Cities Index.
Agenda packet

West Sacramento City Council
September 18, 2024

Document
Agenda packet
Meeting
September 18, 2024
Body
West Sacramento City Council
Pages
33
Original file
135.5 MB
Text extracted from the city's file for reading and search. Open the original on westsac.hylandcloud.com. That file is the official record.

ABS, ELECTRONIC STABILITY CONTROL (ESC),
ROLL STABILITY CONTROL (RSC), OPTIRIDE®,
ONGUARD® AND ONLANE®, COLLECTIVELY
“ELECTRONICS”
Failure of electronic components due to overvoltage
condition, improper grounding, electrostatic discharge
(ESD), improper shielding, electromagnetic interference (EMI), or other wiring or installation issues. Malfunctions and failure codes caused by other electronic subsystem failures (data bus, engine, transmission, dashboard, etc.)

HYDRAULIC COMPONENTS
For certain components, brake fluid DOT3 or DOT4 is
used as the operating medium. Use of any other fluid will void all warranties associated with that component. For hydraulic braking applications the brake fluid is considered a maintenance item. Maintenance intervals are listed in TB1367.

COVERAGE LIMITATIONS

PRODUCT DESCRIPTION

ALL PRODUCTS
Any claim beyond 60 days from date of repair will not be accepted or honored under this warranty program.

Products purchased on an incomplete vehicle (glider) are limited to one year, 1/Unl/P.

For vehicles that operate full- or part-time outside of the United States and Canada, a 1-Year/Unlimited Miles parts only (1/Unl/P) will apply.

TOOLBOX PLUS™ DIAGNOSTIC SOFTWARE
Proper diagnostics of WABCO Electronics may require the latest version of TOOLBOX PLUS™. Additional labor due
to use of an outdated version of TOOLBOX™ software
and/or the time to purchase or install the latest version of TOOLBOX PLUS™ are not covered under product
warranty.

TERMS AND CONDITIONS

COVERAGE EXCLUSIONS

PRODUCT DESCRIPTION

ALL PRODUCTS
This Warranty shall not apply to the following, but not limited to: (1) damage to the product or its component
parts caused by incorrect use, installation, maintenance or repair, including without limitation (a) improper fit of mating components or brackets, damaged threads, cut, broken,
chafed, pinched or otherwise damaged wiring (sensors,
harnesses and connectors), (b) sensors damaged during
removal when seized in block, or associated with sensor adjustments/ alignments, and (c) damage resulting from the use or installation of non-genuine WABCO components or
materials; (2) damage to the product, its component parts, or diminished product or component part performance due to incorrect operation, deviation from approved conditions or misapplication; (3) any unauthorized disassembly of the product or its component parts including without limitation (a) obliterated, defaced or missing WABCO or WABCO
name plate, serial numbers or label identifying the device as a ZF product or WABCO component, (b) changes to sealed
adjusting screws, and (c) opening or attempted repair of non-serviceable components; (4) malfunction
of the component due to internal contamination of the
vehicle system including without limitation (a) water and other contamination damage that is due to the use of a
non-genuine air dryer cartridge or (b) valve failures due to contamination in air system, (5) complaints associated
with noise, (6) damage resulting from corrosion (including oxidation of electrical devices and connections).

AIR DRYERS
Mounting brackets (see vehicle OEM). Desiccant cartridge housing only.

AIR SYSTEM COMPONENTS
Normal wear items; Gladhand seals, dash valve knobs,
valve actuation handles, treadles, pedals.

Attachment 2
625
WARRANTY - MODEL YEAR 2021 VEHICLES
(1) What is Covered by this Commercial Warranty?
ZF CV Systems North America LLC and its North American
subsidiaries and affiliates (ZF) warrant to the owner (“Owner”) that the components listed in this publication, which have been installed by an Original Equipment Manufacturer (“OEM”) as original equipment will be free from defects in material and workmanship. This warranty coverage begins from the original in-service date to the limits provided and runs concurrently with any warranties provided by OEMs and/or any distribution agreements and/or any service contracts that cover the components listed in this publication, if any. If the components listed in this publication are covered by an OEM warranty and/or service contract, then the OEM’s warranty and/ or service contract shall supersede ZF’s warranty and Owner shall comply with all OEM’s warranty and/or service contract requirements for claims under such OEM’s warranty and/or service contract until those agreements expire.

Once those agreements expire and provided the ZF warranty has not expired under the terms stated above, the ZF warranty will be in effect until its expiration date.

Warranty coverage ends at the expiration of the applicable time period from the date of vehicle purchase by the first Owner, or, the applicable mileage limitation, whichever occurs first. Duration of coverage varies by component and vocation as detailed previously in this publication.

Some components are warranted for parts only and the Owner must pay any labor costs associated with the repair or replacement of the component. Other components are warranted for both parts and reasonable labor to repair or replace the subject component.

Additional diagnostic time due to use of an outdated version of TOOLBOX™, time to purchase or install latest version of TOOLBOX™ are the responsibility of the authorized ZF distributor networks and are not covered under product warranty. Components installed as replacements under this warranty are warranted only for the remainder of the original period of time or mileage under the original warranty. (2) Designation of Vocational Use Required. To obtain warranty coverage, each Owner must notify ZF through the OEM new truck and/or trailer dealer of the intended vocational use of the vehicle into which the WABCO components have been incorporated prior to the vehicle inservice date. This notification may be accomplished by registering the vehicle through your OEM new truck and/or trailer dealer or with ZF directly. Failure to notify ZF of (I) the intended vocational use of the vehicle or (II) a change in vocational use from that which was originally designated, will result in the application of a one year, unlimited mileage, parts only warranty (1/Unl/P) from the initial inservice date. A second Owner and each subsequent Owner must also notify ZF as to the intended vocational use of the vehicle. This notification can be sent directly to ZF or through
the OEM new truck and/or trailer dealer. The duration and mileage coverage of this warranty cannot exceed the coverage extended to the first Owner after his or her initial designation of vocational use. Coverage under ZF’s warranty requires that the application of products be properly approved pursuant to OEM and ZF, approvals. (3) What is the Cost of this Warranty? There is no charge to the Owner for this warranty.
(4) What is not Covered by this Warranty? In addition to the items listed on "Coverage Exclusions," this warranty does not cover normal wear and tear, or service items; nor does it cover a component that fails, malfunctions or is damaged as a result of (a) improper handling, storage, installation, adjustment, repair or modification including the use of unauthorized attachments or changes or modification in the vehicle’s configuration, usage, or vocation from that which was originally approved by ZF, (b) accident, fire or other casualty, natural disaster, road debris, negligence, misuse, abuse, or improper use (including loading beyond the specified maximum vehicle weight or altering engine power settings to exceed the brake system capacity), or (c) improper or insufficient maintenance (including deviation from maintenance intervals, approved lubricants, or lube levels). This warranty does not cover any component or part that is not sold by ZF. (5) To obtain service. If the owner discovers within the applicable coverage period a defect in material or workmanship, the Owner must promptly give notice to either ZF or the dealer from which the vehicle was purchased. To obtain service, the vehicle must be taken to any participating OEM dealer or ZF distributor networks' servicer. The dealer or ZF authorized servicer will inspect the vehicle and contact ZF for an evaluation of the claim. When authorized by ZF, the dealer or ZF authorized servicer will repair or replace during the term of this warranty any defective WABCO component covered by this warranty. (6) Disclaimer of Warranty and Limitation of remedies. TO THE MAXIMUM

EXTENT PERMITTED BY LAW, THE LIMITED WARRANTY SET

FORTH HEREIN IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER

WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF

LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY

IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A

PARTICULAR PURPOSE AND/OR WARRANTY FOR HIDDEN OR

LATENT DEFECTS, AND IN NO EVENT WILL ZF OR ANY OF ITS

AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL,

PROGRESSIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY
KIND.

TERMS AND CONDITIONS
Attachment 2
626
(7) Legal action. Any legal action or claim arising from or related to this Warranty, in contract or otherwise, must be commenced within one year from the accrual of that cause of action, or be barred forever. Any dispute arising in connection with this agreement shall be governed by and construed according to the laws of the State of Michigan and be brought, heard and determined exclusively in either the Circuit Court for the County of Oakland, State of Michigan or the United States District Court for the Eastern District of Michigan. The parties stipulate that the referenced venues are convenient.
(8) Remedy. The exclusive remedy under this warranty shall be the repair or replacement of the defective component at ZF's option. ZF reserves the right to require that all applicable covered components are available and/or returned to ZF for review
and evaluation. THE MAXIMUM LIABILITY, IF ANY, OF ZF FOR ALL

DAMAGES, INCLUDING WITHOUT LIMITATION CONTRACT

DAMAGES, BREACH OF WARRANTY, NEGLIGENCE, STRICT

LIABILITY, OR OTHER TORT, IS LIMITED TO AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE OF THE PRODUCT and where
indicated in the product and application warranty information above, the inclusion of labor is limited to the standard repair time. THE

PARTIES ACKNOWLEDGE AND AGREE THAT THE LIMITATION

OF DAMAGES PROVISION SET FORTH IN THIS PARAGRAPH

SURVIVES BETWEEN THE ORIGINAL END USER AND ZF EVEN IF

THE EXCLUSIVE REMEDY SET FORTH ABOVE IS DEEMED TO FAIL
OF ITS ESSENTIAL PURPOSE. ZF may change the design or make improvements to its Products without incurring any warranty obligation for previously manufactured Product .
(9) Entire Agreement. This is the entire agreement between ZF and the Owner about warranty and no, ZF employee, or dealer is authorized to make any additional warranty on behalf of ZF unless in writing and signed by an authorized representative of ZF.

Attachment 2
627
About ZF Friedrichshafen AG
ZF is a global technology company and supplies systems for passenger cars, commercial vehicles and industrial technology, enabling the next generation of mobility. ZF allows vehicles to see, think and act. In the four technology domains Vehicle Motion Control, Integrated Safety, Automated Driving, and Electric Mobility, ZF offers comprehensive solutions for established vehicle manufacturers and newly emerging transport and mobility service providers. ZF electrifies different kinds of vehicles. With its products, the company contributes to reducing emissions and protecting the climate.

ZF, which acquired WABCO Holdings Inc. on May 29, 2020, now has 160,000 employees worldwide with approximately 260 locations in 41 countries. In 2019, the two then-independent companies achieved sales of €36.5 billion (ZF) and $3.4 billion (WABCO). For more information, visit: www.wabco-na.com
© 2021 ZF CV Systems North America LLC - All rights reserved - SP1375 / 2.2021 For further product details contact your distributor or the WABCO Customer Care Center at 855-228-3203.

Attachment 2
628
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0012

1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL

OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

2. DISCLAIMERS OF WARRANTIES
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.

This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This warranty applies only to the cab tubular support and mounting structures and other structural components of the cab of the vehicle model, as identified in the Pierce
specifications for the Fire and Rescue Apparatus.

This warranty does not apply to damage caused by corrosion.

Conditions and
Exclusions:

See Also
Paragraphs
2 thru 4
Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:

Fire and Rescue Apparatus
Coverage:

Ten (10) Year Structural Integrity
Custom Cab
Ten (10) Years
- or -
100,000 Miles
Warranty Period
Ends After:

The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:

The Pierce Custom Cab shall be free from structural failures caused by defects in material and workmanship
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.

If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.

Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.

3. BUYER'S EXCLUSIVE REMEDY.

Attachment 2
629

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.

If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.

Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.

3. BUYER'S EXCLUSIVE REMEDY.

Fire and Rescue Apparatus
Coverage:

Ten (10) Year Pro-Rated Paint and Corrosion
Cab
Ten (10) Years Warranty Period
Ends After:

The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:

Exterior surfaces of the cab painted by Pierce shall be free from blistering, peeling, corrosion or any other adhesion defect caused by defective manufacturing methods or paint material selection.
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:

Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0055

1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL

OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

2. DISCLAIMERS OF WARRANTIES
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.

This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This limited warranty is applicable to the vehicle in the following percentage costs of warranty repair, if any:

Topcoat Durability & Appearance: Gloss, Color Retention & Cracking
0-72 months 100%
73-96 months 50%
97-120 months 25%
Integrity of Coating System: Adhesion, Blistering/Bubbling 0-36 months 100%
37-84 months 50%
85-120 months 25%
Corrosion: Dissimilar Metal and Crevice
0-36 months 100%
37-48 months 50%
49-72 months 25%
73-120 months 10%
Corrosion Perforation
0-120 months 100%
This limited warranty applies only to exterior paint. Paint on the vehicle's interior is warranted only under the Pierce Basic One Year Limited Warranty.

Items not covered by this warranty include:
(a) Damage from lack of maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and maintenance manual).
(b) UV paint fade.
(c) Any cab not manufactured by Pierce.

Conditions and
Exclusions:

See Also
Paragraphs
2 thru 4
Attachment 2
630
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0014

1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL

OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

2. DISCLAIMERS OF WARRANTIES
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.

This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This limited warranty applies to all of the control modules for the Command Zone system, including the full color graphic displays. Related wire harnesses, cables and connectors are not covered under this limited warranty and are instead covered under the Pierce One Year Basic Apparatus Limited Warranty.

Conditions and
Exclusions:

See Also
Paragraphs
2 thru 4
Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:

Fire and Rescue Apparatus
Coverage:

Five (5) Year Material and Workmanship
Command Zone Electronics
Five (5) Years Warranty Period
Ends After:

The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:

Command Zone control modules shall be free from failures caused by defects in material and workmanship
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.

If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.

Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.

3. BUYER'S EXCLUSIVE REMEDY.

Attachment 2
631
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 1/11/2011 WA0188

1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL

OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

2. DISCLAIMERS OF WARRANTIES
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.

This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This limited warranty does not apply to related wire
harnesses, cables, and connectors, which are covered by the Pierce one (1) year basic apparatus limited warranty.

Conditions and
Exclusions:

See Also
Paragraphs
2 thru 4
Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:

Fire and Rescue Apparatus
Coverage:
54 Months Material and Workmanship
Camera System
Fifty - Four (54) months Warranty Period
Ends After:

Warranty Begins: The date of delivery.

This limited warranty covers repairs to correct any defect related to materials or workmanship of the Sharpvision
camera system installed on the apparatus occuring during the warranty period.
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.

If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.

Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.

3. BUYER'S EXCLUSIVE REMEDY.

Attachment 2
632
Fire and Rescue Apparatus
Coverage:

Ten (10) Year Material and Workmanship
Pierce 12V LED Strip Light
Limited Warranty
Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:

This limited warranty covers repairs to correct any defect related to materials or workmanship of the Pierce 12V LED strip lights installed on the apparatus occuring during the warranty period.

1. LIMITED WARRANTY
(b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:

This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This limited warranty does not apply to related wire
harnesses, cables, and connectors, which are covered by the Pierce one (1) year basic apparatus limited warranty.

Conditions and
Exclusions:

See Also
Paragraphs
2 thru 4

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.

If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.

Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.

3. BUYER'S EXCLUSIVE REMEDY.
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce.

Ten (10) Year Warranty Period
Ends After:

Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 7/5/2011 WA0203
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL

OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

2. DISCLAIMERS OF WARRANTIES
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.

Attachment 2
633

NEW PRODUCT WARRANTY

PARTICIPATING OEM SALES

DISTRIBUTOR SALES

LIMITED WARRANTY ON NEW ALLISON AUTOMATIC TRANSMISSIONS

USED IN EMERGENCY VEHICLE APPLICATIONS
Allison Transmission will provide for repairs or replacement, at its option, during the warranty period of each new Allison transmission listed below that is installed in an Emergency Vehicle in accordance with the following terms, conditions, and limitations.

WHAT IS COVERED
 WARRANTY APPLIES — This warranty is for new Allison transmission models listed below installed in an Emergency Vehicle and is provided to the original and any subsequent owner(s) of the vehicle during the warranty period.  REPAIRS COVERED — The warranty covers repairs or replacement, at Allison Transmission’s option, to correct any transmission malfunction resulting from defects in material or workmanship occurring during the warranty period. Needed repairs or replacements will be performed using the method Allison Transmission determines most appropriate under the circumstances.  TOWING — Towing is covered to the nearest Allison Transmission Distributor or authorized Dealer only when necessary to prevent further damage to your transmission.
 PAYMENT TERMS — Warranty repairs, including parts and labor, will be covered per the schedule shown in the chart contained in section “APPLICABLE MODELS, WARRANTY LIMITATIONS, AND ADJUSTMENT SCHEDULE.”  OBTAINING REPAIRS — To obtain warranty repairs, take the vehicle to any Allison Transmission Distributor or authorized Dealer within a reasonable amount of time and request the needed repairs. A reasonable amount of time must be allowed for the Distributor or Dealer to perform necessary repairs.
 TRANSMISSION REMOVAL AND REINSTALLATION — Labor costs for the removal and re-installation of the transmission, when necessary to make a warranty repair, are covered by this warranty.  WARRANTY PERIOD — The warranty period for all coverages shall begin on the date the transmission is delivered to the first retail purchaser, with the following exception:

Demonstration Service - A transmission in a new truck or bus may be demonstrated to a total of 5000 miles (8000 kilometers).

If the vehicle is within this limit when sold to a retail purchaser, the warranty start date is the date of purchase. Normal warranty services are applicable to the demonstrating Dealer. Should the truck or bus be sold to a retail purchaser after these limits are reached, the warranty period will begin on the date the vehicle was first placed in demonstration service and the purchaser will be entitled to the remaining warranty.

APPLICABLE MODELS, WARRANTY LIMITATIONS, AND ADJUSTMENT SCHEDULE

WARRANTY LIMITATIONS
(Whichever occurs first)

ADJUSTMENT CHARGE TO BE

APPLICABLE PAID BY THE CUSTOMER
MODELS
Months
Transmission Miles
Or Kilometers Parts Labor
MT, MD
3000, 3200, 3500, 3700 0–24 No Limit No Charge No Charge HT with Hydraulic Controls 0–24 No Limit No Charge No Charge AT, 1000 Series, 2000 Series,
2400 Series 0–36 No Limit No Charge No Charge
HT with Electronic Controls 0–60 No Limit No Charge No Charge HD
1000 EVS, 2100 EVS, 2200 EVS
2350 EVS, 2500 EVS, 2550 EVS,
3000 EVS, 3500 EVS, 4000,
4000 EVS, 4500, 4500 EVS, 4700,
4700 EVS, 4800, 4800 EVS
0–60 No Limit No Charge No Charge

Page 1 of 2 ends

Attachment 2
634

WHAT IS NOT COVERED
 DAMAGE DUE TO ACCIDENT, MISUSE, or ALTERATION — Defects and damage caused as the result of any of the following are not covered:
— Flood, collision, fire, theft, freezing, vandalism, riot, explosion, or objects striking the vehicle; — Misuse of the vehicle;
— Installation into unapproved applications and installations; — Alterations or modification of the transmission or the vehicle, and — Damage resulting from improper storage (refer to long-term storage procedure outlined in the applicable Allison Service Manual) — Anything other than defects in Allison Transmission material or workmanship NOTE: This warranty is void on transmissions used in vehicles currently or previously titled as salvaged, scrapped, junked, or totaled.  CHASSIS, BODY, and COMPONENTS — The chassis and body company (assemblers) and other component and equipment manufacturers are solely responsible for warranties on the chassis, body, component(s), and equipment they provide. Any transmission repair caused by an alteration(s) made to the Allison transmission or the vehicle which allows the transmission to be installed or operated outside of the limits defined in the appropriate Allison Installation Guideline is solely the responsibility of the entity making the alteration(s).  DAMAGE CAUSED by LACK of MAINTENANCE or by the USE of TRANSMISSION FLUIDS NOT RECOMMENDED in the OPERATOR’S MANUAL — Defects and damage caused by any of the following are not covered:
— Failure to follow the recommendations of the maintenance schedule intervals applicable to the transmission; — Failure to use transmission fluids or maintain transmission fluid levels recommended in the Operator’s Manual.  MAINTENANCE — Normal maintenance (such as replacement of filters, screens, and transmission fluid) is not covered and is the owner’s responsibility.
 REPAIRS by UNAUTHORIZED DEALERS — Defects and damage caused by a service outlet that is not an authorized Allison Transmission Distributor or Dealer are not covered.
 USE of OTHER THAN GENUINE ALLISON TRANSMISSION PARTS — Defects and damage caused by the use of parts that are not genuine Allison Transmission parts are not covered.  EXTRA EXPENSES — Economic loss and extra expenses are not covered. Examples include but are not limited to: loss of vehicle use; inconvenience; storage; payment for loss of time or pay; vehicle rental expense; lodging; meals; or other travel costs.  “DENIED PARTY” OWNERSHIP — Warranty repair parts and labor costs are not reimbursed to any participating or non-participating OEMs, dealers or distributors who perform warranty work for, or on behalf of, end users identified by the United States as being a “denied party” or who are citizens of sanctioned or embargoed countries as defined by the U.S. Department of Treasury Office of Foreign Assets Control. Furthermore, warranty reimbursements are not guaranteed if the reimbursement would be contrary to any United States export control laws or regulations as defined by the U.S. Department of Commerce, the U.S. Department of State, or the U.S. Department of Treasury.

