Rocklin City Council
August 26, 2025

AMENDMENT #1
TO
CONTRACT # 020124-SEW

THIS AMENDMENT is effective upon the date of the last signature below by and between Sourcewell and Sea-Western Inc. (Supplier).

Sourcewell awarded a contract to Supplier to provide Firefighting Equipment and Rescue Tools with Related Supplies and Accessories with Related Services to Sourcewell and its Participating Entities, effective April 4, 2024, through April 4, 2028 (Contract).

The parties wish to amend the contract to update Suppliers pricing strategy.

NOW, THEREFORE, the parties amend the Contract as follows:

Line item 57 of “Table 11: Pricing and Delivery” of the Proposal is deleted in its entirety and replaced with the following:

Supplier will provide a discount off manufacturer List/MSRP as the Sourcewell price as detailed under the Sourcewell Discount Structure 020124-SEW and will provide current manufacturer full price lists upon request.

Except as amended by this Amendment, the Contract remains in full force and effect.

Sourcewell Sea-Western Inc.

B y : B y :

Jeremy Schwartz, Chief Operating Officer Troy Enright, Director of Operations

D a t e : D a t e :












 
















226
SeaWestern Discount Structure for Sourcewell RFP 020124-SEW Key Hose 55% discount off list
Elkhart Brass 40% discount off list
Chemguard Foam 54% discount off list
Blowhard Fans 10% discount off list
Holmatro 4% discount off list
Teledyne FLIR 5% discount off list
3M Scott 25% discount off list
Leatherhead Tools 32% discount off list
Junkyard Dog 2% discount off list
Fire Innovations 5% discount off list
Blackline Safety 1% discount off list
Rescue Intellitech – Solo Washer 3% discount off list
Circul-Air 5% discount off list
Fire Hooks Unlimited 2% discount off list
Red Head Brass 20% discount off list
SeaWestern Fire Apparatus Inc 10% discount off list
227
H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Contract - Motorola Solutions, Inc. - Public Services - ID: 7290

MOTOROLA GENERAL PROVISIONS

This Master Agreement is made and entered into, by and between the Houston-Galveston Area Council hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027 and Motorola Solutions, Inc., hereinafter referred to as the Contractor, having its principal place of business at 500 West Monroe Street, Chicago, IL 60661.

WITNESSETH:

WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the specifications of the Master Agreement; and

WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of the Master Agreement;

NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows:

ARTICLE 1: LEGAL AUTHORITY
The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into this Master Agreement. The Contractor's governing body, where applicable, has authorized the signatory official(s) to enter into this Master Agreement and bind the Contractor to the terms of this Master Agreement and any subsequent amendments hereto.

ARTICLE 2: APPLICABLE LAWS
The Contractor agrees to conduct all activities under this Master Agreement in accordance with all federal laws, executive orders, policies, procedures, applicable rules, regulations, directives, standards, ordinances, and laws, in effect or promulgated during the term of this Master Agreement, including without limitation, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith.

ARTICLE 3: PUBLIC INFORMATION
Except as stated below, all materials submitted to H-GAC, including any attachments, appendices, or other information submitted as a part of a submission or Master Agreement, are considered public information, and become the property of H-GAC upon submission and may be reprinted, published, or distributed in any manner by H-GAC according to open records laws, requirements of the US Department of Labor and the State of Texas, and H-GAC policies and procedures. In the event the Contractor wishes to claim portions of the response are not subject to the Texas Public Information Act, it shall so; however, the determination of the Texas Attorney General as to whether such information must be disclosed upon a public request shall be binding on the Contractor. H- GAC will request such a determination only if Contractor bears all costs for preparation of the submission.

H-GAC is not responsible for the return of creative examples of work submitted. H-GAC will not be held accountable if material from submissions is obtained without the written consent of the contractor by parties other than H-GAC, at any time during the evaluation process.

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ARTICLE 4: INDEPENDENT CONTRACTOR
The execution of this Master Agreement and the rendering of services prescribed by this Master Agreement do not change the independent status of H-GAC or the Contractor. No provision of this Master Agreement or act of H-GAC in performance of the Master Agreement shall be construed as making the Contractor the agent, servant, or employee of H-GAC, the State of Texas, or the United States Government. Employees of the Contractor are subject to the exclusive control and supervision of the Contractor. The Contractor is solely responsible for employee related disputes and discrepancies, including employee payrolls and any claims arising therefrom.

ARTICLE 5: ANTI-COMPETITIVE BEHAVIOR
Contractor will not collude, in any manner, or engage in any practice which may restrict or eliminate competition or otherwise restrain trade.

ARTICLE 6: SUSPENSION AND DEBARMENT
Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Pursuant to the Federal Rule above, Respondent certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas and at all times during the term of the Contract neither it nor its principals will be debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas Respondent shall immediately provide the written notice to H-GAC if at any time the Respondent learns that this certification was erroneous when submitted or has become erroneous by reason of changed circumstances. H-GAC may rely upon a certification of the Respondent that the Respondent is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract, unless the H-GAC knows the certification is erroneous.

ARTICLE 7: GOAL FOR CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (if subcontracts are to be let) H-GAC’s goal is to assure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible in providing services under a contract. In accordance with federal procurements requirements of 2 CFR §200.321, if subcontracts are to be let, the prime contractor must take the affirmative steps listed below:

1. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;

2. Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources;

3. Dividing total requirements, when economically feasible, into smaller task or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;

4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises;

5. Using the services and assistance as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

Nothing in this provision will be construed to require the utilization of any firm that is either unqualified or unavailable. The Small Business Administration (SBA) is the primary reference and database for information on requirements related to Federal Subcontracting https://www.sba.gov/federal-contracting/contracting-guide/prime- subcontracting

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NOTE: The term DBE as used in this solicitation is understood to encompass all programs/business enterprises such as: Small Disadvantaged Business (SDB), Historically Underutilized Business (HUB), Minority Owned Business Enterprise (MBE), Women Owned Business Enterprise (WBE) and Disabled Veteran Business Enterprise (DVBE) or other designation as issued by a certifying agency.

Contractor agrees to work with and assist HGACBuy customer in meeting any DBE targets and goals, as may be required by any rules, processes, or programs they might have in place. Assistance may include compliance with reporting requirements, provision of documentation, consideration of Certified/Listed subcontractors, provision of documented evidence that an active participatory role for a DBE entity was considered in a procurement transaction, etc.

ARTICLE 8: SCOPE OF SERVICES
The services to be performed by the Contractor are outlined in an Attachment to this Agreement.

ARTICLE 9: PERFORMANCE PERIOD
This Master Agreement shall be performed during the period which begins 08/01/21 and ends 07/31/23. All services under this Master Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 21, which shall be fully executed by both parties to this Master Agreement.

ARTICLE 10: PAYMENT OR FUNDING
Payment provisions under this Master Agreement are outlined in the Special Provisions. H-GAC will not pay for any expenses incurred prior to the execution date of a contract, or any expenses incurred after the termination date of the contract.

ARTICLE 11: PAYMENT FOR WORK
The H-GAC Customer is responsible for making payment to the Contractor upon delivery and acceptance of the goods or completion of the services and submission of the subsequent invoice.

ARTICLE 12: PAYMENT TERMS/PRE-PAYMENT/QUANTITY DISOUNTS If discounts for accelerated payment, pre-payment, progress payment, or quantity discounts are offered, they must be clearly indicated in the Contractor’s submission prior to contract award. The applicability or acceptance of these terms is at the discretion of the Customer.

ARTICLE 13: REPORTING REQUIREMENTS
If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by this Agreement, or otherwise fails to satisfactorily render performances hereunder, H-GAC may terminate this agreement with notice as identified in Article 29 of these General Provisions. H-GAC has final determination of the adequacy of performance and reporting by Contractor. Termination of this agreement for failure to perform may affect Contractor’s ability to participate in future opportunities with H-GAC. The Contractor's failure to timely submit any report may also be considered cause for termination of this Agreement.

Any additional reporting requirements shall be set forth in the Special Provisions of this Agreement.

ARTICLE 14: INSURANCE
Contractor shall maintain insurance coverage for work performed or services rendered under this Master Agreement as outlined and defined in the attached Special Provisions.

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ARTICLE 15: SUBCONTRACTS AND ASSIGNMENTS
Except as may be set forth in the Special Provisions, the Contractor agrees not to assign, transfer, convey, sublet, or otherwise dispose of this Master Agreement or any right, title, obligation, or interest it may have therein to any third party without prior written approval of H-GAC, which will not be unreasonably withheld. The Contractor acknowledges that H-GAC is not liable to any subcontractor or assignee of the Contractor. The Contractor shall ensure that the performance rendered under all subcontracts shall result in compliance with all the terms and provisions of this Master Agreement as if the performance rendered was rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by applicable law or regulation, H-GAC shall not be responsible for monitoring Contractor's compliance, or that of Contractor’s subcontractors, with any laws or regulations.

ARTICLE 16: AUDIT
Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be conducted an independent audit of any transaction under this Master Agreement, such audit may be performed by the H-GAC local government audit staff, a certified public accountant firm, or other auditors designated by H-GAC and will be conducted in accordance with applicable professional standards and practices. The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for any findings that result in monetary obligations to H- GAC.

In no circumstances will Contractor be required to create or maintain documents not kept in the ordinary course of its business operations, nor will Contractor be required to disclose any information, including but not limited to product cost data, which it considers confidential or proprietary.

ARTICLE 17: TAX EXEMPT STATUS
H-GAC and Customer members are either units of government or qualified non-profit agencies, and are generally exempt from Federal and State sales, excise or use taxes. Respondent must not include taxes in its Response. It is the responsibility of Contractor to determine the applicability of any taxes to an order and act accordingly.

Exemption certificates will be provided upon request.

ARTICLE 18: EXAMINATION OF RECORDS
The Contractor shall maintain during the course of the work complete and accurate records of all of the Contractor's invoices and pertinent documentation of items which are chargeable to H-GAC under this Master Agreement. H-GAC, through its staff or designated public accounting firm, the State of Texas, and United States Government, shall have the right at any reasonable time to inspect, copy and audit those pertinent records on or off the premises by authorized representatives of its own or any public accounting firm selected by H-GAC. The right of access to records is not limited to the required retention period, but shall last as long as the records are retained. Failure to provide access to records may be cause for termination of the Master Agreement.

The Contractor further agrees that the examination of records outlined in this article shall be included in all subcontractor or third-party agreements.

ARTICLE 19: RETENTION OF RECORDS
The Contractor and its subcontractors shall maintain all records pertinent to this Master Agreement, for a period of seven (7) years from the later of the date of acceptance of the final payment or until all audit findings have been resolved. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully resolved.

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ARTICLE 20: DISTRIBUTORS, VENDORS, RESELLERS
Contractor agrees and acknowledges that any such designations of distributors, vendors, resellers or the like are for the convenience of the Contractor only and the awarded Contractor will remain responsible and liable for all obligations under the Contract and the performance of any designated distributor, vendor, reseller, etc. Contractor is also responsible for receiving and processing any Customer purchase order in accordance with the Contract and forwarding of the Purchase Order to the designated distributor, vendor, reseller, etc. to complete the sale or service. H-GAC reserves the right to reject any entity acting on the Contractor’s behalf or refuse to add entities after a contract is awarded.

ARTICLE 21: CHANGE ORDERS AND AMENDMENTS

A. Any alterations, additions, or deletions to the terms of this Master Agreement, which are required by changes in federal or state law or by regulations, are automatically incorporated without written amendment hereto, and shall become effective on the date designated by such law or by regulation.

B. To ensure the legal and effective performance of this Master Agreement, both parties agree that any amendment that affects the performance under this Master Agreement must be mutually agreed upon and that all such amendments must be in writing. After a period of no less than 30 days subsequent to written notice, unless sooner implementation is required by law, such amendments shall have the effect of qualifying the terms of this Master Agreement and shall be binding upon the parties as if written herein.

C. Customers have the right to issue a change order to any purchase orders issued to the Contractor for the purposes of clarification or inclusion of additional specifications, qualifications, conditions, etc. The change order must be in writing and agreed upon by Contractor and the Customer agency prior to issuance of any Change Order. A copy of the Change Order must be provided by the Contractor to, and acknowledged by, H-GAC.

ARTICLE 22: CONTRACT ITEM CHANGES

A. If a manufacturer discontinues a contracted item, that item will automatically be considered deleted from the contract with no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers.

B. If a manufacturer makes any kind of change in a contracted item which affects the contract price, Contractor must advise H-GAC of the details. H-GAC may allow or reject the change at its sole discretion. If the change is rejected, H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers.

C. If a manufacturer makes any change in a contracted item which does not affect the contract price, Contractor shall advise H-GAC of the details. If the 'new' item is equal to or better than the originally contracted item, the 'new' item shall be approved as a replacement. If the change is rejected H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item or may take any other action deemed by H-GAC at its sole discretion, to be in the best interests of its Customers.

D. In the case of specifically identified catalogs or price sheets which have been contracted as base bid items or as published options, routine published changes to products and pricing will be automatically incorporated into the contract. However, Contractor must still provide thirty (30) calendar days written DocuSign Envelope ID: B37FC13E-031F-495B-9226-EE37DAAD442B 232

notice and an explanation of the changes to products and pricing. H-GAC will respond with written approval.

ARTICLE 23: CONTRACT PRICE ADJUSTMENTS

Price Decreases
If Contractor’s Direct Cost decreases at any time during the full term of this award, Contractor must immediately pass the decrease on to H-GAC and lower its prices by the amount of the decrease in Direct Cost. (Direct Cost means Contractor’s cost from the manufacturer of any item or if Contractor is the manufacturer, the cost of raw materials required to manufacture the item, plus costs of transportation from manufacturer to Contractor and Contractor to H-GAC. Contractor must notify H-GAC of price decreases in the same way as for price increases set out below. The price decrease shall become effective upon H-GAC’s receipt of Contractor’s notice. If Contractor routinely offers discounted contract pricing, H-GAC may request Contractor accept amended contract pricing equivalent to the routinely discounted pricing

Price Increases
Contractors may request a price increase for items priced as Base Bid items and Published Options after twelve (12) months from the bid opening date of the bid received by H-GAC. The amount of any increase will not exceed actual documented increase in Contractor’s Direct Cost and will not exceed 10% of the previous bid price.

Considerations on the percentage limit will be given if the price increase is the result of increased tariff charges, or other economic factors.

Price Changes
Any permanent increase or decrease in offered pricing for a base contract item or published option is considered a price change. Temporary increases in pricing by whatever name (e.g. ‘surcharge’, ‘adjustment’, ‘equalization charge’, ‘compliance charge’, ‘recovery charge’, etc.), are also considered to be price changes. For published catalogs and price sheets as part of an H-GAC contract, requests to amend the contract to reflect any new published catalog or price sheet must be submitted whenever the manufacturer publishes a new document. The request must include the new catalog or price sheet.

All Products shall, at time of sale, be equipped as required under any then current applicable local, state, and federal government requirements. If, during the course of any contract, changes are made to any government requirements which cause a manufacturer's costs of production to increase, Contractor may increase pricing to the extent of Contractor’s actual cost increase. The increase must be substantiated with support documentation acceptable to H-GAC prior to taking effect. Modifications to a Product required to comply with such requirements which become effective after the date of any sale are the responsibility of the Customer.

Requesting Price Increase/Required Documentation
Contractor must submit a written notification at least thirty (30) calendar days prior to the requested effective date of the change, setting the amount of the increase, along with an itemized list of any increased prices, showing the Contractor’s current price, revised price, the actual dollar difference and the percentage of the price increase by line item. Price change requests must include H-GAC Forms D Offered Item Pricing and E Options Pricing, or the documentation used to submit pricing in the original Response and be supported with substantive documentation (e.g. manufacturer's price increase notices, copies of invoices from suppliers, etc.) clearly showing that Contractor's actual costs have increased per the applicable line-item bid. The Producer Price Index (PPI) may be used as partial justification, subject to approval by H-GAC, but no price increase based solely on an increase in the PPI will be allowed. This documentation should be submitted in Excel format to facilitate analysis and updating of the website. The letter and documentation must be sent to the Bids and Specifications manager, William Burton, at [email protected]

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Review/Approval of Requests
If H-GAC approves the price increase, Contractor will be notified in writing; no price increase will be effective until Contractor receives this notice. If H-GAC does not approve Contractor’s price increase, Contractor may terminate its performance upon sixty (60) days advance written notice to H-GAC, however Contractor must fulfill any outstanding Purchase Orders. Termination of performance is Contractor’s only remedy if H-GAC does not approve the price increase. H-GAC reserves the right to accept or reject any price change request.

ARTICLE 24: DELIVERIES AND SHIPPING TERMS
The Contractor agrees to make deliveries only upon receipt of authorized Customer Purchase Order acknowledged by H-GAC. Delivery made without such Purchase Order will be at Contractor’s risk and will leave H-GAC the option of canceling any contract awarded to the Contractor. The Contractor must secure and deliver any item within five (5) working days, or as agreed to on any corresponding customer Purchase Order.

Shipping must be Freight On Board Destination to the delivery location designated on the Customer purchase order. The Contractor will retain title and control of all goods until delivery is completed and the Customer has accepted the delivery. All risk of transportation and all related charges are the responsibility of the Contractor.

The Customer will notify the Contractor and H-GAC promptly of any damaged goods and will assist the Contractor in arranging for inspection. The Contractor must file all claims for visible or concealed damage.

Unless otherwise stated in the Master Agreement, deliveries must consist only of new and unused merchandise.

ARTICLE 25: RESTOCKING (EXCHANGES AND RETURNS)
There will be no restocking charge to the Customer for return or exchange of any item purchased under the terms of any award. If the Customer wishes to return items purchased under an awarded contract, the Contractor agrees to exchange, these items for other items, with no additional charge incurred. Items must be returned to Contractor within thirty (30) days from date of delivery. If there is a difference in price in the items exchanged, the Contractor must notify H-GAC and invoice Customer for increase price or provide the Customer with a credit or refund for any decrease in price per Customer’s preference. On items returned, a credit or cash refund will be issued by the Contractor to Customer. This return and exchange option will extend for thirty (30) days following the expiration of the term of the Contract. All items returned by the Customer must be unused and in the same merchantable condition as when received. Items that are special ordered may be returned only upon approval of the Contractor.

ARTICLE 26: MANUALS
Each product delivered under contract to any Customer must be delivered with at least one (1) copy of a safety and operating manual and any other technical or maintenance manual. The cost of the manual(s) must be included in the price for the Product offered.

ARTICLE 27: OUT OF STOCK, PRODUCT RECALLS, AND DISCONTINUED PRODUCTS H-GAC does NOT purchase the products sold pursuant to a Solicitation or Master Agreement. Contractor is responsible for ensuring that notices and mailings, such as Out of Stock or Discontinued Notices, Safety Alerts, Safety Recall Notices, and customer surveys, are sent directly to the Customer with a copy sent to H-GAC.

Customer will have the option of accepting any equivalent product or canceling the item from Customer’s Purchase Order. Contractor is not authorized to make substitutions without prior Customer approval.

ARTICLE 28: WARRANTIES, SALES, AND SERVICE
Warranties must be the manufacturer's standard and inclusive of any other warranty requirements stated in the Master Agreement; any warranties offered by a dealer will be in addition to the manufacturer’s standard warranty and will not be a substitute for such. Pricing for any product must be inclusive of the standard warranty.

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Contractor is responsible for the execution and effectiveness of all product warranty requests and any claims, Contractor agrees to respond directly to correct warranty claims and to ensure reconciliation of warranty claims that have been assigned to a third party.

ARTICLE 29: TERMINATION PROCEDURES
The Contractor acknowledges that this Master Agreement may be terminated for Convenience or Default.

H-GAC will not pay for any expenses incurred after the termination date of the contract.

A. Convenience
H-GAC may terminate this Master Agreement at any time, in whole or in part, with or without cause, whenever H-GAC determines that for any reason such termination is in the best interest of H-GAC, by providing thirty (30) days written notice by certified mail to the Contractor. Upon receipt of notice of termination, all services hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified in the notice of termination.

The Contractor may cancel or terminate this Master Agreement upon submission of thirty (30) days written notice, presented to H-GAC via certified mail. The Contractor may not give notice of cancellation after it has received notice of default from H-GAC.

B. Default
H-GAC may, by written notice of default to the Contractor, terminate the whole or any part of the Master Agreement, in any one of the following circumstances:

(1) If the Contractor fails to perform the services herein specified within the time specified herein or any extension thereof; or

(2) If the Contractor fails to perform any of the other provisions of this Agreement for any reason whatsoever, or so fails to make progress or otherwise violates the Agreements that completion of services herein specified within the Agreement term is significantly endangered, and in either of these two instances does not cure such failure within a period of fifteen (15) days (or such longer period of time as may be authorized by H-GAC in writing) after receiving written notice by certified mail of default from H-GAC.

(3) In the event of such termination, Contractor will notify H-GAC of any outstanding Purchase Orders and H-GAC will consult with the End User and notify the Contractor to what extent the End User wishes the Contractor to complete the Purchase Order. If Contractor is unable to do so, Contractor may be subject to a claim for damages from H-GAC and/or the End User.

ARTICLE 30: SEVERABILITY
H-GAC and Contractor agree that should any provision of this Master Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Master Agreement, which shall continue in full force and effect.

ARTICLE 31: FORCE MAJEURE
To the extent that either party to this Master Agreement shall be wholly or partially prevented from the performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. The party affected by the Force Majeure will notify the other within fifteen (15) days. Determination of force majeure shall rest solely with H-GAC.

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ARTICLE 32: CONFLICT OF INTEREST
No officer, member or employee of the Contractor or Contractors subcontractor, no member of the governing body of the Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the review or Contractor approval of this Master Agreement, shall participate in any decision relating to this Master Agreement which affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this Master Agreement.

A. Conflict of Interest Questionnaire: Chapter 176 of the Texas Local Government Code requires contractors contracting or seeking to contract with H-GAC to file a conflict-of-interest questionnaire (CIQ) if they have an employment or other business relationship with an H-GAC officer or an officer’s close family member. The required questionnaire and instructions are located on the H-GAC website or at the Texas Ethics Commission website https://www.ethics.state.tx.us/forms/CIQ.pdf. H-GAC officers include its Board of Directors and Executive Director, who are listed on this website. Respondent must complete and file a CIQ with the Texas Ethics Commission if an employment or business relationship with H-GAC office or an officer’s close family member as defined in the law exists.

B. Certificate of Interested Parties Form – Form 1295: As required by Section 2252.908 of the Texas Government Code. H-GAC will not enter a Contract with Contractor unless (i) the Contractor submits a disclosure of interested parties form to H-GAC at the time the Contractor submits the contract H-GAC, or (ii) the Contractor is exempt from such requirement. The required form and instructions are located at the Texas Ethics Commission website https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm.

Respondents who are awarded a Contract must submit their Form 1295 with the signed Contract to H-GAC.

ARTICLE 33: FEDERAL COMPLIANCE
Contractor agrees to comply with all applicable federal statutes relating to nondiscrimination, labor standards, and environmental compliance. With regards to “Rights to Inventions Made Under a Contract or Master Agreement,” If the Federal award meets the definition of “funding Master Agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding Master Agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Master Agreements,” and any implementing regulations issued by the awarding agency. Contractor agrees to be wholly compliant with the provisions of 2 CFR 200, Appendix II.

Additionally, for work to be performed under the Master Agreement or subcontract thereof, including procurement of materials or leases of equipment, Contractor shall notify each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in any specific statute(s) applicable to any Federal funding for this Master Agreement; (k) the requirements of any other nondiscrimination statute(s) which may apply to this Master DocuSign Envelope ID: B37FC13E-031F-495B-9226-EE37DAAD442B 236

Agreement; (l) applicable provisions of the Clean Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the Davis­ Bacon Act (40 U.S.C. 276a - 276a-7), the Copeland Act (40 U.S.C. 276c), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-332), as set forth in Department of Labor Regulations at 20 CPR 5.5a; (n) the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163).

ARTICLE 34: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (EFFECTIVE AUG. 13, 2020 AND AS AMENDED OCTOBER 26, 2020)
Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Covered telecommunications equipment or services means 1) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Respondent must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26 requires that offerors review SAM prior to completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of commercial items, including commercially available off the-shelf items.

ARTICLE 35: DOMESTIC PREFERENCE
In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, when using federal grant award funds H-GAC should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). H-GAC must include this requirement in all subawards including all contracts and purchase orders for work or products under the federal grant award. If Contractor intends to qualify for Purchase Orders using federal grant money, then it shall work with H-GAC to provide all required certifications and other documentation needed to show compliance.

ARTICLE 36: CRIMINAL PROVISIONS AND SANCTIONS
The Contractor agrees to perform the Master Agreement in conformance with safeguards against fraud and abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of any related state or federal agency.

The Contractor agrees to promptly notify H-GAC of any actual or suspected fraud, abuse, or other criminal activity through the filing of a written report within twenty-four (24) hours of knowledge thereof. Contractor shall notify H-GAC of any serious accident or incident requiring medical attention arising from its activities under this Master Agreement within twenty-four (24) hours of such occurrence. Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be reported to local law enforcement agencies and H-GAC within two (2) hours of discovery of any such act.

The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State of Texas, the Federal Bureau of Investigation, and any other duly authorized investigative unit, in carrying out a full investigation of all such incidents.

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The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the Contractor pertaining to this Master Agreement or which would adversely affect the Contractor’s ability to perform services under this Master Agreement.

ARTICLE 37: INDEMNIFICATION AND RECOVERY
H-GAC’s liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits, or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor agrees, to the extent permitted by law, to defend and hold harmless H-GAC, its board members, officers, agents, officials, employees, and indemnities from any and all claims, costs, expenses (including reasonable attorney fees), actions, causes of action, judgements, and liens arising as a result of Contractor’s negligent act or omission under this Master Agreement. Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against Contractor relating to this Master Agreement.

ARTICLE 38: LIMITATION OF CONTRACTOR’S LIABILITY
Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special, or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Master Agreement.

ARTICLE 39: TITLES NOT RESTRICTIVE
The titles assigned to the various Articles of this Master Agreement are for convenience only. Titles shall not be considered restrictive of the subject matter of any Article, or part of this Master Agreement.

ARTICLE 40: JOINT WORK PRODUCT
This Master Agreement is the joint work product of H-GAC and the Contractor. This Master Agreement has been negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against any party.

ARTICLE 41: PROCUREMENT OF RECOVERED MATERIAL
H-GAC and the Respondent must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), Respondent certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the Contract will be at least the amount required by the applicable contract specifications or other contractual requirements.

