El Centro City Council
October 17, 2023

D. Narrative and Financial Reports

1. The Grantee shall be responsible for submission of interim and final narrative and financial reports on the progress and activities of the project, to the California State Library, using the sample report documents provided by the California State Library.

2. All the reports must be current, include all required sections and documents, and must be approved by the Grant Monitor before any payment request can be processed. Failure to comply with the specified reporting requirements may be considered a breach of this Agreement and result in the termination of the Agreement or rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding. Any problems or delays must be reported immediately to the Grant Monitor. The financial reports shall reflect the expenditures made by the Grantee under the Agreement and may be incorporated into the same reporting structure as the narrative reports.

3. The reports shall be submitted by the following dates:

Reporting Period Report Due Date
July – December 2023-2024 Mid-Year Report Due January 31, 2024 January – Project
End Date
2023-2024 Final Report Due September 30, 2024

4. Failure to submit timely reports with the appropriate documentation by the due date may result in rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding.

5. The Grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant, subject to possible audit for a minimum of five (5) years after final payment date or grant term end date, whichever is later. Please refer to Exhibit A, Terms and Conditions, for more information.

E. Claim Form and Payment

1. The California State Library shall provide the Grantee payment as outlined in the payment schedule only if all requirements for claiming the funds as outline in this document have been met, and only for those activities and costs specified in the approved award application.

2. The Grantee shall complete, sign, and submit Certification of Compliance form (Exhibit B) and the Financial Claim form (included in your award packet), to the DocuSign Envelope ID: 3E81941B-039D-40EE-BE6C-9D13E0EDFA05 In Process

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California State Library within 14 days of receiving this award packet. These forms will be issued, signed, and submitted using the online signature and agreement platform, DocuSign, unless DocuSign is unallowable or inconsistent with practices and policies of the local jurisdiction. If the use of DocuSign is not acceptable to your organization, please contact your grant monitor regarding alternate options.

3. Any of the sums appearing under the categories in the approved budget may be adjusted with prior authorization from the California State Library Grant Monitor. This would be to increase the allotment with the understanding that there will be corresponding decreases in the other allotments so that the total amount paid by the California State Library to the Grantee under this Agreement shall not exceed the awarded amount, which shall be expended/encumbered during the grant period.

4. If the payment amount made by the California State Library exceeds the actual expenses incurred during the term of this Agreement, as reflected in the financial reports to be filed by the Grantee, the Grantee shall immediately refund the excess payment amount to the California State Library.

5. The Award payments will only be made to the Grantee. It is the Grantee’s responsibility to pay all contractors and subcontractors for purchased goods and services.

6. The Final Payment of 10% will be withheld and retained by the California State Library until all conditions agreed upon in this Agreement, including submission and grant monitor approval of the interim and final narrative and financial reports, have been satisfied.

7. Prompt Payment Clause
The California State Library will make payments to the Grantee in accordance with the Prompt Payment Clause under Government Code, section 927, et. seq.

The Grantee may typically expect payment within 45 days from the date a grant payment request is properly submitted and approved by the Grant Monitor.

8. Budget Contingency Clause
a. It is mutually agreed that if the Budget Act of the current fiscal year or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall no longer be in full force and effect. In this event, the California State Library shall have no liability to pay any funds whatsoever to the Grantee or to furnish any other considerations under this Agreement and the Grantee shall not be obligated to perform any provisions of this Agreement.
b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Program, the California State Library shall have the option to DocuSign Envelope ID: 3E81941B-039D-40EE-BE6C-9D13E0EDFA05 In Process

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either cancel this Agreement with no liability occurring to itself or offer an Agreement amendment to the Grantee to reflect the reduced amount.

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EXHIBIT A: TERMS and CONDITIONS

1. Accessibility: The State is responsible for ensuring that public websites are accessible to both the general public and state employees, including persons with disabilities. Grantee shall assist the State in meeting its responsibility. Therefore, all project materials generated by state funded programs must meet the California Accessibility Standards. Additionally all project materials designed, developed, and maintained shall be in compliance with the California Government Code, sections 7405 and 11135, and the Web Content Accessibility Guidelines 2.0, or a subsequent version, as published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria.

However, if for some reason project material is not generated to be in compliance to meet these standards, please still submit it to the State Library. When submitting the material make sure to note that the material is not accessible by including “NOT ACCESSIBLE” in the file name.

The California State Library reserves the right to post project materials to its website that are in compliance with these standards.

2. Acknowledgment: The State of California and the California State Library shall be acknowledged in all promotional materials and publications related to the English as a Second Language Services program.
a. Grant award recipients must ensure that the State of California receives full credit as the source of funds and that the California State Library, likewise, is acknowledged as the administrator.
b. Publications and information releases about the project must credit the State of California. An appropriate statement for a publication or project press release is:
“This [publication/project] was supported in whole or in part by funding provided by the State of California, administered by the California State Library.”
Grantees must include the above statement in any publications, vehicle wraps, and promotional materials, including websites. If space is limited the State Library logo and the following shortened acknowledgement statement is acceptable:
“Funding provided by the State of California.”
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c. This credit line on products of a project, such as materials, is important to foster support from the public, and state funding sources. d. California State Library Logo: Use of the California State Library logo, which can be downloaded on the California State Library website, is required on any publication, vehicle wrap, or promotional material along with the above statement(s).
e. Photo Documentation: Digital photos are a great way to document the happenings of your project. It is recommended that you use a photo release form when taking photos of the public. You may use your library’s photo release form, or contact your grant monitor for the State Library’s form.

3. Agency: In the performance of this Agreement the Grantee and its agents and employees shall act in an independent capacity and not as officers, employees or agents of the California State Library. The Grantee is solely responsible for all activities supported by the grant. Nothing in this Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between the parties. The Grantee shall not represent itself as an agent of the California State Library for any purpose, and has no authority to bind the State Library in any manner whatsoever.

4. Amendment: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required.

No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph.

5. Applicable law: The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California.

6. Assignment, Successors, and Assigns: The Grantee may not assign this Agreement or delegate its performance to any third-party person or entity, either in whole or in part, without the California State Library’s prior written consent. The provisions of this Agreement shall be binding upon and inure to the benefit of the California State Library, the Grantee, and their respective successors and assigns.

7. Audit and Records Access: The Grantee agrees that the California State Library, the Department of General Services, the State Auditor, or their designated representatives shall have the right to review, audit, inspect and copy any records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after the final payment, or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until DocuSign Envelope ID: 3E81941B-039D-40EE-BE6C-9D13E0EDFA05 In Process

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completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement.

Examples of audit documentation may include, but not limited to, competitive bids, grant amendments, if any, relating to the budget or work plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/or cancelled checks.

8. Authorized Representative: Grantee and the California State Library mutually represent that their authorized representatives have the requisite legal authority to sign on their organization’s behalf.

9. Communication: All communications from either party, including an interim check-in at any time during the grant term, shall be directed to the respective grant manager or representative of the California State Library or Grantee. For this purpose, the following contact information is provided below:

El Centro Public Library
Carla Mason
1198 N. Imperial Avenue
El Centro, CA 92243
[email protected]
California State Library
Allyson Jeffredo
900 N Street
Sacramento, CA 95814
[email protected]
916-603-6709

1. Confidentiality: Grantee will maintain as confidential any material it receives or produces that is marked Confidential or is inherently confidential or is protected by privilege. Grantee agrees to alert the State Library to this status in advance, and State Library agrees to maintain this status in conformity with the Public Records Act.

