a negligent or wrongful act or omission occurring in the performance of this Agreement, to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above- stated purpose, each party indemnifies and holds harmless the other party solely by virtue of said Section 895.2.
The provision of Section 2778 of the California Civil Code is made a part hereto as if fully set forth herein. Subrecipient certifies that it has adequate self-insured retention of funds to meet any obligation arising from this Agreement.
A. Notwithstanding the provisions of §1.4(A) above, pursuant to Government Code Sections 895.4 and 895.6, the Parties shall each assume the full liability imposed upon it, or any of its officers, agents or employees, by law for injury caused by any negligent or wrongful act or omission occurring in the performance of this Agreement.
B. Each party indemnifies and holds harmless the other party for any loss, costs, or expenses that may be imposed upon such other party by virtue of Government Code section 895.2, which imposes joint civil liability upon public entities solely by reason of such entities being parties to an agreement, as defined by Government Code section 895.
C. In the event of third-party loss caused by negligence, wrongful act or omission by both Parties, each party shall bear financial responsibility in proportion to its percentage of fault as may be mutually agreed or judicially determined. The provisions of Civil Code Section 2778 regarding interpretation of indemnity agreements are hereby incorporated. §3.9 Subcontractor Assurances
Subrecipient shall contractually obligate all its contractors, subcontractors and vendors funded by Subaward funds as may be required to ensure that Subrecipient can comply with all the Requirements and other provisions of thisAgreement. §3.1 0 Remedies for Noncompliance
Subrecipient acknowledges and agrees that, in the event Subrecipient fails to comply with the terms and conditions of this Agreement or with any Requirements referenced in Section 2.1 above, the Federal awarding agency, Ca1OES or the City shall have the right to take one or more of the actions set forth in 2 CFR §200.338.
Such actions may include, without limitation, the withholding of cash payments, suspension and/or termination of the Subaward, and the disallowing of certain costs incurred under the Subaward.
Any costs incurred by Subrecipient during a suspension or after termination of the Subaward shall not be considered allowable under the Subaward unless allowed 18
under 2 CFR §200.342.
Subrecipient shall be liable to the Federal awarding agency, CalOES and the City for any Subaward funds the Federal awarding agency or CalOES determines that Subrecipient used in violation of any Requirements reference in Section 2.1 above, and Subrecipient shall indemnify and hold harmless the City for any sums the Federal awarding agency or CalOES determines Subrecipient used in violation of such Requirements.
Subrecipient shall be granted the opportunity to object to and challenge the taking of any remedial action by the Federal awarding agency, CalOES or the City in accordance with the provisions set forth in 2 CFR §200.341. §3.11 Termination
Subrecipient acknowledges and agrees that the Subaward, and any obligation to disburse to or reimburse Subrecipient in connection thereto, may be terminated in whole or in part by the Federal awarding agency, CalOES or the City as set forth in 2 CFR §200.339. Subrecipient shall have the right to terminate the Subaward only as set forth in 2 CFR §200.339.
In the event the Subaward is terminated, all obligations and requirements of this Agreement and the Grant shall survive and continue in full force and effect in connection with any portion ofthe Subaward remaining prior to such termination, including, without limitation, the closeout and post closeout requirements set forth in this Agreement. §3.12 Amendments
Any change in the terms of this Agreement, including the performance period of the Subaward and any increase or decrease in the amount of the Subaward, which are agreed to by the City and Subrecipient shall be incorporated into this Agreement by a written amendment properly executed and signed by the person authorized to bind the Parties thereto.
§3.13 Complete Agreement
This Agreement sets forth all the rights and duties of the Parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only as provided for herein and neither verbal agreement nor conversation with any officer or employee of either party shall affect or modify any of the terms and conditions of this Agreement.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the City and Subrecipient have caused this Subaward Agreement to be executed by their duly authorized representatives.
CITY OF SACRAMENTO
A Municipal Corporation
By:
Print name: Kathy Lester
Title: Chief of Police
For: City Manager
ATTEST:
01641---z
City Clerk
APPROVED AS TO FORM:
• x.. Ada'
Beau Parkh,st ).025 09:50:09 PST;
City Attorney
Attachments
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
DHS Standard Terms and Conditions
CalOES Standard Assurances
Subrecipient Workbook
Grants Management Assessment Questionnaire
Additional Federal Terms
Grantee Noncompliance Procedures
SUBRECIPIENT:
City of Roseville
Subrecipient Name
W49TKZLUYCJ3
SAM Unique Entity Identification Nurnber
Signature of Authorized Person
Dominick Casey City Manager
Print Name and Title
Additional Signature (i f required)
Print Name and Title
21
Exhibit A
FY 2024 DHS STANDARD TERMS AND CONDITIONS
The Fiscal Year (FY) 2024 Department of Homeland Security (DHS) Standard Terms and Conditions applyto all new federal awards of federal financial assistance (federal awards) for which the federal award date occurs in FY 2024 and flow down to subrecipients unless a term or condition specifically indicates otherwise. For federal awards that may involve continuation awards made in subsequent FYs, these FY 2024 DHS Standard Terms and Conditions will apply to the continuation award unless otherwise specified in the terms and conditions of the continuation award. The United States has the right to seek judicial enforcement of these terms and conditions.
All legislation and digital resources are referenced with no digital links. These FY 2024 DHS Standard Terms and Conditions are maintained on the DHS website at https://www.dhs.qov/publication/fy15-dhs- standard-terms-and-conditions.
A. Assurances. Administrative Reauirements. Cost Princioles. Representations. anct Certifications
I. Recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances — Non- Construction Programs, or OMB Standard Form 424D Assurances — Construction Programs, as applicable.
Certain assurances in these documents may not be applicable to your program and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as instructed by the federal awarding agency.
B. General Acknowledaements and Assurances Reci ients are re uired to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in effect as of the federal award date and located at 2 C.F.R. Part 200 and adopted bv DHS at 2 C.F.R. § 3002.10.
All recipients and subrecipients must acknowledge and agree to provide DHS access to records, accounts, documents, information, facilities, and staff pursuant to 2 C.F.R. § 200.337.
I. Recipients must cooperate with any DHS compliance reviews or compliance investigations.
II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities and personnel.
III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports.
IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements required by law, federal regulation, Notice of Funding Opportunity, federal award specific terms and conditions, and/or federal awarding agency program guidance.
V. Recipients must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receiving the Notice of Award for the first award under which this term applies. Recipients of multiple federal awards from DHS should only submit one completed tool for their organization, not per federal award. After the initial submission, recipients are required to complete the tool once every two (2) years if they have an active federal award, not every time a federal award is made.
Recipients must submit the completed tool, including supporting materials, to [email protected]. This tool clarifies the civil rights obligations and related reporting requirements contained in these DHS Standard Terms and DHS Standard Terms & Conditions: FY 2024 Version 3 April 4, 2024
FY 2024 DHS STANDARD TERMS AND CONDITIONS
Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhscivil-rights-evaluation-tool. DHS Civil Rights Evaluation Tool I Homeland Security
The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension to the 30-day deadline if the recipient identifies steps and a timeline for completing the tool. Recipients must request extensions by emailing the request to [email protected] prior to expiration of the 30-day deadline.
C. Standard Terms & Conditions
I. Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal award funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal award funds.
II. Activities Conducted Abroad
Recipients must coordinate with appropriate government authorities when performing project activities outside the United States obtain all appropriate licenses, permits, or approvals.
III. Aae Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94-135 (codified as amended at 42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance.
IV. Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101- 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities.
V. Best Practices for Collection and Use of Personallv Identifiable Information Recipients who collect personally identifiable information (PII) as part of carrying out the scope of work under a federal award are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. 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. Recipients may also find the DHS Privacy Impact Assessments:
Privacy Guidance and Privacy Template as useful resources respectively.
VI. Civil Riahts Act of 1964 — Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964, Pub. L. No. 88-352 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21. Recipients of an award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA's implementing regulations at 44 C.F.R. Part 7.
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VII. Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No. 90-284 (codified as amended at 42 U.S.C. § 3601 et seq.) which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection. therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex, as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. 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. Part 100, Subpart D.) VIII. Copvriaht
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.
IX. Debarment and Suspension
Recipients must comply with the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689 set forth at 2 C.F.R.
Part 180 as implemented by DHS at 2 C.F.R. Part 3000. These regulations prohibit recipients from entering into covered transactions (such as subawards and contracts) with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities.
X. Drua-Free Workplace Reaulations
Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Governmentwide implementation (2 C.F.R. Part 182) of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106).
Xl. Duplicative Costs
Recipients 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.
XII. Education Amendments of 1972 (Eaual Opportunity in Education Act) — Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. No. 92-318 (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17. Recipients of an award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA's implementing regulations at 44 C.F.R. Part 19.
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XIII. 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 po icies consistent with E.O. 14074 to support safe and effective policing.
XIV. Energy Policv and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. No. 94-163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
XV. False Claims Act and Program Fraud Civil Remedies
Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§ 3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.)
XVI. Federal Debt Status
All recipients are required to be non-delinquent in their 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.)
XVII. Federal Leadership on Reducing Text Messaging while Drivinq Recipients are encouraged to adopt and enforce policies that ban text messaging while driving recipient-owned, recipient-rented, or privately owned vehicles when on official government business or when performing any work for or on behalf of the Federal Government. Recipients are also encouraged to conduct the initiatives of the type described in Section 3(a) of E.O. 13513.
XVIII. Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (a list of certified air carriers can be found at: Certificated Air Carriers List I 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.
XIX. Hotel and Motel Fire Safetv Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space funded entirely or in part by federal award funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a.
XX. John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. The statute — as it applies to DHS recipients, subrecipients, and their contractors and subcontractors — prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons.
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XXI. Limited English Proficiency (Civil Rights Act of 1964. Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which 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.
For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance-published-helpdepartment-supported-organizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov.
XXII. Lobbvina Prohibitions
Recipients must comply with 31 U.S.C. § 1352 and 6 C.F.R. Part 9, which provide that none of the funds provided under a federal award may be expended by the recipient to pay any person to influence, or attempt 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 any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Per 6 C.F.R.
Part 9, recipients must file a lobbying certification form as described in Appendix A to 6 C.F.R. Part 9 or available on Grants.gov as the Grants.gov Lobbying Form and file a lobbying disclosure form as described in Appendix B to 6 C.F.R. Part 9 or available on Grants.gov as the Disclosure of Lobbying Activities (SF-LLL).
XXIII. National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of 1969, Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq.) (NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans.
XXIV. Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries.
Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith- based organizations in individual DHS programs.
XXV. Non-Supplanting Reauirement
Recipients of federal awards under programs that prohibit supplanting by law must ensure that federal funds supplement but do not supplant non-federal funds that, in the absence of such federal funds, would otherwise have been made available for the same purpose.
XXVI. Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, scope of work, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this federal award are incorporated by reference. All recipients must comply with any such requirements set forth in the NOFO. If a condition of the NOFO is inconsistent with these terms and conditions and any such terms of the Award, the condition in the NOFO shall be invalid to the extent of the inconsistency. The remainder of that condition and all other conditions set forth in the NOFO shall remain in effect.
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XXVII. 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.
XXVIII.Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962) and 2 C.F.R. § 200.323. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition.
XXIX. Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112 (codified as amended at 29 U.S.C. § 794), which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.
XXX. Reporting of Matters Related to Recipient Integrity and Performance If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of the federal award, then the recipient must comply with the requirements set forth in the 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 by reference.
XXXI. Reportina Subawards and Executive Compensation
For federal awards that equal or exceed $30,000, recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation set forth at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated by reference.
XXXII. Reauired Use of American Iron. Steel. Manufactured Products. and Construction Materials Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless:
(1) 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;
(2) 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
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(3) 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. As such, 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.
Waivers
When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. The agency should notify the recipient for information on the process for requesting a waiver from these requirements.
(a) When the Federal agency has determined that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that:
(1) applying the domestic content procurement preference would be inconsistent with the public interest;
(2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or
(3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent.
A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office.
There may be instances where an award qualifies, in whole or in part, for an existing waiver described at "Buy America" Preference in FEMA Financial Assistance Programs for Infrastructure FEMA.gov.
Definitions
The definitions applicable to this term are set forth at 2 C.F.R. § 184.3, the full text of which is incorporated by reference.
XXXIII. SAFECOM
Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. The SAFECOM Guidance is updated annually and can be found at Fundinq and Sustainment I CISA.
DHS Standard Terms & Conditions: FY 2024 Version 3 April 4, 2024
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XXXIV.Terrorist Financinq
Recipients must comply with E.O. 13224 and applicable statutory prohibitions on transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible for ensuring compliance with the E.O. and laws.
XXXV.Trafficking Victims Protection Act of 2000 (TVPA)
Recipients must comply with the requirements of the government-wide financial assistance award term which implements Trafficking Victims Protection Act of 2000, Pub. L. No. 106- 386, § 106 (codified as amended at 22 U.S.C. § 7104). The award term is located at 2 C.F.R. § 175.15, the full text of which is incorporated by reference.
XXXVI.Universal Identifier and System of Award Management Recipients are required 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, the full text of which is incorporated reference.
XXXVII. USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.
XXXVIII. Use of DHS Seal. Loao and Flaas
Recipients 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.
XXXIX. Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections at 10 U.S.C § 470141 U.S.C. § 4712.
DHS Standard Terms & Conditions: FY 2024 Version 3 April 4, 2024
Exhibit B
Cal OES
OOVERNOR'S OFFICE
OF EMERGENCY SERVICES
FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
As the duly authorized representative of the Applicant, l hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.
The requirements outlined in these assurances apply to Applicant and any of its subrecipients.
l further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a)Applicable Federal Regulations (see below);
(b)Federal Program Notice of Funding Opportunity (NOFO); (c)Federal Preparedness Grants Manual;
(d)California Supplement to the NOFO; and
(e)Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.) and adopted by the Department of Homeland Security (DHS) at 2 C.F.R. Part 3002.10. Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.
In the event Cal OES determines that changes are necessary to the subaward after a subaward has been made, including changes to period of performance or terms and conditions, Applicants will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Applicant acceptance of the changes to the subaward.
State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
(a)To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b)Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c)Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
(d)The Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e)The official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
Cal OES
GOVERNOR'S OFFICE
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FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
(b)If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
(c)The Applicant shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy without the express written approval from the California Governor's Office of Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its subrecipients:
(a)Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b)Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
(c)Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (4)(b) of this certification; and (d)Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.
Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to nondiscrimination, 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);
Cal OES
GOVERNOR'S OFFICE
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FY 2024 Standard Assurances For Cal OES Federal
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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;
(I) 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
Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.),the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) The California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000-21177), to include coordination with the city or county planning agency;
(b)CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387);
(c)The Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d)The Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
(e)Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and 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 1 1988;
(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 1 1 990 which requires preservation ofwetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
Cal OES
GOVERNOR'S OFFICE
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FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.);
(I) 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-anddesist 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. •-""
Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds, and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R. Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R.
Part 25, Appendix A.
13. Whistleblower Protections
The Applicant must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.
14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the Applicant or its subrecipients from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a)The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b)The Federal Fair Labor Standards Act (29 U.S.C. § 201 et seq.) as they apply to employees of institutes of higher learning (IHE), hospitals and other nonprofit 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.
Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a)Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase;
(b)Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires federal award subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
(c)Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.); and
(d)Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a)Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b)Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c)Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. ~
Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
19.Use of Cellular Device While Driving is Prohibited
The Applicant is required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.
20.California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity's grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code §7920.000 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.