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ARTICLE 42: COPELAND “ANTI-KICKBACK” ACT
Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into the contract. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as appropriate agency instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. A breach of the contract clauses above may be grounds for termination of the Contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

ARTICLE 43: DISCRIMINATION
Respondent and any potential subcontractors shall comply with all Federal statutes relating to nondiscrimination.

These include, but are not limited to:

a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin;
b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps;
d) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101- 6107), which prohibits discrimination on the basis of age;
e) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse;
f) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; i) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and
j) The requirements of any other nondiscrimination statute(s) that may apply to the application.

ARTICLE 44: DRUG FREE WORKPLACE
Contractor must provide a drug-free workplace in accordance with the Drug-Free Workplace Act, as applicable.

For the purposes of this Section, “drug-free” means a worksite at which employees are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance. H-GAC may request a copy of this policy.

ARTICLE 45: APPLICABILITY TO SUBCONTRACTORS
Respondent agrees that all contracts it awards pursuant to the contract awarded as a result of this Master Agreement will be bound by the foregoing terms and conditions.

ARTICLE 46: WARRANTY AND COPYRIGHT
Submissions must include all warranty information, including items covered, items excluded, duration, and renewability. Submissions must include proof of licensing if using third party code for programming.

ARTICLE 47: DATA HANDLING AND SECURITY
Unless otherwise agreed upon between Contractor and the End User, it will always be the responsibility of the selected Contractor to manage data transfer and to secure all data appropriately during the project to prevent DocuSign Envelope ID: B37FC13E-031F-495B-9226-EE37DAAD442B 239

unauthorized access to all data, products, and deliverables.

ARTICLE 48: DISPUTES
All disputes concerning questions of fact or of law arising under this Master Agreement, which are not addressed within the Whole Master Agreement as defined pursuant to Article 4 hereof, shall be decided by the Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final and conclusive unless, within thirty (30) days from the date of receipt of such notice, the Contractor requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Master Agreement and in accordance with H­GAC's final decision.

ARTICLE 49: CHOICE OF LAW: VENUE
This Master Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Master Agreement shall lie exclusively in Harris County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes.

ARTICLE 50: ORDER OF PRIORITY
In the case of any conflict between or within this Master Agreement, the following order of priority shall be utilized: 1) General Provisions, 2) Special Provisions, 3) Scope of Work, and 4) Other Attachments.

ARTICLE 51: WHOLE MASTER AGREEMENT
Please note, this is an H-GAC Master Agreement template and is used for all products and services offered in H-GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed. If this Master Agreement has not been signed by the Contractor within 30 calendar days, this Master Agreement will be automatically voided. The Master General Provisions, Master Special Provisions, and Attachments, as provided herein, constitute the complete Master Agreement between the parties hereto, and supersede any and all oral and written Master Agreements between the parties relating to matters herein. Except as otherwise provided herein, this Master Agreement cannot be modified without written consent of the parties.

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SIGNATURES:

H-GAC and the Contractor have read, agreed, and executed the whole Master Agreement as of the date first written above, as accepted by:

Motorola Solutions, Inc.

Signature $docusign:SignHere::Customer1

Name Neil Thomas

Title Vice President, Western Region

Date $docusign:DateSigned::Customer1

H-GAC

Signature $docusign:SignHere::InternalSigner

Name Chuck Wemple

Title Executive Director

Date $docusign:DateSigned::InternalSi

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241
H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Contract - Motorola Solutions, Inc. - Public Services - ID: 7290

MOTOROLA SPECIAL PROVISIONS

Please note, this is an H-GAC Master Agreement template and is used for all products and services offered in H-GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed. Incorporated by attachment, as part of the whole Master Agreement, H-GAC and the Contractor do, hereby agree to the Master Special Provisions as follows:

ARTICLE 1: BIDS/PROPOSALS INCORPORATED
In addition to the whole Master Agreement, the following documents listed in order of priority are incorporated into the Master Agreement by reference: Bid/Proposal Specifications and Contractor’s Response to the Bid/Proposal.

ARTICLE 2: END USER AGREEMENTS (“EUA”)
H-GAC acknowledges that the END USER may choose to enter into an End User Master Agreement (EUA) with the Contractor through this Master Agreement, and that the term of the EUA may exceed the term of the current H-GAC Master Agreement. H-GAC’s acknowledgement is not an endorsement or approval of the End User Master Agreement’s terms and conditions. Contractor agrees not to offer, agree to or accept from the END USER, any terms or conditions that conflict with those in Contractor’s Master Agreement with H-GAC. Contractor affirms that termination of its Master Agreement with H-GAC for any reason shall not result in the termination of any underlying EUA, which shall in each instance, continue pursuant to the EUA’s stated terms and duration. Pursuant to the terms of this Master Agreement, termination of this Master Agreement will disallow the Contractor from entering into any new EUA with END USERS. Applicable H-GAC order processing charges will be due and payable to H- GAC on any EUAs, surviving termination of this Master Agreement between H-GAC and Contractor.

ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE
Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Master Agreement, Contractor develops a regularly followed standard procedure of entering into Master Agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices, warranties, benefits, and or terms more favorable than those provided to H-GAC, Contractor shall notify H-GAC within ten (10) business days thereafter, and this Master Agreement shall be deemed to be automatically retroactively amended, to the effective date of Contractor’s most favorable past Master Agreement with another entity. Contractor shall provide the same prices, warranties, benefits, or terms to H-GAC and its END USER as provided in its most favorable past Master Agreement. H-GAC shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty, benefit, or term that was charged or offered to another entity during the term of this Master Agreement, does not constitute more favorable treatment, than Contractor shall, within ten (10) business days, notify H-GAC in writing, setting forth the detailed reasons Contractor believes the aforesaid offer is not in fact most favored treatment. H-GAC, after due consideration of Contractor’s written explanation, may decline to accept such explanation and thereupon this Master Agreement between H-GAC and Contractor shall be automatically amended, effective retroactively, to the effective date of the most favored Master Agreement, to DocuSign Envelope ID: B37FC13E-031F-495B-9226-EE37DAAD442B 242

provide the same prices, warranties, benefits, or terms to H-GAC and the END USER. This clause shall not be applicable to prices and price adjustments offered by a bidder, proposer, or contractor, which are not within bidder's/proposer’s control [example; a manufacturer's bid concession], or to any prices offered to the Federal Government and its agencies

EXCEPTION: This clause shall not be applicable to the sale of large communications systems (one million dollars ($1,000,000.00) and above). The term “Communication Systems” shall refer to a project that includes the sale of infrastructure hardware and/or software, user devices, and Contractor engineering and installation service. The contract for a “Communication System” will always have a Statement of Work and an Acceptance Test Plan. This clause shall also not be applicable to pre-existing contracts Contractor has in the State of Texas. The term ”pre-existing” shall refer to contracts in existence as of the effective date of this Agreement.

ARTICLE 4: PARTY LIABILITY
Contractor’s total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder. Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. Contractor accepts liability to repay, and shall repay upon demand to END USER, any amounts determined by H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of this Master Agreement.

ARTICLE 5: GOVERNING LAW & VENUE
Contractor and H-GAC agree that Contractor will make every reasonable effort to resolve disputes with the END USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes.

ARTICLE 6: SALES AND ORDER PROCESSING CHARGE
Contractor shall sell its products to END USERS based on the pricing and terms of this Master Agreement. H-GAC will invoice Contractor for the applicable order processing charge, which is listed and detailed in the attached “Addendum A” to this contract, when H-GAC receives notification of an END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing charge, after delivery of any product or service and subsequent END USER acceptance. Payment of the Order Processing Charge shall be remitted from Contractor to H-GAC, within thirty (30) calendar days or ten (10) business days after receipt of an END USER’s payment, whichever comes first, notwithstanding Contractor’s receipt of invoice. For sales made by Contractor based on this Master Agreement, including sales to entities without Interlocal Master Agreements, Contractor shall pay the applicable order processing charges to H-GAC. Further, Contractor agrees to encourage entities who are not members of H-GAC’s Cooperative Purchasing Program to execute an H-GAC Interlocal Master Agreement. H-GAC reserves the right to take appropriate actions including, but not limited to, Master Agreement termination if Contractor fails to promptly remit the appropriate order processing charge to H-GAC. In no event shall H-GAC have any liability to Contractor for any goods or services an END USER procures from Contractor. At all times, Contractor shall remain liable to pay to H-GAC any order processing charges on any portion of the Master Agreement actually performed, and for which compensation was received by Contractor.

ARTICLE 7: LIQUIDATED DAMAGES
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Any liquidated damage terms will be determined between Contractor and END USER at the time an END USER purchase order is placed.

ARTICLE 8: INSURANCE
Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the following insurance and coverage:
a. General liability insurance with a Single Occurrence limit of $1,000,000.00, and a General Aggregate limit of two times the Single Occurrence limit, including:
i. Product liability insurance with a Single Occurrence limit of $1,000,000.00, and a General Aggregate limit of two times the Single Occurrence limit for all Products except Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B of the Bid/Proposal Specifications.
b. Property Damage or Destruction insurance is required for coverage of End User owned equipment while in Contractor's possession, custody, or control. The Single Occurrence limit is $500,000.00 and the General Aggregate limit must be two times the Single Occurrence limit. This insurance may be carried in several ways, e.g. under an Inland Marine policy, as art of Automobile coverage, or under a Garage Keepers policy. In any event, this coverage must be specifically and clearly listed on insurance certificate(s) submitted to H-GAC.
c. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal, and for any extensions thereof, plus the number of days/months required to deliver any outstanding order after the close of the contract period. d. PDF Insurance Certificates must be furnished to H-GAC after contract execution and at policy renewal during term of contract, showing Contractor as the insured and showing coverage and limits for the insurances listed above.
e. If any Product(s) or Service(s) will be provided by parties other than Contractor, all such parties are required to carry the insurance coverages specified herein, and if requested by H-GAC, a separate insurance certificate must be submitted for each such party. f. H-GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance and document accuracy.

ARTICLE 9: PERFORMANCE AND PAYMENT BONDS FOR INDIVIDUAL ORDERS H-GAC’s contractual requirements DO NOT include a Performance & Payment Bond (PPB); therefore, Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to cover any order if so requested by the END USER. Contractor shall quote a price to END USER for provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of END USER's purchase order.

ARTICLE 10: ORDER PROCESSING CHARGE
H-GAC will apply an Order Processing Charge, listed in Addendum A to this contract, for each sale done through the H-GAC contract, with the exception of orders for motor vehicles. Any pricing submitted must include this charge amount per the most current H-GAC schedule. For motor vehicle orders, the Processing Charge is paid by the Customer.

ARTICLE 11: CHANGE OF STATUS
Contractor shall immediately notify H-GAC, in writing, of ANY change in ownership, control, dealership/franchisee status, Motor Vehicle license status, or name. Contractor shall offer written DocuSign Envelope ID: B37FC13E-031F-495B-9226-EE37DAAD442B 244

guidance to advise H-GAC if this Master Agreement shall be affected in any way by such change. H- GAC shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and including cancellation of Master Agreement.

ARTICLE 12: REQUIREMENTS TO APPLICABLE PHYSICAL GOODS
In the case of physical goods (e.g. equipment, material, supplies, as opposed to services), all Products offered must comply with any applicable provisions of the Texas Business and Commerce Code, Title 1, Chapter 2 and with at least the following:
a. Be new, unused, and not refurbished.
b. Not be a prototype as the general design, operation and performance. This requirement is NOT meant to preclude the Contractor from offering new models or configurations which incorporate improvements in a current design or add functionality, but in which new model or configuration may be new to the marketplace.
c. Include all accessories which may or may not be specifically mentioned in the Master Agreement, but which are normally furnished or necessary to make the Product ready for its intended use upon delivery. Such accessories shall be assembled, installed and adjusted to allow continuous operation of Product at time of delivery.
d. Have assemblies, sub-assemblies and component parts that are standard and interchangeable throughout the entire quantity of a Product as may be purchased simultaneously by any Customer. e. Be designed and constructed using current industry accepted engineering and safety practices, and materials.
f. Be available for inspection at any time prior to or after procurement.

ARTICLE 13: TEXAS MOTOR VEHICLE BOARD LICENSING
All Contractors that deal in motor vehicles shall maintain current licenses that are required by the Texas Motor Vehicle Commission Code. If at any time during this Master Agreement term, any required Contractor license is denied, revoked, or not renewed, Contractor shall be in default of this Master Agreement, unless the Texas Motor Vehicle Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor Vehicle Board documentation to H-GAC upon request.

ARTICLE 14: INSPECTION/TESTING
All Products sold pursuant to this Master Agreement will be subject to inspection/testing by or at the direction of H-GAC and/or the ordering Customer, either at the delivery destination or the place of manufacture. In the event a Product fails to meet or exceed all requirements of this Master Agreement, and unless otherwise agreed in advance, the cost of any inspection and/or testing, will be the responsibility of the Contractor.

ARTICLE 15: ADDITIONAL REPORTING REQUIREMENTS
Contractor agrees to submit written quarterly reports to H-GAC detailing all transactions during the previous three (3) month period. Reports must include, but are not limited, to the following information:
a. Customer Name
b. Product/Service purchased, including Product Code if applicable c. Customer Purchase Order Number
d. Purchase Order Date
e. Product/Service dollar amount
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f. HGACBuy Order Processing Charge amount

ARTICLE 16: BACKGROUND CHECKS
Cooperative customers may request background checks on any awarded contractor’s employees who will have direct contact with students, or for any other reason they so choose, any may require contractor to pay the cost of obtaining any background information requested by the Customer.

ARTICLE 17: PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL

CERTIFICATION
As required by Chapter 2271 of the Texas Local Government Code the Contractor must verify that it 1) does not boycott Israel; and 2) will not boycott Israel during the term of the Contract. Pursuant to Section 2271.001, Texas Government Code:

1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and

2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit.

ARTICLE 18: NO EXCLUDED NATION OR TERRORIST ORGANIZATION

CERTIFICATION
As required by Chapter 2252 of the Texas Government Code the Contractor must certify that it is not a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization – specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.)

ARTICLE 19: BUY AMERICA ACT (National School Lunch Program and Breakfast Program) With respect to products purchased by Customers for use in the National School Lunch Program and/or National School Breakfast Program, Contractor shall comply with all federal procurement laws and regulations with respect to such programs, including the Buy American provisions set forth in 7 C.F.R.

Part 210.21(d), to the extent applicable. Contractor agrees to provide all certifications required by Customer regarding such programs.

In the event Contractor or Contractor’s supplier(s) are unable or unwilling to certify compliance with the Buy American Provision, or the applicability of an exception to the Buy American provision, H-GAC Customers may decide not to purchase from Contractor. Additionally, H-GAC Customers may require country of origin on all products and invoices submitted for payment by Contractor, and Contractor agrees to comply with any such requirement.

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ARTICLE 20: BUY AMERICA REQUIREMENT (Applies only to Federally Funded Highway and Transit Projects)
With respect to products purchased by Customer for use in federally funded highway projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 23 U.S.C. Section 313, 23 C.F.R. Section 635.410, as amended, and the Steel and Iron Preference provisions of Texas Transportation Code Section 223.045, to the extent applicable. Contractor agrees to provide all certifications required by Customer regarding such programs.

With respect to products purchased by Customer for use in federally funded transit projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 49 U.S.C. Section 5323(j)(1), 49 C.F.R. Sections 661.6 or 661.12, to the extent applicable. Contractor agrees to provide all certifications required by Customer regarding such programs. Contractor agrees that the provisions in this Article may be applicable in an End User Agreement.

ARTICLE 21: TITLE VI REQUIREMENTS
H-GAC 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 any disadvantaged business enterprises will be afforded full and fair opportunity to submit in response to this Master Agreement and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

ARTICLE 22: EQUAL EMPLOYMENT OPPORTUNITY
Except as otherwise provided under 41 CFR Part 60, all Contracts and Customer Purchase Orders that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., pg.339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference.

Contractor agrees that such provision applies to any contract that meets the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 and agrees that it will comply with such provision.

ARTICLE 23: CLEAN AIR AND WATER POLLUTION CONTROL ACT
Customer Purchase Orders using federal funds must contain a provision that requires the Contractor to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).

Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Pursuant to the Federal Rule above, Contractor certifies that it is in compliance with all applicable provisions of the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387) and will remain in compliance during the term of the Contract.

ARTICLE 24: PREVAILING WAGE
DocuSign Envelope ID: B37FC13E-031F-495B-9226-EE37DAAD442B 247

Contractor and any potential subcontractors have a duty to and shall pay the prevailing wage rate under the Davis-Bacon Act, 40 U.S.C. 276a – 276a-5, as amended, and the regulations adopted thereunder contained in 29 C.F.R. pt. 1 and 5.

ARTICLE 25: CONTRACT WORK HOURS AND SAFETY STANDARDS
As per the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), where applicable, all Customer Purchase Orders in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.

Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

ARTICLE 26: PROFIT AS A SEPARATE ELEMENT OF PRICE
For purchases using federal funds in excess of $150,000, a Customer may be required to negotiate profit as a separate element of the price. See, 2 CFR 200.323(b). Contractor agrees to provide information and negotiate with the Customer regarding profit as a separate element of the price for the purchase.

Contractor also agrees that the total price, including profit, charged by Contractor to Customer will not exceed the awarded pricing, including any applicable discount, under any awarded contract. Contractor agrees that the provisions in this Article may be applicable in an End User Agreement.

ARTICLE 27: BYRD ANTI-LOBBYING AMENDMENT
Byrd Anti-Lobbying Amendment (31U.S.C. 1352) – Contractors that apply or bid for an award exceeding $100,000 must file the required anti-lobbying certification. Each tier must certify to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier, up to the Customer. As applicable, Contractor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352).Contractor certifies that it is currently in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) and will continue to be in compliance throughout the term of the Contract and further certifies that:

1. No Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor, 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 a Federal contract, the making of a Federal Grant, the making of a Federal Loan, the entering into a cooperative Master Agreement, and the extension, DocuSign Envelope ID: B37FC13E-031F-495B-9226-EE37DAAD442B 248

continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative Master 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 a Member of Congress in connection with a Federal contract, grant, loan, or cooperative Master Agreement, Contractor shall complete and submit Standard Form – LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.

3. Contractor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Master Agreements) and that all subcontractors shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certificate 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.

ARTICLE 28: COMPLIANCE WITH EPA REGULATIONS APPLICABLE TO GRANTS,

SUBGRANTS, COOPERATIVE MASTER AGREEMENTS, AND CONTRACTS Contractor agrees to comply with all applicable standards, orders, regulations, and/or requirements issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as amended (13 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15.

ARTICLE 29: COMPLIANCE WITH ENERGY POLICY AND CONSERVATION ACT Contractor agrees to comply with applicable mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).

DocuSign Envelope ID: B37FC13E-031F-495B-9226-EE37DAAD442B 249

Addendum A- Applicable Order Processing Charge

Excerpt from page 6 of RFP #RA05-21:

DocuSign Envelope ID: B37FC13E-031F-495B-9226-EE37DAAD442B 250
Line Item
Reference
Number
Product Code
Product Summary
(detailing the items, equipment and/or
services being offered for the specific
product code)
Manufacturer Vendor Item Description Bid Price
1 PA
Mobile and Portable radios and accessories
Base Stations and accessories
Radio Trunked Systems
Dispatch Consoles
Mobile Data Systems
Mobile Data Subscribers
Mobile Computing Devices
Broadband Wireless Mesh Infrastructure
and Subscribers
Video and Biometrics
Radio Infrastructure (Towers, Shelters,
UPSs and Generators)
Broadband and LTE Equipment/Services
Next Gen 911 Equipment/Services
Intelligent Led Policing
Real Time Crime Center/ Video Solutions
CAD and Records Management
Biometrics Applications
Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Per the RFP Motorola has included an
Electronics Catalogue (PCAT file of .pdf's) file
in lieu of listing each individual product and its
options. In addition, a discount APC sheet is
attached in the pricing section and used to
calculate all individual prices within the PCAT
file.

APC Summary Provided
Below.

Motorola also offers an extensive on-line
program called My View Portal that allows
each H-GAC end user to check specific
contract pricing, place orders, and check
shipping estimates in addition to invoice
history. The on-line tool is the most advanced
of its kind in the Communications Industry.
2 PB Integrated Command Control Equipment
System Integration Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Per the RFP Motorola has included an
Electronics Catalogue (PCAT file of .pdf's) file
in lieu of listing each individual product and its
options. In addition, a discount APC sheet is
attached in the pricing section and used to
calculate all individual prices within the PCAT
file.

APC Summary Provided
Below.

Motorola also offers an extensive on-line
program called My View Portal that allows
each H-GAC end user to check specific
contract pricing, place orders, and check
shipping estimates in addition to invoice
history. The on-line tool is the most advanced
of its kind in the Communications Industry.

Attachment A
Motorola Solutions Inc.

Radio Communications/Emergency Response Equipment
Contract No.: RA05-21
DocuSign Envelope ID: B37FC13E-031F-495B-9226-EE37DAAD442B 251
3 PC
Emergency Trailers
System Integration Services
Command Vehicles
Integrated Emergency Operations Center
Incident Command Systems
Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Per the RFP Motorola has included an
Electronics Catalogue (PCAT file of .pdf's) file
in lieu of listing each individual product and its
options. In addition, a discount APC sheet is
attached in the pricing section and used to
calculate all individual prices within the PCAT
file.

APC Summary Provided
Below.

Motorola also offers an extensive on-line
program called My View Portal that allows
each H-GAC end user to check specific
contract pricing, place orders, and check
shipping estimates in addition to invoice
history. The on-line tool is the most advanced
of its kind in the Communications Industry.
4 PD
Project Management
System Technologist
Training
Advanced Services
Video and Network Management
Testing
Civil Work (Soil grading, fencing, grub
work, etc...)
Tower Services (concrete/foundation
work, documentation, civil work, etc..)
Network Services for all category
technologies
Cloud Services and Associated Integration
Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Motorola offers wide range of services
including Integration, Installation and
Training. The cost of these services is regional
in nature. Samples below are listed for
reference only.

APC Summary Provided
Below.

Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Project Management Daily Rate* $2,072 Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners System Technologist Daily Rate* $2,072 Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Standard Shop Installation: Hourly Rate* $150 Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Standard Shop Installation: Daily Rate* $1,200 Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Mobile Radio Installation* $180-$600 Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Radio Programming* $55-$125 Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Data Installation* $180-$600 *Prices may vary by Region and Stated Scope.

Travel Not Included.

Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners NG9-1-1 Consulting Services-Daily Rate* $1,900 Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Security Project/Program Management-Daily Rate* $1,900
Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Wireless Security Technician-Daily Rate* $1,900

MOTOROLA INTEGRATION SERVICES - LMR
Motorola offers wide range of services including Integration, Installation and Training. The cost of these services is regional in nature. Samples below are listed for reference only.

MOTOROLA INTEGRATION SERVICES - ADVANCED SERVICES
DocuSign Envelope ID: B37FC13E-031F-495B-9226-EE37DAAD442B 252
Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Security Penetration Tester (Wired Network)- Daily Rate* $1,900
Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Security Trainer-Daily Rate* $1,650 Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Application Security Code Reviewer-Daily Rate* $2,100 Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners IT Incident Response and E-Discovery Assistance- Daily Rate* $1,900
Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners IT Disaster Recovery Planner-Daily Rate* $1,900 Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners IT Disaster Recovery Plan Tester-Daily Rate* $1,900 Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Business Continuity/Continuity of Government Planner-Daily Rate* $1,900
Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Business Continuity/Continuity of Government Plan Tester-Daily Rate* $1,900
Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Mobile Application Services Project Management- Daily Rate* $750
Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Mobile Application Services Solution Achitech- Daily Rate* $2,100
Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Mobile Application Services Application and Solution Design-Daily Rate* $2,100
Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Mobile Application Services Application and Solution Implementation-Daily Rate* $2,100
Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Application Integration and Customization Services Project Management-Daily Rate* $1,694
Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Application Integration and Customization Services Solution Achitech-Daily Rate* $2,100
Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Application Integration and Customization
Services Application and Solution Design-Daily
Rate*
$2,100
Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Application Integration and Customization
Services Application and Solution Implementation-
Daily Rate*
$1,694
Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Unified Communications Services Project Management-Daily Rate* $1,900
Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Unified Communications Services Application and Solution Design-Daily Rate* $2,100
Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Unified Communications Services Application and Solution Implementation-Daily Rate* $1,900
Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Consulting Services Project Management-Daily Rate* $1,900
Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Consulting Services Internet Protocol Network Assessment-Daily Rate* $2,100
Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Consulting Services IP Network Design and Integration-Daily Rate* $2,033
Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Consulting Services IP Wide Area Network Backhaul Design and Integration-Daily Rate* $2,100
Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Consulting Services Customer Network Interface Design and Integration-Daily Rate* $2,100
6 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners ASTRO Dispatch Support 42 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners ASTRO SUA Upgrade Operations Support 43 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners ASTRO SUA Field Service Support

APC SUMMARY
DocuSign Envelope ID: B37FC13E-031F-495B-9226-EE37DAAD442B 253
127 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Motorola Shop Services 135 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Drop Ship Freight 185 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Motorola Subscriber Services 208 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Motorola Project Management Services 231 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Motorola Partner Maintenance Support 290 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Motorola Warranty Services 298 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners ASTRO System Essential Support 306 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Site Development Services 348 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners ASTRO System Premier Support 373 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners ASTRO System Advanced Support 390 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners ASTRO System Manager Support 427 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners 3rd Party Services 431 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Motorola Device Management Support - Essential
519 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners ASTRO Security Monitoring Support 560 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners ASTRO System Update Service Remote Patching Support
561 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners ASTRO Network Monitoring Support 670 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Asset Management Service 700 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Motorola Device Management Support - Advanced
701 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Motorola Device Management Support - Premier 724 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Motorola APX Next Management Support - Advanced
769 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners ASTRO Preventative Maintenance Support 772 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners ASTRO Technical Support 814 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners ASTRO Cyber Security Assessment Support 823 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners ASTRO SUA Hardware & Software Support 847 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Lunarline Cyber Security Services 848 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Lunarline Cyber Security Monitoring 859 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Delta Risk Cyber Security Services 882 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners ASTRO On-Site Support 929 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners ASTRO Infrastructure Repair Support DocuSign Envelope ID: B37FC13E-031F-495B-9226-EE37DAAD442B 254
943 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners ASTRO SUA Training Service Support 948 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners 3rd Party Maintenance Support 969 System Integration & Support Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners ASTRO System Update Service Local Patching Support
901 Lifecycle Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Migration Assurance Program 902 Lifecycle Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners SMA 903 Lifecycle Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners SUA, SUA II 904 Lifecycle Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners SUS 905 Lifecycle Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners SA 390 Professional Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Performance Management Reports 659 Professional Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners NG-911 659 Professional Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Security, IP Networking 670 Professional Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners SI 842 Professional Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners 311 Software 561 Service/Maintenance Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Network Monitoring 769 Service/Maintenance Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Network Preventive Maintenance & Onsite Infrastructure Response
769 Service/Maintenance Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners SUAII 772 Service/Maintenance Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Technical Support 929 Service/Maintenance Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Services 206 Service/Maintenance Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Subscriber Repair 293 Service/Maintenance Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Services/Training 17 Software SI Delivery Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners PremierOne CAD Delivery Services 30 Software SI Delivery Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Flex CAD Delivery Services 79 Software SI Delivery Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Situational Awareness Delivery Services 86 Software SI Delivery Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Emergency Notification Delivery Services 90 Software SI Delivery Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners PremierOne Records Delivery Services 97 Software SI Delivery Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Flex Records Delivery Services 99 Software SI Delivery Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Flex Jail Delivery Services 141 Software SI Delivery Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Digital Evidence Delivery Services 168 Software SI Delivery Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Kodiak Delivery Services DocuSign Envelope ID: B37FC13E-031F-495B-9226-EE37DAAD442B 255
327 Software SI Delivery Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners CAD Mobile Delivery Services 331 Software SI Delivery Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners CAD Suite Deployment 473 Software SI Delivery Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Spillman Delivery Services 586 Software SI Delivery Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners CallWorks Delivery Services 639 Software SI Delivery Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Critical Connect Delivery Services 634 Software SI Delivery Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Situational Awareness 3rd Party HW and SW or just HW
572 Software SI Delivery Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Situational Awareness 3rd Party HW and SW or just HW
141 Software SI Delivery Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Interface SA 144 Software SI Delivery Services Motorola Solutions, Inc. Motorola Solutions, Inc. and Partners Professional Services, Training Analytics Plus Only
DocuSign Envelope ID: B37FC13E-031F-495B-9226-EE37DAAD442B Motorola Solutions' Offered Items Pricing (Catalog/ Price Book) is available on-line at: https://www.hgacbuy.org/media/hgacbuy/catalogs/RA05-21/Motorola-Solutions.zip 256
Revised 6.1.18

AMENDMENT No. 1 to CONTRACT No. RA05-21
For
Radio Communications/Emergency Response Equipment
Between

HOUSTON-GALVESTON AREA COUNCIL
And
Motorola Solutions, Inc.