2. Contractor and Subcontractors: Nothing contained in this Grant Agreement or otherwise shall create any contractual relation between the State and any contractor or subcontractors, and no contract or subcontract shall relieve the Grantee of his or her responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the State for the acts and omissions of its contractors, subcontractors, volunteers, student interns and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee’s obligation to pay its DocuSign Envelope ID: 3E81941B-039D-40EE-BE6C-9D13E0EDFA05 In Process

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contractors and subcontractors is an independent obligation from the State’s obligation to make payments to the Grantee. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any contractor or subcontractor.

3. Copyright: Grantee owns and retains titles to any copyrights or copyrightable material from any original works that it creates within the scope of this Agreement in accordance with the federal Copyright Act. (17 U.S.C. 101, et seq.) Grantee is responsible for obtaining any necessary licenses, permissions, releases or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to the California State Library pursuant to this section. Also, the California State Library may upload, post or transmit copyrighted material produced or purchased with grant funds on a California State Library website for public access and viewing.

4. Discharge of Grant Obligations: The Grantee's obligations under this Agreement shall be deemed discharged only upon acceptance of the final report by California State Library. If the Grantee is a non-profit entity, the Grantee’s Board of Directors shall accept and certify as accurate the final report prior to its submission to California State Library.

5. Dispute Resolution: In the event of a dispute, Grantee will discuss the problem informally with the Grant Monitor. If unresolved, the Grantee shall file a written “Notice of Dispute” with the State Library Grant Monitor within ten (10) days of discovery of the problem. Within ten (10) days of receipt, the Grant Monitor shall meet with the Grantee for purposes of resolving the dispute. Any dispute arising under the terms of this Agreement which is not disposed of within a reasonable period of time, the Grantee may bring it to the attention of the State Librarian or the designated representative. The decision of the State Librarian or designated representative shall be final. Unless otherwise instructed by the Grant Monitor, the Grantee shall continue with its responsibilities under this Agreement during any dispute.

6. Drug-free Workplace: The Grantee certifies under penalty of perjury under the laws of California, that the Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. 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 all of the following:
1) The dangers of drug abuse in the workplace.

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2) The Grantee’s policy of maintaining a drug-free workplace; 3) Any available counseling, rehabilitation and employee assistance programs.
4) Penalties that may be imposed upon employees for drug abuse violations.
c. Require that every employee who works on the Agreement will:
1) Receive a copy of the Grantee’s drug-free workplace policy statement.
2) Agrees to abide by the terms of the Grantee’s statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future state agreements if the California State Library determines that the grantee has made a false certification or violated the certification by failing to carry out the requirements as noted above.

7. Effectiveness of Agreement: This Agreement is of no force or effect until signed by both parties.

8. Entire Agreement: This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties.

9. Exclusive Agreement: This is the entire Agreement between the California State Library and Grantee.

10. Executive Order N-6-22-Russia Sanctions: The Grantee shall comply with Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate grant agreements with, and to refrain from entering any new grant agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Grantee advance written notice of such termination, allowing Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

11. Extension: The State Librarian or designee may extend the final deadline for good cause. The Grantee’s request for an extension of the grant period must be made in writing and received by the California State Library at least 30 days prior to the final deadline.

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12. Failure to Perform: The grant being utilized by the Grantee is to benefit the English as a Second Language Services. If the Grant Monitor determines the Grantee has not complied with this Agreement, the Grantee may forfeit the right to reimbursement of any grant funds not already paid by the California State Library, including, but not limited to, the ten percent (10%) withhold.

13. Federal and State Taxes: The State Library shall not:
a. Withhold Federal Insurance Contributions Act (FICA) payments from Grantee’s payments or make FICA payments on the Grantee’s behalf; or
b. Make Federal or State unemployment insurance contributions on Grantee’s behalf; or
c. Withhold Federal or State income taxes from Grantee’s payments Grantee shall pay all taxes required on payments made under this Agreement including applicable income taxes and FICA.

14. Force Majeure: Neither the California State Library nor the Grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by the California State Library or the Grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party.

15. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If grant funds are not expended, or have not been expended, in accordance with this Agreement, the State Librarian or designee, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the ten percent (10%) withhold, and/or to repay to the California State Library any funds improperly expended.

16. Fringe Benefit Ineligibility: Grantee agrees that neither the Grantee nor its employees and contract personnel are eligible to participate in any employee pension, health benefit, vacation pay, sick pay or other fringe benefit plan of the State of California or the State Library.

17. Generally Accepted Accounting Principles: The Grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures.

18. Grant Monitor: The Grant Monitor’s responsibilities include monitoring grant progress, and reviewing and approving Grant Payment Requests and other documents delivered to the California State Library pursuant to this Agreement.

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The Grant Monitor may monitor Grantee performance to ensure Grantee expends grant funds appropriately and in a manner consistent with the terms and conditions contained herein. The Grant Monitor does not have the authority to approve any deviation from or revision to the Terms and Conditions (Exhibit A) or the Procedures and Requirements unless such authority is expressly stated in the Procedures and Requirements.

19. Grantee: the government or legal entity to which a grant is awarded and which is accountable to the California State Library for the use of the funds provided. a. The grantee will make reports to the State Librarian in such form and containing such information as may be required to ensure the proper used of funds consistent with the grantee’s application and award agreement. The grantee will keep such records and afford such access as the California State Library may find necessary to assure the correctness and verification of such reports.

20. Grantee Accountability: The Grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the Grantee has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owed to the California State Library, the Grantee is responsible for repayment of the funds to the California State Library.

21. Grantee Funds: It is mutually agreed that the Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete the project.

22. Independent Action: Grantee reserves the right to fulfill its obligations under this Agreement in an independent manner, at any location and at any time within the agreed-upon timeline. Grantee’s employees or contract personnel shall perform all services required by this Agreement, but their time need not be devoted solely to fulfilling obligations under this Agreement. Grantee shall furnish all equipment and materials used to meet its obligations, and complete the Project. The State Library shall not provide any personnel or other resources beyond the grant award, and is not required to provide training in connection with this Agreement.

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

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24. License to Use: The California State Library reserves a fully paid-up, royalty-free, nonexclusive, sub-licensable and irrevocable license to reproduce, publish, prepare derivative works, distribute or otherwise use, and to authorize third parties to use, any material received or maintained by Grantee in connection with this Agreement. This includes intellectual property, with or without thirdparty rights. All such usages will be for public library and State governmental purposes:
a. The copyright in any work developed under this grant, sub-grant, or contract under this grant or sub-grant; and
b. Any rights of copyright to which a Grantee, sub-grantee, or a contractor purchases ownership with grant support.

25. Limitation of Expenditure: Expenditure for all projects must conform to the grantee’s approved budget and with applicable State laws and regulations. The total amount paid by the California State Library to the Grantee under this agreement shall not exceed $32,948 and shall be expended/encumbered in the designated award period.

During the award period, the grantee may find that the awarded budget may need to be modified. Budget changes, requests for additional funds, or requests for reductions in award funding must be discussed with the assigned State Library Grant Monitor and a Grant Award Modification may be required to be submitted according to the instructions. Approval is by the State Librarian or their designee. Adjustments should be reported on the next financial report. Any adjustments in approved budgets must be documented and documentation retained in project accounts.