OTHER TERMS APPLICABLE TO CONSUMERS AS DEFINED by the MAGNUSON-MOSS WARRANTY ACT This warranty gives you specific legal rights and you may also have other rights which vary from state to state.

Allison Transmission does not authorize any person to create for it any other obligation or liability in connection with these transmissions.

ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLICABLE TO THESE TRANSMISSIONS IS LIMITED IN DURATION TO THE DURATION OF THIS WRITTEN WARRANTY.

PERFORMANCE OF REPAIRS AND NEEDED ADJUSTMENTS IS THE EXCLUSIVE REMEDY UNDER THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY. ALLISON TRANSMISSION SHALL NOT BE LIABLE FOR INCIDENTAL OR

CONSEQUENTIAL DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOST WAGES OR VEHICLE RENTAL EXPENSES) RESULTING FROM BREACH OF THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY.** ** Some states do not allow limitations on how long an implied warranty will last or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

OTHER TERMS APPLICABLE TO OTHER END-USERS

THIS WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE ALLISON TRANSMISSION MODELS LISTED

ABOVE AND IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALLISON

TRANSMISSION DOES NOT AUTHORIZE ANY PERSON TO CREATE FOR IT ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH SUCH TRANSMISSIONS. ALLISON TRANSMISSION SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM BREACH OF THIS WARRANTY OR ANY IMPLIED WARRANTY.

QUESTIONS
If you have any questions regarding this warranty or the performance of warranty obligations, you may contact any Allison Transmission Distributor or Dealer or write to:

Allison Transmission, Inc.

P.O. Box 894
Indianapolis, IN 46206-0894
Attention: Warranty Administration PF-9
Form SE0616EN (201009)

Page 2 of 2 ends

Attachment 2
635
Warranty Begins:

The transmission cooler shall be free from component or structural failures caused by defects in material and/or workmanship. Collateral damage up to $10,000 per
occurrence is available for the first three (3) years.
(b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce.

Five (5) Years on Oil Cooler and three (3) years on collateral damage coverage
Warranty Period
Ends After:

Fire and Rescue Apparatus
Coverage:

Five (5) Year Material and Workmanship - Transmission Oil Cooler Three (3) Year Collateral Damage Coverage

1. LIMITED WARRANTY
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:

The date of delivery to the first retail purchaser.

This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This warranty does not cover repair due to accidents,
misuse, and excessive vibration, flying debris, storage damage (freezing), negligence or modification. This warranty is void if any modification or repairs are performed without authorization. This also voids any future warranty.

This warranty does not cover cost of maintenance or repairs due to lack of required maintenance services as
recommended. Performance of the required maintenance
and use of proper fluids are the responsibility of the owner.

Towing is covered to the nearest distributor or authorized dealer only when necessary to prevent further damage to your transmission.

Labor costs for the removal and reinstallation of goods may be covered when necessary to make repairs. Please contact your OEM for authorization.

Replacement of cooler during the warranty period is limited to 100% of reasonable labor costs up to a maximum of $700 to remove, replace, or repair the oil cooler.

Conditions and
Exclusions:

See Also
Paragraphs
2 thru 4

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE
POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.

If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.

Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.

3. BUYER'S EXCLUSIVE REMEDY.

Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/22/2012 WA0216
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES

ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

2. DISCLAIMERS OF WARRANTIES
capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.

Attachment 2
636
United Plastic Fabricating, Inc. (hereinafter called “UPF”) warrants each POLY-TANK®, Booster/Foam Tank POLYSIDE® Wetside Tank, Integrator Tank/Body, ELLIPSE™ Elliptical Tank, Ellip-T-Tank Tank and DEFENDER™ Skid Tank to be free from defects in material and workmanship for the service life of the original vehicle (vehicle must be actively used in an emergency response for fire suppression). All UPF Tanks must be installed and operated in accordance with the UPF Installation and Operating Guidelines. Failure to do so can void the warranty.

Every UPF Tank is inspected and tested before leaving our facility. Should your UPF Tank require service, please notify UPF via email, fax, in writing or by calling UPF at 1-978-975-4520. Please provide the serial number, a description of the service request, the location along with the phone number and name of the contact person. Our goal is to have scheduled work completed within a reasonable time period.

Under a valid warranty claim, UPF will cover the cost to repair the UPF Tank including the customary and reasonable costs to make the tank accessible such as the removal and reinstallation of the tank if authorized in advance (pre-approved) by UPF. The warranty will not cover tanks that have been improperly installed, operated, misused, abused, or modified from its intended or designed use. Serial number must not have been altered, defaced or removed. Tanks that are not stored or installed properly which results in the tank suffering UV damage will not be covered by this agreement.

Should UPF determine that the service claim is valid under this warranty for a tank located outside of the United States and Canada, UPF will assume the costs for labor and material for the warranty repair as described above plus all travel costs to the U.S. port of embarkation. Costs for airline travel outside of the U.S. and Canada will not be the responsibility of UPF.

In the event the tank shall become stationed in an area of the world that is considered to be a war zone or where unsafe conditions exist for the safe passage of United States Nationals, as reported by the United States Department of State, (http://www.state.gov), and a request to perform service or warranty repairs, UPF reserves the right to refuse to honor such requests. It is the purchaser’s responsibility to relocate the tank to an area where such repairs can be performed without undue risk to UPF employees or their designee. UPF will make every reasonable effort to support our products though alternative means.

For Ellipse™ elliptical tanks, a separate five year warranty provided by the subcontractor is applied to the sub-frames, chute linings (rubber isolation strips) and metal components. The stainless steel wrap provided by UPF shall be warranted by the subcontractor performing the wrap installation in accordance with their warranty in place at the time of the installation. UPF will not be liable for any warranty costs associated with the wrap, sub-frames, chute linings (rubber isolation strips) and metal components but will assist with all claims on behalf of its customer.

For PolySide® wetsided tanks and Integrator™ Tank/Body units, all polypropylene components related to the tank shall carry the standard UPF lifetime

WARRANTY
FOR: POLY-TANK®, POLYSIDE®, INTEGRATOR™, ELLIPSE™, ELLIP-T-TANK™ & DEFENDER™ UNITED PLASTIC FABRICATING, INC.

LIFETIME SERVICE WARRANTY
Continued on back
E f f e c t i v e 1 A u g u s t , 2 0 0 9
Attachment 2
637
service warranty. Other polypropylene components, including but not limited to compartments, wheel wells, fenders and other body related components shall be warranted by UPF for a period of ten years. The warranty for the PolySide® and Integrator™ units excludes paint or hardware, which shall be covered by the manufacturer of the paint/hardware.

All UPF tanks 50 gallons or less utilized for non-fire applications and installed on specialty vehicles such as ATVs, trailers, boats, etc. are covered under a separate warranty policy available from UPF. Further, UPF Protector™ foam and water trailers are warranted under a separate warranty policy available from UPF.

This UPF warranty is transferable within the United States only with prior written approval by UPF (except an original apparatus manufacturer may assign this warranty to the first titled owner/lessee of the apparatus).

UPF will NOT reimburse any unnecessary work and/or work that has not been pre-approved. Any and all third party charges must be preauthorized and approved in writing by UPF prior to commencing the work. Any unauthorized third party repairs, alterations, actions or modifications will not be covered and can void the warranty. UPF will be the sole determining authority as to whether a service claim will be valid and covered under this warranty.

In no event will UPF be liable for an amount in excess of the purchase price of the booster/foam tank at the time of manufacture or for any loss or damage, whether direct, indirect, incidental, consequential, or otherwise arising out of failure of its product. Loss of contents (water, foam, etc.) shall not be the responsibility of UPF. Further, UPF is not responsible for costs associated with service repairs to chassis, sub-frames, bodies, valves, dumps, hoses, pressure vacuum vents, and other components (i.e. liquid level transducers, etc.). Further, UPF will not cover the cost for travel of the vehicle to and from a repair facility.

This warranty contains the entire warranty. It is the sole warranty and price agreements or representation, whether oral or written, are either merged herein or expressly cancelled. UPF neither assumes, nor authorizes any person supposing to act on its behalf to change, nor assume for it, any warranty or liability concerning its product.

This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Some states do not allow exclusion or limitation or incidental or consequential damage, so the above limitation or exclusion may not apply to you. Since some states do not allow limitations on the length of an implied warranty, the above limitation may not apply to you.

THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE FACE HEREOF. THERE IS

NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR A
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, THIS WARRANTY IS IN LIEU OF ALL OTHER OBLIGATION OR LIABILITIES ON THE PART OF UPF.

WARRANTY
FOR: POLY-TANK®, POLYSIDE®, INTEGRATOR™, ELLIPSE™, ELLIP-T-TANK™ & DEFENDER™ UNITED PLASTIC FABRICATING, INC.

POLY-TANK®,& POLYSIDE® are registered trademarks of UPF, Inc. INTEGRATOR™, ELLIPSE™, ELLIP-T-TANK™ & DEFENDER™ are trademarks of UPF, Inc. © 08/01/09 UPF, Inc. Printed in the USA Attachment 2
638
2 6 0 0 A M E R I C A N D R I V E • A P P L E T O N , W I 5 4 9 1 2 - 2 0 1 7 • 9 2 0 - 832 - 3 000 P I E R C E M A N U F A C T U R I N G I N C .

B U L L E T I N
TO: All Dealer Service Representatives
From: Kevin Hanegraaf

DATE: January 4, 2010
RE: UPF Tank Warranty Policy – Truck in Accident
Service Topic #292
To keep the UPF tank warranty valid on trucks that have been involved in a vehicular accident, it is UPF’s policy that the customer must remove the tank from the truck and send it back to one of UPF’s facilities for inspection. In the event that this does not take place, the warranty will be considered null and void.

The customer must remove and send the tank back to UPF for inspection in order to maintain the original warranty coverage, at which time it will be:
- Filled with water
- Visually inspected
- Ultraviolet spark tested on articulating test stand in the dark - Recommendation for repairs if necessary provided by UPF - Fully evaluated and repaired by UPF
If your customer chooses to leave the tank on the truck and wants a technician to inspect and/or repair the tank in the field, then the warranty is no longer in effect.

This direction is upheld by UPF because the technician cannot inspect the entire tank when it is still installed on the truck.

Note: This memo is intended to relay the information Pierce has received on UPF’s tank warranty for trucks that are in a vehicular accident. In the event of an actual claim, we direct you to consult with UPF’s service Manager Maura Watts (800-638-8265 x253)
Attachment 2
639
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0009

1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL

OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

2. DISCLAIMERS OF WARRANTIES
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.

This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This warranty applies only to the body tubular support and mounting structures and other structural components of the body of the vehicle model, as identified in the Pierce
specifications for the Fire and Rescue Apparatus.

This warranty does not apply to damage caused by corrosion.

Conditions and
Exclusions:

See Also
Paragraphs
2 thru 4
Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:

Fire and Rescue Apparatus
Coverage:

Ten (10) Year Structural Integrity
Apparatus Body
Ten (10) Years
- or -
100,000 Miles
Warranty Period
Ends After:

The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:

The apparatus body shall be free from structural failures caused by defects in material and workmanship
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.

If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.

Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.

3. BUYER'S EXCLUSIVE REMEDY.

Attachment 2
640

A & A Manufacturing Co., Inc. 2300 S. Calhoun Road · New Berlin, WI 53151 · Phone (262) 786-1500 · Fax (262) 786-3280 Pierce Warranty Statement for Gortite Roll Up Doors Rev 2/24/2011 All mechanical components of the door shall be warranted to be free from defects in materials and workmanship for the lifetime of the vehicle. All parts covered under this warranty shall be to the original owner.

A&A manufacturing warrants that painted doors shall be free of blistering, peeling, bubbling, or any other adhesion defect caused by defective manufacturing methods or paint material selection. The time period for the coverage shall be 6 years from date of door shipment to Pierce. Satin anodized finish doors shall be warranted for 6 years against corrosion defects from date of door shipment to Pierce. Replacement of decals/Scotchlite is not covered.

The maximum amount A&A will reimburse for labor is $60.00 per hour and the maximum amount of time allowed for repair is as follows:

Door 1.0 Hr.

Slat Replacement 1.0 Hr.

Pennant Plate Replacement 1.0 Hr.

Roller Replacement .5 Hr.

Seal Replacement .5 Hr.

Switch/Magnet Replacement 1.0 Hr.

Travel Time 4.0 Hr.

Attachment 2
641
Hale Products
607 NW 27th Avenue
Ocala, FL 34475
Haleproducts.com
Subject to the following general and specific terms and conditions, Hale Products, Inc. (“Seller”) hereby warrants to the original Purchaser1 that Products sold under Hale and Class 1 brands will be free of defects in material and workmanship for the applicable Warranty Period. General terms and conditions applicable for all Products are set forth under the heading General Terms and Conditions below. Product specific terms and conditions, including Warranty Periods and Warranty Coverages, are set forth in the Tables following the General Terms and Conditions.

General Terms and Conditions
The following limitations, exclusions, procedures, and other terms and conditions shall apply for all Products:

Warranty is voided if:
• Product is used for an application, with products or in a manner other than the application, products, and manner for which such Product is designed and intended
• Product is subjected to a use, service, condition or environment other than a use, service, condition or environment for which such Product is designed and intended • Product is not properly installed
• Product is not properly tested and maintained in accordance with Seller’s product manuals and supplemental instructions and guidelines, applicable industry standards and guidelines, and applicable legal and regulatory requirements
• Product is altered, modified, serviced (except routine maintenance performed in accordance with Seller’s instruction manual for Product and Industry accepted standards and guidelines), or repaired by a person other than Seller or a person authorized by Seller to make such alteration or modification or perform such service or repair
• Seller is not paid the full amount of the purchase price for Product when due.

No Warranty covers:
• Ordinary wear and tear
• Failure due to compliance with a specification or design provided or required by Purchaser • Failure due to improper operation, excess pressure, excess voltage or other similar cause • Failure due to operator error
• Damage during or after shipment and failure attributable thereto or resulting there from • Failure attributable to or resulting from the failure or substandard, inadequate or improper performance of any part, component or equipment not supplied by Seller
• Failure attributable to or resulting from the failure or substandard, inadequate or improper performance of any third party (e.g., not Hale or Class 1 brand) part, component, Product or equipment, whether or not combined, packaged, incorporated, installed or used with a Hale or Class 1 brand part, component, Product or equipment.

Seller shall have no obligation under any Warranty unless Purchaser promptly notifies Seller of the failure giving rise to the Warranty claim, such notice is received by Seller within the applicable Warranty Period, and Seller is provided with such information, data and records (including, but not limited to, in service date, run hours, and service and repair records) as Seller may reasonably request in evaluating the Warranty claim. The notice of failure must be given in writing, identify the Product claimed to be defective (including serial number, if any), and describe in reasonable detail the circumstances surrounding the failure.

Repaired Product and replacement Product shall be warranted only for the remainder of the original Warranty Period.
1 The “original Purchaser” is the original purchaser from Hale Products, whether the original purchaser is a distributor, dealer or other reseller, an OEM, or an end user.

Seller reserves the right to use reconditioned parts for Warranty repairs and to use reconditioned
Products for Warranty replacements
Attachment 2
642
Hale Products
607 NW 27th Avenue
Ocala, FL 34475
Haleproducts.com
Seller shall have the right to physically inspect Product claimed to be defective. If requested by Seller, Purchaser shall deliver the Product claimed to be defective to Seller at its manufacturing facility or to another party or location designated by Seller. In such event, Seller shall issue to Purchaser a Return Materials Authorization (RMA) for the Product to be delivered. The Product must be delivered to Seller within 30 days of issuance of the RMA. The RMA number must be included with the Product when delivered to Seller. Failure to make timely delivery to Seller of the Product claimed to be defective shall void any Warranty.

Purchaser or its customer shall be responsible for all freight and shipping charges in connection with the delivery of Product claimed to be defective to Seller at its manufacturing facility or to another party or location designated by Seller. Product claimed to be defective must be shipped by Purchaser freight prepaid, and Purchaser shall bear all risk of loss or damage during shipment.

Repaired and replacement Product and parts will be shipped to Purchaser freight collect, unless a determination is made prior to shipment that the warranty claim is valid, in which case Product and parts will be shipped to Purchaser freight prepaid from Supplier. Repaired or replacement Product will be shipped back to purchaser via UPS ground or IDEX approved standard freight. If Purchaser requires expedited UPS shipment, Purchaser will cover the difference between ground and service selected costs.

Purchaser shall bear all risk of loss or damage for all freight collect shipments.

When a warranty claim is confirmed by Hale’s Quality department, Hale will issue a credit for freight costs under the following conditions:
• Product was shipped by Purchaser freight prepaid to Supplier. Purchaser to provide a copy of paid freight bill upon Hale’s request.
• Repaired or replacement Product was shipped to Purchaser freight collect. If Purchaser required expedited shipment, the difference between ground and expedited service costs will be deducted from total credit.

If requested to do so by Purchaser, Seller may, at its sole option and in its sole discretion, supply a replacement Product or part to Purchaser prior to making a final determination as to whether Warranty Coverage is available. If Seller ultimately determines that no Warranty Coverage is available for the Product claimed to be defective, whether the determination is based on the Warranty being voided, the Product failure being due to a cause not covered by the Warranty, the failure to make a timely and proper Warranty claim, or otherwise, Purchaser or its customer will be required to purchase the replacement Product or part that has been supplied to it by Seller at the price at which Purchaser is then entitled to purchase such Product or part under the Supply Agreement.

If Seller ultimately determines that no Warranty Coverage is available for a Product claimed to be defective, whether the determination is based on the Warranty being voided, the Product failure being due to a cause not covered by the Warranty, the failure to make a timely and proper Warranty claim, or otherwise, Purchaser shall have the option of either (i) having the Product returned to it freight collect, without repair or replacement, or (ii) if Seller determines that the Product is repairable, have the Product repaired by Seller or another party designated by it on a time and materials basis at Seller’s then current standard charges for non-warranty repairs and then returned to Purchaser freight collect.

SELLER’S WARRANTY AS SET FORTH HEREIN IS SELLER’S SOLE AND EXCLUSIVE WARRANTY

AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT ALL OF WHICH OTHER WARRANTIES ARE EXPRESSLY EXCLUDED.

THE RIGHTS AND REMEDIES SET FORTH HEREIN ARE THE SOLE AND EXCLUSIVE RIGHTS AND REMEDIES AGAINST SELLER. EXCEPT FOR THE SPECIFIC LIABILITIES AND OBLIGATIONS Attachment 2
643
Hale Products
607 NW 27th Avenue
Ocala, FL 34475
Haleproducts.com

PROVIDED HEREIN, SELLER SHALL HAVE NO LIABILITY OR OBLIGATION WITH RESPECT TO ANY PRODUCT CLAIMED TO BE DEFECTIVE IN ANY MANNER.

UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT,

CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST

OR UNREALIZED SALES, REVENUES, PROFITS, INCOME, COST SAVINGS OR BUSINESS, LOST OR

UNREALIZED CONTRACTS, LOSS OF GOODWILL, DAMAGE TO REPUTATION, LOSS OF PROPERTY,

LOSS OF INFORMATION OR DATA, LOSS OF PRODUCTION, DOWNTIME, OR INCREASED COSTS, IN

CONNECTION WITH ANY PRODUCT, EVEN IF SELLER IS ADVISED OR PLACED ON NOTICE OF THE

POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE OF ANY PRODUCT.

Attachment 2
644
Hale Products
607 NW 27th Avenue
Ocala, FL 34475
Haleproducts.com
Hale Products, Inc.

Product Specific Warranty Terms and Conditions
Product* Warranty Period Coverage**
Pumps
Mid-Ship, Rear
Mount, and
Booster (Excludes
all Engine Driven
Units)
Non-Marine
Fire Service
Applications
Earlier of (i) 5 years
from in service date of
vehicle or equipment in
which Product is initially
installed, or (ii) 5-1/2
years from date of
shipment of Product to
original Purchaser.

Labor is only covered
for the first two (2) years
of this warranty
coverage.

Repair or replacement of Product that Seller determines failed during Warranty Period due to a defect in material or
workmanship.