THIS AMENDMENT modifies the above referenced Contract as follows:

This contract is extended through July 31, 2024 Midnight CT.

Unless otherwise noted, this amendment goes into effect on the date signed by H-GAC. All other terms and conditions of this Contract shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly authorized representatives.

Signed for Houston-Galveston Area Council, ____________________________________ Houston, Texas Chuck Wemple, Executive Director

Date: _______________________________

Signed for: Motorola Solutions, Inc. ____________________________________

Printed Name & Title: ____________________________________

Date: _______________________________

DocuSign Envelope ID: 4F36436E-D799-47FB-8BEA-B8C4A396E2B4 Scott Lees
VP Government Sales - West
7/31/2023
7/31/2023 257
H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Extension - Motorola Solutions, Inc. - Public Services - ID: 12884

Revised 19Mar2024

EXTENSION No. 2 to CONTRACT No. RA05-21
For
Radio Communications/Emergency Response & Mobile Interoperability Equipment Between

HOUSTON-GALVESTON AREA COUNCIL
And
Motorola Solutions, Inc.

THIS AMENDMENT modifies the above referenced Contract as follows:

Contract is extended through Jul 31 2025 Midnight CST or the effective date of the contracts resulting from the most recently awarded Request For Proposal (RFP) for Radio Communications/Emergency Response & Mobile Interoperability Equipment, whichever occurs first.

Unless otherwise noted, this amendment goes into effect on the date signed by H-GAC. All other terms and conditions of this Contract shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly authorized representatives.

Signed for: Houston-Galveston Area Council $docusign:SignHere::InternalSigner

Chuck Wemple
Executive Director
Date: $docusign:DateSigned::InternalSigner

Signed for: Motorola Solutions, Inc.

Printed Name:

Title:

$docusign:SignHere::Customer1
Scott Lees
Vice President-Western Division
Date: $docusign:DateSigned::Customer1
Docusign Envelope ID: 5349F1D3-A9E6-4CAE-9484-4CA5D72FECEA 7/30/2024
7/30/2024
258
H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Extension - Motorola Solutions, Inc. - Public Services - ID: 14461

Revised 19Mar2024

EXTENSION No. 3 to CONTRACT No. RA05-21
For
Radio Communications/Emergency Response & Mobile Interoperability Equipment Between

HOUSTON-GALVESTON AREA COUNCIL
And
Motorola Solutions, Inc.

THIS AMENDMENT modifies the above referenced Contract as follows:

Contract is extended through Jul 31 2027 Midnight CST or the effective date of the contracts resulting from the most recently awarded Request For Proposal (RFP) for Radio Communications/Emergency Response & Mobile Interoperability Equipment, whichever occurs first.

Unless otherwise noted, this amendment goes into effect on the date signed by H-GAC. All other terms and conditions of this Contract shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly authorized representatives.

Signed for: Houston-Galveston Area Council $docusign:SignHere::InternalSigner

Chuck Wemple
Executive Director
Date: $docusign:DateSigned::InternalSigner

Signed for: Motorola Solutions, Inc.

Printed Name:

Title:

$docusign:SignHere::Customer1

Scott Lees
Vice President-Western Division
Date: $docusign:DateSigned::Customer1
Docusign Envelope ID: EFED8DAB-FD00-49B0-BE4D-25DCE3F79997 Scott Lees
6/27/2025
VP Government Sales - West
7/1/2025
259
City Council
Staff Report

Subject:

Adoption of Policy Implementing SB 937 Fee Deferral Requirements Date:

August 26, 2025
Submitted By:

David Mohlenbrok, Community Development Director
Crystal Hodgson, Assistant City Attorney
Matthew McOmber, City Attorney
Department:

Community Development
Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Adopting a Policy for Implementation of SB 937 and Authorizing the City Manager to Develop a Program Consistent with the Requirements of SB 937, Update Processes, and Take All Other Actions Necessary to be Compliant with the Requirements of SB 937.

Background:

State law authorizes the City of Rocklin (City) to collect development impact fees from new development projects. The City administers several development impact fee programs that fund new development’s share of certain capital infrastructure projects, such as for transportation, parks, drainage, etc. The California Mitigation Fee Act regulates the development impact fees that local agencies impose.

On September 19, 2024, Governor Newsom signed Senate Bill (SB) 937 into law; its provisions took effect January 1, 2025. SB 937 amends section 66007 of the California Government Code to require payment of development impact fees for residential development at the time of the final inspection or issuance of the certificate of occupancy. The City’s current practice is to collect development impact fees at the time of building permit payment and issuance, unless the project is a qualifying affordable housing project and has entered into a fee deferral agreement.

To be compliant with the requirements of SB 937, several chapters of the Rocklin Municipal Code (RMC) relating to development impact fees need to be updated. Staff will bring the appropriate changes to the RMC to the City Council for consideration at a future meeting.

The Policy for Implementation of SB 937 is attached to the proposed resolution as Exhibit A (Attachment 2). The Policy provides a framework to implement SB 937, and includes the following provisions:

Item Number C8.

260
For a project considered a “designated residential development project,” fees shall generally be due prior to the issuance of the certificate of occupancy or temporary certificate of occupancy, whichever occurs first for each residential unit, or for the first unit in a development, unless the designated residential development project will be built in phases. If built in phases, the City Manager may allow the payment of deferred fees to be due on the final inspection or certificate of occupancy (whichever is sooner) of the first permit in each phase. The fees shall be those in effect as of the date of the building permit issuance. The City is not permitted to charge interest or other fees for the deferral.

When fees for designated residential development projects are deferred pursuant to SB 937, the building permit applicant shall execute a fee deferral agreement in substantially the same form as attached to the Policy. The agreement shall constitute a lien at the time of building permit issuance until payment of the fees or charges has been made. If the City is prohibited from making the agreement a lien for certain housing projects that are 100% affordable to lower income households, the City Manager may require a deed of trust or similar method to secure payment of the deferred fees.

The City will not accept partial payments.

For a mixed-use development, which includes both residential and non-residential development, a fee deferral agreement may be executed, which would align the fee payment due date of the non-residential portion with the due date of the residential portion, and which applies all other applicable provisions of the Policy.

Fiscal Impact:

SB 937 will impact the timing of when the City receives individual impact fee program funds as the impact fees will be collected at the time of the final inspection or issuance of the certificate of occupancy, rather than at payment and issuance of the building permit, as has traditionally been done. This delay could affect the delivery of capital improvement projects, as these impact fee programs are an important funding source for those projects. Staff will monitor these changes and potential impacts to delivery of City-constructed projects.

ATTACHMENTS:

1. Resolution

2. Resolution Exhibit A - Policy for Implementation of SB 937 261
Resolution No. 2025- August 26, 2025 Page 1 of 2
1 RESOLUTION NO. 2025-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
ADOPTING A POLICY FOR IMPLEMENTATION OF SB 937

AND AUTHORIZING THE CITY MANAGER OR DESIGNEE

TO DEVELOP A PROGRAM CONSISTENT WITH THE
REQUIREMENTS OF SB 937, UPDATE PROCESSES,

AND TAKE ALL OTHER ACTIONS NECESSARY TO BE
COMPLIANT WITH THE REQUIREMENTS OF SB 937

WHEREAS, California Government Code Section 66000, et seq., (hereinafter Mitigation Fee Act) regulates development impact fees that are imposed on new development projects; and

WHEREAS, on September 19, 2024, the Governor signed Senate Bill (SB) 937 into law, which amends section 66007 of the California Government Code, changing the timing of when development impact fees for residential projects can be collected to the time of issuance of the certificate of occupancy; and

WHEREAS, compliance with the requirements of SB 937 will require development and implementation of a program and associated policies, updates to current processes, and amendments to numerous sections of the Rocklin Municipal Code related to development impact fees; and

WHEREAS, the adoption of the legislation and its effective date of January 1, 2025, necessitates t he adoption of a City policy to implement the provisions of SB 937 and to avoid potential non-compliance with state law for projects processed in 2025.

NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Rocklin hereby adopts the Policy, attached hereto and incorporated herein by reference, and authorizes the City Manager or designee to develop a program consistent with the requirements of SB 937 and the Policy, update proc esses, execute any fee deferral agreements, or amendments thereto, for residential and mixed-use projects or any other project for which a fee deferral agreement, or amendment thereto, is necessary or appropriate under SB 937, and execute all documents and take all other actions reasonably necessary to comply with the requirements of SB 937.

262
Resolution No. 2025- August 26, 2025 Page 2 of 2
1 PASSED AND ADOPTED this 26th day of August, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

____________________________________
Jill Gayaldo, Mayor

ATTEST:

____________________________
Avinta Singh, City Clerk
263

1 Policy for Implementation of SB 937

1. The provisions of Policy for Implementation of SB 937 shall apply to fees or charges imposed on residential development for the construction of public improvements or facilities consistent with Senate Bill 937 (“SB 937”). Except as otherwise provided below with respect to mixed-use projects, this Policy does not apply to non-residential development.

The provisions of this Policy shall apply to any building permit issued on or after January 1, 2025, regardless of the date of application to the City.

2. City development impact fees that are subject to SB 937 at the time this Policy is adopted are described on Exhibit 1 to this Policy.

3. The City Attorney shall develop a model fee deferral agreement, in a form substantially similar to the form attached hereto as Exhibit 2, to be used when fees are deferred as required by SB 937, which shall be posted on the City’s website, as required by Government Code Section 66007, subd.(d)(5).

4. The City Manager shall have the authority to enter into a fee deferral agreement, in a form acceptable to the City Attorney, when appropriate for the application of SB 937 to a specific development project, and such impact fees subject to deferral under SB 937 shall be deferred consistent with SB 937 and this Policy. The fee deferral agreement shall constitute a lien for the payment of the deferred fees. Fee deferral agreement shall be recorded in the office of the Placer County Recorder’s Office.

Where allowed or required by law, the City Manager may require that an owner post a performance bond, obtain a letter of credit, or execute a deed of trust or other additional or alternative methods to secure the agreement to pay deferred fees.

5. For a residential development that meets the definition of “designated residential development project” as provided in Government Code Section 66007(c)(4):

a. Development impact fees shall be due prior to the issuance of the Certificate of Occupancy or temporary Certificate of Occupancy, whichever occurs first, for the first residential unit in a project . No Certificate of Occupancy or temporary Certificate of Occupancy shall be issued until all applicable deve lopment impact fees are paid.

For designated residential development projects consisting of multiple residences that are built in phases, the City Manager may allow the owner to pay deferred fees for each phase of the project prior to the issuance of the Certificate of Occupancy or temporary Certificate of Occupancy for the first unit in each phase, rather than requiring the payment of deferred fees for the entire project before the Certificate of Occupancy or Temporary Certificate of Occupancy is issued for the first unit in the project.

b. The amount of the fees to be paid shall be the amount otherwise due, as provided in the City Council-adopted fee schedule along with any applicable index adjustments as provided in the fee’s accompanying nexus stu dy, as of the date of the issuance of the subject building permit for the unit(s) included in that building permit, unless otherwise permitted by state law, no interest shall be charged to the 264

2 applicant for the period of time the fees are deferred.

6. Nothing herein shall preclude a developer from paying any applicable development impact fee at a date prior to the Certificate of Occupancy, as applicable.

7. Unless otherwise agreed to in a fee deferral agreement, or as required by law, the City will not accept partial payments, or payments for only a portion of the fees due for the subject building permit. The City will only accept a full and complete payment for the unit(s) covered under the applicable building permit.

8. In instances of a mixed-use development, which includes both residential and non- residential development, the City Manager or designee may execute a fee deferral agreement with the developer of such project, which aligns the due date of development impact fees for the non-residential portions of the project with the due date for the residential development and applies all other applicable provisions of this Policy to the entirety of the project. Further, this Policy does not preclude the City Manager from approving a fee deferral agreement for such a project which extends the term for which the development impact fees are due consistent with any other programs, policies, guidelines, and/or procedures for fee deferrals adopted by City Council, and for which, pursuant to the terms of that adopted program, policy, or guidelines, the payment of fees are due subsequent to issuance of the Certificate of Occupancy when surety is provided.

9. There are provisions of Rocklin Municipal Chapter 3.16 that require development impact fees to be paid prior to the issue of a building permit. To the extent that these provisions are inconsistent with the state law, in particular in Government Code Section 66007 added by SB 937 (2024), the City Manager is authorized take necessary steps to comply with state law’s fee deferral requirements. The Community Development Director, in consultation with the City Attorney’s Office, is hereby directed to prepare and present for City Council approval necessary ordinances to enact municipal code amendments to make Chapter 3.16 consistent with the state law’s development impact fee deferral requirements.

Attachments:

1. Schedule of City Fees Due at Building Permit Noting Fee Subject to Deferral Under SB 937

2. Model Fee Deferral Agreement

265

3 Attachment 1 - Schedule of City Fees Due at Building Permit

A. Fees subject to deferral under SB 937 for all “residential development projects” including application for single building permit

1. City Development Impact Fees
• Community and Recreation Facilities Impact Fee
• City Traffic Fee
• City Public Facilities Impact Fee
• Park Improvement Impact Fee
• Trails Impact Fee

2. Impact Fees that we Collect as Pass-Through
• Dry Creek Watershed Drainage Fee
• Placer County Capital Facilities Impact Fee
• South Placer Regional Transportation Agency (SPRTA) Impact Fees

B. Fees Subject to Deferral ONLY for Residential Development Project with 49% Lower Income Housing – with respect to the units designated for lower income occupancy (not market rate units)
• Hwy 65 Interchange fee

C. Fees NOT Subject to deferral under SB 937

1. City Special Taxes
• City Construction Tax
• Park Improvement Impact Fee

2. City Building Permit / Inspection Fees / State Mandated Regulatory Fees • Continuing Education Fee
• Construction & Demolition Debris Recycling
• CalGreen Building Standards
• State Building Standards Fee
• Building Inspection
• Building Plan Check
• Electrical Permit Fees
• Mechanical Permit Fee
• Plumbing Permit Fee
• Seismic
• Permit Processing Fee
• Special Services – Records Maintenance Fee

266

4 Attachment 2- Model Fee Deferral Contract

RECORDING REQUESTED BY AND WHEN
RECORDED RETURN TO:

City of Rocklin
City Clerk’s Office
3790 Rocklin Road
Rocklin, CA 95677

______________________________________________________________________ [Exempt from recording fee per Gov. Code § 27383] (Space Above This Line for Recorder's Use Only)

AGREEMENT AFFECTING REAL PROPERTY AND CREATING A LIEN

TO SECURE PAYMENT OF CERTAIN DEFERRED DEVELOPMENT IMPACT FEES FOR DESIGNATED RESIDENTIAL DEVELOPMENT PROJECT (SB 937)

This development impact fee deferral agreement (the "Agreement") is entered into as of ______________________ (the “Effective Date”), by and between ____________________ (the “Property Owner”), and the City of Rocklin, a California municipal corporation (the “City”).

RECITALS

A. The Property Owner owns and intends to develop that certain real property commonly known as ____________________ and more fully described in Exhibit A, which is attached and incorporated by reference into this Agreement (the "Project''). [for entitled projects, add “Property Owner has received approval to develop the Project pursuant to [insert Reso lution No. for entitlements.”]]

B. The Project is a “designated residential development project” subject to the requirements of Government Code Section 66007(c) (the "Project"). The Project consists of _______ parcel(s).

C. The City is authorized to levy development impact fees to offset the impacts of development on the local system of infrastructure such as roads, water facilities, wastewater facilities and community facilities.

D. The Property Owner desires for the City to defer the payment of certain development impact fees for the Property from the time of issuance of a building permit to a later time.

E. The City desires to allow the fee deferral subject to the execution of a fee deferral agreement authorized by City of Rocklin Resolution No. 2025-XX, and 267

5 Government Code Section 66007(d).

F. The total amount of development impact fees to be deferred under this Agreement is currently estimated to be $_____________, pursuant to Government Code Sections 65589.5(o)(2)(A) and 66007(c) (the “Deferred Fees”), and which fees are described in Exhibit B.

NOW, THEREFORE, in consideration of the mutual terms, provisions, covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Property Owner and the City agree as follows:

1. Deferred Fees. The development fees for the Property that are to be deferred pursuant to this Agreement are defined and detailed in Recital F.

2. Payment of Deferred Fees. The Property Owner agrees to pay to the City the Deferred Fees. The outstanding balance of the Deferred Fees is due and payable to the City on a lump -sum basis when the first dwelling unit in the Project receives its first: (1) certificate of occupanc y; or (2) temporary certificate of occupancy, whichever occurs first (the “Fee Deadline”). Any portion of the Deferred Fees that remains unpaid at the expiration of the Fee Deadline is immediately due and payable. Any unpaid Deferred Fees balance is immediately due and payable upon the sale of the entire Property.

3. Maximum Deferral Period. The provisions of Section 2 notwithstanding, the maximum deferral period for the Deferred Fees is five (5) years from the date of issuance of the Project's first building permit, if construction of the Project does not begin within that time period (the "Maximum Deferral Period"). Any portion of the Deferred Fees that remains unpaid at the expiration of the Maximum Deferral Period is immediately due and payable.

4. Building Permit Issuance. The Property Owner represents that he or she has obtained or will obtain within sixty (60) days of the effective date of this Agreement all building permits for the Project. If the Property Owner does not timely obtain the building permits, then the Deferred Fees shall become due and immediately payable.

5. Escrow. The Property Owner shall notify the City in writing of the opening of each escrow for the sale of each parcel or dwelling in the Project. If an escrow account is opened for the sale of a parcel or dwelling in the Project, the Property Owner shall provide in those escrow instructions that the portion of the Deferred Fees attributable to the parcel or dwelling shall be paid to the City from the sale proceeds in escrow before sale proceeds are disbursed to the seller.

6. Lien Created. This Agreement, when recorded, is a lien against the Property that guarantees the payment in full of the Deferred Fees, and the City’s cost of 268

6 enforcement (including foreclosure) and collection, including attorney’s fees.

7. City Lien Primary. The Property Owner shall submit proof satisfactory to the City that the lien created by this Agreement is not secondary to any existing or future encumbrance.

8. Release of Lien. Upon full payment of the Deferred Fees and complete satisfaction of all terms and conditions of this Agreement by the Property Owner, the City will release the lien created hereunder by executing a lien release. If the City receives payment for the portion of the Deferred Fees attributable to a dwelling or structure, and the dwelling or structure is located on a parcel separate from others in the Project, the City will record a release of lien as to the parcel where the dwelling or structure is located.

9. Default. If the Property Owner fails to pay any amount owing under this Agreement and such failure is continuing thirty (30) days after the Property Owner’s receipt of written notice of such failure from the City, the City may withhold issuance of any certificates of occupancy or temporary certificates of occupancy for the Project. The City has the right to exercise all rights and remedies and to maintain a ny action in law or equity to enforce the terms and covenants of this Agreement. The City may pursue collection through all available legal and administrative means, including but not limited to judicial foreclosure of the recorded lien against the Property and civil judgment against the applicant for breach of this Agreement. The obligation secured by this Agreement includes, in addition to the amount of the Deferred Fees, all costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing the obligation secured by this Agreement, all to be taxed as costs and included in any judgment rendered.

10. Successors in Interest. Each Property Owner who is a party to this Agreement is jointly and severally liable for compliance with its terms. This Agreement binds the Property Owner's heirs, successors, assigns, and any other person claiming under them. If there is more than one successor in interest, all successors will be jointly and severally liable for all obligations under this Agreement. This section does not limit the effect of Section 11 (Assignment).

11. Assignment. This Agreement may not be assigned or otherwise transferred to a person or entity not a party to this Agreement without the express prior written consent of the City. Any person or entity seeking assignment or transfer of this Agreement shall meet all of the terms and conditions of this Agreement and City of Rocklin Resolution No. 2025- XX. Assignment is not effective until the proposed assignee executes an assignment and assumption agreement, in a form acceptable to the City Attorney, assuming all duties and obligations of the Property Owner under this Agreement. Any assignment or transfer not in strict compliance with this provision will: (1) be null and void; (2) constitute a material breach of this Agreement; and (3) cause the Deferred Fees to become due and 269

7 immediately payable at the time of the attempted assignment or transfer.

12. Third-Party Beneficiaries. The following fees collected by City at building permit are “pass -through” fees that the City collects at building permit issuance on behalf of othe r local government agencies or joint powers authorities that are deferred under this Agreement.

 Dry Creek Watershed Drainage Fee
 Placer County Cap Facilities Impact Fee
 South Placer Regional Transportation Agency Impact Fees

The Property Owner is oblig ated to pay those local agencies fees being deferred per the requirements of this Agreement, and the obligation to pay those fees shall inure to the benefit of, and be enforceable by the local government that imposed the fee, regardless of whether it is a party to this Agreement per Gov. Code §66007 (d)(2).

13. Applicable Law; Venue. This Agreement is governed by and construed in accordance with the substantive laws of the State of California without regard to its conflict of laws rules. The venue for any legal action pertaining to this Agreement shall be Placer County, California.

14. Waiver. If either the City or the Property Owner at any time or times waives any breach of this Agreement by the other, such waiver will not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or any other covenant, condition or obligation. Waiver is not effective until and unless signed by the waiving party.

15. Severability. If any provision of this Agreement is for any reason held to be invalid or unenforceable, the remainder of this Agreement will not be affected and remains valid and fully enforceable.

16. Indemnity. The Property Owner agrees to defend, indemnify and hold harmless the City, its officials, employees and agents for any and all actions, proceedings, damages, claims, costs and attorneys' fees arising out of, or related to, this Agreement, except to the extent arising from the sole negligence or willful misconduct of the City or its officials, employees, or agents.

17. Notices. All correspondence regarding this Agreement must be directed to the following persons at the following addresses:

CITY:

David Mohlenbrok
Community Development Director
City of Rocklin
3970 Rocklin Road
270

8 Rocklin, CA 95677

PROPERTY OWNER:

XX

18. Entire Agreement. This Agreement contains the entire agreement between the parties and all prior understandings or agreements, oral or written, regarding this matter are superseded. This Agreement may not be modified except by written mutual agreement signed by the parties.

SIGNATURE PAGE FOLLOWS

271

9 CITY PROPERTY OWNER

By: ______________________ By: __________________
[Name, Title] [Name, Title]

PROPERTY OWNER SIGNATURE MUST BE NOTARIZED
272

10 Exhibit A – Legal Description of the Property

273

11 Exhibit B- Description of the Deferred Fees

274
City Council
Staff Report

Subject:
2024 Homeland Security Grant Program - Award of Grants
Date:

August 26, 2025
Submitted By:

Chris Osborne, Lieutenant
Rustin Banks, Police Chief
Reginald Williams, Fire Chief
Department:

Fire
Recommendation:

Adopt a Resolution Approving and Authorizing the City Manager to Execute Subawardee Grant Agreements with the County of Placer Accepting the Terms and Awards of the 2024 Homeland Security Grant Program.

Background:

The Homeland Security Grant Program (HSGP) provides financial support to improve the ability to protect against, prevent, respond to, and recover from terrorist acts, as well as other emergencies and disasters. This program is essential for strengthening the nation’s preparedness and resilience. It includes a range of risk-based grants designed to assist state, local, tribal, and territorial efforts in preventing, protecting against, mitigating, responding to, and recovering from acts of terrorism and various threats. The grant enables recipients to obtain the necessary resources to implement the National Preparedness System and work towards the National Preparedness Goal of ensuring a secure and resilient nation.

On December 4, 2023, the City of Rocklin Fire Department applied for the Homeland Security Grant Program through the Placer County Office of Emergency Services. The purpose of the grant is to expand the department's complement of multi-band radio, improving county-wide interoperable communications. On May 1, 2025, the Fire Department was awarded $37,084, with a spending period that begins on August 12, 2025, and concludes on December 31, 2026.

On December 5, 2023, the City of Rocklin Police Department also applied for the Homeland Security Grant Program through the Placer County Office of Emergency Services. This grant also aims to enhance the department’s multi-band radio program to improve interoperability communications throughout the county. On May 1, 2025, the Police Department was awarded $56,077, with the same spending period running from August 12, 2025, to December 31, 2026.

Item Number C9.

