Agenda packet — West Sacramento City Council, March 18, 2026 (part 4 of 6)

AHSC grant application with funding requested to support the affordable housing development, transit, local transportation improvement, and housing programs and services.

During the application review process, ESC, with HCD’s support, invited Hudson Valley Property Group, LLC (“HVPG”) – an affordable housing developer with significant experience – to be a part of the Grand Gateway affordable housing development team and grant co-applicant. On December 10, 2025, SGC’s Board of Directors approved SGC’s staff recommendation to conditionally award $43,350,739 to the “MOSA Apartment Homes at Gateway” application. The awarded project includes multiple components listed below, the locations of which are reflected in Attachment 3.

ASHC Grant Award Project Components Award Amount
Affordable Housing Construction Loan at 817 West Capitol Avenue $28,350,739 Streetcar Project Electric Vehicle Purchase and Station Improvements $8,750,000 Bike and Pedestrian Improvements in West Sacramento $4,749,000 Bus Shelter Improvements in West Sacramento $1,001,000
Affordable Housing Programs and Services $500,000
Total $43,350,739
Of the approximately $43 million conditional grant award, the City will directly receive $5.9 million for implementing various bicycle, pedestrian, and bus shelter improvements, and a foreclosure/eviction and landlord anti-harassment counseling program (“Anti-Displacement Services”) by the end of 2030. The City’s direct award amount is detailed in the table below.

City Projects/Program Award Amount
CIP-14057 West Cap. Ave. Regional Connection Bike/Ped Safety Improvements $374,000 CIP-14056 STEP (Project 3 – Broderick) $2,482,000
CIP-16013 North 5th Street Connectivity and Complete Street $1,893,000 CIP-11045 AHSC Bus Shelter Improvements $1,001,000
Anti-Displacement Services $150,000
Total $5,900,000
In addition to working with the Grand Gateway affordable housing developers on the AHSC Grant Program application and implementation, City staff have continued to meet with SKK related to the Grand Gateway market-rate development, parking structure, and other public amenities. Some of the project components, including key infrastructure required to serve the project and the shared-use parking structure, warrant further analysis to advance project designs and financing options. Because of this, some City obligations originally included in the ENA are proposed to be shifted to a later phase of the project.

ANALYSIS
The actions requested in this report will facilitate the acceptance of AHSC grant funds furthering the implementation of the Streetcar Project and related local transportation improvements, and continued efforts on the Grand Gateway Development in coordination with the affordable housing development team and SKK.

AHSC Resolution
To receive AHSC grant funds, HCD requires that local agency awardees adopt a resolution indicating that the awardee will execute AHSC program agreements as deemed necessary by HCD. To address this grant requirement, staff recommends Council adopt Resolution 26-13 included as Attachment 1.

Grand Gateway ENA Second Amendment
As mentioned in the Background section of this report, Council approved the First Amendment to the Grand Gateway ENA on April 30, 2025, to facilitate the AHSC Grant Program application and extend the ENA period through March 31, 2026, to better align with the AHSC grant process.

Based on additional AHSC grant award requirements and progress made to date on the larger Grand Gateway project, staff recommends approving a Second Amendment to the Grand Gateway ENA that results in the following changes:
 ENA Time Extension – Staff proposes extending the ENA term from March 31, 2026, to June 30, 2027, to better align with the AHSC grant requirements and to complete studies required to inform the larger project. 545
Resolution 26-13 AHSC and Grand Gateway ENA Amendment
March 18, 2026

Page 3 ends

 Add Affordable Housing Developer Entity – Since HVPG is now ESC’s development partner on the AHSC grant funded affordable housing development site located at 817 West Capitol Avenue, the ENA must be amended to include HVPG as a development partner and for consistency with the AHSC conditional award.  Adjusted Subdivision and Final Map Requirements – The affordable housing site is a standalone parcel and not subject to parcel boundary issues affecting other Grand Gateway properties. Because of this, staff recommends removing the affordable housing site parcel from the larger Grand Gateway project subdivision and final map process to ensure the project can move forward independently and comply with the stringent timelines related to the AHSC grant award. A subdivision and final map will be required for the disposition and development of the remaining parcels.

Environmental Considerations
The actions recommended in this item are not a project subject to CEQA because they are not an activity that may cause either a direct or foreseeable physical change in the environment (Pub. Resources Code, §21065; CEQA Guidelines §§15060(c), 15378(a)). Projects supported by these actions have completed environmental review or will prior to receiving grant funds.

Commission Recommendation
No commission recommendation was solicited due to AHSC resolution adoption deadlines.

Strategic Plan Integration
The recommended actions are consistent with multiple City Council Strategic Plan goals, including the 2021- 2025 Strategic Priorities of Light Rail Extension/Transit Expansion and the 2021-2025 Management Priorities of Grand Gateway Development; and the 2021 Strategic Priority and 2022 Management Priority of Mobility Action Plan Implementation. The recommended actions further support the City‘s mission statement: “to provide Quality Municipal Services, Quality City Infrastructure and Facilities, and to Inspire Community Improvements that add value to the lives of our residents.”
Alternatives
The Council’s primary alternatives to the recommended actions include:

1. Elect to not adopt Resolution 26-13 authorizing the City to receive AHSC grant funds and execute related agreements with HCD for the MOSA Apartment Homes at Gateway project; and/or

2. Elect to not approve Grand Gateway ENA Second Amendment.

Alternatives 1 and 2 are not recommended as they would eliminate potential funding to support the Grand Gateway Development, Streetcar Project, and other local transportation improvements. Additionally, modifications to the ENA are needed to accommodate AHSC grant award requirements and to provide staff and the development team sufficient time to determine the most feasible approach to financing and delivering the Grand Gateway project. This will facilitate staff’s immediate steps of executing an Option Agreement with the affordable housing development team for purposes of applying for affordable housing tax credits this year. Staff will return to Council for this approval in Spring 2026.

Coordination and Review
This report was prepared by the Economic Development and Housing Department in coordination with the Community Development Department, City Attorney and City Manager’s Office.

Budget/Cost Impact
There are no budget impacts associated with the recommended actions. Funding appropriations for the CIPs included in the grant award will be finalized through the City’s annual budget process. As the ENA and related due diligence process commences, additional data will be obtained to inform pricing and terms of disposing of the property, which will be shared with Council at a later date.

ATTACHMENTS

1. Resolution 26-13

2. Grand Gateway Preliminary Site Plan
a. Exhibit A – Market-Rate Portions
b. Exhibit B – Affordable Housing Site (817 West Capitol Avenue)

3. AHSC Projects Map
546
Attachment 1
RESOLUTION 26-13

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

AUTHORIZING THE CITY TO ENTER INTO ANY NECESSARY AGREEMENTS WITH THE

CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT TO

RECEIVE AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES GRANT FUNDS

RELATED TO THE MOSA APARTMENT HOMES AT GATEWAY PROJECT
WHEREAS, the California Department of Housing and Community Development (“Department”) and the Strategic Growth Council (“SGC”) have issued an Affordable Housing & Sustainable Communities Program (“AHSC” or “AHSC Program”) Notice of Funding Availability, dated March 25, 2025 (“AHSC Program NOFA”); and
WHEREAS, the City of West Sacramento (“Public Entity”) partnered with Hudson Valley Property Group, LLC and E. Smith & Company, Inc. who applied to the Department in response to the NOFA (the “Application”) and were determined to be eligible Applicants; and based on the Application, the Department made an award of Program funds (the “Program Award”) pursuant to the conditional award letter (“Award Letter”), dated December 10, 2025; and WHEREAS, Department and SGC have made a conditional commitment of AHSC Program funds to MOSA Apartment Homes at Gateway (the “Project”), and such commitment was made to awardees pursuant to the Award Letter in the following amount(s):

AHSC Program Award Component Amount Awarded
AHSC Program Grant Award $15,000,000
WHEREAS, the AHSC Program Grant Award expressly-identified above will hereinafter be referred to as the “AHSC Program Award.”
NOW, THEREFORE, IT IS RESOLVED, that the Public Entity is hereby authorized and directed to act in connection with the Program Award.

RESOLVED FURTHER: Public Entity is hereby authorized and directed to accept and incur an obligation for the Program Award. That in connection with the AHSC Program Award, the Public Entity is authorized and directed to enter into, execute, and deliver one or more STD 213, Standard Agreements for a sum not to exceed the full amount of the AHSC Program Award, and any and all other documents required or deemed necessary or appropriate to secure the AHSC Program Award from the Department and to participate in the AHSC Program, and all amendments thereto (collectively, the “Program Award Documents”).

RESOLVED FURTHER: Public Entity acknowledges and agrees that it shall be subject to the terms and conditions specified in the STD 2013, Standard Agreements, and that the Affordable Housing Sustainable Communities Program of 2025 NOFA and the Application will be incorporated by reference therein and made a part thererof. Public Entity also acknowledges and agrees that any and all activities, expenditures, information, and timelines represented and described in the Application are enforceable through the relevant STD 213, Standard Agreement(s). Public Entity also acknowledges and agrees that Program Award funds are to be expended only on the eligible uses and activities identified in the relevant STD 213, Standard Agreement(s).

RESOLVED FURTHER: That City Manager, of the City of West Sacramento, or his or her designee, is hereby authorized to execute the Program Award Documents and all amendments on behalf of the Public Entity.
547
Attachment 1
RESOLVED FURTHER: That this resolution shall take effect immediately upon its passage, and that any actions taken thus far in furtherance of the activities authorized by this resolution are hereby ratified.

CERTIFICATE OF THE CLERK OF THE PUBLIC ENTITY
The undersigned, Clerk of the Public Entity, does hereby attest and certify that the foregoing is a true, full, and correct copy of a resolution that was duly adopted by the Public Entity’s governing body on March 18, 2026, and that the resolution has not been altered, amended, modified, repealed, rescinded, or annulled.

PASSED AND ADOPTED this 18th day of March 2026 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
548
Grand Gateway Preliminary Site Plan
Site Plan preliminary and subject to change.

See Attachment 2 –
Exhibit B.

Attachment 2 - Exhibit A
549
Grand Gateway Affordable Housing Development Preliminary Site Plan Site Plan preliminary and subject to change.

Attachment 2 - Exhibit
B
550
City of West Sacramento AHSC Funded Improvements
1-mile buffer of Affordable Housing Site
Affordable Housing Site
Light Rail Service Extension
Light Rail Stations
New Pedestrian Improvements
New Bicycle Infrastructure
New Bus Shelters
0 miles 1/2 miles
Class I - Shared Bike Trail
Class II - On-road Bike Lane
Class III - On-Road Bike Route
Class IV - Separated Bikeway
Existing Bikeways
AHSC Elements
Attachment 3
551

CITY COUNCIL AGENDA REPORT
MEETING DATE: March 18, 2026 ITEM # 6
SUBJECT:

CONSIDERATION OF RESOLUTION 26-22 AUTHORIZING APPLICATION FOR, AND

RECEIPT OF, PROHOUSING INCENTIVE PROGRAM FUNDS
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [ X ] Staff
[ ] Other
Tanya Flores, Assistant Community Investment Planner
Economic Development and Housing
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action

OBJECTIVE
The objective of this report is to provide the Council with information needed to consider adoption of Resolution 26-22 (Attachment 1) approving an application to the State Department of Housing and Community Development for the Prohousing Incentive Program and other related actions.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:

1. Adopt Resolution 26-22 approving the submittal of an application for the Prohousing Incentive Program; and

2. Authorize the City Manager, or his designee, to execute and deliver the application and related documents and, if funded, execute a Standard Agreement, all amendments thereto, and any other related documents.

BACKGROUND
In December 2022, the City of West Sacramento received a Prohousing Designation from the State Department of Housing and Community Development (HCD). This designation recognizes jurisdictions that comply with state housing laws and adopt local prohousing policies exceeding statutory requirements. The designation provides incentives such as additional points or preference in competitive HCD-administered housing, community development, and infrastructure funding programs, and eligibility for the Prohousing Incentive Program (PIP).

In March 2023, the City applied for PIP funding to support operations of the Homekey Program at 817 West Capitol Avenue (former Rodeway Inn), which provides emergency housing for approximately 60 unhoused individuals along with case management and limited food services, with the goal of transitioning participants to permanent housing. The application was successful, and the City was awarded $970,000, the maximum available for jurisdictions of similar population. The PIP Standard Agreement was executed in September 2023, and funds were used for operational costs including utilities, security, maintenance, and case management. PIP funds have been leveraged with other sources, including the Homeless and Housing Assistance Program (HHAP), Emergency Solutions Grant (ESG), Community Development Block Grant (CDBG), and local Measure E funds.

The City applied for additional PIP funding in March 2024 (Round 2) and December 2024 (Round 3), requesting $1 million in each round. Both applications were unsuccessful due to limited funding, as priority in Rounds 2 and 3 was given to jurisdictions that had not previously received PIP awards.

ANALYSIS
On September 30, 2025, HCD released a Notice of Funding Availability for Round 4 of the PIP. Applications are due March 31, 2026. The City is eligible to apply for a base award of $500,000, plus up to an additional $450,000 bonus based on HCD’s evaluation of the City’s prohousing policies. Jurisdictions that did not receive PIP funding in Rounds 1 through 3 will receive priority consideration in Round 4. Eligible uses of funds include, but are not limited to:
 Predevelopment, development, acquisition, rehabilitation and preservation of multifamily rental housing that is affordable to extremely low-, very low-, and moderate-income households, including operating subsidies.
 Affordable rental and ownership housing that meets the needs of a growing workforce earning up to 120% of area median income.
552
Prohousing Incentive Program Resolution 26-22
March 18, 2026

Page 2 ends

 Assisting people who are experiencing or at risk of homelessness, including providing rapid rehousing, rental assistance, navigation centers, emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
 Homeownership opportunities, including but not limited to, down payment assistance.

The City currently operates a Homeless Emergency Housing Program at four locations: 817 West Capitol Avenue (Homekey Program), 920 West Capitol Avenue, 1809 West Capitol Avenue, and 1812 Merkley Avenue.

In addition, the City acquired the Westwood Motel at 1841 West Capitol Avenue in 2025 to support expansion of the City’s homeless emergency housing program. At any given time, more than 100 individuals are served by the Homeless Emergency Housing Program.

To support ongoing operations of the City’s Homeless Emergency Housing Program, staff recommends submitting a PIP Round 4 application under the “assisting persons who are experiencing or at risk of homelessness” funding category. If awarded, PIP funds would provide critical operational support for these sites and would help fund services such as case management, security and housing navigation, among others. Staff will continue to pursue additional funding sources to ensure continuity of services to program participants.

Environmental Considerations
This action is not a project 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
No commission recommendation was solicited due to application deadlines.

Strategic Plan Integration
The application aligns with the Council’s Strategic Plan Goals of facilitating housing production and housing options for everyone including the most vulnerable members of our community.

Alternatives
The following alternatives to the recommended action are submitted for the Council’s consideration:

1. Elect to not adopt Resolution 26-22 authorizing submittal of the PIP Program application; and/or

2. Modify the proposed scope of the PIP Program application.

Alternatives 1 and 2 are not recommended as they would eliminate potential funding to support ongoing operations of the Homeless Emergency Housing Program.

Coordination and Review
This report was coordinated with the City Manager’s Office and the Police Department’s Community Outreach and Support Division staff.

Budget/Cost Impact
If funded, the PIP Program application will generate up to $950,000 to support the Homeless Emergency Housing Program. The PIP Program does not require a local match.

ATTACHMENT

1. Resolution 26-22
553
Attachment 1
RESOLUTION 26-22

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

AUTHORIZING APPLICATION FOR, AND RECEIPT OF, PROHOUSING INCENTIVE

PROGRAM FUNDS
WHEREAS, pursuant to Health and Safety Code 50470 et. Seq, the California Department of Housing and Community Development (Department) is authorized to issue Guidelines as part of an incentive program (hereinafter referred to by the Department as the Prohousing Incentive Program or “PIP”); and
WHEREAS the City Council of the City of West Sacramento desires to submit a PIP grant application package (“Application”), on the forms provided by the Department, for approval of grant funding for eligible activities toward planning and implementation activities related to housing and community development as a result of meeting eligibility criteria including but not limited to Prohousing Designation; and
WHEREAS, the Department has issued Guidelines and Application on September 30, 2025, in the amount of $8,000,000 for PIP;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO (“APPLICANT”) RESOLVES AS FOLLOWS:

1. The City Manager, or his designee, is hereby authorized and directed to submit an Application to the Department in response to the NOFA, and to apply for the PIP grant funds in a total amount not to exceed $950,000;

2. In connection with the PIP grant, if the Application is approved by the Department, the City Manager, or his designee, of the City of West Sacramento is authorized and directed to enter into, execute, and deliver on behalf of the Applicant, a State of California Agreement (Standard Agreement) for the amount of $950,000, and any and all other documents required or deemed necessary or appropriate to evidence and secure the PIP grant, the Applicant’s obligations related thereto, and all amendments thereto; and

3. The Applicant shall be subject to the terms and conditions as specified in the Guidelines, and the Standard Agreement provided by the Department after approval. The Application and any and all accompanying documents are incorporated in full as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the Application will be enforceable through the fully executed Standard Agreement. Pursuant to the Guidelines and in conjunction with the terms of the Standard Agreement, the Applicant hereby agrees to use the funds for eligible uses and allowable expenditures in the manner presented and specifically identified in the approved Application.

PASSED AND ADOPTED ON this 18th day of March 2026, by the City Council of the City of West Sacramento by the following vote count:

AYES:

NAYS:

ABSENT:

ABSTAIN
Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
554

CITY COUNCIL AGENDA REPORT
MEETING DATE: March 18, 2026 ITEM # 7
SUBJECT:

CONSIDERATION OF RESOLUTION 26-1 AUTHORIZING THE ACCEPTANCE OF GRANT

FUNDING FROM THE OUTDOOR RECREATION LEGACY PARTNERSHIP PROGRAM

FOR THE BRYTE PARK IMPLEMENTATION PROJECT
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [ X ] Staff
[ ] Other
Erin Ayala, Business Manager
Parks and Recreation Department
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action

OBJECTIVE
The objective of this report is to facilitate City Council consideration of Resolution 26-1 authorizing the acceptance of $15,000,000 in grant funding from the Outdoor Recreation Legacy Partnership Program grant funding for the Bryte Park Master Plan Implementation Project.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:

1. Approve the acceptance of $15 million of grant funding from the Outdoor Recreation Legacy Program for the Bryte Park Master Plan Implementation Project;

2. Adopt Resolution 26-1 appropriating the $15 million ORLP grant funds and $604,178 from the Childcare Impact Fee fund to CIP 62138; and

3. Authorize the City Manager to execute, on the behalf of the City, any and all contracts and agreements necessary to satisfy the terms of the Outdoor Recreation Legacy Partnership Program grant.

BACKGROUND
Bryte Park is located in the northern portion of the City and is the most heavily used and programmed park in the City. The property is owned by Washington Unified School District (WUSD) but is improved and maintained by the City through a Joint Use Facilities Agreement. On January 9, 2013, the City Council adopted the Bryte Park Master Plan (BPMP), which was the result of a robust community engagement effort, developed in coordination with over 200 community members and stakeholders. The original Master Plan spanned three properties: Bryte Park, Alyce Norman Playfields/Bryte Career and College Training Campus, and Holy Cross School. The 2013 BPMP served as a roadmap to help the City leverage local, state and federal resources to implement improvements. In early 2015, the City partnered with the Walt Disney Company, KaBoom! and over 500 volunteers to plan and build a new playground in Bryte Park (Phase 1). In spring 2016, the City constructed another phase of improvements, including on-site parking, lighting, landscaping, new restrooms, a covered BBQ and picnic area, shade structure for the play area and road crossing improvements on Carrie Street (Phase 2).

The City’s Parks, Recreation and Open Space (PROS) Master Plan was approved by City Council on April 17, 2019, and provides a comprehensive approach for planning, funding, developing, and maintaining parks and recreation facilities and programs over the next 10 years. Updating and implementing the BPMP was included in the PROS 10-Year Capital Improvement Program. To further support this work, the City’s 2019 Strategic Plan included as a Management Agenda High Priority item: “Parks, Recreation and Open Space Master Plan Implementation.

In June 2023, the City Council approved a contract with Verde Design Inc. to complete 100% Design and Construction Documents for the Bryte Park Master Plan Implementation Project. Following this approval, additional community engagement meetings and discussions with City staff led to several key refinements to the plan, including the addition of an aquatics facility with a pool, expanded landscaping and green space, increased accessible walking and running paths, adjustments to the locations of the pool and splash pad seating, and the inclusion of an outdoor amphitheater. Other updates included additional restrooms, a larger maintenance yard with a separate entrance, a handball court, and a relocated outdoor classroom.

The Land and Water Conservation Fund (LWCF) provides funding to preserve and develop outdoor recreation resources, including parks, trails, and wildlife lands. Congress created the fund in 1965 with the passage of the 555
Consideration of Resolution 26-1
March 18, 2026

Page 2 ends

Land and Water Conservation Fund Act, which authorizes the Secretary of the Interior to provide financial assistance to states for the acquisition and development of public outdoor recreation areas. Because the intent of this program is to preserve and protect our natural resources, a requirement of the grant is that any park funded for acquisition of development using LWCF grant funding must be dedicated in perpetuity for public outdoor recreation.

ANALYSIS
In January 2024, the City applied for a $15 million grant through the Outdoor Recreation and Legacy Program (ORLP), funded by the Land and Water Conservation Fund (LWCF) for the implementation of the Bryte Park Master Plan. In September 2024, the City received a conditional grant award of a $15 million, pending completion of post-award requirements. This grant presents a unique opportunity, providing funding for both land acquisition and development. Since receiving the grant award notification, the City has completed the post-award requirements, including Section 106, NEPA, and CEQA compliance, while also collaborating with the Washington Unified School District on the acquisition of land for Bryte Park. A significant portion of the Bryte Park Implementation Project improvements will be used for after school programs for children, which are eligible to be funded using the City’s Childcare Impact Fees. Staff propose that $604,178 from the Childcare Impact Fund be used to finance some of the eligible improvements at Bryte Park.

Environmental Considerations
On October 5, 2016, the City Council approved the Bryte Park Master Plan Improvements Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program. A CEQA Addendum to the MND was filed with the State Clearinghouse on March 5, 2026. Federal NEPA and Section 106 reviews required for the grant have been completed in accordance with grant requirements.

Commission Recommendation
On December 3, 2024, City staff presented the Bryte Park Master Plan Implementation Project to the Parks, Recreation, and Intergenerational Services Commission, who expressed support for the acquisition of and improvements to Bryte Park.

Strategic Plan Integration
Accepting the grant funding for the Bryte Park Implementation Project supports the City Council’s Strategic Goal of “Parks and Open Spaces: Provide diverse outdoor options for recreation and communing with nature at any age.” It also supports the 2019 Parks, Recreation and Open Space Master Plan Implementation by ensuring the Park Impact Fee and funding from other funding sources, including grants, are pursued to maintain the current level of service for parks and recreation within the community.

Alternatives
In addition to the recommended action, the City Council could:

1. Choose not to approve Resolution 26-1 and not accept the grant funding.

2. Choose to delay the approval.

Options #1 and #2 are not recommended since this could jeopardize the ability to complete the Bryte Park Master Plan Implementation Project.

Coordination and Review
This report was prepared in coordination with Capital Projects, Community Development and Finance departments, the City Manager’s Office, and the City Attorney.

Budget/Cost Impact
Resolution 26-1 authorizes the acceptance of $15 million LWCF ORLP grant funding which will be added to the Bryte Park Master Plan Improvements Project (CIP-62138) budget in addition to $604,178 in Childcare Impact Fee funding to cover eligible costs. The project has a current budget of $15,525,000. The addition of the funds in Resolution 26-1 will bring the total project budget to $31,129,178 before approval of the iBank loan. The iBank loan, once approved, is intended to fully fund the entire Bryte Park Master Plan Implementation project.

ATTACHMENTS

1. Resolution 26-1

2. Grant Agreement
556
Attachment 1
RESOLUTION 26-1

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

AUTHORIZING THE ACCEPTANCE OF GRANT FUNDING FROM THE OUTDOOR

RECREATION LEGACY PARNTERNSHIP PROGRAM AND APPROPRIATING FUNDS FOR

THE BRYTE PARK IMPLEMENTATION PROJECT
WHEREAS, the Outdoor Recreation Legacy Partnership program was established in 2014 and is funded through the Land and Water Conservation Fund. ORLP is a nationally competitive program targeting grant assistance to help economically disadvantaged urban communities with no, or almost no, access to publicly available, close-by, outdoor recreation.

Funds can be used for the acquisition and/or development of, or to substantially renovate obsolete, public parks and other outdoor recreation spaces; and WHEREAS, the City of West Sacramento has applied for a $15 million grant through the Outdoor Recreation Legacy Program; and
WHEREAS, if awarded the grant, the City plans to purchase 24.62 acres of parkland, known as Bryte Park, from Washington Unified School District, and fund a highly anticipated park renovation; and
WHEREAS, on January 31, 2024 the City and the Washington Unified School District WUSD agreed to a Letter of Intent to Enter Into an Option Agreement for the Acquisition of Property Commonly Known as Bryte Park: and

WHEREAS on September 24, 2024, the City was notified that it had been selected to receive a $15,000,000 award of grant funding from the Outdoor Recreation Legacy Partnership Program; and
WHEREAS, the City will be using a significant portion of the Bryte Park Implementation Project improvements for after school programs for children, which are eligible to be funded using Childcare Impact Fees; and
WHEREAS, $831,339 is available within the Childcare Impact Fee Fund, and $604,178 in eligible costs have been identified for use of this proposed funding source; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City staff, and any other information provided during public meetings.

