FY 2023 SAFECOM Guidance on Emergency Communications Grants 41 7. Funding Sources
Applicants should consider all available funding sources, including traditional grants to help fund initial capital investments or improvements to communications systems, as well as other sources of funding that may partially fund emergency communications projects.
Traditional Grant Funding
CISA is charged with coordinating federal grants funding emergency communications. Through its work with the ECPC Grants Focus Group, CISA identified more than 60 federal grants and loans that fund emergency communications in the past fiscal year.78 When applying for these funds, grant applicants are encouraged to:
• Identify current grant funding available and alternative sources of funding • Review eligibility requirements, program goals, and allowable costs • Understand what past grants have funded in your jurisdiction • Partner with entities eligible to receive other funding sources Other Sources of Federal Funding
While SAFECOM Guidance traditionally covers federal financial assistance programs, there are other grant and loan programs that can provide extensive funding for state, local, tribal, and territorial public safety communications needs. For example, the U.S. Department of Agriculture (USDA) Rural Utility Service integrated interoperable emergency communications and 911 upgrade authority in its Telecommunications Loan Program, and loans and grants from USDA Rural Development’s Community Facilities Program provided critical funding for emergency communications projects. While loans offer an alternative to traditional grants, applicants should work with financial experts to understand loan terms and ensure their proposals meet all requirements under each program.
Also, there are several federal programs that are not solely focused on public safety communications (e.g., Rural Telecommunications and Rural Electrification Programs). These programs can improve access to 911 services; provide all-hazards warnings; improve integration and interoperability of emergency communications; provide critical infrastructure protection and outage prevention; and increase the reliability of standby power to emergency responders. Applicants are encouraged to identify additional funding sources, such as rural grants and loans, and work with eligible entities for those programs to improve communications infrastructure.
78 For an updated list of federal grants and loans that fund emergency communications, see: cisa.gov/safecom/funding.
Applicants can find and search grants and loans at: grants.gov.
FY 2023 SAFECOM Guidance on Emergency Communications Grants 42 Funding and Sustainment Resources
CISA, SAFECOM, and NCSWIC publish numerous resources for state, local, tribal, and territorial governments and their public safety agencies to identify funding mechanisms for emergency communications projects. The following list includes educational documents and tools designed for stakeholders, available on the SAFECOM Funding Resources webpage. • Funding Mechanisms Guide for Public Safety Communications, assists public safety agencies in identifying funding sources for emergency communications projects. It highlights strengths, challenges, opportunities, and other considerations for funding sources to help agencies determine if certain mechanisms are suitable for their community. The guide also provides funding examples from states and localities, showcasing challenges and successes associated with real-world applications. • Emergency Communications System Lifecycle Planning Guide and the Lifecycle Planning Tool, aids stakeholders in their efforts to fund, plan, procure, implement, support, and maintain public safety communications systems, and eventually to replace and dispose of system components. • Emergency Communications Systems Value Analysis Guide and the accompanying Understanding the Value of Public Safety Communications Systems: A Brochure for Elected Officials and Decision-Makers, assist public safety agencies in evaluating communications systems and equipment for cost-effectiveness and value to its users. Materials describe common system components, including considerations and features required by public safety agencies that are unique to specific roles.
• Funding and Sustaining LMR: Materials for Decision Makers, provides an overview of radio systems, including information on their importance to public safety communications, as well as challenges to consider when upgrading systems.
o Funding and Sustaining LMR Trio, Part 1: Educating Decision-Makers on LMR Fundamentals, includes information on basic LMR system components such as simple diagrams, terminology, history, and current usage of LMR technologies by public safety agencies. o Funding and Sustaining LMR Trio, Part 2: Educating Decision-Makers on LMR Technology Issues, provides information about emerging technologies and the impact such technologies will have on LMR systems as they evolve. Information includes the LMR-to-LTE transition, and the need to sustain mission-critical voice through such transitions. o Funding and Sustaining LMR Trio, Part 3: Educating Project and Acquisition Managers on Project 25, delivers an introduction to standards-based purchasing, and an overview of the P25 standard explaining its importance to public safety interoperability. o Funding and Sustaining LMR Systems Brochure, serves as a tri-fold handout for state, local, tribal, and territorial government decision-makers and elected officials to explain the importance of funding and sustaining public safety radio systems. o Promoting the Importance of Funding and Sustaining LMR Action Memorandum, urges decision-makers to support the funding and sustainment of LMR systems. To help decision- makers justify these purchases, the memorandum summarizes best practices from the LMR Trio and provides a list of resources for more information. • Interoperability Business Case: An Introduction to Ongoing Local Funding, advises the community on the elements needed to build a strong business case for funding interoperable communications. • Contingency Considerations When Facing Reductions in Emergency Communications Budgets, provides a series of contingency considerations to justify investment in four mission-critical resource categories: personnel, operating costs, equipment, and software. • Contingency Planning Guide for Emergency Communications Funding, provides a comprehensive look at the considerations public safety officials must weigh when planning for or facing budget reductions and recommends actions to take before, during, and after budget cuts.
FY 2023 SAFECOM Guidance on Emergency Communications Grants 43 In addition, public safety agencies may reference materials on the SAFECOM Technology Resources and SAFECOM P25 Resources webpages to inform planning and funding for emergency communications projects.
• The Funding and the Future of P25 Video, is an overview of the value and advantages of P25 as a long-term investment in a community’s public safety. Presented through interviews of emergency communications practitioners and managers nationwide, the six-minute video focuses on the features and comparative costs of P25 standards-based systems versus non-P25 systems, the practical value of P25 technology in public safety operations, and recommendations for funding P25. Looking ahead, the presenters discuss the current states of P25 and LTE broadband technology, emphasizing the durability, transmitting power, one-to-many communication, and emergency push-to-talk features of P25 radios. Their conclusion: P25 and LTE are not exclusive options but likely complementary components of public safety communications in the future.
FY 2023 SAFECOM Guidance on Emergency Communications Grants A-1
Appendix A – Acronym List
3GPP Third Generation Partnership Project
AAR After-Action Report
AEL Authorized Equipment List
AES Advanced Encryption Standard
ANSI American National Standards Institute
ATIS Alliance for Telecommunications Industry Solutions, Inc.
AUXCOMM Auxiliary Communications
AWN Alerts, Warnings, and Notifications
CAP Common Alerting Protocol
CAPRAD Computer Assisted Pre-Coordination Resource and Database CASM Communication Assets Survey and Mapping
CDM Continuous Diagnostics and Mitigation
CFR Code of Federal Regulations
CIO Chief Information Officer
CISA Cybersecurity and Infrastructure Security Agency
CISO Chief Information Security Officer
CJIS Criminal Justice Information Services
CEQR Council on Environmental Quality Regulations
COLT Cell on Light Trucks
COML Communications Unit Leader
COMSEC Communications Security
COMT Communications Technician
CONOPS Concept of Operations
COW Cell on Wheels
CSIRT Computer Security Incident Response Team
CSRIC Communications Security Reliability and Interoperability Council CSSI Console Subsystem Interface
CSSP Communications Sector-Specific Plan
DE Distribution Element
DES-OFB Data Encryption Standard-Output Feedback
DHS Department of Homeland Security
EAS Emergency Alert System
ECC Emergency Communications Center
ECPC Emergency Communications Preparedness Center
EDXL Emergency Data eXchange Language
EHP Environmental Planning and Historic Preservation
FY 2023 SAFECOM Guidance on Emergency Communications Grants A-2
EO Executive Order
EPC Evolved Packet Core
ETSI European Telecommunications Standards Institute
FCC Federal Communications Commission
FEMA Federal Emergency Management Agency
FIPS Federal Information Processing Standards
FirstNet Authority First Responder Network Authority
FY Fiscal Year
GETS Government Emergency Telecommunications Service
GFIPM Global Federated Identity and Privilege Management GRA Global Reference Architecture
GSMA Groupe Speciale Mobile Association
HAVE Hospital Availability Exchange
HF High Frequency
HSEEP Homeland Security Exercise and Evaluation Program HSPD Homeland Security Presidential Directive
ICAM Identity, Credential, and Access Management
ICO Implementation Coordination Office
ICS Incident Command System
IDS Intrusion Detection
IEC International Electrotechnical Commission
IEEE Institute of Electrical and Electronics Engineers
IEP Information Exchange Package
IEPD Information Exchange Package Documentation
IETF Internet Engineering Task Force
INCM Incident Communication Center Manager
INTD Incident Tactical Dispatcher
IP Internet Protocol
IPAWS Integrated Public Alert and Warning System
IPS Intrusion Prevention
IS Independent Study
ISE Information Sharing Environment
ISO International Organization for Standardization
ISSI Inter Radio Frequency Subsystem Interface
IT Information Technology
ITSL Information Technology Service Unit Leader
ITU International Telecommunications Union
LMR Land Mobile Radio
FY 2023 SAFECOM Guidance on Emergency Communications Grants A-3
LTE Long-Term Evolution
MFA Multi-Factor Authentication
MHz Megahertz
MOA Memorandum of Agreement
MOU Memorandum of Understanding
NAC National Advisory Council
NASNA National Association of State 911 Administrators
NCCIC National Cybersecurity and Communications Integration Center NCSWIC National Council of Statewide Interoperability Coordinators NECP National Emergency Communications Plan
NENA National Emergency Number Association
NEP National Exercise Program
NERC North American Electric Reliability Corporation
NG-SEC NENA Security for NG911 Standard
NHTSA National Highway Traffic Safety Administration
NIFOG National Interoperability Field Operations Guide
NG911 Next Generation 911
NIEM National Information Exchange Model
NIMS National Incident Management System
NIPP National Infrastructure Protection Plan
NIST National Institute of Standards and Technology
NISTIR NIST Internal/Interagency Reports
NOAA National Oceanic and Atmospheric Administration
NOFO Notice of Funding Opportunity
NPSBN Nationwide Public Safety Broadband Network, or FirstNet NRI National Risk Index
NTIA National Telecommunications and Information Administration OASIS Organization for the Advancement of Structured Information Standards OGC Open Geospatial Consortium
OMA Open Mobil Alliance
OMB Office of Management and Budget
P25 Project 25
P25 CAP P25 Compliance Assessment Program
PMO Project Management Office
POETE Planning, Organization, Equipment, Training, and Exercises PPD Presidential Policy Directive
PSAP Public Safety Answering Point
PSCR Public Safety Communications Research
FY 2023 SAFECOM Guidance on Emergency Communications Grants A-4
PSHSB Public Safety & Homeland Security Bureau
PTIG Project 25 Technology Interest Group
RADO Radio Operator
RAN Radio Access Network
RECCWG Regional Emergency Communications Coordination Working Group RECP Regional Emergency Communications Plans
RF Radio Frequency
RFI Request for Information
RM Resource Messaging
SAA State Administrative Agency
SAME Specific Area Message Encoding
SCIP Statewide Communication Interoperability Plan
SCSI Shared Communication Systems and Infrastructure
SDO Standard Development Organization
SHARES Shared Resources
SIGB Statewide Interoperability Governing Body
SIEC State Interoperability Executive Committee
SLIGP State and Local Implementation Grant Program
SOP Standard Operating Procedure
SoR Statement of Requirements
SPR Stakeholder Preparedness Review
SWIC Statewide Interoperability Coordinator
TDoS Telephone Denial of Service
TFOPA Task Force on Optimal Public Safety Answering Point Architecture THIRA Threat and Hazard Identification and Risk Assessment TIA Telecommunications Industry Association
TICP Tactical Interoperable Communications Plan
TSP Telecommunications Service Priority
UHF Ultra High Frequency
USDA United States Department of Agriculture
URT Unified Reporting Tool
US-CERT U.S. Computer Emergency Readiness Team
VHF Very High Frequency
VoIP Voice over Internet Protocol
W3C World Wide Web Consortium
WEA Wireless Emergency Alerts
WPS Wireless Priority Service
XML Extensible Markup Language
FY 2023 SAFECOM Guidance on Emergency Communications Grants B-1
Appendix B – Technology and Equipment Standards and Resources This appendix provides grant applicants and recipients with operational best practices, technical standards, and resources to reference when developing communications systems. Above all, grant recipients should purchase standards-based technologies and equipment that promote interoperability with partners.
How to Use this Appendix
When procuring communications infrastructure, there are overarching considerations, guidelines, and specific standards to follow. No single document could include everything public safety communications system planners need to know. However, this appendix lists accredited technical standards applicable to public safety communications systems and resources for additional information. The following topics are included in this appendix:
System Lifecycle Planning.................................................................... B-1 Cybersecurity ......................................................................................... B-3 Continuity and Resilience ..................................................................... B-7 Land Mobile Radio ............................................................................. B-10 Nationwide Public Safety Broadband Network ................................. B-14 Alerts, Warnings, and Notifications ................................................... B-16 911 Systems ......................................................................................... B-18 Data Exchange and Information Sharing Environment .................. B-21
System Lifecycle
Planning
Grant recipients should employ best practices and recommendations from the 2018 Emergency Communications System Lifecycle Planning Guide The Cybersecurity and Infrastructure Security Agency (CISA), in collaboration with SAFECOM and the National Council of Statewide Interoperability Coordinators (NCSWIC), developed the Emergency Communications System Lifecycle Planning Guide, which provides recommended actions through easy- to-use checklists for each phase of the system lifecycle planning model. It is intended for stakeholders to use in their efforts to fund, plan, procure, implement, support, and maintain public safety communications systems, and eventually replace and dispose of system components.
Each phase of the system lifecycle planning model—Pre-Planning; Project Planning; Request for Proposals and Acquisition; Implementation; Support, Maintenance, and Sustainment; End-of-Lifecycle Assessment and Replacement; and Disposition—includes best practices, considerations, and recommended checklists to assist public safety agencies embarking on system lifecycle planning.
Specifically, the checklists are designed to be torn-out, referenced, and used by project management teams throughout the system lifecycle. Table B-1 summarizes the system lifecycle planning model phases and high-level recommendations contained in the 2018 Emergency Communications System Lifecycle Planning Guide. Reference the guide for additionalrecommendations.
FY 2023 SAFECOM Guidance on Emergency Communications Grants B-2
Table B-1. System Lifecycle Planning Model and Recommendations Summary Planning Model Recommendations
Phase 1: Pre-Planning
Timing: 6–12 months
Goals: Inform and secure the
decision to replace, upgrade,
maintain, dispose of, and/or
acquire a new system
• Establish the core planning team
• Research and develop system and funding options
• Decide on the optimal and alternative solutions with funding options • Plan for frequency needs and channel programming
• Develop a business case, presentation materials, and strategic plan • Identify a legislative- or executive-level project champion • Present to decision-makers and secure funding to support the initial build-out and sustain the system throughout the entire lifecycle Phase 2: Project Planning
Timing: 6–18 months
Goals: Formalize the project
team; identify operational and
technical requirements for
system replacement and
upgrade; and develop the
project plan
• Consider the length of the planning process and communicate expected timeframes to elected officials
• Collect user needs and requirements and incorporate into project plans • Engage with communications leaders early for guidance and support (e.g., Statewide Interoperability Coordinators [SWIC], Statewide Interoperability Governing Bodies [SIGB])
• Identify strong Project Sponsors (e.g., state or local elected officials) • Begin planning the Request for Proposals (RFP)
Phase 3: RFP and Acquisition
Timing: 6–12 months
Goals: Select the appropriate
procurement vehicle and acquire
systems, components, and
services
• Develop a written action plan
• Form the RFP team
• Develop the Statement of Work (SOW)
• Include specifications, requirements, and standards compliance in RFP • Establish written evaluation criteria, well before the award • Conduct a formal objective review process and document results Phase 4: Implementation
Timing: 12–18 months
Goals: Develop an
implementation plan; install new
systems; test; train users; and
transition from legacy to new
• Develop the implementation plan
• Understand and document testing procedures (e.g., factory testing, staging, site installation and testing, coverage verification, compliance and interoperability testing and acceptance, cut-over, final acceptance) • Update operational procedures and train users
• Promote new communications capabilities and benefits to the community Phase 5: Support, Maintenance
and Sustainment
Timing: Year(s) 1–25
Goals: Inventory and maintain
equipment; manage budget;
assess and communicate needs
• Maintain an accurate inventory of equipment (e.g., scope, database tool, inventory team, processes to compile and secure data)
• Determine and execute an ongoing maintenance and operations model • Manage the budget when the project is conceived, directly before it is funded and after delivery
• Share communications needs with decision-makers early and continually Phase 6: End-of-Lifecycle
Assessment and Replacement
Timing: Years 7–25
Goals: Determine when to
replace systems or components
with solutions to best fit
operational and technical needs
• Conduct ongoing assessments of current system (e.g., implement a balanced scorecard) to plan for technology maturity
• Refresh or upgrade systems, as needed, to extend the life • Determine potential replacement solutions, with consideration to support national, state, and regional interoperability initiatives; consider early adoption of new technologies; and, adhere to widely-used technical standards
Phase 7: Disposition
Timing: 90 days after cut-over or
transition
Goals: Determine options and
dispose of legacy systems or
components
• Develop the disposition plan
• Determine options (e.g., reuse or repurpose old components, consider space availability, convey surplus equipment to partner agencies) in consideration of legal or policy limitations, and business requirements • Brief leaders on disposition plans
• Identify lessons learned following disposition
FY 2023 SAFECOM Guidance on Emergency Communications Grants B-3
Cybersecurity
Grant recipients should implement the NIST Cybersecurity Framework and take advantage of existing cybersecurity standards, guidance, tools, and resources
The public safety community must continually identify risks and address evolving security requirements.
Emergency communications cybersecurity is a shared mission across all levels of government, the private sector, nongovernmental organizations, and even the public. To protect emergency communications from cyber threats and attacks, recipients will need to invest in solutions that enhance cybersecurity posture.
Cybersecurity must be addressed through planning, governance, and technology solutions that secure networks. Recipients should ensure cybersecurity planning is comprehensive and maintained throughout the lifecycle of all network components. Cybersecurity risk management should also include updates to non-technology support activities, such as mutual aid agreements, standard operating procedures, and policy development. Personnel should be trained on the latest security, resiliency, continuity and operational practices and maintain in-service training as new technology and methods become available.
Despite every effort, cyber incidents can and do occur. Being prepared to execute response processes and procedures, prevent expansion of the event, mitigate its effects, and eradicate the incident is necessary.
Incident response plans, recovery or resiliency plans, and continuity of operations plans are useful in cybersecurity incident response. Recovery planning processes and strategies are improved by incorporating lessons learned into future activities.
Cybersecurity Framework
The National Institute of Standards and Technology (NIST) developed the Framework for Improving Critical Infrastructure Cybersecurity (Cybersecurity Framework) as a flexible and voluntary risk-based approach that outlines techniques to secure critical infrastructure. Recipients are strongly encouraged to implement NIST’s framework to complement an existing risk management process or to develop a credible program if one does not exist. In addition to NIST materials, sector-specific Cybersecurity Framework guidance is available from CISA.
The NIST Cybersecurity Framework establishes five functions to integrate cybersecurity into mission functions and operations, including: 1) identify, evaluate, and prioritize risks; 2) protect against identified risks; 3) detect risks to the network as they arise; 4) deploy response capabilities to mitigate risks; and 5) establish recovery protocols to ensure the resiliency and continuity of communications. CISA’s Emergency Services Sector has developed tailored guidance specific to emergency service disciplines, including a NIST Framework implementation guide with a repeatable process to identify and prioritize cybersecurity improvements.79
There is considerable cybersecurity guidance available from government, industry, and academic organizations and a multitude of standards development organizations (SDOs) that contribute to technical standards and best practices. Organizations managing critical infrastructure will continue to have unique risks―different threats, different vulnerabilities, and different risk tolerances—and how they implement the standards and guidance available will vary. There is currently no one-size-fits-all network cybersecurity solution. Table B-2 lists some of the potentially-applicable standards for cybersecurity that recipients should leverage as they identify and select the standards that fit their system and mission needs. Table B-3 lists cybersecurity resources for additional information. While these lists are not exhaustive, they include some of the more comprehensive guidance for the public safety community.
79 Suggested resources include the 2020 ESS Cybersecurity Framework Implementation Guidance and 2014 ESS Roadmap to Secure Voice and Data Systems.
FY 2023 SAFECOM Guidance on Emergency Communications Grants B-4
Table B-2. Cybersecurity Standards
Organizations Standards
Third Generation
Partnership Project
(3GPP) Security
Standards
3GPP’s security working group, SA3, is continuously updating security standards associated with prevalent technologies. Specifically, the group is addressing 3GPP standards for network access security, network domain security, user domain security, application domain security, and user configuration and visibility of security is important for critical infrastructure implementations. 3gpp.org.
American National
Standards Institute
(ANSI) / International
Society of Automation
(ISA)
ANSI/ISA standards focus on automation and control systems solutions. The NIST Cybersecurity Framework recommends two ANSI/ISA standards for use:
ANSI/ISA-62443-2-1 (99.02.01)-2009 and ANSI/ISA-62443-3-3 (99.03.03)-2013.
Also, outputs of the Alliance for Telecommunications Industry Solutions (ATIS) Emergency Services Interconnection Forum, Next Generation Interconnection Interoperability Forum, and Wireless Technologies and Systems Committee are important to the public safety community. isa.org
Criminal Justice
Information Services
(CJIS) Security Policy
CJIS standards contain information security requirements, guidelines, and agreements reflecting the will of law enforcement agencies for protecting the sources, transmission, storage, and generation of Criminal Justice Information. fbi.gov/about-us/cjis/cjis-security-policy-resource-center.
European
Telecommunications
Standards Institute
(ETSI)
ETSI Telecommunications & Internet converged Services & Protocols for Advanced Networks (TISPAN) has been a key standardization body in creating Next Generation Network (NGN) specifications, and their Cyber Security committee focuses entirely on privacy and security activities. Of note for emergency communications are the ETSI TS 102, 123, 182, and 282 series. etsi.org.
Federal Information
Processing Standards
(FIPS)
FIPS establishes the minimum security requirements for federal information systems. nist.gov/itl/popular-links/federal-information-processing-standards-fips.
Health Insurance
Portability and
Accountability Act of
1996 (HIPAA)
Legislation enacted by Congress in 1997 to streamline medical regulations, privacy considerations, and the efficiency and security of medical care. The standards/rules associated with HIPAA address some of the NIST Cybersecurity Framework functions. hhs.gov/hipaa/index.html.
International
Organization for
Standardization (ISO) /
International
Electrotechnical
Commission (IEC)
Standards
The ISO/IEC 27000 series of standards provide a foundation for information security management best practices. Of interest to emergency communication networks may be ISO/IEC 27001, ISO/IEC 27003, ISO/IEC 27002, ISO/IEC 27032, and ISO/IEC 17799. iso.org/home.html.
Institute of Electrical and
Electronics Engineers
(IEEE)
IEEE produces sector-specific security standards, as well as industry guidance.
Of interest to networks may be the 802, 1363, and 1619 series, as well as C37.240-2014 IEEE Standard Cybersecurity Requirements for Substation Automation, Protection, and Control Systems. ieee.org.
International
Telecommunication
Union (ITU)
A fundamental role of ITU is to build confidence and security in the use of Information and Communication Technologies. Of note for emergency communications networks include X.800, X.805, and X.1051. itu.int/en/Pages/default.aspx.
Internet Engineering
Task Force (IETF)
IETF Working Groups are the primary mechanism for development of IETF standards. IETF Working Groups currently have more than 600 standards regarding security mechanisms, integrity mechanisms, network layer security, transport layer security, application layer security, encryption algorithms, key management, secure messaging, etc. ietf.org.
National Fire Protection
Association 1221
A standard for the installation, maintenance, and use of emergency services communications systems, including cybersecurity considerations. nfpa.org/codes- and-standards/document-information-pages?mode=code&code=1221.
FY 2023 SAFECOM Guidance on Emergency Communications Grants B-5
Organizations Standards
NIST Recommendations
on Cybersecurity (Special
Publications 800 Series)
NIST’s 800 series provides targeted cybersecurity guidance and are strongly encouraged to be incorporated into cybersecurity planning. In particular, NIST 800-53r5 covers Cybersecurity and Privacy controls and NIST 800-63-4 covers requirements for implementing digital identity solutions. csrc.nist.gov/publications/sp.
North American Electric
Reliability Corporation
(NERC) Critical
Infrastructure Protection
Regulations
Reliability standards address the security of cyber assets essential to the reliable operation of the electric grid. With emerging interconnectivity of infrastructure, the emergency communications community may also need to address these standards. nerc.com/pa/Stand/Pages/CIPStandards.aspx.
Telecommunications
Industry Association
(TIA)
TIA has both Cybersecurity and Public Safety working groups. Standards of particular use for emergency communications include: TR-8, TR-30, TR-34, TR- 41 TR-42 TR-45, TR-47, TR-48, TR-49, TR-50 M2M, TR-51, and TIA-102. tiaonline.org.
Table B-3. Cybersecurity Resources
Organizations Resources
Committee on
National
Security
Systems
• Committee on National Security Systems Policies
Department of
Homeland
Security (DHS)
• CISA’s Public Safety Communications and Cyber Resiliency Toolkit • CISA Central
• CISA Cyber Essentials Toolkit
• CISA Cyber Resources for NG911
• CISA Cybersecurity Training and Exercises
• CISA Emergency Services Sector Cyber Security Framework Implementation Guidance • CISA “First 48”: What to Expect When a Cyber Incident Occurs • CISA Guide to Getting Started with a Cyber Risk Assessment • CISA Insights
• CISA Resources for State, Local, Tribal, and Territorial (SLTT) Governments • CISA Stop Ransomware / Public Safety Emergency Communications Resources • Cybersecurity Incident & Vulnerability Response Playbooks • Cyber Resiliency Resources for Public Safety Fact Sheet • Emergency Services Sector (ESS) Cyber Risk Assessment – 2012 • ESS Roadmap to Secure Voice and Data Systems – 2014
• ESS Cybersecurity Framework Implementation Guidance – 2015 • Federal Virtual Training Environment (FedVTE)
• National Cyber Awareness System
• National Cyber Incident Response Plan
• National Infrastructure Protection Plan
• Best Practices for Encryption in Project 25 Public Safety Land Mobile Radio Systems Department of
Energy
• Energy Sector Cybersecurity Capability Maturity Model (C2M2) Program
FY 2023 SAFECOM Guidance on Emergency Communications Grants B-6
Organizations Resources
Executive
Orders (EO) and
President
Directives
• EO 13636: Improving Critical Infrastructure Cybersecurity • EO 13231: Critical Infrastructure Protection in the Information Age and EO 13286 • EO 13618: Assignment of National Security and Emergency Preparedness Communications Functions
• Executive Office of the President, Presidential Policy Directive 21 (PPD – 21) • EO 13407: Public Alert and Warning System
• EO 13800: Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure
• EO 14028: Improving the Nation’s Cybersecurity
Federal Bureau
of Investigation
• Cyber Crime
• Federal Bureau of Investigation Internet Crime Complaint Center Industry Alerts Federal
Communications
Commission
• Communications Security, Reliability and Interoperability Council (CSRIC) • Task Force on Optimal PSAP Architecture (TFOPA)
• Cyber Security Planning Guide
Federal
Emergency
Management
Agency
• Emergency Management and Response-Information Sharing and Analysis Center (EMR- ISAC)
• Cybersecurity Gap Analysis, FEMA National Cyber Resilient Architecture, and Training resources
Government
Accountability
Office
• U.S. Government Accountability Office, Cybersecurity
National
Institute of
Standards and
Technology
• Framework for Improving Critical Infrastructure Cybersecurity • Internal/Interagency Reports (NISTIRs)
• National Initiative for Cybersecurity Education (NICE) • NICE Cybersecurity Workforce Framework
• Assessing Security and Privacy Controls in Information Systems and Organizations • Digital Identity Guidelines
Various
Industry and
Associations
• ATIS Industry Best Practices
• Association of Public-Safety Officials, International (APCO), APCO Cybersecurity, and Cybersecurity Resources, including APCO Cybersecurity Guide for Public Safety Communications Professionals and APCO Introductory Guide to Cybersecurity for PSAPs • ISACA COBIT 5 Framework
• ITU Security Standards Roadmap
• Center for Internet Studies (CIS) Critical Security Controls (CSC), available through the Multi-State Information Sharing and Analysis Center
• National Association of State Chief Information Officers (NASCIO) Cybersecurity Awareness, including NASCIO Cyber Disruption Response Planning Guide for States • National Conference of State Legislation Cybersecurity Training for State Employees • NENA, including NG-SEC
• Open Web Application Security Project (OWASP) Top Ten Project • OWASP Internet of Things Project
FY 2023 SAFECOM Guidance on Emergency Communications Grants B-7
Continuity
and
Resilience
Grant recipients should target funding toward activities that address communications continuity, survivability, and resiliency. Activities can include system assessments, analysis of threats and vulnerabilities, and strategic plan and procedural updates to mitigate identified risks
Lessons learned from major disasters, unplanned events, and full-scale exercises have identified a need for greater coordination of emergency communications among senior elected officials, emergency management agencies, and first responders at all levels of government. Responders arriving on the scene of a domestic incident are not always able to communicate with other response agencies, particularly when the incident requires a multi-agency, regional response effort, or when primary communications capabilities fail. This lack of operability and interoperability between agencies is further complicated by problems with communications continuity, survivability, and resilience, which hinders the ability to share critical information, and can compromise the unity-of-effort required for an effective incident response.