275
The California Governor’s Office of Emergency Services (Cal OES) and the Federal Emergency Management Agency (FEMA) require the City Council to certify the approval of the grant awards and acceptance of the terms and funding through a Resolution (Attachment 1).

The total amount of grant awards is $93,161, and no matching funds are required. To accept the grant funds in the Fiscal Year 2025/26 Operating Budget, the Resolution authorizes budget amendments to allocate $37,084 into the Other Reimbursables Fund (Fund 275), along with offsetting revenue, and to allocate $56,077 into the Traffic Safety/PD Grant Fund (Fund 244), also with offsetting revenue, to account for and administer the grant.

Fiscal Impact:

The total amount of the grants is $93,161. There is no direct fiscal impact as no City match is required.

ATTACHMENTS:

1. Resolution

2. Resolution Exhibit A - County of Placer Notifications of Subaward

3. Resolution Exhibit B - Department of Homeland Security Subaward Grant Agreement - City of Rocklin Fire Department

4. Resolution Exhibit C - Department of Homeland Security Subaward Grant Agreement - City of Rocklin Police Department

5. Resolution Exhibit D - Quote 3217445 Motorola Solutions

6. Resolution Exhibit E - Quote 3140449 Motorola Solutions 276
Resolution No. 2025- August 26, 2025 Page 1 of 2
1 RESOLUTION NO. 2025-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE

SUBAWARDEE GRANT AGREEMENTS WITH THE COUNTY OF

PLACER ACCEPTING THE TERMS AND AWARDS OF THE
2024 HOMELAND SECURITY GRANT PROGRAM

WHEREAS, on or about December 4 , 2023, the City of Rocklin Fire Department applied for and on May 1, 2025 was notified of an award in the amount of thirty-seven thousand and eighty-four dollars ($37,084) of Homeland Security Grant Program Funds, eligible for use starting on or about August 12, 2025 and concluding December 31, 2026; and

WHEREAS, on or about December 5, 2023 the City of Rocklin Police Department applied for and on May 1, 2025 was notified of an award in the amount of fifty-six thousand and seventy -seven dollars ($ 56,077) of Homeland Security Grant Program Funds, eligible for use starting on or ab out August 12, 2025 and concluding December 31, 2026; and

WHEREAS, the grant funds for both Fire and Police will be used to increase to the City ’s multi-band radio program , which wil l enhance intra- and inter -agency communications countywide; and

WHEREAS, the Califo rnia Governor’s Office of Emergency Services (Cal OES) and Federal Emergency Management Agency (FEMA) require the City of Rocklin’s City Council to adopt a resolution supporting the application and the proposed Grant Activities and identify the individual authorized to execute th e associated Subawardee Grant Agreement; and

WHEREAS, the County of Placer N otifications of Suba ward are attached hereto as Exhibit A; and

WHEREAS, the Department of Homeland Security Subaward Grant Agreements are attached hereto as Exhibits B (Fire) and C (Police); and

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

Section 1. The City Council of the City of Rocklin hereby approves of and authorizes the City Manager to execute the Subawardee Grant Agreement with respect to grant funds awarded to the Rocklin Fire Department (Contract No. 20 24-0088-061) and the Subawardee Grant Agreement with respect to g rant f unds awarded to the Rocklin Police Department (Contract No. 2024-0088-062) and to sign any and all other forms and documents and take all related actions required by the awarding a gencies and terms and conditions of the Grants, in order to obtain and manage use of the Grant 277
Resolution No. 2025- August 26, 2025 Page 2 of 2
1 funds and to otherwise take actions reasonably necessa ry to accept the terms and awards of the 2024 State Homeland Security Grant Program , for both of the awards of grant funds described herein to Fire and Police.

Section 2. The City Council further authori zes expenditures in the amounts of up to $56,037.75 to purchase the items set forth in Quote 3217445 (addressed to the Rocklin Police Department) and $37,02 7.63 to purchase the items set f orth in Quote 3140449 (addressed to the Rocklin Fire Department) , provided each such purchase otherwise complies with applicable provisions of the Rocklin Municipal Code and that any required contracts for the purchases are approved by the City Attor ney as to form.

Subject to the foregoi ng, t he City Manager is authorized to execute agreements and forms reasonably necessary for the purchases authorized in this Resolution.

Section 3. In accordance with Section two ( 2) herein, the City Manager is authorized to increase the revenue and expenditure budgets by up to $37,084 in the Fire Department’s Operating Budget within the Other Reimbursable Fund (Fund 275) to implement and administer the grant.

Section 4. In accordance with S ection two ( 2) herein, the Ci ty Manager is authorized to increase the revenue and expenditu re budgets by up to $5 6,077 in the Police Department’s Operating Budget within the Traffic Safety and Police G rants Fund (Fund 244) to implement and administer the grant.

PASSED AND ADOPTED this 26th day of August, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

____________________________________
Jill Gayaldo, Mayor

ATTEST:

____________________________
Avinta Singh, City Clerk

278
279
280
PAGE 1 OF 11

Placer County Office of Emergency Services
DHS Agreement with City of Rocklin

DEPARTMENT OF HOMELAND SECURITY

SUBAWARDEE GRANT AGREEMENT

CONTRACT NO: 2024-0088-061
DEPARTMENT: Placer County Office of Emergency Services SUBAWARDEE: City of Rocklin
SUBAWARDEE UEI #: F9JTDAHKSBX5

GRANT INFORMATION:

Fiscal Year (FY) 2024 Homeland Security Grant Program (HSGP) Subaward #2024-5 088
Subaward Period: 09/01/2024 – 05/31/2027
Federal Grantor Agency – US Department of Homeland Security CFDA #97.067 Pass-through State Agency – California Office of Emergency Services FIPS #061-00000, Subaward #2024-0088

This Agreement is entered into as of the date last signed below (“Effective Date”) between the County of Placer, a political subdivision of the State of California (hereinafter “County”) and City of Rocklin (hereinafter “SUBAWARDEE”, collectively “Parties”).

WHEREAS, County has been designated as the pass-through agent for the local administration of the State Homeland Security Grant Program (“SHSGP”) which consists of federally awarded funds from the Federal Emergency Management Agency (“FEMA”) through the California Governor’s Office of Emergency Services (“CalOES”); and

WHEREAS, SUBAWARDEE submitted an application to County for an award of a portion of the SHSGP that has been awarded to County; and

WHEREAS, County has approved SUBAWARDEE’s application for such grant funds conditioned on SUBAWARDEE’s approval and execution of this Agreement; and

WHEREAS, the purpose of this Agreement is to memorialize SUBAWARDEE’s legal obligations with respect to its use of the grant funds and its compliance with the terms and conditions of the SHSGP; and

WHEREAS, pursuant to Placer County Board of Supervisors Resolution No. 2022-128 (current HSGP GBR) dated June 21, 2022, which is attached hereto and incorporated herein as Exhibit C, the Assistant Director of the Placer County Office of Emergency Services (“PlacerOES”) has been authorized to execute this Agreement on behalf of County; and

WHEREAS, County and SUBAWARDEE desire to enter into this Agreement on the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, County and SUBAWARDEE agree as follows:

1. GRANT FUNDS & GRANT ACTIVITIES. SUBAWARDEE will utilize 2024 State Homeland Security Grant Program SHSGP grant funds (“Grant Funds”) only in the amount, type, and manner described in Exhibit A (“Scope of Grant Activities”). SUBAWARDEE will complete the tasks and/or activities in Exhibit A (“Grant Activities”) within the term of this Agreement. 281
PAGE 2 OF 11

Placer County Office of Emergency Services
DHS Agreement with City of Rocklin

2. TERM OF AGREEMENT. This Agreement commences on the last date of execution of this Agreement and shall terminate on December 31, 2026 (December of year prior to closeout date).

3. SHSGP OBLIGATIONS.

A. Federal and State Requirements. The state and federal grant award requirements are provided in Exhibit B (“CalOES Standard Assurances”). SUBAWARDEE shall abide by all requirements therein, including:

i. The Department of Homeland Security Standard Terms and Conditions referenced therein.

ii. The requirement to provide proof in the form of a duly adopted resolution of the SUBAWARDEE’s governing body supporting the application and the proposed Grant Activities and identifying the individual who is authorized to execute this Agreement, which shall be provided as Exhibit D to this Agreement.

iii. The requirement to adhere to government cost principles, uniform administrative requirements, and audit requirements provided in 2 CFR 200, as they may be updated from time to time by the federal Office of Management and Budget.

iv. The requirement to adhere to all applicable federal regulations; the FEMA Notice of Funding Opportunity (“NOFO”); the FEMA Preparedness Grants Manual; the California Supplement to the NOFO; and federal and state grant program guidelines.

v. The audit and access to records provisions, which require SUBAWARDEE to provide County, the Comptroller General of the Unities States, and, if appropriate, the state, with access to all records related to the Grant Funds.

B. Procurement. SUBAWARDEE’s systems for acquiring goods and services under this Agreement shall comply with applicable federal regulations. All contracts awarded by SUBAWARDEE related to this Agreement, including but not limited to those in amounts less than the simplified acquisition threshold, shall contain the provisions set forth in 2 CFR 200, as applicable.

C. Use of Grant Funds for Fee or Profit Prohibited. The use of Grant Funds for the payment of any fee or profit under a sub-award, as defined in 2 CFR 200 subpart A–E, is not allowable.

The term sub -award does not include the SUBAWARDEE’s procurement of goods and services needed to carry out Grant Activities.

D. Post-Award Requirements . SUBAWARDEE shall meet all c loseout and continuing responsibilities, such as equipment tracking, monitoring, auditing , and records retention pursuant to the requirements in Exhibit B. SUBAWARDEE expressly agrees that use of the funds award is subject to single audit requirements pursuant to 2 CFR Part 200, Subpart F – Audit Requirements, Section 200.500.

E. Notification of Adverse Developments. The SUBAWARDEE shall notify County in writing of any developments that have a significant adverse impact on Grant Activities, as soon as reasonably practicable. This notification shall include a statement of the adverse issues, 282
PAGE 3 OF 11

Placer County Office of Emergency Services
DHS Agreement with City of Rocklin
impact expected, action taken or contemplated, and any assistance needed to resolve the situation.

F. Pre-award Costs. SUBAWARDEE may not incur pre-award costs prior to the effective date of this Agreement as determined by CalOES. If SUBAWARDEE chooses to incur pre-award costs, it is at SUBAWARDEE’s sole risk and shall not impose any obligation on County.

G. Unexpended Allocation. SUBAWARDEE is not authorized to carry forward any unexpended allocation of Grant Funds beyond the term of this Agreement. As soon as SUBAWARDEE is aware that Grant Funds will not be expended, SUBAWARDEE shall notify County in writing and return the unused allocation of Grant Funds to County.

H. Ownership of Work Product. All technical data, evaluations, plans, specifications, reports, documents, or other work products developed by SUBAWARDEE hereunder shall be the property of the federal government, state, and County and shall be delivered to County by SUBAWARDEE upon completion of the Grant Activities. SUBAWARDEE may retain copies thereof for its files and internal use. Publication of the information directly derived from work performed or data obtained in connection with services rendered under this Agreement must first be approved in writing by County and state as applicable.

I. Property. Title to all nonexpendable and expendable tangible personal property purchased by the SUBAWARDEE with Grant Funds shall be deemed to have vested in the SUBAWARDEE upon purchase, in accordance with the provisions of 2 CRF 200, without further obligation. Title to any federally owned property remains vested in the federal government. No real property may be acquired with Grant Funds.

J. Reports. SUBAWARDEE shall submit the following reports and/or information electronically to County:

i. Quarterly Status Report. This report form provided by County, is due 15 days after quarter end, shall keep the County informed of SUBAWARDEE activity and progress toward accomplishment of the objectives of the Grant Activities.

ii. Equipment Tracking. SUBAWARDEE shall submit equipment information to County at least every 18 months, as required by 2 CFR 200. The equipment information must include a physical inventory report of all equipment that was purchased with the Grant Funds. SUBAWARDEE must report all equipment valued under $5,000 to County, and County approval is required to remove such equipment from the equipment inventory report. Equipment that is lost, stolen, or destroyed needs to be reported to County and may need to be replaced by SUBAWARDEE at SUBAWARDEE’s sole expense.

4. GRANT FUND PAYMENT.

A. County shall process SUBAWARDEE’s payment requests on a reimbursement basis. Grant Funds shall not be paid in advance. SUBAWARDEE shall submit payment requests quarterly, as provided below.

i. Quarter 1 (January–March): Payment request due April 15

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ii. Quarter 2 (April–June): Payment request July 15

iii. Quarter 3 (July–September): Payment request October 15

iv. Quarter 4 (October–December): Payment request January 15

With each payment request, SUBAWARDEE must provide supporting documentation reflecting actual costs incurred and associated Grant Activities performed and/or completed.

Failure to meet the above deadlines and/or provide supporting documentation may result in payment delays.

B. Each payment request must include a certification, signed by an official who is authorized to legally bind the SUBAWARDEE, which reads as follows:

“By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative penalties for fraud, false statements, and false claims otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729–3730 and 3801–3812).”

C. County will review each payment request from SUBAWARDEE and, if approved, submit the request to CalOES on behalf of SUBAWARDEE. CalOES may submit the request to FEMA for approval.

D. SUBAWARDEE understands and acknowledges that County does not control either the process for approving payment requests submitted to CalOES or CalOES’s decision regarding the payment request. Responsibility for processing, approving, and making payment in connection with any payment request submitted by SUBAWARDEE lies exclusively with CalOES and County shall have no financial liability to SUBAWARDEE for CalOES’s failure to process, approve, or make payment in connection with any payment request.

E. If the County becomes aware of any deficiencies in the payment request, County shall communicate the deficiencies to the SUBAWARDEE along with the corrective action necessary to allow County to submit the payment request to CalOES. SUBAWARDEE shall be responsible for correcting any deficiencies in the request.

F. When County receives Grant Funds from CalOES, County will process payment of Grant Funds to SUBAWARDEE. Because of the multiple agencies involved in reviewing and approving these payment requests, payment processing may take up to twelve (12) months.

5. DISGORGEMENT. SUBAWARDEE understands and acknowledges that its failure to comply with the requirements of this Agreement, including but not limited to its failure to comply with the rules and regulations governing the use of Grant Funds, may result in an audit or monitoring of SUBAWARDEE’s use of the Grant Funds or SUBAWARDEE’s compliance with the rules and regulations governing its use of Grant Funds, or both, by FEMA or CalOES. SUBAWARDEE further understands and acknowledges that the result of any such audit may be a demand by FEMA, CalOES, and/or County that SUBAWARDEE repay (disgorge) some or all of the Grant Funds . 284
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DHS Agreement with City of Rocklin
SUBAWARDEE shall indemnify, defend, and hold harmless the County, its Board of Supervisors, officers, directors, agents, and employees from and against any and all claims, demands, actions, losses, liabilities, damages, and costs, including reasonable attorneys’ fees, arising out of or resulting from a demand from FEMA or CalOES, or both, for repayment of some or all of the Grant Funds as a result of SUBAWARDEE’s failure to comply with any term or condition of this Agreement.

6. NOT
ICES. Any notice, request, demand, or other communication required or authorized under this Agreement shall be deemed to be properly given when:

A. Del
ivered personally to the person below, as of the date of delivery; or B. Mai
led to the physical address listed below by U.S. Mail or similar service, with postage prepaid and properly addressed, as of the date of postmark; or C. Em
ailed to the email address(es) below, as of the date a read receipt, an acknowledgement from the recipient, or other proof of delivery is received by the sender.

In
the case of County, to:

Name, Title: David Atkinson, Assistant Director of Emergency Services Address: 2968 Richardson Dr.

Auburn CA, 95603
Telephone: 530-886-5300
Email: [email protected]
In
the case of SUBAWARDEE, to:

Name, Title:

Address:

Reginald Williams, Chief
4060 Rocklin Road
Rocklin, CA 95677
Telephone:

Email:
916-625-5300
[email protected]

7. TE
RMINATION AND ENFORCEMENT. This Agreement may be terminated by County if SUBAWARDEE materially fails to comply with the terms and conditions herein. Such termination shall be effective upon service of written notice of termination on SUBAWARDEE. As an alternative to termination, County may, in its sole and exclusive discretion, impose special conditions or take appropriate action as provided in 2 CFR 200 subpart D.

8. IN
DEMNIFICATION. SUBAWARDEE shall indemnify, defend, and hold harmless the County, its Board of Supervisors, officers, directors, agents, employees, and volunteers from and against any and all claims, demands, actions, losses, liabilities, damages, and costs, including reasonable attorneys’ fees, arising out of or related to this Agreement. This obligation to indemnify will survive termination of this Agreement.

9. EX
HIBITS; MERGER CLAUSE; AMENDMENTS. This Agreement, including all Exhibits and Attachments, incorporated herein by this reference, constitutes the sole Agreement between the Parties and correctly states the rights, duties, and obligations of each party as of this document’s date. In the event that any term, condition, provision, requirement, or specification set forth in the body of t his Agreement conflicts with or is inconsistent with any term, condition, provision, 285
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DHS Agreement with City of Rocklin
requirement, or specification in any Exhibit and/or Attachment to this Agreement, the provisions of the body of the Agreement shall prevail. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding.

All subsequent modifications or amendments to this Agreement shall be in writing and signed by the parties.

10. SUCCESSORS AND ASSIGNS. This Agreement is to be binding on the successors of the parties hereto. The services called for herein are deemed unique and SUBAWARDEE shall not assign, transfer, or otherwise substitute its interest in this Agreement.

11. CONFLICT OF INTEREST. SUBAWARDEE certifies that it has no current business or financial relationship with any County employee or official, or other County contract provider that could create a conflict with this Agreement and will not enter into any such business or financial relationships during the period of this Agreement. SUBAWARDEE attests that its employees and the officers of its governing body shall avoid any actual or potential conflicts of interest, and that no officer or employee who exercises any functions or responsibilities in connection with this Agreement shall have any legally prohibited personal financial interest or benefit which either directly or indirectly arises out of this Agreement. SUBAWARDEE shall establish safeguards to prohibit employees or officers from using their positions for a purpose which could result in legally prohibited private gain or gives the appearance of being motivated for legally prohibited private gain for themselves or others, particularly those with whom they have family, business, or other ti es. SUBAWARDEE certifies that no official or employee of the County, nor any business entity in which an official of the County has an interest, has been employed or retained to solicit or aid in the procuring of this Agreement. In addition, SUBAWARDEE agrees that no such person will be employed in the performance of this Agreement without immediately notifying the County.

12. VALIDITY OF ALL PARTS OF THE AGREEMENT. Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.

13. GOVERNING STATE LAWS AND JURISDICTION. This Agreement is executed and intended to be performed in the State of California, and the laws of that State shall govern its interpretation and effect. Any legal proceedings on this agreement shall be brought under the jurisdiction of the Superior Court of the County of Placer, State of California. Each party waives any Federal court removal and/or original jurisdiction rights it may have.

14. WAIVERS IN PART. County’s waiver of the performance of any covenant, condition, obligation, representation, warranty or promise in this Agreement shall not invalidate this Agreement or be deemed a waiver of any other covenant, condition, obligation, representation, warranty or promise. County’s waiver of the time for performing any act or condition hereunder does not constitute a waiver of the act or condition itself.

15. INTERPRETATION. This Agreement shall be deemed to have been prepared equally by both of the parties, and the Agreement and its individual provisions shall not be construed or interpreted more favorably for one party on the basis that the other party prepared it.

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DHS Agreement with City of Rocklin

16. DUPLICATE COUNTERPARTS; ELECTRONIC SIGNATURE. This Agreement may be executed in duplicate counterparts. Each counterpart shall be an original and both together shall constitute but one and the same document. This Agreement shall not be deemed executed unless and until at least one counterpart bears the signatures of all parties’ designated signatories.

I
n addition, this Agreement and future documents relating to this Agreement may be digitally signed in accordance with California law. Any party to this Agreement may revoke such agreement to permit electronic signatures at any time in relation to all future documents by providing notice pursuant to this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Agreement.

CITY OF ROCKLIN (“SUBAWARDEE”)* COUNTY OF PLACER (“COUNTY”) _____________________________________

Signature
_____________________________________

David Atkinson, PE
Assistant Director of Emergency Services
Placer County Office of Emergency Services
_____________________________________
Print Name
Chair of the Board, President, or
Vice President
Date: _______________________________ Date: ______________________________ _____________________________________

Signature
Approved as to Form
Office of Placer County Counsel
_____________________________________
Print Name
_____________________________________
Secretary, Asst. Secretary,
Chief Financial Officer, or A sst.

Treasurer
Date: _______________________________
Date: ______________________________
E
XHIBITS:

Exhibit A: Scope of Grant Activities
Exhibit B: CalOES Standard Assurances
Exhibit C: County Resolution No. 2022-128
Exhibit D: SUBAWARDEE Resolution No. XXXXX
Aly Zimmermann, City Manager
287
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DHS Agreement with City of Rocklin

EXHIBIT A

SCOPE OF GRANT ACTIVITIES
See Attachment A

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DHS Agreement with City of Rocklin

EXHIBIT B
CalOES STANDARD ASSURANCES
See Attachment B

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DHS Agreement with City of Rocklin

EXHIBIT C
COUNTY RESOLUTION NO. 2022-128
See Attachment C
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DHS Agreement with City of Rocklin

EXHIBIT D
SUBAWARDEE RESOLUTION NO. XXXXX
S
ee Attachment D
291
3/25/24, 1:38 PM Homeland Security Grant Program (HSGP) FY2024 Project Application https://forms.office.com/Pages/DesignPageV2.aspx?origin=NeoPortalPage&subpage=design&id=DOpnDCUV3EupM96HnECBHc9M23e3e5BPtt0zRj… 1/5 View results
Anonymous 06:04
Time to complete
6 Respondent
Applicant Agency *1.

City of Rocklin, Fire Department
Applicant Address *2.
4060 Rocklin Road, Rocklin, CA 95677
Primary Contact Name *3.

Reginald Williams
Primary Contact Title *4.

Chief of Fire
Primary Contact Email *5.

[email protected]
Primary Contact Phone *6.
916-625-5310
Finance Contact Name *7.

Karen Smith
Finance Contact Title *8.

Administrative Analyst

EXHIBIT A
292
3/25/24, 1:38 PM Homeland Security Grant Program (HSGP) FY2024 Project Application https://forms.office.com/Pages/DesignPageV2.aspx?origin=NeoPortalPage&subpage=design&id=DOpnDCUV3EupM96HnECBHc9M23e3e5BPtt0zRj… 2/5 Finance Contact Email *9.

[email protected]
Finance Contact Phone *10.
916-625-5356
Project Title: (Brief Project Summary - 20 Words or Fewer) *11.

Motorola All-Band Portable Radio upgrade
Funding Amount Requested *12.
$97,814.04
Yes
No
Is your agency able to fund the remainder of this project if only partial funding is allocated? *13.

Yes
No
Has a cost analysis been performed? *14.

Yes
No
Are all costs reasonable, necessary, and allowable as defined in 2CFR Subpart E? https://www.ecfr.gov/current/title-2/subtitle- A/chapter-II/part-200/subpart-E *

15. Equipment
Training
Planning
Exercise
Project Type *16.

EXHIBIT A
293
3/25/24, 1:38 PM Homeland Security Grant Program (HSGP) FY2024 Project Application https://forms.office.com/Pages/DesignPageV2.aspx?origin=NeoPortalPage&subpage=design&id=DOpnDCUV3EupM96HnECBHc9M23e3e5BPtt0zRj… 3/5 Deployable
Shareable
Both
Is your project deployable throughout the operational area, shareable with partner agencies, or both? *17.

Enhancing the protection of soft targets/crowded places Enhancing information and intelligence sharing and cooperation with federal agencies Combating domestic violent extremism
Enhancing community preparedness and resilience
Enhancing cybersecurity
Enhancing election security
This project does not satisfy a National Priority
Does the project fulfill one of the following National Priorities? *18.

Enhance Information Collection, Analysis, and Sharing, in Support of Public Safety Operations Across California Protect Critical Infrastructure and Key Resources from All Threats and Hazards Strengthen Security and Preparedness Across Cyberspace
Strengthen Communications Capabilities through Planning, Governance, Technology, and Equipment Enhance Community Preparedness
Enhance Multi-Jurisdictional/Inter-Jurisdictional All-Hazards Incident Catastrophic Planning, Response, and Recovery Capabilities Improve Medical and Health Capabilities
Enhance Incident Recovery Capabilities
Strengthen Food and Agriculture Preparedness
Enhance Homeland Security Exercise, Evaluation, and Training Programs Does the project fulfill one of the State Homeland Security Priorities? *19.

EXHIBIT A
294
3/25/24, 1:38 PM Homeland Security Grant Program (HSGP) FY2024 Project Application https://forms.office.com/Pages/DesignPageV2.aspx?origin=NeoPortalPage&subpage=design&id=DOpnDCUV3EupM96HnECBHc9M23e3e5BPtt0zRj… 4/5 Enhance Information and Intelligence Sharing and Cooperation with Federal Agencies, including DHS Enhance the Protection of Soft Targets/Crowded Places
Enhance Cybersecurity
Address Emergent Threats
Combating Domestic Violent Extremism through Enhanced Intelligence Collection & Analysis, Training, and Community Resilience Strengthen Emergency Communications Capabilities Through Planning, Governance, Technology, and Equipment Enhance Medical and Public Health Preparedness
Strengthen Information Sharing and Collaboration
Enhance Community Capabilities through Multi-Jurisdictional/ Inter-Jurisdictional All-Hazards Incident Planning, Response & Recovery Coordination, including Partnerships with Volunteers and Community Based Organizations and Programs Protect Critical Infrastructure and Key Resources (includes Food and Agriculture) Does the project fulfill one of the California State Investment Strategies? *20.

Project Description: Include the following information: Who the project is for (local HazMat Team, Fire Services, Law Enforcement, EOC, etc.); what the project entails (plans, equipment, training, exercises); where the project will take place (city, county, region); when the project will start and end (must be within the grant period of performance); why the project is necessary or what the intended benefit will be. (Limit 750 words) *

21. What: Ten (10) Motorola APX 8000ex all-band portable radios with accessories Where: Rocklin Fire Department will implement all-band portable radios within the city of Rocklin and within Placer County When: Upon securing all required equipment and technology to fully implement Why: Expansion to a digital platform with all-band radios enables expanded communications while enhancing multi-jurisdictional and inter-jurisdictional all-hazard incident planning, response, and coordination.