At time pump is ordered, original Purchaser may take
Standard Warranty at no charge or purchase Extended
Warranty for an additional charge which will be quoted by Seller at original purchaser's request at time of order.

Under Standard Warranty, Seller will cover parts and labor for first 2 years of Warranty Period and parts only (no labor) for remainder of the Warranty Period.

Under Extended Warranty (if purchased by original Purchaser), Seller will cover parts and labor for the full Warranty Period.

When labor is covered, original Purchaser will be reimbursed at Seller's then current standard labor hours and rates for labor to make repair (if not repaired by Seller) and to remove defective Product and re-install repaired or replacement Product. Seller's approval of repair estimate is required prior to performance of repair work. If applicable, actual mileage will be reimbursed at Seller's then current mileage reimbursement rate. See the Hale Pump and Pump Accessories Labor Warranty Guide
for details on issues covered and fees paid.

Marine and
Other
Application
Earlier of (i) 2 years
from the date of
shipment of Product to
original Purchaser, or
(ii) 2,000 run hours.

Repair or replacement of Product that Seller determines failed during Warranty Period due to a defect in material or
workmanship. No labor is included.

Engine Driven
Units
(Excluding
Engines ***)
Pump
Ends
Backpacks
Floats
If not used for rental or
contracting, 2 years
from the date of
shipment of Product to
original Purchaser.

Repair or replacement of Product that Seller determines failed during Warranty Period due to a defect in material or
workmanship. Repair labor is included but any other labor (including removal and re- installation) and mileage are excluded.

Original Purchaser will be reimbursed at Seller's then current standard labor hours and rates for labor to make repair (if not repaired by Seller). Seller's approval of repair estimate is required prior to performance of repair work.

If not used for rental or
contracting, 2 years
from the date of
shipment of
Product to original
Purchaser.

Repair or replacement of Product that Seller determines failed during Warranty Period due to a defect in material or
workmanship. No labor is included.

HP Portables If not used for rental or
contracting, 3 years
from the date of
shipment of
Product to original
Purchaser
Repair or replacement of Product that Seller determines failed during Warranty Period due to a defect in material or
workmanship. No labor is included. See Hale Portable Pump Labor Warranty Guide for details on issues covered and fees paid
If used for rental or
contracting, earlier of
(i) 6 months from date
of shipment to original
Purchaser, or (ii)
1,000 run hours.

Repair or replacement of Product that Seller determines failed during Warranty Period due to a defect in material or
workmanship. No labor is included.

Cross-Chassis
Skids
Trailer Units
Earlier of (i) 12 months
from date of shipment
to original Purchaser, or
(ii) 1,000 run hours.

Repair or replacement of Product that Seller determines failed during Warranty Period due to a defect in material or
workmanship. No labor is included.

Attachment 2
645
Hale Products
607 NW 27th Avenue
Ocala, FL 34475
Haleproducts.com
Hale Products, Inc.

Product Specific Warranty Terms andConditions
Product* Warranty Period Coverage**
Pump
Modules
Pump Body
Weldments,
Stainless
Manifolds, and
Fabricated
non-painted or
powder coated
panels
10 years from the date
of shipment of Product
to original Purchaser.

Repair or replacement of Product that Seller determines failed (including cracks resulting from stress and rust through of panels) during Warranty Period due to a defect in material or
workmanship. No labor is included.

Pump modules are built to original Purchaser's specification or design. Although individual Hale and Class 1 brand components used for pump modules comply with NFPA standards, pump
modules are not NFPA compliant. Original Purchaser is solely responsible for (i) ensuring finished pump houses are NFPA complaint and adhere to industry accepted standards and guidelines, and (ii) supplying manuals that include appropriate directions, instructions and warnings concerning pump house operation.

Fabricated
painted or
powdered
coated
panels
2 years from the date
of shipment of
Product to original
Purchaser
Repair or replacement of Product that Seller determines failed from paint, finish, and corrosion duringWarranty Period due to a defect in material or workmanship. No labor is included.

Foam
SmartFoam, SmartCAFS,
CAFS Systems,SmartATP,
and EZ Fill
3 years from the date
of shipment to
original Purchaser.

Repair or replacement of Product that Seller determines failed during Warranty Period due to a defect in material or
workmanship. No labor is included. Datalogger download
from Product may be requested to determine cause of
defect.

Foam
FoamLogix Systems
1 year from the date of
shipment to original
Purchaser.

Repair or replacement of Product that Seller determines failed during Warranty Period due to a defect in material or
workmanship. No labor is included.

Pump Repair
&
Replacement
Parts
Ordered for service
and
repair
90 days from date of
shipment of Product to
original Purchaser.

Repair or replacement of Product that Seller determines failed during Warranty Period due to a defect in material or
workmanship. No labor is included.

Pressure Gauges 3 years from date of
shipment of Product to
the original Purchaser.

Repair or replacement of Product that Seller determines failed during Warranty Period due to a defect in material or
workmanship. No labor is included.

Plumbing 2 years from date of
shipment of Product to
original Purchaser.

Repair or replacement of Product that Seller determines failed during Warranty Period due to a defect in material or
workmanship. No labor is included.

Valves Akron Valve 10 years from date of
shipment of Product to
original Purchaser on
everything except seal.

No warranty on seal.

Repair or replacement of Product that Seller determines failed during Warranty Period due to a defect in material or workmanship.

No labor is included.

Class 1 Valve 10 years from date of
shipment of Product to
original Purchaser on
everything except seal.

No warranty on seal.

Repair or replacement of Product that Seller determines failed during Warranty Period due to a defect in material or workmanship.

No labor is included.

Hale Valve 10 years from date of
shipment of Product to
original Purchaser on
everything except seal.

No warranty on seal.

Repair or replacement of Product that Seller determines failed during Warranty Period due to a defect in material or workmanship.

No labor is included.

Attachment 2
646
Hale Products
607 NW 27th Avenue
Ocala, FL 34475
Haleproducts.com
Hale Products, Inc.

Product Specific Warranty Terms andConditions
Product* Warranty Period Coverage**
SVS Torrent Valve 10 years from date of
shipment of Product to
original Purchaser on
everything except seal.
2 years from date of
shipment of Product to
original Purchaser on
seal.

Repair or replacement of Product that Hale determines failed during Warranty Period due to a defect in material or workmanship. No labor is included.

Electronics 2 years from date of
shipment of Product
to original Purchaser.

Repair or replacement of Product that Seller determines failed during Warranty Period due to a defect in material or
workmanship. No labor is included.

Monitors Akron 5 years from date of
shipment of Product
to original Purchaser.

Repair or replacement of Product that Seller determines failed during Warranty Period due to a defect in material or workmanship.

No labor is included.

SafeBuy Modules
Bundles

QMAX/QMAX-XS
Pump
Non-Marine Fire
Service Applications
Earlier of (i) 8 years
from in service date of
Safebuy QMAX/QMAXXS bundle in the vehicle
or equipment in which
Product is initially
installed, or (ii) 8-1/2
years from date of
shipment of Product to
original Purchaser.

This is predicated on
the end user
supplying Hale with
their yearly service
and pump testing
records by the end of
each calendar year.

Repair or replacement of Product that Seller determines failed during Warranty Period due to a defect in material or workmanship.

Under Safebuy Warranty, Seller will cover parts and labor for earlier of (i) 8 years from in service date of vehicle or equipment in which Product is initially installed, or (ii) 8-1/2 years from date of shipment of Product to original Purchaser.

When labor is covered, original Purchaser will be reimbursed at Seller's then current standard labor hours and service rates for labor to make repair (if not repaired by Seller) and to remove defective Product and re-install repaired or replacement Product. Seller's approval of repair estimate is required prior to performance of repair work. If applicable, actual mileage will be reimbursed at Seller's then current mileage reimbursement rate. See the Hale Pump and Gearbox Labor Warranty Guide for details on issues covered and fee paid.

SAM BundlesPump with Loose
Valves, Kits or
Modules
Pumps-Mid-Ship,
Rear Mount, and
Booster (Excludes
all Engine Driven
Units)
Non-Marine Fire
Service
Applications
Earlier of (i) 10 years
from in service date
of vehicle or
equipment in which
Product is initially
installed, or (ii) 10-1/2
years from date of
shipment of Product
to original Purchaser.

Repair or replacement of Product that Seller determines failed during Warranty Period due to a defect in material or workmanship.

Under SAM Warranty, Seller will cover parts and labor for earlier of (i) 10 years from in service date of vehicle or equipment in which Product is initially installed, or (ii) 10-1/2 years from date of shipment of Product to original Purchaser.

Attachment 2
647
Hale Products
607 NW 27th Avenue
Ocala, FL 34475
Haleproducts.com
Hale Products, Inc.

Product Specific Warranty Terms andConditions
Product* Warranty Period Coverage**
SAM BundlesPump with Loose
Valves, Kits or
Modules
When labor is covered, original Purchaser
will be reimbursed at Seller's then current
standard labor hours and service rates for
labor to make repair (if not repaired by
Seller) and to remove defective Product and
re-install repaired or replacement Product.

Seller's approval of repair estimate is
required prior to performance of repair work.

If applicable, actual mileage will be
reimbursed at Seller's then current mileage
reimbursement rate. See the Hale Labor
Warranty Guides for details on issues
covered and fee paid.

Akron Electric Valve
Actuators and
Navigator Pros
5 years from date of shipment of Product to
original Purchaser.

Repair or replacement of Product that Seller
determines failed during Warranty Period due
to a defect in material or workmanship. No
labor is included.

Electronics 4 years from date of shipment of Product to original Purchaser.

Repair or replacement of Product that Seller
determines failed during Warranty Period due
to a defect in material or workmanship. No
labor is included.
*When Products are combined to form a module or package, each Product will have its own separate Warranty Period and Warranty Coverage
* * For each Product, Seller will have the option to refund to Purchaser (in cash or by credit) the purchase price Seller was paid for such Product, less depreciation determined on a straight line basis over the Warranty Period, in lieu of repair or replacement (including, when applicable, labor). The decision whether to repair, replace or refund (and, if there is a refund, whether to refund in cash or by credit) shall be made by Seller in its sole discretion.
*** Seller makes no warranty with respect to engines. Any warranty with respect to engines is limited to whatever warranty may be provided by the engine manufacturer.

Attachment 2
648
Warranty Begins:

Stainless steel piping shall be free from structural failures caused by defects in material and workmanship, or
perforation caused by corrosion.
(b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce.

Ten (10) Years
- or -
100,000 Miles
Warranty Period
Ends After:

Fire and Rescue Apparatus
Coverage:

Ten (10) Year Material and Workmanship
Stainless Steel Piping

1. LIMITED WARRANTY
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:

The date of the original purchase invoice (issued when the product ships from the factory).

This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

Pierce’s obligation under this warranty is limited to repairing or replacing without charge, as Pierce may elect, the
stainless steel piping or components which Pierce
determines to have failed due to defective material and workmanship, or perforation caused by corrosion.

This warranty does not cover the use of fluoroprotein (FP) type foam. The sodium chloride within FP foam can cause long-term damage to system components if not thoroughly flushed immediately after use.

Conditions and
Exclusions:

See Also
Paragraphs
2 thru 4

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE
POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.

If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.

Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.

3. BUYER'S EXCLUSIVE REMEDY.

Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 3/22/2012 WA0035
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES

ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

2. DISCLAIMERS OF WARRANTIES
capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.

Attachment 2
649
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0057

1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL

OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

2. DISCLAIMERS OF WARRANTIES
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.

This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This limited warranty is applicable to the vehicle in the following percentage costs of warranty repair, if any:

Topcoat Durability & Appearance: Gloss, Color Retention & Cracking
0-72 months 100%
73-96 months 50%
97-120 months 25%
Integrity of Coating System: Adhesion, Blistering/Bubbling 0-36 months 100%
37-84 months 50%
85-120 months 25%
Corrosion: Dissimilar Metal and Crevice
0-36 months 100%
37-48 months 50%
49-72 months 25%
73-120 months 10%
Corrosion Perforation
0-120 months 100%
This limited warranty applies only to exterior paint. Paint on the vehicle's interior is warranted only under the Pierce Basic One Year Limited Warranty.

Items not covered by this warranty include:
(a) Damage from lack of maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and maintenance manual).
(b) UV paint fade.
(c) Any cab not manufactured by Pierce.

Conditions and
Exclusions:

See Also
Paragraphs
2 thru 4
Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:

Fire and Rescue Apparatus
Coverage:

Ten (10) Year Pro-Rated Paint and Corrosion
Custom Body
Ten (10) Years Warranty Period
Ends After:

The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:

Exterior surfaces of the body shall be free from blistering, peeling, corrosion or any other adhesion defect caused by defective manufacturing methods or paint material selection. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.

If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.

Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.

3. BUYER'S EXCLUSIVE REMEDY.

Attachment 2
650
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/22/2010 WA0168

1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL

OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

2. DISCLAIMERS OF WARRANTIES
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.

This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This warranty does not cover damage from lack of
maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and
maintenance manual).

Conditions and
Exclusions:

See Also
Paragraphs
2 thru 4
Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:

Fire and Rescue Apparatus
Coverage:

One (1) Year Material and Workmanship
Graphics Fading and Deterioration
One (1) Year Warranty Period
Ends After:

The date the apparatus is placed in service, or 60 days from the original buyer invoice date, whichever comes first. Warranty Begins:

Each graphic lamination shall be free from defects in material, workmanship, fading, and deterioration.
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.

If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.

Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.

3. BUYER'S EXCLUSIVE REMEDY.

Attachment 2
651
JROGHQVWDWHĆUHFRP

DEALER SUPPLIED

PRODUCTS SERVICES
Exhibit “D”
5 AND
/OR
Attachment 2
652
1 DEALER-SUPPLIED PRODUCTS AND SERVICES
Golden State Fire Apparatus Inc. (GSFA) will furnish the following items and/or services before final delivery so that all necessary components and support are in place, contributing to an efficient final delivery process. Please refer to the detailed list below for a comprehensive overview of the products and/or services included:

AUTHORIZED MANUFACTURER
In accordance with the State of California Vehicle Code, specifically Section 11701, it is mandated that "every manufacturer of a vehicle subject to registration shall make application to the Department of Motor Vehicles (DMV) for a license containing a general distinguishing number." The manufacturer, as of the proposal submission, holds a valid license in compliance with this requirement and is prepared to furnish a copy upon request. This adherence to regulatory standards ensures that the manufacturer maintains a current and official status, promoting transparency and compliance with legal requirements throughout the duration of the proposal and subsequent processes.

AUTHORIZED DEALERSHIP
In compliance with the State of California Vehicle Code, specifically Section 11701, it is mandated that "a dealer in vehicles of a type subject to registration shall make application to the Department of Motor Vehicles (DMV) for a license containing a general distinguishing number." Golden State Fire Apparatus, Inc. possesses a valid license at the time of the bid, as detailed above, and can promptly provide a copy upon request. This adherence to regulatory standards ensures that the dealership maintains a current and official status, promoting transparency and compliance with legal requirements throughout the duration of the proposal and subsequent processes.

AUTHORIZED SALES REPRESENTATIVE
In accordance with the State of California Vehicle Code, specifically Section 11800, it is expressly prohibited for any individual to function as a vehicle salesperson without obtaining a license issued by the Department of Motor Vehicles (DMV). The representative, at the time of proposal, holds a valid vehicle salesperson's license and is ready to furnish a copy upon request. This adherence to regulatory standards ensures that the sales representative maintains a current and official status, promoting transparency and compliance with legal requirements throughout the bidding process and subsequent phases.

VEHICLE REGISTRATION
In adherence to the State of California Vehicle Code Section 11739, it is mandated that the "dealer of a new motor vehicle sale is responsible for applying for the title, securing vehicle registration, and obtaining license plates for the Customer" through the Department of Motor Vehicles (DMV). Being a factory-authorized dealer of the vehicle being sold, Golden State Fire Apparatus, Inc. is duly authorized to register the vehicle with the State of California as a new vehicle manufacturer.

GSFA is committed to facilitating an excellent vehicle ownership experience for the customer. As such, we will manage all necessary applications and complete all transfer papers, including the application for California Exempt "E" license plates. This approach ensures compliance with regulatory requirements and a hassle-free registration process for our valued customers.

Attachment 2
653
2 FIRE FIGHTING EQUIPMENT FUND
A Fire Fighting Equipment Fund amounting to $150,000 per unit is incorporated into the quotation and is specifically designated to cover the expenses associated with purchasing fire fighting equipment, adhering to the directives of the Customer.

Any unused portion of the fire fighting equipment fund will be credited back on the final invoice. Alternatively, if not credited, the remaining funds will be promptly returned to the Customer in the form of a check following the completion of the final invoicing process. This approach guarantees financial transparency and effective management throughout the project.

FIRE FIGHTING EQUIPMENT MOUNTING FUND
A Fire Fighting Equipment Mounting Fund amounting to $25,000 per unit is incorporated into the quotation and is specifically designated to cover the expenses associated with mounting of said equipment, adhering to the directives of the Customer.

In the event that the mounting costs surpass the stipulated allowance, any additional work required can be undertaken at the prevailing shop rate. Any unused portion of the Fire Fighting Equipment Mounting Fund will be credited back on the final invoice. Alternatively, if not credited, the remaining funds will be promptly returned to the Customer in the form of a check following the completion of the final invoicing process. This approach guarantees financial transparency and effective management throughout the project.

ELECTRONIC EQUIPMENT MOUNTING FUND
An Electronic Equipment Mounting Fund amounting to $2,500 per unit is incorporated into the quotation and is specifically designated to cover the expenses associated with mounting of said equipment, adhering to the directives of the Customer.

In the event that the mounting costs surpass the stipulated allowance, any additional work required can be undertaken at the prevailing shop rate. Any unused portion of the Electronic Equipment Mounting Fund will be credited back on the final invoice. Alternatively, if not credited, the remaining funds will be promptly returned to the Customer in the form of a check following the completion of the final invoicing process. This approach guarantees financial transparency and effective management throughout the project.

PRE-CONSTRUCTION, FACTORY VISIT
A pre-construction trip to the manufacturing facility is included for four (4) Customer representatives. The primary objective of this visit is to review and finalize, in detail, the specifications prior to the start of production. The pre-construction trip is anticipated to span four (4) days and three (3) nights, with scheduling details collaboratively determined between GSFA and the Customer.

Attachment 2
654
3 GSFA will cover the costs associated with airfare, lodging, meals, and ground transportation during the stay at the manufacturer's location. Air travel will be arranged from one of the following airports: Sacramento, San Francisco, or San Jose.

It is important to note that certain costs, including Customer ground transportation within California, airport parking, luggage fees, and incidental expenses during travel to the factory, fall within the responsibility of the Customer. Furthermore, flight reservations are nonrefundable, and in the event of a cancellation post-booking, the Customer will bear all associated costs, encompassing not only the original ticket cost but also any change or cancellation fees levied by the airline and/or travel agency. Additionally, flight reservations are non-transferable. This delineation aims to establish clarity and transparency regarding the allocation of responsibilities and potential costs associated with the final inspection trip.

FINAL INSPECTION, FACTORY VISIT
A final inspection trip to the manufacturing facility is included for four (4) Customer representatives. The primary objective of this visit is to ensure the adherence of the apparatus to specifications and promptly identify any potential deficiencies. The final inspection trip is anticipated to span four (4) days and three (3) nights, with scheduling details collaboratively determined between GSFA and the Customer.

GSFA will cover the costs associated with airfare, lodging, meals, and ground transportation during the stay at the manufacturer's location. Air travel will be arranged from one of the following airports: Sacramento, San Francisco, or San Jose.

It is important to note that certain costs, including Customer ground transportation within California, airport parking, luggage fees, and incidental expenses during travel to the factory, fall within the responsibility of the Customer. Furthermore, flight reservations are nonrefundable, and in the event of a cancellation post-booking, the Customer will bear all associated costs, encompassing not only the original ticket cost but also any change or cancellation fees levied by the airline and/or travel agency. Additionally, flight reservations are non-transferable. This delineation aims to establish clarity and transparency regarding the allocation of responsibilities and potential costs associated with the final inspection trip.

PRE-DELIVERY SERVICE
Before reaching its final destination, the apparatus undergoes a pre-delivery service conducted by Golden State Emergency Vehicle Service, Inc. This service is designed to tap into the expertise of an external source, providing an experienced perspective that enhances the thoroughness of your final inspection. Our pre-delivery service covers the following areas:

1. Engine Compartment and Undercarriage:
• Inspect for broken mounting brackets.

Attachment 2
655
4 • Inspect and identify locations of any fluid leaks.
• General inspection of hoses, wiring, and linkage, focusing on potential wear points. • Verify correct fluid capacities for engine oil, coolant, power steering fluid, washer reservoir fluid, transmission fluid, rear-end fluid, pump transmission oil, and primer oil if applicable.
• Re-torque U-bolts to OEM specifications if equipped with leaf spring suspension (Pierce Custom chassis only).

