approve the Task ITEM NO. 7.G. OAK #4912-9606-6305 v1 3 Order 2024-08 with GHD. Department Head Approval Date: 11/21/2024 City Attorney Approval Date: 11/26/2024 Finance Approval Date: 11/22/2024 City Manager Approval Date: 12/2/2024 Attachments : 1. A Resolution Amending the Fiscal Year (FY) 2024-25 Capital Improvement Plan to add the 2025 Pavement Maintenance Project (CIP2508) with a Project Budget of $900,000.00, approving a Budget Amendment to transfer $900,000.00 from the 2023-24 Various Streets Pavement Management Project (CIP2301) to the new CIP2508 Project, and Authorize the City Manager to Execute Task Order 2024-08 with GHD in the Amount of $373,555.00 for Design Services for the 2025 Pavement Maintenance Project (CIP 2508) a. Task Order No. 2024-08 with GHD for the 2025 Pavement Maintenance Project Design Resolution 2024-XXX 1 OAK #4907-2714-8545 v1 RESOLUTION NO. 2024-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING THE FISCAL YEAR (FY) 2024-25 CAPITAL IMPROVEMENT PLAN TO ADD THE 2025 PAVEMENT MAINTENANCE PROJECT (CIP2508) WITH A PROJECT BUDGET OF $900,000.00, APPROVING A BUDGET AMENDMENT TO TRANSFER $900,000.00 FROM THE 2023-24 VARIOUS STREETS PAVEMENT MANAGEMENT PROJECT (CIP2301) TO THE NEW CIP2508 PROJECT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE TASK ORDER 2024-08 WITH GHD WHEREAS, every five years, the City prepares a Pavement Management Plan (PMP) and in April 2024, the City received the most current pavement management program report; and WHEREAS, the City funds pavement maintenance and management projects on a yearly basis, based on the findings in the PMP; and WHEREAS, the City’s 2023-24 Various Streets Pavement Management Project CIP2301 has completed construction and has nearly $1,000,000 in available funds for the next year’s project; and WHEREAS, the 2025 Pavement Maintenance Project (Project) is a Citywide pavement maintenance project intended to maintain roadways in good condition as identified in the PMP for this year; and WHEREAS, the City drafted a Request for Proposals for design of the 2025 Pavement Maintenance Project (Project) and received three proposals; and WHEREAS, GHD provided a scope and fee for design services of the 2025 Pavement Maintenance Project in the amount of $373,555; and WHEREAS, staff recommends that the City Council authorize the City Manager to execute Task Order 2024-08 with GHD; and WHEREAS, the 2025 Pavement Maintenance Project is a project that is categorically exempt from the requirements of CEQA pursuant to CEQA Guidelines sections 15301(c) (Existing Facilities Maintenance); and WHEREAS, in order to better track budget and expenses associated with this year’s Pavement Maintenance Project, the FY 2024-25 Capital Improvement Plan (CIP) Budget must be amended to add the 2025 Pavement Maintenance Project (CIP2508) to the five-year CIP Program; and WHEREAS, the new CIP Project number would be CIP2508 and the Project would be funded by a transfer of $900,000 from last year’s Pavement Maintenance Project, 2023-24 Various Streets Pavement Management Project CIP2301. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve as follows: 1. The above recitals are true and correct and material to this Resolution. 2. City Council hereby authorizes the Director of Finance to amend the Five-Year CIP and Resolution 2024-108 Page 2 of 2 FY 24-25 CIP Budget to add the 2025 Pavement Maintenance Project (CIP2508) with a project budget of $900,000.00, which funds are to be transferred from the 2023-24 Various Streets Pavement Management Project (CIP2301) into Project CIP2508. 3. The Project is categorically exempt from the California Environmental Quality Act (CEQA) under Guideline 15301(c) due to the project constituting a repair of existing streets. Staff is directed to file a notice of exemption with the Sonoma County Clerk- Recorder. 4. The City Manager is hereby authorized and directed to execute Task Order 2024-08 with GHD in an amount not to exceed $373,555 for design services for the 2025 Pavement Maintenance Project (CIP2508) and the City Attorney’s office is authorized to make minor edits to the documents as necessary. DULY AND REGULARLY ADOPTED this 10th day of December, 2024. CITY OF ROHNERT PARK ____________________________________ ATTEST: Susan H. Adams, Mayor ______________________________ Sylvia Lopez Cuevas, City Clerk APPROVED AS TO FORM: ______________________________ Michelle M. Kenyon, City Attorney Attachments: Exhibit A ELWARD: _________ RODRIGUEZ: _________SANBORN: _________ GIUDICE: _________ ADAMS: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ITEM NO. 7.H. 1 Meeting Date: December 10, 2024 Department: Public Works Submitted By: Vanessa Garrett, Director of Public Works Prepared By: Eydie Tacata, Senior Public Works Analyst Agenda Title: Adopt Resolution Accepting Federal Subgrant Award of $10,189.15 from the Hazard Mitigation Grant Program (HMGP) and Authorizing the Finance Director to Appropriate Same to the Autonomous Fire Watch System Project (CIP2304) RECOMMENDED ACTION: Adopt Resolution accepting Federal subgrant award of $10,189.15 from the Hazard Mitigation Grant Program (HMGP) and Authorizing the Finance Director to Appropriate Same to the Autonomous Fire Watch System Project (CIP2304). BACKGROUND: In August 2021, the City submitted a grant subapplication to the Governor’s Office of Emergency Services (CalOES) for the installation of an autonomous infrared camera system to monitor fire and hotspot activity along the eastern wildland-urban interface of Rohnert Park. The City’s subappplication for the Autonomous Fire Watch System (“Project”) was to be included in an overall CalOES grant application for Hazard Mitigation Grant Program (HMGP) funding from the Federal Emergency Management Agency (FEMA). In July 2022, CalOES notified the City that FEMA awarded a subgrant to the City in the amount of $152,837.25 in HMGP funds for the design, purchase and installation of the Project. In August 2022, the City Council adopted Resolution No. 2022-098, adding the Project to the FY 22-23 Capital Improvement Plan as Project No. CIP2304, with a budget of $226,783.40 which included the $152,837.25 in HMGP funds and $73,946.15 in local match funds. In April 2023, the City was notified by CalOES of an additional subgrant award of $10,189.15 in HMGP Subrecipient Management Cost Reimbursement funds to be used on administration of the grant funds for the Project. (The notification is attached as Exhibit A of the Resolution.) ANALYSIS: City staff have proceeded with the project as scheduled: Cameras are already procured and ready for installation at the three locations on existing poles at the eastern City limits. The City is compliant with all FEMA and CalOES procedures, including timely reporting and requests for grant reimbursements for project costs as well as grant administration costs. When the project is completed, the grant administration activities for closeout will include submitting to CalOES and FEMA, narratives about the completed project and resulting community benefits, photo documentation, final financial documentation for retention release to the City, and assembly of a complete project file. These activities are meant to be funded by the HMGP Subrecipient Management Cost Reimbursement funds. 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.H. 2 City internal finance procedures requires formal acceptance of grant awards in order to include such funds in a project budget. As the notification of the subgrant for Subrecipient Management Cost Reimbursement Cost award came after the initial establishment of the Project in the FY 22-23 CIP Budget, the $10,189.15 grant has not yet been formally accepted for inclusion in the project budget. In order to comply with City internal procedures, staff recommends that the City Council approve the attached resolution to accept the Subrecipient Management Cost Reimbursement Cost subgrant award of $10,189.15 and authorize the Finance Director or their designee to make any accounting adjustments necessary to execute HMGP program grant in accordance with applicable laws. ENVIRONMENTAL ANALYSIS: This action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15061(b)(3) and 15301. STRATEGIC PLAN AND COUNCIL GOALS/PRIORITIES ALIGNMENT: The Council action to accept the grant aligns with the Council broad goal of “Planning and Infrastructure”, as the grant provides the resources for new infrastructure to protect the community in the event wildfire disasters in accordance with the City’s Local Hazard Mitigation Plan. OPTIONS CONSIDERED: 1. Recommended Option: Adopt a resolution to formally accept the awarded Federal HMGP funds for subrecipient management costs for the Autonomous Fire Watch System project and increase appropriations to Project. 2. Alternative: Do not adopt formally accept this subgrant. Staff does not recommend this as the City has already submitted reimbursement requests toward grant-eligible activities for the project. FISCAL IMPACT/FUNDING SOURCE: This Council action of accepting the grant will increase the Federal grants receivable in the General Fund by $10,189.15 as well as increase funding appropriations to the Project by same amount. Department Head Approval Date: 12/02/24 Finance Approval Date: 11/27//24 City Attorney Approval Date: N/A City Manager Approval Date: 12/04/24 Attachments: 1. Resolution 2. Exhibit A to Resolution: Notification of Approval of Subrecipient Management Cost Reimbursement, dated April 7, 2023 RESOLUTION NO. 2024-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ACCEPTING FEDERAL SUBGRANT AWARD OF $10,189.15 FROM THE HAZARD MITIGATION GRANT PROGRAM (HMGP) AND AUTHORIZING THE FINANCE DIRECTOR TO APPROPRIATE SAME TO THE AUTONOMOUS FIRE WATCH SYSTEM PROJECT (CIP2304) WHEREAS, in August 2021, the City submitted a grant subapplication to the Governor’s Office of Emergency Services (CalOES) for the Autonomous Fire Watch System (“Project”), a project to design, purchase and install an infrared camera system to monitor fire and hotspot activity along the eastern wildland-urban interface of Rohnert Park; and WHEREAS, in July 2022, CalOES notified the City that Federal Emergency Management Agency (FEMA) awarded the City a subgrant in the amount of $152,837.25 in Hazard Mitigation Grant Program (HMGP) funds for the Project; and WHEREAS, in August 2022, the City Council adopted Resolution No. 2022-098, adding the Project to the FY 22-23 Capital Improvement Plan as Project No. CIP2304, with a budget of $226,783.40 which included the $152,837.25 in HMGP funds and $73,946.15 in local match funds. WHEREAS in April 2023, the City was notified by CalOES of an additional award of $10,189.15 in HMGP Subrecipient Management Cost Reimbursement funds to be used on administration of the grant funds for the Project; and WHEREAS, the Project is an important regional hazard mitigation project; and WHEREAS, the City needs to formally accept the $10,189.15 in HMGP Subrecipient Management Cost Reimbursement grant funds for proper accounting and compliance with internal procedures. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert Park accepts the grant award of $10,189.15 in Federal HMGP funding. BE IT FURTHER RESOLVED that the Finance Director or their designee is authorized to increase appropriations in the amount of $10,189.15 and to make any other accounting adjustments necessary to execute the supplemental HMGP subgrant in accordance with applicable laws. DULY AND REGULARLY ADOPTED this 10th day of December, 2024. CITY OF ROHNERT PARK ___________________________________ ATTEST: Susan H. Adams, Mayor ______________________________ Sylvia Lopez Cuevas, City Clerk Resolution 2024-109 Page 2 of 2 APPROVED AS TO FORM: ______________________________ Michelle M. Kenyon, City Attorney Attachments: Exhibit A ELWARD: _________ RODRIGUEZ: _________SANBORN: _________ GIUDICE: _________ ADAMS: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ITEM NO. 7.I. OAK #4906-1593-4209 v1 1 Meeting Date: December 10, 2024 Department: Public Works and Community Services Submitted By: Vanessa Garrett, Director of Public Works Prepared By: Terrie Zwillinger, CIP Program Manager, Department of Public Works Agenda Title: Adopt a Resolution Authorizing Bond Funding from the 2007R Tax Allocation Bond Funds for the City Hall Improvements Project CIP2501 and Public Safety Main Rooftop Patio Project No. CIP2502Currently Financed through the General Fund and Approving a Budget Amendment Swapping $1.3 million of Bond Funding from the Downtown Infrastructure Project No. CIP2226 with $1.3 million of General Fund Funding from the City Hall Improvements Project CIP2501 and the Public Safety Main Rooftop Patio Project No. CIP2502 RECOMMENDED ACTION: Adopt a Resolution authorizing bond funding from the 2007R Tax Allocation Bond funds for the City Hall Improvements Project CIP2501 and Public Safety Main Rooftop Patio Project CIP2502 which are currently financed using General Funds and approving a budget amendment to swap $1.3 million in bond funding from the Downtown Infrastructure Project No. CIP2226 with $1.3 million of General Funds currently financing the City Hall Improvements Project CIP2501 and Public Safety Main Rooftop Patio Project CIP2502. BACKGROUND: Bond Funds (Account 7130): On August 25, 2015, the City Council approved the use of 2007R Tax Allocation Bond funds (“Bond Funds”) for a specified list of projects in the former Redevelopment Project Area (see Project Area Map in Attachment 1). The August 2015 City Council Staff Report indicated that staff would request approval from the City Council to add any new projects to be funded through Bond Funds. The original amount of funding available in the Bond Fund (Account 7130) was $10,261,314. Bond Funds have been used to finance fifteen (15) public improvement projects for a total of $8,009,420. There is a $2,561,704 balance remaining in the Bond Funds account that is not assigned currently to any projects. Fourteen (14) of the projects financed with Bond Funds have been completed and closed. The Downtown Infrastructure Project No. CIP2226 is the only active project to be financed with Bond Funds. The Project has a total budget of $10,200,000, which is comprised of $3.2 million in Bond Funds, $4 million in General Funds, $1.3 million in Casino Supplemental Funds, $500,000 in Casino Neighborhood Upgrade Funds, and $1.2 million of City of Rohnert Park Foundation Funds. 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.I. OAK #4906-1593-4209 v1 2 ANALYSIS: In preparation for the next Five-Year Capital Improvement Plan (CIP) program update, the Public Works and Finance Department staff analyzed the FY 24-25 City and CIP Budgets and identified opportunities to improve CIP program budgeting. With the wind down of Redevelopment and the creation of the Successor Agency, it has taken the City some time to identify and use the remaining bond proceeds. It is important to prioritize the spending of bond funds in order to conserve General Funds for other uses. One such opportunity would be to fund both the City Hall Improvements Project No. CIP2501 and the Public Safety Roof Replacement Project CIP2502 using Bond Funds instead of General Fund financing. On October 22, 2024, the City Council approved the City Hall Improvements Project No. CIP2501 for $800,000 and the Public Safety Roof Replacement Project CIP2502 for $500,000. Both projects are located within the former Redevelopment Project Area and are currently funded by General Fund resources (Fund F7109). While developing a funding plan for these projects, it was determined that these two projects would more appropriately be funded by Bond Funds as opposed to General Fund resources. In order for these projects to be funded with Budget Account F7130 Bond Funds, the City Council must approve this action. Staff proposes to swap $1.3 million of the $3.2 million of Bond Funds currently budgeted for the Downtown Infrastructure Project No. CIP2226 with $1.3 million of General Fund resources currently financing the City Hall Improvements Project CIP2501 and the Public Safety Main Rooftop Patio Project CIP2502. The result would be that total funding for the Downtown Infrastructure Project will remain at $10.2 million. The only changes would be that the Bond Funding for the Downtown project will be decreased by $1.3 million and the General Fund financing will be increased by $1,300,000, while the General Fund financing for both the City Hall Improvements project and the Public Safety Rooftop project would be reduced by $1.3 million and the Bond Funding for those projects - if approved by the City Council to be included for Bond Funding - would be increased by $1.3 million. ITEM NO. 7.I. OAK #4906-1593-4209 v1 3 If approved, the attached Resolution would approve a budget amendment to move the funds as follows: Project Name Fund Name Current Budget Amount ($) $Change +/- Revised Budget Amount ($) Downtown Infrastructure CIP2226 Bond 3 F7130 3,200,000.00 (1,300,000.00) 1,900,000.00 Downtown Infrastructure CIP2226 General Fund Funding (F7109) 4,000,000.00 1,300,000.00 5,300,000.00 City Hall Improvements CIP2501 General Fund Funding (F7109) 800,000.00 (800,000.00) - City Hall Improvements CIP2501 Bond 3 F7130 - 800,000.00 800,000.00 Public Safety Main Rooftop Patio Project CIP2502 General Fund Funding (F7109) 500,000.00 (500,000.00) - Public Safety Main Rooftop Patio Project CIP2502 Bond 3 F7130 - 500,000.00 500,000.00 ENVIRONMENTAL ANALYSIS: This action is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15061(b)(3) where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. STRATEGIC PLAN AND COUNCIL GOALS/PRIORITIES ALIGNMENT: The recommended action is consistent with Strategic Plan Goal C – Effective Delivery of Public Services by making the best use of allowable bond proceeds while conserving General Funds for their intended purposes. It is also consistent with Strategic Plan Goal D – Continue to Develop a Vibrant Community by improving facilities that are aging with new infrastructure and features and undertaking projects within the CIP to improve the City amenities for the City’s residents and businesses. OPTIONS CONSIDERED 1. Recommended Option: Staff recommends authorizing the addition of two projects to receive Bond F7130 funding and swapping the Bond Funding from the Downtown Infrastructure Project with the General Fund Funding from the City Hall Improvements Project and Public Safety Main Rooftop Patio Project. This approach would make the best use of allowable bond proceeds while conserving General Funds for their intended purposes. 2. Alternative: The City Council could choose to not authorize the addition of two projects to receive Bond F7130 funding or approve the Budget Amendment; however, staff does not recommend this option. FISCAL IMPACT/FUNDING SOURCE: The impact of this recommendation provides a more appropriate funding source for the City Hall Improvements Project and Public Safety Main Rooftop Patio Project, but does not affect the ITEM NO. 7.I. OAK #4906-1593-4209 v1 4 overall cost of any of the CIP projects involved. Converting the Downtown project to General Fund money gives the use of those funds more flexibility than Bond funding. Public Works Department Head Approval Date: 11/27/2024 Finance Department Head Approval Date: 11/17/2024 City Attorney Approval Date: 11/26/2024 City Manager Approval Date: 12/4/2024 Attachments: 1. Former Redevelopment Project Area Map 2. Resolution authorizing the Finance Director to add two projects to receive Bond funding and approve a Budget Amendment to swap the Bond funding from the Downtown Infrastructure Project No. CIP2226 with the General Fund Funding from the City Hall Improvements Project CIP2501 and Public Safety Main Rooftop Patio Project No. CIP2502 E COT A TI A V E ROHNERT PARK EXPYSNYDER LNGOLF COURSE DR W SI E R R A A V E HOLLY AVE E RAILROAD AVE CAMINO COLEGIO FAIRWAY DR MILLBRAE AVE ARLEN DR SANTA ALICIA DR ENTERPRISE DR BUSINESS PARK DR GRANDVIEW WAY116 101 101 OAK #4933-7323-2897 v1 RESOLUTION NO. 2024-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING BOND FUNDING FROM THE 2007R TAX ALLOCATION BIOND FUNDS FOR THE CITY HALL IMPROVEMENTS PROJECT CIP2501 AND PUBLIC SAFETY MAIN ROOFTOP PATIO PROJECT NO. CIP2502 CURRENTLY FINANCED THROUGH THE GENERAL FUND AND APPROVING A BUDGET AMENDMENT SWAPPING $1.3 MILLION OF BOND FUNDING FROM THE DOWNTOWN INFRASTRUCTURE PROJECT NO. CIP2226 WITH $1.3 MILLION OF GENERAL FUND FUNDING FROM THE CITY HALL IMPROVEMENTS PROJECT CIP2501 AND THE PUBLIC SAFETY MAIN ROOFTOP PATIO PROJECT NO. CIP2502 WHEREAS, on August 25, 2015, the City Council approved the use of 2007R Tax Allocation Bond funding (“Bond Funds”) for a specified list of projects in the former Redevelopment Project Area; and WHEREAS, the August 2015 City Council Staff Report indicated that staff would request approval from the City Council to add any new projects to be funded through Bond Funds; and WHEREAS, in preparation for the next Five-Year Capital Improvement Plan (CIP) Program update, the Public Works and Finance Department staff analyzed the FY 24-25 City and CIP Budgets and identified opportunities to improve CIP program budgeting; and WHEREAS, on October 22, 2024, the City Council approved the City Hall Improvements Project No. CIP2501 for $800,000 and the Public Safety Roof Replacement Project CIP2502 for $500,000 financed from the General Fund (Fund F7109); and WHEREAS, the projects are both located within the former Redevelopment Project Area; and WHEREAS, while making a funding plan for these projects, it was determined that these two projects would more appropriately be funded by Bond Funds as opposed to General Fund financing; however, in order for these projects to be funded with Bond F7130 funds, the City Council must approve this action; and WHEREAS, staff recommends swapping $1.3 million of Bond Funding from the Downtown Infrastructure Project with $1.3 million of General Fund financing from the City Hall Improvements Project and the Public Safety Main Rooftop Patio Project such that the funding structure for each project will change, but the total budget for all projects will remain unchanged. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park, that the City Hall Improvements Project CIP2501 and Public Safety Main Rooftop Patio Project No. CIP2502 are hereby added to the 2007R Tax Allocation Bond projects list and a budget amendment is hereby authorized to swap $1.3 million in Bond Funding from the Downtown Infrastructure Project No. CIP2226 with $1.3 million in General Fund financing from the City Hall Improvements Project CIP2501 and Public Safety Main Rooftop Patio Project No. CIP2502. Resolution 2024-110 Page 2 of 2 BE IT FURTHER RESOLVED that the Finance Director is hereby authorized and directed to make any changes to the FY 2024-25 Budget to enact this amendment. DULY AND REGULARLY ADOPTED this 10th day of December, 2024. CITY OF ROHNERT PARK ____________________________________ ATTEST: Susan H. Adams, Mayor ______________________________ Sylvia Lopez Cuevas, City Clerk APPROVED AS TO FORM: ______________________________ Michelle M. Kenyon, City Attorney ELWARD: _________ RODRIGUEZ: _________SANBORN: _________ GIUDICE: _________ ADAMS: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ITEM NO. 7.J. 4895-3538-4453 v1 1 $1,487,6000 Meeting Date: December 10, 2024 Department: Public Works Submitted By: Vanessa Garrett, Director of Public Works Prepared By: Jason Sampietro, Associate Engineer Agenda Title: By Minute Order, Authorize the City Manager to Execute Amendment No. 1 to the Consultant Services Agreement with Alpha CM for Additional Construction Management Services for the 23-24 Pavement Preventative Maintenance Project, Project No. 2023-01 in an amount Not to Exceed $26,668.55, for a Total Contract Amount of $126,060.55, (This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (Replacement or Reconstruction) of CEQA Guidelines. (14 Cal. Code Regs. §§ 15302)) RECOMMENDED ACTION: Authorize the City Manager to execute Amendment No. 1 to the Consultant Services Agreement with Alpha CM for additional construction management services for the 23-24 Pavement Preventative Maintenance Project, Project No. 2023-01 in an amount not to exceed $26,668.55, for a total contract amount of $126,060.55. BACKGROUND: In February 2022, the City received a pavement management program report. This report provides a five-year pavement management plan to guide the City on pavement maintenance treatment and timing. The 23-24 Pavement Preventative Maintenance Project (Project) is a Citywide slurry and striping project intended to maintain roadways in good condition as identified in the report. This project also includes crack sealing and median island nose treatments. The construction of this Project produces several immediate and future improvements such as: - Increased roadway longevity - Refreshed striping - Accessibility upgrades as necessary The Plans and Specifications for the project were prepared by Coastland/DCCM and approved by the City Engineer. Alpha CM was hired for construction management and inspection services of the Project for a total contract amount of $99,392.00. ANALYSIS: Alpha CM Consultant Services Agreement (CSA) specified 352 inspector hours in their original construction management proposal. This Amendment No. 1 to their CSA is for $26,668.55 and 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.J. 4895-3538-4453 v1 provides for additional inspection hours as well as City-approved overtime inspection hours due to construction contract day extensions and additional work. Amendment No. 1 to the CSA with Alpha CM is in the amount of $26,668.55 and will increase the total Agreement amount to $126,060.55. The increase in construction management costs are due to the extension in the number of days for the project due requested and required changes in the field during construction by the City. Staff recommends proceeding with the additional costs as this is within the expected cost range for Construction Management for this project. ENVIRONMENTAL ANALYSIS: The Project involves placement of slurry on existing streets within the City. Therefore, the Project is categorically exempt from the requirements of CEQA pursuant to Section 15302 (Replacement or Reconstruction) of CEQA Guidelines. (14 Cal. Code Regs. §§15302). STRATEGIC PLAN ALIGNMENT: The recommended action is consistent with the Strategic Plan for Planning and Infrastructure. This project reseals streets and provides refreshed striping and crosswalks. OPTIONS CONSIDERED: 1. Staff recommends authorizing the City Manager to execute Amendment No. 1 to the Consultant Services Agreement with Alpha CM in the amount of $26,668.55, for a total contract amount of $126,060.55. This action provides construction management and inspection for this critical infrastructure project. 2. The City Council could decide not to authorize the City Manager to execute Amendment No. 1 to the Consultant Services Agreement with Alpha CM. This would require staff to complete the construction management and inspection of the project, however staff does not have the resources to complete this work. FISCAL IMPACT/FUNDING SOURCE: Amendment (Amendment 1) is being funded through SB-1, Gas Tax, Measure M, and the General Fund. There is sufficient funding in the project to authorize this Amendment 1 with Alpha CM for $26,668.55. Department Head Approval Date: 11/21/2024 City Attorney Approval Date: 11/22/2024 Finance Director Approval Date: 11/25/24 City Manager Approval Date: 11/22/24 Attachments: 1. Amendment No.1 to the Consultant Services Agreement with Alpha CM in the Amount of $26,668.55 OAK #4885-8852-2123 FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH ALPHA CM, INC. FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR 2023 PAVEMENT MAINTENANCE PROJECT, PROJECT NO. 2023-01 This First Amendment to the Consulting Services Agreement between the City of Rohnert Park (“City”) and Alpha CM, Inc. (“Consultant”) to provide for additional services (“First Amendment”) is entered into as of the 10th day of December, 2024, (“Effective Date”), by and between City and Consultant. RECITALS A. City and Consultant are parties to that certain Agreement entitled “Construction Management and Inspection Services for 2023 Pavement Maintenance Project, Project No. 2023-01” dated June 11, 2024, and authorized through Resolution No. 2024-036 approved by the City Council on June 11, 2024, for the amount of Ninety-Nine Thousand Three Hundred Ninety- Two Dollars and No Cents ($99,392.00). B. City and Consultant now desire to enter into this First Amendment to provide for additional work as described below. AGREEMENT NOW, THEREFORE, in consideration of the following mutual promises, the parties hereby amend the Agreement as follows: 1. Scope of Services. In addition to the services provided under the Agreement and subsequent Amendments, if any, Consultant shall provide additional services as described in the attached Exhibit A. 2. Compensation. Consultant shall perform the additional services described in this First Amendment for a total not-to-exceed the amount of Twenty-Six Thousand Six Hundred Sixty-Eight Dollars and Fifty-Five Cents ($26,668.55). 3. Time of Performance. Consultant shall complete the services described in this First Amendment no later than December 31, 2024. 4. Agreement in Effect. Except as amended by this First Amendment and all previous Amendments, if any, the Agreement shall remain in full force and effect. 5. Counterpart Signatures. This First Amendment may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. Electronic signatures are acceptable and effective as if they were original. OAK #4885-8852-2123 Brian Danley 12/02/2024 IN WITNESS THEREOF, the parties have executed this First Amendment as of the date first written above. CITY OF ROHNERT PARK By: / ALPHA CM, INC. By: / 12/02/2024 Marcela Piedra, City Manager (Date) Per Minute Order approved by the Rohnert Park City Council at its meeting of December 10, 2024. ATTEST: Dave Latona President ALPHA CM, INC. (Date) By: Brian Danley (Dec 2, 2024 16:10 PST) / City Clerk APPROVED AS TO FORM: Brian A. Danley Vice President (Date) City Attorney David Latona Date: 10/18/2024 Alpha CM, Inc. 2180 Jefferson St, Suite 212 Napa, CA 94559 Cell (707) 337-6768 dlatona@alphacminc.com To: Jason Sampietro City of Rohnert Park 600 Enterprise Dr. Rohnert Park, CA 94928 jsampietro@rpcity.org RE: City of Rohnert Park _ 2023-24 Pavement Maintenance Project, RP#2023-01 - Contract Budget Amendment #1 Mr. Sampietro, Alpha CM, as of September 30th, 2024, has exceeded the contractual amount by $26,668.55 of the $99,392.00 budget. We are hereby requesting a not to exceed budget amendment of $26,668.55. If you have any questions, please feel free to contact me. Thank you David Latona, ENV SP, AED, CPESC, QSP/D Alpha CM Page 1 of 1 Page 1 of 3 Invoice Summary Bill To: City of Rohnert Park Remit To: Alpha CM, Inc. 600 Enterprise Dr. 2580 Greenwood Ct. Rohnert Park, CA 94928 Napa, CA 94558 Project Manager: Jason Sampietro For Info: (707) 337-6768 Invoice No: 093024RPPM Invoice Date: 10/18/2024 Contract No: Project No: 2023-01 2023-24 Pavement Maintenance RP#2023-01 Services for the period: 9/1 – 9/30/2024 Cost Code Title Description Qty/Unit Unit Cost Price Inspector Clark Good Insp Labor 114.5 $181.00 $20,724.50 Inspector Clark Good Insp Labor OT 6.5 $271.50 $1,764.75 Inspector Michael Williams Insp Labor 11.5 $181.00 $2,081.50 Inspector Fred McWilliams Insp Labor 5 $181.00 $905.00 ODC Cell/Data/Comp Monthly ODC Insp 1 $130.00 $130.00 ODC Vehicle Monthly ODC Insp 1 $1,800.00 $1,800.00 Total: $27,405.75 Current Invoice Total: $27,405.75 Previous Billed: $94,350.00 Contract Amount: $99,392.00 % Billed To Date: 126.83% Amount Billed To Date: $126,060.55 Please visit our website at www.alphacminc.com Previous Original Contract Amount: $99,392.00 Contract Amendment No. 1: $26,668.55 ______________________________________ New Contract Total: $126,060.55 Page 2 of 3 Invoice Bill To: City of Rohnert Park Remit To: Alpha CM, Inc. 600 Enterprise Dr. 2580 Greenwood Ct. Rohnert Park, CA 94928 Napa, CA 94558 Project Manager: Jason Sampietro For Info: (707) 337-6768 Invoice No: 093024RPPM Invoice Date: 10/18/2024 Contract No: Project No: 2023-01 2023-24 Pavement Maintenance RP#2023-01 Services for the period: 9/1 – 9/30/2024 City of Rohnert Park - 2023-24 Pavement Maintenance Project No. RP#2023-01 Time Sheet - Clark Good 09/01/24 thru 09/30/24 DAY/DATE HOURS WORKED OVERTIME HOURS HOLIDAY HOURS TOTAL HOURS FOR DAY TASK(S) OR WORK PERFORMED Monday, September 2, 2024 8.0 0.0 0.0 8.0 Daily QA inspeciton, Document review. Tuesday, September 3, 2024 8.0 0.0 0.0 8.0 Daily QA inspeciton, Document review. Wednesday, September 4, 2024 5.5 0.0 0.0 5.5 Daily QA inspeciton, Document review. Thursday, September 5, 2024 8.0 1.0 0.0 9.0 Daily QA inspeciton, Document review. Friday, September 6, 2024 8.0 0.0 0.0 8.0 Daily QA inspeciton, Document review. Monday, September 9, 2024 8.0 0.0 0.0 8.0 Daily QA inspeciton, Document review. Tuesday, September 10, 2024 8.0 1.5 0.0 9.5 Daily QA inspeciton, Document review. Wednesday, September 11, 2024 8.0 0.5 0.0 8.5 Daily QA inspeciton, Document review. Thursday, September 12, 2024 8.0 1.0 0.0 9.0 Daily QA inspeciton, Document review. Friday, September 13, 2024 8.0 0.0 0.0 8.0 Daily QA inspeciton, Document review. Page 3 of 3 Monday, September 16, 2024 4.0 0.0 0.0 4.0 Daily QA inspeciton, Document review. Thursday, September 19, 2024 8.0 1.0 0.0 9.0 Daily QA inspeciton, Document review. Friday, September 20, 2024 4.0 0.0 0.0 4.0 Daily QA inspeciton, Document review. Monday, September 23, 2024 8.0 0.0 0.0 8.0 Daily QA inspeciton, Document review. Tuesday, September 24, 2024 8.0 1.5 0.0 9.5 Daily QA inspeciton, Document review. Wednesday, September 25, 2024 4.0 0.0 0.0 4.0 Daily QA inspeciton, Document review. Tuesday, October 1, 2024 1.0 0.0 0.0 1.0 Daily QA inspeciton, Document review. TOTAL 114.5 6.5 0.0 121.0 City of Rohnert Park - 2023-24 Pavement Maintenance Project No. RP#2023-01 Time Sheet - Fred McWilliams 09/01/24 thru 09/30/24 DAY/DATE HOURS WORKED OVERTIME HOURS HOLIDAY HOURS TOTAL HOURS FOR DAY TASK(S) OR WORK PERFORMED Wednesday, September 4, 2024 5.0 0.0 0.0 5.0 Daily QA inspeciton, Document review. TOTAL 5.0 0.0 0.0 5.0 City of Rohnert Park - 2023-24 Pavement Maintenance Project No. RP#2023-01 Time Sheet - Michael Williams 09/01/24 thru 09/30/24 DAY/DATE HOURS WORKED OVERTIME HOURS HOLIDAY HOURS TOTAL HOURS FOR DAY TASK(S) OR WORK PERFORMED Wednesday, September 18, 2024 7.0 0.0 0.0 7.0 Daily QA inspeciton, Document review. Friday, September 20, 2024 4.5 0.0 0.0 4.5 Daily QA inspeciton, Document review. TOTAL 11.5 0.0 0.0 11.5 Created: By: Status: 2024-12-02 Nikki Ritchie (nritchie@rpcity.org) Signed Transaction ID: CBJCHBCAABAAkrGRRoPmOsL41aMHJZhMt47HctdQ_djW Consultant Services Agreement Amendment_1_ 2301_Alpha CM Final Audit Report 2024-12-03 "Consultant Services Agreement Amendment_1_2301_Alpha C M" History Document created by Nikki Ritchie (nritchie@rpcity.org) 2024-12-02 - 10:48:59 PM GMT Document emailed to Dave Latona (dlatona@alphacminc.com) for signature 2024-12-02 - 10:49:07 PM GMT Document emailed to Brian Danley (bdanley@alphacminc.com) for signature 2024-12-02 - 10:49:07 PM GMT Email viewed by Brian Danley (bdanley@alphacminc.com) 2024-12-03 - 0:09:07 AM GMT Document e-signed by Brian Danley (bdanley@alphacminc.com) Signature Date: 2024-12-03 - 0:10:36 AM GMT - Time Source: server Email viewed by Dave Latona (dlatona@alphacminc.com) 2024-12-03 - 7:38:39 AM GMT Document e-signed by Dave Latona (dlatona@alphacminc.com) Signature Date: 2024-12-03 - 7:39:44 AM GMT - Time Source: server Agreement completed. 2024-12-03 - 7:39:44 AM GMT ITEM NO. 7.K. 4895-3538-4453 v1 1 $1,487,6000 Meeting Date: December 10, 2024 Department: Public Works Submitted By: Vanessa Garrett, Director of Public Works Prepared By: Julian De Anda, Project Engineer Agenda Title: By Minute Order, Authorize the City Manager to Execute Amendment No. 1 to the Consultant Services Agreement with Alpha CM for Additional Construction Management and Inspection Services associated with the A&B Sections Neighborhood Utility Improvement Project (CIP2015 & CIP2221) in an amount not to exceed $46,701.92, for a total contract amount of $493,663.92. (This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of CEQA Guidelines) RECOMMENDED ACTION: Authorize the City Manager to execute Amendment No. 1 to the Consultant Services Agreement with Alpha CM for additional construction management and inspection services associated with the A&B Sections Neighborhood Utility Improvement Project (CIP2015 & CIP2221) in an amount not to exceed $46,701.92, for a total contract amount of $493,663.92. BACKGROUND: As part of the City’s Capital Improvement Program, the City Council approved two utility capital improvement projects: the I&I Reduction B Section Phase 1 East of Adrian Project (CIP2015) and the B Section Waterline Replacement Project (CIP2221). The I&I Reduction B Section Phase 1 project is intended to reduce groundwater and storm water intrusion (inflow and infiltration (I&I)) in the sewer collection system from leaks in the sewer line. The B Section Waterline Replacement project replaces approximately 2,300 lineal feet of aging and deteriorated 8-inch water main pipeline in the same neighborhood. The work will also include asphalt paving and the retrofit of existing pedestrian concrete access ramps. The design for both CIP2015 and CIP2221 were completed by Coastland DCCM, combined into a single set of bid documents, and were approved by the City Engineer. Alpha CM was hired for construction management and inspection services of the project for a total contract amount of $446,962. ANALYSIS: The original Alpha CM Consultant Services Agreement (CSA) for construction management and inspection services included a total of 2,001 construction management and inspection hours. Their proposed Amendment No. 1 to the CSA provides 217 additional construction management and 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.K. 4895-3538-4453 v1 inspection hours due to construction contract day extensions and additional work associated with the project. Amendment No. 1 to the CSA with Alpha CM is in the amount of $46,701.92 and will increase the total Agreement amount to $493,663.92. The new CSA amount is approximately 7.8% of the construction cost. Staff recommends proceeding with the additional costs as this is within the expected cost range for construction management fees for this project. ENVIRONMENTAL ANALYSIS: Based on the scope of work, staff determined that this project is categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15301 (Existing Facilities) for repairs to existing public facilities including public streets and public utilities. STRATEGIC PLAN AND COUNCIL PRIORITIES ALIGNMENT: This Project is consistent with City Council adopted Strategic Priority Number 3 - Infrastructure, Maintenance and Beautification. The project improves the reliability of the City’s sewer and water system by repairing 9,000 feet of sewer main and 2,300 feet of water main. OPTIONS CONSIDERED: 1. Staff recommends authorizing the City Manager to execute Amendment No. 1 to the Consultant Services Agreement with Alpha CM in the amount of $46,701.92, for a total contract amount of $493,663.92. This action will allow Alpha CM payment for consultant services provided to manage the Project to completion. 