West Sacramento City Council
September 27, 2023

AYES:

NOES:

ABSENT:

ABSTAIN:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
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CITY COUNCIL AGENDA REPORT
MEETING DATE: September 27, 2023 ITEM # 18

CONSIDERATION FOR APPROVAL OF THE ICU TECHNOLOGIES EVOVL WEAPONS DETECTION SYSTEM PROPOSAL AND ADOPTION OF RESOLUTION 23-72

APPROVING BUDGET APPROPRIATIONS FOR THE PROPOSAL
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [ X ] Staff
[ ] Other
Dawna Jones, Senior Analyst
Police Department
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action

OBJECTIVE
The objective of this report is to provide the City Council information needed to consider approval of the ICU Technologies Evolve weapons detection system proposal and appropriations of $52,953 (one-time) and $13,968 (annual ongoing) from the Measure N Fund, Public Safety category for a four-year Evolv user agreement.

RECOMMENDED ACTION
Staff respectfully recommends the Council:

1. Adopt resolution 23-72 authorizing the acceptance of the ICU Technologies Evolv weapons detection system proposal and the appropriation of $52,953 of one-time expense in FY 2023/24 and $13,968 of ongoing annual expense in FYs 2023/24 and 2024/25 from the Measure N Fund, Public Safety Category; and

2. Authorize the City Manager or designee to execute a contract with ICU Technologies for equipment and software subscription.

BACKGROUND
The West Sacramento City Hall and Galleria facility is host to operational City departments as well as City and other government public meetings and special events. The current facility security measures include security cameras, on-site contracted security officers during business hours and events, access control to non-public areas and an alarm system which is used during non-operational hours. There are currently no physical security measures to detect weapons being brought into the facility.

In recent years, there has been a national trend of incidents of mass violence at government facilities, public gatherings and special events. Facilities and locations where operations and events such as these are held are considered soft targets and more vulnerable to such incidents. Absent pre-incident indicators by a subject or group, prevention of such an event must rely on physical security and target hardening.

ANALYSIS
The Evolv weapons detection system is a non-intrusive means of screening individuals entering a facility or location without conducting individual searches. The system allows for a continuous flow of persons unlike the slower traditional metal detectors and has the ability to detect firearms and other weapons. The Evolv system provides security personnel an alert when a pre-programmed weapon profile is detected. The system is portable and can be moved within the facility to allow for flexibility given the multifunctional use of City Hall and the Galleria.

As part of the evaluation process for this system, staff conducted controlled environment tests, a site visit with the San Francisco Giants where the system is used and a field test of the equipment at Sutter Health Park during a Rivercats game. It was determined through this research the system was most appropriate for the City Hall facility given the increased detection capability beyond that of a metal detector while being less intrusive and allowing greater flow of persons through the system. For these reasons, it was determined that there is no comparable product on the market.

The local vendor for Evolv is ICU Technologies under a General Services Administration (GSA) contract. The agreement with ICU Technologies is for four years with a total cost of $108,824. The requested appropriation includes $52,953 one-time in FY 2023/24 plus $13,968 annual ongoing in FY 2023/24 and FY 2024/25. The appropriations for the remaining two-year term will be included in the next biennial budget., Environmental Considerations
464
ICU Technologies Evolv
September 27, 2023

This action is not a project that is subject to CEQA because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change to the environment. (Pub. Resources Code, 21065; CEQA Guidelines 15600(c), 15378(a).

Commission Recommendation
Not applicable.

Strategic Plan Integration
This action furthers the city’s strategic plan of ensuring our community is “Safe and Secure” and furthers the management objective in increasing security capabilities for venues and events in the Entertainment District.

Alternatives
The Council may approve the recommended action or choose not to authorize the budget allocation for this purchase and request research on alternative options be conducted. This latter option is not recommended as it has been determined through extensive research that this is the most appropriate and capable system on the market.

Coordination and Review
This report was coordinated and reviewed by Police Department, City Manager’s Office, Finance Staff and the City Attorney.

Budget/Cost Impact
The approval of the ICU Technologies Evolv System Proposal will require appropriation of $108,824 for a fouryear Evolv user agreement. The attached resolution requests appropriations from the Measure N Fund Public Safety category of $52,953 one-time in FY 2023/24 and $13,968 annually for each of the two fiscal years of the adopted biennial budget. The appropriations for the remaining two fiscal years will be requested as part of the next biennial budget.

ATTACHMENTS

1. ICU Technologies Proposal

2. ICU GSA Document

3. Resolution 23-72
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Evolv Weapons Detection
City of West Sacramento
8/21/2023
Created by:

Jason Eatmon
ICU Technologies
Prepared for:

Jason Winger City of West Sacramento
ICU Technologies
POL23-221 Evolv Metal Detectors
Expires 9/14/2027
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1.0 Executive Summary
Dear Jason Winger,
As requested, we are submitting this proposal to provide the City of West Sacramentowith Evolv Solution, including four years of service subscription.

ICU Technologies Inc. was formed by security industry experts that have a common passion for excellence.

Our experienced staff has diverse backgrounds within IT, Security Consulting and Design, State, Local, Federal, K-12 and Higher Ed Government Security Sales and Installation. We pride ourselves in doing business with integrity and keeping our customer's best interest in mind first and foremost. Our detailed process is centered around producing measurable and referenceable business outcomes for all parties involved. ICU is heavily invested in its people, processes, and partnerships. We would like to personally thank you for taking the time to consider a partnership with our company. We look forward to the opportunity to earn your business!
Sincerely,
Jason Eatmon
Chief Experience Officer
ICU Technologies, Inc.

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2.0 Evolve Express
Evolv Express, Concealed Weapons Detection (CWD), helps to proactively keep people and assets safe by using advanced sensors and artificial intelligence to detect a wide range of concealed weapons and threats.

It is the world’s first and only touchless security screening solution that is conducive to supporting postpandemic security screening requirements. This solution operates up to ten times faster and far more effective than traditional screening methods, while providing a touchless experience.

2.1 Solution Technology
AI differentiates personal items from Threats.

Unlike traditional metal detectors, Evolv Express uses advanced sensor technology and artificial intelligence to screen guests while they walk through at a natural pace—without stopping and without handing over their belongings. Express offers a dual lane, free-flow system proven to operate up to ten times faster than traditional metal detectors, alerting operators to the presence of weapons while ignoring harmless personal items like cell phones, keys, and coins.

See potential threats for faster issue resolution.

When a potential threat is detected by the system, real-time image aided alarms show guards where the potential threat is located on a person or in his or her bag. This greatly reduces the amount of physical contact required and allows guards to act quickly and efficiently.

Prioritize the guest experience.

Families and groups can enter your venue together without long lines and without invasive checks. It’s a welcoming experience that maintains dignity and accelerates entry for your guests and employees while keeping venues and facilities safe from threats.

Advance a proactive security posture.

With Evolv Insights®, the accompanying web-based and mobile-enabled analytics application, Evolv Express can account for its own performance, supporting post-event analysis and future operational planning. View visitor arrival curves and alarm rates by entrance, time, and date to understand where and when the flow of people—and threat objects—peak. Staff entrances accordingly for a proactive approach to security and operations.

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2.2 Features
Smart, AI-Based Sensor Platform
Evolv Express seamlessly screens up to 3,600 people per hour (60 per minute), eliminating any bottlenecks at points of entry. Unlike legacy metal detectors, wands, and pat downs, the system can intelligently distinguish between threats and everyday items like a cellphone, coins or keys.

Easy to Operate
Helping security teams to see, understand, and act on potential threats with more speed and accuracy than ever before, CWD provides a simple, targeted solution. Security personnel can see in real-time where the potential threat is on a person’s body or in their bag reducing the amount of physical contact. If an object is detected, the individual will be sent to secondary for further investigation Respectful, Hassle-Free Experience
A quick, unobtrusive workflow with no stopping required, as individuals are not required to empty their pockets or place their bags in another area for inspection. Visitors and employees can walk naturally sidebyside or in groups through multi-lane entrances without any pause, based on the site’s pre-defined procedures.

Flexible Deployment Options
Evolv Express is easy to set up and move and can be used both indoors and outdoors. This flexibility enables the system to be used at different entrances and for special events. Choose from five different sensitivity settings to optimize for different threat levels.

Built-in Modular Camera
Featuring two 3 MP Micro Bullet imager modules installed on the front and back, operators can see what’s happening at the tower in high-resolution. The imager modules’ Wide Dynamic Range provides clear image details in varying lighting conditions, including areas with strong backlight, which can be common at entrances.

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3.0 Limitation of Liability
To the maximum extent permitted by law, customer agrees that ICU Technologies, Inc. shall not be liable for specific performance or for any indirect, incidental, exemplary, consequential or special damages of any nature, including without limitation damages arising from or caused by the loss of use of the products, loss of profits, loss of data or use of data, interruption of business, incidents, or lost revenues, even if ICU Technologies, Inc. is aware of the possibility of damages. Customer acknowledges and agrees that neither ICU Technologies, Inc. or its products can eliminate, prevent, or mitigate, in whole or in part, the occurrences of the events or threats that the products are intended to detect and that ICU Technologies, Inc., and its officers, directors, employees, or agents, shall not be held liable for any such failure (which may include without limitation, failure to detect threats, whether due to product failure, human error, customer’s operating environment, or external forces outside ICU Technologies, Inc.’s control) or for non-productive time or product down time for any reason, or for acts by third parties that cause harm or damage. Customer shall be solely responsible for the acts or omissions of its personnel, contractors, and agents, including those responsible for operating the products and for the security of customer’s premises, personnel, and visitors. ICU Technologies, Inc. shall not be liable for any claims, actions, suits, liabilities, damages, or losses related to or associated with the personal injury, death, or real or personal property damage arising from or related to any emergency situation, or any other use of the service whether in tort, contract, arising from a course of conduct, usage in trade, or otherwise. Customer acknowledges and agrees that the fees charged for the service are established as a result of the allocations of risk and responsibility described in this section (Limitation of Liability) and that ICU Technologies, Inc. would not have provided the service without Customer's agreement to the allocation of risk and responsibility set forth in this section (Limitation of Liability)

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4.0 Pricing

9/31/23
471

472
ICU Technologies, Inc. Mod PS-0088 effective 2/16/2023

GENERAL SERVICES ADMINISTRATION

FEDERAL SUPPLY SERVICE

AUTHORIZED FEDERAL SUPPLY SCHEDULE PRICELIST
On-line access to contract ordering information, terms and conditions, up-to-date pricing, and the option to create an electronic delivery order are available through GSA Advantage!, a menu-driven database system. The INTERNET address for GSA Advantage! is: GSAAdvantage.gov. For more information on ordering from Federal Supply Schedules click on the GSA Schedules link www.gsa.gov.

MULTIPLE AWARD SCHEDULE (MAS)
CONTRACT NUMBER: 47QSWA18D003K
CONTRACT PERIOD: April 13, 2018 – April 12, 2028
LARGE CATEGORY – SECURITY AND PROTECTION
Subcategory: Protective Equipment
SIN 334220 Surveillance Systems, Wearable Body Cameras, and Vehicular Video Subcategory: Security Systems
SIN 334290 Security and Detection Systems
SIN 334290L Physical Access Control Systems (PACS) - Legacy Subcategory: Security Services
SIN 541330L Security System Integration, Design, Management, and Life Cycle Support SIN 611430ST Security Training
LARGE CATEGORY – INFORMATION TECHNOLOGY
Subcategory: IT Hardware
SIN 33411 Purchasing of new electronic equipment
Subcategory: IT Software
SIN 511210 Software Licenses
LARGE CATEGORY – MISCELLANOUS
Subcategory: Complimentary Special Item Numbers (SINs)
SIN ANCILLARY Ancillary Supplies and Services
SIN OLM Order-Level Materials
CONTRACTOR: ICU Technologies, Inc.
1382 Blue Oaks Blvd., Ste 110 | Roseville, CA |95678
Phone Number:530-488-7200 | Fax Number: 559-892-1142
E-mail: [email protected] | www.icu-techinc.com
BUSINESS SIZE: Veteran Owned-Small Business (VOSB)
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1 TABLE OF CONTENTS
Customer Information 2
About ICU Technologies 5
Description of Products and Services 7
Cooperative Purchasing Program 10
Disaster Purchasing Program 11
Brands & Solution Offerings 12
Services – Labor Categories & Rates 16
Labor Category Descriptions 17
Attachments – GSA Approved EULAS
Centegix
Evolv Technologies
FUSUS
SafePointe
TipNow
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2 CUSTOMER INFORMATION (Ordering Guidance)
1a. Special Item Numbers:

SIN 334220 Surveillance Systems, Wearable Body Cameras, and Vehicular Video SIN 334290 Security and Detection Systems
SIN 334290L Physical Access Control Systems (PACS) - Legacy SIN 541330L Security System Integration, Design, Management and Life Cycle Support SIN 611430ST Security Training
SIN 33411 Purchasing of new electronic equipment
SIN 511210 Software Licenses
SIN ANCILLARY Ancillary Supplies and Services
SIN OLM Order-Level Materials
1b. Lowest Priced Item/SIN: SIN 334290L, AC-HID-CORP1K-MC-1000, Price: $.31/ea SIN 334220, H4-BO-DEMO1, Price: $4.49/ea
SIN 33411, IPSCM-RM-DB, Price: $10.07/ea
SIN 511210, IPSVSX-UL, $.01/ea
1c. Hourly Rates (Services): SIN 334290, ANCILLARY, Security Technician I $128.23/hr SIN 611430ST, Senior Trainer, $223.28/hr
SIN 541330L, Senior Programmer, $177.55/hr

2. Maximum Order: SIN 334290L - $250,000; SIN 334220 - $250,000; SIN 334290 – $250,000; SIN 541330L - $250,000; SIN 611430ST - $0; SIN 33411 - $500,000; SIN 511210 - $500,000; SIN ANCILLARY - $250,000; SIN OLM - $250,000
*Ordering activities may request a price reduction at any time before placing an order, establishing a BPA, or in conjunction with the annual BPA review. However, the ordering activity shall seek a price reduction when the order or BPA exceeds the simplified acquisition threshold. Schedule contractors are not required to pass on to all schedule users a price reduction extended only to an individual ordering activity for a specific order or BPA.

3. Minimum Order: $100.00

4. Geographic Coverage: Domestic, 50 states, Washington, DC, Puerto Rico, and US Territories

5. Points of Production: USA

6. Statement on Net Price: Prices shown in pricelist are net (negotiated discount has been applied and the IFF has been added).

7. Quantity Discounts: 1%, 250k; 2%, 500k (Avigilon Items Only) 475
3 8. Prompt Payment Terms: Net 30 days, 0 %. Information for Ordering Offices: Prompt payment terms cannot be negotiated out of the contractual agreement in exchange for other concessions.

9. Foreign Items: None
10a. Time of Delivery: 30 days ARO
10b. Expedited Delivery: Consult with Contractor.
10c. Overnight and Two-day Delivery: Consult with Contractor for rates. 10d. Urgent Requirements: Consult with Contractor.

11. F.O.B Points: FOB Origin
12a. Ordering Address: Same as Contractor’s Address
12b. Ordering procedures: For supplies and services, the ordering procedures, information on Blanket Purchase Agreements (BPA’s) are found in FAR 8.405-3

13. Payment Address: 1382 Blue Oaks Blvd., Ste 110
Roseville, CA 95678

14. Warranty Provision: Standard Commercial Warranty.

Customer should contract contractor for
copy of warranty or generally N/A for services

15. Export Packing Charges: N/A

16. Terms and conditions of
Government rental, maintenance,
and repair: N/A

17. Terms and conditions of
Installation N/A
18a. Terms and conditions of repair parts
indicating date of parts price lists and
any discounts from list prices N/A
18b. Terms and conditions for any other
services N/A

19. List of service and distribution points N/A

20. List of participating dealers: N/A

21. Preventive Maintenance: N/A
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4 22a. Environmental Attributes: N/A
22b. Section 508 Compliance: N/A

23. Unique Entity Identifier (UEI): G5GUHKE9YMS8

24. SAM Registration: SAM Registration valid and current. 477
5 ABOUT ICU TECHNOLOGIES
ICU has worked hard to build an amazing safety and
security portfolio of solutions to offer to our gov/ed
clients – all available through our GSA MAS. We deliver turnkey public safety security solutions by leveraging
the best-in-breed technologies which generate
measurable business outcomes to local, state, and
federal government agencies. Our exclusive focus on
public sector, law enforcement, and campus safety at
schools provides us the expertise to help our clients
navigate the real issues at hand and achieve your
strategic objectives.

We’re not just another vendor.

We’re your partner.

Whether you are in the beginning stages of planning a
safety or security strategy or in the middle of a
tiresome and tedious RFP, give us a call. Like all our
clients, you will be glad you did.
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6 Our best-in-class integrated services and capabilities include:

Services
• Site Surveys
• Design and Engineering
• Threat, Vulnerability, and Risk Assessments
• Procurement, Installation, Integration, Testing, Training, and Documentation • Security Services Program Management and Administrative Support Capabilities
• Intrusion Detection
• Access Control Systems
• Video Systems
• Forward Looking Infrared (FLIR) and/or Acoustic Sensors • Perimeter/Outdoor Security Systems
• Emergency Phone & Communication Solution
• Mobile Sensor Systems
• Real-Time Crime Center
• License Plate Recognition
• Identity and Access Management
• 911 Emergency Response Support Services
• Firewall Monitoring and Management
• Physical Security Sensor Systems
• Gun-Shot Detection System
• Solar powered surveillance IP
• 5G fixed wireless connectivity
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7 DESCRIPTION OF PRODUCTS & SERVICES
Security & Protection
334220 Surveillance Systems, Wearable Body Cameras, and Vehicular Video Includes surveillance systems, wearable body cameras, and vehicle videos, including video storage and services as part of a total solution.

NOTE: Subject to Cooperative Purchasing
334290 Security and Detection Systems
Includes security and detection systems and devices, such as gas detectors, pressure level monitoring, patient/detainee monitoring systems, etc.

NOTE: Excludes vehicular alarms.

NOTE: Subject to Cooperative Purchasing
334290L Physical Access Control Systems (PACS) – Legacy Includes physical access control systems (PACS), such as card-controlled access, biometrics, security barriers, etc. Includes non-FIPS physical access control systems.

NOTE: Subject to Cooperative Purchasing
541330L Security System Integration, Design, Management, and Life Cycle Support
Includes services involving the security integration/management discipline, which supports security products and systems throughout their lifecycle. Services may include, but are not limited to: testing, production, fielding, process improvement, disposal, etc.

NOTE: Subject to Cooperative Purchasing
SIN 611430ST Security Training
Includes all security training related to law enforcement, security, emergency preparedness and/or first responders. Examples include instructor-led training, web-based training, pre-set courses, training development, etc.

NOTE: Subject to Cooperative Purchasing
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8 Information Technology
33411 Purchasing of new electronic equipment
Includes desktop, laptop, tablet computers (including rugged), servers, storage equipment, hyperconverged integrated systems, supercomputers, routers, switches and other communications equipment, IT security equipment (hardware based firewalls), audio and video (AV) equipment, public address systems, monitors/displays, sensors and other Internet of Things (IOT) devices, printers and Multi-Function Device (MFD) equipment, broadcast band radio, two-way radio (LMR), microwave radio equipment, satellite communications equipment, radio transmitters/receivers (airborne), radio navigation equipment/antennas, optical/imaging systems, and associated peripherals required for operations (such as controllers, connectors, cables, drivers, adapters, etc., ancillary installation of any equipment purchased.

NOTE: Subject to Cooperative Purchasing
511210 Software Licenses
Includes both term and perpetual software licenses and maintenance.

NOTE: Subject to Cooperative Purchasing
Ancillary Supplies and Services
Ancillary supplies and/or services are support supplies and/or services which are not within the scope of any other SIN on this schedule. These supplies and/or services are necessary to compliment a contractor's offerings to provide a solution to a customer requirement. This SIN may be used for orders and blanket purchase agreements that involve work or a project that is solely associated with the supplies and/or services purchased under this schedule.

NOTE: When used in conjunction with a Cooperative Purchasing eligible SIN, this SIN is Cooperative Purchasing Eligible.

OLM Order-Level Materials
OLMs are supplies and/or services acquired in direct support of an individual task or delivery order placed against a Schedule contract or BPA. OLM pricing is not established at the Schedule contract or BPA level, but at the order level. Since OLMs are identified and acquired at the order level, the ordering contracting officer (OCO) is responsible for making a fair and reasonable price determination for all OLMs.

OLMs are procured under a special ordering procedure that simplifies the process for acquiring supplies and services necessary to support individual task or delivery orders placed against a Schedule contract or BPA. Using this new procedure, ancillary supplies and services not known at the time of the Schedule award may be included and priced at the order level.

OLM SIN-Level Requirements/Ordering Instructions:
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9 OLMs are:
- Purchased under the authority of the FSS Program
- Unknown until an order is placed
- Defined and priced at the ordering activity level in accordance with GSAR clause 552.238-115 Special Ordering Procedures for the Acquisition of Order-Level Materials. (Price analysis for OLMs is not conducted when awarding the FSS contract or FSS BPA; therefore, GSAR 538.270 and 538.271 do not apply to OLMs)
- Only authorized for use in direct support of another awarded SIN. - Only authorized for inclusion at the order level under a Time-and-Materials (T&M) or LaborHour (LH) Contract Line Item Number (CLIN) - Subject to a Not To Exceed (NTE) ceiling price
OLMs are not:
- "Open Market Items."
- Items awarded under ancillary supplies/services or other direct cost (ODC) SINs (these items are defined, priced, and awarded at the FSS contract level)

OLM Pricing:
- Prices for items provided under the Order-Level Materials SIN must be inclusive of the Industrial Funding Fee (IFF).
- The value of OLMs in a task or delivery order, or the cumulative value of OLMs in orders against an FSS BPA awarded under an FSS contract, cannot exceed 33.33%.

NOTE: When used in conjunction with a Cooperative Purchasing eligible SIN, this SIN is Cooperative Purchasing Eligible.
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10 COOPERATIVE PURCHASING PROGRAM
ICU’s MAS contract is qualified to accept orders from state, local and tribal governments to purchase IT, security, and law enforcement products and services offered on this contract at any time, for any reason, using any funds available.

Who is Eligible?
40 U.S.C § 502 (c) offers the following definition of state or local government:
"The term, 'State or local government' includes any State, local, regional, or tribal government, or any instrumentality thereof (including any local educational agency or institution of higher education)." Educational Institutions include:
• Local elementary, middle, and high schools operated by public school boards; • Public colleges, community colleges, technical colleges; and • Public universities that provide at least a two-year program that offers a degree or offers credit toward such a degree.

Program Authority
Access to Schedules for non-federal buyers is authorized under law. • Public Law 107-347
• Public Law 110-248
Why buy through GSA’s Cooperative Purchasing Program?
Features and Benefits include:
• Total solutions for IT, law enforcement and security
• Fair and reasonable ceiling prices and the ability to negotiate additional discounts • Streamline buying process with no RFP competition mandate • Direct vendor-customer relationship
• Interoperable products to meet Homeland Security needs • Value-added features – Warranty – Expedited delivery – Commercial terms and conditions www.gsa.gov/cooperativepurchasing
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11 DISASTER PURCHASING PROGRAM
ICU’s MAS contract is qualified to accept orders from state and local governments to buy supplies and services directly from all GSA MAS Schedules to facilitate disaster preparation, response, or major disaster recovery.

State and local governments can purchase equipment and services to support natural or manmade disasters, including acts of terrorism, or nuclear, biological, chemical, or radiological attack.

Program Authority
Access to Schedules for non-federal buyers is authorized under law. • Public Law 109-364
• Public Law 111-263
Disaster funding can be spent before, during and after an incident
• "Preparedness" means actions that involve a combination of planning, resources, training, exercising, and organizing to build, sustain, and improve operational capabilities. Preparedness is the process of identifying the personnel, training, and equipment needed for a wide range of potential incidents and developing jurisdiction – specific plans for delivering capabilities when needed for an incident. • "Response" means immediate actions to save lives, protect property and the environment, and meet basic human needs. Response also includes the execution of emergency plans and actions to support short-term recovery. • "Recovery" means the development, coordination, and execution of service- and siterestoration plans; the reconstitution of government operations and services; individual, private-sector, nongovernmental, and public-assistance programs to provide housing and to promote restoration; long-term care and treatment of affected persons; additional measures for social, political, environmental, and economic restoration; evaluation of the incident to identify lessons learned; post incident reporting; and development of initiatives to mitigate the effects of future incidents. www.gsa.gov/disasterpurchasing
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12 BRANDS & SOLUTION OFFERINGS
ICU offers the following technology and security brands through our MAS GSA contract to deliver a fully integrated solution which meets the most urgent of needs of federal, state, and local agencies to protect people, places and assets in today’s ever-changing landscape.

Advanced Network Devices manufacturers the components for a mass notification system designed to keep people informed and connected throughout the day and safe during critical events. IP devices on a government network enable mass notification to reach and make the best impact on the intended audience. Their IP displays, IP speakers, and IP hubs can leverage integrated non-network devices, such as traditional speakers, strobes, buttons, sensors, contact closures, and access control devices, as well as SIP / VoIP phones and mass notification software.

Avigilon Security Solutions are designed as easy-to-use software and hardware IP network products that include image capture, analysis, storage, transfer, and playback of high-quality video surveillance footage with visually lossless compression (no perceptible loss of visual detail), and electronic access control management. Avigilon Security Solutions may be configured into a customized, end-to-end, integrated intelligent security system that provides high quality video and data using relatively low bandwidth. Avigilon Security Solutions include features such as: electronic access control, automatic event detection, pattern-based analytics algorithms, teach-by-example self-learning capabilities, alarm monitoring, integrations with third party platforms, video export, enterprise-level server and site management, extended video wall viewing, object search, appearance search, and remote viewing via mobile devices.

BCDVideo purpose-built video recording servers set the industry standard for performance, quality, and affordability. Their video recording servers include options to support four to 4,000+ security cameras, maximizing bandwidth for a variety of software applications and market verticals.
485
13 Since the launch of CrisisAlert, by Centegix, school districts have found a solution that stands up to the rigors and limitations of real-world emergencies while minimizing the time and fine motor skills required to initiate and respond to whatever crisis arises. The CrisisAlert badge is the fastest and easiest way for teachers and staff to immediately get help, anywhere on campus. This innovative technology solution is critical where seconds matter.

Evolv exists to make everywhere safer while allowing everyone to enjoy their everyday lives. At its core, Evolv makes this experience possible by enabling flow. Through a combination of technologies that include advanced sensors, machine learning, cloud analytics, and centralized data stores, the Evolv platform creates a seamless experience for visitors to public venues while helping security personnel spot guns, knives, and explosives with ease and accuracy. Evolv’s low profile ensures venues won’t have to compromise customer experience to increase safety.

The Fusus Real-Time Crime Center in the Cloud (RTC3) extracts and unifies live video, data and sensor feeds from virtually any source, enhancing the situational awareness and investigative capabilities of law enforcement agencies. We create a public safety ecosystem that combines video with other utilities like CAD data, gunfire detectors, real-time officer geolocator feeds, a registry map of all the public and private cameras in your region, a multi-media tips line for the public, and a digital evidence vault for investigators. fūsus enables Law Enforcement and Public Safety agencies to operate more efficiently, with improved operational intelligence, and with a proactive emphasis on officer, citizen, and community safety.

Live911 provides the ability for first responders in the field, as well as any support personnel such as Watch Commanders, UAS Operators (DFR), Real Time Crime Center (RTCC) Staff, Incident Commanders, EOC Staff, etc., to monitor the location and audio of incoming 911 emergency calls. The geotagged call is provided to those field personnel within a predetermined radius. The intent is to provide first responders with the most immediate and complete information of an ongoing emergency incident.
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14 Integral Networks provides Monitoring & Management of Firewalls, switches, printers, and network devices. Network security. Cybersecurity. Dark Web Scanning. Off-site storage.

IPVideo Corporation harnesses the power of the Internet of Things (IoT) and incorporates artificial intelligence (AI) and machine learning to deliver a range of open platform physical security, sensor and audio/visual solutions that provide maximum flexibility, performance, ease-of-use and value. We design and manufacture the HALO IOT Smart Sensor, a security device for privacy areas and an environmental monitoring tool. Sends alerts to security personnel. Vape Detection, Chemical Detection, Sound Frequency Monitoring, Air Quality Monitoring, Room Occupancy Alerting, Privacy Area Security, Keyword Detection, Gunshot Detection, Aggression and Loud Disturbances.

Louroe Electronics is the leading U.S. manufacturer of audio monitoring systems, microphones, and base stations. Their line of Verifact microphone and microphone/speaker systems are designed to interface with DVRs, IP network cameras, sound card modules, video servers, encoders/decoders, and CCTV systems. Manufacturer of hardware and analytic software for gun-shot detection, aggression, car break, glass break (sound detection).

Panasonic i-PRO Sensing Solutions Corporation of America, a global leader in professional security solutions for surveillance and public safety, offers their i-PRO S-series line of network cameras. With the i-PRO S-series, the AI processing found in Panasonic i-PRO Sensing Solutions’ premium products provides comprehensive surveillance and security solutions for education facilities, schools, and campuses.
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15 The SafePointe Targeted Magnetic Moment (TM2) sensor system offers an effective method for covert threat detection of mass casualty weapons, such as rifles and bombs, on person or in baggage. Defense-qualified technology adapted from a long-linear form factor for perimeter security and geophysical survey applications. Optimized for facility entrance threat detection.

Schlage is a manufacturer of door lock cylinders and access control components for campus safety solutions at school districts and government office buildings.

Securitech prides itself in being America’s leading “Go-To” high-security door hardware manufacturer, meeting the strictest of standards and developing specialized solutions for customers. Renowned for its groundbreaking innovations in multipoint and deadbolt locking, Securitech’s proven lock security solutions provide for a unique niche across industries and markets, including schools and behavioral healthcare facilities to worldwide retailers, government institutions, and infrastructure.

Siklu Wireless is the manufacturer of a multi-gigabit fiber-like wireless solution that starts with planning and covers access and aggregation in urban, suburban, and rural settings. Operating in the millimeter wave bands, its wireless solutions are used by leading service providers and system integrators to provide gigabit broadband, 5G fixed wireless and smart/safe city connectivity.

Singlewire’s alert software offers the only emergency notification system that reaches people on-premises and when they are mobile. InformaCast helps extend the reach of communications tools already in place, reducing costs and saving time. When communication matters most, InformaCast notification software provides the speed and reach to get critical information into the hands of the people who need it. This versatile mass communication system works with mobile and on-premises devices to protect people when emergencies strike. 488
16 TipNow™ Pro is a threat intelligence platform which enable the campus community of students, teachers, leaders, and campus safety/campus police to communicate regarding threats. With the increase in violence in our cities law enforcement agencies need to respond and take back their cities. To quickly quell the violence, we need to implement A Threat Intelligence Platform that combines the power of artificial intelligence with anonymous communication reporting and video analytics is a must in the current environment.

Services – Labor Categories & Rates
SIN (s) Labor Categories
GSA Price
(w/IFF) Hourly
Rate
541330L Program Manager $276.19
541330L Senior Project Manager $217.01
541330L Project Manager $197.28
541330L Subject Matter Expert III $313.85
541330L Systems Engineer $228.66
541330L Senior Programmer $177.55
611430ST Senior Trainer $223.28
541330L Security Technician I $128.23
541330L Security Technician II $138.10
541330L Project Lead $162.76
541330L Security Engineer $172.62
Products Pricing
See GSA Advantage
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17 Labor Category Descriptions
Commercial Job Title: Program Manager
Minimum/General Experience: Possesses at least 15 years with project management for related Security and Surveillance Technology Systems.

Functional Responsibility: Manages complex, mission-critical, strategic, and advanced technology-based programs for law enforcement, homeland defense, emergency preparedness, K-12 campus safety and security information technology clients. Serves as focal point for the contract and client regarding programs direction, task scheduling, and budget control. Directs internal and subcontractor team(s) and performs overall strategic management, planning, contract level performance metrics and production of overall contract/task order support operations. Effectively manages funds, personnel, production standards, and resources, and ensures quality and timely delivery of all contractual items.

Minimum Education: Bachelors degree
Commercial Job Title: Senior Project Manager
Minimum/General Experience: Possesses at least 12 years with project management for related Security and Surveillance Technology Systems.

Functional Responsibility: Responsible for leading all aspects of projects for law enforcement, homeland defense, emergency preparedness, K-12 campus safety and security information technology clients. Serves as a single point of contact for managing all tasks/subtasks to ensure that goals or objectives of projects are accomplished on time and within budget. Establishes work plan and multi-disciplinary staffing for each project phase, conducts surveys to determine user needs, and prepares project reports. Manages and supervises personnel involved in all aspects of project activity, organizes, and assigns responsibilities to subordinates, and oversees the successful completion of all assigned tasks. Performs Quality Control (QC) and Quality Assurance (QA) related reviews and tasks, when required.

Minimum Education: Bachelors degree
Commercial Job Title: Project Manager
Minimum/General Experience: Possesses at least 10 years with project management for related Security and Surveillance Technology Systems.