2. Interior:
• Confirm proper operation of doors, windows, and locks, ensuring accurate adjustment.
• Confirm proper operation of seatbelt alarms.
• Confirm proper operation of all compartment door alarms, as well as hose bed cover, ladder rack, light tower, and deck gun alarms.
• Ensure functionality of auxiliary power points, interior lighting, mirror, and seat controls, and if applicable - headsets and radios.
• Inspect upholstery for quality and condition.

3. Exterior:
• Address reasonable paint scratches or chips.
• Tighten any loose hardware.
• Inspect tires and wheels, ensure proper pressure.
• Check compartment doors for proper operation and latch fit. • Lubricate compartment door locks if applicable.

4. Road Test:
• Conduct a road test with a full water tank (if applicable), covering approximately twenty miles on both city and highway roads.
• Perform a DOT compliant brake test to verify the system is holding air. • Inspect brake condition, wheel seals, and ensure drive train components reach optimal operating temperatures.
• Conduct an Allison Transmission self-diagnostic to verify fluid level, fluid and filter life, and check for fault codes.

5. Electrical:
• Verify the operation of all lights, sirens, and other electrical accessories.

6. Pump:
• Operate the Pressure Governor or Relief Valve, transfer valve, and check pump shift.

Attachment 2
656
5 • Inspect water tank, pump and plumbing for leaks and calibrate the water level gauge.
• Ensure smooth operation of all discharge, suction, and drain valves.

7. Pierce Husky™ Foam System:
• If applicable, draft and inject clean water to ensure proper operation of the foam pump.

8. Fuel and DEF Tanks:
• Fill the fuel tank and DEF tank prior to final delivery.

9. Wash:
• Thoroughly wash the apparatus prior to final delivery.

This pre-delivery service assists the apparatus to meet our high standards of quality and operational efficiency before reaching its final destination.

FINAL DELIVERY (CUSTOMER LOCATION)
GSFA will deliver the completed Product, inclusive of any relevant equipment, spare parts, and supplies, to the Customer's specified address at GSFA's expense.

In preparation for the Product's delivery, the Customer is required to furnish GSFA with proof of liability and physical damage insurance. GSFA will withhold the release of the Product until such proof of insurance is provided.

To ensure a timely delivery process, it is incumbent upon the Customer to settle any outstanding balance owed to GSFA before or at the time the Product is completed and ready for delivery. In the event of delayed payment or delivery, GSFA reserves the right to impose a late fee and daily storage charge as outlined in the Standard Terms and Conditions until payment is received.

For compliance with insurance liability considerations, the Product will only be delivered upon full acceptance and full payment, or through a prior written agreement mutually reached between the Customer and GSFA. This ensures a secure and efficient finalization of the delivery process, aligning with both parties' obligations and safeguarding against potential liabilities.

END OF EXHIBIT ”D”
Attachment 2
657
Attachment 3
RESOLUTION 24-101

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO APPROVING THE FINANCING OF A TYPE 1 FIRE PUMPER
WHEREAS, the City Council adopted the mid-term Operations and Maintenance (O&M) budget for Fiscal Year 2024-25 on August 21, 2024 via Resolution 24-92; and WHEREAS, the adopted budget includes an annual appropriation of $150,000 from the General Fund to cover annual debt payments related to the purchase of a Pierce Type 1 Pumper for the Fire Department; and
WHEREAS, the City anticipates that it will issue debt obligations in the form of a lease agreement, the payments under which would contain a separately stated interest component for the purpose of financing the Project costs on a long-term basis; and WHEREAS, the City’s obligations under the lease agreement will be considered debt for federal income tax purposes; and
WHEREAS, the maximum principal amount of such debt expected to be issued to finance the Project costs is $1,176,950; and
WHEREAS, the City expects to pay on and after the date hereof certain Project costs (“the Expenditures”); and
WHEREAS, in order to obtain favorable treatment of expenditures of proceeds of the debt obligations used to reimburse the Expenditures, Treasury Regulations section 1.150-2 requires the City to declare its official intent to reimburse the Expenditures with proceeds of debt.

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

1. Findings. The City Council hereby finds and determines that the foregoing recitals are true and correct.

2. Approval of Financing. The City Manager is authorized to execute a lease agreement with JP Morgan Chase Bank in the amount of $1,176,950 for a term not to exceed 12 years and an interest rate not to exceed 4.25%.

3. Official Intent. The City hereby states that it reasonably expects to reimburse the Expenditures with proceeds of debt to be incurred by the City. The foregoing statement is a declaration of official intent that is made under and only for the purpose of establishing compliance with the requirements of Treasury Regulations section 1.150-2. This resolution does not bind the City to make any expenditure of Project costs or to incur any debt for the Project.

4. Capital Expenditures. Each Expenditure will be: (a) of a type properly chargeable to capital account under general federal income tax principles (determined in each case as of the date of the Expenditure), and (b) complies with all applicable Treasury regulations.

5. Reimbursement Allocations. The City will make a reimbursement allocation, which is a written allocation by the City that evidences the City’s use of proceeds of debt to reimburse an Expenditure, no later than 18 months after the later of the date on which the Expenditure is paid or the Project is placed in service or abandoned, but in no event more than three years after the date on which the Expenditure is paid.

6. Effective Date. This resolution shall take effect immediately upon its passage. 658
Resolution 24-101

Page 2 ends

APPROVED, PASSED, AND ADOPTED this 18th day of September 2024, by the City Council of the City of West Sacramento by the following vote:

AYES:

NOES:

ABSENT:
___________________________________
Martha Guerrero, Mayor
ATTEST:
________________________________
Jennifer Cusmir, City Clerk
659

CITY COUNCIL AGENDA REPORT
MEETING DATE: September 18, 2024 ITEM # 11
SUBJECT:

CONSIDERATION OF RESOLUTION 24-102 ESTABLISHING APPROPRIATIONS LIMIT FOR FISCAL YEAR 2024/25
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Becky Robertson, Finance Manager
Finance Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The purpose of this report is to comply with state law which requires adoption of an Appropriations Limit annually.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt Resolution 24-102 establishing an Appropriations Limit for Fiscal Year 2024/25.

BACKGROUND
In November 1979, the voters of the State of California approved Proposition 4, commonly known as the (Paul) Gann Initiative. The Proposition created Article XIIIB of the State Constitution, placing limits (the Limit) on the amount of revenue which can be appropriated in any fiscal year. Not all revenues are restricted by the Limit; only those which are referred to as "proceeds of taxes."
For the City of West Sacramento (City), the Limit is based on revenues estimated by LAFCO for the 1978/79 fiscal year and is increased each year by a factor using the growth in population and inflation.

Proposition 4 had little impact in the early years due to the high growth of inflation increasing Limits faster than actual revenues grew. In addition, because the language of the initiative was extremely vague and confusing, and because the State Legislature adopted a "hands off" approach, many cities were creative in finding solutions to any Limit problems. The Limit became a front-page issue in 1987 when the State of California refunded $1.1 billion to taxpayers as a result of reaching this Limit. The Limit became an even bigger issue when it surfaced as the major barrier to solving transportation problems in the late 1980s. Locally, the City was in danger of reaching its Limit. In 1990, the City’s capacity was reduced from 19% to 12%.

In order to deal with an increasing number of complaints about the restrictions of Proposition 4 and to increase the accountability of local government in adopting their Limits, California voters approved Proposition 111 in June 1990. Among other things, Proposition 111 provided new adjustment formulas and required an annual review of Limit calculations by an independent auditor.

Beginning with the 1990/91 Appropriations Limit, the annual adjustment factors became more flexible. Instead of using the lesser of California Per Capita Personal Income or U.S. Consumer Price Index to measure inflation, the City was able to use its growth in the nonresidential assessed valuation due to new construction within the City. Also, instead of using only the population growth of Yolo County, the City was able to choose to use the population growth within the City. Moreover, the City was able to choose to amend the previous years' Limits in order to produce a consistent result. By choosing both options and recalculating the Limit, the City’s 1990/91 Limit increased to the point where the City’s capacity became 96%, rather than the 12%.

Staff changed the approach to estimating the Gann Limit when growth slowed and property valuation due to new construction declined beginning in 2008. Currently, staff utilizes the growth in inflation combined with the growth in population for the City. The State of California Department of Finance provides both the price inflation and population growth information used by the City to calculate the appropriation limit, and a copy of the State’s transmittal letter is included as an attachment to this report.

In September 2022, the State of California revised the appropriations limit calculation retroactively with Fiscal Year 2021/22 and each subsequent fiscal year thereafter to include an expanded definition of “State Subvention” with regards to local government agencies in Government Code Section 7903. 660
Resolution 24-102 Appropriations Limit
September 18, 2024

Page 2 ends

ANALYSIS
Staff utilizes the combined growth factors, which are: 1) growth in the California per capita personal income, and 2) growth in population for the City. Each year the State Department of Finance provides the data used to calculate the population factor and the inflation factor used in deriving the annual appropriation limit. For Fiscal Year 2024/25, the combined population and inflation percentage used to compute the Appropriations Limit is

1.0367; therefore, the City’s Gann Limit has increased from the prior fiscal year to $1,859,299,401. The City’s FY 2024/25 estimate of appropriations subject to the Limit is $97,712,854, which represents 5% of the total Gann Limit.

Environmental Considerations
The actions recommended in the attached resolution are not subject to the California Environmental Quality Act (CEQA), pursuant to Public Resources Code Section 21080 (b)(8), since the activities proposed involve administrative and financial activities that do not constitute a project pursuant to CEQA.

Commission Recommendation
Not applicable
Strategic Plan Integration
Not applicable
Alternatives
State law requires that the City adopt the appropriation limit on an annual basis and that the calculation of the limit be reviewed by the City’s auditor on an annual basis. While the staff recommendation is to adopt Resolution 24-102, alternatively, the City Council could delay the action in order to allow for clarification or review the attached analysis.

Coordination and Review
Not applicable
Budget/Cost Impact
As the City is currently well under the Limit, there is no budgetary or cost impact associated with adopting the new Limit for FY 2024/25.

ATTACHMENTS

1. Resolution 24-102

2. Recent History of Appropriations Limit

3. Tax Appropriations Limit Calculation for FY 2024/25

4. Department of Finance – Price Factor and Population Information 661
Attachment 1
RESOLUTION 24-102

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO ESTABLISHING AN APPROPRIATIONS LIMIT FOR FISCAL YEAR 2024/25

BASED ON POPULATION AND INCOME FACTORS
WHEREAS, Article XIIIB of the California Constitution and Government Code Section 7910 require a city to establish its appropriations limit for each fiscal year; and WHEREAS, the base appropriations limit for the City of West Sacramento for fiscal year 1989/90 was established by Resolution 89-167, with annual increases calculated since that time; and
WHEREAS, Article XIIIB of the California Constitution specifies that appropriations limits may increase annually by a factor comprised of the change in population within the city and the change in the California Per Capita Personal Income; and WHEREAS, the State Department of Finance has provided the necessary documentation to enable the City to calculate and adopt such a factor for the fiscal year 2024/25.

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

1. The factors to be used to determine the fiscal year 2024/25 appropriations limit shall be the change in population within the City of West Sacramento and the percentage change in California Per Capita Personal Income.

2. The City's appropriation limit as required by Article XIIIB of the California Constitution for fiscal year 2023/24 shall be $1,859,299,401.

PASSED AND ADOPTED by the West Sacramento City Council this 18th day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

Martha Guerrero, Mayor
ATTEST:
_______________________________
Jennifer Cusmir, City Clerk
662
Attachment 2
Combined
Factor Gann Limit
Appropriations
Subject to Limit
% of Gann
Limit Used
City Resolution 00-43 for 2000/01 1.0856 218,005,913 17,685,000 8% City Resolution 01-70 for 2001/02 1.1203 310,447,952 19,415,000 6% City Resolution 02-42 for 2002/03 1.1069 366,736,840 19,147,000 5% City Resolution 03-52 for 2003/04 1.0834 460,703,619 30,415,100 7% City Resolution 04-43 for 2004/05 1.0772 566,920,025 30,415,100 5% City Resolution 05-46 for 2005/06 1.1122 629,814,576 33,502,100 5% City Resolution 06-50 for 2006/07 1.1430 719,894,675 39,631,100 6% City Resolution 07-41 for 2007/08 1.0854 814,717,323 41,560,000 5% City Resolution 08-43 for 2008/09 1.0846 959,700,078 44,077,000 5% City Resolution 09-36 for 2009/10 1.0254 984,076,460 43,046,000 4% City Resolution 10-48 for 2010/11 0.9866 970,889,835 39,533,000 4% City Resolution 11-33 for 2011/12 1.0369 1,006,715,670 39,022,100 4% City Resolution 12-23 for 2012/13 1.0405 1,047,487,655 39,694,900 4% City Resolution 13-43 for 2013/14 1.0761 1,127,215,543 41,005,250 4% City Resolution 14-19 for 2012/13 1.0429 1,049,993,448 39,694,900 4% City Resolution 14-19 for 2013/14 1.0639 1,117,108,525 43,505,250 4% City Resolution 14-19 for 2014/15 1.0105 1,128,805,277 44,268,721 4% City Resolution 15-29 for 2015/16 1.0457 1,180,363,503 50,397,925 4% City Resolution 16-40 for 2016/17 1.0764 1,270,489,627 52,300,201 4% City Resolution 17-21 for 2017/18 1.0441 1,326,460,552 56,284,090 4% City Resolution 18-3 for 2018/19 1.0474 1,389,305,613 58,821,574 4% City Resolution 19-35 for 2019/20 1.0428 1,448,709,334 70,603,927 5% City Resolution 20-?? For 2020/21 1.0437 1,512,083,219 69,573,632 5% City Resolution 21-65 for 2021/22 1.0526 1,591,670,142 77,679,657 5% City Resolution 22-108 for 2022/23 1.0567 1,681,884,016 87,559,253 5% City Resolution 23-61 for 2023/24 1.0663 1,793,447,419 93,270,466 5% City Resolution 24-102 for 2024/25 1.0367 1,859,299,401 97,712,854 5% Recent History of Tax Appropriations Limit
663
Attachment 3
Appropriations Subject to the Tax Appropriations Limit
FY 2024/25
Adopted Budget
Property Tax 36,838,044
Sales Tax (excluding Prop 172) 47,635,172
Transient Occupancy Tax 2,915,000
Document Transfer Tax 100,000
Motor Vehicle In-Lieu Tax 54,159
Trailer Coach In-Lieu Tax -
Homeowners Prop Tax Relief 225,927
Off Hwy Motor Vehicle In-Lieu Tax -
State Mandated Cost Reimbursement 35,000
Other Taxes 9,909,552
State Subvention Pursuant to Governement Code Section 7903 - Total Unadjusted Appropriations subject to the Limit [A] 97,712,854 Adjustments for appropriations not subject to the Tax Appropriations Limit Annual Debt Service for Voter Approved Debt -
Total Annual Debt Service [B] -
Qualified Capital Outlays
Total Qualified Capital Outlays [C] -
Total Adjustments [D = B + C] [D] -
Total Adjusted Appropriations subject to the Limit [E = A - D] [E] 97,712,854 Calculation of the Adjustment Factor
Population Change - City 1.0005
Per Capita Personal Income 1.0362
Combined Adjustment Factor [F] 1.0367
Prior Year (FY 2023/24) Tax Appropriations Limit [G] 1,793,447,419 Adjustment Factor [H] 1.0367
Tax Appropriations Limit for FY 2024/25 [I = G x H] [I] 1,859,299,401 Projected appropriations are below the limit by [J = I - E] [J] 1,761,586,547 Fiscal Year 2024/25 Tax Appropriations Limit
FY 2024/25 Tax Appropriations Subject to the Tax Appropriations Limit Calculation of the Tax Appropriations Limit and Difference between the Limit and Appropriations Subject to the Limit
664
April 30, 2024
Dear Fiscal Officer:

Price Factor and Population Information
Appropriations Limit
California Revenue and Taxation Code section 2227 requires the Department of Finance to transmit an estimate of the percentage change in population to local governments.

Each local jurisdiction must use their percentage change in population factor for January 1, 2024, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2024-25. Attachment A provides the change in California’s per capita personal income and an example for utilizing the factors to calculate the 2024-25 appropriations limit. Attachment B provides the city and unincorporated county population percentage change. Attachment C provides the population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and state institutionalized populations and military populations.

Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. California Revenue and Taxation Code section 2228 provides additional information regarding the appropriations limit. Article XIII B, section 9(C) of the California Constitution exempts certain special districts from the appropriations limit calculation mandate. Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this requirement should be directed to their county, district legal counsel, or the law itself. No state agency reviews the local appropriations limits.

Population Certification
The population certification program applies only to cities and counties. California Revenue and Taxation Code section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller’s Office. Finance will certify the higher estimate to the State Controller by June 1, 2024. Please note: The prior year’s city population estimates may be revised. The per capita personal income change is based on historical data.

If you have any questions regarding this data, please contact the Demographic Research Unit at (916) 323-4086.
/s Richard Gillihan

RICHARD GILLIHAN
Chief Operating Officer
Attachment
665
May 2024
Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2024-25 appropriation limit is:

Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2024-25 3.62
B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2024-25 appropriation limit.
2024-25:

Per Capita Cost of Living Change = 3.62 percent
Population Change = 0.17 percent
Per Capita Cost of Living converted to a ratio: 3.62 + 100 = 1.0362 100
Population converted to a ratio: 0.17 + 100 = 1.0017
100
Calculation of factor for FY 2024-25: 1.0362 x 1.0017 = 1.0379

666

Fiscal Year 2024-25
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2023 to January 1, 2024 and Total Population, January 1, 2024 Total
County Population Percent Change --- Population Minus Exclusions --- City 23-24 1-1-23 1-1-24 1-1-24
Yolo
Davis 0.20 64,922 65,054 65,054
West Sacramento 0.05 54,251 54,278 54,278
Winters 0.65 7,538 7,587 7,587
Woodland 1.03 60,052 60,672 60,672
Unincorporated 1.14 33,691 34,075 34,075
County Total 0.55 220,454 221,666 221,666
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes. 667

CITY COUNCIL AGENDA REPORT
MEETING DATE: September 18, 2024 ITEM # 12
CONSIDERATION OF RESOLUTIONS 24-93 AND 24-104 AUTHORIZING ACCEPTANCE

OF A BSCC GRANT AWARD AND APPROVING RELATED APPROPRIATIONS FOR A

COMMUNITY GUN SAFETY PROJECT
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 [ ] Action

OBJECTIVE
The objective of this report is to provide the City Council with information needed to consider adoption of Resolution 24-104 authorizing the acceptance of the 2024 BSCC Byrne State Crisis Intervention Project (Byrne SCIP) grant award for $475,008 and adoption of Resolution 24-93 authorizing a budget appropriation for the funds awarded. These grant funds will be used to implement a collaborative community-based project designed to address gun violence in West Sacramento.

RECOMMENDED ACTION
Staff respectfully recommends the City Council:

1. Adopt Resolution 24-93 authorizing acceptance of the 2024 BSCC Byrne State Crisis Intervention Project (Byrne SCIP) grant award for $475,008 and related appropriations;

2. Adopt Resolution 24-104 authorizing the City Manager, or his designee, to sign the acceptance paperwork associated with the grant; and

3. Authorize the City Manager, or his designee, to sign the subaward agreements.

BACKGROUND
Guns have become increasingly lethal to youth. Statistics show in 2020, guns became the leading cause of death for US youth, and the third leading cause of death for California youth. Other studies have indicated that 74% of youth believe gun violence is a problem. Many have experienced active shooter lockdowns and know people affected by gun violence, yet many say they have easy access to firearms.

The Police Department has been experiencing an uptick in guns seized during enforcement stops and calls for service, and also experiences “spill-over” criminal activity from the city of Sacramento, which, according to the California Department of Justice 2023 legislative report on crime guns in California, has the second highest number of crime guns in California after Los Angeles.

In February 2024, the Board of State and Community Corrections (BSCC) released a Request for Proposal (RFP) for $10.6 million in competitive grant funds available to California Cities and Counties for the Byrne State Crisis Intervention Project (Byrne SCIP). The goal of BSCC’s Byrne SCIP project is a multipronged approach to decreasing gun violence in California. The West Sacramento Police Department realized the need for action to address this issue within our community and submitted a Request for Proposal (RFP) for the BSCC Grant. The Department was subsequently awarded $475,008, being one of only 11 recipients of the State grant funding.