21.Acknowledgment of Federal Funding from DHS
The Applicant must acknowledge its use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
22.Activities Conducted Abroad
The Applicant must coordinate with appropriate government authorities when performing project activities outside the United States and obtain all appropriate licenses, permits, or approvals.
23.Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. If the Applicant collects PII, the Applicant is required to have a publicly-available privacy policy that describes standards on the usage and maintenance of the PII they collect. The Applicant may refer to the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as a useful resource.
Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
24.Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any work first produced under federal awards and also include an acknowledgement that the work was produced under a federal award (including the federal award number and federal awarding agency). As detailed in 2 C.F.R. § 200.315, a federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes and to authorize others to do so.
25.Duplicative Costs
Applicants are prohibited from charging any cost to this federal award that will be included as a cost or used to meet cost sharing or matching requirements of any other federal award in either the current or a prior budget period. (See 2 C.F.R. § 200.403(f)).
However, recipients may shift costs that are allowable under two or more federal awards where otherwise permitted by federal statutes, regulations, or the federal financial assistance award terms and conditions.
26.Energy Policy and Conservation Act
The Applicant must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
27.Federal Debt Status
The Applicant is required to be non-delinquent in its repayment of any federal debt.
Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.
28.Fly America Act of 1974
The Applicant must comply with Preference for United States Flag Air Carriers:
(a list of certified air carriers can be found at: Certificated Air Carriers List I US Department of Transportation, https://www.transportation.qov/policy/aviationpolicy/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.
Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
29.Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the Applicant must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.
30.Non-supplanting Requirement
If the Applicant receives federal financial assistance awards made under programs that prohibit supplanting by law, the Applicant must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.
31.Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable regulations governing inventions and patents, including the regulations issued by the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Awards, Contracts, and Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. § 401.14.
32.SAFECOM
If the Applicant receives federal financial assistance awards made under programs that provide emergency communication equipment and its related activities, the Applicant must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.
33.Terrorist Financing
The Applicant must comply with Executive Order 13224 and United States law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. The Applicant is legally responsible for ensuring compliance with the Order and laws.
34.Reporting of Matters Related to Recipient Integrity and Performance 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
Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.
35.USA Patriot Act of 2001
The Applicant must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.
36.Use of DHS Seal, Logo, and Flags
The Applicant must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials.
37.Performance Goals (HSGP and NSGP)
In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, the Applicant must demonstrate how the grant-funded project addresses the core capability gap associated with each project. The capability gap reduction must be addressed in the Project Description of the BSIR for each project.
38.Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon the Applicant and flow down to any of its subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.
39.Required Use of American iron, Steel, Manufactured Products, and Construction Materials
The Applicant must comply with the "Build America, Buy America" Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order 14005. Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:
Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
(a)All iron and steel used in the project are produced in the United States — this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (b)All manufactured products used in the project are produced in the United States - this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (c)All construction materials are manufactured in the United States - this means that all manufacturing processes for the construction material occurred in the United States.
The "Buy America" preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.
Per section 70914(c) of BABAA, FEMA may waive the application of a Buy America preference under an infrastructure program in certain cases.
40. E.O. 14074 - Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety
Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local, or territorial law enforcement agencies are also encouraged to adopt and enforce policies consistent with E.O. 14074 to support safe and effective policing.
Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc.
Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in these assurances. These assurances are binding on Applicant, its successors, transferees, assignees, etc. as well as any of its subrecipients.
Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Applicant may be ineligible for award of any future grants if Cal OES determines that the Applicant: (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award documents for all subawards at all tiers. Applicants are bound by the DHS Standard Terms and Conditions 2024, Version 2, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fy15-dhs- standard-terms-and-conditions.
The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.
CITY OF ROSEVILLE
Applicant:
Signature of Authorized Agent:
Dominick Casey
Printed Name of Authorized Agent:
Title: City Manager Date: 11/14/2025
Cal OES
OOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Program Standard Assurances Addendum
As the duly authorized representative of the Applicant/Subrecipient, l 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: CITY OF ROSEVILLE
Signature of Authorized Agent:
Printed Name of Authorized Agent: Dominick CaSey
Title: City Manager Date: 11/14/2025
EQUIPMENT
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Homeland Security Gront Program - Urban Area Security Initiative FY 2024 Subrecipient Workbook
for
City of Roseville
Initial Application
10/1/2025
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AUTHORIZED AGENT
NOTE: Unauthorized alterations will delay the approval of this request.
ALN: I HSGP 97.067
City of Roseville
Supporting Information for Application, Modification, or Request for Federal Funds This request is for a/on: Initial Application October 1, 2025 through March 31, 2027 (Beginring Performance Perica Date) (Ending Performance Period DoteJ N/A $86,500
(Recuest 41 (Amount This Request)
Under Penalty of Perjury, l certify that:
l 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, l 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 '779_z7zn nori qxm-'3R1'M
Dominick Casey City Manager
Printed Name of Authorized Agent Tifie of Authorized Agent 11/14/2025
Sigr ature cf Authorized Agent Dcte
Exhibit D
City of Sacramento
GRANT MANAGEMENT ASSESSMENT QUESTIONNAIRE
ENTITY INFORMATION
Entity Name City of Roseville Sam.gov UEI # W49TKZLUYCJ3 Entity Type Government Other:
CFDA / FAL # & Title 97.067 FY2024 Homeland Security Grant Program Grant Program Homeland Security Grant Program
City Grant ID # G11016924 City Contract # TBD
Project Title / Descr Peregrine Software - 12 month subscription Performance Period 10/01/2025 through 03/31/2027
Subaward Total $86,500
As required by 2 CFR §200.331, the City of Sacramento is required to evaluate a subrecipient'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 subrecipient'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? Yes
2. Fiscal Year of Most Recent Single Audit Report Fiscal Year Ending: 6/30/2024
3. Name of Audit Agency/Firm LSL CPA's
4. What was the auditor's opinion? Unmodified
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? Yes
8. If "Yes," please select the type of audit:
a. Financial Statement Audit
b. Defense Contract Agency Audit (DCAA)
c. Other: No
9. Name of Audit Agency/Firm: LSL CPA's
City of Sacramento I Grant Management Ouestionnaire (Rev. 4/2.022) Page I of 3 2 $0
Yes
No
ACCOUNTING
10, What type of accounting system does the entity use? Combo. Auto & Manual Does the accounting system have the capability to identify the receipt and expenditure of 11. 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? Does the accounting system have the capability to record cost sharing ("match") separately
13. for each grant award, and maintain documentation to support recorded match or cost share? 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
Does the entity have written property policies, procedures, and/or guidance that comply with 15. 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?
Does the entity's written procurement policies, procedures, and/or guidance prevent 17, entering into procurement contracts with entities and individuals suspended or debarred Yes from procurement contracts under federal awards?
18. What kind of travel policy does the entity use? Entity's Policy
19. Does the entity have written subrecipient policies, procedures and/or guidance that comply with 2 CFR §200.331? Yes
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 No 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 Yes
• Grant Program Title/Description
• Award/Contract Number
• Award Year
• Award Total
b. Other Government Yes
City of Sacrament() , pant tJcrrrn,gernent Ouestionnc .e (Rev. 4 2022) Niue 2 of 3 Yes
Yes
Yes
14. Yes
Yes
Yes
c. Non-Profit/Philanthropic Organizations YeS
d. None of the Above No
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. l am duly authorized and to make this certification on behalf of the entity.
Signature Dennis Kauffman Digitally signed by Dennis Kauffman Date Date 2025.09.11 09:54:24 -07'00' Title Assistant City Manager/Chief Financial Officer
4 Yes
City q/ Sact• it Glum 1 estimiou l'uge 3 qf 3
EXHIBIT E
ADDITIONAL FEDERAL TERMS
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.
Exhibit E -Page 1 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 Exhibit E -Page 2 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.
Exhibit E -Page 3 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.
Exhibit E -Page 4 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)(I) 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 subcontractor 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)(I) 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 Exhibit E -Page 5 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 telecommunications 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:
Exhibit E -Page 6 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 any 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)(I) 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 describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to Exhibit E -Page 7 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, excerpts, 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 Exhibit E -Page 8 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 Exhibit E -Page 9 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)(I)-(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:
Exhibit E -Page 10 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.
Exhibit E -Page 11 of 11
EXHIBIT F
GRANTEE NONCOMPLIANCE PROCEDURES
This Exhibit F is incorporated into and made part of the Grant Agreement between the CITY and the GRANTEE. The terms and conditions set forth herein establish the standards, procedures, and consequences that govern GRANTEE noncompliance with the Grant Agreement and applicable CITY policies.
1. Purpose. This Exhibit defines the CITY's rights and the GRANTEE's obligations in the event of noncompliance with the Grant Agreement. The purpose is to ensure accountability, safeguard public funds, and preserve the integrity of CITY-funded programs.
2. Definition of Noncompliance. GRANTEE noncompliance shall include, but is not limited to, the following:
A. Reporting or Documentation Noncompliance: Late or missing reports, poor documentation practices, or minor invoicing errors.
B. Financial Mismanagement: Misuse or abuse of funds, weak internal controls, unauthorized spending, unsupported costs, budget deviations without approval, or bankruptcy.
C. Performance Failures: Failure to meet grant terms, deliverables, timelines, or performance outcomes, failure to address participant eligibility, or program quality issues.
D. Repeated or Unresolved Audit Findings: Pattern of adverse findings, failure to implement corrective actions, or disregard for prior audit or monitoring recommendations.
E. Legal or Regulatory Violations: Violations of grant-related laws or requirements (e.g., OMB Uniform Guidance, civil rights, environmental laws, drug-free workplace rules, etc.).
F. Fraud and Criminal Conduct: Submitting false information, willful misrepresentation, forgery, bribery, falsification of records, procurement fraud, embezzlement, or criminal convictions related to public funds.
G. Ethics Violations or Conflicts of Interest: Kickbacks, having an interest that conflicts with the interests of the City or that may impair the grantee's ability to perform obligations under the grant agreement, or violations of public trust.
H. Suspension, Debarment, or Bankruptcy: Active debarment/suspension by any government entity, or bankruptcy affecting the ability to perform grant obligations.
3. Classification of Noncompliance Severity. The CITY shall classify noncompliance into four (4) severity levels:
A. Level 1— Minor: Isolated administrative errors with limited impact, including:
(1) Reporting or Documentation Noncompliance.
1
B. Level 2— Moderate: Repeated issues or risks to performance or compliance, including:
(1) Reporting or Documentation Noncompliance;
(2) Financial Mismanagement;
(3) Performance Failures;
(4) Repeated or Unresolved Audit Findings; or
(5) Legal or Regulatory Violation.
C. Level 3— Major: Serious misconduct or operational breakdowns, including:
(1) Financial Mismanagement;
(2) Performance Failures;
(3) Repeated or Unresolved Audit Findings;
(4) Legal or Regulatory Violations;
(5) Ethics Violations or Conflicts of Interest; or
(6) Suspension, Debarment, or Bankruptcy.
D. Level 4 —Severe: Fraud, criminal conduct, or violations of public trust, including:
(1) Legal or Regulatory Violations;
(2) Fraud and Criminal Conduct;
(3) Ethics Violations or Conflicts of Interest; or
(4) Suspension, Debarment, or Bankruptcy.
4. Letter of Noncompliance. Upon identifying noncompliance, the CITY may issue a Letter of Noncompliance, which shall include:
A. A description of the violation(s);
B. The specific corrective actions required;
C. A deadline for submission of a written Corrective Action Response Plan (not to exceed thirty (30) calendar days); and,
D. A notice that failure to respond may result in suspension or termination of funding.
For Level 3 and 4 violations, the CITY may, in its sole discretion, initiate immediate suspension without offering an opportunity to cure.
5. Corrective Action Process.
A. Upon receipt of a Letter of Noncompliance, the GRANTEE shall respond in writing with a Corrective Action Response Plan within thirty (30) calendar days that includes:
(1) Specific actions taken or proposed to achieve compliance; (2) A timeline for implementation; and,
(3) A designated point of contact for follow-up.
B. The CITY shall review the GRANTEE's response within fifteen (15) business days and, in its sole discretion, may:
2
(1) Approve the plan;
(2) Request revisions; or
(3) Reject the plan and impose additional sanctions.
C. The CITY shall not disburse any new payments to GRANTEE until it approves the Corrective Action Response Plan.
6. Sanctions and Suspension. If the GRANTEE fails to cure the violation, or if the violation is sufficiently serious, the CITY may impose any of the following sanctions, proportionate to the severity level:
A. Level 1— Minor: Enhanced oversight or monitoring, CITY-provided technical assistance.
B. Level 2— Moderate: Enhanced oversight or monitoring, CITY-provided technical assistance and repayment of any grant funds used for unauthorized expenditures.
C. Level 3— Major: GRANTEE-provided technical assistance, suspension of all active grant agreements with CITY, repayment of any grant funds used for unauthorized expenditures, audit by a third-party at Grantee's expense, two-year suspension from future CITY grant eligibility.
D. Level 4 —Severe: Immediate termination of grant agreement, repayment of all grant funds disbursed by CITY, audit by a third-party at Grantee's expense, and five-year suspension from future CITY grant eligibility.
7. Suspension Notice and Consequences.
A. The CITY shall issue a written Suspension Notice to the GRANTEE when, in the City's sole discretion:
(1) The GRANTEE has failed to respond to a Letter of Noncompliance within the required timeframe;
(2) The GRANTEE has submitted a Corrective Action Response Plan that is determined to be incomplete or insufficient, or Grantee fails to implement a Corrective Action Response Plan in a timely manner;
(3) The GRANTEE has engaged in conduct classified as a Level 3 (Major) or Level 4 (Severe) violation;
(4) The violation cannot be reasonably remedied through corrective action (e.g., repeated or willful misuse of funds, fraudulent reporting, or failure to deliver core services); or
(5) The GRANTEE's continued participation in City-funded programs would pose a significant risk to public funds or program integrity.
B. The Suspension Notice shall include:
(1) The nature and severity level of the violation.
3
(2) The duration of the suspension.
(3) Any conditions required for reinstatement.
(4) The GRANTEE's right to appeal within fifteen (15) business days.
C. During the suspension period, the GRANTEE:
(1) Shall not be eligible to apply for or receive CITY grant funds. (2) Shall have any pending or in-progress grant applications withdrawn. (3) Shall be listed as ineligible in the CITY's Grants Management System.
8. Appeals and Reinstatement
A. A GRANTEE may appeal a suspension or request for reinstatement after the suspension period or upon satisfying reinstatement conditions.
B. Appeals shall be in writing and directed to the City Manager, and must include:
(1) A written statement of appeal grounds;
(2) Supporting documentation; and
(3) Any evidence of corrective measures taken.
D. The CITY shall review appeals within thirty (30) calendar days. All determinations are final and not subject to further administrative review.
9. Incorporation by Reference. The GRANTEE acknowledges that compliance with this Exhibit is a material term of the Grant Agreement. Failure to comply may result in termination of the Grant Agreement and recovery of funds.
4
ORDINANCE NO. 7030
ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE
AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2025-26
BUDGET AND DECLARING THIS ORDINANCE TO BE IMMEDIATELY
EFFECTIVE AS AN APPROPRIATION MEASURE
THE CITY OF ROSEVILLE ORDAINS:
SECTION 1. The City of Roseville Annual Budget, Fiscal Year 2025-26, is hereby amended as listed on the attached budget adjustment for the FY2024 Urban Area Security Initiative Grant project.
SECTION 2. This ordinance is hereby declared to be an appropriation measure, immediately effective pursuant to the provisions of Section 5.03 of the Charter.