2. The City Council could decide not to authorize the City Manager to execute Amendment No. 1 to the Consultant Services Agreement with Alpha CM. This would require staff to complete the construction management and inspection of the project, however staff does not have the resources to complete this work. FISCAL IMPACT/FUNDING SOURCE: This Amendment No. 1 to Alpha CM’s CSA is being funded by a combination of Sewer Utility Funds (64.5%) and Water Capital Preservation Funds (35.5%). There is sufficient funding in the two funds for the Project to authorize this Amendment No.1 to Alpha CM for $46,701.92. Department Head Approval Date: 11/21/2024 City Attorney Approval Date: 11/22/2024 Finance Director Approval Date: 11/16/2024 City Manager Approval Date: 11/22/2024 Attachments: 1. Amendment No.1 to the Consultant Services Agreement with Alpha CM in the Amount of $46,701.92 1 OAK #4885-8852-2123 FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH ALPHA CM, INC. FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE A&B SECTIONS NEIGHBORHOOD UTILITY IMPROVEMENT PROJECT NO. 2015 & 2221 This First Amendment to the Consulting Services Agreement between the City of Rohnert Park (“City”) and Alpha CM, Inc. (“Consultant”) to provide for additional services (“First Amendment”) is entered into as of the 10th day of December, 2024, (“Effective Date”), by and between City and Consultant. RECITALS A. City and Consultant are parties to that certain Agreement entitled “Construction Management and Inspection Services for the A&B Sections Neighborhood Utility Improvement Project No. 2015 & 2221” dated December 12, 2023, and authorized through Resolution No. 2023-093 approved by the City Council on December 12, 2023, for the amount of Four Hundred Forty Six Thousand, Nine Hundred Sixty Two Dollars and No Cents ($446,962.00). B. City and Consultant now desire to enter into this First Amendment to provide for additional work as described below. AGREEMENT NOW, THEREFORE, in consideration of the following mutual promises, the parties hereby amend the Agreement as follows: 1. Scope of Services. In addition to the services provided under the Agreement and subsequent Amendments, if any, Consultant shall provide additional services as described in the attached Exhibit A. 2. Compensation. Consultant shall perform the additional services described in this First Amendment for a total not-to-exceed the amount of Forty-Six Thousand Seven Hundred One Dollars and Ninety-Two Cents ($46,701.92). 3. Time of Performance. Consultant shall complete the services described in this First Amendment no later than December 12, 2024. 4. Agreement in Effect. Except as amended by this First Amendment and all previous Amendments, if any, the Agreement shall remain in full force and effect. 5. Counterpart Signatures. This First Amendment may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. Electronic signatures are acceptable and effective as if they were original. 2 OAK #4885-8852-2123 IN WITNESS THEREOF, the parties have executed this First Amendment as of the date first written above. CITY OF ROHNERT PARK ALPHA CM, INC. By: / Marcela Piedra, City Manager (Date) Per Minute Order approved by the Rohnert Park City Council at its meeting of December 10, 2024. ATTEST: Brian A. Danley Brian A. Danley (Nov 26, 2024 12:01 PST) Brian A. Danley Vice President ALPHA CM, INC. / 11/26/2024 (Date) By: / 11/25/2024 City Clerk APPROVED AS TO FORM: Dave Latona President (Date) City Attorney By: Page 1 of 2 EXHIBIT A David Latona Date: 10/31/2024 Alpha CM, Inc. 2180 Jefferson St, Suite 212 Napa, CA 94559 Cell (707) 337-6768 dlatona@alphacminc.com To: Julian De Anda City of Rohnert Park 600 Enterprise Dr. Rohnert Park, CA 94928 jdeanda@rpcity.org RE: City of Rohnert Park _ A&B Neighborhood Utility Improvement Project, 2020-15 & 2022-21 - Contract Budget Amendment #1 Mr. De Anda, Alpha CM, as of October 31st, 2024, has exhausted the contractual amount by $441,311.92 of the $446,962.00 budget. Leaving a remaining budget of $5,650.08 Based on the contractors’ “Completion Schedule” (see attached). We are hereby requesting a Budget Amendment of $46,701.92. Budget breakdown is as follows: • Remaining Budget Credit -$5,650.08 • Construction Management $17,444 • Alpha CM Inspection $23,168 • RGH Inspection $9,680 • ODC Vehicle $1800 • ODC Cell/Data/Computer $260 Total: $46,701.92 Assumptions: 1. RGH inspection assumes 4 hours per day from 11/7/2024 to 11/18/2024 (8 working days). Coordination and dispatching to be performed by City Inspector. 2. Alpha CM inspection assumes inspections performed from 11/1/2024 to 11/5/2024 and 11/19/2024 to 12/12/2024. Inspections performed on 11/6/2024 thru 11/18/2024 will be performed by City inspector and/or RGH. 3. Work conducted standard work hours M-F, No Overtime, Weekends or Holiday hours calculated into level of effort Page 2 of 2 4. Level of effort is an estimate only. 5. Each individual cost item is a guide only; total CM cost shall take precedent. 6. Subconsultant costs are an estimate only. Actual work will be invoiced on time and material basis as directed by City Inspector. 7. With the exception of vehicle, cell/data/computer, hourly rates include all direct and indirect overhead normally associate with this type of work. 8. Level of effort is based on “Completion Schedule” provided on 10/25/2024 by Contractor (see attached) and discussion with City. 9. Alpha CM reserves the right to move budget between tasks and staff. If you have any questions, please feel free to contact me. Thank you David Latona, AED, ENV SP, CPESC, QSP/D Alpha CM 4 4 4 4 4 4 4 ID Task Name Duration Start Finish Predecessors Oct 27, '24 Nov 3, '24 Nov 10, '24 Nov 17, '24 Nov 24, '24 Dec 1, '24 Dec 8, '24 Dec 15, '24 1 438 Alta Cut In Sewer Lat 2 8030 Beverly Extra Work Water Clamp 1 day 1 day Mon 10/28/24 Tue 10/29/24 Mon 10/28/24 Tue 1 10/29/24 S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T 438 Alta Cut In Sewer Lat 8030 Beverly Extra Work Water Clamp 3 Lower Iron & Abandon Old Water 5 days Wed 10/30/24 Tue 11/5/24 2 Lower Iron & Abandon Old Water Valves 4 Mill Burton 0.20" 1 day Wed 11/6/24Wed 11/6/243 Mill Burton 0.20" 5 Trench Plug Water Services Trenchs (Burton) 2 days Thu 11/7/24 Fri 11/8/24 4 Trench Plug Water Services Trenchs (Burton) 6 Trench Plug Main (Burton) 7 Trench Plug (Sewer) Burton1 1 day 1 day Mon 11/11/24 Mon 11/11/24 Mon 5 11/11/24 Mon 5 11/11/24 Trench Plug Main (Burton) Trench Plug (Sewer) Burton1 8 Over Lay (Burton) 1 day Tue 11/12/2 Tue 11/12/2 6,7 Over Lay (Burton) 9 Mill Bonnie, Burton & Borris Ct & Beverly 10 Trench Plug Bonnie, Burton (Southwest), Beverly & Boris Ct. 11 Over Lay Bonnie, Burton (Southwest), Beverly, Boris Ct. 1 day 1 day 1 day Tue 11/12/24 Wed 11/13/24 Thu 11/14/24 Tue 11/12/24 Wed 11/13/24 Thu 11/14/24 6,7 9 10 Mill Bonnie, Burton & Borris Ct & Beverly Trench Plug Bonnie, Burton (Southwest), Beverly & Boris Ct. Over Lay Bonnie, Burton (Southwest), Beverly, Boris Ct. 12 Over Lay Bonnie, Burton(Southwest), Beverly, Boris Ct. 1 day Fri 11/15/24 Fri 11/15/24 11 Over Lay Bonnie, Burton(Southwest), Beverly, Boris Ct. 13 Over Lay Finish Trench Pave Borris, Bobbie & Lincoln 1 day Mon 11/18/24 Mon 12 11/18/24 Over Lay Finish Trench Pave Borris, Bobbie & Lincoln 14 Raise Iron 10 days Tue 11/19/2 Wed 12/4/2413 Raise Iron 15 MH 8125 Channel Gr 1 day Tue 11/19/2 Tue 11/19/2 13 MH 8125 Channel Grout 16 Stripe 17 Punch List 3 days 3 days Thu 12/5/24 Mon 12/9/2414,15 Tue 12/10/2 Thu 12/12/2 16 Stripe Punch List Project: 10.25.24 Project to com Date: Fri 10/25/24 Task Split Milestone Summary Project Summary Inactive Task Inactive Milestone Inactive Summary Manual Task Duration-only Page 1 Manual Summary Rollup Manual Summary Start-only Finish-only External Tasks External Milestone Deadline Progress Manual Progress 10/31/24 A&B Sections Neighborhood Utility Improvement Project - Construciton Management and Inpsection Services - CIP Project Number: 2020-15 & 2022-21 Amendment #1 Task & Staffing Billing Rate Total Hours Total Price Task 2: Construction Phase Task 2.2: Communication and Correspondence Construction Manager $ 196 10 $ 1,960 Task 2.3: Progress/Coordination Meetings Construction Manager $ 196 24 $ 4,704 Task 2.4: Document Management Construction Manager $ 196 10 $ 1,960 Task 2.7: Quality Assurance Inspection Inspector $ 181 111 $ 20,091 Task 2.8: Maintain Photographic and Video Records of Construction Progress Inspector $ 181 1 $ 181 Task 2.12: Construction Change Order (CCO) Management Construction Manager $ 196 2 $ 392 Task 2.14: Geotechnical Services/Materials Testing/Special Inspections Subconsultant (RGH) w/markup $ 9,680 Subtotal 158 $ 38,968 Task 3: Post Construction Services Task 3.1: Final Inspection and Punch List Construction Manager $ 196 8 $ 1,568 Inspector $ 181 8 $ 1,448 Task 3.2: Closeout Documents by Contractor Construction Manager $ 196 8 $ 1,568 Task 3.3: Project Record Drawings Construction Manager $ 196 4 $ 784 Inspector $ 181 8 $ 1,448 Task 3.4: Final Payment Construction Manager $ 196 1 $ 196 Task 3.5: Final Project Report Construction Manager $ 196 4 $ 784 Task 3.6: Contract Close-out Construction Manager $ 196 18 $ 3,528 Subtotal 59 $ 11,324 Other Direct Costs (ODCs) Billing Rate Total Months Total Price Vehicle Inspector $ 1,800 1 $ 1,800 Cell/Data/Computer Inspector $ 130 1 $ 130 Construction Manager $ 130 1 $ 130 Subtotal $ 2,060 Assumptions Task & Staffing Total $ 50,292 Other Direct Costs (ODCs) Total $ 2,060 Remaining Contract Balance $ (5,650.08) Grand Total $ 46,701.92 1. RGH inspection assumes 4 hours per day from 11/7/2024 to 11/18/2024 (8 working days). 2. Alpha CM inspection assumes inspections performed from 11/1/2024 to 11/5/2024 and 11/19/2024 to 12/12/2024. Inspections performed on 11/6/2024 thru 11/18/2024 will be performed by City inspector and/or RGH. 3.Work conducted standard work hours M-F, No Overtime, Weekends or Holiday hours calculated into level of effort. 4.Level of effort is an estimate only. 5.Each individual cost item is a guide only; total CM cost shall take precedent. 6.Subconsultant costs are an estimate only. Actual work will be invoiced on time and material basis as directed by City Inspector. 7.With the exception of vehicle, cell/data/computer, hourly rates include all direct and indirect overhead normally associate with this type of work. 8.Level of effort is based on “Completion Schedule” provided on 10/25/2024 by Contractor (seeattached) and discussion with City. 9.Alpha CM reserves the right to move budget between tasks and staff. UT01_CIP 2015 & 2221 CSA Amendment No. 1 with Alpha CM_StaffReport Final Audit Report 2024-11-26 "UT01_CIP 2015 & 2221 CSA Amendment No. 1 with Alpha CM _StaffReport" History Document created by Nikki Ritchie (nritchie@rpcity.org) 2024-11-26 - 0:25:53 AM GMT Document emailed to Brian A. Danley (bdanley@alphacminc.com) for signature 2024-11-26 - 0:25:58 AM GMT Document emailed to Dave Latona (dlatona@alphacminc.com) for signature 2024-11-26 - 0:25:58 AM GMT Email viewed by Dave Latona (dlatona@alphacminc.com) 2024-11-26 - 0:45:08 AM GMT Document e-signed by Dave Latona (dlatona@alphacminc.com) Signature Date: 2024-11-26 - 0:47:13 AM GMT - Time Source: server Email viewed by Brian A. Danley (bdanley@alphacminc.com) 2024-11-26 - 3:46:46 PM GMT Document e-signed by Brian A. Danley (bdanley@alphacminc.com) Signature Date: 2024-11-26 - 8:01:49 PM GMT - Time Source: server Agreement completed. 2024-11-26 - 8:01:49 PM GMT Created: By: Status: 2024-11-26 Nikki Ritchie (nritchie@rpcity.org) Signed Transaction ID: CBJCHBCAABAA2NIFw9gHKFFKKVvKzEMojRpl6GmOgjyl ITEM NO. 7.L. 1 Meeting Date: December 10, 2024 Department: Public Works Submitted By: Vanessa Garrett, Director of Public Works Prepared By: Vanessa Garrett, Director of Public Works Agenda Title: By Minute Order, Authorize the City Manager to Execute a Subordination and Non-Disturbance and Attornment Agreement and an Affidavit and Indemnity Agreement with Forefront Power, LLC RECOMMENDED ACTION: By Minute Order, Authorize the City Manager to execute a Subordination and Non Disturbance and Attornment agreement and an affidavit and indemnity agreement with Forefront Power, LLC (Forefront Power) BACKGROUND: On June 25, 2024, City Council adopted Resolution 2024-050 approving Energy Service Agreements with ForeFront Power (“ForeFront”) for Solar Photovoltaic Systems for three City facilities: City Center (Public Safety Main), Callinan Sports Center, and the Spreckels Performing Arts Center (“Properties”) These solar installations at the City Center, Spreckels Performing Arts Center, and Callinan Sports & Fitness Center would result in a 1.1 megawatt (1,106 kW) solar canopy portfolio saving the City almost $5.85 million over a 20-year period. The City would also offset approximately 1,615 tons of Greenhouse Gas Emissions (GHG) per year, equivalent to a total of 32,300 tons of GHG emissions over the 20-year lifetime of the system. Staff is currently working with Forefront Power on property ownership due diligence and preliminary design of the canopies. ANALYSIS: Staff and Forefront Power discovered several leases recorded on the Properties ForeFront seeks written confirmation that the City has the authority to permit the installation of the solar installation on consistent with the underlying references from the Preliminary Title Reports: • Affidavit- City Center Drive (Public Safety Main) o A lease from 1991 between the City of Rohnert Park (lessor) and Community Development Agency of the City of Rohnert Park (lessee). This lease was set to expire in 2017 unless a written renewal was received. Staff has no record of written renewal. o A lease for a “Rohnert Park Public Safety Facility Project” between the Community Development Agency (Lessor) and the City of Rohnert Park (Lessee). This lease also was set to expire in 2017 unless renewed in writing. Staff has no record of a written renewal. 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.L. 2 o A lease from 1999 with Pacific Bell Mobile Services, which expired in 2004. There is no record of a renewal of this lease. . • Subordination and Non-Disturbance and Attornment Agreement (“SNDA”)- City Center Drive and Community Center Complex. Since the Rohnert Park Financing Authority has approval authority on leases involving City Center Drive and Community Center Complex, the SNDA memorializes its consent to the installations based on the following references from the Preliminary Title Report. o A site lease between the City as lessor and the Rohnert Park Financing Authority for several facilities in the Community Center Complex Properties; o A lease agreement executed by the Rohnert Park Financing Authority as lessor and the City as lessee or the Community Center Complex Properties; o A site lease with the City as lessor and the Rohnert Park Financing Authority as lessee for the City Center Plaza property and several amendments o A facilities lease between the Rohnert Park Financing Authority as lessor and the City as lessee for the City Center Plaza property and several amendments. Staff is seeking signatures for these documents so that Forefront Power is able to move forward with their design and construction of the solar facilities with proper authorization and approvals from the underlying agencies that the City of Rohnert Park is the successor of. ENVIRONMENTAL ANALYSIS: Per council direction, staff file a Notice of Exemption for each of the three facilities. The Project does not involve any of the following and so is eligible for a categorical exemption as described above under State CEQA Guidelines section 15300.2: (a) the cumulative impact of successive projects of the same type in the same place, which over time are significant; (b) an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances; (c) a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway; (d) a hazardous waste site which is included on any list compiled pursuant to Section 65962.5 of the Government Code; and (e) a project which may cause a substantial adverse change in the significance of a historical resource. STRATEGIC PLAN AND COUNCIL GOALS/PRIORITIES ALIGNMENT: The recommended action is consistent with the City Council’s Strategic Plan goals of long-term financial sustainability, community quality of life, and planning and infrastructure. OPTIONS CONSIDERED: 1. Authorize the City Manager to execute a Subordination and Non Disturbance and Attornment Agreement and an affidavit and indemnity agreement with Forefront Power 2. Do not move forward and ask staff to come back with other options 3. Do not move forward and terminate the project ITEM NO. 7.L. 3 FISCAL IMPACT/FUNDING SOURCE: ForeFront Power would assume all upfront costs associated with the construction and annual maintenance costs of the solar photovoltaic systems, therefore, there are no costs to the City for the solar projects. The City would continue to pay the ongoing electricity utility costs with annual budget appropriations, which is already in the budget for Fiscal Year 24-25. Department Head Approval Date: 11/19/2024 Finance Approval Date: NA City Attorney Approval Date: 12/4/2024 City Manager Approval Date: 12/4/2024 Attachments: 1. Affidavit- City Center Drive (Public Safety Main) 2. Subordination and Non-Disturbance and Attornment Agreement- City Center Drive and Community Center Complex 4917-6717-3121 v1 1 AFFIDAVIT AND INDEMNITY The Affiant, being first duly sworn, deposes and states that: 1. The undersigned Affiant is the owner of the Properties (defined below). 2. Affiant and FFP BTM Solar, LLC, (the “Company”) are parties to an energy services agreements for photovoltaic system, whereby Company shall design, construct, own, finance and operate solar photovoltaic systems on the Properties and sell the power generated by a system to Affiant. 3. Affiant acknowledges that the Company, would refrain from continuing under the energy services agreements in the absence of the representations, agreements and undertakings contained herein. 4. The properties subject to the energy services agreement are located in the City of Rohnert Park, in the County of Sonoma, California and are legally described in Exhibit A (the “Properties”). 5. The following items are shown on the preliminary title reports for the City Center Property, and, to Affiant’s actual present knowledge, have expired or been terminated and/or is no longer of any force or effect and/or no longer encumber the Properties: a. Site Lease dated as of January 01, 1991, by and between City of Rohnert Park, as lessor and Community Development Agency of the City of Rohnert Park as lessee, recorded January 24, 1991, as Instrument No. 1991-0006096, in the Official Records of Sonoma County (“Clerk’s Office”).1 b. Amended and Restated Site Lease dated January 01, 1994, executed by City of Rohnert Park as Lessor and the Community Development Agency of the City of Rohnert Park, as Lessee, recorded January 26, 1994, Instrument No. 1994-0010937, in the Clerk’s Office. The term of this lease was to expire on July 1, 2017, "unless such term is extended as hereinafter provided" but in no event beyond July 1, 2027, if not discharged. As the City has no record or other evidence that a written extension was submitted or recorded, the Lease has expired. Lease Agreement dated as of January 01, 1991, by and between Rohnert Park Public Safety Facility Project, executed by Community Development Agency of the City of Rohnert Park, as lessor, and City of Rohnert Park, as lessee, recorded January 24, 1991, as Instrument No. 1991-0006097, in the Clerk’s Office. i. Amended and Restated Lease Agreement, Rohnert Park Public Safety Facility Project, dated as of January 01, 1994, by and between Community 1 Assignment Agreement dated as of January 01, 1991, by and between The Community Development Agency of The City of Rohnert Park, a body corporate and politic duly organized and existing under the laws of the State of California and Security Pacific National Bank, a national banking association organized and existing under the laws of the United States of America, as trustee recorded January 24, 1991, as Instrument No. 1991-0006098, in the Clerk’s Office. 4917-6717-3121 v1 2 Development Agency of The City of Rohnert Park as Lessor and The City of Rohnert Park as Lessee, recorded January 26, 1994, Instrument No. 1994- 001093, in the Clerk’s Office. The term of this lease was to expire on July 1, 2017, "unless such term is extended as hereinafter provided" but in no event beyond July 1, 2027, if not discharged. As the City has no record or other evidence that a written extension was submitted or recorded, the Lease has expired. 2 c. Unrecorded lease dated April 13, 1999, by and between The City of Rohnert Park, as lessor, and Pacific Bell Mobile Services, a California corporation as lessee, as disclosed by a Memorandum of Lease recorded August 10, 1999, as Instrument No. 1999-0101226 of the Clerk’s Office. As the City has no record or other evidence that a written extension was submitted or recorded, the Lease has expired. . 6. The Affiant hereby agrees to indemnify, protect, defend, and save harmless the Company, its affiliates and any party claiming through Company from and against any and all losses, costs, damages, and attorney’s fees the Company may suffer or incur, to the extent directly resulting from its reliance on the accuracy of the foregoing statements or in connection with its enforcement of its rights under this affidavit and indemnity. The Affiant affirms or declares under penalty of perjury under the law of the State of California that the foregoing is true and correct. The City of Rohnert Park, a municipal corporation By:_________________________________ Name:______________________________ Title:_______________________________ 2Assignment Agreement dated as of January 01, 1994, by and between The Community Development Agency of The City of Rohnert Park, a body corporate and politic duly organized and existing under the laws of the State of California and Bank of America National Trust and Savings Association, a national banking association organized and existing under the laws of the United States of America, as trustee recorded January 26, 1994 as Instrument No. 1994-0010939, in the Clerk’s Office. 4917-6717-3121 v1 3 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ACKNOWLEDGEMENTS STATE OF ____________ ) ) SS. COUNTY OF ____________ ) On before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/they signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the state of that the foregoing paragraph is true and correct. WITNESS my hand and official seal. My Commission Expires: _________________ Notary Public 4917-6717-3121 v1 4 EXHIBIT A The Property CITY CENTER: The Land referred to herein below is situated in the City of Rohnert Park, County of Sonoma, State of California, and is described as follows: PARCELS 1, 2, 3 & 4, AS SHOWN ON THAT CERTAIN PARCEL MAP, FILED IN THE OFFICE OF THE COUNTY RECORDER, ON JULY 10, 2002, IN BOOK 636 OF MAPS, PAGES 12 AND 13, SONOMA COUNTY RECORDS, AND AS AMENDED BY A CERTIFICATE OF CORRECTION RECORDED APRIL 04, 2008 AS INSTRUMENT NO. 2000-030472 OF OFFICIAL RECORDS. EXCEPTING THEREFROM THAT PORTION OF LAND DESCRIBED IN THE DEEDS RECORDED SEPTEMBER 21, 2005 AS INSTRUMENT NO. 2005140140 & AS INSTRUMENT NO. 2005140141, SONOMA COUNTY RECORDS. For conveyancing purposes only: APN 143-051-076, 143-051-077, 143-051-078 & 143-051-080 4909-4731-7505 v1 1 SUBORDINATION AND NON-DISTURBANCE AND ATTORNMENT AGREEMENT This Agreement (“Agreement”) is made this ________ day of ______________, 2024, between the ROHNERT PARK FINANCING AUTHORITY, a Joint Powers Authority duly organized and existing under and by virtue of the Constitution and laws of the State of California (the “Corporation”), its successors and assigns, FFP BTM SOLAR, LLC, a Delaware limited liability company (“Licensee”), which is the licensee under Energy Services Agreements between Licensee and CITY OF ROHNERT PARK, a Municipal Corporation (“City”), dated June 25, 2024 for the City Center, the Callinan Sports & and Fitness Center, and the Spreckels Performing Arts Center (collectively, the “ESAs”) pertaining to those certain portions of those certain properties as described in the ESAs (“Premises”), in the County of Sonoma, State of California and more fully described in Exhibit A attached hereto (hereinafter called the “Properties”). In consideration of the foregoing, which are incorporated herein by reference, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Licensee, City and Corporation hereby warrant and represent and agree with each other as of the date hereof, as follows: 1. The Corporation hereby consents to and approves the ESAs and all the terms and conditions thereof, including, without limitation, the construction and operation of Licensee’s System as defined in the June 25, 2024, Energy Services Agreement and Special Conditions between FFP BTM SOLAR, LLC and the City of Rohnert Park. 2. The ESAs and any and all extensions, modifications and renewals thereof and all Licensee’s rights and interest therein and thereunder are hereby subjected and subordinated to, and are declared to be subject and subordinate to the following Site Agreements (as defined in Section 3) between the City and the Corporation: a. Site Lease dated January 01, 1999, executed by City, as lessor, and Corporation, as lessee, recorded February 09, 1999, in the County of Sonoma Recorder’s Office (“Clerk’s Office”) as Instrument No. 1999-0017180, affecting the Callinan Sports & and Fitness Center, and the Spreckels Performing Arts Center Property. b. Lease Agreement dated January 01, 1999, executed by Corporation, as lessor, and City, as lessee, recorded February 09, 1999, in the Clerk’s Office as Instrument No. 1999-0017181. The Lease Agreement was assigned by Corporation to U.S. Bank National Association, as Trustee, affecting the Callinan Sports & and Fitness Center, and the Spreckels Performing Arts Center Property.1 1 See Assignment Agreement by and between Corporation and U.S. Bank Trust National Association, recorded February 09, 1999, in the Clerk’s Office as Instrument No. 1999-0017182. 4909-4731-7505 v1 2 c. Site Lease dated July 01, 2003, executed by City, as lessor, and Corporation, as lessee, recorded July 30, 2003, in the Clerk’s Office as Instrument No. 2003-156407, affecting the City Center Property. i. Amendment to Site Lease dated as of August 9, 2005, recorded September 21, 2005 in the Clerk’s Office as Instrument No. 2005140142. ii. Second Amendment to Site Lease dated as of April 14, 2009, recorded April 21, 2009 in the Clerk’s Office as Instrument No. 2009036221. d. Facilities Lease dated July 01, 2003, by and between Corporation, as lessor and City, as lessee, recorded July 30, 2003 in the Clerk’s Office as Instrument No. 2003156408, affecting the City Center Property. i. Amendment to Facilities Lease dated as of August 9, 2005, recorded September 21, 2005 in the Clerk’s Office as Instrument No. 2005140143. ii. Second Amendment to Facilities Lease dated as of April 14, 2009, recorded April 21, 2009 in the Clerk’s Office as Instrument No. 2009036222. 3. The Site Lease, Lease Agreement, and Facility Lease Agreement and the amendments shall hereinafter be referred to collectively as the “Site Agreements”. 4. Licensee’s subordination to the Site Agreements is upon and subject to the express conditions that so long as Licensee continues to fulfill its obligations under the ESAs and is not in default under any of the material terms and provisions thereof, as determined by City in is sole discretion, the Corporation shall not materially disturb the rights of Licensee to access and occupy the Premises as set forth in the ESAs, nor shall the material obligations of the parties thereunder by modified or amended in any way, notwithstanding any foreclosure or proceeding in lieu thereof affecting the Properties. 5. Subject to Section 4, in the event that the Corporation or any other party succeeds to the interest of the City by foreclosure or by acquisition of title to the Properties in lieu of foreclosure, or in the event that the Corporation exercises the rights granted to it under any Site Agreements, Licensee hereby agrees to be bound to the Corporation or such other party under all of the terms, covenants and conditions of the ESAs relating to the Properties; and Licensee agrees that it shall attorn to and be liable and recognize the Corporation or such other party as Licensee’s new licensor for the balance of the term of the ESAs upon and subject to all the terms and conditions thereof, shall continue in full force and effect as a direct license between Licensee and the Corporation or such other 4909-4731-7505 v1 3 party upon all the terms, covenants and agreements set out in the ESAs relating to the Properties, and the rights of Licensee thereunder shall not be terminated or materially disturbed. Such non-disturbance and attornment shall be effective and self operative without the execution of any further instrument by the Corporation and Licensee immediately upon the succession by the Corporation or such other party, and, subject to Section 4, the respective rights and obligations of Licensee and the Corporation upon such attornment, to the extent of the then remaining balance of the term of the ESAs and any extension of renewal permitted thereby, shall be and are the same as are now set forth in the ESAs or as it may have been modified with the Corporation’s consent, if required. 6. The City joins in this Agreement for the purpose of acknowledging the terms of this Agreement. 7. This Agreement shall be binding on and inure to the benefit of Licensee, and the Corporation and their respective successors and assigns and successors in title. 8. This Agreement may be executed in one or more counterparts, all of which taken together shall constitute one and the same instrument. [signature pages follow] 4909-4731-7505 v1 4 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the date first above written: CORPORATION: ROHNERT PARK FINANCING AUTHORITY, a _____________ By: __________________________ Name: Title: LICENSEE: FFP BTM Solar, LLC, a Delaware limited liability company By: __________________________ Name: Title: CITY: CITY OF ROHNERT PARK, a municipal corporation By: __________________________ Name: Title: 4909-4731-7505 v1 5 EXHIBIT A THE PROPERTIES CITY CENTER: The Land referred to herein below is situated in the City of Rohnert Park, County of Sonoma, State of California, and is described as follows: PARCELS 1, 2, 3 & 4, AS SHOWN ON THAT CERTAIN PARCEL MAP, FILED IN THE OFFICE OF THE COUNTY RECORDER, ON JULY 10, 2002, IN BOOK 636 OF MAPS, PAGES 12 AND 13, SONOMA COUNTY RECORDS, AND AS AMENDED BY A CERTIFICATE OF CORRECTION RECORDED APRIL 04, 2008 AS INSTRUMENT NO. 2000-030472 OF OFFICIAL RECORDS. EXCEPTING THEREFROM THAT PORTION OF LAND DESCRIBED IN THE DEEDS RECORDED SEPTEMBER 21, 2005 AS INSTRUMENT NO. 2005140140 & AS INSTRUMENT NO. 2005140141, SONOMA COUNTY RECORDS. For conveyancing purposes only: APN 143-051-076, 143-051-077, 143-051-078 & 143- 051-080 CALLINAN SPORTS & FITNESS CENTER/ SPRECKELS PERFORMING ARTS CENTER: The Land referred to herein below is situated in the City of Rohnert Park, County of Sonoma, State of California, and is described as follows: PARCEL ONE: BEING A PART OF THE LANDS AS SHOWN ON THAT RECORD OF SURVEY AS RECORDED IN BOOK 115 OF MAPS AT PAGES 19 AND 20, SONOMA COUNTY RECORDS, ALSO BEING A PORTION OF THE COTATI RANCHO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHWESTERLY CORNER OF THE AREA SHOWN AS NORTH OF COPELAND CREEK AND SOUTH OF EXPRESSWAY, 63.74 ACRES ON THE ABOVE MENTIONED RECORD OF SURVEY; THENCE SOUTH 0° 00' 34" EAST, 1,548.49 FEET; THENCE SOUTH 89° 49' 31" EAST, 1,633.92 FEET TO THE POINT OF BEGINNING; THENCE FROM SAID POINT OF BEGINNING SOUTH 89° 49' 31" EAST, 739.82 FEET; THENCE NORTH 0° 09' 25" WEST, 172.59 FEET; THENCE NORTH 01° 25' 03" EAST, 35.00 FEET TO A CURVE TO THE LEFT WHOSE CENTER BEARS NORTH 01° 25' 03" EAST, 4,515.00 FEET, HAVING AN INTERNAL ANGLE OF 01° 34' 28", THENCE ALONG SAID CURVE 124.07 FEET TO THE WESTERLY RIGHT OF WAY OF SNYDER LANE; THENCE 4909-4731-7505 v1 6 CONTINUING ALONG SAID RIGHT OF WAY NORTH 0° 09' 25" WEST, 30.00 FEET TO A CURVE TO THE LEFT WHOSE CENTER BEARS NORTH 0° 09' 25" WEST, 25.00 FEET, HAVING AN INTERNAL ANGLE OF 90° 00' 00", THENCE ALONG SAID CURVE 39.27 FEET; THENCE NORTH 0° 09' 25" WEST, 88.70 FEET; THENCE NORTH 04° 14' 50" WEST, 309.74 FEET TO A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND AN INTERNAL ANGLE OF 85° 05' 40"; THENCE LEAVING THE AFOREMENTIONED RIGHT OF WAY TO THE SOUTHERLY RIGHT OF WAY OF ROHNERT PARK EXPRESSWAY ALONG SAID CURVE, 74.26 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT OF WAY NORTH 89° 20' 30" WEST, 143.78 FEET; THENCE NORTH 83° 02' 40" WEST, 353.19 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY, SOUTH 0° 10' 29" WEST, 259.42 FEET; THENCE NORTH 89° 49' 31" WEST, 320.00 FEET; THENCE SOUTH 00° 10' 29" WEST, 488.90 FEET TO THE POINT OF BEGINNING. PARCEL TWO: BEING A PART OF THE LANDS AS SHOWN ON THAT RECORD OF SURVEY AS RECORDED IN BOOK 115 OF MAPS AT PAGES 19 AND 20, SONOMA COUNTY RECORDS, ALSO BEING A PORTION OF THE COTATI RANCHO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHWESTERLY CORNER OF THE AREA SHOWN AS NORTH OF COPELAND CREEK AND SOUTH OF EXPRESSWAY, 63.74 ACRES ON THE ABOVE MENTIONED RECORD OF SURVEY; THENCE SOUTH 0° 00' 34" EAST, 1,548.49 FEET; THENCE SOUTH 89° 49' 31" EAST, 1,633.92 FEET; THENCE NORTH 0° 10' 29" EAST, 488.90 FEET TO THE POINT OF BEGINNING; THENCE FROM SAID POINT OF BEGINNING, SOUTH 89° 49' 31" EAST, 320.00 FEET; THENCE NORTH 0° 10' 29" EAST, 259.42 FEET TO THE SOUTHERLY RIGHT OF WAY OF ROHNERT PARK EXPRESSWAY; THENCE ALONG SAID RIGHT OF WAY, NORTH 83° 02' 40" WEST, 22.59 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY, NORTH 74° 47' 30" WEST, 308.12 FEET; THENCE LEAVING SAID RIGHT OF WAY, SOUTH 00° 10' 29" WEST, 342.00 FEET TO THE POINT OF BEGINNING. For conveyancing purposes only: APN 143-330-070 ITEM NO. 7.M. 1 Meeting Date: December 10, 2024 Department: Public Works Submitted By: Vanessa Garrett, Director of Public Works Prepared By: Paul Carey, Senior Analyst Agenda Title: Authorize the City Manager to Approve Three Change Orders to the Power Purchase and Energy Service Agreements Between the City of Rohnert Park and ForeFront Power, LLC to Increase the Scope and Adjust the Compensation RECOMMENDED ACTION: By minute order, authorize the City Manager to approve a change order to the Power Purchase and Energy Service Agreements (ESA) Between the City of Rohnert Park and ForeFront Power, LLC to increase the scope and adjust the compensation. BACKGROUND: On June 25, 2024, City Council adopted Resolution 2024-050 approving a Power Purchase Agreement (“PPA”) and Three Energy Service Agreements with ForeFront Power for Solar Photovoltaic Systems for three City facilities: City Center (Public Safety Main), Callinan Sports Center, and the Spreckels Performing Arts Center. These solar installations at the City Center, Spreckels Performing Arts Center, and Callinan Sports & Fitness Center would result in a 1.1 megawatt (1,106 kW) solar canopy portfolio saving the City almost $5.85 million over a 20-year period. The City would also offset approximately 1,615 tons of Greenhouse Gas Emissions (GHG) per year, equivalent to a total of 32,300 tons of GHG emissions over the 20-year lifetime of the system. ANALYSIS: The PPA contains Energy Services Agreements (“ESA”) which set the scope of work, rates, and fees specific to each of the three solar installations. Under the ESAs the parties are authorized to approve changes to the scope of the solar installation work and adjust the PPA rates early termination fees to account for findings during the scoping and design process for the solar facilities. The ESAs allow the parties to memorialize the change orders by executing an “Acknowledgement of Upgrades, Schedule or Scope Change,” in a form substantially similar to Schedule 9 of each of the ESAs. The Agreement allows for unexpected changes to be paid for either upfront by the City or through a reduced rate equal to the cost of the change. The previous PPA rates between the City and ForeFront Power, LLC assumed a minimum carport clearance height of 10’. The minimum carport clearance height has been updated from 10’ to 13’6” due to Fire Code requirements as well as some existing utility easements in the area found during the entitlement review of the City Center. Adding 3’6” feet of clearance will add to the cost, which includes material, labor, and equipment costs that are associated with the height change. The additional costs are articulated in Table 1. 