Functional Responsibility: Oversees and leads assigned tasks of projects for law enforcement, homeland defense, emergency preparedness, K-12 campus safety and security information technology clients. Guides projects from the original concept through final implementation. 490
18 Defines project scope and objectives, including developing detailed work plans, day-to-day management direction, schedules, project estimates, resource plans, status reports, and project tracking and analysis. Conducts project meetings and ensures quality standards. Provides advanced technical and strategic guidance to multiple project teams and oversees project deliverables. Responsible for assisting in all aspects of project technical, contractual, administrative, and financial performance. Manages and supervises personnel including technicians and ancillary support staff involved in all aspects of project activity, organizes, and assigns responsibilities to subordinates, and oversees the successful completion of all assigned tasks on security information technology projects.

Minimum Education: Bachelors degree
Commercial Job Title: Subject Matter Expert III
Minimum/General Experience: Possesses at least 20 years with related Security and Surveillance Technology Systems.

Functional Responsibility: Uses functional and/or subject matter area expertise gained through direct industry experience to assess the organizational, operational, and functional baseline for law enforcement, homeland defense, emergency preparedness, K-12 campus safety and security information technology clients. Works with senior government officials and executives to provide industry vision and strategic direction regarding their enterprise. May serve as an expert to assist agencies in determining and engaging a wide range of stakeholders, including local, state, and federal agencies. Guides the determination of systems, mission engineering, and business process inadequacies and deficiencies that affect the functional area’s ability to support/meet organizational threats. Participates in strategy sessions, strategic assessments, and design reviews to validate enterprise approach and associated work products. Provides expert consulting and advisory expertise in the areas of organizational and vulnerability assessments, intelligence and threat analysis, and resolution of overly complex project and problems. Recognized for strong expertise and recognition in determining industry issues and trends.

Minimum Education: Bachelors Degree
Commercial Job Title: Systems Engineer
Minimum/General Experience: Possesses at least 10 years with related Security and Surveillance Technology Systems.

Functional Responsibility: Defines and executes IT and security systems engineering activities within a project or program. Provides higher end technical services required as part of a technically complex IT or security system integration/installation project. Provides systems engineering problem definition, analysis, requirements development, and implementation for complex projects for law enforcement, homeland defense, emergency preparedness, K-12 491
19 campus safety and security information technology clients. Responsible for the overall scope of an integrated security solution; implementation of the protocols required for the integration of multiple security disciplines to include infrastructure, connectivity, hardware, and software; and is responsible for the overall selection of manufacturer and equipment required to implement the design solution. Coordinates Project Lead and Security Engineer to understand integration/installation, customer and support requirements and provides on-going communication regarding status of work efforts and issues encountered.

Minimum Education: Bachelors Degree
Commercial Job Title: Senior Programmer
Minimum/General Experience: Possesses at least 10 years with related Security and Surveillance Technology Systems.

Functional Responsibility: Participates in all phases of software and/or hardware development, including system design, analysis, architecture, and engineering in support of integrated solutions for law enforcement, homeland defense, emergency preparedness, K-12 campus safety and security information technology clients. Plans and directs the development of major programming projects and the installation of systems; programs, designs, analyzes, codes, implements, and tests software applications, modules, and databases in various languages, including those associated with scientific, technical, or engineering problems; performs process analyses to recommend improvements; performs system, network, and/or database administration, analysis, design, implementation, and testing. Analyzes and documents client needs and requirements; provides technical support including providing technical solutions and training; writes, modifies, and maintains software documentation and specifications. May serve as a technical task or team lead.

Minimum Education: Bachelors Degree
Commercial Job Title: Senior Trainer
Minimum/General Experience: Possesses at least 15 years with related Security and Surveillance Technology Systems.

Functional Responsibility: Provides training across all security platforms, enterprise wide for the complete lifecycle of all systems deployed in support of integrated solutions for law enforcement, homeland defense, emergency preparedness, K-12 campus safety and security information technology clients. Responsible for developing and implementing training programs to support safeguards and security projects using a wide variety of technical, environmental, management, and related activities. Performs technical research on emerging technologies to determine impacts on application execution and training requirements for clients.
492
20 Minimum Education: Bachelors Degree
Commercial Job Title: Security Technician I
Minimum/General Experience: Possesses at least 3 years with related Security and Surveillance Technology Systems.

Functional Responsibility: Expert in security system design and installation. Provides advice, counsel, review services, and opinions on a wide variety of matters pertaining to security systems operations and systems management.

Minimum Education: Bachelors Degree
Commercial Job Title: Security Technician II
Minimum/General Experience: Possesses at least 4 years with related Security and Surveillance Technology Systems.

Functional Responsibility: Expert in security system design and installation. Provides advice, counsel, review services, and opinions on a wide variety of matters pertaining to security systems operations and systems management.

Minimum Education: Bachelors Degree
Commercial Job Title: Project Lead
Minimum/General Experience: Possesses at least 6 years with related Security and Surveillance Technology Systems.

Functional Responsibility: Leads and directs the performance of a variety of related Security and IT projects. Responsible for ensuring high quality products and services that are delivered according to the agreed schedule and budget of the applicable task/delivery order.

Minimum Education: Bachelors Degree
493
21 Commercial Job Title: Security Engineer
Minimum/General Experience: Possesses at least 8 years with related Security and Surveillance Technology Systems.

Functional Responsibility: Contribute to the execution of the day-to-day tasks and support of the project along with implementing and deploying the major portions of the solution. Applies engineering expertise and knowledge of state-of-the-art software, hardware, network infrastructure, and/or information technology in support of integration of security and surveillance technology systems.

Minimum Education: Bachelors Degree

EQUIVALENCY REQUIREMENTS
Education and experience may be substituted for each other as indicated by the following equivalency requirements:

Associate degree Two years relevant experience is equal to an Associate degree
Bachelors Degree Associate degree plus four years relevant experience, or six years relevant
experience.

Masters Degree Bachelor's Degree plus four years relevant experience, or eight years relevant
experience.

PH.D. Master's Degree plus four years relevant
experience, or ten years relevant
experience.
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Standard Terms and Conditions
These Standard Terms and Conditions (the “Standard Terms”) govern the rights and obligations of Customer and 34ED, LLC, a Delaware limited liability company doing business as CENTEGIX (“CENTEGIX”) with respect to the CrisisAlertTM Platform and any other products and services acquired from CENTEGIX as set forth on the applicable Order (collectively, the “Service”).

Capitalized terms used and not otherwise defined in these Standard Terms have the meanings assigned in Section 12 below.

1. Subscription Terms.

1.1 CENTEGIX will provide the Service for the term specified in the Order Acknowledgement (the “Initial Term”). Customer has the right to access and use the Service during the Term pursuant to these Standard Terms. The fee for the Service (the “Service Fee”) is specified in the applicable Order Acknowledgement.

1.2 Customer is not acquiring any right or interest in the Service or any of the tangible components delivered to Customer as part of and solely for use with the Service and listed on the applicable Order Acknowledgement (the “Equipment”) other than the right to access and use the Service and the Equipment during the Term subject to these Standard Terms. CENTEGIX reserves all rights not expressly granted to Customer in these Standard Terms and retains all right, title and interest (including all intellectual property rights) in and to the Service and the Equipment under all applicable laws of the United States and any other applicable state, federal, or foreign law. For purposes of these Standard Terms, all references to the Service include the Equipment unless otherwise expressly stated in these Standard Terms.

1.3 Except as expressly permitted by these Standard Terms, Customer will not: (A) sublicense, transfer, or otherwise assign its rights, in whole or in part, in or to the Service to any third-party nor allow any third-party to access or use the Service; (B) modify, create derivative works of, translate, reverse engineer, de-compile, or disassemble the Service to develop any other device or program or for any other reason; or (C) copy the software portions of the Service, in whole or in part, without the prior written consent of CENTEGIX. Customer must retain all logos, legends, and notices relating to CENTEGIX ownership of the Service and the Equipment and the intellectual property rights of CENTEGIX therein.

1.4 CENTEGIX warrants that the Service will conform to the description of the Service in the Documentation.

Except as a provided in the preceding sentence, CENTEGIX EXPRESSLY DISCLAIMS ALL WARRANTIES

REGARDING THE SERVICE AND THE EQUIPMENT, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. IN THE EVENT OF A BREACH OF WARRANTY, THE U.S. GOVERNMENT

RESERVES ALL RIGHTS AND REMEDIES UNDER THE CONTRACT, THE FEDERAL ACQUISITION REGULATIONS, AND THE CONTRACT DISPUTES ACT, 41 U.S.C. 7101-7109.

2. Provisions Specific to the Equipment.

2.1 Customer acknowledges that CENTEGIX owns the Equipment, and that the Equipment is specially programmed for Customer and the Site at which the Equipment is initially installed.

2.2 In connection with the use of the Equipment, from time-to-time CENTEGIX will require Customer to take certain actions (e.g., reboot a component) for purposes of the continued operation of the Service and Customer will promptly comply with such directions. CENTGIX is responsible for the continued operation of the Equipment except to the extent the Equipment is damaged as a result of the acts or omissions of Customer or its employees or agents.

2.3 Upon the expiration of the Term or other earlier termination of the Service, (A) the Equipment will be inoperable; and (B) Customer must decommission the Equipment and return the Equipment to CENTEGIX or an authorized recycler. Customer must return all Equipment in the same condition as when such Equipment was provided to Customer, normal wear and tear excepted. Customer shall delete the Software from all Electronic Devices and media on which the Software is then resident. Within thirty (30) days following termination of the applicable Order Acknowledgement, Customer shall certify to CENTEGIX in writing that it has complied with the preceding sentence. CENTEGIX will assist Customer in the decommissioning of the Equipment upon mutually agreed terms. In no event shall Customer resell or transfer the Equipment to a third party.

3. Installation, Implementation, and Other Professional Services.

3.1 Generally. If specified on the applicable Order Acknowledgement, CENTEGIX will perform installation services and implementation services at each Site, for the fees stated in the applicable Order Acknowledgement (the “Installation Fee” and the “Implementation Fee” and a shipping fee, respectively). CENTEGIX warrants that such Installation, Implementation, and other professional services (collectively, the “Professional Services”) shall be performed 495
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in a workmanlike, professional manner by qualified personnel.

3.2 Customer Point of Contact. Customer shall designate one or two individuals as the representatives of Customer (the “Customer Representatives”), whose names are set forth on each Order, and who shall be authorized to make decisions, approve plans, grant requests on behalf of Customer, and receive notices from CENTEGIX. Customer hereby authorizes CENTEGIX to rely on all communications from and decisions of the Customer Representatives.

3.3 Configuration Information. The Customer Representatives shall promptly complete the required information (the “Install Sheets”) for each Site, assist CENTEGIX in scheduling Installation at each Site, and perform the other obligations of Customer as outlined in the Order Acknowledgement. Customer acknowledges and agrees that the schedule for Installation and Implementation as mutually agreed by the Customer Representatives and CENTEGIX is dependent upon the prompt and accurate completion of Install Sheets and the other obligations of Customer as outlined in the Order Acknowledgement. Customer is responsible for any out-of-pocket costs incurred by CENTEGIX as a result of delays in the timely and accurate performance of Customer Responsibilities outlined in the Order Acknowledgment and these Standard Terms.

4. Customer Data.

4.1 Customer shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use the data, information, and/or material that Customer submits to the Service in the course of using the Service (“Customer Data”).

4.2 Customer hereby grants CENTEGIX an irrevocable, perpetual, worldwide license to: (A) use Customer Data to provide the Service during the Term, and (B) process Customer Data to create a deidentified subset of Customer Data (the “CENTEGIX Compiled Data”). Customer acknowledges and agrees that: (x) CENTEGIX owns the CENTEGIX Compiled Data and all intellectual property rights in and to the CENTEGIX Compiled Data, and (y) that CENTEGIX is free to use CENTEGIX Compiled data for any lawful purpose including without limitation creation of statistical analysis, trend analysis, creation of data models, and creation of statistical rules, for resale. CENTEGIX does not own or have any right to use the Customer Data except as described in these Standard Terms.

4.3 CENTEGIX shall use commercially reasonable precautions to preserve the security and integrity and prevent any corruption, loss, damage, or destruction of the Customer Data. Customer is responsible for maintaining current backups of all Customer Data and securing Customer Data stored and processed at the Sites.

5. FEES AND PAYMENT

5.1 Invoicing. The applicable fees will be invoiced in accordance with the terms set forth in the applicable Order Acknowledgement. For any Renewal Term, the Service Fee will be invoiced on each anniversary of the Anniversary Date. In the event of pre-payment, invoicing will be adjusted to reflect prepayments of the Service Fee.

5.2 Payment Terms. Unless otherwise provided in the applicable Order Acknowledgement, all amounts are billed in US Dollars. All other payment terms may be found in the GSA Schedule contract and individual ordering document.

5.3 Taxes. CENTEGIX will not invoice Customer, and Customer will not pay, for sales, use, or excise taxes if Customer provides CENTEGIX with certificates or other evidence supporting the applicable tax exemptions. 496
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6. INDEMNIFICATION

6.1 By Centegix. CENTEGIX shall indemnify, defend, and hold harmless Customer and its officers, directors, employees and agents (collectively, the “Customer Indemnitees”) against any losses, liabilities, damages, and expenses, including reasonable attorneys’ fees (collectively, “Losses”) arising out of or related to any third party claim that is based upon or alleges that the use of the Service as permitted under these Standard Terms infringes any patent, or a copyright, trade secret, trademark or other proprietary right of a third party (an “IP Claim”). Nothing contained herein shall be construed in derogation of the U.S. Department of Justice’s right to defend any claim or action brought against the U.S., pursuant to its jurisdictional statute 28 U.S.C. §516.

6.2 Indemnification Definitions. “Claim” means, as applicable, any IP Claim and any Customer Indemnifiable Claim. “Indemnitor” means a party that is required to provide indemnification pursuant to these Standard Terms. “Indemnitee” means a party seeking indemnification pursuant to these Standard Terms and includes Customer Indemnitees and CENTEGIX Indemnitees.

6.3 Procedures for Claims. Indemnitee agrees to give Indemnitor prompt written notice of any Claim for which Indemnitee seeks indemnification, provided however, any failure by Indemnitee to timely provide such notice will not relieve Indemnitor of its indemnification obligations except to the extent Indemnitor can demonstrate actual prejudice as a result of such failure. Within thirty (30) days after receiving Indemnitee’s notice of a Claim, but no later than ten (10) days before the date on which any formal response to the Claim is due, Indemnitor will notify Indemnitee in writing acknowledging its indemnification obligation and assuming control of the defense and settlement of the Claim (a “Notice of Election”). If Indemnitor delivers a timely Notice of Election to Indemnitee, Indemnitor shall have sole control over the defense and settlement of the Claim. Indemnitee shall cooperate with Indemnitor in the defense of the Claim. Indemnitee will have the right to participate with Indemnitor in the defense or appeal of any Claim, at Indemnitee’s option and at Indemnitee’s own expense (such expense not being indemnified by Indemnitor), but Indemnitor will have sole control and authority with respect to any such defense, compromise, settlement, appeal, or similar action, provided that Indemnitor obtains Indemnitee’s prior written consent to any settlement that requires Indemnitee to make any admission of fault or pay any amounts in connection with such settlement. If Indemnitor does not deliver a timely Notice of Election or does not conduct the defense of a Claim after delivering a timely Notice of Election, Indemnitee may defend and/or settle the Claim in such manner as it may deem appropriate, at the cost and expense of Indemnitor, including payment of any settlement, judgment or award and the costs of defending or settling the Claim. Indemnitor will promptly reimburse the Indemnitee upon demand for all Losses suffered or incurred as a result of or in connection with the applicable Claim.

6.4 IP Claims. In the event of an IP Claim, in addition to its obligations as the Indemnitor, CENTEGIX may, at CENTEGIX’s option, (i) modify or replace the Service so that it performs comparable functions without infringement; or (ii) obtain a royalty-free license for Customer to use the Service. If neither alternative (i) or (ii) is available to CENTEGIX on commercially reasonable terms, CENTEGIX may terminate all Orders upon a refund to Customer of an amount equal to the Service Fee paid for the unexpired portion of the then current Term.

7. INSURANCE
CENTEGIX will maintain in full force and effect: (a) Commercial general liability insurance, with coverage limits of not less than One Million Dollars ($1,000,000) per occurrence and Two Million dollars ($2,000,000) general aggregate for bodily injury and property damage; (b) Errors and Omissions liability insurance with limits of at least One Million Dollars ($1,000,000) per claim; and (c) workers’ compensation and Employer’s liability coverage as required under applicable state law.

8. LIMITATION OF LIABILITY

8.1 IN NO EVENT WILL EITHER PARTY, ITS AFFILIATES OR ITS OR THEIR RESPECTIVE

DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO THE OTHER PARTY OR ITS AFFILIATES OR

ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS FOR ANY INDIRECT,

INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT

LIMITATION, LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF USE,

OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, IN ANY WAY RELATED

TO THESE STANDARD TERMS, THE PERFORMANCE OF ANY SERVICES PURSUANT TO THESE

STANDARD TERMS, OR USE OF THE EQUIPMENT, WHETHER IN AN ACTION IN CONTRACT, BREACH OF

WARRANTY OR TORT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF, OR COULD HAVE REASONABLY FORESEEN, THE POSSIBILITY OF SUCH DAMAGES.

8.2 CENTEGIX SHALL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, SUITS, LIABILITIES, 497
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DAMAGES OR LOSSES RELATED TO OR ASSOCIATED WITH THE PERSONAL INJURY, DEATH, OR REAL OR

PERSONAL PROPERTY DAMAGE ARISING FROM OR RELATED TO ANY EMERGENCY SITUATION OR ANY

OTHER USE OF THE SERVICE WHETHER IN TORT, CONTRACT, ARISING FROM A COURSE OF CONDUCT, USAGE IN TRADE OR OTHERWISE. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE FEES CHARGED

FOR THE SERVICE ARE ESTABLISHED AS A RESULT OF THE ALLOCATIONS OF RISK AND RESPONSIBILITY

DESCRIBED IN THIS SECTION (LIMITATION OF LIABILITY) AND THAT CENTEGIX WOULD NOT HAVE PROVIDED THE SERVICE WITHOUT CUSTOMER’S AGREEMENT TO THE ALLOCATION OF RISK AND RESPONSIBILITY SET FORTH IN THIS SECTION (LIMITATION OF LIABILITY).

8.3 IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CENTEGIX FOR ANY CLAIM, LOSS, OR DAMAGE IN CONNECTION WITH THESE STANDARD TERMS OR CUSTOMER’S USE OF THE SERVICE

EXCEED THE AMOUNT PAID TO CENTEGIX PURSUANT TO AN ORDER ACKNOWLEDGEMENT FOR THE

PARTICULAR SERVICE WHICH GAVE RISE TO THE CLAIM DURING THE SIX MONTH PERIOD ENDED ON THE DATE THE CLAIM AROSE. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO THE OBLIGATIONS OF CENTEGIX IN SECTION 6.1 (INDEMNIFICATION).

8.4 THE LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT

REGARD TO WHETHER OTHER PROVISIONS OF THESE STANDARD TERMS AND CONDITIONS HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.

8.5 THIS AGREEMENT SHALL NOT IMPAIR THE U.S. GOVERNMENT’S RIGHT TO RECOVER FOR

FRAUD OR CRIMES ARISING OUT OF OR RELATED TO THIS CONTRACT UNDER ANY FEDERAL FRAUD STATUTE, INCLUDING THE FALSE CLAIMS ACT, 31 U.S.C. 3729-3733. FURTHERMORE, THIS CLAUSE SHALL NOT IMPAIR NOR PREJUDICE THE U.S. GOVERNMENT’S RIGHT TO EXPRESS REMEDIES PROVIDED IN THE GSA SCHEDULE CONTRACT (E.G., CLAUSE 552.238-81 – PRICE REDUCTIONS, CLAUSE 52.212-4(H) – PATENT INDEMNIFICATION, AND GSAR 552.215-72 – PRICE ADJUSTMENT – FAILURE TO PROVIDE ACCURATE INFORMATION).

9. Confidentiality

9.1 Confidential Information. Except as may be provided by state or federal law, including open records requests made pursuant to the open records law of the jurisdiction of Customer, and requests made pursuant to the Freedom of Information Act (FOIA) (U.S.C. §522 et seq.), each recipient of Confidential Information (the “Recipient”) agrees that it will not disclose, provide, or otherwise make available any Confidential Information of the other party (the “Disclosing Party”) during the Term and for a period of 7 years thereafter, and in the case of Confidential Information that constitutes a trade secret under applicable law, for as long as such Confidential Information remains a trade secret. Each Recipient agrees that it will obtain a written confidentiality agreement from each third party (consultant or any other person) not governed by these Standard Terms who is provided access to the Confidential Information of the Disclosing Party. In addition, each Recipient agrees that it will not:
(i) use the Disclosing Party’s Confidential Information for any purpose beyond the scope of these Standard Terms;
(ii) Copy any part of the Disclosing Party’s Confidential Information or disclose any part of the Disclosing Party’s Confidential Information to any person other than Recipient’s employees or consultants who need the Disclosing Party’s Confidential Information to perform their duties; (iii) Authorize or permit any such employee or consultant to use or disclose any part of the Disclosing Party’s Confidential Information in violation of these Standard Terms; (iv) Reverse engineer, de-compile, or disassemble any of the Disclosing Party’s Confidential Information nor use any of the Disclosing Party’s Confidential Information for the purpose of reverse engineering, de-compiling, or disassembling the Software; or
(v) Produce any product nor offer any service of any nature whatsoever based in whole or in part on the Disclosing Party’s Confidential Information nor cause or assist any other Person in doing so.

9.2 Exclusions. The Recipient’s obligations under these Standard Terms will not apply to any portion of the Disclosing Party’s Confidential Information that:
(i) At the time of disclosure to Recipient, was in the public domain or subsequently becomes a part of the public domain through no breach of these Standard Terms; 498
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(ii) Recipient had in its possession at the time of disclosure by the Disclosing Party, as established by written documentation in existence at that time, and that was not acquired directly or indirectly from the Disclosing Party or with knowledge of confidentiality restrictions; (iii) Recipient subsequently acquires by lawful means from a third-party who is under no obligation of confidentiality or non-use owed to Disclosing Party; (iv) Recipient subsequently independently develops without any use of or reference to the Disclosing Party’s Confidential Information; or
(v) Becomes a part of CENTEGIX Compiled Data.

9.3 Disclosure Pursuant to Legal Process. If Recipient is legally compelled (including pursuant to open records requests and FOIA requests) to disclose any portion of the Disclosing Party’s Confidential Information, Subject to the time constraints of open records requests and FOIA requests, Recipient will give Disclosing Party prompt notice of that fact, including in its notice the legal basis for the required disclosure and the nature of the Disclosing Party’s Confidential Information that must be disclosed. Recipient will disclose only that portion of the Disclosing Party’s Confidential Information that is legally required to be disclosed.

9.4 Enforcement. Recipient acknowledges that Disclosing Party may have no adequate remedy at law should Recipient breach its obligations under this Section 7 and agrees that Disclosing Party will be entitled to enforce its rights under this Section 8 by seeking appropriate equitable relief including a temporary restraining order and an injunction. No delay or failure by Disclosing Party in exercising any right under these Standard Terms will be construed to be a waiver of that right or of the right to assert a claim with respect to any future breach of these Standard Terms.

9.5 Return or Destruction of Confidential Information. Upon request by the Disclosing Party, the Recipient will destroy the Disclosing Party’s Confidential Information, including all copies of the Disclosing Party’s Confidential Information, and all abstracts, summaries or documents produced using the Disclosing Party’s Confidential Information and, upon request, will certify to the Disclosing Party in writing that all copies, abstracts, summaries, and documents have been destroyed. Notwithstanding any provision of these Standard Terms to the contrary, no provision of these Standard Terms shall require the destruction of (i) Confidential Information required to be retained by the Recipient’s document retention policy and (ii) copies of any computer records or files containing Confidential Information that have been created pursuant to automatic archiving and back-up procedures which cannot reasonably be deleted.

10. TERM; TERMINATION

10.1 Term. Customer may use the Service during the Initial Term. Customer may renew the right to use the Service by submitting an Order for a renewal term (each, a “Renewal Term,” and, with the Initial Term, the “Term”).

Customer acknowledges that failure to renew the applicable Term will terminate Customer’s access to and use of the Service.

10.2 Termination. See GSA Schedule contract for terms and conditions of termination.

10.3 Effect of Termination. Within thirty (30) days of the termination of an Order Acknowledgement for any reason, the affected Sites will be decommissioned and CENTEGIX will cease provision of the Service. Upon termination, Customer will use reasonable efforts to notify all users of the Service that the Service have been terminated. Except as expressly set forth in these Standard Terms, amounts paid to CENTEGIX for Equipment, Service, and Professional Services are non-refundable.

11. GENERAL.

11.1 Independent Contractor. The parties are and shall be independent contractors. Neither party is, nor will be deemed to be, an agent, legal representative, joint venture, employee, or partner of the other party for any purpose. Neither party shall have any authority to act for or to bind the other party in any respect, nor shall either party hold itself out as having such authority.

11.2 Limitations. The CRISIS ALERT System is not a life-saving system, and no part of the CRISIS ALERT System is a life safety device. The CRISIS ALERT System is a communications system designed to allow Customer personnel to signal an alert if there is an emergency at a Site or provide other safety and security functions. Emergencies and the resulting confusion, errors in judgment, interruption of power and communications, and other issues surrounding emergencies may result in the failure of systems or in inappropriate or less than optimal actions or inactions by persons reacting or responding to emergencies. The CRISIS ALERT System may not be operational or work properly as a result of environmental factors and weather conditions beyond human control, unmaintained, stolen, or damaged equipment, the failure of the internet and 499
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other communications systems, or the failure of electrical grid, therefore CENTEGIX does not represent, warrant, or guarantee that the CRISIS ALERT System will be operational or work properly if or when an emergency occurs.

11.3 Assignment. Neither Party has the right to assign or transfer its rights and obligations under these Standard Terms without prior written approval of the other and any attempted assignment shall be void, except that CENTEGIX may assign these Standard Terms to an Affiliate of such Party or to any successor to all or substantially all of such Party’s business and assets in accordance with the procedures set forth in FAR 42.12.

11.4 Force Majeure. Neither Party shall be in default by reason of any failure in performance of these Standard Terms if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control or foreseeability of such Party, including but not limited to, acts of God or of the public enemy, U.S. or foreign governmental acts in either a sovereign or contractual capacity, fire, flood, epidemic, restrictions, strikes, and/or freight embargoes. A force majeure event shall not excuse performing duties that are unrelated to the force majeure event, including, without limitation, discharging financial obligations.

11.5 No Waiver. Any failure by either Party to detect, protest, or remedy any breach of these Standard Terms shall not constitute a waiver or impairment of any such term or condition, or the right of such Party at any time to avail itself of such remedies as it may have for any breach or breaches of such term or condition. A waiver may only occur pursuant to the prior written express permission of an authorized officer of the other Party.

11.6 Notices. All notices, communications, and deliveries under these Standard Terms (other than routine support calls) must be made in writing, signed by the Party making the same, must specify the Section under these Standard Terms pursuant to which it is given or being made (if applicable), and will be given or made to the address(s) specified as the “Address for Notices” on the signature page to these Standard Terms.

11.7 Severability. If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of these Standard Terms will continue in full force and effect.

11.8 Governing Law.
(i) These Standard Terms and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the United States of America, without regard to conflicts of laws provisions thereof.

The Parties expressly exclude all application of the United Nations Convention on the International Sale of Goods to these Standard Terms.

11.9 Entire Agreement. These License Terms constitute an addendum to a solicitation or contract, as defined in Federal Acquisition Regulation 52.212-4(s). No document, purchase order, or any handwritten or typewritten text which purports to alter or amend the printed text of these Standard Terms shall alter or amend any provision of these Standard Terms or otherwise control, unless the parties both specify in writing that such terms or conditions shall control. Additionally, the parties acknowledge that there are no contemporaneous agreements, side-letters, or oral or other arrangements that contradict, alter, or modify any of these Standard Terms. Customer acknowledges and agrees that Customer has not relied on the potential availability of any future product, functionality, or feature, or any statement or representation by CENTEGIX or its employees concerning the potential availability of any future product, functionality, or feature, in placing Orders. These Standard Terms may be modified only in a writing which expressly references these Standard Terms and is executed by both of the Parties to these Standard Terms. These Standard Terms may be executed in several counterparts, all of which taken together will constitute one single Agreement between the Parties. These Standard Terms has been accepted by CENTEGIX in Atlanta, GA.

11.10 Interpretation. The following rules of interpretation must be applied in interpreting these Standard Terms:
(a) the section and subsection headings used in these Standard Terms are for reference and convenience only, and will not enter into the interpretation of these Standard Terms, (b) all references to Sections and Exhibits are to the Sections in these Standard Terms and Exhibits to these Standard Terms, as the case may be, (c) the provisions of the Exhibits are incorporated in these Standard Terms, and (d) as used in these Standard Terms, the term “including” will always be deemed to mean “including without limitation.”

12. Definitions
The following capitalized terms are used in these Standard Terms with the meanings thereafter ascribed. “Affiliate” means any entity directly or indirectly controlling, controlled by, or under common control with Customer, 500
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where “control” means ownership of at least 50% of the equity or beneficial interests of such entity or the right to vote for or appoint a majority of the board of directors or other governing body of such entity. “Anniversary Date” means 90 days after the earlier of the PO Date (if applicable) or signed Order Acknowledgement. “Confidential Information” means all business or technical information of the Disclosing Party that is not generally known to the public and that derives value from not being generally known, whether such information is disclosed orally or in writing.

Confidential Information may include any software, documentation, flow-chart, logic diagram, design proposal, screen shot, screen shot concept, algorithm, device, compilation of information, method, technique, or process. The Service constitute Confidential Information of CENTEGIX and its licensors.
“Contractor” means an independent contractor performing services for Customer or an Affiliate. “Customer” means an Ordering Activity (an entity entitled to order under GSA Schedule contracts as defined in GSA Order OGP 4800.2I, as may be revised from time to time)
“Documentation” means the on-line information and materials, relating to the use of the Service and the Equipment made available to Customer in connection with the license of the Software. “Electronic Device” means each computer or other device into which the Software is downloaded and/or installed. “Equipment” has the meaning assigned in Section 1.2 of these Standard Terms. “Implementation” means the services performed by CENTEGIX for Software configuration, the loading of a standard set of protocols, and training.
"Initial Term” has the meaning assigned in Section 1.1 of these Standard Terms. 501
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any).
“Installation” means placement and configuration of Equipment at the Site. “Order” means the Order Acknowledgement and Customer’s Purchase Order identified in an Order Acknowledgement (if “Order Detail Attachment” means Exhibit A to the Order Acknowledgement which lists Equipment provided to Customer. “Party” means CENTEGIX or Customer, individually, and “Parties” means CENTEGIX and Customer, collectively. “Person” means any individual, general partnership, limited liability partnership, limited partnership, limited liability company, corporation, joint venture, trust, business trust, cooperative, association, or any foreign trust or foreign business organization, and the heirs, executors, administrators, legal representatives, successors, and assigns of such Person where the context so permits.
"Professional Services” has the meaning assigned in Section 3.1 of these Standard Terms. “Site” means each physical location specified by Customer prior to the commencement of Installation at which Equipment will be placed and the Service will be used.
“Special Terms” means the terms and provisions on Exhibit B to an Order Acknowledgement, if an Exhibit B initialed by CENTEGIX is attached to an Order Acknowledgement, which supplement or modify these Terms and Conditions. “Software” means the executable software used for the CENTEGIX mobile app, the CENTEGIX background Device crisis app, and the CrisisAlert Platform.
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MASTER AGREEMENT
This Master Agreement (“Agreement”), is entered into and effective as of ______________, 2022 (“Effective Date”), by and between an Ordering Activity (an entity entitled to order under GSA Schedule contracts as defined in GSA Order OGP 4800.2I, as may be revised from time to time) (“Customer”), and Evolv Technologies Holdings, Inc., D/B/A Evolv Technology, Inc, a Delaware corporation, with offices at 500 Totten Pond Road, Waltham, MA 02451 (“Evolv”). Evolv and Customer are hereinafter sometimes referred to individually as a “Party” and collectively as “Parties”.

This is a master agreement under which Customer may procure the Products and related Services from Evolv under one or more Order Documents, all as defined below.

This Agreement includes and incorporates herein all exhibits, attachments, amendments, documents and Order Documents relating to or entered into in connection with this Agreement.

The following exhibits, constitute a part of, and are incorporated into, this Agreement:

Exhibit A: Order Document
Exhibit B: Equipment Terms
Exhibit C: Software Terms
Exhibit D: Evolv Services
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. DEFINITIONS
(a) Documentation means the published manuals, operating documents, instructions and/or other processes or directions provided to Customer by Evolv regarding the use, operation, and maintenance of the Products. (b) Equipment means the hardware or personal screening products purchased or leased by Customer, as identified in the applicable Order Document, which may include Evolv Edge®, Evolv Express®, the Thermal Imaging Package, and any related accessories.
(c) Fee(s) means the fees for the purchase or lease of Equipment and subscription to the Software and Services, charged to Customer as listed in Exhibit A and identified in the applicable Order Document. (d) Implementation Date has the meaning set forth in Section 2(a). (e) Order Document means the Evolv quote, or other Evolv generated document, attached hereto as Exhibit A or, for additional future orders, a subsequent Evolv quote or other Evolv originated document, signed by Customer, evidencing subsequent transactions of the Products to Customer.
(f) Order Term has the meaning set forth in Section 8.1. (g) Products means the Equipment and Software, collectively. (h) Software means the proprietary software contained in, accompanying, or used in conjunction with the use and operation of the Equipment, which may include the Evolv physical platform, the Evolv Cortex AI™ Platform, the Evolv Insights™ Analytics platform, Evolv TempCheck, MyEvolv Portal, or any other generally available software applications identified in an Order Document, as applicable. For the avoidance of doubt, and as detailed in Exhibit C, the Software is never sold and cannot be licensed or accessed on a standalone basis. (i) Services means the support and maintenance, implementation, deployment and training services for the Products and Third Party Elements performed by Evolv or its authorized representatives, pursuant to Section 5 and Exhibit D of this Agreement. (j) Third Party Elements has the meaning set forth in Section 3 of Exhibit B.