26. Lobbying: Grantee confirms that the grant funds will not be used for the purposes of lobbying or otherwise attempting to influence legislation, as those purposes are defined by the U.S. Internal Revenue Code of 1986.

27. Non-Discrimination Clause: During this grant period, the Grantee and the Grantee’s contractors, and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. Grantee shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment.

Additionally, Grantee, contractors, and subcontractors, if applicable, shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, DocuSign Envelope ID: 3E81941B-039D-40EE-BE6C-9D13E0EDFA05 In Process

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§11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5), and the regulations or standards adopted by the California State Library to implement such article.

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

28. Notices: All notices and other communications in connection with this Agreement shall be in writing, and shall be considered delivered as follows:
a. Electronic Mail (E-mail): When sent by e-mail to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
b. DocuSign (e-signature platform): When sent via DocuSign a notification will be sent to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
c. Grants Management System: When sent via / uploaded to the California State Library’s Grants Management System a notification will be sent to the last e-mail address of the recipient known to the party giving notice.

Notice is effective upon transmission.
d. Personally: When delivered personally to the recipient’s physical address as stated in this Agreement.
e. U.S. Mail: Five days after being deposited in the U.S. Mail, postage prepaid, and addressed to recipient’s address as stated in this Agreement.

29. Order of Precedence: The performance of this Agreement shall be conducted in accordance with the Terms and Conditions, Procedures and Requirements, Certificate of Compliance, Project Summary, Activities Timeline, and Budget, of this Agreement, or other combination of exhibits specified on the Grant Agreement Coversheet attached hereto (collectively referred to as “Terms”).

Grantee’s California State Library-approved Application (Grantee’s Application) is hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications or DocuSign Envelope ID: 3E81941B-039D-40EE-BE6C-9D13E0EDFA05 In Process

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provisions that constitute this Agreement, the following order of precedence shall apply:
a. Grant Agreement Coversheet and any Amendments thereto b. Terms and Conditions
c. Procedures and Requirements
d. Certificate of Compliance
e. Project Summary
f. Grantee’s Application (including Budget and Activities Timeline) g. All other attachments hereto, including any that are incorporated by reference.

30. Payment:
a. The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs for each of the tasks identified in the Project Summary and Activity Timeline included in the project application. California State Library shall provide funding to the Grantee for only the work and tasks specified in the Grantee’s Application at only those costs specified in the Budget and incurred in the term of the Agreement.
b. The Grantee shall carry out the work described in the Work Plan or in the Grantee’s Application in accordance with the approved Budget and shall obtain the Grant Monitor’s written approval of any changes or modifications to the Work Plan, approved project as described in the Grantee’s Application, or the approved Budget prior to performing the changed work or incurring the changed cost. If the Grantee fails to obtain such prior written approval, the State Librarian or designee, at his or her sole discretion, may refuse to provide funds to pay for such work or costs. c. The Grantee shall request funds in accordance with the funding schedule included in this agreement.
d. Ten percent (10%) will be withheld from the Payment Request (if applicable) and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the grantee to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld.
e. Lodgings, Meals and Incidentals: Grantee’s eligible costs are limited to the amounts authorized in the California State Administrative Manual (see Exhibit C or contact the Grant Monitor for more information). f. Payment will be made only to the Grantee.

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g. Reimbursable expenses shall not be incurred unless and until the grantee receives a Notice to Proceed as described in the Procedures and Requirements.

31. Personal Jurisdiction: The Grantee consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.

Native American Tribal grantees expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.

32. Personnel Costs: Any personnel expenditures to be paid for with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for their regular job duties, including a proportionate share of any benefits to which the employee is entitled.

33. Pledge: This Agreement shall not be interpreted to create any pledge or any commitment by the State Library to make any other or further grants or contributions to Grantee, or any other person or entity in connection with the Project. It is mutually agreed that Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete outcomes or deliverables.

34. Privacy Protection: Both parties agree to protect the confidentiality of any nonpublic, personal information that may be contained in materials received or produced in connection with this Agreement, as required by Civil Code, section 1798, et. seq.

35. Prohibited Use: The expenditure under this program shall not be used to supplant Grantee efforts in other grant programs provided by the California State Library.

36. Public Records Act: Material maintained or used by the California State Library is considered “public record” under the Public Records Act (PRA) at Government Code, sections 6250, et. seq. This includes the Interim and Final reports, and any other written communications between the parties. Grantee agrees to ensure that all content contained in its written reports are appropriate for publication.

Said material, along with all other reports, documentation and data collected during the term of the Agreement, will be subject to disclosure unless it qualifies for exemption under the PRA in whole or in part. Grantee agrees to alert the State Library as to a basis for exemption, if any exists.

37. Publicity Obligations: Grantee will notify the State Library of any promotional materials or publications resulting from the grant no later than five (5) days in DocuSign Envelope ID: 3E81941B-039D-40EE-BE6C-9D13E0EDFA05 In Process

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advance of distribution, whether they are print, film, electronic, or in any other format or medium. Copies of all promotional materials will be provided to the State Library. Grantee will acknowledge the State Library’s support as noted above. Grantee agrees that the State Library may include information about this grant and its outcomes in its own annual reports, with specific reference to Grantee, and may distribute such information to third parties.

38. Records: Communications, grant related documents, data, original receipts, and invoices must be maintained by Grantee and shall be made available to the State Library upon request. Grantee agrees to maintain adequate grant program records and adequate financial records consistent with generally accepted accounting practices, and to retain all records for at least five (5) years after the end-of-term. The State Library may monitor or conduct an onsite evaluation of Grantee’s operation to ensure compliance with this Agreement, with reasonable advance notice.

39. Reduction of Waste: In the performance of this Agreement, Grantee shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to: the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate.

40. Reimbursement Limitations: Under no circumstances shall the Grantee seek reimbursement pursuant to this Agreement for a cost or activity that has been or will be paid for through another funding source. The Grantee shall not seek reimbursement for any costs used to meet cost sharing or matching requirements of any other California State Library funded program.

41. Reports and Claims: It is the responsibility of the grantee make the required reports and claims to the California State Library.
a. The grantee shall be responsible for submitting to the State Library Narrative Reports detailing progress and activities. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
b. The grantee shall be responsible for submitting to the State Library Financial Reports reflecting grantee expenditure activity. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
c. To obtain payment hereunder the grantee shall submit authorized claims provided by the State Library for that purpose, on each of the following mentioned dates for payment, and the California State Library agrees to DocuSign Envelope ID: 3E81941B-039D-40EE-BE6C-9D13E0EDFA05 In Process

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reimburse the Library as soon thereafter as State fiscal procedures will permit.
d. The final 10% of the grant award (if applicable) is payable only upon approval of all final reports and receipt of claim form. Failure to provide timely reports is a serious breach of an award recipient’s administrative duty under the award.
e. Payment will be provided to cover the expenditures incurred by the grantee for the project in the following manner:
o $32,948 upon execution of the agreement and submission of claim by the grantee organization.

42. Self-Dealing and Arm’s Length Transactions: All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm’slength transactions and not the result of, or motivated by, self-dealing on the part of the Grantee or any employee or agent of the Grantee. For purposes of this provision, “arm’s-length transactions” are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendors are invited to compete for an entity’s business and the entity chooses the lowest of the resulting bids. “Self-dealing” is involved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all grant monies are to be expended.

43. Severability: If any part of this Agreement is found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement, but the remainder of the provisions in the Agreement will remain in full force and effect.