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.M. 2 Table 1 - PPA Rate Table DESCRIPTION PREVIOUS PPA RATE PPA INCREASE NEW PPA RATE City Center – Carport Height Change $0.2532 + $0.0059 $0.2591 Callinan – Carport Height Change $0.3647 + $0.0055 $0.3702 Spreckels – Carport Height Change $0.2930 + $0.0038 $0.2968 The rate loss per year is approximately $7,500, which calculates to a $150,000 loss over 20-years. Additionally, the Early Termination Fee for all three locations has increased and is depicted in Table 2. Table 2 - Early Termination Fees CITY CENTER CALLINAN SPRECKELS EARLY TERMINATION OCCURS IN YEAR OLD TERMINATION FEE WHERE PURCHASER DOES NOT TAKE TITLE TO THE SYSTEM ($/Wdc including costs of removal) $/Wdc Δ1 OLD TERMINATION FEE WHERE PURCHASER DOES NOT TAKE TITLE TO THE SYSTEM ($/Wdc including costs of removal) $/Wdc Δ OLD TERMINATION FEE WHERE PURCHASER DOES NOT TAKE TITLE TO THE SYSTEM ($/Wdc including costs of removal) $/Wdc Δ 1 $6.82 ($0.03) $8.70 ($1.32) $7.21 ($1.93) 2 $6.33 ($0.06) $8.06 ($1.25) $6.70 ($1.84) 3 $5.74 ($0.05) $7.28 ($1.12) $6.09 ($1.51) 4 $5.25 ($0.05) $6.62 ($1.01) $5.57 ($1.19) 5 $4.81 ($0.05) $6.02 ($0.91) $5.11 ($0.90) 6 $4.38 ($0.05) $5.42 ($0.80) $4.64 ($0.61) 7 $4.30 ($0.05) $5.26 ($0.74) $4.54 ($0.58) 8 $4.26 ($0.05) $5.15 ($0.70) $4.47 ($0.59) 9 $4.22 ($0.04) $5.03 ($0.64) $4.41 ($0.61) 10 $4.18 ($0.04) $4.91 ($0.58) $4.34 ($0.63) 11 $4.14 ($0.03) $4.79 ($0.53) $4.27 ($0.65) 12 $4.10 ($0.03) $4.67 ($0.47) $4.20 ($0.68) 13 $4.06 ($0.02) $4.54 ($0.41) $4.13 ($0.71) 14 $4.02 ($0.02) $4.40 ($0.34) $4.06 ($0.74) 1 $/Wdc, or “dollars per watt in direct current”, is a unit of measurement for solar panel system pricing, where the cost is calculated by dividing the total cost of the system by its capacity in watts ITEM NO. 7.M. 3 15 $3.98 ($0.01) $4.26 ($0.27) $3.99 ($0.78) 16 $3.94 $0.00 $4.12 ($0.20) $3.91 ($0.82) 17 $3.90 $0.00 $3.97 ($0.12) $3.84 ($0.87) 18 $3.86 $0.01 $3.81 ($0.03) $3.76 ($0.91) 19 $3.83 $0.01 $3.65 $0.05 $3.68 ($0.97) 20 $3.79 $0.02 $3.47 $0.15 $3.60 ($1.03) Staff expects that based on City soil conditions (poor soil for structure foundations), there will be additional change orders once the design is complete. ENVIRONMENTAL ANALYSIS: Per council direction, staff file a Notice of Exemption for each of the three facilities. The Project does not involve any of the following and so is eligible for a categorical exemption as described above under State CEQA Guidelines section 15300.2: (a) the cumulative impact of successive projects of the same type in the same place, which over time are significant; (b) an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances; (c) a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway; (d) a hazardous waste site which is included on any list compiled pursuant to Section 65962.5 of the Government Code; and (e) a project which may cause a substantial adverse change in the significance of a historical resource. STRATEGIC PLAN AND COUNCIL GOALS/PRIORITIES ALIGNMENT: The recommended action is consistent with the City Council’s Strategic Plan goals of long-term financial sustainability, community quality of life, and planning and infrastructure. OPTIONS CONSIDERED: 1. Staff Recommendation: Authorize the City Manager to execute the three change orders. During the June 25, 2024, City Council meeting, a resolution was adopted already approving Energy Service Agreements with ForeFront Power for Solar Photovoltaic Systems installed on specified City facilities. These change orders moderately increase the rates and fees to pay for the carport fire clearance. 2. Provide Staff with alternate direction. FISCAL IMPACT/FUNDING SOURCE: ForeFront Power would assume all upfront costs associated with the construction and annual maintenance costs of the four solar photovoltaic systems, therefore, there are no costs to the City for ITEM NO. 7.M. 4 the solar projects. The City would continue to pay the ongoing electricity utility costs with annual budget appropriations, which is already in the budget for Fiscal Year 24-25. Department Head Approval Date: 11/14/2024 Finance Approval Date: 11/15/2025 City Attorney Approval Date: 11/22/2025 City Manager Approval Date: 11/22/2025 Attachments: 1. City of Rohnert Park Callinan Change Acknowledgement 2. City of Rohnert Park City Center Change Acknowledgement 3. City of Rohnert Park Spreckels Change Acknowledgement 4. June 25, 2024 Council Agenda Report with the original PPA and ESA with ForeFront Power, LLC. CONFIDENTIAL AND PROPRIETARY 1 Upgrades, Scope and/or Schedule Change Acknowledgment This Acknowledgment is made in accordance with Section 11 of the Special Conditions, as defined in that Energy Service Agreement – Solar, between City of Rohnert Park (“Purchaser”) and FFP BTM Solar, LLC (“Provider”), dated June 26, 2024 (the “Agreement”) for the City Center located at 500 City Center Dr., Rohnert Park, CA 94928 (the “Project”). Upon execution by both Purchaser and Provider, this Acknowledgment shall be effective as of , 2024 (the “Acknowledgment Effective Date”). 1.Type of Change: Distribution Upgrades (ITC Eligible) Scope Changes (ITC Eligible) Scope Changes (Non-ITC Eligible) Day for Day Extension Extension for Good Cause Other: Rate increase outside of the scope changes in Schedule 2 2.Description of Change i.Scope Changes (ITC Eligible) – Minimum Carport Height Change Minimum carport clearance height has been updated from 10’ to 13’6” due to municipal fire code requirement. This cost includes material, labor, and equipment costs that are associated with the height change. Description Current PPA Rate Total PPA Increase New PPA Rate Scope Change – Carport Height Change $0.2532 $0.0059 $0.2591 ii.Early Termination Fee The kWh Rate and the Early Termination Values (due to the kWh Rate being updated) set forth in Schedule 2 of the Special Conditions shall be updated per Section 3 below. 3.kWh Rate and Early Termination Fee. PPA Rate Table Term Year kWh Rate ($/kWh) Term Year kWh Rate ($/kWh) 1 $0.2591 11 $0.2591 2 $0.2591 12 $0.2591 3 $0.2591 13 $0.2591 4 $0.2591 14 $0.2591 5 $0.2591 15 $0.2591 6 $0.2591 16 $0.2591 7 $0.2591 17 $0.2591 8 $0.2591 18 $0.2591 9 $0.2591 19 $0.2591 CONFIDENTIAL AND PROPRIETARY 2 10 $0.2591 20 $0.2591 Early Termination Fee Early Termination Occurs in Year: Column 1 Early Termination Fee where Purchaser does not take Title to the System ($/Wdc including costs of removal) Purchase Date Occurs on the 91st day following: (Each “Anniversary” below shall refer to the anniversary of the Commercial Operation Date) Column 2 Early Termination Fee where Purchaser takes Title to the System ($/Wdc, does not include costs of removal) 1*$6.82 -- 2 $6.33 -- 3 $5.74 -- 4 $5.25 -- 5 $4.81 -- 6 $4.38 5th Anniversary $3.88 7 $4.30 6th Anniversary $3.80 8 $4.26 7th Anniversary $3.76 9 $4.22 8th Anniversary $3.72 10 $4.18 9th Anniversary $3.68 11 $4.14 10th Anniversary $3.64 12 $4.10 11th Anniversary $3.60 13 $4.06 12th Anniversary $3.56 14 $4.02 13th Anniversary $3.52 15 $3.98 14th Anniversary $3.48 16 $3.94 15th Anniversary $3.44 17 $3.90 16th Anniversary $3.40 18 $3.86 17th Anniversary $3.36 19 $3.83 18th Anniversary $3.33 20 $3.79 19th Anniversary $3.29 4.For the avoidance of doubt, the change in kWh Rate referenced in this Acknowledgement shall not be included in the maximum total increase to the kWh Rate set forth in Schedule 2 of the Special Conditions. The Parties hereby acknowledge and confirm the terms set forth herein as of the Acknowledgment Effective Date. CITY OF ROHNERT PARK FFP BTM SOLAR, LLC By: By: Name: Name: Title: Title: Date: Date: CONFIDENTIAL AND PROPRIETARY 1 Upgrades, Scope and/or Schedule Change Acknowledgment This Acknowledgment is made in accordance with Section 11 of the Special Conditions, as defined in that Energy Service Agreement – Solar, between City of Rohnert Park (“Purchaser”) and FFP BTM Solar, LLC (“Provider”), dated June 26, 2024 (the “Agreement”) for the Callinan Sports & Fitness Center located at 5409 Snyder Ln, Rohnert Park, CA 94928 (the “Project”). Upon execution by both Purchaser and Provider, this Acknowledgment shall be effective as of , 2024 (the “Acknowledgment Effective Date”). 1.Type of Change: Distribution Upgrades (ITC Eligible) Scope Changes (ITC Eligible) Scope Changes (Non-ITC Eligible) Day for Day Extension Extension for Good Cause Other: Rate increase outside of the scope changes in Schedule 2 2.Description of Change. i.Scope Changes (ITC Eligible) – Minimum Carport Height Change Minimum carport clearance height has been updated from 10’ to 13’6” due to municipal fire code requirement. This cost includes material, labor, and equipment costs that are associated with the height change. Description Current PPA Rate Total PPA Increase New PPA Rate Scope Change – Carport Height Change $0.3647 $0.0055 $0.3702 ii.Early Termination Fee The kWh Rate and the Early Termination Values (due to the kWh Rate being updated) set forth in Schedule 2 of the Special Conditions shall be updated per Section 3 below. 3.kWh Rate and Early Termination Fee. PPA Rate Table Term Year kWh Rate ($/kWh) Term Year kWh Rate ($/kWh) 1 $0.3702 11 $0.3702 2 $0.3702 12 $0.3702 3 $0.3702 13 $0.3702 4 $0.3702 14 $0.3702 5 $0.3702 15 $0.3702 6 $0.3702 16 $0.3702 7 $0.3702 17 $0.3702 8 $0.3702 18 $0.3702 9 $0.3702 19 $0.3702 10 $0.3702 20 $0.3702 CONFIDENTIAL AND PROPRIETARY 2 Early Termination Fee Early Termination Occurs in Year: Column 1 Early Termination Fee where Purchaser does not take Title to the System ($/Wdc including costs of removal) Purchase Date Occurs on the 91st day following: (Each “Anniversary” below shall refer to the anniversary of the Commercial Operation Date) Column 2 Early Termination Fee where Purchaser takes Title to the System ($/Wdc, does not include costs of removal) 1*$8.70 -- 2 $8.06 -- 3 $7.28 -- 4 $6.62 -- 5 $6.02 -- 6 $5.42 5th Anniversary $4.92 7 $5.26 6th Anniversary $4.76 8 $5.15 7th Anniversary $4.65 9 $5.03 8th Anniversary $4.53 10 $4.91 9th Anniversary $4.41 11 $4.79 10th Anniversary $4.29 12 $4.67 11th Anniversary $4.17 13 $4.54 12th Anniversary $4.04 14 $4.40 13th Anniversary $3.90 15 $4.26 14th Anniversary $3.76 16 $4.12 15th Anniversary $3.62 17 $3.97 16th Anniversary $3.47 18 $3.81 17th Anniversary $3.31 19 $3.65 18th Anniversary $3.15 20 $3.47 19th Anniversary $2.97 4.For the avoidance of doubt, the change in kWh Rate referenced in this Acknowledgement shall not be included in the maximum total increase to the kWh Rate set forth in Schedule 2 of the Special Conditions. The Parties hereby acknowledge and confirm the terms set forth herein as of the Acknowledgment Effective Date. City of Rohnert Park FFP BTM Solar, LLC By:By: Name: Name: Title:Title: Date: Date: CONFIDENTIAL AND PROPRIETARY 1 Upgrades, Scope and/or Schedule Change Acknowledgment This Acknowledgment is made in accordance with Section 11 of the Special Conditions, as defined in that Energy Service Agreement – Solar, between City of Rohnert Park (“Purchaser”) and FFP BTM Solar, LLC (“Provider”), dated June 26, 2024 (the “Agreement”) for the Spreckels Performing Arts Center located at 5405 Snyder Ln, Rohnert Park, CA 94928 (the “Project”). Upon execution by both Purchaser and Provider, this Acknowledgment shall be effective as of , 2024 (the “Acknowledgment Effective Date”). 1.Type of Change: Distribution Upgrades (ITC Eligible) Scope Changes (ITC Eligible) Scope Changes (Non-ITC Eligible) Day for Day Extension Extension for Good Cause Other: Rate increase outside of the scope changes in Schedule 2 2.Description of Change. i.Scope Changes (ITC Eligible) – Minimum Carport Height Change Minimum carport clearance height has been updated from 10’ to 13’6” due to municipal fire code requirement. This cost includes material, labor, and equipment costs that are associated with the height change. Description Current PPA Rate Total PPA Increase New PPA Rate Scope Change – Carport Height Change $0.2930 $0.0038 $0.2968 ii.Early Termination Fee The kWh Rate and the Early Termination Values (due to the kWh Rate being updated) set forth in Schedule 2 of the Special Conditions shall be updated per Section 3 below. 3.kWh Rate and Early Termination Fee. PPA Rate Table Term Year kWh Rate ($/kWh) Term Year kWh Rate ($/kWh) 1 $0.2968 11 $0.2968 2 $0.2968 12 $0.2968 3 $0.2968 13 $0.2968 4 $0.2968 14 $0.2968 5 $0.2968 15 $0.2968 6 $0.2968 16 $0.2968 7 $0.2968 17 $0.2968 8 $0.2968 18 $0.2968 9 $0.2968 19 $0.2968 10 $0.2968 20 $0.2968 CONFIDENTIAL AND PROPRIETARY 2 Early Termination Fee Early Termination Occurs in Year: Column 1 Early Termination Fee where Purchaser does not take Title to the System ($/Wdc including costs of removal) Purchase Date Occurs on the 91st day following: (Each “Anniversary” below shall refer to the anniversary of the Commercial Operation Date) Column 2 Early Termination Fee where Purchaser takes Title to the System ($/Wdc, does not include costs of removal) 1*$7.21 -- 2 $6.70 -- 3 $6.09 -- 4 $5.57 -- 5 $5.11 -- 6 $4.64 5th Anniversary $4.14 7 $4.54 6th Anniversary $4.04 8 $4.47 7th Anniversary $3.97 9 $4.41 8th Anniversary $3.91 10 $4.34 9th Anniversary $3.84 11 $4.27 10th Anniversary $3.77 12 $4.20 11th Anniversary $3.70 13 $4.13 12th Anniversary $3.63 14 $4.06 13th Anniversary $3.56 15 $3.99 14th Anniversary $3.49 16 $3.91 15th Anniversary $3.41 17 $3.84 16th Anniversary $3.34 18 $3.76 17th Anniversary $3.26 19 $3.68 18th Anniversary $3.18 20 $3.60 19th Anniversary $3.10 4.For the avoidance of doubt, the change in kWh Rate referenced in this Acknowledgement shall not be included in the maximum total increase to the kWh Rate set forth in Schedule 2 of the Special Conditions. The Parties hereby acknowledge and confirm the terms set forth herein as of the Acknowledgment Effective Date. City of Rohnert Park FFP BTM Solar, LLC By:By: Name: Name: Title: Title: Date: Date: ITEM NO. 9.C. 4883-9288-5194 v1 1 Meeting Date: June 25, 2024 Department: Public Works Submitted By: Vanessa Garrett, Public Works Director Prepared By: Dustin De Matteo, Sustainability Manager Eydie Tacata, Sr. Public Works Analyst Agenda Title: Conduct a Public Hearing and Consider Adopting a Resolution Authorizing the City Manager to enter into Power Purchase Agreements with Forefront Power, Making Findings on Energy Savings, determining other matters in connection with Energy Service Agreements, Finding this Action Exempt from the California Environmental Quality Act (CEQA), and approving Energy Services Agreements with Forefront Power RECOMMENDED ACTION: Conduct a Public Hearing and consider adopting a resolution approving Energy Service Agreements with ForeFront Power for Solar Photovoltaic Systems installed on specified City facilities. BACKGROUND: On June 11, 2024, the Rohnert Park City Council received a presentation with recommendations resulting from a solar energy feasibility study of eight City-owned facilities and community spaces. The study was authorized by the City in 2022 and conducted by ForeFront Power, a commercial and industrial clean energy developer and also vendor for the School Project for Utility Rate Reduction (SPURR), a Joint Powers Authority (JPA) formed to reduce and control utility costs for public sector agencies. ForeFront’s feasibility study identified three sites that would produce significant cost savings and power generation over a 20-year term if the City participates in Renewable Energy Aggregated Procurement (REAP), one of SPURR’s programs. ForeFront Power determined that solar installations at the City Center, Spreckels Performing Arts Center, and Callinan Sports & Fitness Center would result in a 1.1 megawatt (1,106 kW) solar canopy portfolio saving the City almost $5.85 million over a 20-year period. The City would also offset approximately 1,615 tons of Greenhouse Gas Emissions (GHG) per year, equivalent to a total of 32,300 tons of GHG emissions over the 20-year lifetime of the system. The presentation further described how REAP allows the City to procure solar renewable energy systems by entering into Power Purchase Agreements (also known as Energy Services Agreements (ESAs)) with ForeFront Power. The ESAs would include a 20-year term in which the City would agree to purchase renewable electricity from Forefront Power at a contractually 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. 4883-9288-5194 v1 2 specified rate. ForeFront Power would finance, design, permit, construct, operate, and maintain the solar installations and guarantee output for the 20-year term in exchange for the participating agencies’ purchase of energy from ForeFront Power. City staff also presented the City Council other options for solar photovoltaic arrays on City sites, including other procurement methods such as a Request for Proposals to select and negotiate pricing with other energy contractors, or the direct purchase and installation of solar arrays by the City. Staff’s examination determined that the cost of purchasing energy through a PPA with Forefront Power would be lower over the term of the agreement than Neither alternative approach was recommended by City staff than projected costs with its current electrical power providers. The City Council directed staff to move forward with the project and to bring the final Energy Services Agreements back to Council. ANALYSIS: Under the terms of the proposed ESAs, the City would not bear any upfront costs and would realize energy cost savings in the first year. Furthermore, energy rates in the ESA do not increase at all over the 20-year term, and the City would not be responsible to operate or maintain the systems because repairs or replacements throughout the entire ESA term would be performed by ForeFront Power. At the end of the term, the City could elect to extend the PPA, purchase the system from Forefront Power, or have Forefront Power decommission and remove the equipment from City facilities. The following documents are attached to this staff report: •Resolution authorizing the City Manager to execute all necessary documents for the City to enter into Energy Services Agreements with ForeFront Power; •General Terms and Conditions of the Energy Services Agreement, and •Three similar “Special Conditions” Energy Services Agreements, one for each site. California Government Code 4217.10 authorizes a public entity to enter into energy services contracts, facility financing contracts, and related agreements to implement the State’s conservation and alternative energy supply source policy. The attached resolution makes the necessary findings for the City to enter into power purchasing agreements with Forefront Power. The general terms and conditions document includes definitions, terms and termination clauses; defines roles in the construction, installation, and system testing phases; and describes system operations, payment, general covenants, warrantees, force majeure, default, assignment, indemnity and insurance. The remaining documents provide additional detail for the individual sites, including description of the premises and system, energy services payment, early termination fee, estimated annual energy production, noticing information, system layout, and specific scope of work items. The ESAs are not exclusive, allowing the City to continue receiving electricity from Sonoma Clean Power through PG&E’s grid and billing services for any consumption that is not covered by the power generated by the solar installation. The rates secured in this PPA are only good for 20 years, because the price in which ForeFront can sell power back to PG&E lapse after 20 years. The infrastructure itself has a service life of over 40 years (with proper maintenance), so the City could potentially negotiate new rates at the ITEM NO. 4883-9288-5194 v1 3 end of the 20 year agreement if favorable. The other options include requiring ForeFront to remove the facilities at the end of the contract, or purchasing the facilities to continue to utilize savings from solar energy. ENVIRONMENTAL ANALYSIS: The purchase agreement is a discretionary action and as such is subject to the California Environmental Quality Act (CEQA). The agreement would facilitate the installation of photovoltaic systems on existing city facilities. California Code of Regulations Title 14, Chapter 13 (“State CEQA Guidelines”) exempts certain projects from further CEQA evaluation, including the following: (1) projects consisting of the new construction or conversion of small structures (“Class 3 Exemption”; Cal. Code Regs., tit. 14, § 15303); and (2) projects consisting of the construction or placement of minor accessory structures to existing facilities (“Class 11 Exemption”; Cal. Code Regs., tit. 14, § 15311).), The Project does not involve any of the following and so is eligible for a categorical exemption as described above under State CEQA Guidelines section 15300.2: (a) the cumulative impact of successive projects of the same type in the same place, which over time are significant; (b) an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances; (c) a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway; (d) a hazardous waste site which is included on any list compiled pursuant to Section 65962.5 of the Government Code; and (e) a project which may cause a substantial adverse change in the significance of a historical resource. STRATEGIC PLAN AND COUNCIL GOALS/PRIORITIES ALIGNMENT: The recommended action is consistent with the Strategic Plan Goal focus on infrastructure and beautification as well as fiscal responsibility. OPTIONS CONSIDERED: 1. During the June 11, 2024 City Council meeting, staff was directed by the City Council to bring this forward for approval. The City Council may, nevertheless, choose not to approve the Resolution and task staff with exploring additional measures not included in this project; and/or: 2.Provide Staff with alternate direction. FISCAL IMPACT: The fiscal impact of this item is an anticipated savings of at least $5,849,141 over a 20-year period. ForeFront Power would assume all upfront costs associated with the construction and annual maintenance costs of the four solar photovoltaic systems, therefore, there are no costs to the City for the solar projects. The City would continue to pay the ongoing electricity utility costs with annual budget appropriations, which is already in the budget for Fiscal Year 23-24. ITEM NO. 4883-9288-5194 v1 4 Department Head Approval Date: 06/14/2024 City Attorney Approval Date: 06/20/2024 Finance Director Approval Date: 06/14/2024 City Manager Approval Date: 06/18/2024 Attachments: 1. Resolution 2. Exhibit A to Resolution: Project Cashflows 3. General Terms and Conditions of Energy Services Agreement 4.Energy Services Agreement - Solar: City Center 5.Energy Services Agreement - Solar: Callinan Sports and Fitness Center 6.Energy Services Agreement - Solar: Spreckels Performing Arts Center 4884-3968-2250 v1 RESOLUTION NO. 2024-050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK MAKING FINDINGS ON ENERGY SAVINGS, DETERMINING OTHER MATTERS IN CONNECTION WITH ENERGY SERVICE AGREEMENTS, FINDING THIS ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), AND APPROVING ENERGY SERVICES AGREEMENTS WITH FOREFRONT POWER WHEREAS, it is the policy of the State of California and the intent of the State Legislature to promote all feasible means of energy conservation and all feasible uses of alternative energy supply sources; and WHEREAS, the City of Rohnert Park (“City”) desires to reduce the steadily rising costs of meeting the energy needs at its facilities; and WHEREAS, the City proposes to enter into Energy Services Agreements and related contract documents (“Agreements”) with ForeFront Power (“ForeFront”) for facilities on City owned property, and which pursuant to those Agreements , ForeFront will design, construct, and install on City property solar photovoltaic and arrange with the local utility for interconnection of the facilities, which will generate energy for the sites on which such facilities are located; and WHEREAS, ForeFront has provided the City with analysis showing the financial and other benefits of entering into the Energy Services Agreements, which analysis is attached hereto as Exhibit A and made part hereof by this reference; and WHEREAS, Exhibit A includes data showing that the anticipated cost to the City for the electrical energy provided by the solar photovoltaic and energy storage facilities will be less than the anticipated cost to the City of electrical energy that would have been consumed by the City in the absence of such measures; and WHEREAS, ForeFront was the selected vendor for School Project for Utility Rate Reduction’s (“SPURR”) Renewable Energy Aggregated Procurement (“REAP”) Program, a competitive statewide solar and energy storage request for proposals (“RFP”) process, and the City adopts the REAP Program’s competitive process as its own; and WHEREAS, the City proposes to enter into the Energy Services Agreements and related contract documents, each in substantially the form presented at this meeting, subject to such changes, insertions or omissions as the City Manager, or designated staff, reasonably deems necessary following the Council’s adoption of this Resolution; and WHEREAS, pursuant to Government Code section 4217.12, this Council held a public hearing, public notice of which was given two weeks in advance, to receive public comment; and WHEREAS, the Energy Services Agreements are in the best interests of the City; and WHEREAS, the City’s proposed approval of the Energy Services Agreements is a “Project” for purposes of the California Environmental Quality Act (“CEQA”); and 4884-3968-2250 v1 Resolution 2024-050 Page 2 of 3 WHEREAS, the Guidelines for CEQA, California Code of Regulations Title 14, Chapter 13 (“State CEQA Guidelines”), exempt certain projects from further CEQA evaluation, including the following: (1) projects consisting of the new construction or conversion of small structures (“Class 3 Exemption”; Cal. Code Regs., tit. 14, § 15303); and (2) projects consisting of the construction or placement of minor accessory structures to existing facilities (“Class 11 Exemption”; Cal. Code Regs., tit. 14, § 15311); and the Project is categorically exempt under one or more of such exemptions; and WHEREAS, the Project does not involve any of the following and so is eligible for a categorical exemption as described above under State CEQA Guidelines section 15300.2: (a) the cumulative impact of successive projects of the same type in the same place, which over time are significant; (b) an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances; (c) a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway; (d) a hazardous waste site which is included on any list compiled pursuant to Section 65962.5 of the Government Code; and (e) a project which may cause a substantial adverse change in the significance of a historical resource; and WHEREAS, Public Resources Code, section 21080.35 (added by Stats.2011, c. 469 (S.B.226), § 3), statutorily exempts from CEQA evaluation the installation of a solar energy system, including associated equipment, on the roof of an existing building or at an existing parking lot. NOW, THEREFORE, BE IT RESOLVED based upon the above-referenced recitals, the Council hereby finds, determines and orders as follows: 1.The terms of the Energy Services Agreements and related agreements are in the best interests of the City. 2. In accordance with Government Code section 4217.12, and based on data provided by Exhibit A, the Council finds that the anticipated cost to the City for electrical energy provided by the Energy Services Agreements will be less than the anticipated cost to the City of electrical energy that would have been consumed by the City in the absence of the Energy Services Agreements. 3. The Council hereby approves the Energy Services Agreements in accordance with Government Code section 4217.12. 4.The City Manager is hereby authorized and directed to negotiate any further changes, insertions, and omissions to the Energy Services Agreements as reasonably deemed necessary, and thereafter to execute and deliver the Energy Services Agreements following the Council’s adoption of this Resolution. The City Manager is further authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits, and other documents and to do or cause to be done 4884-3968-2250 v1 Resolution 2024-050 Page 3 of 3 any and all other acts and things necessary or proper for carrying out this Resolution and said agreements. 5. The Project hereby found to be exempt from the requirements of CEQA pursuant to the Class 3 and Class 11 Exemptions, as described above. 6. The Project is hereby found to be exempt from the requirements of CEQA pursuant to Public Resources Code, section 21080.35 (added by Stats.2011, c. 469 (S.B.226), § 3), as described above. 7. City staff are hereby authorized to file and process a Notice of CEQA Exemption for the Project in accordance with CEQA and the State CEQA Guidelines, and the findings set forth in this resolution. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute documents pertaining to the same for and on behalf of the City of Rohnert Park, and the City Attorney’s office is authorized to make minor edits to the documents. DULY AND REGULARLY ADOPTED this 25th day of June, 2024. CITY OF ROHNERT PARK ____________________________________ ATTEST: Susan H. Adams, Mayor ______________________________ Sylvia Lopez Cuevas, City Clerk APPROVED AS TO FORM: ______________________________ Michelle M. Kenyon, City Attorney Attachments: Exhibit A: Project Cashflows, Exhibit B: General Terms and Conditions of Energy Services Agreement, Exhibit C: Energy Services Agreement - Solar: City Center, Exhibit D: Energy Services Agreement - Solar: Callinan Sports and Fitness Center, Exhibit E: Energy Services Agreement - Solar: Spreckels Performing Arts Center ELWARD: _________ RODRIGUEZ: _________SANBORN: _________ GIUDICE: _________ ADAMS: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Project Cashflows: GC 4217 Attachment ARate ScenarioNEM 2.0SolutionsSolar OnlyFinancial AssumptionsProjectCity PortfolioParameterValueYear 1 Savings$81,711PPA Rate Escalator (%/yr)0.0%Cumulative Savings$5,849,141Utility Energy Escalator (%/yr)2.7%Payback PeriodImmediateUtility Demand Escalator (%/yr)5.0%Solar System Size (KW)1,106PPA Term (Years)20Storage System Size (KW)0Solar Degradation Rate (%)0.50%YearPre-Solar Utility Bill (without solar)PPA PaymentNew Utility Bill (with solar)Total Electricity Costs (PPA + Utility)Net SavingsCumulative Savings1667,878439,742146,425586,16781,71181,7112689,438437,544151,781589,325100,114181,8243711,757435,356157,352592,708119,049300,8734734,864433,179163,147596,327138,537439,4105758,788431,013169,176600,190158,599598,0096783,563428,858175,449604,308179,256777,2657809,222426,714181,977608,691200,531977,7968835,798424,580188,770613,351222,4471,200,2439863,328422,458195,841618,299245,0291,445,27210891,850420,345203,201623,547268,3031,713,57511921,402418,244210,864629,108292,2942,005,86912952,026416,152218,843634,995317,0312,322,90013983,764414,072227,151641,222342,5412,665,441141,016,660412,001235,803647,804368,8563,034,297151,050,762409,941244,815654,757396,0053,430,302161,086,116407,891254,203662,094424,0223,854,324171,122,775405,852263,983669,835452,9404,307,264181,160,790403,823274,173677,996482,7944,790,058191,200,216401,804284,791686,594513,6225,303,680201,241,112399,795295,856695,651545,4615,849,141Total $18,482,109$4,243,603$12,632,968$5,849,141$5,849,141 CONFIDENTIAL AND PROPRIETARY *** GENERAL TERMS AND CONDITIONS OF ENERGY SERVICES AGREEMENT These General Terms and Conditions of Energy Services Agreement are dated as of the d.5�ay of J �,ne, , 2024 and are witnessed and acknowledged by FFP BTM SOLAR, LLC, a Delaware limited liability company ("ForeFront Power") and City of Rohnert Park, a Municipal Corporation ("Purchaser"), as evidenced by their signature on the last page of this document. These General Terms and Conditions are intended to be incorporated by reference into Energy Services Agreements that may be entered into between ForeFront Power and Purchaser or between their respective Affiliates. These General Terms and Conditions shall have no binding effect upon ForeFront Power or Purchaser, respectively, except to the extent Purchaser or ForeFronl Power (or an Affiliate thereof) becomes a party to an Energy Services Agreement that incorporates these General Terms and Conditions. 1.DEFINITIONS. 1.1 In addition to other terms specifically defined elsewhere in this Agreement, where capitalized, the following words and phrases shall be defined as follows: "Affiliate" means, with respect to any specified Person, any other Person directly or indirectly controlling, controlled by or under common control with such specified Person. "Agreement" means, the Energy Services Agreement. "Applicable Law" means, with respect to any Person, any constitutional provision, law, statute, rule, regulation, ordinance, treaty, order, decree, judgment, decision, certificate, holding, injunction, registration, license, franchise, permit, authorization, guideline, Governmental Approval, consent or requirement of any Governmental Authority having jurisdiction over such Person or its property, enforceable at law or in equity, including the interpretation and administration thereof by such Governmental Authority. "Assignment" has the meaning set forth in Section 13.1. "Bankruptcy Event" means with respect to a Party, that either (i) such Party has (A) applied for or consented to the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property; (8) admitted in writing its inability, or be generally unable, to pay its debts as such debts become due; (C) made a general assignment for the benefit of its creditors; (D) commenced a voluntary case under any bankruptcy law; (E) filed a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding up, or composition or readjustment of debts; (F) taken any corporate or other action for the purpose of effecting any of the foregoing; or (ii) has a petition in bankruptcy filed against it, and such petition is not dismissed within ninety (90) days after the filing thereof. "Business Day' means any day other than Saturday, Sunday or any other day on which banking institutions in New York, NY are required or authorized by Applicable Law to be closed for business. GENERAL CONDITIONS (JUNE 2018) "Commercial Operation" has the meaning set forth in Section 3.3(b). "Commercial Operation Date" has the meaning set forth in Section 3.3(b). "Confidential Information" has the meaning set forth in Section 15.1. "Covenants. Conditions and Restrictions" or "CCR" means those requirements or limitations related to the Premises as may be set forth in a lease, if applicable, or by any association or other organization, having the authority to impose restrictions. "Delay Liquidated Damages" means the daily payment of (i) $0.250/day/kW (DC) of the Estimated Nameplate Capacity of the System (as set forth in Schedule l of the Special Conditions). "Disruption Period' has the meaning set forth in Section 4.3. "Early Termination Date" means any date on which this Agreement terminates other than by reason of expiration of the then applicable Term. "Early Termination Fee" means the fee payable by Purchaser to Provider under the circumstances described in Section 2.2, Section 2.3 or Section 11.2. "Effective Date" has the meaning set forth in the preamble to the Special Conditions. "Energy Services" has the meaning set forth in the Special Conditions. "Energv Services Agreement' means each Energy Services Agreement (including the Schedules attached thereto) that may be entered into between Forefront Power and Purchaser or between their respective Affiliates that incorporates these General Terms and Conditions by reference. ' Energy Services Payment" has the meaning set forth in the Special Conditions. "Environmental Attributes" shall mean, without limitation, carbon trading credits, renewable energy credits or certificates, emissions reduction credits, emissions allowances, green tags, tradable renewable credits, or Green-e® products. "Environmental Documents" has the meaning set forth in Section 7.2(f). "Environmental Law" means any and all federal, state, local, provincial and foreign, civil and criminal laws, statutes, ordinances, orders, common law, codes, rules, regulations, judgments, decrees, injunctions relating to the protection of health and the environment, worker health and safety, and/or governing the handling, use, generation, treatment, storage, transportation, disposal, manufacture, distribution, formulation, packaging, labeling, or release to the environment of or exposure to Hazardous Materials, including any such requirements implemented through Governmental Approvals. "Estimated Nameplate Capacity" means the lesser of (i) the projected total installed rated capacity of the System and (ii) specified maximum power output of the inverter(s) as may be adjusted from time-to-time on or prior to the Commercial Operation Date to reflect prevailing conditions, including without limitation, changes in interconnection capabilities, site conditions, environmental factors, equipment specifications, and other relevant variables that impact System performance. "Estimated Remaining Payments" means as of any date, the estimated remaining Energy Services Payments to be made through the end of the then-applicable Term, as reasonably determined by Provider. "Expiration Date" means the date on which this Agreement terminates by reason of expiration of the Term. Page 2 of26 "Fair Markel Value ' means, with respect to any tangible asset or service, the price that would be negotiated in an arm's-length, free market transaction, for cash, between an informed, willing seller and an informed, willing buyer, neither of whom is under compulsion to complete the transaction. Fair Market Value of the System will be determined pursuant to Section 2.4. "Financing Party" means, as applicable (i) any Person (or its agent) from whom Provider (or an Affiliate of Provider) leases the System, (ii) any Person (or its agent) who has made or will make a loan to or otherwise provides financing to Provider ( or an Affiliate of Provider) with respect to the System, or (iii) any Person acquiring a direct or indirect interest in Provider or in Provider's interest in this Agreement or the System, including (but not limited to) as a tax credit investor. "Force Majeure Event'' has the meaning set forth in Section 10.1. "Forefront Power" has the meaning set forth in the Preamble. "General Terms and Conditions" means these General Terms and Conditions of the Energy Services Agreement, including all Exhibits hereto. 