Applicants investing in emergency communications are encouraged to work with Statewide Interoperability Coordinators, Statewide Interoperability Governance Bodies, and appropriate stakeholders across levels of government to:
• Establish robust, resilient, reliable, secure, and interoperable communications capabilities • Plan for mission-related communications and connectivity among government leadership, internal elements, other supporting organizations, and the public under all conditions • Trace all communications systems/networks from end-to-end to identify single points of failure • Recipients should also address the following issues:
o Integrate communications needs into continuity planning efforts and emergency operations plans by incorporating mitigation options to ensure uninterrupted communications support
o Maintain and protect communications capabilities against emerging threats, both man- made and natural, to ensure their readiness when needed o Frequently train and exercise personnel required to operate communications capabilities o Test and exercise communications capabilities
o Establish a cybersecurity plan that includes continuity of an “out of band” communications capability such as High Frequency (HF) Radio Frequency (RF), fiber- based communications pathways that do not rely on public infrastructure • Ensure key communications systems resiliency through:
o Availability of secondary and backup systems
o Development of standard operating procedures and training to address the use of secondary and backup systems
o Diversity of network element components and routing
o Geographic separation of primary and alternate transmission media o Availability of backup power sources
o Access to systems that are not dependent on commercial infrastructure o Maintained spare parts for designated critical communications systems o Agreements with commercial suppliers to remediate communications Single Point of Failures
FY 2023 SAFECOM Guidance on Emergency Communications Grants B-8
Table B-4. Continuity and Resilience Resources
Resource Description
FEMA National
Continuity Programs
National Continuity Programs highlight the national policy and guidance for continuity of operations initiatives. They provide guidance and assistance to support continuity preparedness for federal departments and agencies; state, local, tribal, and territorial government jurisdictions; and private sector organizations.
CISA Regional
Resiliency
Assessment
Program
The Regional Resiliency Assessment Program is a cooperative assessment of specific critical infrastructure within a designated geographic area. DHS works with selected areas each year to conduct a regional analysis of surrounding infrastructure and address a range of resilience issues that could have significant regional or national consequences if disrupted.
CISA Ten Keys to
Obtaining a Resilient
Local Access
Network
This document introduces resiliency concepts and provides ten keys to obtaining and maintaining resiliency in a local access network, such as knowing the exact network infrastructure in the local loop, interfacing with commercial service providers, and properly maintaining alternative path solutions. CISA developed these ten fundamental steps, supported by descriptive text and visually-appealing graphics, as recommendations to help organizations maintain critical communications in emergency situations.
CISA Public Safety
Communications
Resiliency Self-
Assessment
Guidebook
This document provides a self-assessment methodology for public safety entities to identify and address potential points of failure in their communication networks by evaluating the local access networks of their primary and alternate operating facilities.
The methodology describes the process of gathering data on network infrastructure, creating logical and physical network maps, and choosing resiliency solutions based on the network maps. DHS also developed a Resiliency Fact Sheet to understand communications continuity planning and offer resources to assist entities.
CISA Priority
Services Programs
Priority Services Programs, including the Government Emergency Telecommunications Service, Wireless Priority Service, and Telecommunications Service Priority, support national leadership; federal, state, local, tribal, and territorial governments; first responders; and other authorized national security and emergency preparedness users. They are intended to be used in an emergency or crisis situation when data, landline, or wireless networks are congested and the probability of completing a normal transmission or call is reduced.
CISA
Electromagnetic
Pulse (EMP)
Guidance
The EMP Protection and Resilience Guidelines for Critical Infrastructure and Equipment provides guidelines to assist federal, state, and local officials and critical infrastructure owners and operators to protect mission essential equipment against EMP threats. There are four EMP Protection Levels defined. These levels were initially developed at the request of the federal Continuity Communications Managers Group but are applicable to any organization that desires to protect its electronics and critical infrastructures.
Infrastructure
Obstructions to
Radio Propagation
This document provides an overview of obstructions and interferences to radio frequency resources, including both active and passive sources. In addition, it includes a series of example planning approaches that agencies have taken to prevent or mitigate obstructions.
Public Safety
Communications and
Cyber Resiliency
Toolkit
This document assists public safety agencies and others responsible for communications networks in evaluating current resiliency capabilities, identifying ways to improve resiliency, and developing plans for mitigating the effects of potential resiliency threats. Through an interactive graphic, users can explore topic specific systems-based resources and learn more about key threats to communications and cyber resiliency.
Public Safety
Communications
Dependencies on
Non-Agency
Infrastructure and
Services
This white paper provides high-level insights on non-agency communications infrastructure for system administrators, public safety decision-makers, and other stakeholders involved in public safety communications planning or implementation.
While not a comprehensive guide, this document equips stakeholders with real-word examples of these dependencies, recommendations for ensuring resiliency and continuity of operations, and supplemental resources.
FY 2023 SAFECOM Guidance on Emergency Communications Grants B-9
Resource Description
Cyber Resiliency
Resources for Public
Safety Fact Sheet
This document provides an overview of publicly available cybersecurity evaluations and resources, helping stakeholders ensure the scope and requirements of resiliency assessments are aligned with their needs.
Radio Frequency
Interference Best
Practices Guidebook
This document provides stakeholders with an overview of RF interference concepts, threats, and mitigation initiatives. Applicants can review this guidebook to understand ongoing efforts related to awareness, preparation, mitigation, and current laws pertaining to RF interference. The document also provides best practices on how to recognize, respond to, report, and resolve RF interference incidents.
Resilient Power Best
Practices Fact Sheet
This document summarizes recommendations from the CISA Resilient Power Working Group, consisting of federal, state, local, tribal, and territorial stakeholders, non-profits, and private industry. These critical communications infrastructure best practices should be part of a comprehensive, risk-informed Business Continuity and Continuity of Operations plans, developed per FEMA guidance.
CISA Infrastructure
Dependency Primer
This tool is a supplement to the Infrastructure Resilience Planning Framework and is intended to help state and local planners better understand how infrastructure dependencies can impact risk and resilience in their community and incorporate that knowledge into planning activities.
FY 2023 SAFECOM Guidance on Emergency Communications Grants B-10
Land
Mobile
Radio
Grant recipients should purchase digital LMR systems and equipment compliant with the Project 25 (P25) Suite of Standards (Telecommunications Industry Association), and include all needs and requirements, identifying applicable P25 standards and stating expectations for interoperability in any SOW or acquisition documents
Recipients should purchase P25 compliant systems and equipment that has been assessed as compliant in accordance with the P25 Compliance Assessment Program, or approved test procedures of the P25 standards in the absence of completed P25 Compliance Assessment Program testing
Recipients are strongly encouraged to implement comprehensive encryption on all LMR systems.
Agencies shall ensure compliance with the P25 Block Encryption Protocol standard and implement the Advanced Encryption Standard (AES) 256-bit encryption algorithm. Use of proprietary/non- standard encryption or deprecated encryption (i.e., Data Encryption Standard [DES] and all derivatives) is strongly discourged as these algorithyims have been compromised and offer little protection
Recipients should ensure all P25 eligible equipment, features, functions, and capabilities selected are P25 compliant and are interoperable, to include new equipment and upgrades When purchasing interoperability equipment, services, and gateway devices to provide connectivity between LMR systems, those devices should, at a minimum, be implemented using P25 compliant wireline interfaces
Recipients should consult the federal granting agency before submitting requests for ISSI and broadband-related project investments to determine whether costs are allowable LMR systems are terrestrially-based, wireless, narrowband communications systems commonly used by federal, state, local, tribal, and territorial emergency responders, public works/public service entities, and the military in non-tactical environments, to support voice and low-speed data communications. These systems are designed to meet public safety’s unique mission and critical voice requirements and support time- sensitive, lifesaving tasks, including sub-second voice call-setup, group calling capabilities, high-quality audio, and priority access to the end-user. Because LMR systems implemented by the public safety community support responders’ safety and lifesaving operations, they are designed and implemented to achieve the highest levels of availability, reliability, redundancy, coverage, and capacity, and can operate in harsh natural and man-made environments. LMR technology has progressed over time from conventional, analog voice service to complex systems incorporating digital protocols and trunked features. These enhancements have improved the interoperability, spectral efficiency, security, reliability, and functionality of voice and low-speed data communications.
The public safety community is following a multi-path approach to develop, establish, and maintain critical communications capabilities. To improve interoperability across investments, grant recipients are strongly encouraged to ensure digital voice systems and equipment purchased with federal grant funds are compliant with the Project 25 (P25) Suite of Standards, unless otherwise noted in a program’s grant guidance.80
80 Applicants should read grant guidance carefully to ensure compliance with standards, allowable cost, documentation, reporting, and audit requirements. If interested in using federal funds to purchase equipment that does not align with P25 standards or does not appear on the approved equipment list, the applicant should consult with the federal grant- making agency to determine if non-P25 compliant equipment is allowable. In some cases, written justification must be provided to the grantor. Many agencies will not approve non-standards-based equipment unless there are compelling reasons for using other solutions. Authorizing language for most emergency communications grants strongly encourages investment in standards-based equipment. Funding requests by agencies to replace or add radio equipment to an existing non-P25 system (e.g., procuring new portable radios for an existing analog system) will be considered if there is a clear rationale why such equipment should be purchased and written justification of how the equipment will advance interoperability and support eventual migration to interoperable systems. Written justification should also explain how that purchase will serve the needs of the applicant better than equipment or systems that meet or exceed such standards. Absent compelling reasons for using other solutions, agencies should invest in standards-based equipment.
FY 2023 SAFECOM Guidance on Emergency Communications Grants B-11
Recipients should ensure all new and upgraded P25 eligible equipment, features, functions, and capabilities selected for procurement are verifiably P25 compliant and interoperable. When federal grant funds are used to purchase P25 LMR equipment and systems that contain non-standard features or capabilities while a comparable P25 feature or capability is available, recipients must ensure the standards-based feature or capability is also purchased to ensure interoperability. For more information on P25, contact the P25 Steering Committee at [email protected].
Grant recipients should purchase P25 compliant systems and equipment that has been assessed in accordance with the P25 Compliance Assessment Program (P25 CAP). P25 accredited standards provide many technical specifications designed to ensure equipment is interoperable regardless of manufacturer.
Recipients should obtain documented evidence of P25 compliance from the manufacturer that the equipment has been tested and passed all the applicable, published, normative P25 compliance assessment test procedures for performance, conformance, and interoperability as defined in the latest P25 Compliance Assessment Bulletins for testing requirements. If documentation for applicable equipment is not available through the P25 CAP or there is an absence of applicable testing in the P25 CAP, recipients should obtain documented evidence from the manufacturer stating that all applicable tests were conducted in accordance with the published test procedures in the P25 Suite of Standards and successfully passed.81 Contact the P25 CAP at [email protected] for additional guidance.
Encryption
Recipients using federal funds to purchase encryption for new or existing communications equipment shall ensure encryption capabilities are compliant with the published P25 Block Encryption Protocol Standard.
Recipients investing in encryption must implement the AES 256-bit Encryption Algorithm as specified in the P25 Block Encryption Protocol. References to the current version of the P25 Block Encryption Protocol, ANSI/TIA-102.AAAD should be included in all procurement documents, along with specific agency requirements for primary, secondary, backup, or interoperability systems/capabilities where applicable.
The P25 Suite of Standards references the use of AES as the primary encryption algorithm, which is the only federally approved encryption standard for LMR communications by NIST. While the standard allows Data Encryption Standard-Output Feedback (DES-OFB) for backwards compatibility and interoperability with legacy DES-only equipment, it is imperative that entities continue to transition to an AES-only environment to ensure secure encrypted communications with public safety partners at all levels of government. While most federal agencies have transitioned to AES encryption, some state, local, tribal, and territorial agencies continue to use DES as their primary means of encryption or other proprietary/non- standard encryption algorithms.
However, the continued use of DES and its derivatives enables a specific vulnerability in LMR encryption.
NIST, which approved the use of DES in 1976, withdrew Federal Information Processing Standard (FIPS)- 46, Data Encryption Standard as a standard on May 19, 2005, citing the weakness and repeated compromise of DES and the availability of the current federal standard specified in FIPS-197, Advanced Encryption Standard. DES has since been deprecated in P25 standards and is only maintained to enable P25 AES encryption-compliant equipment to also include DES for the purposes of interoperability with equipment supporting legacy DES products.
81 Regardless of the status and availability of P25 CAP testing documentation, grant recipients should include comprehensive acceptance test plan(s) and testing criteria of stated requirements in their procurement and contractual documents to ensure that the required and expected interoperability of features, functions, and services has been provided, especially in multi-manufacturer/vendor environments. The manufacturer/vendor should verify the equipment or services are P25 standards compliant and interoperable with other equipment, features, functions, and capabilities.
FY 2023 SAFECOM Guidance on Emergency Communications Grants B-12
Recipients seeking to use federal grant funds to purchase non-standard encryption features (e.g., 40-bit encryption, proprietary solutions, DES-OFB) or capabilities for new or existing equipment must ensure AES 256-bit encryption is also purchased to ensure their devices have the capability to interoperate in an encrypted mode. Agencies currently using DES-OFB may continue to use this encryption method for interoperability but should migrate to AES for all encryption as soon as possible. The continued use of DES-OFB, its derivatives, or other non-standard encryption algorithms for any LMR encryption is strongly discouraged and presents substantial risks of compromised communications.
Interconnecting Systems
When purchasing P25 interoperability equipment, services, and devices to provide connectivity between LMR systems, those devices should, at a minimum, implement the P25 wireline interfaces, such as the Inter Radio Frequency Subsystem Interface (ISSI) or Console Subsystem Interface (CSSI). Note, there are potential interoperability issues when implementing ISSI/CSSI, as the interoperability testing parameters remain under development and vendors/manufacturers interpret the accredited P25 technical standards differently. As a result, the differences in vendors/manufacturers’ product offerings and their ISSI/CSSI implementation methodologies create interoperability challenges of the features, functions, and capabilities supported by these interfaces.
While baseline P25 accredited technical standards for ISSI connections exist, they are not complete. Due to the limited availability of completed technical standards and differing manufacturer’s features and functionality implementation practices, public safety agencies should consider the planning and technical complexities associated with the implementation of ISSI capabilities to connect RF-subsystems (RFSS) from the same or dissimilar LMR vendors/manufacturers. As such, grant applicants should:
• Ensure that existing operability and interoperability between RFSS/networks remain intact and operational during and after ISSI/CSSI implementation;
• Identify explicit requirements of features, functionalities, and capabilities that the ISSI/CSSI connections will support to a same or dissimilar manufacturer’s RFSS/systems, including interoperability requirements, in any SOW, acquisition documents, or contracts; • Require the prospective vendor/manufacturer to illustrate their ability and acceptance to provide these explicit features, functionalities, and capability requirements for ISSI/CSSI implementations, regardless of which manufacturer’s ISSI/CSSI and RFSS/networks are in place, in the appropriate purchasing agreements or contracts;
• Confirm the selected vendor/manufacturer develops and executes a comprehensive acceptance test plan that validates P25 accredited standards compliance, as well as successful operability and interoperability of features, functions, and capabilities on each side of the ISSI/CSSI connection(s), consistency with procurement and acquisition requirements, and compliance with agreed upon performance, applicable technical standards, and expectations of operations amongst ISSI/CSSI connected RFSS/networks;
• Submit evidence to the federal granting agency, if required, documenting successful P25 CAP testing (e.g., P25 product Summary Test Reports available on the P25 CAP website), certifying compliance withapplicable accredited technical standards, as well as effective operability and interoperability of features, functions, and capabilities with all ISSI partners.
Interconnecting LMR and Broadband Networks
Applicants may also be interested in using grant funds to enable interoperability between existing LMR and long-term evolution (LTE) or 5G broadband networks. Note, technical standards for interconnecting LMR to LTE systems remain under development. While the 3GPP accredited standards exist, the TIA/ATIS P25 accredited standards remain a work in progress. Notwithstanding, agencies should pursue
FY 2023 SAFECOM Guidance on Emergency Communications Grants B-13
solutions that are 3GPP standards compliant and interoperable. Agencies should also thoroughly investigate these prospective vendor’s plans for supporting changes to their product offerings when the TIA/ATIS P25 standards are completed.
Agencies should be aware there are many proprietary solutions offered by vendors/manufacturers that may provide acceptable LMR to LTE voice services connections. However, while potentially achieving adequate LMR to LTE voice interoperability, these proprietary solutions may not be interoperable amongst themselves, thus creating an LTE interoperability issue. Additionally, the indiscriminate, non-planned use of some LTE to LMR Over the Top (OTT) Push to Talk (PTT) solutions has proven to be potentially detrimental to the hosting LMR systems and created significant operability issues due to site loading issues on the host system infrastructure. Investing in solutions that are not based on open standards is a misuse of federal funds, as additional solutions may be needed to restore or provide required interoperability among participating jurisdictions.
Grant applicants should consult the federal granting agency before submitting requests for ISSI/CSSI and LMR to LTE broadband-related project investments to determine whether certain costs are allowed.
The P25 Steering Committee published a list of Approved Project 25 Suite of Standards that includes the most recent documents and revisions. Also, the Statement of Project 25 User Needs and the P25 Technology Interest Group’s Capabilities Guide can help determine which standards are applicable to proposed purchases and projects.
Table B-5. Land Mobile Radio Standards and Resources
Organizations Standards and Resources
P25 Compliance
Assessment
Program
P25 CAP is a partnership of DHS, industry, and the emergency response community. It is a formal, independent process for ensuring communications equipment declared by the supplier is P25 compliant and tested against standards with published results. It publishes Compliance Assessment Bulletins on policy, testing, and reporting requirements, and an approved equipment list that may be eligible for grants.
P25 Steering
Committee
P25 Steering Committee is the governing authority of P25 and the sole authority for approving standards proposals, telecommunications system bulletins, and white papers. It works closely with manufacturers to develop and maintain the P25 Suite of Standards that best serves the continually evolving needs of the public safety community. The committee recently produced the Statement of P25 User Needs, which provides high-level explanations of system architecture, features, and functions as defined in P25 standards.
Telecommunicat-
ions Industry
Association
TIA is accredited by the American National Standards Institute and responsible for publishing the P25 Suite of Standards, approved by the P25 Steering Committee. To date, it has published over 90 documents detailing the specifications, messages, procedures, and tests applicable to the 11 interfaces, multiple feature sets, and functions offered by P25.
Federal
Partnership for
Interoperable
Communications
(FPIC)
FPIC serves as a coordination and advisory body to address technical and operational wireless issues relative to interoperability within the public safety emergency communications community, interfacing with voluntary representatives from federal, state, local, territorial, and tribal organizations. FPIC has developed multiple resources, including the Operational Best Practices for Encryption Key Management, P25 ISSI and CSSI Primer, and Best Practices for Planning and Implementation of P25 ISSI and CSSI, Volumes I and II. These documents are published on the SAFECOM P25 Resources webpage, along with other P25 and LMR encryption resources. 911 Program
Office
The 911 Program Office provides several resources on LMR standards for interconnecting NG911 systems and broadband technologies. These include the NG911 Interstate Playbook, which provides best practices, guidance, and considerations on PSAP interconnectivity with NG911, as well as the 911 Program Office’s NG911/Public Safety Broadband Network Interconnection resource page.
FY 2023 SAFECOM Guidance on Emergency Communications Grants B-14
Nationwide
Public
Safety
Broadband
Network
Applicants interested in investing federal funds in broadband-related infrastructure projects should consult the federal granting agency to understand all requirements and restrictions impacting broadband investments
Grant recipients should consult with any applicable governing bodies and the FirstNet Authority to ensure the project does not conflict with network deployment efforts Recipients may be able to use grant funds for the implementation of alternative broadband technologies and the deployment of fiber optic backhaul networks in rural and unserved areas
Applicants investing in broadband technologies should be aware that the federal government is overseeing the operations and maintenance of the Nationwide Public Safety Broadband Network (NPSBN). The First Responder Network Authority’s (FirstNet Authority) mission is to ensure the building, deployment, and ongoing operation of the NPSBN to provide LTE-based broadband and 5G services and applications to public safety entities. The network is a single, nationwide network architecture consisting of a secure, redundant evolved packet core network (EPC), transport backhaul, and radio access networks (RANs) in the fifty states, five territories, and the District of Columbia.
Applicants should coordinate with the FirstNet Authority in advance of any strategic acquisition of LTE equipment to ensure understanding of all requirements and restrictions impacting broadband investments and that purchases support future service choices. Applicants should also monitor federal actions affecting broadband investments and continue planning and outreach activities (e.g., community education, documenting user needs), as well as work with applicable governing bodies in preparing for and leveraging broadband and other technologies, including:
• Leveraging broadband devices including smartphones, feature phones, tablets, wearables, laptops, ruggedized smartphones, ruggedized tablets, USB modems/dongles, in-vehicle routers, and Internet of Things devices;
• Employing customer-owned and managed broadband deployable equipment, enabling public safety agencies to own and dispatch coverage expansion or capacity enhancement equipment within their jurisdiction;
• Using broadband device accessories that enable efficient and safe public safety operations such as headsets, belt clips, earpieces, remote Bluetooth sensors, and ruggedized cases; • Installing standards-based equipment to provide interworking between LTE and existing LMR systems within their jurisdiction when needed;
• Installing FirstNet SIM/UICC devices to allow public safety users to update existing devices, “Bring Your Own Device” plans, and new devices to operate on public safety prioritized services; • Securing one-time purchase and subscription-based applications for public safety use, which could include, among several other options, enterprise mobility management, mobile Virtual Private Network, identity services, or cloud service tools; and • Developing in-building coverage solutions that help users maintain connections to their mission critical networks and services.
Non-LTE wireless broadband technologies, such as Wi-Fi, WiMAX, and mesh networks, are sometimes used to supplement public safety communications. These solutions, which are either agency-owned or provided by a commercial provider, allow agencies to access voice, data, and video applications. Grant recipients should consider the overall impact of using other wireless broadband technologies given ongoing advancements in FirstNet’s deployment and unique interoperability challenges introduced by each of the various technologies.
Considering these cautions, applicants may be able to use federal grant funds for costs related to the implementation of alternative broadband technologies and the deployment of fiber optic backhaul networks
FY 2023 SAFECOM Guidance on Emergency Communications Grants B-15
in rural and unserved areas. Applicants should work closely with the federal granting agency and commercial suppliers and providers to ensure that grant-funded systems and equipment will be compatible and interoperable with current and future solutions. Applicants are encouraged to implement innovative solutions that improve communications capabilities and are consistent with the deployment of the NPSBN.
Table B-6. Broadband Technology Standards and Resources Organizations Standards and Resources
FirstNet
Authority
The Middle Class Tax Relief and Job Creation Act of 2012 created the FirstNet Authority as an independent authority within the National Telecommunications and Information Administration to provide emergency responders with the first nationwide, high-speed, broadband network dedicated to public safety: firstnet.gov.
In establishing requirements for the NPSBN and providing 20 MHz of the upper 700 MHz spectrum to the FirstNet Authority, Congress directed the Authority to ensure the building, operation, and maintenance of a wireless, nationwide interoperable public safety broadband network based on a single national network architecture. The Authority holds the single nationwide FCC license for the 20 MHz of combined Public Safety Broadband Spectrum (758-768 MHz and 788-798 MHz), commonly referred to as Band 14. The FirstNet Authority license also incorporates two one-MHz guard bands at 769 and 799 MHz. Subscription to the NPSBN and use of approved NPSBN devices enables prioritized access to Band 14 spectrum for public safety entities.
3GPP 3GPP is the SDO responsible for development and maintenance of LTE and 5G specifications, though various standards from TIA, ATIS, the Groupe Speciale Mobile Association (GSMA), and the Open Mobile Alliance (OMA) also contribute to broadband functionality and interoperability.
IEEE The 802.11a, 802.11b/g/n, and 802.11ac wireless standards are collectively known as Wi-Fi technologies and developed and maintained by IEEE. The Official IEEE 802.11 Working Group Project Timelines provides status of each networking standard under development, and a link to each effort. IEEE also maintains the WiMAX family of 802.16 standards.
Open
Geospatial
Consortium
(OGC)
OGC is an international non-profit organization committed to making quality open standards for the global geospatial community. These standards are made through a consensus process and are freely available for anyone to use to improve sharing of the world's geospatial data.
FY 2023 SAFECOM Guidance on Emergency Communications Grants B-16
Alerts,
Warnings,
and
Notifications
Grant recipients using funds to cover costs associated with AWN systems should:
• Establish strong governance and engage in collaboration with existing AWN stakeholders
• Ensure well-documented and field-tested plans, policies, and procedures, are executed, evaluated for potential gaps, and adapted to evolving AWN capabilities • Invest in secure and resilient AWN solutions, and incorporate safeguards to ensure the accuracy of messaging
• Consider diversity and inclusion influence accessibility to AWN issuances, as well as how people receive, interpret, and respond to messages • Invest in solutions that enable comprehensive, targeted, specific, and transparent messaging, while minimizing issuance and dissemination delays • Select software or equipment that also supports regional operable and interoperable solutions
If accessing IPAWS, grant recipients should select IPAWS-compatible software that meets the IPAWS minimum critical capabilities82
During an emergency, alerts, warnings, and notifications (AWNs) enable public safety officials to provide the public with information quickly. The Federal Emergency Management Agency (FEMA) Integrated Public Alert and Warning System (IPAWS) is an Internet-based capability that federal, state, local, tribal, and territorial authorities can use to issue alerts, warnings, and notifications to the public. IPAWS is accessed through compatible origination software that meets the Common Alerting Protocol (CAP) 1.2 specification required by IPAWS OPEN. There is no cost to send messages through IPAWS, although there may be costs associated with acquiring compatible alert origination software. IPAWS is not mandatory and does not replace existing methods of alerting, but instead complements existing systems and offers unique added capabilities.
FEMA, in accordance with E.O. 13407, developed IPAWS to ensure that under all conditions the President of the United States can alert and warn the public via the National Public Warning System, a component of IPAWS. In addition, federal, state, local, tribal, and territorial authorities can utilize IPAWS to issue alerts, warnings, and notifications within their jurisdictions. IPAWS improves public safety notification capabilities by allowing Alerting Authorities to deliver AWNs simultaneously through multiple communications pathways, reaching as many people as possible to save lives and protect property. These communication pathways include:
• Emergency Alert System (EAS) used by authorities to send detailed warnings via broadcast, cable, satellite, and wireline radio and television channels;
• Wireless Emergency Alerts (WEA) sent to mobile devices as a 90- to 360-character message with a unique tone and vibration, even when cellular networks are overloaded and can no longer support person-to-person calls, texts, or emails;
• National Weather Service Dissemination Systems, including the National Oceanic and Atmospheric Administration (NOAA) Weather Radio;
• Unique Alerting Systems, such as siren systems, digital signage, and wall beacons, that have permission to retrieve alerts directly from IPAWS and deliver the alerts to their customer base; and • Future Systems, including computer gaming systems, Internet search engines, social sharing websites, wireless device applications, smart home technologies, and others that are or could use IPAWS.
In order to access IPAWS, grant recipients should select equipment and applications that adhere to both the CAP and IPAWS CAP Profile standards, as well as meet the IPAWS minimum critical capabilities. Alert, warning, and notification software and equipment is developed, produced, and distributed by various vendors.
While the federal government does not endorse any specific vendor, particular software, or equipment, grant recipients should confirm vendors meet IPAWS compatibility, provide training and support services, use basic security measures (e.g., firewalls, anti-virus tools, anti-spyware tools), implement strong access controls
82 IPAWS minimum critical capabilities are available at: emilms.fema.gov/is_0251a/curriculum/1.html.
FY 2023 SAFECOM Guidance on Emergency Communications Grants B-17
requiring authentication of users, and connect to the IPAWS Technical Support Services environment. In addition, recipients should also consider factors affecting continuity of operations, such as support of remote employees, mobile alerting capabilities, and contingent operations in disruptive circumstances.
