Exhibit B
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(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.
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(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;
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(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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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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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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Program Standard Assurances Addendum
As the duly authorized representative of the Applicant/Subrecipient, I hereby certify that the Applicant/Subrecipient, and any of its second-tier subrecipients or representatives, will comply with all applicable local, state, and federal statutes, including but not limited to the following state and federal statutes prohibiting hate-based conduct:
(a) California Penal Code section 422.6(a);
(b) California Penal Code section 404.6;
(c) California Penal Code section 422(a);
(d) California Civil Code section 52.1;
(e) 18 U.S.C. § 249;
(f) 42 U.S.C. § 3631;
(g) 18 U.S.C. § 247; and
(h) 18 U.S.C. § 241, 245.
Additionally, Applicant/Subrecipient will not engage, and certifies that it will take steps to ensure that its second-tier subrecipients and representatives do not engage, in conduct contrary to the purposes of the grant program and/or that threatens the safety and security of Californians, including, but not limited to, acts of violence or unlawful intimidation on the basis of race, gender, religion, national origin, sexual orientation, or other protected classifications. Prohibited conduct includes, but is not limited to, violation of the federal and state laws identified herein.
The undersigned represents that he/she is authorized to enter into this Addendum for and on behalf of the Applicant/Subrecipient. Applicant/Subrecipient understands that failure to comply with this Addendum or any of the assurances may result in suspension, termination, reduction, or de-obligation of funding. Applicant/Subrecipient agrees to repay funds in the event there is a violation of grant assurances.
Applicant/Subrecipient:
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title: Date:
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Ledger Type
Date
Request #
Project
No.
Equipment Description
(include Quantity) AEL# AEL
Title
Funding
Source Discipline Solution Area
Sub-Category
Deployable/
Shareable
Invoice
Number Vendor ID Tag
Number
Condition &
Disposition
Deployed
Location
Acquisition
Date
Noncompetitive
Procurement
over $250k
Hold
Trigger
Approval
Date
Budgeted
Cost
Previously
Approved
Amount
Amount
This Request
Reimbursement
Request #
Total
Approved
Remaining
Balance
$63,000 $0 $0 $63,000
20 Peregrine Software Project:
City of Rocklin
This project funds 12 month
deployment of Peregrine
software to enhance
centralized data analysis,
intelligence processing, and
regional collaboration. The
platform integrates disparate
data sources, enabling real-
time decision-making,
streamlined investigations,
and improved crime
outcomes). It supports real-
time crime center workflows,
interagency data sharing, and
compliance with privacy and
security regulations
06CC-04-SADS Satellite Data
Services UASI LE
06 - Interoperable
Communications
Equipment
Shareable TBD Peregrine TBD NEW - in use Rocklin, CA TBD No No Hold Indicated TBD $63,000 $0 $0 1 $0 $63,000
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
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EQUIPMENT
NOTE: Unauthorized alterations will delay the approval of this request.
Exhibit C
City of Sacramento Initial Application
Homeland Security Grant Program - Urban Area Security Initiative 10/1/2025 FY 2024 Subrecipient Workbook
for
City of Rocklin
1 256
ALN:
through
(Beginning Performance Period Date) (Ending Performance Period Date)
AUTHORIZED AGENT
NOTE: Unauthorized alterations will delay the approval of this request.
HSGP 97.067
City of Rocklin
Supporting Information for Application, Modification, or Request for Federal Funds This request is for a/an: Initial Application October 1, 2025 March 31, 2027 N/A $63,000
(Request #) (Amount This Request)
Under Penalty of Perjury, I certify that:
I am the duly authorized officer of the claimant herein. This claim is true, correct, and all expenditures were made in accordance with applicable laws, rules, regulations, and grant conditions and assurances.
Statement of Certification - Authorized Agent
By signing this report, I certify, to the best of my knowledge and belief, that the report is true, complete, and accurate, and that 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, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729–3730 and 3801–3812)
Signature of Authorized Agent Date
Printed Name of Authorized Agent Title of Authorized Agent 257
Exhibit E -Page 1 of 11
EXHIBIT E
ADDITIONAL FEDERAL TERMS
1. Compliance with Nondiscrimination and Equal Employment Laws. It is the City's policy to comply with state and federal laws and regulations including Title VI of the Civil Rights Act of 1964, Americans with Disabilities Act of 1990 (ADA) and other federal and state anti-discrimination laws and regulations.
A. During the performance of this Contract, Contractor agrees to comply with all Federal nondiscrimination laws and equal opportunity laws and regulations, as may be amended from time to time and not to participate directly or indirectly in the discrimination prohibited by any Federal law or regulation, including but not limited to:
(1) Title VI of the Civil Rights Act of 1964, as amended, (42 U.S.C. §§ 2000d et seq.) Treasury's implementing regulations at 31 C.F.R.Part 22, and any applicable implementing federal directives that may be issued;
(2) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq);
(3) The Older Americans Act, as amended (42 U.S.C. 6101), Section 324 of title 23 U.S.C., prohibiting discrimination based on gender, Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23;
(4) The Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. § 12101, et seq.), as well as all applicable regulations and guidelines issued pursuant to the ADA, including but not limited to those found within the Code of Federal Regulations, title 49, parts 27, 37, and 38; and
(5) Age Discrimination Act of 1975, as amended (42 U.S.C. §6101 et seq.), prohibiting discrimination on the basis of age.
(6) The Rehabilitation Act of 1963, as amended, (29 U.S.C. § 794), that provides that otherwise qualified handicapped individuals shall not be excluded from participation in, denied the benefits of, or be subjected to discrimination under any program or activity receiving federal funds.
258
Exhibit E -Page 2 of 11
(7) In the event Contractor fails to comply with any nondiscrimination provisions, the City and the applicable federal agency will have the right to impose such contract sanctions as they determine are appropriate, including but not limited to withholding payments to Contractor until Contractor complies, and/or cancelling, terminating, or suspending this contract, in whole or in part.
(8) To permit access to its books, records, accounts, other sources of information, and its facilities as required by the City or the applicable federal agency;
(9) Contractor shall insert this clause, including paragraphs (a) through (e), in every subcontract and in every solicitation for a subcontract for services to be performed under the City Contract.
2. Clean Air Act. Contractor agrees to comply with all applicable standards, orders or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15).
Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency (FEMA), and the appropriate Environmental Protection Agency Regional Office.
Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA.
3. Federal Water Pollution Control Act. Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq. Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the City, FEMA, and the appropriate Environmental Protection Agency Regional Office.
Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA."
4. Debarment and Suspension (Executive Orders 12549 and 12689). Contractor hereby confirms that it is not listed on the governmentwide exclusions in the System for Award 259
Exhibit E -Page 3 of 11
Management {SAM), in accordance with the 0MB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 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.
5. Byrd Anti-Lobbying Amendment {31 U.S.C. 1352).
A. Contractors who apply or bid for an award of $100,000 or more, and any subcontractors, must provide the certification below. 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 shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
Such disclosures must be forwarded from tier to tier up to the City, who in turn will forward the certification(s) to the awarding agency.
B. By signing this Agreement, Contractor certifies, to the best of his or her knowledge or belief, 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 the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or 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 State or Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
260
Exhibit E -Page 4 of 11
(3) None of the funds paid under this contract will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in
direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.
(4) This certification is a material representation of fact upon which reliance was placed when this Agreement was executed. Submission of this certification is a prerequisite for making or entering into this Agreement 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.
(5) Contractor also agrees by signing this Agreement that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000, and that all such subcontractors shall certify and disclose accordingly.
(6) Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
6. Procurement of Recovered Materials.
A. In the performance of this Contract, Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired.
B. Information about this requirement, along with the list of EPA - designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
C. Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act: (1) Competitively within a timeframe providing for compliance with the contract performance schedule; (2) Meeting contract performance requirements; or (3) At a reasonable price.
261
Exhibit E -Page 5 of 11
7. Contract Work Hours and Safety Standards. In the event that Contractor or any subcontractor is contracting for work requiring or involving the employment of laborers or mechanics, the following terms shall apply:
A. Overtime requirements. No contractor or subcontractor shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(l) of 29 C.F.R. § 5.5, Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontrac tor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(l) of 40 U.S.C. section 3702, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages.
C. Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by Contractor or any subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b){2) of 29 C.R.R. § S.S.
D. Subcontracts. The Contractor or any subcontractor shall insert in any subcontracts the clauses set forth in paragraph 28(A) through (C) of this section, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth herein.
8. Prohibition on Contracting for Covered Telecommunications Equipment or Services.
A. Definitions. As used in this clause, the terms backhaul; covered foreign country; covered 262
Exhibit E -Page 6 of 11
telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause.
B. Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telec ommunications products or from certain entities for national security reasons.
(2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to:
(i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
(ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
(iii) Enter into, extend, or renew contracts with entities 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; or
(iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
C. Exceptions.
(1) This clause does not prohibit contractors from providing:
263
Exhibit E -Page 7 of 11
(i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or Contract Provisions Guide 28.
(ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) By necessary implication and regulation, the prohibitions also do not apply to:
(i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system.
(ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services.
D. Reporting requirement.
(1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by an y other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.
(2) The Contractor shall report the following information pursuant to paragraph (d)(l) of this clause:
(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity {CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall descri be the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to 264
Exhibit E -Page 8 of 11
prevent future use or submission of covered telecommunications equipment or services.
E. Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments."
9. Domestic Preferences for Procurements. As appropriate, and to the extent consistent with law, the contractor should, to the greatest extend practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in the whole or in part of non -ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass; including optical fiber; and lumber.
10. Access to Records and Work Sites. The Contractor agrees to provide the City, the State of California, the FEMA Administrator, the Department of Homeland Security, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this Contract for the purposes of making audits, examinations, excerp ts, and transcriptions.
The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. The Contractor agrees to provide the above-referenced entities or their authorized representatives access to work sites pertaining to the work being completed under the contract.
11. Records Retention.
A. During the performance of this Contract and for a period of five years after the final payment is made, Contractor shall maintain all records related to this Contract, in accordance with generally accepted accounting practices, including records of Contractor's costs for performance under this Contract and records of Contractor's Reimbursable Expenses.
B. Contractor shall keep and make records available for inspection and audit by representatives of the City upon reasonable written notice.
C. Records to be retained include, but are not limited to:
(1) General ledger and subsidiary ledgers used to account for the receipt of funds from 265
Exhibit E -Page 9 of 11
the City and the disbursements of such funds for eligible expenses related to the provision of Services;
(2) Budget records for 2019 and 2020; payroll, time records, and human resource records to support costs incurred for payroll expenses related to the provision of Services;
(3) Receipts of purchases made relating to the Services;
(4) Contracts and subcontracts entered into to provide the Services, and all documents related to such contracts;
(5) All reports, auditors, or other monitoring of subcontractors;
(6) All documents supporting the provision of Services;
(7) All internal and external communications (including email) related to the services; and
(8) All investigative files and inquiry reports involving the Services.
12. Allowable Costs. Contractor agrees that the "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards" (2 CFR, Part 200), 48 CFR, Part 31, Federal Acquisition Regulations System, and any applicable federal agencies implementation procedures, shall be used to determine the cost allowability of individual items.
Any costs for which payment has been made to Contractor that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 48 CFR, Part 31, Federal Acquisition Regulations System or federal agency procedures implementing 2 CFR, Part 200 are subject to repayment by Contractor to the City. Disallowed costs must be reimbursed to the City within sixty (60) days unless the City approves in writing an alternative repayment plan.
13. OHS Seal, Logo and Flags. Contractor shall not use the U.S. Department of Homeland Security ("DHS") seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific pre -approval from the U.S. Federal Emergency Management Agency ("FEMA").