Placer County has five (5) fire dispatch centers operating a combination of 800 MHz and vhf frequencies. Many automatic and mutual aid responses require personnel to rely on unreliable frequency patches and limit available operational communication bands. Rocklin fire's implementation of all-band radios will provide each operational firefighter and supervisor on shift with the ability to communicate on multi-jurisdictional incidents within placer county. The ability to operate in multi-band communication systems will strengthen communication capabilities, increase firefighter safety, enhance the multi-agency preparedness response within placer county, and increase resilience by having flexible communication systems to coordinate with local and federal fire and law enforcement agencies. By utilizing the multi-band frequencies capabilities of the radios, personnel can enhance the community preparedness and resilience in all-hazard incident preparation, response, and recovery resulting in increased efficiencies and safety.

Is this a regional/multi-agency or agency-specific project? If this is a regional/multi-agency project, which agency will take the lead?  *

22. Agency specific project
This is an agency-specific project to serve regional and multi-agency cooperation to improve interoperability within Placer County and beyond.

EXHIBIT A
295
3/25/24, 1:38 PM Homeland Security Grant Program (HSGP) FY2024 Project Application https://forms.office.com/Pages/DesignPageV2.aspx?origin=NeoPortalPage&subpage=design&id=DOpnDCUV3EupM96HnECBHc9M23e3e5BPtt0zRj… 5/5 Explain the terrorism nexus for this project.  Give specific terrorism-related potential incidents and explain how your project (equipment, training, exercise, and plans) prevents such events. How does your project relate to the mission of Homeland Security “to ensure a homeland that is safe, secure, and resilient against terrorism and other hazards"? *

23. Although the city of Rocklin is known as a quiet suburb of Sacramento with highly acclaimed schools, quiet neighborhoods, and low crime activity, the city is not immune to the challenges faced by other or much larger municipalities and/or counties. Terrorism nexus can be easily tied to continued organized retail theft occurring at alarming rates around our city, drug transactions, larceny crimes (including vehicle and home), and arson.

The city of Rocklin is home to two college campuses (Sierra College and Jessup University); two major freeways (CA-65 and Interstate-80); a plethora of popular shopping centers (Commons, Crossings, Sierra Meadows, Willowrock, Rock Creek, etc); a neighboring regional mall (Westfield Roseville Galleria); a comprehensive railway system adjacent to high-pressure petroleum lines (supplied by Kinder Morgan); and bordered by the cities of Roseville, Granite Bay, Lincoln, and the Town of Loomis while only a short 22 miles from our state capitol, Sacramento. The need for interoperability and mutual-aid is paramount to the success of any incident, the safety of our personnel, the people we serve, and the property we protect.

Any crime is an attack on the city and its citizens which can fester into larger problems and have lasting effects. Rocklin is home to one of two transfer and pumping stations owned by Kinder Morgan, Inc. Having the capacity to store over ten million gallons of fuel and being responsible for providing Reno's substation with fuel products, a deliberate incident at this facility will create supply chain issues throughout many western states. An incident of greater alarm would require assistance from the county, regional, and federal partners who communicate using 800 mhz frequencies. Rocklin could experience a mass shooting at a school or other vendue or be subject to intentional fire setting.

The City of Rocklin relies on mutual aid from surrounding agencies as well as state and federal agencies and provides the same to them when called to action It is imperative each unit is able to communicate clearly.

If this project funds
Equipment, please provide the Equipment Type, AEL Code, AEL Title, Quantity Needed, Unit Cost, and Total Cost.

24. PORTABLE RADIO; 06CP-01-PORT; RADIO, PORTABLE; QTY 10 @ $8367.62 EACH; $83,676.20 EXTENDED (APX8000XE RUGGED RADIO WITH PROGRAMMING OPTIONS);
ACCESSORIES; 06CP-03-PRAC; ACCESSORIES, PORTABLE RADIO; QTY 10; $752.57 EACH; $7,525.70 EXTENDED (BATTERY, CHARGER, AND AUDIO REMOTE SPEAKER);
TOTAL COST WITH SALES TAX: $97,814.04
If this project funds Equipment, please describe the jurisdiction’s maintenance and sustainability plans for the item(s).25.

The estimated useful life of the Motorola Solutions, Inc. APX8000 is to be up to seven years. The City of Rocklin Fire Department takes great pride in the handling and maintenance of its equipment. The Fire Department will establish a replacement schedule for the portable radios; radios will be retired that are at or near end of life and replaced with new equipment as a part of the budgeting process.

Equipment maintenance will be commensurate with our current radio program policy. Rocklin Fire Department will budget annually for equipment maintenance and repairs. City Fire Personnel are trained to conduct minor repairs while other services requiring greater expertise will be sent to authorized service centers.

If this project funds
Training, please provide the Course Title, Course Provider, Course Location, Number of Students, Student Agency, Materials and Supply Costs, Travel Costs, and Total Cost. and Total Cost.

26. N/A
If this project funds an Exercise, please provide the Course Title, Course Provider, Course Location, Number of Students, Student Agency, Materials and Supply Costs, Travel Costs, and Total Cost.

27. N/A
If this project funds Planning, please provide the costs for Contractors, Consultants, Conferences, Meetings, Materials and Supply Costs, Travel Costs, and Total Cost.

28. N/A

EXHIBIT A
296

FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.

The requirements outlined in these assurances apply to Applicant and any of its subrecipients.

I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.

Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.) and adopted by the Department of Homeland Security (DHS) at 2 C.F.R. Part 3002.10. Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.

In the event Cal OES determines that changes are necessary to the subaward after a subaward has been made, including changes to period of performance or terms and conditions, Applicants will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Applicant acceptance of the changes to the subaward.

State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:

1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:

EXHIBIT B
297

FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
(d) The Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) The official executing this agreement is authorized by the Applicant.

This Proof of Authority must be maintained on file and readily available upon request.

2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.

3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) 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 an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

EXHIBIT B
298

FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
(b) 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.
(c) The Applicant shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.

Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency.

4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application 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;

EXHIBIT B
299

FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
(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 (4)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.

Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

5. Non-Discrimination and Equal Employment Opportunity The Applicant will comply with all state and federal statutes relating to non- discrimination, including:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. § 12101et seq.), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), whichprohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units — i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators) — be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201);

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(h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; (k) DHS policy to ensure the equal treatment of faith-based organizations, under which the Applicant must comply with equal treatment policies and requirements contained in
6 C.F.R. Part 19;
(l) The California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940-12957), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions;
(m)Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.

Civil Rights Policies for Program Beneficiaries and Subrecipients of DHS funding, pertaining to the following are available on the Cal OES website:
• Non-discrimination in Programs & Services
• Reasonable Accommodation for Program Beneficiaries
• Language Access Policy

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6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.),the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.

7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) The California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000-21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387);
(c) The Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) The Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmentaland human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);

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(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); and
(m)The Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease-and- desist order pursuant to section 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.

8. Audits
For subrecipients expending $1,000,000 or more in federal grant funds annually, the Applicant will perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and C.F.R., Part 200, Subpart F Audit Requirements.

9. Cooperation and Access to Records
The Applicant must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.

10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant’s employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which provides that Applicant shall not submit a false claim for payment, reimbursement, or advance.

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FY 2024 Standard Assurances For Cal OES Federal
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12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds, and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R. Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R.

Part 25, Appendix A.

13. Whistleblower Protections
The Applicant must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.

14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the Applicant or its subrecipients from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.

15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et seq.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non- profit organizations.

16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.

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17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires federal award subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.); and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.

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19. Use of Cellular Device While Driving is Prohibited
The Applicant is required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.

20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code §7920.000 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.

21. Acknowledgment of Federal Funding from DHS
The Applicant must acknowledge its use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

22. Activities Conducted Abroad
The Applicant must coordinate with appropriate government authorities when performing project activities outside the United States and obtain all appropriate licenses, permits, or approvals.

23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. If the Applicant collects PII, the Applicant is required to have a publicly-available privacy policy that describes standards on the usage and maintenance of the PII they collect. The Applicant may refer to the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as a useful resource.

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FY 2024 Standard Assurances For Cal OES Federal
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24. Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any work first produced under federal awards and also include an acknowledgement that the work was produced under a federal award (including the federal award number and federal awarding agency). As detailed in 2 C.F.R. § 200.315, a federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes and to authorize others to do so.

25. Duplicative Costs
Applicants are prohibited from charging any cost to this federal award that will be included as a cost or used to meet cost sharing or matching requirements of any other federal award in either the current or a prior budget period. (See 2 C.F.R. § 200.403(f)).

However, recipients may shift costs that are allowable under two or more federal awards where otherwise permitted by federal statutes, regulations, or the federal financial assistance award terms and conditions.

26. Energy Policy and Conservation Act
The Applicant must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

27. Federal Debt Status
The Applicant is required to be non-delinquent in its repayment of any federal debt.

Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.

28. Fly America Act of 1974
The Applicant must comply with Preference for United States Flag Air Carriers:
(a list of certified air carriers can be found at: Certificated Air Carriers List | US Department of Transportation, https://www.transportation.gov/policy/aviation- policy/certificated-air-carriers-list) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.

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29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the Applicant must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.

30. Non-supplanting Requirement
If the Applicant receives federal financial assistance awards made under programs that prohibit supplanting by law, the Applicant must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.

31. Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable regulations governing inventions and patents, including the regulations issued by the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Awards, Contracts, and Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. § 401.14.

32. SAFECOM
If the Applicant receives federal financial assistance awards made under programs that provide emergency communication equipment and its related activities, the Applicant must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

33. Terrorist Financing
The Applicant must comply with Executive Order 13224 and United States law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. The Applicant is legally responsible for ensuring compliance with the Order and laws.

34. Reporting of Matters Related to Recipient Integrity andPerformance If the total value of the Applicant’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, the Applicant must comply with the requirements set forth in the

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government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.

35. USA Patriot Act of 2001
The Applicant must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.

36. Use of DHS Seal, Logo, and Flags
The Applicant must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials.

37. Performance Goals (HSGP and NSGP)
In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, the Applicant must demonstrate how the grant-funded project addresses the core capability gap associated with each project. The capability gap reduction must be addressed in the Project Description of the BSIR for each project.

38. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon the Applicant and flow down to any of its subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.

39. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
The Applicant must comply with the “Build America, Buy America” Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order 14005. Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:

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(a) All iron and steel used in the project are produced in the United States – this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (b) All manufactured products used in the project are produced in the United States – this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (c) All construction materials are manufactured in the United States – this means that all manufacturing processes for the construction material occurred in the United States.

The “Buy America” preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

Per section 70914(c) of BABAA, FEMA may waive the application of a Buy America preference under an infrastructure program in certain cases.

40. E.O. 14074 – Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety
Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local, or territorial law enforcement agencies are also encouraged to adopt and enforce policies consistent with E.O. 14074 to support safe and effective policing.

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IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc.

Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in these assurances. These assurances are binding on Applicant, its successors, transferees, assignees, etc. as well as any of its subrecipients.

Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.

All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Applicant may be ineligible for award of any future grants if Cal OES determines that the Applicant: (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

All of the language contained within this document must be included in the award documents for all subawards at all tiers. Applicants are bound by the DHS Standard Terms and Conditions 2024, Version 2, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fy15-dhs- standard-terms-and-conditions.

The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.

Applicant:

Signature of Authorized Agent:

Printed Name of Authorized Agent:

Title: Date:

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PAGE 1 OF 11

Placer County Office of Emergency Services
DHS Agreement with City of Rocklin

DEPARTMENT OF HOMELAND SECURITY

SUBAWARDEE GRANT AGREEMENT

CONTRACT NO: 2024-0088-062
DEPARTMENT: Placer County Office of Emergency Services SUBAWARDEE: City of Rocklin
SUBAWARDEE UEI #: F9JTDAHKSBX5

GRANT INFORMATION:

Fiscal Year (FY) 2023 Homeland Security Grant Program (HSGP) Subaward #2024-0088 Subaward Period: 09/01/2024 – 05/31/2027
Federal Grantor Agency – US Department of Homeland Security CFDA #97.067 Pass-through State Agency – California Office of Emergency Services FIPS #061-00000, Subaward #2024-0088

This Agreement is entered into as of the date last signed below (“Effective Date”) between the County of Placer, a political subdivision of the State of California (hereinafter “County”) and City of Rocklin (hereinafter “SUBAWARDEE”, collectively “Parties”).

WHEREAS, County has been designated as the pass-through agent for the local administration of the State Homeland Security Grant Program (“SHSGP”) which consists of federally awarded funds from the Federal Emergency Management Agency (“FEMA”) through the California Governor’s Office of Emergency Services (“CalOES”); and

WHEREAS, SUBAWARDEE submitted an application to County for an award of a portion of the SHSGP that has been awarded to County; and

WHEREAS, County has approved SUBAWARDEE’s application for such grant funds conditioned on SUBAWARDEE’s approval and execution of this Agreement; and

WHEREAS, the purpose of this Agreement is to memorialize SUBAWARDEE’s legal obligations with respect to its use of the grant funds and its compliance with the terms and conditions of the SHSGP; and

WHEREAS, pursuant to Placer County Board of Supervisors Resolution No. 2022-128 (current HSGP GBR) dated June 21, 2022, which is attached hereto and incorporated herein as Exhibit C, the Assistant Director of the Placer County Office of Emergency Services (“PlacerOES”) has been authorized to execute this Agreement on behalf of County; and

WHEREAS, County and SUBAWARDEE desire to enter into this Agreement on the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, County and SUBAWARDEE agree as follows:

1. GRANT FUNDS & GRANT ACTIVITIES. SUBAWARDEE will utilize 2024 State Homeland Security Grant Program SHSGP grant funds (“Grant Funds”) only in the amount, type, and manner described in Exhibit A (“Scope of Grant Activities”). SUBAWARDEE will complete the tasks and/or activities in Exhibit A (“Grant Activities”) within the term of this Agreement.

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2. TERM OF AGREEMENT. This Agreement commences on the last date of execution of this Agreement and shall terminate on December 31, 2026 (December of year prior to closeout date).

3. SHSGP OBLIGATIONS.

A. Federal and State Requirements. The state and federal grant award requirements are provided in Exhibit B (“CalOES Standard Assurances”). SUBAWARDEE shall abide by all requirements therein, including:

i. The Department of Homeland Security Standard Terms and Conditions referenced therein.

ii. The requirement to provide proof in the form of a duly adopted resolution of the SUBAWARDEE’s governing body supporting the application and the proposed Grant Activities and identifying the individual who is authorized to execute this Agreement, which shall be provided as Exhibit D to this Agreement.

iii. The requirement to adhere to government cost principles, uniform administrative requirements, and audit requirements provided in 2 CFR 200, as they may be updated from time to time by the federal Office of Management and Budget.

iv. The requirement to adhere to all applicable federal regulations; the FEMA Notice of Funding Opportunity (“NOFO”); the FEMA Preparedness Grants Manual; the California Supplement to the NOFO; and federal and state grant program guidelines.

v. The audit and access to records provisions, which require SUBAWARDEE to provide County, the Comptroller General of the Unities States, and, if appropriate, the state, with access to all records related to the Grant Funds.

B. Procurement. SUBAWARDEE’s systems for acquiring goods and services under this Agreement shall comply with applicable federal regulations. All contracts awarded by SUBAWARDEE related to this Agreement, including but not limited to those in amounts less than the simplified acquisition threshold, shall contain the provisions set forth in 2 CFR 200, as applicable.

C. Use of Grant Funds for Fee or Profit Prohibited. The use of Grant Funds for the payment of any fee or profit under a sub-award, as defined in 2 CFR 200 subpart A–E, is not allowable.

The term sub -award does not include the SUBAWARDEE’s procurement of goods and services needed to carry out Grant Activities.

D. Post-Award Requirements . SUBAWARDEE shall meet all c loseout and continuing responsibilities, such as equipment tracking, monitoring, auditing , and records retention pursuant to the requirements in Exhibit B. SUBAWARDEE expressly agrees that use of the funds award is subject to single audit requirements pursuant to 2 CFR Part 200, Subpart F – Audit Requirements, Section 200.500.

E. Notification of Adverse Developments. The SUBAWARDEE shall notify County in writing of any developments that have a significant adverse impact on Grant Activities, as soon as reasonably practicable. This notification shall include a statement of the adverse issues, 315
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DHS Agreement with City of Rocklin
impact expected, action taken or contemplated, and any assistance needed to resolve the situation.

F. Pre-award Costs. SUBAWARDEE may not incur pre-award costs prior to the effective date of this Agreement as determined by CalOES. If SUBAWARDEE chooses to incur pre-award costs, it is at SUBAWARDEE’s sole risk and shall not impose any obligation on County.

G. Unexpended Allocation. SUBAWARDEE is not authorized to carry forward any unexpended allocation of Grant Funds beyond the term of this Agreement. As soon as SUBAWARDEE is aware that Grant Funds will not be expended, SUBAWARDEE shall notify County in writing and return the unused allocation of Grant Funds to County.

H. Ownership of Work Product. All technical data, evaluations, plans, specifications, reports, documents, or other work products developed by SUBAWARDEE hereunder shall be the property of the federal government, state, and County and shall be delivered to County by SUBAWARDEE upon completion of the Grant Activities. SUBAWARDEE may retain copies thereof for its files and internal use. Publication of the information directly derived from work performed or data obtained in connection with services rendered under this Agreement must first be approved in writing by County and state as applicable.

I. Property. Title to all nonexpendable and expendable tangible personal property purchased by the SUBAWARDEE with Grant Funds shall be deemed to have vested in the SUBAWARDEE upon purchase, in accordance with the provisions of 2 CRF 200, without further obligation. Title to any federally owned property remains vested in the federal government. No real property may be acquired with Grant Funds.

J. Reports. SUBAWARDEE shall submit the following reports and/or information electronically to County:

i. Quarterly Status Report. This report form provided by County, is due 15 days after quarter end, shall keep the County informed of SUBAWARDEE activity and progress toward accomplishment of the objectives of the Grant Activities.

ii. Equipment Tracking. SUBAWARDEE shall submit equipment information to County at least every 18 months, as required by 2 CFR 200. The equipment information must include a physical inventory report of all equipment that was purchased with the Grant Funds. SUBAWARDEE must report all equipment valued under $5,000 to County, and County approval is required to remove such equipment from the equipment inventory report. Equipment that is lost, stolen, or destroyed needs to be reported to County and may need to be replaced by SUBAWARDEE at SUBAWARDEE’s sole expense.

4. GRANT FUND PAYMENT.

A. County shall process SUBAWARDEE’s payment requests on a reimbursement basis. Grant Funds shall not be paid in advance. SUBAWARDEE shall submit payment requests quarterly, as provided below.

i. Quarter 1 (January–March): Payment request due April 15

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DHS Agreement with City of Rocklin
ii. Quarter 2 (April–June): Payment request July 15

iii. Quarter 3 (July–September): Payment request October 15

iv. Quarter 4 (October–December): Payment request January 15

With each payment request, SUBAWARDEE must provide supporting documentation reflecting actual costs incurred and associated Grant Activities performed and/or completed.

Failure to meet the above deadlines and/or provide supporting documentation may result in payment delays.

B. Each payment request must include a certification, signed by an official who is authorized to legally bind the SUBAWARDEE, which reads as follows:

“By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative penalties for fraud, false statements, and false claims otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729–3730 and 3801–3812).”

C. County will review each payment request from SUBAWARDEE and, if approved, submit the request to CalOES on behalf of SUBAWARDEE. CalOES may submit the request to FEMA for approval.

D. SUBAWARDEE understands and acknowledges that County does not control either the process for approving payment requests submitted to CalOES or CalOES’s decision regarding the payment request. Responsibility for processing, approving, and making payment in connection with any payment request submitted by SUBAWARDEE lies exclusively with CalOES and County shall have no financial liability to SUBAWARDEE for CalOES’s failure to process, approve, or make payment in connection with any payment request.

E. If the County becomes aware of any deficiencies in the payment request, County shall communicate the deficiencies to the SUBAWARDEE along with the corrective action necessary to allow County to submit the payment request to CalOES. SUBAWARDEE shall be responsible for correcting any deficiencies in the request.

F. When County receives Grant Funds from CalOES, County will process payment of Grant Funds to SUBAWARDEE. Because of the multiple agencies involved in reviewing and approving these payment requests, payment processing may take up to twelve (12) months.

5. DISGORGEMENT. SUBAWARDEE understands and acknowledges that its failure to comply with the requirements of this Agreement, including but not limited to its failure to comply with the rules and regulations governing the use of Grant Funds, may result in an audit or monitoring of SUBAWARDEE’s use of the Grant Funds or SUBAWARDEE’s compliance with the rules and regulations governing its use of Grant Funds, or both, by FEMA or CalOES. SUBAWARDEE further understands and acknowledges that the result of any such audit may be a demand by FEMA, CalOES, and/or County that SUBAWARDEE repay (disgorge) some or all of the Grant Funds . 317
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Placer County Office of Emergency Services
DHS Agreement with City of Rocklin
SUBAWARDEE shall indemnify, defend, and hold harmless the County, its Board of Supervisors, officers, directors, agents, and employees from and against any and all claims, demands, actions, losses, liabilities, damages, and costs, including reasonable attorneys’ fees, arising out of or resulting from a demand from FEMA or CalOES, or both, for repayment of some or all of the Grant Funds as a result of SUBAWARDEE’s failure to comply with any term or condition of this Agreement.

6. NO
TICES. Any notice, request, demand, or other communication required or authorized under this Agreement shall be deemed to be properly given when:

A. D
elivered personally to the person below, as of the date of delivery; or B. M
ailed to the physical address listed below by U.S. Mail or similar service, with postage prepaid and properly addressed, as of the date of postmark; or C. E
mailed to the email address(es) below, as of the date a read receipt, an acknowledgement from the recipient, or other proof of delivery is received by the sender.

I
n the case of County, to:

Name, Title: David Atkinson, Assistant Director of Emergency Services Address: 2968 Richardson Dr.

Auburn CA, 95603
Telephone: 530-886-5300
Email: [email protected]
I
n the case of SUBAWARDEE, to:

Name, Title:

Address:

Rustin Banks, Chief
4080 Rocklin Road
Rocklin, CA 95677
Telephone:

Email:
916-625-5400
[email protected]

7. T
ERMINATION AND ENFORCEMENT. This Agreement may be terminated by County if SUBAWARDEE materially fails to comply with the terms and conditions herein. Such termination shall be effective upon service of written notice of termination on SUBAWARDEE. As an alternative to termination, County may, in its sole and exclusive discretion, impose special conditions or take appropriate action as provided in 2 CFR 200 subpart D.

8. I
NDEMNIFICATION. SUBAWARDEE shall indemnify, defend, and hold harmless th e C
ounty, its Board of Supervisors, officers, directors, agents, employees, and volunteers from and against any and all claims, demands, actions, losses, liabilities, damages, and costs, including reasonable attorneys’ fees, arising out of or related to this Agreement. This obligation to indemnify will survive termination of this Agreement.

9. E
XHIBITS; MERGER CLAUSE; AMENDMENTS. This Agreement, including all Exhibits and Attachments, incorporated herein by this reference, constitutes the sole Agreement between the Parties and correctly states the rights, duties, and obligations of each party as of this document’s date. In the event that any term, condition, provision, requirement, or specification set forth in the body of t his Agreement conflicts with or is inconsistent with any term, condition, provision, 318
PAGE 6 OF 11

Placer County Office of Emergency Services
DHS Agreement with City of Rocklin
requirement, or specification in any Exhibit and/or Attachment to this Agreement, the provisions of the body of the Agreement shall prevail. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding.

All subsequent modifications or amendments to this Agreement shall be in writing and signed by the parties.

10. SUCCESSORS AND ASSIGNS. This Agreement is to be binding on the successors of the parties hereto. The services called for herein are deemed unique and SUBAWARDEE shall not assign, transfer, or otherwise substitute its interest in this Agreement.

11. CONFLICT OF INTEREST. SUBAWARDEE certifies that it has no current business or financial relationship with any County employee or official, or other County contract provider that could create a conflict with this Agreement and will not enter into any such business or financial relationships during the period of this Agreement. SUBAWARDEE attests that its employees and the officers of its governing body shall avoid any actual or potential conflicts of interest, and that no officer or employee who exercises any functions or responsibilities in connection with this Agreement shall have any legally prohibited personal financial interest or benefit which either directly or indirectly arises out of this Agreement. SUBAWARDEE shall establish safeguards to prohibit employees or officers from using their positions for a purpose which could result in legally prohibited private gain or gives the appearance of being motivated for legally prohibited private gain for themselves or others, particularly those with whom they have family, business, or other ties. SUBAWARDEE certifies that no official or employee of the County, nor any business entity in which an official of the County has an interest, has been employed or retained to solicit or aid in the procuring of this Agreement. In addition, SUBAWARDEE agrees that no such person will be employed in the performance of this Agreement without immediately notifying the County.

12. VALIDITY OF ALL PARTS OF THE AGREEMENT. Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.

13. GOVERNING STATE LAWS AND JURISDICTION. This Agreement is executed and intended to be performed in the State of California, and the laws of that State shall govern its interpretation and effect. Any legal proceedings on this agreement shall be brought under the jurisdiction of the Superior Court of the County of Placer, State of California. Each party waives any Federal court removal and/or original jurisdiction rights it may have.

14. WAIVERS IN PART. County’s waiver of the performance of any covenant, condition, obligation, representation, warranty or promise in this Agreement shall not invalidate this Agreement or be deemed a waiver of any other covenant, condition, obligation, representation, warranty or promise. County’s waiver of the time for performing any act or condition hereunder does not constitute a waiver of the act or condition itself.

15. INTERPRETATION. This Agreement shall be deemed to have been prepared equally by both of the parties, and the Agreement and its individual provisions shall not be construed or interpreted more favorably for one party on the basis that the other party prepared it.

319
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Placer County Office of Emergency Services
DHS Agreement with City of Rocklin

16. DUPLICATE COUNTERPARTS; ELECTRONIC SIGNATURE. This Agreement may be executed in duplicate counterparts. Each counterpart shall be an original and both together shall constitute but one and the same document. This Agreement shall not be deemed executed unless and until at least one counterpart bears the signatures of all parties’ designated signatories.

In a
ddition, this Agreement and future documents relating to this Agreement may be digitally signed in accordance with California law. Any party to this Agreement may revoke such agreement to permit electronic signatures at any time in relation to all future documents by providing notice pursuant to this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Agreement.

CITY OR ROCKLIN (“SUBAWARDEE”)* COUNTY OF PLACER (“COUNTY”) _____________________________________
S
ignature
_____________________________________
D
avid Atkinson, PE
Assistant Director of Emergency Services
Placer County Office of Emergency Services
_____________________________________
Print Name
Chair of the Board, President, or
Vice President
Date: _______________________________ Date: ______________________________ _____________________________________
Signature
Approved as to Form
Office of Placer County Counsel
_____________________________________
Print Name
_____________________________________
Secretary, Asst. Secretary,
Chief Financial Officer, or Asst.