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

1. The City Council hereby approves amendments to the Capital Improvement Program (CIP) for the 2025/26 fiscal year as listed below.

SOURCES
$15,000,000 400-9900-4440/400-62138-4440 ORLP Grant Program $ 604,178 224-0000-3060 Childcare Impact Fee (CIF)
$ 604,178 400-9900-4990/400-62138-4990 Transfer in to Project $15,604,178 TOTAL SOURCES
USES
$ 604,178 224-9530-5950 Transfer out from CIF
$15,604,178 400-9900-5530/400-62138-5866 Bryte Park Master Plan Proj $15,604,178 TOTAL USES
557
Resolution 26-1

Page 2 ends

*Note: Interfund transfers are not included in total sources and uses to avoid duplication of totals.

2. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution.

3. This Resolution shall take effect immediately upon its adoption.

PAS5ED AND ADOPTED by the West Sacramento City Council this 18th day of March, by the following vote:

AYES:

NOES:

ABSENT:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
558
State of California • Natural Resources Agency Gavin Newsom, Governor DEPARTMENT OF PARKS AND RECREATION Armando Quintero, Director P.O. Box 942896 • Sacramento, CA 94296-0001
(916) 653-7423
Aaron Laurel
City Manager
City of West Sacramento
1110 West Capitol Avenue
West Sacramento, CA 95691
Re: Project Number: 06-01918 -- Bryte Park Master Plan Implementation Enclosed is the Grant Contract for the City of West Sacramento’s Bryte Park Master Plan Implementation, Outdoor Legacy Partnership Program (ORLP) project 06-01918, for your review and signature.

Please note that this contract includes Special Award Conditions (SACs). Strict compliance with these conditions is required.

No grant funds or required match funds may be expended until all Special Award Conditions have been fully satisfied and the City receives written authorization from the State to proceed with acquisition and subsequent development. This prohibition includes, but is not limited to, costs associated with design, planning, project management, construction management, pre-acquisition activities, or any other work related to the project.

The Special Award Conditions applicable to this project are summarized below:

NEPA Compliance
The National Park Service (NPS) has determined that additional information is required before a final NEPA determination can be made. Although funds have been obligated under the Grant Agreement, federal funds may only be used for activities directly related to achieving a final NEPA determination. No other federal expenditures are permitted until NEPA compliance is complete.

Appraisal and Appraisal Review (UASFLA / “Yellow Book”) This grant has been awarded prior to completion and certification of an appraisal and appraisal review conducted in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA). Acquisition activities may not proceed until:

1. The appraisal and certified appraisal review are approved by NPS; and

2. The City receives written authorization from OGALS to proceed.

Authorization to Proceed
Upon NPS approval of the appraisal, the State will issue written authorization to proceed with acquisition. No ground disturbance or construction-related costs may be Docusign Envelope ID: 536779D3-6752-4762-AC92-8C10E48E7140 2/26/2026
559
2 incurred prior to escrow closing. After escrow closes, the City must submit documentation demonstrating fee simple ownership. Once ownership is confirmed, the State will issue written authorization to proceed with ground disturbance and construction.

LWCF Deed Restriction
No reimbursements will be processed until the required LWCF deed restriction has been recorded on the property.

We strongly recommend that you carefully review these conditions with your project team to ensure full compliance. If you have any questions regarding the SAC requirements or timing, please contact me prior to initiating any project-related expenditures.

We look forward to receiving the fully executed agreement.

Sincerely,
Katie Buesch
Project Officer
Docusign Envelope ID: 536779D3-6752-4762-AC92-8C10E48E7140 560
State of California - Natural Resources Agency
Department of Parks and Recreation

GRANT CONTRACT
Land and Water Conservation Fund
Competitive
PROJECT NO.

GRANTEE

PROJECT TITLE PROJECT NUMBER
PROJECT DESCRIPTION:

Acquire 24.01-acre Bryte Park in the city of West Sacramento. Construct a new all-weather soccer field with lighting, 5 natural turf soccer fields, aquatics facility with pool, locker rooms, pool pump room/mechanical equipment, and restroom, nature-based splash pad, 2 shaded picnic areas, small and large dog park, 1 new basketball court, walking paths with lighting, inclusive exercise stations (par course) with natural elements, amphitheater, angled parking, 1 new parking lot, all-gender restroom, park maintenance building, with perimeter lighting and landscaping throughout. Renovate 1 basketball court, tennis courts, and expand an existing parking lot.

Total State Grant not to exceed
Grantee
The General and Special Provisions attached are made a part of and incorporated into the Contract.

By
Title
Date
Signature of Authorized Representative By
Date

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION

CERTIFICATION OF FUNDING
(For State Use Only)

AMOUNT ENCUMBERED BY THIS DOCUMENT

CONTRACT NO
FUND. PRIOR AMOUNT ENCUMBERED FOR THIS CONTRACT
FISCAL SUPPLIER I.D. TOTAL AMOUNT ENCUMBERED TO DATE
$

ITEM CHAPTER STATUTE FISCAL YEAR
Reporting Structured. Account/Alt Account. PROJECT / WORK PHASE City of West Sacramento
BRYTE PARK MASTER PLAN IMPLEMENTATION 06-01918
2025/26
C8970008 06-01918
3790-101-0890 04
City of West Sacramento
$15,000,000.00
Federal Trust Fund
37900091 5432000-5432000000
$15,000,000.00
0000003743
(or 50% of the total project, whichever is less.)
The GRANTEE agrees to the terms and conditions of this contract, hereinafter referred to as AGREEMENT, and the State of California, acting through its Liaison Officer pursuant to the program named above, and agrees to fund the total State grant amount indicated below. The GRANTEE agrees to complete the GRANT SCOPE as defined in the GRANT SCOPE/Cost Estimate Form of the APPLICATION filed with the State of California referenced by the project number indicated above. 379009101200
Typed or printed name of Authorized Representative
25 AMENDMENT NO
$15,000,000.00
Address

ACTIVITY CODE
69116
Rate of Reimbursement 47.12%
GRANT PERFORMANCE PERIOD is from August 20, 2025 thru August 19, 2030 Docusign Envelope ID: 536779D3-6752-4762-AC92-8C10E48E7140 City Manager
2/26/2026
1110 West Capitol Ave, West Sacramento, CA 95691
Aaron Laurel
Kyle Bowlin
2/27/2026
561
1 State of California — The Resources Agency

DEPARTMENT OF PARKS AND RECREATION
Land and Water Conservation Fund
Grant Contract Provisions
Part I - Definitions
A. The term “NPS” as used herein means the National Park Service, United States Department of the Interior.

B. The term “Director” as used herein means the Director of the National Park Service, or any representative lawfully delegated the authority to act for such Director.

C. The term “Secretary” as used herein means the Secretary of the Interior, or any representative lawfully delegated the authority to act for such Secretary.

D. The term “State” as used herein means the State, Territory, or District of Columbia that is a party to the project agreement, and, where applicable, the political subdivision or public agency to which funds are to be subawarded pursuant to this agreement.

Wherever a term, condition, obligation, or requirement refers to the State, such term, condition, obligation, or requirement shall also apply to the recipient political subdivision or public agency, except where it is clear from the nature of the term, condition, obligation, or requirement that it is to apply solely to the State. For purposes of these provisions, the terms “State,” “grantee,” and “recipient” are deemed synonymous.

E. The term “Land and Water Conservation Fund” or “LWCF” as used herein means the Financial Assistance to States section of the LWCF Act (Public Law 88-578, 78 Stat 897, codified at 54 U.S.C. § 2003), which is administered by the NPS.

F. The term “Manual” as used herein means the Land and Water Conservation Fund State Assistance Program Manual, Volume 71 (March 11, 2021).

G. The term “project” as used herein means a Land and Water Conservation Fund grant which is subject to the grant agreement and/or its subsequent amendments.

Part II - Continuing Assurances
The parties to the grant agreement specifically recognize that accepting LWCF assistance for the project creates an obligation to maintain the property described in the agreement and supporting application documentation consistent with the LWCF Act and the following requirements.

Further, it is the acknowledged intent of the parties hereto that recipients of LWCF assistance will use monies granted hereunder for the purposes of this program, and that assistance granted from the LWCF will result in a net increase, commensurate at least with the Federal cost-share, in a participant's outdoor recreation.

It is intended by both parties hereto that the LWCF assistance will be added to, rather than replace or be substituted for, State and/or local outdoor recreation funds.

A. The State agrees, as recipient of the LWCF assistance, that it will meet the LWCF General Provisions, and the terms and provisions as contained or referenced in, or Docusign Envelope ID: 536779D3-6752-4762-AC92-8C10E48E7140 562
2 attached to, the NPS grant agreement and that it will further impose these terms and provisions upon any political subdivision or public agency to which funds are subawarded pursuant to the grant agreement. The State also agrees that it shall be responsible for compliance with the terms and provisions of the agreement by such a political subdivision or public agency and that failure by such political subdivision or public agency to so comply shall be deemed a failure by the State to comply.

B. The State agrees that the property described in the grant agreement and depicted on the signed and dated project boundary map made part of that agreement is being acquired or developed with LWCF assistance, or is integral to such acquisition or development, and that, without the approval of the Secretary, it shall not be converted to other than public outdoor recreation use but shall be maintained in public outdoor recreation in perpetuity or for the term of the lease in the case of property leased from a federal agency. The Secretary shall approve such conversion only if it is found to be in accord with the then existing statewide comprehensive outdoor recreation plan and only upon such conditions deemed necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location (54 U.S.C. 200305(f)(3)). The LWCF post-completion compliance regulations at 36 C.F.R. Part 59provide further requirements. The replacement land then becomes subject to LWCF protection. The approval of a conversion shall be at the sole discretion of the Secretary, or her/his designee.

Prior to the completion of this project, the State and the Director may mutually agree to alter the area described in the grant agreement and depicted in the signed and dated project boundary map to provide the most satisfactory public outdoor recreation unit, except that acquired parcels are afforded LWCF protection as Fund reimbursement is provided.

In the event the NPS provides LWCF assistance for the acquisition and/or development of property with full knowledge that the project is subject to reversionary rights and outstanding interests, conversion of said property to other than public outdoor recreation use as a result of such right or interest being exercised will occur. In receipt of this approval, the State agrees to notify the NPS of the potential conversion as soon as possible and to seek approval of replacement property in accord with the conditions set forth in these provisions and the program regulations. The provisions of this paragraph are also applicable to: leased properties developed with LWCF assistance where such lease is terminated prior to its full term due to the existence of provisions in such lease known and agreed to by the NPS; and properties subject to other outstanding rights and interests that may result in a conversion when known and agreed to by the NPS.

C. The State agrees that the benefit to be derived by the United States from the full compliance by the State with the terms of this agreement is the preservation, protection, and the net increase in the quality and quantity of public outdoor recreation facilities and resources which are available to the people of the State and of the United States, and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the United States by way of assistance under the terms of this agreement. The State agrees that payment by the State to the United States of an amount equal to the amount of assistance extended under this agreement by the United Docusign Envelope ID: 536779D3-6752-4762-AC92-8C10E48E7140 563
3 States would be inadequate compensation to the United States for any breach by the State of this agreement.

The State further agrees, therefore, that the appropriate remedy in the event of a breach by the State of this agreement shall be the specific performance of this agreement or the submission and approval of a conversion request as described in Section II.B above.

D. The State agrees to comply with the policies and procedures set forth in the Manual.

Provisions of said Manual are incorporated into and made a part of the project grant agreement.

E. The State agrees that the property and facilities described in the grant agreement shall be operated and maintained as prescribed by Manual requirements and published post-completion compliance regulations (36 C.F.R. Part 59).

F. The State agrees that a notice of the grant agreement shall be recorded in the public property records (e.g., registry of deeds or similar) of the jurisdiction in which the property is located, to the effect that the property described and shown in the scope of the grant agreement and the signed and dated project boundary map made part of the agreement, has been acquired or developed with LWCF assistance and that it cannot be converted to other than public outdoor recreation use without the written approval of the Secretary as described in Part II.B. above.

G. Nondiscrimination

1. By signing the LWCF agreement, the State certifies that it will comply with all Federal laws relating to nondiscrimination as outlined in Section V of the Department of the Interior Standard Award Terms and Conditions.

2. The State shall not discriminate against any person on the basis of residence, except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence as set forth in 54 U.S.C. § 200305(i) and the Manual.

Part III - Project Assurances
A. Project Application

1. The Application for Federal Assistance bearing the same project number as the Grant Agreement and associated documents is by this reference made a part of the agreement.

2. The State possesses legal authority to apply for the grant, and to finance and construct the proposed facilities. A resolution, motion or similar action has been duly adopted or passed authorizing the filing of the application, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the State to act in connection with the application and to provide such additional information as may be required.

Docusign Envelope ID: 536779D3-6752-4762-AC92-8C10E48E7140 564
4 3. The State has the capability to finance the non-Federal share of the costs for the project. Sufficient funds will be available to assure effective operation and maintenance of the facilities acquired or developed by the project.

B. Project Execution

1. The project period shall begin with the date of approval of the project agreement or the effective date of a waiver of retroactivity and shall terminate at the end of the stated or amended project period unless the project is completed or terminated sooner in which event the project shall end on the date of completion or termination.

2. The State shall transfer to the project sponsor identified in the Application for Federal Assistance all funds granted hereunder except those reimbursed to the State to cover eligible expenses derived from a current approved negotiated indirect cost rate agreement.

3. The State will cause work on the project to start within a reasonable time after receipt of notification that funds have been approved and assure that the project will be implemented to completion with reasonable diligence.

4.. The State shall secure completion of the work in accordance with approved construction plans and specifications, and shall secure compliance with all applicable Federal, State, and local laws and regulations.

5. The State will provide for and maintain competent and adequate architectural/ engineering supervision and inspection at the construction site to ensure that the completed work conforms with the approved plans and specifications; that it will furnish progress reports and such other information as the NPS may require.

6. In the event the project covered by the project agreement cannot be completed in accordance with the plans and specifications for the project; the State shall bring the project to a point of recreational usefulness agreed upon by the State and the Director or her/his designee in accord with Section “Project Termination” of this agreement.

7. As referenced in the DOI Standard Terms and Conditions, the State will ensure the project’s compliance with applicable federal laws and their implementing regulations, including: the Architectural Barriers Act of 1968 (P.L. 90-480) and DOI’s Section 504 Regulations (43 C.F.R. Part 17); the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646), and applicable regulations; and the Flood Disaster Protection Act of 1973 (P.L. 93-234).

8. The State will comply with the provisions of: Executive Order 11988, relating to evaluation of flood hazards; Executive Order 11288, relating to the prevention, control, and abatement or water pollution, and Executive Order 11990 relating to the protection of wetlands.

9. The State will assist the NPS in its compliance with Section 106 of the National Historic Preservation Act of 1966 (54 U.S.C. § 306108) and the Advisory Council on Historic Preservation regulations 36 C.F.R. Part 800) by adhering to procedural requirements while considering the effect of this grant award on historic properties. The Act requires federal agencies to take into account the effects of their undertaking (grant Docusign Envelope ID: 536779D3-6752-4762-AC92-8C10E48E7140 565
5 award) on historic properties by following the process outlined in regulations. That process includes (1) initiating the process through consultation with the State Historic Preservation Officer and other on the undertaking, as necessary, by (2) identifying historic properties listed on or eligible for inclusion on the National Register of Historic Places that are subject to effects by the undertaking, as necessary, by (3) assessing the effects of the undertaking upon such properties, if present, and by (4) resolving adverse effects through consultation and documentation according to 36 C.F.R. § 800.11. If an unanticipated discovery is made during implementation of the undertaking the State in coordination with NPS shall consult per provisions 36 C.F.R § 800.13.

10. The State will assist the NPS in its compliance with the National Environmental Policy Act of 1969, as amended (42 U.S.C. §4321 et seq.) and the CEQ regulations (40 C.F.R. § 1500-1508), by adhering to procedural requirements while considering the consequences of this project on the human environment. This Act requires Federal agencies to take into account the reasonably foreseeable environmental consequences of all grant-supported activities. Grantees and subrecipients are required to provide the NPS with a description of any foreseeable impacts to the environment from grantsupported activities or demonstrate that no impacts will occur through documentation provided to the NPS. The applicant must submit an Application & Revision Form in order to asst the NPS in determining the appropriate NEPA pathway when grantassisted development and other ground disturbing activities are expected. If a Categorical Exclusion (CE) is the appropriate NEPA pathway, the NPS will confirm which CE, according to NPS Director’s Order 12, applies.

C. Construction Contracted for by the State Shall Meet the Following Requirements:

1. Contracts for construction shall comply with the provisions of 43 CFR Part 12 (Administrative and Audit Requirements and Cost Principles for Assistance Programs, Department of the Interior).

2. No grant or contract may be awarded by any grantee, subgrantee or contractor of any grantee or subgrantee to any party which has been debarred or suspended under Executive Order 12549. By signing the LWCF agreement, the State certifies that it will comply with debarment and suspension provisions appearing at Part III-J herein.

D. Retention and Custodial Requirements for Records

1. Financial records, supporting documents, statistical records, and all other records pertinent to this grant shall be retained in accordance with 43 CFR Part 12 for a period of three years; except the records shall be retained beyond the three-year period if audit findings have not been resolved.

2. The retention period starts from the date of the final expenditure report for the project.

3. State and local governments are authorized to substitute copies in lieu of original records.

4. The Secretary of the Interior and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the State and local governments and their subgrantees which Docusign Envelope ID: 536779D3-6752-4762-AC92-8C10E48E7140 566
6 are pertinent to a specific project for the purpose of making audit, examination, excerpts and transcripts.

E. Project Termination

1. The Director may temporarily suspend Federal assistance under the project pending corrective action by the State or pending a decision to terminate the grant by the NPS.

2. The State may unilaterally terminate the project at any time prior to the first payment on the project. After the initial payment, the project may be terminated, modified, or amended by the State only by mutual agreement with the NPS.

3. The Director may terminate the project in whole, or in part, at any time before the date of completion, whenever it is determined that the grantee has failed to comply with the conditions of the grant. The Director will promptly notify the State in writing of the determination and the reasons for the termination, together with the effective date.

Payments made to States or recoveries by the NPS under projects terminated for cause shall be in accord with the legal rights and liabilities of the parties.

4. The Director or State may terminate grants in whole, or in part at any time before the date of completion, when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. The two parties shall agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. The grantee shall not incur new obligations for the terminated portion after the effective date and shall cancel as many outstanding obligations as possible. The NPS may allow full credit to the State for the Federal share of the noncancelable obligations, properly incurred by the grantee prior to termination.

5. Termination either for cause or for convenience requires that the project in question be brought to a state of recreational usefulness agreed upon by the State and the Director or that all funds provided by the NPS be returned.

F. Lobbying with Appropriated Funds
The State must certify, for the award of grants exceeding $100,000 in Federal assistance, that no Federally appropriated funds have been paid or will be paid, by or on behalf of the State, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding, extension, continuation, renewal, amendment, or modification of this grant. In compliance with Section 1352, title 31, U.S. Code, the State certifies, as follows:

The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, Docusign Envelope ID: 536779D3-6752-4762-AC92-8C10E48E7140 567
7 amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard FormLLL, "Disclosure Form to Report Lobbying,” in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

G. Provision of a Drug-Free Workplace
In compliance with the Drug-Free Workplace Act of 1988 (43 CFR Part 12, Subpart D), the State certifies, as follows:

The grantee certifies that it will or continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition;
(b) Establishing an ongoing drug-free awareness program to inform employees about:
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of a grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will:
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; Docusign Envelope ID: 536779D3-6752-4762-AC92-8C10E48E7140 568
8 (e) Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices.

Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted; (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f).

The State must include with its application for assistance a specification of the site(s) for the performance of work to be done in connection with the grant.

H. Hold Harmless
The Grantee shall indemnify the State of California and its officer, agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liability due to, or arising out of, either in whole or in part, whether directly or indirectly, the organization, Development, construction, operation, or maintenance of the Project.

I. Civil Rights Assurance
The State certifies that, as a condition to receiving any Federal assistance from the Department of the Interior, it will comply with all Federal laws relating to nondiscrimination. These laws include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-1), which prohibits discrimination on the basis of race, color, or national origin; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination on the basis of handicap; (c) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et. seq.), which prohibits discrimination on the basis of age; and applicable regulatory requirements to the end that no person in the United States shall, on the grounds of race, color, national origin, handicap or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity conducted by the applicant. THE APPLICANT HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement.

THIS ASSURANCE shall apply to all aspects of the applicant's operations including those parts that have not received or benefited from Federal financial assistance.

If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant by the Department, this assurance shall Docusign Envelope ID: 536779D3-6752-4762-AC92-8C10E48E7140 569
9 obligate the Applicant, or in the case of any transfer of such property, any transferee, for the period during which it retains ownership or possession of the property. In all other cases, this assurance shall obligate the Applicant for the period during which the Federal financial assistance is extended to it by the Department.

THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Applicant by the Department, including installment payments after such date on account of applications for Federal financial assistance which were approved before such date.

The Applicant recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United State shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, and subrecipients and the person whose signature appears on the grant agreement and who is authorized to sign on behalf of the Applicant J. Debarment and Suspension
Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions
(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission or embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

The State further agrees that it will include the clause "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions" appearing below in any agreement entered into with lower tier participants in the implementation of this grant. Department of Interior Form 1954 (DI1954) may be used for this purpose.

Docusign Envelope ID: 536779D3-6752-4762-AC92-8C10E48E7140 570
10 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion - Lower Tier Covered Transactions
(1) The prospective lower tier participant certifies, by submission of this application that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this application.

K. Build America, Buy America
As required by Section 70914 of the Bipartisan Infrastructure Law (also known as the Infrastructure Investment and Jobs Act), P.L. 117-58, on or after May 14, 2022, none of the funds under a federal award that are part of Federal financial assistance program for infrastructure may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States, unless subject to an approved waiver. The requirements of this section must be included in all subawards, including all contracts and purchase orders for work or products under this program.

Recipients of an award of Federal financial assistance are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless:

1. all iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;

2. all manufactured products used in the project are produced in the United States —this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and

3. all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States.

The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within Docusign Envelope ID: 536779D3-6752-4762-AC92-8C10E48E7140 571
11 the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

For further information on the Buy America preference, please visit www.doi.gov/grants/BuyAmerica. Additional information can also be found at the White House Made in America Office website: www.whitehouse.gov/omb/management/madeinamerica/.

Waivers
When necessary, recipients may apply for, and the Department of the Interior (DOI) may grant, a waiver from these requirements, subject to review by the Made in America Office. The DOI may waive the application of the domestic content procurement preference in any case in which it is determined that one of the below circumstances applies:

1. Non-availability Waiver: the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality;

2. Unreasonable Cost Waiver: the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent; or

3. Public Interest Waiver: applying the domestic content procurement preference would be inconsistent with the public interest.

There may be instances where an award qualifies, in whole or in part, for an existing DOI general applicability waiver as described at:
www.doi.gov/grants/BuyAmerica/GeneralApplicabilityWaivers.

If the specific financial assistance agreement, infrastructure project, or non-domestic materials meets the criteria of an existing general applicability waiver within the limitations defined within the waiver, the recipient is not required to request a separate waiver for non-domestic materials.

If a general applicability waiver does not already apply, and a recipient believes that one of the above circumstances applies to an award, a request to waive the application of the domestic content procurement preference may be submitted to the financial assistance awarding officer in writing. Waiver requests shall include the below information. The waiver shall not include any Privacy Act information, sensitive data, or proprietary information within their waiver request. Waiver requests will be posted to www.doi.gov/grants/buyamerica and are subject to public comment periods of no less than 15 days. Waiver requests will also be reviewed by the Made in America Office.

1. Type of waiver requested (non-availability, unreasonable cost, or public interest).

2. Requesting entity and Unique Entity Identifier (UEI) submitting the request.

3. Department of Interior Bureau or Office who issued the award.

Docusign Envelope ID: 536779D3-6752-4762-AC92-8C10E48E7140 572
12 4. Federal financial assistance listing name and number (reference block 2 on DOI Notice of Award)

5. Financial assistance title of project (reference block 8 on DOI Notice of Award).

6. Federal Award Identification Number (FAIN).

7. Federal funding amount (reference block 11.m. on DO Notice of Award).

8. Total cost of Infrastructure expenditures (includes federal and non-federal funds to the extent known).

9. Infrastructure project description(s) and location(s) (to the extent known).

10.List of iron or steel item(s), manufactured goods, and construction material(s) the recipient seeks to waive from Buy America requirements. Include the name, cost, countries of origin (if known), and relevant PSC or NAICS code for each.

11.A certification that the recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with the prime contractor.

12.A statement of waiver justification, including a description of efforts made (e.g., market research, industry outreach) by the recipient, in an attempt to avoid the need for a waiver. Such a justification may cite, if applicable, the absence of any Buy America compliant bids received in response to a solicitation.

13.Anticipated impact if no waiver is issued. Approved waivers will be posted at www.doi.gov/grants/BuyAmerica/ApprovedWaivers; recipients requesting a waiver will be notified of their waiver request determination by an awarding officer.