14. Compliance with Federal Law and Rules. Contractor acknowledges that FEMA financial 266
Exhibit E -Page 10 of 11
assistance may be used to fund all or a portion of the Contract. Contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. Contractor agrees to comply with all applicable instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity, which are incorporated herein by reference.
15. No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the City, Contractor, or any other party pertaining to any matter resulting from the Contract.
16. Program Fraud and False or Fraudulent Statements or Related Acts. Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract.
17. Affirmative Socioeconomic Steps. If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(l) -(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible.
18. Drug-Free Certification. By signing this Agreement, Contractor hereby certifies under penalty of perjury under the laws of the State of California that Contractor will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code§ 8350, et seq.) and will provide a drug-free workplace by taking the following actions:
A. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited, and specifying actions to be taken against employees for violations.
B. Establish a Drug-Free Awareness Program to inform employees about:
(1) The dangers of drug abuse in the workplace;
(2) The person's or the organization's policy of maintaining a drug-free workplace;
(3) Any available counseling, rehabilitation, and employee assistance programs; and
(4) Penalties that may be imposed upon employees for drug abuse violations.
C. Every employee of Contractor who works under this Agreement shall:
267
Exhibit E -Page 11 of 11
(1) Receive a copy of Contractor's Drug-Free Workplace Policy Statement; and
(2) Agree to abide by the terms of Contractor's Statement as a condition of employment on this Agreement.
19. Subcontractor Compliance. Contractor agrees that all subcontracts shall contain the provisions of this Exhibit.
20. Protections for Whistleblowers. Pursuant to 41 U.S.C. § 4712, Contractor may not discharge, demote, or otherwise discriminate against any employee in reprisal for disclosing an information the employee reasonably believes is evidence of gross mismanagement of this contract, a gross waste of federal funds, an abuse of authority related to this contract, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to this contract.
21. Terrorist Financing. Contractor must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.
22. Remedies. Should Contractor violate of any of the terms of this Contract, City may terminate the Contract and pursue all available legal and equitable remedies.
268
City of Sacramento | Grant Management Questionnaire (Rev. 4/2022) Page 1 of 3 City of Sacramento
GRANT MANAGEMENT ASSESSMENT QUESTIONNAIRE
ENTITY INFORMATION
Entity Name Sam.gov UEI #
Entity Type
CFDA / FAL # & Title
Grant Program
City Grant ID # City Contract #
Project Title / Descr
Performance Period
Subaward Total
As required by 2 CFR §200.331, the City of Sacramento is required to evaluate a subrecipi ent’s risk of non‐compliance
with federal statutes, regulations, and grant terms and conditions. This assessment is made so that the City can determine and provide an appropriate level of technical assistance, training, and grant monitoring in relation to this subaward.
The following questions are related to the subre
cipient’s experience with managing federal grant resources. This questionnaire must be completed and returned after execution of the underlying subaward agreement.
SINGLE AUDITS
1. Within the last 5 years, has the entity undergone a Single Audit under OMB A‐133 or Subpart F of 2 CFR 200?
2. Fiscal Year of Most Recent Single Audit Report Fiscal Year Ending:
3. Name of Audit Agency/Firm
4. What was the auditor’s opinion?
5. How many findings were there?
6. What was the total of questioned costs?
OTHER AUDITS
7. Within the last 5 years, has the entity undergone any other types of audits?
8. If “Yes,” please select the type of audit:
a. Financial Statement Audit
b. Defense Contract Agency Audit (DCAA)
c. Other:
9. Name of Audit Agency/Firm:
Other:
Exhibit D
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City of Sacramento | Grant Management Questionnaire (Rev. 4/2022) Page 2 of 3
ACCOUNTING
10. What type of accounting system does the entity use?
11. Does the accounting system have the capability to identify the receipt and expenditure of grant awards separately for each grant award?
12. Does the accounting system have the capability to record expenditures for each grant award by the budget cost categories shown in the approved budget?
13. Does the accounting system have the capability to record cost sharing (“match”) separately for each grant award, and maintain documentation to support recorded match or cost share?
14. Does the accounting system have the capability to accurately track employees’ actual time spent performing work for each grant award, and to accurately allocate charges for employee compensation for each grant award, and maintain records to support the actual time spent and specific allocation of charges associated with each employee?
POLICIES & PROCEDURES
15. Does the entity have written property policies, procedures, and/or guidance that comply with 2 CFR §200.310‐200.316?
16. Does the entity have written procurement policies, procedures, and/or guidance that comply with 2 CFR §§200.317‐200.327?
17. Does the entity’s written procurement policies, procedures, and/or guidance prevent entering into procurement contracts with entities and individuals suspended or debarred from procurement contracts under federal awards?
18. What kind of travel policy does the entity use?
19. Does the entity have written subrecipient policies, procedures and/or guidance that comply with 2 CFR §200.331?
HIGH RISK STATUS
20. Has a federal grant‐making agency designated the entity as “High Risk?” (High risk includes any status under which a federal awarding agency provides additional oversight due to the entity’s past performance or other programmatic or financial concerns with the entity.)
If “Yes”, provide an attachment that contains the following for each federal awarding agency that has designated the entity as high risk:
Name of the federal awarding agency
Date the agency notified the entity of the “high risk” designation Contact information for the “high risk” point of contact (name, phone, and email) Reason for “high risk” status, as set out by the federal awarding agency
PRIOR GRANT EXPERIENCE
21. In the last 5 years, has the entity received any grants from the following:
a. City of Sacramento
If “Yes,” please provide a list of past grant awards issued by the City of Sacramento detailing:
Name of the awarding city department
Grant Program Title/Description
Award/Contract Number
Award Year
Award Total
b. Other Government
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City of Sacramento | Grant Management Questionnaire (Rev. 4/2022) Page 3 of 3 c. Non‐Profit/Philanthropic Organizations
d. None of the Above
ENTITY CERTIFICATION (Must be made by the chief executive, executive director, chief financial officer, or other official with the requisite knowledge and authority.)
On behalf of the applicant entity, I certify to the City of Sacramento that the information provided above is complete and accurate to the best of my knowledge. I am duly authorized and to make this certification on behalf of the entity.
Signature Date
Title
271
Copyright 2022, Peregrine Technologies, Inc. All rights reserved. Copyright extends to all pages of this document.
PEREGRINE CUSTOMER ORDER FORM & SCOPE OF SERVICES
Customer Information
Customer Name: Rocklin Police Department Contact: Chief Rustin Banks Address: 4080 Rocklin Rd, Rocklin, CA 95677 Phone: 916-625-5400 Email: [email protected] Fax: N/A
Peregrine Services
Effective Date: October 1, 2025
Initial Term: From the Effective Date through September 30, 2026 (“Initial Term”).
Service Fee: The following fee schedule is available to the Customer if Order Form is signed on or before June 30, 2025. Unless otherwise terminated as set forth in the Terms and Conditions, Customer shall pay Peregrine a service fee of $63,000 annually for the Term as follows:
a. Initial Term: $63,000 within 30 days of the Effective Date The Customer has the option to continue use of the Service for up to two (2) optional annual terms as follows:
b. Option Year 1: $63,000 within 30 days of October 1, 2026 c. Option Year 2: $63,000 within 30 days of October 1, 2027 Peregrine Services : Peregrine provides a cloud -based SaaS platform designed for law enforcement data integration, analysis, and information sharing. The platform enables agencies to securely consolidate, search, and analyze records from multiple data sources to support inves tigations, operations, and public safety
initiatives. A detailed description of services and deliverables is included in Appendix D.
Users: Customer may allow an unlimited number of employees of the Rocklin Police Department to access and use the Service.
Onboarding and Training Services: Peregrine will provide Customer with an introductory training session that provides an overview of the S ervice, background on accessible data sources as of the Effective Date and an introduction to the analytic capabilities of the Service. Peregrine will provide additional training, including refresher sessions and advanced training modules, from time to time upon mutual agreement of the parties.
Professional Services: Annual enterprise subscription license to the Peregrine SaaS platform. The subscription term is a fixed, non -divisible 12-month license period, commencing upon provisioning of access credentials to the Customer. For purposes of this Agreement, provisioning of access constitutes full delivery and performance of the annual enterprise subscription license. The license fee is earned in full upon provisioning of access. The license is not divisible into monthly, daily, or other increments, and no portion of the license fee will be considered “undelivered” or “unperformed” following access provisioning, regardless of any subsequent termination or cessation of use by Customer.
272
August 12, 2025
2 Peregrine services are provided subject to the terms set forth above on this Order Form together with the attached terms and conditions (the “ Terms and Conditions ,” and together with this Order Form, the “ Agreement”). Any capitalized term used in this Order Form but not defined herein shall have the meaning ascribed to it in the Terms and Conditions. By signing this Order From, Peregrine and Customer each agree to the terms and conditions set forth in this Agreement. In the even t of any conflict between this Order Form and the Terms and Conditions, the terms of this Order Form shall govern to the extent of such conflict. This Order Form may be executed in counterparts (which may be delivered by electronic mail of .pdf files), eac h of which counterparts, when so executed and delivered, shall be deemed to be an original, and all of which counterparts, taken together, shall constitute one and the same instrument.
The initial Customer Dat a sources and systems that Peregrine will integrate with the Service for Customer ar e:
RIMS CAD and RIMS RMS.
The Customer is responsible for any third-party API or data access fees.
Any additional data integrations or new functionality shall be subject to mutual written agreement of the parties, including with respect to fees. All additional data integration services or new functionality and corresponding fees will be set forth in a statement of work.
For clarity, Peregrine will provide any other Professional Services and additional data integration services in accordance with Section 2.2 of the Terms and Conditions.
Inspection of Services: For purposes of inspection as referenced in the City of Rockland’s Standard Terms and Conditions, attached as Appendix C, the services provided under this annual enterprise subscription license will be deemed delivered upon provisioning of access to the SaaS platform. Inspection is lim ited solely to verification that access credentials have been provisioned and that Customer may access the platform. No additional rights to inspect, audit, or review Peregrine’s software, platform architecture, source code, or internal operations are granted under this Agreement.
Peregrine Customer
By: By:
Name: Nicholas Noone Name:
Title: President & CEO Title:
Date Signed: Date Signed:
Attest:
Name:
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3 Approved as to Form Office of the City
Attorney
By:
Name:
Title:
Date Signed:
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4 Peregrine Customer Terms and Conditions
These Peregrine Customer Terms and Conditions govern the provision of the services described on the attached Order Form (“ Order Form”) by Peregrine Technologies, Inc. (“ Peregrine”) to Rocklin Police Department (“Customer”). By executing an Order Form with Peregrine, Customer agrees to be bound by these Terms and Conditions.
1. Definitions.
“Aggregated Data” has the meaning specified in Section 6.1. “CJIS Security Policy” means the FBI CJIS Security Policy document as published by the FBI CJIS Information Security Officer, currently located at https://www.fbi.gov/services/cjis/cjis -security-policy-resource-center. “Client-Side Software” means any software in source or object code form that Peregrine makes available for use in connection with the Service, including Peregrine’s mobile application(s). “Criminal Justice Information Services Division ” or “ CJIS” means the FBI division responsible for the collection, warehousing, and timely dissemination of relevant criminal justice information to the FBI and to qualifi ed law enforcement, criminal justice, civilian, academic, employment and licensing agencies. “Customer Data” means any of Customer’s data, information, documents or electronic files that are provided to Peregrine via the Service or otherwise in connection with this Agreement, including any databases Customer procures from third party vendors for Peregrine’s integration with the Service; provided that, for purposes of clarity, Customer Data as defined herein does not include Aggregated Data. “Documentation” means the materials supplied by Peregrine hereunder, in any media, including any and all installer’s, operator’s and user’s manuals, training materials, guides, functional or technical specifications or other materials for use in conjunction with the Service.