Tr
easurer
Date: _______________________________
Date: ______________________________
EX
HIBITS:

Exhibit A: Scope of Grant Activities
Exhibit B: CalOES Standard Assurances
Exhibit C: County Resolution No. 2022-128
Exhibit D: SUBAWARDEE Resolution No. XXXXX
Aly Zimmermann, City Manager
320
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Placer County Office of Emergency Services
DHS Agreement with City of Rocklin

EXHIBIT A

SCOPE OF GRANT ACTIVITIES
See Attachment A
321
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Placer County Office of Emergency Services
DHS Agreement with City of Rocklin

EXHIBIT B
CalOES STANDARD ASSURANCES
See Attachment B
322
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Placer County Office of Emergency Services
DHS Agreement with City of Rocklin

EXHIBIT C
COUNTY RESOLUTION NO. 2022-128
See Attachment C

323
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Placer County Office of Emergency Services
DHS Agreement with City of Rocklin

EXHIBIT D
SUBAWARDEE RESOLUTION NO. XXXXX
S
ee Attachment D
324
3/25/24, 1:39 PM Homeland Security Grant Program (HSGP) FY2024 Project Application https://forms.office.com/Pages/DesignPageV2.aspx?origin=NeoPortalPage&subpage=design&id=DOpnDCUV3EupM96HnECBHc9M23e3e5BPtt0zRj… 1/5 View results
Anonymous 07:41
Time to complete
9 Respondent
Applicant Agency *1.

City of Rocklin, Police Department
Applicant Address *2.
4080 Rocklin Road, Rocklin, CA 95677
Primary Contact Name *3.

Scott Horrillo
Primary Contact Title *4.

Captain
Primary Contact Email *5.

[email protected]
Primary Contact Phone *6.
916-625-5425
Finance Contact Name *7.

Karen Smith
Finance Contact Title *8.

Administrative Analyst

EXHIBIT A
325
3/25/24, 1:39 PM Homeland Security Grant Program (HSGP) FY2024 Project Application https://forms.office.com/Pages/DesignPageV2.aspx?origin=NeoPortalPage&subpage=design&id=DOpnDCUV3EupM96HnECBHc9M23e3e5BPtt0zRj… 2/5 Finance Contact Email *9.

[email protected]
Finance Contact Phone *10.
916-625-5356
Project Title: (Brief Project Summary - 20 Words or Fewer) *11.

Motorola All-Band Portable Radio Expansion
Funding Amount Requested *12.
$62,000.00
Yes
No
Is your agency able to fund the remainder of this project if only partial funding is allocated? *13.

Yes
No
Has a cost analysis been performed? *14.

Yes
No
Are all costs reasonable, necessary, and allowable as defined in 2CFR Subpart E? https://www.ecfr.gov/current/title-2/subtitle- A/chapter-II/part-200/subpart-E *

15. Equipment
Training
Planning
Exercise
Project Type *16.

EXHIBIT A
326
3/25/24, 1:39 PM Homeland Security Grant Program (HSGP) FY2024 Project Application https://forms.office.com/Pages/DesignPageV2.aspx?origin=NeoPortalPage&subpage=design&id=DOpnDCUV3EupM96HnECBHc9M23e3e5BPtt0zRj… 3/5 Deployable
Shareable
Both
Is your project deployable throughout the operational area, shareable with partner agencies, or both? *17.

Enhancing the protection of soft targets/crowded places Enhancing information and intelligence sharing and cooperation with federal agencies Combating domestic violent extremism
Enhancing community preparedness and resilience
Enhancing cybersecurity
Enhancing election security
This project does not satisfy a National Priority
Does the project fulfill one of the following National Priorities? *18.

Enhance Information Collection, Analysis, and Sharing, in Support of Public Safety Operations Across California Protect Critical Infrastructure and Key Resources from All Threats and Hazards Strengthen Security and Preparedness Across Cyberspace
Strengthen Communications Capabilities through Planning, Governance, Technology, and Equipment Enhance Community Preparedness
Enhance Multi-Jurisdictional/Inter-Jurisdictional All-Hazards Incident Catastrophic Planning, Response, and Recovery Capabilities Improve Medical and Health Capabilities
Enhance Incident Recovery Capabilities
Strengthen Food and Agriculture Preparedness
Enhance Homeland Security Exercise, Evaluation, and Training Programs Does the project fulfill one of the State Homeland Security Priorities? *19.

EXHIBIT A
327
3/25/24, 1:39 PM Homeland Security Grant Program (HSGP) FY2024 Project Application https://forms.office.com/Pages/DesignPageV2.aspx?origin=NeoPortalPage&subpage=design&id=DOpnDCUV3EupM96HnECBHc9M23e3e5BPtt0zRj… 4/5 Enhance Information and Intelligence Sharing and Cooperation with Federal Agencies, including DHS Enhance the Protection of Soft Targets/Crowded Places
Enhance Cybersecurity
Address Emergent Threats
Combating Domestic Violent Extremism through Enhanced Intelligence Collection & Analysis, Training, and Community Resilience Strengthen Emergency Communications Capabilities Through Planning, Governance, Technology, and Equipment Enhance Medical and Public Health Preparedness
Strengthen Information Sharing and Collaboration
Enhance Community Capabilities through Multi-Jurisdictional/ Inter-Jurisdictional All-Hazards Incident Planning, Response & Recovery Coordination, including Partnerships with Volunteers and Community Based Organizations and Programs Protect Critical Infrastructure and Key Resources (includes Food and Agriculture) Does the project fulfill one of the California State Investment Strategies? *20.

Project Description: Include the following information: Who the project is for (local HazMat Team, Fire Services, Law Enforcement, EOC, etc.); what the project entails (plans, equipment, training, exercises); where the project will take place (city, county, region); when the project will start and end (must be within the grant period of performance); why the project is necessary or what the intended benefit will be. (Limit 750 words) *

21. Who: City of Rocklin, Police Department
What: Seven (7) Motorola APX 8000 all-band portable radios with accessories Where: Rocklin Police Department will implement all-band portable radios within the city of Rocklin and within Placer County When: Upon securing all required equipment and technology to fully implement Why: Expansion to a digital platform with all-band radios enables expanded communications while enhancing multi-jurisdictional and inter-jurisdictional all-hazard incident planning, response, and coordination.

The Rocklin Police Department has developed a plan to update its portable radio infrastructure over the next few years. The department’s current analogue radio system doesn’t allow radio communications with all of its neighboring public safety partners. The current model of Motorola APX Dual Band Radio is expected to cost about $9,500 for a single unit, this price doesn’t allow for our department to outfit all of our field allocations with a radio. This radio model allows for the individual user to cross between radio frequencies and band types and communicate with first responders from outside agencies within our region.

If awarded this grant, the Rocklin Police Department will purchase seven (7) Motorola APX radios. These radios will be assigned to active department field personnel.

This project will begin as soon as the award is granted. The life expectancy of these radios varies, but is estimated to be around seven (7) years. The department has radios now that are over ten (10) years old.

Is this a regional/multi-agency or agency-specific project? If this is a regional/multi-agency project, which agency will take the lead?  *

22. Agency specific project
This is an agency-specific project to serve regional and multi-agency cooperation to improve interoperability within Placer County and beyond.

EXHIBIT A
328
3/25/24, 1:39 PM Homeland Security Grant Program (HSGP) FY2024 Project Application https://forms.office.com/Pages/DesignPageV2.aspx?origin=NeoPortalPage&subpage=design&id=DOpnDCUV3EupM96HnECBHc9M23e3e5BPtt0zRj… 5/5 Explain the terrorism nexus for this project.  Give specific terrorism-related potential incidents and explain how your project (equipment, training, exercise, and plans) prevents such events. How does your project relate to the mission of Homeland Security “to ensure a homeland that is safe, secure, and resilient against terrorism and other hazards"? *

23. Out of experience and de-briefs of terrorism related incidents and other mass casualty incidents, one of the most common issues is first responders not being able to communicate. The proposed Motorola APX Dual Band Radios allow for first responders to communicate across channels and bands to other first responders. By giving our first responders the ability to communicate, this helps to ensure a homeland that is resilient against terrorism and other hazards.

The Rocklin Police Department collaborates closely with allied agencies across Placer and Sacramento Counties. This partnership reflects a commitment to regional cooperation and a coordinated approach to law enforcement efforts in the broader community. The shared initiatives and joint activities with other agencies contribute to enhanced public safety and the effective management of law enforcement responsibilities across the region.

The Rocklin Police Department plays a crucial role as a part of the Rocklin-Roseville SWAT team, EOD team, and CINT team. The department actively collaborates with units from every agency in Placer County, as well as various local, state, and federal agencies.

Given the diverse range of agencies involved communication can be challenging. The ability to bring sufficient personnel together for operations is only as effective as the communication infrastructure supporting it. To address this, the department has identified that dual-band radios are needed. These radios will enable officers to communicate seamlessly with allied agencies across a variety of radio channels or bands, enhancing the overall coordination and efficiency of interagency operations. This adaptability is particularly valuable in dynamic situations where quick and effective communication is essential for the success of the collaborative efforts.

If this project funds
Equipment, please provide the Equipment Type, AEL Code, AEL Title, Quantity Needed, Unit Cost, and Total Cost.

24. PORTABLE RADIO; 06CP-01-PORT; RADIO, PORTABLE; QTY 7 @ $7,704.78 EACH; $77,047.80 EXTENDED (APX8000 RADIO WITH PROGRAMMING OPTIONS); ACCESSORIES; 06CP-03-PRAC; ACCESSORIES, PORTABLE RADIO; QTY 7; $388 EACH; $3,880 EXTENDED (BATTERY, CHARGER, AND AUDIO REMOTE SPEAKER); TOTAL COST WITH SALES TAX: $60,631.29 AS OF DECEMBER 2023 If this project funds
Equipment, please describe the jurisdiction’s maintenance and sustainability plans for the item(s).25.

The estimated useful life of the Motorola Solutions, Inc. APX8000 is to be up to seven years. The Police Department has established a replacement schedule for the portable radios; radios will be retired that are at or near end of life and replaced with new equipment as a part of the budgeting process.

Equipment maintenance will be alignment with our current radio program policy. The Rocklin Police Department will allocate budgeted funds annually to properly maintain the requested dual band radios.

If this project funds Training, please provide the Course Title, Course Provider, Course Location, Number of Students, Student Agency, Materials and Supply Costs, Travel Costs, and Total Cost. and Total Cost.

26. N/A
If this project funds an Exercise, please provide the Course Title, Course Provider, Course Location, Number of Students, Student Agency, Materials and Supply Costs, Travel Costs, and Total Cost.

27. N/A
If this project funds Planning, please provide the costs for Contractors, Consultants, Conferences, Meetings, Materials and Supply Costs, Travel Costs, and Total Cost.

28. N/A

EXHIBIT A
329

FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.

The requirements outlined in these assurances apply to Applicant and any of its subrecipients.

I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.

Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.) and adopted by the Department of Homeland Security (DHS) at 2 C.F.R. Part 3002.10. Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.

In the event Cal OES determines that changes are necessary to the subaward after a subaward has been made, including changes to period of performance or terms and conditions, Applicants will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Applicant acceptance of the changes to the subaward.

State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:

1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:

EXHIBIT B
330

FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
(d) The Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) The official executing this agreement is authorized by the Applicant.

This Proof of Authority must be maintained on file and readily available upon request.

2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.

3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) 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 an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

EXHIBIT B
331

FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
(b) 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.
(c) The Applicant shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.

Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency.

4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application 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;

EXHIBIT B
332

FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
(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 (4)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.

Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

5. Non-Discrimination and Equal Employment Opportunity The Applicant will comply with all state and federal statutes relating to non- discrimination, including:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. § 12101et seq.), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), whichprohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units — i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators) — be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201);

EXHIBIT B
333

FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
(h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; (k) DHS policy to ensure the equal treatment of faith-based organizations, under which the Applicant must comply with equal treatment policies and requirements contained in
6 C.F.R. Part 19;
(l) The California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940-12957), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions;
(m)Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.

Civil Rights Policies for Program Beneficiaries and Subrecipients of DHS funding, pertaining to the following are available on the Cal OES website:
• Non-discrimination in Programs & Services
• Reasonable Accommodation for Program Beneficiaries
• Language Access Policy

EXHIBIT B
334

FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs

6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.),the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.

7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) The California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000-21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387);
(c) The Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) The Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmentaland human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);

EXHIBIT B
335

FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); and
(m)The Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease-and- desist order pursuant to section 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.

8. Audits
For subrecipients expending $1,000,000 or more in federal grant funds annually, the Applicant will perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and C.F.R., Part 200, Subpart F Audit Requirements.

9. Cooperation and Access to Records
The Applicant must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.

10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant’s employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which provides that Applicant shall not submit a false claim for payment, reimbursement, or advance.

EXHIBIT B
336

FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs

12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds, and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R. Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R.

Part 25, Appendix A.

13. Whistleblower Protections
The Applicant must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.

14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the Applicant or its subrecipients from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.

15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et seq.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non- profit organizations.

16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.

EXHIBIT B
337

FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs

17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires federal award subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.); and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.

EXHIBIT B
338

FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs

19. Use of Cellular Device While Driving is Prohibited
The Applicant is required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.

20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code §7920.000 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.

21. Acknowledgment of Federal Funding from DHS
The Applicant must acknowledge its use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

22. Activities Conducted Abroad
The Applicant must coordinate with appropriate government authorities when performing project activities outside the United States and obtain all appropriate licenses, permits, or approvals.

23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. If the Applicant collects PII, the Applicant is required to have a publicly-available privacy policy that describes standards on the usage and maintenance of the PII they collect. The Applicant may refer to the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as a useful resource.

EXHIBIT B
339

FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs

24. Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any work first produced under federal awards and also include an acknowledgement that the work was produced under a federal award (including the federal award number and federal awarding agency). As detailed in 2 C.F.R. § 200.315, a federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes and to authorize others to do so.

25. Duplicative Costs
Applicants are prohibited from charging any cost to this federal award that will be included as a cost or used to meet cost sharing or matching requirements of any other federal award in either the current or a prior budget period. (See 2 C.F.R. § 200.403(f)).

However, recipients may shift costs that are allowable under two or more federal awards where otherwise permitted by federal statutes, regulations, or the federal financial assistance award terms and conditions.

26. Energy Policy and Conservation Act
The Applicant must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

27. Federal Debt Status
The Applicant is required to be non-delinquent in its repayment of any federal debt.

Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.

28. Fly America Act of 1974
The Applicant must comply with Preference for United States Flag Air Carriers:
(a list of certified air carriers can be found at: Certificated Air Carriers List | US Department of Transportation, https://www.transportation.gov/policy/aviation- policy/certificated-air-carriers-list) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.

EXHIBIT B
340

FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs

29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the Applicant must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.

30. Non-supplanting Requirement
If the Applicant receives federal financial assistance awards made under programs that prohibit supplanting by law, the Applicant must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.

31. Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable regulations governing inventions and patents, including the regulations issued by the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Awards, Contracts, and Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. § 401.14.

32. SAFECOM
If the Applicant receives federal financial assistance awards made under programs that provide emergency communication equipment and its related activities, the Applicant must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

33. Terrorist Financing
The Applicant must comply with Executive Order 13224 and United States law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. The Applicant is legally responsible for ensuring compliance with the Order and laws.

34. Reporting of Matters Related to Recipient Integrity andPerformance If the total value of the Applicant’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, the Applicant must comply with the requirements set forth in the

EXHIBIT B
341

FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.

35. USA Patriot Act of 2001
The Applicant must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.

36. Use of DHS Seal, Logo, and Flags
The Applicant must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials.

37. Performance Goals (HSGP and NSGP)
In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, the Applicant must demonstrate how the grant-funded project addresses the core capability gap associated with each project. The capability gap reduction must be addressed in the Project Description of the BSIR for each project.

38. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon the Applicant and flow down to any of its subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.

39. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
The Applicant must comply with the “Build America, Buy America” Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order 14005. Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:

EXHIBIT B
342

FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
(a) All iron and steel used in the project are produced in the United States – this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (b) All manufactured products used in the project are produced in the United States – this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (c) All construction materials are manufactured in the United States – this means that all manufacturing processes for the construction material occurred in the United States.

The “Buy America” preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

Per section 70914(c) of BABAA, FEMA may waive the application of a Buy America preference under an infrastructure program in certain cases.

40. E.O. 14074 – Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety
Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local, or territorial law enforcement agencies are also encouraged to adopt and enforce policies consistent with E.O. 14074 to support safe and effective policing.

EXHIBIT B
343

FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs

IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc.

Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in these assurances. These assurances are binding on Applicant, its successors, transferees, assignees, etc. as well as any of its subrecipients.

Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.

All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Applicant may be ineligible for award of any future grants if Cal OES determines that the Applicant: (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

All of the language contained within this document must be included in the award documents for all subawards at all tiers. Applicants are bound by the DHS Standard Terms and Conditions 2024, Version 2, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fy15-dhs- standard-terms-and-conditions.

The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.

Applicant:

Signature of Authorized Agent:

Printed Name of Authorized Agent:

Title: Date:

EXHIBIT B
344

EXHIBIT C
345

EXHIBIT C
346

QUOTE-3217445

ROCKLIN POLICE DEPT, CITY OF
Copy of APX 8000 (7)
07/23/2025

The design, technical, pricing, and other information (“Information”) furnished with this submission is confidential proprietary information of Motorola Solutions, Inc. or the Motorola Solutions entity providing this quote (“Motorola”) and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola.

MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2020 Motorola Solutions, Inc. All rights reserved.

347
07/23/2025

ROCKLIN POLICE DEPT, CITY OF
4060 ROCKLIN RD
ROCKLIN, CA 95677

RE: Motorola Quote for Copy of APX 8000 (7)
Dear Karen Smith,

Motorola Solutions is pleased to present ROCKLIN POLICE DEPT, CITY OF with this quote for quality communications equipment and services.  The development of this quote provided us the opportunity to evaluate your requirements and propose a solution to best fulfill your communications needs.

This information is provided to assist you in your evaluation process. Our goal is to provide ROCKLIN POLICE DEPT, CITY OF with the best products and services available in the communications industry. Please direct any questions to Ashton Dunnigan at [email protected].

We thank you for the opportunity to provide you with premier communications and look forward to your review and feedback regarding this quote.

Sincerely,

Ashton Dunnigan

QUOTE-3217445

348

Billing Address:

ROCKLIN POLICE DEPT, CITY OF
4060 ROCKLIN RD
ROCKLIN, CA 95677
US

Quote Date:07/23/2025
Expiration Date:09/21/2025
Quote Created By:

Ashton Dunnigan
Ashton.Dunnigan1@
motorolasolutions.com
End Customer:

ROCKLIN POLICE DEPT, CITY OF
Karen Smith
[email protected]
(916) 625-5356

Contract:  36779 - STATE OF CALIFORNIA
STPD-SW-1311-01

Summary:

Any sales transaction resulting from Motorola's quote is based on and subject to the applicable Motorola Standard Terms and Conditions, notwithstanding terms and conditions on purchase orders or other Customer ordering documents.

Motorola Standard Terms and Conditions are found at www.motorolasolutions.com/product-terms.

Line #

Item Number

Description

Qty

List Price

Disc %

Sale Price

Ext. Sale Price

APX™ 8000 Series

APX8000

1 H91TGD9PW6AN

PORTABLE RADIO APX 8000
ALL BAND MODEL 2.5

7 $8,226.00

42.0%

$4,771.08

$33,397.56

1a

H869BW

SOFTWARE LICENSE ENH:

MULTIKEY

7 $388.00

42.0%

$225.04

$1,575.28

1b

Q806CB

ADD: ASTRO DIGITAL CAI

OPERATION

7 $607.00

42.0%

$352.06

$2,464.42

1c

Q361AN

ADD: P25 9600 BAUD

TRUNKING

7 $353.00

42.0%

$204.74

$1,433.18

1d

QA05509AA

DEL: DELETE UHF BAND

7 -$800.00

0.0%

-$464.00

-$3,248.00

1e

Q887AU

ADD: 5Y ESSENTIAL SERVICE

7 $306.00

0.0%

$306.00

$2,142.00

1f

H38BS

ADD: SMARTZONE

OPERATION

7 $1,766.00

42.0%

$1,024.28

$7,169.96

1g

G996AP

ADD: PROGRAMMING OVER
P25 (OTAP)

7 $118.00

42.0%

$68.44

$479.08

1h

Q629AH

SOFTWARE LICENSE ENH:

AES ENCRYPTION AND ADP

7 $560.00

42.0%

$324.80

$2,273.60

1i

QA09113AB

ADD: BASELINE RELEASE SW

7 $0.00

0.0%

$0.00

$0.00

QUOTE-3217445
Copy of APX 8000 (7)

Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

349

Line #

Item Number

Description

Qty

List Price

Disc %

Sale Price

Ext. Sale Price

1j

QA05571AA

ALT: LI-ION IMPRES 2 IP68
4850 MAH

7 $142.68

42.0%

$82.75

$579.25

2 PMNN4487A

PORTABLE RADIO BATTERY
IMPRES 2 LI-ION R IP68
4850T

7 $218.30

42.0%

$126.61

$886.27

3 NNTN8860B

CHARGER, DESKTOP SINGLE
UNIT IMPRES 2, FAST US/NA

12 $199.56

42.0%

$115.74

$1,388.88

4 PMMN4099CL

PORTABLE RSM GCAI, IP68,

3.5MM JACK, EMER, 1 PROG,

HI/LO, LARGE

15 $152.54

42.0%

$88.47

$1,327.05

5 RLN4941A

EARPIECE, RECEIVE ONLY,
TRANSLUCET TUBE, 3.5MM

8 $82.13

41.99%

$47.64

$381.12

Subtotal

$52,249.65

Estimated Tax

$3,788.10

Grand Total
$56,037.75(USD)

Notes:

●

This quote is utilizing the State of California STPD contract. This order is subject to a 1% service fee that will be collected by the State of California.

QUOTE-3217445
Copy of APX 8000 (7)

Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

350
PurchaseOrderChecklistNAOM
MarkedasPO/Contract/NoticetoProceedonCompanyLetterhead(POwillnotbeprocessedwithoutthis) PONumber/ContractNumber
PODate
Vendor=MotorolaSolutions,Inc.

Payment(Billing)Terms/StateContractNumber
Bill-ToNameonPOmustbeequaltotheLegalBill-ToName
Bill-ToAddress
Ship-ToAddress(IfweareshippingtoaMRlocation,itmustbedocumentedonPO) UltimateAddress(IftheShip-ToaddressistheMRlocationthentheUltimateDestinationaddressmust bedocumentedonPO) POAmountmustbeequaltoorgreaterthanOrderTotal
Non-EditableFormat(Word/Exceltemplatescannotbeaccepted) TaxExemptionStatus
Signatures(Asrequired)
NOTE: Whenanemail order issubmittedaconfirmationissent fromMotorolaAutoNotifyreferencingacasenumber.Oncechecklist iscomplete, order still must gothroughOrderValidation/CreditApproval

351

Billing Address:

ROCKLIN, CITY OF
3970 ROCKLIN RD
ROCKLIN, CA 95677
US

Quote Date:05/23/2025
Expiration Date:09/15/2025
Quote Created By:

Ashton Dunnigan
Ashton.Dunnigan1@
motorolasolutions.com
End Customer:

ROCKLIN, CITY OF
Shawn Watkins
[email protected]
(916) 625-5300

Contract:  36779 - STATE OF CALIFORNIA
STPD-SW-1311-01
Payment Terms:30 NET

Summary:

Any sales transaction resulting from Motorola's quote is based on and subject to the applicable Motorola Standard Terms and Conditions, notwithstanding terms and conditions on purchase orders or other Customer ordering documents.

Motorola Standard Terms and Conditions are found at www.motorolasolutions.com/product-terms.

Line #

Item Number

Description

Qty

List Price

Contract Price

Disc %

Ext. Sale Price

APX™ 8000 Series

APX8000XE

1 H91TGD9PW7AN

PORTABLE RADIO APX 8000
ALL BAND MODEL 3.5

4 $8,651.00

$5,623.15

35.0%

$22,492.60

1a

Q806CB

ADD: ASTRO DIGITAL CAI

OPERATION

4 $607.00

$394.55

35.0%

$1,578.20

1b

Q361AN

ADD: P25 9600 BAUD

TRUNKING

4 $353.00

$229.45

35.0%

$917.80

1c

QA02006AC

PORTABLE RADIO ENH:

APX8000XE RUGGED RADIO

4 $942.00

$612.30

35.0%

$2,449.20

1d

Q887AU

ADD: 5Y ESSENTIAL SERVICE

4 $306.00

$306.00

0.0%

$1,224.00

1e

H38BS

ADD: SMARTZONE

OPERATION

4 $1,766.00

$1,147.90

35.0%

$4,591.60

1f

QA09113AB

ADD: BASELINE RELEASE SW

4 $0.00

$0.00

0.0%

$0.00

1g

Q667BB

ADD: ADP ONLY (NON-P25

CAP COMPLIANT) (US ONLY)

4 $0.00

$0.00

0.0%

$0.00

1h

Q53AF

ADD: FRONT PANEL

PROGRAMMING & CLONING

4 $177.00

$115.05

35.0%

$460.20

1i

QA01427AG

ALT: APX8000/XE HOUSING
GREEN

4 $30.00

$19.50

35.0%

$78.00

QUOTE-3140449
Copy of APX 8000XE (4)

Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

352

Line #

Item Number

Description

Qty

List Price

Contract Price

Disc %

Ext. Sale Price

2 PMNN4504A

PORTABLE RADIO BATTERY
IMPRES 2 LI-ION UL2054
DIV2 R IP68 3400T

1 $245.21

$159.39

35.0%

$159.39

3 PMMN4107C

PORTABLE RSM XE500
GREEN, IP68, NO KNOB

1 $636.00

$413.40

35.0%

$413.40

Subtotal

$34,364.39

Estimated Tax

$2,663.24

Grand Total
$37,027.63(USD)

Notes:

●

This quote is utilizing the State of California STPD contract. This order is subject to a 1% service fee that will be collected by the State of California.

QUOTE-3140449
Copy of APX 8000XE (4)

Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

353
City Council
Staff Report

Subject:

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

August 26, 2025
Submitted By:

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

Parks and Recreation
Recommendation:

A
.

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

B
.

Adopt a Resolution of the City Council of the City of Rocklin Accepting the Public Work Known as the Memorial Park Play Structure Replacement, Approving the Notice of Completion Thereof, and Authorizing and Directing the Execution and Recordation of Said Notice on Behalf of the City (Miracle Playsystems, Inc.).