Questions pertaining to waivers should be directed to the financial assistance awarding officer.

Definitions
“Construction materials” includes an article, material, or supply that is or consists primarily of:
• non-ferrous metals;
• plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); • glass (including optic glass);
• lumber;
• or drywall.
“Construction Materials” does not include cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives. “Domestic content procurement preference’’ means all iron and steel used in the project are produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States.
“Infrastructure” includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and Docusign Envelope ID: 536779D3-6752-4762-AC92-8C10E48E7140 573
13 wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property. Infrastructure includes facilities that generate, transport, and distribute energy.
‘‘Project’’ means the construction, alteration, maintenance, or repair of infrastructure in the United States.

L. Special Award Conditions

Please note that this contract includes Special Award Conditions (SACs). Strict compliance with these conditions is required.

The Special Award Conditions applicable to this project are summarized below:

Acquisition activities may not proceed until:

1. The appraisal and certified appraisal review are approved by NPS; and

2. The City receives written authorization from OGALS to proceed.

Authorization to Proceed
Upon NPS approval of the appraisal, the State will issue written authorization to proceed with acquisition.

No ground disturbance or construction-related costs may be incurred prior to escrow closing. After escrow closes, the City must submit documentation demonstrating fee simple ownership. Once ownership is confirmed, the State will issue written authorization to proceed with ground disturbance and construction.

LWCF Deed Restriction
No reimbursements will be processed until the required LWCF deed restriction has been recorded on the property.

We strongly recommend that you carefully review these conditions with your project team to ensure full compliance.

Docusign Envelope ID: 536779D3-6752-4762-AC92-8C10E48E7140 574

CITY COUNCIL AGENDA REPORT
MEETING DATE: March 18, 2026 ITEM # 8
SUBJECT:

CONSIDERATION OF ACCEPTANCE OF THE FY 2024 HOMELAND SECURITY GRANT PROGRAM (HSGP) – URBAN AREA SECURITY INITIATIVE (UASI) SUBAWARD OF $21,241 FOR THE PURCHASE OF EOD EQUIPMENT AND ADOPTION OF RESOLUTION 26-14 ACCEPTING AND APPROPRIATING FUNDING FOR THE GRANT INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [ X ] Staff
[ ] Other
Dea Pugh, Police Support Services Manager
Police Department
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action

OBJECTIVE
The objective of this report is to provide the City Council with information needed to consider acceptance of the FY/2024 Homeland Security Grant Program-Urban Area Security Initiative subaward for $21,241, which will fund the purchase of EOD (Explosive Ordinance Disposal) equipment.

RECOMMENDED ACTION
Staff respectfully recommends the Council:

1. Adopt resolution 26-14 authorizing the acceptance of the FY 2024 Homeland Security Grant ProgramUrban Area Security Initiative subaward for $21,241; and

2. Authorize the City Manager or designee to execute all grant-related documents, contracts and purchase orders for the purchases related to the grant.

BACKGROUND
The Urban Area Security Initiative (UASI) is a component of the Homeland Security Grant Program (Federal Assistance Listing #97.067), established under the Homeland Security Act of 2002 to provide federal funding to the most populous metropolitan statistical areas (MSAs) based on an assessment of terrorism risk. The purpose of the UASI Program is to assist high-threat, high-density urban areas in developing, sustaining, and enhancing capabilities to prevent, protect against, prepare for, and respond to acts of terrorism and other hazards.

A pass-through grant process has allocated $21,241 to the City for the purpose of enhancing their communication capabilities and increasing officer survivability when responding to incidents requiring the remote opening, examining, and/or handling or potential explosive threats, as well as the mitigation, suppression, and deflection of triggered/initiated explosive ordinance.

ANALYSIS
The West Sacramento Police Department requires the applicable Explosive Ordnance Disposal (EOD) equipment to enhance officer and public safety by enabling better remote opening, examination, and handling of suspected explosive devices while mitigating, suppressing, or deflecting potential blasts. These tools—such as remote examination systems, protective headsets, blast-resistant handling gear, and tactical electronics— provide critical standoff capabilities that reduce risk to personnel during investigation and neutralization of hazardous materials. With this equipment, the West Sacramento Police Department can more effectively respond to explosive threats, minimize disruption to the community, and protect first responders from injury, thereby addressing current gaps in our EOD response capabilities and aligning with best practices in public safety. Without these upgrades, responders remain at increased risk when approaching or manipulating suspicious devices, potentially leading to preventable injuries, property damage, and prolonged scene closures.

UASI funds are allocated by the U.S. Department of Homeland Security (DHS) to State Administrative Agencies (SAAs), which in turn distribute subawards to eligible local jurisdictions. The California Office of Emergency Services (CalOES) serves as the SAA for the State of California and has been awarded a FY 2024 UASI allocation in the amount of $2,820,672 to the Sacramento urban area, which includes Sacramento, El Dorado, Placer and Yolo counties. The UASI Program is locally administered by the Sacramento Police Department through its Regional Office of Homeland Security and is authorized to subaward UASI funding to regional stakeholders for the continued implementation of program goals and objectives.

The City was notified in January 2026 that a $21,241 subaward was approved for the EOD equipment and a grant agreement was provided for effectuating the purchase. (See Attachment 1). The identified equipment was 575
UASI Grant for EOD Equipment
March 18, 2026

Page 2 ends

selected by the UASI regional agencies based on their interoperability and demonstrated success in improving the survivability of officers conducting EOD operations.

The period of performance for the grant is March 15, 2026, through March 15, 2027, and funds for the purchase of the equipment will be subsequently reimbursed.

Commission Recommendation
Not applicable.

Strategic Plan Integration
This action furthers the city’s strategic plan of ensuring our community is “Safe and Secure”.

Alternatives

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

2. The Council may choose to purchase the Peregrine software with alternative City funds.

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

Budget/Cost Impact
Resolution 26-14 appropriates the HSGP-UASI grant funding to use for the purchase of the Peregrine software.

The funding awarded through the HSGP-UASI grant will reimburse the City of West Sacramento following the purchase of the Peregrine software.

ATTACHMENTS

1. FY2024 HSGP - UASI Grant Award Agreement 110525

2. Resolution 26-14
576
1 CONTRACT #:

CONTRACT NAME:

CONTRACT PROJECT #:

DEPARTMENT:

DIVISION:

CITY OF SACRAMENTO

SUBAWARD AGREEMENT
THIS SUBAWARD AGREEMENT ("Agreement" or "Contract") is made and entered into by and between the City of Sacramento, a municipal corporation (the "City"), and (the "Subrecipient"). In
consideration of the mutual covenants set forth herein and the mutual benefits to be derived therefrom, the City and Subrecipient (each a "Party" and collectively, the "Parties") agree as follows:

I. GENERAL INFORMATION
§1.1 Federal Award Information
The "Federal award" (as such term is defined in the Code of Federal Regulations ("CFR"), 2 CFR §200.1, and used in this Agreement) is the:

Grant Program Name
FAIN #
CFDA #
Federal Award Date
This is not a "Research & Development" award as defined in 2 CFR §200.1 and 200.331, and there is no "indirect cost rate" for this federal award as defined in 2 CFR §200.1 and 200.331.

The "Federal awarding agency" (as such term is defined in 2 CFR §200.1 and used in this Agreement) is the United States Department of Homeland Security, Federal Emergency Management Agency, Grants Program Directorate ("DHS").

The State of California, through its Governor's Office of Emergency Services ("CalOES"), acts as the "pass-through entity" (as such term is defined in 2 CFR §200.1 and used in this Agreement) for the subaward of the Federal award to the City for the benefit of the Sacramento Urban Area in the amount of $ . §1.2 Subaward Information and Period of Performance
Subrecipient hereby accepts the following subaward ("Subaward") of the Federal award upon the terms and conditions set forth in this Agreement:

Subaward Amount
577
2 Period of Performance (“Term”)
Subrecipient SAM Unique Entity Identifier
The term of this Agreement shall be the "Term" as set forth in this Section 1.2. §1.3 Parties and Notice
The Parties to this Agreement, and their respective representatives who are authorized to administer this Agreement and to whom formal notices, demands and communications shall be given are as follows:

Party: City of Sacramento
Authorized Representative:

Authorized Department:

Address:

Phone:

E-Mail:

Party:

Authorized Representative:

Authorized Department:

Address:

Phone:

E-mail:

Formal notices, demands, and communications to be given hereunder by either Party shall be made in writing and may be affected by personal delivery or by registered or certified mail, postage prepaid, return receipt requested and shall be deemed communicated as of the date of mailing. If the name of the person designated to receive the notices, demands or communications or the address of such person is changed, written notice shall be given, in accordance with this section, within five business days of said change.
§1.4 Authorities
Subrecipient warrants that it has obtained written authorization from its governing board or authorized body to execute this Agreement and accept and use the Subaward.

Subrecipient further warrants that such written authorization specifies that Subrecipient, governing board or authorized body agree:

A. That any liability arising out of the use of the Subaward, and any products or services purchased therefrom, shall be the responsibility of Subrecipient, 578
3 governing board or authorized body. City disclaims all liability as to the use of the Subaward, and any products of services purchased therefrom.

B. That Subaward funds shall not be used to supplant expenditures controlled by governing board or authorized body.

C. That the official executing this Agreement is authorized to do so. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
579
4 II. SUBAWARD TERMS AND CONDITIONS
§2.1 Summary of Requirements
By executing this Agreement, Subrecipient hereby agrees that it shall comply with all terms and conditions set forth in this Agreement, which includes all guidance, regulations and requirements (collectively, "Requirements") of the Federal awarding agency and CalOES that are applicable to a recipient and/or subrecipient of a Federal award or grant. Such Requirements are set forth in the following documents and incorporated herein by this reference:

A. Department of Homeland Security FY Homeland Security Grant Program Notice of Funding Opportunity ("DHS NOFO");
B. FY DHS Standard Terms and Conditions ("DHS Standard
Conditions") (Exhibit A);
C. FEMA Information Bulletins ("IB");
D. CalOES Homeland Security Grant Program California
Supplement to the Federal Notice of Funding Opportunity ("CalOES Supplement"),
E. CalOES Standard Assurances for All CalOES Federal Grant Programs ("CalOES Assurances") (Exhibit B);
F. CalOES Grant Management Memos ("GMM"); and
G. The cost principles, uniform administrative requirements and audit requirements for federal grant programs as housed in Title 2, Part 200 of the CFR and in updates issued by the Office of Management and Budget ("OMB") on http://lwww.whitehouse.gov/omb/ .

Subrecipient hereby certifies that it has the institutional, managerial and financial capability to ensure proper planning, management and completion of its projects being funded by the Subaward.
§2.2 City Administrative Requirements
A. Subrecipient acknowledges and agrees that the City is acting as a "passthrough entity" (as such term is defined in 2 CFR §200.74 and used in this Agreement) for this Subaward and that the City shall have the rights and obligations relating to this Subaward and its administration as set forth in this Agreement and in 2 CFR Part 200.

B. The City shall provide Subrecipient with an electronic Workbook of Subrecipient's projects (“Subrecipient Workbook”) (Exhibit C). The Workbook contains detailed listings of items and projects and the amount of Subaward funds allocated for such items and projects.
580
5 Subrecipient shall use the Subaward funds strictly in accordance with the Workbook, and any expenditures not so made shall be deemed disallowed under this Subaward.

Any request by Subrecipient to modify the Workbook must be made in writing and accompanied by a completed Modification Request Form, which is located in the Subrecipient Workbook, all required supporting documentation and a revised Workbook showing such modification.

Workbook modification requests must be submitted prior to deadlines set by the City. Inaccurate or incomplete requests shall be returned to the Subrecipient for revision. Subrecipient shall not expend any funds on modified Workbook items until such modification is approved by the City and CalOES.

C. Subrecipient agrees that any equipment, product, service or activity funded with this Subaward shall comply with any and all technological and/or interoperability specifications and standards as may be approved by the Sacramento Urban Area region, and any such equipment, product, service or activity not so compliant shall be not eligible for funding by this Subaward.

Subrecipient shall further ensure that it retains from its contractors, subcontractors, and vendors all rights related to inventions, copyrightable materials, and data for which the Federal awarding agency and CalOES has rights to, as more fully set forth in 2 CFR §315 and Section 2.3.P. of this Agreement.

D. Any "equipment" (as such term is defined in 2 CFR §200.33 and used in this Agreement) acquired or obtained with Subaward funds:

1. Shall be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the Sacramento Urban Area, and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan;

2. Shall be consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy; and

3. Shall have a Sacramento Urban Area identification decal affixed to it.

Subrecipient shall take a physical inventory of all equipment acquired or obtained with Subaward funds and reconcile the results with equipment records at least once every year.

E. This Subaward is not a "fixed amount award" as such term is defined in 2 CFR §200.45. Subrecipient agrees that disbursement of this Subaward to Subrecipient shall be made on a reimbursement method. If Subrecipient requests advance payment of Subaward funds, Subrecipient shall comply with, and provide 581
6 evidence to the City of compliance with, the criteria and obligations related to the use of advance payments as set forth in 2 CFR §200.305 as well as satisfying any other City and CalOES requirements for advance payments.

In requesting reimbursement from Subaward funds, Subrecipient shall provide to the City a completed Reimbursement Request Form, which is located in the Subrecipient Workbook, along with invoices, purchase orders, proof of delivery, proof of payment and payroll records, timesheets, receipts and any other supporting documentation necessary to fully and accurately describe the expenditure of funds for which reimbursement from the Subaward is requested (collectively, the "Reimbursement Request").

All such supporting documentation for the Reimbursement Request shall satisfy applicable Federal, State and City audit and review standards and requirements.

Such documentation shall be prepared at the sole expense and responsibility of Subrecipient, and the City and the Subaward will not reimburse the Subrecipient for any costs incurred for such preparation.

The City reserves the right to request additional supporting documentation to substantiate costs incurred at any time. Inaccurate and/or incomplete Reimbursement Requests shall be returned to Subrecipient for revision.

The City shall forward Reimbursement Requests to CalOES for payment within thirty (30) days of receipt, provided such request is deemed accurate and complete. The City shall reimburse Subrecipient within thirty (30) days of its receipt of funds from CalOES.

Final Reimbursement Requests for this Subaward must be received by the City no later than days following the end of the Term to allow the City sufficient time to complete close-out activities for this Subaward (the "Reimbursement Deadline").

After the Reimbursement Deadline, any unexpended Subaward funds may be re-directed to other needs across the Sacramento Urban Area region. The City will notify Subrecipient, in writing, when unexpended Subaward funds may be re-directed.

F. Subrecipient acknowledges that the City makes no commitment to disburse Subaward funds beyond the terms set forth herein and that funding for all periods during the Subaward Term is subject to the continuing availability to the City of federal funds for this Subaward from CalOES and the Federal awarding agency. This Agreement may be terminated immediately upon written notice to Subrecipient of any loss or reduction of Subaward funds. 582
7 §2.3 DHS and CalOES Requirements
Subrecipient shall comply with all Requirements promulgated by DHS (which is the Federal awarding agency for this Subaward) and CalOES which are applicable to this Subaward and set forth in Section 2.1. Some of these DHS and CalOES Requirements are set forth below in this Section 2.3.

A. Subrecipient will not use Subaward funds to supplant (replace) funds that have been budgeted for the same purpose through non-federal sources. Upon request by the City, CalOES and/or the Federal awarding agency, Subrecipient shall be required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than the receipt or expected receipt of Subaward funds. Subrecipient shall not charge any costs allocable under this Subaward to any other Federal award to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of Federal awards, or for other reasons. Subrecipient shall not be delinquent in the repayment of any Federal debt. Subrecipient must request instruction from the City and CalOES for proper disposition of any original or replacement equipment acquired with Subaward funds.

B. Subrecipient shall comply with the requirement of 31 U.S.C. Section 3729- 3733, which sets forth that no subgrantee, recipient or subrecipient of federal funds or payments shall submit a false claim for payment, reimbursement or advance. Subrecipient agrees to be subject to the administrative remedies as found in 38 U.S.C. Section 3801-3812 for violations of this requirement.

C. Subrecipient shall comply with the provisions of DHS Specific Acknowledgements and Assurances section set forth in the DHS Standard Conditions and the Reporting Accusations and Findings of Discrimination section of the CalOES Assurances.

D. Subrecipient shall comply with the provisions of the Lobbying and Political Activities section set forth in the CalOES Assurances. In connection thereto, Subrecipient hereby certifies that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of Subrecipient, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or 583
8 employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, Subrecipient shall complete and submit Standard Form-LLL "Disclosure Form to Report Lobbying" in accordance with its instructions.

3. Subrecipient shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

Subrecipient shall comply with provisions of the Hatch Act (5 U.S.C.§1501-1508 and §7324-7328) which limits the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.

E. As required by Executive Orders (EO) 12549 and 12689, and 2 CFR§200.213 and codified in 2 CFR Part 180, Subrecipient shall provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. Subrecipient hereby certifies that it and its principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

2. Have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 2.3.E.2. above; and

4. Have not within a three-year period preceding this Agreement had one or more public transactions (Federal, State, or local) terminated for cause or default.

F. Subrecipient shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §701 et seq.) which is adopted at 2 CFR Part 3001. In connection thereto, Subrecipient hereby certifies that it will or will continue to provide a drug-free workplace and a drug-free awareness program as outlined in such Act.

G. Subrecipient shall comply with all Federal statutes relating to non- discrimination, 584
9 including, without limitation, those statutes and provisions set forth in the NonDiscrimination and Equal Employment Opportunity section of the CalOES Assurances.

Subrecipient hereby certifies that it will comply with the Americans with Disabilities Act, 42 U.S.C. §12101 et seq., and its implementing regulations (ADA), the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), Pub. L. 110-325 and all subsequent amendments, Section 504 of the Rehabilitation Act of 1973 (Rehab. Act), as amended, 29 U.S.C. 794 and 24 CFR Parts 8 and 9, the Uniform Federal Accessibility Standards (UFAS), 24 CFR, Part 40, and the Fair Housing Act, 42 U.S.C. 3601, et seq.; 24 CFR Parts 100, 103, and 104 (FHA) and all implementing regulations. Subrecipient will provide reasonable accommodations to allow qualified individuals with disabilities to have access to and to participate in its programs, services and activities in accordance with the provisions of the ADA, the ADAAA, the Rehab Act, the UFAS and the FHA and all subsequent amendments.

Subrecipient will not discriminate against persons with disabilities or against persons due to their relationship to or association with a person with a disability.

Any contract entered into by Subrecipient (or any subcontract thereof), relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of this paragraph.

H. Subrecipient shall comply with the provisions set forth in the Environmental Standards section of the CalOES Assurances.

I. Subrecipient shall comply with the provisions set forth in the ReportingAccountability section of the CalOES Assurances, which relate to compliance with the Federal Funding Accountability and Transparency Act and statutory requirements for whistleblower protections.

J. Subrecipient shall comply with the provisions set forth in the Human Trafficking section of the CalOES Assurances, which relate to compliance with the Trafficking Victims Protection Act (TVPA) of 2000.

K. Subrecipient shall comply with the provisions set forth in the Labor Standards section and Worker's Compensation section of the CalOES Assurances, which relate to compliance with various Federal statutes regarding labor standards and State worker's compensation requirements.

L. Subrecipient shall comply with the provisions set forth in the Property- Related section of the CalOES Assurances and the provisions applicable to construction projects as set forth in the Certifications Applicable to Federally Funded Construction Projects section of the CalOES Assurances.

M. Subrecipient acknowledges the applicability of the Freedom of Information Act and the California Public Records Act to certain information as more fully set 585
10 forth in the Freedom of Information Act section of the CalOES Assurances.

N. Subrecipient shall comply with the provisions set forth in the Best Practices for Collection and Use of Personally Identifiable Information (PII) section of the CalOES Assurances.

O. Subrecipient shall comply with the provisions set forth in the Acknowledgement of Federal Funding from DHS and Use of DHS Seal, Logo and Flags section of the CalOES Assurances, which relate to requirements for acknowledging the use of federal funds and obtaining approval for use of various DHS seals and logos.

P. Subrecipient shall affix applicable copyright notices as required under the Copyright section of the CalOES Assurances and shall comply with and be subject to the provisions set forth in the Patents and Intellectual Property Rights section of the DHS Standard Conditions and the CalOES Assurances.

Q. If the total value of Subrecipient's currently active grants, cooperative agreements, and procurement contracts from all Federal assistance office exceeds $10,000,000 for any period of time during the period of performance of this Subaward, Subrecipient shall comply with the provisions set forth in the Reporting of Matters Related to Recipient Integrity and Performance section of the DHS Standard Conditions and the CalOES Assurances.

R. Subrecipient shall comply with the SAFECOM Guidance for Emergency Communication Grants when using Subaward funds in connection with emergency communication equipment, including provisions on technical standards that ensure and enhance interoperable communications.

S. Subrecipient shall establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. Subrecipient shall comply with all Federal and State conflict of interest laws and regulations.

T. Subrecipient shall comply with California Vehicle Code sections 23123 and 23123.5, and the provisions set forth in the Use of Cellular Device While Driving is Prohibited section of the CalOES Assurances.

U. Subrecipient must ensure that any project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.

V. Subrecipient shall comply with the provisions set forth in the following sections of the DHS Standard Conditions and the CalOES Assurances; (1) Energy Policy and Conservation Act, (2) Hotel and Motel Fire Safety Act of 1990, (3) Terrorist Financing E.O. 13224, (4) USA Patriot Act of 2001, (5) Fly America Act of 1974, 586
11 and (6) Whistleblower Protections and Whistleblower Protection Act.

W. Subrecipient acknowledges and shall comply with the following Special Conditions and Corrective Actions applicable to this Subaward:

1. Subaward funding is subject to restricted drawdown for the duration of the Term;

2. Subrecipient shall submit sufficient documentation to support expenditures prior to reimbursement or advance of funds. Documentation must include invoices, timesheets, evidence supporting overtime and backfill costs, cancelled checks or other proof of payment, and copies of related contracts (See §2.2.E).

CalOES may request additional procurement material. CalOES will not issue reimbursement or advance payment until the documentation is reviewed and the payment is determined to be adequately supported;

3. Failure to comply with these conditions may result in disallowed costs or additional restrictions on current and future subaward funding, pursuant to 2 CFR §200.205 and §200.338.
§2.4 Uniform Requirements for Federal Awards
Subrecipient acknowledges that this Subaward is a "Federal award" as such term is defined in 2 CFR §200.1 and that Subrecipient's use of this Subaward is subject to the uniform administrative requirements, cost principles, and audit requirements for Federal awards which are codified in 2 CFR Part 200 (the "Uniform Requirements").

Subrecipient agrees that it is considered a "non- Federal entity" and a "subrecipient" as such terms are defined in 2 CFR §§200.69and 200.93, respectively. Thus, Subrecipient hereby agrees to comply with, and be subject to, all provisions, regulations and requirements applicable to a "subrecipient" and a "non-Federal entity" as set forth in the Uniform Requirements. Further, Subrecipient agrees that the City and CalOES are each a "pass-through entity" as such term is defined in 2 CFR §200.1 and that each of them shall have the rights and remedies of a "pass-through entity" inrelation to this Subaward and Subrecipient as set forth in the Uniform Requirements.

Without limitation, some of these Uniform Requirements are set forth below in this Section 2.4.

A. Subrecipient shall disclose to the City any potential conflict of interest in connection to this Subaward and its use in accordance with 2 CFR §200.112.

B. Subrecipient shall comply with the mandatory disclosure requirements for violations of Federal criminal law involving fraud, bribery, or gratuity as set forth in 2 CFR §200.113.
587
12 C. Subrecipient acknowledges that the City may impose additional specific conditions to this Subaward in accordance with 2 CFR §200.207, and Subrecipient shall comply with such conditions, including, but not limited to, the sampling of procurements and equipment to ensure grant compliance during the City's bi-annual monitoring. Subrecipient shall also submit any annual certifications and representations deemed required by the City in accordance with 2 CFR §200.208.

D. Financial Management and Internal Controls
Subrecipient shall comply with the requirements for a non-Federal entity regarding financial management and the establishment of a financial management system, all as more fully set forth in 2 CFR §200.302. Further, Subrecipient shall comply with the requirements set forth in 2 CFR §200.303, which relate to certain obligations required of Subrecipient to maintain internal controls over the use of this Subaward.

Subrecipient shall complete and submit a Grants Management Assessment Form to the City (Exhibit D) to inform the City of potential risks of noncompliance with respect to the terms and conditions of this Subaward.

E. In the event this Subaward requires cost sharing or matching of funds from Subrecipient, Subrecipient shall comply with the cost sharing and matching requirements set forth in 2 CFR §200.306.

F. Subrecipient shall comply with the requirements relating to program income as more fully set forth in 2 CFR §200.307.

G. Property Standards
When property (real, tangible or intangible) is, in whole or in part, improved, developed, purchased or otherwise acquired with Subawardfunds, Subrecipient shall comply with the regulations set forth in 2 CFR §200.310 through 200.316 ("Property Regulations"). These Property Regulations include, without limitation, provisions related to the following:

1. Requirements for insurance coverage for real property and equipment.

2. Requirements for title, use, disposition and transfer of title of "real property" (as defined in 2 CFR §200.1).

3. Regulations involving Federally owned and exempt property.

4. Requirements for title, use, management (including recordkeeping, inventory, control systems and maintenance procedures), and disposition of "equipment" (as defined in 2 CFR §200.1).