“Personal Information” means any information that, individually or in combination, does or can identify a specific individual or by or from which a specific individual may be identified, contacted, or located, including without limitation all data con sidered “personal data”, “personally identifiable information”, or something similar under applicable laws, rules, or regulations relating to data privacy. “Professional Services” has the meaning specified in Section 2.2. “Service” means Peregrine’s proprietary platform that assist s Users with criminal investigations and police leadership decision making, consisting of a hosted web -based interface and the Client -Side Software. For purposes of this Agreement, the Service is exclusive of Professional Services that may be rendered upon mutual agreement of the parties in accordance with Section 2.2.
“SOW” has the meaning specified in Section 2.2.
“Third Party Data ” means any third party databases that Peregrine licenses from thi rd party vendors and makes accessible via the Service. For clarity, Third Party Data does not include any Customer Data.
“Third Party Products ” means any third -party products provided with, integrated with, or incorporated into the Service, including Third Party Data.
“Users” means the individuals authorized by Customer to use the Service in accordance with the terms in the Order Form (including number and type of individuals who may access the Service) and that have been supplied user identifications and passwords by Peregrine.
2. Provision of the Service and Additional Services.
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5 2.1. Service. During the Term and subject to the terms and conditions of this Agreement, including payment of the fees set forth on the Order Form, Customer may : (a) access and use the S ervice for up to the number of Users set forth in the Order Form, (b) download and reproduce the applicable Documentation solely for internal use in association with the Service , and (c) download, install, and use any Client -Side Software in support of Cus tomer’s use of the Service, in each case on a nonexclusive, non -transferable, and non- sublicensable basis and solely for Customer’s internal business purposes . Peregrine shall provide Customer with authentication credentials for individual Users upon written request from authorized personnel of Customer, (ii) onboarding and training services as set forth in the Order Form (“ Onboarding and Training Services ”), and (iii) telephone and standard technical support togf Customer during normal business hours (“ Technical Support”). Except as set forth herein, Peregrine shall, at its sole cost and expense, provide all facilities and equipment that may be necessary for Peregrine to perform the Services.
2.2. Professional Services. Except as set forth in the Order Form, in the event that Customer requests that Peregrine perform data integration, configuration or implementation services regarding the Service, including integration of Customer Data or Third Party Data and creation of specific modifications to the Service (but excluding any Onboarding and Training Services), Peregrine will discuss the scope and fees for such services and, if agreed, such work will be performed pursuant to a statement of work executed by the parties and referencing this Agreement that describe such scope and fees (an “ SOW,” and such services, the “ Professional Services”). Any fees associated with the Professional Services shall be set forth in the applicable SOW and Customer shall pay such fees in accordance with Section 4.2 below. To the extent the Professional Services result in any software code or other tangible work product (“ Work Product ”), all such Work Product will remain owned solely and exclusively by Peregrine and may be used by Customer solely in connection with Customer’s authorized use of the Service under this Agreement. Customer shall permit Peregrine access to Customer’s offices and any other facilities necessary for Peregrine to provide the Professional Services.
2.3. Access and Policies. Customer will permit Peregrine acce ss to Customer’s offices and any other facilities necessary for Peregrine to provide the Service, Onboarding and Training Services, Technical Support, and any Professional Services. Peregrine agrees to, and cause its personnel to, abide by Customer’s facil ities access and use policies as provided by Customer to Peregrine in writing in advance of any on -site visits. Customer will also permit and enable Peregrine to have offsite access to Customer Data and the Customer’s production platform for the Service in order to provide the Service, Technical Support and Professional Services. Peregrine agrees to comply with the CJIS Security Policy in connection with its access to Customer Data, including CJIS- defined policies for remote access.
2.4. Compliance with Applicab le Laws. Each party and its agents shall comply with all laws applicable to the performance or receipt, as applicable, of the Service hereunder.
2.5. Licenses and Permits. Peregrine and its employees, agents, and any subcontractors have, and will maintain at th eir sole cost and expense, all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. In addition to the foregoing, Peregrine and any subcontractors shall obtain and maintai n during the term of this Agreement valid business licenses from Customer as required by law.
2.6. Nondiscrimination and Equal Opportunity. Peregrine shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, genetic information, marital status, sex, sexual orientation, gender or gender identity, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of , or applicant for any services or programs provided by Peregrine under this Agreement. Peregrine shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in emplo yment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Peregrine thereby.
2.7. Suspension. Notwithstanding anything to the contrary in this Agreement, Peregrine may temporarily suspend Customer’s and any User’s access to any portion or all of the Service if: (a) Peregrine reasonably determines that (i) there is a threat or attack on the Service; (ii) Customer’s or any User’s use of the Service disrupts or poses a 276
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6 security risk to the Service or to any other customer or vendor of Peregrine; (iii) Customer, or any User, is using the Service for fraudulent or illegal activities; (iv) subject to applicable law, Customer has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; (v) Peregrine’s provision of the Service to Customer or any User is prohibited by applicable law; or (vi) any Customer Data submitted, posted, or otherwise transmitted by or on behalf of Customer or an User through the Service may infringe or otherwise violate any third party’s inte llectual property or other rights; (b) any vendor of Peregrine has suspended or terminated Peregrine’s access to or use of any Third Party Products required to enable Customer to access the Service; or (c) if Customer fails to pay any undisputed fees when due (any such suspension described in subclauses (a), (b), or (c), a “Service Suspension”). Peregrine shall use commercially reasonable efforts to provide written notice of any Service Suspension to Customer and to provide updates regarding resumption of a ccess to the Service following any Service Suspension. Peregrine shall use commercially reasonable efforts to resume providing access to the Service as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Peregrine will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any User may incur as a result of a Service Suspension.
2.8. Third Party Products. Peregrine may from time to time make Third Party Products available to Customer or Peregrine may allow for certain Third Party Products to be integrated with the Service. For purposes of this Agreement, such Third Party Products are subject to their own terms and conditions. Peregrine is not responsible for the operation of any Third Party Products and makes no representations or warranties of any kind with respect to Third Party Products or their respective providers. If Customer does not agree to abide by the applicable terms for any such Third Party Products, then Customer should not install or use such Third Party Products. By authorizing Peregrine to transmit Customer Data from Third Party Products into the Service, Customer represents and warrants to Peregrine that it has all right, power, and authority to provide such authorization.
2.9. Open Source Components. Certain aspects of the Service, such as the Client-Side Software, may contain or be distributed with open source software code or libraries (“ Open Source Components ”). Peregrine will pr ovide a list of Open Source Components for a particular version of any distributed portion of the Service, such as the Client- Side Software, on Customer’s request. To the extent required by the license applicable to such Open Source Components: (a) Peregrine will use reasonable efforts to deliver to Customer any notices or other materials (such as source code); and (b) the terms of such licenses will apply to such Open Source Components in lieu of the terms of this Agreement. To the extent the terms of such licenses prohibit any of the restrictions in this Agreement with respect to any particular Open Source Component, such restrictions will not apply to such Open Source Component.
To the extent the terms of such licenses require Peregrine to make an offer t o provide source code or related information in connection with the Open Source Component, such offer is hereby made. For purposes of clarity, Open Source Components are Third Party Products.
3. Customer Responsibilities.
3.1. Generally. Customer is responsible for all activities that occur under User accounts. Customer also shall: (a) ensure it has all rights necessary for Peregrine to integrate the Customer Data with the Service; (b) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Data; ( c) prevent unauthorized access to, or use of, the Service, and notify Peregrine immediately of any unauthorized access or use; (d)_ensure each User has its own unique account on the Service and that Users do not share their account credentials with one another or any third party; and (e) comply with all applicable laws in using the Service. Customer agrees to provide its Users with the applications necessary to run the Service as set forth in the Documentation.
3.2. Use Restrictions. Customer shall not use the Service for any purposes beyond the scope of access granted under this Agreement. Without limiting the generality of the foregoing, Customer shall not, and shall ensure Users do not: (a) license, sublicense, sell, resell, rent, lease, transfer, assign, dist ribute, time share or otherwise commercially exploit or make the Service available to any third party; (b) send spam or otherwise duplicative or unsolicited messages via the Service; (c) send or store infringing or unlawful material; (d) send or store mate rial containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (e) interfere with or disrupt the integrity or performance of the Service or the data contained therein; (f) attempt to gain unauthor ized access to the Service or its related systems or networks ; (g) copy, modify, or create 277
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7 derivative works based upon the Service or any component thereof; (h) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Service or any component thereof; (i) use the Service in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property or other right of any third party or that viola tes any applicable law; (j) access or use the Service for purposes of competitive analysis of Peregrine or the Service, the development, provision, or use of a competing service or product, or any other purpose that is to Peregrine’s detriment or commercial disadvantage; or (k) input, upload, transmit, or otherwise provide to or through the Service any information or materials, including Customer Data, that are unlawful or injurious in any way
3.3. CJIS Requirements. Customer certifies that it and its Users will comply with the following CJIS requirements:
(a) Customer agrees to use training, policy and procedures to ensure Users use proper handling, processing, storing and communication protocols for Customer Data and any Third Party Data; (b) Customer agrees t o protect the Service and any Third Party Data by monitoring and auditing staff user activity to ensure that it is only within the purview of system application development, system maintenance and the support roles assigned; (c) Customer will only provide access to the Service and any Third Party Data through Customer -managed role -based access and applied sharing rules configured by Customer; (d) Customer agrees to create and retain activity transaction logs to enable auditing by Peregrine staff, CJIS and a ny Third Party Data owners; (e) Customer agrees to perform independent employment background screening for its staff at Customer’s own expense; and (f) Customer agrees to reinforce staff policies for creating User accounts with only one Customer domain ema il address for each User, with exceptions only as granted in writing by Peregrine.
3.4. Operation Restrictions. Under certain circumstances, it may be dangerous to operate a moving vehicle while attempting to operate a laptop, mobile device or other touch scre en and any of their applications. Customer agrees that the Users will be instructed to only utilize the interface for the Service at times when it is safe to do so.
Peregrine is not liable for any accident caused by a result of distraction such as from vie wing the screen while operating a moving vehicle.
3.5. Customer Logo. Peregrine may use Customer’s name and logo in Peregrine’s lists of customers provided that such use will comply with any standard trademark guidelines provided by Customer to Peregrine.
3.6. Feedback. If Customer or any of its employees or contractors sends or transmits any communications or materials to Peregrine by mail, email, telephone, or otherwise, suggesting or recommending changes to the Service, including without limitation, new features o r functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), Peregrine is free to use such Feedback irrespective of any other obligation or limitation between the parties governing such Feedback.
4. Fees & Payment.
4.1. Fees. Customer shall pay the fees for the Service as specified in the Order Form and in any SOWs. All fees are non-refundable except to the extent otherwise expressly set forth in this Agreement.
4.2. Payment Terms. Except as set forth on the Order For m, Customer shall pay all fees within thirty (30) days of Peregrine issuing an invoice.
4.3. Taxes. Peregrine’s fees do not include any local, state, federal or foreign taxes, levies or duties of any nature (“Taxes”). Customer is responsible for paying all Taxes, excluding only taxes based on Peregrine’s income. If Peregrine has the legal obligation to pay or collect Taxes for which Customer is responsible under this section, the appropriate amount shall be invoiced to and paid by Customer unless Customer pr ovides Peregrine with a valid tax exemption certificate authorized by the appropriate taxing authority.