Background:

The City entered into an agreement with Miracle Playsystems, Inc. on June 10, 2025 to replace the play structure at Memorial Park. The original contract was for an amount not to exceed $198,173.64. While preparing for contract execution, it was determined that performance and payment bonds are required in accordance with standard City contracting procedures. Miracle Playsystems, Inc. has secured the necessary bonding documentation.

However, the associated costs were not included in the original contract amount. As a result, Amendment No. 1 increases the not-to-exceed amount by $5,945.21, bringing the total contract amount to $204,118.85.

At the time of the contract award, an additional $28,173.64 was needed to support the park amenities desired for the area. While operational savings were available to offset this cost, the adjustment was not reflected in the original recommendation. Therefore, a budget adjustment is required to address this shortfall, which will be absorbed within the Parks and Recreation Department's Operating Budget in the General Fund (100).

Staff recommends the City Council adopt a Resolution (Attachment 1) authorizing Amendment No. 1 and approving the budget transfer.

The project was completed on July 25, 2025. Staff recommends the City Council adopt a Item Number C10.

354
Resolution (Attachment 4) accepting the public work known as the Memorial Park Amenity Replacement and authorizing and directing the execution and recordation of the notice of Completion.

Fiscal Impact:

The additional funds of $28,173.64 and the cost of Amendment No.1 ($5,945.21) total $34,118.85. Sufficient funds are available in the Parks and Recreation Department's Fiscal Year 2025/26 Operating Budget in the General Fund (100).

ATTACHMENTS:

1. Resolution A

2. Resolution A Exhibit A - Amendment No. 1

3. Agreement with Miracle PlaySystems, Inc.

4. Resolution B - Notice of Completion

5. Resolution B Exhibit A - Location Map
355
Resolution No. 2025- August 26, 2025 Page 1 of 2
1 RESOLUTION NO. 2025 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
APPROVING AMENDMENT NO. 1 TO THE CONSTRUCTION
CONTRACT WITH MIRACLE PLAYSYSTEMS, INC. AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1

AND APPROVING A BUDGET TRANSFER

WHEREAS, the City p reviously entered into a construction contract with Miracle Playsystems, Inc. on June 10, 2025, for the replacement of the play structure at Memorial Park in the amount of $198,173.64; and

WHEREAS, in accordance with standard City contracting procedures, performance and payment bonds are required; and

WHEREAS, Miracle Playsystems, Inc. has obtained the necessary bonding documentation, and the associated cost of $5,945.21 was not included in the original contract amount; and

WHEREAS, Amendment No. 1 to the construction contract with Miracle Playsystems, Inc. increases the not -to-exceed contract amount by $5,945.21, for a revised total of $204,118.85; and

WHEREAS, the original project budget for the Memorial Park Amenity Replacement was $170,000, and at the time of the award an additional $28,173.64 was needed to support the amenities desired, a nd with Amendment No. 1 an additional $5,945.21 is needed, bringing the total additional amount needed to fully fund this project to $34,118.85; and

WHEREAS, there are sufficient funds available in the Parks and Recreation Department’s Operating budget within the General Fund (100) to cover the additional $34,118.85 that is needed to fully fund the project;

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

Section 1. The City Council approves and authorizes the City Manager to execute Amendment No. 1 to the Construction Contract with Miracle Playsystems, Inc. in substantially the form attached hereto as Exhibit “A.”

Section 2. The City Manager is authorized to increase the expenditure budget of the Park Amenity Replacement Project (10605) by $34, 200 from the Park and Recreation Department’s Operating Budget within the General Fund (100).

356
Resolution No. 2025- August 26, 2025 Page 2 of 2
1 PASSED AND ADOPTED this 26th day of August, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

_______________________________
Jill Gayaldo, Mayor

ATTEST:

______________________________
Avinta Singh, City Clerk

357

EXHIBIT A
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EXHIBIT A
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Resolution No. 2025- August 26, 2025 Page 1 of 2
1 RESOLUTION NO. 2025-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

ACCEPTING THE PUBLIC WORK KNOWN AS THE

MEMORIAL PARK PLAY STRUCTURE REPLACEMENT,

APPROVING THE NOTICE OF COMPLETION THEREOF,

AND AUTHORIZING AND DIRECTING THE EXECUTION

AND RECORDATION OF SAID NOTICE ON BEHALF OF THE CITY
(MIRACLE PLAYSYSTEMS, INC.)

WHEREAS, on June 10, 2025, the City Council of the City of Rocklin adopted Resolution No. 202 5-114, awarding the contract for Memorial Park Play Structure Replacement to Miracle Playsystems, Inc. in the amount of $198,173.64; and

WHEREAS, this project consisted of removing and replacing the existing play structure at Memorial Park; and

WHEREAS, one amendment was executed, increasing the cost by $5,945.21, bringing the total project amount to $204,118.85; and

WHEREAS, the project was completed on July 25, 2025, and funded by the General Fund (100).

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

Section 1. The attached Notice of Completion relative to the public work known as Memorial Park Play Structure Replacement (Miracle Playsystems, Inc.), is hereby approved and the public work is accepted.

Section 2 . The Director of Parks and Recreation is authorized and directed to execute said Notice on behalf of the City of Rocklin.

Section 3. The City Clerk is authorized and directed to record said Notice in the Office of the Placer County Recorder when fully executed and notarized, and within ten (10) days of Council approval.

411
August 26, 2025 Resolution No. 2025- Page 2 of 2
1 PASSED AND ADOPTED this 26th day of August, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

___________________________
Jill Gayaldo, Mayor

ATTEST:

__________________________
Avinta Singh, City Clerk

412
Recording Requested by and Return to:

No Fee Per Gov’t Code §27383

City Clerk
City of Rocklin
3970 Rocklin Road
Rocklin, CA 95677

NOTICE OF COMPLETION

NOTICE IS HEREBY GIVEN that the public work known as Memorial Park Play Structure Replacement is complete. The location of said project is at The City of Rocklin’s Memorial Park at 3980 Rocklin Road in Rocklin, CA. The owner of said project is the City of Rocklin. The date of completion was July 25, 2025. The contractor on the project was Miracle Playsystems, Inc., and the surety on said project was United Fire and Causualty Company.

I, Veronica Tracy, being first duly sworn, depose and say: I am the Director of Parks and Recreation of the City of Rocklin, a general law city in the State of California, owner of the property described in the above Notice. I am duly authorized to make this verification for and on behalf of the City of Rocklin. I have read the Notice of Completion, and know its contents and the facts stated therein are true.

City of Rocklin

ATTEST: _____________________________________________ Veronica Tracy, Director of Parks and Recreation - City of Rocklin - 3970 Rocklin Road- Owner of the Public Work Improvement

________________________
Avinta Singh, City Clerk

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: _____________________ Signature: __________________________________ Veronica Tracy, Director of Parks & Recreation
Rocklin, California
413
010-170-029-000
010-250-035-000
010-170-019-000
010-170-015-000
010-170-018-000
010-230-005-000
010-241-034-000
010-170-023-000
010-240-025-000
010-181-045-000
010-170-009-000
010-170-026-000
010-240-023-000
010-230-015-000
010-240-002-000
010-170-028-000

S GROVE ST

ROCKLIN RD

PACIFIC ST

PACIFIC ST

SAN FRANCISCO ST

ROCKLIN RD

ROCKLIN RD
GROVE
ST

GROVE ST
OAK ST
OAK ST

DIEGO WAY

HIGH ST

WINDING LN
Exhibit A
³
010-170-007-000
Legend
Project Area
414
City Council
Staff Report

Subject:

Corporation Yard Shop Roof Restoration and Gutter Replacement – Notice of Completion
Date:

August 26, 2025
Submitted By:

Matt McClure, Public Works Manager
Justin Nartker, Public Works Director
Department:

Public Works
Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Accepting the Public Work Known as the Corporation Yard Shop Roof Restoration and Gutter Replacement, Approving the Notice of Completion Thereof, and Authorizing and Directing the Execution and Recordation of Said Notice on Behalf of the City (United Building Contractors, Inc.).

Background:

On June 25, 2024, the City Council awarded the Corporation Yard Shop Roof Restoration and Gutter Replacement Project (Resolution No. 2024-170) to United Building Contractors, Inc., in the amount of $132,509, plus a 15% contingency ($19,877), for a total not-to-exceed project amount of $152,386. This project consisted of the restoration of the existing roof and complete replacement of the gutters of the Corporation Yard Shop facility (see Attachment 1 Exhibit A for Project Location map).

The project was completed on April 18, 2025. One (1) change order was issued in the amount of $5,590 bringing the total project amount to $138,099. Staff recommends that the City Council accept the public work known as the Corporation Yard Shop Roof Restoration and Gutter Replacement, approve the Notice of Completion, and authorize and direct the execution and recordation of the Notice of Completion on behalf of the City.

Fiscal Impact:

There is no direct fiscal impact associated with approving the Notice of Completion. The project was funded through the SB 325 Sales Tax Fund (Fund 210).

Item Number C11.

ATTACHMENTS:

1. Resolution and Notice of Completion
415
Resolution No. 2025- August 26, 2025 Page 1 of 2
RESOLUTION NO. 2025-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

ACCEPTING THE PUBLIC WORK KNOWN AS THE CORPORATION

YARD SHOP ROOF RESTORATION AND GUTTER REPLACEMENT,

APPROVING THE NOTICE OF COMPLETION THEREOF, AND

AUTHORIZING AND DIRECTING THE EXECUTION AND

RECORDATION OF SAID NOTICE ON BEHALF OF THE CITY
(UNITED BUILDING CONTRACTORS, INC.)

WHEREAS, on June 25, 2024 , the City Council of the City of Rocklin adopted Resolution No. 2024-170, awarding the contract for the Corporation Yard Shop Roof Restoration and Gutter Replacement Project to United Building Contractors, Inc., in the amount of $132,509; and

WHEREAS, this project consisted of the restoration of the existing roof and complete replacement of the gutters of the Corporation Yard Shop facility; and

WHEREAS, a contingency amount of fifteen (15) percent of the contract ($19,877), which was approved by the City Council of the City of Rocklin , resulted in a total authorized project cost of $152,386; and

WHEREAS, one change order was issued, increasing the cost by $ 5,590.00, bringing the total project amount to $138,099.00;

WHEREAS, the project was completed on April 18 , 2025 , and fund ed by the General Fund (100);

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

Section 1 The attached Notice of Completion related to the public work known as the Corporation Yard Shop Roof Restoration and Gutter Replacement Project (United Building Contractors, Inc.) is hereby approved, and the public work is accepted.

Section 2. The Public Works Director is authorized and directed to execute said Notice on behalf of the City of Rocklin.

Section 3. The City Clerk is authorized and directed to record said Notice in the Office of the Placer County Recorder when fully executed and notarized , and within ten (10) days of Council approval.

416
Resolution No. 2025- August 26, 2025 Page 2 of 2
1 PASSED AND ADOPTED this 26th day of August, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

___________________________
Jill Gayaldo, Mayor

ATTEST:

__________________________
Avinta Singh, City Clerk

417
Recording Requested by and Return to:

No Fee Per Gov’t Code §27383

City Clerk
City of Rocklin
3970 Rocklin Road
Rocklin, CA 95677

NOTICE OF COMPLETION

NOTICE IS HEREBY GIVEN that the public work known as the Corp Yard Shop Roof Restoration and Gutter Replacement is complete. The location of said project is in the Corporation Yard, 4081 Alvis Court, Rocklin, CA. The owner of said project is the City of Rocklin. The date of completion was April 18, 2025. The contractor on the project was United Building Contractors, Inc., and the surety on said project was Liberty Mutual Insurance Company.

I, Justin Nartker, being first duly sworn, depose and say: I am the Public Works Director of the City of Rocklin, a general law city in the State of California, owner of the property described in the above Notice.

I am duly authorized to make this verification for and on behalf of the City of Rocklin. I have read the Notice of Completion, and know its contents and the facts stated therein are true.

ATTEST:

________________________
Avinta Singh, City Clerk
City of Rocklin

______________________________________________
Justin Nartker, Public Works Director - City of Rocklin – 3970 Rocklin Road- Owner of the Public Work Improvement

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: Signature: __________________________________ Justin Nartker, Public Works Director
Rocklin, California

418

419
City Council
Staff Report

Subject:

Bluffs Subdivision ADA Ramps Phase 2 – Notice of Completion Date:

August 26, 2025
Submitted By:

Rick Lawrence, Public Works Manager
Justin Nartker, Public Works Director
Department:

Public Works
Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Accepting the Public Work Known as the Bluffs Subdivision ADA Ramps Phase 2, Approving the Notice of Completion Thereof, and Authorizing and Directing the Execution and Recordation of Said Notice on Behalf of the City (Hyatt Contracting, Inc.).

Background:

On April 22, 2025, the City Council awarded the Bluffs Subdivision ADA Ramps Phase 2 project (Resolution No. 2025-073) to Hyatt Contracting, Inc., in the amount of $228,510, plus a 15% contingency ($34,276.50), for a total not-to-exceed project amount of $262,768.50. This project involved removing and replacing twenty-seven (27) existing concrete curb ramps located in the Bluffs area of the City of Rocklin to comply with the Americans with Disabilities Act (ADA), as well as miscellaneous flatwork, curbs, and gutter improvements (see Attachment 1, Exhibit A, for Project Location map).

The project was completed on August 4, 2025. One (1) change order was issued for a total change order amount of $1,770.00, increasing the project cost to $230,280.00. Staff recommends that the City Council accept the public work known as the Bluffs Subdivision ADA Ramps Phase 2, approve the Notice of Completion, and authorize and direct the execution and recordation of the Notice of Completion on behalf of the City.

Fiscal Impact:

There is no direct fiscal impact associated with approving the Notice of Completion. The project was part of the Pavement Management Program (Project No. 50007) and funded through the SB 325 Sales Tax Fund (Fund 210).

Item Number C12.

ATTACHMENTS:

1. Resolution and Notice of Completion
420

Resolution No. 2025- August 26, 2025 Page 1 of 2
1 RESOLUTION NO. 2025-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

ACCEPTING THE PUBLIC WORK KNOWN AS THE BLUFFS
SUBDIVISION ADA RAMPS PHASE 2, APPROVING THE

NOTICE OF COMPLETION THEREOF, AND AUTHORIZING

AND DIRECTING THE EXECUTION AND RECORDATION OF

SAID NOTICE ON BEHALF OF THE CITY
(HYATT CONTRACTING, INC.)

WHEREAS, on April 22 , 202 5, the City Council of the City of Rocklin adopted Resolution No. 2025-073, awarding the contract for the Bluffs Subdivision ADA Ramps Phase 2 project to Hyatt Contracting, Inc., in the amount of $228,510; and

WHEREAS, this project involved removing and replacing twenty-seven (27) existing concrete curb ramps located in the Bluffs area of the City of Rocklin to comply with the Americans with Disabilities Act (ADA), as well as miscellaneous flatwork , curbs, and gutter improvements; and

WHEREAS, a contingency amount of fifteen (15) percent of the contract ($34,276.50), which was approved by the City Council of the City of Rocklin , resulted in a total authorized project cost of $262,768.50; and

WHEREAS, one change order was issued, increasing the cost by $1,770.00, bringing the total project amount to $230,280.00;

WHEREAS, the project was completed on August 4, 2025, and fund ed by the SB325 Sales Tax Fund (210);

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

Section 1 The attached Notice of Completion related to the public work known as the Bluffs Subdivision ADA Ramps Phase 2 (Hyatt Contracting , Inc. ) is hereby approved, and the public work is accepted.

Section 2. The Public Works Director is authorized and directed to execute said Notice on behalf of the City of Rocklin.

Section 3. The City Clerk is authorized and directed to record said Notice in the Office of the Placer County Recorder when fully executed and notarized , and within ten (10) days of Council approval.

421

Resolution No. 2025- August 26, 2025 Page 2 of 2
1 PASSED AND ADOPTED this 26th day of August, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

___________________________
Jill Gayaldo, Mayor

ATTEST:

__________________________
Avinta Singh, City Clerk

422

Recording Requested by and Return to:

No Fee Per Gov’t Code §27383

City Clerk
City of Rocklin
3970 Rocklin Road
Rocklin, CA 95677

NOTICE OF COMPLETION

NOTICE IS HEREBY GIVEN that the public work known as the Bluffs Subdivision ADA Ramps Phase 2 is complete. The location of said project is in the Bluffs Subdivision area in Rocklin, CA, legally described as Stanford Ranch Area A-I Unit I in Book O of Maps, Page 81. The owner of said project is the City of Rocklin.

The date of completion was August 4, 2025. The contractor on the project was Hyatt Contracting, Inc., and the surety on said project was Merchants Bonding Company (Mutual).

I, Justin Nartker, being first duly sworn, depose and say: I am the Public Works Director of the City of Rocklin, a general law city in the State of California, owner of the property described in the above Notice.

I am duly authorized to make this verification for and on behalf of the City of Rocklin. I have read the Notice of Completion, and know its contents and the facts stated therein are true.

ATTEST:

________________________
Avinta Singh, City Clerk
City of Rocklin

______________________________________________
Justin Nartker, Public Works Director - City of Rocklin – 3970 Rocklin Road- Owner of the Public Work Improvement

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: Signature: __________________________________ Justin Nartker, Public Works Director
Rocklin, California

423

424
Proclamation
Issued by City Council

Recognizing Chris May

WHEREAS, Rocklin Little League has served as a key part of our community, offering young athletes an opportunity to grow through baseball while learning teamwork, discipline, and sportsmanship; and

WHEREAS, Chris May has faithfully served as President of Rocklin Little League since 2018, demonstrating unwavering commitment to the league’s mission, its players, and their families; and

WHEREAS, under Chris May’s leadership, Rocklin Little League has grown stronger in participation, community engagement, and positive impact, providing a safe and supportive environment for all; and

WHEREAS, Chris May has dedicated countless volunteer hours managing league operations, supporting coaches and parents, and ensuring that every child experiences the joy and camaraderie of America’s pastime; and

WHEREAS, his leadership has extended beyond the field—instilling values, building community spirit, and mentoring young athletes both in character and in competition; and

WHEREAS, the City of Rocklin recognizes the significant contributions Chris May has made to the development of youth sports and the lasting legacy he leaves through his service;

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rocklin does hereby recognize and commend Chris May for his outstanding leadership, dedication, and service as President of Rocklin Little League, and extends sincere appreciation on behalf of the entire Rocklin community.

In witness whereof I have hereunto set my hand and caused this seal to be affixed.

Jill Gayaldo, Mayor

ATTEST:

Avinta Singh, City Clerk
425
City Council
Staff Report

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

August 26, 2025
Submitted By:

Nathan Anderson, Principal Planner
Arwen Wacht, Planning Manager
David Mohlenbrok, Community Development Director
Department:

Community Development
Recommendation:

Conduct a Public Hearing and Consider the Following Actions:

A
.

Adopt a Resolution of the City Council of the City of Rocklin Approving an August 2025 Addendum to the 2012 General Plan Environmental Impact Report and a Statutory Exemption for the 2021-2029 Housing Element Program 10 – Alternative Sites for Inclusion in the Approved Inventory of Sites for the Regional Housing Needs Allocation (RHNA) Project (2021-2029 Housing Element Program 10 – Alternative Sites / ENV2025-0009).

B
.

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

C
.

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

Background:

The staff report is included as Attachment 1 in order to maintain the integrity of the formatting.

Item Number PH1.

ATTACHMENTS:

1. Staff Report

2. SR Attachment 1 -
RHNA Alternative Sites Table

3. SR Attachment 2 - HCD Letter 4.08.25

4. SR Attachment 3 - Public Correspondence
426

5. Resolution A - CEQA Addendum

6. Resolution A Exhibit A - Addendum to the General Plan EIR

7. Resolution A Exhibit B - Notice of Exemption

8. Resolution B - General Plan Amendment

9. Resolution B Exhibit A - Land Use Designations Map

10. Resolution B Exhibit B - Housing Element Text Changes

11. Resolution B Exhibit C - West Rocklin Annexation Land Use Designations

12. Ordinance - Alternative RHNA Sites Rezone

13. Ordinance Exhibit A - Zoning Map Amendments

14. Ordinance Exhibit B - Zoning Amendment Table
427
City Council
Staff Report

______________________________________________________________________

Subject: 2021-2029 Housing Element Program 10 – Alternative Sites General Plan Amendments, GPA2025-0001 and GPA2024-0001
Rezone, Z2025-0001
Environmental Review, ENV2025-0009

Date: August 26, 2025

Submitted By: Nathan Anderson, Principal Planner
Arwen Wacht, Planning Manager
David Mohlenbrok, Community Development Director

Department: Community Development
______________________________________________________________________

Recommendation:

As the entitlement request includes a legislative action which requires approval of an ordinance, a two-meeting process is required.

The Planning Commission and staff recommend City Council approval of the following:

August 26, 2025 – First reading of ordinance and final action on resolutions:

A. Adopt a Resolution of the City Council of the City of Rocklin Approving an August 2025 Addendum to the 2012 General Plan Environmental Impact Report and a Statutory Exemption for the 2021-2029 Housing Element Program 10 – Alternative Sites for Inclusion in the Approved Inventory of Sites for the Regional Housing Needs Allocation (RHNA) Project (2021-2029 Housing Element Program 10 – Alternative Sites / ENV2025-0009); and

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

C. Introduce, Waive the Full Reading and Read by Title Only, an Ordinance of the City Council of the City of Rocklin Applying the Residential Minimum Density Overlay District to the Alternative Sites Identified for Inclusion in the City’s Regional Housing Needs Allocation (RHNA) Inventory of Sites (2021-2029 Housing Element Program 10 – Alternative Sites / Z2025-0001).
428
September 9, 2025 – Final action for ordinance:

A. Adopt an Ordinance of the City Council of the City of Rocklin Applying the Residential Minimum Density Overlay District to the Alternative Sites Identified for Inclusion in the City’s Regional Housing Needs Allocation (RHNA) Inventory of Sites (2021-2029 Housing Element Program 10 – Alternative Sites / Z2025- 0001).

Proposal/Application Request:

The project proposes to amend the General Plan land use map and text, and rezone approximately 141 acres of vacant and underutilized land to comply with State-mandated requirements, in alignment with Program 10 of the City’s 2021–2029 Housing Element.

Additionally, the project proposes to amend the General Plan land use designation of an approximately 3.4-acre parcel in western Rocklin, to facilitate future annexation efforts.

Summary of Planning Commission Hearing and Action:

On August 5, 2025, the Planning Commission (Commission) reviewed the proposed project. Staff presented project details along with a Blue Memo, which included numerous public comments received after publication of the staff report packet and minor wording changes to the resolution for ENV2025-0009.

The Blue Memo also clarified that Site 1-21, located at the terminus of Willard Way, was shown as being modified to apply the Mixed Use 24 dwellings per acre minimum (MU - 24+) overlay. This overlay is intended for nonresidential properties to preserve their underlying nonresidential land use designation. Since Site 1-21 is already designated for residential use, applying the overlay would be inappropriate and would not affect the site’s potential density. It would also limit the City to counting only 50% of the site’s units toward its RHNA allocation. Staff therefore recommended updating the designation from MU-24+ to RES-24+ in all relevant tables and exhibits.

The Commission opened the public hearing, with 36 spe akers offering comments and questions about specific sites. Most addressed:

 Site 1-13 – Saint Augustine Church property on Wildcat Avenue  Site 1-18 – Terminus of Argonaut Avenue
 Site 1-19 – West of Delmar Avenue

Speakers were generally opposed to high-density development on these properties, citing concerns about traffic, safety, fire protection, property values, and neighborhood compatibility. Some questioned whether property owners could be compelled to develop high-density housing. Others raised concer ns about impacts to a Montessori school adjacent to Site 1-13.

In response, staff noted that Site 1 -13 is already zoned for multifamily residential , which was confirmed by the California Department of Housing and Community Development 429
(HCD). On most of these sites, no projects have been proposed; any future proposals would undergo detailed review for traffic, safety, fire protection, and other impacts. Staff emphasized that high-density residential development would only occur if initiated by the property owner, and existing uses could continue indefinitely.

During deliberations, the Commission acknowledged that ultimate authority rests with the City Council and the State, but expressed concern that not all proposed sites were appropriate. The consensus was to recommend removing Sites 1 -18 and 1-19 from the list. The Commission agreed that nothing could be done to prevent high -density development on Site 1-13, making its inclusion in the list in the City’s best interest.

The Commission voted 5-0 to approve the project with the Blue Memo recommendations incorporated, while recommending the City Council to consider removing Sites 1-18 and 1-19.

Background:

Pursuant to State law, every City and County in California is required to adopt a General Plan, which must include a Housing Element. The Housing Element serves as the City’s official policy document for addressing community housing needs, including housing availability, adequacy, and affordability. It provides an analysis of current and future housing needs in Rocklin and outlines strategies for meeting those needs.

While jurisdictions periodically review and update their General Plan elements to ensure relevance and consistency, State law requires an update to the Housing Element every eight years. The City of Rocklin adopted its most recent Housing Element in 2021, covering the planning period from 2021 through 2029. This document outlines the City’s housing goals, policies, and implementation strategies to meet the needs of both current and future residents.

As part of the Housing Element, California Government Code Section 65584 requires each jurisdiction to plan for its fair share of regional housing needs through the Regional Housing Needs Allocation (RHNA). In urban areas, this allocation is determ ined by councils of governments. For the six-county greater Sacramento region—which includes Sacramento, Placer, El Dorado, Yolo, Sutter, and Yuba Counties —the designated planning agency is the Sacramento Area Council of Governments (SACOG).

SACOG adopted the regional RHNA plan in March 2020, which covers the period from May 15, 2021, through May 15, 2029. The RHNA represents a minimum number of housing units each jurisdiction must plan for to accommodate projected household growth across all income levels by the end of the planning period. Based on requirements from SACOG, the City of Rocklin is required to accommodate a total of 5,661 housing units across all income categories during the 6th Cycle RHNA period.

Table 1 illustrates the City’s allocated housing needs for this planning period.

430
Table 1. Housing Needs for 2021-2029
Income Category (% of County AMI1) Number of Units Percent Extremely Low (30% or less) 955 17%
Very Low (31 to 50%) 956 17%
Low (51 to 80%) 1,151 20%
Moderate (81 to 120%) 771 14%
Above Moderate (Over 120%) 1,828 32%
Total 5,661 100%
Source: Final Regional Housing Needs Plan (RHNP), SACOG, 2020. 1 Area Median Income (AMI)

Discussion:

To meet the City’s RHNA obligation, Program 10 (Inventory of Sites for Housing/Rezone) in the 2021–2029 Housing Element committed the City to rezoning and amending the land use designation of 95.58 acres of vacant and underutilized land to Residential 24 Dwellings Per Acre Minimum (R ES-24+), and 64.33 acres of vacant and underutilized land to Mixed Use 24 Dwellings Per Acre Minimum (MU-24+).