5. Requirements for title, use and disposition of "supplies" (as defined in 2 CFR §200.1).
588
13 6. Requirements for title, rights, use and disposition of "intangible property" (as defined in 2 CFR §200.1). Such requirements include, without limitation:
a. A reservation of rights by the Federal awarding agency to a royaltyfree, non-exclusive and irrevocable right to use certain copyrighted work or work subject to copyright;
b. The rights of the Federal government to data produced under the Subaward;
c. The applicability of the Freedom of Information Act to certain research data produced or acquired under the Subaward; and d. Subrecipient's compliance with applicable regulations governing patents and inventions, including government wide regulations codified at 37 CFR Part 401. Subrecipient agrees that it shall hold in trust all real property, equipment and intangible property acquired, developed or improved with Subaward funds in accordance with the provisions set forth in 2 CFR §200.316.

H. Procurement and Contracting Regulations
When procuring and/or contracting for property and/or services that are to be paid or reimbursed by any amount of Subaward funds, Subrecipient shall comply with all regulations applying to "non-Federal entities" as set forth in 2 CFR §200.318 through 200.326 (the "Procurement Regulations"). These Procurement Regulations include, without limitation, provisions requiring the following:

1. Documentation and use of procurement procedures in compliance with Procurement Regulations.

2. Contracting oversight and maintenance of written standards of conduct covering conflicts of interest.

3. Compliance with federal standards regarding procurement and award of contracts, competition, and procurement methods.

4. Affirmative steps required to encourage contracting with small and minority businesses, women's business enterprises, and labor surplus area firms.

5. Compliance with Section 6002 of the Solid Waste Disposal Act in the procurement of recovered materials.

6. Requirement to perform a cost or price analysis in connection with procurements.

7. Bonding requirements.

8. Requirement to make procurement documentation available for review by the City, CalOES and the Federal awarding agency.

In addition, Subrecipient must include in all of its contracts paid or reimbursed 589
14 in whole or in part with Subaward funds the provisions set forth in Appendix II to 2 CFR Part 200 (Contract Provisions for non- Federal Entity Contracts under Federal Awards) as required by 2 CFR §200.326.

I. Financial and Performance Monitoring and Reporting
Subrecipient shall comply with the monitoring requirements for a non- Federal entity as set forth in 2 CFR §200.328, which requires the Subrecipient to oversee and monitor activities supported by the Grant to assure compliance with applicable Federal requirements and performance expectations.

Further, Subrecipient shall comply with the financial and performance reporting requirements for a non-Federal entity as set forth in 2 CFR §200.327 to 200.329 and any other reporting requirements that may be promulgated by the Federal awarding agency, CalOES or the City in accordance with such regulations. Such reporting requirements include the provision of any information required for the assessment or evaluation of any activities funded by the Subaward and the reporting of information related to real property in which the Federal government retains an interest.

Subrecipient acknowledges that the City, as a "pass-through entity," may make various findings, determinations, evaluations and reports regarding Subrecipient and its use of Subaward funds, as set forth in 2 CFR §200.330 to 200.332. In accordance with such regulations, Subrecipient shall comply with, and timely grant to the City and its auditors, any monitoring requests, requests for on-site access to facilities, equipment and personnel, and requests for any other information as may be authorized under such regulations. Subrecipient shall also timely grant to the City and its auditors’ access to Subrecipient's records and financial statements as required under 2 CFR §200.331(a)(5). In addition, Subrecipient shall comply with any conditions that may be placed upon Subrecipient as part of the City's risk evaluation of Subrecipient under 2 CFR §200.331(b).

J. Record Retention and Access
Subrecipient shall comply with all records retention, maintenance, storage, transmission, and collection requirements applicable to a non-Federal entity as set forth in 2 CFR §200.333 to 200.335.

In accordance with the provisions set forth in 2 CFR §200.336, Subrecipient hereby grants the Federal awarding agency, the Inspectors General, the Comptroller General of the United States, CalOES, and the City, or any of their authorized representatives, the right of access to any documents, papers, or other records of Subrecipient which are pertinent to the Subaward, in order to make audits, examinations, excerpts, and transcripts. This right also includes timely and reasonable access to Subrecipient's personnel for the purpose of interview and discussion related to such documents. These access rights shall not be 590
15 limited to any required record retention period, but last as long as the records are retained, and access shall not otherwise be limited unless as specifically permitted under 2 CFR §200.336 to 200.337.

Subrecipient shall require any of its subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with the provisions of this Section.

K. Cost Principles
Subrecipient shall comply with the cost principles for federal awards as set forth in 2 CFR Part 200 Subpart E ("Cost Principles"). Subrecipient acknowledges and agrees that any costs incurred by Subrecipient may only be charged to or reimbursed by Subaward funds if it is incurred in compliance with all Requirements for the Subaward and is also deemed allowable and allocable under the Subaward in accordance with the provisions set forth in the Cost Principles.

L. Audit Requirements
By virtue of using Subaward funds, Subrecipient acknowledges and agrees that it is subject to the provisions set forth in 2 CFR Part 200 Subpart F ("Audit Requirements"). Subrecipient shall comply with all provisions applicable to a non-Federal entity and an "auditee" (as defined in 2 CFR §200.1) as set forth in such Audit Requirements, including the requirement to conduct a single audit if applicable.

M. Closeout and Post Closeout
Subrecipient shall comply with the obligations applicable to a non-Federal entity as it pertains to the closeout of this Subaward as set forth in 2 CFR§200.343.

Subrecipient acknowledges and agrees that it shall continue to comply with the post closeout obligations set forth in 2 CFR §200.344 after closeout of the Subaward and expiration of the Term of this Agreement.
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16 Ill. STANDARD PROVISIONS
§3.1 Independent Party
Subrecipient is acting hereunder as an independent party, and not as an agent or employee of the City. No employee of Subrecipient is, or shall be, an employee of the City by virtue of this Agreement, and Subrecipient shall so inform each employee organization and each employee who is hired or retained under this Agreement.

Subrecipient shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the City by virtue of this Agreement.
§3.2 Construction of Provisions and Titles Herein
All titles, subtitles, or headings in this Agreement have been inserted for convenience and shall not be deemed to affect the meaning or construction of any of the terms or provisions hereof. The language of this Agreement shall be construed according to its fair meaning and not strictly for or against either party. The word "Subrecipient" herein and in any amendments hereto includes the party or parties identified in this Agreement. The singular shall include the plural. If there is more than one Subrecipient as identified herein, unless expressly stated otherwise, their obligations and liabilities hereunder shall be joint and several. Use of the feminine, masculine, or neuter genders shall be deemed to include the genders not used.
§3.3 Applicable Law, Interpretation and Enforcement
Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California, the County of Sacramento and the City of Sacramento, including but not limited to, laws regarding health and safety, labor and employment, wage and hours and licensing laws which affect employees. This Agreement shall be enforced and interpreted under the laws of the State of California without regard to conflict of law principles. Subrecipient shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement.

In any action arising out of this Agreement, Subrecipient consents to personal jurisdiction, and agrees to bring all such actions, exclusively in state and federal courts located in Sacramento County, California.

If any part, term or provision of this Agreement shall be held void, illegal, unenforceable, or in conflict with any law of a federal, state or local government having jurisdiction over this Agreement, the validity of the remaining parts, terms or provisions of this Agreement shall not be affected thereby. §3.4 Integrated Agreement
This Agreement sets forth all of the rights and duties of the parties with respect to the 592
17 subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only as provided for herein.
§3.5 Excusable Delays
In the event that performance on the part of any party hereto shall be delayed or suspended as a result of circumstances beyond the reasonable control and without the fault and negligence of said party, none of the parties shall incur any liability to the other parties as a result of such delay or suspension.

Circumstances deemed to be beyond the control of the parties hereunder shall include, but not be limited to, acts of God or of the public enemy; insurrection; acts of the Federal Government or any unit of State or Local Government in either sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes, freight embargoes or delays in transportation; to the extent that they are not caused by the party's willful or negligent acts or omissions and to the extent that they are beyond the party's reasonable control.
§3.6 Breach
Except for excusable delays as described in §3.5 herein, if any party fails to perform, in whole or in part, any promise, covenant, or agreement set forth herein, or should any representation made by it be untrue, any aggrieved party may avail itself of all rights and remedies, at law or equity, in the courts of law. Said rights and remedies are cumulative of those provided for herein except that in no event shall any party recover more than once, suffer a penalty or forfeiture, or be unjustly compensated. §3.7 Prohibition Against Assignment or Delegation
Subrecipient may not, unless it has first obtained the written permission of the City:

A. Assign or otherwise alienate any of its rights hereunder, including the right to payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties hereunder. §3.8 Indemnification
Each of the parties to this Agreement is a public entity. In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities, solely by reason of such entities being parties to an Agreement as defined by Section 895 of said Code, the parties hereto, as between themselves, pursuant to the authorization contained in Sections 895.4 and 895.6 of said Code, will each assume the full liability imposed upon it or upon any of its officers, agents, or employees by law, for injury caused by 593
18 a negligent or wrongful act or omission occurring in the performance of this Agreement, to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above- stated purpose, each party indemnifies and holds harmless the other party solely by virtue of said Section 895.2.

The provision of Section 2778 of the California Civil Code is made a part hereto as if fully set forth herein. Subrecipient certifies that it has adequate self-insured retention of funds to meet any obligation arising from this Agreement.

A. Notwithstanding the provisions of §1.4(A) above, pursuant to Government Code Sections 895.4 and 895.6, the Parties shall each assume the full liability imposed upon it, or any of its officers, agents or employees, by law for injury caused by any negligent or wrongful act or omission occurring in the performance of this Agreement.

B. Each party indemnifies and holds harmless the other party for any loss, costs, or expenses that may be imposed upon such other party by virtue of Government Code section 895.2, which imposes joint civil liability upon public entities solely by reason of such entities being parties to an agreement, as defined by Government Code section 895.

C. In the event of third-party loss caused by negligence, wrongful act or omission by both Parties, each party shall bear financial responsibility in proportion to its percentage of fault as may be mutually agreed or judicially determined. The provisions of Civil Code Section 2778 regarding interpretation of indemnity agreements are hereby incorporated. §3.9 Subcontractor Assurances
Subrecipient shall contractually obligate all its contractors, subcontractors and vendors funded by Subaward funds as may be required to ensure that Subrecipient can comply with all the Requirements and other provisions of this Agreement. §3.10 Remedies for Noncompliance
Subrecipient acknowledges and agrees that, in the event Subrecipient fails to comply with the terms and conditions of this Agreement or with any Requirements referenced in Section 2.1 above, the Federal awarding agency, CalOES or the City shall have the right to take one or more of the actions set forth in 2 CFR §200.338.

Such actions may include, without limitation, the withholding of cash payments, suspension and/or termination of the Subaward, and the disallowing of certain costs incurred under the Subaward.

Any costs incurred by Subrecipient during a suspension or after termination of the Subaward shall not be considered allowable under the Subaward unless allowed 594
19 under 2 CFR §200.342.

Subrecipient shall be liable to the Federal awarding agency, CalOES and the City for any Subaward funds the Federal awarding agency or CalOES determines that Subrecipient used in violation of any Requirements reference in Section 2.1 above, and Subrecipient shall indemnify and hold harmless the City for any sums the Federal awarding agency or CalOES determines Subrecipient used in violation of such Requirements.

Subrecipient shall be granted the opportunity to object to and challenge the taking of any remedial action by the Federal awarding agency, CalOES or the City in accordance with the provisions set forth in 2 CFR §200.341. §3.11 Termination
Subrecipient acknowledges and agrees that the Subaward, and any obligation to disburse to or reimburse Subrecipient in connection thereto, may be terminated in whole or in part by the Federal awarding agency, CalOES or the City as set forth in 2 CFR §200.339. Subrecipient shall have the right to terminate the Subaward only as set forth in 2 CFR §200.339.

In the event the Subaward is terminated, all obligations and requirements of this Agreement and the Grant shall survive and continue in full force and effect in connection with any portion of the Subaward remaining prior to such termination, including, without limitation, the closeout and post closeout requirements set forth in this Agreement. §3.12 Amendments
Any change in the terms of this Agreement, including the performance period of the Subaward and any increase or decrease in the amount of the Subaward, which are agreed to by the City and Subrecipient shall be incorporated into this Agreement by a written amendment properly executed and signed by the person authorized to bind the Parties thereto.
§3.13 Complete Agreement
This Agreement sets forth all the rights and duties of the Parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only as provided for herein and neither verbal agreement nor conversation with any officer or employee of either party shall affect or modify any of the terms and conditions of this Agreement.
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20 IN WITNESS WHEREOF, the City and Subrecipient have caused this Subaward Agreement to be executed by their duly authorized representatives.

CITY OF SACRAMENTO
A Municipal Corporation
By: _____
Print name:

Title:

For: City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:
______
City Attorney
Attachments
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
DHS Standard Terms and Conditions
CalOES Standard Assurances
Subrecipient Workbook
Grants Management Assessment Questionnaire
Additional Federal Terms
Exhibit F Grantee Noncompliance Procedures
Exhibit G Equipment Management and Disposition Requirements 596
21 SUBRECIPIENT:

Subrecipient Name
SAM Unique Entity Identification Number
Signature of Authorized Person
Print Name and Title
Additional Signature (if required)
Print Name and Title
597
DHS Standard Terms & Conditions: FY 2024 Version 3 April 4, 2024 FY 2024 DHS STANDARD TERMS AND CONDITIONS
The Fiscal Year (FY) 2024 Department of Homeland Security (DHS) Standard Terms and Conditions apply to all new federal awards of federal financial assistance (federal awards) for which the federal award date occurs in FY 2024 and flow down to subrecipients unless a term or condition specifically indicates otherwise. For federal awards that may involve continuation awards made in subsequent FYs, these FY 2024 DHS Standard Terms and Conditions will apply to the continuation award unless otherwise specified in the terms and conditions of the continuation award. The United States has the right to seek judicial enforcement of these terms and conditions.

All legislation and digital resources are referenced with no digital links. These FY 2024 DHS Standard Terms and Conditions are maintained on the DHS website at https://www.dhs.gov/publication/fy15-dhs- standard-terms-and-conditions.

A. Assurances, Administrative Requirements, Cost Principles, Representations, and Certifications
I. Recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances – Non- Construction Programs, or OMB Standard Form 424D Assurances – Construction Programs, as applicable.

Certain assurances in these documents may not be applicable to your program and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as instructed by the federal awarding agency.

B. General Acknowledgements and Assurances Recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in effect as of the federal award date and located at 2 C.F.R. Part 200 and adopted by DHS at 2 C.F.R. § 3002.10.

All recipients and subrecipients must acknowledge and agree to provide DHS access to records, accounts, documents, information, facilities, and staff pursuant to 2 C.F.R. § 200.337.

I. Recipients must cooperate with any DHS compliance reviews or compliance investigations.

II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities and personnel.

III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports.

IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements required by law, federal regulation, Notice of Funding Opportunity, federal award specific terms and conditions, and/or federal awarding agency program guidance.

V. Recipients must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receiving the Notice of Award for the first award under which this term applies. Recipients of multiple federal awards from DHS should only submit one completed tool for their organization, not per federal award. After the initial submission, recipients are required to complete the tool once every two (2) years if they have an active federal award, not every time a federal award is made.

Recipients must submit the completed tool, including supporting materials, to [email protected]. This tool clarifies the civil rights obligations and related reporting requirements contained in these DHS Standard Terms and Exhibit A
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DHS Standard Terms & Conditions: FY 2024 Version 3 April 4, 2024 FY 2024 DHS STANDARD TERMS AND CONDITIONS
Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhscivil-rights-evaluation-tool. DHS Civil Rights Evaluation Tool | Homeland Security
The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension to the 30-day deadline if the recipient identifies steps and a timeline for completing the tool. Recipients must request extensions by emailing the request to [email protected] prior to expiration of the 30-day deadline.

C. Standard Terms & Conditions
I. Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal award funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal award funds.

II. Activities Conducted Abroad
Recipients must coordinate with appropriate government authorities when performing project activities outside the United States obtain all appropriate licenses, permits, or approvals.

III. Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94-135 (codified as amended at 42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance.

IV. Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101– 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities.

V. Best Practices for Collection and Use of Personally Identifiable Information Recipients who collect personally identifiable information (PII) as part of carrying out the scope of work under a federal award are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments:

Privacy Guidance and Privacy Template as useful resources respectively.

VI. Civil Rights Act of 1964 – Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964, Pub. L. No. 88-352 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21. Recipients of an award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA’s implementing regulations at 44 C.F.R. Part 7.
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DHS Standard Terms & Conditions: FY 2024 Version 3 April 4, 2024 FY 2024 DHS STANDARD TERMS AND CONDITIONS
VII. Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No. 90-284 (codified as amended at 42 U.S.C. § 3601 et seq.) which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection. therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex, as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units— i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) VIII. Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any work first produced under federal awards and also include an acknowledgement that the work was produced under a federal award (including the federal award number and federal awarding agency). As detailed in 2 C.F.R. § 200.315, a federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes and to authorize others to do so.

IX. Debarment and Suspension
Recipients must comply with the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689 set forth at 2 C.F.R.

Part 180 as implemented by DHS at 2 C.F.R. Part 3000. These regulations prohibit recipients from entering into covered transactions (such as subawards and contracts) with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities.

X. Drug-Free Workplace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Governmentwide implementation (2 C.F.R. Part 182) of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106).

XI. Duplicative Costs
Recipients are prohibited from charging any cost to this federal award that will be included as a cost or used to meet cost sharing or matching requirements of any other federal award in either the current or a prior budget period. (See 2 C.F.R. § 200.403(f)). However, recipients may shift costs that are allowable under two or more federal awards where otherwise permitted by federal statutes, regulations, or the federal financial assistance award terms and conditions.

XII. Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. No. 92-318 (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17. Recipients of an award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA’s implementing regulations at 44 C.F.R. Part 19.
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XIII. E.O. 14074 – Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety
Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local, or territorial law enforcement agencies are also encouraged to adopt and enforce policies consistent with E.O. 14074 to support safe and effective policing.

XIV. Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. No. 94-163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

XV. False Claims Act and Program Fraud Civil Remedies
Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§ 3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.)
XVI. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt.

Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.)
XVII. Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving recipient-owned, recipient-rented, or privately owned vehicles when on official government business or when performing any work for or on behalf of the Federal Government. Recipients are also encouraged to conduct the initiatives of the type described in Section 3(a) of E.O. 13513.

XVIII. Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (a list of certified air carriers can be found at: Certificated Air Carriers List | US Department of Transportation, https://www.transportation.gov/policy/aviation-policy/certificated-air-carriers-list)for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.

XIX. Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space funded entirely or in part by federal award funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a.

XX. John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. The statute – as it applies to DHS recipients, subrecipients, and their contractors and subcontractors – prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons. 601
DHS Standard Terms & Conditions: FY 2024 Version 3 April 4, 2024 FY 2024 DHS STANDARD TERMS AND CONDITIONS
XXI. Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services.

For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance-published-helpdepartment-supported-organizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov.

XXII. Lobbying Prohibitions
Recipients must comply with 31 U.S.C. § 1352 and 6 C.F.R. Part 9, which provide that none of the funds provided under a federal award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Per 6 C.F.R.

Part 9, recipients must file a lobbying certification form as described in Appendix A to 6 C.F.R. Part 9 or available on Grants.gov as the Grants.gov Lobbying Form and file a lobbying disclosure form as described in Appendix B to 6 C.F.R. Part 9 or available on Grants.gov as the Disclosure of Lobbying Activities (SF-LLL).

XXIII. National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of 1969, Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq.) (NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans.

XXIV. Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries.

Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith- based organizations in individual DHS programs.

XXV. Non-Supplanting Requirement
Recipients of federal awards under programs that prohibit supplanting by law must ensure that federal funds supplement but do not supplant non-federal funds that, in the absence of such federal funds, would otherwise have been made available for the same purpose.

XXVI. Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, scope of work, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this federal award are incorporated by reference. All recipients must comply with any such requirements set forth in the NOFO. If a condition of the NOFO is inconsistent with these terms and conditions and any such terms of the Award, the condition in the NOFO shall be invalid to the extent of the inconsistency. The remainder of that condition and all other conditions set forth in the NOFO shall remain in effect.
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XXVII. Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable regulations governing inventions and patents, including the regulations issued by the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Awards, Contracts, and Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. § 401.14.

XXVIII.Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962) and 2 C.F.R. § 200.323. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition.

XXIX. Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112 (codified as amended at 29 U.S.C. § 794), which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

XXX. Reporting of Matters Related to Recipient Integrity and Performance If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of the federal award, then the recipient must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated by reference.

XXXI. Reporting Subawards and Executive Compensation
For federal awards that equal or exceed $30,000, recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation set forth at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated by reference.

XXXII. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless:
(1) all iron and steel used in the project are produced in the United States—this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;
(2) all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and
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(3) all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States.

The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

Waivers
When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. The agency should notify the recipient for information on the process for requesting a waiver from these requirements.
(a) When the Federal agency has determined that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that:
(1) applying the domestic content procurement preference would be inconsistent with the public interest;
(2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or
(3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent.

A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office.

There may be instances where an award qualifies, in whole or in part, for an existing waiver described at "Buy America" Preference in FEMA Financial Assistance Programs for Infrastructure | FEMA.gov.

Definitions
The definitions applicable to this term are set forth at 2 C.F.R. § 184.3, the full text of which is incorporated by reference.

XXXIII.SAFECOM
Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. The SAFECOM Guidance is updated annually and can be found at Funding and Sustainment | CISA.
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XXXIV.Terrorist Financing
Recipients must comply with E.O. 13224 and applicable statutory prohibitions on transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible for ensuring compliance with the E.O. and laws.

XXXV. Trafficking Victims Protection Act of 2000 (TVPA) Recipients must comply with the requirements of the government-wide financial assistance award term which implements Trafficking Victims Protection Act of 2000, Pub. L. No. 106- 386, § 106 (codified as amended at 22 U.S.C. § 7104). The award term is located at 2 C.F.R. § 175.15, the full text of which is incorporated by reference.

XXXVI. Universal Identifier and System of Award Management Recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated reference.

XXXVII. USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.

XXXVIII. Use of DHS Seal, Logo and Flags
Recipients must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials.

XXXIX. Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections at 10 U.S.C § 470141 U.S.C. § 4712.
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As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.

The requirements outlined in these assurances apply to Applicant and any of its subrecipients.

I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.

Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.) and adopted by the Department of Homeland Security (DHS) at 2 C.F.R. Part 3002.10. Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.

In the event Cal OES determines that changes are necessary to the subaward after a subaward has been made, including changes to period of performance or terms and conditions, Applicants will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Applicant acceptance of the changes to the subaward.

State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:

1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:

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(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
(d) The Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) The official executing this agreement is authorized by the Applicant.

This Proof of Authority must be maintained on file and readily available upon request.

2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.

3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

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(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
(c) The Applicant shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.

Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency.

4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

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(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (4)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.

Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to nondiscrimination, including:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. § 12101et seq.), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), whichprohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units — i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators) — be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201);

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(h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; (k) DHS policy to ensure the equal treatment of faith-based organizations, under which the Applicant must comply with equal treatment policies and requirements contained in
6 C.F.R. Part 19;
(l) The California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940-12957), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions;
(m)Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.

Civil Rights Policies for Program Beneficiaries and Subrecipients of DHS funding, pertaining to the following are available on the Cal OES website:
• Non-discrimination in Programs & Services
• Reasonable Accommodation for Program Beneficiaries
• Language Access Policy

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6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.),the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.

7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) The California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000-21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387);
(c) The Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) The Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmentaland human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);

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(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); and
(m)The Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease-anddesist order pursuant to section 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.

8. Audits
For subrecipients expending $1,000,000 or more in federal grant funds annually, the Applicant will perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and C.F.R., Part 200, Subpart F Audit Requirements.

9. Cooperation and Access to Records
The Applicant must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.

10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant’s employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which provides that Applicant shall not submit a false claim for payment, reimbursement, or advance.

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12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds, and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R. Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R.

Part 25, Appendix A.

13. Whistleblower Protections
The Applicant must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.

14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the Applicant or its subrecipients from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.

15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et seq.) as they apply to employees of institutes of higher learning (IHE), hospitals and other nonprofit organizations.

16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.

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17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires federal award subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.); and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.

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19. Use of Cellular Device While Driving is Prohibited
The Applicant is required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.

20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code §7920.000 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.

21. Acknowledgment of Federal Funding from DHS
The Applicant must acknowledge its use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

22. Activities Conducted Abroad
The Applicant must coordinate with appropriate government authorities when performing project activities outside the United States and obtain all appropriate licenses, permits, or approvals.

23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. If the Applicant collects PII, the Applicant is required to have a publicly-available privacy policy that describes standards on the usage and maintenance of the PII they collect. The Applicant may refer to the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as a useful resource.

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24. Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any work first produced under federal awards and also include an acknowledgement that the work was produced under a federal award (including the federal award number and federal awarding agency). As detailed in 2 C.F.R. § 200.315, a federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes and to authorize others to do so.

25. Duplicative Costs
Applicants are prohibited from charging any cost to this federal award that will be included as a cost or used to meet cost sharing or matching requirements of any other federal award in either the current or a prior budget period. (See 2 C.F.R. § 200.403(f)).