5. Proprietary Rights. The “Peregrine Technology “means (a) the Peregrine name, the Peregrine logo, and other trademarks and service marks; (b) audio and v isual information, documents, software and other works of authorship, including training materials; (c) other technology included in the Service, including Client-Side Software, graphical user interfaces, workflows, products, processes, algorithms, know -how and other trade secrets, techniques, designs, inventions and other tangible or intangible technical material or information provided by Peregrine under this Agreement; and (d) the work product or other results of Professional Services. Peregrine owns and shall retain all rights in the Peregrine Technology. Other than as expressly set forth in Section 2.1 above, no 278
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8 license or other rights in or to the Peregrine Technology or related intellectual property rights are granted to Customer or Users, and all such licenses and rights are hereby expressly reserved to Peregrine. For clarity, “Peregrine Technology” does not include Customer Data.
6. Data Access, Sharing and Security.
6.1. Customer Data. Peregrine may access, reproduce, and use Customer Data to provide the Service, including to provide Technical Support, Onboarding and Training Services and any Professional Services. Customer agrees that Peregrine may generate technical logs, data and insights about Customer’s usage of the Service (e.g., frequency of logins) (“Peregrine Insights”) and may use the Customer Data in aggregated and anonymized form that does not individually identify any person or entity, including Customer or its Users (“ Aggregated Data ”) for Peregrine’s internal business purposes and to operate and improve Peregrine’s proprietary software and services, and that Peregrine shall own the Peregrine Insights and the Aggregated Data. Peregrine shall destroy Peregrine Insights and Aggregated Data on termination of this Agreement. Peregrine may choose to t erminate the provision of any Customer Data via the Service if the provision of such data may be harmful to the Service, as determined by Peregrine in its reasonable discretion.
6.2. CJIS Security Policy. Peregrine has implemented procedures to allow for adherence to the CJIS Security Policy. The hosting facility for the Service uses access control technologies that meet or exceed CJIS requirements.
In addition, Peregrine has installed and configured solid network intrusion prevention appliances for adherence to the CJIS Security Policy.
6.3. Third Party Data. Any Third Party Data that Peregrine may provide via the Service is governed by the third party owner’s retention policy. Peregrine does not provide any warranties with respect to any Third Party Data and Peregrine may choose to terminate the provision of any Third Party Data via the Service if Peregrine’s applicable rights to such Third Party Data terminate or the provision of such data may be harmful to the Service, as determined by Peregrine in its reasonable discretion.
6.4. Processing of Personal Information. Peregrine’s rights and obligations with respect to Personal information it collects directly from individuals are set forth in Peregrine’s Privacy Policy <https://peregrine.io/privacy-policy/>.
Personal Information included within Customer Data and processed by Peregrine on behalf of Customer is governed by this Agreement.
6.5. Sensitive Information; Marking Requirements . To the extent Customer provides Customer Data that Customer considers to be sensitive, proprietary, restricted, or otherwise requiring sensitive treatment (“ Sensitive Information”), Customer is solely responsible for providing appropriate markings to designate the applicable Customer Data as Sensitive Information. Customer shall provide Peregrine with documentation and/or instructions in writing with sufficient detail for Peregrine to identify and distinguish content that is Sensitive Information within other provided Customer Data. Customer shall ( a) mark Sensitive Information on its face, ( b) make the appropriate designations for Sensitive Information in do cument metadata, ( c) provide Peregrine with a table or other list of Sensitive Information that contains sufficient detail to identify the Sensitive Information ; or (d) identify Sensitive Information to Peregrine in some other mutually agreed upon method. Peregrine shall not be responsible for failure to designate Sensitive Information with specific access control status based on Customer failure to provide sufficient information to identify Sensitive Information.
7. Confidentiality.
7.1. Definition of Confidential Information. The term “ Confidential Information ” means all confidential and proprietary information of a party (“ Disclosing Party”) disclosed to the other party (“ Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including Customer Data, any Third Party Data, the Service, the Documentation, the Peregrine Technology, business and marketing plan s, technology and technical information, product designs, and business processes.
7.2. Confidentiality. The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party except to perform its obligations or exercise its rights under this Agreement, except with the Disclosing Party’s prior written permission on a case-by-case basis. Each party agrees to protect the confidentiality of the Confidential 279
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9 Information of the other party in the same manner that it protects the confident iality of its own proprietary and confidential information of like kind, but in no event with less than reasonable care. If the Receiving Party is compelled by law or a government authority to disclose Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with prior notice of such compelled disclosure (to the extent practicable and legally permitted) and reasonable assistance, at Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure.
7.3. Exceptions. The parties’ obligations in Section 7.2 shall not apply to any information that: (a) is or becomes publicly available without breach of any obligation owed to the Disclosing Party; (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (c) was independently developed by the Receiving Party without breach of any obligation owed to the Disclosing Party; or (d) is received from a third party without breach of any obligation owed to the Disclosing Party.
7.4. Public Records Act s. Peregrine acknowledges that Customer is a public entity and may be governed by applicable laws, rules, or regulations relating to public records (each a “Public Records Act”). Nothing in this Section 7 shall prevent Customer from disclosing Confidential Information for purposes of complying with an applicable Public Records Act to the extent legally required.
7.5. Remedies. If the Receiving Party discloses or uses (or threatens to disclose or u se) any Confidential Information of the Disclosing Party in breach of this Section 7, the Disclosing Party shall have the right, in addition to any other remedies available to it, to seek injunctive relief to enjoin such acts, it being specifically acknowl edged by the parties that such unauthorized disclosure or use may cause irreparable harm to the Disclosing Party for which any other available remedies are inadequate.
8. Warranties & Disclaimers.
8.1. Warranties. Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Peregrine represents and warrants that (i) it will provide the Service in a professional manner consistent with the standards observed by a competent practitioner of the profession in which Peregrine is engaged, and (ii) the Service will perform in accordance with and otherwise substantially conform to its associated documentation.
8.2. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8.1, PEREGRINE MAKES NO WARRANTY OF ANY
KIND, WHETHER EXPRESS, IMPLIE D, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE, THE PEREGRINE
TECHNOLOGY, ANY THIRD PARTY DATA AND ANY OTHER PRODUCTS OR SERVICES PROVIDED UNDER THIS AGREEMENT. PEREGRINE HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON -INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
9. Indemnification.
9.1. Indemnification by Peregrine. Peregrine shall at its expense defend Customer and its officers, directors, officials, agents, volunteers and employees (“ Customer Indemnified Parties ”) against any claim made or brought against any Customer Indemnified Party by a third party alleging that the Service as provided to Customer and when used in accordance with this Agreement infringes any intellectual property rights of a third party (each, a “Customer Claim”), and shall indemnify and hold Customer Indemnified Parties harmless from and against any and all liability, loss, damage, claims, expenses, and costs, including without limitation, attorney’s fees, awarded by a court or agreed to by Peregrine in a settlement with respect to such Customer Claim; provided, that Customer (a) promptly gives written notice of the Customer Claim to Peregrine; (b) gives Peregrine sole control of the defense and settlement of the Customer Claim (provided that Peregrine may not agree to any settlement that imposes any liability or obligation on Customer without Customer’s prior written consent, such consent not to be unreasonably withheld, conditioned, or delayed ); and (c) provides to Peregrine, at Peregrine’s cost, all reasonable assistance in the defense and settlement of the Customer Claim. Peregrine shall have no obligation under this Section 9.1 or otherwise regarding claims that arise from or relate to (i) Customer’s use of the Service other than as contemplated by this Agreement, (ii) any modifications to the Service made by any entity other than Peregrine (where the liability would not have arisen but for such modification) , (iii) any combination of the Service with services or technologies not provided by Peregrine (where the liability would not have arisen but for such combination), (iv) Customer’s use of the Service or 280
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10 portion thereof after Peregrine has terminated this Agreement or such portion of the Service in accordance with this Section 9.1, or (v) Third Party Products . If in Peregrine’s opinion a Customer Claim is likely to be made, or if an existing Customer Claim may cause Peregrine liability, Peregrine may in its d iscretion (x) obtain a license to enable Customer to continue to use the potentially infringing portion of the Service, (y) modify the Service to avoid the potential infringement, or (z) if the foregoing cannot be achieved after using reasonable commercial efforts, terminate the Agreement or the license to the infringing portion of the Service and refund the amount of any pre - paid fees applicable to the portion of the terminated Services to be provided after the termination date.
9.2. Indemnification by Customer . To the extent permitted by applicable law, Customer shall at its expense defend Peregrine and its officers, directors, officials, agents, volunteers and employees (“ Peregrine Indemnified Parties”) against any claim made or brou ght against any Peregrine Indemnified Party by a third party based on: (a) Customer’s or any User’s negligence, gross negligence, fraud, or willful misconduct; (b) Customer’s or any User’s use of the Service in a manner not authorized by this Agreement; or (c) Customer Data or Peregrine’s authorized use of such Customer Data (each, a “ Peregrine Claim ”), and shall indemnify and hold Peregrine Indemnified Parties harmless from and against any and all liability, loss, damage, claims, expenses, and costs, inclu ding without limitation, attorney’s fees, awarded by a court or agreed to by Customer in a settlement with respect to such Peregrine Claim; provided, that Peregrine (i) promptly gives written notice of the Peregrine Claim to Customer; (ii) gives Customer sole control of the defense and settlement of the Peregrine Claim (provided that Customer may not agree to any settlement that imposes any liability or obligation on Peregrine without Peregrine’s prior written consent, such consent not to be unreasonably withheld, conditioned, or delayed); and (iii) provides to Customer, at Customer’s cost, all reasonable assistance in the defense and settlement of the Peregrine Claim.
9.3. Sole Remedy . THIS SECTION 9 SETS FORTH CUSTOMER’S SOLE REMEDIES AND PEREGRINE’S SOLE
LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS BY THIRD PARTIES RELATING TO THE SERVICE OR ITS USE.
10. Limitation of Liability.
10.1. Exclusion of Consequential and Related Damages. EXCEPT FOR A PARTY’S BREACH OF SECTION 7, A PARTY’S INDEMNIFICATION AND DEFENSE OBLIGATIONS, OR A PARTY’S GROSS NEGLIGENCE, FRAUD, OR WILLFUL
MISCONDUCT, IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS,
LOSS OF USE, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR A NY INDIRECT, SPECIAL,
INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER
IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
10.2. Liability Cap. IN NO EVENT SHALL PEREGRINE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO
THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED $200,000 IN THE AGGREGATE FOR ALL CLAIMS ARISING
UNDER THIS AGREEMENT AND ANY AND ALL OTHER AGREEMENTS BETWEEN CONTRACTOR AND THE CITY OF ROCKLIN.
11. Term & Termination.
11.1. Term of Agreement. This Agreement commences on the Effective Date and continues for the duration of the term set forth on the Order Form (“ Term”), unless earlier terminated in accordance with the Order Form or Section 11.2
11.2. Termination for Cause. A party may terminate this Agreement for cause upon thirty (30) days written notice of a material breach to the other party if such breach remains uncured at the expiration of such period. Termination shall not relieve Customer of the obligation to pay any fees accrued or payable to Peregrine prior to the effective date of termination.
11.3. Data. Upon expiration or termination of this Agreement, Peregrine shall have no obligation to maintain or provide any Customer Data or Third Party Data. Unless legally pro hibited, Peregrine shall delete all Customer Data 281
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11 in its systems or otherwise in its possession or under its control. Notwithstanding the foregoing or any other provision of this Agreement, Peregrine may use in perpetuity any Aggregated Data.