2. FEES, PAYMENT TERMS, TAXES, SHIPPING
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(a) Fees and Payments. See GSA Schedule contract and individual order document for terms and conditions of fees and payments.
(b) NO OFFSET. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT AND TO THE EXTENT

PERMITTED BY LAW, ALL PAYMENTS AND FEES DUE UNDER THIS AGREEMENT AND ANY ORDER DOCUMENT

SHALL BE PROMPTLY PAID BY CUSTOMER IRRESPECTIVE OF AND WITHOUT ANY WITHHOLDING, SET-OFF,

COUNTERCLAIM, RECOUPMENT, DEFENSE OR OTHER RIGHT WHICH CUSTOMER MAY HAVE AGAINST EVOLV UNDER THIS OR ANY OTHER AGREEMENT. CUSTOMER ACKNOWLEDGES THAT ITS OBLIGATION TO PAY ANY AND ALL FEES ARE ABSOLUTE AND UNCONDITIONAL.
(c) Shipping. The Products will be delivered to a mutually agreed upon location. Shipping fees will be invoiced to Customer.

Unless specified in an Order Document, the Products will be delivered FCA Westborough, MA (Incoterms 2020).

3. CUSTOMER REPRESENTATIONS AND WARRANTIES
Customer represents and warrants as follows:
(a) Customer has the full power, authority, and legal right to execute, deliver, and perform the terms of this Agreement. (b) This Agreement has been duly executed and delivered and constitutes a legal, valid, and binding obligation of Customer, enforceable in accordance with its terms.
(c) The Products will be used in accordance with the Documentation and only in the ordinary course of Customers business by competent, qualified, trained and Customer authorized agents or employees. (d) The Products will be used only at the Customer location(s) that are controlled by Customer and that are agreed upon by the Parties in writing and Customer will not remove the Products from such locations without the prior written consent of Evolv. (e) Customer agrees to comply with all laws, rules, and regulations applicable to the use, operation, and maintenance of the Products.

4. EVOLV REPRESENTATIONS AND WARRANTIES
Evolv represents and warrants as follows:
(a) Evolv has full power, authority, and legal right to execute, deliver, and perform the terms of this Agreement. (b) This Agreement has been duly executed and delivered and constitutes a legal, valid, and binding obligation of Evolv, enforceable in accordance with its terms.
(c) Evolv will provide the Services in a competent and professional manner in accordance with generally accepted industry standards applicable to said Services.
(d) The Products (i) will be free from material defects in manufacture and (ii) provided they are deployed by Evolv or its authorized representatives in accordance with the Documentation, will substantially conform to the current published Documentation for one (1) year from the applicable Products’ initial Implementation Date (the “Product Warranty”). Customer’s sole and exclusive remedy, and Evolv’s sole liability, for breach of any of the warranties in this Section 4(d) shall be for Evolv to perform maintenance and repair services as set forth in Section 5(c). The Product Warranty will not apply to any Products which Customer, or Customer’s agents, contractors or other Customer third-parties that interact with the Products, has (i) failed to use in accordance with the Documentation; (ii) altered, except in accordance with Evolv’s written instructions; (iii) used in conjunction with another vendor’s products resulting in the need for maintenance (except for uses authorized by Evolv in writing); (iv) damaged due to improper environment, which includes, but is not limited to, use of an improper power source or use of an indoor Product (as specified in the Order Document) in an outdoor environment; or (v) damaged by negligence, accident, abuse or misuse, which includes, but is not limited to, nonuse of a required accessory (e.g., use of an external wheel accessory for Product movement) as detailed in the Documentation.
(e) Third Party Elements will be free of defects in material and workmanship for a period of one (1) year from their Implementation Date.
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(f) EXCEPT AS SET FORTH IN THIS SECTION 4, EVOLV MAKES NO, AND DISCLAIMS ALL,

REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY, AND IMPLIED,

INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT,

AND FITNESS FOR A PARTICULAR PURPOSE OR ARISING OUT OF CUSTOM, DEALING, TRADE OR USAGE. NO STATEMENT BY EVOLV’S EMPLOYEES, AGENTS OR REPRESENTATIVES SHALL BE

DEEMED TO BE A WARRANTY BY EVOLV FOR ANY PURPOSE OR TO GIVE RISE TO ANY LIABILITY ON THE PART OF EVOLV UNLESS SPECIFICALLY CONTAINED IN THIS AGREEMENT. EXCEPT AS STATED IN THIS SECTION 4, EVOLV DOES NOT REPRESENT OR WARRANT THAT THE PRODUCTS WILL

ELIMINATE OR PREVENT OCCURRENCES OF THE EVENTS OR THREATS THEY ARE INTENDED TO

DETECT OR AVERT (INCLUDING, BUT NOT LIMITED TO, MEDICAL DIAGNOSIS, TORTS, WEAPONS OR

EXPLOSIVES DETECTION OR OTHER CRIMINAL OR TERRORIST ACTIVITIES (COLLECTIVELY, “INCIDENTS”)), FUNCTION FOR ITS INTENDED PURPOSE, MEET CUSTOMER’S NEEDS, PREVENT ANY

ACTS OR INCIDENTS FROM OCCURRING OR CAUSING HARM OR DAMAGE (INCLUDING, BUT NOT LIMITED TO, CUSTOMER’S PREMISES, CUSTOMER’S EMPLOYEES OR CUSTOMER’S GUESTS, VISITORS

OR OTHER THIRD PARTIES), OPERATE UNINTERRUPTED OR ERROR FREE, THAT THE SOFTWARE WILL BE FREE FROM ERRORS OR DEFECTS, OR THAT ANY ERRORS WILL BE CORRECTED. EVOLV MAKES

NO GUARANTY OR WARRANTY THAT THE PRODUCTS WILL DETECT, MITIGATE, ELIMINATE, PREVENT OR AVERT INCIDENTS OR THEIR CONSEQUENCES.

WITH RESPECT TO THE THERMAL IMAGING PACKAGE, EVOLV FURTHER MAKES NO

REPRESENTATIONS REGARDING THE PERFORMANCE OR ACCURACY OF SUCH PRODUCT RELATING

TO ITS ABILITY OR CAPABILITY TO DETECT PERSONS HAVING ANY MEDICAL CONDITION OR TO

MAKE ANY MEDICAL ASSESSMENT OR DIAGNOSIS, INCLUDING, WITHOUT LIMITATION, FEVER, VIRUS (INCLUDING COVID-19), INFECTION, DISEASE, ILLNESS OR OTHER DISORDER (COLLECTIVELY, “MEDICAL CONDITION”), AND EVOLV HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF

MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, INCLUDING, WITHOUT

LIMITATION, THE ABILITY TO DETECT, IDENTIFY OR DIAGNOSE PERSONS HAVING ANY MEDICAL CONDITION. THE THERMAL IMAGING PACKAGE IS DESIGNED TO MEASURE SURFACE TEMPERATURE OF OBJECTS THROUGH THE CAPTURE OF EMITTED ENERGY. TEMPERATURE READINGS MAY VARY

BASED ON MULTIPLE FACTORS, INCLUDING, WITHOUT LIMITATION, AMBIENT TEMPERATURE,

MOISTURE, DISTANCE OF THE TARGET OBJECT FROM THE PRODUCT, THE SURFACE TEXTURE OF THE TARGETED OBJECT, AND THE INSTALLATION AND USE OF THE PRODUCT. RESULTS FROM OR

USE OF THE PRODUCT SHOULD NOT BE RELIED UPON TO MAKE A MEDICAL DIAGNOSIS OR FOR PURPOSES OF IDENTIFYING ANYONE HAVING (OR NOT HAVING) A MEDICAL CONDITION.

THIS AGREEMENT DOES NOT LIMIT OR DISCLAIM ANY OF THE WARRANTIES SPECIFIED IN THE GSA SCHEDULE CONTRACT UNDER FAR 52.212-4(O). IN THE EVENT OF A BREACH OF WARRANTY, THE U.S.

GOVERNMENT RESERVES ALL RIGHTS AND REMEDIES UNDER THE CONTRACT, THE FEDERAL ACQUISITION REGULATIONS, AND THE CONTRACT DISPUTES ACT, 41 U.S.C. 7101-7109.

5. SERVICES; CUSTOMER MAINTENANCE OBLIGATIONS; LIMITATIONS (a) Services. The Services for the Products begin on the Implementation Date. A full description of the Services is set forth in Exhibit D.
(b) Customer Maintenance Obligations. Customer will comply with all Documentation provided to Customer by Evolv.

Customer shall keep the Products in good working order and will immediately notify Evolv, pursuant to Exhibit D, in the event the Products require maintenance or repair. Customer is responsible for normal daily maintenance of the Products in connection with its ordinary course use (such as cleaning, proper location, proper environment, and causing the provision of proper electrical requirements) in accordance with the Documentation and will keep sufficient records to demonstrate that Customer has performed such maintenance. Customer shall not permit any third party, except Evolv authorized agents, to maintain or repair the Products. (c) Evolv Maintenance Obligations. Except as set forth in Section 5(b) and 5(d), Evolv shall be responsible for providing the Services during the Order Term, and Customer shall permit Evolv to have access to the Products at the Customer’s location to 505
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provide such Services, as needed. If the Products experience a breakdown due to breach of an express warranty in Section 4(d), and such breakdown cannot be addressed through the Services, Evolv shall at its option and expense repair or replace the non-conforming Products.
(d) Notwithstanding the foregoing, Customer is solely responsible for all loss, theft, destruction of or damage to the Products, and any related repairs and maintenance except to the extent that it is due to a breach of an express warranty in Section 4 or Evolv’s negligent acts or omissions. In such event, Customer shall promptly notify Evolv and pay Evolv for all costs, damages, and expenses arising therefrom, including without limitation, at Evolv’s sole option, either (i) reimbursing Evolv for the repair costs to return the Products to pre-rental condition, or (ii) paying Evolv for the value of the Products based on the remaining useful life of the Products, as calculated by Evolv in accordance with its standard accounting practices. Loss, damage, or theft of the Products shall not under any circumstances relieve Customer of the obligation to pay the Fees to Evolv or any other obligation under the Agreement. (e) Limitations. Evolv reserves the right to file a claim in accordance with FAR 52.233-1 if: (i) Customer has failed to use the Products in accordance with the Documentation or other procedures that Evolv has made available to Customer or generally makes available to purchasers; (ii) the Products have been altered or repaired, except by Evolv or in accordance with Evolv’s written instructions; (iii) the Products have been used in conjunction with another Customer’s or vendor’s products resulting in the need for maintenance (except for such Evolv authorized uses, evidenced in writing); (iv) the Products have been damaged by improper environment, improper location, an improper power source, lack of reasonable care, lack of use of needed accessories (e.g., external wheel attachment to move an outdoor unit), abuse, misuse, accident or negligence; (v) an indoor Product or specific indoor Product component, as specified in the Order Document or applicable Documentation, is used in an improper environment including, but not limited to, being used outdoors; (vi) Evolv is not granted prompt reasonable access to the Product location upon arrival to perform any Services; or (vii) Customer has not promptly notified Evolv of any maintenance or repair issues and the need for related Services and such maintenance or repair could have been avoided by Customer promptly notifying Evolv.

6. CONFIDENTIALITY
(a) The Parties agree not to permit access to or disclose the other Party’s Confidential Information to any person or entity, except to its authorized employees, agents and contractors who are bound by confidentiality agreements with terms no less restrictive than those of this Section 6 and who need to use or have access to the other Party’s Confidential Information in order to perform this Agreement, and neither Party may use the other Party’s Confidential Information for any purpose other than to perform this Agreement. A receiving Party shall use at least the same degree of care in protecting the other Party’s Confidential Information as such Party generally exercises in protecting its own proprietary and confidential information and shall inform its employees and agents having access to the Confidential Information of its confidential nature. In no event shall a Party use less than a reasonable degree of care in protecting the other Party’s Confidential Information. “Confidential Information” includes, without limitation, all information relating to the disclosing Party’s business plans, technologies, research marketing plans, customers, technology, employee and organizational information, product designs, product plans and financial information, which, when provided by one Party to the other in connection with this Agreement: a) are clearly identified as “Confidential” or “Proprietary” or are marked with a similar legend; b) are disclosed orally or visually, identified as Confidential Information at the time of disclosure and confirmed as Confidential Information in writing within 30 days of disclosure; or c) a reasonable person would understand to be confidential or proprietary at the time of disclosure. Documentation, Order Documents, pricing, discounting, and the terms of this Agreement constitute Evolv’s Confidential Information. Notwithstanding the foregoing, the receiving Party shall have no obligation of confidentiality with respect to any information of the disclosing Party which the receiving Party can demonstrate by competent evidence: (a) is already known to the receiving Party at the time of disclosure; (b) is or subsequently becomes publicly available through no wrongful act of the receiving Party; (c) is rightfully disclosed or provided to the receiving Party by a third party without restriction; or (d) is developed independently by the receiving Party without use of or access to the disclosing Party’s Confidential Information as shown by the receiving party’s business records kept in the ordinary course. (b) In addition to the foregoing disclosure exceptions, the receiving Party may disclose the other Party’s Confidential Information to the extent required by law or court order, provided that the receiving party provides the disclosing Party reasonable advanced notice of its intended disclosure to the extent permissible under applicable law, and reasonably cooperates with the disclosing party, at its request or expense, to limit or oppose the disclosure. (c) Data. Customer acknowledges and agrees that Evolv may collect technical, performance and operational data on Customer’s use of the Product or in connection with Evolv’s providing of Services and is permitted to use such data to fulfill its obligations under this Agreement and for Evolv’s internal business purposes. The internal business purposes may include, but are not limited to, (i) improving the performance, features, and capabilities of the Products; (ii) facilitating the provision of updates, support, and other services to the Products; and (iii) creating, developing, operating, delivering, and improving the Products. Evolv may also use such technical, performance and operational data in an aggregated and/or anonymized format. 506
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7. INDEMNIFICATION AND LIMITATION OF LIABILITY

7.1 Indemnification
(a) Evolv shall indemnify, defend and hold Customer harmless from and against all Losses caused by a Claim alleging that Customer’s authorized use of the Products infringes any U.S. patent, or other proprietary right of such third party. Evolv may, at its option and expense, (i) replace the Products with compatible non-infringing Products; (ii) modify the Products so that they are noninfringing; (iii) procure the right for Customer to continue using the Products; or (iv) if the foregoing options are not reasonably available, terminate the applicable Order Document and refund Customer the unused portion of the Fees paid in respect of the applicable Products, prorated to cover the period from the date Customer was unable to use the Products due to such Claim through the end of then-current applicable Order Term. Nothing contained herein shall be construed in derogation of the U.S. Department of Justice’s right to defend any claim or action brought against the U.S., pursuant to its jurisdictional statute 28 U.S.C. §516. (b) Evolv shall have no obligation to Customer with respect to any Claim if such Claim existed prior to the Effective Date or such Claim is based upon (i) Customer’s use of the Products in a manner not expressly authorized by this Agreement or Documentation, (ii) the combination, operation, or use of the Products with third party material, if Customer’s liability would have been avoided in the absence of such combination, use, or operation, or (iii) modifications to the Products other than as authorized in writing by Evolv.
(c) The foregoing indemnification obligations will be dependent on the indemnified party: (i) providing the indemnifying party with prompt written notice of a Claim; (ii) permitting the indemnifying party to control the defense and settlement of the Claim; (iii) providing the indemnifying party with reasonable information and assistance for the defense or settlement of the action; and (iv) using all commercially reasonable efforts to mitigate any loss, damage or costs related to the Claim. The indemnifying party will not enter into any settlement or compromise of any Claim (unless such settlement or compromise: (i) is full and final with respect to the Claim; (ii) does not obligate the indemnified party to act or to refrain from acting in any way; (iii) does not contain an admission of liability on the part of the indemnified party; (iv) dismisses the Claim with prejudice; and (v) is subject to confidentiality, such that no party may disclose the terms of the settlement or compromise without the indemnified party's prior written consent) without the indemnified party’s prior written approval.
(d) TO THE EXTENT PERMITTED BY LAW, THIS SECTION 7.1 STATES THE ENTIRE LIABILITY OF EVOLV WITH

RESPECT TO THE INFRINGEMENT OF ANY COPYRIGHTS, PATENTS, OR OTHER INTELLECTUAL PROPERTY RIGHTS RELATED TO THE PRODUCTS OR ITS USE.

7.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUSTOMER AGREES THAT EVOLV SHALL NOT BE

LIABLE FOR SPECIFIC PERFORMANCE OR FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR

SPECIAL DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM OR CAUSED

BY THE LOSS OF USE OF THE PRODUCTS, LOSS OF PROFITS, LOSS OF DATA OR USE OF DATA, INTERRUPTION OF BUSINESS, INCIDENTS (AS DEFINED IN SECTION 4(F)), OR LOST REVENUES, EVEN IF EVOLV IS AWARE OF THE POSSIBILITY OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVOLV’S TOTAL AGGREGATE

LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER IN CONTRACT, TORT, OR UNDER ANY

OTHER THEORY OF LIABILITY, SHALL NOT EXCEED THE TOTAL FEES PAID BY CUSTOMER TO EVOLV UNDER

THE ORDER FORM UNDER WHICH LIABILITY AROSE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE CAUSE OF ACTION.

CUSTOMER ACKNOWLEDGES AND AGREES THAT NEITHER EVOLV OR ITS PRODUCTS CAN ELIMINATE,

PREVENT, OR MITIGATE, IN WHOLE OR IN PART, THE OCCURRENCES OF THE EVENTS OR THREATS THAT THE

PRODUCTS ARE INTENDED TO DETECT (INCLUDING, BUT NOT LIMITED TO, INCIDENTS AS DEFINED IN SECTION 4(F)) AND THAT EVOLV, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL NOT BE HELD LIABLE

FOR ANY SUCH FAILURE (WHICH MAY INCLUDE WITHOUT LIMITATION, FAILURE TO DETECT THREATS, WHETHER DUE TO PRODUCT FAILURE, HUMAN ERROR, CUSTOMER’S OPERATING ENVIRONMENT, OR EXTERNAL FORCES OUTSIDE EVOLV’S CONTROL) OR FOR NON-PRODUCTIVE TIME OR PRODUCT DOWN TIME FOR ANY REASON, OR FOR ACTS BY THIRD PARTIES THAT CAUSE HARM OR DAMAGE. CUSTOMER SHALL BE

SOLELY RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ITS PERSONNEL, CONTRACTORS, AND AGENTS, INCLUDING THOSE RESPONSIBLE FOR OPERATING THE PRODUCTS AND FOR THE SECURITY OF CUSTOMER’S PREMISES, PERSONNEL, AND VISITORS.
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THIS AGREEMENT SHALL NOT IMPAIR THE U.S. GOVERNMENT’S RIGHT TO RECOVER FOR FRAUD OR

CRIMES ARISING OUT OF OR RELATED TO THIS CONTRACT UNDER ANY FEDERAL FRAUD STATUTE, INCLUDING THE FALSE CLAIMS ACT, 31 U.S.C. 3729-3733. FURTHERMORE, THIS CLAUSE SHALL NOT IMPAIR NOR PREJUDICE THE U.S. GOVERNMENT’S RIGHT TO EXPRESS REMEDIES PROVIDED IN THE GSA SCHEDULE CONTRACT (E.G., CLAUSE 552.238-81 – PRICE REDUCTIONS, CLAUSE 52.212-4(H) – PATENT INDEMNIFICATION, AND GSAR 552.215- 72 – PRICE ADJUSTMENT – FAILURE TO PROVIDE ACCURATE INFORMATION).

8. TERM AND TERMINATION

8.1 Term
The term of this Agreement shall be for the period commencing on the Effective Date and end upon the four (4) year anniversary of the Effective Date or expiry of the last remaining Order Term, whichever is later (the “Initial Term”), unless earlier terminated in accordance with Section 8.2. The “Order Term” shall mean, for any given Order Document, either (i) the Hardware-Lease Term (as defined in Section 1(b)(i) of Exhibit B) and the Software-Subscription Term (as defined in Section 2(a) of Exhibit C), if Customer is leasing the Equipment, or (ii) the Software-Subscription Term, if Customer is purchasing the Equipment.

8.2 Termination
Termination of Federal contracts will be in accordance with FAR 52.212-4(l), FAR 52.212-4(m), and GSAR 552.238-79.

9. MISCELLANEOUS

9.1 Notices and Invoices. Any notice required by this Agreement shall be sent (a) overnight mail or 3 days after being sent by certified mail, postage prepaid, to the Party’s address set forth in the first paragraph of this Agreement or (b) when sent by confirmed electronic mail if sent during normal business hours, and if not so confirmed, then on the next business day. All invoices may also be submitted to the appropriate Customer email contact at [_____________]. All invoices and notices will be deemed given when sent to Customer. Either Party may, from time to time, upon reasonable, confirmed written notice as set forth in this Section 9.1, specify a different address for receipt of notices or invoices.

Governing Law. This Agreement is governed by and shall be interpreted and construed in accordance with the laws of the United States of America without regard to conflict of laws principles.

9.2 Waiver. If one Party fails to enforce a provision of this Agreement, it shall not be precluded from enforcing the same provision at another time. All rights and remedies, whether conferred hereunder, or by any other instrument or law, unless otherwise expressly stated herein, are cumulative.

9.3 Binding Agreement; No Assignment. This Agreement will be binding upon and enforceable only by the Parties, their respective successors, and permitted assigns. Customer may not assign or transfer any interest in or obligation under this Agreement without the prior written consent of Evolv and any attempt at assignment or transfer without such consent shall be void and of no force or effect. Such consent from Evolv shall not be unreasonably withheld, but shall, at a minimum, be subject to any potential assignee’s or transferee’s written agreement to honor the terms of this Agreement.

9.4 Entire Agreement. This Agreement constitutes an addendum to a solicitation or contract, as defined in Federal Acquisition Regulation 52.212-4(s) This Agreement may only be changed in a writing signed by authorized representatives of each Party. In the event of any inconsistencies or conflict between this Agreement and any other documents, the conflict shall be resolved in accordance with FAR 52.212-4(s).

9.5 Independence of Evolv. The status of Evolv and its personnel is and will be that of independent contractors and will not, at any time or for any purpose, be deemed employees or agents of Customer.

9.6 Invalidity; Unenforceability. If any provision of this Agreement shall be declared invalid or unenforceable under applicable law or by a court decision, such invalidity or unenforceability shall not invalidate or render this Agreement unenforceable, but rather this Agreement shall be construed as if not containing the invalid or unenforceable provision. However, if such provision is an essential element of this Agreement, the Parties shall promptly attempt to negotiate a substitute therefor that preserves, to the fullest extent possible, the respective rights and obligations imposed on each Party under this Agreement as originally executed. 508
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9.7 Survival. In addition to those provisions which by their nature are intended to survive any termination or expiration of this Agreement, Exhibits or any license granted hereunder, Sections 2(a) (Payment), 6 (Confidentiality), 7 (Indemnification and Limitation of Liability) of this Agreement, Sections 1(a) (Equipment Lease), 1(c) (Ownership) and 2(b)(Ownership) of Exhibit B, and Sections 1 (License) and 3 (Ownership) of Exhibit C shall specifically survive such termination or expiration.

SIGNATURE PAGE FOLLOWS
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IN WITNESS WHEREOF, the Parties’ authorized representatives have executed this Agreement as of the Effective Date.

EVOLV TECHNOLOGIES HOLDINGS, INC. CONTRACTING OFFICER
By: By:

Name: Name:

Title: Title:

Date: Date:
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EXHIBIT A

ORDER DOCUMENT
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Exhibit B
Equipment Terms
The terms in this Exhibit B only apply to the lease or purchase of the Equipment, as identified in the applicable Order Document.

1. Equipment Lease. If, pursuant to the applicable Order Document, Customer is leasing the Equipment, then the terms and conditions of this Section 1 will be incorporated into this Agreement. For clarity, the terms of this Section 1 shall not apply to any purchase of the Equipment.
a. Lease
i. Subject to the terms and conditions of this Agreement (including the payment of all Fees by Customer to Evolv) and Documentation, during the Order Term Evolv agrees to lease the Equipment to Customer and Customer agrees to lease the Equipment from Evolv. Customer may only use the Equipment solely for its own internal business purposes and in accordance with the Documentation. Customer will have the option to finance the lease of the Equipment at the Fees listed in Exhibit A. The Fees Customer will owe to Evolv are listed in Exhibit A. b. Term.
i. The term for the Equipment will begin on the Implementation Date and continue for a period of forty-eight (48) months (“Equipment-Lease Term”).
c. Ownership
i. As between Customer and Evolv, Evolv is the sole owner of the Equipment and any associated Documentation, including all enhancements, updates, modifications, corrections, derivatives, integrations related thereto and all intellectual property rights relating therein. This Agreement imparts no right, title, or ownership interest in the Equipment to Customer except for the limited right to use the Equipment for the Order Term as expressly set forth in this Agreement. Customer will keep the Equipment free and clear of any and all liens, charges, and encumbrances with respect to Customer’s leasing, possession, use, or operation of the Equipment and will not sell, assign, sublease, transfer, grant a security interest in, or otherwise make any disposition of any interest in any Equipment. Evolv may display notice of its ownership of the Equipment by affixing an identifying stencil, legend, plate, sticker, or any other indicia of ownership, which may be updated by Evolv from time to time, and Customer will not alter, obscure, or remove such identification. The Equipment is protected by U.S. copyright, trade secret and other laws and international treaty provisions, and Evolv reserves all rights. ii. Prior to a Renewal Term, Customer shall have the option to either (i) continue making annual lease payments for the applicable Renewal Term, in which case the above Ownership provision shall continue to apply, or (ii) purchase the Equipment at an additional fee, which shall be detailed in an applicable invoice (the “Buy-Out Option”). If Customer wishes to exercise the BuyOut Option, Customer shall send written notice to Evolv and Evolv shall generate and send an appropriate invoice to Customer detailing the additional fee required to buy-out the Equipment (the “Buy-Out Fee”). Within thirty (30) days of Evolv receiving the Buy-Out Fee from Customer, Evolv will convey and transfer to Customer all rights, title, and interest in and unto the Equipment (excluding all intellectual property rights relating thereto or embodied therein, which shall be retained by Evolv) as shall be evidenced by appropriate documentation.
d. Termination Rights and Effect of Termination
i. In the event of termination pursuant to Section 8.2 of the Agreement, Evolv may take one or more of the following actions: (i) declare all unpaid, undisputed Fees under the Agreement immediately due and payable; (ii) require Customer to immediately return all Equipment to Evolv; (iii) take immediate possession of and remove the Equipment from Customer’s premises; or (iv) exercise any right or remedy which may be available to Evolv under this Agreement, Order Document(s), equity or law, including the right to recover damages for breach of the Agreement. No express or implied waiver of any default shall constitute a waiver of any of Evolv’s other rights.
ii. Upon the expiration or termination of this Agreement or the applicable Order Document and Order Term, Customer will return the Equipment, at its cost and expense, to Evolv in as good condition as when delivered to Customer hereunder, ordinary wear and tear excepted. Customer will properly pack and ship the Equipment to Evolv at its facility and provide Evolv with proof of shipment within ten (10) business days after the expiration of the Order Term. If the Customer has not provided Evolv with proof 512
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that the Equipment has been shipped, or Evolv has not actually received the Equipment, within such ten (10) day period, Evolv will invoice Customer for the value of the retained Equipment based on the remaining useful life of the Equipment. After receipt of the returned Equipment, Evolv will evaluate the condition of the returned Products and invoice Customer for all repairs Evolv deems necessary and attributable to Customer to return the Equipment to pre-lease condition excluding normal wear and tear.

This Section does not limit the provisions of Section 5(d) of the Agreement with respect to loss, theft, destruction or damage of or to Products.

2. Equipment Purchase: If, pursuant to the applicable Order Document, Customer is purchasing the Equipment, then the terms and conditions of this Section 2 will be incorporated into this Agreement. For clarity, the terms of this Section 2 shall not apply to any lease of the Equipment.
a. Purchase
i. Subject to the terms and conditions of this Agreement, including payment of all Fees by Customer to Evolv, and the Documentation, Evolv agrees to sell the Equipment to Customer and Customer agrees to purchase the Equipment from Evolv.

The purchase price of the Equipment is listed in Exhibit A and the Fees Customer will owe to Evolv is listed in Exhibit A. b. Ownership
i. Subject to the terms and conditions of the Agreement, including the payment of all Fees by Customer to Evolv, Evolv conveys and transfers to Customer all rights, title, and interest in and unto the Equipment, excluding all intellectual property rights relating thereto or embodied therein, which shall be retained by Evolv. Such rights, title and liability for loss or damages shall transfer to Customer in accordance with the shipping terms stated in Section 2(d) of the Agreement. Customer shall promptly notify Evolv of any accident, harm or injury allegedly resulting from the use or operation of a Product, or any claim relating thereto. c. Termination Rights and Effect of Termination
i. In the event of termination pursuant to Section 8.2 of the Agreement, Evolv may take one or more of the following actions: (i) declare all unpaid, undisputed fees under the Agreement immediately due and payable; (ii) require Customer to immediately return all Equipment to Evolv if the Equipment purchase fee has not been paid in full, or (iii) exercise any right or remedy which may be available to Evolv under this Agreement, Order Document(s), equity or law, including the right to recover damages for breach of the Agreement. No express or implied waiver of any default shall constitute a waiver of any of Evolv’s other rights.

3. Thermal Imaging Package. To the extent that Customer is also subscribing to the Thermal Imaging Package option, the below terms and conditions will apply and be incorporated into this Agreement. i. Customer acknowledges that the Thermal Imaging Package contains third party elements, including hardware or software. Such hardware or software may be used with the Products in accordance with the applicable Documentation (“Third Party Elements”). Usage of such Third Party Elements may be governed by an end user license agreement and the license established by the publishers of such Third Party Elements. Such license terms may be obtained from such publishers or may be provided alongside the Products upon request. Customer undertakes to comply with any such applicable license terms. Customer shall not alter, remove or destroy any copyright, trademark, or other proprietary rights notice that appear on the Third Party Elements. ii. Unless otherwise specified in an Order Document, the term for the thermal imaging package, will begin on the Implementation Date and continue for a period of twenty-four (24) months. 513
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Exhibit C
Software Terms
The terms in this Exhibit C apply to the Software contained in, accompanying, or used in conjunction with the use and operation of the Equipment, as defined in Section 1(h) of the Agreement.

1. Software License
a. Subject to the terms and conditions of this Agreement, including the payment of all Fees by Customer to Evolv as and when they become due, during the Order Term, Customer is granted the non-exclusive and non-transferable right and license to access and use the Software (including the proprietary Evolv Cortex AI platform, as applicable) solely for the purpose of operating the Products. This license includes the provision of the Services, as detailed in Exhibit D, ongoing upgrades and updates to the Software, delivered via secure cloud infrastructure as applicable, screening analytics, and a user interface for operator interaction. b. Any additional Services to be provided by Evolv for shipping, implementation, support, and training in relation to the Products, not included in Exhibit D, will be specified in the applicable Order Document or by mutual written agreement of the Parties, subject to any additional fees. The Parties agree that (i) this license grant of access and use is not a sale of Software and (notwithstanding use of words such as “sale,” “sell” or “purchase” in this Agreement or applicable Order Document), no rights to any software, services or intellectual property rights are sold and rights are solely licensed, as the case may be, and (ii) the Software cannot be licensed, accessed or used on a standalone basis.

2. Software License Term
a. The license term will begin on the Implementation Date and continue for a period of forty-eight (48) months (“SoftwareSubscription Term”).

3. Ownership
a. As between Customer and Evolv, Evolv is the sole owner of the Software and any associated Documentation. This Agreement imparts no right, title, or ownership interest in the Software to Customer except for the limited right to use the Products for the Order Term as expressly set forth in this Agreement. The Software is protected by U.S. copyright, trade secret and other laws and international treaty provisions, and Evolv reserves all rights. b. The Software is not sold and is licensed solely for use with or as part of the Products as per the license detailed in Section 1 of this Exhibit. With respect to such Software, Evolv retains all right, title and ownership interest therein (including all enhancements, updates, modifications, corrections, derivatives, integrations related thereto and all intellectual property rights relating therein) and Customer shall not: (i) decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, user interface techniques or algorithms of the Software or disclose any of the foregoing; (ii) encumber, transfer, manufacture, distribute, sell, sublicense, assign, provide, lease, lend, use for timesharing or service bureau purposes, or otherwise use (except as expressly provided herein) the Software; (iii) copy, modify, adapt, translate, incorporate into or with other software or service, or create a derivative work of any part of the Software; or (iv) attempt to circumvent any user limits, timing or use restrictions that are built into the Software.