However, recipients may shift costs that are allowable under two or more federal awards where otherwise permitted by federal statutes, regulations, or the federal financial assistance award terms and conditions.

26. Energy Policy and Conservation Act
The Applicant must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

27. Federal Debt Status
The Applicant is required to be non-delinquent in its repayment of any federal debt.

Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.

28. Fly America Act of 1974
The Applicant must comply with Preference for United States Flag Air Carriers:
(a list of certified air carriers can be found at: Certificated Air Carriers List | US Department of Transportation, https://www.transportation.gov/policy/aviationpolicy/certificated-air-carriers-list) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.

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29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the Applicant must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.

30. Non-supplanting Requirement
If the Applicant receives federal financial assistance awards made under programs that prohibit supplanting by law, the Applicant must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.

31. Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable regulations governing inventions and patents, including the regulations issued by the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Awards, Contracts, and Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. § 401.14.

32. SAFECOM
If the Applicant receives federal financial assistance awards made under programs that provide emergency communication equipment and its related activities, the Applicant must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

33. Terrorist Financing
The Applicant must comply with Executive Order 13224 and United States law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. The Applicant is legally responsible for ensuring compliance with the Order and laws.

34. Reporting of Matters Related to Recipient Integrity andPerformance If the total value of the Applicant’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, the Applicant must comply with the requirements set forth in the

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government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.

35. USA Patriot Act of 2001
The Applicant must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.

36. Use of DHS Seal, Logo, and Flags
The Applicant must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials.

37. Performance Goals (HSGP and NSGP)
In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, the Applicant must demonstrate how the grant-funded project addresses the core capability gap associated with each project. The capability gap reduction must be addressed in the Project Description of the BSIR for each project.

38. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon the Applicant and flow down to any of its subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.

39. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
The Applicant must comply with the “Build America, Buy America” Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order 14005. Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:

Page 13 of 15 ends

FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
(a) All iron and steel used in the project are produced in the United States – this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (b) All manufactured products used in the project are produced in the United States – this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (c) All construction materials are manufactured in the United States – this means that all manufacturing processes for the construction material occurred in the United States.

The “Buy America” preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

Per section 70914(c) of BABAA, FEMA may waive the application of a Buy America preference under an infrastructure program in certain cases.

40. E.O. 14074 – Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety
Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local, or territorial law enforcement agencies are also encouraged to adopt and enforce policies consistent with E.O. 14074 to support safe and effective policing.

Page 14 of 15 ends

FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs

IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc.

Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in these assurances. These assurances are binding on Applicant, its successors, transferees, assignees, etc. as well as any of its subrecipients.

Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.

All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Applicant may be ineligible for award of any future grants if Cal OES determines that the Applicant: (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

All of the language contained within this document must be included in the award documents for all subawards at all tiers. Applicants are bound by the DHS Standard Terms and Conditions 2024, Version 2, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fy15-dhs- standard-terms-and-conditions.

The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.

Applicant:

Signature of Authorized Agent:

Printed Name of Authorized Agent:

Title: Date:

Page 15 of 15 ends

Program Standard Assurances Addendum

Page 1 of 1 ends

As the duly authorized representative of the Applicant/Subrecipient, I hereby certify that the Applicant/Subrecipient, and any of its second-tier subrecipients or representatives, will comply with all applicable local, state, and federal statutes, including but not limited to the following state and federal statutes prohibiting hate-based conduct:
(a) California Penal Code section 422.6(a);
(b) California Penal Code section 404.6;
(c) California Penal Code section 422(a);
(d) California Civil Code section 52.1;
(e) 18 U.S.C. § 249;
(f) 42 U.S.C. § 3631;
(g) 18 U.S.C. § 247; and
(h) 18 U.S.C. § 241, 245.

Additionally, Applicant/Subrecipient will not engage, and certifies that it will take steps to ensure that its second-tier subrecipients and representatives do not engage, in conduct contrary to the purposes of the grant program and/or that threatens the safety and security of Californians, including, but not limited to, acts of violence or unlawful intimidation on the basis of race, gender, religion, national origin, sexual orientation, or other protected classifications. Prohibited conduct includes, but is not limited to, violation of the federal and state laws identified herein.

The undersigned represents that he/she is authorized to enter into this Addendum for and on behalf of the Applicant/Subrecipient. Applicant/Subrecipient understands that failure to comply with this Addendum or any of the assurances may result in suspension, termination, reduction, or de-obligation of funding. Applicant/Subrecipient agrees to repay funds in the event there is a violation of grant assurances.

Applicant/Subrecipient:

Signature of Authorized Agent:

Printed Name of Authorized Agent:

Title: Date:
621
Ledger Type
Date
Request #
Project
No.

Equipment Description
(include Quantity) AEL# AELTitle
Funding
Source Discipline Solution AreaSub-Category
Deployable/
Shareable
Invoice
Number Vendor ID TagNumber
Condition &
Disposition
Deployed
Location
Acquisition
Date
Noncompetitive
Procurement
over $250k
Hold
Trigger
Approval
Date
Budgeted
Cost
Previously
Approved
Amount
Amount
This Request
Reimbursement
Request #
Total
Approved
Remaining
Balance
$21,241 $0 $0 $21,241
8 EOD Equipment: FalCom
Headset OTE2000 with PPT
MFC1000 (7), Mithix Pro AF Hal
Kit Tactical Electronics (1),
Blasting Cap Protector (5207)
Ideal Blasting (2)
06CP-03-PRAC,
02EX-02-TLRO,
02EX-02-TLEX
Tools: Remote
Opening,
Examination,
Handling, Explosive
Mitigation,
Suppression,
Deflection,
Examination,
Handling.

Accessories,
Portable Radio.

UASI LE
02 - Explosive
Device Mitigation
and Remediation
Equipment
Shareable TBD TBD TBD NEW - in use TBD TBD No No Hold
Indicated TBD $21,241 $0 $0 $0 $21,241
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0

EQUIPMENT
NOTE: Unauthorized alterations will delay the approval of this request.

Exhibit C City of Sacramento Initial Application
Homeland Security Grant Program - Urban Area Security Initiative 3/15/2026 FY 2024 Subrecipient Workbook
for
City of West Sacramento
1 622
ALN:
through
(Beginning Performance Period Date) (Ending Performance Period Date)

AUTHORIZED AGENT
NOTE: Unauthorized alterations will delay the approval of this request.

HSGP 97.067
City of West Sacramento
Supporting Information for Application, Modification, or Request for Federal Funds This request is for a/an: Initial Application March 15, 2026 March 15, 2027 N/A $21,241
(Request #) (Amount This Request)
Under Penalty of Perjury, I certify that:

I am the duly authorized officer of the claimant herein. This claim is true, correct, and all expenditures were made in accordance with applicable laws, rules, regulations, and grant conditions and assurances.

Statement of Certification - Authorized Agent
By signing this report, I certify, to the best of my knowledge and belief, that the report is true, complete, and accurate, and that the expenditures, disbursements, and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729–3730 and 3801–3812).

Signature of Authorized Agent Date
Printed Name of Authorized Agent Title of Authorized Agent 623
Docusign Envelope ID: A07F48DC-BC3A-4B00-A229-930FB63924E7 L.Xhibit D City of Sacramento

GRANT MANAGEMENT ASSESSMENT QUESTIONNAIRE

ENTITY INFORMATION
Entity Name City of West Sacramento \ Sam.gov UEI # \ MLGYAWLU57K3 Entity Type Government Other:

CFDA / FAL # & Title 97.067 FY2024 Homeland Security Grant Program Grant Program Homeland Security Grant Program
City Grant ID# G11016924 \ City Contract# \rso
Project Title / Descr EOD Equipment
Performance Period 3/15/2026 through 03/15/2027
Subaward Total $21,241
As required by 2 CFR §200.331, the City of Sacramento is required to evaluate a subrecipient's risk of non-compliance with federal statutes, regulations, and grant terms and conditions. This assessment is made so that the City can determine and provide an appropriate level of technical assistance, training, and grant monitoring in relation to this subaward.

The following questions are related to the subrecipient's experience with managing federal grant resources. This questionnaire must be completed and returned after execution of the underlying subaward agreement.

SINGLE AUDITS

1. Within the last 5 years, has the entity undergone a Single Audit under 0MB A-133 or Subpart F of 2 CFR 200? Yes

2. Fiscal Year of Most Recent Single Audit Report Fiscal Year Ending: 6/30/2024

3. Name of Audit Agency/Firm

4. What was the auditor's opinion?

5. How many findings were there?

6. What was the total of questioned costs?

OTHER AUDITS

7. Within the last 5 years, has the entity undergone any other types of audits?

8. If "Yes," please select the type of audit:
a. Financial Statement Audit
b. Defense Contract Agency Audit (DCAA)
c. Other: TOA

9. Name of Audit Agency/Firm: Richardson & Company, LLP City of Sacramento I Grant Management Questionnaire (Rev. 4/2022)

LSL, LLP
Unmodified
3 $0
Yes
Yes
No
Yes
624 Page 1 of 3
625
626
Exhibit E -Page 1 of 11

EXHIBIT E

ADDITIONAL FEDERAL TERMS

1. Compliance with Nondiscrimination and Equal Employment Laws. It is the City's policy to comply with state and federal laws and regulations including Title VI of the Civil Rights Act of 1964, Americans with Disabilities Act of 1990 (ADA) and other federal and state anti-discrimination laws and regulations.

A. During the performance of this Contract, Contractor agrees to comply with all Federal nondiscrimination laws and equal opportunity laws and regulations, as may be amended from time to time and not to participate directly or indirectly in the discrimination prohibited by any Federal law or regulation, including but not limited to:
(1) Title VI of the Civil Rights Act of 1964, as amended, (42 U.S.C. §§ 2000d et seq.) Treasury's implementing regulations at 31 C.F.R.Part 22, and any applicable implementing federal directives that may be issued;
(2) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq);
(3) The Older Americans Act, as amended (42 U.S.C. 6101), Section 324 of title 23 U.S.C., prohibiting discrimination based on gender, Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23;
(4) The Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. § 12101, et seq.), as well as all applicable regulations and guidelines issued pursuant to the ADA, including but not limited to those found within the Code of Federal Regulations, title 49, parts 27, 37, and 38; and
(5) Age Discrimination Act of 1975, as amended (42 U.S.C. §6101 et seq.), prohibiting discrimination on the basis of age.
(6) The Rehabilitation Act of 1963, as amended, (29 U.S.C. § 794), that provides that otherwise qualified handicapped individuals shall not be excluded from participation in, denied the benefits of, or be subjected to discrimination under any program or activity receiving federal funds.
627
Exhibit E -Page 2 of 11
(7) In the event Contractor fails to comply with any nondiscrimination provisions, the City and the applicable federal agency will have the right to impose such contract sanctions as they determine are appropriate, including but not limited to withholding payments to Contractor until Contractor complies, and/or cancelling, terminating, or suspending this contract, in whole or in part.
(8) To permit access to its books, records, accounts, other sources of information, and its facilities as required by the City or the applicable federal agency; (9) Contractor shall insert this clause, including paragraphs (a) through (e), in every subcontract and in every solicitation for a subcontract for services to be performed under the City Contract.

2. Clean Air Act. Contractor agrees to comply with all applicable standards, orders or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15).

Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency (FEMA), and the appropriate Environmental Protection Agency Regional Office.

Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA.

3. Federal Water Pollution Control Act. Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq. Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the City, FEMA, and the appropriate Environmental Protection Agency Regional Office.

Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA."

4. Debarment and Suspension (Executive Orders 12549 and 12689). Contractor hereby confirms that it is not listed on the governmentwide exclusions in the System for Award 628
Exhibit E -Page 3 of 11
Management {SAM), in accordance with the 0MB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

5. Byrd Anti-Lobbying Amendment {31 U.S.C. 1352).

A. Contractors who apply or bid for an award of $100,000 or more, and any subcontractors, must provide the certification below. Each tier must certify to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.

Such disclosures must be forwarded from tier to tier up to the City, who in turn will forward the certification(s) to the awarding agency.

B. By signing this Agreement, Contractor certifies, to the best of his or her knowledge or belief, that
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any State or Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 629
Exhibit E -Page 4 of 11
(3) None of the funds paid under this contract will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in
direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. (4) This certification is a material representation of fact upon which reliance was placed when this Agreement was executed. Submission of this certification is a prerequisite for making or entering into this Agreement imposed by Section 1352, Title 31, U.S.

Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
(5) Contractor also agrees by signing this Agreement that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000, and that all such subcontractors shall certify and disclose accordingly. (6) Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

6. Procurement of Recovered Materials.

A. In the performance of this Contract, Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired.

B. Information about this requirement, along with the list of EPA- designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

C. Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act: (1) Competitively within a timeframe providing for compliance with the contract performance schedule; (2) Meeting contract performance requirements; or (3) At a reasonable price.
630
Exhibit E -Page 5 of 11

7. Contract Work Hours and Safety Standards. In the event that Contractor or any subcontractor is contracting for work requiring or involving the employment of laborers or mechanics, the following terms shall apply:

A. Overtime requirements. No contractor or subcontractor shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(l) of 29 C.F.R. § 5.5, Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(l) of 40 U.S.C. section 3702, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages.

C. Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by Contractor or any subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b){2) of 29 C.R.R. § S.S.

D. Subcontracts. The Contractor or any subcontractor shall insert in any subcontracts the clauses set forth in paragraph 28(A) through (C) of this section, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth herein.

8. Prohibition on Contracting for Covered Telecommunications Equipment or Services.

A. Definitions. As used in this clause, the terms backhaul; covered foreign country; covered 631
Exhibit E -Page 6 of 11
telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause.

B. Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to:
(i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
(iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

C. Exceptions.
(1) This clause does not prohibit contractors from providing:
632
Exhibit E -Page 7 of 11
(i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or Contract Provisions Guide 28. (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) By necessary implication and regulation, the prohibitions also do not apply to:
(i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system.
(ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services.

D. Reporting requirement.
(1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.
(2) The Contractor shall report the following information pursuant to paragraph (d)(l) of this clause:
(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity {CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to 633
Exhibit E -Page 8 of 11
prevent future use or submission of covered telecommunications equipment or services.

E. Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments."

9. Domestic Preferences for Procurements. As appropriate, and to the extent consistent with law, the contractor should, to the greatest extend practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in the whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass; including optical fiber; and lumber.

10. Access to Records and Work Sites. The Contractor agrees to provide the City, the State of California, the FEMA Administrator, the Department of Homeland Security, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this Contract for the purposes of making audits, examinations, excerpts, and transcriptions.

The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. The Contractor agrees to provide the above-referenced entities or their authorized representatives access to work sites pertaining to the work being completed under the contract.

11. Records Retention.

A. During the performance of this Contract and for a period of five years after the final payment is made, Contractor shall maintain all records related to this Contract, in accordance with generally accepted accounting practices, including records of Contractor's costs for performance under this Contract and records of Contractor's Reimbursable Expenses.

B. Contractor shall keep and make records available for inspection and audit by representatives of the City upon reasonable written notice.

C. Records to be retained include, but are not limited to:
(1) General ledger and subsidiary ledgers used to account for the receipt of funds from 634
Exhibit E -Page 9 of 11
the City and the disbursements of such funds for eligible expenses related to the provision of Services;
(2) Budget records for 2019 and 2020; payroll, time records, and human resource records to support costs incurred for payroll expenses related to the provision of Services;
(3) Receipts of purchases made relating to the Services; (4) Contracts and subcontracts entered into to provide the Services, and all documents related to such contracts;
(5) All reports, auditors, or other monitoring of subcontractors; (6) All documents supporting the provision of Services; (7) All internal and external communications (including email) related to the services; and
(8) All investigative files and inquiry reports involving the Services.

12. Allowable Costs. Contractor agrees that the "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards" (2 CFR, Part 200), 48 CFR, Part 31, Federal Acquisition Regulations System, and any applicable federal agencies implementation procedures, shall be used to determine the cost allowability of individual items.

Any costs for which payment has been made to Contractor that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 48 CFR, Part 31, Federal Acquisition Regulations System or federal agency procedures implementing 2 CFR, Part 200 are subject to repayment by Contractor to the City. Disallowed costs must be reimbursed to the City within sixty (60) days unless the City approves in writing an alternative repayment plan.

13. OHS Seal, Logo and Flags. Contractor shall not use the U.S. Department of Homeland Security ("DHS") seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific pre-approval from the U.S. Federal Emergency Management Agency ("FEMA").

14. Compliance with Federal Law and Rules. Contractor acknowledges that FEMA financial 635
Exhibit E -Page 10 of 11
assistance may be used to fund all or a portion of the Contract. Contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. Contractor agrees to comply with all applicable instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity, which are incorporated herein by reference.

15. No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the City, Contractor, or any other party pertaining to any matter resulting from the Contract.

16. Program Fraud and False or Fraudulent Statements or Related Acts. Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract.

17. Affirmative Socioeconomic Steps. If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(l)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible.

18. Drug-Free Certification. By signing this Agreement, Contractor hereby certifies under penalty of perjury under the laws of the State of California that Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code§ 8350, et seq.) and will provide a drug-free workplace by taking the following actions:

A. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited, and specifying actions to be taken against employees for violations.

B. Establish a Drug-Free Awareness Program to inform employees about:
(1) The dangers of drug abuse in the workplace;
(2) The person's or the organization's policy of maintaining a drug-free workplace; (3) Any available counseling, rehabilitation, and employee assistance programs; and (4) Penalties that may be imposed upon employees for drug abuse violations.

C. Every employee of Contractor who works under this Agreement shall:
636
Exhibit E -Page 11 of 11
(1) Receive a copy of Contractor's Drug-Free Workplace Policy Statement; and (2) Agree to abide by the terms of Contractor's Statement as a condition of employment on this Agreement.

19. Subcontractor Compliance. Contractor agrees that all subcontracts shall contain the provisions of this Exhibit.

20. Protections for Whistleblowers. Pursuant to 41 U.S.C. § 4712, Contractor may not discharge, demote, or otherwise discriminate against any employee in reprisal for disclosing an information the employee reasonably believes is evidence of gross mismanagement of this contract, a gross waste of federal funds, an abuse of authority related to this contract, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to this contract.

21. Terrorist Financing. Contractor must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.

22. Remedies. Should Contractor violate of any of the terms of this Contract, City may terminate the Contract and pursue all available legal and equitable remedies. 637
1 EXHIBIT F

GRANTEE NONCOMPLIANCE PROCEDURES
This Exhibit F is incorporated into and made part of the Grant Agreement between the CITY and the GRANTEE. The terms and conditions set forth herein establish the standards, procedures, and consequences that govern GRANTEE noncompliance with the Grant Agreement and applicable CITY policies.

1. Purpose. This Exhibit defines the CITY's rights and the GRANTEE’s obligations in the event of noncompliance with the Grant Agreement. The purpose is to ensure accountability, safeguard public funds, and preserve the integrity of CITY-funded programs.

2. Definition of Noncompliance. GRANTEE noncompliance shall include, but is not limited to, the following:

A. Reporting or Documentation Noncompliance: Late or missing reports, poor documentation practices, or minor invoicing errors.

B. Financial Mismanagement: Misuse or abuse of funds, weak internal controls, unauthorized spending, unsupported costs, budget deviations without approval, or bankruptcy.

C. Performance Failures: Failure to meet grant terms, deliverables, timelines, or performance outcomes, failure to address participant eligibility, or program quality issues.

D. Repeated or Unresolved Audit Findings: Pattern of adverse findings, failure to implement corrective actions, or disregard for prior audit or monitoring recommendations.

E. Legal or Regulatory Violations: Violations of grant-related laws or requirements (e.g., OMB Uniform Guidance, civil rights, environmental laws, drug-free workplace rules, etc.).

F. Fraud and Criminal Conduct: Submitting false information, willful misrepresentation, forgery, bribery, falsification of records, procurement fraud, embezzlement, or criminal convictions related to public funds.

G. Ethics Violations or Conflicts of Interest: Kickbacks, having an interest that conflicts with the interests of the City or that may impair the grantee’s ability to perform obligations under the grant agreement, or violations of public trust.

H. Suspension, Debarment, or Bankruptcy: Active debarment/suspension by any government entity, or bankruptcy affecting the ability to perform grant obligations.

3. Classification of Noncompliance Severity. The CITY shall classify noncompliance into four (4) severity levels:

A. Level 1 – Minor: Isolated administrative errors with limited impact, including:
(1) Reporting or Documentation Noncompliance.
638
2 B. Level 2 – Moderate: Repeated issues or risks to performance or compliance, including:
(1) Reporting or Documentation Noncompliance;
(2) Financial Mismanagement;
(3) Performance Failures;
(4) Repeated or Unresolved Audit Findings; or
(5) Legal or Regulatory Violation.

C. Level 3 – Major: Serious misconduct or operational breakdowns, including:
(1) Financial Mismanagement;
(2) Performance Failures;
(3) Repeated or Unresolved Audit Findings;
(4) Legal or Regulatory Violations;
(5) Ethics Violations or Conflicts of Interest; or
(6) Suspension, Debarment, or Bankruptcy.

D. Level 4 – Severe: Fraud, criminal conduct, or violations of public trust, including:
(1) Legal or Regulatory Violations;
(2) Fraud and Criminal Conduct;
(3) Ethics Violations or Conflicts of Interest; or
(4) Suspension, Debarment, or Bankruptcy.

4. Letter of Noncompliance. Upon identifying noncompliance, the CITY may issue a Letter of Noncompliance, which shall include:

A. A description of the violation(s);
B. The specific corrective actions required;
C. A deadline for submission of a written Corrective Action Response Plan (not to exceed thirty (30) calendar days); and,
D. A notice that failure to respond may result in suspension or termination of funding.

For Level 3 and 4 violations, the CITY may, in its sole discretion, initiate immediate suspension without offering an opportunity to cure.

5. Corrective Action Process.

A. Upon receipt of a Letter of Noncompliance, the GRANTEE shall respond in writing with a Corrective Action Response Plan within thirty (30) calendar days that includes:
(1) Specific actions taken or proposed to achieve compliance; (2) A timeline for implementation; and,
(3) A designated point of contact for follow-up.

B. The CITY shall review the GRANTEE’s response within fifteen (15) business days and, in its sole discretion, may:
639
3 (1) Approve the plan;
(2) Request revisions; or
(3) Reject the plan and impose additional sanctions.

C. The CITY shall not disburse any new payments to GRANTEE until it approves the Corrective Action Response Plan.

6. Sanctions and Suspension. If the GRANTEE fails to cure the violation, or if the violation is sufficiently serious, the CITY may impose any of the following sanctions, proportionate to the severity level:

A. Level 1 – Minor: Enhanced oversight or monitoring, CITY-provided technical assistance.

B. Level 2 – Moderate: Enhanced oversight or monitoring, CITY-provided technical assistance and repayment of any grant funds used for unauthorized expenditures.

C. Level 3 – Major: GRANTEE-provided technical assistance, suspension of all active grant agreements with CITY, repayment of any grant funds used for unauthorized expenditures, audit by a third-party at Grantee’s expense, two-year suspension from future CITY grant eligibility.

D. Level 4 – Severe: Immediate termination of grant agreement, repayment of all grant funds disbursed by CITY, audit by a third-party at Grantee’s expense, and five-year suspension from future CITY grant eligibility.

7. Suspension Notice and Consequences.

A. The CITY shall issue a written Suspension Notice to the GRANTEE when, in the City’s sole discretion:
(1) The GRANTEE has failed to respond to a Letter of Noncompliance within the required timeframe;
(2) The GRANTEE has submitted a Corrective Action Response Plan that is determined to be incomplete or insufficient, or Grantee fails to implement a Corrective Action Response Plan in a timely manner;
(3) The GRANTEE has engaged in conduct classified as a Level 3 (Major) or Level 4 (Severe) violation;
(4) The violation cannot be reasonably remedied through corrective action (e.g., repeated or willful misuse of funds, fraudulent reporting, or failure to deliver core services); or
(5) The GRANTEE’s continued participation in City-funded programs would pose a significant risk to public funds or program integrity.

B. The Suspension Notice shall include:
(1) The nature and severity level of the violation.
640
4 (2) The duration of the suspension.
(3) Any conditions required for reinstatement.
(4) The GRANTEE’s right to appeal within fifteen (15) business days.

C. During the suspension period, the GRANTEE:
(1) Shall not be eligible to apply for or receive CITY grant funds. (2) Shall have any pending or in-progress grant applications withdrawn. (3) Shall be listed as ineligible in the CITY’s Grants Management System.

8. Appeals and Reinstatement
A. A GRANTEE may appeal a suspension or request for reinstatement after the suspension period or upon satisfying reinstatement conditions.

B. Appeals shall be in writing and directed to the City Manager, and must include:
(1) A written statement of appeal grounds;
(2) Supporting documentation; and
(3) Any evidence of corrective measures taken.

D. The CITY shall review appeals within thirty (30) calendar days. All determinations are final and not subject to further administrative review.

9. Incorporation by Reference. The GRANTEE acknowledges that compliance with this Exhibit is a material term of the Grant Agreement. Failure to comply may result in termination of the Grant Agreement and recovery of funds.
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EXHIBIT G

SUBAWARD EQUIPMENT MANAGEMENT AND DISPOSITION REQUIREMENTS (2 CFR § 200.313)

1. Authority. This Exhibit is issued pursuant to 2 CFR Part 200, including but not limited to 2 CFR § 200.313 (Equipment), and applies to all equipment acquired by the Subrecipient.

