Agenda packet — Salinas City Council, May 5, 2026 (part 2 of 2)

Version: November 2023

AGREEMENT —AMENDMENT NO. 1 TO

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF SALINAS AND BFS LANDSCAPE ARCHITECTS (BFS)

This Amendment No. 1 to the Agreement for Professional Services (the “Amendment”) is entered into this 9th day of April 2024, by and between the City of Salinas (the “City”) and BFS Landscape Architects, (the “Contractor”). City and Contractor may be individually referred to herein as a “Party” and collectively the City and Contractor may be referred to as the “Parties.”

RECITALS

WHEREAS, pursuant to Resolution 22550 (N.C.S), the City and Contractor first entered into an agreement for design, program and construction management for Closter Park, El Gabilan Tot Lot, and two universal playgrounds (one at Northgate Park and one at Williams Ranch Park) effective January 2, 2023, in an amount not to exceed $1,755,389 to which Contractor agreed to provide services to the City for this compensation (the “Agreement”); and

WHEREAS, the City and Contractor desire to amend the Agreement to reflect additional work that will be completed and by increasing the agreement compensation by $73,200 for El Gabilan Tot-Lot.

NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:

TERMS

1. The total amount of compensation to be paid under the Agreement hereby increased by $73,200. The total amount of compensation to be paid under this Amended Agreement shall not exceed $1,828,589.

2. All other covenants, terms, and conditions set forth in the Agreement and not amended by this Amendment shall remain in full force and effect as if fully set forth herein.

IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Contractor have entered into this Agreement as of the date first written above.

CITY OF SALINAS

___________________________________
Jim Pia, Interim City Manager

APPROVED AS TO FORM:

___________________________________
□ Christopher A. Callihan, City Attorney
□ Rhonda Combs, Assistant City Attorney

BFS LANDSCAPE ARCHITECTS

____________________________________
Printed name: ________________________
Title: ________________________________
DocuSign Envelope ID: 6C24AC3F-A29A-4077-854C-9F63E1817017 President
Larry Foster
175207

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Version: July 2024

AMENDMENT NO. 2 TO

THE AGREEMENT FOR PREFESSIONAL SERVICES BETWEEN THE CITY AND BFS LANDSCAPE ARCHITECTS

This Amendment No. 2 to the Agreement for Professional Services (the “Amendment”) is entered into this 25th day of February, 2025, by and between the City of Salinas (the “City”) and BFS Landscape Architects, (the “Contractor”). City and Contractor may be individually referred to herein as a “Party” and collectively the City and Contractor may be referred to as the “Parties.”

RECITALS

WHEREAS, the City and Contractor first entered into a the Agreement for Professional Services effective January 2, 2023, pursuant to which Contractor agreed to act as and provide certain services to the City for compensation (the “Agreement”); and

WHEREAS, the City and Contractor desire to amend the Agreement to reflect the term of the Agreement, additional services and compensation.

NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:

TERMS

1. Section 2 of the Agreement is hereby amended to read as follows:

Term; Completion Schedule. This Agreement shall commence on January 2, 2023, and shall terminate on June 30, 2027, unless extended in writing by either party upon (30) days written notice. This Agreement may be extended only upon mutual written consent of the parties and may be terminated only pursuant to the terms of this Agreement.

2. Section 3 of the Agreement is hereby amended to read as follows:

Compensation. City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation of in Exhibit B. The total amount of compensation to be paid under this Agreement shall not exceed one million eight hundred twenty-eight thousand five hundred eighty-nine ($1,828,589) dollars.

3. All other covenants, terms, and conditions set forth in the Agreement and not amended by this Amendment shall remain in full force and effect as if fully set forth herein.

IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Contractor have entered into this Agreement as of the date first written above.

CITY OF SALINAS

___________________________________
René Mendez, City Manager

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Version: July 2024

APPROVED AS TO FORM:

___________________________________
□ Christopher A. Callihan, City Attorney
□ Rhonda Combs, Assistant City Attorney

BFS LANDSCAPE ARCHITECTS

____________________________________
Printed name: ________________________
Title: ________________________________
Docusign Envelope ID: 468C0627-6499-4857-B1F7-7C92F0E9DE86 President
Larry Foster

177206
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#26-177, Version: 1
Peregrine Technologies Software Subscriptions
Approve a Resolution authorizing the Purchasing Agent to complete the purchase of the remaining software subscription renewals under the existing Agreement with Peregrine Technologies, for an additional amount of $300,000, for a total Agreement cost not to exceed $750,000.

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: MAY 5, 2026

DEPARTMENT: SALINAS POLICE DEPARTMENT

FROM: CARLOS ACOSTA, CHIEF OF POLICE

BY: TONYA ERICKSON, POLICE SERVICES ADMINISTRATOR

TITLE: PEREGRINE TECHNOLOGIES SOFTWARE SUBSCRIPTION

RECOMMENDED MOTION:

A motion to approve a Resolution authorizing the Purchasing Agent to complete the purchase of the remaining software subscription renewals under the existing Agreement with Peregrine Technologies, for an additional amount of $300,000, for a total Agreement cost not to exceed $750,000.