To maintain AWN issuance proficiencies, agencies sending alerts should conduct trainings, exercises, and tests of systems on a regular basis. Lessons observed from these activities and incidents should be evaluated, documented, and incorporated into future operations. Alert originators should also work to minimize issuance delays, from the point of a hazard’s detection to dissemination, by creating message templates, expediting information sharing, identifying and establishing triggers, and avoiding ad-hoc decision making.
For continued access to IPAWS, and to increase user proficiency and reduce alerting errors, the IPAWS Program Management Office requires authorized Alerting Authorities to demonstrate their ability to compose and send a message through the IPAWS-OPEN system at regular intervals. Such demonstration must be performed monthly through generation of a successful message sent to the IPAWS-OPEN Technical Support Services Facility.
Agencies are encouraged to coordinate with regional partners and submit applications that promote regional (e.g., multi-jurisdictional, cross-state, cross-border) collaboration and cost-effective measures. AWN grant funds should focus on eligible public alert and warning activities to include, but not limited to, the purchase, training, exercising, replacement, and maintenance (e.g., annual license, subscription fees, upgrades) of alert, warning, and notification systems, software, and equipment.
Table B-7. AWN Standards and Resources
Organizations Standards and Resources
Common Alerting
Protocol (CAP)
The CAP standard is an open, non-proprietary digital format for exchanging emergency alerts that was developed by Organization for the Advancement of Structured Information Standards (OASIS). CAP allows a consistent alert message to be disseminated simultaneously over many different dissemination mechanisms. The CAP format is compatible with emerging technologies, such as web services, as well as existing formats including the Specific Area Message Encoding (SAME) used for the United States’ NOAA Weather Radio and the EAS, while offering enhanced capabilities including images, maps, and video.
OASIS FEMA worked with OASIS to develop a standardized international technical data profile that defines a specific way of using the standard for the purposes of IPAWS.
The CAP standard and supplemental IPAWS CAP Profile ensure compatibility with existing warning systems. Latest CAP: oasis-
open.org/committees/tc_home.php?wg_abbrev=emergency#tc-tools.
FEMA Integrated
Public Alert and
Warning System
(IPAWS)
The IPAWS Program Management Office (PMO) does not endorse any specific vendor, piece of software, or equipment. Test results for any alert and warning software or equipment tested at the IPAWS Technical Support Services Facility can be made available to assist agencies in making procurement decisions by contacting the IPAWS PMO at [email protected].
Public Safety
Communications
Ten Keys to
Improving
Emergency
Alerts, Warnings &
Notifications
This document provides organizations a series of governance, coordination, planning, cybersecurity, and resiliency best practices to help ensure the successful implementation of their emergency AWN systems and programs. Government and non-government emergency managers, alert originators, system administrators, system operators, and managers can leverage this foundational guidance to deliver timely and actionable messaging during the critical moments of an incident when coordinated communications—down to the second—can save lives.
Essentials of Alerts,
Warnings, and
Notifications
Developed with SAFECOM and NCSWIC, this document provides an overview of AWN fundamentals and emerging trends. Applicants can review this guidance for future considerations, next steps, and examples of successful AWN system projects.
FY 2023 SAFECOM Guidance on Emergency Communications Grants B-18
911 Systems
Grant recipients using funds to cover costs associated with 911, Enhanced 911 (E911), or Next Generation 911 (NG911) should rely on guidance from the National 911 Program and:
• Discover standards through the NG911 Standards Identification and Review • Use the NG911 Self-Assessment Tool to determine NG911 maturity state • Consider SAFECOM and NCSWIC NG911 transition guidance for next steps • Select Internet Protocol (IP)-enabled, standards-based 911 equipment and software The National 911 Program, administrated by the Department of Transportation National Highway Traffic Safety Administration (NHTSA), provides federal leadership and coordination in supporting and promoting optimal 911 services. This federal home for 911 plays a critical role by coordinating federal efforts that support 911 services in emergency communication centers (ECCs)/public safety answering points (PSAPs) across the nation
NG911 will seamlessly connect ECCs/PSAPs and allow for the transmission and reception of multimedia type data (e.g., text messages, pictures, and video). As NG911 standards continue to evolve, applicants should consult the NG911 Standards Identification and Review to ensure that solutions developed or procured meet industry guidelines and standards. Applicants should consider the following when planning and implementing NG911:
• Strive for IP-enabled NG911 open standards and understand future technology trends to encourage system interoperability and emergency data sharing • Establish collaborative relationships and policy mechanisms that facilitate the ongoing coordination required to plan, deploy, operate, and maintain NG911 systems • Determine the responsible entity(ies) and mechanisms for geospatial data acquisition, reconciliation, and synchronization that are required for NG911 • Establish system access, security controls, and comprehensive cybersecurity plans to protect and manage access to NG911
• Ensure formalized governance models are in place to aid in the transition from legacy 911 to NG911 • Develop and implement sustainable funding models that support the planning, design, deployment, and ongoing operation of NG911
• Develop contract language that ensures the accountability of contractors in building, testing, deploying, operating, and maintaining interoperable and secure NG911 systems • Create a cybersecurity plan that includes voice (both administrative lines and 911) and data systems (e.g., Computer-Aided Dispatch)
Table B-8. NG911 Resources
Resource Description
National 911
Program Office
The National 911 Program also provides the 911 community with a collection of documents, website links and other resources generated by both the program and other industry experts. These vetted resources address topics including emerging emergency communications technologies, wireless deployment, E911 location accuracy, cybersecurity, FirstNet, NG911, governance and 911 legislation, and are located in the Document and Tools section of the National 911 Program’s website.
FY 2023 SAFECOM Guidance on Emergency Communications Grants B-19
Resource Description
NG911 Maturity State
Self-Assessment
Tool
This Self-Assessment Tool helps ECC/PSAP administrators and oversight personnel evaluate a system’s NG911 maturity state and understand the next steps necessary to continue deployment. It contains a detailed, easy-to-use NG911 readiness checklist that establishes common terminology and identifies key milestones to help 911 call centers understand the multi-year NG911 implementation process. The tool is a downloadable Microsoft Excel file, which ensures that collected results are only shared with the agency completing the assessment. The tool translates the answers from ECC/PSAP personnel into one of six maturity states: Legacy, Foundational, Translational, Intermediate, Jurisdictional End State, or National End State. Adopting and sharing the tool’s terminology allows for improved communication—with vendors, industry colleagues, elected officials, and others—at the user’s discretion. 911 Grant Program The Middle Class Tax Relief and Job Creation Act of 2012 authorized $115 million for a targeted 911 Grant Program administered by the Departments of Transportation and Commerce. The grant closed in September 2022. Visit 911.gov/projects/federal- funding for information along with other federal programs that may fund 911 activities. 911 Coronavirus/
COVID-19 Resources
This website provides numerous Coronavirus/COVID-19 resources, including a webinar for telecommunicators and EMS clinicians, as well as guidance on preparing and managing a pandemic response.
National Emergency
Number Association
(NENA) Security for
NG911 Standard
Standards of note for NG911 networks include NENA-STA-010: Detailed Functional and Interface Specification for the NENA i3 Solution; NENA 75-001: NENA Security for NG911 Standard (NG-SEC); NENA 75-502: NG-SEC Audit Checklist; NENA 04- 503: Network/System Access Security Information Document, and NENA-INF-015.1- 2016: NG911 Security Information Document. nena.org.
NG911 Standards
Identification and
Review
Collection of resources from all major standards bodies that address cybersecurity when planning for NG911 deployments:
911.gov/project_standardsforenhancedandnextgeneration911.html.
Cyber Risks to
NG911 White Paper
This white paper provides an overview of the cyber risks that NG911 systems may face. It is intended to serve as an informational tool for system administrators to better understand the full scope and range of potential risks, as well as recommend mitigations to these risks. Developed by CISA in conjunction with the Department of Transportation, the document is an introduction to improving the cybersecurity posture of NG911 systems nationwide.
Cyber Risks to
NG911: Telephony
Denial of Service
This fact sheet familiarizes public safety communications partners with Telephony Denial of Service (TDoS) threats to NG911. The document overviews common TDoS attack vectors, highlights real-world TDoS incidents, and suggests best practices to mitigate TDoS impacts.
NG911 Incident-
Related Imagery
Impacts 101
This document provides public safety and emergency communications leadership with considerations for addressing incident-related imagery. It also provides topic-specific guidance and available resources.
FCC CSRIC Reports The Communications Security, Reliability, and Interoperability Council's mission is to provide recommendations to the FCC to ensure, among other things, optimal security and reliability of communications systems, including telecommunications, media, and public safety. For CSRIC reports, visit: fcc.gov/about-fcc/advisory- committees/communications-security-reliability-and-interoperability.
Geographic
Information System
(GIS) Lifecycle Best
Practices Guide
This guide provides an overview of the GIS lifecycle from planning and implementation to assessing the need to upgrade capabilities. It also highlights best practices for each of the six phases, such as establishing a governance structure, identifying technical requirements for procuring resources, and developing policies and procedures to manage and secure data.
NG911 Interstate
Playbook
This resource provides best practices, guidance, and considerations on PSAP transition to NG911. Compiled by state 911 administrators, the playbook’s four chapters note new methods of connectivity and information sharing among multiple, separate jurisdictions and states.
FY 2023 SAFECOM Guidance on Emergency Communications Grants B-20
Resource Description
NG911/Public Safety
Broadband Network
Information
This 911 Program Office webpage summarizes current efforts to integrate NG911 and Public Safety Broadband Networks:
911.gov/project_NG911_Interconnection.html.
Kari’s Law and RAY
BAUM’S Act
Compliance
This webpage provides information on Kari’s Law, which ensures anyone can reach a 911 call center when dialing from a multi-line telephone system, as well as the RAY BAUM’S Act, which emphasizes the importance of making dispatchable location information from all 911 calls available to PSAPs. Information includes tools for the 911 Community, such as an overview of legislation, detailed lists of state laws and FCC rules, compliance rules and deadlines, and an interactive checklist towards compliance.
NG911 Procurement
Guidance
The National 911 Project has developed NG911 Procurement Guidance for PSAP managers to follow as they upgrade outdated systems. The guidance document provides assistance in the areas of contract negotiation, establishment of scope of work documents, and creation of service for the NG911 system once upgrades are complete. In addition, the document defines a set of important terms used in contract procurements, provides a checklist of considerations while negotiating the Statement of Work, and lists suggestions for ensuring that critical security procedures are established and managed.
The “State of 911”
Webinar Series
Pending 911 legislation may provide “a once in a career” opportunity to plan, prepare, and take advantage of federal grant funding to implement NG911. This webinar series shares information to help states prepare for possible future federal grant funding:
State of 911 Webinars.
The Successful
NG911 Transition: A
Case Study of the
California Office of
Emergency Services
This case study provides insights and guidance directly from the team leading California’s NG911 upgrades at 437 PSAPs. In addition to insights, best practices, and guidance, this case study also provides helpful resources.
The California
Statewide NG911
Geographic
Information System
This document highlights California’s process of implementing a statewide GIS system. Paired with the GIS Lifecycle Best Practices Guide for NG911, it provides users with helpful tips for navigating the GIS lifecycle, including planning, governance, funding, and security considerations.
A Tale of Two
Approaches:
Mandatory vs.
Voluntary
Implementations of
NG911
This document tackles some common challenges, opportunities, and considerations for both mandatory and voluntary deployments of NG911.
Utilizing
Partnerships to Make
NG911 Possible
This document lists a variety of resources inside and outside government agencies that should be tapped to ensure proper planning, procurement, and implementation of NG911.
FY 2023 SAFECOM Guidance on Emergency Communications Grants B-21
Data Exchange
and
Information
Sharing
Environments
Agencies should perform an evaluation of who the organization most often communicates with, and what types of information are commonly exchanged Grant recipients using federal funds for data exchange solutions should ensure the solutions comply with OASIS EDXL suite of data messaging standards and NIEM framework
For any grant funding software-based patient tracking products, the product is strongly encouraged to comply with OASIS EDXL-TEP, Bi-directional Transformation of OASIS EDXL-TEP (Tracking of Emergency Patients) v1.1, and HL7 v2.7.1 Specification Version
Data exchange and information sharing solutions are as fundamental as a digital data “snapshot” transferred over electronic media, or as tailored as custom-interface applications that allow proprietary applications to be linked. Challenges to effective information exchange include increasing types of data being exchanged, such as geographic information systems, evacuee or patient tracking, biometrics, accident and crash telematics, Computer-Aided Dispatch, Automatic Vehicle Location, and more. To communicate seamlessly with the increasingly interconnected systems of the broader community, agencies should consider standards-based information exchange models.
The National Information Exchange Model (NIEM) is a framework for exchanging information that provides common terminology for users and a repeatable, reusable process for developing information exchange requirements. NIEM was established by the Departments of Justice and Homeland Security in 2005 to unite stakeholders from federal, state, local, tribal, and territorial governments and the private sector, to develop and deploy a national model for information sharing and the organizational structure to govern it. Today, all 50 states and many federal agencies are using or considering NIEM, including adoption by the Departments of Agriculture, Defense, Health and Human Services, and Transportation. NIEM allows disparate systems to share, exchange, accept, and translate information in an efficient manner that all users can understand.
In addition to the NIEM framework, agencies should reference the Global Reference Architecture (GRA) and the OASIS Emergency Data eXchange Language (EDXL) suite of data messaging standards.
Applicable standards include the CAP; distribution element; hospital availability exchange; resources messaging; reference information model; situation reporting; and tracking emergency patients. • Global Reference Architecture provides guidance for agencies to develop and establish a service- oriented architecture for public safety information sharing. The GRA incorporates and reuses appropriate subsets of the NIEM, as well as other models such as the Global Federated Identity and Privilege Management (GFIPM) sponsored by the Departments of Justice and Homeland Security. The GRA provides practitioners with overarching guidance that demonstrates how federal initiatives, including NIEM and GFIPM, work together and how to accelerate the planning process. Agencies can use this GRA tool to develop a well-conceived, formal approach to designing information sharing solutions and systems. A key benefit of a reference architecture is it helps promote consistent thinking and approaches among the people who use it, even if they have not shared information with each other.
• OASIS EDXL suite of data messaging standards facilitates information sharing among public safety agencies. Grant-funded systems, developmental activities, or services related to emergency response information sharing should comply with the following OASIS and HL-7 standards:
"OASIS EDXL-TEP" and Bi-directional Transformation of OASIS EDXL-TEP (Tracking of Emergency Patients) v1.1 and HL7 v2.7.1 Specification Version and OASIS EDXL suite of data messaging standards. Compliance should include the following OASIS EDXL standards:
o Common Alerting Protocol, version 1.2 or latest version o Distribution Element (DE), version 1.0 or latest version o Hospital AVailability Exchange (HAVE), version 1.0 or latest version
FY 2023 SAFECOM Guidance on Emergency Communications Grants B-22
o Resource Messaging (RM) standards, version 1.0 or latest version In efforts to develop an Information Sharing Framework (ISF) to support public safety telecommunications, the SAFECOM and National Council of Statewide Interoperability Coordinators (NCSWIC) established the Information Sharing Framework Task Force comprised of information technology and communications subject matter experts from public safety agencies across the country. This task force has developed an ISF to ensure effectiveness of new products and technologies as agencies transition to mobile and fully interconnected environments.
To begin using the functional components of the ISF integration layer, public safety agencies should ask the following high-level operational questions:
• What is the content?
• What is the data source?
• Who owns the data?
• Who needs it?
• Over what path?
• Over what application?
A few of the widely used exchange models are provided as part of this appendix; however, an evaluation of who the organization most often communicates with, and what types of information are commonly exchanged, is recommended in selecting an ideal data exchange and information sharing solution. For more information on how to develop and implement an ISF and customize it for various use cases, see the SAFECOM/NCSWIC Approach for Developing an Interoperable Information Sharing Framework.
Table B-9. Data Exchange Standards and Resources
Organizations Standards and Resources
NIEM Applicants are encouraged to reference the NIEM website to develop a greater understanding of data exchange functions and processes.
GRA Many Department of Justice grant solicitations require its grant recipients to comply with the GRA, specifically the Global Standards Package, which describes a full information sharing technology standards implementation suite that addresses data standardization, messaging architecture, security, and privacy requirements. For additional information, including technical assistance and training opportunities, visit the Office of Justice Programs website at: https://bja.ojp.gov/program/it/national- initiatives/gra.
OASIS OASIS Emergency Management Technical Committee creates incident- and emergency-related standards for data interoperability: Common Alerting Protocol; EDXL – Distribution Element; EDXL – Resource Messaging; and EDXL – Tracking of Emergency Clients. oasis-open.org.
SAFECOM and
NCSWIC Information
Sharing Framework
Task Force
SAFECOM and NCSWIC, in coordination with CISA and the Johns Hopkins Applied Physics Laboratory, developed an ISF to help responders to discover, access, and consume any relevant information on a need-to-know basis, regardless of jurisdiction, affiliation, or location. cisa.gov/safecom/technology.
Information Sharing
Assessment Tool
The Information Sharing Assessment Tool, developed by DHS with the guidance of local, state, and federal public safety practitioners, is a tool for public safety officials and first responders to identify their own information sharing capabilities and gaps. It aims to empower communities to develop an action plan to address their most pressing information-sharing gaps; publicize their progress and achievements; and facilitate inter-agency and cross-discipline information sharing. 911 DataPath This effort is a result of a formal recommendation by the FCC's TFOPA and includes a Strategic Plan and Administrative Dataset for Decision Making:
911.gov/project_strategicplanningfor911data.html.
FY 2023 SAFECOM Guidance on Emergency Communications Grants C-1
Appendix C – Emergency Communications Resources
This appendix provides links to references in the SAFECOM Guidance and additional resources to help grant applicants develop emergency communications projects and complete federal grant applications. Visit the SAFECOM website (cisa.gov/safecom) for additional resources. 911 / Next Generation 911 (NG911)
• See Appendix B in the SAFECOM Guidance
• National 911 Program Website: 911.gov
o 911 DataPath: 911.gov/project_strategicplanningfor911data.html o 911 Grant Program: 911.gov/projects/federal-funding
o NG911 Standards Identification and Review: 911.gov/documents_tools.html o NG911 Self-Assessment Tool: 911.gov/project_ng911tool.html o Webinars: 911.gov/webinars.html
o Federal Funding Programs for 911: 911.gov/projects/federal-funding • National Association of State 911 Administrators: nasna911.org and nasna911.org/contact-911 • National Emergency Number Association: nena.org
Cybersecurity
• See Appendix B in the SAFECOM Guidance
• NIST Framework for Improving Critical Infrastructure Cybersecurity: nist.gov/cyberframework • CISA Cyber Resource Hub: cisa.gov/cyber-resource-hub
Department of Justice (DOJ)
• Law Enforcement Tech Guide for Communications Interoperability: cisa.gov/safecom/planning-resources • Law Enforcement Tech Guide Resources for Technology Project Management: cisa.gov/safecom/planning- resources
Cybersecurity and Infrastructure Security Agency (CISA) • CISA Website: cisa.gov
• Contact Information: [email protected]
• Identity, Credential, and Access Management Resources and Trustmark Framework: cisa.gov/safecom/icam • National Emergency Communications Plan: cisa.gov/necp • National Interoperability Field Operations Guide: cisa.gov/safecom/field-operations-guides • Pandemic Guidelines for 911 Centers: cisa.gov/emergency-communications-pandemic-guidelines • Priority Telecommunications Services Programs: cisa.gov/priority-telecommunications-services • Shared Communication Systems and Infrastructure: cisa.gov/scsi • Technical Assistance and Training Catalogs: cisa.gov/safecom/resources-tools/programs/interoperable- communications-technical-assistance-program, dhs.gov/training-technical-assistance, and cisa.gov/resources- tools/resources/cisa-services-catalog
FY 2023 SAFECOM Guidance on Emergency Communications Grants C-2
Federal Communications Commission (FCC)
• FCC Public Safety and Homeland Security Bureau: fcc.gov/public-safety-and-homeland-security • Contact Information: [email protected]
• FCC Fee Filing Guide for the Wireless Telecommunications Bureau: fcc.gov/licensing- databases/fees/application-processing-fees
• FCC Narrowbanding Website: fcc.gov/narrowbanding-overview • Communications Security Reliability and Interoperability Council: fcc.gov/about-fcc/advisory- committees/communications-security-reliability-and-interoperability • Task Force on Optimal Public Safety Answering Point Architecture: fcc.gov/about-fcc/advisory- committees/general/task-force-optimal-public-safety-answering-point • FCC 700 MHz Public Safety Broadband Spectrum Guidance: fcc.gov/700-mhz-public-safety-narrowband- spectrum
• FCC 800 MHz Transition: fcc.gov/general/800-mhz-spectrum • Narrowbanding Guidance
o SAFECOM Guidance, Section 3.3
o Guidance for licensees for FCC’s narrowband operation requirement: fcc.gov/narrowbanding-overview o Information on Frequency Coordinators: fcc.gov/general/public-safety-frequency-coordinators o Contact Information: [email protected]
• Ending 9-1-1 Fee Diversion Now Strike Force (911 Strike Force) Report: fcc.gov/911strikeforce • 911 Fee Reports and Reporting: fcc.gov/general/911-fee-reports Federal Emergency Management Agency (FEMA)
• FEMA Grants Website: fema.gov/grants
o Authorized Equipment List: fema.gov/grants/guidance-tools/authorized-equipment-list o Information Bulletins: fema.gov/grants/preparedness/about/informational-bulletins o Preparedness Grants Manual: fema.gov/grants/preparedness/manual • Comprehensive Preparedness Guide 201: fema.gov/emergency-managers/risk-management/risk-capability- assessment
• Environmental Planning and Historical Preservation (EHP): SAFECOM Guidance, Section 4.5 - Additional Requirements and Recommendations for Equipment Purchases o EHP guidance for DHS/FEMA grant applications: fema.gov/grants/guidance-tools/environmental-historic o For questions on EHP for DHS/FEMA grants, contact: [email protected] o For information on federal EHP requirements, see the Council on Environmental Quality Regulations, 40 CFR Part 1500-1508: energy.gov/sites/prod/files/NEPA-40CFR1500_1508.pdf • Integrated Public Alert and Warning System (IPAWS) Program Office: fema.gov/emergency- managers/practitioners/integrated-public-alert-warning-system o Alerting Authorities and State, Local, Tribal, and Territorial Users: fema.gov/emergency- managers/practitioners/integrated-public-alert-warning-system o Common Alerting Protocol: fema.gov/emergency-managers/practitioners/integrated-public-alert- warning-system/technology-developers/common-alerting-protocol o Information Materials: fema.gov/emergency-managers/practitioners/integrated-public-alert-warning-system o IPAWS Components: fema.gov/emergency-managers/practitioners/integrated-public-alert-warning-system o IPAWS Modernization Act of 2015: congress.gov/bill/114th-congress/senate-bill/1180 o IPAWS Program Planning Toolkit: fema.gov/emergency-managers/practitioners/integrated-public-alert- warning-system/public-safety-officials/ipaws-program-planning-toolkit • Presidential Policy Directive–8: dhs.gov/presidential-policy-directive-8-national-preparedness and fema.gov/emergency-managers/national-preparedness
• National Incident Management System (NIMS): fema.gov/emergency-managers/nims o NIMS National Standard Curriculum Training Development Guidance: fema.gov/emergency- managers/nims/implementation-training
FY 2023 SAFECOM Guidance on Emergency Communications Grants C-3
• National Preparedness Goal: fema.gov/emergency-managers/national-preparedness/goal • National Preparedness System: fema.gov/emergency-managers/national-preparedness/system • National Risk Index: fema.gov/flood-maps/products-tools/national-risk-index • Stakeholder Preparedness Review: fema.gov/emergency-managers/national-preparedness/risk-capability- assessment
• State Administrative Agency Contact List: fema.gov/grants/preparedness/state-administrative-agency-contacts • State Homeland Security Director Office Information: dhs.gov/state-homeland-security-and-emergency- services
• Threat and Hazard Identification and Risk Assessment: fema.gov/emergency-managers/national- preparedness/risk-capability-assessment
• Training: fema.gov/emergency-managers/national-preparedness/training and firstrespondertraining.gov/frts/ o Homeland Security Exercise and Evaluation Program: fema.gov/emergency-managers/national- preparedness/exercises/hseep
o Incident Command System Resource Center: training.fema.gov/emiweb/is/icsresource Federal Grants Information and Listings
• Office of Management and Budget Circulars, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards: govinfo.gov/app/details/CFR-2014-title2-vol1/CFR-2014-title2-vol1-part200 • Grants.gov Website: grants.gov
• FEMA Grants: fema.gov/grants
• SAFECOM compiled List of Federal Financial Assistance Programs Funding Emergency Communications:
cisa.gov/safecom/funding
First Responder Network Authority (FirstNet Authority) / Nationwide Public Safety Broadband Network • FirstNet Authority Website: firstnet.gov
• FirstNet Authority Contact Information: [email protected] • NTIA Public Safety Website: ntia.doc.gov/category/public-safety • Middle Class Tax Relief and Job Creation Act: govinfo.gov/content/pkg/PLAW-112publ96/pdf/PLAW- 112publ96.pdf
SAFECOM / National Council of Statewide Interoperability Coordinators (NCSWIC) • Best Practices for Planning and Implementation of Project 25 Inter-RF Subsystem (ISSI) and Console Subsystem (CSSI), Volumes I and II: cisa.gov/resources-tools/resources/p25 • Contingency Considerations When Facing Reductions in Emergency Communications Budgets:
cisa.gov/safecom/funding
• Contingency Planning Guide for Emergency Communications Funding: cisa.gov/safecom/funding • Emergency Communications System Lifecycle Planning Guide: cisa.gov/safecom/funding • Governance Guide for State, Local, Tribal, and Territorial Emergency Communications Officials:
cisa.gov/safecom/governance
• Interoperability Planning for Wireless Broadband: cisa.gov/safecom/technology • The Funding and the Future of P25 Video: cisa.gov/resources-tools/resources/p25 • Funding and Sustaining LMR: Materials for Decisions-Makers: cisa.gov/safecom/funding • Funding Mechanisms Guide for Public Safety Communications: cisa.gov/safecom/funding • NG911 Self-Assessment Tool: 911.gov/project_ng911tool.html • Operational Best Practices for Encryption Key Management: cisa.gov/safecom/technology • Project 25 ISSI and CSSI Primer: cisa.gov/resources-tools/resources/p25 • Public Safety Communications Dependencies on Non-Agency Infrastructure and Services:
cisa.gov/safecom/technology
• Public Safety Communications Evolution Brochure: cisa.gov/safecom/technology
FY 2023 SAFECOM Guidance on Emergency Communications Grants C-4
• Public Safety Communications: Ten Keys to Improving Emergency Alerts, Warnings & Notifications:
cisa.gov/safecom/technology
• Public Safety Communications Resiliency: Ten Keys to Obtaining a Resilient Local Access Network:
cisa.gov/safecom/technology
• Public Safety Communications Network Resiliency Self-Assessment Guidebook: cisa.gov/safecom/technology • Regional Interoperability Communications Plan Template: cisa.gov/safecom/sops • SAFECOM Interoperability Continuum: cisa.gov/safecom/technology • SAFECOM Member List: cisa.gov/safecom/membership
• Statewide Interoperability Coordinator (SWIC): See SAFECOM Guidance, Sections 3.2 and 4.2 • Statewide Communication Interoperability Plan (SCIP): See SAFECOM Guidance, Sections 2.2 and 4.2 o CISA SCIP Website: cisa.gov/statewide-communication-interoperability-plans o To find your SCIP, please contact your SWIC or SCIP Point of Contact. SWIC contact information can be found on the NCSWIC membership page: cisa.gov/safecom/ncswic-membership Standards
• SAFECOM Guidance on Technology and Equipment Standards: SAFECOM Guidance, Section 4.5 and Appendix B
• Association of Public-Safety Communications Officials standards: apcointl.org/services/standards/ o Project 43: Broadband Implications for the PSAP: apcointl.org/technology/next-generation-9-1- 1/project-43-broadband-implications-for-the-psap/
• Data Exchange and Information Sharing Environment: See Appendix B in the SAFECOM Guidance o National Information Exchange Model: niem.gov
o OASIS, Standards for Data-Related Investments: oasis-open.org o Information Sharing Assessment Tool: dhs.gov/science-and-technology/isat • Long-term evolution (LTE) for Public Safety Broadband: See Appendix B in the SAFECOM Guidance o 3GPP RAN5 Mobile Terminal Conformance Testing: 3gpp.org/specifications-groups/ran-plenary/ran5- mobile-terminal-conformance-testing
• NENA i3 Solution – Stage 3: nena.org/page/i3_Stage3
• NIST List of Certified Devices: nist.gov/ctl/pscr/process-document-nist-list-certified-devices • Project 25 (P25) Standards for Land Mobile Radio:
standards.tiaonline.org/standards/technology/project_25/index.cfm o P25 Technology Interest Group: project25.org
o P25 Compliance Assessment Program: dhs.gov/science-and-technology/p25-cap o P25 Compliance Assessment Program list of approved radio equipment: dhs.gov/science-and- technology/approved-grant-eligible-equipment
o Statement of P25 User Needs (SPUN): cisa.gov/resources-tools/resources/p25
FY 2023 SAFECOM Guidance on Emergency Communications Grants D-1
Appendix D – Compliance Requirements for DHS Grants
This appendix provides guidance for Department of Homeland Security (DHS) and Federal Emergency Management Agency (FEMA) preparedness grants. Recipients using DHS/FEMA funds for emergency communications activities must comply with the SAFECOM Guidance on Emergency Communications Grants (SAFECOM Guidance) in accordance with DHS Standard Terms and Conditions. Table D-1 provides a list of requirements for DHS/FEMA grants. For additional information, see relevant sections within the SAFECOM Guidance. DHS/FEMA recipients should also refer to the specific Notice of Funding Opportunity or the Preparedness Grants Manual for all programmatic requirements that apply (fema.gov/grants).