4. Termination Rights and Effect of Termination
a. In the event of termination pursuant to Section 8.2 of the Agreement, Evolv may take one or more of the following actions: (i) declare all unpaid, undisputed fees under the Agreement immediately due and payable; (ii) immediately terminate Customer’s access to and use of the Software, or (iii) exercise any right or remedy which may be available to Evolv under this Agreement, equity or law, including the right to recover damages for breach of the Agreement. No express or implied waiver of any default shall constitute a waiver of any of Evolv’s other rights. b. Upon the expiration or termination of this Agreement or the applicable Order Document and Order Term, the Software license and Services will end, and Customer will lose access to and lose use of the Software and Services. 514
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Exhibit D
Evolv Services
During the Order Term, Evolv will provide the Services described in this Exhibit D to Customer.

1. Definitions
(a) Authorized Representative means the third-party representative that Evolv has contracted to perform the Services subject to the terms of this Agreement.
(b) Issue(s) means any confirmed failure of the Product(s) which results in the Product not performing in accordance with the applicable Documentation.
(c) Named Contact means the administrator and backup administrator that serves as Evolv’s primary contact for Services. Customer is required to appoint at least one main administrator.
(d) Response Time means the maximum period which may elapse between the time Evolv is notified of an Issue and the time at which Evolv starts to address the Issue.
(e) Severity Level means the classification system for all Issues as defined in Section 5 below. (f) Updates means all subsequent general public releases of the Software, excluding any value-added Product features, functionalities, or capabilities that Evolv develops or creates and offers to existing and potential customers as additional subscription or purchasable add-ons to the Products or Services.

2. Services. During the Order Term, as part of the Fees, Evolv will provide the following Services:
• Implementation of the Product(s).
• Beginning on the Implementation Date, access to a progressive tiered customer support model on a 24x7x365 basis (including holidays).
• On-site dispatch of an Evolv employee or Authorized Representative and/or delivery of replacements parts to Customer as necessary to address an Issue.
• A periodic health check to assess the status of the Product(s), perform recalibration, preventative maintenance services, and implement equipment or software Updates.
• Updates to the Software.
• Documentation and Documentation updates.
• Training.

3. Implementation.
(a) Implementation includes an Evolv employee or Authorized Representative (i) installing the Product(s) in the pre-agreed area, (ii) powering on and testing the Product(s) for documented functionality, and (iii) training of the Product operators. The Evolv representative shall conduct a thorough test, pursuant to Evolv’s established implementation procedures, of the Product(s) using an operational test kit (OTK) to determine that the Product(s) is operating in accordance with the Documentation. (b) Unless the Parties mutually agree otherwise, implementation services will be available Monday through Friday 8:00 a.m. – 6:00 p.m. local time, excluding regularly observed holidays. Evolv will provide Customer with advance notice of any items needed for implementation.
(c) At least two-weeks prior to the Implementation Date, Customer will identify to Evolv, or its Authorized Representative, any special access or security requirements for performance of on-site Services. (d) Customer will (a) provide a safe and adequate work environment, including sufficient space for the delivery of Services, (b) ensure that the Product(s) and all items necessary for implementation are available and located in the immediate area where implementation is planned, (c) ensure the Product(s) are easily accessible without the need to move furniture and supplying hand carts, if needed, and (d) be responsible for removal of any trash and packing material associated with the Product(s).

4. Support Administration.
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(a) Evolv provides 24x7x365 access to its support service organization by phone or e-mail:
• E-mail: [email protected]
• Telephone Support: +1 (833) 673-8658
(b) Customer shall promptly notify Evolv following the discovery of an Issue. Customer shall assist Evolv in troubleshooting the reported Issue by (a) appointing and training the Named Contact(s), (b) unless an Issue prevents otherwise, have the system on and operational, and (c) providing all information reasonably requested by Evolv that may be necessary to deliver remote Services. (c) The Named Contact(s) will be trained by Evolv to provide first-line support to its internal users. Such training will include how to gather relevant system information including serial number and data logs to enable troubleshooting to commence; review of administrator features on the tablet; how to access the MyEvolv Portal; how to outreach to Evolv for technical support; and any other items to enable the Named Contact to run an initial troubleshooting of the Issue prior to reaching out to Evolv per section 4(a), if they have not already done so.
(d) Evolv will acknowledge a call by logging a case, communicating the case ID to the Customer, and assigning a Severity Level commencement of remedial action.

5. Service Levels
(a) Evolv will assign each Issue a severity level, based on the following criteria:
• Severity 1 (Critical) – An Equipment or Software error causing a complete breakdown of the Product, resulting in serious disruption/halt to Customer’s security screening process for which no reasonable and satisfactory work-around can promptly be put in place.
• Severity 2 (Medium) – Equipment or Software error causing disruption to Customer’s security screening process for which a reasonable and satisfactory work-around can be put in place. • Severity 3 (Low) – General usage questions or cosmetic issues (e.g., programming or configuration related questions, questions relating to functionality, operability, or cosmetic problems). (b) Once Evolv has acknowledged the receipt of a service call and assigned a Severity Level, Evolv will work to isolate, remotely troubleshoot, remedy, and work to resolve the Issue. If Evolv is unable to perform remote diagnostics within the remote response times below, an Evolv representative, or Authorized Representative, may be deployed to perform onsite technical support per the on-site response times below.
(c) Evolv will respond to the reported Issue(s) within the following response periods:

Severity Level Remote Response Times On-Site Response Times Severity 1 < 30 Minutes < 24 Hours
Severity 2 < 1 Hour < 48 Hours
Severity 3 < 4 Business Hours < 5 Business Days
(d) Services included with the Product(s) covers troubleshooting, labor, travel replacement of components and/or defective parts, and repair. Services shall not include software maintenance, training, preventive maintenance or any hardware maintenance, servicing, repair, or replacement of parts that are required as a result of (a) the limitations set forth in Section 5(e) of the Agreement or (b) which Evolv, acting reasonably, determines was caused by damage, misuse, or theft of the Products by Customer or third parties, and may be billed to Customer at standard Evolv time and material rates. Evolv may, in its sole discretion, elect to replace such Product(s) in lieu of repairing them.
(e) The above support is not applicable to any purchased accessories or Third-Party Elements (defined in Section 6(a) of Exhibit B), which are covered by a one (1) year limited warranty where Evolv will replace any defective parts.

6. Preventative Maintenance
(a) An Evolv representative, or Authorized Representative, will visit the Customer site at regularly scheduled intervals on mutually agreed upon dates and times. During the visit the representative will verify proper operation of the Product(s) and perform diagnostics, collect system logs, address mechanical complaints, and/or clean or replace worn or defective parts or components.

Preventative maintenance will occur annually for indoor Equipment and bi-annually for Equipment that was sold for partial or 516
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primary outdoor usage. Preventative maintenance services will be delivered between 8:00 a.m. – 6:00 p.m. local time, Monday through Friday excluding regularly observed holidays.

7. Software Updates
(a) During the Order Term, Evolv may provide Updates to the Software, if and when available, and such Updates are included as part of the subscription. In order to be eligible for the Services, Customer is required to be on a currently supported version of the Software. Evolv will provide Customer with reasonable prior notice of an Update, communicate any changes caused by the Update at the time of availability, and mutually coordinate with Customer to schedule delivery of the Update and share installation instructions, if any, for Customer to install the Update and verify functionality.

8. Training
(a) Evolv will provide the following training services to Customer as part of the Fees:
• Training of Product operators on the Implementation Date. This initial training must be scheduled in parallel with the Implementation Date or will be considered a billable activity. • Upon request, a mutually agreed upon date for one refresher operator training. Such request can be made after the one-year anniversary of the Implementation Date and each year thereafter. • Documentation and remote (live or on-demand) training on new Product features, as part of a Software Update. (b) If Customer desires further training in addition to what is provided in subsection (a), such training will be subject to additional Fees that can be quoted and provided upon Customer’s request.

9. General
(a) Customer agrees to receive communications from Evolv via email, telephone, or other similar technical means regarding the Product and Services (e.g., communications concerning support coverage, availability of new releases of the Product and/or Service offering or components, release notes, or training options) and keep the Product(s) connected to the cloud and MyEvolv Portal during any operational use of the Products for all features to be fully utilized and for remote diagnostics and access to the Products to occur.
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Fusus Terms of Service
Terms and Conditions Governing a Subscriber’s Use of the Fūsus Software, and all Fūsus Solutions and Services Provided via the Software, including but not limited to the FūsusONE, FūsusREGISTRY, FūsusOPS, FūsusALERT, FūsusTIPS, FūsusNOTIFY, FūsusCORE, FūsusVAULT, FūsusCONNECT and FūsusNOTIFY product offerings.

1. Introduction:

A. Subscribers to the Terms.

The following Terms of Service Agreement (the “Terms” or the “Agreement”) is a binding agreement between Fūsus LLC (“Fūsus”) and you, an Ordering Activity (an entity entitled to order under GSA Schedule contracts as defined in GSA ADM 4800.2I, as may be revised from time to time, a user of the Fūsus Software (“Software”) and/or a Subscriber to the FūsusONE Real Time Interoperability Solution (“Solution”), as presented in the accompanying Offer Letter, which You agree to, either as an individual of at least eighteen years of age, or as an organizational entity, or as an associational
entity, in accordance with your status and existence (“You” or “Subscriber”). These Terms governYour use of the Fūsus Software, the Solution, and all other solutions, services and networks owned or controlled by Fūsus (all of which are included in the definition of “Content” provided in Section 1 below), which are provided to You via the Software.
(1) Individual Subscribers.
(2) Entity Subscribers.

In that event, You acknowledge and understand that “You” and “Your” will refer to that public, business, corporate, organizational, or associational entity as the Subscriber, which Subscriber is bound to these Terms, along with all officers, directors, employees, contractors, agents, or volunteers in and under Subscriber’s control and/or supervision, who are also bound to these Terms.

B. Updates to the Terms.

When using the Software, the Solution, and/or any other solutions and/or services provided by Fūsus via the Software, You will be subject to any updates and revisions to these Terms. Fūsus reserves the right, at Fūsus’s sole discretion and without prior notice to You, to update, amend, change, modify, add, or remove portions of these Terms at any time by posting the updated Terms (“Updates”). For revisions that will materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification. Unless otherwise stated in writing by Fūsus, all Updates shall be effective immediately upon posting on the SoftwareYou acknowledge and agree that it is Your responsibility to ensure that You are current and up-to-date in Your understanding of and compliance with these Terms, notwithstanding whether or not Fūsus has posted any notice of Updates to these Terms on the Software, and you acknowledge, understand, and agree that You must periodically check these Terms for Updates. Additional posted policies, guidelines or rules applicable to specific services and features, may be posted from time to time (“Policies”). In the case of any inconsistency between these Terms and any other document that has been incorporated by reference herein, 518
these Terms shall control.

2. CONTENT.

A. Content Defined.

The Software contains the Solution and may contain other solutions and products and services, as well as a variety of materials and other items relating to the Solution and to Fūsus’s other products and services, and similar items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Software and of the Solution, and the compilation, assembly, and arrangement of the materials of the Software and any and all copyrightable material (including source and object code), trademarks, logos, trade names, service marks, company names, and trade identities of various parties, including those owned by Fūsus and those owned by third parties and licensed to Fūsus for use on the Software (collectively, “Trademarks”), and other forms of intellectual property included in the Software, in the Solution, and/or in any other product or solution or service provided by Fūsus. All of the foregoing, including the Solution and any other solutions, products, and/or services provided by Fūsus through the Software is defined and referred to collectively in these Terms as “Content”.

B. Ownership.

The Software (including any past, present, and future versions) and the Content are owned by Fūsus or controlled by Fūsus through licenses granted to Fūsus by its licensors. All right, title, and interest in and to the Content available via the Software is the property of Fūsus or of our licensors, and is protected by U.S. federal copyright, trademark, patent, and trade secrets laws and by other federal and state intellectual property, and unfair competition laws. In addition to Fūsus’s copyright ownership of the Content, Fūsus owns a copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Software. “Intellectual Property Rights,” as used in these Terms, means any and all rights belonging to Fūsus and existing under patent law, copyright law, semiconductor chip protection law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, in any intellectual property, which includes, but is not limited to, patentable inventions, ideas, and processes, trade secrets, trademarks, trade names, copyrightable works, and any confidential information. As between You and Fūsus, Fūsus retains all its respective titles, interests, and ownership in the Software and the Content, and You understand and acknowledge that neither You nor any other Subscriber acquires any ownership in any Intellectual Property Rights regarding the Software or the Content under these Terms.

C. Limited License Granted to You.

Subject to Your strict and ongoing compliance with Your Subscription Agreement and with these Terms, Fūsus grants You a limited, non-exclusive, revocable, non-assignable, and non-transferable license to use the Software and the Solution (the “Limited License”). The foregoing Limited License does not give You any ownership of, or any other intellectual property interest in, any Content (including, but not limited to, the Solution). This Agreement and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Software. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to You are reserved by Fūsus. Any unauthorized use of any Content or the Software for any purpose is strictly prohibited. 519

3. SUBSCRIBER-GENERATED CONTENT: CONTENT YOU SUBMIT.

A. Your Ownership of Subscriber-Generated Content.

Fūsus may provide a Subscriber the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Software (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials created by a Subscriber (collectively, “Subscriber-Generated Content”). Subject to the rights and license You grant to Fūsus under these Terms (see below), You retain whatever legally cognizable right, title, and interest that You have in Your Subscriber-Generated Content. You understand and acknowledge that Fūsus has no obligation to monitor or enforce Your intellectual property rights to Your Subscriber-Generated Content. (hereinafter, “PII”).

B. Fūsus’s Enforcement Rights in Subscriber-Generated Content.

You grant Fūsus the exclusive right to protect and enforce its licensed rights to Your Subscriber-Generated Content while it is posted on the Software, including the right to bring and control enforcement actions in Your name and on Your behalf at Fūsus’s cost and expense. Nothing contained herein shall be construed in derogation of the U.S. Department of Justice’s right to defend any claim or action brought against the U.S., pursuant to its jurisdictional statute 28 USC 516.

C. Your Representations and Warranties and Your Indemnification Obligations for Your SubscriberGenerated Content.

Each time You submit any Subscriber-Generated Content, You represent and warrant that You are the sole author and owner of the intellectual property and other rights to the Subscriber- Generated Content, or You have a lawful right to submit the Subscriber-Generated Content.

4. REPORTING INTELLECTUAL PROPERTY
INFRINGEMENT. DMCA Notice for Copyright
Infringement.

Fūsus will respond appropriately to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”), as set forth below. If You own a copyright in a work (or represent such a copyright owner) and believe that the copyright in that work has been infringed by an improper posting of it as part of Subscriber-Generated Content on the Software, then You may send us a written notice that includes all of the following: a subject line that says: “DMCA Copyright Infringement Notice”; and (1) a description of the copyrighted work that You claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works; and (2) a description of the location of the infringing material on the Software; and (3) Your full name, address, telephone number, and e-mail address; and 520
(4) a statement by You that You have a good faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner; and (5) a statement by You, made under penalty of perjury, that all the information in Your notice is accurate, and that You are the copyright owner (or, if You are not the copyright owner, then Your statement must indicate that You are authorized to act on the behalf of the owner); and, (6) Your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), the characters “//s//” followed by Your full typed name, which will serve as Your electronic signature.

Fūsus may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Fūsus may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

B. Mode of Communication.

Fūsus will only respond to DMCA Notices that it receives by mail or e-mail at the addresses below: By Mail:

Fūsus
ATTN: DMCA Notice
5550 Triangle Pky, Suite 100 Peachtree Corners, GA 30092 By E-Mail:
[email protected]
We may send the information that You provide in Your DMCA Notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.

Without limiting Fūsus’s other rights, Fūsus may, in appropriate circumstances, terminate a repeat infringer’s access to the Software and any other Software owned or operated by Fūsus.

C. DMCA Counter-Notification regarding Copyright Infringement. If access on the Software to a work that You submitted to Fūsus is disabled or the work is removed as a result of a DMCA Notice, and if You believe that the disabled access or removal is the result of mistake or misidentification, then You may send us a DMCA CounterNotification to the addresses above. Your DMCA Counter-Notification should contain the following information:
(1) a subject line that says: “DMCA Counter-Notification”; and (2) a description of the material that has been removed or to which access has been disabled and the location at which the material appeared on the Software before it was removed or disabled; and (3) a statement made under penalty of perjury that You have a good faith belief that the material was removed 521
or disabled as a result of mistake or misidentification; and (4) Your full name, address, telephone number, e-mail address, and the username of Your Account; and (5) a statement that You consent to the jurisdiction of the Federal District Court and that You will accept service of process from the person who provided DMCA notification to us or an agent of such person; and (6) Your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), the characters “//s//” followed by Your full typed name, which will serve as Your electronic signature.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than 10 and not more than 14 business days following receipt of the DMCA CounterNotification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Software.

You should also be aware that we may forward the DMCA Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice. Nothing contained herein shall be construed as to limit the U.S.

Department of Justice’s jurisdiction for litigation matters pursuant to 28 USC 516.

D. Reporting Infringement of Other Intellectual Property.

If You own intellectual property other than a copyright and believe that Your intellectual property has been infringed by an improper posting or distribution of it on the Software, then You may send Fūsus a written notice to one of the addresses set forth in Section 4.A. above that includes all of the following:
(1) a subject line that says: “Intellectual Property Infringement Notice”; and (2) a description of the intellectual property that You claim has been infringed, or a list of the intellectual (3) property if multiple works have been infringed; and a description of the location of the infringing material on the Software; and
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(4) Your full name, address, telephone number, and e-mail address; and (5) a statement by You that You have a good faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the owner; and (6) a statement by You, made under penalty of perjury, that all the information in Your notice is accurate, and that You are the owner (or, if You are not the owner, then Your statement must indicate that You are authorized to act on the behalf of the owner); and,
(7) Your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), the characters “//s//” followed by Your full typed name, which will serve as Your electronic signature.

Fūsus will act on such notices in its sole discretion. Any User of the Software that fails to respond satisfactorily to Fūsus with regard to any such notice is subject to suspension or termination. Termination of Federal contracts will be in accordance with FAR 52.212-4(l), FAR 52.212-4(m), and GSAR 552.238-73. We may send the information that You provide in Your notice to the person who provided the allegedly infringing material.

4. YOUR ACCOUNT AT FŪSUS.

A. Registration.

To access the Solution through the Software, You not only must execute a Subscription Agreement, but also You must become a registered user of the Software by establishing an Account. The Software's practices governing any resulting collection and use of Your personal information in Your Account are disclosed in its Privacy Policy.

B. Usernames and Passwords.

If You register for any feature of the Software that requires a password and/or username, such as the Solution, then You will select Your own password at the time of registration (or we may send You an email notification with a randomly generated initial password) and You agree to the following:
(1) You will not use a username (or e-mail address) that is already being used by someone else, that may impersonate another person, that belongs to another person, that violates the intellectual property or other right of any person or entity, or that is offensive (Fūsus may reject the use of any password, username, or email address for any reason in our sole discretion); and
(2) You will provide accurate, current, and complete registration information about Yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete for as long as You use the features to which the registration relates; and (3) You are solely responsible for all activities that occur on the Software under Your Account, password, and username, whether or not You authorize the activity (except to the extent that any activity occurs due to unauthorized use of Your password and username by another person or entity), and, accordingly, if You are an entity Subscriber, You are solely responsible for the actions of all persons subject to Your control and/or supervision who access the Software and the Content through Your subscription; and (4) You are solely responsible for maintaining the confidentiality of Your password and for restricting access to Your 523
computers, phones, pads, tablets, or other Internet Access Devices, so that unauthorized persons may not access any password protected portion of the Software using Your name, username, or password; and (5) You will immediately notify Fūsus of any unauthorized use of Your Account, password, or username, or any other breach of security; and
(6) You will not sell, transfer, or assign Your Account or any Account rights.

Fūsus shall have no liability for any loss or damage (of any kind and under any legal theory) to You or any third party arising from Your inability or failure for any reason to comply with any of the foregoing security obligations.

C. Termination in the Event of Non-appropriation.

If You are a public entity and do not appropriate funds for this agreement, then this agreement and all Your obligations terminate. A refund will be provided for any unused portion of the paid subscription, after the 30-day notice period through the remainder of the term.

D. Software Access Charges.

Fūsus further retains the right to change the terms and conditions for accessing the Software or portions of the Software; and the right to restrict access to the Software or portions of the Software, in whole or in part, based on any lawful eligibility requirements Fūsus may elect to impose (e.g., geographic or demographic limitations). Fūsus may modify, revalue, or make the registration free at its sole discretion without advance notice or liability. For revisions that will materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification.

E. Your Use of an Internet Access Device and Third-Party Components.

You understand and agree that Your use of any Internet Access Device and/or all third-party hardware, software, services, telecommunication services (including Internet connectivity), or other items used by You to access the Software (“Third-Party Components”) are the sole and exclusive responsibility of You, including all costs of Your use of such Third-Party Components, and that Fūsus has no responsibility for such third- party components, services, or Your relationships with such third parties. You agree that You shall at all times comply with the lawful terms and conditions of Your agreements with such third parties. Fūsus does not represent or warrant that the Software and the Content are compatible with any specific third-party hardware or software or any other Third- Party Components. You are responsible for providing and maintaining an operating environment as reasonably necessary to accommodate and access the Software.

F. Wireless Features.

The Software may offer certain features and services that are available to You via Your wireless Internet Access Device. These features and services may include the ability to access the Software’s features and upload content to the Software, receive messages from the Software, and download applications to Your wireless Internet Access Device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by Your carrier to participate in Wireless Features. Fees and charges may appear on Your wireless bill or be deducted from 524
Your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with Your carrier or wireless Internet Access Device. You should check with Your carrier to find out what plans are available and how much they cost. Contact Your carrier directly with questions regarding these issues. You understand and acknowledge that Fūsus has no responsibility or liability for Your ability or inability to access or take advantage of any Wireless Features due to Your carrier, Your phone service plan, Your Internet Access Device, or any other Third-Party Component.

G. Customer Service.

Fūsus acknowledges the importance of response times for critical systems when technical issues arise. As such, Fūsus shall provide technical support during normal business hours from 9am to 5pm ET, and via an on-call afterhours support team which is available on a 24/7/365 basis. When technical issues arise, Subscriber may contact Fusus Technical Support via phone at: (844) 226-9226 ext. 2 or via email at: [email protected]. Fusus will make every effort in all circumstances to respond to Subscriber technical support inquiries in a timely fashion. For afterhours support requests, Subscriber shall notify Fusus of the priority of their request when it is submitted. The priority shall determine the guaranteed response time as detailed below:
(1) Priority 1 – Technical concerns impacting a single or multiple users that require immediate resolution during critical incidents or major events at the Agency/Organization. Fūsus to return customer’s call or email within 2 hours, including holidays and weekends.
(2) Priority 2 – Technical concerns impacting multiple users, non-critical/major events. Fūsus to return customer’s call or email within 24 hours.
(3) Priority 3 – Technical concerns impacting a single user, non-critical/major events. Fūsus to return customer’s call or email within 1 business day.

5. YOUR GENERAL REPRESENTATIONS AND WARRANTIES.

A. You represent and warrant the following in respect of this Agreement:
(1) You have the necessary authority to enter into this Agreement; and (2) If You are an individual, You are over the age of eighteen; and (3) You shall cooperate with all of the instructions, rules, and procedures that apply to Your Fūsus Account; (4) You have provided and will continue to provide true, accurate, current, and complete Account registration information; and
(5) You will respect and abide by all of Your obligations under this Agreement, and You will perform Your obligations under this Agreement diligently; and
(6) If You are an entity Subscriber, You will monitor and closely supervise all of the persons under Your employment, including all officers, directors, employees, contractors, agents, and legal representatives who access the Software and the Content through Your subscription to ensure their compliance with these Terms, and You understand, acknowledge, and agree that You are entirely responsible for such 525
compliance by all persons subject to Your control and/or supervision; and (7) You will comply with all laws and regulations applicable to this Agreement and to the Software and Content, include all laws regarding personal rights of privacy and publicity.

B. Expressed Warranty.

Products manufactured by Fūsus are warranted to be free from defects in material and workmanship under normal use and service. This warranty is applicable to any of Fūsus’s products provided as part of the Software as a Service agreement with Subscriber, or purchased by Subscriber for use with their subscription, that Subscriber returns to Fūsus during the period of the initial term of the agreement. (1) Real-Time Crime Center in the Cloud Subscribers (RTC3): All equipment issued as part of a RTC3 project, including fususCORE™ appliances and peripherals, are warranted for the duration of the initial agreement and will be repaired or replaced at Fūsus’s cost with an appropriate Request to Merchant (RMA) authorization. (2) Security Operations Center in the Cloud Subscribers (SOC2): All equipment issued as part of a SOC2 project, including fususCORE™ appliances and peripherals, are warranted for one (1) year from the original date of shipment to Subscriber or its authorized reseller. Extended annual warranty periods purchased by Subscriber for coverage after the first year must be purchased prior to the original shipment of hardware to be considered valid. All warrantied hardware will be repaired or replaced at Fūsus’s cost with an appropriate Request to Merchant (RMA) authorization.

Fūsus's obligations, with respect to such applicable warranty returns, are limited to repair, replacement, or refund of the purchase price actually paid for the product, at Fūsus's sole option. Fūsus shall bear round-trip shipment costs of defective items found to be covered by this warranty. Defective products or parts thereof may be replaced with either new, factory refurbished, or remanufactured parts. Defective parts, which have been replaced, shall become Fūsus property. This warranty does not extend to any product sold by Fūsus which has been subjected to misuse, neglect, accident, improper installation by a non-authorized 3rd party, or a use for purposes not included or not in accordance with installation procedures and instructions furnished by Fūsus, or which has been repaired or altered by persons other than Fūsus or which has been damaged by secondary causes, including but not limited to, improper voltages, adverse environment conditions, improper handling, or products which have had their serial number or any part thereof altered, defaced, or removed.

6. INDEMNIFICATION AND LIABILITY
A. Fūsus shall indemnify, defend and hold the Customer and its officials, agents and employees harmless from and against any and all claims, damages, losses, injuries and expenses (including reasonable attorneys’ fees), relating to or arising out of: (i) any act or omission of Fūsus, its officers, employees, subcontractors, or agents in connection with the performance of the Services; (ii) any security breach or other breach of a covenant, representation or warranty made by Fūsus under this Contract; and (iii) use by Fūsus of any intellectual property in connection with the Services (whether such intellectual property is owned by Fūsus or a third party) or the incorporation by Fūsus of intellectual property into the Services.

7. GENERAL PROVISIONS.

A. Severability and Interpretation.
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If any provision of this Agreement, is for any reason deemed invalid, unlawful, void, or unenforceable by a court of competent jurisdiction, then that provision will be deemed severable from this Agreement, and the invalidity of the provision will not affect the validity or enforceability of the remainder of this Agreement which will remain in full force and effect.

B. Communications.

Whenever You communicate with Fūsus electronically, such as via e-mail, You consent to receive communications from Fūsus electronically. Please note that, except as set forth in the provisions of this Agreement regarding the DMCA, Fūsus is obligated to respond to inquiries that it receives.

C. Assignment.

Fūsus may assign its rights and obligations under this Agreement, in whole or in part, only in accordance with the procedures of FAR Part 42.12. This Agreement may not be assigned by You, and You may not delegate Your duties under these Terms, without the prior written consent of an officer of Fūsus.

D.No Waiver.

Except as expressly set forth in this Agreement, no failure or delay by You or Fūsus in exercising any rights or remedies under this Agreement will operate as a waiver of that or any other right or remedy.

E. No Partnership or Joint Venture.

Neither this Agreement, nor any terms and conditions contained herein shall be construed as creating a partnership, joint venture, franchise or agency relationship between You and Fūsus.

F. Complete Agreement.

This Agreementconstitutes an addendum to a solicitation or contract, as defined in FAR 52,212-4(s). 527
End User License Agreement. With respect to any Software provided pursuant to an Order, and Subject to compliance with this End User License Agreement (“EULA”), Provider grants you, an Ordering Activity (an entity entitled to order under GSA Schedule contracts as defined in GSA Order OGP 4800.2l, as may be revised from time to time), a limited, non-exclusive and non-transferable license to use object code versions of the Software and accompanying Documentation solely for Customer’s internal operations and in accordance with the License and the Documentation. Provider licenses to Customer the right to use only the Software Customer acquires from an approved source. Unless contrary to applicable law, Customer is not licensed to use the Software on equipment not authorized by Provider, or on Provider equipment not purchased through an approved source. In the event that Provider requires Customer to register as an end user, Customer’s license is valid only if the registration is complete and accurate. The Software may contain open source software, subject to separate license terms made available with the Provider Software or Documentation. “Customer” shall mean the Ordering Activity itself and shall not apply to, nor bind (1) the individual(s) who utilize the Software/Service/Site on Contractor’s behalf or (2) any individual users who happen to be employed by, or otherwise associated with, Ordering Activity. The Contractor will look solely to Ordering Activity to enforce any violation or breach of this Agreement by such individuals, subject to Federal law.

If the Software is licensed for a specified term, Customer’s license is valid solely for the applicable term in the License and in accordance with the Schedule contract and applicable task or purchase order. Subject to the Schedule contract and applicable order, the Customer’s right to use the Software begins on the date the Software is made available for download or installation and continues until the end of the specified term, unless otherwise terminated in accordance with these Terms. Termination may be conducted in accordance with the terms and conditions of the GSA Schedule contract and individual ordering document.

Evaluation License. If Customer licenses or receives Provider Goods for evaluation purposes or other limited, temporary use as authorized by Provider (“Evaluation Product”), Customer’s use of the Evaluation Product is only permitted for the period limited by the license key or otherwise stated by Provider in writing. If no evaluation period is identified by the license key or in writing, then the evaluation license is valid for thirty (30) days from the date the Evaluation Product is made available to Customer.. The Evaluation Product is licensed “AS-IS” without support or warranty of any kind, expressed or implied. “This clause does not limit or disclaim any of the warranties specified in the GSA Schedule contract under FAR 52.212-4(o). In the event of a breach of warranty, the U.S. Government reserves all rights and remedies under the contract, the Federal Acquisition Regulations, and the Contract Disputes Act, 41 U.S.C. 7101- 7109.” Provider does not assume any liability arising from any use of the Evaluation Product. This clause shall not impair the U.S.

Government’s right to recover for fraud or crimes arising out of or related to this Contract under any federal fraud statute, including the False Claims Act, 31 U.S.C. 3729-3733. Furthermore, this clause shall not impair nor prejudice the U.S. Government’s right to express remedies provided in the GSA Schedule contract (e.g., clause 552.238-81 – Price Reductions, clause 52.212-4(h) – Patent Indemnification, and GSAR 552.215-72 – Price Adjustment – Failure to Provide Accurate Information).” Customer may not publish any results of benchmark tests run on the Evaluation Product without first obtaining written approval from Provider. Customer authorizes Provider to use any feedback or ideas Customer provides Provider in connection with Customer’s use of the Evaluation Product.

Ownership. Provider or its licensors retain ownership of all intellectual property rights in and to the Software, including copies, improvements, enhancements, derivative works and modifications thereof. Customer’s rights to use the Software are limited to those expressly granted by this EULA. No other rights with respect to the Software or any related intellectual property rights are granted or implied.

Limitations and Restrictions. Customer will not and will not allow a third party to:
a) transfer, sublicense, or assign Customer’s rights under this license to any other person or entity unless expressly authorized by Provider in writing;
b) modify, adapt or create derivative works of the Software or Documentation; c) reverse engineer, decompile, decrypt, disassemble or otherwise attempt to derive the source code for the Software; d) make the functionality of the Software available to third parties, whether as an application service provider, or on a rental, service bureau, cloud service, hosted service, or other similar basis unless expressly authorized by Provider in writing; e) use Software that is licensed for a specific device, whether physical or virtual, on another device, unless expressly authorized by Provider in writing;
f) remove, modify, or conceal any product identification, copyright, proprietary, intellectual property notices or other marks on or within the Software;
Third Party Use of Software. Customer may permit a third party to use the Software licensed to Customer under this EULA if such use is solely (i) on Customer’s behalf, (ii) for Customer’s internal operations, and (iii) in compliance with this EULA. Customer agrees that Customer is liable for any breach of this EULA by that third party.

US Government End Users. The Software and Documentation are "commercial items," as defined at Federal Acquisition Regulation ("FAR") (48 C.F.R.) 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in FAR 12.212. Consistent with FAR 12.211 (Technical Data) and FAR 12.212 (Computer Software) and Defense Federal 528
Acquisition Regulation Supplement (“DFAR”) 227.7202-1 through 227.7202-4, and notwithstanding any other FAR or other contractual clause to the contrary in any agreement into which this EULA may be incorporated, Government end users will acquire the Software and Documentation with only those rights set forth in this EULA. Any license provisions that are inconsistent with federal procurement regulations are not enforceable against the U.S. Government.

Audit. During the license term for the Software and for a period of three (3) years after its expiration or termination, Customer will take reasonable steps to maintain complete and accurate records of the Customer’s use of the Software sufficient to verify compliance with this EULA. Provider and its auditors have the right to examine records and any applicable books, systems and accounts, at SafePointe’s expense, upon reasonable notice to the Customer and consistent with Customer’s security measures, during normal business hours.