11.4. Survival. The following provisions shall survive termination or expiration of this Agreement: Sections 4, 5,
6.1, 6.3, 7, 8, 9, 10, 11.3, 11.4, and 12.
12. General Provisions.
12.1. Insurance. Peregrine shall maintain the insurance coverages described on Appendix A: Insurance . In addition, without limiting any of the obligations or liabilities of Consultant, Consultant shall carry Cyber and Privacy Liability Insurance, applicable to the services/work being performed, with limits of not less than $2 million per occurrence, $2 million aggregate; covering, but not limited to, claims involving security breach, system failure, data recovery, damage to persons and property, business interruption, breach response, regulatory fines and penalties, credit monitoring, cyber extortion, soci al engineering, infringement of intellectual property, invasion of privacy violations, information theft, damage to or destruction of electronic information, intentional and/or unintentional release of private information, alteration of electronic informat ion, extortion and network security. Such coverage shall apply to property damage resulting from any of the above, and for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City in the care, custody, or control of the Consultant
12.2. Relationship of the Parties. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third-party beneficiaries to this Agreement.
At all times during the term of this Agreement, Peregrine shall be an independent contractor and shall not be an employee of Customer. Except as Customer may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of Cust omer in any capacity whatsoever as an agent. Peregrine shall have no authority, express or implied, pursuant to this Agreement to bind Customer to any obligation whatsoever.
12.3. Peregrine’s Books and Records. To the extent required by applicable laws, rules, o r regulations, Peregrine shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the Customer under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to Peregrine to this Agreement. All such records shall be maintained in accordance with generally accepted standards and shall be made available for inspection, audit, and/or copying during regular business hours, upon written request of the Customer.
12.4. Force Majeure. Neither party shall be liable by reason of any failure or delay in performance of its obligations under this Agreement (except for the payment of money) on account of events beyond the reasonable control of such party, which may include Internet denial -of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, and material shortages (each, a “Force Majeure Event ”). Upon the occurrence of a Force Majeure Event, the non - performing party will be excused from any further performance of its obligations affected by the Force Majeure Event for so long as the event continues and such party continues to use commercially reasonable efforts to resume performance.
12.5. Federal Government. Any use, copy or disclosure of the Service by the U.S. Government is subject to restrictions as set forth in this Agreement and as provided by DFARS 227.7202-1(a) and 227.7202-3(a)(1995), DFARS 252.227-7013(c)(1)(ii)(October 1998), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227(ALT III), as applicable.
12.6. Additional Government Terms. Peregrine acknowledges that Customer may be a public entity and, accordingly, certain addition al laws, rules, and regulations may take precedence over the terms and conditions of this Agreement (the “ Additional Government Terms ”). The Additional Government Terms, if any, are attached hereto as Appendix B: Provisions for California Public Entities , and will govern to the extent of any conflict with any other term of this Agreement.
12.7. Notices. All notices under this Agreement shall be in writing and shall be deemed to have been given upon:
(a) personal delivery; (b) the second business day after mailing; (c) the second business day after sending by confirmed facsimile; or (d) after confirmed receipt of an email. Notices to Peregrine shall be addressed to the 282
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12 attention of Nick Noone, CEO, Peregrine Technologies, [email protected], with a copy to [email protected]. Notices to Customer are to be addressed to the individual identified in the Order Form.
12.8. Waiver; Cumulative Remedies Severability. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
12.9. Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior exp ress written consent of the other party. Notwithstanding the foregoing, Peregrine may assign this Agreement, together with all rights and obligations hereunder, without consent of Customer, in connection with a merger, acquisition, corporate reorganization , or sale of all or substantially all of its stock or assets that relate to this Agreement. Any attempt by a party to assign its rights or obligations under this Agreement in breach of this section shall be void and of no effect. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
12.10. Governing Law. This Agreement shall be governed by the laws of California. The state courts located in Placer County, CA or in the United States District Court for the Eastern District of California shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts provided that not hing in this Section 12.10 prohibits either party from seeking or obtaining in any jurisdiction injunctive or similar relief in connection with the enforcement of this Agreement.
12.11. Construction. The division of this Agreement into Sections and the insertion of captions and headings are for convenience of reference only and will not affect the construction or interpretation of this Agreement. The terms “this Agreement,” “hereof,” “hereunder” and any similar expressions refer to this Agreement and not to any particular Section or other portion hereof. The parties hereto agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of this Agreement. As u sed in this Agreement, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation” and “discretion” means sole discretion
12.12. Entire Agreement. This Agreement constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effectiv e unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted.
Notwithstanding any language to the contrary therein, no terms or conditions stated in a Customer purchase order or in any other Customer orde r documentation (excluding the Order Form) shall be incorporated into or form any part of this Agreement, and all such terms or conditions are hereby rejected and shall be null and void.
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13 Appendix A: Insurance
Peregrine, at its own cost and expense, shall procure the types and amounts of insurance specified herein and maintain that insurance throughout the term of the Agreement. The cost of such insurance shall be included in the Peregrine’s bid or proposal. Per egrine shall be fully responsible for the acts and omissions of its subcontractors or other agents.
Workers’ Compensation. Peregrine shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Peregrine in the amount required by applicable law. The requirement to maintain Statutory Workers’ Compensation and Employer’s Liability Insurance may be waived by the Customer upon written verifi cation that Peregrine is a sole proprietor and does not have any employees and will not have any employees during the term of this Agreement.
Commercial General and Automobile Liability Insurance
General requirements. Peregrine, at its own cost and expen se, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence and $2,000,000 aggregate, combined single limit coverage for risks associated with the work contemp lated by this Agreement.
Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition) covering any auto (Code 1), or if Peregrine has no owned autos, hired (code 8) and non-owned autos (Code 9). No endorsement shall be attached limiting the coverage.
Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Commercial General and Automobile Liability Insurance shall cover on an occurrence basis. b. Customer, its officers, officials, employees, agents, and volunteers shall be covered as additional insureds for liability arising out of work or operations on behalf of the Peregrine, including material s, parts, or equipment furnished in connection with such work or operations; or automobiles owned, leased, hired, or borrowed by the Peregrine. Coverage can be provided in the form of an endorsement to the Peregrine ’s insurance at least as broad as CG 20 10 11 85, or both CG 20 10 10 01 and CG 20 37 10 01. c. For any claims related to this Agreement or the work hereunder, the Peregrine’s insurance covered shall be primary insurance as respects the Customer, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the Customer, its officers, officials, employees, agents or volunteers shall be excess of the Peregrine’s insurance and non-contributing.
d. The policy shall cover inter -insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately.
e. Peregrine agrees to give at least 30 days prior written notice to Customer before coverage is canceled or modified as to scope or amount.
Professional Liability Insurance.
General requirements. Peregrine, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 per occurrence or claim covering the Peregrine’s errors and omissions.
Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement. 284
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14 b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work.
c. If coverage is canceled or not renewed and it is not replaced with another c laims-made policy form with a retroactive date that precedes the date of this Agreement, Peregrine must purchase an extended period coverage for a minimum of five (5) years after completion of work under this Agreement. d. A copy of the claim reporting r equirements must be submitted to the Customer for review prior to the commencement of any work under this Agreement.
All Policies Requirements.
Submittal Requirements. Peregrine shall submit the following to Customer prior to beginning services:
Certificate of Liability Insurance in the amounts specified in this Agreement; and Additional Insured Endorsement as required for the General Commercial and Automobile Liability Polices.
Acceptability of Insurers. All insurance required by this Agreement is to be placed with insurers with a Bests' rating of no less than A:VII.
Deductibles and Self-Insured Retentions. Insurance obtained by the Peregrine shall have a self-insured retention or deductible of no more than $100,000.
Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
Waiver of Subrogation. Peregrine hereby agrees to waive subrogation which any insurer or contractor may require from Peregrine by virtue of the payment of any loss. Peregrine agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the Customer has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Customer for all work performed by the Peregrine, its employees, agents, and subcontractors.
Subcontractors. Peregrine shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors s hall be subject to all of the requirements stated herein, and Peregrine shall ensure that Customer, its officers, officials, employees, agents, and volunteers are covered as additional insured on all coverages.
Excess Insurance. If Peregrine maintains higher insurance limits than the minimums specified herein, Customer shall be entitled to coverage for the higher limits maintained by the Peregrine.
Remedies. In addition to any other remedies Customer may have if Peregrine fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, Customer may, at its sole option, order Peregrine to stop work under this Agreement and withhold any payment that becomes due to Peregrine hereunder until Peregrine demonstrates compliance with the requirements hereof, or terminate this Agreement.
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15 Appendix B: Provisions for California Public Entities Compliance with Applicable California Laws . Peregrine shall, to the extent requi red by the California Labor Code, pay not less than the latest prevailing wage rates as determined by the California Department of Industrial Relations.
California Public Records Act . Peregrine acknowledges that Customer is a public entity governed by the California Public Records Act and that nothing in this Agreement shall prevent Customer from disclosing Confidential Information for purposes of complying with the California Public Records Act.
PERS Indemnification by Peregrine . In the event that Peregr ine or any employee, agent, or subcontractor of Peregrine providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an e mployee of Customer, at Peregrine shall indemnify, defend, and hold harmless Customer for the payment of any employee and/or employer contributions for PERS benefits on behalf of Peregrine or its employees, agents, or subcontractors, as well as for the pay ment of any penalties and interest on such contributions, which would otherwise be the responsibility of Customer.
Political Reform Act Conflicts . Peregrine may serve other clients, but none whose activities within the corporate limits of Customer or whose business, regardless of location, would place Peregrine in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. No officer or employee of Customer shall have any fin ancial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
California State Auditor Requirements . Pursuant to Government Code Section 8546.7, the Agreement may be subject to the examination and audit of the State Auditor for a period of 3 years after final payment under the Agreement.
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16 Appendix C: City of Rocklin Terms and Conditions of Purchase
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18 Appendix D: Scope & Description of the Peregrine Service Applications The Peregrine platform (the “Service,” “Peregrine”), is a web-based, CJIS-compliant software-as-a-service (SaaS) that provides a single point of access to integrate, discover, view, and analyze data from ROCKLIN POLICE DEPARTMENT (RPD)-defined data sources. Under this scope of work, Peregrine will integrate data from the following RPD sources:
• RIMS CAD and RIMS RMS
Peregrine is providing these capabilities under a firm-fixed-price license that includes all support, training, and cloud hosting services needed to achieve the project objectives. Additionally, this scope of work allows for an unlimited number of users from RPD to access and utilize Peregrine.
The platform performs several critical functions including data integration, search and information retrieval, advanced analytics, data management, reporting, data exchange and sharing, access control, audit logging, and security.
The Peregrine platform provides an efficient method for turning large amounts of raw data into actionable information. Peregrine does not provide nor create new data for its customers—our platform integrates existing data and makes it available to end users in a decision-ready state.
DATA INTEGRATION & MODELING
The RPD has volumes of valuable data, but that value cannot be unlocked because data is scattered across separate systems, siloed in ways that prevent it from being understood and analyzed together. The Peregrine platform is built to rapidly integrate, clean, transform, and model large amounts of raw data from disparate systems and continuously surface actionable information while reducing manual processing needs.
Peregrine Unlocks Data Sources by Integrating Them into a Single, Secure Platform
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19 The platform securely integrates data in near-real time to ensure that users have the most current and reliable information when and where they need it. As data flows into the platform, granular security controls, retention policies, and changes from underlying systems are continuously monitored and applied.