EXECUTIVE SUMMARY:

The Police Department has utilized the Peregrine platform data integration system since 2023 and relies upon this system for crime and intelligence analysis. City Council authorized the execution of the Agreement with Peregrine Technologies on February 7, 2023, and at that time authorized the purchase of up to 3 -years of software subscription services for a total cost not to exceed $450,000. The executed Agreement includes the option to extend services for additional renewal periods, up to a total of five terms, at the same annual cost. Staff is requesting authorization to purchase the remaining two optional subscription renewals under the existing agreement, for an additional cost of $300,000, resulting in a total Agreement cost not to exceed $750,000.

BACKGROUND:

On February 7, 2023, City Council authorized the execution of an Agreement with Peregrine Technologies for subscription to the Peregrine platform data integration system for crime and intelligence analysis. The Peregrine platform is a web -based, CJIS -compliant Software -as-a- Service (SaaS) that provides single point of access to view and analyze data from various sources.

The platform performs several critical functionalities, including data integration, search and information retrieval, advanced analytics, data management, reporting, collaboration, access control, and security. The Peregrine platform facilita tes real-time operational decision making, enhanced crime trend analysis (including victimology), improved investigatory capabilities, and creates analysis products to support public safety. The department has successfully utilized this technology for the last three years and wishes to maintain this subscription. 179
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When City Council authorized the execution of an Agreement with Peregrine Technologies in 2023, it included authorization of up to 3 years of annual software subscription services with a not to exceed cost of $450,000. Under this Agreement, the Police Department has the option to extend services for additional software renewal periods, up to a total of five terms, at the same annual cost. Staff is now requesting authorization to purchase the remaining two optional software subscription renewal periods under the existing agreement , for an additional cost of $ 300,000, resulting in a total Agreement cost not to exceed $750,000 as shown below.

Status Subscription Period Funding Source Cost
Completed April 15, 2023 - April 14, 2024 COPS Technology Grant $150,000 Completed April 15, 2024 - April 14, 2025 COPS Technology Grant $150,000 Completed April 15, 2025 - April 14, 2026 FY 2024-25 PD Budget (General Fund)
$150,000
Request April 15, 2026 - April 14, 2027 FY 2025-26 PD Budget (General Fund)
$150,000
Request April 15, 2027 - April 14, 2028 FY 2026-27 PD Budget (General Fund)
$150,000
Total Not to Exceed (NTE) Amount $ 750,000

The Police Department’s approved FY 2025-26 budget includes funding to support the optional renewal for the period April 15, 2026 - April 14, 2027. T he Police Department ’s FY 2026 -27 budget requests include funding to maintain the Peregrine platform subscription for the final optional renewal period of April 15, 2027 - April 14, 2028, and the department understands that the final purchase will be dependent upon available funds within the Police Department budget.

CEQA CONSIDERATION:

Not a Project . The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

CALIFORNIA GOVERNMENT CODE §84308 APPLIES:

No, does not apply. The City of Sa linas has determined that Government Code §84308/Levine Act does not apply to this proposed action.

STRATEGIC PLAN INITIATIVE:

The proposed resolution will support the City Council’s Strategic Plan Goal of Public Safety.

DEPARTMENTAL COORDINATION:

The Police Department will coordinate with the Finance Department during all purchasing and payment processes.
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FISCAL AND SUSTAINABILITY IMPACT:

There is sufficient budget available and appropriated in the current fiscal year. Budget for subsequent years will be included as part of the budget development process.

Fund

General Ledger
Number
(Operating/CIP)
General Ledger
Account Name

Remaining
Budget
Appropriation
Amount
Requested
1100 40.4130-62.8550 Supplies & Materials
Software
$225,707
(FY 2025-26)
$0

ATTACHMENTS:

Resolution
Agreement with Peregrine Technologies
Resolution No 22583, approved 2/7/2023

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RESOLUTION NO. (N.C.S.)

RESOLUTION AUTHORIZING THE PURCHASE OF SOFTWARE SUBSCRIPTION

SERVICES FROM PEREGRINE TECHNOLOGIES

WHEREAS, City Council previously approved the purchase of software subscription services for up to three years and the current term ended April 14, 2026, and the Police Department desires to maintain access to the Peregrine platform; and

WHEREAS, the current Agreement with Peregrine Technologies provides the option to purchase additional subscription terms at the same annual cost.

NOW, THEREFORE, BE IT RESOLVED the Salinas City Council authorizes the Purchasing Agent to complete the purchase of the remaining two optional software subscription renewal periods under the existing Agreement between the City of Salinas and Peregrine Technologies, for an additional amount of $300,000 , resulting in a total Agreement cost not to exceed $750,000 as shown below:

Status Subscription Period Cost
Completed April 15, 2023 - April 14, 2024 $150,000
Completed April 15, 2024 - April 14, 2025 $150,000
Completed April 15, 2025 - April 14, 2026 $150,000
Request April 15, 2026 - April 14, 2027 $150,000
Request April 15, 2027 - April 14, 2028 $150,000
Total Not to Exceed (NTE) Amount $ 750,000

PASSED AND APPROVED this 5th day of May, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

______________________________
Dennis Donohue, Mayor
ATTEST:

_________________________
Patricia M. Soratos, City Clerk
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PEREGRINE CUSTOMER ORDER FORM

Customer Information
Customer Name: Salinas Police Department Contact: Chief Roberto Filice Address: 312 E Alisal St, Salinas, CA 93901 Phone: (831) 758-7090 Email: [email protected] Fax: N/A
Peregrine Services
Effective Date: April 15, 2023.