SECTION 3. The City Clerk is hereby authorized and directed to post a true copy of the foregoing ordinance in each of three (3) conspicuous locations in the City and she shall immediately after such posting enter in the ordinance book, under the record of the ordinance, a certificate under her hand stating the time and place of such publication by posting.
PASSED AND ADOPTED by the Council of the City of Roseville, this day of , 2026, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
REQUEST FOR BUDGET ADJUSTMENT
Updated 11/19/2025
Please complete the cells highlighted in yellow.
REQUESTER NAME & TITLE:
PREPARER NAME & TITLE:
DEPARTMENT/DIVISION:
EXPENDITURES/EXPENSES/TRANSFERS OUT
FISCAL YEAR:
ORDINANCE:
ACCOUNT STRING BUDGET ($)
Fund Account Center Project Adjustment
DESCRIPTION
2270 6587 84001 700083 86,500 Increase to Capital Outlay - Software subscription EXPENDITURES/EXPENSES/TRANSFERS OUT TOTAL 86,500
REVENUES/TRANSFERS IN
ACCOUNT STRING BUDGET ($)
Fund Account Center Project Adjustment
DESCRIPTION
2270 4401 84001 700083 86,500 FY2024 Urban Area Security Initiative - Subaward REVENUES/TRANSFERS IN TOTAL 86,500
NET ADJUSTMENT -
FUND BALANCE
ACCOUNT STRING BUDGET ($)
Fund Account Center Project Adjustment
DESCRIPTION
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
FUND BALANCE TOTAL -
Justification for Budget Adjustment:
The Police Department recommends that Council authorize the establishment of a new Capital Improvement Project - the FY2024 Homeland Security Grant Program - Urban Area Security Initiative (the "Project"), and adopt an ordinance to approve a budget adjustment appropriating $86,500 in expenses and corresponding revenue in the Grants Fund. This project will fund a 12-month subscription to a data integration software, allowing for greater information sharing with regional law enforcement agencies.
Mark Peinado / Management Analyst 2025-26
Mark Peinado / Management Analyst
Police Department
RESOLUTION NO. 26-015
APPROVING A CONTRACT PURCHASE AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND PEREGRINE TECHNOLOGIES, INC., AND AUTHORIZING THE
CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE WHEREAS, a Contract Purchase Agreement (3005163) for the purchase and deployment of the Peregrine platform software, by and between the City of Roseville and Peregrine Technologies, Inc., has been reviewed by the City Council; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said agreement is hereby approved and the City Manager is authorized to execute it on behalf of the City of Roseville.
PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of ______________, 2026, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
______________________________
MAYOR
ATTEST:
________________________
City Clerk
Contract Purchase Agreement 3005163
Supplier Details:
Company Peregrine Technologies Inc
Contact Andrew Riley
Address 71 Stevenson St Ste 700
San Francisco, CA 94105
Submit your response to:
Company City of Roseville
Contact Erica Kaminski
Address Purchasing Division
311 Vernon St
Roseville, CA 95678
Phone (916) 746-1108
Fax (916) 746-1115
E-mail [email protected]
This Contract Purchase Agreement is sent for your review and acceptance. Notify the Buyer via email of any needed changes to the company name, address, and contact information. The Buyer will update the agreement prior to you signing the document.
Return signed copies of the agreement to the Buyer noted on the agreement. Alterations or modifications to the agreement are not allowed. Upon receipt of all necessary documents, the City will sign the agreement and return a fully executed copy to you. Receipt of the signed copy will be your notice to proceed with the work in accordance with the terms and conditions of the agreement. Work must not begin until the contract has been fully executed.
The following guidelines must be followed for the signature block on the agreement:
Sole proprietorship - By owner
Partnership - Any general partner
Corporation - Two options:
(1) A signature from the President and the corporate seal; OR (2) One signature from the Chairman of the Board, President, or any Vice President AND one signature from the Secretary, any Assistant Secretary, Chief Financial Officer, or any Treasurer or Assistant Treasurer of the corporation
*General Manager, Office Manager and/or Sales Manager are not corporate officer titles. The agreement will be rejected if not signed in accordance with these guidelines.
Insurance requirements:
The City's insurance requirements are referenced on Attachment A of the agreement. By signing the agreement, you are confirming that your company has the minimum insurance limits required. 1 Docusign Envelope ID: 5DBC5648-81F4-4B63-876E-A963434E8245
Contract Purchase Agreement 3005163
Agreement 3005163
Agreement Date 18-DEC-2025
Revision 0
Agreement Amount 259,635.00 USD
Invoice To City of Roseville
Accounts Payable
311 Vernon St
ROSEVILLE CA 95678
Supplier Peregrine Technologies Inc
71 Stevenson St Ste 700
San Francisco, CA 94105
Phone:
Fax:
Email:
(916) 774-5488
(916) 784-3796
[email protected]
Phone:
Fax:
Email:
()
()
[email protected]
Description of
Labor,
equipment
and/or materials
VENDOR SHALL PROVIDE PEREGRINE SOFTWARE SERVICES INCLUDING
ANNUAL SERVICE, ONBOARDING, TRAINING, TECHNICAL SUPPORT, AND
PROFESSIONAL SERVICES IN ACCORDANCE WITH THE ATTACHED PEREGRINE TECHNOLOGIES, INC. "PEREGRINE CUSTOMER ORDER FORM AND SCOPE OF SERVICES" DATED 12/3/25.
PLEASE CONTACT MARK PEINADO IN THE POLICE DEPARTMENT AT (916) 774- 5021 OR [email protected] FOR ANY QUESTIONS REGARDING THIS AGREEMENT.
Customer # Supplier # Payment Terms Freight Terms FOB Shipping Method 16740 Net 30 Freight on Board at the destination Destination Best Method Start Date End Date Confirm To
01-Feb-2026 31-Jan-2029 Erica Kaminski Phone 1-916-746-1108 Attention: Total Cost not to exceed the agreement amount without prior approval of the Purchasing office. 2 Docusign Envelope ID: 5DBC5648-81F4-4B63-876E-A963434E8245
Contract Purchase Agreement 3005163
Contract Terms and Conditions
1. To the fullest extent allowed by law, Consultant shall defend, indemnify, and save and hold harmless City, its officers, agents, employees and volunteers from any claims, suits or actions of every name, kind and description brought forth, or on account of, injuries to or death of any person (including but not limited to workers and the public), or damage to property, resulting from or arising out of Consultant's willful misconduct or negligent act or omission while engaged in the performance of obligations or exercise of rights created by this Agreement, except those matters arising from City's gross negligence or willful misconduct. The parties intend that this provision shall be broadly construed. Consultant's responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnity obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement. To the maximum extent permitted by law, neither party shall be liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation of loss of revenue, profits, goodwill, or data, arising out of or related to this Agreement, regardless of the form of action, whether in contract, tort, or otherwise, even if advised of the possibility of such damages.
Except for liability arising from a party's gross negligence or willful misconduct, or a party's indemnification obligations under this Agreement, each party's total liability arising out of or related to this Agreement shall not exceed the total fees paid or payable under this Agreement in the twelve (12) months immediately preceding the event giving rise to the claim.
2. Consultant is an independent contractor, and shall not be considered an officer, agent, or employee of the City.
3. Without the written consent of the City, this Agreement is not assignable by Consultant either in whole or in part.
4. Time is of the essence of this Agreement.
5. At any time during the term of this Agreement, the City has the right to terminate this Agreement, provided Consultant is given thirty (30) days written notice solely in the event of non-appropriation. City's termination shall be without further liability to City; however, Consultant shall be entitled to all costs reasonably incurred prior to the date of termination.
Consultant acknowledges that City may terminate this Agreement should funds not be appropriated by its governing body to continue services under this Agreement.
6. This Agreement may only be amended or modified in writing. It is integrated and contains the complete understanding of the parties.
7. All equipment, supplies and services sold to the City of Roseville shall conform to the general safety orders of the State of California.
8. Unless notified to the contrary, in writing, the City assumes that the Consultant has accepted the work in accordance with the plans and specifications (if any) and agrees to do the work in compliance with this Agreement. Any work product created for City pursuant to this Agreement is deemed owned by City.
This provision does not apply to the Peregrine platform, software, configurations, integrations, documentation, or other materials provided as part of the Peregrine service, which remain the property of Consultant.
9. All prevailing wages and fair employment practices must be adhered to. For prevailing wage contracts over $25,000, copies of certified payroll must be submitted with invoices. Prevailing 3 Docusign Envelope ID: 5DBC5648-81F4-4B63-876E-A963434E8245
Contract Purchase Agreement 3005163
wage rates may be obtained from the State Department of Industrial Relations and/or the following website address:
http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm . In compliance with Labor Code Section 1773.2, as may be amended from time to time, Contractor shall cause a copy of this website to be posted at each jobsite, as applicable.
10. Consultant agrees to the below insurance requirements:
a. Unless otherwise specified, the Consultant shall maintain the policies of insurance outlined in Attachment A, incorporated herein by this reference, in full force and effect during the term of this Agreement. The City of Roseville retains sole discretion in determining the types and proper levels of insurance coverage. b. Form. Consultant shall submit a certificate evidencing such coverage for the period covered by this Agreement in a form satisfactory to Risk Management and the City Attorney, prior to undertaking any work hereunder. Any insurance written on a claims made basis is subject to the approval of Risk Management and the City Attorney. c. Additional Insureds. Consultant shall also provide a separate endorsement or section of the policy showing City, its officers, agents, employees, and volunteers as additional insureds for each type of coverage, except for Workers' Compensation and Professional Liability. Such insurance shall specifically cover the contractual liability of Consultant.
The additional insured coverage under the Consultant's policy shall be primary and noncontributory, as evidenced by a separate endorsement or section of the policy and shall not seek contribution from City's insurance or self-insurance. In addition, the additional insured coverage shall be at least as broad as the Insurance Services Office (ISO) CG 20 01 Endorsement. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the additional insureds. Furthermore, the requirements for coverage and limits shall be:
(1) the minimum coverage and limits specified in this Agreement; or (2) the full coverage and maximum limits of any insurance proceeds available to the named insureds, whichever is greater.
d. Cancellation/Modification. Consultant shall provide thirty (30) days written notice to City prior to cancellation or modification of any insurance required by this Agreement. e. Umbrella/Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and excess insurance. Any excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City (if agreed to in a written contract) before City's own insurance shall be called upon to protect it as a named insured.
f. Subconsultants. Consultant agrees to include in its contracts with all subconsultants the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, to the extent they apply to the scope of the subconsultants work.
Furthermore, Consultant shall require its subconsultants to agree to be bound to Consultant and City in the same manner and to the same extent as Consultant is bound to City under this Agreement. Additionally, Consultant shall obligate its subconsultants to comply with these same provisions with respect to any tertiary subconsultant, regardless of tier. A copy of City's indemnity and insurance provisions will be furnished to the subconsultant or tertiary subconsultant upon request.
g. Self-Insured Retentions. All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or City. City reserves the right to obtain a full certified copy 4 Docusign Envelope ID: 5DBC5648-81F4-4B63-876E-A963434E8245
Contract Purchase Agreement 3005163
of any insurance policy and endorsements. The failure to exercise this right shall not constitute a waiver of such right.
h. Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer of Consultant may acquire from Consultant by virtue of the payment of any loss under a Workers Compensation, Commercial General Liability or Automobile Liability policy.
All Workers Compensation, Commercial General Liability and Automobile Liability policies shall be endorsed with a waiver of subrogation in favor of City, its officers, agents, employees, and volunteers for all worked performed by Consultant, its employees, agents, and sub consultants.
i. Liability/Remedies. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve Consultant of liability in excess of such coverage, nor shall it preclude City from taking such other actions as are available to it under any other provisions of this Agreement or law.
11. Consultant shall comply with all federal, state, local laws, ordinances, and policies as may be applicable to the performance of services under this Agreement. Failure to comply with local ordinances may result in monetary fines and cancellation of this Agreement.
12. In the event that the terms of any attachment or exhibit conflict with any terms of this Agreement, the terms of this Agreement shall control.
13. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ". pdf" format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or ".pdf" signature page were an original thereof.
14. If either party commences any legal action against the other party arising out of this Agreement or the performance thereof, the prevailing party in such action shall be entitled to recover its reasonable litigation expenses, including but not limited to, court costs, expert witness fees, discovery expenses, and attorneys' fees. Any action arising out of this Agreement shall be brought in the state courts located in Placer County, California, or the United States District Court for the Eastern District of California regardless of where else venue may lie, and the parties hereby consent to the personal jurisdiction and venue of such courts. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
15. This Agreement shall be binding upon the heirs, successors, executors, administrators and assigns of the respective parties hereto.
16. If any of the provisions contained in this Agreement are for any reason held invalid or unenforceable, such holding shall not affect the remaining provisions or the validity and enforceability of the Agreement as a whole.
17. For purposes of this Agreement, the terms "Contractor," "Consultant," and "Supplier" are used interchangeably.
18. Consultant agrees that any and all information furnished by City shall be deemed proprietary and confidential. All such information, to the extent previously, presently, or subsequently disclosed to Consultant and/or processed and derived by Consultant services is the property of City and such property shall be deemed and treated as "Confidential Information" of City.
Consultant acknowledges that such Confidential Information may contain information provided and/or generated by third-parties. Consultant agrees that such Confidential Information shall not be disclosed to any third party without written permission from City, except as required by law. Consultant shall not use the Confidential Information except to 5 Docusign Envelope ID: 5DBC5648-81F4-4B63-876E-A963434E8245
Contract Purchase Agreement 3005163
perform Consultant's services as directed by City.
19. All facilities, devices, networks, and services used to store, deliver, process, backup or purge Confidential Information will employ administrative, physical, technical, and procedural safeguards and best practices at a level sufficient to secure Confidential Information from unauthorized access, destruction, use, modification, or disclosure. Such measures will be no less protective than those used to secure Consultant's own information of a similar type, and in no event less than reasonable in view of the type and nature of the information involved. It is the City's expectation that Consultant, at its own expense, shall perform annual audits for any data centers that house Confidential Information, using an independent third-party audit that meets industry standards applicable to the services under this Agreement, and provide the audit report or certification upon request to City.
20. Consultant will retain Confidential Information until deleted by City or City-authorized third party, or for a time period mutually agreed upon by the parties to this Agreement.
21. Upon termination or expiration of this Agreement, Consultant will ensure that all Confidential Information is securely transferred to City within thirty (30) calendar days. Consultant will ensure that any transfer of Confidential Information is accomplished by methods that are compatible with the relevant City systems, and that City will have access to all Confidential Information during any such transfer. Consultant shall securely dispose of all Confidential Information when requested by City and Consultant will provide written notification to City once all Confidential Information has been securely disposed of.
22. Consultant shall report to City any data compromise or unauthorized access to Confidential Information within twenty-four (24) hours after Consultant discovers such data compromise or unauthorized access. Consultant will take commercially reasonable measures to address any such data compromise or unauthorized access in a timely manner. Except as otherwise required by law, Consultant will not provide notice to end users or other entities of any such data compromise or unauthorized access without written permission from City. Consultant will promptly reimburse City in full for all fees and costs incurred by City in any investigation, remediation or litigation resulting from any such data compromise or unauthorized access, subject to the limitations set forth in this Agreement.
23. Consultant may not advertise that City is a client, list City as a reference or otherwise use City's name, logos, trademarks, or service marks without prior written permission from City.
24. Consultant acknowledges that services rendered under this agreement (including but not limited to service levels and operational levels) shall be performed in accordance with industry standards.
25. If the project referenced on this agreement is a Public Works project, then the following shall apply: No contractor or subcontractor may work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. During the performance of this agreement, Contractor and its subcontractors shall have a continuing legal obligation to maintain current registration with the Department of Industrial Relations.
Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
26. If the project referenced on this agreement is a Public Works project, then the following shall apply: Contractor must submit all claims as defined in and in accordance with the claim resolution process set forth in Section 9204 of the Public Contract Code. Each such claim must be sent to the City by registered mail or certified mail with return receipt requested and must contain reasonable documentation to support the claim. All claims must be received prior to acceptance of the work.
27. Contractor/consultant's duties and services under this agreement shall not include preparing or assisting the public entity with any portion of the public entity's preparation of a request for 6 Docusign Envelope ID: 5DBC5648-81F4-4B63-876E-A963434E8245
Contract Purchase Agreement 3005163
proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the public entity. The public entity entering this agreement shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor/consultant's participation in the planning, discussions, or drawing of project plans or specifications, if any, shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor/consultant shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement.
28. Consultant certifies that Consultant, its employees, directors, officers, agents, subcontractors, vendors, and volunteers are not presently debarred, excluded, suspended, declared ineligible, voluntarily excluded, or proposed for debarment, exclusion, suspension, or ineligibility by any federal, state, or local department or agency.
29. The Levine Act (Govt. Code, Section 84308) requires a Party (and its agent(s), if any) to a Proceeding before the City of Roseville that involves any action or consideration related to their contract, license, permit, or other entitlement for use, to disclose any campaign contributions made to City elected or appointed officers totaling more than $250 within the twelve (12) months prior to the City decision and while a proceeding is pending, and includes certain prohibitions on contribution activity thereafter. If applicable campaign contributions have been made by Contractor and/or its agent(s), Contractor is responsible for compliance, including for its disclosure obligations, if any, as further described at: https://www.roseville. ca.us/government/departments/city_clerk/transparency/levine_act.
30. This Agreement may be amended via change order, but only if such change order is made in writing, approved by the City, and signed by both parties.
31. CONSULTANT agrees to defend and indemnify CITY if, despite the parties intent and practice, any venue, agency, or court with competent jurisdiction determines that CONSULTANT and/or any of its agents, officers, employees, volunteers, independent contractors, or subcontractors, are characterized as employee(s) of CITY.
CONSULTANT and CITY agree that: (a) CONSULTANT is free from the control and direction of CITY in connection with the performance of the work; (b) CONSULTANT is providing services directly to CITY; (c) CONSULTANT has and will maintain at all relevant times a business license; (d) CONSULTANT maintains a business location that is separate from CITY; (e) CONSULTANT is customarily engaged in an independently established business of the same nature as that involved in the work performed hereunder; (f) CONSULTANT actually contracts with other businesses to provide the same or similar services and maintains a clientele without restrictions from CITY; (g) CONSULTANT advertises and holds itself out to the public as available to provide the same or similar services; (h) CONSULTANT provides its own tools, vehicles, and equipment to perform the services; (i) CONSULTANT has negotiated its own rates; (j) CONSULTANT set its own hours and location of work in accomplishing CITY's on-call needs; and (k) CONSULTANT has the right to control the manner and means of accomplishing the result desired and exercises its own expert independent judgement.
The supplier named hereon by the acceptance of this order agrees to the provisions of this document titled "Contract Purchase Agreement" and all accompanying terms, conditions, and attachments.
Roseville Business License No. ____________________________________ Contractor License No. ____________________________________________ DIR Registration No. _______________________________________________ 7 Docusign Envelope ID: 5DBC5648-81F4-4B63-876E-A963434E8245 N/A
N/A
Contract Purchase Agreement 3005163
Check mark the applicable company type below:
____X_______ Corporation
___________ Limited Liability Company
___________ Partnership
___________ Sole Proprietor
City reserves the right to withhold any payments to Consultant in the event of noncompliance with insurance requirements or if required by law.
Information Technology T&C (Negotiated for Peregrine Technologies, Inc.) REV 12/18/25 TC
8 Docusign Envelope ID: 5DBC5648-81F4-4B63-876E-A963434E8245
Contract Purchase Agreement 3005163
ATTACHMENT A
HUMAN RESOURCES/RISK MANAGEMENT DIVISION
INSURANCE REQUIREMENTS
AGREEMENT OVER FORMAL BID LIMIT OR INVOLVING HIGH RISK ACTIVITIES General - Required Coverage/Documentation
● General Liability: $1 Million per occurrence /$2 Million aggregate ● Automobile Liability: $1 Million combined single limit ● Workers' Compensation: Statutory *Must provide a Waiver of subrogation ● Additional Insured Endorsement (AIE) - General Liability policy: CG 20 38 04 13 or an equivalent, blanket endorsement or section of the policy. Endorsement shall cover the City of Roseville, its officers, agents, employees and volunteers as additional insured. ● Policies must be primary and non-contributory
● A 30 day notice of cancellation must be provided
● List certificate holder as: The City of Roseville - Insurance Compliance, PO Box 100085-R1, Duluth, GA 30096
Additional Liability/Insurance Requirements if required by Agreement (and marked below):
Construction:____
General Liability:
$2 Million/occurrence
$4 Million aggregate
Design Professional:____
General Liability:
$2 Million/occurrence
$4 Million aggregate
Professional Liability:
$2 Million/occurrence
Professional Consultant:____
Professional Liability:
$1 Million/occurrence
IT Services:_X___
Professional Liability:
$1 Million/occurrence
No auto required
Cyber Liability:
$1 Million/occurrence
Hazardous Materials:____
Pollution Liability:
$1 Million/occurrence
Special Events/Caterers-Vendors:____
No auto required
No workers' comp required
Professional Counseling/ Psychological:____
Professional Liability:
$1 Million/occurrence
No auto required
9 Docusign Envelope ID: 5DBC5648-81F4-4B63-876E-A963434E8245
Contract Purchase Agreement 3005163
Pyrotechnics:____
General Liability:
$5 Million/occurrence
$10 Million aggregate
Auto - $2 Million/occurrence
Chemical/Environmental:____
General Liability:
$3 Million/occurrence
$6 Million aggregate
Pollution – $2 Million/Occurrence
Auto - $2 Million/Occurrence
Insurance Submission Process
The City of Roseville Human Resources/Risk Management Department uses a service called EBIX to manage our insurance certificate tracking.
How It Works
● The vendor's contact information is entered into EBIX. EBIX will contact the vendor to request proof of insurance.
● The Vendor can forward the request to their Insurance Agent(s) if necessary. ● Vendor/Insurance Agent submits insurance to EBIX by email to [email protected] or by fax to (770) 325-5727. After faxing or emailing the certificate, please DO NOT send the certificate by mail to EBIX. Please do not mail, email or fax any certificates to the City of Roseville. ● Once submitted, EBIX reviews the insurance documentation. If there are deficiencies, EBIX will send a follow up letter or email requesting additional information.
Questions Regarding Insurance Submission: Contact EBIX at (951) 652-4239 Questions Regarding Insurance Requirements Contact Risk Management at (916) 774-5202 10 Docusign Envelope ID: 5DBC5648-81F4-4B63-876E-A963434E8245
Contract Purchase Agreement 3005163
Supplier
Signature:______________________________________________ Print Name:_____________________________________________ Title:__________________________________________________ Date: __________________________________________________ Supplier
Signature:______________________________________________ Print Name:_____________________________________________ Title:__________________________________________________ Date: __________________________________________________ City of Roseville, A Municipal Corporation
Signature:______________________________________________ Print Name: Dominick Casey
Title: City Manager
Date:__________________________________________________ 11 Docusign Envelope ID: 5DBC5648-81F4-4B63-876E-A963434E8245 Secretary
Chief Executive Officer
Nick Noone
12/19/2025
12/19/2025
Nick Noone
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Docusign Envelope ID: 5DBC5648-81F4-4B63-876E-A963434E8245
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: Roseville Police Department Contact: Chief Troy Bergstrom Address: 1051 Junction Blvd Roseville, CA 95678 Phone: 916-774-5000 Email: [email protected] Fax: N/A
Peregrine Services
Effective Date: February 1, 2026
Initial Term: From the Effective Date through January 31, 2029 (“Initial Term”).
Service Fee: The following fee schedule is available to the Customer if Order Form is signed on or before January 30, 2026. Unless otherwise terminated as set forth in the Terms and Conditions, Customer shall pay Peregrine a service fee annually for the Term as follows:
a. $84,000 within 30 days of the Effective Date
b. $86,520 within 30 days of February 1, 2027
c. $89,115 within 30 days of February 1, 2028
Users: Customer may allow an unlimited number of employees of the Roseville 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 Service, 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: The initial Customer Data sources and systems that Peregrine will integrate with the Service for Customer are: Tyler Technologies CAD and Tyler Technologies 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.
Optional Services: Customer has the option to add data integrations with the following sources for the corresponding additional annualized fee:
Docusign Envelope ID: 5DBC5648-81F4-4B63-876E-A963434E8245
December 3, 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 Form, Peregrine and Customer each agree to the terms and conditions set forth in this Agreement. In the event 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), each 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.
Peregrine Customer
By: By:
Name: Nicholas Noone Name:
Title: President & CEO Title:
Date Signed: Date Signed:
Attest:
Name:
• Axon Evidence.com BWC
o February 1, 2026 – January 31, 2027: $9,000
o February 1, 2027 – January 31, 2028: $9,270
o February 1, 2028 – January 31, 2029: $9,540
Fees for Optional Services shall escalate annually by 3% (as shown above), consistent with the remainder of the contract. Escalation for Optional Services shall begin on February 1, 2027, regardless of when such services are added.
Docusign Envelope ID: 5DBC5648-81F4-4B63-876E-A963434E8245
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3 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 the Roseville 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 qualified 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 considered “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 assists 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 third 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.
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 Service 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 Customer’s Docusign Envelope ID: 5DBC5648-81F4-4B63-876E-A963434E8245
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4 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 access 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 facilities 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 Applicable 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 their 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 maintain 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 employment, 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 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 Docusign Envelope ID: 5DBC5648-81F4-4B63-876E-A963434E8245
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5 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 intellectual 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 access 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 provide a list of Open Source Components for a particular version of any distributed portion of the Service, such as the ClientSide 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 to 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, distribute, 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 material 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 unauthorized access to the Service or its related systems or networks; (g) copy, modify, or create 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 violates any applicable law; (j) Docusign Envelope ID: 5DBC5648-81F4-4B63-876E-A963434E8245
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6 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 to 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 any 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 email 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 screen 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 viewing 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 or 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 Form, 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 provides 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 visual 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 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.
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7 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 terminate 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 document 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 plans, 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 Information of the other party in the same manner that it protects the confidentiality 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 Docusign Envelope ID: 5DBC5648-81F4-4B63-876E-A963434E8245
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8 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 Acts. 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 use) 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 acknowledged 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, IMPLIED, 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 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 discretion (x) obtain a license to enable Customer Docusign Envelope ID: 5DBC5648-81F4-4B63-876E-A963434E8245
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9 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 brought 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, including 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 ANY 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. 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 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 THE TOTAL AMOUNTS PAID TO PEREGRINE UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
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 prohibited, Peregrine shall delete all Customer Data 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.
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10 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.
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 Customer 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, or 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 nonperforming 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 additional 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 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 express 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 Docusign Envelope ID: 5DBC5648-81F4-4B63-876E-A963434E8245
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11 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 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 nothing 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 used 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 effective 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 order 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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12 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. Peregrine 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 verification 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 expense, 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 contemplated 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 materials, 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.
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13 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 claims-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 requirements 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 shall 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, Customershall 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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14 Appendix B: Provisions for California Public Entities Compliance with Applicable California Laws. Peregrine shall, to the extent required 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 Peregrine 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 employee 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 payment 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 financial 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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City Council
Communication
Meeting Date: 1/21/2026
Item #: VII.18
File #: 0400-04-12
Item ID: 2025-980
Title: Baseline Road & Watt Avenue - Notice of Completion Contact: Andrew Druck 916-774-5577 [email protected]
SUMMARY
Staff recommends approval of the Notice of Completion for the Baseline Road & Watt Avenue Project as complete. The Engineering Division has made final inspection of the project and has found the roadway infrastructure work complete in accordance with the improvement plans and City specifications. This action has no impact to the City's General Fund. Construction costs were paid by the developer.
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution accepting the public work known as the Baseline Road & Watt Avenue Project, CWJ#190429, as complete and authorizing the City Engineer to execute the Notice of Completion.
BACKGROUND
The Engineering Division has made a final inspection of the above project and has found the roadway infrastructure work complete in accordance with the improvement plans and City specifications.
FISCAL IMPACT
The actions requested as part of this action have no impact to the City's General Fund. Construction costs were paid by the developer.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. The Notice of Completion meets the above criteria and is not subject to CEQA. No additional environmental review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
4. Invest in well-planned infrastructure and growth
Respectfully Submitted,
Andrew Druck, Senior Construction Inspector
Mike Isom, Development Services Director
ATTACHMENTS:
1. Resolution 26-004
2. Notice of Completion
3. Vicinity Map
4. Final Map- Sierra Vista KV Sierra Vista, LLC
5. Final Map - SV KT Prop Ph 2 LLM Recorded
6. Signed Warranty Bond - EN20-0362
REVIEWERS:
Andrew Druck, Development Services Department - Engineering Division Created/Initiated - 12/16/2025 Marc Stout, Development Services Department - Engineering Division Approved - 12/18/2025 Mike Isom, Development Services Department Approved - 12/22/2025 Kelly Aye, City Attorney Department Approved - 12/23/2025 Katrina Six, City Clerk Department Approved - 12/23/2025 Ryan DeVore, City Manager Department - Assistant City Manager Approved - 1/5/2026 Dennis Kauffman, City Manager Department - Assistant City Manager Approved - 1/6/2026 Michelle Sheidenberger, City Attorney Department Approved - 1/6/2026 Dominick Casey, City Manager Department - City Manager Approved - 1/6/2026 Katrina Six, City Clerk Department Final Approval - 1/6/2026
RESOLUTION NO. 26-004
RESOLUTION OF THE COUNCIL OF THE CITY OF ROSEVILLE ACCEPTING THE PUBLIC
WORK KNOWN AS BASELINE ROAD & WATT AVENUE PROJECT, APPROVING THE "NOTICE OF COMPLETION", AND AUTHORIZING AND DIRECTING THE CITY ENGINEER
TO EXECUTE SAID NOTICE ON BEHALF OF THE CITY OF ROSEVILLE, THEREFORE, AND
ACCEPTING A PORTION OF THE DEDICATIONS OFFERED ON THE RECORDED MAP OF THE SUBDIVISION.
BE IT RESOLVED by the Council of the City of Roseville as follows:
1. The "Notice of Completion" on file in the City Clerk's Department relative to that public work known as the Baseline Road & Watt Avenue Project is hereby approved and the public work accepted.
2. A portion of the right-of-way and easements offered for dedication on the final map of Sierra Vista KV Sierra Vista, LLC recorded in Book EE of Maps, Page 71 & final map Sierra Vista – KT Properties recorded in Book FF of Maps, Page 18 in the office of the recorder of Placer County, is hereby accepted by the City in part as said dedications relates to the improvement plan set known as Baseline Road & Watt Avenue Project.
3. The City Engineer is hereby authorized and directed to execute said Notice on behalf of the City of Roseville.
PASSED AND ADOPTED by the Council of the City of Roseville, this day of , 20 , by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
CITY CLERK
RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:
CITY CLERK
CITY OF ROSEVILLE
311 VERNON STREET
ROSEVILLE, CA 95678
Exempt from recording fees
Pursuant to Gov’t Code §27383
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the public work of improvement known as the Project was completed and
accepted by the City of Roseville on . The location is
situated in the City of Roseville, County of Placer, State of California and is indicated on the attached map, marked as Exhibit “A” and incorporated herein by this reference. The real property herein described is owned by the City of Roseville, 311 Vernon Street, Roseville CA 95678.