Termination. The EULA shall remain effective until terminated. Termination of Federal contracts will be in accordance with FAR

52.212-4(l), FAR 52.212-4(m), and GSAR 552.238-79. Upon termination, the Customer shall destroy, and certify the destruction of, all copies of the Software in its possession or control.
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Customer Agreement - Campus

CUSTOMER AGREEMENT - CAMPUS
This Customer Agreement (this “Agreement”) is entered into as of _________________ ______, 2015, (the “Effective Date”) by and between Resiligence, Inc., a California corporation (COMPANY) and ____________________________________________________ (you, an Ordering Activity (an entity entitled to order under GSA Schedule contracts as defined in GSA Order OGP 4800.2I, as may be revised from time to time)) (CLIENT) (each of COMPANY and CLIENT, a “Party” and collectively, the “Parties”). “Client” shall mean the Ordering Activity itself and shall not apply to, nor bind (1) the individual(s) who utilize the Software/Service/Site on Contractor’s behalf or (2) any individual users who happen to be employed by, or otherwise associated with, Ordering Activity. The Contractor will look solely to Ordering Activity to enforce any violation or breach of this Agreement by such individuals, subject to Federal law.

RECITALS
WHEREAS, the COMPANY has developed an anonymous text based tipline capability known as “TipNow™” which is intended for use in non-emergency situations and is more fully described on Appendix A hereto; and
WHEREAS, CLIENT wishes to utilize TipNow™ in connection with its campus security services; and
WHEREAS, the Parties hereto wish to provide for the terms and conditions under which COMPANY will make TipNow™ and associated services available to CLIENT’s designated facilities; and WHEREAS, “TipNow Social” is a social media data analysis tool to detect dangerous activity within a specified geographic location from the epicenter of the facility of the CLIENT; and WHEREAS, the term CAMPUS refers to the facilities, locations and buildings where the TipNow technology will be deployed.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and undertakings herein contained, COMPANY and CLIENT intending to be legally bound, covenant and agree as follows:

1. DUTIES OF THE PARTIES

1.1 COMPANY Product and Services. Subject to the terms and conditions set forth herein, COMPANY agrees to provide to the CLIENT with the TipNow™ technology platform and the support services set forth on Appendix A hereto during the term of this Agreement. In connection with the foregoing, CLIENT hereby acknowledges and agrees that the intended purpose and use of TipNow™ is to facilitate notification to CLIENT security personnel of suspicious occurrences or activities that occur on the campus but are non-emergency in nature, and it is the responsibility of CLIENT to address whatever activities or occurrences arise, including without limitation alerting students, faculty members, employees, visitors and any and all uninvited campus guests to any perceived or impending threat of danger. For the avoidance of doubt, the Parties acknowledge and agree that TipNow™ is not intended to replace or supersede any emergency 530
Customer Agreement - Campus -2-
services that CLIENT currently has in place or may implement in the future, such as 911 or other police or protective service emergency hotlines. It is a technology that would facilitate the anonymous notification by employees and people to deliver information to the responsible parties such as the security and police on that campus.

1.2 CLIENT Obligations. CLIENT agrees as follows:
(a) CLIENT may serve as a reference customer for COMPANY and in such capacity its designated representatives will diligently and truthfully respond to calls and inquiries received from prospective customers of COMPANY and will report all such calls to COMPANY.
(b) Designated representatives of CLIENT may assist COMPANY to create: (i) a sample case study regarding the use of TipNow™ to enhance campus security, (ii) a press release with respect to the foregoing, and (iii) a written testimonial for use by COMPANY in its marketing efforts.
(c) Representatives of CLIENT may provide COMPANY with feedback, comments, suggestions and ideas which may be used by COMPANY to modify and/or further develop the capabilities of TipNow™, and such individuals will be available for telephone interviews with COMPANY staff members upon reasonable notice.

2. PAYMENT TERMS. Payment terms are governed by the Schedule contract and applicable task/purchase order.

2.1 3. LIMITATION OF LIABILITY.

3.1 No Warranties. CLIENT hereby acknowledges and agrees that COMPANY is providing TipNow™ and the related services on an “as is” basis and makes no representation or warranty whatsoever regarding the effectiveness thereof or the outcome of any situation which may arise in which TipNow™ is used by any person associated in any way with the facilities of the CLIENT campus.

In addition, CLIENT understands that COMPANY cannot and does not guaranty uninterrupted server connectivity with respect to the tipster’s own communication device, the TipNow™ administrator or facility’s designated security personnel, and COMPANY specifically disclaims any and all liability that may be caused by any delay in transmitting a tip due to server downtime or otherwise. This clause does not limit or disclaim any of the warranties specified in the GSA Schedule contract under FAR 52.212-4(o). In the event of a breach of warranty, the U.S.

Government reserves all rights and remedies under the contract, the Federal Acquisition Regulations, and the Contract Disputes Act, 41 U.S.C. 7101-7109

3.2 Limitation of Liability. IN NO EVENT WILL COMPANY, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR

AFFILIATES, HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR

CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR

BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR 531
Customer Agreement - Campus -3-

RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, PRODUCT LIABILITY, LOSS OF

ANTICIPATED PROFITS OR REVENUES, OR LOSS OF USE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF

COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD THEREOF OR SHALL HAVE OTHER REASON TO KNOW, OR IN FACT SHALL KNOW OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.

This clause shall not impair the U.S. Government’s right to recover for fraud or crimes arising out of or related to this Contract under any federal fraud statute, including the False Claims Act, 31 U.S.C. 3729-3733.

Furthermore, this clause shall not impair nor prejudice the U.S. Government’s right to express remedies provided in the GSA Schedule contract (e.g., clause 552.238-81 – Price Reductions, clause 52.212-4(h) – Patent Indemnification, and GSAR 552.215-72 – Price Adjustment – Failure to Provide Accurate Information).

4. CONFIDENTIAL INFORMATION

4.1 General Obligations of the Parties. The Parties acknowledge that, from time to time, one Party (the “Disclosing Party”) may disclose to the other Party (the “Receiving Party”) information which is marked as “proprietary” or “confidential” or which would, under the circumstances, be understood by a reasonable person to be proprietary and nonpublic (“Confidential Information”).

Except as required by law, the Receiving Party shall retain such Confidential Information in confidence and shall not disclose it to any third party without the Disclosing Party’s written consent. Each Party shall use at least the same procedures and degree of care which it uses to protect its own Confidential Information of like importance, and in no event less than reasonable care.

4.2 COMPANY Obligations. Except as required by law, COMPANY hereby acknowledges and agrees that it will not sell, trade, license, or otherwise distribute for gain any personnel information provided or made available to COMPANY by representatives of CLIENT as part of the CLIENT database, and it will maintain the privacy of all such data in accordance with Section 4.1 above.

4.3 CLIENT Obligations. CLIENT hereby acknowledges and agrees that COMPANY has expended considerable time, effort and expense to create and develop TipNow™, and that the technology and architecture embodied therein are trade secrets of COMPANY. CLIENT hereby agrees to take all reasonable measures to ensure that none of its employees or other affiliates shall reverse engineer or otherwise misappropriate, broadcast, disclose or use for personal gain any trade secrets or proprietary information of COMPANY which may be embodied in TipNow™ or are otherwise disclosed to representatives of CLIENT in the course of COMPANY providing services to CLIENT hereunder.

4.4 Exceptions. Notwithstanding Sections 4.1 through 4.3 above, Confidential Information will not include information to the extent that such information:
(a) was already known by the Receiving Party without an obligation of confidentiality at the time of disclosure hereunder;
(b) was generally available to the public at the time of its disclosure to the Receiving Party hereunder;
(c) became generally available to the public after its disclosure other than through an act or omission of the Receiving Party in breach of this Agreement; 532
Customer Agreement - Campus -4-
(d) was subsequently lawfully and independently disclosed to the Receiving Party by a person other than the Disclosing Party;
(e) was independently developed by the Receiving Party; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided, however, that the Receiving Party shall provide prompt notice thereof to enable the Disclosing Party to seek a protective order or otherwise prevent such disclosure.

5. TERM AND TERMINATION

5.1 Term of the Agreement. The initial term of this Agreement shall be for three (3) years from the Effective Date, subject to the Schedule contract and applicable task or purchase order.

5.2 Termination. Termination of Federal contracts will be in accordance with FAR 52.212-4(l), FAR

52.212-4(m), and GSAR 552.238-79

5.3 Survival. The terms and conditions of Articles 3, 4, 5 and 6 shall survive termination or expiration of this Agreement. In addition, the termination or expiration of this Agreement shall not relieve either Party of any liability under this Agreement that accrued prior to such termination or expiration.

6. MISCELLANEOUS

6.1 Governing Law. This Agreement is subject to and governed by the Contracts Disputes Act of 1978, 41 U.S.C §§ 7101-7109, Federal Tort Claims Act, 28 U.S.C. §1346(b)), and GSAR 552.212-4 Contract Terms and Conditions – Commercial Items (Jan 2017) (Deviation – Feb 2007) (Deviation – Feb 2018). The validity, interpretation and enforcement of this Agreement will be governed by and construed in accordance with the federal laws of the United States.

6.2 Waiver. Any waiver of the provisions of this Agreement or of a Party’s rights or remedies under this Agreement must be in writing to be effective. Failure, neglect, or delay by a Party to enforce the provisions of this Agreement or its rights or remedies at any time will not be construed and will not be deemed to be a waiver of such party’s rights under this Agreement and will not in any way affect the validity of the whole or any part of this Agreement or prejudice such Party’s right to take subsequent action.

6.3 Amendments. For revisions that will materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification. A material change is: (1) Terms that change Government rights or obligations; (2) Terms that increase Government Prices; (3) Terms that decrease the overall level of service; or (4) Terms that limit any other Government right addressed elsewhere in this contract.

6.4 Successors and Assignees. This Agreement shall be binding upon and inure to the benefit of any entity that is the successor to substantially all of the assets and businesses of either Party. This 533
Customer Agreement - Campus -5-
License Agreement may be transferred or assigned only in accordance with the procedures of FAR Part 42.12.

6.5 Severability. If any provision in this Agreement shall be found or be held to be invalid or unenforceable, then the meaning of said provision shall be construed, to the extent feasible, so as to render the provision enforceable, and if no feasible interpretation would save such provision, it shall be severed from the remainder of this Agreement which shall remain in full force and effect unless the severed provision is essential and material to the rights or benefits received by any party. In such event, the Parties shall use best efforts to negotiate, in good faith, a substitute, valid and enforceable provision or agreement which most nearly affects the Parties’ intent in entering into this Agreement.

6.6 These License Terms constitute an addendum to a solicitation or contract, as defined in Federal Acquisition Regulation 52.212-4(s).

6.7 Relationship Between Parties. The Parties shall at all times and for all purposes be deemed to be independent contractors and neither Party, nor either Party’s employees, representatives, subcontractors or agents, shall have the right or power to bind the other Party. This Agreement by itself, or in conjunction with other agreements with the same Effective Date, shall not create or be deemed to create a joint venture, partnership or similar association between the Parties or either Party’s employees, subcontractors or agents.

6.8 Counterparts. This Agreement may be executed in counterparts, in original or by facsimile, each of which so executed will be deemed to be an original and such counterparts together will constitute one and the same agreement.

6.9 Notices. Any notices required or permitted hereunder shall be given in writing either (a) through personal delivery by courier with tracking capabilities or otherwise, (b) by telecopy or other electronic medium, or (c) by deposit in the mail. Any notice given using means described in (a) or (c) of the preceding sentence shall be sent to the other Party at the address set forth for such Party on the signature page of this Agreement or to such other address as the Party has designated by notice given pursuant to this Agreement. All notices shall be deemed given or made (x) on the date delivered if delivered personally, by courier or otherwise, (y) on the date initially received, if delivered by telecopy or other electronic medium, or (z) on the third business day after it is mailed.

6.10 Force Majeure. In the event either Party hereto is prevented from or delayed in the performance of any of its obligations hereunder by reason of acts of God, war, strikes, riots, storms, fires, or any other cause whatsoever beyond the reasonable control of such Party (including without limitation if transmission of a tip or information through use of TipNow™ is delayed due to server downtime or otherwise), the Party so prevented or delayed shall be excused from the performance of any such obligation to the extent and during the period of such prevention or delay.
[Signature Page Follows]
534
Customer Agreement - Campus -6-

APPENDIX A
Product Description:

TipNow™ is a text based anonymous tipline that facilitates notification of campus security personnel regarding suspicious activity which occurs on the CLIENT campus.

Features of the TipNow™ solution include:
● Secure, web based tip administration (anytime/anywhere access for authorized users) ● Easy to implement, deploy and use
● Tips can be submitted quickly through SMS/text messages, email, voice and webform ● Transmits the information directly to designated senior safety personnel ● Only designated officers have access to reports filed ● Allows anonymous two-way conversation by authorities with reporting individuals ● Fully automated with no physical call center required ● Executive dashboard
Implementation:
• You will be assigned a new email
● CLIENT will be assigned an email address and/or a local number, and CLIENT tipsters will be able to send tips about suspicious activity by text/email ● CLIENT will have access to an administrator web portal to manage and address incoming tips from anywhere CLIENT has internet access
● Any number of administrators can be created and each of them will have a unique user id and password to access the web portal
Service Description:

COMPANY will provide support for Client’s use of TipNow™ through telephone support. The support phone number is 1-877-395-5095.

COMPANY will provide interactive web-based training for CLIENT security personnel, students, faculty and other employees on use and operation of the TipNow™ system.

COMPANY will work with CLIENT to plan the marketing communications to make CLIENT students, faculty and other employees aware of TipNow™ and its deployment at Designated Facilities. 535
1382 Blue Oaks Blvd., Suite 110
Roseville, CA 95678
(530) 488-7200 Main
www.icu-techinc.com
Date: February 2023
Subject: GSA Contract
To whom it may concern,
The General Services Administration accepted ICU Technologies Inc., into the program and was awarded GSA Contract # 47QSWA18D003K on April 13th, 2018.

GSA Advantagehttps://www.gsaadvantage.gov/ref_text/47QSWA18D003K/0XZM5N.3TPZ0B_47QSWA18D003K_GSAPR ICELISTICUTECHNOLOGIESWEULASOPTIONRENEWAL.PDF
Sincerely,
Brian Van Norman
Chief Sales Officer/Co-Founder
Phone: 530.488.7200
icu-techinc.com
[email protected]
536
RESOLUTION 23-72

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO

APPROVING A BUDGET APPROPRIATION FROM THE MEASURE N FUND, PUBLIC

SAFETY CATEGORY, FOR AN ICU TECHNOLOGIES EVLOLV WEAPONS DETECTION SYSTEM
WHEREAS, the West Sacramento City Hall and Galleria facility is host to operational City departments as well as City and other government public meetings and special events. The current facility security measures include security cameras, on-site contracted security officers during business hours and events, access control to non-public areas and an alarm system which is used during non-operational hours. There are currently no physical security measures to detect weapons being brought into the facility; and
WHEREAS, in recent years, there has been a national trend of incidents of mass violence at government facilities, public gatherings and special events. Facilities and locations where operations and events such as these are held are considered soft targets and more vulnerable to such incidents. Absent pre-incident indicators by a subject or group, prevention of such an event must rely on physical security and target hardening; and WHEREAS, the Evolv weapons detection system is a non-intrusive means of screening individuals entering a facility or location without conducting individual searches. The system allows for continuous flow of persons unlike the slower traditional metal detectors and has the ability to detect firearms and other weapons. The Evolv system provides security personnel an alert when a pre-programmed weapon profile is detected. The system is portable and can be moved within the facility to allow for flexibility given the multifunctional use of City Hall and the Galleria; and
WHEREAS, as part of the evaluation process for this system, staff conducted controlled environment tests, a site visit with the San Francisco Giants where the system is used and a field test of the equipment at Sutter Health Park during a Rivercats game. It was determined through this research the system was most appropriate for the City Hall facility given the increased detection capability beyond that of a metal detector while being less intrusive and allowing greater flow of persons through the system. For these reasons, it was determined that there is no comparable product on the market; and
WHEREAS, the local vendor for Evolv is ICU Technologies under a General Services Administration (GSA) contract. The ICU Technologies proposal being presented for approval is sole source under a GSA contract vendor; and
WHEREAS, the total cost of the proposed four-year agreement is $108,825, including $52,953 in one-time cost in FY 2023/24 for purchase of the equipment and $13,968 annually for four years starting in FY 2023/24 for the technology service required to utilize the equipment; and WHEREAS, the cost of this agreement is proposed to be funded by Measure N Fund, Public Safety Category.

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

1. The City Council of the City of West Sacramento hereby approves the appropriation of $80,889.
537
Resolution 23-72 Approving an Appropriation from Measure N Fund for Evolv Agreement

SOURCES
$66,921 111-0000-3120 Measure N Fund Balance FY 2023/24 $13,968 111-0000-3120 Measure N Fund Balance FY 2024/25 $80,889 TOTAL SOURCES
USES
$52,953 111-9110-5575 Measure N Police Admin Equipment FY 2023/24 (onetime) $13,968 111-9110-5257 Measure N Police Admin SBITA Lease FY 2023/24 $13,968 111-9110-5257 Measure N Police Admin SBITA Lease FY 2024/25 $80,889 TOTAL USES

2. The City Council of the City of West Sacramento authorizes the City Manager or designee to sign the contract for equipment purchases.

PASSED AND ADOPTED this 27th day of September, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
538

CITY COUNCIL AGENDA REPORT
MEETING DATE: September 27, 2023 ITEM # 19

CONSIDERATION OF ACCEPTANCE OF HOMELAND SECURITY GRANT AWARD AND ADOPTION OF RESOLUTION 23-38 APPROVING BUDGET APPROPRIATIONS FOR

BOMB SQUAD EQUIPMENT
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [ X ] Staff
[ ] Other
Dawna Jones, Senior Analyst
Police Department
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action

OBJECTIVE
The objective of this report is to provide the City Council with information needed to consider acceptance of the FY 2021 Sacramento Urban Area Security Initiative (UASI) Homeland Security Grant Program (HSGP) award for $82,000 to provide specialized equipment for use by the Yolo County Bomb Squad.

RECOMMENDED ACTION
Staff respectfully recommends the City Council:

1. Authorize the acceptance of the $82,000 FY 2021 Sacramento Urban Area Security Initiative (UASI) Homeland Security Grant Program (HSGP) grant award and adopt Resolution 23-38 appropriating funds for the purchase of the associated equipment.

2. Authorize the City Manager or designee to sign the contracts for the equipment purchases related to the grant.

BACKGROUND
The Yolo County Bomb Squad is a multi-agency bomb squad which the West Sacramento Police Department participates in and manages. Much of the bomb squad’s primary equipment was purchased post 9/11 and is aging and outdated. A five-year replacement plan was prepared as a foundation for identifying funding sources to replace the equipment.

The West Sacramento Police Department is a member of the Sacramento Urban Area Security Initiative (UASI) which serves as a U.S. Department of Homeland Security Grant Program funding mechanism. The West Sacramento Police Department, on behalf of the Yolo County Bomb Squad, was awarded $82,000 from the FY 2021 Sacramento UASI HSGP grant to purchase the requested equipment.

ANALYSIS
The requested bomb squad equipment is costly and exceeds normal budget capabilities. This equipment includes a portable X-ray system and bomb suit. The X-ray system and bomb suit will replace outdated equipment on behalf of the Yolo County Bomb Squad. This equipment will be used and part of regular emergency response operations and pre-planned events such as dignitary and special events. The grant award will aid in purchasing this needed equipment without impacting the West Sacramento general fund or requesting funding from partner agencies.

Environmental Considerations
This action is not a project that is subject to CEQA because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change to the environment. (Pub. Resources Code, 21065; CEQA Guidelines 15600(c), 15378(a).

Commission Recommendation
Not applicable.

Strategic Plan Integration
This action furthers the City’s strategic plan of ensuring our community is “Safe and Secure” and furthers the Management objective in increasing security capabilities for venues and events in the Entertainment District. 539
UASI Grant 2023
September 27, 2023

Alternatives

1. The Council may choose not to authorize the acceptance of the grant awards and related purchase of the equipment.

2. The Council may choose not to authorize the acceptance of the grant award and instead authorize the equipment purchase using alternative City funds.

Coordination and Review
This report was coordinated and reviewed by Police Department, City Manager’s Office and Finance Staff.

Budget/Cost Impact
The attached resolution requests an appropriation to allow for the purchase of equipment in advance of receiving the grant funds. The funding awarded for the X-ray and Bomb Suit Project will be reimbursed to the City of West Sacramento following the purchase of the equipment.

ATTACHMENTS

1. UASI Grant Equipment Price Quotes

2. Resolution 23-38 UASI Grant Award

3. FY 2021 Sacramento UASI award letter, Portable X-ray System and Bomb Suit 540
541
542
543
Attachment 2
RESOLUTION 23-38

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO

APPROVING THE ACCEPTANCE OF A HOMELAND SECURITY GRANT AWARD WHEREAS, the Yolo County Bomb Squad is a multi-agency bomb squad in which the West Sacramento Police Department participates and manages. Much of the bomb squad’s primary equipment was purchased post 9/11 and is aging and outdated. A five-year replacement plan was prepared as a foundation for identifying funding sources to replace the equipment; and WHEREAS, the West Sacramento Police Department is a member of the Sacramento Urban Area Security Initiative (UASI) which serves as a U.S. Department of Homeland Security Grant Program funding mechanism. The West Sacramento Police Department, on behalf of the Yolo County Bomb Squad, was awarded $82,000 from the FY 2021 Sacramento UASI HSGP grant to purchase the requested equipment; and
WHEREAS, the requested bomb squad equipment is costly and exceeds normal budget capabilities. This equipment includes a portable X-ray system and a bomb suit. The X-ray system and bomb suit will replace outdated equipment on behalf of the Yolo County Bomb Squad. This equipment will be used as part of regular emergency response operations and pre-planned events such as dignitary appearances and special events. The grant award will aid in purchasing this needed equipment without impacting the City’s general fund or requesting funding from partner agencies.

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

1. The City Council of the City of West Sacramento authorizes the acceptance of the Homeland Security Grant Program grant.

2. The City Council of the City of West Sacramento hereby approves the appropriation of the grant funds awarded.

SOURCES
$82,000 250-9104-4640 FY 2021 Yolo County Homeland Security Grant Program USES
$82,000 250-9104-5259 Special Department Expense

3. The City Council of the City of West Sacramento authorizes the Police Chief or designee to sign the acceptance paperwork associated with the grants.

PASSED AND ADOPTED by the West Sacramento City Council this 27th day of September, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
544
Resolution 23-38 UASI Grant

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
545
546

CITY COUNCIL AGENDA REPORT
MEETING DATE: September 27, 2023 ITEM # 20
SUBJECT:

CONSIDERATION OF ADOPTION OF RESOLUTION 23-58 AMENDING THE CAPITAL IMPROVEMENT PROGRAM BUDGET AND APPROVAL OF AMENDMENT 1 FOR THE

SUMMIT PIPELINES CONTRACT FOR THE CLOSED CIRCUIT TV (CCTV) INSPECTION & CLEANING OF SEWERS PROJECT (CIP 33029)
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Lorianne Landsaw, Senior Analyst
Public Works Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The objective of this report is to provide the City Council with sufficient information to consider adoption of Resolution 23-58 amending the Capital Improvement Program and approval of Amendment 1 to the Summit Pipelines contract for the CCTV Inspection and Cleaning of Sewers Project (CIP 33029).

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Find that the CCTV Inspection & Cleaning of Sewers Project is exempt from CEQA analysis under the Class 1 Categorical Exemption, under California Code of Regulations, Title 14, Division 6, Chapter 3, Article 19, Section 15301; and
2) Adopt Resolution 23-58 amending the Capital Improvement Program; and 3) Delegate authority to the City Manager, or his designee, to execute Contract Amendment 1 with Summit Pipelines for an amount not to exceed $33,327 for the CCTV Inspection & Cleaning of Sewers Project (CIP 33029).

BACKGROUND
On October 18, 2017, the City Council adopted the Sanitary Sewer Master Plan Update which appropriated funds to CCTV the entire City sewer system (CIP 33029).

Wastewater pipe networks play a critical role in protecting ecosystems, built environments, and humans from wastewater. Due to the gravity flow of most sewer pipes, closed circuit television (CCTV) inspections can be performed on sewer pipes without removing the pipes from service. The wide implementation of CCTV inspections has provided extensive sewer inspection results in recent years. These results focus on sewer pipe structural deterioration predictions, as structural condition is both an indicator and a predictor of pipe structural failure. Making appropriate condition scores is critical for predicting pipe structural deterioration, which will aid is the Sanitary Sewer Master Plan (SSMP) that is currently in progress.

On December 16, 2022, the Public Works Department issued a Request for Proposals for the CCTV Inspection & Cleaning of Sewers project. By the end of the advertising period on January 13, 2023, the City had received seven (7) proposals. The proposals were ranked and evaluated by staff from the Public Works and Capital Projects Departments. Summit Pipeline was chosen as the contractor to provide the CCTV services.

Summit Pipeline has been working its way north from the southernmost part of the City, using CCTV to inspect and score the sanitary sewer system. City staff have been working their way south from the northernmost point of the City, also using CCTV to inspect the Sanitary Sewer System. Staff are aware that the North side of the City has concrete sewers and other aging infrastructure, all of which will need to be replaced. Determination of the type of infrastructure (i.e., concrete) is an immediate indicator that the line will need to be replaced, and therefore scoring is not necessary. The City will get the greatest amount of information by confirming replacement locations in the North with City staff and utilizing the contractor in the South to score the pipelines.

ANALYSIS
The contract with Summit Pipeline for the CCTV Inspection & Cleaning of Sewers Project was approved by the City Council on April 19, 2023. After planning with the contractor, the CCTV inspections began in June 2023.

Over the last several months, Summit Pipeline has been able to submit over 67,000 linear feet of scored CCTV footage, which will be invaluable data for the Sewer Master Plan. Staff is proposing that Summit Pipeline provide CCTV inspection of an additional 10,500 linear feet of pipeline, resulting in a total of 75,500 linear feet tested and scored by Summit Pipeline. The additional cost for this additional 10,500 feet of pipeline inspection is 547
Resolution 23-58
September 27, 2023

$33,327. Staff has identified available funds remaining in CIP 33028 (Backyard Gravity Sewers) that can be used to the additional work needed on this project.

Environmental Considerations
The the CCTV Inspection & Cleaning of Sewers Project is exempt from CEQA analysis under the Class 1 Categorical Exemption, under California Code of Regulations, Title 14, Division 6, Chapter 3, Article 19, Section 15301 as the Project constitutes operation, repair and/or maintenance of existing public facilities involving negligible or no expansion of existing or former use.

Commission Recommendation
Not applicable
Strategic Plan Integration
The CCTV Inspection & Cleaning of Sewers Project supports the City Council’s Strategic Principle of Core Services & Infrastructure: Sustain a financially sound city in which everyone feels safe and secure, with quality services and well-maintained infrastructure.

Alternatives
Following are the City Council’s primary action alternatives:
1) Approve the recommended actions as stated above in this report; or 2) Modify or defer the recommended actions; or
3) Not approve the recommended actions or delete the project.

Alternatives 2 and 3 are not recommended as they would delay gathering necessary information for the completion of the Sanitary Sewer Master Plan.

Coordination and Review
This report was prepared by the Public Works Department in coordination with and review by the Capital Projects Department and Finance Department.

Budget/Cost Impact
Staff has identified available funds in CIP 33028 that may be used to complete this project and recommend that $33,327 be transferred from CIP 33028 to 33029.

ATTACHMENTS

1. Resolution 23-58

2. Contract Amendment 1Changes
548
Attachment 1
RESOLUTION 23-58

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO

APPROVING AN AMENDMENT TO THE CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET FOR THE CCTV INSPECTION & CLEANING OF SEWERS PROJECT (CIP 33029) FOR FISCAL YEAR 2023-24
WHEREAS, the City Council adopted the biennial Capital Improvement Program (CIP) budget for Fiscal Years 2023-24 and 2024-25 on June 28, 2023; and WHEREAS, the adopted Capital Improvement Program (CIP) includes the CCTV Inspection and Cleaning of Sewers project (CIP 33029); and WHEREAS, the City has contracted with Summit Pipelines to use CCTV to inspect and score the sanitary sewer system for the Sanitary Sewer System Master Plan (SSMP); and WHEREAS, staff would like to amend the contract with Summit Pipelines to inspect an additional 10,500 linear feet of pipeline, which will require an amendment to the existing contract to add the additional scope and $33,327 in compensation for the additional inspection work; and
WHEREAS, additional funds were identified in CIP 33028, the Backyard Gravity Sewers project, and staff is recommending a transfer of $33,327 from CIP 33028 (Backyard Gravity Sewers) to CIP 33029 (CCTV Inspection and Cleaning of Sewers) to apply to this contract amendment; and

WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City staff, and any other information provided during public meetings.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Sacramento as follows:
1) The City Council hereby approves amendments to the Capital Improvement Program (CIP) for the 2023-24 fiscal year as listed below.

SOURCES
$33,326 502-9621-5530/502-33028-5800 Backyard Gravity Sewers Total Sources
USES
$33,326 502-9621-5530/502-33029-5800 CCTV Inspection & Cleaning of Sewers
Total Uses
2) The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution.
3) This Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED by the West Sacramento City Council this 27th day of September 2023, by the following vote:

AYES:

NOES:
549
Resolution 23-58

ABSENT:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
550
Attachment 2
Summit Pipelines
PWO23-020 Wastewater CCTV Inspection
Expires 6/30/26
AMENDMENT NO. 1
to the

CONTRACT FOR SERVICES
between the

CITY OF WEST SACRAMENTO
And

SUMMIT PIPELINES
Dated April 19, 2023
This Amendment No. 1 to the Contract for Services between the City of West Sacramento and Summit Pipelines dated April 19, 2023, is made and entered into this 27th day of September 2023.

Except as expressly amended herein, the April 19, 2023Contract for Services is in full force and effect.

RECITALS
WHEREAS, the City desired a consultant to provide closed circuit television (CCTV) video inspection of municipal wastewater collecting systems; and WHEREAS, the Consultant presented a proposal for such services to the City, dated January 13, 2023 and is duly licenses, qualified, and experienced to perform those services; and WHEREAS, the City and Consultant desire to amend said contract.

NOW, THEREFORE, IT IS MUTUALLY AGREED by parties hereto to amend said agreement as follows:

I. SCOPE OF SERVICES:

The scope of services as set forth in the Contract for Services dated April 19, 2023, shall remain the same.

II. COMPENSATION:

The compensation as set forth in the Contract for Services dated April 19, 2023 shall be increased by an additional $33,326 (thirty-three thousand, three hundred twenty-six dollars) and contract shall not exceed $283,326 (two hundred eighty-three thousand three hundred twenty-six dollars).

IN WITNESS WHEREOF the parties hereto have executed this Agreement as the date herein set forth.

CITY OF WEST SACRAMENTO
By:

Aaron Laurel, City Manager

SUMMIT PIPELINES
By:

Aaron Clark, President

APPROVED AS TO FORM
By:

Jeffrey Mitchell, City Attorney
551
Attachment 2
Summit Pipelines
PWO23-020 Wastewater CCTV Inspection
Expires 6/30/26
ATTEST:

By: ________________________________________________________ Jennifer Cusmir, City Clerk
552

CITY COUNCIL AGENDA REPORT
MEETING DATE: September 27, 2023 ITEM # 21
SUBJECT:

REQUEST FOR CONSIDERATION OF ADMINISTRATIVE POLICY I-B-7 AND FIRST READING OF ORDINANCE 23-10 BANNING WEAPONS FROM CITY FACILITIES INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Jon Robinson, Deputy City Manager
City Manager’s Office
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [ X ] Action

OBJECTIVE
This report requests Council approval of Administrative Policy I-B-7 which would ban weapons from City Facilities on an interim basis, and first reading of Ordinance 23-10, which would ban weapons from City facilities permanently.

RECOMMENDED ACTION
Staff respectfully requests that the City Council:

1. Approve Administrative Policy I-B-7, which would immediately ban weapons from City facilities;

2. Waive first reading and read by title and only Ordinance 23-10, which would create an ongoing ban on weapons in City facilities; and

3. Authorize the City Manager or his designee to take any actions necessary to effectuate the security measures necessary to effectuate Administrative Policy I(B)(7) and Ordinance 23-10, including but not limited to drafting of operational protocols governing the use of scanning devices to protect resident security in City buildings, subject to approval by the City Attorney.

BACKGROUND
Over the years, the City has made multiple adjustments to its security procedures in order to assure that the City’s facilities are a safe environment for residents to interact with City staff and elected officials, and participate in the City’s civic life. When the City was first incorporated, Council meetings were held with no security measures at all. When the City began having meetings at the current City Hall in 2002, a police officer was assigned to each Council meeting to serve as Sargeant at Arms. In 2008, the City hired a security firm to have staff on site during Council and commission meetings.

To staff’s knowledge, each of these adjustments was made not based on a specific concern or threat, but rather in an effort to assure that the City was doing everything reasonably possible to make its facilities safe, in the context of the then-current security environment. Today, technological advances have made possible another improvement to the security of the City’s civic spaces. As noted in a separate report (Item 18, staff is recommending the installation of a detection system that will help assure that weapons are not carried in City facilities. This staff report recommends actions that will create the policy framework necessary for the City to enforce restrictions on weapons in City facilities.