Upon this date, Peregrine will deliver the Peregrine service to the customer by enabling access to the Peregrine platform and begin the delivery of associated implementation and support services.

Term: From the Effective Date through April 15, 2025 (“Initial Term”).

Service Fee: Unless otherwise terminated as set forth in the Terms and Conditions, Customer shall pay Peregrine a service fee of $150,000 annually for the Term as follows:
a. $150,000 within 30 days of Peregrine invoicing Customer on Effective Date b. $150,000 within 30 days of April 15, 2024
Customer has the option to continue the use of the Peregrine service for a service fee of $150,000 annually in three installments as follows:
c. $150,000 within 30 days of April 15, 2025
d. $150,000 within 30 days of April 15, 2026
e. $150,000 within 30 days of April 15, 2027

Users: Customer may allow an unlimited number of employees of the Salinas 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 as follows:

Type Vendor Notes
CAD Central Square Peregrine will integrate calls for service related to the Salinas PD jurisdiction assuming the data is made accessible by the County RMS Mark 43 N/A
ALPR Vigilant Peregrine will retain LPR reads for 30 days ALPR Flock Peregrine will retain LPR reads for 30 days
Body-worn, Vehicle
camera and Evidence
Axon N/A
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Peregrine services are provided subject to the terms set forth above on this Order Form together with the attached terms and conditions (the “Terms and Conditions,” and together with this Order Form, the “Agreement”). Any capitalized term used in this Order Form but not defined herein shall have the meaning ascribed to it in the Terms and Conditions. By signing this Order From, Peregrine and Customer each agree to the terms and conditions set forth in this Agreement. In the event of any conflict between this Order Form and the Terms and Conditions, the terms of this Order Form shall govern t o 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: City of Salinas:

By: By:

Name: Nicholas Noone Name: Steven S. Carrigan
Title: President & CEO Title: City Manager

Approved as to Form:

_______________________________
Christopher A. Callihan, City Attorney

Gunshot Detection ShotSpotter N/A
City and Pole Camera
VMS
Genetec N/A
Field Interview Database N/A N/A
City of Salinas ArcGIS
Layers

ESRI N/A
RMS Wintegrate This system houses legacy Salinas records. Peregrine will integrate records from Wintegrate relevant to the project scope.

Search Warrant Data N/A Peregrine will allow for import of this data Cal Detail and Mobile
Phone GPS Records
N/A Peregrine will allow for import of Call Detail and GPS records from major wireless communication service providers
Flexible tabular data
import and processing

N/A N/A
Salinas PD User
Credentials Database
MSFT Azure
AD
N/A

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 an SOW.

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.

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TERMS AND CONDITIONS

Appendix A: Peregrine Software License Agreement Terms and Conditions These Terms and Conditions govern the provision of the services described on the attached Order Form (“Order Form”) by Peregrine Technologies, Inc. (“Peregrine”) to you (“Customer”). By executing an Order Form with Peregrine, Customer agrees to be bound by these Terms and Conditions.

1. Definitions.
“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. “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 Services or otherwise in connection with this Agreement, including any databases Customer procures from third party vendors for Peregrine’s integration with the Service. “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.
“Professional Services” has the meaning specified in Section 2.2. “Service” means Peregrine’s web and iOS mobile applications that assist Users with criminal investigations and police leadership decision making. 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. “Users” means the individuals authorized by Customer to use the Service in accord ance 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, Peregrine shall provide Customer with the right to: (a) access and use the Service for up to the number of Users set forth in the Ord er Form, and (b) to download and reproduce the applicable Documentation solely for internal use in association with the Service. Peregrine shall provide Customer with authentication credentials for individual Users upon written request from authorized pers onnel 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 to Customer during normal business hours (“ Technical Support”). Except as set f orth 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 Tra ining 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.

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2.3. Access and Policies. Customer will permit Pereg rine 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 Custome r’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 Services hereunder. Peregrine shall also, 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.

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, gen etic 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 servi ces that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Peregrine thereby.

3. Use of Service.

3.1. Users. Customer may grant access to the Service to only the number and type of Users specified on the Order Form. Customers shall ensure that its Users do not share or transfer their User credentials to other Customer employees or any other individuals.

3.2. Customer Responsibilities. Customer is responsible for all activities that occur under Us er 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; and (d) 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.

3.3. Use Restrictions. Customer shall use the Service solely for its internal business purposes in accordance with this Agreement. Customer shall not, and shall ensure Users do not: (a) licens e, 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; or (f) attempt to gain unauthorized access to the Service or its related systems or networks.