As soon as data enters the platform, it is mapped to an agency-specific data model that is molded to the unique operations of the RPD. This data model provides a dynamic representation of all data – entities, locations, events, and the links between them. Harmonizing multi- source data into one data model allows users to smoothly analyze data without requiring a technical understanding of the underlying source systems themselves.
The data model is a dynamic layer of the Peregrine platform, one that can evolve and adapt in response to changes in the RPD’s underlying data systems, even as those systems are upgraded or swapped out.
SEARCH & INFORMATION RETRIEVAL
Once data is integrated into the Peregrine platform, it is immediately accessible through front-end applications. Personnel can easily search for data and filter based on criteria relevant for their investigations, analysis, or other workflow. The Peregrine platform is intuitive to use, allowing personnel of varying technical abilities, skillsets, and functions to surface information that is relevant to them and streamline their unique search workflows.
The platform is designed to be walk-up usable; new users of the platform can immediately surface, analyze, and action data by navigating the platform’s intuitive user interface and applications. These users have multiple ways to surface and view relevant information, allowing them flexibility to approach questions and decisions in ways that best suit them.
These features mean that users arrive at answers more quickly and with greater accuracy, saving time and effort.
EXPLORATION, VISUALIZATION, & REPORTING TOOLS
The Peregrine platform provides a powerful suite of tools for the exploration, visualization, and reporting of data. These tools enable personnel to create dynamic data products and reports—such as interactive maps, network graphs, and dashboards—that automatically update as new data flows into the platform. Personnel can smoothly move data between analytical tools, viewing the same data in different modalities without having to log into different systems or applications.
The following subsections provide more information regarding these analysis tools.
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20 Geospatial Analysis Tool. To better understand geographical assets, events, and trends, the Peregrine platform includes an interactive Map application. The Map allows users to conduct visually intuitive geographical analysis on all agency data, both historical and in real-time. Users can surface trends, make connections, filter to areas of interest, drill into specific events, particular time periods, and add new layers of relevance on top as needed.
The Map is designed for next-generation geographic contextual and situational awareness, allowing users to explore and answer specific questions with the most relevant data. The Map is intuitive for all personnel whether they are consuming pre-built analyses, conducting ad-hoc searches, or creating complex geospatial products from scratch.
Link Chart Analysis Tool. The platform’s Link Chart aids in the discovery and visualization of connections between otherwise disconnected data. The Link Chart allows users to discover links between people, places, entities, and events across one or multiple degrees of separation. Peregrine’s platform also automatically extracts links from both structured and unstructured data to illuminate connections between people, places, events, documents, and media data without requiring manual processing. For example, an address written in narrative form within a scanned document can be automatically linked to a person living at that address or to a vehicle registered there.
Reports & Dashboards. The platform’s report and dashboard applications provide configurable, real-time executive summaries to inform situational awareness, statistical analysis, and decision making. Reports and dashboards are configurable to meet the unique needs and visual preferences of individual users. All reports and dashboards are directly connected to real-time data feeds, empowering users to drill down from high- level summary information to the most granular context with a single click. Once a user creates a dashboard, they can continue to use it indefinitely—and share it as needed.
Temporal Analysis Tool. By centralizing data—and all associated metadata—from data systems, users can understand and surface trends over time. Through an intuitive int erface, users can analyze how, e.g., calls for service or types of incidents vary by day of week and time of day. Peregrine supports robust search and query capabilities at the day of week and hour of day level, enabling users to conduct analysis over spec ific units, in specific shifts, at specific locations. As a result, organization can make more informed, data -backed resourcing decisions to more effectively meet mission outcomes.
Real-Time Alerting. With all data centrally located, users can receive real-time notification on new data from any source system. The Peregrine platform’s alerting technology can notify specific users if a pre -defined data entity was added or removed, viewed, downloaded, renamed, or shared. This includes geo -fenced areas or user-defined polygons. For instance, if a neighborhood is experiencing a trend in a type of crime, a Peregrine user can create an alert through the platform’s “follow” feature. If another similar crime occurs in the defined area, a real -time notification will be sent to all users following this alert via email, SMS, or both.
Mobile Application.
The Peregrine Mobile application has many of the same capabilities as our web -based platform and includes the ability to: search across siloed data systems; rapidly visualize and analyze data with a variety of analytical tools (maps, tables, etc.), and send information between personnel and teams, and configure custom alerts. Peregrine’s Mobile application is protected through two-factor authentication, including biometric authentication, and all data 291
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21 in the application is fully secured and encrypted to ensure CJIS compliance. This Mobile application is available on both iOS and Android devices.
Permission-based Collaboration & Sharing
The Peregrine platform provides features for secure collaboration and sharing that will enable the RPD to build deeper, trusting partnerships with local and regional stakeholders, including with City leadership and the broader community. The platform’s granular access and usage control capabilities prevent unauthorized or inappropriate use or sharing of sensitive data while allowing agencies and departments to share information with their partners in a deliberate, precise, and auditable manner.
Collaboration in the Peregrine platform extends beyond simple data sharing; it also allows for multiple users to work within the same application at the same time across multiple devices and locations. The platform’s collaboration features compound the value of users’ work by dynamically connecting them in real time with other users who are working with or interested in the same data. In this way, the Peregrine platform generates opportunities for users to improve the quality and speed of their answers by connecting them to users who are asking the same question.
Peregrine’s collaboration features will allow RPD users to share information available in Peregrine with authorized external users (e.g., other neighboring law enforcement agencies) even if those users’ organizations do not have their own Peregrine software licenses.
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22 Implementation and Delivery Methodology
Peregrine engages with our customer via fixed-price, annual licenses. A Customer’s license includes all needed implementation and delivery support to achieve project objectives.
Implementation team. Peregrine implementation teams consist of software engineering, product devel opment, human-centered design, user engagement, and training experts. The Peregrine implementation team will provide the Customer continuous support and collaborate closely with the Customer to provide use case development, data modeling, data integration, training curriculums, use case / workflow development, and continuous support.
This team is committed to ensure that the Peregrine platform is quickly deployed, securely configured, and adopted for its intended purpose.
Solution Timeline & Implementation Model. Each Peregrine platform implementation consists of four steps to maximize success and impact at the outset of our partnership. These steps typically enable implementation and use within 90 days.*
Milestone Delivery Deliverable
1 – Kickoff and Scoping Week 2
1. Determine priority order of data integrations and user groups
2. Facilitate Peregrine team access to data sources and initial users
3. Set up project team and steering committee
2 – Data Integration,
Data Modeling, and User
Discovery
Month 1
1. Deploy the Peregrine platform
2. Ingest, integrate, transform, model, and validate data sources
3. Configure permission controls
4. Introduce platform to the first set of users
5. Conduct 45-day steering committee review
3 – Real-time Workflows
and Analytics Month 2 1. Initiate user training
2. Develop and implement user and team-specific workflows 4 – Operationalization
and Next Steps Month 3
1. Continue collecting feedback and improve user workflows
2. Validate work based on actionable results
3. Identify next steps
4. Conduct 90-day steering committee review (quarterly thereafter) * Integration timelines provided are from date of access to relevant networks and data sources.
Peregrine’s implementation team will work with RPD to get access to appropriate networks and da ta sources in a timely manner and requires support from the Customer to facilitate such access.
Required Assistance from Customer IT. Under this scope of work, Peregrine will be integrating sources of information that are hosted on premises within RPD’s network and sources that are third -party, cloud hosted systems. Peregrine requests the following support from RPD IT. The methods outlined below are Peregrine’s preferred methods of connecting to relevant networks and systems. Should any of those met hods be unavailable, Peregrine will work with RPD IT to determine the most efficient and effective methods to allow for data access.
• Enable access to RPD’s network by, among other things, enabling an IPSec tunnel that enables Peregrine’s access to necessary systems hosted within RPD’s network; • enable access to RPD’s identity and access management (IDAM) solution in order to enable synchronization with RPD’s login credentials;
• provide read-only accounts to all in-scope RPD-managed and hosted systems (e.g., RMS, CAD) 293
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23 • provide or facilitate the provision to accounts to all in-scope third-party managed and hosted systems (e.g., Evidence.com, Flock)
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24 Support Methodology
Peregrine provides ongoing support to the Customer on a 24x7x365 basis as part of the annual term license. The Peregrine platform includes an integrated support feature by which users can file support issues or ask questions.
Additionally, self-help user guides are available in the Peregrine Knowledge Base, designed to answer frequently asked questions and provide walk through guides of common workflows.
System Availability
During any calendar month, the Peregrine system shall be available to users no less than 99.9% of the time on a 24x7 basis, excluding scheduled maintenance of the system, provi ded that Peregrine is not responsible for any downtime of the applications or software caused by third party data services (e.g., RMS databases). Peregrine shall provide prompt notification as soon as it becomes aware of any actual or potential unscheduled downtime of the system, as well as periodic updates during the unscheduled downtime regarding Peregrine’s progress in remedying the unavailability and the estimated time at which the system shall be available.
Issue Response and Resolution
Severity Level Level of Effort Initial Response Work Around Targeted Time to Permanent Fix
Status Updates
1 Continuous best
efforts, 24/7
Immediate, but in
no event to exceed
30 minutes
8 hours 3 calendar days Every 2 hours prior
to work around and
every calendar day
until permanent
correction
2 Commercially
reasonable efforts,
24/7
1 hour 24 hours 5 calendar days Every 6 hours prior
to work around and
every calendar day
until permanent
correction
3 Commercially
reasonable efforts,
during normal
business hours
1 business day 10 business days 20 business days Every 2 business days prior to work
around and every
calendar day until
permanent
correction
• “Severity level 1 error” means any system error that, for fifty percent (50%) or more of RPD’s users, renders the system or any material portion of the system inoperative, or materially impairs use of the system in a production environment.
• “Severity level 2 error” means any system error that, for fifty percent (50%) or more of RPD’s users, substantially impairs use of one or more features or functions of the system. • “Severity level 3 error” means any system error tha t, for fifty percent (50%) or more of RPD’s users, has a minimal impact on the performance or operation of the system.
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City Council
Staff Report
Subject:
Various Roadway and Pedestrian Improvements Project - Notice of Completion
Date:
September
9, 2025
Submitted By:
Kristen Van Groningen, Associate Civil Engineer
David Mohlenbrok, Community Development Director
Department:
Community Development
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Accepting the Public Work Known as the Various Roadway and Pedestrian Improvements Project, Approving the Notice of Completion, and Authorizing and Directing the Execution and Recordation of Said Notice on Behalf of the City.
Background:
The Various Roadway and Pedestrian Improvements Project consisted of multiple projects, with overlapping trades of work, packaged together to streamline staff resources and utilize economies of scale for better pricing. The projects are listed below:
Blue Oaks Boulevard Pedestrian Signal (Project No. 50177) A new pedestrian signal was installed on Blue Oaks Boulevard, at the open space areas, to connect existing multi-use pathways that terminate at Blue Oaks Boulevard.
Sierra College Boulevard Widening (Project No. 50164)
Southbound Sierra College Boulevard was widened between Schriber Way and Dominguez Road, a six-foot-wide sidewalk installed, and traffic signal safety enhancements performed.
Uncontrolled Crosswalk Enhancements: Crest Drive at Valley View Elementary Pedestrian Improvements and Enhanced School Zones Project (Project No. 50158) Crosswalk enhancements on Crest Drive at Valley View Elementary School included new Americans with Disabilities Act (ADA) curb ramps, rapid rectangular flashing beacons (RRFBs), pedestrian push button assemblies, and high-visibility crosswalk markings; also included were updated school zone signage and pavement markings at ten school locations.