2. Definitions. Capitalized terms not otherwise defined in this Exhibit shall have the meanings set forth in 2 CFR § 200.1. For purposes of this Exhibit, “equipment” has the meaning provided in 2 CFR § 200.1.

3. Title and Federal Interest. Unless otherwise provided by statute or specified in writing by the Federal awarding agency or Pass-Through Entity:

A. Title to equipment acquired under this Subaward shall vest in the Subrecipient upon acquisition, subject to the conditions of 2 CFR § 200.313(a).

B. The Federal government retains a continuing Federal interest in such equipment until disposition requirements are satisfied in accordance with 2 CFR § 200.313(e).

C. While the equipment is being used for the originally-authorized purpose, the subrecipient must not dispose of or encumber its title or other interests without the approval of the Federal agency or Pass-Through entity 2 CFR § 200.313(a)(2).

4. Use of Equipment
A. Primary Use. The Subrecipient shall use the equipment for the originally authorized purpose of the Federal award for as long as needed for that purpose, whether or not the project or program continues to be supported by the Federal award, in accordance with 2 CFR § 200.313(c)(1).

B. Priority of Use for Other Federal Activities. When no longer needed for the original purpose, the equipment shall be used in the following order of priority, as applicable, in accordance with 2 CFR § 200.313(c)(2):
i. Activities under other Federal awards from the same Federal awarding agency; and ii. Activities under other Federal awards from other Federal awarding agencies.

C. Non-Federal Use. When the equipment is no longer needed for any Federal purpose, the Subrecipient may use the equipment for non-Federal activities, provided that such use does not interfere with Federal use and that compensation to the Federal government is made when required, consistent with 2 CFR § 200.313(c)(3).

5. Equipment Management Requirements. The Subrecipient shall establish and maintain equipment management systems that meet the minimum standards set forth in 2 CFR § 200.313(d), including but not limited to:

A. Property records that include all information required by 2 CFR § 200.313(d)(1); B. A control system to safeguard equipment and prevent loss, damage, or theft, with investigation and documentation of any such occurrences, as required by 2 CFR § 200.313(d)(3); and Maintenance procedures to keep equipment in good condition, consistent with 2 CFR § 200.313(d)(4).
i. Subrecipient must immediately report any equipment that is defective, inoperable, lost/stolen, or transferred to the awarding agency.

C. The equipment must the maintained in operable condition, at the receiving agency’s expense, for as long as the agency maintains custody of the equipment. 642

6. Disposition of Equipment. When equipment acquired under this Subaward is no longer needed for the original purpose or other Federally supported activities, subrecipient must notify the awarding agency immediately and request disposition instructions. Disposition shall be conducted in accordance with 2 CFR § 200.313(e).

7. Pass-Through Entity Oversight. The Subrecipient agrees that the Pass-Through Entity shall have the right to monitor compliance with this Exhibit and 2 CFR § 200.313, including review of equipment records and inventories, as required under 2 CFR § 200.332.

8. Flow-Down. The Subrecipient shall ensure that any lower-tier subawards involving equipment purchased with Federal funds include terms and conditions that are no less restrictive than those set forth in this Exhibit and 2 CFR § 200.313.

9. Conflict and Order of Precedence. In the event of a conflict between this Exhibit and other provisions of the Subaward, this Exhibit shall govern with respect to equipment acquired with Federal funds, unless otherwise required by Federal statute, regulation, or written direction from the Federal awarding agency.
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Attachment 2
RESOLUTION 26-14

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO APPROVING THE ACCEPTANCE AND APPROPRIATION OF THE FY 2024 HOMELAND SECURITY GRANT PROGRAM (HSGP) – URBAN AREA SECURITY INITIATIVE (UASI) SUBAWARD OF $21,241 FOR THE PURCHASE OF EOD EQUIPMENT
WHEREAS, the Urban Area Security Initiative (UASI) is a component of the Homeland Security Grant Program (Federal Assistance Listing #97.067), established under the Homeland Security Act of 2002 to provide federal funding to the most populous metropolitan statistical areas (MSAs) based on an assessment of terrorism risk. The purpose of the UASI Program is to assist high-threat, high-density urban areas in developing, sustaining, and enhancing capabilities to prevent, protect against, prepare for, and respond to acts of terrorism and other hazards; and WHEREAS, a pass-through grant process has allocated $21,241 to the City for the purpose of enhancing their communication capabilities and increasing officer survivability when responding to incidents requiring the remote opening, examining, and/ or handling or potential explosive threats, as well as the mitigation, suppression, and deflection of triggered/ initiated explosive ordinance; and
WHEREAS, the West Sacramento Police Department requires the applicable Explosive Ordnance Disposal (EOD) equipment to enhance officer and public safety by enabling better remote opening, examination, and handling of suspected explosive devices while mitigating, suppressing, or deflecting potential blasts. These tools—such as remote examination systems, protective headsets, blast-resistant handling gear, and tactical electronics—provide critical standoff capabilities that reduce risk to personnel during investigation and neutralization of hazardous materials. With this equipment, the West Sacramento Police Department can more effectively respond to explosive threats, minimize disruption to the community, and protect first responders from injury, thereby addressing current gaps in our EOD response capabilities and aligning with best practices in public safety. Without these upgrades, responders remain at increased risk when approaching or manipulating suspicious devices, potentially leading to preventable injuries, property damage, and prolonged scene closures; and WHEREAS, UASI funds are allocated by the U.S. Department of Homeland Security (DHS) to State Administrative Agencies (SAAs), which in turn distribute subawards to eligible local jurisdictions. The California Office of Emergency Services (CalOES) serves as the SAA for the State of California and has been awarded a FY2024 UASI allocation in the amount of $2,820,672 to the Sacramento urban area, which includes Sacramento, El Dorado, Placer and Yolo counties.

The UASI Program is locally administered by the Sacramento Police Department through its Regional Office of Homeland Security and is authorized to subaward UASI funding to regional stakeholders for the continued implementation of program goals and objectives; and WHEREAS, the City was notified in January 2026 that a $21,241 subaward was approved for the EOD equipment and a grant agreement was provided for effectuating the purchase. (See attachment 1). The identified equipment was selected by the UASI regional agencies based on their interoperability and demonstrated success in improving the survivability of officers conducting EOD operations; and
WHEREAS, the period of performance for the grant is March 15, 2026, through March 15, 2027, and funds for the purchase of the equipment will be subsequently reimbursed.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Sacramento as follows:
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Resolution 26-14 Attachment 2

Page 2 ends

1. The City Council hereby approves the acceptance of the grant subaward.

2. The City Council hereby approves amendments to the Operations and Maintenance budget for fiscal year 2025-2026 as listed below.

SOURCES
$21,241 250-9134-4640 FY 2024 UASI GRANT
USES
$21,241 250-9134-5257 PEREGRINE SOFTWARE

3. The City Council hereby finds the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution.

4. This Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED by the West Sacramento City Council on this 18th day of March 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
645

CITY COUNCIL AGENDA REPORT
MEETING DATE: March 18, 2026 ITEM # 9
SUBJECT:

CONSIDERATION OF POLICE DEPARTMENT MILITARY EQUIPMENT USE ANNUAL

REPORT AFFIRMING RENEWAL OF
ORDINANCE 22-16
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Dea Pugh, Police Support Services Manager
Police Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The purpose of this report is to comply with current AB 481 regulations, which require that law enforcement agencies obtain approval from the applicable governing body for the funding, acquisition, collaboration or other use of “military equipment” as defined by Section 7070(c).

RECOMMENDED ACTION
Staff respectfully recommends the City Council:

1. Receive the Police Department military equipment use policy and annual report;

2. Accept public comments concerning the report; and

3. Affirm renewal of Ordinance 22-16.

BACKGROUND
Assembly Bill 481 (AB 481), codified at Government Code (GC) Sections 7070 through 7075 (“AB 481”), requires a law enforcement agency to obtain approval from the applicable governing body prior to taking any action related to funding, acquisition, collaboration, or other use of “military equipment”, as that term is defined by Section 7070(c).

The West Sacramento Police Department (WSPD) currently has equipment defined in AB 481 and codified in GC Sections 7070 through 7075 as “military equipment” in its reserves. Throughout history, up to and including the present, WSPD has found it necessary from time to time, to use this equipment in order to protect the public health, safety, and general welfare, as well as that of WSPD officers, in the most efficient and communityconscious manner.

Specifically, the military equipment is used when WSPD officers face gunfire for prolonged incidents. Such ballistic equipment allows more opportunities to de-escalate the situation by, for instance, equipping tactical teams to resolve life threatening conditions in the safest way possible for all involved, including the community, the suspect, victims, bystanders and officers. Although some of the weaponry and other devices may be used infrequently, their availability expands the choices of non-lethal or less-lethal options for the large variety of dynamic and dangerous encounters faced in our city and profession. Limiting those choices without careful analysis could lead to decreasing options of relevant, contemporary interventions that can allow for deescalation, decrease the severity of violence and reduce harm overall.

To comply with AB 481, the Police Chief must obtain City Council approval by way of an ordinance adopting a Military Equipment Use Policy (Policy) as defined in Section 7070(d), that delineates the authorized military equipment and its purpose and use, and associated fiscal impact, legal and procedural rules, and requisite training. Additionally, the Policy is to include mechanisms to ensure compliance with the Policy, the procedures by which members of the public may register complaints or concerns, and how WSPD will ensure that each complaint, concern or question receives a timely response.

AB 481 allows the governing body to approve the funding, acquisition and use of military equipment within its jurisdiction, only if it determines that the military equipment meets specified standards outlined in GC 7071 as follows:

1. The military equipment as defined by California Government Code section 7070(c) identified in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
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AB 481 Military Equipment Use
March 18, 2026

Page 2 ends

2. The Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

3. The current military equipment identified in the Policy and the purchasing of any future military equipment on the list of approved military equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Prior military equipment use complied with the use policy that was in effect at the time.

On April 20, 2022, Staff presented for first reading Ordinance 22-16 and on May 18, 2022, subsequent to Staff’s presentation of a second reading, Ordinance 22-16 was adopted, approving Police Department Military Equipment Use Policy 709 and the use, acquisition, collaboration and seeking of funding for military equipment. (See Attachments 2 and 3) The adoption of Ordinance 22-16 was based upon determinations consistent with the required standards for approval as outlined in GC7071. (See attachment 4).

In December of 2023, March of 2024, and April of 2025 public hearings were conducted and the continuance of Ordinance 22-16 was approved. The associated Policy 709 and the Annual Military Equipment Use Report were received by Council per regulations. The Police Department also underwent a State Program Compliance Inspection from the California Governor’s Office of Emergency Services (CalOES) on January 6, 2026. The department demonstrated they were compliant with the LESO Program and the State Plan of Operations. (See attachment 5). The Police Department is currently seeking to again comply with GC 7071, which requires the governing body at a regular Council meeting to annually review Ordinance 22-16 and vote on whether to renew the Ordinance.

ANALYSIS
Pursuant to GC 7072, a law enforcement agency that receives approval for a military equipment use policy shall submit to the governing body annually a “military equipment use report” for each type of military equipment approved by the governing body to include:

1. A summary of how the military equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the military equipment.

3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

5. The quantity possessed for each type of military equipment.

6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

The governing body shall determine, based on the annual military equipment use report, whether each type of military equipment identified in the report has complied with the standards for approval. If the governing body determines that a type of military equipment identified in the annual military equipment use report has not complied with the standards for approval, the governing body shall either disapprove renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance. The Police Department’s annual Military Equipment Use Report to Council is included as Attachment 1 of this report.

Within 30 days of submitting and publicly releasing an annual military equipment report, WSPD is required to hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and WSPD’s funding, acquisition or use of military equipment. On March 8, 2026, the Police Department held an open house for the public to view the Department’s military equipment. This provided an opportunity for the public to ask questions and provide feedback.

As per regulation, WSPD conducted an internal audit and determined that there have been no violations of the Military Equipment Use Policy.
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AB 481 Military Equipment Use
March 18, 2026

Page 3 ends

The Department is requesting that Council approve a renewal of the authorization set forth under Ordinance 22- 16 pertaining to the use of military equipment.

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
Council may choose to disapprove the renewal of the authorization set forth under Ordinance 22-16 for a type, as defined, of military equipment or amend the Police Department’s Military Equipment Use Policy 709.

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

Budget/Cost Impact
The proposed actions do not require funding to implement. Funding for relevant City and Department services will be budgeted annually.

ATTACHMENTS

1. 2025 Annual Military Equipment Use Report

2. WSPD Policy Manual Policy 709

3. Ordinance 22-16

4. Government Code 7070 -7075

5. CalOES LESO Compliance Report
648
West Sacramento Police Department
Annual Military Equipment Use Report 2025
On September 30, 2021, Assembly Bill 481 was signed into law. It requires law enforcement agencies to obtain approval for the use of certain items defined as “military equipment” from the applicable governing body (City Council), by adoption of a military equipment use policy. The West Sacramento Police Department is required to seek City Council approval of its Military Equipment Use Policy at a regular open meeting prior to taking certain actions relating to the funding, acquisition, and use of military equipment.

Assembly Bill 481 allows the governing body to approve the funding, acquisition, and use of military equipment within its jurisdiction, only if it determines that the military equipment meets specified standards. The Military Equipment Use Policy is subject to City Council review to determine whether the standards set forth in Assembly Bill 481 have been met, based upon an Annual Military Equipment Use Report.

Finally, Assembly Bill 481 requires publication of the Military Equipment Use Policy and the Annual Military Equipment Use Report on the Department’s website. (Assembly Bill 481) California Government Code section 7072 states the following:
(a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
(4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. 649
(6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. (b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment.

In addition to maintaining the highest levels of public safety, the West Sacramento Police Department is committed to transparency, public trust, community partnerships, and compliance with the law. As such, the Department has authored the following 2024 Annual Military Equipment Use Report in accordance with annual reporting requirements set forth in California Government Code section 7072.

AB 481 Definition of Military Equipment (Government Code 7070) Assembly Bill 481 created Government Code 7070 to designate the following 15 categories of items as military equipment:

Category 1: Unmanned, remotely piloted, powered aerial or ground vehicles.

Category 2: Mine-resistant ambush-protected vehicles or armored personnel carriers.

Category 3: High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.

Category 4: Tracked armored vehicles that provide ballistic protection to their occupants.

Category 5: Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

Category 6: Weaponized aircraft, vessels, or vehicles of any kind.

Category 7: Battering rams, slugs, and breaching apparatuses that are explosive in nature.

Category 8: Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.

Category 9: Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue handguns.

Category 10: Any firearm or firearm accessory that is designed to launch explosive projectiles.

Category 11: Noise-flash diversionary devices and explosive breaching tools.

Category 12: Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
650
Category 13: TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices.

Category 14: Kinetic energy weapons and munitions.

Category 15: Any other equipment as determined by a governing body or a state agency to require additional oversight.

The West Sacramento Police Department possesses or utilizes items in Categories 1, 2, 5, 7, 9, 11, and

12. All items currently in possession of the West Sacramento Police Department have been approved during the associated budgetary periods commensurate with the items purchased. 2025 Military Equipment Usage, Quantity, Complaints and Annual Cost Breakdown:

Item/Category Equipment Use Type Frequency of Usage Complaints Annual Cost UAS- Cat. 1 a) Field Deployment
b) Planned event
a) 85
b) 0
No complaints $55,000
Breaching ToolsCat. 7/11a) Field Deployment
b) Planned event
a) 0
b) 5
No complaints $0
40 MM- Cat. 9 a) Field Deployment
b) Planned event
a) 0
b) 0
No complaints $0
Flash Bangs- Cat.
11 a) Field Deployment
b) Planned event
a) 0
b) 8
No complaints $0
Chemical AgentsCat. 12a) Field Deployment
b) Planned event
a) 1
b) 0
No complaints $0
Rifles- Cat. 9 a) Field Deployment
b) Planned event
a) 0
b) 0
No complaints $4,400 (4 rifles, 2
replaced, 2 for new
officer positions)
MRAP- Cat. 2 a) Field Deployment
b) Planned event
a) 0
b) 7
No complaints $0
Command
Vehicle- Cat. 5
a) Field Deployment
b) Planned event
a) 2
b) 1
No complaints $0
Less Lethal
Shotgun- Cat. 9
a) Field Deployment
b) Planned event
a) 1
b) 0
No complaints $0
Pepperball
Launcher- Cat. 12
a) Field Deployment
b) Planned event
a) 1
b) 0
No complaints $0
*The department reports on the actual money spent to replace or purchase the equipment listed above. The expendable munitions are not replaced immediately after usage but are purchased in a bulk replacement. That replacement cost will be reported in the year of the purchase.

Anticipated Purchases:
• The department anticipates the purchase of 2 new rifles for Patrol use in 2026. The anticipated cost for these items is $2,656.46.
• The department also anticipates purchasing replacement breaching rounds and flashbangs during the first quarter of 2026.
• The UAS Program began a 3-year replacement cycle in 2024. Aircraft being purchased are one DJI M-30T’s, two DJI Mavic 4T Advanced and 2 DJI Avata 2. The M-30’s and 651
Mavic 4T Advance are designated as primary patrol operations aircraft. The Avatas are primarily for interior tactical flight. Orders were placed for the aircraft in the second quarter of 2025 calendar year and received in third quarter of 2025 and added to the aircraft fleet.
• The department ordered a low-profile armored vehicle in 2025, as approved by City Council. The vehicle is being built and is expected to be received in December of 2026.

Payment will be made upon receipt of the vehicle. The approximate anticipated cost is $492,000.

Community Engagement Meeting:

The West Sacramento Police Department held an Open House Event on March 8th, 2026, that included a display of the department’s AB 481 designated equipment and an opportunity for the public to review the department’s policy, the 2024 report and ask questions or make comments. There were no formal comments made to the department.

Complaints or Comments:

Any member of the public can submit a complaint to any member of the Department and in any form (i.e., in person, telephone, email, etc.). Once the complaint is received, it should be routed to the Internal Affairs Division
Complaints and/or concerns can also be sent to the department via our website:
https://www.cityofwestsacramento.org/government/departments/police/commendation-complaint The current military equipment policy can be located on the police department’s website at https://www.cityofwestsacramento.org/home/showdocument?id=14893&t=638156049913519210.

Internal Audit:

The Police Department conducted an internal audit of the military equipment use policy and its use of any items defined by statute as “military equipment.” The Professional Standards Unit and the department’s Professional Standards and Training Review Board reviewed each utilization of the any of the “military equipment” that was utilized within a use of force incident. All uses of “military equipment” were audited for compliance with the military equipment policy for 2025:
• Category 12 Chemical Agents- 1 field deployment
• Category 12 Pepperball Launcher- 1 field deployment
The audit determined that there were no violations of the military equipment as outlined in the use policy.

All deployments of UAS are reviewed by the supervisor assigned to the UAS Team. In addition, the following usages were audited for compliance with the military equipment policy for 2025:
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• Category 1 UAS- There were 85 field deployments during 2025 The audit determined that there were no violations of the military equipment as outlined in the use policy.

The West Sacramento Police Department participated in a Countywide SWAT Team along with the Woodland Police Department and Yolo County Sheriff’s Office. In 2025 the SWAT Team deployed a total of 21 times. Each deployment is reviewed by the assigned SWAT Commanders from each agency. In addition, the deployments below were audited for compliance with the military equipment policy for 2025:
• Category 7/11 Breaching Tools- There were 5 deployments during planned events • Category 11- Flash Bangs- There were 8 deployments during planned events • Category 2 MRAP- There were 7 planned deployments
• Category 5 Command Vehicle- There were 2 field deployments and one planned deployment For the events that occurred during 2025, it was determined that there were no violations of the military equipment as outlined in the use policy.
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Policy
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Military and Other Specifically Identified
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709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military and other specifically identified equipment defined under Government Code § 7070; Government Code § 7071; Government Code § 7072. 709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

The following definitions shall apply to this policy.
"City" means the City of West Sacramento.
"City Council" means the City Council of the City of West Sacramento, which is the Governing Body of the City, including the Police Department.
"Exigent Circumstances" means a law enforcement agency's good faith belief that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person is occurring, has occurred, or is about to occur.
"Governing Body" means the elected body that oversees a law enforcement agency. "Law Enforcement Agency" means any of the following:

1. A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges.

2. A sheriff's department.

3. A district attorney's office.

4. A county probation department.
"Military Equipment" means the following:

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.

However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
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5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.

However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

8. Firearms of.50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Specialized firearms and ammunition of.50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

10. Specialized firearms and ammunition of less than.50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than.50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.

13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).

14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.

15. Any other equipment as determined by the City Council to require additional oversight.

16. Notwithstanding the above, "military equipment" shall not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

17. Governing body – The elected or appointed body that oversees the Department.

18. "Military Equipment Use Policy" means this policy, a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:

1. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.

2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment.

3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use. 655
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5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.

6. The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner. "Police Chief" means the Chief of Police to the City of West Sacramento Police Department. "Police Department" and "Department" mean the City of West Sacramento Police Department, which is the Law Enforcement Agency to the City.
"State agency" means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. "Type" means each item that shares the same manufacturer model number. 709.2 POLICY
It is the policy of the West Sacramento Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military and other specifically identified equipment.
709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police shall designate a Military Equipment Coordinator. The Military Equipment Coordinator's responsibilities shall include, but are not limited to:
(a) Identifying Military Equipment that requires City Council approval for use, acquisition, collaboration, or seeking of funding.
(b) Conducting an inventory of all Military Equipment at least annually. (c) Collaborating with any agency that may use military equipment within the City (Government Code § 7071).
(d) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Preparing the annual military equipment report for submission to the Police Chief and ensuring that the report is made available on the Department's website (Government Code § 7072).
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2. Preparing for public questions regarding the funding, acquisition, and use of equipment.

3. Publicizing the details of the meeting.
709.4 IDENTIFIED MILITARY EQUIPMENT INVENTORY
All Military Equipment kept and maintained by the Department shall be inventoried in a way that addresses each of the following requirements:
(a) The manufacturer's description of the equipment.
(b) The capabilities of the equipment.
(c) The purposes and authorized uses for which the Department proposes to use the equipment.
(d) The expected lifespan of the equipment.
(e) The fiscal impact of the equipment, both initially and for on-going maintenance. (f) The quantity of the equipment, whether maintained or sought.

An inventory of the Department's qualifying Military Equipment, titled "Military Equipment List," is attached to this policy as EXHIBIT A and incorporated herein by reference.

See attachment: 2025 Military Use Equipment List.pdf
709.5 CITY COUNCIL APPROVAL
The Police Chief shall obtain City Council approval by way of an ordinance adopting the Military Equipment Policy. As part of the approval process, the Police Chief shall ensure the proposed Policy is submitted to the City Council and is available on the Department's website at least 30 days prior to any public hearing concerning the Military Equipment at issue (Government Code § 7071). The Policy must be approved by the City Council prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within West Sacramento.
(e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council.
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(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 709.6 AGENCY COLLABORATION
Use of Military Equipment by any member of the West Sacramento Police Department shall be in accordance with this Policy. Use of Military Equipment by members of any Law Enforcement Agency, or other agency, providing mutual aid to the City shall be in accordance with the respective agency's adopted Military Equipment Use Policy as well as other policies adopted by any party or parties regarding mutual aid.

The West Sacramento Police Department participates with the Yolo County Regional SWAT Team and works closely with local, county, state, and federal public safety partners. During Exigent Circumstances, and with the approval of the Chief of Police, or his or her designee, Military Equipment may be deployed within the City from such public safety partners to promote the safety and security of residents, guests, businesses, and other community members. 709.7 COMPLIANCE
Military Equipment shall only be used by a Department member after applicable training, including any course required by the Commission on Peace Officer Standards and Training, has been completed, unless Exigent Circumstances arise.

Reporting, investigation, and any disciplinary action including termination, if merited, of alleged violations of this Policy shall be handled through the Department's standard disciplinary procedures.

The City Council and Department recognize that critical incidents are unpredictable and can be very dynamic in nature. A variety of military equipment options can greatly assist Incident Commanders, Officers, and specific units in bringing those incidents to a swift resolution in a safe manner. The use of military equipment is restricted for use only in certain instances and in some cases only by certain units/teams. While this procedure is wide-ranging, it is not all-inclusive. There may be instances wherein Exigent Circumstances demand the need for Incident Commanders to authorize military equipment to be used in a manner not outlined within this policy. In scrutinizing those particular instances, the judgment of the Incident Commander influenced by the totality of the circumstances, public safety, officer safety, civil rights, and information available at the time will be used.

It is incumbent upon Incident Commanders, Supervisors, individual Officers, and specific units/ teams to recognize the particular circumstances wherein military equipment should be employed to enhance the safety of the public and officers, and to bring a critical incident to a safe resolution. 658
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Department members are bound to adhere to Department Policy, in addition to State and local laws and ordinances when employing the use of Military Equipment at any time.

Any member of the public can register a question or concern regarding military use equipment by contacting the Police Department. A response to the question or concern shall be completed by the Department in a timely manner.
709.9 ANNUAL REPORT
Upon approval of the Policy, the Chief of Police, or his or her authorized designee, shall submit a military equipment report to the City Council within one year, and annually thereafter for as long as the Military Equipment is available for use (Government Code § 7072). The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:

1. A summary of how the military equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the military equipment.

3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

5. The quantity possessed for each type of military equipment.

6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. (a) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency's funding, acquisition, or use of military equipment.