With this grant funding, the Police Department plans to develop a project that will, under a collaborative framework, address gun safety within the community through communication, education, outreach, and public awareness. The project has been titled “West Sacramento Futures” (#Futures).

ANALYSIS
WHAT IS #FUTURES?
The goal of the West Sacramento Futures project (#Futures) is to reduce gun violence in West Sacramento by investing in grassroots engagement of youth, families, and community-based organizations (CBOs) to drive education, outreach, and public awareness of gun violence prevention and intervention and available supportive resources.
#Futures offers programming to enhance youth skills, influence attitudes about guns, and boost protective factors by educating youth and the community about situations that exacerbate gun violence, such as suicidal ideation and domestic violence. The project will also help inform the public about Extreme Risk Protection Orders 668
BSCC 2024 Byrne SCIP Grant Award
September 18, 2024

Page 2 ends

(ERPOs), which authorize law enforcement officers and other eligible petitioners to file petitions for a civil court order that temporarily suspends a person’s access to firearms when they are found to pose a significant risk of harm to themselves or others.
#Futures uses a holistic public health approach to reduce gun violence by leveraging the potential of youth as agents of public health, a strategy highlighted by the National Academy of Medicine. It also integrates evidencebased positive youth development strategies, proven to bolster protective factors and resilience in youth. The project’s design is centered on research-based strategies, evidence-based methodologies, and the innovative Community Defined Evidence Practice (CDEP) framework. It is also aligned with research and policy recommendations by the Prevention Institute (PI) and California’s Office of Gun Violence Prevention.

Outcome measures for #Futures include changes in youth and adult knowledge and attitudes about firearms, ERPOs, and other resources for support; and changes in youth protective factors, such as connectedness to peers or trusted adults, and hope for the future. Process and outcome data from previous projects mirroring #Futures implemented in other jurisdictions demonstrates the positive impact of the project approach, including greater knowledge, attitudinal shifts and increased protective factors for youth and community partners. #Futures will create a network of CBOs to design and lead project components and will include additional community stakeholders such as law enforcement, school districts, and local government. The network will be facilitated by PRO Youth & Families (PRO), a CBO with an established track record of implementing and facilitating community-led, cross-sector networks to address community concerns. #Futures will be led by the West Sacramento Police Chief and PRO will provide day-to-day project management with grant oversight from the City of West Sacramento.

WHO IS PRO YOUTH AND FAMILIES?
West Sacramento will leverage PRO's 40 years of experience serving youth in the Greater Sacramento region.

PRO's ability to partner with youth, community members, schools, and government bridges gaps between established systems and grassroots organizations.

Since 2019, PRO has successfully managed eleven collaborative youth projects with 70 CBOs, state and local government, and school districts. These projects have reached over 4,000 youth and provided over $6 million in youth stipends and administrative support for CBOs. #Futures collaborative approach has been successfully implemented locally in neighboring Sacramento County.

The #Futures project emerges from PRO’s practical work, current research, community needs assessments, and data from youth and CBOs. PRO staff are trained in the protection of human research participants and are experienced in the development of youth-friendly evaluation tools. Pro is also well versed in data collection and evaluation requirements for state and federal grants and will provide oversight of grant compliance and adherence to BSCC requirements. PRO will coordinate data collection and evaluation for purposes of measuring and reporting project outcomes and youth development impact. Pro will also manage stakeholder engagement and project implementation and will provide technical assistance and project support to CBOs.

WHY IS FUTURES NEEDED?
The West Sacramento Police Department uses a multifaceted approach to community outreach and safety.

Through 50 annual community events, the Department actively engages with community members to foster trust and connection. Additionally, the Department’s Community Outreach and Support Division intervenes in crisis situations, providing timely assistance to vulnerable residents.

In June 2023, the Yolo County Board of Supervisors announced funding to expand the Advance Peace program to West Sacramento, which uses a collaborative approach with police to identify people at the center of cyclical and retaliatory gun violence and provide services to improve their lives and reduce future gun violence.

Although these City and County efforts create positive impacts on the community, #Futures enhances those gun violence prevention efforts by increasing the Police Department’s capacity to develop a comprehensive community-driven approach that complements current intervention efforts at the city and county level.

This youth-focused collaboration will also provide a needed opportunity to connect WSPD police staff in an educational environment, filling part of the gap left when the School Resource Officer program ended. This project may represent the type of on-campus collaboration that accelerates building the vision for how the WSPD/WUSD partnership will look in the future.

HOW WILL FUTURES BE IMPLEMENTED?
669
BSCC 2024 Byrne SCIP Grant Award
September 18, 2024

Page 3 ends

In the initial phase of the #Futures project, CBOs will apply and be selected through a competitive proposal process led by PRO. Applications will be screened by PRO for basic eligibility requirements based on the BSCC’s criteria for non-governmental organizations (NGOs) receiving subawards and will be selected based on their alignment with the project goals and framework. Eligible applications will be reviewed and scored by an independent committee and approved by the City. The project will prioritize engaging CBOs with the demonstrated capacity to reach vulnerable communities disproportionately impacted by gun violence and reflect the diversity of West Sacramento residents.

In the planning phase, the established CBO network and community stakeholders will meet a minimum of once per month to assess local assets and barriers to gun violence prevention in West Sacramento. Decision-making is supported through the creation of a shared #Futures project charter document with all stakeholders (led by PRO) that provides a co-created, consistent, transparent plan to define the project scope, outline roles and responsibilities, delineate tasks, and ensure the understanding and timely delivery of project deliverables.

The planning phase will also include community-led events designed to engage youth, their families and other community stakeholders to choose comprehensive curriculum and training tools that are trauma-informed, culturally responsive, and address topics such as youth-appropriate facts about gun violence, gun safety, gun laws, ERPOs, youth brain development, and violence prevention and public awareness campaign strategies.

CBO partners will be trained to deliver curriculum directly to their youth and will engage cohorts of 5-20 youth in a 30-hour project consisting of approximately 15 hours of gun violence prevention education and socialemotional skills development, and 15 hours of youth-voice project activities to enable youth to design and implement their own community outreach strategies.

There will be two youth project delivery phases with a smaller, pilot group of about 30 in the Summer of 2025 and a second larger group of about 70 youth in the Winter/Spring of 2026. Over the two-year grant period, #Futures will engage up to five CBOs and serve 100 youth aged 12-18.

In the fall of 2025, PRO will coordinate a free, one-day stakeholder summit for parents and youth-serving professionals featuring learning sessions and speakers that will include youth, City leaders, and gun violence prevention experts. Example topics addressed may include ERPOs, safe firearm storage, and positive youth development approaches for caregivers.

The #Futures project implementation plan will begin within 60 days of receipt of the fully executed grant agreement with BSCC. While the City completes the contract process with BSCC, a contract with PRO Youth as the lead agency will be executed. Contracting and onboarding the other CBO partners will occur in the fall of 2024 to support the project planning process in the first half of 2025.

Grant funds will be distributed through subcontracts with CBOs to provide them with resources they will need for the project. Some of the funding will be used for data collection, reporting and evaluation as required by the BSCC.

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
This item supports the City’s vision of taking actions to ensure residents, guests, and other community members feel safe and secure.

Alternatives

1. The Council may choose not to authorize the acceptance of the grant award and decline the implementation of the #Futures project.

2. The Council may choose not to authorize the acceptance of the grant award and authorize the #Futures project using City funds.
670
BSCC 2024 Byrne SCIP Grant Award
September 18, 2024

Page 4 ends

Coordination and Review
This report was coordinated and reviewed by the Police Department and Finance Department.

Budget/Cost Impact
Resolution 24-93 authorizes the appropriation of the $475,008 2024 BSCC Byrne SCIP Grant award. There is no local funding match required for this grant.

ATTACHMENTS

1. Resolution 24-93

2. Resolution 24-104

3. BSCC Byrne SCIP Grant Agreement
671
RESOLUTION 24-93

AUTHORIZING A BUDGET APPROPRIATION FOR THE GRANT FUNDS AWARDED FOR A

COMMUNITY GUN SAFETY PROJECT
WHEREAS, guns have become increasingly lethal to youth. Statistics show in 2020, guns became the leading cause of death for US youth, and the third leading cause of death for California youth. Other studies have indicated that 74% of youth believe gun violence is a problem.

Many have experienced active shooter lockdowns and know people affected by gun violence, yet many say they have easy access to firearms; and
WHEREAS, the Police Department has been experiencing an uptick in guns seized during enforcement stops and calls for service, and also experiences “spill-over” criminal activity from the city of Sacramento, which, according to the California Department of Justice 2023 legislative report on crime guns in California, has the second highest number of crime guns in California after Los Angeles; and
WHEREAS, in February 2024, the Board of State and Community Corrections (BSCC) released a Request for Proposal (RFP) for competitive grant funds for the Byrne State Crisis Intervention Project (Byrne SCIP) with the goal to create a multipronged approach to decreasing gun violence in California; and
WHEREAS, the West Sacramento Police Department submitted a Request for Proposal (RFP) for the BSCC Byrne SCIP Grant and was awarded $475K to implement a collaborative community-based project titled “West Sacramento Futures” (# Futures) designed to address gun violence in West Sacramento through communication, education, outreach and public awareness; and
WHEREAS, #Futures will create a network of Community Based Organizations (CBOs) and will include additional community stakeholders such as law enforcement, school districts, and local government. CBOs will apply and be selected through a competitive proposal process to contract with the City to design and lead project components; and WHEREAS, the CBO partners will be trained to deliver curriculum of gun violence prevention education and social-emotional skills development and will facilitate youth-voice project activities to enable youth to design and implement their own community outreach strategies in order to engage up to five CBOs and serve 100 youth aged 12-18 over the two-year grant period.

WHEREAS, grant funds will be distributed through subcontracts with CBOs to provide them with resources they will need for the project. Some of the funding will also be used for data collection, reporting and evaluation as required by the BSCC.

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 the grant funds awarded.

SOURCES
$475,008 250-9127-4440 2024 BSCC SCIP Grant
USES
$475,008 250-9127-5261 Professional Services
PASSED AND ADOPTED by the West Sacramento City Council this 18th day of September, 2024, by the following vote:
672
24-93

Page 2 ends

AYES:

NOES:

ABSENT:

ABSTAIN:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
673
RESOLUTION 24-104

AUTHORIZING SUBMITTAL AND ACCEPTANCE OF A BSCC GRANT AWARD FOR A

COMMUNITY GUN SAFETY PROJECT
WHEREAS, the City of West Sacramento desires to participate in the Byrne State Crisis Intervention Program (Byrne SCIP) Grant administered by the Board of State and Community Corrections (hereafter referred to as BSCC).

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

1. That the City Manager, or designee, be authorized on behalf of the City of West Sacramento City Council to submit the grant proposal for this funding and sign the Grant Agreement with the BSCC, including any amendments thereof; and

2. That grant funds received hereunder shall not be used to supplant expenditures controlled by this body; and

3. That the City of West Sacramento agrees to abide by the terms and conditions of the Grant Agreement as set forth by the BSCC.

PASSED AND ADOPTED by the West Sacramento City Council this 18th day of September, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
674
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES SCO ID: 5227-BSCC131024 STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORIITY NUMBER (If Applicable) STD 213 (Rev 03/2019) BSCC 1310-24

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME

BOARD OF STATE AND COMMUNITY CORRECTIONS

CONTRACTOR NAME
City of West Sacramento

2. The term of this Agreement is:

START DATE
JULY 15, 2024

THROUGH END DATE
SEPTEMBER 30, 2026

3. The maximum amount of this Agreement is:
$475,008.00

4. The parties agree to comply with the terms and conditions of the following exhibits, attachments, and appendices which are by this reference made a part of the Agreement.

EXHIBITS TITLE PAGES
Exhibit A Scope of Work 4
Exhibit B Budget Detail and Payment Provisions 4
Exhibit C General Terms and Conditions (04/2017) 4
Exhibit D Special Terms and Conditions 4
Exhibit E FY 2022-2023 Byrne State Crisis Intervention Program (SCIP) Federal Conditions 19 Attachment 1* Byrne State Crisis Intervention Program (SCIP) Grant Request for Proposals * Attachment 2 Byrne SCIP Grant Proposal 10
Appendix A Byrne SCIP Advisory Board Roster 1
Appendix C Key Partner Commitment Form(s) 2
Appendix D Citeria for Non-Governmental Organizations Receiving Subawards 2 Appendix E Governing Board Resolution
Appendix F Certification of Compliance with BSCC Policies Regarding Debarment, Theft, Fraud, & Embezzlement 1 Appendix G Project Work Plan 2
* This item is hereby incorporated by reference and can be viewed at:
https://www.bscc.ca.gov/byrne-state-crisis-intervention-program/ IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.)

CITY OF WEST SACRAMENTO

CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
1110 West Capitol Avenue West Sacramento CA 95691

PRINTED NAME OF PERSON SIGNING TITLE
Aaron Laurel City Manager

CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED

STATE OF CALIFORNIA

CONTRACTING AGENCY NAME

BOARD OF STATE AND COMMUNITY CORRECTIONS

CONTRACTING AGENCY ADDRESS CITY STATE ZIP
2590 Venture Oaks Way, Suite 200 Sacramento CA 95833

PRINTED NAME OF PERSON SIGNING TITLE
COLLEEN CURTIN Deputy Director

CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
 675
City of West Sacramento
BSCC 1310-24

Page 1 of 4 ends

EXHIBIT A: SCOPE OF WORK
Rev 04/2020

1. GRANT AGREEMENT – Byrne State Crisis Intervention Program (SCIP) Grant This Grant Agreement is between the State of California, Board of State and Community Corrections (hereafter referred to as BSCC) and Grantee Name (hereafter referred to as the Grantee or Contractor).

2. PROJECT SUMMARY AND ADMINISTRATION
A. The goal of the BSCC Byrne State Crisis Intervention Program funding is to develop a multipronged approach to decreasing gun violence in California, supporting local jurisdictions in their efforts to improve firearms relinquishment procedures and supporting the enhancement of programs that address behavioral health issues, with a focus on people who are at higher risk for gun violence.

B. Grantee agrees to administer the project in accordance with Attachment 1: Byrne State Crisis Intervention Program (SCIP) Grant Request for Proposals (incorporated by reference) and Attachment 2: Byrne SCIP Grant Proposal, which are attached and hereto and made part of this agreement.

3. PROJECT OFFICIALS
A. The BSCC's Executive Director or designee shall be the BSCC's representative for administration of the Grant Agreement and shall have authority to make determinations relating to any controversies that may arise under or regarding the interpretation, performance, or payment for work performed under this Grant Agreement.

B. The Grantee’s project officials shall be those identified as follows:

Authorized Officer with legal authority to sign:

Name: Aaron Laurel
Title: City Manager
Address: 1110 West Capitol Avenue, West Sacramento, CA 95691 Phone: (916) 617-4500
Designated Financial Officer authorized to receive warrants:

Name: Becky Robertson
Title: Finance Manager
Address: 1110 West Capitol Avenue, West Sacramento, CA 95691 Phone: (916) 617-4905
Email: [email protected]
Project Director authorized to administer the project:

Name: Robert Strange
Title: Chief of Police
Address: 550 Jefferson Boulevard, West Sacramento, CA 95605 Phone: (916) 617-4905
Email: [email protected]
C. Either party may change its project representatives upon written notice to the other party.

D. By signing this Grant Agreement, the Authorized Officer listed above warrants that he or she has full legal authority to bind the entity for which he or she signs. 676
City of West Sacramento
BSCC 1310-24

Page 2 of 4 ends

EXHIBIT A: SCOPE OF WORK
Rev 04/2020

4. DATA COLLECTION
Grantees will be required to comply with all data collection and reporting requirements as described in Attachment 1: Byrne SCIP Request for Proposals (incorporated by reference) and Attachment 2: Byrne SCIP Grant Proposal.

5. REPORTING REQUIREMENTS
A. Grantee will submit quarterly progress reports in a format prescribed by the BSCC. These reports, which will describe progress made on program objectives and include required data, shall be submitted according to the following schedule:

Quarterly Progress Report Periods Due no later than:

1. July 15, 2024 to September 30, 2024 October 15, 2024

2. October 1, 2024 to December 31, 2024 January 15, 2025

3. January 1, 2025 to March 31, 2025 April 15, 2025

4. April 1, 2025 to June 30, 2025 July 15, 2025

5. July 1, 2025 to September 30, 2025 October 15, 2025

6. October 1, 2025 to December 31, 2025 January 15, 2026

7. January 1, 2026 to March 31, 2026 April 15, 2026

8. April 1, 2026 to June 30, 2026 July 15, 2026

9. July 1, 2026 to July 15, 2026 July 31, 2026
Note: Project activity period ends July 15, 2026. The period of July 16, 2026 to September 30, 2026 is for completion of Final Local Evaluation Report and financial audit only.

B. Evaluation Documents Due no later than:

1. Local Evaluation Plan December 31, 2024

2. Final Local Evaluation Report September 30, 2026

6. PROJECT RECORDS
A. The Grantee shall establish an official file for the project. The file shall contain adequate documentation of all actions taken with respect to the project, including copies of this Grant Agreement, approved program/budget modifications, financial records and required reports.

B. The Grantee shall establish separate accounting records and maintain documents and other evidence sufficient to properly reflect the amount, receipt, and disposition of all project funds, including grant funds and any matching funds by the Grantee and the total cost of the project.

Source documentation includes copies of all awards, applications, approved modifications, financial records and narrative reports.

C. Personnel and payroll records shall include the time and attendance reports for all individuals reimbursed under the grant, whether they are employed full-time or part-time. Time and effort reports are also required for all subcontractors and consultants.

D. The grantee shall maintain documentation of donated goods and/or services, including the basis for valuation.

E. Grantee agrees to protect records adequately from fire or other damage. When records are stored away from the Grantee’s principal office, a written index of the location of records stored must be on hand and ready access must be assured.
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EXHIBIT A: SCOPE OF WORK
Rev 04/2020
F. All Grantee records relevant to the project must be preserved a minimum of three (3) years after closeout of the grant project and shall be subject at all reasonable times to inspection, examination, monitoring, copying, excerpting, transcribing, and auditing by the BSCC or designees. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three-year period, the records must be retained until the completion of the action and resolution of all issues which arise from it or until the end of the regular three-year period, whichever is later.

7. CONFLICT OF INTEREST
A. Existing law prohibits any grantee, subgrantee, partner or like party who participated on the Byrne SCIP Advisory Board (See Appendix A) from receiving funds from the grants awarded under this RFP. Applicants who are awarded grants under this RFP are responsible for reviewing the Byrne SCIP Advisory Board membership roster (see Appendix A) and ensuring that no grant dollars are passed through to any entity represented by the members of the Byrne SCIP Advisory Board.

B. In cases of an actual conflict of interest with an Advisory Board member, the Board may revoke the grant award and legal consequences could exist for the parties involved, including, but not limited to, repayment of the grant award.

8. AUDIT
Grantee is required to complete an audit annually for each fiscal year/audit period, or fraction thereof, for the entire three-year grant cycle. Grantees may choose either a program-specific audit or a single federal audit. Federal guidelines allow grantees receiving $750,000 or more in federal funds in a fiscal year to use their federal justice assistance grant funds to pay for the cost of the audit. Grantees falling below the $750,000 threshold must use non-federal funds (i.e., match funds) to pay for audit costs. For purposes of this grant award grantee is required to check one of the boxes below to indicate how they will meet the audit requirement.  In conformance with Federal Office of Management and Budget (OMB) CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and the California State Controller’s Accounting Standards and Procedures, Chapter 23, Grant Accounting Index, the identified grant will be included in the City/County Single Federal Audit Report, which will be submitted to the BSCC within 30 days of the Grantee’s receipt of the report or within nine months following the end of the audit period, whichever is earlier.

OR
 In conformance with Federal Office of Management and Budget (OMB) CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and the California State Controller’s Accounting Standards and Procedures Chapter 23, Grant Accounting Index, the grantee will provide a Program-Specific Final Audit Report to the BSCC within 30 days of the Grantee’s receipt of the report or within nine months following the end of the audit period, whichever is earlier.

OR
 In conformance with Federal Office of Management and Budget (OMB) CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, the non-governmental entity grantee does not expend $750,000 or more in total federal awards during the fiscal year and is therefore, exempt from Federal audit requirements for this grant contract period. However, the entity understands that it must keep and maintain the grant 678
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EXHIBIT A: SCOPE OF WORK
Rev 04/2020
records and make them available for review or audit by appropriate officials of the Federal agency, pass-through agency (i.e., the Board of State and Community Corrections) and Governmental Accountability Office.