The direct/general contractor on said project was .
The surety on said project was
.
___________________________________
City of Roseville
Owner
ATTEST:
________________________________ _
Carmen Avalos, City Clerk
State of California )
County of Placer )
I, , being first duly sworn, depose and say: I am the
of the City of Roseville, a municipal corporation 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 Roseville. I have read the Notice of Completion and know its contents and the facts stated therein are true.
___________________________________
City of Roseville
State of California )
County of Placer )
Subscribed and sworn to (or affirmed) before
me on this _____ day of ,
20___,
proved to me on the basis of satisfactory
evidence to be the person(s) who appeared
before me.
____________________________________
Place Notary Seal and/or Stamp Above Signature of Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
City Council
Communication
Meeting Date: 1/21/2026
Item #: VII.19
File #: 0503-02
Item ID: 2025-932
Title: Fair Political Practices Commission Model Conflict of Interest Code Update Contact: Helen Dreyer [email protected]
SUMMARY
Staff recommends that the City Council adopt a resolution amending the Fair Political Practices Commission Model Conflict of Interest Code and Repealing Resolution No. 24-018.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution amending the Fair Political Practices Commission Model Conflict of Interest Code and Repealing Resolution No. 24-018.
BACKGROUND
The Fair Political Practices Commission (FPPC) requires local government agencies to adopt and implement a conflict of interest code that establishes categories of public officials and employees who must disclose their personal financial interests. Filing the Statement of Economic Interest (Form 700) enables the organization to identify potential conflicts, so that government officials and employees can refrain from making or participating in government decisions that have a reasonably foreseeable material financial effect on their personal interests. The California Government Code requires each local agency to review its code at least every even-numbered year to accurately reflect required filers of Form 700 as designated by the City Attorney. Council adopted the last update in January 2024.
FISCAL IMPACT
There is no fiscal impact associated with this request.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378.
Updates to the City's Conflict of Interest Code meets the above criteria and is not subject to CEQA. No additional environmental review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
6. Deliver exceptional City services
Respectfully Submitted,
Helen Dreyer, Assistant City Clerk
Carmen Avalos, City Clerk
ATTACHMENTS:
1. Resolution 26-016
2. APPENDIX I
3. APPENDIX II
REVIEWERS:
Helen Dreyer, City Clerk Department Created/Initiated - 1/8/2026 Helen Dreyer, City Clerk Department Approved - 1/8/2026 Carmen Avalos, City Clerk Department Approved - 1/8/2026 Kelly Aye, City Attorney Department Approved - 1/9/2026 Katrina Six, City Clerk Department Approved - 1/9/2026
Ryan DeVore, City Manager Department - Assistant City Manager Approved - 1/9/2026 Dennis Kauffman, City Manager Department - Assistant City Manager Approved - 1/9/2026 Michelle Sheidenberger, City Attorney Department Approved - 1/9/2026 Dominick Casey, City Manager Department - City Manager Approved - 1/12/2026 Katrina Six, City Clerk Department Final Approval - 1/13/2026
RESOLUTION NO. 26-016
AMENDING THE FAIR POLITICAL PRACTICES COMMISSION MODEL CONFLICT OF INTEREST CODE AND REPEALING RESOLUTION NO. 24-018
WHEREAS, the Political Reform Act of 1974, as amended (“the Act”) (California Government Code §81000 et seq.) requires in Government Code §87300 that each agency subject to the Act, including the City of Roseville, adopt a local Conflict of Interest Code ("the Code"); and WHEREAS, the Act provides in §87302 that each such local Conflict of Interest Code shall designate positions within each agency subject to the Code and further designate the types of reportable interests which must be disclosed by such designated employees; and WHEREAS, the Fair Political Practices Commission in administering the Act has adopted a regulation (California Code of Regulations Title 2, §18730) which permits agencies subject to the Act to adopt by reference a standard Conflict of Interest Code developed by the Fair Political Practices Commission.
Therefore, the terms of California Code of Regulations Title 2, §18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference; and WHEREAS, any designated board or commission member or designated employee who fails to timely file a required statement of economic interest is subject to a fine in accordance with the provisions of the Political Reform Act of 1974, together with any other penal or remedial measure authorized by that Act; and WHEREAS, when the board or commission member’s failure to file persists for more than thirty (30) days after the final filing date, the City Clerk will forthwith notify the member that he or she is disqualified from any participation in the meetings or other activities of the board or commission, until the member both files the required statement of economic interests and pays any fines associated with the failure to file. If the member’s failure to file and/or pay the associated fine persists for more than sixty (60) days after the final filing date, the member shall be removed from the board or commission by Council action; and WHEREAS, by Resolution No. 24-018, the City of Roseville has previously adopted said standard code; and WHEREAS, the City Council now desires to amend said standard code to change the list of designated classifications and categories of disclosure required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Roseville that:
1. Pursuant to the provisions of California Government Code §87300 et seq., and the California Code of Regulations Title 2, §18730, the Council hereby readopts the terms of a standard Conflict of Interest Code of the Fair Political Practices Commission, as such Code currently exists or may hereafter be amended, as the local Conflict of Interest Code of the City of Roseville.
2. Said Code shall apply and be applicable to those persons in the classified or unclassified service of the City of Roseville as listed in Appendix “I”, attached hereto. Each designated board or commission member or designated employee in each designated classification shall be assigned to a disclosure category also set forth in Appendix “I”.
3. Each designated board or commission member or designated employee in each designated 1
classification, as listed in Appendix “I”, shall report as required by the Code, all reportable interests for his or her particular disclosure category as shown in Appendix “II”, attached hereto and as required by the Code.
BE IT FURTHER RESOLVED, that each designated employee in the Code shall be required to comply with AB 1234 ethics training requirements and failure to comply may result in disciplinary action; and BE IT FURTHER RESOLVED, that all board and commission members shall be required to comply with AB 1234 regarding ethics training requirements and failure to comply shall result in removal from the board or commission; and
BE IT FURTHER RESOLVED, that all board and commission members shall be required to comply with AB 1661 regarding sexual harassment prevention training requirements and failure to comply shall result in removal from the board or commission; and
BE IT FURTHER RESOLVED, that all appropriate employees, elected or appointed officials, and agents shall be required to comply with SB 827 regarding fiscal and financial training requirements and failure to comply shall result in disciplinary action; and
BE IT FURTHER RESOLVED, that the City Clerk is directed to act as Filing Officer for all designated filers, and shall be responsible for the administration of the Conflict of Interest Code; and BE IT FURTHER RESOLVED, that Resolution No. 24-018 (adopted January 17, 2024) is hereby repealed.
PASSED AND ADOPTED by the Council of the City of Roseville this 21st day of January 2026, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
____________________________
City Clerk
APPENDIX I
CLASSIFICATION DESIGNATED CATEGORY
Accounting Manager 2
Administrative Analyst 3
Alternative Transportation Manager 2
AMI Project Manager 3
Assistant Building Official 2
Assistant City Attorney 1
Assistant City Clerk 1
Assistant City Manager 1
Assistant Development Services Director 1
Assistant Electric Analyst 3
Assistant Electric Utility Director 1
Assistant Engineer 3
Assistant Environmental Utilities Director 1
Assistant Finance Director 1
Assistant Fire Chief 1
Assistant Human Resources Director 1
Assistant Information Technology Director 1
Assistant Planner 3
Assistant Public Works Director 1
Assistant Transportation Planner 3
Associate Electric Analyst 3
Associate Engineer 3
Associate Planner 3
Associate Transportation Planner 3
Billing Services Manager 2
Boards and Commissions 1
Design Committee
Economic Development Advisory Committee
Grants Advisory Commission
Public Utilities Commission
Transportation Commission
Budget Analyst 3
Budget Manager 2
Building Inspector 3
Building Official 2
Building Plans Examiner 3
Building Plans Examiner Supervisor 3
Business Systems Analyst 3
Business Systems Supervisor 3
Buyer 3
Chief Information Officer 1
City Clerk 1
City Engineer 2
Code Enforcement Inspector 3
Code Enforcement Supervisor 3
Community Relations Analyst 3
Construction Inspection Superintendent 3
Construction Inspection Supervisor 3
Construction Inspector
3 Crime Analyst 3
Crime Analyst Supervisor 3
Cultural Arts Supervisor 3
Customer Care Manager 2
Database Analyst 3
Database Supervisor 3
Data Management System Administrator 3
Department Public Information Officer 3
Deputy City Attorney 1
Deputy City Manager 1
Development Analyst 3
Development Services Business Analyst 3
Development Services Business Systems Administrator 3
Development Services Director 1
Development Services Manager 2
Digital Content Analyst 3
Economic Development Analyst 3
Economic Development Director 1
Economic Development Manager 3
Economic Development Project Manager 3
Electric Compliance Analyst 3
Electric Economic Development and Partnership Manager 3 Electric Operations Manager 2
Electric Operations Supervisor 3
Electric Resources Planner 3
Electric Risk and Compliance Supervisor 3
Electric Technology Systems Administrator 3
Electric Utility Chief Operating Officer 1
Electric Utility Director 1
Electric Utility Financial Administrator 3
EMS Quality Assurance Coordinator 3
Energy Services Account Representative 3
Engineering Manager 2
Environmental Coordinator 2
Environmental Utilities Business Analyst 3
Environmental Utilities Business Services Manager 3
Environmental Utilities Compliance Administrator 3
Environmental Utilities Director 1
Environmental Utilities Operations Superintendent 3
Environmental Utilities Policy and Compliance Manager 3 Environmental Utilities Rate Analyst 3
Environmental Utilities Superintendent 3
ERP Business Analyst 3
ERP Manager 3
Finance Manager 3
Fire & Environmental Safety Inspector 3
Fire & Environmental Inspection Supervisor 2
Fire Battalion Chief 2
Fire Chief 1
Fire Division Chief 2
Fire Plans Examiner
3 Fleet Services Supervisor 3
GIS Analyst 3
Government Relations Administrator 2
Government Relations Representative 3
Housing Analyst 3
Housing Manager 3
Housing Supervisor 3
Human Resources Analyst 3
Human Resources Director 1
Human Resources Manager 3
Industrial Waste Analyst 3
Information Security Administrator 3
Industrial Waste Supervisor 3
Information Technology Supervisor 3
IT Analyst 3
IT Client Services Supervisor 3
IT Programs Manager 2
Junior Engineer 3
Laboratory Analyst 3
Management Analyst 3
Marketing & Communications Analyst 3
Operational Technology and Security Administrator 3
Park Development Analyst 3
Park Development Project Manager 3
Parks & Open Space Superintendent 3
Parks and Open Space Supervisor 3
Parks Planning and Development Manager 3
Parks, Recreation & Libraries Director 1
Parks, Recreation & Libraries Manager 3
Parks, Recreation & Libraries Superintendent 3
Payroll Analyst 3
Permits Supervisor 3
Planning Manager 2
Police Captain 2
Police Chief 1
Police Lieutenant 2
Police Services Administrator 3
Police Social Services Practitioner 3
Police Social Services Supervisor 3
Power Engineer 3
Power Generation Superintendent 3
Power Plant Engineer 3
Power Plant Operations & Maintenance Supervisor 3
Power Supply & Portfolio Administrator 3
Principal Engineer 2
Principal Planner 2
Principal Power Engineer 2
Principal Power Plant Engineer 2
Process Engineer 3
Project Coordinator 3
Project Supervisor 2
Public Affairs and Communications Manager 2
Public Works Director 1
Public Works Manager 3
Purchasing Supervisor 2
Purchasing & Warehouse Manager 2
Refuse Superintendent 3
Refuse & Stormwater Manager 2
Risk Manager 3
Roseville Community Development Corp. CEO 1
Security Architect 2
Senior Building Inspector 3
Senior Building Plans Examiner 3
Senior Business Systems Analyst 3
Senior Buyer 3
Senior Construction Inspector 3
Senior Database Analyst 3
Senior Deputy City Attorney 1
Senior Development Services Business Analyst 3
Senior Electric Business Analyst 3
Senior Electric Technology Systems Analyst 3
Senior Energy Services Account Representative 3
Senior Engineer 2
Senior Environmental Utilities Business Analyst 3
Senior GIS Analyst 3
Senior Human Resources Analyst 3
Senior IT Analyst 3
Senior Laboratory Analyst 3
Senior Park Development Project Manager 2
Senior Planner 2
Senior Power Engineer 3
Senior Power Plant Engineer 3
Senior Utility Billing Analyst 3
Streets Maintenance Superintendent 3
Systems Architect 2
Utility Billing Analyst 3
Utility Billing and Field Services Supervisor 3
Utility Customer Service Supervisor 3
Utility Exploration Center Supervisor 3
Transit Operations Supervisor 3
Transportation Grants Analyst 3
Utility Government Relations Administrator 3
Wastewater Treatment Plant Chief Operator 3
Water Distribution Superintendent 3
Water Distribution Supervisor 3
Water Quality Lab Supervisor 3
Waste Services Field Enforcement Inspector 3
Water Treatment Plant Chief Operator 3
*Consultants to be determined on a case-by-case basis by the City Attorney **87200 Filers: City Council, Planning Commission, City Manager, City Attorney, Chief Financial Officer, Finance Director, Consultants (as determined by City Attorney)
APPENDIX II
The types of economic interests that must be reported for each category are listed in the following chart. Letter designations of reportable interests correspond to applicable reporting schedules for Form 700.
Schedule Category
1 Category
2 Category
3 A-1 Investments (less than 10% ownership) x x
A-2 Investments (greater than 10% ownership) x x
B Real Property x x x
C Income, Loans, and Business Positions x
D Income – Gift x x x
E Income – Travel Payments x x
Disclosure Categories
There are three (3) disclosure categories for designated employees listed in Appendix I. Classification within one of the three categories is based upon the category descriptions as follows:
Category 1
Employees with a high level of decision-making authority. This category includes department heads and those employees in secondary levels of management involved in the land use, development, or contracting processes. Also included are selected employees with substantial responsibility in the area of construction of public facilities such as buildings and roads or employees involved in a broad spectrum of activities.
Category 2
Employees involved in the land use, development, or contracting processes who are not listed in Category 1 but provide significant services in the form of analysis and advice to decision makers.
Category 3
Employees generally uninvolved in the land use, development, or contracting processes but who provide significant services in the form of analysis and advice to decision makers.
City Council
Communication
Meeting Date: 1/21/2026
Item #: VII.20
File #: 0800-02
Item ID: 2025-893
Title: Second Reading - Backflow Prevention Inspection and Cross-Connection Control - Municipal Code Amendment
Contact: Rachel Tooker 916-746-1712 [email protected]
SUMMARY
Staff recommends approval of a second reading of an ordinance amending Chapter 14.10 of the Roseville Municipal Code, which prescribes regulations governing Backflow Prevention and Cross-Connection Control.
RECOMMENDATION
Staff recommends approval of a second reading of an ordinance amending Chapter 14.10 of the Roseville Municipal Code, which prescribes regulations governing Backflow Prevention and Cross-Connection Control.
BACKGROUND
Not applicable.
FISCAL IMPACT
Not applicable.