Table D-1. SAFECOM Guidance Compliance Instructions for DHS Recipients Topics Requirements
National and
Statewide Plan
Alignment
Sections 2.2, 2.5,
3.1 • Describe in applications how proposed projects will support national goals and objectives in the National Emergency Communications Plan (NECP).
• Describe in applications how proposed projects will align with your state or territory’s Statewide Communication Interoperability Plan (SCIP) goals and objectives. To find your SCIP, contact your Statewide Interoperability Coordinator (SWIC) or SCIP Point of Contact. Contact information for SWICs can be found on the NCSWIC membership page:
cisa.gov/safecom/ncswic-membership.
• Explain how proposed projects address or support communications resiliency.
Project
Coordination
Sections 2.1, 2.2,
2.4, 3.2, 3.3
• List all participants involved in project planning to demonstrate engagement with the whole community in accordance with Presidential Policy Directive-8 and the NECP. • Develop regional, multi-jurisdictional, multi-disciplinary, and cross-border projects to promote greater interoperability across agencies, pool grant resources, facilitate asset- sharing, and eliminate duplicate purchases.
• Designate a full-time SWIC who has the authority and resources to actively improve interoperability with emergency management and response agencies across all levels of government, to include establishing statewide plans, policies, and procedures, and coordinating decisions on communications investments funded through federal grants. • Coordinate proposals with statewide emergency communications governance bodies and leaders (e.g., State Interoperability Executive Committee, SWIC, 911 Administrator).
National
Incident
Management
System (NIMS)
Sections 3.4, 4.3,
4.4 • NIMS Implementation Objectives clarify the specific NIMS implementation criteria to be eligible for FEMA preparedness grants (see: fema.gov/emergency- managers/nims/implementation-training). Some grants may have additional NIMS training or personnel credentialing criteria (see the applicable Notice of Funding Opportunity for details).
• States, territories, and tribal grant recipients report NIMS implementation annually in the Stakeholder Preparedness Review (SPR). States/territories and tribal grant recipients must submit their annual SPR through the Unified Reporting Tool (URT) and email a copy of the URT submission to their respective DHS/FEMA Regional Federal Preparedness Coordinator and copy [email protected]. SPR submissions are due no later than December 31st each year.
Spectrum
Licensing
Section 3.3
• If a project requires a new spectrum license, consult the appropriate statewide coordinator (e.g., SWIC), the Federal Communications Commission, and/or the FirstNet Authority to ensure the recipient will have authority to operate in the desired spectrum. Spectrum consultation should begin prior to application submission or during early phases of an approved project. A spectrum license must be in place before associated equipment can be purchased.
FY 2023 SAFECOM Guidance on Emergency Communications Grants D-2
Topics Requirements
Planning and
Organization
Sections 2.2, 3.4,
4.2 • Update and submit the SPR and Threat and Hazard Identification and Risk Assessment (THIRA). The Comprehensive Preparedness Guide 201 provides a three-step process for conducting a THIRA/SPR. Follow THIRA/SPR submission instructions in program guidance.
• Complete and submit the Nationwide Cybersecurity Review to benchmark and measure progress towards improving cybersecurity posture.
Training
Sections 2.3, 4.3
• Describe in applications how training projects support the NIMS Training Program, are consistent with NECP priorities, and address gaps identified through your state or territory’s SCIP, After-Action Reports, and other assessments.
Exercises
Section 2.3, 4.4
• Include participants from multiple jurisdictions, disciplines, and levels of government and private sector entities, as appropriate. For additional FEMA exercise guidance, see fema.gov/emergency-managers/national-preparedness/exercises. • Manage and execute exercises in accordance with the Homeland Security Exercise and Evaluation Program.
Equipment
Section 4.5
• Ensure equipment procurements comply with the covered telecommunications restrictions outlined in the John S. McCain National Defense Authorization Act of 2019 as outlined in FEMA Policy #405-143-1.
Land Mobile
Radio (LMR)
Equipment
Sections 2.5, 4.5,
5, Appendix B
• LMR systems are designed to meet public safety’s unique mission critical requirements and support time-sensitive, lifesaving tasks, including rapid voice call-setup, group calling capabilities, high-quality audio, and guaranteed priority access to the end-user. The public safety community is expected to follow a multi-path approach to network infrastructure use and development of advanced technologies. Recipients should sustain current LMR capabilities during deployment of advanced technologies in accordance with the NECP. • Select Project 25 (P25) standards-based equipment for LMR mission critical voice communications. See the DHS Authorized Equipment List to determine allowable equipment types for DHS/FEMA preparedness grants, and the P25 Compliance Assessment Program Approved Equipment List. If proposal includes any non-P25 LMR equipment, recipients must apply for prior approval.
Next Generation
911 (NG911)
Systems
Sections 2.5, 4.5,
5, Appendix B
• NG911 is an Internet Protocol (IP)-based system that allows digital information (e.g., voice, photos, videos, text messages) to flow seamlessly from the public through the 911 network to emergency responders. If proposal includes NG911 systems, review the NG911 Standards Identification and Review and select IP-enabled 911 open standards equipment and software. For additional information, consult the National 911 Program Office at 911.gov.
Public Safety
Broadband
Sections 2.5, 4.5,
5, Appendix B
• Consult with applicable governing bodies and leaders for the latest guidance from the FirstNet Authority, planning for public safety broadband network activities, and identifying the authority to operate on public safety spectrum. For additional information, refer to firstnet.gov.
Alerts,
Warnings, and
Notifications
Sections 2.5, 4.5,
5, Appendix B
• The Integrated Public Alert and Warning System (IPAWS) is a modernization and integration of the nation’s alert and warning infrastructure. Federal, state, local, tribal, and territorial Alerting Authorities can use IPAWS to alert, warn, and notify the public with public safety information simultaneously via the Emergency Alert System, Wireless Emergency Alerts, the National Oceanic and Atmospheric Administration Weather Radio, and other public alerting systems from a single interface. If proposal includes alerts and warnings, review IPAWS informational materials and Common Alerting Protocol standard at fema.gov/emergency-managers/practitioners/integrated-public-alert-warning- system/technology-developers/common-alerting-protocol.
COUNTY OF KINGS PURCHASING DEPARTMENT
SOLE SOURCE JUSTIFICATION
This form must accompany any re quisition whenever a sole source purchase is requested. State and local laws subject the County of Kings to competitive bidding requirements . Requisitions for goods and services that are to be purchased from a specific vendor or limited to a specific brand , where substitutes to the s uggested vendor or brand are unacceptable, must be accompanied by a written justification explaining the circumstances that make alternatives unacceptable. The justification must be signed by the requestor and forwarded to the County’s Purchasing Manager.
The Purchasing Manager will determine whether the justification is appropriate. Sole source justifications are to be supported by factual statements that will pass an internal, state or federal audit.
1. Please check all applicable categories (a through d) below and provide additional information where indicated.
a. The requested product is an integral repair part or compatible only with existing equipment
Existing Equipment
Manufacturer/Model Number
Age
Current Estimated Value $
b. The requested product or service has a unique design/performance specification or quality requirement, which is essential to my Departments needs and is not available in comparable products/service providers.
c. The requested product or service is one with which I (or my staff) have specialized training and/or extensive expertise. Retraining would incur substantial cost in time and/or money.
d. Other factors (provide detailed explanation in #2 below).
2. Provide a detailed explanation for categories checked in 1a through 1d above. Attach additional sheets if necessary.
3. Was an evaluation of other equipment, products, or services completed? Yes No
4. List below the names of each individual who was involved in the evaluation, if conducted, and in making the recommendation to sole source this purchase.
5. I certify that the above information is true and a signed copy of the Sole Source Justification Form will be kept on file and available for audit in my department. I further certify that myself, or anyone else participating in the decision to recommend this sole source purchase, do not have a personal or business relationship nor financial interest in the suggested vendor.
Signature Printed Name and Title Date
Purchasing Manager: Approved as written____ Rejected_____ Signed _________________________________
Evan Jones, Purchasing Manager
13.A.
AGENDA
STAFF REPORT
MEETING DATE: 3/17/2026 AGENDA SECTION: PUBLIC HEARING
SUBJECT:
Community Facilities District No. 2025-2 (Public Maintenance Services) Amendment of Rate and Method of Apportionment of Special Tax
RECOMMENDATION:
Recommendation:
Staff recommends that the City Council open the public hearing for the purpose of receiving public testimony and property owner protests regarding the amendment of the Rate and Method of Apportionment of Special Tax of CFD 2025-2 for public maintenance services. Once the public hearing has been closed, staff recommends:
That City Council, by motion:
1. Adopt Resolution 2026-15-R to call for a special election for CFD 2025-2
2. Adopt Resolution 2026-16-R to declare results of a special election for CFD 2025-2
3. Adopt Resolution 2026-17-R to adopt the Amended RMA of CFD 2025-2
4. That the City Council move to introduce and waive the first reading of Ordinance 26-03 to levy increased special taxes for CFD 2025-2
Recommended Motion:
I move to:
1. Adopt Resolution 2026-15-R to call for a special election for CFD 2025-2
2. Adopt Resolution 2026-16-R to declare results of a special election for CFD 2025-2
3. Adopt Resolution 2026-17-R to adopt the Amended RMA of CFD 2025-2
4. Introduce and waive the first reading of Ordinance 26-03 to levy increased special taxes for CFD 2025-2
BACKGROUND:
On May 20, 2025, the City Council adopted a Resolution of Intent and Local Goals and Policies for Community Facilities Districts with the intent of forming a Mello-Roos community facilities district, CFD 2025-2 (Public Maintenance Services) for Billingsley Tract 937 to finance the impact by new development on landscaping and lighting maintenance, park maintenance, drainage maintenance
and street maintenance. (The Stonehaven Tract 940 development was annexed into the CFD on September 16, 2025.) On July 1, 2025, a public hearing was held to receive public testimony and property owner protests, if any, with regard to the formation of the district and the levy of a special tax.
After receiving public testimony, the City Council adopted (1) a Resolution of Formation forming and establishing CFD 2025-2, (2) a Resolution calling a special tax election, (3) a Resolution declaring the results of a special landowner election, and (4) due to a favorable vote by property owners, introduced an Ordinance authorizing the levy of a special tax within the boundaries of CFD 2025-2.
The levy of the special tax in CFD 2025-2 was approved by at least 2/3 of the qualified electors. The city clerk directed the recording of a notice of special tax, and the ordinance ordering the levy of special taxes within CFD No. 2025-2 was introduced followed by the second reading and adoption of the Ordinance on July 15, 2025.
After recent re-examination of CFD 2025-2, city staff determined that the special tax created was insufficient to fund actual CFD maintenance costs, and found it was necessary to increase the Special Tax to fully fund the annual maintenance services. Staff met with DR Horton and Willdan Financial Services and it was determined that increasing the Special Tax on only the DR Horton owned parcels (Zone B) would be required in order to fund the gap and to prevent current sales contracts and lots previously released for sale (Zone A) from being affected. See attached Exhibit “A” for Zone A and Zone B lots. As such, any parcels that are still to be owned by DR Horton on May 1, 2026 will be affected by the increase and DR Horton will disclose the increased special tax to prospective buyers thereafter.
The increase is equal to an additional $27.08 per month on 123 lots in CFD 2025-2, forty-one (41) lots in the Billingsley Ranch development and eighty two (82) lots in the Stonehaven development.
The current Assessor’s Parcel’s Numbers subject to the increase are: 011-630-001 through 011-630- 023, 011-630-038 through 011-630-049, 011-630-069 through 011-630-073, 011-630-095, and 011- 040-030-000, which are shown the attached map.
Each fiscal year, the lots within the CFD are assessed an annual inflationary adjustment. While new incoming Zone B parcels will start initially at a higher special tax rate than the existing Zone A lots in the CFD, there will be a smaller annual inflationary adjustment tax rates on Zone B parcels. The Zone A parcels that are already in the CFD and paying a lower initial tax rate will receive the maximum annual inflationary adjustment. See Table 1 and 2 in Exhibit “A” for Initial CFD tax assessments on Zone A and Zone B lots. Once the maximum special tax rates for all lots in CFD 2025-2 are within $100 of each other when comparing Zone A and Zone B special tax rates, the special tax rates and inflationary adjustment will be updated so all lots are charged equal special tax rates.
The City has received consent and waiver forms from the affected property owners within the CFD waiving the time limits for conducting the election and waiving the analysis and arguments regarding the ballot measure. The City’s consultant, Willdan Financial Services, has determined that, as required there are less than twelve registered voters residing within the affected Zone B area of the CFD. As a result, an election by the affected property owners in Zone B is all that is necessary. The affected property owners have received a special election ballot for the CFD, which allows them one vote per acre or portion thereof.
FISCAL IMPACT:
The estimated annual revenue received by the City for CFD 2025-2 will increase from the original estimate of $95,757 which is based on the maximum special tax rates for Fiscal Year 2025/26 for an
estimated 177 single family residential parcels to $135,190. This amount is expected to increase as development of additional property occurs and are annexed into CFD 2025-2. The special tax for the CFD includes an annual CPI adjustment. No General Fund monies are used for this effort.
ATTACHMENTS:
1. Aerial Maps
2. Resolution No. 2026-15-R
3. Resolution No. 2026-16-R
4. Resolution No. 2026-17-R
5. Ordinance No. 26-03
B
B
RESOLUTION NO. 2026-15-R
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HANFORD CALLING A
SPECIAL ELECTION AND SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF HANFORD COMMUNITY FACILITIES DISTRICT NO. 2025-2 (PUBLIC
MAINTENANCE SERVICES) PROPOSITIONS REGARDING THE AMENDMENT OF THE
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX TO INCREASE THE
SPPECIAL TAX ON CERTAIN PROPERTY WITHIN SAID COMMUNITY FACILITIES
DISTRICT
WHEREAS, the City Council, on February 17, 2026, adopted Resolution No. 2026-06-R entitled “A Resolution of Consideration of the City Council of the City of Hanford to Make Changes to the Rate and Method of Apportionment of Special Tax Established for Community Facilities District No. 2025- 2 (Public Maintenance Services)” (the “Resolution of Consideration”); and
WHEREAS, a copy of the Resolution of Consideration, stating the proposed amendments provided in the proposed Amended and Restated Rate and Method of Apportionment of the Special Tax of Community Facilities District No. 2025-2 (Public Maintenance Services) (the “CFD”) to pay for the services of the CFD, is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; and
WHEREAS, the proposed Amended and Restated Rate and Method of Apportionment of Special Tax is herein included as Exhibit A; and
WHEREAS, the Resolution of Consideration set March 17, 2026 as the date of the public hearing; and
WHEREAS, notice of the public hearing regarding the Amended and Restated Rate and Method of Apportionment were published in accordance with Government Code section 6061; and
WHEREAS, on March 17, 2026, this City Council held a public hearing as required by the Act and the Resolution of Consideration relative to the proposed amendments to the rate and method of apportionment of special tax of the CFD; and
WHEREAS, at the hearing all interested persons desiring to be heard for or against the proposed increase of the special tax as specified in the proposed Amended and Restated Rate and Method of Apportionment of Special Tax of the CFD were heard and a full and fair hearing was held; and
WHEREAS, written protests with respect to the amendment of the Rate and Method of Apportionment of Special Tax of the CFD have not been filed with the City Clerk by fifty percent (50%) or more of the affected registered voters residing within the territory of the CFD or affected property owners of one-half (1/2) or more of the area of land within the affected parcels within the CFD and not exempt from the proposed special taxes; and
WHEREAS, the City Council is fully advised in this matter;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hanford as follows:
Section 1. All of the recitals above are true and correct and are hereby incorporated by reference herein.
Section 2. All prior proceedings taken by this City Council with respect to the amendment of the Rate and Method of Apportionment of Special Tax of the CFD have been duly considered and are hereby determined to be valid and in conformity with the Act.
Section 3. The provisions of the Resolution of Consideration, have heretofore been adopted by this City Council and are by this reference incorporated herein, as if fully set forth herein.
Section 4. Pursuant to the provisions of the Act, the proposition of increase of the special tax within certain parcels of the CFD shall be submitted to the qualified voters of the affected parcels of the CFD at an election called therefore as hereinafter provided.
Section 5. This Council hereby finds that fewer than 12 persons have been registered to vote within the parcels affected by the increase of the Special Tax as specified in the proposed Amended and Restated Rate and Method of Apportionment of Special Tax of the CFD for each of the 90 days preceding the close of the public hearing heretofore conducted and concluded by this Council for the purposes of these amendment proceedings. Accordingly, and pursuant to Section 53326 of the Act, this Council finds that for purposes of these proceedings the qualified electors are the landowners within the territory proposed to be affected by the increase of the Special Tax within the CFD and that the vote shall be by said landowners, each having one vote for each acre or each portion thereof such landowner owns in the territory proposed to be affected by the increase of the Special Tax in the CFD.
Section 5. Pursuant to Section 53326 of the Act, the election shall be conducted by mail ballot, in accordance with the applicable provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as they have not been waived by the unanimous consent of all landowners of the affected parcels within the CFD.
Section 6. The City Council calls a special election to consider the measure described in the ballot referred to in paragraph 7 below, which election will be held on March 17, 2026 (“Election Day”) in the office of the City Clerk, at City Hall, 319 North Douty Street, Hanford, CA, 93230.
Section 7. The City Clerk will be the election official to conduct the election and caused to be provided to each affected landowner in the territory of the CFD, a ballot in the form of Exhibit B hereto, which is hereby approved.
Section 8. The City Clerk has accepted the ballots of the qualified electors received prior to 7:00 p.m. on Election Day, whether received by mail or by personal delivery.
Section 9. This Council hereby further finds that the provisions of Section 53326 of the Act requiring a minimum of 90 days to elapse before said election is for the protection of voters, that the voters have waived such requirement and the date for the election hereinabove specified is established accordingly.
Section 10. Effective Date. This resolution shall take effect upon its adoption.
PASSED, ADOPTED AND APPROVED at a regular meeting of the City Council of the City of Hanford duly called and held on the ____ day of __________, 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
_____________________
Mark Kairis
Mayor of the City of Hanford
ATTEST:
Natalie Corral
City Clerk
State of California )
County of Kings ) ss
City of Hanford )
I, Natalie Corral, City Clerk of the City of Hanford, do hereby certify the foregoing Resolution was duly passed and adopted at a regular meeting of the City Council of the City of Hanford held on the day of , 2026.
Date: City Clerk .
EXHIBIT A
City of Hanford Community Facilities District No. 2025-2 (Public Maintenance Services)
Amended and Restated Rate and Method of Apportionment of Special Tax
A Special Tax of City of Hanford Community Facilities District No. 2025-2 (Public Maintenance Services) (“CFD”) shall be levied on all Assessor's Parcels within the CFD and collected each Fiscal Year commencing in Fiscal Year 2025/26 in an amount determined by the Special Tax Administrator through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the CFD, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Act” means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California, as amended.
“Administrative Expenses” means the following actual or reasonably estimated costs incurred by the City as administrator of the CFD, provided that such costs are directly related to administration of the CFD: costs to determine, levy and collect the Special Taxes, including an allocable share of the salaries and benefits of City employees, the fees of consultants, and legal counsel; the costs of collecting installments of the Special Taxes upon the general tax rolls, including any charges levied by County departments; and the preparation of required reports and any other costs required to administer the CFD in accordance with the Act, as determined by the City.
“Annual Escalation Factor” means for Land Use Classes shown in Table 1, the greater of (i) four percent (4%) or (ii) the annual percentage increase in the Consumer Price Index for All Urban Consumers for San Francisco-Oakland-San Jose Area as determined by the Bureau of Labor Statistics. “Annual Escalation Factor” means for Land Use Classes shown in Table 2, the lessor of (i) three percent (3%) or (ii) the annual percentage increase in the Consumer Price Index for All Urban Consumers for San Francisco-Oakland-San Jose Area as determined by the Bureau of Labor Statistics, provided that the maximum special tax may not decrease. If said index is discontinued, then an alternative index may be used as determined by the Special Tax Administrator. Notwithstanding the foregoing, when the Maximum Special Tax on Detached Residential Property in Table 1 is within $100 of the Maximum Special Tax on Detached Residential Property in Table 2, the Maximum Special Tax for all Land Use Classes in Table 1 and Table 2 will be set to the lessor of Table 1 or Table 2 Maximum Special Tax amounts at said time and the “Annual Escalation Factor” in subsequent fiscal years for both Table 1 and Table 2 will be the greater of (i) four percent (4%) or (ii) the annual percentage increase in the Consumer Price Index for All Urban Consumers for San Francisco-Oakland-San Jose Area as determined by the Bureau of Labor Statistics. If said index is discontinued, then an alternative index may be used as determined by the Special Tax Administrator.
“Assessor's Parcel” means a Lot or parcel of land shown on an Assessor's Parcel Map with a parcel number assigned by the Assessor of the County that corresponds to a number shown on the County Assessor’s roll.
“Assessor's Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor's Parcel number.
“Attached Residential” means an Assessor’s Parcel of Developed Property, within the CFD for which a Building Permit has been issued for purposes of constructing a residential structure or structures sharing common walls and/or common spaces, qualified as Attached Residential at the City’s discretion, consisting of two or more Dwelling Units, including, but not limited to duplexes, triplexes, and apartment units, as of June 30th preceding the Fiscal Year in which the Special Tax is being levied.
“Base Year” means Fiscal Year 2025/26.
“Building Permit” means a permit issued for new construction of a residential or non-residential structure following the formation of the CFD. For purposes of this definition, “Building Permit” shall not include permits issued solely for grading, utility improvements, or other such improvements that are constructed and installed and are not intended for human occupancy.
“CFD” means City of Hanford Community Facilities District No. 2025-2 (Public Maintenance Services).
“City” means the City of Hanford.
“City Clerk” means the City Clerk for the City or his or her designee.
"Commercial Property" means, in any Fiscal Year, all Developed Property for which a Building Permit was issued on or prior to June 30th preceding the Fiscal Year in which the Special Tax is being levied for a commercial establishment which includes, but is not limited to, retail stores, clothing stores, book stores, drug stores, professional services (i.e., barber shops, dry cleaners), non-warehouse public storage facilities, restaurants, supermarkets, hospitals, movie theaters, appliance and electronic stores, home supply stores, auto parts stores, and other businesses providing such products and services. The City shall make the determination as to whether a Parcel is Commercial Property.
“Council” means the City Council of the City, acting as the legislative body of the CFD. “County” means the County of Kings, California.
“Detached Residential” means an Assessors’ Parcel of Developed Property within the CFD, for which a Building Permit has been issued for purposes of constructing a residential structure consisting of one single-family detached Dwelling Unit, including Mobile Homes, as of June 30th preceding the Fiscal Year in which the Special Tax is being levied.
“Developed Property” means, for Detached Residential or Attached Residential, an Assessor’s Parcel within the CFD for which a Building Permit was issued on or prior to June 30th preceding the Fiscal Year in which the Special Tax is being levied, based on the number of Dwelling Units or Building Square Footage, as applicable, per City or County records for that Assessor’s Parcel.
“Drainage Maintenance Requirement” means for any Fiscal Year in which the Special Taxes are levied, the amount equal to the budgeted costs for providing the labor, material, testing, reporting, remediation, permitting, general administration, personnel, equipment and utilities necessary to maintain public drainage improvements for, within, or associated with the CFD, including drain inlets, filters, detention basin, storm drain pipeline, and associated appurtenant facilities located within, or associated with, the CFD.
“Dwelling Unit” means each separate residential unit that comprises an independent facility capable of conveyance or rental separate from adjacent residential units, in which a person or persons may live, which comprises an independent facility and is not considered to be for non-residential use only, and as defined in the City of Hanford's Municipal Code.
“Exempt Property” means for each Fiscal Year, an Assessor's Parcel within the CFD not subject to the Special Tax. Exempt Property includes: (i) Public Property, (ii) Property Owner Association Property, (iii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement such as railroad parcels, roads and landscape lots, (iv) property reasonably designated by the City or Special Tax Administrator as Exempt Property due to deed restrictions, conservation easement, or similar factors that may make development of such property impractical for human occupancy, and (v) Welfare Exemption Property.
“Final Map” means an Assessor’s Parcel Map, a Final Subdivision Map, parcel map, condominium plan, or any other map functionally considered to be an equivalent development map that has been recorded in the Office of the County Recorder.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. "Industrial Property" means, in any Fiscal Year, all Developed Property for which a Building Permit was issued on or prior to June 30th preceding the Fiscal Year in which the Special Tax is being levied for construction of an industrial, manufacturing, or warehousing structure. The City shall make the determination as to whether a Parcel is Industrial Property. "Institutional Property" means, in any Fiscal Year, all Developed Property for which a Building Permit was issued on or prior to June 30th preceding the Fiscal Year in which the Special Tax is being levied for construction of an institutional property, including but not limited to private schools, educational centers, child daycares, convalescent centers, hospice care centers, and property used for religious purposes. The City shall make the determination as to whether a Parcel is Institutional Property.
“Landscaping and Lighting Maintenance Requirement” means for any Fiscal Year in which the Special Taxes are levied, the amount equal to the budgeted costs for providing landscaping and lighting maintenance within, or associated with the CFD, including the labor, material, administration, personnel, equipment and utilities (i.e., water and power) necessary to maintain public landscaping and lighting improvements for, within, or associated with the CFD, including trees, turf, ground cover, shrubs, weed removal, irrigation systems, sidewalk, drainage facilities, lighting, signs, monuments, graffiti removal, walkways, and associated appurtenant facilities located within, or associated with, the CFD.
“Land Use Class” means any of the classes listed in Table 1 and Table 2 and defined herein. “Lot” means an individual legal lot created by an Assessor’s Parcel Map or Final Map. “Maximum Special Tax” means the maximum Special Tax, determined in accordance with Section C below, that can be levied by the CFD in any Fiscal Year on any Assessor’s Parcel.
“Mobile Home” means a vehicle designed and equipped for human habitation as defined by the California Health & Safety Code § 18008.
“Park” means a public park, open space, trail, dog park dedicated to and/or managed by the City of Hanford.
“Park Maintenance Requirement” means, for any Fiscal Year in which the Special Taxes are levied, the amount equal to the budgeted costs for providing park maintenance services within, or associated with the City or the CFD, including but not limited to (i) the costs of contracting for park maintenance services, including trees, plant material, restrooms, irrigation systems, sidewalks, drainage facilities, weed control, lighting, and parking lot maintenance, (ii) the salaries and benefits of City staff, including maintenance staff, that directly provide park maintenance services, (iii) the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, (iv) utility costs such as water, sewer, lighting and power and (v) City overhead costs associated with providing such services.
“Property Owner Association Property” means, for each Fiscal Year, any property within the CFD that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder, to a property owner association, including any master or sub-association, which consists of property owned in common by owners of surrounding properties and it is intended for use for community purposes.
“Proportionately” means, for Developed Property, that the ratio of the actual Special Tax levied per Assessor’s Parcel of Developed Property to the Maximum Special Tax per Assessor’s Parcel of Developed Property is equal for all Assessor’s Parcels of Developed Property. “Proportionately” means, for Undeveloped Property, that the ratio of the actual Special Tax levied per Assessor’s Parcel of Undeveloped Property to the Maximum Special Tax per Assessor’s Parcel of Undeveloped Property is equal for all Assessor’s Parcels of Undeveloped Property.