3.4. CJIS Requirements. Customer certifies that it and its Users will comply with the following CJIS requirements: (a) Customer ag rees 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 a nd 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 Custome r-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 DocuSign Envelope ID: AEA5689C-4448-4B8C-97DF-87055BF80122 186
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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.

3.5. 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.

3.6. 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.

4. Fees & Payment.

4.1. Fees. Customer shall pay the fees for the Service as specified in the Order Form and in any SOWs.

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 T axes 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.

5.1. Peregrine Technology. The Service includes (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, including 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 un der this Agreement; and (d) the work product or other results of Professional Services (collectively, “Peregrine Technology”). Peregrine owns and shall retain all rights in the Peregrine Technology. Other than as expressly set forth Section 5.2 below, no l icense 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.

5.2. License Grant. Peregrine grants Customer, during the term of this Agreement, a worldwide, non-exclusive, non-transferable (except in accordance with Section 12.6), non-sublicenseable right to access and use the Service, and to permit the number and type of Users specified on the Order Form the right to access and use the Service during the terms of the applicable User subscriptions, in each case solely in accordance with the terms of this Agreement.

5.3. License Restrictions. Customer shall not (a) modify, copy or create derivative works based on the Service or Peregrine Technology; (b) create Internet “links” to or from the Service, or “frame” or “mirror” any content forming part of the Service, other than on Customer’s own intranets; or (c) disassemble, reverse engineer, or decompile the Service or Peregrine Technology, or (d) access the Service in order to (i) build a competitive product or service, (ii) build a product or service using similar ideas, features, functions or graphics of the S ervice, or (iii) copy any ideas, features, functions or graphics of the Service.

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 servi ces, 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.

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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 state-of-the-art access control technologies that meet or exceed CJIS requirements. In addition, Peregrine has installed and configured solid network intrusion prevention appliances for adherence to CJIS requirements.

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 o f 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.

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 the terms and conditions of this Agreement (including pricing and other terms reflected in the Order Form), the 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 prot ect 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 provide the Disclosing Party with prior notice of such compelled disclosure (to the extent practicable and legally permitted) a nd 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 with out 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. California Public Records Act . Peregrine acknowledges that Customer is a public entity governed by the California Public Records Act and that nothing in this Section 7 shall prevent Customer from disclosing Confidential Information for purposes of complying with the California Public Records Act.

7.5. Remedies. If the Receiving Party discloses or uses (o r 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, i t 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 p rofession 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, AND WITHOUT LIMITING PEREGRINE’S OBLIGATIONS SPECIFIED IN THIS AGREEMENT, 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.

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9. Indemnification.

9.1. General 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 (A) arising out of or in connection with Peregrine’s negligence or willful misconduct in the performance of the Services under this Agreement, or its failure to comply with any of its obligations contained in this Agreement, or its failure to comply with any applicable law or regulation, except to the extent any such claim is caused by the negligence or willful misconduct of Customer, or (B) alleging that the Service as provided to Customer hereunder infringes any U.S. 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); and (c) provides to Peregrine, at Peregrine’s cost, all reasonable assistance. 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, (iii) any combination of the Service with services or technologies not provided by Peregrine, or (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. If in Peregri ne’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 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. PERS Indemnification by Peregrine. In the event that Peregrine or any employee, agent, or subcontractor of Peregrine providing services under thi s 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, 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.

10. Limitation of Liability.

10.1. Exclusion of Consequential and Related Damages. 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 D AMAGE.

11. Term & Termination.

11.1. Term of Agreement. This Agreement commences on the Effective Date, upon which Peregrine will deliver the Peregrine service to the customer by enabling access to the Peregrine platform and begin the delivery of associated implementation and support services, 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. Notwithstanding the foregoing, if Customer terminates the Agreement pursuant to this Section 11.2 Peregrine will refund pro-rata share of Service Fee.

11.3. Data. Upon expiration or termination of this Agreement, Peregrine shal l 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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11.4. Survival. The following provisions shall survive termination or expiration of this Agreement: Sections 4, 5 (excluding Section 5.2), 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 B: 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 ma y 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. Conflict of Interest. 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. Peregrine shall not employ any Customer official in the work performed pursuant to this Agreement. No officer or employee of Customer shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.

12.4. Peregrine’s Books and Records . 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 the Peregrine to this Agreement. All such records shall be maintained in accordance with generally ac cepted standards and shall be made available for inspection, audit, and/or copying during regular business hours, upon written request of the Customer.

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.

12.5. Force Majeure. Neither party shall be liable by reason of any failure or delay in performance of its obligations under this Agreement (except for the payment of money) on account of events beyond the reasonable control of such party, which may include Internet denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, and material shortages (each, a “ Force Majeure Event ”). Upon the occurrence of a Force Majeure Event, the non -performing party will be excused from any further performance of its obligations affected by the Force Majeure Event for so long as the event continues and such party continues to use commercially reasonable efforts to resume performance.

12.6. 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.