'Guaranteed Commercial Operation Date" has the meaning set forth in Section 5 of the Special Conditions, subject to extension as set forth in Section 2.2(b). "Guaranteed Construction Start Date" has the meaning set forth in Section 5 of the Special Conditions, subject to extension as set forth in Section 2.2(b ). "Governmental Approval" means any approval, consent, franchise, permit, certificate, resolution, concession, license, or authorization issued by or on behalf of any applicable Governmental Authority, including any such approval, consent, order or binding agreements with or involving a governmental authority under Environmental Laws. "Governmental Authority" means any federal, state, regional, county, town, city, or municipal government, whether domestic or foreign, or any department, agency, bureau, or other administrative, regulatory or judicial body of any such government. "Hazardous Materials' means any hazardous or toxic material, substance or waste, including petroleum, petroleum hydrocarbons or petroleum products, and any other chemicals, materials, substances or wastes in any amount or concentration which are regulated under or for which liability can be imposed under any Environmental Law. "Initial Term" has the meaning set forth in Section 2 of the Special Conditions. "Installation Work" means the construction and installation of the System and the start-up, testing and acceptance (but not the operation and maintenance) thereof, all performed by or for Provider (by using one or more qualified contractors holding the appropriate licenses required in the jurisdiction where the System will be installed) at the Premises. "Invoice Date" has the meaning set forth in Section 6.2. "Liens" has the meaning set forth in Section 7. I ( d). "Local Electric Utility' means the local electric distribution owner and operator providing electric distribution and interconnection services to Purchaser at the Premises. ' Losses" means all losses, liabilities, claims, demands, suits, causes of action, judgments, awards, damages, cleanup and remedial obligations, interest, fines, fees, penalties, costs, and expenses (including all attorneys' fees and other costs and expenses incurred in defending any such claims or other matters or in asserting or enforcing any indemnity obi igation ). Page 3 of26 "Notice" means the manner of delivery and the Parties designees identified in Schedule 5 of the Energy Services Agreement -Special Conditions applicable to this Agreement. "Option Price" has the meaning set forth in Section 2.3(i). "Party" or "Parties" has the meaning set forth in the preamble to the Special Conditions. "Person" means an individual, partnership, corporation, limited liability company, business trust,joint stock company, trust, unincorporated association,joint venture, firm, or other entity, or a Governmental Authority. "Pre-existing Envi.ronmental Conditions ' means any: (i) violation of, breach of or non-compliance with any Environmental Laws with respect to the Premises that first existed, arose or occurred on or prior to Provider's commencement of construction at the Premises and (ii) the presence or release of, or exposure to, any Hazardous Materials at, to, on, in, under or from the Premises that first existed, arose or occurred on or prior to Provider's commencement of construction at the Premises. "Premises" means the premises described in Schedule I of the Special Conditions. The Premises includes the entirety of any structures and underlying real property located at the address in Schedule I of the Special Conditions. "Provider" has the meaning set forth in the Special Conditions. "Provider Default" has the meaning set forth in Section 11. l(a). "Provider Indemnified Parties" has the meaning set forth in Section 16.2. "Purchase Date" means the first Business Day that occurs after the applicable purchase date set forth in Schedule 3 of the Special Conditions. "Purchaser" has the meaning set forth in the preamble to the Special Conditions. "Purchaser Default" has the meaning set forth in Section l 1.2(a). "Purchaser Indemnified Parties" has the meaning set forth in Section 16.1. 'Renewal Term" if applicable, has the meaning set forth in Section 2 of the Special Conditions. 'Representative" has the meaning set forth in Section 15.1. "Security Interest" has the meaning set forth in Section 8.2(a). "Site-Specific Requirements" means the site-specific information and requirements as may be set forth in Schedule 6 of the Special Conditions. "Special Conditions" means each Energy Services Agreement, excluding these General Terms and Conditions. "Stated Rate' means a rate per annum equal to the lesser of(a) the "prime rate" (as reported in The Wall Street Journal) plus two percent (2%) or (b) the maximum rate allowed by Applicable Law. "System" has the meaning set forth in Schedule I of the Special Conditions. "System-based Incentives'' means any accelerated depreciation, installation or production -based incentives, investment tax credits and subsidies including, but not limited to, the subsidies in Schedule I of the Special Conditions and all other related subsidies and incentives. Page 4 of26 "System Operations" means Provider's operation, maintenance and repair of the System performed by Provider or for Provider (by using one or more qualified contractors holding the appropriate licenses required in the jurisdiction where the System will be installed) in accordance with the requirements herein. "Term" means the Initial Term, and the subsequent Renewal Term(s), ifany. "Term Year" means a twelve (12) month period beginning on the first day of the Tenn and each successive twelve (12) month period thereafter. "Termination Date" means the date on which this Agreement ceases to be effective, including on an Early Termination Date or the Expiration Date. 1.2 Interpretation. The captions or headings in these General Terms and Conditions are strictly for convenience and shall not be considered in interpreting this Agreement. Words in this Agreement that impart the singular connotation shall be interpreted as plural, and words that impart the plural connotation shall be interpreted as singular, as the identity of the parties or objects referred to may require. The words "include", "includes", and "including" mean include, includes, and including "without limitation" and "without limitation by specification." The words "hereof', "herein", and "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular provision of this Agreement. Except as the context otherwise indicates, all references to "Articles" and "Sections" refer to Articles and Sections of these General Terms and Conditions. 2.TERM AND TERMINATION. 2. I Term. The Initial Term is as specified in the Special Conditions. 2.2 Early Termination. (a)Purchaser may terminate this Agreement prior to any applicable Expiration Date, when such action is deemed by the Purchaser, to be in its best interest or for any reason upon sixty (60) days' prior written Notice in the form and to the Parties identified in Schedule 5 "Notice" of the Energy Services Agreement, Special Conditions applicable to this Agreement. If Purchaser terminates the Agreement prior to the Expiration Date of the Initial Term, Purchaser shall pay, as liquidated damages, the Early Termination Fee set forth on Schedule 3, Column l of the Special Conditions, and Provider shall cause the System to be disconnected and removed from the Premises in accordance with Section 2.4. Upon Purchaser's payment to Provider of the Early Termination Fee, this Agreement shall terminate automatically. Notwithstanding Section 2.2(b) of this Agreement and without prejudice to Provider's right to receive an Early Termination Fee in accordance with this Section 2.2, upon receipt ofa Notice of termination, the Provider shall maintain books, records and documents, or other evidence documenting the costs and expenses of Provider under this Agreement for two years following receipt of such Notice. (b)Purchaser may (i) if Provider fails to commence construction by the Guaranteed Construction Start Date, be entitled (as its sole remedy) to Delay Liquidated Damages not to exceed $22.5/kW (DC) of the Estimated Nameplate Capacity of the System (as set forth in Schedule 1 of the Special Conditions), (ii) terminate this Agreement with no liability whatsoever, including, but not limited to the Early Termination Fee, if Provider fails to commence construction of the System by the date that is ninety (90) days after the Guaranteed Construction Start Date, or (iii) if Provider fails to achieve Commercial Operation by the Guaranteed Commercial Operation Date, be entitled (as its sole remedy) to Delay Liquidated Damages not to exceed $15/kW (DC) of the Estimated Nameplate Capacity of the System (as set forth in Schedule I of the Special Conditions), plus (if Installation Work had commenced at the Premises as of the date of termination) any costs reasonably incurred by Purchaser to return its Premises to its condition prior to commencement of the Installation Work. Further, Purchaser may terminate this Agreement with no liability whatsoever, including, but not limited to the Early Termination Fee, if Provider fails to commence Commercial Operation by the date that is sixty (60) days after the Guaranteed Commercial Operation Date. The Guaranteed Construction Start Date and Guaranteed Commercial Operation Date shall be extended on a day-for-day basis if any of the following occurs: (x) notwithstanding Provider's commercially reasonable efforts, interconnection approval is not obtained within sixty (60) days after the Effective Date, provided that interconnection applications are submitted Page 5 of26 within 45 days of the later of (a) the Effective Date and (b) finalization of the System layout, (y) a Force Majeure Event occurs or for any delays by the Local Electric Utility or (z) an occurrence of any other unforeseeable event outside of Provider's reasonable control, provided that Provider makes reasonable efforts to mitigate the impact of such events on the Guaranteed Construction Start Date or Guaranteed Commercial Operation Date (as applicable). Any such extension pursuant to subsection (z) shall be subject to the approval of Purchaser which shall not be unreasonably withheld, conditioned or delayed. 2.3 Purchase Option. (i)On any Purchase Date, so long as a Purchaser Default shall not have occurred and be continuing, Purchaser has the option to purchase the System for a purchase price (the "Option Price") equal to the greater of (a) the Fair Market Value of the System as of the Purchase Date, or (b) the Early Termination Fee as of the Purchase Date, as specified in Schedule 3, Column 2 of the Special Conditions. To exercise its purchase option, Purchaser shall, not less than one hundred and eighty (180) days prior to the proposed Purchase Date, provide written Notice to Provider Purchaser's intent to exercise its option to purchase the System on such Purchase Date. Within thirty (30) days of receipt of Purchaser's Notice, Provider shall specify the Option Price, and provide all calculations and assumptions supporting said Option Price to Purchaser. Purchaser shall then have a period of thirty (30) days after notification to confirm or retract its decision to exercise the purchase option or, if the Option Price is equal to the Fair Market Value of the System, to dispute the determination of the Fair Market Value of the System. In the event Purchaser con firms its exercise of the purchase option in writing to Provider ( whether before or after any determination of the Fair Market Value determined pursuant to Section 2.3(ii)), (i) the Parties shall promptly execute all documents necessary to (A) cause title to the System to pass to Purchaser on the Purchase Date, free and clear of any Liens, and (8)assign all vendor warranties for the System to Purchaser, and (ii) Purchaser shall pay the Option Price to Provider on the Purchase Date, such payment to be made in accordance with any previous written instructions delivered to Purchaser by Provider or Provider's Financing Party, as applicable, for payments under this Agreement. Upon execution of the documents and payment of the Option Price, in each case as described in the preceding sentence, this Agreement shall terminate automatically. Payment of the Option Price shall be in lieu of and instead of any payments as described in Section 2.2 hereof. In the event Purchaser retracts its exercise of, or does not timely confirm, the purchase option, the provisions of this Agreement shall be applicable as if Purchaser had not exercised any option to purchase the System. (ii)Determination of Fair Market Value. If the Option Price indicated by Provider in accordance with Section 2.3(i) is equal to the Fair Market Value (as determined and demonstrated by supporting documentation provided by Provider) and Purchaser disputes such stated Fair Market Value within thirty (30) days of receipt of such Notice from Provider, then the Parties shall mutually select an independent appraiser with experience and expertise in the standards of the Energy Services industry as those standards are interpreted in the nine county region defined by the Association of Bay Area Governments as the San Francisco Bay Area,. Such appraiser shall have expertise and experience in valuing photovoltaic systems, resale markets for such systems and related environmental attributes, and shall act reasonably and in good faith to determine Fair Market Value and shall set forth such determination in a written opinion delivered to the Parties. The valuation made by the appraiser shall be binding upon the Parties in the absence of fraud or manifest error; however, if Purchaser in good faith disputes the valuation made by the appraiser, Purchaser shall have the right to retract its decision to exercise the Purchase Option. The costs of the appraisal shall be borne by Purchaser if such appraisal results in a value equal or greater than the value provided by Provider pursuant to Section 2.3(i); otherwise, the Parties shall equally share such cost. 2.4 Removal of System at Expiration. Subject to Purchaser's exercise of its purchase option under Section 2.3, upon the expiration or earlier termination of this Agreement, Provider shall, at Provider's expense, remove all of its tangible property comprising the System from the Premises on a mutually convenient date but in no case later than ninety (90) days after the Termination Date. The Premises shall be returned to its original condition, except for System mounting pads or other support structures on roof-mounted systems only, and ordinary wear and tear. If the System is to be located on a roof, then in no case shall Provider's removal of the System affect the integrity of Purchaser's roof, which shall be as leak proof as it was prior to removal of System (other than ordinary wear and tear). For purposes of Provider's removal of the System, Purchaser's covenants pursuant to Section 7.2 shall remain in effect until the date of actual removal of the System. Provider shall leave the Premises in neat and clean order. If Provider fails to remove or commence substantial efforts to remove the System by such agreed upon date, Purchaser shall have the right, at its option, to remove the System to a public warehouse and restore the Premises to its original condition Page 6 of26 (other than System mounting pads or other support structures and ordinary wear and tear) at Provider's reasonable cost. 2.5 Conditions Prior to the Commercial Operation Date.(a)In the event that any of the following events or circumstances occur prior to the Commercial Operation Date, Provider may (at its sole discretion) provide Notice that it is terminating this Agreement, in which case neither Party shall have any liability to the other except for any such liabilities that may have accrued prior to such termination, including but not limited to Provider's restoration of the Premises in accordance with Section 2.4: (i)Provider determines that the Premises, as is, is insufficient to accommodate the System or unsuitable for construction or operation of the System. (ii)There exist site conditions (including environmental conditions) or construction requirements that were not known as of the Effective Date and that could reasonably be expected to materially increase the cost of Installation Work or would adversely affect the electricity production from the System as designed. (iii)There is a material adverse change in the regulatory environment, incentive program or federal or state tax code (including the expiration of any incentive program or tax incentives in effect as of the Effective Date) that could reasonably be expected to adversely affect the economics of the installation for Provider and its investors. (iv)Provider is unable to obtain financing for the System on terms and conditions satisfactory to it. (v)Provider has not received: (1) a fully executed a license in the form substantially similar to Exhibit A of these General Conditions from the owner of the Premises (if the Purchaser is a tenant), (2) a release or acknowledgement from any mortgagee of the Premise, if required by Provider's Financing Party, to establish the priority of its security interest in the System, and (3) such other documentation as may be reasonably requested by Provider to evidence Purchaser's ability to meet its obligations under Section 7.2(d)(ii) to ensure that Provider will have access to the Premises throughout the Tenn. (vi)There has been a material adverse change in the rights of Purchaser to occupy the Premises or Provider to construct the System on the Premises. (vii)Purchaser has determined that there are easements, CCRs or other land use restrictions, liens or encumbrances that would materially impair or prevent the installation, operation, maintenance, or removal of the System. (viii)There has been a material adverse change in Purchaser's credit-worthiness. (b)If any of the conditions set forth in Section 2.5(a) are partly or wholly unsatisfied, and Provider wishes to revise the information in the Special Conditions, then Provider may propose modifications to the Special Conditions for acceptance by Purchaser. If Purchaser does not accept such modified Special Conditions, Provider may terminate this Agreement as provided in Section 2.5(a) and shall restore the Premises in accordance with Section 2.4. If Purchaser accepts such revised Special Conditions, such revised Special Conditions shall be deemed an amendment of this Agreement, and this Agreement shall remain in force and effect upon execution by both Parties. 2.6 Co-Located Systems. With respect to any Systems that are co-located at the same Premises and connected to the same meter, the Parties acknowledge that the Systems are intended to be owned and operated as one integrated system, and that the Energy Services Payment (a) represents the added value of integrating the Systems to enable Provider's delivery of the Energy Services pursuant to the Agreements when needed by Purchaser, and (b) is a component part of the total consideration payable to Provider in exchange for Provider's comprehensive duties under this Agreement and the Agreement(s) related to the other co-located System(s). Accordingly, the Parties further agree (x)to treat the Systems as one integrated system for all purposes, and (y) that any right or option that is exercised with respect to the System or this Agreement, whether in respect of early termination, purchase option or otherwise, shall also be exercised with respect to the Agreement(s) related to the other co-located System(s). Page 7 of 26 3. ST ALLA TIO AND TESTING OF SYSTEM. 3.1 Installation Work. Provider will cause the System (by using one or more qualified contractors holding the appropriate licenses required in the jurisdiction where the System will be installed) to be designed, engineered, installed and constructed substantially in accordance with Schedule I of the Special Conditions and Applicable Law. Purchaser shall have the right to review all construction plans and designs, including engineering evaluations of the impact of the System. Provider shall perform the Installation Work at the Premises between the hours of 7:00 a.m. and 7:00 p.m. in a manner that minimizes inconvenience to and interference with the use of the Premises to the extent commercially practical. 3.2 Approvals; Permits. Purchaser shall assist Provider in obtaining all necessary consents, approvals and permits required to perform Purchaser's obligations under this Agreement, including but not limited to those related to the Local Electric Utility, any Governmental Approval, and any consents, waivers, approvals or releases required pursuant to any applicable contract or CCR. 3.3 System Acceptance Testing. (a)Provider shall conduct testing of the System in accordance with such methods, acts, guidelines, standards and criteria reasonably accepted or followed by providers of Energy Services within the nine county region defined by the Association of Bay Area Governments as the San Francisco Bay Area... Provider shall provide Purchaser with reasonable advanced Notice of such testing, . Provider shall permit Purchaser or Purchaser's representative to observe such testing. Purchaser's observation of such testing shall not be construed as or deemed an approval of such testing or test results. (b)If the results of such testing indicate that the System is capable of providing the Energy Services, using such instruments and meters as have been installed for such purposes, and the System has been approved for interconnected operation by the Local Electric Utility ("Commercial Operation"), then Provider shall send a written Notice to Purchaser to that effect, and the date of such Notice shall be the' Commercial Operation Date". 4. SYSTEM OPERATIONS. 4.1 Provider as Owner and Operator. The System will be owned by Provider or Provider's Financing Party and will be operated and maintained and, as necessary, repaired by Provider at its sole cost and expense; provided, any repair or maintenance costs incurred by Provider as a result of Purchaser's negligence or breach of its obligations hereunder shall be reimbursed by Purchaser. 4.2 Metering. Provider shall install and maintain a utility grade kilowatt-hour (kWh) meter for the measurement of electrical energy provided by the System and may, at its election, install a utility grade kilowatt-hour (kWh) meter for the measurement of electrical energy delivered by the Local Electric Utility and consumed at the Premises. Such meter(s) shall meet the general commercial standards of the solar photovoltaic industry or the required standards of the Local Electric Utility. 4.2.1 Meter Testing. (a)Provider shall provide certificates of calibration for all meters prior to the time of their installation, no meter will be placed in service for which Provider has not provided certificates of calibration. Provider shall test or arrange for all meters to be tested in accordance with the meter manufacturer's recommendations. Provider shall bear all costs and expenses associated with each meter testing. Purchaser shall be notified at least ten (10) days in advance of such testing and shall have the right to be present during such tests. Provider shall provide Purchaser with detailed written results of all meter tests. (b)Provider shall test or arrange for meter inspection and testing bi-annually when performing System operations and maintenance. 4.2.2 Cost of Meter Repair. Page 8 of26 ( a)If meter testing, as described above demonstrates that a meter was operating outside of its allowable calibrations (+/-2%), then Provider will pay for the cost of repairs or replacement necessary to restore a meter to proper working order. (b)Ifa meter is found to be inaccurate by more than two percent (2%), invoices for the prior six (6) months or from the last date such meter was registering accurately, whichever period is less, shall be adjusted to reconcile the discrepancy and payment for the amount of the adjustment issued by the appropriate party within 45 days, except that Purchaser shall not be obligated to pay interest on any amount found to be due because a meter was operating outside of its allowable calibration(+/-2%). 4.2.3 Meter Data. Provider shall gather and maintain the data from all meters, including but not limited to, interval data registered at least once every fifteen (15) minutes ("Meter Data'), and shall make such Meter Data promptly available to Purchaser at Purchaser's request. 4.3 System Disruptions. In the event that (a) the owner or lessee of the Premises repairs the Premises for any reason not directly related to damage caused by the System, and such repair requires the partial or complete temporary disassembly or movement of the System, or (b) any act or omission of Purchaser or Purchaser's employees, Affiliates, agents or subcontractors (collectively, a 'Purchaser Act") results in a disruption or outage in System production, then, in either case, Purchaser shall (i) pay Provider for all work required by Provider to disassemble or move the System and (ii) continue to make all payments for the Energy Services during such period of System disruption (the "Disruption Period"), and (iii) reimburse Provider for any other lost revenue during the Disruption Period, including any lost revenue associated with any reduced sales of Environmental Attributes and any reduced System-based Incentives, if applicable, during the Disruption Period. For the purpose of calculating Energy Services Payments and lost revenue for such Disruption Period, Energy Services for each month of said months shall be deemed to have been produced at the average rate over the same month for which data exists (or, if the disruption occurs within the first twelve (12) months of operation, the average over such period of operation). Notwithstanding the foregoing, Purchaser shall be entitled to exercise its rights under Section 9 (Allowed Disruption Time) of the Special Conditions. 5.TITLE TO SYSTEM. 5.1 Throughout the duration of this Agreement, Provider or Provider's Financing Party shall be the legal and beneficial owner of the System at all times, and the System shall remain the personal property of Provider or Provider's Financing Party and shall not attach to or be deemed a part of, or fixture to, the Premises. The System shall at all times retain the legal status of personal property as defined under Article 9 of the Uniform Commercial Code. Purchaser covenants that it will use reasonable commercial efforts to place all parties having an interest in or lien upon the real property comprising the Premises on Notice of the ownership of the System and the legal status or classification of the System as personal property. Ifthere is any mortgage or fixture filing against the Premises which could reasonably be construed as attaching to the System as a fixture of the Premises, Purchaser shall provide, at Provider's request, a disclaimer or release from such lien holder. If Purchaser is the fee owner of the Premises, Purchaser consents to the filing by Provider, on behalf of Purchaser, of a disclaimer of the System as a fixture of the Premises in the office where real estate records are customarily filed in the jurisdiction of the Premises. If Purchaser is not the fe e owner, Purchaser will, at Provider's request, use commercially reasonable efforts to obtain such consent from such owner. 5.2 Environmental Attributes And System-Based Incentives. Purchaser's purchase of Energy Services includes Environmental Attributes, but does not include System-based incentives. System-based Incentives shall be owned by Provider or Provider's financing party for the duration of the System's operating life. Purchaser disclaims any right to System-based Incentives based upon the installation of the System at the Premises, and shall, at the request of Provider, execute any document or agreement reasonably necessary to fulfill the intent of this Section 5.2. 6.PRICE AND PAYMENT. 6.1 Consideration. Purchaser shall pay to Provider a monthly Energy Services Payment for the Energy Services provided during each calendar month of the Term as set forth in the Special Conditions. Page 9 of26 6.2 Invoice. Provider shall invoice Purchaser on or about the first day of each month (each, an "Invoice Date"), commencing on the first Invoice Date to occur after the Commercial Operation Date, for the Energy Services Payment in respect of the immediately preceding month. The last invoice shall include Energy Services provided only through the Termination Date of this Agreement. Invoices shall state, at a minimum, (i) the amount of actual electricity produced by the System and delivered to the delivery point during the invoice period (if applicable), (ii) the rates applicable to, and any charges incurred by, Purchaser under this Agreement, and (iii) the total amount due from Purchaser. 6.3 Time of Payment. Purchaser shall pay all undisputed amounts due hereunder within thirty (30) days after Purchaser's receipt of an invoice from Provider. 6.4 Method of Payment. Purchaser shall make all payments under this Agreement either (a) by electronic funds transfer in immediately available funds to the account designated by Provider from time to time or (b)by check timely delivered to the location designated by Provider from time to time. All payments that are not paid when due shall bear interest accruing from the date becoming past due until paid in full at a rate equal to the Stated Rate. 6.5 Disputed Payments. Ifa bona fide dispute arises with respect to any invoice, Purchaser shall not be deemed in default under this Agreement and the Parties shall not suspend the performance of their respective obligations hereunder, including payment ofundisputed amounts owed hereunder. If an amount disputed by Purchaser is subsequently deemed to have been due pursuant to the applicable invoice, interest shall accrue at the Stated Rate on such amount from the date becoming past due under such invoice until the date paid. 7.GENERAL COVENANTS. 7.1 Provider's Covenants. Provider covenants and agrees to the following: (a)otice of Damage or Emergency. Provider shall (x) promptly notify Purchaser ifit becomes aware of any damage to or loss of the use of the System or that could reasonably be expected to adversely affect the System, (y)immediately notify Purchaser if it becomes aware of any event or circumstance relating to the System or the Premises that poses a significant risk to human health, the environment, the System or the Premises. In the event of unreasonable damage to the Premises caused by, or as the result of, the System, Provider shall, at its sole cost, repair said Premises to the condition existing prior to such damage. (b)Governmental Approvals. While providing the Installation Work, Energy Services, and SystemOperations, Provider shall obtain and maintain and secure all Governmental Approvals required to be obtained and maintained and secured by Provider and to enable Provider to perform such obligations. (c)Health and Safety. Provider shall take all necessary and reasonable safety precautions with respect to providing the Installation Work, Energy Services, and System Operations that shall comply with all Applicable Laws pertaining to the health and safety of persons and real and personal property. All work shall be performed by licensed professionals, as may be required by Applicable Law, and in accordance with such methods, acts, guidelines, standards and criteria reasonably accepted or followed by a majority of System integrators in the United States. (d)Liens. Other than a Financing Party's security interest in or ownership of the System, Provider shall not directly or indirectly cause, create, incur, assume or suffer to exist any mortgage, pledge, lien (including mechanics', labor or materialman 's lien), charge, security interest, encumbrance or claim of any nature {"Liens") on or with respect to the Premises or any interest therein, in each case to the extent such Lien arises from or is related to Provider's performance or non-performance of its obligations hereunder. If Provider breaches its obligations under this Section, it shall (i) immediately notify Purchaser in writing, (ii) promptly cause such Lien to be discharged and released ofrecord without cost to Purchaser, and (iii) defend and indemnify Purchaser against all costs and expenses (including reasonable attorneys' fees and court costs at trial and on appeal) incurred in discharging and releasing such Lien; provided, Provider shall have the right to contest any such Lien, so long as it provides a statutory bond or other reasonable assurances of payment that either remove such Lien from title to the Premises or that assure that any adverse judgment with respect to such Lien will be paid without affecting title to the Premises. Page 10 of26 (e)System Condition. Provider shall take all actions reasonably necessary, including but not limited to repair and maintenance, to ensure that the System is capable of operating at a commercially reasonable continuous rate throughout the Term. (f)Environmental Indemnification by Provider. Provider shall indemnify, hold harmless and defend Purchaser Indemnified Parties from and against all claims, pay costs and expenses, and conduct all actions required under Environmental Laws in connection with the deposit, release, or spill of any Hazardous Materials at, on, above, below or near the Premises by Provider. In no event shall Provider be responsible for the existence of any Hazardous Materials at the Premises prior to the Effective Date. Provider shall promptly notify Purchaser if it becomes aware of any Hazardous Materials, or any deposit, spill, or release of any Hazardous Materials at, on, above, below or near the Premises. (g)Production Data. Provider shall provide Purchaser with access to System production data in electronic format, such as tabular Excel or csv with each production unit in a separate cell. Production data could be delivered monthly or by granting Purchaser access to a web portal. 