The Chief of Police, or his or her the authorized designee, shall make each annual military equipment report publicly available on the Department website for as long as the Military Equipment is available for use in the City. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of Military Equipment in the Department inventory.
709.9 SUPPLY LEVELS
The City Council expressly permits the Police Department to maintain the stock of approved Military Equipment in this Policy, as may be updated from time to time, including acquiring or replacing reasonable amounts of ammunition, parts, and replacements. The Chief of Police is expressly authorized to make purchases in accordance with this permission. The Chief of Police, 659
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or his or her designee, shall report to the City Council all purchases subject to this Policy of these purchases at least every six months.
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Attachments
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2025 Military Use Equipment List.pdf
2025 Military Use Equipment List.pdf
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EXHIBIT A
West Sacramento Police Department
Military Equipment List
MILITARY USE EQUIPMENT: UAS/EOD TEAM- issued/assigned to specifically trained department personnel who are members of the department Unmanned Aircraft System (UAS) of the Explosive Ordinance Disposal (EOD) Team.

1. Unmanned Aircraft System (UAS): An unmanned aircraft along with the associated equipment necessary to control it remotely.
(a) Description, quantity, capabilities, and purchase cost of current UAS:
i. DJI MAVIC MINI 2, cost: $500 each, quantity: 12. Miniature UAS that weighs approximately 249 grams and is able to record video and audio with approximately 30 minutes of flight time. These units are primary used for training only and are not deployed in the field.
ii. DJI MAVIC MINI 3, cost: $500 each, quantity: 4. Miniature UAS that weighs approximately 249 grams and has a color camera capable of video recording, UAS has approximately 38 minutes of flight time.
iii. DJI PHANTOM 4 PRO RTK, cost: $1200 each, quantity: 1. UAS with a single-color camera, weighs approx. 7.5 pounds and has video recording capabilities, approx. 30 minutes of flight time. This UAS is currently being phased out of service. iv. DJI MAVIC 2T ENTERPRISE ADVANCED, cost: $6,500 each, quantity: 4. UAS that has a color and inferred camera as well as audible speaker and light. Capable of video recording and weighs 899 grams, approx. 30 minutes of flight time. Two of the four units are being phased out of service.
v. DJI M300 with HT20, cost: $25,000 each, quantity: 1. UAS that has 45 minutes of flight time, in all weather, has an IR camera, zoom camera, speaker, light. Has video recording capabilities.
vi. DJI MAVIC ENTERPRISE ZOOM , cost: $2,200, quantity: 1. UAS that weighs approx. 1.5 pounds, 25 min flight time and a single-color camera with recording capabilities. . This UAS is currently being phased out of service. vii. DJI MAVIC 3 ENTERPRISE ADVANCE, cost $5,000, quantity: 1. UAS that weighs approx. 958 g., 43 minutes of flight time and has video recording capabilities. This unit is primarily used for scene mapping.
viii. DJI MATRICE 30T ENTERPRISE, cost $12,000, quantity: 3. UAS that weighs approx. 4069 g., UAS that has 41 minutes of flight time, in all weather, has an IR camera, zoom camera, light. It has video recording capabilities. ix. DJI MATRICE 4T ENTERPRISE ADVANCE, cost $9,000. Quantity 2. UAS that has color and inferred cameras and spotlight. Capable of video recording and weighs 1229 g, approx. 49 minutes of flight time.
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x. DJI AVATA 2, cost $1200, quantity 6. UAS that has a color camera capable of video recording. UAS weighs approx. 377 g. and has approx. 23 mins of flight time. (b) Purpose: To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
i. Explosive ordnance disposal (EOD)/ Bomb Squad missions ii. Post-incident crime scene and traffic collision investigation preservation and documentation
iii. Response to hazardous materials incidents
iv. Search and Rescue (SAR) missions as defined in California Government Code Section 26614
v. Public safety and life preservation missions to include barricaded suspects, hostage situations, active shooters, apprehension of armed and dangerous and/or violent fleeing suspects, and high-risk search warrants vi. Disaster response and recovery to include natural or human caused disasters including a full overview of a disaster area for post incident analysis and documentation
vii. Training missions as authorized by the Training Certificate of Authorization viii. In response to specific requests from local, state or federal fire authorities for fire response and prevention
ix. Special Events which require the protection of the public and or dignitaries. x. When there is probable cause to believe that (1) the sUAS will record images of a place, thing, condition, or event; and (2) that those images would be relevant in proving that a certain felony had occurred or is occurring, or that a particular person committed or is committing a certain felony and use of the sUAS does not infringe upon the reasonable expectation of privacy
xi. Pursuant to a search warrant
xii. The assessment of public health and environmental related issues in public areas which, due to their geographical location, pose an operational or safety challenge to assess.
(c) Authorized Use: Only assigned operators who have completed the required training shall be permitted to operate any UAS during approved missions. (d) Expected Life Span: All UAS equipment, 2-3 years.
(e) Fiscal Impact: Annual maintenance and battery replacement cost is approximately $8,000.
(f) Training: All Department UAS operators are licensed by the Federal Aviation Administration for UAS operations. In addition, each operator must attend a 40-hour department training course and ongoing monthly training. (g) Legal and Procedural Rules: Use is established under FAA Regulation 14 CFR Part 107, and the City of Sacramento UAS policy 473. It is the policy of the WSPD to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.
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2. Robots: A remotely controlled unmanned machine that operates on the ground, which is utilized to enhance the safety of the community and officers. The robots owned and operated by the WSPD are equipment which are maintained and operated by members of the Yolo County Bomb Squad. The WSPD is a member agency of the Yolo County Bomb Squad through and established mutual aid agreement with other Yolo County law enforcement agencies.
(a) Description, quantity, capabilities, and purchase cost I. REMOTEC ANDROS F6-A, cost: $250,000 each, quantity: 1. The REMOTEC ANDROS F6A is a heavy-duty robot. Its stair climbing ability, an arm capable of lifting 65lbs. The F6A also offers multiple communications options, a chassis and manipulator that allow for accessories and tool combinations, and quick-release pneumatic wheels for rapid width reduction.

II. REMOTEC ANDROS HD-2, cost: $250,000 each, quantity: 1. The REMOTEC ANDROS HD-2 is a medium-duty robot. Its stair climbing ability, an arm capable of lifting 145 lbs.

The HD-2 also offers multiple communications options, a chassis and manipulator that allow for accessories and tool combinations. The REMOTEC ANDROS HD-2 is tracked over wheels for rugged operation.
(b) Purpose: To be used to remotely gain visual/audio data, deliver CNT phones, open doors, disrupt packages, and clear buildings.
(c) Authorized Use: Only assigned operators who have completed the required training shall be permitted to operate the robots identified at sections 2(a)(i) through (ii). Use is established by the Bomb Squad Commander and or Incident Commander. (d) Expected Life Span: All robots, 8-10 years.
(e) Fiscal Impact: Annual maintenance and battery replacement cost is approximately $5,000.
(f) Training: All robot operators must complete training through the Yolo County Bomb Squad in the operation of the specific robot platform in which the operator will be operate.
(g) Legal and Procedural Rules: It is the policy of the WSPD to utilize a robot only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

3. Breaching Tools: Tools that are used to conduct an explosive breach. (a) Description, quantity, capabilities, and purchase cost i. DETONATING CORD, cost: $1 per foot, quantity: 1000 feet. The detonating cord is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, 665
pentrite). With the PETN exploding at a rate of approximately 6400 m/s, any common length of detonation cord appears to explode instantaneously. It is a high-speed fuse which explodes, rather than burns, and is suitable for detonating high explosives.
ii. BLASTING CAP, cost: $12, quantity: 60. A blasting cap is a small sensitive primary explosive device generally used to detonate a larger, more powerful and less sensitive secondary explosive such as TNT, dynamite, or plastic explosive.

Blasting caps come in a variety of types, including non-electric caps, electric caps, and fuse caps.
iii. IDEAL PRODUCTS PRECUTION ACTUATED NON ELECTRICT (PAN) DISTRUPTOR, cost: $3500, quantity: 4. Each of the two listed robots have two PAN barrels mounted on the robot. This tool is a 12 gauge barrel primarily used for disruption and remote opening of suspicious packages, dangerous items, explosives and improvised explosive devices. In certain circumstances, the PAN is used to safely utilize shotgun breaching rounds and water jets in order to destroy deadbolts, locks, and hinges. This weapon can also defeat windows and sliding glass doors with a blank round.
iv. Stryker 12 gauge Shotgun, cost: $1900, quantity: 1. This weapon allows for breachers to safely utilize shotgun breaching rounds in order to destroy deadbolts, locks, and hinges. This weapon can also defeat windows and sliding glass doors with a blank round. This item is mounted and specifically designed to deploy door and glass breaching rounds and lethal ammunition from a robot. v. CTS/ PENN ARMS, 40MM MULTI-LAUNCHER, cost: $5200, Quantity: 1. The 40MM Multi-Launcher is a tactical 6 shot launcher. It will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40MM less lethal round up to 131 feet and is only authorized to be used by trained personnel. This item is mounted and specifically designed to deploy less lethal ammunition from a robot.
vi. REMINGTON 870 EXPRESS BREACHING SHOTGUN, cost: $500, quantity: 2.

The round is fired from a shotgun to break windows for access and entry. (b) Purpose: To safely gain entry into a structure.
(c) Authorized Use: Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises. (d) Training: All Bomb Squad personnel who use explosive breaching tools shall attend a basic explosive breaching course and receive specific training on the use of squad tools for breaching.
(e) Expected Life Span:
i. DETONATING CORD, until used.
ii. BLASTING CAP, until used.
iii. IDEAL PRODUCTS PRECUTION ACTUATED NON ELECTRICT (PAN) DISTRUPTOR, unlimited unless damaged.
iv. CTS/ PENN ARMS, 40MM MULTI-LAUNCHER, 25 years.
v. REMINGTON 870 EXPRESS BREACHING SHOTGUN, 25 years.
vi. MK Ballistics Master Key 12-gauge Ballistic Door Breaching Round, until used. vii. Winchester 12-gauge Popper Blank, until used.
(f) Fiscal Impact: Annual maintenance is approximately $100. (g) Legal and Procedural Rules: : It is the policy of the WSPD to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law. West Sacramento Police Policy 465 identifies the procedures for shotgun and explosive breaching.

MILITARY USE EQUIPMENT: WSPD SWAT- issued/assigned to specifically trained department personnel who are members of the department Special Weapons and Tactics (SWAT) Team.

4. 40 MM Launchers and Rounds: 40MM Launchers are utilized by department personnel as a less lethal tool to launch impact munitions.
(a) Description, quantity, capabilities, and purchase cost each:
i. DEFENSE TECHNOLOGY, 40MM EXACT IMPACT, #6325, cost: $28.65, quantity:

24. A less lethal 40MM lightweight plastic and crushable foam projectile fired from a single or multi-round purpose-built 40mm grenade launcher with a rifled barrel at 295 FPS. The 30-gram crushable foam projectile delivers 120 ft/lbs of energy upon impact. The 40mm Direct Impact marking round provides accurate and effective 667
performance when fired from the approved distance of not less than five (5) feet and as far as 120 feet from the target.
ii. DEFENSE TECHNOLOGY, 40 MM FERRET OC (liquid), #1262 (no longer manufactured – replacement is part# 2260), cost: $28.90, quantity: 33. The Ferret® 40mm Round is non-burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle.
iii. CTS 40MM OC LIQUID NO FLAME BARRICADE INDOOR. #4340, cost: $29.96, quantity 10. Liquid OC filled projectile penetrates intermediate barriers and delivers irritant agents into an adjacent room. *Effectiveness is dependent upon the type of weapon, angle of impact, environmental conditions, and the type of the intermediate barrier. The greatest probability for penetration occurs when the projectile impacts 90° perpendicular to the intermediate barrier. General usage in tactical situations involves intermediate barriers, such as single pane exterior windows, vehicle windows, pressed wood particle doors, 1-2 layers of wallboard, and interior hollow core doors .
iv. CTS 40MM OC LIQUID NO FLAME BARRICADE INDOOR. #4330, cost: $29.84, quantity 10. Liquid CS filled projectile penetrates intermediate barriers and delivers irritant agents into an adjacent room. *Effectiveness is dependent upon the type of weapon, angle of impact, environmental conditions, and the type of the intermediate barrier. The greatest probability for penetration occurs when the projectile impacts 90° perpendicular to the intermediate barrier. General usage in tactical situations involves intermediate barriers, such as single pane exterior windows, vehicle windows, pressed wood particle doors, 1-2 layers of wallboard, and interior hollow core doors.

Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
(b) Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
(c) Training: Sworn members utilizing 40MM less lethal chemical agents or impact rounds are trained in there use by POST certified less lethal and chemical agent instructors. (d) Lifespan:
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i. Defense Technology #1425 - 25 years.
ii. DEFENSE TECHNOLOGY, 40MM EXACT IMPACT, #6325 – 5 years. iii. DEFENSE TECHNOLOGY, 40 MM FERRET OC (liquid), #1260(no longer manufactured – replacement is part# 2260) – 5 years.
(e) Fiscal Impact: Annual maintenance is approximately $50 for each launcher. (f) Legal and Procedural Rules: Use is established under Policy Section 307. It is the policy of the WSPD to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

5. Noise Flash Distraction Devices: A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations.
(a) Description, quantity, capabilities, and purchase cost i. COMBINED TACTICAL SYSTEMS MODEL 7290M DISTRACTION DEVICE, cost: $49.63, quantity: 36. A non-bursting, non-fragmenting multi-bang device that produces a loud bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other highrisk arrest situations. (b) Purpose: Noise/flash distraction devices (NFDD) are less lethal weapons used to facilitate an effective resolution to assaultive or high-risk situations where disorienting or moving an individual or group of people, to effect an arrest or clear an area, is desired. (c) Authorized Use: Noise Flash Diversionary Devices shall only be used:
i. By officers who have been trained in their proper use. ii. In hostage and barricaded subject situations.
iii. In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.
iv. During other high-risk situations where their use would enhance officer safety. v. During training exercises.
(d) Lifespan: Until used.
(e) Fiscal Impact: No annual maintenance.
(f) Training: Prior to use, officers must attend divisionary device training that is conducted by Post certified instructors.
(g) Legal and Procedural Rules: It is the policy of the WSPD to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
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6. Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed.
(a) Description, quantity, capabilities, and purchase cost i. CTS, FLAMELESS TRI-CHAMBER CS GRENADE, 5230b, cost: $48.65 quantity

20. The design of the Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire.

The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver approximately .70 oz. of agent during its 20-25 seconds burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The TriChamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals’ effectiveness via heat and vaporization, while minimizing or negating the chance of fire to the structure. ii. DEFENSE TECHNOLOGY, SPEDE-HEAT CONTINUOUS DISCHARGE CHEMICAL GRENADE, CS, #1072, cost: $33.05, quantity: 1. The Spede-Heat™ CS Grenade is a high volume, continuous burn it expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This hand held, outdoor use grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 oz. of active agent.
iii. CTS 2600 LAUNCHING CARTRIDGE 12GA 1.6" SHELL LENGTH, # 126011, cost: $6.83, quantity: 30. The CTS Model 2600 12-Gauge Launching Cartridge is to be used with the 52 series launching cup.At a very short, 1.6”, to prevent weapon malfunctions, each cartridge must be manually loaded into the chamber for each shot. Effective range is dependent on the launching cup, launcher, and weight of munitions being launched.
(b) Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. 670
iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
(c) Authorized Use: Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents.
(d) Training: Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agent instructors.
(e) Lifespan: 5 years from manufacturing date.
(f) Fiscal Impact: No annual maintenance.

(g) Legal and Procedural Rules: It is the policy of the WSPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

7. Rifles: Guns that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance. (a) Description, quantity, capabilities, and purchase cost i. COLT LAW ENFORCEMENT 5.56 mm RIFLE, MODEL CARBINE, Cost: $2000, quantity: 9. It is a short-barreled rifle, equipped with a red dot sight, light and sling which allows a trained officer better control with greater accuracy than a pistol. It is used in instances to engage a suspect at greater distances than the capability a pistol. The rifle is capable of firing both 5.56 mm and .223 caliber ammunition. ii. COLT 7.62 mm RIFLE, MODULAR CARBINE, Cost: $1500, quantity: 1. The Colt

7.62 mm rifle and its variants, is a semi-automatic shoulder fired, gas operated weapon. It has a collapsible stock and removable magazine, caliber in 7.62mm and .308c caliber.
iii. GA PRECISION GAP 10 RIFLE, .308 caliber SNIPER RIFLE, Cost: $3724, quantity: 2. The GAP 10 rifle is a semi-automatic shoulder fired, gas operated weapon. It has a collapsible stock and removable magazine, caliber is .308. iv. HECKLER AND KOCH MP5, 9mm, SUB MACHINE GUN, Cost: $100, quantity:

1. The H&K MP5 is a lightweight air-cooled, selective fire, delayed blowback operated, shoulder fired weapon. It has a collapsible stock and removable magazine and is chambered in 9mm.
v. HORNADY TAP - .308 CALIBER, 165 GRAIN RIFLE ROUND, cost: $400 per case of 200, quantity: 33 cases. Hornady is reloadable, features match grade brass composite casing. It is polymer tipped, fragmenting with cannelure bullet. It is the optimum round for entry use to mitigate over penetration. 671
vi. WINCHESTER TRAINING .223 CALIBER, 55 GRAIN RIFLE ROUND, cost:
$314.20 per case of 1000, quantity: 18,300 rounds
vii. FEDERAL .223 CALIBER AMERICAN EAGLE 62 GRAIN RIFLE ROUND, cost:
$350 per case of 500, quantity: 2 cases.
viii. FEDERAL .223 CALIBER HI SHOK TACTICAL TRU 55 GRAIN RIFLE ROUND, cost: $450 per case of 500, quantity: 16 cases.
(b) Purpose: To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible. (c) Authorized Use: Only members that are POST certified are authorized to use a rifle. (d) Lifespan:
i. Colt Law Enforcement 5.56 carbine rifle - 20 years.
ii. Colt 7.62 mm Rifle, Modular Carbine – 20 years
iii. GA Precision GAP 10, .308 Rifle -20 years.
iv. H&K MP5 Sub Machine Gun, 9mm – 20 years
v. Hornady .308 ammunition - no expiration.
vi. Winchester and Federal .223 ammunition - no expiration. (e) Fiscal Impact: Annual maintenance is approximately $50 for each rifle. (f) Training: Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification two times a year.
(g) Legal and Procedural Rules: Use is established under Policy Section 311. It is the policy of the WSPD to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

8. Explosive Breaching Tools: Tools that are used to conduct an explosive breach. (a) Description, quantity, capabilities, and purchase cost. i. REMINGTON 870 MAGNUM BREACHING SHOTGUN, cost: $500, quantity: 2.

This weapon allows for breachers to safely utilize shotgun breaching rounds in order to destroy deadbolts, locks, and hinges. The stand-off that is attached to the end of the barrel allows for positive placement of the gun into the correct position and vents gases to prevent overpressure. This weapon can also defeat windows and sliding glass doors with a flash bang round. A less lethal 2.4- inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS).
iii. WINCHESTER 1300 DEFENDER BREACHING SHOTGUN, cost: $500, quantity: 1. This weapon allows for breachers to safely utilize shotgun breaching rounds in order to destroy deadbolts, locks, and hinges. The stand-off that is attached to the end of the barrel allows for positive placement of the gun into the correct position and vents gases to prevent overpressure. This weapon can also defeat windows and sliding glass doors with a flash bang round. A less lethal 2.4- inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). iv. ROYAL ARMS TESAR-2 BACK CAP 425 GRAIN COPPER FRANGILBE BREACHING ROUND, cost: $5 per round, quantity: 45. The round is fired from a breaching shotgun and is used to destroy deadbolts, locks and hinges. v. ROYAL ARMS FLASHBANG FB 82 12 GAUGE MUZZLE BLAST FLASH BANG SOFT BREACHING ROUND, cost: $5 per round, quantity: 74. The round is fired from a breaching shotgun and is used as a diversionary round and can be used to break glass.
vi. CTS 12GA BREACHING ROUND, 2570, cost: $6.95, quantity: 20. 12-gauge frangible slug to disrupt locking mechanisms and hinges, defeat and breach external and internal doors. *Effectiveness is dependent on shot placement, length of the muzzle from the impact area, and the type of locking attachments.

This breaching slug will be sufficient for most residential interior and exterior doors built to code. It may not be as effective on solid hard wood doors and metal fire, industrial type doors.
(b) Purpose: To safely gain entry into a structure.
(c) Authorized Use: Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises. (d) Training: All SWAT officers who use explosive breaching tools shall attend 40 hours of explosive breaching instruction and must additionally receive quarterly training for explosive operations.
(e) Lifespan:
i. Breaching Shotgun- 25 years
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ii. Royal Arms Tesar-2 black cap 425 grain copper breaching round- 5 years iii. Royal Arms 12-gauge muzzle blast flash bang soft breaching round- 5 years (f) Fiscal impact: Annual maintenance is approximately $50. (g) Legal and Procedural Rules: It is the policy of the WSPD to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law.

9. Mine-Resistant Ambush-Protected (MRAP) vehicle: Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes. (a) Description, quantity, capabilities, and purchase cost i. The MRAP Maxx Pro cost: approximately $500,000.00, but received from the military at no cost, quantity: 1. The MRAP is an armored vehicle that seats 8 personnel with open floor plan that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor. It was painted and outfitted with decals, lights and siren to match the departments police vehicles. (b) Purpose: To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.
(c) Authorized Use: The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training. (d) Lifespan: MRAP Maxx Pro, 25 years.
(e) Fiscal Impact: Annual maintenance cost of approximately $1000. (f) Training: The driver/operator shall receive training in the safe handling of the vehicle on a closed training course. Once the operator has shown competence in vehicle handling, the driver/operator will drive the vehicle throughout the city with an experienced driver.

Driver/operators shall also undergo California Department of Motor Vehicles commercial vehicle testing. Drivers must obtain a Class B driver’s license. (g) Legal and Procedural Rules: It is the policy of the Department to utilize armored vehicles only for official law enforcement purposes, and pursuant to State and Federal law.

10. S.W.A.T. Command and Storage Vehicle: A vehicle that carries S.W.A.T. Equipment and has large boards for operational planning.
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(a) Description, quantity, capabilities, and purchase cost: 2022 Ford F59 Utility Van, cost:
$76,168.00, quantity: 1. The vehicle can be utilized for SWAT and other critical incidents. (b) Purpose: To store equipment for S.W.A.T. training exercises and other critical incidents where S.W.A.T. is needed.
(c) Authorized Use: The vehicle used by officers who have been properly trained in the safe handling of the vehicle. The driver of the vehicle shall have a valid California driver license. Lifespan: The vehicle has a 30-year lifespan on chassis and vehicle structure.