44. Site Visits: The Grantee shall allow the California State Library to access and conduct site visits, with reasonable notice, at which grant funds are expended and related work being performed at any time during the performance of the work and for up to ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved. A site visit may include, but not be limited to, monitoring the use of grant funds, provide technical assistance when needed, and to visit the State funded project.

45. Termination: The Agreement shall be subject to termination by the State Librarian or designee upon notice to the Grantee at least thirty (30) days prior to the effective date of termination. In the event this agreement is terminated, the Grantee shall deliver to the State Librarian copies of all reports, accounting, data, and materials prepared up to the date of termination. The State Librarian shall determine and pay the Grantee for necessary and appropriate DocuSign Envelope ID: 3E81941B-039D-40EE-BE6C-9D13E0EDFA05 In Process

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expenditures and obligations up to the date of termination which have not been covered by prior installments previously paid to the Grantee. Upon such termination, the unused portion of the grant award must be returned to the California State Library within 45 days. If funding has been advanced to the Grantee, any unobligated balances, as determined by the State Librarian, shall be returned to the State Library within 45 days of the notice of termination.

46. Timeline: Time is of the essence to this Agreement. It is mutually agreed between the parties that the grant application and the timeline included therein are part of the Agreement.

47. Unused Funds: At the end-of-term Grantee agrees to return any unexpended or unaccounted for funds to the State Library, or to submit a written request for an extension of the grant period. Funds will be considered unexpended or unaccounted if they were: (1) not used for their intended purpose, or (2) used inconsistent with the terms of this Agreement.

Funds will also be considered unaccounted for, and must be returned, if the proposal outcomes or deliverables are materially incomplete by the end-of-term or earlier termination, as determined by the State Library in its sole discretion.

48. Waiver of Rights: California State Library shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by California State Library. No delay or omission on the part of California State Library in exercising any rights shall operate as a waiver of such right or any other right. A waiver by California State Library of a provision of this Agreement shall not prejudice or constitute a waiver of California State Library’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by California State Library, nor any course of dealing between California State Library and Grantee, shall constitute a waiver of any of California State Library’s rights or of any of grantee’s obligations as to any future transactions. Whenever the consent of California State Library is required under this Agreement, the granting of such consent by California State Library in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of California State Library.

49. Work Products: Grantee shall provide California State Library with copies of all final products identified in the Work Plan and Application. Grantee shall also provide the State Library with copies of all public education and advertising material produced pursuant to this Agreement.

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50. Worker’s Compensation: The State of California will not provide Workers’ Compensation insurance for Grantee or Grantee’s employees or contract personnel. If Grantee hires employees to perform services required by this Agreement, Grantee shall provide Workers’ Compensation insurance for them.

The Grantee is aware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the Labor Code, and the Grantee agrees to comply with such provisions before commencing the performance of the work of this Agreement.

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EXHIBIT B: CERTIFICATION of COMPLIANCE FORM

1. AUTHORIZED REPRESENTATIVE: I certify that the authorized representative named below is the legally designated representative of the Grantee for this Grant Agreement and project and is authorized to receive and expend funds in order to administer this grant program.

2. I certify that all information provided to the California State Library for review in association with this award is correct and complete to the best of my knowledge, and as the authorized representative of the Grantee, I commit to the conditions of this award, and I have the legal authority to do so.

3. I certify that any or all other participants or contractors in the grant program have agreed to the terms of the application/grant award and have entered into an agreement(s) concerning the final disposition of equipment, facilities, and materials purchased for this program from the funds awarded for the activities and services described in the attached, as approved and/or as amended in the application by the California State Librarian.

4. The authorized representative, on behalf of the Grantee, certifies that the Grantee will comply with all applicable requirements of State and Federal laws, regulations, and policies governing this program, to include the requirements listed below in this Certification of Compliance Form.

5. The authorized representative, on behalf of the Grantee, hereby certifies to the California State Library, for an award of funds in the amount $32,948. This award will provide library services as set forth in the Project Application as approved and/or as amended by the California State Librarian.

6. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with the non-discrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102).

7. DRUG-FREE WORKPLACE REQUIREMENTS: Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drugfree 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:

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1) the dangers of drug abuse in the workplace;
2) the person's or 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 who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Grantee has made false certification or violated the certification by failing to carry out the requirements as noted above. (Gov. Code § 8350 et. seq.)

8. CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, the California State Library must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code § 10410):
a. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
b. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code § 10411):
a. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. b. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

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If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (Pub. Contract Code § 10420).

Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub.

Contract Code § 10430 (e)).

9. LABOR CODE/WORKERS' COMPENSATION: Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code § 3700).

10. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et. seq.)

11. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

12. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all Grantees that are not another state agency or other governmental entity.

13. DRUG FREE WORKPLACE:
a. Continue to provide a drug-free workplace by complying with the requirements in 2 C.F.R. part 3186 (Requirements for Drug-Free Workplace (Financial Assistance)). In particular, the recipient must comply with drugfree workplace requirements in subpart B of 2 C.F.R. part 3186, which adopts the Government-wide implementation (2 C.F.R. part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988 (P. L. 100-690, Title V, Subtitle D; 41 U.S.C. §§ 701-707).
b. This includes but is not limited to: making a good faith effort, on a continuing basis, to maintain a drug-free workplace; publishing a drugfree workplace statement; establishing a drug-free awareness program for the employees; taking actions concerning employees who are convicted of violating drug statutes in the workplace.

14. ACCESSIBILITY: The organization receiving this award, as listed in the certification section below, and all program staff, will ensure all project materials will meet California accessibility standards.

15. NON-DISCRIMINATION: The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with all California non-discrimination laws.

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16. ACKNOWLEDGEMENT: The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with California State Library acknowledgement requirements.

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EXHIBIT C: California Library Literacy Services Program Guidelines

1. California Library Literacy Services programs shall comply with the requirements in Sections 18880-18883 of the California Education Code.

2. California Library Literacy Services programs shall train and recruit volunteers to serve as tutors. Volunteer tutors are the primary instructors for the program.

3. California Library Literacy Services programs shall seek local government and community resources and develop cooperative relations with other local literacy services providers.

4. California Library Literacy Services programs will provide a base level of local and private fiscal support to be established by the California State Library.

5. In response to an expressed and recognized need from the field for specific program requirements, the California State Library and related stakeholders created a framework and program essentials. The framework and essentials describe what constitutes an effective program:
a. California Library Literacy Services programs must use the Roles and Goals framework to implement and evaluate their literacy services. b. California Library Literacy Services programs’ staff must attend their regional Library Literacy Network Meetings.
c. Tutor training for volunteers should include, at a minimum, a program orientation, tutoring basics, and instruction on learner-driven services. d. California Library Literacy Services programs must align with the following program essentials:
i. California Library Literacy Services are library based; ii. California Library Literacy Services are a core library service; iii. California Library Literacy Services are learner-driven; iv. California Library Literacy Services are community-focused; v. California Library Literacy Services are volunteer-supported; vi. California Library Literacy Services staff are professionally engaged; and
vii. California Library Literacy Services support families.

6. California Library Literacy Services Family Literacy programs (if applicable) shall provide services to prevent illiteracy through coordinated literacy and preliteracy services to families. Recruitment of parents not previously included in DocuSign Envelope ID: 3E81941B-039D-40EE-BE6C-9D13E0EDFA05 In Process

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public library literacy programs is a high priority. Family Literacy Programs are implemented and evaluated using the Family Literacy Evaluation Framework.