7.2 Purchaser's Covenants. Purchaser covenants and agrees as follows: (a)otice of Damage or Emergency. Purchaser shall (i) notify Provider within two business days if it becomes aware of any damage to or loss of the use of the System or that could reasonably be expected to adversely affect the System, (ii) exercise good faith efforts to notify Provider immediately, and in any event, within four (4) hours of becoming aware of any event or circumstance that poses an imminent risk to human health, the environment, the System or the Premises. In the event of damage to Purchaser's premises caused by, or as the result of, the System, Provider shall, at its sole cost, repair said premises to the condition existing prior to such damage. (b)Liens. Purchaser shall not directly or indirectly cause, create, incur, assume or suffer to exist any Liens on or with respect to the System or any interest therein. If Purchaser breaches its obligations under this Section, it shall immediately notify Provider in writing, shall promptly cause such Lien to be discharged and released ofrecord without cost to Provider, and shall indemnify Provider against all costs and expenses (including reasonable attorneys' fees and court costs at trial and on appeal) incurred in discharging and releasing such Lien. (c)Consents and Approvals. To the extent that only Purchaser is authorized to request, obtain or issueany necessary approvals, Governmental Approvals, rebates or other financial incentives, Purchaser shall cooperate with Provider to obtain or issue such approvals, Governmental Approvals, rebates or other financial incentives in the name of Provider. Purchaser shall provide to Provider copies of all Governmental Approvals and CCRs applicable to the Premises, other than those obtained by Provider or to which Provider is a party. ( d)Access to Premises, Grant of License. (i)Purchaser hereby grants to Provider a revocable non-exclusive license coterminous with the Term containing all the rights necessary for Provider to use and occupy portions of the Premises for the installation, operation, maintenance and removal of the System pursuant to the terms of this Agreement, including ingress and egress rights to the Premises for Provider and its employees, contractors and subcontractors and access to electrical panels and conduits to interconnect or disconnect the System with the Premises' electrical wiring; provided, with respect to Provider's access to the Site, such license shall be subject to conditions or limitations for the protection of minors that are imposed generally on commercial contractors by Purchaser or by Applicable Law. If Provider's financing structure requires that Purchaser enter into a license agreement directly with Financing Party, Provider shall enter into such an agreement which shall be in a form set forth by Provider and which contain substantially the same rights as set forth in this Section 7.2(d). (ii)Regardless of whether Purchaser is owner of the Premises or leases the Premises from a landlord, Purchaser hereby covenants that (x) Provider shall have access to the Premises and System during the Term of this Agreement and for so long as needed after termination to remove the System pursuant to the applicable provisions herein, and (y) neither Purchaser nor Purchaser's landlord will interfere or handle any Provider equipment or the Page 11 of26 System without written authorization from Provider; provided, Purchaser and Purchaser's landlord shall at all times have access to and the right to observe the Installation Work or System removal. (iii)If Purchaser is a lessee of the Premises, Purchaser further covenants that it shall deliver to Provider,a license from Purchaser's landlord in substantially the form attached hereto as Exhibit A of these General Conditions. (e)Temporary storage space during installation or removal. Purchaser shall use commerciallyreasonable efforts to provide for sufficient space at the Premises for the temporary storage and staging of tools, materials and equipment and for the parking of construction crew vehicles and temporary construction trailers and facilities reasonably necessary during the Installation Work, System Operations or System removal, and access for rigging and material handling. Subject to Purchaser's indemnity obligations set forth herein, Purchaser shall have no liability whatsoever in connection with personal property or equipment of Provider or Provider's employees, consultants, contractors, subcontractors, and vendors. Provider shall be solely responsible for the safety and security of Provider's employees, consultants, contractors, subcontractors, and vendors, as well as any personal property, including but not limited to, any tools, materials, and equipment of such parties used or stored on the Premises. (f)Environmental Documents. On or before the Effective Date of each Special Conditions Purchasershall identify and set forth in each Special Conditions and unless previously delivered, Purchaser shall, to the extent the same are known and in the possession or control of Purchaser, deliver to Provider copies of all reports, agreements, plans, inspections, tests, studies or other materials concerning the presence of Hazardous Materials at, from or on the Premises including, but not limited to, soil reports, design drawings, environmental reports, sampling results or other documents relating to Hazardous Materials that have been identified or may be present on, in or under the Premises (collectively, the "Environmental Documents"). Thereafter, Purchaser agrees to provide copies of any new Environmental Documents within ten (10) days of receipt of same. Purchaser hereby agrees to furnish such other documents in Purchaser's possession or control with respect to Governmental Approvals compliance with Environmental Law or Hazardous Materials with respect to the Premises as may be reasonably requested by Provider from time to time. (g)Compliance with Environmental Laws. Notwithstanding anything to the contrary in thisAgreement, Purchaser shall operate and maintain the Premises to comply with the requirements of all applicable Environmental Laws that limit or govern the conditions or uses of the Premises, without impairin g or interfering with Provider's construction, operation and ownership of the System or occupancy of the Premises. In no event shall Provider have any liability or obligation with respect to any Pre-existing Environmental Condition on, in or under the Premises, or operations or maintenance of the Premises required to comply with Environmental Laws with respect to Pre-Existing Environmental Conditions. (h)Environmental Indemnification by Purchaser. Purchaser shall indemnify, hold harmless and defendProvider from and against all claims, pay costs and expenses, and conduct all actions required under Environmental Laws in connection with ( i) the existence at, on, above, below or near the Premises of any Pre-existing Environmental Conditions, and (ii) any Hazardous Materials released, spilled or deposited at, on above or below the Premises by the Purchaser. Purchaser shall promptly notify Provider if it becomes aware of any Hazardous Materials, or any deposit, spill, or release of any Hazardous Materials at, on, above, below or near the Premises. 8.REPRESENTATIONS & WARRANTIES.8.1 Representations and Warranties of Both Parties. In addition to any other representations and warranties contained in this Agreement, each Party represents and warrants to the other as of the Effective Date that: (a)it is duly organized and validly existing and in good standing in the jurisdiction of its organization;(b)it has the full right and authority to enter into, execute, deliver, and perform its obligations underthis Agreement; (c)it has taken all requisite corporate or other action to approve the execution, delivery, andperformance of the Agreement; Page 12 of26 (d)this Agreement constitutes its legal, valid and binding obligation enforceable against such Party inaccordance with its terms, except as may be limited by applicable bankruptcy and other similar laws now or hereafter in effect; (e)there is no litigation, action, proceeding or investigation pending or, to the best of its knowledge,threatened before any court or other Governmental Authority by, against, affecting or involving any of its business or assets that could reasonably be expected to adversely affect its ability to carry out the transactions contemplated herein; (f)its execution and performance of this Agreement and the transactions contemplated hereby do notand will not constitute a breach of any term or provision of, or a default under, (i) any contract, agreement or Governmental Approval to which it or any of its Affiliates is a party or by which it or any of its Affiliates or its or their property is bound, (ii) its organizational documents, or (iii) any Applicable Laws; and (g)its execution and performance of this Agreement and the transactions contemplated hereby do notand will not require any consent from a third party, including any Governmental Approvals from any Governmental Authority, that are not identified in the Special Conditions. 8.2 Representations of Purchaser. Purchaser represents and warrants to Provider as of the Effective Date that: (a)Purchaser acknowledges that it has been advised that part of the collateral securing the financialarrangements for the System may be the granting of a first priority perfected security interest (the "Security Interest') in the System to a Financing Party; (b)To Purchaser's knowledge, the granting of the Security Interest will not violate any term orcondition of any covenant, restriction, lien, financing agreement, or security agreement affecting the Premises; (c)Purchaser is aware ofno existing lease, mortgage, security interest or other interest in or lien uponthe Premises that could attach to the System as an interest adverse to Provider's Financing Party's Security Interest therein; (d)To Purchaser's knowledge, there exists no event or condition which constitutes a default, or would,with the giving of Notice or lapse of time, constitute a default under this Agreement; (e)To Purchaser's knowledge, Purchaser has identified and disclosed to Provider in the SpecialConditions (i) all Environmental Documents in Purchaser's possession or control, (ii) all CCRs, Governmental Approvals or other restrictions imposed under Applicable Laws with respect to the use of the Premises that could affect the construction and operation of the System within Purchaser's possession or control, and (iii) all environmental reports, studies, data or other information relating to the use of the Premises by Provider within the Purchaser's possession or control; (f)To Purchaser's knowledge, the Premises is in compliance with Environmental Laws, and thatPurchaser holds and is in compliance with all Governmental Approvals required for the ownership and any current operations or activities conducted at the Premises; and (g)Purchaser has identified in the Special Conditions and delivered to Provider all material reports andinformation concerning the presence or release of Hazardous Materials on, in or under the Premises in Purchaser's possession or control. Any Financing Party shall be an intended third-party beneficiary of this Section 8.2. 8.3 EXCLUSION OF WARRANTIES. EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY SET FORTH HEREIN, THE INSTALLATION WORK, SYSTEM OPERATIONS, AND ENERGY SERVICES PROVIDED BY PROVIDER TO PURCHASER PURSUANT TO THIS AGREEMENT SHALL BE "AS-IS WHERE-IS." NO OTHER WARRANTY TO PURCHASER OR ANY OTHER PERSON, WHETHER EXPRESS, Page 13 of26 IMPLIED OR STATUTORY, IS MADE AS TO THE INSTALLATION, DESIGN, DESCRIPTION, QUALITY, MERCHANT ABILITY, COMPLETENESS, USEFUL LIFE, FUTURE ECONOMIC VIABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE SYSTEM, THE ENERGY SERVICES OR ANY OTHER SERVICE PROVIDED HEREUNDER OR DESCRIBED HEREIN, OR AS TO ANY OTHER MATTER, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY PROVIDER. 9.TAXES AND GOVERNMENTAL FEES.9.1 Purchaser Obligations. Purchaser shall reimburse and pay for any documented taxes, fees or charges imposed or authorized by any Governmental Authority and paid by Provider due to Provider's sale of the Energy Services to Purchaser (other than income taxes imposed upon Provider). Provider shall notify Purchaser in writing with a detailed statement of such amounts, which shall be invoiced by Provider and payable by Purchaser. Purchaser shall timely report, make filings for, and pay any and all sales, use, income, gross receipts or other taxes, and any and all franchise fe es or similar fe es assessed against it due to its purchase of the Energy Services. This Section 9.1 excludes taxes specified in Section 9.2. 9.2 Provider Obligations. Subject to Section 9.1 above, Provider shall be responsible for all income, gross receipts, ad valorem, personal property or real property or other similar taxes and any and all franchise fees or similar fees assessed against it due to its ownership of the System. 10.FORCE MAJEURE.l 0.1 Defin ition. "Force Majeure Event'' means any act or event that prevents the affected Party from performing its obligations in accordance with this Agreement, if such act or event is beyond the reasonable control, and not the result of the fault or negligence, of the affected Party and such Party had been unable to overcome such act or event with the exercise of due diligence (including the expenditure ofreasonable sums). Subject to the foregoing conditions, "Force Majeure Event" shall include without limitation the following acts or events: (i) natural phenomena, such as storms, hurricanes, floods, lightning, volcanic eruptions and earthquakes; (ii) explosions or fires arising from lightning or other causes unrelated to the acts or omissions of the Party seeking to be excused from performance; (iii) acts of war or public disorders, civil disturbances, riots, insurrection, sabotage, epidemic, terrorist acts, or rebellion; (iv) strikes or labor disputes ( except strikes or labor disputes caused solely by employees of Provider or as a result of such party's failure to comply with a collective bargaining agreement); and (v) action or inaction by a Governmental Authority (unless Purchaser is a Governmental Authority and Purchaser is the Party whose performance is affected by such action nor inaction). A Force Majeure Event shall not be based on the economic hardship of either Party, or upon the expiration of any lease of the Premises by the Purchaser from the owner of the Premises. 10.2 Excused Performance. Except as otherwise specifically provided in this Agreement, neither Party shall be considered in breach of this Agreement or liable for any delay or failure to comply with this Agreement (other than the failure to pay amounts due hereunder), if and to the extent that such delay or failure is attributable to the occurrence of a Force Majeure Event; provided, the Party claiming relief under this Article 10 shall as soon as practicable after becoming aware of the circumstances constituting Force Majeure (i) notify the other Party in writing of the existence of the Force Majeure Event, (ii) exercise all reasonable efforts necessary to minimize delay caused by such Force Majeure Event, (iii) notify the other Party in writing of the cessation or termination of said Force Majeure Event and (iv) resume performance of its obligations hereunder as soon as practicable thereafter; provided, Purchaser shall not be excused from making any payments and paying any unpaid amounts due in respect of Energy Services delivered to Purchaser prior to the Force Majeure Event performance interruption. Subject to Section 10.3 below, the Parties agree that to the extent permitted by Applicable Law, the Term of this Agreement shall extend on a day for day basis for every day in which the occurrence of a Force Majeure Event has affected either Party's performance of its obligations hereunder. 10.3 Termination in Consequence of Force Majeure Event. Ifa Force Majeure Event shall have occurred that has affected Provider's performance of its obligations hereunder and that has continued for a continuous period ofone hundred eighty (180) days, then either Party shall be entitled to terminate this Agreement upon ninety (90) days' prior written Notice to the other Party. If at the end of such ninety (90) day period such Force Majeure Event shall still continue, this Agreement shall automatically terminate. Upon such termination for a Force Majeure Event, Page 14 of26 neither Party shall have any liability to the other (other than any such liabilities that have accrued prior to such termination, including but not limited to Provider's obligations to remove the System and restore the Premises as set forth herein), and Purchaser shall have no obligation to pay the Early Termination Fee. 11.DEFAULT. ]I.I (a) Default"): Provider Defaults and Purchaser Remedies. Provider Defaults. The following events shall be defaults with respect to Provider (each, a "Provider (i)A Bankruptcy Event shall have occurred with respect to Provider; (ii)Provider fails to pay Purchaser any undisputed amount owed under the Agreement within thirty (30) days from receipt of Notice from Purchaser of such past due amount; and (iii)Provider breaches any material representation, covenant or other term of this Agreement and (A) if such breach can be cured within thirty (30) days after Purchaser's written Notice of such breach and Provider fails to so cure, or (8) Provider fails to commence and pursue a cure within such thirty (30) day period if a longer cure period is needed. (b)Purchaser's Remedies. If a Provider Default described in Section 11.l (a) has occurred and is continuing, in addition to other remedies expressly provided herein, and subject to Article 12, Purchaser may terminate this Agreement with no penalty or liability whatsoever, including but not limited to the Early Termination Fee, and exercise any other remedy it may have at law or equity or under this Agreement. 11.2 Purchaser Defaults and Provider's Remedies. (a)Purchaser Default. The following events shall be defaults with respect to Purchaser (each, a "Purchaser Default"): (i)A Bankruptcy Event shall have occurred with respect to Purchaser; (ii)Purchaser breaches any material representation, covenant or other term of this Agreement if (A) such breach can be cured within thirty (30) days after Provider's Notice of such breach and Purchaser fails to so cure, or (B) Purchaser fails to commence and pursue said cure within such thirty (30) day period if a longer cure period is needed, such longer cure period not to exceed ninety (90) days; and (iii)Purchaser fails to pay Provider any undisputed amount due Provider under this Agreement within thirty (30) days from receipt of Notice from Provider of such past due amount. (b)Provider's Remedies. If a Purchaser Default described in Section 11.2(a) has occurred and is continuing, in addition to other remedies expressly provided herein, and subject to Article 12, Provider may terminate this Agreement and upon such termination, (A) Provider shall be entitled to receive from Purchaser the Early Termination Fee set forth on Schedule 3, Column 1 of the Special Conditions, and (B) Provider may exercise any other remedy it may have at law or equity or under this Agreement. 11.3 Cross Default. With respect to any Systems that are co-located at the same Premises, if a Party defaults under this Agreement, it shall also be a default of such Party under the Agreement(s) related to the other co­ located System( s ); provided, a cure of the original default shall be a cure of any such cross default. In the event of a cross default, the non-defaulting Party shall be entitled to exercises its rights with respect to this Agreement and all such other Agreements, including terminating all such Agreements and, if Provider terminates one or more Agreements due to a Purchaser Default, Purchaser shall pay the Early Termination Fees for all such terminated Agreements. Page 15 of26 11.4 Removal of System. Upon any termination of this Agreement pursuant to this Article 11 and payment of the Early Termination Fee (ifapplicable), Provider will remove the System pursuant to Section 2.4 hereof. 12.LIMITATIONS OF LIABILITY. 12.1 Except as expressly provided herein, neither Party shall be liable to the other Party or its Indemnified Persons for any special, punitive, exemplary, indirect, or consequential damages, losses or damages for lost revenue or lost profits, whether foreseeable or not, arising out of, or in connection with this Agreement. 12.2 A Party's maximum liability to the other Party under this Agreement, shall be limited to the aggregate Estimated Remaining Payments as of the date of the events giving rise to such liability, provided, the limits of liability under this Section 12.2 shall not apply with respect to (i) indemnity obligations hereunder in respect of personal injury or environmental claims and (ii) any obligation of Purchaser to pay Energy Service Payments, the Early Termination Fee or the Option Price, (iii) any obligation of Provider to pay for Lost Savings in accordance with the Special Conditions and (iv) if applicable, any obligation of Provider to remove the System and restore the Premises in accordance with Section 2.4. 13.ASSIGNMENT.13.1 Assignment by Provider. Provider shall not sell, transfer or assign ( collectively, an "Assignment") the Agreement or any interest therein, without the prior written consent of Purchaser, which shall not be unreasonably withheld, conditioned or delayed; provided, Purchaser agrees that Provider may assign this Agreement or a security interest herein without the consent of the Purchaser to an Affiliate of Provider or any Financing Party for the System upon reasonable advance Notice. For avoidance of doubt, a consent to assign ment shall not be deemed to be unreasonably withheld, conditioned or delayed if within seven (7) business days of a request for consent, Purchaser notifies Provider of its objection, if any, to the proposed assignment on the basis that (a) a bona fide conflict exists between the Purchaser and proposed assignee or (b) the Purchaser has fewer than three (3) years of experience in the operation of photovoltaic energy generation systems similar to the System. In the event that Provider identifies a secured Financing Party in the Special Conditions, or in a subsequent Notice to Purchaser, then Purchaser shall comply with the provisions set forth in Exhibit B of these General Terms and Conditions and agrees to provide such estoppels, acknowledgments and opinions of counsel as Provider may reasonably request from time to time. Any Financing Party shall be an intended third-party beneficiary of this Section 13 .1. Any Assign ment by Provider without obtaining the prior written consent and release of Purchaser, when such consent is required by this Section 13.1, shall not release Provider of its obligations hereunder. 13.2 Acknowledgment of Collateral Assignment. In the event that Provider identifies a secured Financing Party in the Special Conditions, or in a subsequent Notice to Purchaser, then Purchaser hereby acknowledges: (a)The collateral assignment by Provider to the Financing Party, of Provider's right, title and interest in, to and under this Agreement, as consented to under Section 13.1 of this Agreement. (b)That the Financing Party as such collateral assignee shall be entitled to exercise any and all rights of lenders generally with respect to Provider's interests in this Agreement. (c)That it has been advised that Provider has granted a first priority perfected security interest in the System to the Financing Party and that the Financing Party has relied upon the characterization of the System as personal property, as agreed in this Agreement in accepting such security interest as collateral for its financing of the System. Any Financing Party shall be an intended third-party beneficiary of this Section 13.2. 13.3 AssigTiment by Purchaser. Purchaser shall not assign this Agreement or any interest therein, without Provider's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Any Page 16 of26 Assignment by Purchaser without the prior written consent of Provider shall not release Purchaser of its obligations hereunder. 14.NOTICES. 14.1 Notice Addresses. Unless otherwise provided in this Agreement, all Notices and communications concerning this Agreement shall be in writing and addressed to the other Party (or Financing Party, as the case may be) at the addresses set forth in the Special Conditions, or at such other address as may be designated in writing to the other Party from time to time. 14.2 Notice. Unless otherwise provided herein, any Notice provided for in this Agreement shall be hand delivered, sent by registered or certified U.S. Mail, postage prepaid, or by commercial overnight delivery service, and shall be deemed delivered to the addressee or its office when received at the address for Notice specified above when hand delivered, upon confirmation of sending when sent by facsimile (if sent during normal business hours or the next Business Day if sent at any other time), on the Business Day after being sent when sent by overnight delivery service (Saturdays, Sundays and legal holidays excluded), or five (5) Business Days after deposit in the mail when sent by U.S. mail. 14.3 Address for Invoices. All invoices under this Agreement shall be sent to the address provided by Purchaser. Invoices shall be sent by regular first class mail postage prepaid. 15.CONFIDENTIALITY. 15.1 Confidentiality Obligation. If either Party provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copyrighted or trademarked information, and/or technical information regarding the financing, design, operation and maintenance of the System or of Purchaser's business ("Confidential In formation") to the other or, if in the course of performing under this Agreement or negotiating this Agreement a Party learns Confidential Information regarding the facilities or plans of the other, the receiving Party shall (a) protect the Confidential Information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of this Agreement. Notwithstanding the above, a Party may provide such Confidential Information to its officers, directors, members, managers, employees, agents, contractors, consultants, Affiliates, lenders (existing or potential), investors (existing or potential) and potential third-party assignees of this Agreement or third-party acquirers of Provider or its Affiliates (provided and on condition that such potential third-party assignees be bound by a written agreement restricting use and disclosure of Confidential Information) (collectively, "Representatives"), in each case whose access is reasonably necessary. Each such recipient of Confidential Information shall be informed by the Party disclosing Confidential Information of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. In any event, each Party shall be liable (with respect to the other Party) for any breach of this provision by any entity to whom that Party improperly discloses Confidential Information. The terms of this Agreement (but not its execution or existence) shall be considered Confidential Information for purposes of this Article, except as set forth in Section 15.3. All Confidential Information shall remain the property of the disclosing Party and shall be returned to the disclosing Party or destroyed after the receiving Party's need for it has expired or upon the request of the disclosing Party. 15.2 Permitted Disclosures. Notwithstanding any other provision herein, neither Party shall be required to hold confidential any information that: (a)Becomes publicly available other than through the receiving Party; (b)Is required to be disclosed by a Governmental Authority, under Applicable Law, including but not limited to the California Public Records Act, or pursuant to a validly issued subpoena or required filing, but a receiving Party subject to any such requirement shall promptly notify the disclosing Party of such requirement; (c)Is independently developed by the receiving Party; or Page 17 of26 (d)Becomes available to the receiving Party without restriction from a third party under no obligationof confidentiality. 15.3 Goodwill and Publicity. Neither Party shall use the name, trade name, service mark, or trademark of the other Party in any promotional or advertising material without the prior written consent of such other Party. The Parties shall coordinate and cooperate with each other when making public announcements related to the execution and existence of this Agreement, and each Party shall have the right to promptly review, comment upon, and approve any publicity materials, press releases, or other public statements by the other Party that refer to, or that describe any aspect of, this Agreement; provided, no such publicity releases or other public statements (except for filings or other statements or releases as may be required by Applicable Law) shall be made by either Party without the prior written consent of the other Party. At no time will either Party acquire any rights whatsoever to any trademark, trade name, service mark, logo or other intellectual property right belonging to the other Party. Notwithstanding the foregoing, Purchaser agrees that Provider may, at its sole discretion, take photographs of the installation process of the System and/or the completed System, and Provider shall be permitted to use such images (regardless of media) in its marketing efforts, including but not limited to use in brochures, advertisements, websites and news outlet or press release articles. The images shall not include any identifying information without Purchaser permission and the installation site shall not be disclosed beyond the type of establishment (such as "Retail Store," "Distribution Center," or such other general terms), the city and state. 15.4 Enforcement of Confidentiality Obligation. Each Party agrees that the disclosing Party would be irreparably injured by a breach of this Article 15 by the receiving Party or its Representatives or other Person to whom the receiving Party discloses Confidential Information of the disclosing Party and that the disclosing Party may be entitled to equitable relief, including injunctive relief and specific performance, in the event of any breach of the provisions of this Article 15. To the fullest extent permitted by Applicable Law, such remedies shall not be deemed to be the exclusive remedies for a breach of this Article 15, but shall be in addition to all other remedies available at law or in equity. 16.INDEMNITY.16.1 Provider s Indemnity. Subject to Article 12, Provider agrees that it shall indemnify and hold harmless Purchaser, its permitted successors and assigns and their respective directors, officers, members, shareholders and employees (collectively, the' Purchaser Indemnified Parties") from and against any and all Losses incurred by Purchaser Indemnified Parties to the extent arising from or out of the following: any claim for or arising out of any injury to or death of any Person or loss or damage to property of any Person to the extent arising out of Provider's negligence or willful misconduct. Provider shall not, however, be required to reimburse or indemnify any Purchaser Indemnified Party for any Loss to the extent such Loss is due to the negligence or willful misconduct of any Purchaser Indemnified Party. 16.2 Purchaser's Indemnity. Subject to Article 12 and to the extent permitted by Applicable Law, Purchaser agrees that it shall indemnify and hold harmless Provider, its permitted successors and assigns and their respective directors, officers, members, shareholders and employees ( collectively, the "Provider Indemnified Parties") from and against any and all Losses incurred by Provider Indemnified Parties to the extent arising from or out of any claim for or arising out of any injury to or death of any Person or loss or damage to property of any Person to the extent arising out of Purchaser's negligence or willful misconduct. Purchaser shall not, however, be required to reimburse or indemnify any Provider Indemnified Party for any Loss to the extent such Loss is due to the negligence or willful misconduct of any Provider Indemnified Party. 17.INSURANCE.17 .1 Generally. Purchaser and Provider shall each maintain the following insurance coverages in full force and effect throughout the Term either through insurance policies or acceptable self-insured retentions: (a) Workers' Compensation Insurance as may be from time to time required under applicable federal and state law, (b) Commercial General Liability Insurance with limits of not less than $2,000,000 general aggregate, $1,000,000 per occurrence, and (c) automobile insurance with commercially reasonable coverages and limits. Additionally, Provider Page 18 of26 shall carry adequate property loss insurance on the System which need not be covered by Purchaser's property coverage. The amount and terms of insurance coverage will be determined at Provider's sole discretion. 17 .2 Certificates of Insurance. Each Party, upon request, shall furnish current certificates evidencing that the insurance required under Section 17.1 is being maintained. Each Party's insurance policy provided hereunder shall contain a provision whereby the insured agrees to give the other Party thirty (30) days' written Notice before the insurance is cancelled or materially altered. 17.3 Additional Insureds. Each Party's insurance policy shall be written on an occurrence basis and shall include the other Party as an additional insured as its interest may appear. 17.4 Insurer Qualifications. All insurance maintained hereunder shall be maintained with companies either rated no less than A-as to Policy Holder's Rating in the current edition of Best's Insurance Guide (or with an association of companies each of the members of which are so rated) or having a parent company's debt to policyholder surplus ratio of l: l. 17.5 Additional Terms. Required insurance coverages shall not prohibit the Provider from waiving the right of subrogation prior to a loss. Provider shall waive all subrogation rights against the indemnified parties. Provider shall ensure that it carries adequate property loss insurance on the System, which need not be covered by Purchaser's property or other insurance coverage. Provider shall further ensure that any qualified contractor purchases and maintains insurance of the types and limits of liability, containing the endorsements, as would ordinarily and reasonably be expected by an experienced contractor undertaking the type of work contemplated by this Agreement with respect to the potential liability for loss or damage under this Agreement. Provider shall further ensure that any qualified contractor's insurance lists Purchaser as an additional insured. 18.MISCELLANEOUS. l 8.1 Integration; Exhibits. The Agreement, together with the Exhibits and Schedules attached thereto or incorporated by reference, constitute the entire agreement and understanding between Provider and Purchaser with respect to the subject matter thereof and supersedes all prior agreements relating to the subject matter hereof which are of no further force or effect. The Exhibits and Schedules attached to this Agreement, including these General Terms and Conditions as incorporated by reference, are integral parts of this Agreement and are an express part of this Agreement. In the event of a conflict between the provisions of these General Terms and Conditions and any applicable Special Conditions, the provisions of the Special Conditions shall prevail. 18.2 Amenclrnents. This Agreement may only be amended, modified or supplemented by an instrument in writing executed by duly authorized representatives of Provider and Purchaser. 18.3 Industry Standards. Except as otherwise set forth herein, for the purpose of this Agreement the normal standards of performance within the Energy Services industry in the relevant market shall be the measure of whether a Party's performance is reasonable and timely. Unless expressly defined herein, words having well-known technical or trade meanings shall be so construed. 18.4 Cumulative Remedies. Except as set forth to the contrary herein, any right or remedy of Provider or Purchaser shall be cumulative and without prejudice to any other right or remedy, whether contained herein or not. l 8.5 [Reserved). 18.6 Limited Effect of Waiver. The failure of Provider or Purchaser to enforce any of the provisions of this Agreement, or the waiver thereof, shall not be construed as a general waiver or relinquishment on its part of any such provision, in any other instance or of any other provision in any instance. 18.7 Survival. The obligations under Section 2.4 (Removal of System), Section 7.1 (Provider Covenants), Sections 7.2(d), (e), (f), (g) and (h) (Purchaser Covenants), Section 8.3 (Exclusion of Warranties), Article 9 (Taxes and Governmental Fees), Article 12 (Limitation of Liability), Article 14 (Notices), Article 15 Page 19 of26 (Confidentiality), Article 18 (Miscellaneous), all payment or indemnification obligations accrued prior to termination of this Agreement, or pursuant to other provisions of this Agreement that, by their sense and context, are intended to survive termination of this Agreement shall survive the expiration or termination of this Agreement for any reason. 18.8 Governing Law. This Agreement shall-be governed by and construed in accordance with the laws of the State of California without reference to any choice of law principles. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of Sonoma County in the State of California or in the United States District Court, Northern District of California, San Francisco/Oakland Division, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts. 18.9 Severabilily. If any term, covenant or condition in this Agreement shall, to any extent, be invalid or unenforceable in any respect under Applicable Law, the remainder of this Agreement shall not be affected thereby, and each term, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by Applicable Law and, if appropriate, such invalid or unenforceable provision shall be modified or replaced to give effect to the underlying intent of the Parties and to the intended economic benefits of the Parties. 18.10 Relation of the Parties. The relationship between Provider and Purchaser shall not be that of partners, agents, or joint ventures for one another, and nothing contained in this Agreement shall be deemed to constitute a partnership or agency agreement between them for any purposes, including federal income tax purposes. Provider and Purchaser, in performing any of their obligations hereunder, shall be independent contractors or independent parties and shall discharge their contractual obligations at their own risk. 18.11 Successors and Assigns. This Agreement and the rights and obligations under this Agreement shall be binding upon and shall inure to the benefit of Provider and Purchaser and their respective successors and permitted assigns. 18.12 Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall constitute one and the same instrument. 18.13 Electronic Delivery. This Agreement may be duly executed and delivered by a Party by execution and facsimile or electronic, "pdf' delivery of the signature page of a counterpart to the other Party. 