9. UNIQUE ENTITY IDENTIFIER (UEI)
The Contractor/grantee (entity entering into contract with the BSCC) must maintain active registration of their Unique Entity Identifier (UEI) number, used for this Grant Agreement, throughout the term of the contract. An active UEI number is also required to remain in compliance with the Federal Funding Accountability and Transparency Act (FFATA), a reporting tool Federal prime awardees (i.e. prime contractors and prime grants recipients) use to capture and report subaward and executive compensation.
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EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020

1. INVOICING AND PAYMENTS
A. The Grantee shall be paid in quarterly in arrears by submitting an invoice (Form 201) to the BSCC that outlines actual expenditures claimed for the invoicing period.

Quarterly Invoicing Periods: Due no later than:

1. July 15, 2024 to September 30, 2024 November 15, 2024

2. October 1, 2024 to December 31, 2024 February 15, 2025

3. January 1, 2025 to March 31, 2025 May 15, 2025

4. April 1, 2025 to June 30, 2025 August 15, 2025

5. July 1, 2025 to September 30, 2025 November 15, 2025

6. October 1, 2025 to December 31, 2025 February 15, 2026

7. January 1, 2026 to March 31, 2026 May 15, 2026

8. April 1, 2026 to June 30, 2026 August 15, 2026

9. July 1, 2026 to July 15, 2026 August 15, 2026
Final Invoicing Periods: Due no later than:

10. July 16, 2026 to September 30, 2026 November 15, 2026 *Note: Only expenditures associated with completion of the Final Local Evaluation Report and the financial audit may be included on the invoice.

B. All project expenditures (excluding costs associated with the completion of the Final Local Evaluation Report and the financial audit) and all obligated match contributions must be incurred by the end of the grant project period, July, 15 2026, and included on the invoice due August 15, 2026. Project expenditures incurred after July 15, 2026 will not be reimbursed.

C. The Final Local Evaluation Report is due to BSCC by September 30, 2026. Expenditures incurred for the completion of the Final Local Evaluation Report during the period of July 16, 2026 to September 30, 2026 must be submitted during the Final Invoicing Period(s), with the final invoice due on November 15, 2026. Supporting fiscal documentation will be required for all expenditures claimed on during the Final Invoicing Periods and must be submitted with the final invoice.

D. Grantee shall submit an invoice to the BSCC each invoicing period, even if grant funds are not expended or requested during the invoicing period.

E. Upon the BSCC’s request, supporting documentation must be submitted for project expenditures.

Grantees are required to maintain supporting documentation for all expenditures on the project site for the life of the grant and make it readily available for review during BSCC site visits. See Exhibit A. Scope of Work, Item 6. Project Records.

2. GRANT AMOUNT AND LIMITATION
A. In no event shall the BSCC be obligated to pay any amount in excess of the grant award. Grantee waives any and all claims against the BSCC, and the State of California on account of project costs that may exceed the sum of the grant award.

B. Under no circumstance will a budget item change be authorized that would cause the project to exceed the amount of the grant award identified in this Grant Agreement.

3. BUDGET CONTINGENCY CLAUSE
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EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020
A. Funding for Byrne SCIP was appropriated as part of the supplemental appropriations enacted under Division B of the Bipartisan Safer Communities Act. It is mutually agreed that if the Budget Act of the current year and/or any subsequent year covered under this Grant Agreement does not appropriate funds for the purposes of this program, this Grant Agreement shall be of no further force and effect. In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement.

B. This Grant Agreement is valid and enforceable only if sufficient funds are made available by the United States Congress. Grantee agrees that the BSCC’s obligation to pay any sum to the Grantee under any provision of this agreement is contingent upon the availability of sufficient funds.

C. If Byrne SCIP funding is reduced or falls below estimates contained within the Byrne SCIP Request for Proposals, the BSCC shall have the option to either cancel this Grant Agreement with no liability occurring to the BSCC or offer an amendment to this agreement to the Grantee to reflect a reduced amount.

D. If BSCC cancels the agreement pursuant to Paragraph 3(B) or Grantee does not agree to an amendment in accordance with the option provided by Paragraph 3(B), it is mutually agreed that the Grant Agreement shall have no further force and effect. In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement except that Grantee shall be required to maintain all project records required by Paragraph 6 of Exhibit A for a period of three (3) years following the termination of this agreement.

4. PROJECT COSTS
A. Grantee is responsible for ensuring that actual expenditures are for eligible project costs. “Eligible” and “ineligible” project costs are set forth in the July 2023 BSCC Grant Administration Guide, which can be found under Grantee Resources here:
https://www.bscc.ca.gov/s_correctionsplanningandprograms/ B. The provisions of the BSCC Grant Administration Guide are incorporated by reference into this agreement and Grantee shall be responsible for adhering to the requirements set forth therein.

To the extent any of the provisions of the BSCC Grant Administration Guide and this agreement conflict, the language in this agreement shall prevail.

C. Grantee is responsible for ensuring that invoices submitted to the BSCC claim actual expenditures for eligible project costs.

D. Grantee shall, upon demand, remit to the BSCC any grant funds not expended for eligible project costs or an amount equal to any grant funds expended by the Grantee in violation of the terms, provisions, conditions or commitments of this Grant Agreement.

E. Grant funds must be used to support new program activities or to augment existing funds that expand current program activities. Grant funds shall not replace (supplant) any federal, state and/or local funds that have been appropriated for the same purpose. Violations can result in recoupment of monies provided under this grantor suspension of future program funding through BSCC grants.

5. PROMPT PAYMENT CLAUSE
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EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

6. WITHHOLDING OF GRANT DISBURSEMENTS
A. The BSCC may withhold all or any portion of the grant funds provided by this Grant Agreement in the event the Grantee has materially and substantially breached the terms and conditions of this Grant Agreement.

B. At such time as the balance of state funds allocated to the Grantee reaches five percent (5%), the BSCC may withhold that amount as security, to be released to the Grantee upon compliance with all grant provisions, including:
1) submittal and approval of the final invoice;
2) submittal and approval of the final progress report; and 3) submittal and approval of any additional required reports, including but not limited to the Final Local Evaluation Report and final audit.

C. The BSCC will not reimburse Grantee for costs identified as ineligible for grant funding. If grant funds have been provided for costs subsequently deemed ineligible, the BSCC may either withhold an equal amount from future payments to the Grantee or require repayment of an equal amount to the State by the Grantee.

D. In the event that grant funds are withheld from the Grantee, the BSCC’s Executive Director or designee shall notify the Grantee of the reasons for withholding and advise the Grantee of the time within which the Grantee may remedy the failure or violation leading to the withholding. 682
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EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020

7. PROJECT BUDGET
Project Budget
Line Item

1. Salaries and Benefits $0

2. Services and Supplies $32,500

3. Professional Services $0

4. Non-Governmental Based (NGO) Contracts $403,098

5. Fixed Assets/Equipment $0

6. Date Collection, Reporting and Evaluation
Must be at least 5 percent of the total grant award
$30,600

7. Other (including training, travel, etc.) $0

8. Indirect Costs $8,810
TOTAL $475,008
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EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
Rev 04/2020

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement.

Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious 684
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EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
Rev 04/2020
creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.

Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article.

Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS: Time is of the essence in this Agreement.

13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.

A. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.

B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale 685
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EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
Rev 04/2020
to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.

C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.

D. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action.

See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:

A. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:

A. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt.

Code § 14841.)
B. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) 686
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EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
Rev 04/2020
that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
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EXHIBIT D: SPECIAL TERMS AND CONDITIONS
Rev 04/2020

1. GRANTEE’S GENERAL RESPONSIBILITY
A. Grantee agrees to comply with all terms and conditions of this Grant Agreement. Review and approval by the BSCC are solely for the purpose of proper administration of grant funds and shall not be deemed to relieve or restrict the Grantee’s responsibility.

B. Grantee is responsible for the performance of all project activities identified in Attachment 1:

Byrne SCIP Request for Proposals and Attachment 2: Byrne SCIP Grant Proposal.

C. Grantee shall immediately advise the BSCC of any significant problems or changes that arise during the course of the project.

2. GRANTEE ASSURANCES AND COMMITMENTS
A. Compliance with Laws and Regulations
This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. Grantee shall at all times comply with all applicable State laws, rules and regulations, and all applicable local ordinances.

B. Compliance with Federal Laws and Regulations
The Grantee hereby assures and certifies compliance with all federal statutes, regulations, policies, guidelines and requirements, including any federal conditions, which are included in this Grant Agreement as Exhibit E.

C. Fulfillment of Assurances and Declarations
Grantee shall fulfill all assurances, declarations, representations, and statements made by the Grantee in Attachment 1: Byrne SCIP Request for Proposal and Attachment 2: Byrne SCIP Grant Proposal, documents, amendments, approved modifications, and communications filed in support of its request for grant funds.

D. Permits and Licenses
Grantee agrees to procure all permits and licenses necessary to complete the project, pay all charges and fees, and give all notices necessary or incidental to the due and lawful proceeding of the project work.

3. POTENTIAL SUBCONTRACTORS
A. In accordance with the provisions of this Grant Agreement, the Grantee may subcontract for services needed to implement and/or support program activities. Grantee agrees that in the event of any inconsistency between this Grant Agreement and Grantee’s agreement with a subcontractor, the language of this Grant Agreement will prevail.

B. Nothing contained in this Grant Agreement or otherwise, shall create any contractual relation between the BSCC and any subcontractors, and no subcontract shall relieve the Grantee of his responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the BSCC for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its subcontractors is an independent obligation from the BSCC's obligation to make payments to the Grantee. As a result, the BSCC shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

C. Grantee shall ensure that all subcontractors comply with the eligibility requirements stated in the Byrne SCIP RFP and described in Appendix B.
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EXHIBIT D: SPECIAL TERMS AND CONDITIONS
Rev 04/2020
D. Grantee assures that for any subcontract awarded by the Grantee, such insurance and fidelity bonds, as is customary and appropriate, will be obtained.

E. Grantee agrees to place appropriate language in all subcontracts for work on the project requiring the Grantee’s subcontractors to:
1) Books and Records
Maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the subcontractor’s work on the project in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices, to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of three (3) years after the acceptance of the final grant project audit under the Grant Agreement and shall be subject to examination and/or audit by the BSCC or designees, state government auditors or designees, or by federal government auditors or designees. 2) Access to Books and Records
Make such books, records, supporting documentations, and other evidence available to the BSCC or designee, the State Controller’s Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representatives during the course of the project and for a minimum of three (3) years after acceptance of the final grant project audit. The Subcontractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to the grant-funded project.

4. PROJECT ACCESS
Grantee shall ensure that the BSCC, or any authorized representative, will have suitable access to project activities, sites, staff and documents at all reasonable times during the grant period including those maintained by subcontractors. Access to program records will be made available by both the grantee and the subcontractors for a period of three (3) years following the end of the grant period.

5. ACCOUNTING AND AUDIT REQUIREMENTS
A. All funds received by the Grantee shall be deposited into separate fund accounts which identify the funds and clearly show the manner of their disposition. Grantee agrees that accounting procedures for grant funds received pursuant to this Grant Agreement shall be in accordance with generally accepted government accounting principles and practices, and adequate supporting documentation shall be maintained in such detail as to provide an audit trail.

Supporting documentation shall permit the tracing of transactions from such documents to relevant accounting records, financial reports and invoices.

B. Federal Audit Requirement: Grantee is required to complete an audit annually for each fiscal year/audit period, or fraction thereof, for the entire three-year grant cycle. See Exhibit A: Scope of Work, Section 8. Audit, for federal audit requirements.

C. The BSCC reserves the right to call for a program or financial audit at any time between the execution of this Grant Agreement and three years following the end of the grant period. At any time, the BSCC may disallow all or part of the cost of the activity or action determined to not be in compliance with the terms and conditions of this Grant Agreement or take other remedies legally available.
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EXHIBIT D: SPECIAL TERMS AND CONDITIONS
Rev 04/2020

6. DEBARMENT, FRAUD, THEFT OR EMBEZZLEMENT
It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, the Board will not enter into contracts or provide reimbursement to grantees that have been:

1. debarred by any federal, state, or local government entities during the period of debarment; or

2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three years following conviction.

Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no applicable debarment, disqualification, suspension, or removal from a federal, state or local grant program on the part of the grantee at the time of application and that the grantee will immediately notify the BSCC should such debarment or conviction occur during the term of the Grant contract.

BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or subcontractor, a requirement that the subgrantee or subcontractor will provide the same assurances to the grant recipient. If a grant recipient wishes to consider a subgrantee or subcontractor that has been debarred or convicted, the grant recipient must submit a written request for exception to the BSCC along with supporting documentation.

All Grantees must have on file with the BSCC a completed and signed Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement (Required as Attachment E of the original Proposal Package).

7. MODIFICATIONS
No change or modification in the project will be permitted without prior written approval from the BSCC. Changes may include modification to project scope, changes to performance measures, compliance with collection of data elements, and other significant changes in the budget or program components contained in Attachment 1: Byrne SCIP Request for Proposal and Attachment 2: Byrne SCIP Grant Proposal.

8. TERMINATION
A. This Grant Agreement may be terminated by the BSCC at any time after grant award and prior to completion of project upon action or inaction by the Grantee that constitutes a material and substantial breech of this Grant Agreement. Such action or inaction includes but is not limited to:
1) substantial alteration of the scope of the grant project without prior written approval of the BSCC;
2) refusal or inability to complete the grant project in a manner consistent with Attachment 1:

Byrne SCIP Request for Proposal and Attachment 2: Byrne SCIP Grant Proposal, or approved modifications;
3) failure to provide the required local match share of the total project costs; and 4) failure to meet prescribed assurances, commitments, recording, accounting, auditing, and reporting requirements of the Grant Agreement.

B. Prior to terminating the Grant Agreement under this provision, the BSCC shall provide the Grantee at least 30 calendar days written notice stating the reasons for termination and effective date thereof. The Grantee may appeal the termination decision in accordance with the 690
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EXHIBIT D: SPECIAL TERMS AND CONDITIONS
Rev 04/2020
instructions listed in Exhibit D: Special Terms and Conditions, Number 8. Settlement of Disputes.

9. SETTLEMENT OF DISPUTES
A. The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute persists, the Grantee shall submit to the BSCC Corrections Planning and Grant Programs Division Deputy Director a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Grant Agreement. Grantee’s written demand shall be fully supported by factual information. The BSCC Corrections Planning and Grant Programs Division Deputy Director shall have 30 days after receipt of Grantee’s written demand invoking this Section “Disputes” to render a written decision. If a written decision is not rendered within 30 days after receipt of the Grantee’s demand, it shall be deemed a decision adverse to the Grantee’s contention. If the Grantee is not satisfied with the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the Grantee may appeal the decision, in writing, within 15 days of its issuance (or the expiration of the 30-day period in the event no decision is rendered), to the BSCC Executive Director, who shall have 45 days to render a final decision. If the Grantee does not appeal the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the decision shall be conclusive and binding regarding the dispute and the Contractor shall be barred from commencing an action in court, or with the Victims Compensation Government Claims Board, for failure to exhaust Grantee’s administrative remedies.

B. Pending the final resolution of any dispute arising under, related to or involving this Grant Agreement, Grantee agrees to diligently proceed with the performance of this Grant Agreement, including the providing of services in accordance with the Grant Agreement. Grantee’s failure to diligently proceed in accordance with the State’s instructions regarding this Grant Agreement shall be considered a material breach of this Grant Agreement.

C. Any final decision of the State shall be expressly identified as such, shall be in writing, and shall be signed by the Executive Director, if an appeal was made. If the Executive Director fails to render a final decision within 45 days after receipt of the Grantee’s appeal for a final decision, it shall be deemed a final decision adverse to the Grantee’s contentions. The State’s final decision shall be conclusive and binding regarding the dispute unless the Grantee commences an action in a court of competent jurisdiction to contest such decision within 90 days following the date of the final decision or one (1) year following the accrual of the cause of action, whichever is later.

D. The dates of decision and appeal in this section may be modified by mutual consent, as applicable, excepting the time to commence an action in a court of competent jurisdiction.

9. WAIVER
The parties hereto may waive any of their rights under this Grant Agreement unless such waiver is contrary to law, provided that any such waiver shall be in writing and signed by the party making such waiver.
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1. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries.

Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations.

The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data.

2. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program.

3. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R.

Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2022 award from OJP.

The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2022 award.

For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.

Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 692
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C.F.R. 200.334.

In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification.

4. Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards.

5. Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award.

Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (https://ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award.

By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance.

Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate.

Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).

Should any provision of a requirement of this award be held to be invalid or unenforceable by its 693
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terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award.

6. Employment eligibility verification for hiring under the award

1. The recipient (and any subrecipient at any tier) must-- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).

B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both--
(1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens.

C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1).

D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings.

2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.

4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. 694
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B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds.

C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.

D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.

E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1).

Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at [email protected]. E-Verify employer agents can email E-Verify at [email protected].

Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.

7. OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at
https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees.

8. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.

9. Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award 695
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(as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.

The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status.

10. Compliance with general appropriations-law restrictions on the use of federal funds (FY 2022) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2022, are set out at https://www.ojp.gov/funding/Explore/FY22AppropriationsRestrictions.htm, and are incorporated by reference here.

Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.

11. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."

12. Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high-risk" for purposes of the DOJ high-risk grantee list.

13. Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after October 15, 2020, will satisfy this condition.

In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful 696
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completion of such a training on or after October 15, 2020, will satisfy this condition.

A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition include a session on grant fraud prevention and detection.

The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award.

14. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant.

The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712.

Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.

15. Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grantfunded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.

16. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.

Information on the pertinent DOJ definition of conferences and the rules applicable to this award 697
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appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").

17. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance.

Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.

18. Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ
If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at [email protected]. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.

19. Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide.

20. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.

21. Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal 698
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department or agency authorized to receive such information.

The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information.

1. In accepting this award, the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.

2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.

22. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S.

Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled 699
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"Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.

Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements.

23. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward).

The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here.

24. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient.

The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConductTrafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.

25. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding 700
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agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding.

26. Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.

Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).

Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.

27. All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract").

The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here.

28. Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM.

The recipient also must comply with applicable restrictions on subawards ("subgrants") to firsttier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration.

The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition:
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System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.

This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).

29. Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations.

Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.

30. FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition:

Reporting Subawards and Executive Compensation), and are incorporated by reference here.

This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).

31. Cooperating with OJP Monitoring
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including 702
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documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s).

32. Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award.

33. Use of program income
Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425.

34. Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https://it.ojp.gov/ gsp_grantcondition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended.

35. Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system.

36. Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its 703
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discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R.

Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds.

37. Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R.

Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.

38. Confidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.

39. The award recipient agrees to participate in a data collection process measuring program outputs and outcomes. The data elements for this process will be outlined by the Office of Justice Programs.

40. The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project.

41. Any Web site that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web-based service, including any pages that provide results or outputs from the service: "This Web site is funded in whole or in part through a grant from the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement.

42. Any written, visual, or audio publications, with the exception of press releases, whether published at the grantee's or government's expense, shall contain the following statements:
"This project was supported by Grant No. <AWARD_NUMBER> awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the 704
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U.S. Department of Justice." The current edition of the DOJ Grants Financial Guide provides guidance on allowable printing and publication activities.

43. Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds.

44. The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority.

45. Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS-relevant "eligible records".

In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition.

46. The recipient understands and agrees that no more than 10 percent of the total amount of this award may be used by the recipient for direct costs associated with administering the award.

47. The recipient may not obligate, expend, or draw down funds for subawards until BJA provides explicit written approval of the proposed subaward. Prior approval for all subawards must be obtained post-award, through the submission and approval of a Grant Award Modification (GAM) through OJP’s JustGrants system.

48. Applicants must ensure that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe 705
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Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S.

Department of Justice has issued guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov.

49. Body armor - compliance with NIJ standards and other requirements Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards, and is listed on the NIJ Compliant Body Armor Model List. In addition, ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information and the NIJ Compliant Body Armor List may be found by following the links located on the NIJ Body Armor page: https://nij.ojp.gov/topics/equipment-and-technology/body-armor. In addition, if recipient uses funds under this award to purchase body armor, the recipient is strongly encouraged to have a "mandatory wear" policy in effect. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty.

50. The recipient agrees that no funds under this grant award (including via subcontract or subaward, at any tier) may be used for unmanned aircraft systems (UAS), which includes unmanned aircraft vehicles (UAV), or for any accompanying accessories to support UAS.