"Public Property" means, in any Fiscal Year: (i) all Parcels within the boundaries of the CFD that are owned by or irrevocably offered for dedication to the federal government, the State of California, the City or any other public agency; provided, however, that Taxable City Property shall not be categorized as Public Property, and any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act (as such section may be amended or replaced) shall be taxed and classified in accordance with its use; and (ii) all Parcels within the boundaries of the CFD that are encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
“Reserve Fund” means a fund that shall be created and maintained for the CFD for each Fiscal Year to provide necessary cash flow to cover maintenance and operational cost overruns, and delinquencies in the payment of Special Taxes.
“Special Tax” means the Special Tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Sections C and D, below.
“Special Tax Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.
“Special Tax Requirement” means the sum of (i) Streetscape and Landscape Maintenance Requirement, (ii) Administrative Expenses of the CFD, and (iii) and any amounts required to establish or replenish a Reserve Fund for that Fiscal Year.
“State” means the State of California.
“Street Maintenance Requirement” means, for any Fiscal Year in which the Special Taxes are levied, the amount equal to the budgeted costs for providing the labor, material, administration, personnel, equipment and utilities necessary to maintain public streets, streetlights and associated appurtenant facilities for, within, or associated with the CFD, including City overhead costs associated with providing such services within the CFD.
“Streetscape and Landscape Maintenance Requirement” means the sum of the Landscaping and Lighting Maintenance Requirement, the Park Maintenance Requirement, the Street Maintenance Requirement, and the Drainage Maintenance Requirement.
“Taxable Property” means all Assessor’s Parcels of Developed Property and Undeveloped Property within the CFD that are not Exempt from the Special Tax pursuant to law or as defined herein.
“Undeveloped Property” means, for each Fiscal Year, an Assessor’s Parcel within the CFD for which a Building Permit has not been issued on or prior to June 30th preceding the Fiscal Year in which the Special Tax is being levied and is not classified as Exempt Property.
“Welfare Exemption Property” means, in any Fiscal Year, any Parcels that have received a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code and for which such welfare exemption is still in place.
“Zone A” means the specific area identified as Assessor’s Parcel Numbers 011-630-024-000 through 011- 630-037-000, 011-630-050-000 through 011-630-068-000, 011-630-074-000 through 011-630-094-000, and 011-630-096-000, any successor parcel numbers resulting from those parcels, or parcels annexed into Zone A of the CFD.
“Zone B” means the specific area identified as Assessor’s Parcel Numbers 011-630-001 through 011-630- 023, 011-630-038 through 011-630-049, 011-630-069 through 011-630-073, 011-630- 095, and 011-040-030-000, any successor parcel numbers resulting from those parcels, or parcels annexed into Zone B of the CFD.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, commencing with Fiscal Year 2025/26, using the definitions above, each Assessor’s Parcel within the CFD shall be classified as Taxable Property or Exempt Property. In addition, each Fiscal Year, beginning with Fiscal Year 2025/26, Taxable Property shall be further classified as Detached Residential, Attached Residential, Commercial Property, Industrial Property, Institutional Property, Mixed-use Property, or Undeveloped Property.
C. MAXIMUM SPECIAL TAX RATE
1. Taxable Property
Table 1
Maximum Special Tax for Taxable Property
Community Facilities District No. 2025-2
(Public Maintenance Services)
Fiscal Year 2025/26
Zone A
Land Use Class Description Maximum Special Tax
1A Detached Residential $541 per Dwelling Unit
2A Attached Residential $352 per Dwelling Unit
3A Commercial Property $0.489 per square foot of Non-
Residential Floor Area
4A Industrial Property $0.629 per square foot of Non-
Residential Floor Area
5A Institutional Property $0.349 per square foot of Non- Residential Floor Area
6A Mixed-Use Property
Sum of Maximum Special Tax for
each applicable Land Use Class
7A Undeveloped Property $2,426 per Lot Acre
For each Fiscal Year following the Base Year, the Maximum Special Tax rates in Table 1 shall be increased by the Annual Escalation Factor. Additional Land Use Classes, and the corresponding Maximum Special Tax of each new Land Use Class, may be added to Table 1 as a result of future annexations or if future annexations involve a new Land Use Class.
Table 2
Maximum Special Tax for Taxable Property
Community Facilities District No. 2025-2
(Public Maintenance Services)
Fiscal Year 2025/26
Zone B
Land Use Class Description Maximum Special Tax
1B Detached Residential $866 per Dwelling Unit
2B Attached Residential $563 per Dwelling Unit
3B Commercial Property $0.783 per square foot of Non-
Residential Floor Area
4B Industrial Property $1.007 per square foot of Non-
Residential Floor Area
5B Institutional Property $0.559 per square foot of Non- Residential Floor Area
6B Mixed-Use Property
Sum of Maximum Special Tax for
each applicable Land Use Class
7B Undeveloped Property $4,330 per Lot Acre
For each Fiscal Year following the Base Year, the Maximum Special Tax rates in Table 2 shall be increased by the Annual Escalation Factor. Additional Land Use Classes, and the corresponding Maximum Special Tax of each new Land Use Class, may be added to Table 2 as a result of future annexations or if future annexations involve a new Land Use Class.
2. Exempt Property
No Special Tax shall be levied on Exempt Property as defined in Section A.
For each Fiscal Year, if the use or ownership of an Assessor's Parcel of Exempt Property changes so that such Assessor's Parcel is no longer classified as one of the uses set forth in Section A, therefore making such Assessor's Parcel no longer eligible to be classified as Exempt Property, such Assessor's Parcel shall be deemed to be Taxable Property and shall be taxed pursuant to the provisions of Section C.1. and the definitions herein.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing Fiscal Year 2025/26, and for each subsequent Fiscal Year, the Special Tax Administrator shall calculate the Special Tax Requirement based on the definitions in Section A
and levy the Special Tax as follows until the amount of the Special Tax levied equals the Special Tax Requirement:
Step 1: The Special Tax shall be Proportionately levied each Fiscal Year on each Assessor’s Parcel of Developed Property up to 100% of the applicable Maximum Special Tax to meet the Special Tax Requirement. The applicable Maximum Special Tax shall be based on the Developed Property’s classification as Detached Residential, Attached Residential, Commercial, Industrial, Institutional or Mixed-Use.
Step 2: If after applying the method of apportionment in Step 1, if additional funds are needed to satisfy the Special Tax Requirement, the Special Tax shall be Proportionately levied each Fiscal Year on each Assessor’s Parcel of Undeveloped Property up to 100% of the applicable Maximum Special Tax to meet the remainder of the Special Tax Requirement needed.
E. APPEALS
Any landowner who pays the Special Tax and believes that the amount of the Special Tax levied on their Assessor’s Parcel is in error shall first consult with the Special Tax Administrator regarding such error. If following such consultation, the Special Tax Administrator determines that an error has occurred, the Special Tax Administrator may amend the amount of the Special Tax levied on such Assessor’s Parcel. If following such consultation and action, if any, the landowner believes such error still exists, such person may file a written notice with the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor’s Parcel. Upon the receipt of any such written notice, the City Clerk shall forward a copy of such notice to the City Finance Director, who shall either (1) refer the matter to the City’s existing hearing board for administrative appeals; or (2) establish as part of the proceedings and administration of the CFD, a special three-member Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The hearing board or Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner appeals, as herein specified. The decision of the hearing board or Review/Appeal Committee shall be final and binding to all persons.
F. MANNER OF COLLECTION
Special Taxes levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided however that (i) the CFD may directly bill the Special Tax, and (ii) the CFD may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the CFD or as otherwise determined appropriate by the City Council.
G. TERM OF SPECIAL TAX
Taxable Property in the CFD shall remain subject to the Special Tax in perpetuity or until the City Council takes appropriate actions to terminate the Special Tax pursuant to the Act.
EXHIBIT B
SPECIAL TAX ELECTION
City of Hanford
Community Facilities District No. 2025-2 (“CFD”)
(Public Maintenance Services)
Amendment of Rate and Method of Apportionment of Special Tax
OFFICIAL BALLOT
This ballot is for a special landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Hanford no later than 7:00 p.m. on March 17, 2026, by mail or in person. The City Clerk’s office is located at 319 N. Douty Street, Hanford, California 93230.
To vote, mark in the voting square after the word “YES” or after the word “NO”. For a list of acceptable marks, please refer to the back of this ballot.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Hanford to obtain a replacement ballot.
MEASURE: Shall the Special Tax be increased on properties within Zone B as defined in the proposed Amended and Restated Rate and Method of Apportionment of Special Tax of the City of Hanford Community Facilities District No. 2005-2 (Public Maintenance Services), as specified in Resolution No. 2026-06-R adopted by the City Council of the City of Hanford on February 17, 2026, attached hereto as Exhibit A?
Yes
No
Affected APNs: 011-630-001, 011-630-002, 011-630-003, 011-630-004, 011-630-005, 011-630-006, 011- 630-007, 011-630-008, 011-630-009, 011-630-010, 011-630-011, 011-630-012, 011-630-013, 011-630- 014, 011-630-015, 011-630-016, 011-630-017, 011-630-018, 011-630-019, 011-630-020, 011-630-021, 011-630-022, 011-630-023, 011-630-038, 011-630-039, 011-630-040, 011-630-041, 011-630-042, 011- 630-043, 011-630-044, 011-630-045, 011-630-046, 011-630-047, 011-630-048, 011-630-049, 011-630- 069, 011-630-070, 011-630-071, 011-630-072, 011-630-073, 011-630-095, 011-040-030
APN Acres: 17.428
Property Owner Name: D.R. Horton Ca3 Inc.
Authorized Representative: David Hatch
This Ballot Represents 18 votes.
Authorized Representative Signature: _____________________________
RESOLUTION NO. 2026-16-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HANFORD DECLARING
THE RESULTS OF A SPECIAL ELECTION, DETERMINING VALIDITY OF PRIOR
PROCEEDINGS, AND DIRECTING THE RECORDING OF AN AMENDED NOTICE OF
SPECIAL TAX LIEN FOR THE CITY OF HANFORD COMMUNITY FACILITIES DISTRICT NO. 2025-2 (PUBLIC MAINTENANCE SERVICES)
WHEREAS, in proceedings heretofore conducted by the City Council of the City of Hanford (the “City Council”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311, of the California Government Code (the “Act”), the City Council adopted Resolution No. 2026-15-R on March 17, 2026, entitled “Resolution of the City Council of the City of Hanford Calling a Special Election and Submitting to the Qualified Electors of the City of Hanford Community Facilities District No. 2025-2 (Public Maintenance Services) Propositions Regarding the amendment of the Rate and Method of Apportionment of Special Tax to Increase the Special Tax on Certain Property Within Said Community Facilities District” (the “Resolution Calling Election”), calling for a special election (the “Special Election”) of the qualified electors within Community Facilities District No. 2025-2 (Public Maintenance Services) (the “CFD”); and
WHEREAS, pursuant to the terms of the Resolution Calling Election, which are by this reference incorporated herein, the Special Election was held on March 17, 2026, and the City Clerk has on file a Certificate of the City Clerk as to the Results of the Canvass of the Election Returns (the “Certificate”), a copy of which is attached hereto as Exhibit A and by this reference incorporated herein; and
WHEREAS, this City Council has reviewed said Certificate and hereby approves it.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hanford as follows:
Section 1. The above recitals are all true and correct.
Section 2. The ballot measure (the “Ballot Measure”) presented to the qualified electors is set forth in the Certificate in Exhibit A attached hereto and by this reference incorporated herein.
Section 3. The results of the Special Election are as set forth in the Certificate on file with the City Clerk and attached hereto as Exhibit A. Pursuant to the Certificate, the Ballot Measure presented at the Special Election was approved by the qualified electors of the CFD.
Section 4. This City Council, acting in its capacity as legislative body of the CFD, is hereby authorized to levy on the land within the CFD the increased special tax described in the Ballot Measure and to take the necessary steps to levy said special tax authorized by the Ballot Measure.
Section 5. It is hereby found that all prior proceedings and actions taken by this City Council with respect to the increase of the Special Tax on certain properties within the CFD were valid and in conformity with the Act.
PASSED, ADOPTED AND APPROVED at a regular meeting of the City Council of the City of Hanford duly called and held on the ____ day of __________, 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mark Kairis
MAYOR of the City of Hanford
ATTEST:
Natalie Corral
City Clerk
State of California )
County of Kings ) ss
City of Hanford )
I, Natalie Corral, City Clerk of the City of Hanford, do hereby certify the foregoing Resolution was duly passed and adopted at a regular meeting of the City Council of the City of Hanford held on the day of _______________, 2026.
Date: City Clerk .
EXHIBIT A
CITY OF HANFORD
COMMUNITY FACILITIES DISTRICT NO. 2025-2
(PUBLIC MAINTENANCE SERVICES)
AMENDMENT OF RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
CERTIFICATE OF THE CITY CLERK AS TO THE
RESULTS OF THE CANVASS OF THE ELECTION RETURNS
I, Natalie Corral, City Clerk of the City of Hanford, hereby certify that I canvassed the returns of the Special Election in the City of Hanford Community Facilities District No. 2025-2 (Public Maintenance Services) (the “District”), that the election was held in the Chambers of the City Council at 400 N. Douty Street, Hanford, California 93230 on March 17, 2026.
I further certify that the total number of ballots cast in said election and the total number of votes cast for and against the measure are full, true and correct:
Ballot Measure
Qualified
Eligible
Votes
Votes
Cast Yes No
Shall the Special Tax be increased on properties
within Zone B as defined in the proposed
Amended and Restated Rate and Method of
Apportionment of Special Tax of the City of
Hanford Community Facilities District No. 2005-
2 (Public Maintenance Services), as specified in
Resolution No. 2026-06-R adopted by the City
Council of the City of Hanford on February 17,
2026, attached hereto as Exhibit A?
18 IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this ___ day of ______________, 2026.
By: __________________________
Natalie Corral
City Clerk
City of Hanford
RESOLUTION NO. 2026-17-R
A RESOLUTION OF CHANGE OF THE CITY COUNCIL OF THE CITY OF HANFORD
RELATING TO AND MAKING CERTAIN AMENDMENTS TO RATE AND METHOD
OF APPORTIONMENT OF SPECIAL TAX OF THE CITY OF HANFORD
COMMUNITY FACILITIES DISTRICT NO. 2025-2 (PUBLIC MAINTENANCE
SERVICES)
WHEREAS, the City Council (the “City Council”) of the City of Hanford (the “City”) conducted proceedings under and pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 (beginning with Section 53311) of the Government Code of the State of California (the “Act”), to form a community facilities district within the City of Hanford, designated and known as Community Facilities District No. 2025-2 (Public Maintenance Services (the “CFD”), set forth in the City Council’s Resolution No. 2025-22-R (the “Resolution of Formation”), adopted July 1, 2025, and subsequently annexed additional property into the CFD pursuant to Resolution No. 25-59-R, adopted October 21, 2025; and
WHEREAS, the City Council makes reference to Resolution No. 2026-06-R, adopted on February 17, 2026 (the “Resolution of Consideration”), Resolution No. 2026-15-R, adopted on March 17, 2026 (the “Resolution Calling Election”), and Resolution No. 2026-16-R, adopted on March 17, 2026 (the “Resolution Declaring Election Results”), (together, the “Resolutions”); and
WHEREAS, pursuant to the Resolutions, the City Council has conducted a special mailed-ballot election; and
WHEREAS, the Clerk has filed with the City Council a Certificate of Election Results for the CFD as shown on Exhibit A of the Resolution Declaring Election Results and indicating that all votes cast in the special mailed-ballot election were cast in favor of approving the levy of the increased special tax as indicated in the proposed amendments to the rate and method of apportionment of the special tax set forth in the Resolution of Consideration; and WHEREAS, the City Council is fully advised in this matter;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hanford as follows:
Section 1. The above recitals are true and correct.
Section 2. The City Council hereby accepts the Certificate of Election Results.
Section 3. The City Council hereby finds and determines and declares that the ballot measure submitted to the qualified electors in the CFD on the question of approving the increased Special Tax in accordance with the Amended and Restated Rate and Method of Apportionment of Special
Tax as indicated in the Resolution of Consideration has been passed and approved by those qualified electors in accordance with Section 53338 of the Government Code.
Section 4. The City Council hereby finds, determines and declares that the proposed amendments to the Rate and Method of Apportionment of Special Tax are now authorized by the special elections called by the Resolutions.
Section 5. The City Council hereby authorizes and directs the City Clerk to cause an Amended Notice of Special Tax Lien for Community Facilities District 2025-2 (Public Maintenance Services) to be prepared and to be recorded with the County Recorder of the County of Kings in accordance with the provisions of Section 3117.5 of the Streets and Highways Code and Section 53338(c) of the Government Code. The Amended Notice of Special Tax Lien shall have the Amended and Restated Rate and Method of Apportionment of Special Tax attached to it and shall be recorded in the County Recorder’s office within fifteen days of today’s date.
Section 6. Effective Date. This resolution shall take effect upon its adoption.
PASSED, ADOPTED AND APPROVED at a regular meeting of the City Council of the City of Hanford duly called and held on the ____ day of __________, 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
_____________________
Mark Kairis
Mayor of the City of Hanford
ATTEST:
Natalie Corral
City Clerk
State of California )
County of Kings ) ss
City of Hanford )
I, Natalie Corral, City Clerk of the City of Hanford, do hereby certify the foregoing Resolution was duly passed and adopted at a regular meeting of the City Council of the City of Hanford held on the day of , 2026.
Date: City Clerk .
ORDINANCE NO. 26-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HANFORD, CALIFORNIA,
LEVYING SPECIAL TAXES WITHIN THE CITY OF HANFORD COMMUNITY FACILITIES DISTRICT NO. 2025-2 (PUBLIC MAINTENANCE SERVICES)
WHEREAS, the City Council of the City of Hanford established the Community Facilities District No. 2025-2 (Public Maintenance Services) (the “CFD”) by adoption of Resolution No. 2025- 22-R on July 1, 2025, and annexing territory into the CFD by adoption of Resolution No. 25-59-R on October 21, 2025 (each the “Resolutions of Formation”); and
WHEREAS, the City Council, on February 17, 2026, adopted Resolution No. 2026-06-R entitled “A Resolution of Consideration of the City Council of the City of Hanford to Make Changes to the Rate and Method of Apportionment of Special Tax Established for Community Facilities District No. 2025-2 (Public Maintenance Services)” (the “Resolution of Consideration”); and
WHEREAS, a copy of the Resolution of Consideration, stating the Proposed Amendments to be provided in the Amended and Restated Rate and Method of Apportionment of the Special Tax to be levied within the Community Facilities District No. 2025-2 (Public Maintenance Services) (the “CFD”) to pay for the services of the CFD, is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; and
WHEREAS, the Resolution of Consideration set March 17, 2026 as the date of the public hearing; and
WHEREAS, notice of the public hearing regarding the Amended and Restated Rate and Method of Apportionment of Special Tax were published in accordance with Government Code section 6061; and
WHEREAS, on March 17, 2026, this City Council held a public hearing as required by the Act and the Resolution of Consideration relative to the proposed amendments to the rate and method of apportionment of special tax of the CFD; and
WHEREAS, at the hearing all interested persons desiring to be heard for or against the proposed increase of the special tax as specified in the proposed Amended and Restated Rate and Method of Apportionment of Special Tax of the CFD were heard and a full and fair hearing was held; and
WHEREAS, written protests with respect to the amendment of the Rate and Method of Apportionment of Special Tax of the CFD have not been filed with the City Clerk by fifty percent (50%) or more of the registered voters residing within the territory of the CFD or property owners of one-half (1/2) or more of the area of land within the CFD and not exempt from the proposed special taxes; and
WHEREAS, an election was held within the CFD in which the affected landowners approved said propositions by ballots cast in the election.
WHEREAS, the City Council, on March 17, 2026, adopted Resolution No. 2026-17-R entitled “A Resolution of Change of the City Council of the City of Hanford Relating to and Making Certain
Amendments to the City of Hanford Community Facilities District No. 2025-2 (Public Maintenance Services)” (the “Resolution of Change”); and
WHEREAS, the City Council is fully advised in this matter;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Hanford as follows:
Section 1. By the passage of this Ordinance, this City Council hereby authorizes and levies special taxes within the District, pursuant to the Act, at the rate and in accordance with the Amended and Restated Rate and Method of Apportionment of Special Tax appended as Exhibit B to the Resolution of Consideration (the “Amended Rate and Method of Apportionment of Special Tax”), which, along with the Resolution of Change are by this reference incorporated herein. The Special Tax is hereby levied to pay for the Services for the CFD according to the Amended and Restated Rate and Method of Apportionment of Special Tax, commencing in fiscal year 2025-26 and in each fiscal year thereafter.
Section 2. The Finance Director of the City or her designee is hereby authorized and directed each fiscal year to determine the specific special tax rate and amount to be levied for each parcel of real property within the CFD, in the manner and as provided in the Amended and Restated Rate and Method of Apportionment of Special Tax.
Section 3. Exemptions from the levy of the Special Tax shall be as provided in the Resolution of Consideration and the applicable provisions of the Act. In no event shall special taxes be levied on any parcel within the CFD in excess of the maximum tax specified in the Amended and Restated Rate and Method of Apportionment of Special Tax.
Section 4. All of the collections of the special tax shall be used as provided for in the Act and in the Resolutions of Formation, including, but not limited to, the payment of costs of providing the Services, the payment of City costs in administering the CFD and the costs of collecting and administering the special tax.
Section 5. The special taxes shall be collected from time to time as necessary to meet the financial obligations of the CFD. The special taxes will be collected in the same manner as ordinary ad valorem property taxes, and the special taxes shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes. In addition, the provisions of California Government Code section 53356.1 shall apply to delinquent special tax payments. The Finance Director or her designee is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Kings and to take all actions necessary to effect proper billing and collection of the special tax, so that the special tax shall be levied and collected in sufficient amounts and at the times necessary to satisfy the financial obligations of the CFD in each fiscal year.
Notwithstanding the foregoing, any special taxes that cannot be collected on the County tax roll, or are not so collected, may be collected through direct billing by the City.
Section 6. If for any reason a court with jurisdiction finds any portion of this ordinance to be invalid or finds the special tax to be inapplicable to any particular parcel, then the balance
of this ordinance and the application of the special tax to the remaining parcels shall not be affected.
Section 7. This ordinance shall take effect and be in force immediately as a tax measure; and before the expiration of fifteen (15) days after its passage the same shall be published, with the names of the members voting for and against the same, at least once in a newspaper of general circulation published and circulated in the CFD.
Passed and adopted by the City Council of the City of Hanford at a regular meeting being held on March 17, 2026 by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED
Mark Kairis
MAYOR of the City of Hanford
ATTEST:
Natalie Corral
City Clerk
State of California )
County of Kings ) ss
City of Hanford )
I, Natalie Corral, City Clerk of the City of Hanford, do hereby certify the foregoing Resolution was duly passed and adopted at a regular meeting of the City Council of the City of Hanford held on the day of , 2026.
___________________.
Natalie Corral
City Clerk
City of Hanford
14.A.
AGENDA
STAFF REPORT
MEETING DATE: 3/17/2026 AGENDA SECTION: GENERAL BUSINESS
SUBJECT:
Approval of the Real Estate Purchase and Sale Agreement with Escrow Instructions for a purchase price of $1.5 million and Authorization for the Mayor and City Manager to Execute Necessary Documents for the Purchase of Kings County APNs 012-045-006 and 012-045-007 from the Richard and Linda Alanis Trust dated December 13, 2005, with personal property included, and appropriation of $200,000 in the Fleet Operations Fund, and approximately $1.3 million in Measure H Funding.
RECOMMENDATION:
Recommendation: Approval of the Real Estate Purchase and Sale Agreement with Escrow Instructions for a purchase price of $1.5 million and Authorization for the Mayor and City Manager to Execute Necessary Documents for the Purchase of Kings County APNs 012-045-006 and 012-045- 007 from the Richard and Linda Alanis Trust dated December 13, 2005, with personal property included, and appropriation of $200,000 in the Fleet Operations Fund, and approximately $1.3 million in Measure H Funding.
Recommended Motion: I move to approve the Real Estate Purchase and Sale Agreement with Escrow Instructions for a purchase price of $1.5 million and Authorization for the Mayor and City Manager to Execute Necessary Documents for the Purchase of Kings County APNs 012-045-006 and 012-045-007 from the Richard and Linda Alanis Trust dated December 13, 2005, with personal property included, and appropriation of $200,000 in the Fleet Operations Fund, and approximately $1.3 million in Measure H Funding.
BACKGROUND:
History and Current Status
Richard and Linda Alanis, as Trustees of the Richard and Linda Alanis Trust, dated December 13, 2005, currently own those certain parcels located along the northside of East 6th Street, comprised of approximately 12,000 square feet. The parcels are currently occupied by Roberts Collision Center.
The City desires to purchase the two parcels from the Richard and Linda Alanis Trust dated December 13, 2005, to construct a new public safety building. In addition to the real property, the City will be acquiring automotive lifts and air compressors from the seller.
Agreement Details
The purchase price has been set at one million five hundred thousand dollars ($1,500,000.00). Key provisions in the agreement with the Richard and Linda Alanis Trust, dated December 13, 2005, include:
1. Deposit: Within five (5) business days of the execution of the Purchase and Sale Agreement, the City is to make a three percent (3%) purchase price deposit in the amount of forty-five thousand dollars ($45,000.00) with the escrow holder. The remainder of the purchase price is to be deposited at least one (1) business day before the close of escrow.
2. Leaseback. The City has agreed to a six (6) month complimentary leaseback period after the close of escrow to seller. Alternatively, the seller may elect to delay the close of escrow until June 1, 2026, but is to provide written notice to the City fifteen (15) days following full execution or the Purchase and Sale Agreement of its intention to delay the close of escrow until June 1, 2026.
3. Due Diligence Period. Commencing on the date of execution of the Purchase and Sale Agreement, the City has forty-five (45) days to undertake an inspection of the parcels, conduct a Phase I environmental assessment, and conduct a review and investigation of the effect of any zoning, maps, permits, reports, engineering data, regulations, ordinances, and law affecting the parcels. If such Phase I environmental assessment demonstrates environmental concerns that require further review through a Phase II environmental assessment, the Due Diligence Period shall be extended for an additional period of ninety (90) days to allow Purchaser to complete a Phase II environmental assessment. At any time prior to the initial forty-five (45) day Due Diligence Period, the City may terminate the Purchase and Sale Agreement, whereupon the City’s Deposit will be promptly returned to the City.
4. Title Insurance. At the close of escrow, the escrow holder shall issue its CLTA Owner’s Policy of Title Insurance and the City’s requested endorsements showing title to the parcels vested in the City.
5. Prorations. The escrow holder is to prorate all real and personal property taxes, and all other charges or assessments related to the parcels, using the latest tax bills, using a 365-day year. Utility or insurance costs and premiums are to be prorated outside of escrow by the City and the Alanis Trust.
6. Transaction Costs: The City and the Alanis Trust shall be responsible for their own legal and miscellaneous expenses. Transfer and recordation taxes, along with the CLTA Owner’s Policy of Title Insurance is to be paid for by the Alanis Trust. All escrow costs are to be split evenly between the City and the Alanis Trust.
FISCAL IMPACT:
The purchase price of the five parcels totals one million five hundred thousand dollars ($1,500,000.00), with additional escrow costs, real and personal property taxes, and other charges and assessments in an amount not yet determined.
Of the total acquisition cost, $200,000 will be funded by the Fleet Operations Fund, an internal service fund, to account for the fleet related personal property included in the sale and its use for general City fleet services. These costs will be allocated using the historical annual costs per department utilizing fleet services. The remaining approximately $1,300,000 will be funded through Measure H funds designated for the Public Safety Building Project.
ATTACHMENTS:
1. COH Alanis Purchase and Sale Agreement
1 REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH ESCROW INSTRUCTIONS
This REAL ESTATE PURCHASE AND SALE AGREEMENT WITH ESCROW INSTRUCTIONS (“ Agreement”) is made and entered as of March ____, 2026 (“ Effective Date”), by and between the CITY OF HANFORD, a municipal corporation, as “Purchaser”, and THE RICHARD AND LINDA ALANIS TRUST dated December 13, 2005 as “Seller.” Purchaser and Seller are sometimes hereinafter referred to separately as a “ Party” or collectively as “Parties.”