18.14 Liquidated Damages Not Penalty. Purchaser acknowledges that the Early Termination Fee constitutes liquidated damages, and not penalties, in lieu of Provider's actual damages resulting from the early termination of this Agreement. Purchaser further acknowledges that Provider's actual damages may be impractical and difficult to accurately ascertain, and in accordance with Purchaser's rights and obligations under this Agreement, the Early Termination Fee constitutes fair and reasonable damages to be borne by Purchaser in lieu of Provider's actual damages. {Remainder of page intentionally left blank.{ Page 20 of26 These General Terms and Conditions are witnessed and acknowledged by Forefront Power and Purchaser below. Neither Forefront Power nor Purchaser shall have any obligations or liability resulting from its witnessing and acknowledging these General Terms and Conditions. "FOREFRONT POWER": FFP BTM SOLAR, LLC 'RubenronterBy: Ruben Fontes (J!Jn lll, 2024 �28 POT) Name: Ruben Fontes Title: President Date: 06/20/2024 "PURCHASER": CITY OF ROHNERT PARK By: Name: c.e.\"-�-e.d."C"'"O.. Title: Ci� Mo.1t,°"IO(!C Date: Page 21 of26 Exhibit A of General Terms and Conditions [PURCHASER'S LETTERHEAD] [Landlord's Address] Attn: Authorized Representative Re: Proposed Energy System Installation at [Address of Premises]. Lease dated [ ] between [PURCHASER] and [LAJ DLORD) (the 'Lease"} Dear Authorized Representative: As has been discussed with you, [PURCHASER] ("Purchaser") and [FFP Entity], LLC ("Provider") have entered into an Energy Services Agreement, pursuant to which Provider will install, finance, operate, and maintain a [solar photovoltaic] [battery storage] system at the above-referenced premises which [PURCHASER] leases from you pursuant to the Lease. By signing below and returning this letter to us, you confirm that: 1.The [solar photovoltaic] [battery storage] system and the renewable energy (including environmental credits and related attributes) produced by the system are personal property, and shall not be considered the property (personal or otherwise) of [LANDLORD] upon installation of the system at the premises. Landlord consents to the filing by Provider of a disclaimer of the System as a fixture of the Premises in the office where real estate records are customarily filed in the jurisdiction of the Premises. 2.Provider or its design ee (including finance providers) shall have the right without cost to access the premises in order to install, operate, inspect, maintain, and remove the [solar photovoltaic] [battery storage] system. [LANDLORD] will not charge Purchaser or Provider any rent for such right to access the premises. 3.[LANDLORD] has been advised that the finance providers for the [solar photovoltaic] [battery storage] system have a first priority perfected security interest in the system. Provider and the finance providers for the [solar photovoltaic] [battery storage] system (including any system lessor or other lender) are intended beneficiaries of [LANDLORD]'s agreements in this letter. 4.[LANDLORD] will not take any action inconsistent with the foregoing. We thank you for your consideration of this opportunity and we look forward to working with you m our environmental campaign to increase the utilization of clean, renewal energy resources. Acknowledged and agreed by: [LANDLORD] By: ________ _ Name: Title: Very truly yours, IPURCHASER] By: __________ _ Name: Title: Page 22 of26 Exhibit B of General Terms and Conditions Certain Agreements for the Benefit of the Financing Parties Purchaser acknowledges that Provider will be receiving financing accommodations from one or more Financing Parties and that Provider may sell or assign the System or this Agreement and/or may secure Provider's obligations by, among other collateral, a pledge or collateral assignment of this Agreement and a first security interest in the System. In order to facilitate such necessary sale, conveyance, or financing, and with respect to any such Financing Party, Purchaser agrees as follows: (a)Consent to Collateral Assignment. Purchaser consents to either the assignment, sale or conveyance to aFinancing Party or the collateral assignment by Provider to a Financing Party, of Provider's right, title and interest inand to this Agreement.(b)otices of Default. Purchaser will deliver to the Financing Party, concurrently with delivery thereof toProvider, a copy of each Notice of default given by Purchaser under this Agreement, inclusive of a reasonabledescription of Provider default. No such Noticewill be effective absent delivery to the Financing Party. Purchaserwill not mutually agree with Provider to cancel, modify or terminate this Agreement without the written consent ofthe Financing Party, however, this provision shall not be interpreted to limit any termination rights of either Party asset forth in the Agreement.(c)Rights Upon Event of Default. Notwithstanding any contrary term of this Agreement:i.The Financing Party shall be entitled to exercise, in the place and stead of Provider, any and all rightsand remedies of Provider under this Agreement in accordance with the terms of this Agreement and only in the event of Provider's or Purchaser's default. The Financing Party shall also be entitled to exercise all rights and remedies of secured parties generally with respect to this Agreement and the System. ii.The Financing Party shall have the right, but not the obligation, to pay all sums due under this Agreementand to perform any other act, duty or obligation required of Provider thereunder or cause to be cured any default of Provider thereunder in the time and manner provided by the terms of this Agreement. Nothing herein requires the Financing Party to cure any default of Provider under this Agreement or (unless the Financing Party has succeeded to Provider's interests under this Agreement) to perform any act, duty or obligation of Provider under this Agreement, but Purchaser hereby gives it the option to do so. iii.Upon the exercise ofremedies under its security interest in the System, including any sale thereof by theFinancing Party, whether by judicial proceeding or under any power of sale contained therein, or any conveyance from Provider to the Financing Party (or any assignee of the Financing Party) in lieu thereof, the Financing Party shall give Noticeto Purchaser of the transferee or assignee of this Agreement. Any such exercise of remedies shall not constitute a default under this Agreement. iv.Upon any default not reasonably susceptible to cure by a Finance Party, including, without limitation,rejection or other termination of this Agreement pursuant to any process undertaken with respect to Provider under the United States Bankruptcy Code, at the request of the Financing Party made within ninety (90) days of such default, Purchaser shall enter into a new agreement with the Financing Party or its design ee having the same terms and conditions as this Agreement. (d) Right to Cure. i.Purchaser will not exercise any right to terminate or suspend this Agreement unless it shall have giventhe Financing Party prior written Notice by sending Noticeto the Financing Party ( at the address provided by Provider) of its intent to terminate or suspend this Agreement, specifying the condition giving rise to such right, and the Financing Party shall not have caused to be cured the condition giving rise to the right of termination or suspension within thirty (30) days after such Notice or (iflonger) the periods provided for in this Agreement. The Parties agree that the cure rights described herein are in addition to and apply and commence following the expiration of any Notice Page 23 of26 and cure period applicable to Provider The Parties respective obligations will otherwise remain in effect during any cure period; provided, if such Provider default reasonably cannot be cured by the Financing Party within such period and the Financing Party commences and continuously pursues cure of such default within such period, such period for cure will be extended for a reasonable period oftime under the circumstances, such period not to exceed additional ninety (90) days. ii.If the Financing Party (including any purchaser or transferee), pursuant to an exercise ofremedies by the Financing Party, shall acquire title to or control of Provider's assets and shall, within the time periods described in Sub-section (c)(i). above, cure all defaults under this Agreement existing as of the date of such change in title or control in the manner required by this Agreement and which are capable of cure by a third person or entity, then such person or entity shall no longer be in default under this Agreement, and this Agreement shall continue in full force and effect. Page 24 of26 Exhibit C of General Conditions Requirements Applicable to lhe lnstalJation Work Section B. l Prohibition Against Use of Tobacco. All properties and facilities owned, leased, or operated by the Purchaser are tobacco-free work places. No person on, at or in any Purchaser-controlled property or facility, including, without limitation, the Premises, may smoke, chew or otherwise use tobacco products. Provider shall be responsible for: (i) informing any and all persons present on or at the Premises on account of the Installation Work about the Purchaser's tobacco-free policy; and (ii) strictly enforcing such policy with respect to the Premises. The Purchaser, Provider, and each Subcontractor shall require that any person present on or at the Premises on account of the Installation Work who violates such policy must permanently leave the Premises and shall prohibit such person from thereafter being present or performing any of the Installation Work on or at the Premises. Section B.2 Prohibition Against Use of Drugs. (a)Purchaser Drug-Free Pol.icy. All properties and facilities owned, leased or operated by the Purchaser are drug-free work places. No person on, at or in any Purchaser-controlled property or facility, including, without limitation, the Premises, may: (i) engage in the unlawful manufacture, dispensation, possession or use, including being under the influence, of any controlled substance, (ii) possess or use any alcoholic beverage, or (iii) use any substance which may cause significant impairment of normal abilities. Provider shall be responsible for: (i) informing any and all persons present on or at the Premises on account of the Installation Work about the Purchaser's drug-free policy; and (ii) strictly enforcing such policy with respect to the Premises. The Purchaser, Provider, and each Subcontractor shall require that any person present on or at the Premises on account of the Installation Work who violates such policy must permanently leave the Premises and shall prohibit such person from thereafter being present or performing any of the Installation Work on or at the Premises. (b)Drug-Free Workplace Certification. Provider is hereby made subject to the requirements of Gove rnment Code Sections 8350 et seq., the Drug-Free Workplace Act of 1990. Section B.3 Compliance with Labor Requirements. The Installation Work is a "public works" project as defined in Section 1720 of the California Labor Code ("Labor Code") and made applicable pursuant to Section 1720.6 of the Labor Code. Therefore, the Installation Work is subject to applicable provisions of Part 7, Chapter 1, of the Labor Code and Title 8 of the California Code of Regulations, Section 16000 et seq. (collectively, "Labor Law"). Provider acknowledges that, as provided by Senate Bill 854 (Stats. 2014, Ch. 28), the Project is subject to labor compliance monitoring and enforcement by the California Department of Industrial Relations ("DIR"). Section B.4 Compliance with Labor Code Requirements. Provider must be, and shall be deemed and construed to be, aware of and understand the requirements of the Labor Law that require the payment of prevailing wage rates and the performance of other requirements on public works projects. Provider, at no additional cost to the Purchaser, must: (i) comply with any and all applicable Labor Law requirements, including, without limitation, requirements for payment of prevailing wage rates, inspection and submittal ( electronically, as required) of payroll records, interview( s) of workers, et cetera; (ii) ensure that its Subcontractors are aware of and comply with the Labor Law requirements; (iii)in connection with Labor Law compliance matters, cooperate with the DIR, the Purchaser and other entities with competent jurisdiction; and (iv) post all job-site Notices required by law in connection with the Installation Work, including, without limitation, postings required by DIR regulations. A Subcontractor that has been debarred in accordance with the Labor Code, including, without limitation, pursuant to Sections 1777.1 or 1777.7, is not eligible to bid on, perform, or contract to perform any portion of the Installation Work. Wage rates for the Installation Work shall be in accordance with the general prevailing rates of per-diem wages determined by the Director of Industrial Relations pursuant to Labor Code Section l 770. The following Labor Code sections are by this reference incorporated into and are a fully operative part of the Contract, and Provider shall be responsible for compliance therewith: (a)Section 1735: Anti-Discrimination Requirements; Page 25 of26 (b)Section 1775: Penalty for Prevailing Wage Rate Violations; (c)Section 1776: Payroll Records; ( d)Sections 1777.5, 1777.6 and 1777. 7: Apprenticeship Requirements; (e)Sections 1810 through 1812: Working Hour Restrictions; (t)Sections 1813 and 1814: Penalty for Failure to Pay Overtime; and (g)Section 1815: Overtime Pay. Section B.5 Requirements for Payroll Records. Provider must comply with all applicable provisions of Labor Code Sections 1776 and 1812, which relate to preparing and maintaining accurate payroll records, and making such payroll records available for review and copying by the Purchaser, the DIR Division of Labor Standards Enforcement, and the DIR Division of Apprenticeship Standards. The payroll records must be certified and made available as required by Labor Code Section 1776. Section B.6 Contractor Registration. On and after March 1, 2015, no contractor may bid on a public works project unless the contractor is, and no subcontractor may be listed in any bid for a public works project unless the subcontractor is, currently registered with the DIR and qualified to perform public work pursuant to Labor Code Section 1725.5. On and after April 1, 2015, no contractor or subcontractor may be awarded a contract for work on a public works project or may perform any work on a public works project, unless the contractor or subcontractor is currently registered with the DIR and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of Labor Code Section 1725.5 for an unregistered contractor to submit a bid authorized by Business and Professions Code Section 7029.l or Public Contract Code Section 20103.5, if the contractor is registered at the time the contract is awarded. Section B.7 Permits and Licenses. Without limiting anything set forth in Section B.7 of this Exhibit C, Provider, its Subcontractors, and all of their respective employees and agents: (i) shall secure and maintain in force at all times during the performance of the Installation Work such licenses and permits as are required by law; and (ii) shall comply with all federal and State, and County laws and regulations, and other governmental requirements applicable to the System or the Installation Work. Provider or its subcontractors shall obtain and pay for all permits and licenses required for the performance of, or necessary in connection with, the Installation Work, and shall give all necessary Notices and deliver all necessary certificates to the Purchaser, and shall pay all royalties and license fees arising from the use of any material, machine, method or process used in performing the Installation Work. Provider shall be solely responsible for all charges, assessments and fees payable in connection with any such licenses, permits, materials, machines, methods, and processes. Section B.8 Protection of Minor-Aged Students. Provider, in conformance with Education Code Section 45125 .1, shall require and be responsible for ensuring compliance by each and every person who will be on or at the Premises in connection with the construction, maintenance, operation or other purposes related to the System with all California Department of Justice guidelines and requirements relating to fingerprinting and criminal-history background checks, regardless of whether Section 45125.1 otherwise by its terms would apply to any such activities. In the event Education Code Section 45125.1 is repealed or superseded, Provider, following receipt of written Notice from the Purchaser, shall comply with such successor or other requirements as determined by the Purchaser in its reasonable discretion. The Purchaser, in its discretion, may exempt in writing any person(s) from the foregoing requirements if Provider makes alternative arrangements for supervision of such person(s) that are acceptable to the Purchaser in its sole discretion. Page 26 of26 ENERGY SERVICES AGREEMENT -SOLAR City Center This Energy Services Agreement ("Agreement") is made and entered into as of this .;l.�ay of �"e., 2024 (or, if later, the latest date of a Party's execution and delivery to the other Party of this Agreement, the "Effective Date"), between FFP BTM SOLAR, LLC, a Delaware limited liability company ("Provider"), and City of Rohnert Park, A Municipal Corporation ("Purchaser"; and, together with Provider, each, a"�" and together, the "Parties"). A. B. C. D. E. F. RECITALS Purchaser desires that Provider install and operate a solar photovoltaic system at the Premises (as hereafter defined) for the purpose of providing Energy Services (as hereafter defined), and Provider is willing to have the Installation Work performed by using one or more qualified contractors holding the appropriate licenses required in the jurisdiction where the System will be installed; Provider is in the business of designing, constructing, owning, financing, and operating solar photovoltaic systems for the purpose of selling power generated by the systems to its purchasers; California Government Code sections 4217. l O et seq. authorizes a public entity to enter into energy service contracts, facility financing contracts, and related agreements to implement the State's conservation and alternative energy supply source policy; Purchaser's governing body has made those findings required by Government Code section 4217.12 that the anticipated cost to the Purchaser for Energy Services provided by the System under this Agreement is expected to be less than the anticipated marginal cost to the Purchaser of electrical energy that would have been consumed by Purchaser in the absence of its purchase of the Energy Services; Provider and Purchaser acknowledged those certain General Terms and Conditions of Energy Services AgTeement between FFP BTM Solar, LLC and Purchaser dated as of�u.1\'-"'�2024 ("General Terms and Conditions"), which are incorporated by reference as set forth herein; and The terms and conditions of this Energy Services Agreement, excluding the General Terms and Conditions incorporated herein, constitute the "Special Conditions" referred to in the General Terms and Conditions. In consideration of the mutual promises set forth below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: I.Lncorporation of General Terms and Conditions. The General Terms and Conditions are incorporated herein as if set forth in their entirety. 2.Initial Term. The initial term of this Agreement shall commence on the Effective Date and shall continue for Twenty (20) years from the Commercial Operation Date (as defined in the General Terms and Conditions), unless and until extended or terminated earlier pursuant to the provisions of this Agreement (the "Initial Term"). After the Initial Term, this Agreement may be renewed for an additional five (5) year term (a "Renewal Term"). At least one hundred and eighty (180) days, but no more than three hundred and sixty­ five (365) days, prior to the expiration of the Initial Term, Provider shall give written notice to Purchaser of the availability of the Renewal Term. Purchaser shall have sixty (60) days to agree to continuation of this Agreement for the Renewal Term. Absent agreement to the Renewal Term this Agreement shall expire on the Expiration Date. The Initial Term and the subsequent Renewal Term, if any, are referred to collectively as the "Term". 3.Schedules. The following Schedules hereto are hereby incorporated into this Agreement: CONFIDENTIAL AND PROPRIETARY Schedule l Description of the Premises, System and Subsidy Schedule 2 Energy Services Payment Schedule 3 Early Termination Fee Schedule 4 Estimated Annual Production Schedule 5 Notice Information Schedule 6 Reserved Schedule 7 Specific Items for Scope of Work Schedule 8 Site Diagram Schedule 9 Acknowledgment ofUogrades, Schedule or Scope Change 4.Privacy. Purchaser acknowledges that the System may collect certain information about Purchaser's electricity usage and the System performance. Such information may be stored and processed in the United States or any other country in which Provider or its third-party service providers, or its or their respective affiliates, subsidiaries, or service providers, maintain facilities. Purchaser consents to any such transfer of information outside of Purchaser's country. 5.Milestone Dates. 6. 5.1 The Guaranteed Construction Start Date is 730 days from Effective Date provided that the Local Electric Utility is prepared to begin its construction on any required utility, (distribution or transmission), upgrades, if any, and the Purchaser has completed construction within the area of solar development (as indicted in Schedule 9). In the event that the Local Electric Utility is not prepared to commence construction on required upgrades, if any are required, or the Purchaser has not completed construction within the area of solar development, Provider will be allowed a day for day extension to the Guaranteed Construction Start Date, as defined in the General Terms and Conditions between the Parties. 5 .2 The Guaranteed Commercial Operation Date is: (i) 60 days from the date on which the Local Electric Utility authorizes Provider to schedule an inspection to energize the System after confirming completion of installation, and testing, or (ii) April 14, 2026, whichever occurs later. 5 .3 Extensions. The Guaranteed Construction Date and the Guaranteed Commercial Operation Date and related damages provisions and termination rights in Section 2 of the General Terms and Conditions, will be extended by the number of days, equal to the duration of delays in construction or the commencement of operation of the System due to Force Majeure Events, delays caused by the Local Electric Utility, provided any such delay is beyond the control of Provider and is not the result of the fault or negligence of Provider (including but not limited to Provider's failure to provide a timely, complete application to the Local Electric Utility or to respond to Local Electric Utility requests for information) ("Local Electric Utility Delay"), delays caused by the Authority Having Jurisdiction ("AHJ Delay"), or failure of Purchaser to timely perform its obligations hereunder. The number of days of such extension will be calculated from the date on which the Force Majeure Event, Local Electric Utility Delay, AHJ Delay, or Purchaser's failure to perform occurs, as long as Provider has given Purchaser, as applicable, (i) notice of the Force Majeure Event in accordance with Section 10.2 of the General Terms and Conditions, or (ii) prompt notice of any failure to perform or Local Electric Utility Delay or AHJ Delay that is delaying construction or commencement of operation of the System. Purchase Requirement; Energy Services Payment. "Energy Services" means the supply of electrical energy output from the System and any associated reductions in Purchaser's peak demand from its Local Electric Utility. Purchaser agrees to purchase one hundred percent (100%) of the Energy Services generated by the System and made available by Provider to Purchaser during each relevant month of the Term, up to a maximum of one hundred and ten percent (110%) of Estimated Annual Production, as defined in Schedule 4.While the Energy Services are calculated and billed on a per kWh basis as set forth in Schedule 2 of these Special Conditions, they represent a package of services and benefits. 2 CONFIDENTIAL AND PROPRIETARY 7.Net Energy Metering. 7.1 The Parties acknowledge that the pricing assumes Net Energy Metering (NEM) 2.0 for the Initial Term. If (i)Provider fails to submit interconnection applications by April 14, 2023, or (ii) prior to the Commercial Operation Date, (A) Provider fails to keep such interconnection applications in good standing such that the System would not be eligible for NEM 2.0, or (B) the CPUC issues a decision such that the System would not be eligible for NEM 2.0 grandfathering for at least twenty (20) years, Purchaser may terminate this Agreement with no liability whatsoever, including, but not limited to the Early Termination Fee. The foregoing shall not apply to the extent Provider's failure is caused by an act or omission by Purchaser in connection with Provider's submittal of interconnection applications. Provided, however, that in the event of a change in Applicable Law that occurs after the Commercial Operation Date and results in a loss ofNEM 2.0 grandfathering, Purchaser shall have no such termination right. Provided further that Purchaser shall ensure any correspondence with the Local Electric Utility regarding the tariff and changes to the interconnection agreement are promptly shared with Provider. 8.Estimated Annual Production. The annual estimate of electricity generated by the system for each year of the initial term is set as forth in Schedule 4 of the Special Conditions ("Estimated Annual Production '). Within sixty (60) days of each annual anniversary of the Commercial Operation Date, Provider will provide a statement to Purchaser that shows the actual annual kWh production from the System for the Term Year, the Estimated Annual Production, and the Minimum Guaranteed Output (defined below). 9.Minimum Guaranteed Output. If the System fails to generate at least ninety-five percent (95%) of the Estimated Annual Production for a full Term Year (such amount, the "Minjmum Guaranteed Output"), other than as a result of the acts or omissions of Purchaser or the Local Electric Utility (including a Disruption Period), or an Event of Force Majeure, Provider shall credit Purchaser an amount equal to Purchaser's Lost Savings on the next invoice or invoices during the following Term Year. The formula for calculating Lost Savings for the applicable Term Year is as follows: Lost Savings = (MGO*WPR -AE) x RV MGO = Minimum Guaranteed Output, as measured in total kWh, for the System for the applicable Term Year. WPR = Weather Performance Ratio, measured as the ratio of the actual insolation over typical (pro­ forma) insolation. Such Weather Performance Ratio shall only apply if the ratio is less than 1.00. AE = Actual Electricity, as measured in total kWh, delivered by the System for the Term Year plus the estimated lost energy production during a Disruption Period. RV = (ATP -kWh Rate) ATP = Average tariff price, measured in $/kWh, for the Term Year paid by Purchaser with respect to the Premises. This price is determined by dividing the total cost for delivered electricity, including all charges associated with such electricity howsoever named, including, without limitation, charges for distribution, transmission, demand, and systems benefits, paid to the Local Electric Utility during the applicable Term Year by the total amount of delivered electricity by the electric utility during such Term Year. kWh Rate = the kWh Rate in effect for the applicable Term Year(s), measured in $/kWh. If the RV is zero or less, then no Lost Savings payment is due to Purchaser. Any Lost Savings payment shall occur no later than sixty (60) days after the end of the Term Year during which such Lost Savings occurred. 3 CONFIDENTIAL AND PROPRIETARY 10.Allowed Disruption Time. Notwithstanding the provisions in Section 4.3 of the General Terms and Conditions to the contrary, during years 4 through 20 (but not years 1 through 3) of the Term, Purchaser shall be afforded a one-time allocation of fifteen (15) days which may be used consecutively or in separate periods of at least twenty-four (24) hours each (' Allowed Dis.ruption Time") during which the System shall be rendered non-operational. Purchaser shall not be obligated to make payments to Provider for electricity not received during the Allowed Disruption Time, nor shall Purchaser be required to reimburse Provider for any other lost revenue during the Allowed Disruption Time, including any lost revenue associated with any reduced sales of Environmental Attributes, and Provider shall be credited for the estimated lost production the System would have produced during such Allowed Disruption Time toward satisfaction of its Minimum Guaranteed Output, as set forth in Section 8 of the Special Conditions, such estimated lost production to be calculated in the same manner as set forth in Section 4.3 of the General Conditions. 11.Distribution Upgrades, Scope and Schedule Changes. 11. 1 For any distribution upgrades required or changes to the scope oflnstallation Work made pursuant to Schedule 2 of the Special Conditions, the Parties may execute an acknowledgment in the form attached hereto as Schedule 9 detailing (i) the description of the distribution upgrades or change in scope of the Installation Work (ii) the amount of the adjustment in the kWh Rate and Early Termination Fee that corresponds to such costs, if any (iii) changes to the Estimated Annual Production in Schedule IV, if any, and (iv) any change to the Guaranteed Construction Start Date and Guaranteed Commercial Operation Date resulting from such upgrades or scope changes; 11.2 For any day for day extensions made pursuant to Section 2.2(b) of the General Conditions, the Parties may execute an acknowledgment in the form attached hereto as Schedule 9 detailing (i) the circumstances that warrant such day for day extension and (ii) the updated Guaranteed Construction Start Date and/or Guaranteed Commercial Operation Date; 11.3 For any extensions that are not made pursuant to Section 2.2(b) of the General Conditions, Provider may request extensions to the Guaranteed Construction Start Date and/or Guaranteed Commercial Operation Date to the extent that Provider can demonstrate to Purchaser that Provider is seeking such extension for good cause. Purchaser in its sole discretion may approve such extension(s) by executing an acknowledgment in the form attached hereto as Schedule 9 on which Provider details (i)the circumstances for which Provider deems good cause for such extension(s), (ii) the actions that Provider is taking to complete the System on a schedule agreeable to the Purchaser and (iii) the updated Guaranteed Construction Start Date and/or Guaranteed Commercial Operation Date. For the avoidance of doubt, Purchaser designates Public Works Director as authorized to execute the acknowledgment form attached hereto as Schedule 9 provided the terms of such acknowledgment comply with this Section 11. 12.Sunlight Access. Purchaser will take all reasonable actions as necessary to prevent other buildings, structures or flora from overshadowing or other wise blocking access of sunlight to the System. 13.Use of System. Purchaser will not use electrical energy generated by the System for the purposes of heating a swimming pool within the meaning of Section 48 of the Internal Revenue Code. 4 CONFIDENTIAL AND PROPRIETARY IN WITNESS WHEREOF and in confinnation of their consent to the terms and conditions contained in this Agreement and intending to be legally bound hereby, Provider and Purchaser have executed this Agreement as of the Effective Date. PROVIDER: FFP BTM SOLAR, LLC .'Rubee, Itmte r By. JilJb,l .. fu-1tn..l ... J'lJ�,.,1. r-ot• Name: Ruben FontesTitle: PresidentDate: 06/20/2024 5 PURCHASER: CITY OF ROHNERT PARK By: _________ _ Name: M�\ ... f,�� Title: C ;� MOJt\a..3er-Date: I. II. CONFIDENTIAL AND PROPRIETARY SCHEDULES Schedule 1 -Description of the Premises, System and Subsidv A.Premises 500 City Center Dr Rohnert Park, CA 94928 Site diagram attached: XYes □No Behind the meter, grid interconnected, canopy mounted solar. B.DescriQtion of Solar System Solar System Size: 679.77kW (DC) (this is an estimate (and not a guarantee) of the System size; Provider may update the System Size prior to the Commercial Operation Date.) C.An.tic.iQated Subsidv or Rebate $0 Schedule 2-Energy Services Payment Purchaser shall pay to Provider a monthly payment (the "Energy Services Payment') for the Energy Services provided by the System during each calendar month of the Term equal to the product of (x) Actual Monthly Production for the System for the relevant month multiplied by (y) the kWh Rate. The "Actual Monthly Production" means the amount of energy recorded by Provider's metering equipment during each calendar month of the Term. The kWh Rate with respect to the System under this Agreement shall be in accordance with the following schedule: PP A Rate Table Term kWh Rate Term $/kWh Rate Year ($/kWh) Year ($/kWh) 1 $0.2532 11 $0.2532 2 $0.2532 12 $0.2532 3 $0.2532 13 $0.2532 4 $0.2532 14 $0.2532 5 $0.2532 15 $0.2532 6 $0.2532 16 $0.2532 7 $0.2532 17 $0.2532 8 $0.2532 18 $0.2532 9 $0.2532 19 $0.2532 10 $0.2532 20 $0.2532 6 CONFIDENTIAL AND PROPRIETARY Distribution Upgrades. Within thirty (30) days of receipt of notice from the Local Electric Utility of distribution upgrade costs required by the Local Electric Utility, Purchaser will provide written notice (email is acceptable) to Provider of Purchaser's election of one of the following options: a.Purchaser will pay the entire amount of such distribution upgrade costs, and the kWh rate as stated in PP A Rate Table will remain unchanged. Purchaser shall make payments directly to the Local Electric Utility in accordance with the requirements of the Local Electric Utility. b.For every $0.01 per watt DC of such distribution upgrade costs, the kWh rate in PPA Rate Table will increase $0.0009 per kWh. Scope Changes OTC Eligible): If changes in project scope occur that are eligible for the Federal Investment Tax Credit (such as but not limited to adverse geotechnical conditions) and such additional scope and associated costs go beyond those contemplated as part of the development and implementation of the System in this Agreement, Provider will provide reasonable documentation demonstrating the direct and actual time and materials costs relating to such associated costs, and, within 30 days of receipt of notice from Provider reasonably substantiating the associated costs, Purchaser will provide written notice to Provider of Purchaser's election of one of the following options: a.Purchaser will pay the entire amount of such associated costs, and the kWh rate as stated in PPA Rate Table will remain unchanged. b.For every $0.01 per watt DC of such associated costs, the kWh rate in PPA Rate Table will increase $0.0007 per kWh. Scope Changes ( on-ITC Eligible): If changes in project scope occur that are not eligible for the Federal Investment Tax Credit (such as but not limited to additional required ADA upgrades) and such additional scope and associated costs go beyond those contemplated as part of the development and implementation of the System in this Agreement, Provider will provide reasonable documentation demonstrating the direct and actual time and materials costs relating to such associated costs, and, within 30 days ofreceipt ofnotice from Provider reasonably substantiating the associated costs, Purchaser will provide written notice to Provider of Purchaser's election of one of the following options: c.Purchaser will pay the entire amount of such associated costs, and the kWh rate as stated in PP A Rate Table will remain unchanged. d.For every $0.01 per watt DC of such associated costs, the kWh rate in PPA Rate Table will increase $0.0011 per kWh. If the aggregate of costs set forth above for which Purchaser has elected to pay for via increased kWh Rate exceed the maximum total kWh Rate increase of$0.0336 the Provider has the option to terminate this Agreement and to remove the System pursuant to Section 2.4 of the General Conditions. In no event shall Purchaser be responsible for costs that exceed the stated kWh Rate increase. 7 CONFIDENTIAL AND PROPRIETARY III.Schedule 3 -Early Termination Fee The Early Tennination Fee with respect to the System under this Agreement shall be calculated in accordance with the following: Early Column 1 Purchase Date Occurs on the Column2 Termination Early Termination Fee 91'1 day following: Early Termination Fee Occurs in Year: where Purchaser does !!2! (Each "Anniversary" below where Purchaser takes take Title to the System shall refer to the anniversary Title to the System ($/Wdc including costs of of the Commercial Operation ($/Wdc, does not include removal) Date) costs of removal) l* $6.79 -- 2 $6.27 -- 3 $5.69 -- 4 $5.20 -- 5 $4.76 -- 6 $4.33 5th Anniversary $3.83 7 $4.25 6th Anniversary $3.75 8 $4.21 7th Anniversary $3.71 9 $4.18 8th Anniversary $3.68 10 $4.14 9th Anniversary $3.64 11 $4.11 10th Anniversary $3.61 12 $4.07 11 th Anniversary $3.57 13 $4.04 I 2 th Anniversary $3.54 14 $4.00 13 th Anniversary $3.50 15 $3.97 14th Anniversary $3.47 16 $3.94 15th Anniversary $3.44 17 $3.90 16th Anniversary $3.40 18 $3.87 17th Anniversary $3.37 19 $3.84 18th Anniversary $3.34 20 $3.81 19th Anniversary $3.31 At Expiration (the end of the Initial Term), the amount in Column 1 shall be deemed to be zero (0). *Includes Early Tennination prior to the Commercial Operation Date. IV.Schedule 4-Estimated Annual Production Estimated Annual Production commencing on the Commercial Operation Date with respect to System under this Agreement shall be as follows: Term Estimated Term Estimated Year Production Year Production (kWh) (kWh) 1 982,268 11 934,245 2 977,356 12 929.573 3 972 470 13 924,926 4 967,607 14 920,301 5 962.769 IS 915,699 6 957,955 16 911,121 7 953,166 17 906,565 8 948,400 18 902,033 9 943,658 19 897,522 10 938,939 20 893,035 8 CONFIDENTIAL AND PROPRIETARY The values set forth in the table above are estimates (and not guarantees), of approximately how many kWhs are expected to be generated annually by the System assuming the System size indicated in Schedule I and based on initial System designs. Provider may deliver to Purchaser an updated table on or about the Commercial Operation Date based on the actual System size and design. V.Schedule 5 -Notice Information Purchaser: City to fill in c..;� Jl.. V..,\-\\'\ert fo.r\:.. Afm'. C..