51. In accepting this award, the recipient agrees that grant funds cannot be used for Facial Recognition Technology (FRT) unless the recipient has policies and procedures in place to ensure that the FRT will be utilized in an appropriate and responsible manner that promotes public safety, and protects privacy, civil rights, and civil liberties and complies with all applicable provisions of the U.S. Constitution, including the Fourth Amendment’s protection against unreasonable searches and seizures and the First Amendment’s freedom of association and speech, as well as other laws and regulations. Recipients utilizing funds for FRT must make such policies and procedures available to DOJ upon request.

52. Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA.

The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are:
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a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories.

The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA.

The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations.

Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity.

53. "Methods of Administration" - monitoring compliance with civil rights laws and nondiscrimination provisions
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with applicable federal civil rights laws and nondiscrimination provisions. Within 90 days of the date of award acceptance, the recipient must submit to OJP's Office for Civil Rights (at [email protected]) written Methods of Administration ("MOA") for subrecipient monitoring with respect to civil rights requirements. In addition, upon request by OJP (or by another authorized federal agency), the recipient must make associated documentation available for review.

The details of the recipient's obligations related to Methods of Administration are posted on the OJP web site at https://ojp.gov/funding/Explore/StateMethodsAdmin-FY2017update.htm (Award condition: "Methods of Administration" - Requirements applicable to States (FY 2017 Update)), and are incorporated by reference here.

54. Regarding medication-assisted treatment (MAT), the award recipient understands and agrees to the following: 1) all clients in a BJA-funded drug court have a right to access MAT under the care and prescription of a physician to the extent MAT is clinically indicated; 2) BJA-funded drug 707
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courts must not deny any eligible client enrollment to the drug court program because of their use of FDA-approved medications for the treatment of substance abuse; 3) MAT must be permitted to be continued for as long as the prescriber determines that the FDA-approved medication is clinically beneficial; 4) while under no circumstances can a BJA-funded drug court program deny access to MAT under the care and prescription of a physician when it is clinically indicated, a judge retains judicial discretion to mitigate/reduce the risk of abuse, misuse, or diversion of these medications; and 5) federal funds shall not be used to support activities that violate the Controlled Substances Act, 21 U.S.C. 801-904.

55. All BJA-funded adult drug courts must be operated based on the 10 key components for drug courts, which are found in BJA’s and National Association of Drug Court Professionals’ (NADCP) publication: Defining Drug Courts: The Key Components at https://www.ncjrs.gov/pdffiles1/bja/205621.pdf. During the grant period of performance, if BJA concludes that a funded drug court is not conforming to the 10 key components, it retains the right to place the award recipient on a corrective action plan to bring the drug court into conformance. Continued failure to maintain conformance to the key components may result in a hold placed on award funds or suspension/termination of the grant award agreement.

56. The recipient understands and agrees to operate any behavioral health crisis care program funded under this award in accordance with the Substance Abuse and Mental Health Services Administration National Guidelines for Behavioral Health Crisis Care:
https://www.samhsa.gov/sites/default/files/national-guidelines-for-behavioral-health-crisis-care02242020.pdf.

57. Extreme risk protection programs funded under this award must include, at a minimum: predeprivation and post-deprivation due process rights that prevent any violation or infringement of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). Such programs must include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in-person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to confront adverse witnesses; the right to be represented by counsel at no expense to the government; pre-deprivation and post-deprivation heightened evidentiary standards and proof which mean not less than the protections afforded to a similarly situated litigant in Federal court or promulgated by the State's evidentiary body, and sufficient to ensure the full protections of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). The heightened evidentiary standards and proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a foundation; and penalties for abuse of the program.

58. The recipient understands and agrees that it must form a diverse Crisis Intervention Advisory Board to inform and guide the state’s related gun violence reduction programs/initiatives. The 708
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Board must include representatives from law enforcement, the community, courts, prosecution, behavioral health providers, victim services, and legal counsel. The program and budget plans must be developed in coordination with and with demonstrated approval from the Crisis Intervention Advisory Board prior to submission for BJA review, and advisory board approval will also be required for any subsequent changes to the project’s scope or budget.

59. The recipient is authorized to incur obligations, expend, and draw down funds in an amount not to exceed $20,000, for the sole purpose of developing the program and budget plans in coordination with the Crisis Intervention Advisory Board. The recipient is not authorized to incur any additional obligations or make any additional expenditures or drawdowns until (1) the recipient submits program and budget plans that were developed in coordination with and demonstrate evidence of approval by the Crisis Intervention Advisory Board, (2) BJA approves the submission via Grant Award Modification (GAM), and (3) BJA has issued an Award Condition Modification (ACM) releasing this award condition.

60. The recipient understands and agrees that it must (1) subaward at least 40% of the award amount to units of local government in order to meet the Local Pass-through, and (2) subaward additional amounts identified by BJA to state courts that provide criminal justice and civil justice services for the “less-than-$10,000 jurisdictions” within the state and/or subaward the funds to such jurisdictions. Additional details on both of these pass-through requirements is available in the BJA FY 2022 - 2023 Byrne State Crisis Intervention Program Formula Solicitation.

61. Limit on use of grant funds for grantees' employees' salaries With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any employee of the award recipient at a rate that exceeds 110% of the maximum annual salary payable to a member of the federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non-federal funds.) This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made.

62. Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS").

The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at 709
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https://ojp.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here.

63. Withholding - Certification with respect to Federal taxes - award exceeding $5 million (updated Aug. 2017)
The recipient may not obligate, expend, or draw down any funds under this award until it has submitted to the program manager, in a format acceptable to OJP, a formal written certification directed to OJP and executed by an official with authority to sign on behalf of the recipient, that the recipient (unless an exemption applies by operation of law, as described below)-- (1) has filed all Federal tax returns required for the three tax years immediately preceding the tax year in which the certification is made; (2) has not been convicted of a criminal offense under the Internal Revenue Code of 1986; and (3) has not, more than 90 days prior to this certification, been notified of any unpaid federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding; and until an Award Condition Modification (ACM) has been issued to remove this condition. 710
BSCC Powered by Submittable
Title 0003
by Shawnae Brooks in Byrne State Crisis Intervention Program [email protected]
04/03/2024
id. 46124943
Original Submission 04/03/2024
Score n/a
SCIP checked
The Byrne State Crisis Intervention Program (Byrne SCIP) Grant Application is divided into four sections as identified below: Background Information Contact Information Proposal Narrative and Budget Mandatory Attachments Each section has a series of questions that require a response.

Applicants will be prompted to provide written text, select options from a drop down menu, select options from a multiple choice menu, or upload attachments. Questions with a red asterisk require responses. Applicants will not be able to submit the Byrne SCIP Grant Application until all questions with a red asterisk have been completed. Applicants may reference the Byrne SCIP Instruction Packet for background information, key dates, rating factors, and other important information to aid in the completion of the Grant Program Application. The Byrne SCIP Instruction Packet is available on the BSCC website at the Byrne SCIP website . NOTE: Applicants may start and stop their application but must select "Save Draft" at the bottom of the application before existing.

SECTION 1 -

BACKGROUND

INFORMATION
This section requests information about the project name and location, federal identification, funding requested, and an overview of the project.

Applicant Name City of West Sacramento
Applicant's Physical
Address
1110 W Capitol Avenue
West Sacramento
California
95691
US

38.58203
-121.52339
Applicant's Mailing
Address (If different than
physical address)
550 Jefferson Boulevard, West Sacramento CA 95605
Mailing Address for
Payment
550 Jefferson Boulevard
West Sacramento
California
95605
US

38.58641
-121.52719
Federal Employer ID 94-2362972
Unique Entity Identifier
(UEI)
MLGYAWLU57K3
Funding Category Small Scope (Up to $500,000)
Lead Public Agency West Sacramento Police Department
Project Title West Sacramento Futures
Program Purpose Areas
(PPA)
Applicants are required to apply for the Program Purpose Areas (PPA) and Program Activities identified in the Byrne SCIP Instruction Packet (Page 5-6). A total of three PPAs are identified: PPA 1:

Communication, Education, Outreach, and Public Awareness PPA 2: Behavioral health deflection for those at risk to themselves or others PPA 3: Funding for law enforcement agencies to safely secure, store, track, and return relinquished guns Applicants are required to address a minimum of one Program Purpose Area and one corresponding Program Activity. Applicants are not required to address each PPA or Program Activity. 711
Communication,
Education, Outreach, and
Public Awareness (PPA
1)
Outreach to raise public awareness about Extreme Risk Protection Orders Development and distribution of informational materials about Extreme Risk Protection Orders Behavioral health
deflection for those at
risk to themselves or
others (PPA 2)
Funding for law
enforcement agencies to
safely secure, store,
track, and return
relinquished guns (PPA 3)
Proposal Summary The West Sacramento Futures project fights gun violence via grassroots engagement, targeting the alarming rise in youth gun deaths, especially among vulnerable youth. Partnering with experienced community-based organizations, it offers programming to enhance youth skills, influence attitudes about guns, and boost protective factors. Over two years, it aims to engage 100 youth aged 12-18, aligning with public health strategies for a safer community.

SECTION 2 - CONTACT

INFORMATION
This section requests contact information for the individuals identified as the Project Director, Financial Officer, Day-to-Day Project Contact, Day-to-Day Fiscal Contact, and the Authorized Officer for Signature.

Project Director Robert
Strange
Project Director's Title
with
Agency/Department/Organization
Chief of Police, Police Department, City of West Sacramento Project Director's
Physical Address
550 Jefferson Boulevard
West Sacramento
California
95605
US

38.58641
-121.52719
Project Director's Email
Address
[email protected]
Project Director's Phone
Number
+19166174905
Financial Officer Becky
Robertson
Financial Officer's Title
with
Agency/Department/Organization
Finance Manager, Finance Department, City of West Sacramento Financial Officer's
Physical Address
1110 W Capitol Avenue
West Sacramento
California
95691
US

38.58203
-121.52339
Financial Officer's Email
Address
[email protected]
Financial Officer's Phone
Number
+19166174584
Day-To-Day Program
Contact
Rachel
Minnick
712
Day-To-Day Program
Contact's Title with
Agency/Department/Organization
Chief Collaboration Officer, PRO Youth & Families
Day-To-Day Program
Contact's Physical
Address
3780 Rosin Court, Suite 120
Sacramento
California
95834
US

38.63626
-121.47311
Day-To-Day Program
Contact's Email Address
[email protected]
Day-To-Day Program
Contact's Phone Number
+19165763300
Day-To-Day Fiscal
Contact
Shawnae
Brooks
Day-To-Day Fiscal
Contact's Title with
Agency/Department/Organization
Senior Analyst, Police Department, City of West Sacramento Day-To-Day Fiscal
Contact's Physical
Address
550 Jefferson Boulevard
West Sacramento
California
95605
US

38.58641
-121.52719
Day-To-Day Fiscal
Contact's Email Address
[email protected]
Day-To-Day Fiscal
Contact's Phone Number
+19166175057
Name of Authorized
Officer*
Aaron Laurel
Authorized Officer's Title
with
Agency/Department/Organization
City Manager, Police Department, City of West Sacramento Authorized Officer's
Physical Address
1110 West Capitol Ave
West Sacramento, CA
95691
US

38.58641
-121.52719
Authorized Officer's Email
Address
[email protected]
Authorized Officer's
Phone Number
+19166174500
Authorized Officer
Assurances
checked
SECTION 3 -

PROPOSAL NARRATIVE

AND BUDGET
This section requests responses to the Rating Factors identified in the the Byrne SCIP Instruction Packet.
713
Proposal Narrative
Instructions
The Proposal Narrative must address the Project Need, Project Description, Project Organizational Capacity and Coordination, and Project Evaluation and Monitoring Rating Factors as described in the Byrne SCIP Grant Instruction Packet (refer to pages 20-25). A separate narrative response is required for each Rating Factor as described below: The Project Need narrative may not exceed 4,474 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately two (2) pages in Arial 12-point font with one-inch margins on all four (4) sides and at

1.5-line spacing. The Project Description narrative may not exceed 8,948 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately four (4) pages in Arial 12-point font with one-inch margins on all four (4) sides and at 1.5-line spacing. The Project Organizational Capacity and Coordination narrative may not exceed 4,474 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately two (2) pages in Arial 12-point font with one-inch margins on all four (4) sides and at 1.5-line spacing. The Project Evaluation and Monitoring narrative may not exceed 4,474 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately two (2) pages in Arial 12- point font with one-inch margins on all four (4) sides and at 1.5-line spacing. A character counter is automatically enabled that shows the number of characters used and the remaining number of characters before the limit for each response is met. If the character limit is exceeded, a red prompt will appear with the message "You have exceeded the character limit." Applicants will be prohibited from submitting the Byrne SCIP Grant Application until they comply with the character limit requirements. NOTE: It is up to the applicant to determine how to use the total word limit in addressing each section. However as a guide, the percent of total point value for each section is provided in the Byrne SCIP Instruction Packet (refer to page 18).
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Project Need 1.1 DESCRIPTION OF NEED
West Sacramento Futures (#Futures) is an innovative project driven by our commitment to a city without gun violence. Echoing Attorney General Rob Bonta in his August 2023 report, “The Impact of Gun Violence in California,"1 we recognize that gun violence is not just statistics; it is the loss of precious lives. The West Sacramento Police Department is steadfast in its mission to pursue new collaborative approaches to community safety.

The project aligns with Program Purpose Area 1: Communication, Education, Outreach, and Public Awareness. Through collaborative partnership opportunities, #Futures will educate youth and the community about factors that exacerbate gun violence, such as suicidal ideation and domestic violence, inform them about Extreme Risk Protection Orders (ERPOs) and other resources for support, and develop community-driven approaches to increase safety.

1.2 CONTRIBUTING FACTORS
Guns have become increasingly lethal to youth. In 2020, guns became the leading cause of death for US youth, and the third leading cause of death for California youth. Additionally, Black youth in California are 8 times more likely than their white peers to die by guns.2 Though California has reduced its rates of per capita firearm-related death over the past thirty years, the state saw an alarming increase in firearm suicides in 2021 and 2022. Compared to 2006, firearm suicides were 8% higher in 2022.1
Targeted initiatives are crucial for altering youth perceptions about guns. 74% of youth believe gun violence is a problem. Many have experienced active shooter lockdowns and know people affected by gun violence, yet many say they have easy access to firearms. Youth with increased access were more likely to believe they were safer with guns and to associate guns with their identities.3 These findings underscore the necessity to reshape youth beliefs about guns, as research also indicates that more guns increase risk.4 Youth social media use also plays a role in gun violence. Los Angeles Police Chief Michel Moore described its impact as "dramatic," noting that what was previously communicated through “street talk or rumors” is now amplified through social media.5

1.3 LOCAL DATA
The West Sacramento Police Department uses a multifaceted approach to community outreach and safety for its 54,000 residents, with a dedicated team of 72 sworn officers when fully staffed, and 23 professional personnel. Through 50 annual community events, such as the Ice Cream Patrol, National Night Out, and holiday distributions, the Department actively engages with residents to foster trust and connection. Additionally, our Community Outreach and Support Division intervenes in crisis situations, providing timely assistance to vulnerable residents. In June 2023, the Yolo County Board of Supervisors announced funding to expand the Advance Peace program to West Sacramento, which uses a collaborative approach with police to identify people at the center of cyclical and retaliatory gun violence and provide services to improve their lives and reduce future gun violence.6 Though these outreach activities support positive relationships with the community, #Futures fills a gap in our current violence prevention efforts by increasing our capacity to intentionally engage and educate youth, parents, and community organizations about firearm risks, promote mental wellness, and disseminate information about Extreme Risk Protection Orders (ERPOs).

The need for #Futures is exacerbated by the City’s 10% to 30% officer vacancy rate which has resulted in mandatory overtime and increased the Department’s need for mutual aid when emergencies outstrip available personnel. Additionally, the department has seen an uptick in guns seized during enforcement stops and calls for service, and experiences “spill-over” criminal activity from the City of Sacramento, which has the second highest number of crime guns in California after Los Angeles.7

1.4 Justification of Funding
Using a strategic collaborative public health approach to gun violence prevention that builds upon existing efforts, # Futures will create a safer community for all residents that is aligned with the intent of BSCC Byrne SCIP PPA 1 and fills a gap in our city’s current violence prevention efforts. The project will realize our vision of a West Sacramento where every individual can thrive without fear of gun violence.

Project Description 2.1 PROJECT DESCRIPTION
The goal of our project, West Sacramento Futures (#Futures) is to reduce gun violence in West Sacramento by investing in grassroots engagement of youth, families, and community-based organizations (CBOs) to drive education, outreach, and public awareness of gun violence prevention, intervention, and Extreme Risk Protection Order (ERPO) laws and programs.

The project would increase West Sacramento’s current gun violence prevention efforts and is aligned with county-level approaches. #Futures builds on an existing, successful community-driven program 715 called #SacYouthWorks: Futures, funded by BSCC through Proposition 64 funding. The project aligns with Program Purpose Area 1: Communication, Education, Outreach, and Public Awareness, using a public health approach to gun violence prevention that engages the community to design and implement solutions.

The project will consist of four components: 1) a network of CBOs; 2) a planning phase; 3) gun violence prevention and ERPO education curriculum and tools; and 4) youth programming and youthled community engagement and outreach.

Component #1: #Futures will create a network of CBOs to design and lead project components and will include additional community stakeholders such as law enforcement, school districts, and local government. The network will use a shared infrastructure to support ongoing collaboration and data collection for the project. The network will be facilitated by PRO Youth & Families (PRO), a CBO with an established track record of implementing and facilitating community-led, cross-sector networks to address community concerns.

Component #2: In the planning phase, CBOs and community stakeholders will meet a minimum of once per month to assess local assets and barriers to gun violence prevention in West Sacramento. They will test assumptions to ensure the project approach is responsive to the community’s needs. The planning phase will also include community-led events designed to engage youth and families in this process.

Component #3: The network will identify community education needs and identify curriculum, training, and other tools to increase public awareness about ERPO programs and other safety measures. The network will host community events in the planning phase, to seek input from youth, families, and other community stakeholders to choose comprehensive curriculum and training tools that are traumainformed, culturally responsive, and address topics such as youth-appropriate facts about gun violence, gun safety, gun laws, ERPOs, youth brain development, resiliency, positivity, violence prevention, and public awareness campaign strategies. CBO partners will be trained to deliver curriculum directly to their youth. Additional tools to support education and curriculum delivery will be developed on an as-needed basis by PRO in collaboration with stakeholders.

In the fall of 2025, PRO will coordinate a free, one-day stakeholder summit for parents and youthserving professionals featuring learning sessions and speakers that will include youth, City leaders, and gun violence prevention experts. Example topics addressed may include ERPO, safe firearm storage, and positive youth development approaches for caregivers. The summit aims to address evidence-based community approaches to reduce gun violence and increase adult stakeholder connections to support youth and increase prevention efforts.

Component #4: CBOs will engage cohorts of 5-20 youth in a 30-hour program consisting of approximately 15 hours of gun violence prevention education and social-emotional skills development, and 15 hours of youth-voice project activities to enable youth to design and implement their own community outreach strategies. CBOs will be expected to design programming using foundational youth development principles. This component supports the development of youth protective factors and mitigates risk factors that can lead to poor life outcomes. Protective factors addressed by #Futures include the development of positive adult and peer relationships, increased knowledge of gun violence and gun safety, the development of transferrable skills; and the development of advocacy skills that support youth to become community change agents.8 Youth will receive a $300 stipend upon completion of the program, which promotes recruitment and retention of youth who may not otherwise be able to prioritize participation due to their family economic circumstances.

2.2 AND 2.3: NUMBER OF PARTICIPANTS, TARGET POPULATION, & RECRUITMENT Over the two-year grant period, #Futures will engage up to five CBOs and serve 100 youth aged 12-

18. CBOs will apply and be selected through a competitive proposal process led by PRO. Applications will be screened by PRO for basic eligibility requirements based on the BSCC’s Criteria for NGOs Receiving Subawards and will be selected based on their alignment with the project goals and framework. Eligible applications will be reviewed and scored by an independent committee and approved by the City. The project will prioritize engaging CBOs with the demonstrated capacity to reach vulnerable communities disproportionately impacted by gun violence and reflect the diversity of West Sacramento residents.

The City and PRO will collaborate to recruit interested CBOs with existing trusted relationships in the community. Previous iterations of #Futures have demonstrated that interest from CBO partners and youth has consistently exceeded program capacity and CBOs have met or exceeded their youth recruitment and retention goals. The combination of trusted CBO partners and youth program stipends successfully overcome barriers to youth recruitment and retention.