Certification

ORGANIZATION
Name: Address (official and complete):

PROJECT COORDINATOR
Name:

Email: Phone:

GRANTTEE AUTHORIZED REPRESENTATIVE
Name: Title:

Email: Phone:

Signature: Date:

DocuSign Envelope ID: 3E81941B-039D-40EE-BE6C-9D13E0EDFA05 Cedric Cesena
[email protected]
City Manager
In Process

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Authorized Representative Signature

ORGANIZATION
Name: Address (official and complete):

AUTHROIZED REPRESENTATIVE
Signature: Date:

Printed Name of Person Signing: Title:

STATE OF CALIFORNIA
Agency Name: California State Library Address: 900 N Street, Sacramento, CA 95814 Signature: Date:

Printed Name of Person Signing: Title: California State Librarian DocuSign Envelope ID: 3E81941B-039D-40EE-BE6C-9D13E0EDFA05 9/13/2023
Greg Lucas
City Manager Cedric Cesena In Process

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EXHIBIT D: STATE REIMBURSABLE TRAVEL EXPENSES
Rates are subject to change per State of California, Department of Human Resources Please Check State of California, Department of Human Resources Website for updated expenses:
http://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx Mileage:

Rate subject to change
$0.56 per mile – approved business/travel expense
Meals:

Receipts are required
$7.00 – Breakfast
$11.00 – Lunch
$23.00 – Dinner
$5.00 - Incidentals
Meals Note: Lunch can only be claimed if travel is more than 24 hours. Incidental charge may be claimed once for every 24-hour period and should cover incidental expenses, such as but not limited to, tip, baggage handling, etc.

Hotel:

Receipts are required
and MUST have a zero
balance.
$ 90.00 plus tax for all counties/cities not listed below $ 95.00 plus tax for Napa, Riverside, and Sacramento
Counties
$ 110.00 plus tax for Marin County
$ 120.00 plus tax for Los Angeles, Orange, and Ventura
Counties, and Edwards AFB. Excluding the city of Santa
Monica
$ 125.00 plus tax for Monterey and San Diego Counties
$ 140.00 plus tax for Alameda, San Mateo and Santa
Clara Counties
$ 150.00 plus tax for the City of Santa Monica
$ 250.00 plus tax for San Francisco County
Out of State: Prior authorization must be obtained, as well as three print-out hotel quotes. Actual receipt must be included with authorization and additional quotes.

Hotel Note: If the above approved reimbursable hotel rates cannot be secured, please contact your grant monitor to obtain an excess lodging form. This form must be approved prior to actual travel.

AIRLINE TICKETS:

Itinerary and receipts are
required
Actual reasonable fees pertaining to airline travel will be reimbursed. Business, First Class, or Early Bird Check-in fee is not an approved reimbursable expense.

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RE: Contractor and Grantee Compliance with Economic Sanctions Imposed in Response to Russia’s Actions in Ukraine
Dear Grantee,
You are receiving this notification because you currently have an active grant through the California State Library.

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf.

The EO directs all agencies and departments that are subject to the Governor’s authority to take certain immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law.

This correspondence serves as a notice under the EO that as a contractor or grantee, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-countryinformation/ukraine-russia-related-sanctions). Failure to comply may result in the termination of contracts or grants, as applicable.

Please note that for any agreements or grants valued at $5 million or more, a separate notification will be sent outlining additional requirements specified under the EO.

Annly Roman
California State Library
900 N Street
Sacramento, CA 95814
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California Library Literacy and English Acquisition Services

FINANCIAL CLAIM

PAYMENT IN FULL

CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that this claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein.

By
(Signature of the Authorized Representative)
(Print Name) (Title)
*Legal payee name must match the payee’s federal tax return. Warrant will be made payable to payee name. Payee discrepancies in name and/or address may cause delay in payment. If you need to change payee name and/or address, please contact Fiscal Services at [email protected].

State of California, State Library Fiscal Office
ENY: 2021 ITEM NO: 6120-2131-0001, Chapter 240, Statutes of 2021 PURCHASING AUTHORITY NUMBER: CSL-6120 REPORTING STRUCTURE: 61202000 COA: 5432000 PROGRAM #: 5312
By Date
(State Library Representative)
Grant Award #: ESL21-3-62 Date:

Invoice #: ESL21-3-62-01 PO #:

Payee Name: City of El Centro
(Legal name of authorized agency to receive, disburse and account for funds*) Complete Address:

Street Address, City, State, Zip Code (Warrant will be mailed to this address) Amount Claimed: $32,948 Type of Payment:
(Payable Upon Execution of Agreement) ☐ PROGRESS
Grantee Name: El Centro Public Library ☐ FINAL
(Name on Award Letter and Agreement) ☒ IN FULL
Project Title: English as a Second Language ☐ AUGMENT
For Period From: upon execution to end of grant period
DocuSign Envelope ID: 3E81941B-039D-40EE-BE6C-9D13E0EDFA05 Cedric Cesena City Manager
In Process

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PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)
Section 1 – Payee Information
NAME (This is required. Do not leave this line blank. Must match the payee’s federal tax return) BUSINESS NAME, DBA NAME or DISREGARDED SINGLE MEMBER LLC NAME (If different from above) MAILING ADDRESS (number, street, apt. or suite no.) (See instructions on Page 2)

CITY, STATE, ZIP CODE E-MAIL ADDRESS
Section 2 – Entity Type
Check one (1) box only that matches the entity type of the Payee listed in Section 1 above. (See instructions on page 2) ☐ SOLE PROPRIETOR / INDIVIDUAL CORPORATION (see instructions on page 2) ☐ ☐ MEDICAL (e.g., dentistry, chiropractic, etc.) SINGLE MEMBER LLC Disregarded Entity owned by an individual ☐ PARTNERSHIP
☐ ESTATE OR TRUST
☐ LEGAL (e.g., attorney services)
☐ EXEMPT (e.g., nonprofit)
☐ ALL OTHERS
Section 3 – Tax Identification Number
Enter your Tax Identification Number (TIN) in the appropriate box. The TIN must match the name given in Section 1 of this form. Do not provide more than one (1) TIN.

The TIN is a 9-digit number. Note: Payment will not be processed without a TIN. •
•
•
•
•
•
For Individuals, enter SSN.

If you are a Resident Alien, and you do not have and are not eligible to get an SSN, enter your ITIN.

Grantor Trusts (such as a Revocable Living Trust while the grantors are alive) may not have a separate FEIN. Those trusts must enter the individual grantor’s SSN.

For Sole Proprietor or Single Member LLC (disregarded entity), in which the sole member is an individual, enter SSN (ITIN if applicable) or FEIN (FTB prefers SSN).

For Single Member LLC (disregarded entity), in which the sole member is a business entity, enter the owner entity’s FEIN. Do not use the disregarded entity’s FEIN.

For all other entities including LLC that is taxed as a corporation or partnership, estates/trusts (with FEINs), enter the entity’s FEIN.

Social Security Number (SSN) or
Individual Tax Identification Number (ITIN)
___ ___ ___ -___ ___ - ___ ___ ___ ___
OR
Federal Employer Identification Number
(FEIN)
___ ___ - ___ ___ ___ ___ ___ ___ ___
Section 4 – Payee Residency Status (See instructions)

☐ CALIFORNIA RESIDENT – Qualified to do business in California or maintains a permanent place of business in California. ☐ CALIFORNIA NONRESIDENT – Payments to nonresidents for services may be subject to state income tax withholding. ☐No services performed in California
☐Copy of Franchise Tax Board waiver of state withholding is attached.