This rezoning effort is intended to accommodate the City’s RHNA requirement for “Lower” income households (which includes Extremely Low, Very Low, and Low -income categories), totaling 3,062 units, as well as 481 carryover units from the City’s 5th Cycle RHNA that must now be included in the 6th Cycle, for a total of 3,543 units.

To address the City’s allocation for “Moderate” income households, Program 10 also includes the rezoning of 77.75 total acres, consisting of 51.06 acres of vacant land and

26.69 acres of underutilized land , to Mixed Use 10 Dwellings Per Acre Minimum (MU - 10+).

2024 General Plan Amendment and RMDO Adoption
On December 10, 2024, the Rockli n City Council approved a General Plan Amendment (GPA) (Resolution No. 2024-274) and adopted the Residential Minimum Density Overlay (RMDO) District (Ordinance No. 1183) to support the implementation of Program 10.

The RMDO Overlay establishes minimum res idential density requirements across all areas of the City, including those within and outside of General Development Plan areas.

It is organized into three categories, consistent with the City’s RHNA obligation identified in Program 10:

 RMDO-RES-24+: Residential areas with a minimum density of 24 dwelling units per acre
 RMDO-MU-24+: Mixed-use areas with a minimum density of 24 dwelling units per acre
431
 RMDO-MU-10+: Mixed-use areas with a minimum density of 10 dwelling units per acre

The RMDO-R24+ overlay requires that any future residential development on designated properties be constructed at a minimum density of 24 dwelling units per acre. Similarly, the RMDO-MU24+ and RMDO-MU10+ overlays establish minimum residential densities of 24 and 10 dwelling u nits per acre, respectively. However, these mixed -use overlays still permit nonresidential uses and allow development to proceed under the standards of the underlying base zoning. For example, if a parcel is designated RMDO -MU10+ and has a base zoning of G eneral Commercial, the property owner may still develop uses consistent with General Commercial zoning.

As part of the 2024 GPA/Rezone effort, approximately 117 total acres were designated with these overlays to meet low er-income RHNA requirements, with approximately 104 acres of this total categorized as “assumed acreage”, meaning the developable portions of the project that are not constrained by biological, topographical, or other sensitive features. For the purpose of calculating potential units, the “assumed acreage” number is utilized. Based on this assumed acreage, the unit capacity for these previously-amended sites totaled 2,575 units.

In addition, an additional approximately 25 acres were designated to meet moderate - income RHNA requirements, resulting in a unit capacity of 349 units.

Shortfall and Alternative Sites
Following the publication of the Housing Element in 2021, several development applications were submitted and ultimately approved by the City. Under Government Code Section 65836 (No Net Loss Law), jurisdictions are required to maintain adequate sites to accommodate any remaining unmet RHNA by income category throughout the planning period. However, the law also stipulates that housing projects cannot be disapproved solely because their approval would require the identification or rezoning of additional sites.

As a result, several market -rate projects, on sites originally designated for “Lower” and “Moderate” RHNA categories in the Housing Element, were approved. This led to the loss of approximately 32 acres from the RHNA Sites Inventory. Consequently, these properties were no longer eligible for inclusion in the City’s RHNA capacity during the 2024 GPA/Rezone effort.

Based on the previous 2021-2029 Housing Element obligations, this shortfall is comprised of 968 units for “Lower”” income RHNA, and 52.75 acres for “Moderate” income RHNA.

To address the shortfall, staff has identified a list of alternative sites for potential inclusion in the City ’s updated RHNA Sites Inventory (Attachment 1). A total of 15 sites on 23 parcels have been selected for “Lower” income RHNA, and 7 sites on 13 parcels have been selected for “Moderate” income RHNA.

432
These sites are shown in on Figure 1, which includes both the proposed RES -24+ and MU-24+ properties , along with the RMDO sites which were designated in 2024. No additional MU-10+ properties are proposed as part of this project.

Approval of the alternative sites as proposed would result in 1,334 additional total units in the “Lower” category, resulting in a surplus of 366 units. See Table 2 below.

Table 2. Housing Element Numbers + Alternative RHNA Sites

Similarly, approval would result in a surplus of 1,245 units and 17.48 acres in the “Moderate” category.

Although the proposed General Plan Amendments and Rezones exceed the minimum acreage required to address the City’s current RHNA shortfall, including as many viable sites as possible is critical. As discussed previously, the State requires jurisdictions to ensure that adequate housing capacity is maintained throughout the entire Housing Element planning period.

433
Figure 1. Alternative Sites and Existing RMDO

Because the City cannot deny housing projects that provide fewer units than the capacity assumed in the Housing Element, maintaining a surplus of appropriately zoned land serves as a buffer against potential future shortfalls , particularly if market-rate projects are approved on sites originally identified for lower- or moderate-income housing.

It’s also important to understand that in most cases, zoning only becomes relevant when a property owner proposes a new project. This RHNA rezoning effort does not require property owners to construct multifamily housing or initiate any new development at all.

Rather, it is intended to facilitate and encourage housing production in appropriate areas, in line with state housing goals.

Existing uses may continue without interruption, and nonconforming uses and structures may remain, subject to the standards outlined in Chapter 17.62 – Nonconforming Uses and Structures section of the Rocklin Municipal Code (RMC).

Planning Commission-Recommended Removals
As discussed above in the Summary of Planning Commission Hearing and Action, the Planning Commission recommended that the City Council consider removing Sites 1-18 and 1-19 from the list. Details for both of these sites are included in Table 3 below.

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Table 3. Sites for Potential Removal
Site # Acreage Proposed GP Proposed
Zoning
Assumed
Potential
(Units/Acre)
Unit
Capacity Affordability
1-18 9.62 High Density
Residential
Res-24+ 30 289 Moderate
1-19 9.00 High Density
Residential
Res-24+ 30 270 Moderate

As previously discussed, Housing Element Program 10 requires the City to meet its obligations in both the “Lower” and “Moderate” income categories. The “Lower” category is measured by units, while the “Moderate” category is measured by both unit s and acreage.

With all alternative sites included, the current inventory provides a surplus of 366 units in the “Lower” category and 1,245 units and 17.45 acres in the “Moderate” category.

Removing Sites 1-18 and 1-19 would not affect the “Lower” surplus but would reduce the “Moderate” surplus to 686 units and create a deficit of 1.17 acres.

If the City Council directs staff to remove both of these sites from the Alternative Sites list, the City Council could also direct staff to shift one or more replacement sites from the “Lower” income category to the “Moderate” category , in order to avoid this deficit in acreage. This adjustment would offset the reduction and maintain a surplus of units and acreage in both income categories.

Nonresidential Inclusion – 1800 Wildcat Boulevard
In an effort to preserve the limited non -residential vacant sites remaining in the City that have the potential to generate future sales tax revenue and employment opportunities, all of the sites which are proposed to be modified as part of this Alternative Sites Inventory are currently zoned and designated for residential development, except for one. That site, which totals 6.34 acres (4.6 acres of assumed acreage) is located at 1800 Wildcat Boulevard; APN 378-020-006 (Figure 2).

In December 2022, the Planning Commission approved a Tentative Parcel Map (DL2022- 0002) for this site via Resolution No. PC -2022-62. The map proposed subdividing the existing Saint Augustine Episcopal Church property to separate the church from the adjacent vacant land. The map has not yet been recorded.

The site is currently designated Business Professional /Commercial/Light Industrial (BP/C/LI) in the City’s General Plan and zoned Planned Development – Business Professional/Commercial/Light Industrial (PD-BP/COMM/LI) under the Stanford Ranch General Development Plan.

In 2024, a potential applicant approached the City with a proposal to develop a 120-unit, 100% affordable multifamily apartment complex on the 4.67 -acre vacant portion of the 435
site. The proposed development , known as Sierra Wilds, includes four apartment buildings, a community center, and associated parking and landscaping. The initial design also included a small area labeled as “commercial space,” which was undefined and made up less than 2% of the total floor area.

City staff initially determined that the proposal was inconsistent with the sit e’s existing nonresidential zoning. However, the zoning —established in 1997 —does conditionally allow for “multi-family integrated with commercial,” which is not further defined within this site’s General Development Plan. Because this term is vague, the applicant believes the City cannot require a specific amount of commercial space or impose timing requirements for integration. Therefore, the applicant has asserted that their multifamily project must be allowed as proposed, given it includes a commercial component.

Figure 2. 1800 Wildcat Boulevard Site

The applicant subsequently contacted the California Department of Housing and Community Development (HCD) for further clarification . In a letter dated April 8, 2025, Shannan West, Chief of the Housing Accountability Unit, stated that under the Housing Accountability Act (HAA), cities cannot apply subjective standards or policies. While 436
acknowledging the site's intended commercial or light industrial use, HCD concluded that the City could not enforce an undefined standard for commercial “integration.” As a result, the City must permit the proposed multifamily project and cannot require more than a minimal amount of nonresidential space. This letter is included as Attachment 2.

Following HCD’s guidance, City staff included the site in the 2021-2029 Housing Element Program 10- Alternative Sites Inventory to help meet the City’s RHNA obligations. If the General Plan and zoning amendments are approved, the site’s designation would change to Mixed Use (MU), with a zoning overlay of RMDO-MU24+.

Because the Sierra Wilds project is moving forward with their application to the City based on the HCD’s determination, amending the land use and zoning will allow the City to count this site toward its RHNA goals. Should the City decide to not proceed with the proposed amendments for this site , the Sierra Wilds housing project could still be built under the State’s HAA, and the City would also need to identify an alternate site (s) to redesignate to accommodate 120 affordable units / 4.67 acres.

Under the MU designation, the City can receive RHNA credit for 50% of the proposed development (60 units). If the Sierra Wilds project is not built, the MU designation preserves flexibility for future nonresidential development, consistent with the site’s original zoning.

West Rocklin Annexation General Plan Amendment
In addition to the General Plan Amendments proposed as part of the Housing Element effort, this project also includes a request to amend the land use designation of one parcel located near Rocklin’s western boundary as part of the West Rocklin Annexation process (GPA2024-0001).

The site is approximately 3.4 acres a nd lies at the westerly terminus of West Oaks Boulevard. Parcel B is part of the West Oaks Apartments project, a 371 -unit multi-family development approved in 2024. The Assessor’s Parcel Number (APN) is 365-020-076.

See Figure 3.

The site is former Caltrans rights -of-way (ROW), originally acquired for a potential freeway overcrossing when State Route 65 was constructed. Once Caltrans determined the crossing was unnecessary, this property, as well as another similar parcel to the north, was declared surplus and sold to private buyers. The City is currently in the process of annexing both parcels from Placer County into the city limits. The northern piece does not require a General Plan Amendment.

The GPA for the southern piece is included in this pr oject to consolidate actions and reduce the number of General Plan Amendments processed in a single year. Under Government Code Section 65358, each jurisdiction is limited to approving no more than four General Plan Amendments (text and/or map) per calenda r year. To minimize the number of separate amendments, staff has incorporated the General Plan Amendment for the Rocklin West Annexation (GPA2024-0001) into this broader effort. 437

Figure 3 – West Rocklin Annexation Area

Pre-zoning for the annexation area was approved by the City Council in February 2025 .

The site was pre-zoned Planned Development Residential, 24 dwelling units per acre minimum (PD-24+) and Open Space (OS), consistent with the West Oaks Apartments project located on this site and on the property to the south.

This General Plan Amendment will update the land use designation from Light Industrial (LI) to High Density Residential (HDR) and Recreation Conservation (R -C), consistent with the approved pre-zoning and adjacent land use patterns.

Environmental review for this effort has already been completed. The parcel was included in the Mitigated Negative Declaration (MND) for the West Oaks Apartments project, which was approved by the City Council on January 23, 2024 (Resolution No. 2024 -036). As the parcel has been previously analyzed under CEQA, no additional environmental review is required for this General Plan Amendment.

Senate Bill 166 (No Net Loss)
Senate Bill 166 (SB 166), codified in Government Code Section 65863 —commonly referred to as the No Net Loss Law —was enacted to ensure that jurisdictions maintain sufficient development capacity throughout the eight -year Housing Element cycle to accommodate their RHNA, particularly for lower- and moderate-income households.

The proposed project will increase the City’s inventory of sites available for lower - and moderate-income housing, thereby supporting compliance with RHNA requirements and 438
ensuring no net loss of development opportunity. As such, approval of the project is consistent with the provisions of SB 166.

Clover Valley Lakes Conservation Easement and No Net Loss Law Compliance Under the No Net Loss (Gov. Code § 65863), the City cannot take any action that would have the effect of reducing the residential units or density. Government Code section 65863(a) states, in pertinent part, " At no time, except as provided in paragraph (2) of subdivision (c), shall a city, county, or city and county by administrative, quasi -judicial, legislative, or other action permit or ca use its inventory of sites identified in the housing element to be insufficient to meet its remaining unmet share of the regional housing need for lower and moderate-income households."

On February 25, 2025 , the City Council approved Resolution No. 2025 -47 allocating $2,000,000 to the Placer Land Trust (PLT) to help Jessup University as the property owner, and PLT as a conservation easement co-holder, purchase and conserve, by private conservation easement, approximately 402 acres of a project that was zoned and approved for above moderate residential development known as “Clover Valley Lakes.”

The conservation easement was recorded on March 28, 2025, and then an Amended and Restated conservation easement was recorded on June 25, 2025 , and the easement permanently prohibits the construction of residences (and other development) within the easement area.

Although the City did directly rezone the property covered by the conservation easement, the City’s act of contributing funds toward the purchase and conservation effort, which resulted in the loss of development potential for 197 above moderate residential units, triggers the No Net Loss law.

Under the No Net Loss Law, i f the City reduces the density on a particular parcel when the remaining sites would be inadequate to accommodate the jurisdiction’s share of the regional housing need, it must identify other sites with equal or greater density so that there is no net loss in capacity. Govt C §65863(c)(1) . If the remaining sites are not adequate, the city must, within 180 days, “identify and make available” other sites to accommodate the regional need by income level. Govt C §65863(c)(2).

In order to comply with the No Net Loss Law, the City has identified sites that may be developed with 197 or more above moderate units as part of this General Plan Amendment and Rezone effort.

Environmental Determination:

An Environmental Impact Report for the 2012 City of Rocklin General Plan was approved by the City Council via Resolution No. 2012-170. Implementation of Program 10 does not trigger the need for supplemental or subsequent environment review pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines. In accordance with Section 15164 of the Guidelines, an Addendum to the City’s General Plan EIR has been prepared to document that no additional review or analysis is needed. 439

The 2021-2029 Housing Element Program 10 – Inventory of Alternative Sites for Housing/Rezone Implementation project does not trigger the need for supplemental or subsequent review under Section 15162 of California Environmental Quality Act (“CEQA”) Guidelines, and pursuant to Section 15164 of the State CEQA Guidelines, an EIR Addendum has been prepared to document that no additional review or analysis is needed.

The EIR Addendum determined that the proposed 2021-2029 Housing Element Program 10 – Alternative Sites for Housing/Rezone Implementation project would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects due to substantial project changes or a substantial change in circumstances. Furthermore, no new information is available that would indicate: (1) that the 2021-2029 Housing Element Program 10 – Alternative Sites for Housing/Rezon e Implementation project would have one or more significant effects not discussed in the previous EIR; (2) that significant effects previously examined would be substantially more severe than shown in the previous EIR; (3) that mitigation measures or alter natives previously found not to be feasible would in fact be feasible; or (4) that mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on th e environment and that the project proponents have declined to adopt the mitigation measure or alternative. Therefore, an Addendum was prepared to comply with CEQA.

Section 15164(d) of the CEQA Guidelines requires that the decision -making body shall consider the addendum with the Final EIR prior to deciding on the Project. Therefore, the General Plan Final EIR can be found at the following link:
https://www.rocklin.ca.us/post/draft-general-plan-update-environmental-impact-report-0

Any proposed f uture development of the project sites will be evaluated under CEQA to determine if the General Plan Update EIR sufficiently addressed any potential environmental effects, or if additional environmental review is necessary.

Further, on June 30, 2025, California Gov. Gavin Newsom signed into law budget trailer bills AB 130 and SB 131, which took effect immediately. Together, these bills create multiple new California Environmental Quality Act (CEQA) exemptions to streamline the approval of a variety of projects. Among these, Section 21080.085 (a)provides a CEQA exemption specifically for a Housing Element land use change/rezone , if the change implements the s chedule of actions contained in an approved housing element . The proposed project is consistent with this exemption, in that it is proposed to implement the goals and policies of the 2021 -2029 Housing Element Program 10 of the General Plan; therefore, the activity would not be subject to CEQA.

General Plan and Zoning Consistency:

The application of the Residential Minimum Density Overlay Zone and the General Plan Amendments to specific parcels brings the General Plan land use designations and 440
zoning into conformance with the adopted 2021 -2029 Housing Element of the General Plan.

Public Correspondence:

The City mailed written notices to all owners of parcels included on the proposed housing sites list, as well as to all property owners located within 600 feet of any of the sites.

Following this mailing, staff received several public comments, which have been compiled into a single document and included as Attachment 3.

One of the comments came from JMC Homes, the property owner of Site 1-21 (APN 010- 191-004). In their letter, they opposed the proposed change in land use and requested that their site be removed from consideration. The letter outlined several site -specific challenges that could hinder high -density development, including ingress/eg ress constraints, potential incompatibility with adjacent single -family neighborhoods, and parking limitations.

It’s important to note that removing this site from the list would reduce the City's moderate- income housing inventory by 3.17 acres (or 48 uni ts). Given the limited number of qualifying sites available for moderate -income housing, and given that this property is owned by a home builder, the Planning Commission and staff recommended that Site 1- 21 remain on the list.

In addition, staff received numerous public comments regarding other sites, including:

 Site 1-13 (APN 378-020-006; previously-discussed Sierra Wilds site)  Site 1-18 (APN 045-011-001 at the end of Argonaut Avenue)  Site 1-19 (APNs 045-011-012 and 045-011-017, located between Delmar Avenue and Jaybird Place)

As previously discussed, m any of these comments expressed concerns about the potential impacts of future development in these areas. Because Rocklin is nearing full buildout, the City has very few vacant or underutilized parcels left that meet the State’s criteria. This reality significantly limits the City’s flexibility in meeting its RHNA obligations.

However, it's important to clarify that this process does not propose or approve any specific development projects. Nor does it obligate any property owner to sell or develop their land, and existing uses can continue indefinitely.

The current effort is focused solely on updating zoning and land use designations to ensure the City can accommodate the number of housing units assign ed by the State.

Should development be proposed on any of these sites in the future, it would be subject to all applicable regulations, as well as the standard public review and notification process, providing opportunities for further input and discussion.

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HOUSING ELEMENT SITES FOR GENERAL PLAN AMENDMENTS AND/OR REZONES Site # APN Location Total
Acreage
Assumed
Acreage
Existing
GP
Proposed
GP
Existing
Zoning
Proposed
Overlay
Zoning
Assumed
Density
Assumed
Units
1-1 010-040-025-000 Behind Peter Hill
Heritage Park 2.65 2.65 MDR/MU HDR R1-5/C-2 RMDO R24+ 30 80 1-2 010-040-038-000 Along Front St and
Railroad Av 16.96 1.80 MU HDR C-2 RMDO R24+ 30 54
010-210-002-000 5476 Front St 2.07 R1-6/H-D
010-210-007-000 Part of 5476 Front St 0.11 H-D
010-210-013-000 5420 Front St 0.59
010-210-020-000 5450 Front St 0.99
010-210-021-000 Behind 5450 Front St 0.14
010-210-022-000 Behind 5450 Front St 0.26
1-5 010-260-002-000 5465 Ruhkala Rd 3.02 3.02 MDR HDR RD-4 RMDO R24+ 30 91 1-6 010-260-011-000 5555 Ruhkala Rd 0.93 0.93 MDR HDR RD-8 RMDO R24+ 30 28 1-7 010-260-046-000 5515 Ruhkala Rd 0.93 0.93 MDR HDR RD-8 RMDO R24+ 30 28 1-8 017-172-014-000 801 University Av 11.90 11.70 HDR - PD-20 - - 288

ALTERNATIVE SITES TO ACCOMMODATE THE LOWER INCOME RHNA
1-4 1.98
MU
HDR
H-D
RMDO R24+
1-3 2.18 MU HDR RMDO R24+ 6530
30 59
MDR R1-6
RHNA Alternative Sites 1 August 2025
442

HOUSING ELEMENT SITES FOR GENERAL PLAN AMENDMENTS AND/OR REZONES Site # APN Location Total
Acreage
Assumed
Acreage
Existing
GP
Proposed
GP
Existing
Zoning
Proposed
Overlay
Zoning
Assumed
Density
Assumed
Units

ALTERNATIVE SITES TO ACCOMMODATE THE LOWER INCOME RHNA
045-031-013-000 4455 Circuit Ct 1.14
045-031-014-000 4465 Circuit Ct 1.26
045-053-039-000 6.62 R1-

12.5/OA
045-053-044-000 2.50 PD-OA
1-11 045-090-062-000 Flag lot on Grove at
Cedar 1.16 1.16 MDR HDR PD-4.5 RMDO R24+ 30 35
045-120-029-000 5520 China Garden Rd 1.03 MDR R1-10
045-161-007-000 N terminus of
Ambassador Dr 0.69 MDHR PD-14
1-13 378-020-006-000 1800 Wildcat Bl 6.34 4.60 BP/COM/L

I MU PD-

BP/CP/LI
RMDO
MU24+ 15 69
1-14 045-120-028-000 5705 Keller Ct 2.10 1.50 MDR HDR R1-10 RMDO R24+ 30 45 010-025-001-000 1.60
010-026-001-000 0.22
Total Proposed for Lower 41.85 acres 1,124 units 105
RMDO R24+ 7130
1-10 3.50South of Schriber Wy
and Lakepointe MDR/R-C HDR
1-9 2.36 MDR HDR
RMDO R24+
R1-6
30 1-15 1.824600 Third St RC HDR UN RMDO R24+
1-12 1.72 HDR RMDO R24+ 5230
30 55
RHNA Alternative Sites 2 August 2025
443

HOUSING ELEMENT SITES FOR GENERAL PLAN AMENDMENTS AND/OR REZONES Site # APN Location Total
Acreage
Assumed
Acreage
Existing
GP
Proposed
GP
Existing
Zoning
Proposed
Overlay
Zoning
Assumed
Density
Assumed
Units

ALTERNATIVE SITES TO ACCOMMODATE THE LOWER INCOME RHNA
010-010-016-000 1.28
010-010-017-000 2.92
010-010-028-000 1.77
010-010-029-000 0.34
010-040-040-000 0.25
017-276-005-000 RC UN
017-276-006-000 MDR PD-4.5
1-18 045-011-001-000 4099 Yankee Hill Rd 9.62 9.62 LDR HDR RA-5 RMDO R24+ 30 289 045-011-012-000 East of the terminus
of Jaybird Place 2.70 2.60 LDR/MU RA-10 78
045-011-017-000 West of Delmar Ave
at City Limits 10.30 6.40 MU/R-C RA-10/OA 192
1-20 045-150-070-000 College Park 13.20 10 HDR MU PD-15.5 RMDO MU24+ 15 150
1-21 010-191-004-000
W of train at Willard
Way 3.17 3.17 MDR MU PD-R RMDO
MU24+ 15 48

ALTERNATIVE SITES TO ACCOMMODATE THE MODERATE INCOME RHNA 30 30
30 1-16 North Corner of
Midas and Pacific 6.56 MU HDR
382
PD-33 RMDO R24+ 197
1-19 HDR RMDO R24+
1-17
W Side of University
Ave /Adjacent to SR
65 12.74 12.74 HDR RMDO R24+
RHNA Alternative Sites 3 August 2025
444

HOUSING ELEMENT SITES FOR GENERAL PLAN AMENDMENTS AND/OR REZONES Site # APN Location Total
Acreage
Assumed
Acreage
Existing
GP
Proposed
GP
Existing
Zoning
Proposed
Overlay
Zoning
Assumed
Density
Assumed
Units

ALTERNATIVE SITES TO ACCOMMODATE THE LOWER INCOME RHNA
1-22 045-061-027-000 North East of Lily Pad
Ct 2.97 2.97 LDR MU R1-12.5 RMDO
MU24+ 15 45
Total Proposed for Moderate 54.06 acres 1,380 units TOTAL PROPOSED 95.91 ACRES 2,503 UNITS
RHNA Alternative Sites 4 August 2025
445
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, Suite 400
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov

April 8, 2025

David Mohlenbrok, Community Development Director
City of Rocklin
3970 Rocklin Road
Rocklin , CA 95677

Dear David Mohlenbrok:

RE: 1800 Wildcat Boulevard, Rocklin – Letter of Technical Assistance

The California Department of Housing and Community Development (HCD) received a request for technical assistance regarding the Housing Accountability Act (HAA) 1 in
connection to a 118-unit, 100-percent affordable housing development project located at 1800 Wildcat Boulevard (Project) in the City of Rocklin (City).

The question raised and addressed in this letter is: Under the HAA, can the City require a specific quantity or percentage of commercial use in the Project where the underlying land use conditionally permits “multi-family (integrated with commercial),” but does not define the term “integrated with”?

Background

HCD understands that the applicant submitted a preliminary application 2 for the
Project on November 25, 2024, which described a predominately residential project with approximately 2,000 square feet of area dedicated for commercial use. On December 20, 2024, the City issued a courtesy response letter stating that the Project as proposed (with the proposed commercial use) would be inconsistent with the site’s general plan, specific plan, and zoning designations. To address the issue, the City instructed the applicant to either increase the commercial use in the Project or apply for a general plan amendment.

Ambiguity in the City’s applicable land use documents

The crux of the issue is that the applicable land use regulations for the site (and hence, for the Project) do not contain an objective standard for the quantity of commercial use in a project of this sort. The site’s general plan designation is Business Professional/ Commercial/Light Industrial (BP/Comm/LI). The site is located within the Stanford Ranch General Development Plan (GDP), which functions as a specific plan area. The purpose of the BP/Comm/LI general plan designation is “[t]o preserve flexibility in the marketing and development process by making land available for a variety of

1 Gov. Code, § 65589.5.
2 Gov. Code, § 65941.1.
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David Mohlenbrok, Community Development Director