ANALYSIS
Subject to some exceptions, California Penal Code Section 171(b) already makes it a criminal offense to carry firearms or other weapons (as defined in the statute) into local government buildings. However, California Penal Code Section 171b provides an exception for individuals with concealed weapons permits under California law.

Therefore, certain individuals can carry weapons into City facilities under existing law. Historically, the City has had no means to detect weapons that were being carried on the person of visitors to City facilities. Likewise, the City has no local policy directive to guide Police or contracted security staff in the implementation of an effort actively exclude weapons from City proceedings.

The Evolv weapons detection system described in Item 18 is very sophisticated, and can non-invasively detect firearms, knives and other weapons. However, to be effective, this device must be paired with a policy and legal framework that allows the City to deny entry to persons found to be carrying such weapons.

This report recommends a two-phase approach to creating that framework. Staff is recommending that the Council conduct a first reading of Ordinance 23-10 (see Attachment 1), which is intended to provide the primary 553
Interim Policy I-B-7 and First Reading of Ordinance 23-10 September 27, 2023

authority for the exclusion of weapons from City facilities. If the Council approves the recommended first reading this evening, and the second reading (currently scheduled for your meeting of October 18), Ordinance 23-10 would become effective following the expiration of the appeal period in mid-November.

Staff recommends putting the scanner into use as soon as it’s available and anticipates having the scanner ready to use well before the effective date of Ordinance 23-10. To provide interim authority for the use of the scanner prior to the effective date of Ordinance 23-10, staff is recommending that the Council approve Administrative Policy I-B-7 (Attachment 2), which would become effective immediately upon the Council’s approval.

Both documents contain the same essential features. Weapons of all types, including but not limited to firearms and knives, would be excluded from City facilities to the maximum extent allowable by applicable law. (This exclusion would not include City parks and other outdoor spaces, which are not practical to regulate.) The types of weapons prohibited by both the proposed administrative policy and ordinance is similar to those weapons prohibited by California Penal Code Section 171b. Once a weapon was detected, Police or security personnel would be authorized to deny entry to that person until they could demonstrate that they were no longer carrying a weapon. Violation of the proposed Administrative Policy would result in exclusion from the subject facility, while violation of the ordinance could result in misdemeanor charges. Upon enactment of Ordinance 23-10, both the policy and the ordinance would remain in effect, but in the event of a conflict, the terms of Ordinance 23-10 would govern.

The proposed Administrative Policy and Ordinance reflect a measured, common-sense approach to protecting resident safety within City facilities. As noted in Item 18, the weapons detector to be installed is safe, noninvasive, and does not create any privacy issues for persons passing through the device. Persons who are not able to demonstrate that they are not carrying a weapon can simply leave the facility, and return to gain entry when they are unarmed.

The ability to move and speak freely in public meeting spaces is central to the City’s democratic governance, and to the transparency and community engagement that are among the Council’s highest priorities. Taking reasonable measures to exclude weapons from City facilities will help preserve a healthy civic life for all residents, so staff requests the Council’s favorable consideration of its recommendations.

Environmental Considerations
This action is not a project that is subject to CEQA because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Resources Code, § 21065; CEQA Guidelines §§ 15060(c), 15378(a).)
Commission Recommendation
N/A
Strategic Plan Integration
The actions recommended in this report support the Council’s 2023 Strategic Principle of “Core Services and Infrastructure,” which includes making West Sacramento a city in which … “everyone feels safe and secure.” Alternatives
The Council’s primary alternatives are summarized below:

1. Approve interim Administrative Policy I-B-7, which would immediately bar weapons from City facilities; waive first reading and read by title and only Ordinance 23-10, which would create an ongoing ban on weapons in City facilities; and authorize the City Manager or his designee to take any actions necessary to implement the security measures necessary to effectuate Administrative Policy I-B-7 and Ordinance 23-10, including but not limited to drafting of operational protocols governing the use of scanning devices to protect resident security in City buildings, subject to approval by the City Attorney.

2. Approve staff’s recommended actions, subject to specific changes directed by the Council;

3. Decline to approve staff’s recommended actions, and direct staff to return at a future meeting with revised recommendations;

4. Decline to approve staff’s recommended actions, and direct staff not to return with revised recommendations.
554
Interim Policy I-B-7 and First Reading of Ordinance 23-10 September 27, 2023

Alternative 1 is staff’s recommended action. Staff is prepared to implement Alternative 2 at the Council’s direction; however, it should be noted that if material changes are made to Ordinance 23-10, it will require a new first reading, which will delay its effective date. Staff is prepared to implement Alternative 3 at the Council’s direction. If the Council chooses this approach, staff recommends that the implementation of the weapons scanner be delayed if necessary in order to assure that the appropriate policy framework is in place for its use.

Staff does not recommend Alternative 4, which would prevent the City from availing itself of the security benefits offered by a weapons scanner.

Coordination and Review
This report was prepared by the City Manager’s Office, in collaboration with the City Attorney.

Budget/Cost Impact
The specific actions recommended in this staff report do not have budget or cost impacts. The cost of the scanner and related expenses are being presented for Council consideration Item 18 on this evening’s agenda.

ATTACHMENTS

1. Ordinance 23-10

2. Administrative Policy I-B-7
555
2417833.2 7203.001 1
ORDINANCE 23-10

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO

BANNING WEAPONS IN SENSITIVE PLACES
The City Council of the City of West Sacramento does ordain as follows:

Section 1. Purpose and Authority. The purpose of this ordinance is to add Chapter

2.44 to the Municipal Code. The City Council enacts this ordinance in accordance with the authority granted to cities by the California Constitution and state law.

Section 2. Additions. Chapter 2.44 is hereby added to the West Sacramento Municipal Code, to read as follows:

Chapter 2.44. Prohibition on Possession of Weapons in City Facilities

2.44.010. Weapons Prohibited.

Except as permitted by Section 2.44.030, no person may carry a weapon in any Sensitive Place. This prohibition expressly applies to those in attendance at any meeting of the City Council, meetings of any City Commission or Committee, and meetings of other governmental bodies held in City Facilities.

2.44.020. Definitions.

As used in this chapter:

A. "City Facilities" means buildings owned or operated by the City of West Sacramento.

B. "Sensitive Place(s)" shall mean City Facilities and any polling place during polling.

C. "Weapon" means any of the following:

1. A firearm;

2. A deadly weapon described in California Penal Code section 17235;

3. A knife with a blade length in excess of four inches, the blade of which is fixed or is capable of being fixed in an unguarded position by the use of one or two hands; or

4. An instrument that expels a metallic projectile, such as a BB or pellet, through the force of air pressure, CO2 pressure, or spring action, or any spot marker gun or paintball gun.

2.44.030. Exceptions.

Section 2.44.010 shall not apply to, or affect, any of the following:

A. A duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the California Penal Code.

B. A person who has permission to possess the weapon in a sensitive place granted in writing by the City Manager or designee.
556
2417833.2 7203.001 2
C. A person hired by the City to act as an armed security guard during the time in which he or she is working in that capacity.

2.44.040. Use of Weapons Detection System.

The City may utilize a weapons detection system, such as a metal detector, in order to ensure compliance with this Ordinance. The City may adopt a policy which sets out the procedures for use of the weapons detection system as it deems appropriate.

2.44.050. Signage
Appropriate signage shall be placed at or near the entrances to Sensitive Places indicating that weapons are prohibited within such places and citing to this Ordinance and any policy adopted hereunder.

Section 3. Severability. If any provision of this chapter, or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this chapter, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this end the provisions of this chapter are severable.

Section 4. Effective Date and Publication. This ordinance shall take effect 30 days after its adoption, and pursuant to Resolution 99-46 was published in summary format prior to adoption, and a summary will be published within 15 days after adoption in a paper of general circulation published and circulated within the City of West Sacramento.

PASSED AND ADOPTED by the City Council of the City of West Sacramento this ____ day of __________, 20___, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Martha Guerrero, Mayor
ATTEST: Approved as to form:

Jennifer Cusmir, City Clerk Jeffrey Mitchell, City Attorney CODIFY _________ UNCODIFY ______
557
1 CITY OF WEST SACRAMENTO
ADMINISTRATIVE POLICY NUMBER: I-B-7
DATE: September 27, 2023
SUBJECT: SENSITIVE AREAS WEAPON POLICY AUTHORITY: City Council

FINDINGS AND DECLARATIONS
The City of West Sacramento ("City") City Council ("Council") finds and declares as follows:

A. The City has a compelling interest in protecting the health and safety of the public and the orderly functioning of government within its facilities. The City also has a compelling interest in ensuring that its employees, visitors and attendees at public meetings feel safe in order to accomplish their work and/or freely engage in public discourse without fear of violence.

B. The U.S. Supreme Court has stated that local government restrictions on the carrying of firearms in certain "sensitive places" to include government buildings, schools, legislative assemblies, polling places, and courthouses are consistent with the rights secured by the Second Amendment.

C. The City finds that, among other reasons, prohibiting individuals entering City buildings or public meetings from carrying certain types of weapons, and providing a screening mechanism to ensure compliance with this prohibition, will facilitate the efficient operation of government. The City further finds that the presence of weapons in its buildings and at public meetings may have a chilling effect on free speech.

PURPOSE
The purpose of this policy is to protect health, life, and property within the City; to preserve the order and security of those buildings; and to ensure free and open speech without fear of intimidation, by imposing restrictions on carrying or possessing firearms in certain City buildings.

The further purpose of this policy is to provide a process for the use of screening for weapons to ensure compliance with the prohibition against weapons in this Policy.

POLICY
Section 1. Weapons Prohibited.

Except as permitted by Section 5 of this policy, no person may carry a weapon in any sensitive place within the City. This prohibition expressly applies to those in attendance at any meeting of the City Council or any City Commission or Committee, or other governmental bodies held in City Facilities.

Section 2. Weapons Detection System.

In order to enforce the restrictions of this policy, the City may utilize walk through metal detector equipment or any other similar weapon detection systems ('WDS") aimed at detecting weapons, as the City deems appropriate. When the City uses such devices, all visitors will be subject to screening before being permitted to enter.
558
Administrative Policy I-B-7
Sensitive Areas Weapon Policy
(continued)
2 A. All persons seeking entry to a City facility covered by this Ordinance will be required to pass through a scanning device, if one is active in that location, or to pass alternate screening methods that may be in place.

B. Any person who does not pass the WDS may be subject to further screening. If the person does not pass further screening, he or she may be denied entry.

C. Any person who refuses to cooperate with the screening process may be denied entry.

D. Nothing in this policy shall limit the authority a police officer to remove contraband from a person or otherwise legally search a person.

Section 3. Definitions.

A. "City Facilities" means buildings owned or operated by the City of West Sacramento.

B. "Sensitive Place(s)" shall include:

1. City Hall and other facilities owned or operated by the City;

2. Any polling place during polling.

C. "Weapon" shall mean any of the following:

1. Any firearm;

2. Any deadly weapon described in California Penal Code section 17235;

3. Any knife with a blade length in excess of four inches, the blade of which is fixed or is capable of being fixed in an unguarded position by the use of one or two hands; or

4. Any instrument that expels a metallic projectile, such as a BB or pellet, through the force of air pressure, CO2 pressure, or spring action, or any spot marker gun or paintball gun.

Section 4. Signage.

Appropriate signage shall be placed at or near the entrances to Sensitive Places indicating that weapons are prohibited within such places and citing to this Policy and Ordinance 23-10.

Section 5. Exceptions.

A. This Policy shall not apply to, or affect, any of the following:

1. A duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the California Penal Code.

2. A person who has permission to possess the weapon in a sensitive place granted in writing by the City Manager or designee.

3. A person hired by the City to act as an armed security guard during the time in which he or she is working in that capacity.

Section 6. Severance.

If any section, subsection, clause or phase of this Policy is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Policy. 559
Administrative Policy I-B-7
Sensitive Areas Weapon Policy
(continued)
3 Section 7. Effectiveness.

This Policy shall become effective immediately upon being approved and executed.

Section 8. Conflicts
In the event that a term of this Policy conflicts with any City Ordinance, the terms of the City Ordinance shall apply.
560

CITY COUNCIL AGENDA REPORT
MEETING DATE: September 27, 2023 ITEM # 22
SUBJECT:

CONSIDERATION OF UPDATES AND APPROVAL OF JOB DESCRIPTIONS, UPDATES TO THE PUBLICLY AVAILABLE PAY SCHEDULE FOR FISCAL YEAR 2023/24, UPDATES TO ADMINISTRATIVE POLICY IV-B-10, UPDATES TO THE AUTHORIZED POSITION LIST FOR FISCAL YEAR 2023/24, AND RESOLUTION 23-78 APPROVING RELATED BUDGET

APPROPRIATIONS

RESOLUTION AND ORDINANCE TITLES

MUST BE CONSISTENT THROUGOUT THE REPORT
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Amanda Berlin, Assistant City Manager
Kaitlyn Montez, Sr. Human Resources Analyst
City Manager’s Office
ATTACHMENT [X ] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The purpose of this report is to provide sufficient information for the City Council to consider updates to the publicly available pay schedule (Classification Plan) for FY 2023/24, the revised Authorized Position List for FY 2023/24, approval of Resolution 23-78 allocating budget for the proposed changes, updates and approval of job descriptions, and Administrative Policy IV-B-10.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:

1. Approve the amended job description for the Capital Improvement Manager;

2. Approve the job description for Construction Inspection Manager;

3. Approve the job description for Construction Inspector I/II/III;

4. Approve the amended and updated Authorized Position List (APL) for Fiscal Year 2023/24;

5. Approve the amended and updated publicly available pay schedule (Classification Plan) for Fiscal Year 2023/24;

6. Approve Administrative Policy IV-B-10, Travel, Meals & Related Expense Reimbursement Policy for Elected & Appointed Officials; and

7. Approve Resolution 23-78 authorizing budget appropriations to fund the changes proposed in the revised APL, and revised Classification Plan.

BACKGROUND
Pursuant to City Personnel Rules, Section 3.4, each position in the City is required to be assigned to an appropriate classification. For each classification, a written description of the classification is required to be prepared by the City Manager and approved by the City Council. The description must include the official title of the classification and the minimum qualifications required for admission in the classification. When new classifications are added or changes in duties and responsibilities or qualifications for existing classifications are required, the City Council must approve such descriptions.

The Authorized Position List (APL) identifies the number of positions and their respective classification titles by budget unit. Staff must bring an updated Authorized Position List to the City Council for approval whenever there are changes to the number(s) of positions or budget unit(s).

The Publicly Available Pay schedule (Classification Plan) establishes the monthly and annual salary ranges for all regular authorized positions as well as the pay schedule for the Mayor, City Council members, and all extra help positions in the City. CalPERS requires the City bring updated salary ranges (Classification Plan) to the City Council whenever there are changes to the salary ranges or job titles.

The City maintains an Administrative Policy Manual which describe principles, requirements, and limitations that indicate what is to be accomplished in managing the organization. The policies are amended from time to time and City Council approval is required for new or amended policies under certain circumstances, as when the policy directly implicates elected officials.

ANALYSIS
Publicly Available Pay Schedule (Classification Plan):

The City of West Sacramento’s (City) publicly available pay schedule identifies job classifications that have been approved by City Council (e.g., accountant, administrative assistant) and the hourly rates of pay for each 561 Consideration of Job Descriptions, Publicly Available Pay Schedule, and APL For Fiscal Year 23/24, and Administrative Policy IV-B-10 September 27, 2023

classification at each step. The requested change to the publicly available pay schedule is a result of the creation of the new classifications for Construction Inspection Manager, and Construction Inspector I/II/III.

Authorized Position List & Job Descriptions:

The Authorized Position List FY 2023/24 reflects the following proposed amendments:

Capital Projects  Eliminate 1.0 FTE Engineering Assistant I/II/III from 101-9653. Add 1.0 Construction Inspection Manager to 101-9654. Retitle Engineering Assistant I/II/III to Construction Inspector I/II/III.
o Supervising Construction Inspector
 Staff recommends eliminating the current Engineering
Assistant I/II/III position, which is currently vacant due to retirement and establishing a new Construction
Inspection Manager classification. The Department
Assessment found that the Construction Facilities
Division has a potential area of improvement that would provide a defined strategy for construction management
and oversight of construction inspection activities.

The Inspection Services Section of the Department
performs public improvement inspection of work
conducted in the City’s right-of-way, storm water related permits, both for Capital Improvement projects and
private development projects. Per the Department
Assessment’s recommendation, the request is to add the
position of Construction Inspection Manager to the
Construction and Facilities Development Division to
oversee the Inspection Services Section which currently consists of five Engineering Assistants.

The Construction Inspection Manager position will
strategize and make decisions in overseeing the
inspection group. Responsibilities will include inspection scheduling, subcontractor utilization, documentation
requirements, record keeping process and procedures,
and mentorship and training of construction staff. Other duties could include, but are not limited to, evaluating permit/inspection fees, reviewing cost estimates,
constructability review, process improvements, and
overseeing inspection services.
o Inspector Series
 Staff recommends pulling the construction inspection job duties from the Engineering Assistant I/II/III job
description and creating a new series to more accurately portray the work performed by the Capital Projects
Department, Construction Inspector I/II/III. The
Construction Inspection Services Section of the Capital Projects Department performs off-site inspections for
work conducted in the right-of-way, provides stormwater related inspections and inspections on capital
improvement projects. Per the Department
Assessment’s recommendations, the request is to create
a specific classification series that more accurately
reflects the construction services nature of the position with a title more closely aligned with the position. This change will improve recruitment efforts and
communication with other departments and the public.
o Capital Improvement (CIP) Manager Job Description Update 562
Consideration of Job Descriptions, Publicly Available Pay Schedule, and APL For Fiscal Year 23/24, and Administrative Policy IV-B-10 September 27, 2023

 As a result of Capital Project’s Department Assessment, changes to update the Capital Improvement Manager
was recommended. The updates will reflect the current
duties and requirements of the CIP Manager.

City Manager's Office  Eliminate 0.5 FTE Program Manager/Senior from 110-9017. Add 1.0 FTE Program Technician I/II to 110-9017.
o The addition of the Program Technician I/II would greatly increase efficiency and ability to increase enrollment of the West Sacramento Home Run. The part time regular Program/Senior Program Manager position is not necessary with the Senior Program Manager and Business Manager taking on the majority of operations and management duties. City Council has made Home Run enrollment growth a priority on the 2023/24 Strategic Priorities Agenda, and with that growth comes increasing administrative necessity.

Economic Development &
Housing
 Add 1.0 FTE Program Technician I/II to 18-9019 limited term through December 31, 2026.
o The addition of the Program Technician I/II would provide additional support to the Program Manager/Senior to maintain and operate the City’s emergency homeless housing programs.

Duties will require engagement with West Sacramento homeless residents acting as a conduit to resources.

Administrative Policy
On August 16, 2023, an updated benefit summary was approved for the City Council which included a reimbursement for home security system installation and monthly monitoring, subject to the provisions of a future policy. Administrative Policy IV-B-10, Travel, Meals & Related Expense Reimbursement Policy for Elected & Appointed Officials has been revised to add language regarding the reimbursement parameters and process for the costs of home security equipment and installation and monthly monitoring for City Council at their primary residences. (Attachment 3.)
Environmental Considerations
Not applicable.

Commission Recommendation
Not applicable.

Strategic Plan Integration
These recommendations support the City Council’s Mission to provide Quality Municipal Services and a City government that is financially sound with a superior workforce.

Alternatives
The City Council may choose to not approve or to delay consideration of the proposed Classification Plan changes, job descriptions, APL, and Administrative Policy IV-B-10, and may choose to not approve the Authorized Position List for Fiscal Year 2023/24.

Coordination and Review
This report has been coordinated by the City Manager's Office (Human Resources Division) and the Finance Department.

Budget/Cost Impact
The changes to the positions in the Capital Projects department will result in a reduction in expected General Fund revenues estimated at ($12,496) in FY 2023/24 and ($23,505) annually ongoing starting in FY 2024/25.

Additionally, General Fund expenses are expected to increase by $40,773 in FY 2023/24 and $61,274 annually ongoing beginning in FY 2024/25 due to this change. The attached resolution requests appropriations for this change.

The addition of the limited term position in the Economic Development & Housing department is already budgeted and results in an update to the APL only.
563
Consideration of Job Descriptions, Publicly Available Pay Schedule, and APL For Fiscal Year 23/24, and Administrative Policy IV-B-10 September 27, 2023

The addition of the Program Technician to the City Manager’s office in the Home Run division has costs offset by a reduction of the 0.5 FTE Program Manager position as well as the elimination of a part time position, resulting in slight overall savings from the adopted budget.

The appropriations related to the changes in Administrative Policy IV-B-10 were approved by Council as part of Resolution 23-67 on August 16, 2023.

ATTACHMENTS

1. Amended and updated Authorized Position List (APL) for Fiscal Year 2023/24

2. Amended and updated publicly available pay schedule (Classification Plan) for Fiscal Year 2023/24

3. Revised Administrative Policy IV-B-10

4. Resolution 23-78

5. Capital Improvement Manager Job Description

6. Construction Inspection Manager Job Description

7. Construction Inspector I/II

8. Construction Inspector III
564
Authorized Position List 2023/2024
Cover Page
Approved: 9/27/2023
Effective: 9/27/2023
City of West Sacramento
Authorized Position List
Fiscal Year 2023 / 2024
Total Authorized Positions:
425.55
565
Authorized Position List 2023/2024
Capital Projects
Approved: 9/27/2023
Effective: 9/27/2023

POSITION
101-9653Engineering101-9654Inspection Engineering
101-9651Engineering Administration101-9652Facilities Development104-9657 Real Property Management Grand Total
ADMINISTRATIVE ANALYST I/II/SENIOR 1 1
CAPITAL IMPROVEMENT MANAGER 0.25 0.5 0.25 1
CONSTRUCTION INSPECTION MANAGER 1 1
CONSTRUCTION & FACILITIES DEVELOPMENT MANAGER 0.5 0.5 1 CONSTRUCTION ADMINISTRATION SPECIALIST 0.5 0.5 1
CONSTRUCTION INSPECTOR I/II/III 5 5
DIRECTOR OF CAPITAL PROJECTS 1 1
ENGINEER SERIES (ASSISTANT/ASSOCIATE/SENIOR) 7 7
ENGINEERING TECHNICIAN I/II/III 2 2
ENGINEERING/GIS TECHNICIAN 1 1
FINANCIAL SPECIALIST 1 1
INFORMATION TECHNOLOGY SPECIALIST I/II 1 1
PRINCIPAL ENGINEER 1 1
PROGRAM MANAGER/SENIOR 1 1
PROJECT MANAGER I/II/SENIOR 5 5
Grand Total 13.25 7 2.5 6.25 1 30.00
566
Authorized Position List 2023/2024
City Manager's Office
Approved: 9/27/2023
Effective: 9/27/2023

POSITION
104-9016City Manager's Office104-9022City Clerk104-9024Human Resources104-9026Community Relations104-9034Information Technology106-9020Economic Development110-9017Kids Home Run Initiative110-9018Smart City Initiatives516-9700Port Administration652-9040Flood Protection 104-9021Government Relations110-9016City Manager's Office Grand Total
ADMINISTRATIVE ANALYST I/II/SENIOR 0.5 1 0.5 2
ADMINISTRATIVE CLERK I/II/III 1 1
ASSISTANT CITY MANAGER 0.82 0.08 0.1 1
BUSINESS MANAGER 1 1
CITY CLERK 1 1
CITY MANAGER 0.55 0.2 0.25 1
DATA SERVICES MANAGER 0.5 0.5 1
DEPUTY CITY CLERK I/II/SENIOR 1.925 0.075 2
DEPUTY CITY MANAGER/DIRECTOR OF INNOVATION & TECHNOLOGY 0.34 0.33 0.33 1 ENGINEER SERIES (ASSISTANT/ASSOCIATE/SENIOR) 1 1
EXECUTIVE ASSISTANT TO THE CITY MANAGER 0.75 0.05 0.2 1 FLOOD GENERAL MANAGER 1 1
FLOOD PROTECTION PLANNER 1 1
HUMAN RESOURCES & PAYROLL TECHNICIAN I/II 4 4
HUMAN RESOURCES ANALYST/SENIOR 1 1
HUMAN RESOURCES MANAGER 1 1
INFORMATION TECHNOLOGY BUSINESS SERVICES MANAGER 1 1
INFORMATION TECHNOLOGY OPERATIONS MANAGER 1 1
INFORMATION TECHNOLOGY SPECIALIST I/II 5 5
PAYROLL ADMINISTRATOR 1 1
PORT GENERAL MANAGER 1 1
PROGRAM MANAGER/SENIOR 0.5 1 0.5 1 3
PROGRAM TECHNICIAN I/II 1 2 3
PUBLIC INFORMATION OFFICER 1 1
SECRETARY 1 1
TECHNICAL SUPPORT SPECIALIST I/II/III 3 3
Grand Total 3.12 3.925 7 2.34 10.33 0.33 4.5 0.83 2.125 5 1 0.5 41.00 567
Authorized Position List 2023/2024
Community Development
Approved: 9/27/2023
Effective: 9/27/2023

POSITION
101-9130Code Enforcement101-9655Traffic/Transportation108-9130Code Enforcement650 9310Comm Development Admin.650-9315Building Inspection650-9321Dev/Traffic Engineering 653-9661Environmental Service650-9311Planning106-9311Planning Grand Total
ADMINISTRATIVE ANALYST I/II/SENIOR 1 3 4
ASSISTANT/ASSOCIATE PLANNER 1 1
BUILDING INSPECTOR I/II/SENIOR 2.5 2.5
CHIEF BUILDING OFFICIAL 1 1
CLERK/SENIOR CLERK 1 1
CODE ENFORCEMENT MANAGER 1 1
CODE ENFORCEMENT OFFICER I/II/SENIOR 3 1 4
DIRECTOR OF COMMUNITY DEVELOPMENT 1 1
ENGINEER SERIES (ASSISTANT/ASSOCIATE/SENIOR) 1 3 4
ENGINEERING ASSISTANT I/II/III 1 1
ENVIRONMENTAL SERVICES & SUSTAINABILITY MANAGER 1 1
PERMIT SERVICES MANAGER 1 1
PERMIT TECHNICIAN I/II 2.5 0.5 3
PLANNING TECHNICIAN 1 1
PLANS EXAMINER I/II/SENIOR 1.5 1.5
PRINCIPAL ENGINEER 1 1
PRINCIPAL PLANNER 1 1
PROGRAM TECHNICIAN I/II 1 1
SECRETARY 1 1 2
SENIOR PLANNER 2 1 3
SUPERVISING TRANSPORTATION PLANNER 1 1
TRANSPORTATION PLANNER SERIES (ASSISTANT/ASSOCIATE/SENIOR) 2 2 Grand Total 5 4 1 4 8.5 5.5 5 5 1 39.00
Note: 1.0 FTE Engineer Series may be filled at lower level Engineer Assistant I/II/III or Engineering Technician I/II/III. 568
Authorized Position List 2023/2024
Economic Development & Housing
Approved: 9/27/2023
Effective: 9/27/2023

POSITION
106-9020Economic Development219-9328Parking Activities
218-9019Homeless Program
Grand Total
ADMINISTRATIVE ANALYST I/II/SENIOR 1 1
COMMUNITY INVESTMENT MANAGER 1 1
COMMUNITY INVESTMENT PLANNER SERIES (ASSISTANT/ASSOCIATE) 2 2 DIRECTOR OF ECONOMIC DEVELOPMENT & HOUSING 1 1
ECONOMIC DEVELOPMENT MANAGER 1 1
HOUSING MANAGER 1 1
PARKING MANAGER 1 1
PROGRAM MANAGER/SENIOR 2 1 3
PROGRAM TECHNICIAN I/II 1 1
SECRETARY 1 1
Grand Total 9 2 2 13.00
Note: One (1) Program Manager/Senior may be filled at a lower level Community Investment Planner Series or Administrative Analyst I/II/Senior 569
Authorized Position List 2023/2024
Finance
Approved: 9/27/2023
Effective: 9/27/2023

POSITION
104-9050Finance Administration104-9051Finance Fiscal Records104-9052Finance Revenue Collections 104-9053 Procurement & Contracting104-9054Budget & Financial Planning Grand Total
ACCOUNTANT I/II/SENIOR 2 2
ACCOUNTING TECHNICIAN I/II/III 2 5 7
ADMINISTRATIVE ANALYST I/II/SENIOR 2 2
ADMINISTRATIVE ASSISTANT 1 1
DIRECTOR OF FINANCE 1 1
FINANCE ANALYST/SENIOR 1 1
FINANCE MANAGER 1 0.2 0.8 2
FINANCE SUPERVISOR 1 1 2
PURCHASING MANAGER 1 1
Grand Total 2 6 6.2 3 1.8 19.00
570
Authorized Position List 2023/2024
Fire
Approved: 9/27/2023
Effective: 9/27/2023

POSITION
101-9153Fire - Hazardous Materials108-9151Fire Operations 101-9150Fire - Administration101-9151Fire - Operations101-9152Fire Prevention Services Grand Total
ADMINISTRATIVE ANALYST I/II/SENIOR 1 1 2
DEPUTY FIRE CHIEF 1 1
FINANCIAL SPECIALIST 1 1
FIRE BATTALION CHIEF 4 4
FIRE CAPTAIN 16 16
FIRE CHIEF 1 1
FIRE ENGINEER 15 15
FIRE FIGHTER 2 20 22
FIRE INSPECTOR/SENIOR 2 2
FIRE MARSHAL 0.9 0.1 1
PLANS EXAMINER I/II/SENIOR 1 1
Grand Total 3.9 2 4.1 55 1 66.00
571
Authorized Position List 2023/2024
Parks & Recreation
Approved: 9/27/2023
Effective: 9/27/2023

POSITION
101-9500Parks & Recreation Admin101-9510Recreation Activities254-9555Discovery Preschool Program 110-9019Homeless ProgramVarious Community Facilities Districts (CFD)213-9175Landscape & Lighting 108-9515Recreation Center101-9520Parks & Trail Maintenance110-9520Parks & Trail Maintenance Grand Total
ADMINISTRATIVE ANALYST I/II/SENIOR 1 1
BUSINESS MANAGER 1 1
CHIEF PARKS & GROUNDS WORKER 0.8 3.2 4
DIRECTOR OF PARKS & RECREATION 1 1
GROUNDSKEEPER 1 3 1 5
LANDSCAPE INSPECTOR/SENIOR 0.8 0.2 1
PARKS & GROUNDS WORKER/SENIOR 1 7 8
PARKS OPERATIONS SUPERINTENDENT 1 1
PRESCHOOL SITE SUPERVISOR 0.8 0.8
PRESCHOOL TEACHER 0.75 0.75
PROJECT MANAGER I/II/SENIOR 0.8 0.2 1
RECREATION COORDINATOR 6.56 0.44 7
RECREATION MANAGER 2 2
RECREATION SUPERVISOR I/II 6 6
SECRETARY 1 1
SPECIAL EVENTS SUPERVISOR I/II 1 1
Grand Total 5 14.56 1.55 2 2.4 0.4 0.44 14.2 1 41.55

0.8 FTE Chief Parks & Grounds Worker: Various Community Facilities Districts: 269-9176/5.01%, 269-9177/8.64%, 269-9178/16.51%, 269- 9179/12.64%, 269-9180/3.07%, 269-9181/1.45%, 269-9182/0.41%, 269-9183/7.21%, 269-9184/4.89%, 269-9185/4.63%, 269-9186/3.07%, 269-9188/1.66%, 269-9189/5.48%, 269-9193/2.43%, 269-9194/2.90%

0.8 FTE Project Manager I/II/Senior & Landscape Inspector/Senior: Various Community Facilities Districts: 269-9176/3.46%, 269-9177/9.01%, 269-9178/16.51%, 269-9179/8.01%, 269-9180/3.87%, 269-9181/1.33%, 269-9182/0.64%, 269-9183/13.69%, 269-9184/1.48%, 269- 9185/3.24%, 269-9186/4.04%, 269-9188/3.64%, 269-9189/3.82%, 269-9192/0.71%, 269-9193/2.38%, 269-9194/3.62%, 269-9195/0.55%, 572
Authorized Position List 2023/2024
Police
Approved: 9/27/2023
Effective: 9/27/2023

POSITION
101-9110Police - Administration101-9111Police - Investigations101-9113Police - Patrol101-9116Police - Traffic/ParkingSafety108-9111Police - Investigations 101-9112Police - Records101-9114Police - COS110-9019Homeless Program111-9110Police - Administration111-9113Police - Patrol101-9117Police - C.L.O. Program Grand Total
ADMINISTRATIVE ANALYST I/II/SENIOR 4 2 6
BUSINESS MANAGER 1 1
CALEA COORDINATOR 1 1
CLERK/SENIOR CLERK 1 1
COMMUNITY SERVICES OFFICER I/II/SENIOR 4 2 6
COURT LIAISON OFFICER 0.5 0.5
COURT LIAISON SPECIALIST 0.5 0.5
CRIME ANALYST I/II/SENIOR 1 1
CRIME SCENE INVESTIGATOR I/II/III 2 2
DEPUTY POLICE CHIEF 1 1
POLICE CHIEF 1 1
POLICE LIEUTENANT 2 1 2 5
POLICE OFFICER 10 43 3 1 57
POLICE RECORDS SUPERVISOR 1 1
POLICE RECORDS TECHNICIAN I/II/SENIOR 6 6
POLICE SERGEANT 1 1 8 1 2 13
POLICE SERVICES COORDINATOR 1 1
POLICE SUPPORT SERVICES MANAGER 1 1
PROGRAM MANAGER/SENIOR 1 1
PROGRAM TECHNICIAN I/II 1 1
PROPERTY/EVIDENCE TECHNICIAN I/II 2 2
SECRETARY 1 1 1 3
YOUTH COUNSELOR 1 1
Grand Total 13 17 57 4 3 9 4 2 1 2 1 113.00
NOTE: 5.0 FTE Police Officer positions in General Fund 101 designated as unfunded 573
Authorized Position List 2023/2024
Public Works O & M
Approved: 9/27/2023
Effective: 9/27/2023

POSITION
104-9325City Facility Project & Maint108-9205Street Sweeping Maintenance108-9210Road Maintenance201-9205Street Sweeping Maintenance201-9210Road Maintenance215-9230Storm Water Maint-MS4501-9410Sewer Collection506-9610Water Treatment506-9611Water Distribution506-9612Water Backflow Prevention Prg 610-9650Public Works O&M Administration104-9326Fleet Maintenance101-9212Traffic/Transportation Operations218-9019Homeless Program108-9515Recreation Center Grand Total
ADMINISTRATIVE ANALYST I/II/SENIOR 2 2
CHIEF FACILITIES MAINTENANCE WORKER 1 1
CHIEF MAINTENANCE WORKER 1 1 1 3
CHIEF TREATMENT PLANT MECHANIC 0.5 0.5 1
CLERK/SENIOR CLERK 1 1
DIRECTOR OF PUBLIC WORKS OPERATIONS & MAINTENANCE 1 1
ELECTRICAL TECHNICIAN 1 1 2
ENGINEERING ASSISTANT I/II/III* 1 1
EQUIPMENT & FACILITIES SUPERINTENDENT 0.5 0.5 1
EQUIPMENT MECHANIC I/II 3 3
FACILITIES MAINTENTANCE WORKER/AIDE/SENIOR 3 1 4
INSTRUMENTATION TECHNICIAN 1 1
MAINTENANCE WORKER/SENIOR 1 1 1 4 2 7 7 2 25
SECRETARY 1 1
SENIOR WATER TREATMENT PLANT OPERATOR 1 1
STATIONARY ENGINEER 2 1 3
TRAFFIC CONTROL & LIGHTING TECHNICIAN I/II* 1 1
TREATMENT PLANT MECHANIC I/II 2 1 3
UTILITIES MAINTENANCE SUPERINTENDENT 0.25 0.25 0.25 0.25 1 WATER METER TECHNICIAN 1 1
WATER TREATMENT PLANT OPERATOR APPRENTICE/II/III 5 5
WATER TREATMENT SUPERINTENDENT 1 1
Grand Total 6.5 1 2 1 4.25 2.25 11.75 10.5 9.25 2 5 3.5 2 1 1 63.00 Unfund 1.0 FTE Engineering Assistant I/II/II and Traffic Control & Lighting Technician I/II from 101-9112. 574
Authorized Position List 2023/2024
Summary Amendments
Approved: 9/27/2023
Effective: 9/27/2023
Date Dept Approved By Amendment
7/1/2023 Capital Projects City Council
Change 1.0 Program Manager/Senior from 106-9657 to 104-9657. Reclassify 1.0 FTE Engineering Technician I/II/III to 1.0 Engineering Assistant I/II/III in 101-9654. Title change Civil Engineer Series (Junior/Assistant/Associate/Senior) to Engineer Series (Junior/Assistant/Associate/Senior).