Section 5 – Certification
I hereby certify under penalty of perjury that the information provided on this document is true and correct.

Should my residency status change, I will promptly notify the state agency below.

NAME OF AUTHORIZED PAYEE REPRESENTATIVE TITLE E-MAIL ADDRESS SIGNATURE DATE TELEPHONE (include area code)
Section 6 – Paying State Agency
Please return completed form to:

STATE AGENCY/DEPARTMENT OFFICE UNIT/SECTION
MAILING ADDRESS FAX TELEPHONE (include area code)

CITY STATE ZIP CODE E-MAIL ADDRESS
Print Form Reset Form
DocuSign Envelope ID: 3E81941B-039D-40EE-BE6C-9D13E0EDFA05 Sacramento 95814 [email protected]
Admin/Accounting
916-603-7157
CA
900 N Street
Ca. State Library
In Process

12.a
Packet Pg. 362 Attachment: ESL21-3-62_City_of_El_Centro__ESL_Services_Gr (6136 : Approval of ESL Grant)

STATE OF CALIFORNIA – DEPARTMENT OF FINANCE

PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)

GENERAL INSTRUCTIONS
Type or print the information on the Payee Data Record, STD 204 form. Sign, date, and return to the state agency/department office address shown in Section 6.

Prompt return of this fully completed form will prevent delays when processing payments.

Information provided in this form will be used by California state agencies/departments to prepare Information Returns (Form1099).

NOTE: Completion of this form is optional for Government entities, i.e. federal, state, local, and special districts.

A completed Payee Data Record, STD 204 form, is required for all payees (non-governmental entities or individuals) entering into a transaction that may lead to a payment from the state. Each state agency requires a completed, signed, and dated STD 204 on file; therefore, it is possible for you to receive this form from multiple state agencies with which you do business.

Payees who do not wish to complete the STD 204 may elect not to do business with the state. If the payee does not complete the STD 204 and the required payee data is not otherwise provided, payment may be reduced for federal and state backup withholding. Amounts reported on Information Returns (Form 1099) are in accordance with the Internal Revenue Code (IRC) and the California Revenue and Taxation Code (R&TC).

Section 1 – Payee Information
Name – Enter the name that appears on the payee's federal tax return. The name provided shall be the tax liable party and is subject to IRS TIN matching (when applicable).
• Sole Proprietor/Individual/Revocable Trusts – enter the name shown on your federal tax return. • Single Member Limited Liability Companies (LLCs) that is disregarded as an entity separate from its owner for federal tax purposes - enter the name of the individual or business entity that is tax liable for the business in section 1. Enter the DBA, LLC name, trade, or fictitious name under Business Name. • Note: for the State of California tax purposes, a Single Member LLC is not disregarded from its owner, even if they may be disregarded at the Federal level. • Partnerships, Estates/Trusts, or Corporations – enter the entity name as shown on the entity’s federal tax return. The name provided in Section 1 must match to the TIN provided in section 3. Enter any DBA, trade, or fictitious business names under Business Name.

Business Name – Enter the business name, DBA name, trade or fictitious name, or disregarded LLC name.

Mailing Address – The mailing address is the address where the payee will receive information returns. Use form STD 205, Payee Data Record Supplement to provide a remittance address if different from the mailing address for information returns, or make subsequent changes to the remittance address.

Section 2 – Entity Type
If the Payee in Section 1 is a(n)… THEN Select the Box for… Individual ● Sole Proprietorship ● Grantor (Revocable Living) Trust disregarded for federal tax purposes Sole Proprietor/Individual Limited Liability Company (LLC) owned by an individual and is disregarded for federal tax purposes Single Member LLC-owned by an individual Partnerships ● Limited Liability Partnerships (LLP) ● and, LLC treated as a Partnership Partnerships Estate ● Trust (other than disregarded Grantor Trust) Estate or Trust Corporation that is medical in nature (e.g., medical and healthcare services, physician care, nursery care, dentistry, etc. ● LLC that is to be taxed like a Corporation and is medical in nature Corporation-Medical
Corporation that is legal in nature (e.g., services of attorneys, arbitrators, notary publics involving legal or law related matters, etc.) ● LLC that is to be taxed like a Corporation and is legal in nature Corporation-Legal
Corporation that qualifies for an Exempt status, including 501(c) 3 and domestic non-profit corporations. Corporation-Exempt Corporation that does not meet the qualifications of any of the other corporation types listed above ● LLC that is to be taxed as a Corporation and does not meet any of the other corporation types listed above Corporation-All Other
Section 3 – Tax Identification Number
The State of California requires that all parties entering into business transactions that may lead to payment(s) from the state provide their Taxpayer Identification Number (TIN). The TIN is required by R&TC sections 18646 and 18661 to facilitate tax compliance enforcement activities and preparation of Form 1099 and other information returns as required by the IRC section 6109(a) and R&TC section 18662 and its regulations.

Section 4 – Payee Residency Status
Are you a California resident or nonresident?
• A corporation will be defined as a "resident" if it has a permanent place of business in California or is qualified through the Secretary of State to do business in California.
• A partnership is considered a resident partnership if it has a permanent place of business in California. • An estate is a resident if the decedent was a California resident at time of death. • A trust is a resident if at least one trustee is a California resident. o For individuals and sole proprietors, the term "resident" includes every individual who is in California for other than a temporary or transitory purpose and any individual domiciled in California who is absent for a temporary or transitory purpose. Generally, an individual who comes to California for a purpose that will extend over a long or indefinite period will be considered a resident. However, an individual who comes to perform a particular contract of short duration will be considered a nonresident.

For information on Nonresident Withholding, contact the Franchise Tax Board at the numbers listed below:

Withholding Services and Compliance Section: 1-888-792-4900 E-mail address: [email protected] For hearing impaired with TDD, call: 1-800-822-6268 Website: www.ftb.ca.gov Section 5 – Certification
Provide the name, title, email address, signature, and telephone number of individual completing this form and date completed. In the event that a SSN or ITIN is provided, the individual identified as the tax liable party must certify the form. Note: the signee may differ from the tax liable party in this situation if the signee can provide a power of attorney documented for the individual.

Section 6 – Paying State Agency
This section must be completed by the state agency/department requesting the STD 204.

Privacy Statement
Section 7(b) of the Privacy Act of 1974 (Public Law 93-579) requires that any federal, state, or local governmental agency, which requests an individual to disclose their social security account number, shall inform that individual whether that disclosure is mandatory or voluntary, by which statutory or other authority such number is solicited, and what uses will be made of it. It is mandatory to furnish the information requested. Federal law requires that payment for which the requested information is not provided is subject to federal backup withholding and state law imposes noncompliance penalties of up to $20,000. You have the right to access records containing your personal information, such as your SSN. To exercise that right, please contact the business services unit or the accounts payable unit of the state agency(ies) with which you transact that business.

All questions should be referred to the requesting state agency listed on the bottom front of this form.