ENVIRONMENTAL REVIEW
Not applicable.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
1. Ensure a safe and healthy community
2. Remain fiscally responsible in a changing world
4. Invest in well-planned infrastructure and growth
6. Deliver exceptional City services
Respectfully Submitted,
Rachel Tooker, Environmental Utilities Compliance Administrator Sean Bigley, Environmental Utilities Director
ATTACHMENTS:
1. Ordinance 7027
REVIEWERS:
Katrina Six, City Clerk Department Created/Initiated - 12/23/2025
Katrina Six, City Clerk Department Approved - 12/23/2025 Dennis Kauffman, City Manager Department - Assistant City Manager Approved - 1/4/2026 Michelle Sheidenberger, City Attorney Department Approved - 1/5/2026 Katrina Six, City Clerk Department Final Approval - 1/5/2026
1 ORDINANCE NO. 7027
ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE AMENDING CHAPTER
14.10 OF TITLE 14 OF THE ROSEVILLE MUNICIPAL CODE REGARDING BACKFLOW
PREVENTION INSPECTION AND CROSS-CONNECTION CONTROL
THE CITY OF ROSEVILLE ORDAINS:
SECTION 1. Chapter 14.10 of Title 14 of the Roseville Municipal Code is hereby amended to read as follows:
CHAPTER 14.10
BACKFLOW PREVENTION INSPECTION AND CROSS-CONNECTION CONTROL § 14.10.010. Purpose.
The city council finds and declares that the purpose of this chapter is as follows:
A. To protect the public potable water supply of City of Roseville from the possibility of contamination or pollution by isolating within the customer's internal distribution system(s) or the customer's private water system(s) such contaminants or pollutants that could backflow into the public water system; and,
B. To promote the elimination or control of existing cross connections, actual or potential, between the customer's in-plant potable water system(s) and nonpotable water systems, plumbing fixtures, and industrial piping systems.
C. To ensure that the city can enforce its Cross Connection Control Plan, as may be amended from time to time.
§ 14.10.020. Definitions.
The following words are defined for purposes of this chapter as follows:
"Backflow prevention assembly" means a mechanical assembly designed and constructed to prevent backflow, such that while in-line it can be maintained and its ability to prevent backflow, as designed, can be field tested, inspected and evaluated. "Backflow prevention assembly tester" means a person who is certified by the city to perform testing of backflow prevention assemblies owned by customers of the city and who has completed training and holds a current certification from the California-Nevada Section of the American Water Works Association. To maintain city certification, a backflow prevention assembly tester shall continually demonstrate competency in performing tests on backflow prevention devices to the director's or their designee's satisfaction.
2 "Backflow prevention inspection fund" means that special interest-bearing fund established pursuant to Section 14.10.040.
"Cross-connection" means any actual or potential connection or structural arrangement between the city's potable water system, including a piping system connected to the city's potable water system and located on the premises of a water user or available to the water user, and any source or distribution system containing liquid, gas, or other substances within a customer's premises and/or customer's water system which is not from an approved potable water supply. Bypass arrangements, jumper connections, removable sections, swivel and changeover devices, or other devices through which backflow or back-siphonage could occur, shall be considered to be crossconnections. “Cross-Connection Control Plan” means the plan to provide guidance on the City of Roseville’s expectations for cross-connection control and backflow prevention, as required by State law. The Cross-Connection Control Plan may be amended from time to time. “Customer” means any water user, property owner with water infrastructure, or utility account holder and can be used interchangeably with water user. "Department" means the department of environmental utilities. "Director" means the director of the department.
“Hazard Assessment” means an evaluation of a user premises designed to evaluate the types and degrees of hazard at a customer’s premises.
"Reinspection fee" means the fee required to be paid upon a finding by an inspector that a backflow prevention assembly is defective or not in compliance with the standards set forth in this chapter and requires retest after repair, replacement, or water shut-off. § 14.10.030. Backflow prevention assemblies required.
A. No water service connection to any premises shall be installed unless the water supply is protected as required by this chapter. Newly installed backflow prevention assemblies must receive passing field tests in accordance with the Cross-Connection Control Plan in order for the city to provide continuous water service.
B. In the case of premises having an auxiliary water supply that is not or may not be of safe bacteriological or chemical quality and that is not acceptable to the director or designee as an additional source, the property owner shall protect the public water system against backflow from the premises by installing an approved backflow prevention assembly in the service line.
C. Rights of Access.
1. The city or city’s authorized agents shall have right of access to the customer’s premises, at all reasonable hours for any purpose related to ensuring backflow prevention and cross-connection control including, but not limited to, hazard assessments, backflow incident response, backflow preventer inspections, and repairs.
3 2. Service may be refused or disconnected, and/or the customer may be required to install the highest form of backflow protection if a) permanent safe accessibility is not provided by the customer or b) the customer does not furnish information or access required for the City to complete a hazard assessment.
3. Upon termination of service, the city shall have the right of access to the meter box to discontinue water service.
D. The city may inspect the premises of new or existing customers to determine if, in the opinion of the director or designee, such premises may require a backflow prevention assembly. In the case of premises having either: (1) internal cross connections that cannot be permanently corrected and controlled; (2) intricate plumbing and piping arrangements where entry to all portions of the premises is not readily accessible for inspection purposes; or (3) a condition that in the opinion of the director or designee constitutes a hazard to health, the property owner shall protect the public water system against backflow from the premises by installing an approved backflow prevention assembly in the service line.
E. Failure of a customer or property owner to provide for the installation or the upgrading of a required backflow prevention assembly, as specified in subsections B and D of this section, within 30 days following written notification from the city, and for the preservation of the health and safety of the public water supply, the city may temporarily shut off potable water service to the premises and/or customer's system until the customer has installed or upgraded, and tested, an approved assembly to the satisfaction of the director or designee.
F. Any backflow prevention assembly installed or upgraded on a customer's premises shall be and remain the property of the customer.
§ 14.10.040. Establishment and administration of backflow prevention inspection fund.
The finance director is hereby directed to establish a special interest-bearing fund entitled the backflow prevention inspection fund. The owner of property served by the city shall be charged with and shall be responsible for inspection and service fees related to ensuring proper operation of backflow prevention assemblies connected to the water distribution system. All fees collected pursuant to this chapter shall be deposited in the backflow prevention inspection fund and expended solely to finance the program set forth in this chapter.
This fee is allowed under the California State Health and Safety Code, Division 104, Part 12, Article 2, Chapter 5, Section 116805 (d), as may be amended from time to time, that allows water utilities implementing the backflow prevention program to recover their costs to administer the program.
§ 14.10.050. Standards.
A. Backflow prevention assemblies may be installed either by the customer or by city personnel.
B. Backflow prevention assemblies type and installation shall be in compliance with city improvement standards.
4 C. Backflow prevention assemblies must be of a type approved by the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research and must comply with the State of California Cross-Connection Control Policy Handbook, as may be amended from time to time. Where there is a conflict between the city improvement standards, University of Southern California Foundation for Cross-Connection Control and Hydraulic Research approved list, and the Cross-Connection Control Policy Handbook, the more restrictive shall apply.
§ 14.10.060. Inspection.
A. No backflow prevention assembly shall be disconnected, moved, or modified without notification to and approval by the city. Any change to an existing backflow prevention assembly requires a new inspection and testing report to be submitted to the city.
B. After installation of a backflow prevention assembly, a backflow prevention assembly tester shall inspect and test the backflow prevention assembly.
C. Each backflow prevention assembly shall be inspected and tested at least once annually by a backflow prevention assembly tester.
D. Where city personnel or city-authorized personnel are required to perform an inspection or test, an inspection fee shall be charged to the customer as established by Section 14.10.040.
E. If a backflow prevention assembly does not meet required standards established by this chapter, city will send the customer a notice of compliance.
F. Any change of ownership, premise use (excluding single family residences), new connection to the water system, change of activities or materials on a water user’s premises, or backflow incident will trigger a new hazard assessment.
G. The customer’s system should be open for inspection at all reasonable times to authorized representatives of the City of Roseville water utility to determine whether cross connections or other structural or sanitary hazards, including violations of these regulations, exist.
H. The city may terminate the customer’s potable water service if the customer fails to have a backflow prevention device inspected and tested within the time period required by the city pursuant to Section 14.10.030(D).
§ 14.10.070. Freeze protection.
A. It is the responsibility of the property owner to install freeze protection. If the backflow assembly cannot be inspected due to the presence of freeze protection material, the freeze protection may be removed. The city shall not be responsible for reinstallation of freeze protection.
B. The relief port at the bottom of a reduced pressure backflow assembly must not be covered over by freeze protection. All test ports must be easily accessible along with the serial number and model number.
5 C. Freeze protection shall be maintained in a neat, aesthetically pleasing condition. Torn or dislodged freeze protection may be removed by city.
§ 14.10.080. Reinspection.
A. If the backflow prevention assembly tester determines that the backflow prevention assembly does not meet the standards established by this chapter, the city will issue the customer a notice to correct. The customer shall make the necessary repairs or replacement within 30 days of issuance of the notice to correct.
B. The backflow prevention assembly shall be reinspected by a backflow prevention assembly tester within 30 days, at which time a reinspection fee shall be charged to the customer as established by resolution adopted by the city council, as amended from time to time.
C. Each time a reinspection is required, an additional reinspection fee will be charged to the customer, until such time that the city sends the customer a notice of compliance. § 14.10.090. User Supervisors
A. The city may require a customer to designate an on-site supervisor (‘user supervisor”) when the customer’s premises has a multi-piping system that conveys various types of fluids and where changes in the piping system are frequently made. The user supervisor will be responsible for the avoidance of cross-connections during the installation, operation and maintenance of the customer’s pipelines and equipment.
B. The user supervisor must be certified as a cross-connection control specialist and be trained on the potential hazards, fluids used, potential concerns, and required backflow protection for the customer’s premise.
C. The user supervisor must have the authority to carry out the city’s requirements for protection of the water distribution system.
§ 14.10.100. Backflow prevention assembly installation/repair/replacement.
A. Installation, repair or replacement of a backflow prevention assembly shall be performed by a licensed contractor or, with customer approval, by city personnel.
B. The cost to the city for materials and labor at the prevailing rate shall be paid by the owner or customer and if unpaid shall become a lien on the property and collectible as taxes.
C. Any backflow prevention assembly installed or upgraded on a customer's premises shall be and remain the property of the customer.
§ 14.10.110. Enforcement.
6 A. Failure to maintain a backflow prevention assembly or provide access and information for assessing potential cross-connection hazards as required by this chapter and the CrossConnection Control Plan shall be a violation.
B. If the director or designee determines that a customer's failure to install, adequately maintain, or otherwise finds evidence that an installed backflow prevention assembly has been bypassed or rendered ineffective and constitutes a threat to the potable water supply, the director may order that water services to the noncomplying customer be discontinued. The director shall notify the customer at least 25 days prior to the proposed determination of service; provided, however, that if the threat to the potable water supply is so immediate that a delay in terminating water service may threaten the public health and safety, the director may terminate service without prior written notice.
C. A customer who has received a notice of termination of water services from the director may appeal the decision in writing to the environmental utilities director. The appeal must be received by the environmental utilities director within 10 calendar days from the date of the compliance order, in which case the termination of services will not occur until after the appeal is heard.
D. Any user and/or person that violates any provision of this chapter shall be guilty of a separate offense for each and every day during which any portion of which any such user and/or person commits, continues, permits, or causes a violation thereof, and shall be punished accordingly.
E. If after 30 days the customer has not installed a newly required backflow prevention assembly or has not repaired or replaced a defective backflow prevention assembly, and this failure to act constitutes an immediate threat to the health, safety or well-being of the public or environment, the director is authorized to require immediate abatement. If any such violation is not abated immediately as directed by the director, the city or the city’s authorized agent is authorized to enter onto private property and to take any and all measures required to abate the violation.
1. It is unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the city or its contracting agents to enter upon the premises for the purpose of abating the violation.
2. The cost of any such abatement by city agents authorized herein shall be borne by the property owner and/or responsible party, which cost shall include administrative costs as well as the actual cost of abatement. These costs may be enforced as a personal obligation against the property owner and shall be invoiced to the property owner and/or responsible party. If the invoice is not paid within 60 days, the city shall have the authority to place a lien upon and against the property. Any relief under this section shall not prevent the city from seeking other and further relief authorized under this chapter.
3. Nothing contained in this chapter shall be deemed to impose any liability on the city, its officers, employees, nor to relieve the owner of any private property from their responsibility to maintain backflow prevention assemblies as required by the city. The city assumes no risk associated with taking action to abate the violation.
7 F. Within 60 calendar days after the city's abatement of the violation, the director, or designee, will notify the owner of the property of the cost of abatement. The property owner and/or responsible party may file a written protest objecting to the amount of the abatement assessment within 10 calendar days after the city's issuance of the notice. The director, as applicable, shall conduct a hearing on the appeal within 30 calendar days from the date of receipt of the notice of the appeal. Appellant may appear at the hearing in person or may submit a written statement signed under penalty of perjury in lieu of a hearing. Following the hearing, the director shall make written findings of fact as to whether the abatement was proper. The director's decision shall be final.
G. Any decision of the director’s hearing panel shall be final. Any person aggrieved by an order of the hearing panel may obtain review of the order in the superior court by filing with the court a petition for writ of mandate within 90 days pursuant to California Code of Civil Procedure Section 1094.6.
§ 14.10.120. Chapter is severable.
If any provision of this chapter or the application thereof to any person or circumstances held invalid, such invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid provisions or its application, and to this end the provisions of this chapter are severable.
SECTION 2. This ordinance shall be effective at the expiration of thirty (30) days from the date of adoption.
SECTION 3. The City Clerk is hereby directed to cause this ordinance to be published in full at least once within fourteen (14) days after it is adopted in a newspaper of general circulation in the City, or shall within fourteen (14) days after its adoption cause this ordinance to be posted in full in at least three (3) public places in the City and enter in the Ordinance Book a certificate stating the time and place of said publication by posting.
PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of _______________, 20__, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
______________________________
MAYOR
ATTEST:
_________________________________
City Clerk
City Council
Communication
Meeting Date: 1/21/2026
Item #: VII.21
File #: 0704
Item ID: 2025-945
Title: Second Reading - Park and Park Facility Exclusions - Municipal Code Amendment Contact: Joseph Speaker 916-774-5325 [email protected]
SUMMARY
Staff recommends the City Council approve an ordinance for second reading amending Roseville Municipal Code Section 8.02.316, “Park and park facility exclusions." City staff is proposing modifications to the existing park and park facility exclusion ordinance to provide clarity to staff and the public and increase operational efficiencies.
RECOMMENDATION
Staff recommends the City Council approve an ordinance for second reading amending Roseville Municipal Code Section 8.02.316, “Park and park facility exclusions." City staff is proposing modifications to the existing park and park facility exclusion ordinance to provide clarity to staff and the public and increase operational efficiencies.
BACKGROUND
Not applicable.
FISCAL IMPACT
Not applicable.
ENVIRONMENTAL REVIEW
Not applicable.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
1. Ensure a safe and healthy community
6. Deliver exceptional City services
Respectfully Submitted,
Joseph Speaker, Assistant City Attorney
Michelle Sheidenberger, City Attorney
ATTACHMENTS:
1. Ordinance 7028
REVIEWERS:
Katrina Six, City Clerk Department Created/Initiated - 12/23/2025 Katrina Six, City Clerk Department Approved - 12/23/2025
Dennis Kauffman, City Manager Department - Assistant City Manager Approved - 1/4/2026 Michelle Sheidenberger, City Attorney Department Approved - 1/5/2026 Katrina Six, City Clerk Department Final Approval - 1/5/2026
ORDINANCE NO. 7028
ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE AMENDING SECTION
8.02.316 OF CHAPTER 8.02 OF TITLE 8 OF THE ROSEVILLE MUNICIPAL CODE
REGARDING PARK AND PARK FACILITY EXCLUSIONS
THE CITY OF ROSEVILLE ORDAINS:
SECTION 1. Section 8.02.316 of Chapter 8.02 of Title 8 of the Roseville Municipal Code is hereby amended to read as follows:
§ 8.02.316. Park and park facility exclusions.