Title Change Information Technology Specialist to Information Technology Specialist I/II. 7/1/2023 City Manager's Office City Council
Title Change Application Support Specialist to Technical Support Specialist I/II & Information Technology Specialist to Information Technology Specialist I/II. Eliminate 2.0 FTE Technical Support Specialist I/II (1.0 FTE Due to vacant limited term ending) & 1.0 FTE Information Technology Manager from 104-9034. Add 2.0 FTE Information Technology Specialist I/II to 104-9034. Title change Civil Engineer Series (Junior/Assistant/Associate/Senior) to Engineer Series (Junior/Assistant/Associate/Senior). 7/1/2023 Community Development City Council
Change 101-9311 to 650-9311. Change 1.0 Senior Planner from 650-9311 to 106-9311. Change 1.0 Planning Technician from 650-9310 to 650- 9311. Title change Civil Engineer Series (Junior/Assistant/Associate/Senior) to Engineer Series (Junior/Assistant/Associate/Senior). Edit footnote

1.0 FTE Engineer Series may be filled at lower level Engineer Assistant I/II/III or Engineering Technician I/II/III. Add 1.0 FTE Engineer Series (Junior/Assistant/Associate/Senior) to 101-9655.
7/1/2023 Economic Development & Housing City Council Reclassify Community Investment Specialist to Community Investment Planner Series (Assistant/Associate) & 1.0 FTE Program Manager/Senior (296-9328) to Parking Manager. Add 1.0 FTE Administrative Analyst Series (I/II/Senior) to 219-9328. 7/1/2023 Finance City Council Add 1.0 Administrative Analyst Series (I/II/Senior) to 104-9053. Change 1.0 FTE Finance Analyst I/II from 104-9051 to 104-9054. Change 1.0 FTE Finance Manager from 104-9051 to 104-9054/80% & 104-9052/20%. 7/1/2023 Fire City Council Reclassify 1.0 Secretary to 1.0 Administrative Analyst Series (I/II/Senior). Remove footnote: Firefighter position(s) may be flexibly staffed at either the Firefighter or Fire Recruit level. No more than six positions may be flexibly staffed. 7/1/2023 Parks & Recreation City Council
Add 1.0 Groundskeeper to 110-9520, 1.0 Recreation Coordinator to 101-9510/56% and 108-9515/44%, and 1.0 Landscape Inspector/Senior to 213-9175/20% and Various Community Facilities Districts/80%. Change 1.0 FTE Project Manager Series (I/II/Senior) from 101-9520 to 213- 9175/20% and Various Community Facilities Districts/80%. Change 1.0 FTE Chief Parks & Grounds Worker from 101-9520/20% & 269-9179/80% to 213-9175/20% and Various Community Facilities Districts/80%. 7/1/2023 Police City Council Change 250-9117 to 101-9117. Remove footnote: Police Officer position(s) may be flexibly staffed at either the Police Officer or Police Recruit level. No more than five positions may be flexibly staffed. 7/1/2023 Public Works O&M City Council Unfund 1.0 FTE Engineering Assistant I/II/II and Traffic Control & Lighting Technician I/II from 101-9112. Add 2.0 FTE Maintenance Worker/Senior to 201-9210. Change 1.0 FTE Facilities Maintenance Worker/Aide/Senior from 104-9325 to 108-9515. 8/16/2023 Capital Projects City Council Title change Engineer Series (Junior/Assistant/Associate/Senior) to Engineer Series (Assistant/Associate/Senior). 8/16/2023 City Manager's Office City Council
Title change Engineer Series (Junior/Assistant/Associate/Senior) to Engineer Series (Assistant/Associate/Senior), IT Business Services Coordinator to Information Technology Business Services Manager, Program Associate to Program Technician I/II, Technical Support Specialist I/II to Technical Support Specialist I/II/III. Eliminate 1.0 FTE Technical Services Manager. Add 1.0 FTE Information Technology Operations Manager.
8/16/2023 Community Development City Council Title change Engineer Series (Junior/Assistant/Associate/Senior) to Engineer Series (Assistant/Associate/Senior), Transportation Planner Series (Junior/Assistant/Associate/Senior) to Transportation Planner Series (Assistant/Associate/Senior), Program Associate to Program Technician I/II. 8/16/2023 Police City Council Title change Program Associate to Program Technician I/II. 9/27/2023 Capital Projects City Council Eliminate 1.0 FTE Engineering Assistant I/II/III from 101-9653. Add 1.0 Construction Inspection Manager to 101-9654. Retitle Engineering Assistant I/II/III to Construction Inspector I/II/III.
9/27/2023 City Manager's Office City Council Eliminate 0.5 FTE Program Manager/Senior from 110-9017. Add 1.0 FTE Program Technician I/II to 110-9017. 9/27/2023 Economic Development & Housing City Council Add 1.0 FTE Program Technician I/II to 18-9019 limited term through December 31, 2026. 575
Title Page City of West Sacramento
2023/2024 Classification Plan
Approved: 9/27/2023
City of West Sacramento
Salary Schedule
Fiscal Year 2023 / 2024

576
Battalion Chief's Association City of West Sacramento
2023/2024 Classification Plan
Approved: 9/27/2023

POSITION TITLE SALARY EFFECTIVE

A B C D E MINIMUM MAXIMUM
Fire Battalion Chief 7/1/22 $9,724 $11,817 $116,688 $141,804

MONTHLY SALARY RANGE ANNUAL SALARY

577
City Manager City of West Sacramento
2023/2024 Classification Plan
Approved: 9/27/2023

POSITION TITLE SALARY EFFECTIVE

A B C D E MINIMUM MAXIMUM
City Manager 8/26/2023 23738 $284,856

MONTHLY SALARY RANGE ANNUAL SALARY

578
Confidential City of West Sacramento
2023/2024 Classification Plan
Approved: 9/27/2023

POSITION TITLE SALARY EFFECTIVE

A B C D E F G H I MINIMUM MAXIMUM
Administrative Assistant 8/26/23 5200 5330 5463 5600 5740 5884 6031 6182 6337 $62,400 $76,044 Administrative Clerk I 8/26/23 3870 3967 4066 4168 4272 4379 4488 4600 4715 $46,440 $56,580 Administrative Clerk II 8/26/23 4258 4364 4473 4585 4700 4817 4937 5060 5187 $51,096 $62,244 Administrative Clerk III 8/26/23 4503 4616 4731 4849 4970 5094 5221 5352 5486 $54,036 $65,832 Executive Assistant to the City Manager 8/26/23 5525 5663 5805 5950 6099 6251 6407 6567 6731 $66,300 $80,772 Human Resources Analyst 8/26/23 7589 7779 7973 8172 8376 8585 8800 9020 9245 $91,068 $110,940 Human Resources & Payroll Technician I 8/26/23 4503 4616 4731 4849 4970 5094 5221 5352 5486 $54,036 $65,832 Human Resources & Payroll Technician II 8/26/23 5200 5330 5463 5600 5740 5884 6031 6182 6337 $62,400 $76,044 Payroll Administrator 8/26/23 5861 6008 6158 6312 6470 6632 6798 6968 7142 $70,332 $85,704

POSITION TITLE SALARY EFFECTIVE

A B C D E MINIMUM MAXIMUM
Administrative Assistant 8/26/23 $5,213 $5,474 $5,748 $6,035 $6,337 $62,556 $76,044 Administrative Clerk I 8/26/23 $3,878 $4,072 $4,276 $4,490 $4,715 $46,536 $56,580 Administrative Clerk II 8/26/23 $4,268 $4,481 $4,705 $4,940 $5,187 $51,216 $62,244 Administrative Clerk III 8/26/23 $4,513 $4,739 $4,976 $5,225 $5,486 $54,156 $65,832 Executive Assistant to the City Manager 8/26/23 $5,537 $5,814 $6,105 $6,410 $6,731 $66,444 $80,772 Human Resources Analyst 8/26/23 $7,607 $7,987 $8,386 $8,805 $9,245 $91,284 $110,940 Human Resources & Payroll Technician I 8/26/23 $4,513 $4,739 $4,976 $5,225 $5,486 $54,156 $65,832 Human Resources & Payroll Technician II 8/26/23 $5,213 $5,474 $5,748 $6,035 $6,337 $62,556 $76,044 Payroll Administrator 8/26/23 $5,876 $6,170 $6,478 $6,802 $7,142 $70,512 $85,704 FOR EMPLOYEES HIRED BEFORE 07/01/2019

MONTHLY SALARY STEPS ANNUAL SALARY
FOR EMPLOYEES HIRED AFTER 06/30/2019

MONTHLY SALARY STEPS ANNUAL SALARY

579
Elected Officials City of West Sacramento
2023/2024 Classification Plan
Approved: 9/27/2023

POSITION TITLE SALARY EFFECTIVE

A B C D E MINIMUM MAXIMUM
City Council Member 1/1/87 $300 $3,600
Mayor 1/1/87 $300 $3,600

MONTHLY SALARY STEPS ANNUAL SALARY

580
Executive Management City of West Sacramento
2023/2024 Classification Plan
Approved: 9/27/2023

POSITION TITLE SALARY EFFECTIVE

A B C D E MINIMUM MAXIMUM
Assistant City Manager 8/26/23 $15,735 $19,123 $188,820 $229,473 Director of Capital Projects 8/26/23 $13,487 $16,391 $161,844 $196,691 Deputy City Manager/Director of Innovation & Technology 8/26/23 $13,487 $16,391 $161,844 $196,691 Director of Finance 8/26/23 $13,487 $16,391 $161,844 $196,691 Director of Community Development 8/26/23 $13,487 $16,391 $161,844 $196,691 Director of Economic Development & Housing 8/26/23 $13,487 $16,391 $161,844 $196,691 Director of Parks & Recreation 8/26/23 $13,487 $16,391 $161,844 $196,691 Director of Public Works Operations & Maintenance 8/26/23 $13,487 $16,391 $161,844 $196,691 Fire Chief 8/26/23 $14,986 $18,212 $179,832 $218,545
Flood General Manager 8/26/23 $11,989 $14,570 $143,868 $174,836 Police Chief 8/26/23 $14,986 $18,212 $179,832 $218,545
Port General Manager 8/26/23 $11,989 $14,570 $143,868 $174,836

MONTHLY SALARY RANGE ANNUAL SALARY

581
Firefighter's Association City of West Sacramento
2023/2024 Classification Plan
Approved: 9/27/2023

POSITION TITLE SALARY EFFECTIVE

A B C D E MINIMUM MAXIMUM
Fire Captain 7/1/23 8718 9154 9612 10093 10598 $127,176 $127,176 Fire Engineer 7/1/23 7593 7973 8372 8791 9231 $110,772 $110,772 Firefighter 7/1/23 6960 7308 7673 8057 8460 $83,520 $101,520

MONTHLY SALARY STEPS ANNUAL SALARY

582
Local 39 City of West Sacramento
2023/2024 Classification Plan
Approved: 9/27/2023

POSITION TITLE SALARY EFFECTIVE

A B C D E MINIMUM MAXIMUM
Accounting Technician I 7/1/23 $4,188 $4,397 $4,617 $4,848 $5,090 $50,256 $61,080 Accounting Technician II 7/1/23 $4,710 $4,945 $5,192 $5,452 $5,725 $56,520 $68,700 Accounting Technician III 7/1/23 $5,062 $5,315 $5,581 $5,860 $6,153 $60,744 $73,836 Chief Facilities Maintenance Worker 7/1/23 $6,235 $6,547 $6,874 $7,218 $7,579 $74,820 $90,948 Chief Maintenance Worker 7/1/23 $5,346 $5,613 $5,894 $6,189 $6,498 $64,152 $77,976 Chief Maintenance Worker (Possess a D3
and/or hired after 7/1/19) 7/1/23 $5,424 $5,695 $5,980 $6,279 $6,593 $65,088 $79,116 Chief Parks & Grounds Worker 7/1/23 $5,062 $5,315 $5,581 $5,860 $6,153 $60,744 $73,836 Chief Treatment Plant Mechanic 7/1/23 $6,901 $7,246 $7,608 $7,988 $8,387 $82,812 $100,644 Clerk 7/1/23 $3,470 $3,644 $3,826 $4,017 $4,218 $41,640 $50,616 Clerk, Senior 7/1/23 $3,773 $3,962 $4,160 $4,368 $4,586 $45,276 $55,032 Electrical Technician 7/1/23 $6,470 $6,793 $7,133 $7,490 $7,865 $77,640 $94,380 Engineering/GIS Technician 7/1/23 $6,469 $6,792 $7,132 $7,489 $7,863 $77,628 $94,356 Engineering Technician I 7/1/23 $4,752 $4,990 $5,240 $5,502 $5,777 $57,024 $69,324 Engineering Technician II 7/1/23 $5,331 $5,598 $5,878 $6,172 $6,481 $63,972 $77,772 Engineering Technician III 7/1/23 $6,161 $6,469 $6,792 $7,132 $7,489 $73,932 $89,868 Equipment Mechanic I 7/1/23 $4,363 $4,581 $4,810 $5,051 $5,304 $52,356 $63,648 Equipment Mechanic II 7/1/23 $4,692 $4,927 $5,173 $5,432 $5,704 $56,304 $68,448 Facilities Maintenance Aide 7/1/23 $3,181 $3,340 $3,507 $3,682 $3,866 $38,172 $46,392 Facilities Maintenance Worker 7/1/23 $4,907 $5,152 $5,410 $5,680 $5,964 $58,884 $71,568 Facilities Maintenance Worker, Senior 7/1/23 $5,400 $5,670 $5,953 $6,251 $6,564 $64,800 $78,768 Groundskeeper 7/1/23 $3,348 $3,515 $3,691 $3,876 $4,070 $40,176 $48,840 Instrumentation Technician 7/1/23 $7,174 $7,533 $7,910 $8,305 $8,720 $86,088 $104,640 Maintenance Worker 7/1/23 $4,312 $4,528 $4,754 $4,992 $5,242 $51,744 $62,904 Maintenance Worker, Senior 7/1/23 $4,765 $5,003 $5,253 $5,516 $5,792 $57,180 $69,504 Parks & Grounds Worker 7/1/23 $4,105 $4,310 $4,526 $4,752 $4,990 $49,260 $59,880 Parks & Grounds Worker, Senior 7/1/23 $4,489 $4,713 $4,949 $5,196 $5,456 $53,868 $65,472 Permit Technician I 7/1/23 $4,708 $4,943 $5,190 $5,450 $5,723 $56,496 $68,676 Permit Technician II 7/1/23 $5,062 $5,315 $5,581 $5,860 $6,153 $60,744 $73,836 Planning Technician 7/1/23 $4,710 $4,946 $5,193 $5,453 $5,726 $56,520 $68,712 Recreation Coordinator 7/1/23 $4,190 $4,399 $4,619 $4,850 $5,092 $50,280 $61,104 Recreation Supervisor I 7/1/23 $5,233 $5,495 $5,770 $6,059 $6,362 $62,796 $76,344 Recreation Supervisor II 7/1/23 $5,817 $6,108 $6,413 $6,734 $7,071 $69,804 $84,852 Revenue Supervisor 7/1/23 $5,817 $6,108 $6,413 $6,734 $7,071 $69,804 $84,852 Secretary 7/1/23 $4,687 $4,921 $5,167 $5,425 $5,696 $56,244 $68,352 Special Events Supervisor I 7/1/23 $5,233 $5,495 $5,770 $6,059 $6,362 $62,796 $76,344 Special Events Supervisor II 7/1/23 $5,817 $6,108 $6,413 $6,734 $7,071 $69,804 $84,852 Stationary Engineer 7/1/23 $5,939 $6,236 $6,548 $6,875 $7,219 $71,268 $86,628 Traffic Control & Lighting Technician I 7/1/23 $5,265 $5,528 $5,804 $6,094 $6,399 $63,180 $76,788 Traffic Control & Lighting Technician II 7/1/23 $6,161 $6,469 $6,792 $7,132 $7,489 $73,932 $89,868 FOR EMPLOYEES HIRED BEFORE 08/31/2019

MONTHLY SALARY STEPS ANNUAL SALARY

583
Local 39 City of West Sacramento
2023/2024 Classification Plan
Approved: 9/27/2023
Treatment Plant Mechanic I 7/1/23 $5,602 $5,882 $6,176 $6,485 $6,809 $67,224 $81,708 Treatment Plant Mechanic II 7/1/23 $6,161 $6,469 $6,792 $7,132 $7,489 $73,932 $89,868 Water Treatment Plant Apprentice (Steps 1-4) 7/1/23 $3,970 $4,168 $4,376 $4,595 $47,640 Water Treatment Plant Apprentice (Steps 5-9) 7/1/23 $4,824 $5,065 $5,318 $5,584 $5,863 $70,356 Water Treatment Plant Operator II 7/1/23 $5,454 $5,727 $6,013 $6,314 $6,630 $65,448 $79,560 Water Treatment Plant Operator III 7/1/23 $6,029 $6,330 $6,646 $6,978 $7,327 $72,348 $87,924 Water Treatment Plant Operator, Senior 7/1/23 $7,391 $7,761 $8,149 $8,556 $8,984 $88,692 $107,808

POSITION TITLE SALARY EFFECTIVE

A B C D E F G H I MINIMUM MAXIMUM
Accounting Technician I 7/1/23 $4,179 $4,283 $4,390 $4,500 $4,612 $4,727 $4,845 $4,966 $5,090 $50,148 $61,080 Accounting Technician II 7/1/23 $4,700 $4,817 $4,937 $5,060 $5,186 $5,316 $5,449 $5,585 $5,725 $56,400 $68,700 Accounting Technician III 7/1/23 $5,051 $5,177 $5,306 $5,439 $5,575 $5,714 $5,857 $6,003 $6,153 $60,612 $73,836 Chief Facilities Maintenance Worker 7/1/23 $6,221 $6,377 $6,536 $6,699 $6,866 $7,038 $7,214 $7,394 $7,579 $74,652 $90,948 Chief Maintenance Worker (Possess a D3
and/or hired after 7/1/19) 7/1/23 $5,411 $5,546 $5,685 $5,827 $5,973 $6,122 $6,275 $6,432 $6,593 $64,932 $79,116 Chief Parks & Grounds Worker 7/1/23 $5,051 $5,177 $5,306 $5,439 $5,575 $5,714 $5,857 $6,003 $6,153 $60,612 $73,836 Chief Treatment Plant Mechanic 7/1/23 $6,883 $7,055 $7,231 $7,412 $7,597 $7,787 $7,982 $8,182 $8,387 $82,596 $100,644 Clerk 7/1/23 $3,461 $3,548 $3,637 $3,728 $3,821 $3,917 $4,015 $4,115 $4,218 $41,532 $50,616 Clerk, Senior 7/1/23 $3,765 $3,859 $3,955 $4,054 $4,155 $4,259 $4,365 $4,474 $4,586 $45,180 $55,032 Electrical Technician 7/1/23 $6,455 $6,616 $6,781 $6,951 $7,125 $7,303 $7,486 $7,673 $7,865 $77,460 $94,380 Engineering/GIS Technician 7/1/23 $6,454 $6,615 $6,780 $6,949 $7,123 $7,301 $7,484 $7,671 $7,863 $77,448 $94,356 Engineering Technician I 7/1/23 $4,741 $4,860 $4,981 $5,106 $5,234 $5,365 $5,499 $5,636 $5,777 $56,892 $69,324 Engineering Technician II 7/1/23 $5,320 $5,453 $5,589 $5,729 $5,872 $6,019 $6,169 $6,323 $6,481 $63,840 $77,772 Engineering Technician III 7/1/23 $6,146 $6,300 $6,458 $6,619 $6,784 $6,954 $7,128 $7,306 $7,489 $73,752 $89,868 Equipment Mechanic I 7/1/23 $4,354 $4,463 $4,575 $4,689 $4,806 $4,926 $5,049 $5,175 $5,304 $52,248 $63,648 Equipment Mechanic II 7/1/23 $4,682 $4,799 $4,919 $5,042 $5,168 $5,297 $5,429 $5,565 $5,704 $56,184 $68,448 Facilities Maintenance Aide 7/1/23 $3,174 $3,253 $3,334 $3,417 $3,502 $3,590 $3,680 $3,772 $3,866 $38,088 $46,392 Facilities Maintenance Worker 7/1/23 $4,896 $5,018 $5,143 $5,272 $5,404 $5,539 $5,677 $5,819 $5,964 $58,752 $71,568 Facilities Maintenance Worker, Senior 7/1/23 $5,387 $5,522 $5,660 $5,802 $5,947 $6,096 $6,248 $6,404 $6,564 $64,644 $78,768 Groundskeeper 7/1/23 $3,340 $3,424 $3,510 $3,598 $3,688 $3,780 $3,874 $3,971 $4,070 $40,080 $48,840 Instrumentation Technician 7/1/23 $7,157 $7,336 $7,519 $7,707 $7,900 $8,098 $8,300 $8,507 $8,720 $85,884 $104,640 Maintenance Worker 7/1/23 $4,301 $4,409 $4,519 $4,632 $4,748 $4,867 $4,989 $5,114 $5,242 $51,612 $62,904 Maintenance Worker, Senior 7/1/23 $4,754 $4,873 $4,995 $5,120 $5,248 $5,379 $5,513 $5,651 $5,792 $57,048 $69,504 Parks & Grounds Worker 7/1/23 $4,095 $4,197 $4,302 $4,410 $4,520 $4,633 $4,749 $4,868 $4,990 $49,140 $59,880 Parks & Grounds Worker, Senior 7/1/23 $4,476 $4,588 $4,703 $4,821 $4,942 $5,066 $5,193 $5,323 $5,456 $53,712 $65,472 Permit Technician I 7/1/23 $4,698 $4,815 $4,935 $5,058 $5,184 $5,314 $5,447 $5,583 $5,723 $56,376 $68,676 Permit Technician II 7/1/23 $5,051 $5,177 $5,306 $5,439 $5,575 $5,714 $5,857 $6,003 $6,153 $60,612 $73,836 Planning Technician 7/1/23 $4,700 $4,817 $4,937 $5,060 $5,187 $5,317 $5,450 $5,586 $5,726 $56,400 $68,712 Recreation Coordinator 7/1/23 $4,180 $4,284 $4,391 $4,501 $4,614 $4,729 $4,847 $4,968 $5,092 $50,160 $61,104 Recreation Supervisor I 7/1/23 $5,221 $5,352 $5,486 $5,623 $5,764 $5,908 $6,056 $6,207 $6,362 $62,652 $76,344 Recreation Supervisor II 7/1/23 $5,805 $5,950 $6,099 $6,251 $6,407 $6,567 $6,731 $6,899 $7,071 $69,660 $84,852 FOR EMPLOYEES HIRED AFTER 08/31/2019

MONTHLY SALARY STEPS ANNUAL SALARY

584
Local 39 City of West Sacramento
2023/2024 Classification Plan
Approved: 9/27/2023
Revenue Supervisor 7/1/23 $5,805 $5,950 $6,099 $6,251 $6,407 $6,567 $6,731 $6,899 $7,071 $69,660 $84,852 Secretary 7/1/23 $4,674 $4,791 $4,911 $5,034 $5,160 $5,289 $5,421 $5,557 $5,696 $56,088 $68,352 Special Events Supervisor I 7/1/23 $5,221 $5,352 $5,486 $5,623 $5,764 $5,908 $6,056 $6,207 $6,362 $62,652 $76,344 Special Events Supervisor II 7/1/23 $5,805 $5,950 $6,099 $6,251 $6,407 $6,567 $6,731 $6,899 $7,071 $69,660 $84,852 Stationary Engineer 7/1/23 $5,924 $6,072 $6,224 $6,380 $6,540 $6,703 $6,871 $7,043 $7,219 $71,088 $86,628 Traffic Control & Lighting Technician I 7/1/23 $5,252 $5,383 $5,518 $5,656 $5,797 $5,942 $6,091 $6,243 $6,399 $63,024 $76,788 Traffic Control & Lighting Technician II 7/1/23 $6,146 $6,300 $6,458 $6,619 $6,784 $6,954 $7,128 $7,306 $7,489 $73,752 $89,868 Treatment Plant Mechanic I 7/1/23 $5,589 $5,729 $5,872 $6,019 $6,169 $6,323 $6,481 $6,643 $6,809 $67,068 $81,708 Treatment Plant Mechanic II 7/1/23 $6,146 $6,300 $6,458 $6,619 $6,784 $6,954 $7,128 $7,306 $7,489 $73,752 $89,868 Water Treatment Plant Apprentice 7/1/23 $4,812 $4,932 $5,055 $5,181 $5,311 $5,444 $5,580 $5,720 $5,863 $57,744 $70,356 Water Treatment Plant Operator II 7/1/23 $5,442 $5,578 $5,717 $5,860 $6,006 $6,156 $6,310 $6,468 $6,630 $65,304 $79,560 Water Treatment Plant Operator III 7/1/23 $6,014 $6,164 $6,318 $6,476 $6,638 $6,804 $6,974 $7,148 $7,327 $72,168 $87,924 Water Treatment Plant Operator, Senior 7/1/23 $7,373 $7,557 $7,746 $7,940 $8,139 $8,342 $8,551 $8,765 $8,984 $88,476 $107,808

585
Management City of West Sacramento
2023/2024 Classification Plan
Approved: 9/27/2023

POSITION TITLE SALARY EFFECTIVE

A B C D E MINIMUM MAXIMUM
Business Manager 8/26/23 $9,338 $11,348 $112,056 $136,176 Capital Improvement Manager 8/26/23 $10,369 $12,601 $124,428 $151,212 Chief Building Official 8/26/23 $10,369 $12,601 $124,428 $151,212 City Clerk 8/26/23 $10,369 $12,601 $124,428 $151,212
Code Enforcement Manager 8/26/23 $9,338 $11,348 $112,056 $136,176 Community Investment Manager 8/26/23 $9,773 $11,877 $117,276 $142,524 Construction & Facilities Development Manager 8/26/23 $10,369 $12,601 $124,428 $151,212 Construction Inspection Manager 9/27/23 $8,460 $10,282 $101,520 $123,384 Court Liaison Officer 8/26/23 $6,457 $7,847 $77,484 $94,164 Data Services Manager 8/26/23 $8,861 $10,769 $106,332 $129,228 Economic Development Manager 8/26/23 $9,773 $11,877 $117,276 $142,524 Environmental Services & Sustainability Manager 8/26/23 $9,338 $11,348 $112,056 $136,176 Equipment and Facilities Superintendent 8/26/23 $9,324 $11,331 $111,888 $135,972 Finance Manager 8/26/23 $10,369 $12,601 $124,428 $151,212 Finance Supervisor 8/26/23 $8,861 $10,769 $106,332 $129,228 Fire Marshal 8/26/23 $10,359 $12,589 $124,308 $151,068
Flood Protection Planner 8/26/23 $8,873 $10,783 $106,476 $129,396 Housing Manager 8/26/23 $9,773 $11,877 $117,276 $142,524 Human Resources Manager 8/26/23 $10,369 $12,601 $124,428 $151,212 Information Technology Business Services Manager 8/26/23 $8,861 $10,769 $106,332 $129,228 Information Technology Operations Manager 8/26/23 $9,324 $11,331 $111,888 $135,972 Parking Manager 8/26/23 $9,773 $11,877 $117,276 $142,524 Parks Operations Superintendent 8/26/23 $9,324 $11,331 $111,888 $135,972 Permit Services Manager 8/26/23 $8,460 $10,282 $101,520 $123,384 Police Support Services Manager 8/26/23 $8,873 $10,783 $106,476 $129,396 Preschool Site Supervisor 8/26/23 $5,539 $6,731 $66,468 $80,772 Principal Engineer 8/26/23 $10,771 $13,090 $129,252 $157,080 Principal Planner 8/26/23 $9,773 $11,877 $117,276 $142,524 Program Manager 8/26/23 $7,147 $8,686 $85,764 $104,232
Public Information Officer 8/26/23 $8,873 $10,783 $106,476 $129,396 Purchasing Manager 8/26/23 $8,861 $10,769 $106,332 $129,228 Recreation Manager 8/26/23 $8,861 $10,769 $106,332 $129,228 Senior Analyst 8/26/23 $8,130 $9,880 $97,560 $118,560
Senior Engineer 8/26/23 $9,753 $11,853 $117,036 $142,236 Senior Finance Analyst 8/26/23 $8,470 $10,294 $101,640 $123,528

MONTHLY SALARY RANGE ANNUAL SALARY

586
Management City of West Sacramento
2023/2024 Classification Plan
Approved: 9/27/2023

POSITION TITLE SALARY EFFECTIVE

A B C D E MINIMUM MAXIMUM

MONTHLY SALARY RANGE ANNUAL SALARY
Senior Human Resources Analyst 8/26/23 $8,470 $10,294 $101,640 $123,528 Senior Planner 8/26/23 $8,470 $10,294 $101,640 $123,528 Senior Program Manager 8/26/23 $8,873 $10,783 $106,476 $129,396 Senior Project Manager 8/26/23 $8,460 $10,282 $101,520 $123,384 Senior Transportation Planner 8/26/23 $8,470 $10,294 $101,640 $123,528 Supervising Transportation Planner 8/26/23 $9,338 $11,348 $112,056 $136,176 Utilities Maintenance Superintendent 8/26/23 $9,324 $11,331 $111,888 $135,972 Water Treatment Plant Superintendent 8/26/23 $9,773 $11,877 $117,276 $142,524