DocuSign Envelope ID: 3E81941B-039D-40EE-BE6C-9D13E0EDFA05 In Process

12.a
Packet Pg. 363 Attachment: ESL21-3-62_City_of_El_Centro__ESL_Services_Gr (6136 : Approval of ESL Grant) 09/2023/cdz/A23-0187/Reso/GrantAgrmyAdultLiteracy&ESLProg RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO APPROVING A GRANT AGREEMENT FROM THE

CALIFORNIA STATE LIBRARY FOR ADULT LITERACY AND

ENGLISH AS A SECOND LANGUAGE SERVICES
WHEREAS, the City of El Centro’s Library Department submitted an application to the California State Library for grant of funds for Adult Literacy and English as a Second Language Programs and has received a total of $65,895 from that program; and WHEREAS, to accept the grant and receive funding requires that the City Council enter into a grant agreement with the California State Library, which agreement sets out the terms and conditions of the grant (“Agreement”); and
WHEREAS, the City Council finds that its approval of the Agreement will be in the best interests of the City and will provide needed services at the library.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFONRIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. That the foregoing is true, correct and adopted.

2. That the City Council does hereby approve the Agreement.

3. That the City Manager or desingeebhereby is authorized to sign said Agreement, identified as “Exhibit 1”, a copy which is on file in the office of the City Clerk, on behalf of the City and to take any and all actions necessary to implement it.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on the day of , 2023

CITY OF EL CENTRO
By
Martha Cardenas Singh, Mayor

12.b
Packet Pg. 364 Attachment: ESL Literacy Resolution (6136 : Approval of ESL Grant) 09/2023/cdz/A23-0187/Reso/GrantAgrmyAdultLiteracy&ESLProg ATTEST:

By
Norma Wyles, City Clerk
APPROVED AS TO FORM:

Office of the City Attorney
By
Elizabeth L. Martyn, City Attorney

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Resolution No. 23- was duly and regularly adopted a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By
Norma Wyles, City Clerk

12.b
Packet Pg. 365 Attachment: ESL Literacy Resolution (6136 : Approval of ESL Grant) City Council of the City of El Centro Meeting: 10/17/23 11:30 AM 1275 Main Street Department: Community Development
El Centro, CA 92243 Category: Public Hearing
Prepared By: Angel Hernandez
SCHEDULED Department Head: Angel Hernandez
RESOLUTION (ID # 6155) DOC ID: 6155
Public hearing to consider the recommendation of the
Planning Commission regarding a 12-month time extension for the Willow Bend Tentative Subdivision Map
CITY MANAGER’S RECOMMENDATION:

Adopt Resolution No. 23- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO APPROVING A TWELVE-MONTH EXTENSION OF THE WILLOW BEND TENTATIVE SUBDIVISION MAP FOR THE PROPERTY ENCOMPASSING 38 ACRES OF LAND GENERALLY LOCATED WEST OF SOUTH 4TH STREET (SR-86) AND 630 FEET SOUTH OF HORNE ROAD.

FISCAL IMPACT:

Not Applicable
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal 6: Strengthen El Centro’s resilience by diversifying the economy, recruiting new businesses, creating opportunities for business growth, retaining businesses, and maximizing efficiency.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

Not Applicable
BACKGROUND:

On February 7, 2007 City Council adopted Resolution No. 07-17 approving the Willow Bend Tentative Subdivision Map (Willow Bend Subdivision Map) for the development of 38 acres of land generally located along the west side of South 4th Street and 630 feet south of Horne Road, please refer to Exhibit A-Project Location Map. The Willow Bend Subdivision Map project will accommodate the development of 134 single family residential lots.

The Willow Bend Tentative Subdivision Map had an original expiration date of February 7, 2010, 36 months after the initial approval. Normally, the subdivide would either have to record a map in accordance with the conditions of approval or request the City Council to provide a time extension prior to the expiration date. However, since 2008 the state legislature passed several bills that automatically extended the expiration date of tentative maps up to ten and a half (10 1/2) years if they meet certain criteria.

On July 25, 2023, the applicant and property owners submitted a letter (Exhibit BApplicant Letter) requesting a extension for the subdivision map. This would be the fourth extension and, if approved, would result in extending the expiration date to August 7, 2024. If approved, the Willow Bend TSM would have received four years out of the maximum six years of discretionary extensions. Also, the applicant has applied 13 Packet Pg. 366
Resolution (ID # 6155) Meeting of October 17, 2023
with the City to amend certain conditions of approval of the Resolution No. 07-17. It is expected this item will be brought before the City Council in 2024.

Environmental Impact Report No. 05-05 was previously prepared and considered for the project. The Planning Commission held on a public hearing on August 29, 2023 in which a resolution recommending approval of the time extension was adopted unanimously. A public hearing is scheduled for October 17, 2023 before the City Council and was duly noticed in the Imperial Valley Press, a newspaper of general circulation on October 5, 2023. At the time of the preparation of this staff report, there have been no comments from the public.

DISCUSSION:

The Willow Bend Subdivision Map was reviewed for conformance with the General Plan and the existing zoning ordinance. There have been no changes to the General Plan affecting the project site and remains consistent with the goals and policies included herein. Also, the project was assessed for compliance with the existing residential development standards and was found to also be consistent. A resolution for the City Council's consideration is attached as Exhibit C-Resolution.

CONCLUSION:

Adopt Resolution No. 23- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO APPROVING A TWELVE-MONTH EXTENSION OF THE WILLOW BEND TENTATIVE SUBDIVISION MAP FOR THE PROPERTY ENCOMPASSING 38 ACRES OF LAND GENERALLY LOCATED WEST OF SOUTH 4TH STREET (SR-86) AND 630 FEET SOUTH OF HORNE ROAD.

ATTACHMENTS:
• Exhibit A - Project Location Map (PDF)
• Exhibit B - Willow Bend Extension 2023 Applicant letter (PDF) • Exhibit C - Resolution (PDF)
13 Packet Pg. 367
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APN 054-370-012
Project Location Map
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Legend
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PROJECT SITE

13.a
Packet Pg. 368 Attachment: Exhibit A - Project Location Map (6155 : Willowbend TSM Time Extension)

13.b
Packet Pg. 369 Attachment: Exhibit B - Willow Bend Extension 2023 Applicant letter (6155 : Willowbend TSM Time Extension) 1 10/2023/cdz/A23-0199/Reso/WillowbendTentSubdivisionMapExt RESOLUTION NO. 23-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO

APPROVING A TWELVE-MONTH EXTENSION OF THE WILLOW BEND

TENTATIVE SUBDIVISION MAP FOR THE PROPERTY ENCOMPASSING 38 ACRES OF LAND GENERALLY LOCATED WEST OF SOUTH 4TH
STREET (SR-86) AND 630 FEET SOUTH OF HORNE ROAD.