RECITALS
This Agreement is made with reference to the following facts:
a. Seller is the owner of those certain parcels of real property located along the northside of E 6th Street, comprised of approximately 12,000 square feet, located in the City of Hanford, County of Kings, State of California, consisting of Kings County Assessor’s Parcel Numbers 012-045-006, and 012 -045-007, and are more particularly described as attached hereto on Exhibit A (collectively, the “Properties”). b. Along with the Properties, Seller is the owner of that certain personal property located on the Properties consisting of automotive lifts and air compressors (collectively, the “Personal Property”).
c. Seller desires to sell the Properties with the Personal Property located thereon to Purchaser and Purchaser desires to purchase the Properties with the Personal Property located thereon from Seller, according to the terms and subject to the conditions of this Agreement.
d. This Agreement is made in consideration of the mutual agreements, conditions, covenants, promises, representations, undertakings, and warranties contained herein.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties hereby agree as follows:
1. Purchase and Sale . Subject to all of the terms, conditions and provisions of this Agreement and for the consideration set forth herein, Seller agrees to sell to Purchaser and Purchaser agrees to buy at the closing of the transaction contemplated by this Agreement (“Closing”), as defined in this Agreement, the Properties with the Personal Property located thereon . The sale and purchase of the Properties with the Personal Property located thereon shall be consummated by means of an escrow (“ Escrow”) opened at the offices of CHICAGO TITLE INSURANCE COMPANY (“ Escrow Holder”) located at 1460 W 7th Street #102, Hanford, California. This Agreement shall constitute the instructions for the Escrow upon acceptance by Escrow Holder. The Parties shall also execute such additional escrow instructions as may be required by Escrow Holder, but the same shall be consistent with this Agreement and not modify
2 the terms hereof unless specifically approved by the Parties, such approval to be given or withheld in their sole discretion.
2. Purchase Price . The purchase price for the Properties with the Personal Property located thereon shall be One Million Five Hundred Thousand and 00/100 Dollars ($1,500,000.00) (“Purchase Price”), subject to customary prorations and adjustments.
3. Payment of Purchase Price. The Purchase Price shall be paid as follows:
a. Within five (5) business days after the execution of this Agreement by both Parties, Purchaser shall deposit Forty-Five Thousand and 00/100 Dollars ($45,000.00) (“Deposit”) with Escrow Holder. The entire Deposit shall accrue to the benefit of Purchaser and be applied against the Purchase Price at the Closing. If Purchaser exercises its right to cancel and terminate this Agreement, as provided herein, the Deposit shall be promptly paid to the Purchaser by Escrow Holder and this Agreement shall be of no furth er force and effect, except for the covenants in this Agreement that expressly survive termination as set forth herein.
b. At least one (1) business day before the Closing, Purchaser shall deposit the balance of the Purchase Price with Escrow Holder, in cash, by wire transfer or other immediately available funds.
4. Liquidated Damages. IF THE ESCROW FAILS TO CLOSE BY THE SCHEDULED CLOSING DATE AS A RESULT OF PURCHASER’S DEFAULT IN THE
PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT, THE
DEPOSIT AND INTEREST ACCRUED THEREON SHALL BE RETAINED BY SELLER AS LIQUIDATED DAMAGES AND AS SE LLER’S EXCLUSIVE REMEDY AGAINST PURCHASER, AT LAW OR IN EQUITY OR OTHERWISE.
RETENTION OF SUCH FUNDS BY SELLER AS LIQUIDATED DAMAGES IS
NOT INTENDED AS A FOREFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 OR 3369, BUT INSTEAD, IS
INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO SELLER
PURSUANT TO SECTIONS 1671, 1676 AND 1677 OF THE CALIFORNIA CIVIL CODE. BECAUSE OF THE SPECIAL NATURE OF THE NEGOTIATIONS THAT PRECEDED ACCEPTANCE BY SELLER OF PURCHASER’S OFFER TO
ACQUIRE THE PROEPRTIES, THE PARTIES ACKNOWLEDGE THAT THE
ACTUAL DAMAGE THAT WOULD RESULT TO SELLER AS A RESULT OF SUCH FAILURE WOULD BE EXTREMELY DIFFICULT TO ESTABLISH. IN
ADDITION, PURCHASER DESIRES TO LIMIT ITS POTENTIAL LIABILITY TO SELLER IN THE EVENT THAT THIS TRANSACTION SHALL FAIL TO CLOSE.
BY SEPARATELY INITIALING BELOW, THE PARTIES HEREBY
ACKNOWLEDGE THEIR AGREEMENT CONCERNING LIQUIDATED
DAMAGES.
_______________ _______________
Seller Initials Purchaser Initials
3 5. Possession. Seller shall deliver possession of the Properties with the Personal Property located thereon to Purchaser at the Closing.
6. Condition of Title to Properties . Seller shall convey fee title to the Properties to Purchaser subject only to those encumbrances, contracts, agreements, rights, easements, rights of way, and mineral leases, rights and reservations as set forth in a preliminary report of title to the Pro perties to be prepared by Escrow Holder (“ Title Report”) promptly after the opening of the Escrow. Upon receipt of the Title Report, and each document shown as an exception or encumbrance in the Title Report, Purchaser shall have fifteen (15) calendar days within which to notify Seller and Escrow Holder in writing of any exceptions to title as shown therein that Purchaser disapproves (“Objectionable Exceptions”). If Purchaser notifies Seller and Escrow Holder of one or more Objectionable Exception(s), Seller shall have fifteen (15) calendar days from receipt of such written notice to (i) remove the Objectionable Exception(s), or (ii) refuse to remove the Objectionable Exception(s), in which Purchaser may elect to waive its objection(s) and consummate this tr ansaction, or terminate this Agreement and receive a refund of the Deposit and accrued interest, whereupon neither Party shall have any further obligation to sell or purchase the Properties. Purchaser’s failure to provide Seller and Escrow Holder with written notice of the Objectionable Exceptions within said fifteen (15) calendar day period shall constitute Purchaser’s approval of the Title Report and all exceptions shown therein (collectively, “Permitted Exceptions”). After Purchaser’s approval of the Title Report, Seller shall not allow, cause, or permit any additional exceptions to the condition of title to occur without Purchaser’s approval, other than ongoing real property taxes and assessments already of record.
7. Title Insurance . At the Closing, Escrow Holder shall commit to issue its CLTA Owner’s Policy of Title Insurance and Purchaser’s requested endorsements (provided, however, Purchaser may elect to obtain ALTA extended coverage if Purchaser so notifies Escrow Holder prior to the Closing and such election does not delay the close of Escrow) showing title to the Properties vested in Purchaser, subject only to the Permitted Exceptions as determined in accordance with Section 6 of this Agreement.
8. Due Diligence Period.
a. During the period commencing on the Effective Date and terminating at 5:00 p.m. forty-five (45) days from the Effective Date (the “Due Diligence Period”), Purchaser shall undertake, at Purchaser’s expense, including (but not limited to): (i) an inspection of the Properties; (ii) a review of the physical condition of the Properties, including (but not limited to), a Phase I environmental assessment, which includes inspection and examination of soils, environmental factors, hazardous substances, if any, and archeological information relating to the Properties; and (iii) a review and investigation of the effect of any zoning, maps, permits, reports, engineering data, regulations, ordinances and law affecting the Properties. Seller shall make available to Purchaser , within ten
4 (10) calendar days after the Effective Date, all property information in its possession or control during the Due Diligence Period, including, but not limited to, the leases for the Properties, historical revenue and expense information, all third party reports, service contracts, warranties, notice s from any governmental or permit authorities, building plans and/or specifications, maintenance and repair records, surveys, and any other documents that concern the Properties and are in Seller’s possession or control. b. If such Phase I environmental assessment demonstrates environmental concerns that require further review through a Phase II environmental assessment, the Parties agree that the Due Diligence Period shall be extended for an additional period of ninety (90) days, calculated from the Effective Date of this Agreement, to allow Purchaser to complete a Phase II environmental assessment.
c. If Purchaser, in its sole and absolute discretion, and for any reason, approves all, or disapproves the results of any aspect of Purchaser’s inspection and review, Purchaser shall give, prior to 5:00 p.m. on the last day of the Due Diligence Period, either (i) its notice of approval, or (ii) its notice of disapproval and termination of this Agreement. If Purchaser , prior to 5:00 p.m. on the last day of the Due Diligence Period, terminates this Agreement, the Deposit shall be promptly returned to Purchaser.
d. If the transaction is disapproved, the Parties hereto shall be relieved of all further obligations or liabilities hereunder except as is otherwise specifically provided in this Section 8.
e. Purchaser shall, prior to Closing, indemnify, defend and hold Seller and Seller’s officials, officers, employees, representatives and agents and the Properties harmless from and against any and all loss, cost, damage, expense, claim or liability, including personal injury, loss of life and/or property damage incurred by: (i) Purchaser or Purchaser’s officials, officers, employees, representatives and agents as a result of the condition of the Properties; or (ii) by any person or entity as a result of the acts or omissions of Purchaser or its representatives, employees, contractors, or agents in performing any inspection and/or testing activity on or about the Properties (provided, however, the indemnity of this Section 8(e) shall not apply to any pre-existing environmental condition unless the willful, intentional, or negligent act of Purchaser makes the pre -existing condition worse). Purchaser shall promptly pay all costs, fees, and expenses incurred as a result of or associated with such inspection work done or caused to be done on the Properties as permitted by this Section 8. Purchaser shall keep the Properties free from any and all mechanics or similar liens or charges resulting from such inspection work.
9. Settlement. Unless otherwise extended by the Parties in writing, the Closing shall occur as soon as possible or before the fifteenth (15th) calendar day following the expiration of the
5 Due Diligence Period. The date on which Closing Occurs is referred to as the “Closing Date.” If the Escrow is not in a condition to close by the Closing Date, Escrow Holder, except as otherwise provided herein, shall cancel the Escrow upon receipt of written notice from either Party of such cancellation; provided, however, that if Escrow is not in a condition to close by the Closing Date due to the failure of only one Party to perform, and such failure to perform constitutes a default under this Agreement, and the other Party has fully performed all of the obligations required of it in order to close the Escrow, only the performing Party shall be entitled to provide Escrow Holder with written notice of cancellation. In the absence of any written notice of cancellation, Escrow Holder shall proceed to close the Escrow as soon as possible.
10. Condition of the Properties. Except for representations made in writing by Seller prior to the Closing Date:
a. Purchaser expressly acknowledges that Purchaser is buying the Properties and the Personal Property located thereon in an “AS IS AND WHERE AS” condition, and that it has not relied on any warranties, promises, understandings or representations, express or implied, of Seller or any employee, agent or representative of Seller, or any document relating to the Properties, except as are specifically set forth in this Agreement. Purchaser acknowledges that any and all feasibility or market reports, environmental a ssessments, engineering studies and other information of any type that Purchaser has received or may receive from Seller or its agents are furnished on the express condition that Purchaser shall make an independent verification of the accuracy of any such information, all such information being furnished without any warranty whatsoever.
b. Purchaser acknowledges and agrees that neither Seller nor any employee, agent or representative of Seller has made any representation or warranty to Purchaser concerning the Properties or the Personal Property located thereon , including, without limitation, the suitability of the Properties or the Personal Property located thereon for Purchaser’s intended use or its compliance with any statutes, ordinances, rules or regulations. Purchaser shall perform and rely solely upon its own independent investigation concerning the Properties and the Personal Property located th ereon and the Properties and/or the Personal Property located thereon’s compliance with any applicable law. Purchaser acknowledges that it is acquiring the Properties subject to all e xisting laws, ordinances, rules and regulations, and that neither Seller nor any of Seller's representatives, agents or employees have made any warranties, representations or statements regarding any laws, ordinances, rules and regulations of any governmental or quasi -governmental body, entity, district, or agency having authority with respect to the use, condition or occupancy of the Properties. c. Purchaser shall perform and rely solely upon its own investigation concerning Purchaser’s intended use of the Properties and the Personal Property located
6 thereon, the Properties and Personal Property’s fitness therefore, and the permissibility of such intended use under applicable statutes, ordinances, rules and regulations.
d. Except as expressly set forth in this Agreement, from and after the Closing, Purchaser will indemnify, defend, and will hold Seller harmless and hereby waives, releases, remises, acquits and forever discharges Seller, its officers, employees, and agents, and their respective heirs, successors, personal representatives and assigns, of and from any and all suits, causes of action, legal, equitable or administrative proceedings, claims, demands, actual damages, punitive damages, losses, costs, liabilities, interest, attorneys fees and expenses of whatever kind and nature, in law or in equity, known or unknown, arising out of or in any way connected with, directly or indirectly, or based upon or arising out of the condition, status, quality, nature or environmental state of the Properties; provided however, such duty to indemnify, defend, and hold Seller harmless shall not apply with respect to Seller’s gross negligence or intentional misconduct. It is the intention of this Agreement that, except for Seller’s gross negligence and intentional misconduct and except as otherwise expressly set forth herein, any and all responsibilities and obligations of Seller to Purchaser, and any and all rights or claims of Purchaser, its successors and assigns and affiliated entities, with respect to, or as against Seller arising by virtue of, the physical or environmental condition of the Properties are by this release provision declared to be, from and after the Closing, null and void and of no present or future effect as to such parties. With respect to the matters released by Purchaser pursuant to this Section 10, Purchaser waives the benefits of Section 1542 of the Civil Code of the State of California, which provides as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
11. Covenants, Warranties and Representations of Seller . Seller hereby makes the following covenants, representations and warranties:
a. Except as otherwise disclosed herein, Seller’s execution of this Agreement and performance of its obligations hereunder will not violate any agreement, option, covenant, condition, obligation or undertaking of Seller. b. Seller is not a “foreign person” as defined in Section 1445(1) of the Internal Revenue Code of 1986, as amended. At the Closing, Seller shall provide Purchaser Affidavits of Non-Foreign Status made under penalty of perjury, if required by Escrow Holder.
7 c. Except as otherwise disclosed herein, there are no liens on title or actions, suits, or proceedings of any kind or nature whatsoever, legal or equitable, pending or to the best of Seller’s knowledge, threatened against Seller, or the Properties and Personal Property located thereon , and relating to or arising out of the ownership, management, or operation of the Properties, in any court or before or by any federal, state, county or municipal department, commission, board, bureau, agency, or other government instrumentality.
d. The Properties are not subject to any third-party leases or other use rights, with the exception of those rights, if any, which may be reflected in the Title Report. e. Seller will not market the Properties for a period of sixty (60) days from the Effective Date, nor shall Seller or any of its employees, representatives, agents, or affiliates, directly or indirectly, offer the Properties (or any portion thereof), accept any other offers for the purchase and sale of the Properties (or any portion thereof), or solic it any bids or indications of interest, or initiate or otherwise participate in any negotiations or discussions with any person or entity other than Purchaser wit h respect to the Properties. This exclusivity paragraph shall be legally binding upon Seller, and Seller hereby agrees not to circumvent, avoid, bypass, or obviate, directly or indirectly, the intent of this exclusivity paragraph through any transaction, t ransfer, pledge, agreement, recapitalization, loan, lease, assignment, or otherwise. f. To Seller’s current actual knowledge, the Properties currently are in compliance in all respects with the rules, regulations, ordinances and laws of all governmental authorities having jurisdiction over the Properties. g. Seller shall notify Purchaser immediately if Seller becomes aware of any new information or material change concerning the Properties that affect the representations and warranties of Seller under this Agreement.
12. Covenants, Warranties, and Representations of Purchaser. Purchaser hereby makes the following covenants, representations and warranties:
a. Purchaser has the authority to enter into this Agreement, purchase the Properties and the Personal Property located thereon , and to otherwise perform as set forth herein. The person executing this Agreement on behalf of Purchaser has the full legal authority and is duly authorized to sign this Agreement on behalf of Purchaser and to bind Purchaser to all of the terms and conditions of this Agreement.
b. Purchaser’s execution of this Agreement and performance of its obligations hereunder will not violate any agreement, option, covenant, condition, obligation, or undertaking of Purchaser.
c. There are no actions, suits, or proceedings of any kind or nature whatsoever, legal or equitable, pending or, to the best of Purchaser’s knowledge, threatened against Purchaser, in any court or before or by any federal, state, county, or municipal departme nt, commission, board, bureau, agency, or
8 other governmental instrumentality seeking to challenge Purchaser’s ability to purchase the Properties.
13. Survival of Warranties . The satisfaction, truth, accuracy, and completeness of each of the representations, warranties and covenants of Purchaser and Seller contained in this Agreement, as of the date hereof and as of the Closing, shall constitute a condition precedent to the obligations of Seller and Purchaser, respectively, hereunder. All representations, warranties, covenants, obligations, responsibilities and agreements set forth herein shall survive the Closing, and Seller and Purchaser each agree to indemnify, defend and hold the other harmless from any claim, demand, liability, loss or cost (including without limitation, reasonable attorneys' fees and costs) which the other may sustain arising out of any breach of and provision of this Section 13.
14. Leaseback. Purchaser shall permit Seller, and Seller shall accept, a complimentary leaseback for six (6) months after the Closing. Alternatively, Seller may elect to delay the Closing until June 1, 2026, but shall provide written notice to Purchaser within fifteen (15) days following full execution of this Agreement of Seller’s intent to delay the Closing until June 1, 2026.
15. Seller and Finder’s Fee. In addition to the consideration provided for in Section 2 of this Agreement, Purchaser shall pay up to three percent (3.00%) in Seller and Finder’s fees.
16. Conditions Precedent to Seller’s Obligations to Perform . Seller’s obligation to perform as set forth herein is expressly conditioned on satisfaction of each and every one of the following conditions precedent:
a. Purchaser shall have timely performed each of the acts to be performed by it hereunder.
b. Each of Purchaser’s representations and warranties set forth herein shall be true at the Closing as if affirmatively made at that time.
c. Purchaser shall not have timely exercised any right set forth in this Agreement to cancel the Escrow or terminate this Agreement.
17. Conditions Precedent to Purchaser’s Obligation to Perform. Purchaser’s obligation to perform as set forth herein is hereby expressly conditioned on satisfaction of each and every one of the following conditions precedent:
a. Seller shall have timely performed each of the acts to be performed by it hereunder.
b. Each of Seller’s representations and warranties set forth herein shall be true at the Closing as if affirmatively made at that time.
c. Seller shall not have timely exercised any right set forth in this Agreement to cancel the Escrow or terminate this Agreement.
d. Escrow Holder is committed to issue the Title Policy as set forth above in Section 7.
9 e. Seller has satisfied all legal requirements for the sale of the Properties in order to grant clear title to Purchaser, subject to those conditions and Permitted Exceptions approved by Purchaser.
18. Establishment of Escrow . Upon execution of this Agreement by the Parties, a duplicate original of this Agreement shall be deposited with Escrow Holder. The general provisions of Escrow Holder’s escrow instructions shall not impose any additional obligations or liabilities on the Parties. If any of the general provisions conflict with the provisions of this Agreement, the provisions of this Agreement shall control.
19. Deposits into Escrow. The Parties shall make the following deposits into Escrow at or prior to the Closing:
a. Seller shall deposit an executed and acknowledged original Grant Deed conveying good and marketable title to the Properties, subject to all Permitted Exceptions.
b. Purchaser shall deposit all funds when and as required hereby (including, without limitation, the Purchase Price, all amounts necessary to pay Purchaser’s share of the closing costs), and such other amounts as Purchaser has agreed to pay under this Agreement, or as required by Escrow Holder, and a preliminary change of ownership report for Kings County.
c. Both Parties shall execute and deliver such additional documents as Escrow Holder reasonably may deem necessary in order to effectuate the transaction set forth in this Agreement and to close the Escrow.
20. Prorations. Escrow Holder shall prorate the following items, as of the Closing, using a 365-day year: all real and personal property taxes and all other charges or assessments relating to the Properties using the latest tax bills. Purchaser shall pay any supplemental taxes assessed pursuant to Chapter 3.5 (Section 75) of the California Revenue and Taxation Code resulting from the sale of the Properties to Purchaser. Escrow Holder is not responsible for utility or insurance costs and premiums, all of which s hall be prorated outside the Escrow by the Parties.
21. Title Insurance. At the Closing, Escrow Holder shall issue, effective as of that date, the Title Policy described in Section 7 of this Agreement.
22. Costs and Expenses. Costs and expenses shall be borne by the Parties as follows:
a. The Title Policy premium shall be paid by Seller, except that any increase in the Title Policy premium associated with Purchaser’s acquisition of an ALTA policy, if Purchaser desires such policy, or endorsements requested by Purchaser shall be paid by Purchaser; provided, however, that any endorsements which are requested by Purchaser as an accommodation and at the request of Seller shall be paid by Seller;
b. Documentary transfer taxes and costs of preparing and recording the Grant Deeds shall be paid by Seller; and
c. All Escrow Fees shall be shared equally between Purchaser and Seller.
10 All other costs of closing the Escrow, including, without limitation, filing fees, other recording fees and otherwise, shall be shared by the Parties equally. Each Party shall bear its own legal fees and costs. Purchaser shall deposit additional funds into Escrow in an amount equal to its share of the closing costs as determined by Escrow Holder. Escrow Holder is hereby authorized to withhold Seller’s share of the closing costs from funds otherwise distributable to Seller.
23. Procedure for Closing . Escrow Holder shall close the Escrow by doing the following:
a. Pay from funds deposited by Purchaser all claims, demands and liens necessary to place title to the Properties in the condition set forth in Section 6 of this Agreement;
b. Pay Seller’s share of the closing costs from funds otherwise distributable to Seller;
c. Pay from funds deposited by Purchaser (other than the Purchase Price), Purchaser’s share of closing costs;
d. Prorate real and personal property taxes and all other charges or assessments as set forth in Section 20 of this Agreement; e. Record Seller’s Grant Deed in the Official Records of Kings County and direct the County Record to affix the transfer tax after recording, return the recorded Grant Deed to Purchaser with a conformed copy to Seller, and file Purchaser’s preliminary change of ownership report in Kings County, as appropriate; and
f. Unless otherwise instructed by Seller, unilaterally deliver the remaining funds held in Escrow, less payments authorized hereunder, to Seller by Escrow Holder’s check.
24. Failure to Close. If Escrow shall fail to close as a result of Purchaser’s breach of any of its obligations hereunder, then, in accordance with the provisions of Section 4 hereinabove, upon demand of Seller, Escrow Holder shall terminate the Escrow, immediately deliver the Deposit, accrued interest on the Deposit, and all documents that Seller previously deposited into Escrow (collectively “Seller’s Documents”) to Seller, deliver Purchaser’s preliminary change of ownership report to Purchaser, and charge Purchaser for any cancellation charges. If the Escrow shall fail to close as a result of Seller’s breach of any of its obligations hereunder, or upon Purchaser’s election to terminate in accordance with the provisions of this Agreement, then upon demand of Purchaser, Escrow Holder shall terminate the Escrow, immediately cause to be delivered the Deposit and accrued interest to Purchaser, deliver Seller’s Documents to Seller, deliver Purchaser’s preliminary change of ownership report to Purchaser, and charge Seller for any cancellation charges. If the Escrow fails to close through no fault of either Purchaser or Seller, upon the demand of either Party, Escrow Holder shall return Purchaser’s preliminary change of ownership report to Purchaser, return Seller’s Documents to Seller, return the entire Deposit and accrued interest to Purchaser, and cancel the Escrow, with all cancellation charges to be borne equally by Purchaser and Seller.
11 25. Attorneys’ Fees. In the event of any action between Purchaser and Seller seeking enforcement of any of the terms and conditions of this Agreement, or in connection with the Properties and/or the Personal Property located thereon , the prevailing Party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including, but not limited to, taxable costs and reasonable attorneys ’ fees. Purchaser and Seller agree that any such action shall be venued in Kings County, California or in the Federal District Court in Fresno, California.
26. Indemnification of Escrow Holder. Escrow Holder shall be indemnified and held harmless by Purchaser and Seller against any and all costs, damages, attorneys’ fees, expenses and liabilities which it incurs or sustains in connection with the Escrow, except for such items as may be caused by Escrow Holder’s misconduct or negligence.
27. Notice. Except as otherwise expressly provided herein, any notice, consent, authorization or other communication to be given hereunder shall be in writing and shall be deemed duly given and received when delivered personally, when transmitted by facsimile or e-mail if receipt is acknowledged by the addressee, one (1) business day after being deposited for next -day delivery with a nationally recognized overnight delivery service, or five (5) business days after being mailed by first class mail, charges and postage prepaid, properly addressed to the Party to receive such notice at the last address furnished for such purpose by the Party to whom notice is directed and addressed as follows:
To Seller: Richard and Linda Alanis, Trustees of the Richard and Linda Alanis Trust dated December 13, 2005
1301 Lark Circle
Hanford, CA 93230
To Purchaser: Chris Tavarez, City Manager
CITY OF HANFORD
319 N. Douty Street
Hanford, CA 93230
FAX: (559) 585-2595
To Purchaser’s Legal Counsel: Nicholas M. Matoian
GRISWOLD, LaSALLE, COBB, DOWD & GIN, LLP
111 East Seventh Street
Hanford, CA 93230
FAX: (559) 582-3106
28. Sole and Only Agreement . This Agreement supersedes any and all other agreements, either oral or in writing, between the Parties hereto and with respect
12 to the matters set forth herein and contains all of the covenants and agreements between the Parties regarding said matters. Except as otherwise provided herein, each Party to this Agreement acknowledges that no representations, inducements, promises or ag reements, orally or in writing, have been made by any Party or anyone acting on behalf of any Party which are not embodied in this Agreement and no other agreement, statement or promise shall be valid or binding.
29. Further Action . The Parties agree to perform all further acts, and to execute, acknowledge, and deliver any documents that may be reasonably necessary, appropriate or desirable to carry out the purposes of this Agreement.
30. Waiver. A waiver of any breach of this Agreement by any Party shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or any other provision of this Agreement.
31. Choice of Laws . This Agreement shall be governed by the laws of the State of California and any question arising hereunder shall be construed or determined according to such law.
32. Headings. Headings at the beginning of each numbered section of this Agreement are solely for the convenience of the Parties and are not a part of this Agreement.
33. Survival. All of the provisions of this Agreement shall survive the Closing and shall remain binding upon the Parties.
34. Time. Time is of the essence, it being understood that each date set forth herein, particularly the Closing, and the obligations of the Parties to be satisfied by such dates have been the subject of specific negotiations by the Parties.
35. Counterparts. This Agreement may be signed by the Parties in different counterparts and the signature pages combined to create a document binding on all Parties.
Signatures follow on next page.
13 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first hereinabove written.
“SELLER”
THE RICHARD AND LINDA ALANIS
TRUST dated December 13, 2005
Dated: _________________, 2026 _______________________________
By: Richard Alanis, Trustee
Dated: _________________, 2026 _______________________________
By: Linda Alanis, Trustee
“PURCHASER”
CITY OF HANFORD, a municipal corporation
Dated: _________________, 2026 _______________________________
By: Chris Tavarez
Its: City Manager
14 EXHIBIT “A”
LEGAL DESCRIPTION OF THE PROPERTIES
APNs 012-045-006 and 012-045-007
LOTS 10 TO 16, INCLUSIVE, IN BLOCK 117, AS SHOWN ON THAT CERTAIN MAP
WHICH WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF TULARE, STATE OF CALIFORNIA, ON SEPTEMBER 24, 1882 IN BOOK 1 OF LICENSED SURVEYORS PLATS PAGE 35 ALSO FILED IN THE OFFICE OF THE
RECORDER OF THE CITY OF HANFORD, COUNTY OF KINGS, STATE OF CALIFORNIA, ON DECEMBER 29, 1969 IN MAP BOOK AT PAGE 11.
14.B.
AGENDA
STAFF REPORT
MEETING DATE: 3/17/2026 AGENDA SECTION: GENERAL BUSINESS
SUBJECT:
Amendment to the Executive Management Employees Association (EMEA) Compensation and Benefits Summary
RECOMMENDATION:
Recommendation: That the City Council, by motion, approve the attached updated Compensation and Benefits Summary between the City of Hanford (City) and the Executive Management Employees Association and authorize City staff to amend all other documents that may be necessary to implement the approved changes.
BACKGROUND:
Following a recent review of Education Pay and Longevity Pay, conducted in consultation with legal counsel and in coordination with compliance review by California Public Employees’ Retirement System (CalPERS), it was determined that revisions to the existing agreement are necessary to ensure compliance with applicable CalPERS regulations, specifically the Public Employees’ Retirement Law (PERL).
As a result, the City has updated the Compensation and Benefits Summary to incorporate a previous side letter agreement and to align with these regulatory requirements. Under the revised provisions, additional pay incentives will be reported to CalPERS only to the extent permitted by PERL and consistent with CalPERS administrative guidance.
In order to implement these revisions, the amended Compensation and Benefits Summary must be formally approved by the City’s governing body, the City Council.
FISCAL IMPACT:
The amendments are clarifying in nature; therefore, the fiscal impact is expected to be minimal, if any.