12.7. Notices. All notices under this Agreement shall be in writing and shall be d eemed 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 at tention 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 equ ity. 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 su bstantially all of its stock or assets that relate to this Agreement. Any attempt by a party to assign its rights or obligations under this Agreement in breach DocuSign Envelope ID: AEA5689C-4448-4B8C-97DF-87055BF80122 190
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of this section shall be void and of no effect. Subject to the foregoing, this Agreement shall b ind 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 San Francisco County, CA or in the United States District Court for the Northern 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 S ection 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 a nd 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 provis ion 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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Appendix B: Insurance
Consultant, 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 Consultant’s bid or proposal. Consultant shall be fully responsible for the acts and omissions of its subcontractors or other agents.

Workers’ Compensation. Consultant 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 Consultant in the amount required by applicable law. The requirement to maintain Statutory Workers’ Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Consultant 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. Consultant, 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 cont emplated 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 Consultant 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. City, 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 Consultant, including mater ials, parts, or equipment furnished in connection with such work or operations; or automobiles owned, leased, hired, or borrowed by the Consultant. Coverage can be provided in the form of an endorsement to the Consultant’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 Consultant’s insurance covered shall be primary insurance as respects the City, its officers, officials, employees, agents, an d volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant’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. Consultant agrees to give at least 30 days prior written notice to City before coverage is canceled or modified as to scope or amount.

Professional Liability Insurance.

General requirements. Consultant, 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 Consultant’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. 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.

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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, Consultant 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 City for review prior to the commencement of any work under this Agreement.

All Policies Requirements.

Submittal Requirements. Consultant shall submit the following to City 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 P olices.

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 Consultant 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. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or n ot the City 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 City for all work performed by the Consultant, its employees, agents, and subcontractors.

Subcontractors. Consultant 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 Consultant shall ensure that City, its officers, officials, employees, agents, and volunteers are covered as additional insured on all coverages.

Excess Insurance. If Consultant maintains higher insurance limits than the minimums spe cified herein, City shall be entitled to coverage for the higher limits maintained by the Consultant.

Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, order Consultant to stop work under this Agreement and withhold any payment that becomes due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof, or terminate this Agreement.

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RESOLUTION NO. 22583 (N.C.S.)

A RESOLUTION AUTHORIZING SERVICE AGREEMENTS AND

DIRECT PURCHASE OF POLICE TECHNOLOGY SYSTEMS AND

EQUIPMENT

WHEREAS, the Salinas Police Department (SPD) has been awarded Federal Community Project Funding/Congressionally Directed Spending funds via a grant to be administered by the Department of Justice’s Office of Community Oriented Policing Services (COPS Office), in the amount of $1,165,000.00; and

WHEREAS, the grant will fund the agreements and/or direct purchases of technology components included within the Salinas Police Integrated Technology for Community Safety Project which will support community and officer safety; and

WHEREAS, pursuant to Salinas Municipal Code Sections 12-27 and 12-28.080, which provide for exceptions to competitive bid requirements, including purchase by negotiated contract and without exclusive low-bid based competition when, due to the nature of the purchase, low-bid based competition is not likely to serve the best interests of the city.

NOW THEREFORE BE IT RESOLVED that the Salinas City Council authorizes the execution of Agreements and/or direct purchases to support the implementation of the Salinas Police Integrated Technology for Community Safety Project, upon execution of the grant agreement specifically as follows:

Description and Vendor Quantity Not to Exceed Cost
Peregrine Technologies Agreement 3-years $450,000.00 total Mobile 3-Camera LPRs from Lehr Up to 30 $22,273.33 each Computers and Modems for In-Car Cameras from Lehr 10 $81,845.80 total Flock Safety Professional Services and Subscription 20 cameras (2 yrs) $107,000.00 total Project Not to Exceed Total: $1,165,000.00

BE IT FURTHER RESOLVED, that individual component agreement dates, costs and quantity may vary so long as duration, quantity and costs do not exceed amounts identified below, and total costs do not exceed the grant award of $1,165,000.00; therefore, the City Manager and the Purchasing Agent, upon approval of the City Attorney, are hereby authorized to complete the purchases identified in this Resolution and to take whatever further action may be necessary to effectuate the intent of this Resolution.

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PASSED AND APPROVED this 7th day of February 2023, by the following vote:

AYES: Councilmembers Barrera, Gonzalez, McShane, Osornio, Sandoval and Mayor Craig

NOES: Councilmember Rocha
ABSENT: None
ABSTAIN: None

APPROVED:

Kimbley Craig, Mayor

ATTEST:

Patricia M. Barajas, City Clerk
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RESOLUTION NO. 22583 (N.C.S.)