A. Any parks, recreation and libraries employee or police officer may exclude any person who, while present in a city park or park facility, violates any applicable ordinance, statute, posted rule or regulation, or city policy after being put on notice of same. For purposes of this section, city “park” and/or “park facility” shall have the same definition as “park” in Roseville Municipal Code Section 8.02.020, except for purposes of this section only, “park” and/or “park facilities” shall also be further divided into the following three (3) categories:
1. “Facilities”, which shall include libraries, sports facilities, including but not limited to the Courts at Gibson, museums, community centers, and pools, including all landscape, walkways, restrooms, and parking areas adjacent to such Facilities;
2. “Improved Parks” which shall include developed parks such as Maidu Regional Park, Mahany Park, Weber Park, Saugstad Park, Royer Park, the Vernon Street Town Square, Central Park, Harry Crabb Park, Denio Family Park, and any other developed park (excluding Facilities above) with any combination of the following characteristics:
signage identifying the area as a park, perimeter walkways, restrooms, playground areas, picnic areas, multi-use fields, barbecues, ball fields, tennis and pickleball courts, water play features, multi-use turf, basketball courts, covered seating, disc golf, and sand volleyball, including all landscape, walkways, restrooms, and parking areas adjacent to such Improved Parks;
3. “Open Space” shall mean any of the over 4,000 acres of primarily undeveloped natural areas consisting of features such as stream beds, native trees and shrubbery, bike trails, and other natural areas identified on the City of Roseville’s Open Space Preserve Overarching Management Plan, including all landscape, walkways, restrooms, and parking areas adjacent to such Open Space.
Nothing in this section shall be construed to authorize the exclusion of any person lawfully exercising free speech rights or other rights protected by the state or federal constitutions unless that person is also committing acts that are not protected that violate a specific provision of the law that would allow for exclusion.
B. An exclusion from a park or park facilities under the provisions of this section shall be for the specified time periods following occurrence of the following violations in a park or park facility:
1. One (1) day: single or first time infraction(s) of park rules or city ordinances;
2. Thirty (30) days: arrest or citation for misdemeanor crime (e.g., public intoxication), felony crime, or repeated infractions of park rules or city ordinances within the previous year;
A person who is excluded from a specific park and/or park facility category listed in Section (A)(1)-(3) above, shall be excluded for the applicable period above from all other park and/or park facilities in that same category, but not from a park and/or park facility of another category, unless they are separately cited for a violation in that location. For example, if a person is excluded from a location in the “Facilities” category, they are excluded from all locations listed in “Facilities”, but not from locations listed in “Open Space”, unless they are separately cited for a violation in that location.
For regional parks, including but not limited to, Maidu Regional Park, Mahany Park, the Soccer Complex, Royer Park, Central Park, Saugstad Park, and Pistachio Regional Park that include a combination of “Improved Parks”, “Open Space” and/or “Facilities” (as defined in Section A(1)-(3)), because they utilize shared parking lots, walkways, landscaped areas, restrooms, and other common infrastructure to each category and a clear beginning and end of each park or park facility category is not easily identifiable or definable, exclusion from any park or park facility category in a regional park shall amount to an exclusion of all shared parking lots, walkways, landscaped areas, restrooms, and other common infrastructure.
If a person is excluded from the “Open Space” category listed in Section 8.02.316(A)(3), they shall not be cited under this section for temporarily returning to the “Open Space” to retrieve their property within forty-eight (48) hours of being excluded, so long as they do not violate any other law, ordinance, policy, or rule while in the Open Space retrieving their property.
C. Written notice shall be given to any person excluded from any park or park facility under this section. The notice shall specify the date the exclusion begins and duration of the exclusion, shall identify the offending conduct leading to the exclusion, and shall inform the excluded person of the right to appeal the exclusion. The exclusion notice shall be signed by the issuing employee or officer and shall also state any penalties for failure to comply.
D. Any exclusion shall begin immediately upon the issuance of the exclusion notice and end at noon on the day following the end of the exclusion. If a person receives multiple overlapping exclusions, the exclusion period will start anew from the date the newest exclusion is issued, rather than be added to the end of any existing exclusion.
E. At any time within the period of a thirty (30) day exclusion, a person receiving a notice of exclusion may appeal the exclusion in writing to the City Attorney’s Office, by completing a request for appeal hearing form and returning it to the City Attorney’s Office. A hearing shall take place within five (5) business days of the request for appeal, or as soon thereafter as mutually agreed upon by the parties. The failure of the party requesting the appeal to appear at the hearing shall constitute a failure to exhaust administrative remedies and result in automatic denial of the appeal. If an appeal is timely filed, the exclusion shall be stayed until a final decision is rendered on the appeal. A management level city employee, that is not employed by the Roseville Police Department, shall conduct the appeal hearing. The exclusion shall be upheld if the exclusion notice, any testimony provided at the hearing, or any other evidence presented at the hearing indicates that more likely than not, the person committed the violation and the exclusion is otherwise in accordance with the law. The management level city employee shall have the authority to rescind or modify the terms of the exclusion for good cause, including reducing the length of the exclusion or the category
of the park or park facility excluded from. The decision of the management level city employee shall be final.
F. Both the parks, recreation and libraries department and the police department will maintain an accurate database of those persons excluded from the parks and other park facilities by their respective employees.
G. If excluded, a person shall immediately collect their belongings and leave the park or park facility. No person subject to the exclusion notice shall enter or remain in any excluded park or park facility at any time during the period indicated by the exclusion notice, unless the exclusion is stayed per Section E above or they are retrieving property in the Open Space per Section B above. Violation of this section may be charged as an administrative citation, infraction, or misdemeanor in the discretion of the city attorney.
SECTION 2. This ordinance shall be effective at the expiration of thirty (30) days from the date of adoption.
SECTION 3. The City Clerk is hereby directed to cause this ordinance to be published in full at least once within fourteen (14) days after it is adopted in a newspaper of general circulation in the City, or shall within fourteen (14) days after its adoption cause this ordinance to be posted in full in at least three (3) public places in the City and enter in the Ordinance Book a certificate stating the time and place of said publication by posting.
PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of _______________, 20__, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
______________________________
MAYOR
ATTEST:
_________________________________
City Clerk
City Council
Communication
Meeting Date: 1/21/2026
Item #: VII.22
File #: 0103-07-02
Item ID: 2025-947
Title: Second Reading - Use Type Classifications and Definitions - Municipal Code Amendment Contact: Eric Singer 916-774-5536 [email protected]
SUMMARY
Staff recommends the City Council approve the second reading ordinance amending Sections 19.08.080 and 19.95.030 of the Roseville Municipal Code regarding Use Type Classifications and Definitions clarifying the City's definitions for "kitchens" with the purpose of defining how dwelling units are classified in the Municipal Code.
RECOMMENDATION
Staff recommends that the City Council introduce for first reading an Ordinance amending Sections
19.08.080 and 19.95.030 of the Roseville Municipal Code regarding Use Type Classifications and Definitions.
BACKGROUND
Not applicable.
FISCAL IMPACT
Not applicable.
ENVIRONMENTAL REVIEW
Not applicable.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
4. Invest in well-planned infrastructure and growth
Respectfully Submitted,
Eric Singer, Associate Planner
Mike Isom, Development Services Director
ATTACHMENTS:
1. Ordinance 7029
REVIEWERS:
Katrina Six, City Clerk Department Created/Initiated - 12/23/2025 Katrina Six, City Clerk Department Approved - 12/23/2025 Dennis Kauffman, City Manager Department - Assistant City Manager Approved - 1/4/2026 Michelle Sheidenberger, City Attorney Department Approved - 1/5/2026
Katrina Six, City Clerk Department Final Approval - 1/5/2026
ORDINANCE NO. 7029
ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE AMENDING SECTION
19.08.080 OF CHAPTER 19.08 AND SECTION 19.95.030 OF CHAPTER 19.95 OF TITLE 19
OF THE ROSEVILLE MUNICIPAL CODE REGARDING RESIDENTIAL USE
TYPES AND DEFINITIONS
THE CITY OF ROSEVILLE ORDAINS:
SECTION 1. Section 19.08.080 of Chapter 19.08 of Title 19 of the Roseville Municipal Code is hereby amended to read as follows:
19.08.080 Residential use types.
Residential use types include the occupancy of living accommodations on a wholly or primarily non-transient basis and includes uses which are typically associated with and provide support to residential areas but exclude institutional living arrangements providing 24-hour skilled nursing or medical care and those providing forced residence, such as asylums and prisons. Transitional housing and supportive housing are considered residential uses. Specific residential use types referred to in this title are:
A. Accessory Dwelling Unit/Junior Accessory Dwelling Unit. An accessory dwelling unit shall be as defined by Government Code Section65852.2, as it now exists or may hereafter be amended, and means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons. The unit shall be located on a permanent foundation, have an independent exterior access, and shall include permanent provisions or infrastructure to support permanent provisions (such as stubbing gas, water or sewer lines) for living, sleeping, eating, cooking, and sanitation on the same parcel as where a singlefamily, two-family or multi-family dwelling unit is situated or proposed to be situated. Accessory dwelling units can also include efficiency units, as defined in Section 17958.1 of the Health and Safety Code, manufactured homes, as defined in Section18007 of the Health and Safety Code, second dwelling units, granny flats, in-law quarters, carriage units, and tiny houses as long as such units otherwise meet this definition. A junior accessory dwelling unit shall be as defined by Government Code Section 65852.22, as it now exists or may hereafter be amended, and means a unit that is no more than 500 square feet in size and contained entirely within a single-family dwelling. At minimum, a junior accessory dwelling unit must contain an efficiency kitchen as defined in Section 19.95.030. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. (Also see Chapter 19.60.)
B. Caretaker/employee housing, includes permanent or temporary housing that is secondary or accessory to the primary use of the property. Such housing is used for caretakers employed on the site of a non-residential use where a caretaker is needed for security or to provide 24-hour care or monitoring of facilities, equipment, or other conditions on the site.
2 C. Community care facility, small, includes a dwelling where non-medical care is provided to six or fewer persons on a 24-hour basis. Small community care facilities shall be licensed by the State Department of Social Services.
D. Community care facility, large, includes a dwelling where non-medical care is provided to no less than seven and no more than 12 persons on a 24-hour basis and which is operated and occupied by the owners. Large community care facilities shall be licensed by the State Department of Social Services, shall permit no more than two persons per bedroom and shall be designed so as to be compatible with the residential character of the neighborhood.
E. Efficiency units, includes a room or group of internally connected rooms that have independent sleeping, cooking, eating and sanitation facilities, which constitutes an independent housekeeping unit, occupied by or intended for one household on a long term basis
F. Dwelling, includes a room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, which constitutes an independent housekeeping unit, occupied by or intended for one household on a long-term basis.
A dwelling may contain only one kitchen or in the case of a junior accessory dwelling unit either one efficiency kitchen or one kitchen, as defined in Section
19.95.030. A dwelling may contain one or more wet bars in addition to a kitchen, as defined in Section 19.95.030. A dwelling may contain one or more wet bars in addition to a kitchen, as defined in Section 19.95.030. Types of dwellings include single-family dwellings, duplexes, accessory dwelling units, multi-family dwellings, mobile homes, condominiums, and townhouses, all of which are separately defined.
1. Multi-family, includes a building designed and intended for occupancy by three or more families living independently of each other, each in a separate dwelling unit, which may be owned individually or by a single landlord.
Includes apartments, condominiums, rowhouses, triplexes and fourplexes.
2. Single-family, includes an attached or detached building designed exclusively for occupancy by one family. Includes houses, half-plexes and townhomes.
3. Two-family, includes a duplex, or other buildings designed for occupancy by two families living independently of each other, where both dwellings are located on a single lot.
G. Family day care homes, small, includes a dwelling unit where providers dwell in that provides care, protection and supervision for eight or fewer children, including children under 10 years of age who reside at the home, for periods of less than 24 hours or as otherwise provided by State law.
H. Family day care homes, large, includes a dwelling unit where providers dwell in that provides care, protection and supervision for seven to 14 children, inclusive, including children under 10 years of age who reside at the home, as set forth in Section 1597.465 of the Health and Safety Code, as may be amended from time to time. (Also see Chapter 19.46.)
3 I. Live/work, includes units that are occupied by business operators who live in the same structure that contains commercial activity. The units function primarily as a workspace with incidental residential accommodations.
J. Long-term care, small, is a residential home with a capacity of no more than six beds, which provides inpatient care, including medical supervision, 24-hour nursing and supportive care, and other medical services (such other medical services are defined by Health and Safety Code Section 1250(i)(1), congregate living health facility, as may be amended from time to time).
K. Long-term care, large, includes a dwelling with a capacity of no less than seven and no more than 12 beds, which provides inpatient care, including medical supervision, 24-hour nursing and supportive care, and other medical services (such other medical services are defined by Health and Safety Code Section 1250(i)(1), congregate living health facility, as may be amended from time to time).
L. Low-barrier navigation centers, means a “housing first,” low-barrier, serviceenriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. (Also see Chapter 19.47.)
M. Mobile home park, includes any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes. (Also see Chapter 19.48.) N. Rooming and boarding houses, includes the renting of individual bedrooms within a dwelling by a property owner or other manager in residence to three or more people, whether or not meals are provided; or a single-family dwelling occupied by six or more unrelated people, living together as a single housekeeping unit; by prearrangement for definite periods greater than 30 calendar days, with compensation (typically monetary compensation).
O. Short-Term Rental. A short-term rental as defined in Chapter 4.25 (Short-Term Rentals) means any single-family dwelling unit located in a residential or commercial zone that is rented in whole or in part on a short-term basis, which is 30 calendar days or less.
P. Single room occupant, includes lodging establishments providing a room(s) which does not include a kitchen or bathroom. These establishments include a communal bathroom and may have a communal kitchen and/or living area. This is not a temporary or transitional housing type and is typically found on the second story above a retail use.
Q. Supportive housing, includes housing with no limit on length of stay, that is occupied by the target population as defined in Health and Safety Code Section
4 53260(d), and that is linked to on- or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live, and when possible, work in the community. (California Health and Safety Section 50675.14(b).)
1. Target population, includes adults with low income having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people. (California Health and Safety Section 53260(d).) R. Transitional housing and transitional housing development, includes buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined futurepoint in time, which shall be no less than six months. (California Health and Safety Section 50675.2(h).) SECTION 2. Section 19.95.030 of Chapter 19.95 of Title 19 of the Roseville Municipal Code is hereby amended to read as follows:
§ 19.95.030. Definitions.
A. 1. Accessory Building or Structure: (See Building, Accessory).
2. Act: The Fair Housing Amendments Act of 1988.
3. Amendment: Any change, modification, deletion, or addition to the wording, text or substance of this title or any change, modification, deletion, or addition to the application of this title to property within the City of Roseville, including any alteration in the boundaries of a zone district, when adopted by ordinance passed by the City Council in the manner prescribed by law.