Fiscal Impact: Annual maintenance cost is approximately $500. (d) Training: The operator will drive the vehicle throughout the city with an experienced driver, until comfortable driving alone.
(e) Legal and procedural Rules: It is the policy of the Department to use the vehicle only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

MILITARY USE EQUIPMENT- Items issued and/or assigned to trained department personnel

11. 40 MM Launchers and Rounds: 40MM Launchers are utilized by department personnel as a less lethal tool to launch impact munitions.
(a) Description, quantity, capabilities, and purchase cost each:
i. DEFENSE TECHNOLOGY, 40MM SINGLE SHOT LAUNCHER, #1425, cost:
$1000, quantity: 32. The 40MM Single Launcher is a tactical single shot launcher that features a folding stock and an adjustable Integrated Front Grip (IFG) with light rail. It will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40MM less lethal round up to 131 feet and is only authorized to be used by trained personnel.
ii. PENN ARMS, 40MM MULTI-LAUNCHER, #L640-3, cost: $2500, quantity: 2. The 40mm Tactical 6-Shot Launcher is low-profile and lightweight, providing multishot capability in an easy to carry launcher. It features expandable gun stock, and a vertically mounted front grip. It will launch a 40MM less lethal round up to 131 feet and is only authorized to be used by trained personnel. iii. COMBINED TACTICAL SYSTEMS, 40MM DIRECT IMPACT SPONGE, #4557, cost: $26, quantity: 73. A less lethal 40mm lightweight plastic and foam projectile fired from a single or multi-round purpose built 40mm grenade launcher with a rifled barrel at 260 FPS. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 50 yards from the target. iv. COMBINED TACTICAL SYSTEMS, 40MM DIRECT IMPACT OC, #4556, cost:
$33, quantity: 63. A less lethal 40MM lightweight plastic and crushable foam 675
projectile fired from a single or multi-round purpose-built 40mm grenade launcher with a rifled barrel at 320 FPS. The 39-gram crushable foam projectile delivers impact in addition to dispersion of 5 grams of OC irritant. The 40mm Direct Impact OC Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 50 yards from the target.
v. COMBINED TACTICAL SYSTEMS, 40MM RUBBER-FOAM, SMOKELESS MULTI-PROJECTILE, #4551, cost: $27, quantity: 36. This projectile delivers 3 separate, rubber baton pucks with each deployment. It can be fired from a single or multi-round purpose built 40mm grenade launcher with a rifled barrel at 350 FPS. The 40mm Rubber-Foam Projectile provides effective performance when skip fired off the ground 3-10 feet in front of the target. vi. COMBINED TACTICAL SYSTEMS, 40MM ARIAL FLASHBANG PROJECTILE, #4090-50, cost: $37, quantity: 50. This projectile is a 40MM aerial flash-bang producing an intense bright light and sound reports. Must be fired significantly above a crowd during a riot. Used to determine intent or used to hail or warn approaching individuals, vehicles, or marine vessels. Has an effective range of 50 meters, a sound output of 65-175 db and 6 million Candela light output. (b) Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
(c) Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
(d) Training: Sworn members utilizing 40MM less lethal chemical agents or impact rounds are trained in their use by POST certified less lethal and chemical agents instructors. (e) Lifespan
i. Defense Technology #1425 - 25 years.
ii. Penn Arms Multi Launcher #L640-3 - 15 years.
iii. CTS #4557 Exact Impact Sponge- 5 years.
iv. CTS #4556 Direct Impact OC- 5 years.
v. CTS #4551 Rubber Foam, Multi Projectile - 5 years.
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vi. CTS #4090-50 Arial Flashbang – 5 years.
(f) Fiscal Impact: Annual maintenance is approximately $50 for each launcher. (g) Legal and Procedural Rules: Use is established under Policy Section 307. It is the policy of the WSPD to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

12. Less Lethal Shotgun: Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round.
(a) Description, quantity, capabilities, and purchase cost i. MOSSBERG 590A1 LESS LETHAL SHOTGUN, cost: $500, quantity: 6. The Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De- escalation.
ii. 12-GAUGE SUPER-SOCK BEANBAG ROUND, cost: $5, quantity: 200. A less lethal 2.4- inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). CTS SuperSock rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Model 2581 Super-Sock is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to “unfold” or “stabilize.” The Super-Sock is an aerodynamic projectile. However, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Super- Sock is very accurate. However, effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts.
iii. CTS 12 GAUGE OC POWDER ROUND, cost: $8, quantity: 200. OC Liquid filled, non- burning, fin-stabilized rounds designed to penetrate light to intermediate barriers such as windows and hollow core doors. The projectiles break upon impact and deliver agent payloads of OC powder throughout the adjacent target area. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 50 yards from the target and has a velocity of 650- 750 FPS.
(b) Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
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(c) Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
(d) Lifespan
i. Mossberg 590A1 Less Lethal Shotgun- 25 years.
ii. CTS 12-Gauge Super Sock Round- No listed expiration date. iii. CTS 12-gauge OC Powder round, #2440 - 5 years.
(e) Fiscal Impact: Annual maintenance is approximately $50 for each shotgun. (f) Training: All officers are trained in the 12 gauge less lethal shotgun as a less lethal option by in-service training. SWAT personnel receive additional training internally when they transfer to the unit. SWAT operators who utilize these munitions have been through and successfully completed a POST approved gas school and/or trained in house by POST certified chemical agent instructors for muzzle blast training. (g) Legal and Procedural Rules: Use is established under Policy Section 307. It is the policy of the WSPD to utilize the less lethal shotgun only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

13. Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed.
(a) Description, quantity, capabilities, and purchase cost i. COMBINED TACTICAL SYSTEMS, #5230 - CS CANISTER GRENADE, Cost:
$28, Quantity: 41. Large diameter burning grenade that discharges a high volume of smoke and chemical agent through multiple emission ports.

Specifically for outdoor use and should not be deployed on rooftops, in crawl spaces or indoors due to potential fire hazard. Can be hand thrown or launched.

The canister is 6.2 in. by 2.6 in. and has a discharge duration of up to 40 seconds.
ii. COMBINED TACTICAL SYSTEMS, #5210 - WHITE SMOKE CANISTER GRENADE, Cost: $ 26, Quantity: 20. A large diameter pyrotechnic smoke grenade used for concealment or as a signaling device. The canister is 6.2 in. by

2.6 in. and has a discharge duration of up to 40 seconds. 678
(b) Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
(c) Authorized Use: Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents.
(d) Training: Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agent instructors.
(e) Lifespan: 5 years from manufacturing date.
(f) Fiscal Impact: No annual maintenance.
(g) Legal and Procedural Rules: Use is established under Policy Section XXX. It is the policy of the WSPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

14. Rifles: Guns that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance. (a) Description, quantity, capabilities, and purchase cost i. COLT AR-15, M4, ENHANCED PATROL RIFLE, Semi-Automatic, Cost: $1300, Quantity: 59. The AR-15 rifle and its variants, is a semi-automatic shoulder fired, gas operated weapon. It has a collapsible stock and removable magazine, caliber in .556MM or .223MM.
ii. SMITH & WESSON M&P-15, Semi-Automatic, Cost: $1300, Quantity: 8. The M&P-15 rifle is a semi-automatic shoulder fired, gas operated weapon. It has a collapsible stock and removable magazine, caliber: .556MM. iii. HORNADY TAP URBAN - .223 CALIBER, 55 GRAIN RIFLE ROUND, cost: $155 per case of 200, quantity: 50 cases. Hornady is reloadable, features match grade brass composite casing. It is polymer tipped, fragmenting with cannelure bullet. It is the optimum round for entry use to mitigate over penetration. iv. HORNADY CRITICAL DUTY - 9MM LUGER, 135 GRAIN HANDGUN ROUND, cost: $265 per case, quantity: 15,000 rounds. This round has a FlexLock design which is an “intelligent bullet” that reacts differently depending on the barrier it 679
encounters, delivering “barrier blind” performance after penetrating urban barriers such as plywood, sheet metal and even auto glass. Bright nickel-plated cases eliminate cartridge case tarnish, and the highly visible silver nickel simplifies chamber checks in reduced light.
v. HORNADY TAP RIFLE TRAINING - .223 CALIBER, 55 GRAIN RIFLE ROUND, cost: $220 per case of 500, quantity: 130 cases. Hornady is reloadable, training ammunition that compliments the current TAP duty rounds by delivering comparable, yet economical ammunition for law enforcement training. It delivers reliable functioning, accuracy, and point of aim / point of impact consistency when compared to comparable duty rounds.
vi. MIWALL 9MM LUGER AUTO 125 Grain TOTAL METAL JACKET PRACTICE AMMUNITION, cost: $275 per case of 500, quantity: 80,000 rounds. This 9mm Luger ammunition is loaded with a 125 grain Total Metal Jacket bullet. The Total Metal Jacket bullet is for range practice and reducing fouling in the barrel. The jacket covers 100% of the lead bullet, preventing bullet expansion and barrel leading. This ammunition is reload- production, non-corrosive, ammo, featuring brass cases, boxer primed and is reloadable.
(b) Purpose: To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible. (c) Authorized Use: Only members that are POST certified are authorized to use a rifle. (d) Lifespan:
i. Colt AR-15 rifle - 20 years.
ii. Smith & Wesson M&P15 rifle -20 years.
iii. Hornady and MIWALL 9MM ammunition - no expiration. iv. Hornady .223 ammunition - no expiration.
(e) Fiscal Impact: Annual maintenance is approximately $50 for each rifle. (f) Training: Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification two times a year.
(g) Legal and Procedural Rules: Use is established under Policy Section 311. It is the policy of the WSPD to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

15. Pepper Ball Launcher: A device that discharges irritant projectiles. (a) Description, quantity, capabilities, and purchase cost. 680
i. Pepper Ball TAC SF LAUNCHER, cost: $1600, quantity 4. The TAC SF Launcher is a compressed-air powered launcher designed to fire non-lethal Pepper Ball projectiles. The Pepper Ball launcher features a gravity or electronic feed system for optimum versatility.
ii. Pepper Ball LIVE-X PROJECTILE, cost: $290 per 90 projectiles, quantity: 2,000 rounds. The Live Projectile contains a concentrated amount of PAVA pepper powder. One round of LIVE-X contains the equivalent to 10 Pepper Ball rounds.

Discharged from a Pepper Ball Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 2.5% PAVA Powder.
(b) Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include but, are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
(c) Authorized Use: Only those officers who have been trained in the use of Pepper Ball launchers are authorized to use the Pepper Ball launchers. (d) Training: Sworn members utilizing Pepper Ball launchers and projectiles are trained in there use by POST certified less lethal and chemical agent instructors. (e) Lifespan:
i. Pepper Ball TAC SF Launcher - 15 years
ii. Pepper Ball Live-X Projectile- 3 years
(f) Fiscal impact: Annual maintenance is approximately $50 for each Pepper Ball launcher. (g) Legal and Procedural Rules: Use is established under Policy Section 307. It is the policy of the WSPD to utilize Pepper Ball only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. 681
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California Code, Government Code - GOV § 7070
Current as of January 01, 2025 |
For purposes of this chapter, the following definitions shall apply:
(a) “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff's department or a district attorney's office, “governing body” means the board of supervisors of the county.
(b) “Law enforcement agency” means any of the following:
(1) A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges.
(2) A sheriff's department.
(3) A district attorney's office.
(4) A county probation department.
(c) “Military equipment” means the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.

However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision. (4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
(5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (6) Weaponized aircraft, vessels, or vehicles of any kind. 685
(7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. (8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles. (12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray. (13) Area denial electroshock devices, microwave weapons, water cannons, long-range acoustic devices, acoustic hailing devices, and sound cannons. (14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(d) “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
(2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. 686
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment. (4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy. (6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy. (7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner. (e) “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.
(f) “Type” means each item that shares the same manufacturer model number.

California Code, Government Code - GOV § 7071
Current as of January 01, 2025 |
(a)(1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
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(B) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(C) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. (E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter. (F) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment.
(G) Acquiring military equipment through any means not provided by this paragraph. (2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of the military equipment until it receives the approval of the governing body in accordance with this section. (b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency's internet website at least 30 days prior to any public hearing concerning the military equipment at issue.
(c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable. (d)(1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
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(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
(C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
(2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use. (e)(1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable. (2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance. (f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs.
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California Code, Government Code - GOV § 7072
Current as of January 01, 2025 |
(a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. (b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one wellpublicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency's funding, acquisition, or use of military equipment.

California Code, Government Code - GOV § 7073
Current as of January 01, 2025 |
(a) A state agency shall create a military equipment use policy prior to engaging in any of the following:
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(1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. (5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter. (6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment.
(7) Acquiring military equipment through any means not provided by this subdivision. (b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy.
(c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1) Publish the military equipment use policy on the agency's internet website. (2) Provide a copy of the military equipment use policy to the Governor or the Governor's designee.

California Code, Government Code - GOV § 7074
Current as of January 01, 2025 |
The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 691
California Code, Government Code - GOV § 7075
Current as of January 01, 2025 |
Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.
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California Law Enforcement Support Program
State Program Compliance 2025-2026
CA State Program Compliance Review_2025-2026
Agency Name: ________________________________________________________ Agency PAO: __________________________________________________________ Agency PAO Email: ____________________________________________________ Agency PAO Phone: ______________________________
Agency CLEO: _________________________________________________________ Agency CLEO Email: ___________________________________________________ Date of Interview: ________________________
SPOC Name: ___________________________________________________________ Notes:

Agency Signature: ________________________________________ SPOC Signature: ________________________________________ West Sacramento Police Department
Cody Coulter
[email protected]
(916) 617-5159
Robert Strange
[email protected]
01/06/2026
David Contreras
A site visit was conducted on 1/6/2026 at the West Sacramento Police Department. Our primary contact was Detective Cody Coulter who is also PAO for the LEA. Detective Coulter showed us all their LESO equipment, LESO documents and where it is stored and answered all questions our team had for him. 693
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2 Administration

1. Operational Documents (current means signed by current Chief Law Enforcement Officer (CLEO) or equivalent)
Yes No N/A
☐ ☐ ☐ 1. Does the LEA have current California Participation Packet, including LESO Application, State Plan of Operations (SPO)?
☐ ☐ ☐

2. Does the LEA have a current AB481 Certificate of Compliance? ☐ ☐ ☐ 3. Did you advise the LEA of the requirements of the SPO and the restrictions imposed should any violation occur?
☐ ☐ ☐ 4. Has the CLEO delegated authority to another individual in the agency? ☐ ☐ ☐ 5. Is the delegated authority letter on file with Cal OES LESO? Enter your comments below:

2. Program Requirements and Functional Accountability
Does the LEA understand that?
Yes No N/A
☐ ☐ ☐ 1. They must make use of all equipment acquired under the LESO Program within one (1) year or the equipment must be returned for reutilization by another LEA.
☐ ☐ ☐ 2. DEMIL A and Q6 property will drop off the LEA’s inventory one year after the issue date and the property has closed in FEPMIS.
☐ ☐ ☐ 3. They must maintain accurate accounting of all property obtained through the LESO Program. Accounting processes must include the use of the Federal Excess Property Management Information System (FEPMIS) and Equipment Custody Record (ECR) cards.
☐ ☐ ☐ 4. They must maintain, at a minimum, one user in FEPMIS. FEPMIS account holders must be employees of the agency.
☐ ☐ ☐ 5. They must re-certify if there is a change in the LEA’s Chief Law Enforcement Officer with in thirty (30) days of swearing in. ☐ ☐ ☐ 6. They must obtain prior approval from the Cal OES LESO before disposing of any LESO property.
☐ ☐ ☐ 7. They must maintain record keeping system of all DEMIL B - Q property, in accordance with the Defense Logistics Agency (DLA) Records Schedule.
☐ ☐ ☐ 8. They must be knowledgeable in utilizing the DLA websites such as; FEPMIS, AMPS, RTD, and LESO Website.

Enter your comments below:

West Sac PD keeps their LESO documents in a dedicated LESO binder and also in a digital file. 694
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CA State Program Compliance Review_2025-26
3 3. Written Departmental Policies
LEA personnel must have access to written departmental policies regarding the accountability, disbursement, use and disposal of all equipment obtained under the LESO Program for the following:

Yes No N/A
☐ ☐ ☐ 1. Issuance and disposition of property
☐ ☐ ☐ 2. DEMIL B - Q Property
☐ ☐ ☐ 3. Operational use of property
☐ ☐ ☐ 4. Transfer requirements
☐ ☐ ☐ 5. Disposal requirements
☐ ☐ ☐ 6. Inventory control, property ID
☐ ☐ ☐ 7. Loss/theft reporting
☐ ☐ ☐ 8. Storage/physical safeguards
☐ ☐ ☐ 9. Chain of custody (ECR)
Enter your comments below:

4. Management Policies
Interview LEA staff assigned to the LESO Program. Discuss their duties and roles within the program:

Yes No N/A
☐ ☐ ☐ 1. Is staff performing duties as stated in the SPO? ☐ ☐ ☐ 2. Are there any conflicting duties by LEA staff assigned to the LESO Program? Enter your comments below:

5. Equipment Management
Detective Coulter (PAO) is familiar with the FEPMIS website and will send him guides on how to create the accounts needed in AMPS/RTD so he can search for property for the LEA.

As PAO, Detctive Coulter handles the paperwork and accountability of all LESO Property including signing of ECR Cards when the property is issued out.

West Sacramento PD uses the SPO as written departmental policy regarding the accountability, disbursement and use of all equipment obtained under the LESO Program. They also follow their own departmental policies ensuring these policies are met. 695
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4 Does the LEA staff assigned to the LESO Program understand? Yes No N/A
☐ ☐ ☐ 1. They must maintain an inventory of equipment obtained through the LESO Program separate from the LEA’s inventory of their agency’s property.
☐ ☐ ☐ 2. They must have accurate documentation and up to date tracking records of all equipment obtained through the LESO Program. Custody Cards are required.
☐ ☐ ☐ 3. They must ensure all equipment obtained through the LESO Program be utilized in accordance with the SPO.
☐ ☐ ☐ 4. The proper protocol for the preparation and submission of forms utilized in the LESO Program.
☐ ☐ ☐ 5. That the transfer/turn-in/disposal of LESO property must be approved by the Cal OES/LESO prior to any action by the LEA.
☐ ☐ ☐ 6. They must maintain copies of all forms and documents including, but not limited to: 1.DD form 1348-1A, 2. DD form 200, 3. FAA Certificate of Aircraft Registration, 4. Approved Exception to Policy Memorandums, and 5. DLA LESO approvals for Aircraft, Vehicles, and Weapons. LESO documentation must be separate from all other agency records.

Enter your comments below:

Equipment

1. Major Equipment Listings

Has the LEA received Major Equipment through the LESO Program? Indicate Equipment Type:
☐ A. Aircraft
☐ B. Armored Vehicle(s)
☐ C. Watercraft
☐ D. Weapons
Enter your comments below:

Yes No
☐ ☐
Detective Coulter maintains current files of all LESO documents including copies of ECR Cards for all controlled property. All LESO equipment is stored in a secure room inside a secured building with only authorized personnel having access. Detective Coulter understands he must contact us prior to transferring or turn-in of all LESO Property.

LEA has one MRAP (SN 1HTWEAZR79J060967).
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PROGRAM COMPLIANCE REVIEW 2024
CA State Program Compliance Review_2025-26
5 A. Aircraft
Yes No N/A
☐ ☐ ☐ Was aircraft received?
Indicate below the type of aircraft received:

Enter your comments below:

B. Armored Vehicle
Yes No N/A
☐ ☐ ☐ Was an armored vehicle received?
☐ ☐ ☐ Is the vehicle currently in use?
☐ ☐ ☐ Does the LEA have a copy of the proper certifications for each vehicle? Check the appropriate box(s):
☐ Form 1348 - Issuance Document
☐ Form 97 – Vehicle Title Document
☐ Form 1928 - Title Certification for Tactical Vehicles Enter your comments below:

None
N/A
MRAP is kept in a secured building inside a secured facility with only authorized personnel having access. The MRAP was seen to be in good condition and properly maintained. The LEA states that the vehicle gets plenty of use.
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PROGRAM COMPLIANCE REVIEW 2024
CA State Program Compliance Review_2025-26
6 C. Watercraft
Yes No N/A
☐ ☐ ☐ Was watercraft received?
Enter your comments below:

D. Weapons
Check below the types and indicate the number of weapons received by the LEA:
☐ M16 ☐ M14 ☐ M79 ☐ M1911
Has the LEA?
Yes No N/A
☐ ☐ ☐ 1. Submitted ATF form 5/10, as required by the SPO to the Alcohol, Tobacco, and Firearms (ATF).
☐ ☐ ☐ 2. Retained approved copies of the ATF form 5/10 for all LESO weapons in their inventory.
☐ ☐ ☐ 3. Secured weapons when not in use. Stored with two (2) locking mechanisms.
☐ ☐ ☐ 4. Developed and implemented appropriate weapons tracking procedures and policies.

Does the LEA?
Yes No N/A
☐ ☐ ☐ 1. Understand the LESO Program regulations regarding weapons transfers and turn-ins.
☐ ☐ ☐ 2. Understand the reporting requirements related to missing, loss, stolen or damaged LESO weapons.
☐ ☐ ☐ 3. Understand that missing, lost or stolen weapons will result in a temporary suspension, and possible termination, from the LESO Program.

Enter your comments below:

N/A
N/A
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PROGRAM COMPLIANCE REVIEW 2024
CA State Program Compliance Review_2025-26
7 Programmatic Requirements

1. LEA Property Use
Does the LEA understand?
Yes No N/A
☐ ☐ ☐ 1. The property must be utilized in accordance with the terms and conditions of the SPO.
☐ ☐ ☐ 2. The procedure for submitting an inventory adjustment request to remove property from their agency inventory listing.
☐ ☐ ☐

3. That an annual inventory will be required on all DEMIL B – Q equipment and weapons obtained through the LESO Program and all DEMIL A equipment that was acquired less than one year ago.
☐ ☐ ☐

4. That LESO Program property is for the current use of authorized program participants; it will not be required nor issued for speculative use.
☐ ☐ ☐

5. That equipment will not be obtained for the purpose of sale, lease, loan, rent, exchange, barter, to secure a loan, or to otherwise supplant normal LEA budgets?
☐ ☐ ☐

6. That any transportation, repair, maintenance, insurance, disposal, or other expenses associated with LESO Program equipment is the sole responsibility of the LEA?
☐ ☐ ☐ 7. The State LESO reserves the right to recall any, and all property issued at the LEA expense.

Enter your comments below:

West Sacramento PD understands the program requirements including that LESO equipment is to be used by law enforcement officers for law enforcement purposes only. They also understand their Agency is responsible for transportation, repair, maintenance, insurance or other expenses associated with LESO Program equipment. They understand the requirements of the annual inventory for their controlled property. 699
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8 2. CA LESO Program Review

Is the LEA?
Yes No N/A
☐ ☐ ☐ 1. Experiencing acquisition or disposal problems with DOD/DLA. ☐ ☐ ☐ 2. Reporting property transfers as required and providing the required documentation.
☐ ☐ ☐ 3. Transferring equipment in accordance with the SPO and is it consistent with the LESO regulations.
☐ ☐ ☐ 4. Maintaining Proper Inventory Controls.
☐ ☐ ☐ 5. In compliance with AB 481 (California only).

Enter your comments below:

LEA understands they must contact our office to coordinate a property transfer or turn-in. They are maintaining proper inventory controls.
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9 SPOC Use Only:

1. Observations
Enter your comments below:

2. Recommendations
Enter your comments below:

3. Action Items
Enter your comments below:

4. Inventory/Property Review
Enter your comments below:

Return any LESO property that is not being used, and have the screnners create accounts in RTD so they can search for and aquire equipment for their LEA. Also have all screeners attend our LESO Virtual Training.

Once their updated application is approved I will send guides on how to create the accounts needed for RTD so they can search for and requisitining property so their LEA can benefit from all that the Program has to offer. I will also send out the dates for our Virtual Training.

I want to thank Detective Coulter, Ms Pugh and the entire West Sac PD for their excellent job in preparing for this PCR. Their communication and cooperation leading up to and day of inspection were ideal. The West Sacramento Police Department demonstrated they are compliant with the LESO Program and requirements listed in the SPO.

West Sacramento PD maintains their LESO Property with the proper care and has multiple security features in place with only authorized personnel having access. ECR Cards were viewed that are required for their controlled property.
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CITY COUNCIL AGENDA REPORT
MEETING DATE: March 18, 2026 ITEM # 10
SUBJECT:

CONSIDERATION OF A LOAN AGREEMENT WITH THE CAPITAL

AREA REGIONAL TOLLING AUTHORITY FOR A LOAN FROM THE
MEASURE V FUND OF UP TO $14 MILLION FOR STARTUP OPERATIONS INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [ X ] Staff
[ ] Other
Aaron Laurel, City Manager
City Manager’s Office
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action

OBJECTIVE
The purpose of this report is to effectuate a loan from the City’s Measure V fund to the Capital Area Regional Tolling Authority (CARTA) to enable CARTA to fund startup operations and implement toll revenue service within the Interstate 80 corridor through Yolo County.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:

1. Authorize the City Manager, or designee, to execute a Loan Agreement with CARTA in a form approved by the City Attorney;

2. Authorize the City Manager, or designee, to make non-substantive changes or modifications to the Loan Agreement and its attachments with the approval of the City Attorney; and

3. Adopt Resolution 26-25, appropriating funds in FY 2025-26 from Measure V (Fund 109) unencumbered balance for the loan to CARTA.

BACKGROUND
The Capital Area Regional Tolling Authority (CARTA) was established in January 2024 as the authority to develop and operate toll roads in the Sacramento region. CARTA is a Joint Powers Authority (JPA) established between the Sacramento Area Council of Governments (SACOG), the Yolo Transportation District (YTD), and Caltrans. The CARTA board is currently comprised of five members, including two each appointed by SACOG and YTD and one appointed by Caltrans. The JPA was set up in conjunction with the construction of the Yolo 80 project, which is under construction through a partnership between Caltrans and YTD, and includes toll lanes traversing from Davis to West Sacramento at the Interstate 80/Highway 50 split (see Attachment 1 for additional background on CARTA and the Yolo 80 managed lanes project).

As subsequent toll facilities are developed on other highway segments throughout the greater Sacramento region, it is anticipated that the Sacramento Transportation Authority, Placer County Transportation Planning Agency, and El Dorado County Transportation Commission will join as voting members of the CARTA JPA.

These agencies currently have non-voting seats on the CARTA board. The overall goal of this regional approach to implementing managed lanes is to ensure operational efficiency and a seamless customer experience as the network of toll lanes expands across multiple counties.

CARTA’s primary purpose is to install, own, operate, and maintain the tolling equipment on regional projects like Yolo 80; however, CARTA does not plan, design, or construct the actual highway projects or their toll lanes.

These projects are planned and constructed by Caltrans in partnership with other regional transportation agencies like YTD. Additionally, CARTA’s role includes collecting toll revenue and performing customer service for toll lane customers.

Revenue from toll lanes is required by law to be used for costs related to operating and maintaining the toll system, and other related expenses including debt service. Revenue collected in excess of these costs must be used within the corridor where the revenue is generated and expended on transportation-related purposes such as transit, alternative transportation, and reinvestment into the transportation system.

CARTA anticipates beginning the collection of toll revenue in 2028 following the completion of the Yolo 80 project, with revenue fully ramping up in 2030. At that point, toll revenues are expected to fully fund CARTA’s long-term operations, debt service obligations, and will also provide substantial excess revenue for transportation investments within the corridor. To reach this milestone, in the meantime CARTA must incur significant startup costs such as hiring an Executive Director, consultants, developing and implementing the toll system, and 702
CARTA Loan Agreement
March 18, 2026

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West Sacramento City CouncilMarch 18, 2026

West Sacramento City Council
March 18, 2026