A RESOLUTION AUTHORIZING SERVICE AGREEMENTS AND

DIRECT PURCHASE OF POLICE TECHNOLOGY SYSTEMS AND

EQUIPMENT

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PASSED AND APPROVED this 7th day of February 2023, by the following vote:

AYES: Councilmembers Barrera, Gonzalez, McShane, Osornio, Sandoval and Mayor Craig

NOES: Councilmember Rocha
ABSENT: None
ABSTAIN: None

APPROVED:

Kimbley Craig, Mayor

ATTEST:

Patricia M. Barajas, City Clerk
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City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#26-186, Version: 1
Reallocation and appropriation of Home-ARP, National Opioid Settlement, and General Funds for Salinas Outreach and Response Team, Fairview Homekey Project, and Chinatown Navigation Operations
Approve a Resolution authorizing the reallocation and appropriation of $1,190,337 of HOME-American Rescue Plan (HOME-ARP) from the Housing Authority of the County of Monterey for the Fairview HomeKey Project, to support Salinas Outreach and Response Team (SORT) supportive services; and the reallocation of $1,190,337 of National Opioid Settlement Funds to the Housing Authority of the County of Monterey for the Fairview Homekey Project operations; and to increase an appropriation of $279,306 in revenue and $1,098,303 in expenses of National Opioid Settlement Funds to the Housing Authority of the County of Monterey; and the reallocation and appropriation of $200,000 of General Fund dollars from Downtown Streets Team in Division 3181 to extend operations of the Chinatown Navigation Center (CNC) operations; and the City Manager to execute Amendment No. 3 with Community Homeless Solutions to operate the CNC through May 30, 2026, and increase the total compensation by an additional $200,000 for an amount not to exceed $3,288,278.

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: MAY 5, 2026
DEPARTMENT: COMMUNITY DEVELOPMENT
FROM: LISA BRINTON, DIRECTOR
THROUGH: ORLANDO REYES, ASSISTANT DIRECTOR
BY: KAYSHLA LOPEZ, HOMELESS SERVICES MANAGER
TITLE: REALLOCATION AND APPROPRIATION OF HOME -ARP,

NATIONAL OPIOID SETTLEMENT, AND GENERAL FUNDS FOR

SALINAS OUTREACH AND RESPONSE TEAM , FAIRVIEW

HOMEKEY PROJECT , AND CHINAT OWN NAVIGATION

CENTER OPERATIONS

RECOMMENDED MOTION:

A motion to approve a Resolution authorizing:

1. The reallocation and appropriation of $1,190,337 of HOME-American Rescue Plan (HOME-ARP) from the Housing Authority of the County of Monterey for the Fairview HomeKey Project, to support Salinas Outreach and Response Team (SORT) supportive services; and

2. The reallocation of $1,190,337 of National Opioid Settlement Funds to the Housing Authority of the County of Monterey for the Fairview Homekey Project operations; and

3. To increase an appropriation of $279,306 in revenue and $1,098,3 03 in expenses of National Opioid Settlement Funds to the Housing Authority of the County of Monterey; and

4. The reallocation and appropriation of $200,000 from Downtown Streets Team in Division 3181 to extend operations of the Chinatown Navigation Center (CNC) operations; and

5. The City Manager to execute Amendment No. 3 with Community Homeless Solutions to operate the CNC through May 30, 2026, and increase the total compensation by an additional $200,000 for an amount not to exceed $3,288,278.

EXECUTIVE SUMMARY:

In February 2026, City Council allocated HOME -ARP funds through Resolution No. 2026 -023, to support services in the form of rental assistance at the Fairview Homekey Project. Since then, the Housing Authority of Monterey County (HACM) has identified an allocation of 20-year Project Based Vouchers (PBV) for the Fairview Project as of April 2026. Due to federal funding restrictions, the PBV rental assistance cannot be commingled with other federal funding (HOME- 199
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ARP) for tenant rental assistance. Approval of the proposed reallocations and appropriations matches grant and General Fund dollars to support Fairview Homekey Project (Fairview), Salinas Outreach and Response Team (SORT) and Chinatown Navigation Center operations addresses this concern.

BACKGROUND:

On March 21, 2023, the City Council approved Resolution No. 22620, adopting the HOME-ARP Allocation Plan, prioritizing permanent supportive housing and supportive services for individuals experiencing homelessness. Subsequently, on February 24, 2026, City Council allocated HOME- ARP funds through Resolution No. 2026-023, to support services in the form of rental assistance at the Fairview Home key Project (Fairview), a permanent supportive housing site. Fairview consists of 46 studio units currently owned by the Housing Authority of the County of Monterey and serves individuals experiencing homelessness, including those with behavioral health and other complex needs.

The Housing Authority of Monterey County and the City of Salinas meet regularly in preparation for the lease-up of Fairview and launch of supportive services. During a recent meeting, HACM notified the City of its intent to apply PBVs to the Fairview Project. As of April 2026, HACM has submitted a 20-year Project Based Voucher Housing Assistance Payments Contract to support the Fairview Project.

After speaking with HUD representatives, City staff confirmed that HOME-ARP funds cannot be used for ongoing operating costs at Fairview under the approved activity structure. Due to federal funding limitations, PBVs and HOME-ARP cannot be layered for the same eligible cost of rental assistance. To avoid delays and maintain compliance, City staff developed a funding reallocation strategy. Staff propose to reallocate funding with eligible uses as shown in Table 1 below:

Table 1
Proposed Funding
Project Current Funding Source Proposed Alternate
Funding Source
Fairview Homekey operations HOME-ARP Opioid Settlement Funds Salinas Outreach and Response
Team (SORT) operations
National Opioid
Settlement Funds

HOME-ARP
Chinatown Navigation Center
Operations
N/A DST (3181) General Fund
The available National Opioid Settlement Funds provide the necessary flexibility to support ongoing operations at the Fairview Homekey Project, including housing stabilization and services for residents with behavioral health and substance use needs. Given that the Fairview popu lation includes individuals experiencing homelessness with high rates of mental health and substance use disorders, the use of National Opioid Settlement Funds is both appropriate and aligned with the intent of the funding to address the impacts of the opioid crisis. 200
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The proposed funding reallocation and appropriation also supports the City’s HOME -ARP Allocation Plan by prioritizing investment in eligible supportive services through SORT while ensuring that permanent supportive housing operations at Fairvi ew remain adequately resourced.