ATTACHMENTS:
1. Red Lined EMEA Comp Benefit Summary 2025-2027 03-17-2026
2. Final EMEA Comp Benefit Summary 2025-2027 03-17-2026
Compensation and Benefit Summary
for the
Executive Management Employees Association
Last Revised: 07/15/202503/17/2026
July 1, 2025 to June 30, 2027
ii
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iii
TABLE OF CONTENTS
SECTION 1
Application………………………………………………………... 1
Term………………………………………………………………. 1
SECTION 2
Wa
ges………………………………………................................... 2 Direct Deposit…………………………………………….............. 2
Mana gement Leave……............................................................ 2 Tuition Reimbursement…………………………………………... 2
Milea ge Reimbursement………………………………………….. 3
Car Allowance……………………………………………………. 3
Cell Phone Allowance…………………………………………..... 3
Uniform Allowance...…………………………………………….. 3
Per Diem………………………………………………………….. 3
Lon
gevity Pay…………………………………………………….. 3
Educational Pa y…………………………………………………... 4
Special Assi gnment Pay…………………………………………... 6
Actin g Pay………………………………………………………… 7
Workin g out of Classification…………………………….............. 7 Severance Pa y…………………………………………………….. 8
SECTION 3
Health Insurance…………………………….................................. 9 Retirement………………………………........................................ 9 State Disabilit
y Insurance…………………………….................... 10
Life Insurance…………………………………………...………... 10
Flexible Spendin
g and Voluntary Benefit Plan…………………... 10
Deferred Compensation…………………………………………... 10
SECTION 4
Standard Work Period…………………………………………….. 11
Holida
ys……………....................................................................... 11 Vacation………………………………………………………....... 12
Sick Leave…………………………………………….................... 14
Bereavement Leave……………………………….......................... 17
SECTION 5
Peace Officer and Firefi
ghter Bill of Rights……………………… 18
Le gal Defense…………………………………………...………... 18
Reopene r for Equity Review……………………………………… 18
iv
1 SECTION 1
Application
This document summarizes the compensation and bene fits currently provided to members of the Executive Management Employees Association (EMEA) as appr oved by City Council action.
Any future changes to any sect ion of this document will be incorporated upon adoption by City Council, side agreement or upon changes implemented by State or Federal law.
This document applies to all positions designated as Department Heads including but not limited to:
Community Development Director
Finance Director
Fire Chief
Parks and Community Services Director
Police Chief
Public Works Director
Utilities and Engineering Director
Positions not listed above, but created and de signated as a Department Head or Executive Management through the City’s recognition process are covered by the terms herein. The same benefits that are afforded to the Executive level employees are also provided to those assigned to the position of Deputy City Manager and City Manager.
Term
This agreement shall be effective for the period of July 1, 2025 through June 30, 2027.
2 SECTION 2
Wages
$1,200 non-pensionable stipend and four percent (4%) salary increase effective the first full pay- period after agreement has been formally ratified.
Four percent (4%) salary increase effective the first full pay period in July 2026.
In a prior agreement, salary information was compared using data from five (5) comparable agencies (Delano, Madera, Merced, Tulare, and Visalia).:
Direct Deposit
All employees will enroll in the City’s direct deposit program.
Management Leave
Department Heads shall receive eighty (80) hours of Management Leave. It is preferred that Management Leave be used as time off. An empl oyee may also cash out up to sixty-four (64) hours of their Management Leave or co nvert all or a portion of their leave to deferred compensation by completing the required form and returning it to the Payroll office in advance of the payroll deadline.
Any Management Leave hours not taken by PP025 will be compensated their cash out balance, up to sixty-four (64) hours if availa ble in PP026. Under no circumstances shall available Management Leave hours be carried over to a new calendar year.
Department Heads who are hired throughout th e year will receive a pro-rated amount of Management Leave hours and shal l follow the Management Leave Plan as noted in the paragraph above.
Department Heads who leave the City of Hanf ord with Management Leave hours available will be compensated their cash out balance, up to sixty-four (64) hours if available
Tuition Reimbursement
Pursuant to Administrative Regulation 1.13, regular employees are eligible to receive tuition reimbursement up to $5,000 per fiscal year for courses taken to ob tain a bachelor’s, master’s or doctoral degree only (no training/certificate course work).
3 Mileage Reimbursement
Employees required to use their private automob ile for authorized City business shall receive mileage reimbursement at the current IRS approved rate.
Car Allowance
The Fire Chief and Police Chief are assigned a City vehicle for take home use to be used consistent with the City’s vehicle policy.
Other Department Heads shall receive a monthly car allowance of $500.
Cell Phone Allowance
Department Heads are provide d with a cell phone/internet re imbursement allowance in accordance with Administrative Regulation 1.26.
Uniform Allowance
A newly appointed Fire Chief or Police Chief sh all be paid an initia l $500 for the appropriate uniform for the first year of empl oyment within one (1) month of the date of hire. In the event such employees do not maintain 12 consecutive m onths of service with the City, such employee shall return to the City fifty percent (50%) of the cost of the uniforms.
After the first year of employment, the employee is eligible for a pro-rated uniform allowance based on the number of months remaining in the calendar year.
Thereafter the Fire Chief and Police Chief shall receive an annual uniform/clothing allowance of $1,200.
Per Diem
The City shall reimburse EMEA employees acco rding to the provisions outlined in the Administrative Regulation 1.05.
Longevity Pay
Employees shall receive an in crease upon completion of the fo llowing consecutive years of active services with the City of Hanford:
Five (5) years of service: 2.5%
Ten (10) years of service: an additional 2.5%
4 Fifteen (15) years of service: an additional 2.5%
Twenty (20) years of service: an additional 2.5%
(Maximum allowance of 10%)
Active service shall be defined as an employee who is in a continued pay status and an employee who is on approved leave (including paid or unpaid military leave). Time off for discipline leave shall not be time counted toward s longevity, but such leave shall not constitute as a break in active service as it relates to longevity.
Upon appointment to an executive level position, the City Manager shall have the discretion to provide longevity pay based on year s of service at another public entity (State, County or City municipality) in a management or technical level position. Verification of years of service, title and job functions will be conducted through the Human Resources office prior to awarding longevity pay.
If an employee was previously full-time, transiti oned to a part-time position or separated from the City of Hanford and then was rehired to a full-time position, their pr evious years in a full- time position will count when calculating CalPER S reportable longevity pay. Such employees are responsible for completing the necessary form if they believe they qualify. No retroactive pay will be provided for untimely notice.
Only years of service with the City will be reported to CalPER S to the extent permitted by the Public Employees’ Retirement Law, applicab le regulations, and CalPERS administrative guidance.
Educational Pay
EMEA employees who obtain and maintain one of the certificates as noted below in the “Educational” tab of CalPERS “Special Compensation Type Reportability Table,” shall receive a five percent (5%) increase to their base salary per month, effective the fi rst full pay period after the City receives proof of cert ification (unless noted otherwis e). This compensation shall be provided on an ongoing basis, pr ovided the certification is main tained and remains valid.
Employees are responsible for providing the Human Resources Division with their renewed certification going forward.
Compensation awarded during any period in which the employee fails to maintain the required certification may be subject to recovery, and such failure may result in disciplinary action up to and including termination.
Special Compensation
Type Classic PEPRA Notes
Applicator's Differential Yes Yes
Certified Public
Accountant Incentive Yes Yes
5 Special Compensation
Type Classic PEPRA Notes
Educational Incentive Yes Yes
The City’s Payroll Division will review and
coordinate with CalPERS to verify eligibility.
Individuals who meet CalPERS reportability
requirements will be identified in this section.
Compensation will begin the first pay-period
after eligibility has been confirmed by
CalPERS.
Engineering Registration
Premium Yes Yes Only for engineers
Government Agency
Required Licenses Yes Yes
The City’s Payroll Division will review and
coordinate with CalPERS to verify eligibility.
Individuals who meet CalPERS reportability
requirements will be identified in this section.
Compensation will begin the first pay-period
after eligibility has been confirmed by
CalPERS.
International Conference
of Building Officials
(ICBO) Certificate
Yes Yes Only for building inspectors
Mechanical Premium Yes Yes Only for mechanics with a Brake Adjustment License, SMOG Inspector License, etc.
National Institute of
Automotive Service
Excellence (NIASE)
Certificate
Yes Yes Only for mechanics
Notary Pay Yes Yes Only for clerical employees
Peace Officer Standards
Training (POST)
Certificate Pay
Yes Yes Only for safety police
Certified Public Accountant Incentive - Employees assigned to the position of Finance Director (or equivalent title) who obtain a nd maintain a Certified Public Accountant license shall receive a five percent (5%) increase to their base sala ry per month, payable with the normal payroll effective the first full pay peri od after the City receives confirmation of the license. This compensation shall be available to all employees assigned to the position of Finance Director (or equivalent title) without exclusion.
Engineering Registration Pre mium - Employees assigned to the position of Public Works Director and/or Utilities and Engineering Direct or (or equivalent titl e) who have taken and passed a California engineering proficiency exam and are registered with the State of California shall receive a five percent (5%) increase to their base salary per month, payable with the normal payroll effective the first full pay period after the City receives confirmation of the license. This
6 compensation shall be available to all employ ees assigned to the position of Public Works Director and/or Utilities and Engineering Director (or equivalent title) without exclusion.
Peace Office Standards Training (POST)Premium – Employees assigned to the position of Police Chief (or equivalent title) who obtain and mainta in a POST Executive certificate shall receive a five percent (5%) increase to their base sala ry per month payable w ith the normal payroll effective the first full pay period after the City received confirmation of the certificate. This compensation shall be available to all employees assigned to the position of Police Chief (or equivalent title) without exclusion.
Chief Fire Officer Premium - Employees assigned to the position of Fire Chief (or equivalent title) who obtain and maintain a State Fire Marsha l Executive Chief Fire Officer Certificate shall receive a five percent (5%) increa se to their base salary per month payable with the normal payroll effective the first full pay period after the City received confirmation of the certificate.
This compensation shall be available to all employees assigned to the position of Fire Chief (or equivalent title) without exclusion.
The City will pay for the cost associated with maintaining and renewing such licenses.
National/State/Renewable Certifications
National, State or renewable licenses/certificate s obtained by employees assigned to EMEA will be reviewed by the City Manager to determine if it is related to the position and benefits the job and the City. It is expressly understood that positions and assignments eligible for additional pay (2.5% increase) will be determined solely at the discretion of the City Manager and unlike the specific certifications described above will not be reported to CalPERS as pensionable income.
Employees are responsible for pr oviding the Human Resources Divi sion with their renewed (if applicable) certificate going fo rward. Compensation awarded dur ing any period in which the employee fails to renew their cer tification may be subject to r ecovery, and such failure may result in disciplinary action up to and including termination.
The City will pay for the cost associated with maintaining and renewi ng such certification (if applicable).
Other Certifications
Other certifications obtained by employees assigned to EMEA will be reviewed by the City Manager to determine if it is related to the pos ition and benefits the job and the City. It is expressly understood that positio ns and assignments eligible fo r additional pay (1% increase) will be determined solely at the discretion of the City Manager and unlike the specific certifications described above will not be reported to CalPERS as pensionable income.
The maximum amount provided in total for Education Pay is five percent (5%).
5% Certifications/Licenses
Employees represented by EMEA including those assigned to the po sition of City Manager and Deputy City Manager, who obtain and maintain one of the certifications/licenses specified below shall receive an additional five percent (5%) of their base salary paid bi-weekly. This compensation shall be provided on an ongoing ba sis, provided the certif ication/license is
7 maintained and remains valid. Employees are responsible for providin g the Human Resources Division with their renewed certification/licen se going forward (if renewable). Compensation awarded during any period in which the employee fails to maintain the certification/license may be subject to recovery, and such failure may result in disciplinary action up to and including termination.
Compensation will begin the first pay period af ter eligibility has been confirmed by Human Resources. In order to be elig ible for education pay, the certif icates/licenses must satisfy the following criteria:
Must not be a requirement of the job position
Must directly enhance an employee’s ability to do their job Must relate to the employee’s current job classification and responsibilities
Certified Public Accountant In centive – Available to manageme nt level employees assigned to the Finance Department who obtain and maintain a Certified Public Accountant license.
Engineering Registration Premium – Available to management level employees assigned to the Utilities and Engineering or Public Works Depa rtment who have taken and passed a California engineering proficiency exam and are registered with the State of California.
Peace Officer Standards Training (POST) Premium – Available to sworn safety employees who obtain and maintain a POST Executive certificate.
Chief Fire Officer Premium – Available to swor n safety employees who obtain and maintain a State Fire Marshal Executive Chief Fire Officer Certificate.
2.5% National/State/Renewable Certifications
Employees represented by EMEA including those assigned to the po sition of City Manager and Deputy City Manager, who obtain and main tain a National, State or renewable licenses/certificates shall receiv e an additional two and one-half percent (2.5%) of their base salary paid bi-weekly. This compensation shall be provided on an ongoi ng basis, provided the certification/license is maintained and rema ins valid. In order to be eligible, the certificates/licenses must satisfy the following criteria:
Must not be a requirement of the job position
Must directly enhance an employee’s ability to do their job Must relate to the employee’s current job classification and responsibilities Acceptance is solely at the discretion of the City Manager and will not be reported to CalPERS as pensionable income.
Employees shall receive an additional 2.5% effect ive the first full pay period after the City receives the completed Educational Pay Request Form, confirmation of th e license/certificate and approval from the City Manager. Employees are respons ible for providing the Human Resources Division with their re newed (if applicable) certificate going forward. Compensation awarded during any period in which the employ ee fails to renew their certification may be subject to recovery, and such failure may re sult in disciplinary action up to and including termination.
8 1% Other Certifications
Employees represented by EMEA including those assigned to the po sition of City Manager and Deputy City Manager, who obtain other certifica tions shall receive an additional one percent (1%) of their base salary paid bi-weekly. Th is compensation shall be provided on an ongoing basis, provided the certification is maintained and remains valid. In order to be eligible, the certificates must satisfy the following criteria:
Must not be a requirement of the job position
Must directly enhance an employee’s ability to do their job Must relate to the employee’s current job classification and responsibilities Acceptance is solely at the discretion of the City Manager and will not be reported to CalPERS as pensionable income.
Employees shall receive an addi tional 1% effective the first full pay period after the City receives the completed Educational Pay Request Form, confirmation of the certificate and approval from the City Manager. Employees are responsible for providing the Human Resources Division with their renewed (if applicable) cer tificate going forward. Compensation awarded during any period in which the employee fails to renew their certification may be subject to recovery, and such failure may result in disciplinary action up to and including termination.
The maximum amount provided in total for Educa tion Pay is five percent (5%). Employees receiving Educational Pay under previous terms prior to July 15, 2025, whic h is not listed under these terms, will maint
ain that additional compensation if the certificate remains valid, is not re quired of their position and is pertinent to their job. However, the additional compensation will not be considered as pensionable income.
Special Assignment Pay
Water Certification Premium - Employees assigne d to the position of Public Works Director and/or Utilities and Engineering Director (or equi valent title) who routin ely and consistently are assigned to test local water quality for complian ce with governmental health standards and have obtained a Grade V or higher water distributi on, water treatment or wastewater treatment certificate shall receive a five percent (5%) increas e to their base salary per month payable with the normal payroll effective the first full pay peri od after the City receives the certificate. This compensation shall be provided on an ongoing basis provided the certification is maintained and remains valid. Employees are re sponsible for providing the Hu man Resources Division with their renewed certification going forward. The City will pay for the cost associated with maintaining and renewing such certifications.
EMEA employees who are assigned to special assignment duties or work conditions on a routine or consistent basis as outlined in the “Spe cial Assignment” tab of CalPERS “Special Compensation Reportability Table” may be eligible to receive a five percent (5%) increase to their base salary per month, payable with the norm al payroll. To receive this pay, employees
9 must submit a written request to the City Manager demonstrating their eligibility and include any related certifications earned, if applicable. Upon approval, the City’s Payroll Division will coordinate with CalPERS to confirm eligibil ity. Employees who meet CalPERS reportability standards will be listed in this section.
The special compensation will commence with the first pay period following CalPERS' confirmation of eligibility and will continue as long as the qualifying duties or conditions persist.
If related certifications are earned and subjec t to renewal, employees must provide updated documentation to the Human Resources Division. Th e City will pay for the cost associated with maintaining and renewing such certification (if applicable).
The maximum amount provided in total for Special Assignment Pay is five percent (5%).
Acting Pay
When an employee is temporarily assigned to a position in a higher classification (employee leaves their current position and assumes the duties and responsibilities of a higher-level classification), they shall have their base sa lary adjusted to the base pay for the higher classification at Step 1 or the step that prov ides them with a minimu m of a five-percent (5%) increase commencing on the eleventh (11th) c onsecutive business day in a fiscal year.
Designated City holidays shall count towards consecutive business days worked.
If the assignment is to a vacant position curren tly being recruited for, hours worked shall not exceed 960 hours in a fiscal year in compliance with Government Code 20480.
Working out of Classification
If an employee is assigned to perform duties that are distinct, separate and normally performed by employees in a different classi fication (higher or lower) for more than 51% of their working hours, they shall receive a five -percent (5%) increase in their base salary commencing on the eleventh (11th) consecutive business day in a fi scal year. Designated Ci ty holidays shall count towards consecutive business days worked.
Working out of class assignment may be discon tinued by the City Manager any time; however, employees shall not be rotated in and out of work ing out of class assignments to avoid providing additional compensation.
Working out of classification pay shall not be considered as pa rt of the employee's base pay when computing the rate due upon promotion to a higher classification.
Any working out of classification assignment shall not exceed six m onths in a fiscal year unless written approval is received by the City Manager.
Any employee who feels they are working out of classification and not receiving compensation for their additional duties may submit supportive documentation to the City Manager outlining a
10 detailed listing of all duties performed and the amount of time he/she spends on those duties.
The City Manager shall review and render a decision in writing within twenty (20) calendar days after receiving the employee’s s upportive documentation. The deci sion of the City Manager shall be final.
Severance Pay
Department Heads, if terminated without cause shall be entitled to receive six (6) months of severance payments, the equivalent of six (6) months of their monthly salary upon termination subject to all state and fede ral withholding. Represented me mbers of EMEA may not be terminated within six (6) months of hire of a new City Manager, unless with cause.
SECTION 3
Health Insurance
11 Medical
The City shall offer optional medical plans incl uding but not limited to a PPO, EPO and/or a high deductible plan with employe e sponsored Health Savings Acc ount (HSA), if applicable.
The City shall pay sixty percent (60%) of the to tal premium cost of all regular and probationary employees, and their dependents, who elect the PPO plan.
Dental
The City shall pay sixty percent (60%) of the to tal premium cost of all regular and probationary employees, and their dependents, who elect a dental plan.
Vision
The City shall pay one hundred percent (100%) of the total premium cost of all regular and probationary employees who elect an employee only vision plan. The City shall pay sixty percent (60%) of the total premium cost of all regular and probationary employees, who elect a vision plan with dependent coverage.
Retirement
Miscellaneous Employees
The City shall provide the 3% @ 60 retirement plan to miscellaneous employees under the California Public Employees (CalPERS) retirement system.
Pursuant to State law, miscell aneous employees hired on or after January 1, 2013, shall be provided with the 2% @ 62 retirement plan under the California Public Employees (CalPERS) retirement system.
Sworn-Safety Employees
The City shall provide the 3% @ 55 retirement plan to safety employees under the California Public Employees (CalPERS) retirement system.
Pursuant to State law, safety employees hire d on after January 1, 2013, shall be provided with the 2.7% @ 57 retirement plan under the California Public Em ployees (CalPERS ) retirement system
All employees shall pay the required employee contribution as determined by CalPERS.
State Disability Insurance
12 Employees shall be enrolled in a Short-Term Disability (STD) and Long-Term Disability (LTD) plan through a private vendor (not California State Disability In surance). Both Short and Long Term Disability Insurance is provided to all employees within this group at the employee's cost.
Payments may be available to employees who ca nnot work due to sickness or non-work-related injury. An employee’s full salary will continue by using accrued leave (v acation, sick and/or other accrued and available leave). Payments re ceived by the employee from the private vendor shall be turned into the City’s Human Res ources office upon receipt by the employee. When such checks are received by the City, the employ ee’s sick leave balance shall be reimbursed, equivalent to the dollars received. At such time that the employee no longer has adequate leave balances available to use to maintain their in come, the employee is no longer required to submit their disability payments to the City.
If it is decided that EMEA elects to cancel or amend their existing plans, a written notice must be provided to the Human Resources office ninety days in adva nce of the new calendar year commencing.
State disability insurance is provided, to all em ployees within this unit at the employee's cost.
State disability insurance payments may be av ailable to employees who cannot work due to sickness or injury not job related. State disability payments shall be integrated with sick leave balances. To the extent that accumulated sick le ave or vacation leave is available, the employee will continue to receive a regular payroll check. State disability insurance payments received by the employee from the State shall be turned in to the City upon receipt by the employee. When such checks are received by the City, that porti on of the sick leave or vacation leave used, equivalent to the dollars received from the State, shall be reimbursed to the employee's balances.
At such time that the employee no longer has balances to reimb urse, the employee is no longer required to submit the State disability payment to the City.
Life Insurance
The City pays the premium for a $200,000 group lif e insurance policy for Department Heads.
The City also provides employees an option to purchase additional li fe insurance at the employee’s expense.
Flexible Spending and Voluntary Benefit Plan
The City provides employees an option to enroll in a Secti on 125 plan at the employee’s expense.
Deferred Compensation
EMEA employees are eligible to receive a matched employer contribution for deferred compensation up to $75.00 per pay period.
13 SECTION 4
Standard Work Period
The standard workday shall consist of eight (8) hours, and the sta ndard work period shall consist of forty (40) hours worked with in five (5) consecutive days . However, alternative work schedules (including telecommutin g options) may be implemente d based on operational needs, and with the approval from the City Manager.
Such schedules may include comp ressed or adjusted workweeks, as defined in City policy (e.g., AR 1.17), including, but not limited to, 4/10, 9/80 or 4/9/4 formats.
The implementation of any alternative schedule shall remain subject to operational requirements, legal compliance, and approval procedures. Partic ipation is voluntary and may be modified or discontinued by the City at its discretion. Specific hours and workda ys under such schedules are not guaranteed and may vary.
Holidays
I. The following holidays are recognized as m unicipal holidays for pay purposes and all regular and probationary employees shall have these days off and shall receive eight (8) hours holiday pay per holiday:
1) New Year's Day, January 1
2) Martin Luther King Day, the third Monday in January
3) Washington's Birthday, the third Monday in February
4) Memorial Day, the last Monday in May
5) Independence Day, July 4
6) Labor Day, the first Monday in September
7) Veterans Day, November 11
8) Thanksgiving Day, the fourth Thursday in November
9) The day after Thanksgiving, the fourth Friday in November 10) Christmas Eve, December 24
11) Christmas Day, December 25
12) New Year’s Eve, December 31
14 13) Every day appointed by the President of the United States or Governor of California for public feast, Thanksgiving, or holiday and as approved by the City Council.
Employees assigned to an alternative work schedule may utilize management leave or vacation hours to supplement holiday hours.
II. Employees shall be credited with not more than two (2) fl oating holidays (16 hours total) to be taken no later than December 15th of each calendar year, at the employee's discretion, subject to staffing needs. New em ployees hired on or after the pay-period containing July 1
st shall only receive one (1) floating ho liday (8 hours total) to be taken no later than December 15 th at the employee’s discretion s ubject to staffing needs. The floating holiday shall be capped at eight (8) hours each and can be taken in two (2) hour increments. Floating holidays do not roll ove r from calendar year to the next and has no cash value.
III. When a paid holiday falls on a Saturday, the previous Friday shall be deemed to be the holiday in lieu of the day named. When a holiday falls on Sunday, the following Monday shall be deemed to be the holiday in lieu of the day named.
When Christmas Eve and /or New Year’s Eve falls on a Sunday, the following Monday shall be deemed to be the holiday and the Christmas Day and or New Year’s Day holiday will be observed on Tuesday.
IV. In the event a paid holiday falls within an employee’s vacation period, which would have excused the employee from work and for wh ich no other compensa tion is made, said holiday shall not be charged as a vacation day.
V. Paid Holiday Closure - City offices (where possible) will be closed Christmas Eve through New Years Day. Nothing shall preven t a Department Head from working on a holiday. If any employee is required to work during this period when their office is closed or is not permitted to have the time off in their department due to the nature of their position, these employees shall note “Exempt OT” on their timesheet to accurately record hours worked.
Vacation
I. Eligibility
Employees shall complete si x (6) months continuous serv ice before using accrued vacation leave. Employees shall not work for the City during their vacation.
Employees whose scheduled va cations are interr upted or postponed due to industrial injury shall be rescheduled after such injured employee has returned to duty. No vacation previously scheduled shall be lost due to an employee exceedi ng the vacation accrual during an industrial injury leave.
15 II. Accrual
Vacation will be accrued and credited on a bi -weekly basis at the following rates for continuous service performed in pay status:
1) From zero (0) through five (5) years:
3.39 hours per bi-weekly pay period, 88 hours annually
2) From six (6) through ten (10) years:
4.62 hours per bi-weekly pay period, 120 hours annually
3) From eleven (11) through fifteen (15) years:
5.24 hours per bi-weekly pay period, 136 hours annually
4) Sixteen (16) through nineteen (19) years
6.16 hours per bi-weekly pay period, 160 hours annually
5) Twenty (20) or more years:
6.46 hours per bi-weekly pay period, 168 hours annually
Upon appointment to a Department Head pos ition, the City Manager shall have the discretion to provide vacation accrual based on years of service at another public entity (State, County or City municipality) in a management level position. Verification of years of service, title and job functions will be conducted through the Human Resources office prior to awarding the increased vacation accrual.
III. Limits of Accrual
Such accrual and credit for all employees ma y not exceed twice the employee's annual rate of accrual.
IV. Buyback
Employees shall be eligible to cash out accr ued vacation hours up to an amount equal to the number of vacation hours used during th e same calendar year, not to exceed a maximum of one hundred sixty (160) hours per calendar year.
To qualify for the cash-out:
1) Employees must have used vacation leave during the calendar year in an amount equal to or greater than the number of hours they wish to cash out;
2) The total vacation hours cashed out in a calendar year shall not exceed 160 hours;
3) Employees must retain a minimum vacati on balance of forty (40) hours after the cash-out is processed.
16 With the exception of job-protected medical leave (e.g., FMLA/C FRA), employees who are on non-job-protected leave, including but not limited to workers’ compensation leave and administrative leave, sha ll not be eligible to cash out vacation hours during such periods.
V. Compensation at Termination
Employees leaving the municipal service with accrued vacation leave shall be paid the amounts of accrued vacation to the date of termination at the employee’s then hourly rate.
Employees who terminate empl oyment with the City and who have less than six (6) months of continuous service shall not be compensated for accrued vacation.
Sick Leave
I. Definition/Approved Sick Leave Usage:
A. Sick leave is an absence from duty which may be granted by the employer to the employee because of an illn ess, injury, exposure to a contagious disease, preventative care, illness or injury of a member of the employee’s immediate family requiring the employee’s attendance.
B. To attend a medical, dental, or optical appointment if such appointment cannot be scheduled outside of the employee’s normal work day.
C. To obtain relief or services related to being a victim of domestic violence, sexual assault, or stalking including the followi ng with appropriate documentation of the need for such services:
1) A temporary restraining order or restraining order;
2) Other injunctive relief to help ensure th e health, safety or welfare of the employee or their children;
3) To seek medical attention for injuries caused by domestic violence, sexual assault or stalking;
4) To obtain services from a domestic vi olence shelter, program, or rape crisis center as a result of domestic violence, sexual assault or stalking; 5) To obtain psychological counseling rela ted to an experience of domestic violence, sexual assault or stalking;
6) To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.
D. An employee’s immediate family shall consist of the employee’s: Spouse or registered domestic partner, parent (inc luding step parents), child (including step children), brother, sister, father in-law, mother in-law, brother in-law, sister in- law, aunts, uncles, employ ee’s and spouse’s grandparents, grandchildren or any person living in the same household as the employee.
E. An employee may be granted sick leave onl y in case of actual illness/situation as defined above. In the event that an employee or a member of the employee’s immediate family recovers from any such illness after being granted sick leave,
17 and during the regularly scheduled hours of work, then such employee shall notify the appropriate immediate supervisor and be available to return to duty.
F. Sick leave balances shall be taken in fifteen (15) minute increments.
G. In order to receive compensation while ab sent on sick leave, an employee shall provide reasonable advance not ice to their supervisor of their need to use sick leave if the need is foreseeable (i.e. doc tor’s appointment scheduled in advance).