�� C.\u-�s o.w.·\ct.. \ � ""'('"C)JM F\...,b"'-'L�"v\\l'tLM"" y °" "'-\ cA C\ 'f ll\U, VI.Schedule 6-Reserved Provider: FFP BTM Solar, LLC c/o Forefront Power, LLC Attn: Director, Energy Services 100 Montgomery St., Suite 725 San Francisco, CA 94104 With a copy to FFP BTM Solar, LLC c/o Forefront Power, LLC Attn: Legal Department 100 Montgomery St., Suite 725 San Francisco, CA 94104 Email: FPLegal@forefrontpower.com Financing Party: [To be provided by Provider when known] VII. Schedule 7 -Specific Items for Scope of Work 1.1. All System structures shall be permitted through the authority having jurisdiction as carports or shade structures, as applicable. Provider shall obtain permits on behalf of the project(s), including building department, structural, grading, and/or electrical permits as required. 1.2. Provider and Purchaser are operating under the assumption that the premises will be eligible for a CEQA Notice of Exemption (NOE), and that a special use, conditional use, or zoning permit will not be required. Provider assumes that Purchaser, as lead agency, will issue a Notice of Exemption for CEQA. Upon request, Provider shall provide such limited support as necessary to Purchaser to obtain the NOE, including, if necessary, biological study and associated consultant statement and summary citing exemptions applicable. Provider shall not be responsible for costs or delays associated with any unforeseen required CEQA studies, special use, conditional use, or zoning permits, or mitigations that may result from a CEQA submittal and public comment. 1.3. Purchaser will provide comprehensive review by all necessary stakeholders of all designs and submittals as requested by Provider in no more than 10 business days. Purchaser shall be responsible for cost and timeline impacts for any comments submitted after 10 business days. If Purchaser does not deliver any comments within IO days, Provider shall construe this as acceptance and approval. 9 CONFIDENTIAL AND PROPRIETARY 1.4. Solar arrays will be canopy height of 10' minimum clearance and with a painted finish. 1.5. Provider shall be responsible for all tree trimming and tree removal in or der to facilitate the installation of the Systems. Provider will remove tree such that area is flush with grade. Purchaser shall acknowledge and approve removal of trees identified by Provider, in order to install the system and such approval shall not be unreasonably withheld. Where tree removal will occur, Provider shall grind tree stumps to a maximum of 4 inches below grade. Purchaser shall be responsible for the costs associated with tree studies, arborist surveys, tree removal permits, afforestation, or reforestation for any trees removed. Purchaser can elect to address the additional scope itself, or require that Provider address it through the change order process described in Schedule 2. Irrigation re-routing shall not be the responsibility of the Provider. 1.6. Provider intends to interconnect the System to Purchaser-owned 480V service conductors or service equipment at a mutually agreeable location. Provider assumes that the existing conductors and service equipment are sufficiently capable of accepting the additional electrical load of the System and that any existing relay schema or protection settings are configurable to allow backfeed from generation sources. Provider shall not bear responsibility for any required upgrades to the pre-existing electrical system. 1. 7.Provider shall be responsible for all fees associated with the interconnection application, except that Provider shall not be responsible for transmission, distribution, network, or telecommunications upgrades determined necessary by the Local Electric Utility. 1.8. Provider shall be responsible for verifying and understanding existing ADA parking, striping, and paths of travel and what code-required upgrades may be necessary as a result of the System and any pre-existing non-compliance. Provider shall be responsible for all required ADA striping, signage within the solar canopy footprint and connecting to existing ADA-compliant path of travel. Provider's scope excludes any demolition, grading, paving, curb cuts, or truncated domes throughout the Premises to achieve ADA compliance, or any required ADA striping and signage outside of the solar canopy footprint and connecting to the existing ADA­ compliant path of travel. Should any excluded items for ADA-compliance be required, Provider will work with Purchaser in good faith to determine a mutually-acceptable solution for Purchaser to pay the costs associated with such upgrades, including potentially an increase in the kWh rate in Schedule 2. 1.9. Provider excludes generator backup of Purchaser's electrical service during temporary service outage during interconnection of the System (up to 8 hours of shutdown, which can be planned to take place during off-hours). l. 10.Provider assumes no title and/or real estate risks, encumbrances or other limitations exist that would otherwise limit Provider's ability to access the site, install, own and operate the system. Provider assumes that all parcels encompassed by the site area recommended by Purchaser will be owned by Purchaser at time of development. 1.11. Provider assumes that soil conditions are not such soils that are rocky, sandy, contaminated, ground water, caving, or otherwise have problematic construction limitations. Provider assumes no required shoring or de-watering for piers or trenches, and a maximum required pier depth of 1 0' and diameter of 30". If soil conditions prove to be more adverse than these assumptions, Provider shall not be responsible for such additional expenses. Provider shall work with Purchaser in good faith to determine a mutually acceptable solution for Purchaser to pay such additional costs, including potentially an increase in the kWh rate in Schedule 2. 1.12. Purchaser is responsible for unforeseen underground conditions including utilities not discoverable by industry standard methodologies. 10 CONFIDENTIAL AND PROPRIETARY 1.13. Provider agrees to construct the System in no more than 1 construction phase, and that Provider will be allowed ample space, to the extent that it is available, to store material on site. Provider assumes free access to the entire mobilized portion of the parking lot area for the full scope of work. 1.14. Provider shall be responsible for all inspection and inspector costs associated with the installation of the system. 1.15. Provider assumes a balanced site. Any spoils that result from the installation of the System are assumed to be spread on site. Provider shall not be responsible for exporting soils. Provider shall work with Purchaser in good faith to determine a mutually-acceptable solution for Purchaser to pay any such additional costs including potentially an increase in the kWh rate by exercising the Scope Changes (Non-ITC Eligible) rates in Schedule 2. 1.16. Provider assumes that existing grade is level and that no grading is required in support of System installation. 1.17. Provider assumes that there is a water source on site, and available for Provider's use. 1.18. Provider assumes Risk Level I Best Management Practices as it relates to relevant Storm water Protection Plan assumptions for the installation of the System. 11 VIII.Schedule 8 -Site Diagram MIIMM!ltl(<MIIUU7WI'<(( ... ,_ 12 CONFIDENTIAL AND PROPRIETARY FOREFRONT l;lllill)IIS(MHtf .. f■.d' Ml".....::..:a. .... 'Nl.lra-• Rohnert Park City center CONFIDENTIAL AND PROPRIETARY IX.Schedule 9 -Acknowledgment of Upgrades, Schedule or Scope Change Upgrades, Scope and/or Schedule Change Acknowledgment This Acknowledgment is made in accordance with Section 10 of the Special Conditions, as defined in that Energy Service Agreement -[Solar], between [PURCHASER] ("Purchaser") and FFP BTM Solar, LLC ("Provider"), dated .__ ___ , 20_] (the "Agreement"). Upon execution by both Purchaser and Provider, this Acknowledgment shall be effective as of [INSERT DA TE] (the "Acknowledgment Effective Date"). 1.Type of Change: D Distribution Upgrades 0 Scope Changes (ITC Eligible) D Scope Changes (Non-ITC Eligible) D Day for Day Extension D Extension for Good Cause 2.Description of Change [INSERT DESCRIPTION AND IF PROVIDER SEEKING EXTENSION FOR GOOD CAUSE, PROVIDER TO DETAIL CIRCUMSTANCES AND ACTIONS PROVIDER IS TAKING TO COMPLETE SYSTEM ON AGREED UPON SCHEDULE] 3.kWh Rate and Early Termination Fee [IF NO IMPACT TO RA TE OR ETF THEN DELETE] [INSERT UPDATED KWH RA TE AND EARLY TERMINATION FEE TABLE] 4.Estimated Annual Production [IF NO IMP ACT TO ESTIMATED ANNUAL PRODUCTION THEN DELETE] [INSERT UPDATED SCHEDULE 4 ESTIMATED ANNUAL PRODUCTION TABLE] 5. Updated Guaranteed Construction Start Date and Guaranteed Commercial Operation Date [IF NO IMPACT TO CLIFF DA TES THEN DELETE] The Parties hereby agree that the Guaranteed Construction Start Date and the Guaranteed Commercial Operation Date as defined in the Agreement are updated as follows: Guaranteed Construction Start Date: �[ ---� Guaranteed Commercial Operation Date: (�---�) The Parties hereby acknowledge and confirm the terms set forth herein as of the Acknowledgment Effective Date. [PURCHASER] FFP BTM Solar, LLC By: By: Name: Name: Title: Title: 13 City of Rohnert Park -Civic Center -ForeFront Power Final Audit Report Created: By: Status: Transaction ID: 2024-06-19 Kelsey Nguyen (kbracewell@rpcity.org) Signed CBJCHBCAABAA4_68k2h6u_EZTG8AxbKnslWkzONGW4KK 2024-06-20 "City of Rohnert Park -Civic Center -ForeFront Power" History � Document created by Kelsey Nguyen (kbracewell@rpcity.org) 2024-06-19-0:18:15 AM GMT � Document emailed to Ruben Fontes (rfontes@forefrontpower.com) for signature 2024-06-19-0:18:20 AM GMT � Email viewed by Ruben Fontes (rfontes@forefrontpower.com) 2024-06-19-0:19:09 AM GMT 0"'8 Document e-signed by Ruben Fontes (rfontes@forefrontpower.com) Signature Date: 2024-06-20-4:28:41 PM GMT - Time Source: server 0 Agreement completed. 2024-06-20 -4:28:41 PM GMT f.l Adobe Acrobat Sign ENERGY SERVICES AGREEMENT-SOLAR Callinan Sports & Fitness Center This Energy Services Agreement ("Agreement") is made and entered into as of this a.�ay of J"1&.W\e,., 2024 (or, if later, the latest date of a Party's execution and delivery to the other Party of this Agreement, the "Effective Date"), between FFP BTM SOLAR, LLC, a Delaware limited liability company ("Provider"), and City of Rohnert Park. A Municipal Corporation ("Purchaser"; and, together with Provider, each, a "Party" and together, the "Parties"). RECITALS A.Purchaser desires that Provider install and operate a solar photovoltaic system at the Premises (as hereafterdefined) for the purpose of providing Energy Services (as hereafter defined), and Provider is willing to havethe Installation Work performed by using one or more qualified contractors holding the appropriate licensesrequired in the jurisdiction where the System will be installed;B.Provider is in the business of designing, constructing, owning, financing, and operating solar photovoltaicsystems for the purpose of selling power generated by the systems to its purchasers;C.California Government Code sections 4217.10 et seq. authorizes a public entity to enter into energy servicecontracts, facility financing contracts, and related agreements to implement the State's conservation andalternative energy supply source policy;D.Purchaser's governing body has made those findings required by Government Code section 4217.12 that theanticipated cost to the Purchaser for Energy Services provided by the System under this Agreement isexpected to be less than the anticipated marginal cost to the Purchaser of electrical energy that would havebeen consumed by Purchaser in the absence of its purchase of the Energy Services;E.Provider and Purchaser acknowledged those certain General Terms and Conditions of Energy ServicesAgreement between FFP BTM Solar, LLC and Purchaser dated as of11o1.1"£i,; 2024 (''General Terms andConditions"), which are incorporated by reference as set forth herein; andF.The terms and conditions of this Energy Services Agreement, excluding the General Terms and Conditionsincorporated herein, constitute the "Special Conditions' referred to in the General Terms and Conditions.In consideration of the mutual promises set forth below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: I.Incorporation of General Terms and Conditions. The General Terms and Conditions are incorporated hereinas if set forth in their entirety. 2. Initial Tenn. The initial term of this Agreement shall commence on the Effective Date and shall continue forTwenty (20) years from the Commercial Operation Date (as defined in the General Terms and Conditions),unless and until extended or terminated earlier pursuant to the provisions of this Agreement (the "InitialTenn"). After the Initial Term, this Agreement may be renewed for an additional five (5) year term (a"Renewal Term"). At least one hundred and eighty (180) days, but no more than three hundred and sixty­five (365) days, prior to the expiration of the Initial Term, Provider shall give written notice to Purchaser ofthe availability of the Renewal Term. Purchaser shall have sixty (60) days to agree to continuation of thisAgreement for the Renewal Term. Absent agreement to the Renewal Term this Agreement shall expire onthe Expiration Date. The Initial Term and the subsequent Renewal Tenn, if any, are referred to collectivelyas the "Term".3.Schedules. The following Schedules hereto are hereby incorporated into this Agreement: CONFIDENTIAL AND PROPRIETARY Schedule 1 Description of the Premises, System and Subsidy Schedule 2 Energy Services Payment Schedule 3 Early Termination Fee Schedule 4 Estimated Annual Production Schedule 5 Notice Information Schedule 6 Reserved Schedule 7 Specific Items for Scope of Work Schedule 8 Site Diagram Schedule 9 Acknowledgment ofUoe:rades Schedule or Scope Change 4.Privacy. Purchaser acknowledges that the System may collect certain information about Purchaser's electricity usage and the System performance. Such information may be stored and processed in the United States or any other country in which Provider or its third-party service providers, or its or their respective affiliates, subsidiaries, or service providers, maintain facilities. Purchaser consents to any such transfer ofinformation outside of Purchaser's country. 5.Milestone Dates. 6. 5 .1 The Guaranteed Construction Start Date is 730 days from Effective Date provided that the Local Electric Utility is prepared to begin its construction on any required utility, (distribution or transmission), upgrades, if any, and the Purchaser has completed construction within the area of solar development (as indicted in Schedule 9). In the event that the Local Electric Utility is not prepared to commence construction on required upgrades, if any are required, or the Purchaser has not completed construction within the area of solar development, Provider will be allowed a day for day extension to the Guaranteed Construction Start Date, as defined in the General Terms and Conditions between the Parties. 5 .2 The Guaranteed Commercial Operation Date is: (i) 60 days from the date on which the Local Electric Utility authorizes Provider to schedule an inspection to energize the System after confirming completion of installation, and testing, or (ii) April 14, 2026, whichever occurs later. 5 .3 Extensions. The Guaranteed Construction Date and the Guaranteed Commercial Operation Date and related damages provisions and termination rights in Section 2 of the General Terms and Conditions, will be extended by the number of days, equal to the duration of delays in construction or the commencement of operation of the System due to Force Majeure Events, delays caused by the Local Electric Utility, provided any such delay is beyond the control of Provider and is not the result of the fault or negligence of Provider (including but not limited to Provider's failure to provide a timely, complete application to the Local Electric Utility or to respond to Local Electric Utility requests for information) {"Local Electric Utility Delay"), delays caused by the Authority Having Jurisdiction ("AHJ Delay"), or failure of Purchaser to timely perform its obligations hereunder. The number of days of such extension will be calculated from the date on which the Force Majeure Event, Local Electric Utility Delay, AHJ Delay, or Purchaser's failure to perform occurs, as long as Provider has given Purchaser, as applicable, (i) notice of the Force Majeure Event in accordance with Section 10.2 of the General Terms and Conditions, or (ii) prompt notice of any failure to perform or Local Electric Utility Delay or AHJ Delay that is delaying construction or commencement of operation of the System. Purchase Requirement: Energy Services Payment. "Energy Services' means the supply of electrical energy output from the System and any associated reductions in Purchaser's peak demand from its Local Electric Utility. Purchaser agrees to purchase one hundred percent {100%) of the Energy Services generated by the System and made available by Provider to Purchaser during each relevant month of the Term, up to a maximum of one hundred and ten percent (110%) of Estimated Annual Production, as defined in Schedule 4.While the Energy Services are calculated and billed on a per kWh basis as set forth in Schedule 2 of these Special Conditions, they represent a package of services and benefits. 2 CONFIDENTIAL AND PROPRIETARY 7.Net Energy Meteri.ng.7.1 The Parties acknowledge that the pricing assumes Net Energ y Metering (NEM) 2.0 for the Initial Term. If(i)Provider fails to submit interconnection applications by April 14, 2023, or (ii) prior to the CommercialOperation Date, (A) Provider fails to keep such interconnection applications in good standing such that theSystem would not be eligible for NEM 2.0, or (B) the CPUC issues a decision such that the System wouldnot be eligible for NEM 2.0 grandfathering for at least twenty (20) years, Purchaser may terminate thisAgreement with no liability whatsoever, including, but not limited to the Early Termination Fee. Theforegoing shall not apply to the extent Provider's failure is caused by an act or omission by Purchaser inconnection with Provider's submittal of interconnection applications.Provided, however, that in the event of a change in Applicable Law that occurs after the Commercial Operation Date and results in a loss ofNEM 2.0 grandfathering, Purchaser shall have no such termination right. Provided further that Purchaser shall ensure any correspondence with the Local Electric Utility regarding the tariff and changes to the interconnection agreement are promptly shared with Provider. 8.Estimated Annual Production. The annual estimate of electricity generated by the system for each year ofthe initial term is set as forth in Schedule 4 of the Special Conditions ("Estimated Annual Production').Within sixty (60) days of each annual anniversary of the Commercial Operation Date, Provider will providea statement to Purchaser that shows the actual annual kWh production from the System for the Term Year,the Estimated Annual Production, and the Minimum Guaranteed Output (defined below).9.Minimum Guaranteed Output. If the System fails to generate at least ninety-five percent (95%) of theEstimated Annual Production for a full Term Year (such amount, the "Minimum Guaranteed Output''), otherthan as a result of the acts or omissions of Purchaser or the Local Electric Utility (including a DisruptionPeriod), or an Event of Force Majeure, Provider shall credit Purchaser an amount equal to Purchaser's LostSavings on the next invoice or invoices during the following Term Year. The formula for calculating LostSavings for the applicable Term Year is as follows:Lost Savings = (MGO*WPR -AE) x RV MGO = Minimum Guaranteed Output, as measured in total kWh, for the System for the applicable Term Year. WPR = Weather Performance Ratio, measured as the ratio of the actual insolation over typical (pro­forma) insolation. Such Weather Performance Ratio shall only apply if the ratio is less than 1.00. AE = Actual Electricity, as measured in total kWh, delivered by the System for the Term Year plus the estimated lost energy production during a Disruption Period. RV = (ATP-kWh Rate) ATP = Average tariff price, measured in $/kWh, for the Term Year paid by Purchaser with respect to the Premises. This price is determined by dividing the total cost for delivered electricity, including all charges associated with such electricity howsoever named, including, without limitation, charges for distribution, transmission, demand, and systems benefits, paid to the Local Electric Utility during the applicable Term Year by the total amount of delivered electricity by the electric utility during such Term Year. kWh Rate = the kWh Rate in effect for the applicable Term Year(s), measured in $/kWh. If the RV is zero or less, then no Lost Savings payment is due to Purchaser. Any Lost Savings payment shall occur no later than sixty (60) days after the end of the Term Year during which such Lost Savings occurred. 3 CONFIDENTIAL AND PROPRIETARY 10.Allowed Disruption Time. Notwithstanding the provisions in Section 4.3 of the General Terms and Conditions to the contrary, during years 4 through 20 (but not years 1 through 3) of the Term, Purchaser shall be afforded a one-time allocation of fifteen (15) days which may be used consecutively or in separate periods of at least twenty-four (24) hours each ("Allowed Disruption Time") during which the System shall be rendered non-operational. Purchaser shall not be obligated to make payments to Provider for electricity not received during the Allowed Disruption Time, nor shall Purchaser be required to reimburse Provider for any other lost revenue during the Allowed Disruption Time, including any lost revenue associated with any reduced sales of Environmental Attributes, and Provider shall be credited for the estimated lost production the System would have produced during such Allowed Disruption Time toward satisfaction of its Minimum Guaranteed Output, as set forth in Section 8 of the Special Conditions, such estimated lost production to be calculated in the same manner as set forth in Section 4.3 of the General Conditions. 11.Distribution Upgrades, Scope and Schedule Changes. 11.1 For any distribution upgrades required or changes to the scope oflnstallation Work made pursuant to Schedule 2 of the Special Conditions, the Parties may execute an acknowledgment in the form attached hereto as Schedule 9 detailing (i) the description of the distribution upgrades or change in scope of the Installation Work (ii) the amount of the adjustment in the kWh Rate and Early Termination Fee that corresponds to such costs, if any (iii) changes to the Estimated Annual Production in Schedule IV, if any, and (iv) any change to the Guaranteed Construction Start Date and Guaranteed Commercial Operation Date resulting from such upgrades or scope changes; 11.2 For any day for day extensions made pursuant to Section 2.2(b) of the General Conditions, the Parties may execute an acknowledgment in the form attached hereto as Schedule 9 detailing (i) the circumstances that warrant such day for day extension and (ii) the updated Guaranteed Construction Start Date and/or Guaranteed Commercial Operation Date; 11.3 For any extensions that are not made pursuant to Section 2.2(b) of the General Conditions, Provider may request extensions to the Guaranteed Construction Start Date and/or Guaranteed Commercial Operation Date to the extent that Provider can demonstrate to Purchaser that Provider is seeking such extension for good cause. Purchaser in its sole discretion may approve such extension(s) by executing an acknowledgment in the form attached hereto as Schedule 9 on which Provider details (i)the circumstances for which Provider deems good cause for such extension(s), (ii) the actions that Provider is taking to complete the System on a schedule agreeable to the Purchaser and (iii) the updated Guaranteed Construction Start Date and/or Guaranteed Commercial Operation Date. For the avoidance of doubt, Purchaser designates Public Works Director as authorized to execute the acknowledgment form attached hereto as Schedule 9 provided the terms of such acknowledgment comply with this Section 11. 12.Sunlight Access. Purchaser will take all reasonable actions as necessary to prevent other buildings, structures or flora from overshadowing or otherwise blocking access of sunlight to the System. 13.Use of System. Purchaser will not use electrical energy generated by the System for the purposes of heating a swimming pool within the meaning of Section 48 of the Internal Revenue Code. 4 CONFIDENTIAL AND PROPRIETARY IN WITNESS WHEREOF and in confirmation of their consent to the terms and conditions contained in this Agreement and intending to be legally bound hereby, Provider and Purchaser have executed this Agreement as of the Effective Date. PROVIDER: FFP BTM SOLAR, LLC . ?utienronter By. R.ibenFontes[Jun20,202�0929PDTI Name: Ruben Fontes Title: President Date: 06/20/2024 5 PURCHASER: CITY OF ROHNERT PARK By:. __________ Name: M.o.rulA. f, �('GI. Title: C ;� M°""o..�«­Date: I. II. CONFIDENTIAL AND PROPRIETARY SCHEDULES Schedule 1 -Description of the Premises, System and Subsidy A.Premises 5409 Snyder Ln Rohnert Park, CA 94928 Site diagram attached: XYes □No Behind the meter, grid interconnected, canopy mounted solar. B.DescriQtion or Solar Svstem Solar System Size: 139.23 kW (DC) (this is an estimate (and not a guarantee) of the S ystem size; Provider may update the System Size prior to the Commercial Operation Date.) C.AnticiQated Subsidv or Rebate $0 Schedule 2 -Energv Services Payment Purchaser shall pay to Provider a monthly payment (the' Energy Services Paymen ') for the Energy Services provided by the System during each calendar month of the Term equal to the product of (x) Actual Monthly Production for the System for the relevant month multiplied by (y) the kWh Rate. The "Actual Monthly Production" means the amount of energy recorded by Provider's metering equipment during each calendar month of the Term. The kWh Rate with respect to the System under this Agreement shall be in accordance with the following schedule: PP A Rate Table Term kWh Rate Term $/kWh Rate Year ($/kWh) Year ($/kWh) I $0.3647 11 $0.3647 2 $0.3647 12 $0.3647 3 $0.3647 13 $0.3647 4 $0.3647 14 $0.3647 5 $0.3647 15 $0.3647 6 $0.3647 16 $0.3647 7 $0.3647 17 $0.3647 8 $0.3647 18 $0.3647 9 $0.3647 19 $0.3647 10 $0.3647 20 $0.3647 6 CONFIDENTIAL AND PROPRIETARY Distribution Upgrades. Within thirty (30) days of receipt of notice from the Local Electric Utility of distribution upgrade costs required by the Local Electric Utility, Purchaser will provide written notice ( email is acceptable) to Provider of Purchaser's election of one of the following options: a.Purchaser will pay the entire amount of such distribution upgrade costs, and the kWh rate as stated in PPA Rate Table will remain unchanged. Purchaser shall make payments directly to the Local Electric Utility in accordance with the requirements of the Local Electric Utility. b.For every $0.01 per watt DC of such distribu tion upgrade costs, the kWh rate in PPA Rate Table will increase $0.0009 per kWh. Scope Changes (ITC Eligible): If changes in project scope occur that are eligible for the Federal Investment Tax Credit (such as but not limited to adverse geotechnical conditions) and such additional scope and associated costs go beyond those contemplated as part of the development and implementation of the System in this Agreement, Provider will provide reasonable documentation demonstrating the direct and actual time and materials costs relating to such associated costs, and, within 30 days of receipt of notice from Provider reasonably substantiating the associated costs, Purchaser will provide written notice to Provider of Purchaser's election of one of the following options: a.Purchaser will pay the entire amount of such associated costs, and the kWh rate as stated in PPA Rate Table will remain unchanged. b.For every $0.01 per watt DC of such associated costs, the kWh rate in PPA Rate Table will increase $0.0007 per kWh. Scope Changes (Non-ITC Eligibte): If changes in project scope occur that are not eligible for the Federal Investment Tax Credit (such as but not limited to additional required ADA upgrades) and such additional scope and associated costs go beyond those contemplated as part of the development and implementation of the System in this Agreement, Provider will provide reasonable documentation demonstrating the direct and actual time and materials costs relating to such associated costs, and, within 30 days ofreceipt ofnotice from Provider reasonably substantiating the associated costs, Purchaser will provide written notice to Provider of Purchaser's election of one of the following options: c.Purchaser will pay the entire amount of such associated costs, and the kWh rate as stated in PPA Rate Table will remain unchanged. d.For every $0.01 per watt DC of such associated costs, the kWh rate in PPA Rate Table will increase $0.0011 per kWh. If the aggregate of costs set forth above for which Purchaser has elected to pay for via increased kWh Rate exceed the maximum total kWh Rate increase of$0.1446 the Provider has the option to terminate this Agreement and to remove the System pursuant to Section 2.4 of the General Conditions. In no event shall Purchaser be responsible for costs that exceed the stated kWh Rate increase. 7 III. CONFIDENTIAL AND PROPRIETARY Schedule 3 -Early Termination Fee The Early Termination Fee with respect to the System under this Agreement shall be calculated in accordance with the following: Early Column 1 Purchase Date Occurs on the Column 2 Termination Early Termination Fee 91 51 day following: Early Termination Fee Occurs in Year: where Purchaser does not take Title to the System ($/Wdc including costs of removal) l* $5.28 2 $4.86 3 $4.58 4 $4.38 5 $4.21 6 $4.03 7 $3.96 8 $3.88 9 $3.80 10 $3.71 11 $3.62 12 $3.52 13 $3.42 14 $3.32 15 $3.21 16 $3.09 17 $2.97 18 $2.85 19 $2.71 20 $2.57 (Each "Anniversary" below shall refer to the anniversary of the Commercial Operation Date) 5th Anniversary 6 th Anniversary 7th Anniversary 8th Anniversary 9th Anniversary 10th Anniversary 11th Anniversary 12th Anniversary 13th Anniversary 14 th Anniversary I 5th Anniversary 16th Anniversary 17th Anniversary 18th Anniversary 19th Anniversary where Purchaser takes Title to the System ($/Wdc, does not include costs of removal) ---------- $3.53 $3.46 $3.38 $3.30 $3.21 $3.12 $3.02 $2.92 $2.82 $2.71 $2.59 $2.47 $2.35 $2.21 $2.07 At Expiration (the end of the Initial Term), the amount in Column 1 shall be deemed to be zero (0). *Includes Early Termination prior to the Commercial Operation Date. IV.Schedule 4-Estimated Annual Production Estimated Annual Production commencing on the Commercial Operation Date with respect to System under this Agreement shall be as follows: Term Estimated Term Estimated Year Production Year Production (kWh) (kWh) I 205,921 11 195,854 2 204,892 12 194,874 3 203,867 13 193,900 4 202,848 14 192,931 5 201,834 15 191,966 6 200,824 16 191,006 7 199,820 17 190,051 8 198,821 18 189,101 9 197,827 19 188,155 10 196,838 20 187,215 8 CONFIDENTIAL AND PROPRIETARY The values set forth in the table above are estimates (and not guarantees), of approximately how many kWhs are expected to be generated annually by the System assuming the System size indicated in Schedule 1 and based on initial System designs. Provider may deliver to Purchaser an updated table on or about the Commercial Operation Date based on the actual System size and design. V.Schedule 5 -Notice Information Purchaser: City to fill in c;� c£ (l..o'n�er½-f�� A.Jrrf\·, c.i-\-� C\er� .... s oW,c� \ :,0 A-1roYV\ A..., U'\u.e. f2.o�'t'l u+ fo.c-�l (A Gt��c2S VI.Schedule 6 -Reserved Provider: FFP BTM Solar, LLC c/o Forefront Power, LLC Attn: Director, Energy Services 100 Montgomery St., Suite 725 San Francisco, CA 94104 With a copy to FFP BTM Solar, LLC c/o Forefront Power, LLC Attn: Legal Department 100 Montgomery St., Suite 725 San Francisco, CA 94104 Email: FPLegal@forefrontpower.com Financing Party: [To be provided by Provider when known] VII.Schedule 7 -Specific Items for Scope of Work 1.1. All System structures shall be permitted through the authority having jurisdiction as carports or shade structures, as applicable. Provider shall obtain permits on behalf of the project(s), including building department, structural, grading, and/or electrical permits as required. 1.2. Provider and Purchaser are operating under the assumption that the premises will be eligible for a CEQA Notice of Exemption (NOE), and that a special use, conditional use, or zoning permit will not be required. Provider assumes that Purchaser, as lead agency, will issue a Notice of Exemption for CEQA. Upon request, Provider shall provide such limited support as necessary to Purchaser to obtain the NOE, including, if necessary, biological study and associated consultant statement and summary citing exemptions applicable. Provider shall not be responsible for costs or delays associated with any unforeseen required CEQA studies, special use, conditional use, or zoning permits, or mitigations that may result from a CEQA submittal and public comment. 1.3. Purchaser will provide comprehensive review by all necessary stakeholders of all designs and submittals as requested by Provider in no more than 10 business days. Purchaser shall be responsible for cost and timeline impacts for any comments submitted after 10 business days. If Purchaser does not deliver any comments within 10 days, Provider shall construe this as acceptance and approval. 9 CONFIDENTIAL AND PROPRIETARY 1.4. Solar arrays will be canopy height of l O' minimum clearance and with a painted finish. 1.5. Provider shall be responsible for all tree trimming and tree removal in order to facilitate the installation of the Systems. Provider will remove tree such that area is flush with grade. Purchaser shall acknowledge and approve removal of trees identified by Provider, in order to install the system and such approval shall not be unreasonably withheld. Where tree removal will occur, Provider shall grind tree stumps to a maximum of 4 inches below grade. Purchaser shall be responsible for the costs associated with tree studies, arborist surveys, tree removal permits, afforestation, or reforestation for any trees removed. Purchaser can elect to address the additional scope itself, or require that Provider address it through the change order process described in Schedule 2. Irrigation re-routing shall not be the responsibility of the Provider. 1.6. Provider intends to interconnect the System to Purchaser-owned 208V service conductors or service equipment at a mutually agreeable location. Provider assumes that the existing conductors and service equipment are sufficiently capable of accepting the additional electrical load of the System and that any existing relay schema or protection settings are configurable to allow backfeed from generation sources. Provider shall not bear responsibility for any required upgrades to the pre-existing electrical system. Purchaser shall provide sufficient space for an interconnection transformer in a mutually-acceptable location. 1.7. Provider shall be responsible for all fees associated with the interconnection application, except that Provider shall not be responsible for transmission, distribution, network, or telecommunications upgrades determined necessary by the Local Electric Utility. 1.8. Provider shall be responsible for verifying and understanding existing ADA parking, striping, and paths of travel and what code-required upgrades may be necessary as a result of the System and any pre-existing non-compliance. Provider shall be responsible for all required ADA striping, signage within the solar canopy footprint and connecting to existing ADA-compliant path of travel. Provider's scope excludes any demolition, grading, paving, curb cuts, or truncated domes throughout the Premises to achieve ADA compliance, or any required ADA striping and signage outside of the solar canopy footprint and connecting to the existing ADA­compliant path of travel. Should any excluded items for ADA-compliance be required, Provider will work with Purchaser in good faith to determine a mutually-acceptable solution for Purchaser to pay the costs associated with such upgrades, including potentially an increase in the kWh rate in Schedule 2. 