No substantial amendment is required.

The City previously anticipated the closure of the Chinatown Navigation Center in alignment with of the Fairview Homekey Project, as clients being served at the CNC are intended to be housed at the Fairview property . However, delays in the lease of Fairview has created the need to extend operations to prevent gaps in sheltering current tenants.

City staff recommend extending CNC operations through May 30, 2026, utilizing up to $200,000 in available unused funds that were originally appropriated to the Downtown Streets Team (DST) program after DST ceased operations in late 2025 . This extension will maintain critical shelter capacity during the transition period, prevent returns to unsheltered homelessness, and support continued housing placements into Fairview and other available resources.

During this period, CNC operations will be adjusted to focus on core shelter services, ensuring safety and basic needs are met, while continuing housing navigation and referral coordination.

Services will be aligned with a transition -focused approach to support clients in securing stable housing outcomes as units at Fairview become available.

CEQA CONSIDERATION:

Not a Project . The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

CALIFORNIA GOVERNMENT CODE §84308 APPLIES:

No.

STRATEGIC PLAN INITIATIVE:

This action supports the City Council Strategic Plan Housing strategy of promoting housing stability and supportive services to individuals experiencing homelessness. Approving this initiative will strengthen system coordination through the Salinas Outreach and Response Team (SORT) and will ensure continuity of shelter and housing resources during the transition period associated with the Fairview Homekey Project.

DEPARTMENTAL COORDINATION:

This agenda item was prepared by the Community Development Department in Coordination with the City Attorney , Finance Department and the Housing Authority of the County of Monterey (HACM).

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FISCAL AND SUSTAINABILITY IMPACT:

The recommended action authorizes the reallocation of $1,190,337 in HOME-ARP funds from the Fairview Homekey Project to support eligible sup portive services provided through the Salinas Outreach and Response Team (SORT), and the corresponding reallocation of approximately $1,098,303 in National Opioid Settlement Funds collected to -date and fund balance available for FY 2025-2026 to support the Fairview Homekey Project operations. The remaining $92,034 in National Opioid Settlement funds will be appropriated through the FY 2026 -2027 budget.

Additionally, this action authorizes the use of up to $200,000 in existing unused program funds, originally appropriated for DST, to extend operations of the Chinatown Navigation Center (CNC) through May 30, 2026. There is no additional fiscal impact on the General Fund.

Fund General Ledger Number
(Operating/CIP)
General Ledger Account Name Remaining Budget
Appropriation
Amount
Requested
2931 30.3240-69.1240 Financial Assistance CASP $2,485,337 ($1,190,337) 2931 30.3242-Salaries & Benefits Salaries and Benefits $0 $1,190,337 2514 00.0000-54.8010 Use of money and property Investment Earnings $0 $43,389
2514 00.0000-55.4550 Intergovernmental Opioids Settlement Fund OSF $0 $235,917
2514 30.3240-69.1680 Financial Assistance Housing Authority $0 $1,098,303 1000 30.3181-63.6010 Outside Services Other Outside Services $513,323 ($200,000) 1000 30.3181-69.1262 Financial Assistance Community
Homeless Solutions $0 $200,000

ATTACHMENT:

Resolution Authorizing Funding Reallocation and CNC Appropriation

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RESOLUTION NO. (N.C.S.)

REALLOCATION AND APPROPRIATION OF HOME-ARP, NATIONAL OPIOID

SETTLEMENT, AND GENERAL FUNDS FOR SALINAS OUTREACH AND

RESPONSE TEAM, FAIRVIEW HOMEKEY PROJECT, AND CHINATOWN

NAVIGATION CENTER OPERATIONS

WHEREAS, on March 21, 2023, the City Council adopted Resolution No. 22620 approving the HOME -American Rescue Plan (HOME -ARP) Allocation Plan to support individuals experiencing homelessness; and

WHEREAS, on February 24, 2026, the City Council approved Resolution No. 2026-023 allocating HOME-ARP funds to support services in the form of rental assistance for the Fairview Homekey Project; and

WHEREAS, the Fairview Homekey Project provides permanent supportive housing for individuals experiencing homelessness, including those with behavioral health and substance use needs and is currently owned by the Housing Authority of the County of Monterey; and

WHEREAS, the Housing Authority of the County of Monterey notified the City of its intent to apply for Project Based Vouchers to sustain the program; and

WHEREAS, HOME-ARP funds, as currently structured, are not eligible for ongoing operating costs for the Fairview Homekey Project as Project Based Vouchers cannot be layered with HOME-ARP funds for the same eligible cost; and