On May 14, 2024, the City Council awarded a construction contract to Central Valley Engineering and Asphalt, Inc., (Resolution No. 2024-110) for $1,389,069.00, with contingency ($207,898.75) for a total cost of $1,596,967.75.
Item Number C12.
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The City’s Engineering Division has completed final inspections and found the work to be complete and in accordance with the plans and specifications. The project is now ready for acceptance.
Fiscal Impact:
There is no direct fiscal impact associated with the staff recommendation.
ATTACHMENTS:
1. Resolution
2. Resolution Exhibit 1 - Notice of Completion with Exhibits A, B, and C 297
Resolution No. 2025- Page 1 of 1
1 Resolution No. 2025- September 9, 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 VARIOUS
ROADWAY AND PEDESTRIAN IMPROVEMENTS PROJECT,
APPROVING THE NOTICE OF COMPLETION, AND AUTHORIZING
AND DIRECTING THE EXECUTION AND RECORDATION OF SAID
NOTICE ON BEHALF OF THE CITY
WHEREAS, on May 14, 2024, the City Council of the City of Rocklin adopted Resolution No. 2024-110, awarding the contract for the Various Roadway and Pedestrian Improvements project (Project Nos. 50177, 50164, and 50158) to Central Valley Engineering and Asphalt, Inc.; and
WHEREAS, the Various Roadway and Pedestrian Improvements Project consisted of the installation of a new pedestrian signal on Blue Oaks Boulevard; the widening of southbound Sierra College Boulevard between Schriber Way and Dominguez Road, the installation of a six-foot-wide sidewalk and traffic signal safety enhancements; school crosswalk enhancements on Crest Drive at Valley View Elementary School; and updated school zone signage and pavement markings (the “work”); and
WHEREAS, the project was completed on June 5, 2025, and the City’s Engineering Division deems the work to be in accordance with the plans and specifications, and ready for acceptance.
NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:
Section 1. The Notice of Completion relative to th e public work known as the Various Roadway and Pedestrian Improvements Pr oject attached hereto and incorporated herein as Exhibit “1” is approved and the public work accepted.
Section 2. The Senior Engineer 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 w hen fully executed and notarized, and within ten (10) days of Council approval.
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Resolution No. 2025- September 9, 2025 Page 2 of 2
1 September 9, 2025
PASSED AND ADOPTED this 9th day of September, 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
_________________________
Jill Gayaldo, Mayor
ATTEST:
____________________________
Avinta Singh, City Clerk
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Exhibit “1”
Notice of Completion
300
Recording Requested by and Return to:
City Clerk
City of Rocklin
3970 Rocklin Road
Rocklin, CA 95677
No Fee Per Gov’t Code § 27383
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the public work known as Various Roadway and Pedestrian Improvements Project (Project No s. 50177, 50164, and 50158) is complete. The locations of said project are indicated on the maps attached hereto as Blue Oaks Blvd. (Exhibit “A”), Sierra College Blvd. (Exhibit “B”), and Crest Drive (Exhibit “C”), located within the City of Rocklin, County of Placer, State of California, and incorporated herein by this reference . The owner of said project is the City of Rocklin , 3970 Rocklin Road, Rocklin, California 95677 . The contractor on said project was Central Valley Engineering & Asphalt, Inc. and the surety on said project was Everest National Insurance Company. The date of completion was June 5, 2025.
I, Larry M. Wing, being first duly sworn, depose and say: I am the Senior Engineer of the City of Rocklin, a general law city in the State of California, owner of the property described in the above Notice of Completion. 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
_____________________________________
Senior Engineer, City of Rocklin,
3970 Rocklin Road, Rocklin, California –
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:________________________________
Larry M. Wing
Senior Engineer, City of Rocklin
301
EXHIBIT “A”
NOTICE OF COMPLETION OF
VARIOUS ROADWAY AND PEDESTRIAN IMPROVEMENTS PROJECT
302
EXHIBIT “B”
NOTICE OF COMPLETION OF
VARIOUS ROADWAY AND PEDESTRIAN IMPROVEMENTS PROJECT
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EXHIBIT “C”
NOTICE OF COMPLETION OF
VARIOUS ROADWAY AND PEDESTRIAN IMPROVEMENTS PROJECT
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City Council
Staff Report
Subject:
Police Department HVAC & Roof Replacement – Notice of Completion Date:
September
9, 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 Police Department HVAC & Roof Replacement, Approving the Notice of Completion Thereof, and Authorizing and Directing the Execution and Recordation of Said Notice on Behalf of the City (CNW Construction, Inc.).
Background:
On May 28, 2024, the City Council adopted Resolution No. 2024-129, awarding the Police Department HVAC & Roof Replacement project (Project No. 45461) to CNW Construction, Inc., in the amount of $1,850,000, plus a 15% contingency ($277,500), for a total not-to- exceed project amount of $2,127,500. This project consisted of removal and replacement of the HVAC units and replacement of the roof at the City of Rocklin Police Department located at 4080 Rocklin Road (see Attachment 2 for Project Location).
The project was completed on July 18, 2025. Two (2) change orders were issued for a total change order amount of $21,307.49, increasing the project cost to $1,871,307.49.
Staff recommends that the City Council accept the public work known as the Police Department HVAC & Roof Replacement, accept 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 the staff recommendation.
Item Number C13.
ATTACHMENTS:
1. Resolution and Notice of Completion
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Resolution No. 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
POLICE DEPARTMENT HVAC & ROOF REPLACEMENT,
APPROVING THE NOTICE OF COMPLETION THEREOF, AND
AUTHORIZING AND DIRECTING THE EXECUTION AND
RECORDATION OF SAID NOTICE ON BEHALF OF THE CITY
(CNW CONSTRUCTION, INC.)
WHEREAS, on May 24, 2024 , the City Council of the City of Rocklin adopted Resolution No. 2024-129, awarding the contract for the Police Department HVAC & Roof Replacement project to CNW Construction, Inc., in the amount of $1,850,000; and
WHEREAS, this project included removal and replacement of the HVAC units and replacement of the roof at the City of Rocklin Police Department; and
WHEREAS, a contingency amount of fifteen (15) percent of the contract ($277,500), which was approved by the City Council of the City of Rocklin , resulted in a total authorized project cost of $2,127,500; and
WHEREAS, two change order w ere issued, increasing the cost by $ 21,307.49, bringing the total project amount to $1,871,307.49; and
WHEREAS, the project was completed on July 18 , 2025 , and fund ed by the Capital Construction Fund (304).
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 Police Department HVAC & Roof Replacement (CNW Construction, 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.
306
September 9, 2025 Resolution No. 2025- September 9, 2025 Page 2 of 2 1 PASSED AND ADOPTED this 9th day of September, 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
___________________________
Jill Gayaldo, Mayor
ATTEST:
__________________________
Avinta Singh, City Clerk
307
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 Police Department HVAC & Roof Replacement is complete. The location of said project is at 4080 Rocklin Road, Rocklin, CA. The owner of said project is the City of Rocklin. The date o f completion was July 18, 2025. The contractor on the project was CNW Construction, Inc., and the surety on said project Swiss Re Corporate Solution America Insurance Corporation.
I, Justin Nartker, being first duly sworn, depose and say: I am the Publi c 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
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309
City Council
Staff Report
Subject:
Electric Vehicle Purchases
Date:
September
9, 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 Authorizing the Purchase of Two (2) 2026 Chevrolet Silverado Electric 4WT Trucks from Winner Chevrolet and Authorizing the City Manager to Purchase the Vehicles.
Background:
The Energy Efficiency and Conservation Block Grant (EECBG) Program, administered by the U.S. Department of Energy (DOE) Office of State and Community Energy Programs (SCEP), provides eligible local and Tribal governments with the option to receive an equipment rebate and/or a technical assistance voucher in lieu of a traditional formula grant.
On April 25, 2024, the City submitted an application to the EECBG Program for an equipment rebate voucher to support the purchase of electric vehicles and associated charging infrastructure. The City was awarded $127,710.00 on November 25, 2024 (Attachment 3).
Grant funds must be expended within two years of the award date.
Two (2) 2026 Chevrolet Silverado Electric 4WT trucks, each with a 282-mile range, are now available and are recommended to replace two (2) existing Ford F-150 units (7207 and 9202), which were previously identified for replacement. These vehicles are primarily used by supervisor positions and/or for light duty assignments.
Under California Contract No. 1-22-23-23D, Winner Chevrolet, Inc. (Elk Grove) has provided a quote of $54,618.82 per vehicle (Attachment 2). In accordance with Rocklin Municipal Code (RMC) Section 3.04.090(C) and (D), the City is authorized to utilize cooperative/piggyback purchasing to avoid duplicative bidding procedures.
Staff recommends that the City Council authorize the purchase of the two (2) vehicles from Winner Chevrolet in an amount not to exceed $109,237.64, pursuant to the terms of the referenced state contract (Attachment 4).
The remainder of the grant funds will be used to purchase and install the associated charging Item Number C14.
310
infrastructure at the City Corporation Yard.
Fiscal Impact:
There is no fiscal impact as the cost for the vehicles will be covered by equipment voucher rebate funded through EECBG Program.
ATTACHMENTS:
1. Resolution
2. Resolution Exhibit A - Vehicle Quote
3. EECBG Application
4. Statewide Contract 1-22-23-23D
311
Resolution No. 2025- September 9, 2025 Page 1 of 2
1 RESOLUTION NO. 2025-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
AUTHORIZING THE PURCHASE OF TWO (2)
2026 CHEVROLET SILVERADO ELECTRIC 4WT TRUCKS
FROM WINNER CHEVROLET, INC. AND AUTHORIZING THE
CITY MANAGER TO PURCHASE THE VEHICLES
WHEREAS, the Energy Efficiency and Conservation Block Grant (EECBG) Program, administered through the U.S. Department of Energy (DOE) Office of State and Community Energy Programs (SCEP), provides eligible local and Tribal governments with funding opportunities for equipment rebates and/or technical assistance vouchers; and
WHEREAS, on April 25, 2024, the City of Rocklin applied to the EECBG Program for an equipment reb ate voucher to support the purchase of electric vehicles and associated charging equipment, and was awarded $127,710.00, which must be expended within two years of the November 25, 2024, award date; and
WHEREAS, two (2) 2026 Chevrolet Silverado Electric 4WT Trucks have become available for purchase and are recommended to replace two (2) existing Ford F-150 units (7207 and 9202); and
WHEREAS, Winner Chevrolet, Inc. (Elk Grove) has provided a quote under California State Contract No. 1-22-23-23D in the amount of $54,618.82 per vehicle, for a total not to exceed $109,237.64; and
WHEREAS, Rocklin Municipal Code (RMC) Section 3.04.090(C) and (D) authorize the City to participate in cooperative and piggyback purchasing programs, thereby eliminating the need for a separate competitive bidding process; and
WHEREAS, the purchase of these vehicles is consistent with the City’s commitment to fleet modernization, energy efficiency, and environmental sustainability, and is funded through the EECBG Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rocklin as follows:
Section 1. The City Council hereby authorizes the purchase of two (2) 2026 Chevrolet Silverado Electric vehicles from Winner Chevrolet, Inc. in an amount not to exceed $109,237.64, pursuant to California State Contract No. 1-22-23-23D.
Section 2. The City Manager is authorized and directed to execute all necessary documents to complete the purchase on behalf of the City of Rocklin.
312
Resolution No. 2025- September 9, 2025 Page 2 of 2
1 Section 3. The City Manager is authorized to return any unused funds associated with vehicle units 7207 and 9202 to their respective fund balances.