If the need for sick leave is unforeseeable, including an illness sustained while at work, the employee shall provide notice of the need for the leave to their supervisor as soon as possible, prefer ably within 1 hour before the time established as the beginni ng of the employee’s work da y. In the event that an employee is incapacitated because of illness or injury to the point the employee is unable to contact his/her supervisor, the employee’s designated representative (i.e. family member) shall notify the supervis or at the earliest possible moment.
Failure to do so without good reason shall result in th at day of absence being treated as leave of absence without pa y or cause the employee to use other available and accrued leave.
H. If the employee is absent on sick leave fo r more than 1 day, the employee shall keep the immediate supervisor informed as to the date the employee expects to return to work.
I. Upon the oral or written request of an em ployee, the City sha ll provide paid sick days for the purposes described in previous sections. The City may request a note from a physician after an em ployee has been absent longer than three consecutive days or shifts or if evidence suggests that an employee is abusing the City’s sick leave policy.
To accurately track sick leave for thos e who meet the requirements under Federal and State laws (Family Medical Leave Act and California Family Rights Act), the City may require a physician’s certification for an empl oyee’s own serious health condition or to care for an eligible family member (parent, child, spouse, domestic partner or covered service member).
J. Employees who are on vacation at the tim e of death of an immediate family member as defined above shall be enti tled to substitute bereavement leave for vacation time, consistent with the existin g bereavement leave policy. The total period of absence from City employment (vacation and bereavement leave) shall not be extended beyond that time initially approved for vacation, without specific City Manager approval. Unused vacati on shall be retained by the affected employee in accordance with the existing vacation policy.
K. Supervisors shall have the discretion to place employees on sick leave when, in the judgment of the supervisor, the presence of the employee at work would endanger the health and welfare of other employees or where the illness or injury of the employee interferes with the performance of such employee’s duties.
18 L. The City shall not deny an employee the right to use sick leave, discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using, or attempting to exercise the right to use sick leave to attend to an illness or the preventative care of a family member, or for any other reason specified in sections above.
II. Sick Leave May Not Be Used For:
A. An employee serving their init ial 90 calendar days of se rvice to the City (unless the employee was rehired within one year of separation, or sustained a work- related injury during their initial 90 days of employment).
B. Sick leave will not be granted to a ny employee absent from duty during an authorized leave of absence without pay, or any other absence from duty not authorized the City.
C. Sick leave shall not be used in lieu of or in addition to vacation, unless leave is requested for an immediate death in the family or as otherwise defined in this policy.
D. Absences for illness/medical treatments may not be charged to sick leave yet to be accumulated.
III. Accrual, Accumulation and Separation
A. Regular and probationary employees shall be eligible to accrue sick leave at the rate of 3.69 hours for each bi-weekly pay period.
B. There is no limit on the amount of sick leave which can be accumulated and carried over from year to year.
C. Sick leave will be accrued by any employee during the first 90 calendar days of employment. However, only upon the su ccessful completion of 90 days of employment, will the employee be entitled to utilize their accrued sick leave (does not apply to employees rehired within one year of separation).
D. Employees granted a leave of absence with pay (includi ng military leave or other approved leave with pay) shall accrue sick leave as indicated above.
E. Sick leave will not be accrued by an empl oyee absent from duty after separation from service or during an authorized leave of absence without pay.
F. Upon retirement under the Public Employe es Retirement System, qualifying employees may apply unused sick leav e as provided under Section 20862.8 and 20965 of the Government Code.
19 VI. Reimbursement/Reinstatement of Unused Sick Leave
A. Employees leaving the municipal service shall forfeit all accumulated sick leave unless:
1) Upon retirement under the Public Employees Retirement System, qualifying individual applies unused sick leave as provided under Section 20862.8 and 20965 of the Government Code.
2) The individual is re-hired by the C ity of Hanford with in one year from the date of separation. Previously accrued and unused paid sick days shall be reinstated and the employee shall be entitled to use those previously accrued and unused paid sick da ys immediately and will accrue additional paid sick hours in accordance to the section above. 3) The employee resumes employment with the City upon release from active military duty, temporary military leave or other approved leave of absence.
V. Abuse of Sick Leave
Abuse of an employee’s sick leave is defined as a claim of entitlement to sick leave when the employee does not meet the requirements as defined in Section I. If an employee is found to be abusing or misusing their sick leav e time, they will be s ubject to disciplinary action.
Bereavement Leave
Each employee shall be granted bereavement leav e with full pay not to exceed one full work week in the event of death in the employee’s family. For the purpose of this section only, the employee’s family shall mean the spouse, child, pa rent, brother, sister, fa ther-in-law, mother-in- law, brother-in-law, sister-in-la w, grandparent, grandchild or a close relative residing in the household of the employee. Bereavement leave doe s not count against an employee’s sick leave balance. Bereavement leave does not need to be consecutive. There is no limit to the number of times bereavement leave can be taken as long as it is for an employee’s family member as described above. Bereavement leave shall be comple ted within three (3) months of the date of the death of a covered family member. Upon request and within thirty (30) days of the first day of leave, the employee shall pr ovide documentation of the death of a covered family member.
Documentation shall include but is not limited to: a death cer tificate, a published obituary, memorial service announcement or program, etc.
20 SECTION 5
Peace Officer and Firefighter Bill of Rights
The City agrees to abide by the terms of the Peace Officer Bill of Rights and the Firefighter Bill of Rights, including any amendments thereto.
Legal Defense
The City agrees to provide legal defense for EMEA employees pursuant to Labor Code § 2802.
Reopener for Equity Review
The City of Hanford is open to meeting during the term of the agreement to discuss potential market adjustments. EMEA will be responsible for compiling data to present and support their market adjustment request(s). Upon a reopener, all other provisions and all other sections of the Compensation and Benefit Summary shall remain in full force and effect.
21 Agreed upon July 15, 2025 March 17, 2026
For the City:
____________________________ ____________________________ Mario Cifuentez Chris Tavarez S a r a h C a r d o z a City Manager Human Resources Manager
For EMEA:
____________________________ ____________________________ Bradley Albert Stephanie Huddleston
Parks and Community Services Director Police Chief
____________________________ ____________________________ Daniel Perkins Frank Senteno
Fire Chief Utilities and Engineering Director
____________________________
Russ Sterling Destiny Borba
Public Works Director Finance Director
22
Compensation and Benefit Summary
for the
Executive Management Employees Association
Last Revised: 03/17/2026
July 1, 2025 to June 30, 2027
ii
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TABLE OF CONTENTS
SECTION 1
Application………………………………………………………... 1
Term………………………………………………………………. 1
SECTION 2
Wages………………………………………................................... 2 Direct Deposit…………………………………………….............. 2
Management Leave……............................................................ 2 Tuition Reimbursement…………………………………………... 2
Mileage Reimbursement………………………………………….. 3
Car Allowance……………………………………………………. 3
Cell Phone Allowance…………………………………………..... 3
Uniform Allowance...…………………………………………….. 3
Per Diem………………………………………………………….. 3
Longevity Pay…………………………………………………….. 3
Educational Pay…………………………………………………... 4
Special Assignment Pay…………………………………………... 6
Acting Pay………………………………………………………… 6
Working out of Classification…………………………….............. 7 Severance Pay…………………………………………………….. 7
SECTION 3
Health Insurance…………………………….................................. 8 Retirement………………………………........................................ 8 State Disability Insurance…………………………….................... 9 Life Insurance…………………………………………...………... 9
Flexible Spending and Voluntary Benefit Plan…………………... 9 Deferred Compensation…………………………………………... 9
SECTION 4
Standard Work Period…………………………………………….. 10
Holidays……………....................................................................... 10 Vacation………………………………………………………....... 11
Sick Leave…………………………………………….................... 13
Bereavement Leave……………………………….......................... 16
SECTION 5
Peace Officer and Firefighter Bill of Rights……………………… 17 Legal Defense…………………………………………...………... 17
Reopener for Equity Review……………………………………… 17
iv
1 SECTION 1
Application
This document summarizes the compensation and benefits currently provided to members of the Executive Management Employees Association (EMEA) as approved by City Council action.
Any future changes to any section of this document will be incorporated upon adoption by City Council, side agreement or upon changes implemented by State or Federal law.
This document applies to all positions designate d as Department Heads including but not limited to:
Community Development Director
Finance Director
Fire Chief
Parks and Community Services Director
Police Chief
Public Works Director
Utilities and Engineering Director
Positions not listed above, but created and designated as a Department Head or Executive Management through the City’s recognition process are covered by the terms herein. The same benefits that are afforded to the Executive level employees are also provided to those assigned to the position of Deputy City Manager and City Manager.
Term
This agreement shall be effective for the period of July 1, 2025 through June 30, 2027.
2 SECTION 2
Wages
$1,200 non- pensionable stipend and four percent (4%) salary increase effective the first full pay - period after agreement has been formally ratified.
Four percent (4%) salary increase effective the first full pay period in July 2026.
In a prior agreement, salary information was compared using data from five (5) comparable agencies (Delano, Madera, Merced, Tulare, and Visalia).
Direct Deposit
All employees will enroll in the City’s direct deposit program.
Management Leave
Department Heads shall receive eighty (80) hours of Management Leave. It is preferred that Management Leave be used as time off. An employee may also cash out up to sixty- four (64) hours of their Management Leave or convert all or a portion of their leave to deferred compensation by completing the required form and returning it to the Payroll office in advance of the payroll deadline.
Any Management Leave hours not taken by PP025 will be compensated their cash out balance, up to sixty-four (64) hours if available in PP026. Under no circumstances shall available Management Leave hours be carried over to a new calendar year.
Department Heads who are hired throughout the year will receive a pro- rated amount of Management Leave hours and shall follow the Management Leave Plan as noted in the paragraph above.
Department Heads who leave the City of Hanford with Management Leave hours available will be compensated their cash out balance, up to sixty-four (64) hours if available
Tuition Reimbursement
Pursuant to Administrative R egulation 1.13, regular employees are eligible to receive tuition reimbursement up to $5,000 per fiscal year for courses taken to obtain a bachelor’s, master’s or doctoral degree only (no training/certificate course work).
3 Mileage Reimbursement
Employees required to use their private automobile for authorized City business shall receive mileage reimbursement at the current IRS approved rate.
Car Allowance
The Fire Chief and Police Chief are assigned a City vehicle for take home use to be used consistent with the City’s vehicle policy.
Other Department Heads shall receive a monthly car allowance of $500.
Cell Phone Allowance
Department Heads are provided with a cell phone /internet reimbursement allowance in accordance with Administrative Regulation 1.26.
Uniform Allowance
A newly appointed Fire Chief or Police Chief shall be paid an initial $500 for the appropriate uniform for the first year of employment within one (1) month of the date of hire. In the event such employees do not maintain 12 consecutive months of service with the City, such employee shall return to the City fifty percent (50%) of the cost of the uniforms.
After the first year of employment, the employee is eligible for a pro-rated uniform allowance based on the number of months remaining in the calendar year.
Thereafter the Fire Chief and Police Chief shall receive an annual uniform/clothing allowance of $1,200.
Per Diem
The City shall reimburse EMEA employees according to the provisions outlined in the Administrative Regulation 1.05.
Longevity Pay
Employees shall receive an increase upon completion of the following consecutive years of active services with the City of Hanford:
Five (5) years of service: 2.5%
Ten (10) years of service: an additional 2.5%
4 Fifteen (15) years of service: an additional 2.5%
Twenty (20) years of service: an additional 2.5%
(Maximum allowance of 10%)
Active service shall be defined as an employee who is in a continued pay status and an employee who is on approved leave (including paid or unpaid military leave). Time off for discipline leave shall not be time counted towards longevity, but such leave shall not constitute as a break in active service as it relates to longevity.
Upon appointment to an executive level position, the City Manager shall have the discretion to provide longevity pay based on years of service at another public entity (State, County or City municipality) in a management or technical level position. Verification of years of service, title and job functions will be conducted through the Human Resources office prior to awarding longevity pay.
If an employee was previously full -time, transitioned to a part- time position or separated from the City of Hanford and then was rehired to a full -time position, their previous years in a full - time position will count when calculating CalPERS reportable longevity pay. Such employees are responsible for completing the necessary form if they believe they qualify. No retroactive pay will be provided for untimely notice.
Only years of service with the City will be reported to CalPERS to the extent permitted by the Public Employees’ Retirement Law, applicable regulations, and CalPERS administrative guidance.
Educational Pay
5% Certifications/Licenses
Employees represented by EMEA including those assigned to the position of City Manager and Deputy City Manager, who obtain and maintain one of the certifications/licenses specified below shall receive an additional five percent (5%) of their base salary paid bi -weekly. This compensation shall be provided on an ongoing basis, provided the certification/license is maintained and remains valid. Employees are responsible for providing the Human Resources Division with their renewed certification /license going forward (if renewable) . Compensation awarded during any period in which the employee fails to maintain the certification/license may be subject to recovery, and such failure may result in disciplinary action up to and including termination.
Compensation will begin the first pay period after eligibility has been confirmed by Human Resources. In order to be eligible for education pay, the certificates/licenses must satisfy the following criteria:
Must not be a requirement of the job position
Must directly enhance an employee’s ability to do their job Must relate to the employee’s current job classification and responsibilities
5 Certified Public Accountant Incentive – Available to management level employees assigned to the Finance Department who obtain and maintain a Certified Public Accountant license.
Engineering Registration Premium – Available to management level employees assigned to the Utilities and Engineering or Public Works Department who have taken and passed a California engineering proficiency exam and are registered with the State of California.
Peace Officer Standards Training (POST) Premium – Available to sworn safety employees who obtain and maintain a POST Executive certificate.
Chief Fire Officer Premium – Available to sworn safety employees who obtain and maintain a State Fire Marshal Executive Chief Fire Officer Certificate.
2.5% National/State/Renewable Certifications
Employees represented by EMEA including those assigned to the position of City Manager and Deputy City Manager, who obtain and maintain a National, State or renewable licenses/certificates shall receive an additional two and one -half percent (2.5%) of their base salary paid bi-weekly. This compensation shall be provided on an ongoing basis, provided the certification/license is maintained and remains valid. In order to be eligible, the certificates/licenses must satisfy the following criteria:
Must not be a requirement of the job position
Must directly enhance an employee’s ability to do their job Must relate to the employee’s current job classification and responsibilities Acceptance is solely at the discretion of the City Manager and will not be reported to CalPERS as pensionable income.
Employees shall receive an additional 2.5% effective the first full pay period after the City receives the completed Educational Pay Request Form, confirmation of the license/certificate and approval from the City Manager. Employees are responsible for providing the Human Resources Division with their renewed (if applicable) certificate going forward. Compensation awarded during any period in which the employee fails to renew their certification may be subject to recovery, and such failure may result in disciplinary action up to and including termination.
1% Other Certifications
Employees represented by EMEA including those assigned to the position of City Manager and Deputy City Manager, who obtain other certificat ions shall receive an additional one percent (1%) of their base salary paid bi -weekly. This compensation shall be provided on an ongoing basis, provided the certification is maintained and remains valid. In order to be eligible, the certificates must satisfy the following criteria:
Must not be a requirement of the job position
Must directly enhance an employee’s ability to do their job Must relate to the employee’s current job classification and responsibilities Acceptance is solely at the discretion of the City Manager and will not be reported to CalPERS as pensionable income.
6 Employees shall receive an additional 1% effective the first full pay period after the City receives the completed Educational Pay Request Form, confirmation of the certificate and approval from the City Manager. Employees are responsible for providing the Human Resources Division with their renewed (if applicable) certificate going forward. Compensation awarded during any period in which the employee fails to renew their certification may be subject to recovery, and such failure may result in disciplinary action up to and including termination.
The maximum amount provided in total for Education Pay is five percent (5%). Employees receiving Educational Pay under previous terms prior to July 15, 2025, which is not listed under these terms, will maintain that additional compensation if the certificate remains valid, is not required of their position and is pertinent to their job. However, the additional compensation will not be considered as pensionable income.
Special Assignment Pay
Water Certification Premium - Employees assigned to the position of Public Works Director and/or Utilities and Engineering Director (or equivalent title) who routinely and consistently are assigned to test local water quality for compliance with governmental health standards and have obtained a Grade V or higher water distribution, water treatment or wastewater treatment certificate shall receive a five percent (5%) increase to their base salary per month payable with the normal payroll effective the first full pay period after the City receives the certificate. This compensation shall be provided on an ongoing basis provided the certification is maintained and remains valid. Employees are responsible for providing the Human Resources Division with their renewed certification going forward. The City will pay for the cost associated with maintaining and renewing such certifications.
EMEA employees who are assigned to special assignment duties or work conditions on a routine or consistent basis as outlined in the “Special Assignment” tab of CalPERS “Special Compensation Reportability Table” may be eligible to receive a five percent (5%) increase to their base salary per month, payable with the normal payroll. To receive this pay, employees must submit a written request to the City Manager demonstrating their eligibility and include any related certifications earned, if applicable. Upon approval, the City’s Payroll Division will coordinate with CalPERS to confirm eligibility. Employees who meet CalPERS reportability standards will be listed in this section.
The special compensation will commence with the first pay period following CalPERS' confirmation of eligibility and will continue as long as the qualifying duties or conditions persist.
If related certifications are earned and subject to renewal, employees must provide updated documentation to the Human Resources Division. The City will pay for the cost associated with maintaining and renewing such certification (if applicable).
The maximum amount provided in total for Special Assignment Pay is five percent (5%).
7 Acting Pay
When an employee is temporarily assigned to a position in a higher classification (employee leaves their current position and assumes the duties and responsibilities of a higher -level classification), they shall have their base salary adjusted to the base pay for the higher classification at Step 1 or the step that provides them with a minimum of a five -percent (5%) increase commencing on the eleventh (11th) consecutive business day in a fiscal year.
Designated City holidays shall count towards consecutive business days worked.
If the assignment is to a vacant position currently being recruited for, hours worked shall not exceed 960 hours in a fiscal year in compliance with Government Code 20480.
Working out of Classification
If an employee is assigned to perform duties that are distinct, separate and normally performed by employees in a different classification (higher or lower) for more than 51% of their working hours, they shall receive a five -percent (5%) increase in their base salary commencing on the eleventh (11th) consecutive business day in a fiscal year. Designated City holidays shall count towards consecutive business days worked.
Working out of class assignment may be discontinued by the City Manager any time; however, employees shall not be rotated in and out of working out of class assignments to avoid providing additional compensation.
Working out of classification pay shall not be considered as part of the employee's base pay when computing the rate due upon promotion to a higher classification.
Any working out of classification assignment shall not exceed six months in a fiscal year unless written approval is received by the City Manager.
Any employee who feels they are working out of classification and not receiving compensation for their additional duties may submit supportive documentation to the City Manager outlining a detailed listing of all duties performed and the amount of time he/she spends on those duties.
The City Manager shall review and render a decision in writing within twenty (20) calendar days after receiving the employee’s supportive documentation. The decision of the City Manager shall be final.
Severance Pay
Department Heads, if terminated without cause shall be entitled to receive six (6) months of severance payments, the equivalent of six (6) months of their monthly salary upon termination subject to all state and federal withholding. Represented members of EMEA may not be terminated within six (6) months of hire of a new City Manager, unless with cause.
8 SECTION 3
Health Insurance
Medical
The City shall offer optional medical plans including but not limited to a PPO, EPO and/or a high deductible plan with employee sponsored Health Savings Account (HSA), if applicable.
The City shall pay sixty percent (60%) of the total premium cost of all regular and probationary employees, and their dependents, who elect the PPO plan.
Dental
The City shall pay sixty percent (60%) of the total premium cost of all regular and probationary employees, and their dependents, who elect a dental plan.
Vision
The City shall pay one hundred percent (100%) of the total premium cost of all regular and probationary employees who elect an employee only vision plan. The City shall pay sixty percent (60%) of the total premium cost of all regular and probationary employees, who elect a vision plan with dependent coverage.
Retirement
Miscellaneous Employees
The City shall provide the 3% @ 60 retirement plan to miscellaneous employees under the California Public Employees (CalPERS) retirement system.
Pursuant to State law, miscellaneous employees hired on or after January 1, 2013, shall be provided with the 2% @ 62 retirement plan under the California Public Employees (CalPERS) retirement system.
Sworn-Safety Employees
The City shall provide the 3% @ 55 retirement plan to safety employees under the California Public Employees (CalPERS) retirement system.
Pursuant to S tate law, safety employees hired on after January 1, 2013, shall be provided with the 2.7% @ 57 retirement plan under the California Public Employees (CalPERS) retirement system
All employees shall pay the required employee contribution as determined by CalPERS.
9 State Disability Insurance
State disability insurance is provided, to all employees within this unit at the employee's cost.
State disability insurance payments may be available to employees who cannot work due to sickness or injury not job related. State disability payments shall be integrated with sick leave balances. To the extent that accumulated sick leave or vacation leave is available, the employee will continue to receive a regular payroll check. State disability insurance payments received by the employee from the State shall be turned in to the City upon receipt by the employee. When such checks are received by the City, that portion of the sick leave or vacation leave used, equivalent to the dollars received from the State, shall be reimbursed to the employee's balances.
At such time that the employee no longer has balances to reimburse, the employee is no longer required to submit the State disability payment to the City.
Life Insurance
The City pays the premium for a $200,000 group life insurance policy f or Department Heads.
The City also provides employees an option to purchase additional life insurance at the employee’s expense.
Flexible Spending and Voluntary Benefit Plan
The City provides employees an option to enroll in a Section 125 plan at the employee’s expense.
Deferred Compensation
EMEA employees are eligible to receive a matched employer contribution for deferred compensation up to $75.00 per pay period.
10 SECTION 4
Standard Work Period
The standard workday shall consist of eight (8) hours, and the standard work period shall consist of forty (40) hours worked within five (5) consecutive days. However, alternative work schedules (including telecommuting options) may be implemented based on operational needs, and with the approval from the City Manager.
Such schedules may include compressed or adjusted workweeks, as defined in City policy (e.g., AR 1.17), including, but not limited to, 4/10, 9/80 or 4/9/4 formats.
The implementation of any alternative schedule shall remain subject to operational requirements, legal compliance, and approval procedures. Participation is voluntary and may be modified or discontinued by the City at its discretion. Specific hours and workdays under such schedules are not guaranteed and may vary.
Holidays
I. The following holidays are recognized as municipal holidays for pay purposes and all regular and probationary employees shall have these days off and shall receive eight (8) hours holiday pay per holiday:
1) New Year's Day, January 1
2) Martin Luther King Day, the third Monday in January
3) Washington's Birthday, the third Monday in February
4) Memorial Day, the last Monday in May
5) Independence Day, July 4
6) Labor Day, the first Monday in September
7) Veterans Day, November 11
8) Thanksgiving Day, the fourth Thursday in November
9) The day after Thanksgiving, the fourth Friday in November 10) Christmas Eve, December 24
11) Christmas Day, December 25
12) New Year’s Eve, December 31
13) Every day appointed by the President of the United States or Governor of California for public feast, Thanksgiving, or holiday and as approved by the City Council.
Employees assigned to an alternative work schedule may utilize management leave or vacation hours to supplement holiday hours.
II. Employees shall be credited with not more t han two (2) floating holidays (16 hours total) to be taken no later than December 15th of each calendar year, at the employee's discretion, subject to staffing needs. New employees hired on or after the pay- period
11 containing July 1 st shall only receive one (1) floating holiday (8 hours total) to be taken no later than December 15 th at the employee’s discretion subject to staffing needs. T he floating holiday shall be capped at eight (8) hours each and can be taken in two (2) hour increments. Floating holidays do not roll over from calendar year to the next and has no cash value.
III. When a paid holiday falls on a Saturday, the previous Friday shall be deemed to be the holiday in lieu of the day named. When a holiday falls on Sunday, the following Monday shall be deemed to be the holiday in lieu of the day named.
When Christmas Eve and /or New Year’s Eve falls on a Sunday, the following Monday shall be deemed to be the holiday and the Christmas Day and or New Year’s Day holiday will be observed on Tuesday.
IV. In the event a paid holiday falls within an employee’s vacation period, which would have excused the employee from work and for which no other compensation is made, said holiday shall not be charged as a vacation day.
V. Paid Holiday Closure - City offices (where possible) will be closed Christmas Eve through New Years Day. Nothing shall prevent a Department Head from working on a holiday. If any employee is required to work during this period when their office is closed or is not permitted to have the time off in their department due to the nature of their position, these employees shall note “Exempt OT” on their timesheet to accurately record hours worked.
Vacation
I. Eligibility
Employees shall complete six (6) months continuous service before using accrued vacation leave. Employees shall not work for the City during their vacation.
Employees whose scheduled vacations are interrupted or postponed due to industrial injury shall be rescheduled after such injured employee has returned to duty. No vacation previously scheduled shall be lost due to an employee exceeding the vacation accrual during an industrial injury leave.
II. Accrual
Vacation will be accrued and credited on a bi -weekly basis at the following rates for continuous service performed in pay status:
1) From zero (0) through five (5) years:
3.39 hours per bi-weekly pay period, 88 hours annually
2) From six (6) through ten (10) years:
12 4.62 hours per bi-weekly pay period, 120 hours annually
3) From eleven (11) through fifteen (15) years:
5.24 hours per bi-weekly pay period, 136 hours annually
4) Sixteen (16) through nineteen (19) years
6.16 hours per bi-weekly pay period, 160 hours annually
5) Twenty (20) or more years:
6.46 hours per bi-weekly pay period, 168 hours annually
Upon appointment to a Department Head position , the City Manager shall have the discretion to provide vacation accrual based on years of service at another public entity (State, County or City municipality) in a management level position. Verification of years of service, title and job functions will be conducted through the Human Resources office prior to awarding the increased vacation accrual.
III. Limits of Accrual
Such accrual and credit for all employees may not exceed twice the employee's annual rate of accrual.
IV. Buyback
Employees shall be eligible to cash out accrued vacation hours up to an amount equal to the number of vacation hours used during the same calendar year, not to exceed a maximum of one hundred sixty (160) hours per calendar year.
To qualify for the cash-out:
1) Employees must have used vacation leave during the calendar year in an amount equal to or greater than the number of hours they wish to cash out;
2) The total vacation hours cashed out in a calendar year shall not exceed 160 hours;
3) Employees must retain a minimum vacation balance of forty (40) hours after the cash-out is processed.
With the exception of job- protected medical leave (e.g., FMLA/CFRA), employees who are on non-job-protected leave, including but not limited to workers’ compensation leave and administrative leave, shall not be eligible to cash out vacation hours during such periods.
V. Compensation at Termination
Employees leaving the municipal service with accrued vacation leave shall be paid the amounts of accrued vacation to the date of termination at the employee’s then hourly rate.
Employees who terminate employment with the City and who have less than six (6) months of continuous service shall not be compensated for accrued vacation.
13 Sick Leave
I. Definition/Approved Sick Leave Usage:
A. Sick leave is an absence from duty which may be granted by the employer to the employee because of an illness, injury, exposure to a contagious disease, preventative care, illness or injury of a member of the employee’s immediate family requiring the employee’s attendance.
B. To attend a medical, dental, or optical appointment if such appointment cannot be scheduled outside of the employee’s normal work day.
C. To obtain relief or services related to being a victim of domestic violence, sexual assault, or stalking including the following with appropriate documentation of the need for such services:
1) A temporary restraining order or restraining order;
2) Other injunctive relief to help ensure the health, safety or welfare of the employee or their children;
3) To seek medical attention for injuries caused by domestic violence, sexual assault or stalking;
4) To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault or stalking; 5) To obtain psychological counseling related to an experience of domestic violence, sexual assault or stalking;
6) To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.
D. An employee’s immediate family shall consist of the employee’s: Spouse or registered domestic partner, parent (including step parents), child (including step children), brother, sister, father in- law, mother in -law, brother in- law, sister in - law, aunts, uncles, employee’s and spouse’s grandparents, grandchildren or any person living in the same household as the employee.
E. An employee may be granted sick leave only in case of actual illness/situation as defined above. In the event that an employee or a member of the employee’s immediate family recovers from any such illness after being granted sick leave, and during the regularly scheduled hours of work, then such employee shall notify the appropriate immediate supervisor and be available to return to duty.
F. Sick leave balances shall be taken in fifteen (15) minute increments.
G. In order to receive compensation while absent on sick leave, an employee shall provide reasonable advance notice to their supervisor of their need to use sick leave if the need is foreseeable (i.e. doctor’s appointment scheduled in advance).
If the need for sick leave is unforeseeable, including an illness sustained while at work, the employee shall provide notice of the need for the leave to their supervisor as soon as possible, preferably within 1 hour before the time established as the beginning of the employee’s work day. In the event that an