WHEREAS, the National Opioid Settlement Funds provide the necessary flexibility to support ongoing operations at the Fairview Homekey Project including housing stabilization and services for residents with behavioral health and substance use needs; and

WHEREAS, given that the Fairview population includes individuals experiencing homelessness with high rates of mental health and substance use disorders, the use of National Opioid Settlement Funds is both appropriate and aligned with its intent to address the impacts of the opioid crisis; and

WHEREAS, the City previously anticipated the closure of the Chinatown Navigation Center in alignment with the Fairview Homekey Project, as clients being served are intended to be housed at the Fairview property , however, delays in lease -up have created the need to extend operations to prevent gaps in sheltering current tenants; and

WHEREAS, the City desires to allocate the HOME-ARP funds to eligible supportive services provided through the Salinas Outreach and Response Team (SORT), while reallocating National Opioid Settlement Funds to support Fairview Homekey Project operations, and increase the agreement with Community Ho meless Solutions to extend operations of t he Chinatown Navigation Center through May 30, 2026 , using General Funds originally appropriated for Downtown Streets Team services; and
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WHEREAS, the City Council finds that the proposed action is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council hereby authorizes the reallocation of and appropriation of $1,190,337 of HOME-American Rescue Plan (HOME-ARP) from the Housing Authority of the County of Monterey for the Fairview Homekey Project, to support Salinas Outreach and Response Team (SORT) supportive services.

BE IT FURHTER RE SOLVED that the Salinas City Council hereby authorizes the reallocation of $1,190,337 of National Opioid Settlement Funds to the Housing Authority of the County of Monterey for the Fairview Homekey Project operations.

BE IT FURHTER RESOLVED that the Salinas City Council hereby authorizes to increase an appropriation of $279,306 in revenue and $1,098,303 in expenses of National Opioid Settlement Funds to the Housing Authority of the County of Monterey.

BE IT FURHTER RESOLVED that the Salinas City Council hereby authorizes the reallocation and appropriation of $200,000 of General Fund dollars from Downtown Streets Team in Division 3181 to extend operations of the Chinatown Navigation Center (CNC) operations; and

BE IT FURHTER RESOLVED that the Salinas City Council hereby authorizes the City Manager to execute Amendment No. 3 with Community Homeless Solutions to operate the CNC through May 30, 2026, and increase the total compensation by an additional $200,000 for an amount not to exceed $3,288,278.

PASSED AND APPROVED this 5th day of May 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

_______________________
Dennis Donohue, Mayor

ATTEST:

_________________________
Patricia M. Soratos, City Clerk
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Page 1 of 2 ends

Version: July 2024

AMENDMENT NO. 2 TO

THE AGREEMENT FOR PREFESSIONAL SERVICES BETWEEN THE CITY AND BFS LANDSCAPE ARCHITECTS

RECITALS

WHEREAS, the City and Contractor desire to amend the Agreement to reflect the term of the Agreement, additional services and compensation.

NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:

TERMS

1. Section 2 of the Agreement is hereby amended to read as follows:

2. Section 3 of the Agreement is hereby amended to read as follows:

3. All other covenants, terms, and conditions set forth in the Agreement and not amended by this Amendment shall remain in full force and effect as if fully set forth herein.

IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Contractor have entered into this Agreement as of the date first written above.

CITY OF SALINAS

___________________________________
René Mendez, City Manager

Docusign Envelope ID: 468C0627-6499-4857-B1F7-7C92F0E9DE86 176205

Page 2 of 2 ends

Version: July 2024

APPROVED AS TO FORM:

___________________________________
□ Christopher A. Callihan, City Attorney
□ Rhonda Combs, Assistant City Attorney

BFS LANDSCAPE ARCHITECTS

____________________________________
Printed name: ________________________
Title: ________________________________
Docusign Envelope ID: 468C0627-6499-4857-B1F7-7C92F0E9DE86 President
Larry Foster

177206

Page 1 of 1 ends

Version: November 2023

AGREEMENT —AMENDMENT NO. 1 TO

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF SALINAS AND BFS LANDSCAPE ARCHITECTS (BFS)

RECITALS

WHEREAS, the City and Contractor desire to amend the Agreement to reflect additional work that will be completed and by increasing the agreement compensation by $73,200 for El Gabilan Tot-Lot.

NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:

TERMS

1. The total amount of compensation to be paid under the Agreement hereby increased by $73,200. The total amount of compensation to be paid under this Amended Agreement shall not exceed $1,828,589.

2. All other covenants, terms, and conditions set forth in the Agreement and not amended by this Amendment shall remain in full force and effect as if fully set forth herein.

IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Contractor have entered into this Agreement as of the date first written above.

CITY OF SALINAS

___________________________________
Jim Pia, Interim City Manager

APPROVED AS TO FORM:

___________________________________
□ Christopher A. Callihan, City Attorney
□ Rhonda Combs, Assistant City Attorney

BFS LANDSCAPE ARCHITECTS

Salinas City CouncilMay 5, 2026

Salinas City Council
May 5, 2026