1.9. Provider excludes generator backup of Purchaser's electrical service during temporary service outage during interconnection of the System (up to 8 hours of shutdown, which can be planned to take place during off-hours). l. 10.Provider assumes no title and/or real estate risks, encumbrances or other limitations exist that would otherwise limit Provider's ability to access the site, install, own and operate the system. Provider assumes that all parcels encompassed by the site area recommended by Purchaser will be owned by Purchaser at time of development. 1. 11.Provider assumes that soil conditions are not such soils that are rocky, sandy, contaminated, ground water, caving, or otherwise have problematic construction limitations. Provider assumes no required shoring or de-watering for piers or trenches, and a maximum required pier depth of 1 O' and diameter of 30". If soil conditions prove to be more adverse than these assumptions, Provider shall not be responsible for such additional expenses. Provider shall work with Purchaser in good faith to determine a mutually acceptable solution for Purchaser to pay such additional costs, including potentially an increase in the kWh rate in Schedule 2. 1.12. Purchaser is responsible for unforeseen underground conditions including utilities not discoverable by industry standard methodologies. 10 CONFIDENTIAL AND PROPRIETARY 1.13. Provider agrees to construct the System in no more than 1 construction phase, and that Provider will be allowed ample space, to the extent that it is available, to store material on site. Provider assumes free access to the entire mobilized portion of the parking lot area for the full scope of work. 1.14. Provider shall be responsible for all inspection and inspector costs associated with the installation of the system. 1.15. Provider assumes a balanced site. Any spoils that result from the installation of the System are assumed to be spread on site. Provider shall not be responsible for exporting soils. Provider shall work with Purchaser in good faith to determine a mutually-acceptable solution for Purchaser to pay any such additional costs including potentially an increase in the kWh rate by exercising the Scope Changes (Non-ITC Eligible) rates in Schedule 2. 1.16. Provider assumes that existing grade is level and that no grading is required in support of System installation. 1.17. Provider assumes that there is a water source on site, and available for Provider's use. 1.18. Provider assumes Risk Level I Best Management Practices as it relates to relevant Stormwater Protection Plan assumptions for the installation of the System. 11 VIII.Schedule 8 -Site Diagram 12 CONFIDENTIAL AND PROPRIETARY FOREFRONT ...,,,,.. NOT FOR CXlNSTRUCTION Rohnert Pan: Calllnan Sport:s and RtnenCenb!r CONFIDENTIAL AND PROPRIETARY IX.Schedule 9-Acknowledgment of Upgrades, Schedule or Scope Change pgrades, Scope and/or Schedule Change Acknowledgment This Acknowledgment is made in accordance with Section 10 of the Special Conditions, as defined in that Energy Service Agreement-[Solar], between [PURCHASER] ("Purchaser") and FFP BTM Solar, LLC ("Provider"), dated .__ __ _, 20 __] (the "Agreement"). Upon execution by both Purchaser and Provider, this Acknowledgment shall be effective as of [INSERT DATE] (the "Acknowledgment Effective Date"). 1.Type of Change: 2. D Distribution Upgrades □Scope Changes (ITC Eligible)D Sc ope Changes (Non-ITC Eligible)D Day for Day ExtensionD Extension for Good Cause Description ofChange (INSERT DESCRIPTION AND IF PROVIDER SEEKING EXTENSION FOR GOOD CAUSE, PROVIDER TO DETAIL CIRCUMSTANCES AND ACTIONS PROVIDER IS TAKING TO COMPLETE SYSTEM ON AGR EED UPON SCHEDULE] 3.kWh Rate and Early Termination Fee [IF NO IMPACT TO RATE OR ETF THEN DELETE] (INSERT UPDATED KWH RA TE AND EARLY TERMINATION FEE TABLE] 4.Estimated Annual Production [IF NO IMPACT TO ESTIMATED ANNUAL PRODUCTION THEN DELETE] [INSERT UPDATED SCHEDULE 4 ESTIMATED ANNUAL PRODUCTION TABLE] 5. pdated Guaranteed Construction Start Date and Guaranteed Commercial Operation Date (IF NO IMPACT TO CLIFF DATES THEN DELETE] The Parties hereby agree that the Guaranteed Construction Start Date and the Guaranteed Commercial Operation Date as defined in the Agreement are updated as follows: Guaranteed Construction Start Date: [.__ ___ �] Guaranteed Commercial Operation Date: �[ ___ _ The Parties hereby acknowledge and confirm the terms set forth herein as of the Acknowledgment Effective Date. [PURCHASER] FFP BTM Solar, LLC By: By: Name: Name: Title: Title: 13 City of Rohnert Park - Callinan -ForeFront Power Final Audit Report Created: By: Status: Transaction ID: 2024-06-19 Kelsey Nguyen (kbracewell@rpcity.org) Signed CBJCHBCAABAAMHl6PC2hMlsUDS1 qhVpJDvXIG1 bXNQ9m 2024-06-20 "City of Rohnert Park -Callinan -ForeFront Power" History 'El Document created by Kelsey Nguyen (kbracewell@rpcity.org) 2024-06-19-0:20:08 AM GMT 12.Document emailed to Ruben Fontes (rfontes@forefrontpower.com) for signature 2024-06-19-0:20:13 AM GMT 'El Email viewed by Ruben Fontes (rfontes@forefrontpower.com) 2024-06-19 -0:21 :05 AM GMT 0'8 Document e-signed by Ruben Fontes (rfontes@forefrontpower.com) Signature Date: 2024-06-20-4:29:14 PM GMT -Time Source: server 0 Agreement completed. 2024-06-20 -4:29:14 PM GMT fJ Adobe Acrobat Sign ENERGY SERVICES AGREEMENT-SOLAR Spreckels Performing Arts Center This Energy Services Agreement ("Agreement") is made and entered into as of this .a.S""day of J11..V1e,., 2024 (or, if later, the latest date of a Party's execution and delivery to the other Party of this Agreement, the "Effective Date"), between FFP BTM SOLAR, LLC, a Delaware limited liability company ("Provider"), and City of Rohnert Park, A Municipal Corporation ("Purchaser"; and, together with Provider, each, a "Party" and together, the "Parties"). A. B. C. D. E. F. RECITALS Purchaser desires that Provider install and operate a solar photovoltaic system at the Premises (as hereafter defined) for the purpose of providing Energy Services (as hereafter defined), and Provider is willing to have the Installation Work performed by using one or more qualified contractors holding the appropriate licenses required in the jurisdiction where the System will be installed; Provider is in the business of designing, constructing, owning, financing, and operating solar photovoltaic systems for the purpose of selling power generated by the systems to its purchasers; California Government Code sections 4217. l O et seq. authorizes a public entity to enter into energy service contracts, facility financing contracts, and related agreements to implement the State's conservation and alternative energy supply source policy; Purchaser's governing body has made those findings required by Government Code section 4217.12 that the anticipated cost to the Purchaser for Energy Services provided by the System under this Agreement is expected to be less than the anticipated marginal cost to the Purchaser of electrical energy that would have been consumed by Purchaser in the absence of its purchase of the Energy Services; Provider and Purchaser acknowledged those certain General Terms and �ditions of Energy Services Agreement between FFP BTM Solar, LLC and Purchaser dated as of�11.11&-, 2024 ("General Terms and Conditions"), which are incorporated by reference as set forth herein; and The terms and conditions of this Energy Services Agreement, excluding the General Terms and Conditions incorporated herein, constitute the "Special Conditions' referred to in the General Terms and Conditions. In consideration of the mutual promises set forth below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: I.Incorporation of General Terms and Conditions. The General Terms and Conditions are incorporated hereinas if set forth in their entirety. 2.Initial Term. The initial term of this Agreement shall commence on the Effective Date and shall continue for Twenty (20) years from the Commercial Operation Date (as defined in the General Terms and Conditions), unless and until extended or terminated earlier pursuant to the provisions of this Agreement (the "Initial Term"). After the Initial Term, this Agreement may be renewed for an additional five (5) year term (a "Renewal Term"). At least one hundred and eighty (180) days, but no more than three hundred and sixty­ five (365) days, prior to the expiration of the Initial Term, Provider shall give written notice to Purchaser of the availability of the Renewal Term. Purchaser shall have sixty (60) days to agree to continuation of this Agreement for the Renewal Term. Absent agreement to the Renewal Term this Agreement shall expire on the Expiration Date. The Initial Term and the subsequent Renewal Term, if any, are referred to collectively as the "Term". 3.Schedules. The following Schedules hereto are hereby incorporated into this Agreement: CONFIDENTIAL AND PROPRIETARY Schedule 1 Description of the Premises, System and Subsidy Schedule 2 Energy Services Payment Schedule 3 Early Termination Fee Schedule 4 Estimated Annual Production Schedule 5 Notice Information Schedule 6 Reserved Schedule 7 Specific Items for Scope of Work Schedule 8 Site Diagram Schedule 9 Acknowledgment of Upgrades, Schedule or Scope Change 4.Privacy. Purchaser acknowledges that the System may collect certain information about Purchaser's electricity usage and the System performance. Such information may be stored and processed in the United States or any other country in which Provider or its third-party service providers, or its or their respective affiliates, subsidiaries, or service providers, maintain facilities. Purchaser consents to any such transfer of information outside of Purchaser's country. 5.Milestone Dates. 5.1 The Guaranteed Construction Start Date is 730 days from Effective Date provided that the Local Electric Utility is prepared to begin its construction on any required utility, ( distribution or transmission), upgrades, if any, and the Purchaser has completed construction within the area of solar development (as indicted in Schedule 9). In the event that the Local Electric Utility is not prepared to commence construction on required upgrades, if any are required, or the Purchaser has not completed construction within the area of solar development, Provider will be allowed a day for day extension to the Guaranteed Construction Start Date, as defined in the General Terms and Conditions between the Parties. 5.2 The Guaranteed Commercial Operation Date is: (i) 60 days from the date on which the Local Electric Utility authorizes Provider to schedule an inspection to energize the System after confirming completion of installation, and testing, or (ii) April 14, 2026, whichever occurs later. 5 .3 Extensions. The Guaranteed Construction Date and the Guaranteed Commercial Operation Date and related damages provisions and termination rights in Section 2 of the General Terms and Conditions, will be extended by the number of days, equal to the duration of delays in construction or the commencement of operation of the System due to Force Majeure Events, delays caused by the Local Electric Utility, provided any such delay is beyond the control of Provider and is not the result of the fault or negligence of Provider (including but not limited to Provider's failure to provide a timely, complete application to the Local Electric Utility or to respond to Local Electric Utility requests for information) ("Local Electric Utility Delay"), delays caused by the Authority Having Jurisdiction ("AHJ Delay"), or failure of Purchaser to timely perform its obligations hereunder. The number of days of such extension will be calculated from the date on which the Force Majeure Event, Local Electric Utility Delay, AHJ Delay, or Purchaser's failure to perform occurs, as long as Provider has given Purchaser, as applicable, (i) notice of the Force Majeure Event in accordance with Section 10.2 of the General Terms and Conditions, or (ii) prompt notice of any failure to perform or Local Electric Utility Delay or AHJ Delay that is delaying construction or commencement of operation of the System. 6.Purchase Requirement; Energy Services Payment. "Energy Services" means the supply of electrical energy output from the System and any associated reductions in Purchaser's peak demand from its Local Electric Utility. Purchaser agrees to purchase one hundred percent (100%) of the Energy Services generated by the System and made available by Provider to Purchaser during each relevant month of the Term, up to a maximum of one hundred and ten percent (110%) of Estimated Annual Production, as defined in Schedule 4.While the Energy Services are calculated and billed on a per kWh basis as set forth in Schedule 2 of these Special Conditions, they represent a package of services and benefits. 7.et Energy Metering. 2 8. 9. 10. CONFIDENTIAL AND PROPRIETARY 7.1 The Parties acknowledge that the pricing assumes Net Energy Metering (NEM) 2.0 for the Initial Term. If (i)Provider fails to submit interconnection applications by April 14, 2023, or (ii) prior to the CommercialOperation Date, (A) Provider fails to keep such interconnection applications in good standing such that theSystem would not be eligible for NEM 2.0, or (8) the CPUC issues a decision such that the System wouldnot be eligible for NEM 2.0 grandfathering for at least twenty (20) years, Purchaser may terminate thisAgreement with no liability whatsoever, including, but not limited to the Early Termination Fee. Theforegoing shall not apply to the extent Provider's failure is caused by an act or omission by Purchaser inconnection with Provider's submittal of interconnection applications.Provided, however, that in the event of a change in Applicable Law that occurs after the Commercial Operation Date and results in a loss ofNEM 2.0 grandfathering, Purchaser shall have no such termination right. Provided further that Purchaser shall ensure any correspondence with the Local Electric Utility regarding the tariff and changes to the interconnection agreement are promptly shared with Provider. Estimated Annual Production. The annual estimate of electricity generated by the system for each year of the initial term is set as forth in Schedule 4 of the Special Conditions ("Estimated Annual Production"). Within sixty (60) days of each annual anniversary of the Commercial Operation Date, Provider will provide a statement to Purchaser that shows the actual annual kWh production from the System for the Term Year, the Estimated Annual Production, and the Minimum Guaranteed Output (defined below). Minimum Guaranteed Output. If the System fails to generate at least ninety-five percent (95%) of the Estimated Annual Production for a full Term Year (such amount, the "Minimum Guaranteed Output'), other than as a result of the acts or omissions of Purchaser or the Local Electric Utility (including a Disruption Period), or an Event of Force Majeure, Provider shall credit Purchaser an amount equal to Purchaser's Lost Savings on the next invoice or invoices during the following Term Year. The formula for calculating Lost Savings for the applicable Term Year is as follows: Lost Savings = (MGO*WPR -AE) x RV MGO = Minimum Guaranteed Output, as measured in total kWh, for the System for the applicable Term Year. WPR = Weather Performance Ratio, measured as the ratio of the actual insolation over typical (pro­forma) insolation. Such Weather Performance Ratio shall only apply if the ratio is less than 1.00. AE = Actual Electricity, as measured in total kWh, delivered by the System for the Term Year plus the estimated lost energy production during a Disruption Period. RV= (ATP -kWh Rate) ATP= Average tariff price, measured in $/kWh, for the Term Year paid by Purchaser with respect to the Premises. This price is determined by dividing the total cost for delivered electricity, including all charges associated with such electricity howsoever named, including, without limitation, charges for distribution, transmission, demand, and systems benefits, paid to the Local Electric Utility during the applicable Term Year by the total amount of delivered electricity by the electric utility during such Term Year. kWh Rate = the kWh Rate in effect for the applicable Term Year(s), measured in $/kWh. If the RV is zero or less, then no Lost Savings payment is due to Purchaser. Any Lost Savings payment shall occur no later than sixty (60) days after the end of the Term Year during which such Lost Savings occurred. Allowed Disruption Time. Notwithstanding the provisions in Section 4.3 of the General Terms and Conditions to the contrary, during years 4 through 20 (but not years I through 3) of the Term, Purchaser shall be afforded a one-time allocation of fifteen (15) days which may be used consecutively or in separate periods 3 11. CONFIDENTIAL AND PROPRIETARY of at least twenty-four (24) hours each (' Allowed Disruption Time") during which the System shall be rendered non-operational. Purchaser shall not be obligated to make payments to Provider for electricity not received during the Allowed Disruption Time, nor shall Purchaser be required to reimburse Provider for any other lost revenue during the Allowed Disruption Time, including any lost revenue associated with any reduced sales of Environmental Attributes, and Provider shall be credited for the estimated lost production the System would have produced during such Allowed Disruption Time toward satisfaction of its Minimum Guaranteed Output, as set forth in Section 8 of the Special Conditions, such estimated lost production to be calculated in the same manner as set forth in Section 4.3 of the General Conditions. Distribution Upgrades. Scope and Schedule Changes. 11.1 For any distribution upgrades required or changes to the scope oflnstallation Work made pursuant to Schedule 2 of the Special Conditions, the Parties may execute an acknowledgment in the form attached hereto as Schedule 9 detailing (i) the description of the distribution upgrades or change in scope of the Installation Work (ii) the amount of the adjustment in the kWh Rate and Early Termination Fee that corresponds to such costs, if any (iii) changes to the Estimated Annual Production in Schedule IV, if any, and (iv) any change to the Guaranteed Construction Start Date and Guaranteed Commercial Operation Date resulting :from such upgrades or scope changes; 11.2 For any day for day extensions made pursuant to Section 2.2(b) of the General Conditions, the Parties may execute an acknowledgment in the form attached hereto as Schedule 9 detailing (i) the circumstances that warrant such day for day extension and (ii) the updated Guaranteed Construction Start Date and/or Guaranteed Commercial Operation Date; 11.3 For any extensions that are not made pursuant to Section 2.2(b) of the General Conditions, Provider may request extensions to the Guaranteed Construction Start Date and/or Guaranteed Commercial Operation Date to the extent that Provider can demonstrate to Purchaser that Provider is seeking such extension for good cause. Purchaser in its sole discretion may approve such extension(s) by executing an acknowledgment in the form attached hereto as Schedule 9 on which Provider details (i)the circumstances for which Provider deems good cause for such extension(s), (ii) the actions that Provider is taking to complete the System on a schedule agreeable to the Purchaser and (iii) the updated Guaranteed Construction Start Date and/or Guaranteed Commercial Operation Date. For the avoidance of doubt, Purchaser designates Public Works Director as authorized to execute the acknowledgment form attached hereto as Schedule 9 provided the terms of such acknowledgment comply with this Section 11. 12.Sunlight Access. Purchaser will take all reasonable actions as necessary to prevent other buildings, structures or flora from overshadowing or otherwise blocking access of sunlight to the System. 13.Use of System. Purchaser will not use electrical energy generated by the System for the purposes of heating a swimming pool within the meaning of Section 48 of the Internal Revenue Code. 4 CONFIDENTIAL AND PROPRIETARY IN WITNESS WHEREOF and in confirmation of their consent to the terms and conditions contained in this Agreement and intending to be legally bound hereby, Provider and Purchaser have executed this Agreement as of the Effective Date. PROVIDER: FFP BTM SOLAR, LLC . 'Ruken ronter By. Ruben Fontes [Jun 20,2024 09 29 POT! Name: Ruben FontesTitle: PresidentDate: 06/20/2024 5 PURCHASER: CITY OF ROHNERT PARK By: _________ _ Name: Morc.c.\., ��1"'a. Title: C\� M��er Date: I. II. CONFIDENTIAL AND PROPRIETARY SCHEDULES Schedule 1 -Description of the Premises, Svstem and Subsidy A.Premises 5405 Snyder Ln Rohnert Park, CA 94928 Site diagram attached: XYes □No Behind the meter, grid interconnected, canopy mounted solar. B.Dcscri�tion of Solar System Solar System Size: 286.65 kW (DC) (this is an estimate (and not a guarantee) of the System size; Provider may update the System Size prior to the Commercial Operation Date.) C.Antici�ated S11bsidy or Rebate $0 Schedule 2 -Energy Services Payment Purchaser shall pay to Provider a monthly payment (the "Energy Services Payment') for the Energy Services provided by the System during each calendar month of the Term equal to the product of(x) Actual Monthly Production for the System for the relevant month multiplied by (y) the kWh Rate. The "Actual Monthly Production' means the amount of energy recorded by Provider's metering equipment during each calendar month of the Term. The kWh Rate with respect to the System under this Agreement shall be in accordance with the following schedule: PP A Rate Table Term kWh Rate Term $/kWh Rate Year ($/kWh) Year ($/kWh) 1 $0.2930 11 $0.2930 2 $0.2930 12 $0.2930 3 $0.2930 13 $0.2930 4 $0.2930 14 $0.2930 5 $0.2930 15 $0.2930 6 $0.2930 16 $0.2930 7 $0.2930 17 $0.2930 8 $0.2930 18 $0.2930 9 $0.2930 19 $0.2930 10 $0.2930 20 $0.2930 6 CONFIDENTIAL AND PROPRIETARY Distribution Upgrades. Within thirty (30) days ofreceipt ofnotice from the Local Electric Utility of distribution upgrade costs required by the Local Electric Utility, Purchaser will provide written notice (email is acceptable) to Provider of Purchaser's election ofone of the following options: a.Purchaser will pay the entire amount of such distribution upgrade costs, and the kWh rate as stated in PPA Rate Table will remain unchanged. Purchaser shall make payments directly to the LocalElectric Utility in accordance with the requirements of the Local Electric Utility. b.For every $0.01 per watt DC of such distribution upgrade costs, the kWh rate in PPA Rate Table will increase $0.0009 per kWh. Scope Changes {ITC Eligible): If changes in project scope occur that are eligible for the Federal Investment Tax Credit (such as but not limited to adverse geotechnical conditions) and such additional scope and associated costs go beyond those contemplated as part of the development and implementation of the System in this Agreement, Provider will provide reasonable documentation demonstrating the direct and actual time and materials costs relating to such associated costs, and, within 30 days of receipt of notice from Provider reasonably substantiating the associated costs, Purchaser will provide written notice to Provider of Purchaser's election of one of the following options: a.Purchaser will pay the entire amount of such associated costs, and the kWh rate as stated in PPA Rate Table will remain unchanged. b.For every $0.0 I per watt DC of such associated costs, the kWh rate in PPA Rate Table will increase $0.0007 per kWh. Scope Changes (Non-ITC Eligible): If changes in project scope occur that are not eligible for the Federal Investment Tax Credit (such as but not limited to additional required ADA upgrades) and such additional scope and associated costs go beyond those contemplated as part of the development and implementation of the System in this Agreement, Provider will provide reasonable documentation demonstrating the direct and actual time and materials costs'relating to such associated costs, and, within 30 days ofreceipt of notice from Provider reasonably substantiating the associated costs, Purchaser will provide written notice to Provider of Purchaser's election of one of the following options: c.Purchaser will pay the entire amount of such associated costs, and the kWh rate as stated in PPA Rate Table will remain unchanged. d.For every $0.01 per watt DC of such associated costs, the kWh rate in PPA Rate Table will increase $0.0010 per kWh. If the aggregate of costs set forth above for which Purchaser has elected to pay for via increased kWh Rate exceed the maximum total kWh Rate increase of$0.0761 the Provider has the option to terminate this Agreement and to remove the System pursuant to Section 2.4 of the General Conditions. In no event shall Purchaser be responsible for costs that exceed the stated kWh Rate increase. 7 III. CONFIDENTIAL AND PROPRIETARY Schedule 3 -Early Termination Fee The Early Tennination Fee with respect to the System under this Agreement shall be calculated in accorda nce with the following: Early Column 1 Purchase Date Occurs on the Column 2 Termination Early Termination Fee 91 51 day following: Early Termination Fee Occurs in Year: where Purchaser does not take Title to the System ($/Wdc including costs of removal) l* $7.38 2 $6.81 3 $6.16 4 $5.61 5 $5.11 6 $4.62 7 $4.52 8 $4.45 9 $4.39 10 $4.33 II $4.26 12 $4.20 13 $4.13 14 $4.06 15 $3.99 16 $3.92 17 $3.85 18 $3.78 19 $3.70 20 $3.62 (Each "Anniversary" below shall refer to the anniversary of the Commercial Operation Date) 5th Anniversary 6th Anniversary 7 th Anniversary 8 th Anniversarv 9th Anniversary 10th Anniversary 11th Anniversary 12 th Anniversary 13th Anniversary 14 th Anniversary 15th Anniversary 16th Anniversary 17th Anniversary 18th Anniversary 19th Anniversary where Purchaser takes Title to the System ($/Wdc, does not include costs of removal) -------- $4.12 $4.02 $3.95 $3.89 $3.83 $3.76 $3.70 $3.63 $3.56 $3.49 $3.42 $3.35 $3.28 $3.20 $3.12 At Expiration (the end of the Initial Term), the amount in Column I shall be deemed to be zero (0). *Includes Early Tennination prior to the Commercial Operation Date. IV.Schedule 4-Estimated Annual Production Estimated Annual Production commencing on the Commercial Operation Date with respect to System under thi s Agreement shall be as follows: Term Estimated Term Estimated Year Production Year Production (kWh) (kWh) I 414,783 11 394,504 2 412,709 12 392,531 3 410,645 13 390,569 4 408,592 14 388,616 5 406,549 15 386,673 6 404,516 16 384,739 7 402,494 17 382,816 8 400,481 18 380,902 9 398,479 19 378,997 10 396,486 20 377,102 8 CONFIDENTIAL AND PROPRIETARY The values set forth in the table above are estimates (and not guarantees), of approximately how many kWhs are expected to be generated annually by the System assuming the System size indicated in Schedule 1 and based on initial System designs. Provider may deliver to Purchaser an updated table on or about the Commercial Operation Date based on the actual System size and design. V.Schedule 5 -Notice Information Purchaser: City to fill in C,� rR �"°'"ct+ �o..e-� �-. c�� C.\ec-�'s �u. , ;o 1'N rMY\ A\JCJ/\ \AL. �¼�err \>o.r-\c:., cA C\'iC\a.e VI.Schedule 6-Reserved Provider: FFP BTM Solar, LLC c/o Forefront Power, LLC Attn: Director, Energy Services 100 Montgomery St., Suite 725 San Francisco, CA 94104 With a copy to FFP BTM Solar, LLC c/o Forefront Power, LLC Attn: Legal Department 100 Montgomery St., Suite 725 San Francisco, CA 94104 Email: FPLegal@forefrontpower.com Financing Party: [To be provided by Provider when known] VII.Schedule 7 -Specific Items for Scope of Work1.1. All System structures shall be permitted through the authority having jurisdiction as carports or shade structures, as applicable. Provider shall obtain permits on behalf of the project(s), including building department, structural, grading, and/or electrical permits as required. 1.2. Provider and Purchaser are operating under the assumption that the premises will be eligible for a CEQA Notice of Exemption (NOE), and that a special use, conditional use, or zoning permit will not be required. Provider assumes that Purchaser, as lead agency, will issue a Notice of Exemption for CEQA. Upon request, Provider shall provide such limited support as necessary to Purchaser to obtain the NOE, including, if necessary, biological study and associated consultant statement and summary citing exemptions applicable. Provider shall not be responsible for costs or delays associated with any unforeseen required CEQA studies, special use, conditional use, or zoning permits, or mitigations that may result from a CEQA submittal and public comment. 1.3. Purchaser will provide comprehensive review by all necessary stakeholders of all designs and submittals as requested by Provider in no more than 10 business days. Purchaser shall be responsible for cost and timeline impacts for any comments submitted after 10 business days. If Purchaser does not deliver any comments within 10 days, Provider shall construe this as acceptance and approval. 9 CONFIDENTIAL AND PROPRIETARY l.4.Solar arrays will be canopy height of 10' minimum clearance and with a painted finish. 1.5. Provider shall be responsible for all tree trimming and tree removal in order to facilitate the installation of the Systems. Provider will remove tree such that area is flush with grade. Purchaser shall acknowledge and approve removal of trees identified by Provider, in order to install the system and such approval shall not be unreasonably withheld. Where tree removal will occur, Provider shall grind tree stumps to a maximum of 4 inches below grade. Purchaser shall be responsible for the costs associated with tree studies, arborist surveys, tree removal permits, afforestation, or reforestation for any trees removed. Purchaser can elect to address the additional scope itself, or require that Provider address it through the change order process described in Schedule 2. Irrigation re-routing shall not be the responsibility of the Provider. 1.6. Provider intends to interconnect the System to Purchaser-owned 480V service conductors or service equipment at a mutually agreeable location. Provider assumes that the existing conductors and service equipment are sufficiently capable of accepting the additional electrical load of the System and that any existing relay schema or protection settings are configurable to allow backfeed from generation sources. Provider shall not bear responsibility for any required upgrades to the pre-existing electrical system. 1. 7.Provider shall be responsible for all fees associated with the interconnection application, except that Provider shall not be responsible for transmission, distribution, network, or telecommunications upgrades determined necessary by the Local Electric Utility. 1.8. Provider shall be responsible for verifying and understanding existing ADA parking, striping, and paths of travel and what code-required upgrades may be necessary as a result of the System and any pre-existing non-compliance. Provider shall be responsible for all required ADA striping, signage within the solar canopy footprint and connecting to existing ADA-compliant path of travel. Provider's scope excludes any demolition, grading, paving, curb cuts, or truncated domes throughout the Premises to achieve ADA compliance, or any required ADA striping and signage outside of the solar canopy footprint and connecting to the existing ADA­ compliant path of travel. Should any excluded items for ADA-compliance be required, Provider will work with Purchaser in good faith to determine a mutually-acceptable solution for Purchaser to pay the costs associated with such upgrades, including potentially an increase in the kWh rate in Schedule 2. 1.9. Provider excludes generator backup of Purchaser's electrical service during temporary service outage during interconnection of the System (up to 8 hours of shutdown, which can be planned to take place during off-hours). 1.10. Provider assumes no title and/or real estate risks, encumbrances or other limitations exist that would otherwise limit Provider's ability to access the site, install, own and operate the system. Provider assumes that all parcels encompassed by the site area recommended by Purchaser will be owned by Purchaser at time of development. 1.11. Provider assumes that soil conditions are not such soils that are rocky, sandy, contaminated, ground water, caving, or otherwise have problematic construction limitations. Provider assumes no required shoring or de-watering for piers or trenches, and a maximum required pier depth of 10' and diameter of30". If soil conditions prove to be more adverse than these assumptions, Provider shall not be responsible for such additional expenses. Provider shall work with Purchaser in good faith to determine a mutually acceptable solution for Purchaser to pay such additional costs, including potentially an increase in the kWh rate in Schedule 2. 1.12. Purchaser is responsible for unforeseen underground conditions including utilities not discoverable by industry standard methodologies. CONFIDENTIAL AND PROPRIETARY 1.13. Provider agrees to construct the System in no more than I construction phase, and that Provider will be allowed ample space, to the extent that it is available, to store material on site. Provider assumes free access to the entire mobilized portion of the parking lot area for the full scope of work. 1.14. Provider shall be responsible for all inspection and inspector costs associated with the installation of the system. 1.15. Provider assumes a balanced site. Any spoils that result from the installation of the System are assumed to be spread on site. Provider shall not be responsible for exporting soils. Provider shall work with Purchaser in good faith to determine a mutually-acceptable solution for Purchaser to pay any such additional costs including potentially an increase in the kWh rate by exercising the Scope Changes (Non-ITC Eligible) rates in Schedule 2. 1.16. Provider assumes that existing grade is level and that no grading is required in support of System installation. 1.17. Provider assumes that there is a water source on site, and available for Provider's use. 1.18. Provider assumes Risk Level I Best Management Practices as it relates to relevant Stormwater Protection Plan assumptions for the installation of the System. 11 VIII.Schedule 8 - Site Diagram 12 CONFIDENTIAL AND PROPRIETARY FOREFRONT -· -�_jJ-f4,_ 1Ur1-,ut:.1o-, �--- NOT FOR CONSTRUCTION Rohn,rt Pal1c ta.Onan Sporu a Flfnf!u c.nur tNtM •Al CONFIDENTIAL AND PROPRIETARY IX.Schedule 9 -Acknowledgment of Upgrades. Schedule or Scope Change Upgrades, Scope and/or Schedule Change Acknowledgment This Acknowledgment is made in accordance with Section 10 of the Special Conditions, as defined in that Energy Service Agreement-[Solar], between [PURCHASER] ("Purchaser") and FFP BTM Solar, LLC ("Provider"), dated �---• 20__] (the "Agreement"). Upon execution by both Purchaser and Provider, this Acknowledgment shall be effective as of[INSERT DATE] (the "Acknowledgment Effective Date"). l. Type of Change: 2. D Distribution Upgrades 0 Scope Changes (ITC Eligible) D Scope Changes (Non-ITC Eligible) D Day for Day Extension D Extension for Good Cause Description of Change [INSERT DESCRIPTION AND IF PROVIDER SEEKING EXTENSION FOR GOOD CAUSE, PROVIDER TO DETAIL CIRCUMSTANCES AND ACTIONS PROVIDER IS TAKING TO COMPLETE SYSTEM ON AGREED UPON SCHEDULE] 3.kWh Rate and Early Termination Fee [IF NO IMP ACT TO RA TE OR ETF THEN DELETE] [INSERT UPDATED KWH RA TE AND EARLY TERMINATION FEE TABLE] 4.Estimated Annual Production [IF NO IMPACT TO ESTIMATED ANNUAL PRODUCTION THEN DELETE] [INSERT UPDATED SCHEDULE 4 ESTIMATED ANNUAL PRODUCTION TABLE] 5.Updated Guaranteed Construction Start Date and Guaranteed Commercial Operation Date [IF NO IMPACT TO CLIFF DA TES THEN DELETE] The Parties hereby agree that the Guaranteed Construction Start Date and the Guaranteed Commercial Operation Date as defined in the Agreement are updated as follows: Guaranteed Construction Start Date: [�---� Guaranteed Commercial Operation Date: �[ ---� The Parties hereby acknowledge and confirm the terms set forth herein as of the Acknowledgment Effective Date. [PURCHASER] FFP BTM Solar, LLC By: By: Name: Name: Title: Title: 13 City of Rohnert Park - Spreckels -ForeFront Power Final Audit Report Created: By: Status: Transaction ID: 2024-06-19 Kelsey Nguyen (kbracewell@rpcity.org) Signed CBJCHBCAABAAbgr _ 1 TlkHBSSmlYudchbgcy2zFiDptF 1 2024-06-20 "City of Rohnert Park -Spreckels -ForeFront Power" History � Document created by Kelsey Nguyen (kbracewell@rpcity.org) 2024-06-19-0:21:54 AM GMT IR. Document emailed to Ruben Fontes (rfontes@forefrontpower.com) for signature 2024-06-19 -0:21 :59 AM GMT � Email viewed by Ruben Fontes (rfontes@forefrontpower.com) 2024-06-19-0:22:49 AM GMT � Document e-signed by Ruben Fontes (rfontes@forefrontpower.com) Signature Date: 2024-06-20 -4:29:51 PM GMT - Time Source: server 0 Agreement completed. 2024-06-20 -4:29:51 PM GMT II Adobe Acrobat Sign From:Lisa Wittke Schaffner To:Public Comment Subject:Thank you. Date:Monday, December 9, 2024 2:37:39 PM EXTERNAL EMAIL Good afternoon. We wanted to take the time to thank the Rohnert Park City Council and Staff for a productive and exciting year. The North Coast Builders Exchange works hard on behalf of our members and their clients, and we find the culture at Rohnert Park to be a great partnership. A special thank you to Mayor Adams for all your work this year and good luck to incoming Mayor Giudice. We look forward to continued collaboration and success in 2025. Happy Holidays. Lisa Lisa Wittke Schaffner Chief Executive Officer M: 707.484.7805 lisa@ncbeonline.com 2024 Year In Rohnert Park Link here: https://www.youtube.com/watch?v=qbSKVgUCmow