587
Police Officer's Associatio City of West Sacramento
2023/2024 Classification Plan
Approved: 9/27/2023

POSITION TITLE SALARY EFFECTIVE

A B C D E F G H I MINIMUM MAXIMUM
Code Enforcement Officer I 1/1/23 $4,408 $4,518 $4,631 $4,747 $4,866 $4,988 $5,113 $5,241 $5,372 $52,896 $64,464 Code Enforcement Officer II 1/1/23 $4,873 $4,995 $5,120 $5,248 $5,379 $5,513 $5,651 $5,792 $5,937 $58,476 $71,244 Code Enforcement Officer, Senior 1/1/23 $5,383 $5,518 $5,656 $5,797 $5,942 $6,091 $6,243 $6,399 $6,559 $64,596 $78,708 Community Services Officer I 1/1/23 $3,763 $3,857 $3,953 $4,052 $4,153 $4,257 $4,363 $4,472 $4,584 $45,156 $55,008 Community Services Officer II 1/1/23 $4,216 $4,321 $4,429 $4,540 $4,653 $4,769 $4,888 $5,010 $5,135 $50,592 $61,620 Community Services Officer, Senior 1/1/23 $4,720 $4,838 $4,959 $5,083 $5,210 $5,340 $5,473 $5,610 $5,750 $56,640 $69,000 Crime Analyst I 1/1/23 $5,448 $5,584 $5,724 $5,867 $6,014 $6,164 $6,318 $6,476 $6,638 $65,376 $79,656 Crime Analyst II 1/1/23 $6,190 $6,345 $6,504 $6,667 $6,834 $7,005 $7,180 $7,359 $7,543 $74,280 $90,516 Crime Analyst, Senior 1/1/23 $6,921 $7,094 $7,271 $7,453 $7,639 $7,830 $8,026 $8,227 $8,433 $83,052 $101,196 Crime Scene Investigator I 1/1/23 $4,526 $4,639 $4,755 $4,874 $4,996 $5,121 $5,249 $5,380 $5,515 $54,312 $66,180 Crime Scene Investigator II 1/1/23 $5,033 $5,159 $5,288 $5,420 $5,555 $5,694 $5,836 $5,982 $6,132 $60,396 $73,584 Crime Scene Investigator III 1/1/23 $5,501 $5,639 $5,780 $5,925 $6,073 $6,225 $6,381 $6,541 $6,705 $66,012 $80,460 Police Officer 1/1/23 $6,940 $7,113 $7,291 $7,473 $7,660 $7,852 $8,048 $8,249 $8,455 $83,280 $101,460 Police Records Technician I 1/1/23 $3,607 $3,697 $3,789 $3,884 $3,981 $4,081 $4,183 $4,288 $4,395 $43,284 $52,740 Police Records Technician II 1/1/23 $3,977 $4,076 $4,178 $4,282 $4,389 $4,499 $4,611 $4,726 $4,844 $47,724 $58,128 Police Records Technician, Senior 1/1/23 $4,373 $4,482 $4,594 $4,709 $4,827 $4,948 $5,072 $5,199 $5,329 $52,476 $63,948 Police Sergeant 1/1/23 $8,509 $8,722 $8,940 $9,163 $9,392 $9,627 $9,868 $10,115 $10,368 $102,108 $124,416 Police Services Coordinator 1/1/23 $4,721 $4,839 $4,960 $5,084 $5,211 $5,341 $5,475 $5,612 $5,752 $56,652 $69,024 Property & Evidence Technician I 1/1/23 $4,054 $4,155 $4,259 $4,365 $4,474 $4,586 $4,701 $4,819 $4,939 $48,648 $59,268 Property & Evidence Technician II 1/1/23 $4,460 $4,571 $4,685 $4,802 $4,922 $5,045 $5,171 $5,300 $5,433 $53,520 $65,196 Youth Counselor 1/1/23 $5,584 $5,724 $5,867 $6,014 $6,164 $6,318 $6,476 $6,638 $6,804 $67,008 $81,648

POSITION TITLE SALARY EFFECTIVE

A B C D E MINIMUM MAXIMUM
Code Enforcement Officer I 1/1/23 $4,419 $4,640 $4,872 $5,116 $5,372 $53,028 $64,464 Code Enforcement Officer II 1/1/23 $4,885 $5,129 $5,385 $5,654 $5,937 $58,620 $71,244 Code Enforcement Officer, Senior 1/1/23 $5,397 $5,667 $5,950 $6,247 $6,559 $64,764 $78,708 Community Services Officer I 1/1/23 $3,771 $3,960 $4,158 $4,366 $4,584 $45,252 $55,008 Community Services Officer II 1/1/23 $4,224 $4,435 $4,657 $4,890 $5,135 $50,688 $61,620 Community Services Officer, Senior 1/1/23 $4,730 $4,967 $5,215 $5,476 $5,750 $56,760 $69,000 Crime Analyst I 1/1/23 $5,461 $5,734 $6,021 $6,322 $6,638 $65,532 $79,656 Crime Analyst II 1/1/23 $6,206 $6,516 $6,842 $7,184 $7,543 $74,472 $90,516 Crime Analyst, Senior 1/1/23 $6,938 $7,285 $7,649 $8,031 $8,433 $83,256 $101,196 Crime Scene Investigator I 1/1/23 $4,537 $4,764 $5,002 $5,252 $5,515 $54,444 $66,180 Crime Scene Investigator II 1/1/23 $5,045 $5,297 $5,562 $5,840 $6,132 $60,540 $73,584 Crime Scene Investigator III 1/1/23 $5,516 $5,792 $6,082 $6,386 $6,705 $66,192 $80,460 FOR EMPLOYEES HIRED AFTER 06/30/2018 & PROMOTED AFTER 7/1/2022

MONTHLY SALARY STEPS ANNUAL SALARY
FOR EMPLOYEES HIRED BEFORE 07/01/2018

MONTHLY SALARY STEPS ANNUAL SALARY

588
Police Officer's Associatio City of West Sacramento
2023/2024 Classification Plan
Approved: 9/27/2023
Police Officer 1/1/23 $6,956 $7,304 $7,669 $8,052 $8,455 $83,472 $101,460 Police Records Technician I 1/1/23 $3,616 $3,797 $3,987 $4,186 $4,395 $43,392 $52,740 Police Records Technician II 1/1/23 $3,985 $4,184 $4,393 $4,613 $4,844 $47,820 $58,128 Police Records Technician, Senior 1/1/23 $4,384 $4,603 $4,833 $5,075 $5,329 $52,608 $63,948 Police Sergeant 1/1/23 $8,530 $8,956 $9,404 $9,874 $10,368 $102,360 $124,416 Police Services Coordinator 1/1/23 $4,732 $4,969 $5,217 $5,478 $5,752 $56,784 $69,024 Property & Evidence Technician I 1/1/23 $4,064 $4,267 $4,480 $4,704 $4,939 $48,768 $59,268 Property & Evidence Technician II 1/1/23 $4,470 $4,693 $4,928 $5,174 $5,433 $53,640 $65,196 Youth Counselor 1/1/23 $5,597 $5,877 $6,171 $6,480 $6,804 $67,164 $81,648

589
Police Manager's City of West Sacramento
2023/2024 Classification Plan
Approved: 9/27/2023

POSITION TITLE SALARY EFFECTIVE

A B C D E MINIMUM MAXIMUM
Police Lieutenant 1/1/23 $10,843 $13,178 $130,116 $158,136

POSITION TITLE SALARY EFFECTIVE

A B C D E F G H I MINIMUM MAXIMUM
Police Lieutenant 1/1/23 $10,817 $11,087 $11,364 $11,648 $11,939 $12,237 $12,543 $12,857 $13,178 $129,804 $158,136 FOR EMPLOYEES HIRED AFTER 06/30/2018

MONTHLY SALARY STEPS ANNUAL SALARY
FOR EMPLOYEES HIRED BEFORE 07/1/2018

MONTHLY SALARY RANGE ANNUAL SALARY

590
Recruit City of West Sacramento
2023/2024 Classification Plan
Approved: 9/27/2023

POSITION TITLE SALARY EFFECTIVE

A B C D E MINIMUM MAXIMUM
Fire Recruit 7/1/22 $5,379 $64,548
Police Recruit 1/1/23 $5,552 $66,624
FOR EMPLOYEES HIRED AFTER 06/30/2018

MONTHLY SALARY STEPS ANNUAL SALARY

591
Safety Mangement City of West Sacramento
2023/2024 Classification Plan
Approved: 9/27/2023

POSITION TITLE SALARY EFFECTIVE

A B C D E MINIMUM MAXIMUM
Deputy Fire Chief 8/26/23 $11,645 $14,152 $139,740 $169,824 Deputy Police Chief 8/26/23 $13,175 $16,011 $158,100 $192,132

MONTHLY SALARY RANGE ANNUAL SALARY

592
Specialist & Professionals City of West Sacramento
2023/2024 Classification Plan
Approved: 9/27/2023

POSITION TITLE
SALARY

EFFECTIV
E

A B C D E F G H I MINIMUM MAXIMUM
Accountant I 8/26/23 $5,861 $6,008 $6,158 $6,312 $6,470 $6,632 $6,798 $6,968 $7,142 $70,332 $85,704 Accountant II 8/26/23 $6,853 $7,024 $7,200 $7,380 $7,564 $7,753 $7,947 $8,146 $8,350 $82,236 $100,200 Administrative Analyst I 8/26/23 $5,866 $6,013 $6,163 $6,317 $6,475 $6,637 $6,803 $6,973 $7,147 $70,392 $85,764 Administrative Analyst II 8/26/23 $7,128 $7,306 $7,489 $7,676 $7,868 $8,065 $8,267 $8,474 $8,686 $85,536 $104,232 Assistant Community Investment Planner 8/26/23 $5,866 $6,013 $6,163 $6,317 $6,475 $6,637 $6,803 $6,973 $7,147 $70,392 $85,764 Assistant Engineer 8/26/23 $7,122 $7,300 $7,482 $7,669 $7,861 $8,058 $8,259 $8,465 $8,677 $85,464 $104,124 Assistant Planner 8/26/23 $5,866 $6,013 $6,163 $6,317 $6,475 $6,637 $6,803 $6,973 $7,147 $70,392 $85,764 Assistant Transportation Planner 8/26/23 $5,866 $6,013 $6,163 $6,317 $6,475 $6,637 $6,803 $6,973 $7,147 $70,392 $85,764 Associate Community Investment Planner 8/26/23 $6,864 $7,036 $7,212 $7,392 $7,577 $7,766 $7,960 $8,159 $8,363 $82,368 $100,356 Associate Engineer 8/26/23 $8,449 $8,660 $8,877 $9,099 $9,326 $9,559 $9,798 $10,043 $10,294 $101,388 $123,528 Associate Planner 8/26/23 $6,864 $7,036 $7,212 $7,392 $7,577 $7,766 $7,960 $8,159 $8,363 $82,368 $100,356 Associate Transportation Planner 8/26/23 $6,864 $7,036 $7,212 $7,392 $7,577 $7,766 $7,960 $8,159 $8,363 $82,368 $100,356 Building Inspector I 8/26/23 $6,035 $6,186 $6,341 $6,500 $6,663 $6,830 $7,001 $7,176 $7,355 $72,420 $88,260 Building Inspector II 8/26/23 $6,853 $7,024 $7,200 $7,380 $7,564 $7,753 $7,947 $8,146 $8,350 $82,236 $100,200 CALEA Coordinator 8/26/23 $7,128 $7,306 $7,489 $7,676 $7,868 $8,065 $8,267 $8,474 $8,686 $85,536 $104,232 Construction Administrative Specialist 8/26/23 $5,200 $5,330 $5,463 $5,600 $5,740 $5,884 $6,031 $6,182 $6,337 $62,400 $76,044 Construction Inspector I 9/27/23 $6,035 $6,186 $6,341 $6,500 $6,663 $6,830 $7,001 $7,176 $7,355 $72,420 $88,260 Construction Inspector II 9/27/23 $6,853 $7,024 $7,200 $7,380 $7,564 $7,753 $7,947 $8,146 $8,350 $82,236 $100,200 Construction Inspector III 9/27/23 $7,586 $7,776 $7,970 $8,169 $8,373 $8,582 $8,797 $9,017 $9,242 $91,032 $110,904 Court Liaison Specialist 8/26/23 $4,414 $4,524 $4,637 $4,753 $4,872 $4,994 $5,119 $5,247 $5,378 $52,968 $64,536 Deputy City Clerk 8/26/23 $5,200 $5,330 $5,463 $5,600 $5,740 $5,884 $6,031 $6,182 $6,337 $62,400 $76,044 Engineering Assistant I 8/26/23 $6,035 $6,186 $6,341 $6,500 $6,663 $6,830 $7,001 $7,176 $7,355 $72,420 $88,260 Engineering Assistant II 8/26/23 $6,853 $7,024 $7,200 $7,380 $7,564 $7,753 $7,947 $8,146 $8,350 $82,236 $100,200 Engineering Assistant III 8/26/23 $7,586 $7,776 $7,970 $8,169 $8,373 $8,582 $8,797 $9,017 $9,242 $91,032 $110,904 Finance Analyst 8/26/23 $7,589 $7,779 $7,973 $8,172 $8,376 $8,585 $8,800 $9,020 $9,245 $91,068 $110,940 Financial Specialist 8/26/23 $5,200 $5,330 $5,463 $5,600 $5,740 $5,884 $6,031 $6,182 $6,337 $62,400 $76,044 Fire Inspector 8/26/23 $6,035 $6,186 $6,341 $6,500 $6,663 $6,830 $7,001 $7,176 $7,355 $72,420 $88,260 Information Technology Specialist I 8/26/23 $6,343 $6,502 $6,665 $6,832 $7,003 $7,178 $7,357 $7,541 $7,730 $76,116 $92,760 Information Technology Specialist II 8/26/23 $7,128 $7,306 $7,489 $7,676 $7,868 $8,065 $8,267 $8,474 $8,686 $85,536 $104,232 Landscape Inspector 8/26/23 $6,035 $6,186 $6,341 $6,500 $6,663 $6,830 $7,001 $7,176 $7,355 $72,420 $88,260 Plans Examiner I 8/26/23 $6,035 $6,186 $6,341 $6,500 $6,663 $6,830 $7,001 $7,176 $7,355 $72,420 $88,260 Plans Examiner II 8/26/23 $6,853 $7,024 $7,200 $7,380 $7,564 $7,753 $7,947 $8,146 $8,350 $82,236 $100,200 Police Records Supervisor 8/26/23 $6,040 $6,191 $6,346 $6,505 $6,668 $6,835 $7,006 $7,181 $7,361 $72,480 $88,332 Preschool Teacher 8/26/23 $3,350 $3,434 $3,520 $3,608 $3,698 $3,790 $3,885 $3,982 $4,082 $40,200 $48,984 Preschool Teacher/Family Support Specialist 8/26/23 $3,388 $3,473 $3,560 $3,649 $3,740 $3,834 $3,930 $4,028 $4,129 $40,656 $49,548 Program Technician I 8/26/23 $4,503 $4,616 $4,731 $4,849 $4,970 $5,094 $5,221 $5,352 $5,486 $54,036 $65,832 Program Technician II 8/26/23 $5,200 $5,330 $5,463 $5,600 $5,740 $5,884 $6,031 $6,182 $6,337 $62,400 $76,044 Project Manager I 8/26/23 $6,864 $7,036 $7,212 $7,392 $7,577 $7,766 $7,960 $8,159 $8,363 $82,368 $100,356 FOR EMPLOYEES HIRED AFTER 06/30/2019

MONTHLY SALARY STEPS ANNUAL SALARY

593
Specialist & Professionals City of West Sacramento
2023/2024 Classification Plan
Approved: 9/27/2023
Project Manager II 8/26/23 $7,589 $7,779 $7,973 $8,172 $8,376 $8,585 $8,800 $9,020 $9,246 $91,068 $110,952 Senior Accountant 8/26/23 $7,586 $7,776 $7,970 $8,169 $8,373 $8,582 $8,797 $9,017 $9,242 $91,032 $110,904 Senior Building Inspector 8/26/23 $7,586 $7,776 $7,970 $8,169 $8,373 $8,582 $8,797 $9,017 $9,242 $91,032 $110,904 Senior Deputy City Clerk 8/26/23 $5,861 $6,008 $6,158 $6,312 $6,470 $6,632 $6,798 $6,968 $7,142 $70,332 $85,704 Senior Fire Inspector 8/26/23 $6,861 $7,033 $7,209 $7,389 $7,574 $7,763 $7,957 $8,156 $8,360 $82,332 $100,320 Senior Landscape Inspector 8/26/23 $6,861 $7,033 $7,209 $7,389 $7,574 $7,763 $7,957 $8,156 $8,360 $82,332 $100,320 Senior Plans Examiner 8/26/23 $7,586 $7,776 $7,970 $8,169 $8,373 $8,582 $8,797 $9,017 $9,242 $91,032 $110,904 Technical Support Specialist I 8/26/23 $4,502 $4,615 $4,730 $4,848 $4,969 $5,093 $5,220 $5,351 $5,485 $54,024 $65,820 Technical Support Specialist II 8/26/23 $5,200 $5,330 $5,463 $5,600 $5,740 $5,884 $6,031 $6,182 $6,337 $62,400 $76,044 Technical Support Specialist III 8/26/23 $6,040 $6,191 $6,346 $6,505 $6,668 $6,835 $7,006 $7,181 $7,361 $72,480 $88,332

POSITION TITLE
SALARY

EFFECTIV
E

A B C D E MINIMUM MAXIMUM
Accountant I 8/26/23 $5,876 $6,170 $6,478 $6,802 $7,142 $70,512 $85,704 Accountant II 8/26/23 $6,869 $7,212 $7,573 $7,952 $8,350 $82,428 $100,200 Administrative Analyst I 8/26/23 $5,880 $6,174 $6,483 $6,807 $7,147 $70,560 $85,764 Administrative Analyst II 8/26/23 $7,146 $7,503 $7,878 $8,272 $8,686 $85,752 $104,232 Assistant Community Investment Planner 8/26/23 $5,880 $6,174 $6,483 $6,807 $7,147 $70,560 $85,764 Assistant Engineer 8/26/23 $7,138 $7,495 $7,870 $8,264 $8,677 $85,656 $104,124 Assistant Planner 8/26/23 $5,880 $6,174 $6,483 $6,807 $7,147 $70,560 $85,764 Assistant Transportation Planner 8/26/23 $5,880 $6,174 $6,483 $6,807 $7,147 $70,560 $85,764 Associate Community Investment Planner 8/26/23 $6,881 $7,225 $7,586 $7,965 $8,363 $82,572 $100,356 Associate Engineer 8/26/23 $8,469 $8,892 $9,337 $9,804 $10,294 $101,628 $123,528 Associate Planner 8/26/23 $6,881 $7,225 $7,586 $7,965 $8,363 $82,572 $100,356 Associate Transportation Planner 8/26/23 $6,881 $7,225 $7,586 $7,965 $8,363 $82,572 $100,356 Building Inspector I 8/26/23 $6,050 $6,353 $6,671 $7,005 $7,355 $72,600 $88,260 Building Inspector II 8/26/23 $6,869 $7,212 $7,573 $7,952 $8,350 $82,428 $100,200 CALEA Coordinator 8/26/23 $7,146 $7,503 $7,878 $8,272 $8,686 $85,752 $104,232 Construction Administrative Specialist 8/26/23 $5,213 $5,474 $5,748 $6,035 $6,337 $62,556 $76,044 Construction Inspector I 9/27/23 $6,050 $6,353 $6,671 $7,005 $7,355 $72,600 $88,260 Construction Inspector II 9/27/23 $6,869 $7,212 $7,573 $7,952 $8,350 $82,428 $100,200 Construction Inspector III 9/27/23 $7,604 $7,984 $8,383 $8,802 $9,242 $91,248 $110,904 Court Liaison Specialist 8/26/23 $4,425 $4,646 $4,878 $5,122 $5,378 $53,100 $64,536 Deputy City Clerk 8/26/23 $5,213 $5,474 $5,748 $6,035 $6,337 $62,556 $76,044 Engineering Assistant I 8/26/23 $6,050 $6,353 $6,671 $7,005 $7,355 $72,600 $88,260 FOR EMPLOYEES HIRED BEFORE 07/01/2019

MONTHLY SALARY STEPS ANNUAL SALARY

594
Specialist & Professionals City of West Sacramento
2023/2024 Classification Plan
Approved: 9/27/2023
Engineering Assistant II 8/26/23 $6,869 $7,212 $7,573 $7,952 $8,350 $82,428 $100,200 Engineering Assistant III 8/26/23 $7,604 $7,984 $8,383 $8,802 $9,242 $91,248 $110,904 Finance Analyst 8/26/23 $7,607 $7,987 $8,386 $8,805 $9,245 $91,284 $110,940 Financial Specialist 8/26/23 $5,213 $5,474 $5,748 $6,035 $6,337 $62,556 $76,044 Fire Inspector 8/26/23 $6,050 $6,353 $6,671 $7,005 $7,355 $72,600 $88,260 Information Technology Specialist I 8/26/23 $6,359 $6,677 $7,011 $7,362 $7,730 $76,308 $92,760 Information Technology Specialist II 8/26/23 $7,146 $7,503 $7,878 $8,272 $8,686 $85,752 $104,232 Landscape Inspector 8/26/23 $6,050 $6,353 $6,671 $7,005 $7,355 $72,600 $88,260 Plans Examiner I 8/26/23 $6,050 $6,353 $6,671 $7,005 $7,355 $72,600 $88,260 Plans Examiner II 8/26/23 $6,869 $7,212 $7,573 $7,952 $8,350 $82,428 $100,200 Police Records Supervisor 8/26/23 $6,055 $6,358 $6,676 $7,010 $7,361 $72,660 $88,332 Preschool Teacher 8/26/23 $3,359 $3,527 $3,703 $3,888 $4,082 $40,308 $48,984 Preschool Teacher/Family Support Specialist 8/26/23 $3,397 $3,567 $3,745 $3,932 $4,129 $40,764 $49,548 Program Technician I 8/26/23 $4,513 $4,739 $4,976 $5,225 $5,486 $54,156 $65,832 Program Technician II 8/26/23 $5,213 $5,474 $5,748 $6,035 $6,337 $62,556 $76,044 Project Manager I 8/26/23 $6,881 $7,225 $7,586 $7,965 $8,363 $82,572 $100,356 Project Manager II 8/26/23 $7,608 $7,988 $8,387 $8,806 $9,246 $91,296 $110,952 Senior Accountant 8/26/23 $7,604 $7,984 $8,383 $8,802 $9,242 $91,248 $110,904 Senior Building Inspector 8/26/23 $7,604 $7,984 $8,383 $8,802 $9,242 $91,248 $110,904 Senior Deputy City Clerk 8/26/23 $5,876 $6,170 $6,478 $6,802 $7,142 $70,512 $85,704 Senior Fire Inspector 8/26/23 $6,878 $7,222 $7,583 $7,962 $8,360 $82,536 $100,320 Senior Landscape Inspector 8/26/23 $6,878 $7,222 $7,583 $7,962 $8,360 $82,536 $100,320 Senior Plans Examiner 8/26/23 $7,604 $7,984 $8,383 $8,802 $9,242 $91,248 $110,904 Technical Support Specialist I 8/26/23 $4,512 $4,738 $4,975 $5,224 $5,485 $54,144 $65,820 Technical Support Specialist II 8/26/23 $5,213 $5,474 $5,748 $6,035 $6,337 $62,556 $76,044 Technical Support Specialist III 8/26/23 $6,055 $6,358 $6,676 $7,010 $7,361 $72,660 $88,332

595
Extra Help City of West Sacramento
2023/2024 Classification Plan
Approved: 9/27/2023
POSITION TITLE SALARY EFFECTIVE Minimum Hourly Maximum Hourly Assistant Pool Manager 1/1/2023 $17.00 $17.75
Designated Level I Reserve Police Officer 1/1/2023 $25.00 $30.00 Emergency Services Coordinator 1/1/2023 $55.00 $55.00
Laborer 1/1/2023 $15.50 $18.50
Lead Program Leader 1/1/2023 $18.75 $20.50
Lead Recreation Leader 1/1/2023 $17.75 $18.75
Lifeguard/Swim Instructor 1/1/2023 $15.50 $17.00
Parking/Traffic Enforcement Officer 1/1/2023 $18.00 $20.75 Planning Commissioner 1/1/2023 $30 per meeting
Pool Manager 1/1/2023 $17.75 $18.75
Program Aide 1/1/2023 $15.50 $16.50
Program Assistant 1/1/2023 $15.50 $20.50
Program Leader 1/1/2023 $16.50 $17.75
Program Site Leader 1/1/2023 $17.75 $18.75
Recreation Aide 1/1/2023 $15.50 $15.75
Recreation Assistant 1/1/2023 $18.75 $20.50
Recreation Leader 1/1/2023 $15.75 $17.00
Retired Annuitant 1/1/2023 $15.50 $77.00
Senior Parking/Traffic Enforcement Officer 1/1/2023 $21.25 $24.00 Senior Recreation Leader 1/1/2023 $17.00 $17.75
Student Intern 1/1/2023 $15.50 $20.50
Substitute Preschool Teacher 1/1/2023 $15.50 $17.75
Salary increases at $0.25 increments with a maximum of $1.00.

596
Y Rate City of West Sacramento
2023/2024 Classification Plan
Approved: 9/27/2023

POSITION TITLE
SALARY

EFFECTIVE

MONTHLY
SALARY
STEPS
ANNUAL
SALARY
Y - Rate MAXIMUM
Senior Maintenance Worker - Y-Rate 8/27/22 $5,820 $69,840

597
1 CITY OF WEST SACRAMENTO
ADMINISTRATIVE POLICY NUMBER: IV-B-10
DATE: November 8, 2006
Revised: September 27,
2023
SUBJECT: TRAVEL, MEALS & RELATED EXPENSE

REIMBURSEMENT POLICY FOR ELECTED &

APPOINTED OFFICIALS
AUTHORITY: City Council

PURPOSE
The City’s Travel and Meal Reimbursement Administrative Policies, and this policy, provide procedures for City Officials to report and be reimbursed for official travel and business expenses or have certain expenses paid on their behalf. The following guidelines and procedures are set forth for elected and appointed officials to minimize costs, strengthen accountability, and comply with state law.

POLICY
When used in this policy, an ‘Official’ shall refer to: i) any individual elected to the City Council; ii) any individual appointed to a City board or commission by the City Council; and iii) members of any other “legislative body” as that term is defined in the Ralph M. Brown Act, Government Code Section 54952.

PROCEDURE
A. Authorized Expenses: Officials may only be reimbursed for actual and necessary expenses incurred in the performance of their official duties. Expenses incurred in connection with the following types of activities are hereby deemed authorized expenses, as long as the other requirements of this policy are met:

1. Communicating with representatives of regional, state and national government on the City’s adopted policy positions;

2. Attending educational seminars designed to improve an Official’s skill and/or knowledge;

3. Participating in regional, state and national organizations whose activities affect the City’s interests; and

4. Activities involved in implementing or seeking to implement City-approved strategies, goals and projects.

B. Non-Reimbursable Expenses: Examples of personal expenses for which the City shall not provide reimbursement include, but are not limited to:

1. The personal portion of any trip;

2. Political or charitable contributions or events;

3. Family expenses, including a partner’s expenses, when accompanying an Official on agency-related business, as well as children- or pet-related expenses; 598
Administrative Policy IV-B-10
Travel, Meals & Related Expense Reimbursement Policy for Elected & Appointed Officials (continued)
2 4. Entertainment expenses, including theater, movies (either in-room or at the theater), sporting events (including gym, massage and/or golf-related expenses), or other cultural events; and

5. Non-mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline.

C. Reimbursement for Transportation Expenses: The City will reimburse the lower of air fare or mileage. Mileage reimbursement shall be the prevailing Internal Revenue Service rate as established in Publication 463, or any other successor publication.

Air fares that are equal to or less than those available through the Enhanced Local Government Airfare Program offered through the League of California Cities, the California State Association of Counties and the State of California are presumed to be the most economical and reasonable for purposes of reimbursement under this policy.

Charges for rental vehicles may be reimbursed under this policy. Government and group rates must be used when available. Rental rates that are equal to or less than those available through the State of California’s website (www.catravelsmart.com/ default.htm) shall be considered the most economical and reasonable for purposes of reimbursement under this policy.

Taxi or shuttle fares may be reimbursed, including a fifteen percent (15%) gratuity per fare.

D. Reimbursement for Lodging Expenses: Lodging expenses shall be reimbursed or paid for when travel on official City business reasonably requires an overnight stay. If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking.

If the group rate is not available, Officials must request government rates, when available.

Lodging rates that are equal to or less than government rates are presumed to be reasonable and hence reimbursable for purposes of this policy.

In the event that government rates are not available at a given time or in a given area, lodging rates that do not exceed the Internal Revenue Service per diem rates for a given area are presumed reasonable and hence reimbursable.

E. Reimbursement for Meal Expenses: Meal expenses and associated gratuities shall not exceed the rates established in IRS Publication 463. The City shall not reimburse for costs incurred for alcohol expenses.

F. Reimbursement for Other Expenses:

1. Telephone/Fax/Cellular: Officials shall be reimbursed for actual telephone and fax expenses incurred while doing City business.

2. Internet: Officials shall be reimbursed for internet access connection and/or usage fees away from home, not to exceed twenty dollars per day, if internet access is necessary for City-related business.

3. Airport Parking: Long-term parking must be used for travel exceeding twenty-four (24) hours.
599
Administrative Policy IV-B-10
Travel, Meals & Related Expense Reimbursement Policy for Elected & Appointed Officials (continued)
3 4. Other: Baggage handling fees of up to one dollar ($1) per bag and gratuities of up to fifteen percent (15%) shall be reimbursed. Expenses for which Officials receive reimbursement from another agency are not reimbursable.

4.5. Home Security Equipment and Monitoring (City Council Only): Upon request submission with supporting documentation (e.g., invoice, receipts), each member may be reimbursed for actual one-time cost not to exceed $3,000 for home security equipment and installation at their primary residence in West Sacramento and reimbursed for actual recurring costs not to exceed $60 per month for security monitoring. Reimbursements for monthly monitoring costs to be provided on a quarterly basis.

G. Expense Report Content and Submission Deadline: All expense reimbursement requests must be submitted on an expense report form provided by the City.

Expense reports must document that the expense in question met the requirements of this policy. For example, if the meeting is with a legislator, the Official should explain whose meals were purchased and what issues were discussed.

Officials must submit their expense reports within sixty (60) days of an expense being incurred, accompanied by receipts documenting each expense.

H. Audits of Expense Reports: All expenses are subject to verification that they comply with this policy.

I. Reports to Governing Board: At the next regular meeting of the Official’s legislative body following the conference or other business for which any reimbursable expenses were incurred, each Official shall briefly report on meetings or other business attended at the City’s expense. If multiple Officials attend, a joint report may be made.

J. Compliance with Other Laws: Officials should keep in mind that some expenditures may be subject to reporting under the Political Reform Act and other laws. All agency expenditures are public records subject to disclosure under the Public Records Act and other laws.

K. Violation of This Policy: Pursuant to Government Code Section 53232.4 and this policy, use of public resources or falsifying expense reports in violation of this policy may result in penalties, including but not limited to the following:

1. Loss of reimbursement privileges;

2. Restitution to the City;

3. Civil penalties pursuant to Government Code Section 8314; and

4. Prosecution for misuse of public resources pursuant to Penal Code Section 424. 600
RESOLUTION 23-78

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO ADOPTING AMENDMENTS TO THE BUDGET FOR FISCAL YEARS 2023/24 AND 2024/25

TO FUND ONE CHANGES TO THE CAPITAL PROJECTS DEPARTMENT AUTHORIZED POSITIONS LIMITED TERM 1.0 FTE PROGRAM TECHNICIAN I/II TO ASSIST WITH THE CITY’S INTERIM HOMELESS HOUSING PROGRAM
WHEREAS, the City has implemented various initiatives to reduce the impacts and incidence of homelessness; and
WHEREAS, in 2022 the City applied for and was awarded $2,449,212 in Yolo County American Rescue Plan Act (ARPA) funds to support the acquisition of a West Sacramento motel to expand the City’s interim homeless housing program; and WHEREAS, on March 15, 2023, the City Council approved the acquisition of the former Flamingo Motel using local Measure E funds and one-time General Funds to operate an interim homeless housing program; and
WHEREAS, the Yolo County ARPA award is being used for on-going operations and supportive services for a three-year period at the new interim homeless housing program; and WHEREAS, on December 7, 2022 the City Council authorized a Program Manager and an Operations & Maintenance position to oversee the day-to-day operations of the City’s current and future interim homeless housing programs; and

WHEREAS, given the complexity of working with the homeless population, staff has determined that the addition of the interim homeless housing program at the former Flamingo Motel necessitates additional support staff to ensure successful program operation; and WHEREAS, the Capital Projects department also requested the upgrade of one Engineering Assistant II/III to a new Construction Inspection Manager position, which will reduce General Fund revenues by $23,505 annually and increase General Fund expenses by $61,274 annually; and
WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City staff, and any other information provided during public meetings.

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

1. The City Council hereby approves amendments to the budget for fiscal years 2023/24 and 2024/25 as follows:

SOURCES FY 2023/24
$(42,000) 101-9653-4790 GF Internal Work Order Revenue FY 23/24 $(35,280) 101-9653-4792 GF ICAP Revenue FY 23/24
$32,392 101-9654-4790 GF Internal Work Order Revenue FY 23/24 $32,392 101-9654-4790 GF ICAP Revenue FY 23/24
$40,733 101-0000-3110 General Fund Available Balance FY 23/24 $53,269 TOTAL SOURCES FY 2023/24
SOURCES FY 2024/25
$(86,520) 101-9653-4790 GF Internal Work Order Revenue FY 24/25 $(72,677) 101-9653-4792 GF ICAP Revenue FY 24/25
601
Resolution 23-63