2.4 RATIONALE FOR PROPOSED ACTIVITIES
The #Futures program design is based on research-based strategies, evidence-based methodologies, and the innovative Community Defined Evidence Practice (CDEP) framework.9 716 Aligned with research and policy recommendations by the Prevention Institute (PI) and California’s Office of Gun Violence Prevention, #Futures uses a holistic public health approach to reduce gun violence. The project supports the City’s capacity to develop a comprehensive community-driven approach to prevention that complements current intervention efforts at the county level. PI emphasizes the need to engage the community in solutions, address underlying factors of gun violence, and “bolster resilience in individuals, families, and communities.” 1,10 The design of #Futures integrates these components and leverages the potential of youth as agents of public health, a strategy highlighted by the National Academy of Medicine.11 It also integrates evidence-based positive youth development strategies, proven to bolster protective factors and resilience in youth.

The #Futures collaborative approach has been successfully implemented in neighboring Sacramento County in alignment with the CDEP framework, which mitigates the frequent lack of diversity and community perspective in many evidence-based approaches and offers an alternative framework to assess program impact and effectiveness.

Since 2020, the #Futures model has been used in 10 collaborative initiatives with 50 CBOs, reaching 4,000 youth. Issues addressed by the model include underage cannabis use, mental wellness, and teen pregnancy prevention. Process and outcome data demonstrate the positive impact of the approach, specifically increased knowledge, attitudinal shifts, and increased protective factors for youth and community partners. The sustained demand for the program is evidence of community buyin of the #Futures model. Through authentic community engagement in the program design and implementation, the #Futures approach is effective, culturally relevant, and aligned with the fundamentals of Community-Defined Evidence Practice.
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Organizational Capacity
and Coordination

3.1 STAFF CAPACITY: QUALIFICATIONS, TRAINING, PROJECT MANAGEMENT AND OVERSIGHT #Futures will be led by West Sacramento Police Chief, Robert Strange. Chief Strange has a notable background in law enforcement, including roles as chief investigator in the Yolo County District Attorney’s Office, and as a patrol officer and gang detective with the Woodland and Elk Grove Police Departments. He is affiliated with various organizations, including the California Police Chiefs Association, Los Rios Community College District Administration of Justice Advisory Board, and Yolo County Child Abuse Prevention Council.

Rachel Minnick, PRO’s Chief Collaborative Officer, holds a master’s degree in education from the University of the Pacific and has over 20 years of experience in local government and nonprofit administration. She will lead the PRO team and oversee data collection and evaluation for #Futures.

Taylor Intermill, Associate Director, holds a master’s degree in public health from the University of San Francisco and will manage stakeholder engagement and project implementation. Angie Medina, Director of Grants, will provide oversight of grant compliance and adherence to BSCC requirements.

Dom Scott, Project Coordinator, will provide technical assistance and program support to CBOs.

Together, the PRO team will ensure the success of #Futures through effective program delivery and stakeholder engagement.

3.2 PARTNERSHIP: ROLES, PERSONNEL, CREDENTIALS AND COMMITMENT West Sacramento will leverage PRO's 40 years of experience serving youth in the Greater Sacramento region. PRO's ability to partner with youth, community members, schools, and government bridges gaps between established systems and grassroots organizations. The #Futures program emerges from PRO's practical work, current research, community needs assessments, and data from youth and CBOs.

3.3 TIMELINES: CONTRACTS, MOUs, IMPLEMENTATION, AND READINESS The #Futures project implementation plan will begin within 60 days of receipt of the fully executed grant agreement with BSCC. While the City completes the contract process with BSCC, we will execute a contract with PRO Youth as the lead agency. PRO has developed infrastructure to facilitate collaborative projects like #Futures, providing us with a strong foundation to support timely implementation. We have carefully developed a project approach, leveraging the two-year grant period and outlining specific planning and service delivery phases, based on PRO’s experience with implementation of collaborative publicly-funded projects. As outlined in the work plan, we will contract with and onboard additional CBO partners in the Fall of 2024 to support the program planning process in the first half of 2025. We are planning for two youth program delivery phases with a smaller, pilot group of about 30 in the Summer of 2025 and a second larger group of about 70 youth in the Winter/Spring of 2026.

3.4 PROJECT MANAGEMENT: STRUCTURE AND DECISION-MAKING PROCESS PRO Youth & Families will provide day-to-day project management, with grant oversight from the City of West Sacramento. Since 2019, PRO has successfully managed eleven collaborative youth projects with 70 CBOs, state, and local government, and school districts. These projects have reached over 4,000 youth and provided over $6 million in youth stipends and administrative support for CBOs. #Futures is structured using a “connect, learn, earn” framework: youth connect with peers, trusted adults, and the community; learn leadership skills and knowledge about topics that impact their lives; and earn money that provides economic relief and acknowledges their contributions to the City’s efforts to create a safer community.

Decision-making is supported through the creation of a shared #Futures project charter document with all stakeholders (led by PRO) that provides a co-created, consistent, transparent plan to define the project scope, outline roles and responsibilities, delineate tasks, and ensure the understanding and timely delivery of project deliverables. Project charters increase transparency, manage stakeholder expectations, support effective communication, and have proven to be an essential tool that supports project success.
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Project Evaluation and
Monitoring

4.1 PROJECT EVALUATION PLAN: STAFFING AND MONITORING
PRO will develop the Local Evaluation Plan (LEP) and complete the Local Evaluation Report led by PRO’s Chief Collaboration Officer, Rachel Minnick. PRO has almost two decades of project evaluation and data monitoring experience, including adherence to Institutional Review Board (IRB) requirements.

Minnick and other members of the PRO staff are trained in the protection of human research participants and are experienced in the development of youth-friendly evaluation tools, and data collection and evaluation requirements for state and federal grants.

4.2 METRICS: PROCESS AND OUTCOME MEASURES
Proposed outcome measures include changes in youth and adult knowledge and attitudes about firearms, ERPOs, and other resources for support; and changes in youth protective factors, such as connectedness to peers or trusted adults, and hope for the future. Proposed process measures include the efficacy of tools and technical assistance for CBOs, the user-friendliness of project management tools, the value of network meetings and events, perceived levels of collaboration among partners, and recommendations to improve curriculum and training. Outcome and process measures will be evaluated using youth voice project artifacts (photos, videos) and program observations, retrospective surveys to gather data about changes in knowledge and attitudes, and feedback surveys to assess program processes.

4.3 DATA COLLECTION AND EVALUATION PLAN
PRO will coordinate and manage the data collection and evaluation of the #Futures Project, including the provision of the collaborative infrastructure necessary, including electronic forms and surveys, and shared attendance tracking documents. During the service delivery phase, PRO will engage with CBOs monthly, or more frequently if needed, to ensure the fidelity of data collection. PRO will collect baseline and follow-up data for outcome measures; monitor implementation of project components; identify areas for change and improvement; and complete quarterly reports. These data sets will be used to measure and report on program outcomes and youth development impacts.

4.4 RESEARCH DESIGN AND METHODOLOGY
The research design and methodology will utilize a multi-method approach using both qualitative and quantitative data to assess and determine program goals, objectives, and outcomes. Due to the short nature of the youth service delivery activities and to reduce the impact on CBOs, the evaluation will use reflective pre-post assessments to assess changes in knowledge, beliefs, circumstances, and skill development. Reflective pre-post assessments ask respondents to reflect and mark the level that corresponds to them before participation in the program and then mark the level that corresponds to them after participation in the program. This method reduces the variability among participants (they serve as their own control) and reduces errors in self-reporting during pretests where participants often overreport their initial levels of knowledge or skill. Data collection for surveys will be conducted by PRO with assistance from CBO partners.

To ensure reliability, each CBO will use the gun violence education curriculum to be selected during the implementation period and the same post-curriculum survey. Comparative analyses of these survey results can detect differences across CBOs or participant groups. If differences are found, further analyses and investigation will be conducted to determine the source of variance and determine if additional training or adaptation is necessary. The first youth cohort will be considered a pilot and data collected will be used as the baseline for comparing outcomes for the remaining cohort.

As such, adjustments to program implementation for the second cohort can be expected. Gun violence prevention strategies have not been widely studied as evidence-based practice, so the results of this survey will also help to inform the field. Because of the varying needs of the youth served by this grant, CBOs have the flexibility to develop youth voice project activities that align with their youth needs and interests, and the intent of the funding. CBOs must clearly outline youth voice project activities in a work plan before youth programming begins and checks for fidelity will be conducted by PRO staff.

Budget Instructions Applicants are required to submit a Proposal Budget and Budget Narrative (Budget Attachment). Upon submission, the Budget Attachment will become Section 5: Proposal Budget (Budget Tables and Narrative) making up part of the official proposal. The Budget Attachment must be filled out completely and accurately. Applicants are solely responsible for the accuracy and completeness of the information entered in the Budget Tables and Narrative. The grant budget must cover the entire grant period. Funding information is available on pages 7-8 of the Byrne SCIP Instruction Packet. For additional guidance related to grant budgets, refer to the BSCC Grant Administration Guide. The Budget Attachment is provided as a stand-alone document on the BSCC website at the Byrne SCIP website.

Byrne SCIP Budget Attachment
Byrne-SCIP-RFP-Budget-Attachment_Final.xlsx
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SECTION 4 -

MANDATORY

ATTACHMENTS
This section lists the attachments that are required at the time of submission. Project Work Plan (Attachment G) Key Partner Commitment Form, if applicable (Attachment C) Criteria for NonGovernmental Organizations Receiving Subawards (Attachment D) Governing Board Resolution – (not required at time of submission; however, must be submitted if awarded grant funds.) (Attachment E) Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and Embezzlement (Attachment F)
Project Work Plan (Attachment G)
Work_Plan_Draft_Byrne-SCIP-Attachment-G.pdf
Key Partner Commitment Form, if applicable (Attachment C) Byrne-SCIP-RFP-Attachment-C-Key-Partner-Commitment-Form_PRO_Youth_3.27.24_-_signed.pdf Criteria for Non-Governmental Organizations Receiving Subawards (Attachment D) Byrne-SCIP-RFP-Attachment-D-Criteria-for-Non-Govermental-Organizations-Receiving-Subawards_-_West_Sa.pdf OPTIONAL: Governing
Board Resolution
(Attachment E)
Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and Embezzlement (Attachment F) Byrne-SCIP-RFP-Attachment-F-Certification-of-Compliance-with-BSCC-Policies-Regarding-Debarment_1_.pdf OPTIONAL: Bibliography BIBLIOGRAPHY

1. Office of Attorney General, & Bonta, R. (2023). The impact of gun violence in CA. Sacramento, CA:

State of California.

2. McGough, M., et al. (2023, July 18). Child and teen firearm mortality in the U.S. and peer countries.

Kaiser Family Foundation.

3. Southern Poverty Law Center, Everytown for Gun Safety, & Polarization & Extremism Research & Innovation Lab. (2023, July). U.S. youth attitudes on guns. Montgomery, AL.

4. Reeping, P. M., Cerdá, M., Kalesan, B., Wiebe, D. J., Galea, S., & Branas, C. C. (2019). State gun laws, gun ownership, and mass shootings in the US: Cross-sectional time series. BMJ, 364, l542. https://doi.org/10.1136/bmj.l542

5. Szabo, L. (2023, August 25). "All we want is revenge": How social media fuels gun violence among teens. NPR. Retrieved https://www.npr.org/sections/health-shots/2023/08/25/1195680218/socialmedia-fuels-teen-gun-violence

6. Yolo County. (2023, June 27). Yolo County Board of Supervisors Expands Advance Peace Services to Combat Gun Violence in Additional Communities. Retrieved https://www.yolocounty.org/Home/Components/News/News/13361/4918?npage=

7. Bonta, R. (2023, August). Publications. AB111 Crime Gun Report. Retrieved from https://oag.ca.gov/system/files/attachments/pressdocs/AB%201191%20Crime%20Gun%20Report.pdf

8. O'Connell, M. E., Boat, T. F., & Warner, K. E. (2009). Preventing mental, emotional, and behavioral disorders among young people progress and possibilities. National Academies Press.

9. Callejas, L. M., Perez, G., Limon, F. J. (n.d.). Community-defined evidence as a framework for equitable implementation (SSIR). Bienvenido Program Engages Latinx Communities to Implement Better Mental Health Interventions. Retrieved
https://ssir.org/articles/entry/community_defined_evidence_as_a_framework_for_equitable_implementation

10. Prevention Institute. (n.d.). Gun violence must stop. Here’s what we can do to prevent more deaths. Retrieved from https://www.preventioninstitute.org/focus-areas/preventing-violence-andreducing-injury/preventing-violence-advocacy

11. Flores, M. L. G. (2022, May 2). The power of youth in improving community conditions for health.

National Academy of Medicine. https://doi.org/10.31478/201409b

CONFIDENTIALITY
NOTICE:

All documents submitted as a part of the Byrne State Crisis Intervention Grant proposal are public documents and may be subject to a request pursuant to the California Public Records Act. The BSCC cannot ensure the confidentiality of any information submitted in or with this proposal. (Gov. Code, § 6250 et seq.)
720
Grant Funds
$0
$32,500
$0
$403,098
$0
$30,600
$0
$8,810
$475,008
Grant Funds
$26,352
$45,000
N/A $0
$0
Salaries and Benefits Narrative:

Grant Funds
$17,500
$7,500
$25,000
$32,500
Project Budget and Budget Narrative
Byrne SCIP Applicant: City of West Sacramento
Project Budget
Note: This table will auto-populate based on the information entered in the sections below.

Budget Line Item

1. Salaries and Benefits

2. Services and Supplies

3. Professional Services

4. Non-Governmental Organization (NGO) Subgrantees

5. Equipment/Fixed Assets
Title
Example (Hourly): Fiscal Manager
Example (FTE): Counselor

1. Salaries and Benefits

6. Data Collection, Reporting and Evaluation
Must be at least 5 percent of the total grant award

7. Other (Travel, Training, etc.)

8. Indirect Costs
TOTAL
(% FTE or Hourly Rate) & Benefits
$60/hour x 10 hours/month x 3 years = $21,600 + benefits @ 22% = $4,752 .25 FTE @ $60,000 x 3 years = $45,000
Calculation for Expenditure
$350 x 50 Participants
TOTAL
$12,500 per year x 2 years
TOTAL
Example: Supportive Services (bus passes, gas cards
Safe Firearm Storage Devices
Community Outreach/Education Supplies
N/A

2. Services and Supplies
Description of Services or Supplies
100 devices x $75/device
Safe Firearm Storage Devices: Locking storage devices at estimated $75/each including sales tax to be provided to adult community members who engage in #Futures

Services and Supplies Narrative:
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Description of Professional Service(s) Grant Funds
$0
$0
Description of Subcontract Grant Funds
$11,250
$403,098
$403,098
Description of Equipment/Fixed Asset Grant Funds
$24,000
$0
$0
N/A

project activities and have a need to safely store guns/firearms. Community Outreach/Education supplies customized for #Futures community events and youth and parent engagement which will be developed based on community feedback. Example items may include stickers, t-shirts, educational brochures, water bottles, string backpacks, etc.

3. Professional Services
Example: Public Defender
Calculation for Expenditure
Statewide Program Rate
N/A
Professional Services Narrative:

N/A
TOTAL

4. Non-Governmental Organizations (NGO) Subgrantees
Example: Private Industrial Council
PRO Youth & Families
Calculation for Expenditure
Training Class $450 x 25 participants
Lead NGO Working in collaboration with the City to implement the #Futures Project Non-Governmental Organizations (NGO) Subgrantees Narrative:
24-month project oversight budget (7/15/24 through 7/14/26). PRO Personnel Total $161,143: $140,124 Chief Collab. Officer (0.20 FTE) program strategic, staff mgmt, program execution; Assoc. Dir. (0.30 FTE) recruit CBOs, program development/facilitation; Dir. of Grants (0.10 FTE) grant compliance; Proj. Coordinator (0.30 FTE) partner TA/admin support. $21,019 benefits at 15% of salaries. Services/Supplies Total $41,600: Office supplies $3,600 ($150/month x 24 months); curriculum $7,500 ($75/youth x 100 youth); Marketing and Comms $10K event promotion/collateral; $3K partner forms platform; 5 community events $7,500 venue rental and $10K for catering. Other (Travel/Trng) Total $6,016: $3,216 local travel (50 mi/month x 4 staff x 24 mo. x $0.67/mi); $2,800 PRO staff development (1 trng/yr x 4 staff x $350/trng x 2 yrs). PRO Indirect $46,339: PRO?s Fed approved NICR of 21% x $208,759 direct expenses + $2,500 Federal De Minimis of PRO subcontracts. PRO NICR letter available upon request. NGO Subcontracts $148K: CBO planning phase $12K (4 partners x 12 mo. x 5 hrs/month x $50/hr); $6K youth/caregiver incentives ($100/youth/caregiver x 60 youth/caregivers); Youth Service Delivery $130K ($300/youth stipends + $1K/youth x 100 youth).

5.Equipment/Fixed Assets
TOTALS
Example: Purchase of Vehicle
N/A
Toyota Prius @ Market Value
Calculation for Expense
N/A
N/A
Equipment/Fixed Assets Narrative:

TOTALS
722
Grant Funds
$10,329
$30,600
$30,600
Grant Funds
Example: Training Classes $15,000
N/A
$0
Grant Funds
$466,198 $0

10.00% $88,100 $8,810 $8,810
$8,810

6. Data Collection and Progress Reporting
Must be at least 5 percent of the total grant award
Description
Example: Data Collection & Reporting Efforts @ 5%
Data Collection and Progress Reporting Narrative:

Must be at least 5 percent of the total grant award
.10 FTE PRO Youth & Families staff for development of LEP, data collection, and evaluation services @ $24,000 Salary + 15% benefits at $3,600. $3,000 for Alchemer data collection and evaluation platform.

Data Collection & Reporting Efforts @ 6%
TOTAL

7. Other (Travel, Training, etc.)
Calculation for Expense
$500/partipant x 30 participants
N/A
Indirect Costs Narrative:

City indirect calculated using option 2 and PRO Youth's indirect costs are outlined in the NGO budget narrative above. PRO has a 21% NCR and have calcuated this indirect rate for all direct costs and $2,500 Federal De Minimis for subcontracts. NICR letter for PRO Youth available at BSCC request.

TOTAL
Option 1) Indirect costs will be charged using a Federally approved Negotiated Indirect Cost Rate (NICR). Enter your approved NICR percentage as a number (e.g., 25, 31, 32.25) in cell E277. Your project indirect costs cannot exceed the total shown in cell G277. If using Option 1, enter the amount to be charged to indirect costs in cell H277. *If the amount entered in H277 turns red, please adjust it to not exceed the line item limit noted in G277
Option 2) Indirect costs will be charged using the Federal De Minimis, 10% of Modified Total Direct Costs, calculated as 10% multiplied by ( total direct costs, minus equipment, plus up to the first $25,000 of each subcontract (cell F278)). If using the Federal De Minimus, your project indirect costs cannot exceed the total shown in cell G278. If using Option 2, enter the amount to be charged to indirect costs in cell H278. *If the amount entered in H278 turns red, please adjust it to not exceed the line item limit noted in G278
Description
N/A
Other (Travel, Training, etc.) Narrative:

N/A
TOTAL

8. Indirect Costs
For this grant program, indirect costs may be charged using only one of the two options below:
723
Byrne Applicant Agency: City of West Sacramento
Total Grant Award
$475,008
$475008
$475,008
Grant Funds
$0
$32,500
$0
$403,098
$0
$30,600
$0
$8,810
$475,008
Program Purpose Area Funding Table
Section 5: Project Budget and Budget Narrative
Program Purpose Area Allocations
Applicants must allocate all Byrne SCIP grants funds to one or more of the Program Purpsose Areas (PPA) as described in the Request for Proposal. No Byrne SCIP funds may be expended outside of the SCIP PPAs. For the purposes of proposal scoring, no PPA shall carry more weight than another. The totals for the Program Purpose Area (PPA) Funding Table must equal the total grant funds requested.

4. Non-Governmental Organization (NGO) Subgrantees
Total Grant Funds
Requested

1. Communication, Education, Outreach and Public Awareness

2. Behavioral health deflection for those at risk to themselves or others PPA allocations must equal the total grant funds requested*: Totals * If PPA allocation totals show as red font, they do not equal the amount of grant funds requested as required.

Project Budget Table
Budget Line Item

1. Salaries and Benefits

2. Services and Supplies

3. Professional Services

3. Funding for law enforcement agencies to safely secure, store, track, and return relinquished guns

5. Equipment/Fixed Assets

6. Data Collection, Reporting and Evalutation
Must be at least 5 percent of the total grant award

7. Other (Travel, Training, etc.)
TOTAL

8. Indirect Costs
724
City of West Sacramento
BSCC 1310-24

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