PASSED AND ADOPTED this 9th day of September, 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
____________________________________
Jill Gayaldo, Mayor
ATTEST:
________________________
Avinta Singh, City Clerk
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Individual Application
Record Detail (?Tabset-3a4af=1) Related List (?Tabset-3a4af=2) Reporting (?Tabset-3a4af=d07bb) LCPtracker Registration (?Tabset-3a4af=370a6) Annual Performance Report (?Tabset-3a4af=9a3e0) Post-Installation Individual Application
Application ID
IA-0000000815
Application Status
Project In-Progress
Account
Rocklin (/eecbgvouchers/s/detail/001Hs000030dnAbIAI)
Category
Rebates
Contact
Elizabeth Sorg (/eecbgvouchers/s/detail/003Hs00004kHwepIAC) Total Line Items
2 Application Number
EECEQ-00815
Project Start Date
11/25/2024
Planning to team with other entities?
No
Project Information
Sectors served
Local Government
How the project serves DACs
The purchase of zero emission vehicles will help reduce carbon emissions while fleet trucks are driving through the city. The truck will commute between several City facilities, some of which are located in the older and low-income neighborhoods. A zero emission fleet truck will reduce the carbon emissions in these areas and reduce the exposure to toxins for these neighborhoods.
Other Project Sector One to Two Sentence Summary
The City of Rocklin will be purchasing a zero emission fleet truck and the charging infrastructure to support the purchase. This will replace a gasoline fleet vehicle and serve as a pilot program to gauge the feasibility of transitioning the City fleet to a zero emission fleet.
Eligible Activities
Conservation of Transportation Energy
Serves disadvantaged communities (DACs)?
Yes
Budget Information
EECBG Program Formula Allocation Amount
$127,710.00
Total Voucher Estimate
$127,710.00
Using multiple EECBG recipients formula?
No
Total Teaming EECBG Formula Allocation
Program Metrics and Compliance Requirements
Program Metrics
Transportation Infrastructure and Vehicles;Equipment Purchased Davis-Bacon Assurance Letter SIgned by
Elizabeth Sorg
Other Program Metric Davis-Bacon Assurance Letter Signed Date 4/25/2024
Applicable NEPA SOW
NEPA SOW 1
Terms and Conditions
Terms And Conditions Signed By
Alexandra Zimmerman
Terms And Conditions Signed Date
11/20/2024
Application Milestones
Applied Date
4/25/2024, 4:20 PM
Approved Date
Financial Report (SF-425)
Financial Report Submitted Date
One Time Location Report
One Time Location Report Submitted Date
Annual Historic Preservation Report
Annual Historic Report Completed?
Annual Historic Report Year
Annual Historic Report Submitted Date
NEPA Report
NEPA SOW1 submission?
NEPA Report Submitted Date
Applied Date
4/25/2024, 4:20 PM
Account
Rocklin (/…
Application Status
Project In-Progress
RecordType Name
Equipment Rebates Application
About The Program (/eecbgvouchers/s/about-the-program) Submit Application My Applications (/eecbgvouchers/s/my-applications) Requirements (/eecbgvouchers/s/requirements 329
Website and program administered by ICF Incorporated under DOE BPA Award 89303023ASE000001.
Instances of potential fraud, waste, and abuse should be referred to the DOE IG Hotline (https://www.energy.gov/ig/ig-hotline), phone: 1–800–541–1625 or email: [email protected] Davis Bacon Act Report
Comply DBA Standards?
DBA Report Submitted Date
Semi-Annual Davis Bacon Act (DBA) Report
Semi Annual DBA Type
Semi Annual DBA Submitted Date
Single Audit Report
Expend 75000 or more?
Upload Single Audit Copy?
Single Audit Report Submitted Date
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354
City Council
Staff Report
Subject:
2024 Consolidated Annual Performance and Evaluation Report (CAPER)
Date:
September
9, 2025
Submitted By:
Gabrielle de Farcy, Management Analyst
Elizabeth Sorg, Assistant to the City Manager
Andrew Keys, Assistant City Manager
Department:
City Manager's Office
Recommendation:
Conduct a Public Hearing and Consider the Following Action: Adopt a Resolution of the City Council of the City of Rocklin Authorizing Staff to Submit the 2024 Consolidated Annual Performance and Evaluation Report (CAPER) and Authorizing the City Manager to Execute and File All Documents Required for Submittal to the U.S. Department of Housing and Urban Development (HUD).
Background:
As a recipient of U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funds, the City of Rocklin must complete a Consolidated Annual Performance and Evaluation Report (CAPER) on an annual basis. The CAPER identifies programs and activities that the City undertook during the Program Year (PY) to meet the priority needs identified in the five-year Consolidated Plan.
On July 25, 2025, a draft of the PY 2024 CAPER was made available for public review. Notice of the Public Review Draft CAPER’s availability, comment period and the scheduled public hearing before the City Council was published in the Placer Herald. In addition, the notice was emailed to various service providers through dissemination by the Placer Collaborative Network (PCN) and The Placer Consortium on Homelessness (PCOH) and posted in the City’s posting box outside of City Hall. The report was made available through links in email notices, at City Hall,
at the Rocklin Public Library,
and on the City’s website. Comments on the
draft report were due by the end of the business day, Friday, August 14, 2025. As of the publishing of this report, no comments have been received.
CDBG Standard Entitlement PY 2024 Summary
Total PY 2024 Award: $285,275.00
PY 2023 Carryover: $5,925.35
Item Number PH1.
355
Activity Name
Amount Budgeted
Amount Expended
Persons Assisted
Accessibility and
Safety Projects
$191,354.10
$190,103.00
1,295
Seniors First Senior
Nutrition Program
$14,263.75
$14,263.75
97 Stand Up Placer
Mental Health Program
$14,263.75
$12,827.87
388
St Vincent de Paul
Food Bags Delivery
Program
$14,263.75
$14,263.51
61 Planning and
Administration
$57,055.00
$57,055.00
N/A
Total:
$291,200.35
$288,513.13
1,841
There are three programs identified in the 2024 Annual Action Plan that were unable to spend the total awarded allocation. Due to HUD’s 15% Public Services spending cap in any PY, unspent funds will be reallocated to Public Facilities for the Accessibility and Safety Project identified in the 2025 Annual Action Plan. The unspent funds include:
PY 2024 Accessibility and Safety Projects - $1,251.10 in unspent funds PY 2024 St Vincent de Paul BAGS Nutrition Program - $0.24 in unspent funds PY 2024 Stand Up Placer Victim Services Program - $1,435.88 in unspent funds
The combined total of unspent funds that will be carried over to Accessibility and Safety Projects in PY 2025 is $2,687.22.
CARES Act - CDBG-CV-1 and CDBG-CV-3
Although not technically a part of the PY 2024 Annual Action Plan, the City is required to provide a brief update regarding CARES Act funding and spending in the CAPER. The City’s initial allocation of CDBG-CV-1 ($164,189) funds was the primary focus of the first substantial amendment to the 2020 Annual Action Plan approved by the City Council on September 22, 2020.
In addition to CDBG-CV-1 funds, on September 11, 2020, the City of Rocklin received $299,113 in a third round of CDBG-CV-3 funding from the CARES Act. The City Council approved the second substantial amendment to the 2020 Annual Action Plan on August 10, 2021. All grant funds were not allocated during that amendment.
The City did not receive any CDBG-CV-2 funds.
In an effort to create another opportunity to accept new or revised proposals to spend the remaining CDBG-CV-1 and CDBG-CV-3 funds available, the third substantial amendment to the 2020 Annual Action Plan was approved by the City Council on October 11, 2022. A summarized list of CDBG-CV activities and status are below.
CDBG-CV-1
KidsFirst - $45,000 for a Rental/Utility Assistance Program (Completed) Salvation Army - $39,000 for a Rental Assistance Program (Completed) 356
Stand Up Placer - $15,000 for a Counseling Program (Open) The Gathering Inn - $45,189 for a Counseling Program (Completed) The Gathering Inn - $20,000 for a Medical Clinic (Completed)
CDBG-CV-3
Salvation Army - $20,000 for a Rental Assistance Program (Open) St. Vincent de Paul - $44,125 for Senior and Disabled Food Bags/Basic Essentials Program (Open)
St. Vincent de Paul - $92,713.02 for a Rental/Utility Assistance & Essentials Program (Open)
The Gathering Inn - $142,274.98 for Direct Services for Rocklin Homeless due to COVID (Completed)
HUD’s original deadline to spend 80% of the CV funds by September 1, 2023 was revised to require that 100% of the funds be spent by September 1, 2026 and final spending and accomplishments data reported to HUD by November 9, 2026.
At the time of this report’s preparation, $436,168.19 (94%) of CDBG-CV-1 and CDBG-CV-3 funds have been spent. The City’s focus will be to continue to work with subrecipients to maximize use of remaining funds within the mandated timeframe.
Fiscal Impact:
There is no impact to the general fund. The CDBG allocation is budgeted annually in the CDBG Housing and Urban Development Entitlement Fund (Fund 257).
ATTACHMENTS:
1. Resolution
2. Resolution Exhibit A - CAPER
357
Resolution No. 2025- September 9, 2025 Page 1 of 2
1 RESOLUTION NO. 2025-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
AUTHORIZING STAFF TO SUBMIT THE 2024 CONSOLIDATED
ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER)
AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND
FILE ALL DOCUMENTS REQUIRED FOR SUBMITTAL TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD)
WHEREAS, the City of Rocklin has applied for and received Community Development Block Grant (CDBG) funds as an entitlement jurisdiction for the Government of the United States under Title I of the Housing and Community Development Act of 1974; and
WHEREAS, the Department of Housing and Urban Development (HUD) is the federal agency that oversees the administration of the CDBG program, and
WHEREAS, HUD requires entitlement jurisdictions to complete an annual evaluation of their grant programs through a report known as the Consolidated Annual Performance and Evaluation Report (CAPER);
WHEREAS, the CAPER, a nd a notice of the public comment period, have been published for citizen comment from July 25, 2025 to August 14, 2025 prior to forwarding the documents to City Council;
WHEREAS, a public hearing was held on September 9, 2025.
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 authorizes staff to submit the City of Rocklin’s CAPER to the 2024 Action Plan in the form attached hereto as Exhibit A and by this reference incorporated herein, certifying that the City of Rocklin has and will continue to conduct its activities in accordance with applicable statutes and regulations governing the CDBG program.
Section 2. The City Council of the City of Rocklin hereby also authorizes the City Manager, or her designee, to execute and file the CAPER and all documents that are required to receive CDBG funding for and on behalf of the City of Rocklin, and to make changes to those documents where necessary , including minor corrections, to reflect public comment, and/or respond to modifications requested by HUD.
358
Resolution No. 2025- Page 2 of 2
1 September 9, 2025
PASSED AND ADOPTED this 9th day of September, 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
____________________________________
Jill Gayaldo, Mayor
ATTEST:
____________________________
Avinta Singh, City Clerk
359
Exhibit A
2024 CAPER Document
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361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
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379
380
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382
383
384
City Council
Staff Report
Subject:
Proposition 50 (Congressional Redistricting)
Date:
September
9, 2025
Submitted By:
David Bass, Vice Mayor
Department:
City Council
Recommendation:
Discuss Proposition 50 (Congressional Redistricting), which is set to appear on the November 4, 2025 Statewide Special Election Ballot, and Provide Direction to Staff.
Background:
Vice Mayor Bass has requested that a discussion item be placed on the City Council Meeting agenda for the purpose of discussing Proposition 50 (Congressional Redistricting), which is set to appear on the November 4, 2025 Statewide Special Election Ballot.
Item Number D1.
385