4. Antenna: A device used in communications which transmits or receives radio signals. Common forms of antennae are panel arrays and whip antennas. Panel arrays are designed to concentrate a radio signal in a particular area and are typically flat and rectangular in design. Whip antennas transmit a signal 360 degrees and are cylindrical with an 18-foot height limit. a. Co-Location. Locating wireless communications equipment from more than one provider on a single site.
b. Telecommunication Facility. A land use facility supporting antennas and microwave dishes that sends and/or receives radio-frequency signals.
Communication facilities include structures (aka monopole, towers) and accessory buildings.
5 c. Dish Antenna. A dish-like antenna used to link communication sites together by wireless transmission of voices or data. Also called microwave antenna or microwave dish antenna.
d. Equipment Building, Shelter or Cabinet. A structure designed and used to house equipment used by telecommunication providers at a facility. e. Monopole. A structure of a single spire used to support communications equipment.
f. Related Equipment. All equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable, conduit and connectors. g. Satellite Antennas. A satellite antenna is a dish like antenna used to link communications sites together by wireless transmission of voice or data.
Also called microwave antenna or microwave dish antenna. h. Stealth Facility. Any communications facility which is designed to blend into the surrounding environment. Examples of stealth facilities may include architecturally screened roof-mounted antennas, building mounted antennas painted to match the existing structure, antennas integrated into architectural elements, and antenna structures designed to link like light poles. Also called concealed antennas.
i. Telecommunication Tower. A mast, pole, monopole or guyed or lattice, freestanding tower designed and primarily used to support antennas, to include dishes, arrays and similar devices.
5. Appellate Approving Authority: As designated in Section 19.80.020, it is either the Planning Commission or the City Council that is authorized to hear and act on appeals to actions and decisions provided by this title.
6. Approving Authority: As designed in Section 19.80.020, it means one of the following depending on the nature of the application: City Council, Planning Commission, Design Committee, Planning Manager, or designee.
B. 1. Building: Any structure having a roof supported by columns and/or walls and intended for the shelter, housing and enclosure of any individual, animal, process, equipment, vehicles, goods or materials of any kind or nature.
2. Building or Structure, Accessory: A building or structure detached from a principal building on the same lot and incidental to the principal building.
3. Building or Structure, Nonconforming: A building or structure, or portion thereof, which was lawfully erected, altered or maintained, prior to the effective date of the ordinance codified in this title, but which, because of the application of this title to it, no longer conforms to the specific regulations applicable to the zoning district in which it is located.
4. Building(s), Primary: A building(s) devoted primarily to the principal or
6 conditionally permitted use of the lot or building site on which it is situated, as permitted by this title.
5. Bus Depot or Station: A place of business serving as a point of arrival or departure for passengers traveling by intercity or interstate bus, except those buses operated by a governmental entity.
C. 1. City: The City of Roseville, California.
2. City Council: The City Council of the City of Roseville.
3. Clear Vision Triangle, Commercial: That portion of both private property and public right-of-way located at any corner where two streets intersect. The clear vision triangle is defined by the triangular area created by the diagonal connection of two points measured 30 feet back from the intersection of the prolongation of points measured along the front and corner street side back of curb (see figure below). The dimensions of the clear vision triangle may be required to be increased if the Director of Public Works determines that additional area is needed to ensure that a potential traffic hazard is not created.
4. Clear Vision Triangle, Residential: The clear vision triangle is defined by the path of travel of a vehicle making a right turn at an intersection, and is intended to preserve appropriate line-of-sight for the driver and pedestrians at a turn.
The clear vision triangle is the area created by the diagonal connection of two points measured 25 feet along the back of curb on the right-hand side of the vehicle as it approaches the intersection to turn right, and 75 feet along the perpendicular side of the back of curb on the right-hand side of the vehicle as it completes the turn and departs the intersection (see figure below).
5. Clear Vision Triangle, Residential Driveway: The clear vision triangle is defined by the path of travel of a vehicle exiting a driveway and is intended to
7 preserve appropriate line-of-sight for the driver and pedestrians at the driveway-street interface. The clear vision triangle is the area created by the diagonal connection of two points measured 10 feet along the edge of driveway on the right- or left-hand side of the vehicle as it approaches the street, and 10 feet along the perpendicular side of the back of curb on the right-or left-hand side of the vehicle as it enters the street (see figure below).
6. Compact Residential Development: Attached or detached single-family housing units on a parcel or parcels with a General Plan land use designation of medium density residential or higher (seven dwelling units per acre or higher, as depicted on the General Plan Land Use Map).
7. Condominium: An estate in real property consisting of an undivided interest in common in portions of a parcel of real property together with a separate interest in a dwelling, industrial or commercial building on such real property, such as an apartment, office, warehouse or store. A condominium may include, in addition, a separate interest in other portions of such real property.
8. Condominium Conversion: Condominium conversion occurs whenever a multiple residential dwelling unit building or a residential housing project containing three or more dwelling units under the same ownership, or such a project that has been granted an occupancy permit is subdivided so that individual dwelling units are available for sale as condominiums within the meaning of Civil Code Section 783.
9. Cooking: As referred to in Section 19.08.080 and Chapter 19.60, "cooking" means that the unit will contain a residential stove/oven/cooktop requiring dedicated utility connections such as large amperage wiring or a dedicated gas connection.
a. Efficiency kitchen: As referred to in Section 19.08.090 and Chapter 19.60, an “efficiency kitchen” provides provisions for cooking and food preparation and must at minimum include a kitchen sink with minimum 1.5” drain line, a minimum 110V receptacle, a cooking appliance, a refrigerator with a minimum capacity of 5 cubic feet, a counter for food preparation, and storage cabinets. The sink and cooking appliance must each have a clear working space of not less than 30 inches. Cooking appliances include, but are not limited to, built-in or tabletop ovens and built-in or countertop ranges. Pursuant to Civil Code Section 1941.1, as it now exists or may hereafter be amended, in order to be tenantable an efficiency kitchen must include a stove maintained in good working order that is capable of safely generating heat for cooking. Efficiency kitchens must be
8 located within a communal area of the dwelling.
b. Kitchen: As referred to in Section 19.08.080 and Chapter 19.60, a “kitchen” provides permanent provisions for cooking and food preparation and includes a kitchen sink with a minimum drain size of 1.5”, either a minimum 220V receptacle or a dedicated gas line for a permanent cooking appliance (a 110V for a microwave, toaster, hotplate, or other tabletop appliance is not a permanent provision), a permanent cooking appliance, a refrigerator with a minimum capacity of 5 cubic feet, a counter for food preparation, and a food storage area.
The sink and cooking appliance must each have a clear working space of not less than 30 inches. Kitchens must be located within a communal area of the dwelling.
c. Wet bar: As referred to in Section 19.08.080, a “wet bar” is an area or space located within an open communal area of the dwelling (such as a living room, family room, or recreation room) with a counter intended for the preparation of beverages but not for the preparation or cooking of food. A wet bar is permitted to have one sink with a waste drain not to exceed 1.5” in diameter, a refrigerator or freezer with a maximum capacity of 5 cubic feet, and up to 110V AC power outlets. A wet bar may not include any built-in appliances for the heating or cooking of food.
10. Council, or City Council: The City Council of the City of Roseville, California.
11. Construction Trailer: A trailer used as an on-site office only during actual construction of an approved building site.
D. 1. Expansion, Building or Structure: An alteration of a building/structure that results in an increase in its size, either in extent or bulk, or an increase in its area or volume.
2. Expansion, Use: An alteration of a use that results in an increase in its size, either in extent, intensity or in the nature of the activities conducted.
E. 1. Family: An individual or group of two or more persons occupying a dwelling and living together as a single housekeeping unit in which each resident has access to all parts of the dwelling and where the adult residents share expenses for food or rent.
2. Fence: An artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas.
F. 1. Garage Sale: The temporary sale of used household or personal articles held on the seller’s own residential premises, also referred to as a yard sale or rummage sale.
2. General Plan: As used in this title, the term General Plan means the City of Roseville General Plan, and all revisions and amendments to the Plan.
9 3. Group Home: Those uses or facilities identified with Sections 19.08.070(J)(3),
19.08.080(C), 19.08.080(D) and such other sections of this title, which provide for the care of disabled or supervised individual(s).
G. 1. Height, Building and Other Structures: The vertical distance from the highest point of the building or structure to the average of the highest and lowest points where the exterior walls or supports touch the natural grade.
2. Height, Fence or Wall: The height of a fence or wall shall be determined from the highest finished grade adjacent to the fence or wall.
3. Home, Model Complex: One or more dwelling units or one temporary trailer temporarily used for display purposes as an example of dwelling units available or to be available for sale or rental for the first time in a particular subdivision or residential development which may be comprised of single detached, semidetached, or multiple unit dwellings, or a combination thereof. It also includes one sales office and associated parking.
H. Reserved.
I. 1. Junk Yard: Any area of 200 square feet or more used for the storage of junk, scrap materials, materials, salvaged from wrecked or demolished buildings, machinery or equipment; or used for the wrecking or demolishing of automobiles, other vehicles, or machinery.
J. Reserved.
K. 1. Landscaped Area: An area devoted to lawn, groundcover, trees, or shrubs or hardscape, and as specified in this title, the Design Guidelines, any applicable specific plan or by other City requirement.
2. Loading Space: An area, other than a street, alley, or driving aisle, on the same lot with a building or a group of buildings which is permanently reserved and maintained for the temporary parking of commercial vehicles while loading or unloading merchandise or materials.
3. Lot: A legally created parcel of land used or capable of being used under the
10 regulations of this title.
4. Lot, Corner: A lot located at the intersection of two or more streets, with one property boundary bordering on each street frontage (see figure).
5. Lot, Developed: A lot with buildings or structures.
6. Lot, Flag: A lot having access to a public or private street by a narrow strip of land (see figure under Lot, Corner).
7. Lot, Frontage: That portion of the lot contiguous to the street.
8. Lot, Interior: A lot, other than a corner lot, abutting only one street (see figure under Lot, Corner).
9. Lot, Key: A lot with a side line that abuts the rear line of any one or more adjoining lots (see figure under Lot, Corner).
10. Lot Line, Front: The lot line separating a lot from a street right-of-way. The front lot line of a corner lot may face either street frontage, at the option of the owner, provided that the required rear yard setback is obtainable opposite from the front lot line.
11. Lot Line, Rear: That lot line, not intersecting a front lot line, which is most distant from and most closely parallel to the front lot line. In the case of an irregularly shaped lot or a lot bounded by only three lot lines, a line within the lot having a length of 30 feet parallel to and most distant from the front lot line shall be interpreted as the rear lot line for the purpose of determining required yards, setbacks, and other provisions of this title (see figures below).
11 12. Lot Line, Side: Any lot line which is not a front or rear lot line.
13. Lot, Reversed Corner: A corner lot, the rear of which abuts the side of another lot (see figure under Lot, Corner).
14. Lot, Area: The area contained within the boundary lines of a lot.
15. Lot, Coverage: The land area covered by all primary buildings on a lot, including cantilevered enclosed space located above the ground floor.
16. Lot, Through: A lot having frontage on two generally parallel streets (see figure under Lot, Corner).
17. Lot, Width: The horizontal distance between the side lot lines, measured at the front setback line.
L. 1. Manager: The Planning Manager of the City of Roseville or the Planning Manager’s designee.
2. Manufactured Home: A factory built or manufactured home permitted by State of California and federal laws.
3. Mobile Home: Same as manufactured home, but subject to the National Manufactured Housing Construction and Safety Act of 1974.
4. Mobile Home Park: Any area or tract of land where one or more mobile home lots are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation. The rental paid for any such mobile home shall be deemed to include rental for the lot it occupies.
5. Model Home Complex: One or more dwellings used for the display and sale of units and lots within a subdivision.
M. 1. Nonconforming Structure or Building: A structure or building, the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment to the Zoning Ordinance but that fails by reason of such adoption,
12 revision, or amendment to comply to the present requirements of the zoning district.
2. Nonconforming Use: A use or activity that was lawful prior to the adoption, revision or amendment of the Zoning Ordinance but that fails by reason of such adoption, revision, or amendment to comply to the present requirements of the zoning district.
N. 1. Open Air Vending Facilities: The sale of prepared food, fresh cut flowers or plants, or the sale of items determined by the Planning Manager to be consistent with this type of use, from a stand or non-motorized non-stationary cart or pushcart.
2. Outdoor Sales Area: An outdoor area located on the same lot as the principal business used for merchandise display or storage as allowed under this title.
O. 1. Parcel: Means an area of land.
2. Parcel, Nonconforming: A parcel of land having less area, frontage, or dimensions than required in the zoning district in which it is located.
3. Parking Lot: An area of land, a yard or other open space on a lot legally used for or designed for parking motor vehicles.
4. Parking Space: An unobstructed space or area other than a street or alley which is permanently reserved and maintained for the parking of one motor vehicle.
5. Peak Load: The generation of electricity during the highest electrical demand within a particular period of time. Daily electric peaks on weekdays occur in late afternoon and early evening. Annual peaks occur on hot summer days.
6. Permitted: Means any use or activity allowed by the provisions of this title, and subject to the applicable regulations contained within this title.
7. Person: An individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, City, local agency, or any other group or combination acting as an entity.
8. Planning Commission: The Planning Commission of the City of Roseville.
9. Property Owner: A person or persons having a possessory interest in the property, other than a periodic tenancy, estate at will, or sufferance, or a person having a contractual right which will ripen into such a possessory interest in the property.
P. 1. Qualified Affordable Housing Project: A qualified affordable housing project is defined as either: (a) a residential multi-unit (three or more units) or mixed use housing project that provides a minimum of 20 percent of the units as affordable units for low, very-low or extremely low income; complies with the City’s Objective Design Standards; and agrees to enter into an Affordable
13 Housing Agreement prior to issuance of building permits; or (b) a residential project consistent with Government Code Section 65913.4, as it now exists or may hereafter be amended.
Q. Reserved.
R. 1. Sale, Fundraising: The temporary sale of new or used merchandise conducted by a charitable, eleemosynary, or non-profit organization or by groups associated with churches, schools and clubs.
2. Seating Capacity: The actual seating capacity of an area based upon the number of seats of one seat per 18 inches of bench or pew length. For other areas where seats are not fixed, the seating capacity shall be determined as indicated by the Uniform Building Code.
3. Secondary Use: A purpose for which land or a building is or may be intended, occupied, maintained, arranged, or designed, which is less visible, prominent, or important than the primary use(s) on the same lot or parcel.
4. Setback: The required distance that a building, parking lot or other designated item must be located from a lot line. For buildings and structures, the setback is measured to the exterior face/finish of the wall, post or railing.
5. Setback, Front: The front setback is an area formed by a line parallel to a front lot line. The front setback is measured at right angles to the front lot line.
6. Setback, Rear: The rear setback is an area formed by a line parallel to the rear lot line. Rear setbacks are measured at right angles to the rear lot lines.
7. Setback, Side: The side setback is an area formed by a line parallel to the side lot line, that extends between front and rear setback areas. Side setbacks are measured at right angles to the side lot lines.
8. Shopping Center: Two or more contiguous or separate retail commercial stores that share access and/or parking, which function by design, or ultimately function, as a single entity.
9. Street: A public or permanent private way 30 feet or more in width, which affords a primary means of access to property.
10. Structural Alterations: Any change in the supporting members of a building such as foundations, bearing walls, columns, beams, floor or roof joints, girders or rafters, or changes in roof or exterior lines.
11. Structure: Anything constructed or erected which requires location on the ground or attachment to something having a permanent location on the ground, including, but not limited to, antennas, signs and billboards, but not including outdoor areas such as paved areas, tennis courts, driveways, parking spaces where the area is unobstructed from the ground up.
S. 1. Theater: A building or structure used for the purpose of conducting live