WHEREAS, the Willow Bend Tentative Subdivision Map was approved by the City Council on February 7, 2007 per Resolution No. 07-17; and WHEREAS, the Willow Bend Tentative Subdivision Map will allow for the subdivision of approximately 38 acres of land to create 134 single family residential lots on property generally located west of South 4th Street (SR-86) and 630 feet south of Horne Road, further described as APN 054-370-012; and
WHEREAS, the Willow Bend Tentative Subdivision Map was scheduled to expire on August 7, 2023; and
WHEREAS, the applicant and property owner, Jose Luis Villarreal Lomeli, submitted a written request for a time extension for the Willow Bend Tentative Subdivision Map on July 25, 2023, pausing the expiration of the Willow Bend Tentative Subdivision Map for ninety days to November 5, 2023 or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first, in accordance with Government Code Section 66452.6(e); and WHEREAS, said request was recommended for approval by the Planning Commission on August 29, 2023; and
WHEREAS, a public hearing was held on the twelve-month time extension request for the Willow Bend Tentative Subdivision Map at a regular City Council meeting on October 17, 2023, in the City Council Chambers 1275 W. Main Street, El Centro, California; and WHEREAS, public hearing was advertised according to law; and WHEREAS, the applicant was present and heard; and
WHEREAS, no one was present to object to the request nor were any objections filed with the Commission; and
WHEREAS, the proposed map is still consistent with applicable general and specific plans; and
WHEREAS, the design or improvements of the proposed subdivision is still consistent with applicable general and specific plans; and
WHEREAS, the site is still physically suitable for the type of development; and

13.c
Packet Pg. 370 Attachment: Exhibit C - Resolution (6155 : Willowbend TSM Time Extension) 2 10/2023/cdz/A23-0199/Reso/WillowbendTentSubdivisionMapExt WHEREAS, the site is still physically suitable for the proposed density of development; and
WHEREAS, the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; and
WHEREAS, the design of the subdivision or the type of improvements are not likely to cause serious public health problems; and
WHEREAS, the design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large for access through or use of property within the proposed subdivision; and
WHEREAS, Environmental Impact Report No 05-05, was previously prepared and considered for the proposal pursuant to the C.E.Q.A. Guidelines of 1970, as amended; and WHEREAS, proposed project would not be detrimental to the public health, safety and welfare of the community; and
NOW, THEREFORE, be it resolved that the City Council approves a twelve-month extension to August 7, 2024, for the Willow Bend Tentative Subdivision Map, subject to compliance with City Council Resolution No. 07-17.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2023.

CITY OF EL CENTRO
By:_____________________________
Martha Cardenas-Singh, Mayor
ATTEST:

By: ___________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY
By:_____________________________
Elizabeth L. Martyn, City Attorney

13.c
Packet Pg. 371 Attachment: Exhibit C - Resolution (6155 : Willowbend TSM Time Extension) 3 10/2023/cdz/A23-0199/Reso/WillowbendTentSubdivisionMapExt

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Resolution No. 23-____ was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By________________________________
Norma Wyles, City Clerk

13.c
Packet Pg. 372 Attachment: Exhibit C - Resolution (6155 : Willowbend TSM Time Extension) City Council of the City of El Centro Meeting: 10/17/23 11:30 AM 1275 Main Street Department: Human Resources
El Centro, CA 92243 Category: Personnel
Prepared By: Dulce Bedolla
SCHEDULED Department Head: Dulce Bedolla
ACTION ITEM (ID # 6129) DOC ID: 6129
Approval of Unrepresented Police Commander MOU
CITY MANAGER’S RECOMMENDATION:

Adopt Resolution No. 23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

EL CENTRO IDENTIFYING, RECOGNIZING AND ESTABLISHING TERMS AND

CONDITIONS OF EMPLOYMENT FOR UNREPRESENTED POLICE COMMANDER

MANAGEMENT EMPLOYEES
FISCAL IMPACT:

Compensation will be paid by the General Fund.

STRATEGIC PLANNING PROGRAM 2013-2018 RELATION:

Goal #1 - Financial & Governance Stability & Sustainability Action 1.7 - Align the provision of critical city services and Strategic Plan Implementation with current staffing levels.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

N/A
BACKGROUND:

Pay increases for the unrepresented Police Commander management employees as discussed by City Council.

DISCUSSION:

The modified terms and conditions are being presented to the City Council for final approval, as follows:
1- July 2024, 2% COLA increase.
2- Step increases on anniversary date conditioned upon the employee's performance evaluation rating his/her performance satisfactory or better. 3- The employer medical insurance contribution caps are set at 80% based on the limited plan.

CONCLUSION:

Adopt Resolution No. 23 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

EL CENTRO IDENTIFYING, RECOGNIZING AND ESTABLISHING TERMS AND

CONDITIONS OF EMPLOYMENT FOR UNREPRESENTED POLICE COMMANDER

MANAGEMENT EMPLOYEES
ATTACHMENTS:
• Commander Resolution (PDF)
14 Packet Pg. 373
10/2023/cdz/A23-0204/MOU/Unrepresented
PoliceCommanderManagementEmployees Page 1 of 11
RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO IDENTIFYING, RECOGNIZING AND

ESTABLISHING TERMS AND CONDITIONS OF

EMPLOYMENT FOR UNREPRESENTED POLICE

COMMANDER MANAGEMENT EMPLOYEES
WHEREAS, the City Council wishes to identify and recognize all current employees that are in Unrepresented Police Commander Management classifications; and WHEREAS, the City Council wishes to declare that this classification presently is unrepresented and are not members of any employee labor group for purposes of collective bargaining or representation; and
WHEREAS, it is the intent of the City Council that all of the classifications listed in this resolution be exempt under State and Federal Fair Labor Standards Act statutes, rules and regulations; and
WHEREAS, the City Council finds that it is in the best interests of the City to adopt this resolution at this time identifying and recognizing all of the classifications that presently belong to this group known as Unrepresented Police Commander Management Employees.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. That the foregoing is true, correct and adopted.

2. This Resolution shall take effect upon adoption. The terms and conditions set out in this Resolution shall be applicable to the Police Commander classification upon the date of such person’s appointment to that position.

3. COMPENSATION
a. Salary and Performance Increases:

No employee shall be paid less than Step 1 or more than Step 6. Employees who have been in Step 5 for five continuous years shall be placed in Step 6 as of their anniversary date.

1. Salary Schedule.

Separate salary schedules showing the salary step ranges are shown in Appendix A attached and herein incorporated by reference.

2. COLA
Effective as of the first full pay period for July 2024, for fiscal year 2024/2025, all employees will receive a COLA of 2% of base salary as of June 30, 2024.

14.a
Packet Pg. 374 Attachment: Commander Resolution (6129 : Unrepresented Police Commander MOU) 10/2023/cdz/A23-0204/MOU/Unrepresented
PoliceCommanderManagementEmployees Page 2 of 11
b. Merit Increases.

Upon the effective date of this MOU through June 30, 2025, all employees will be eligible for a step increase on their anniversary date (as defined below) conditioned upon the employee's evaluation rating his/her performance satisfactory or better.
(1) It is expected that the annual evaluation shall occur on an employee's anniversary date. If the evaluation occurs after the anniversary date and the evaluation rates the performance at satisfactory or better, the step increase will be retroactive to the anniversary date.
(2) Any future step increases after the termination of this MOU, June 30, 2025, must be approved by the Parties in a successor MOU.
(3) As used herein, “anniversary date” shall mean the original employee’s date of hire, date of promotion or whichever is most recent.
c. Overtime Compensation.

Employees in this unit are considered exempt under Fair Labor Standards Act ("FLSA") guidelines and are therefore not eligible for overtime compensation except as otherwise provided here and on a case by case basis.

Commanders shall not be entitled to call-back or standby pay of any kind.

4. UNIFORM ALLOWANCE
For the purposes of defraying the cost of purchasing and maintaining uniforms and clothing prescribed by the City, all employees covered by this MOU shall receive a uniform allowance as follows:
(a) Sworn employees in the classification of Police Commander will receive one thousand five hundred dollars ($1,500), annually, seven hundred and fifty dollars ($750) payable in July and January, and will be paid by separate check.
(b) All newly-hired uniformed personnel shall receive a pro-rata amount of the yearly allowance and an additional sum of six hundred dollars ($600) for the initial purchase of uniforms.

Payments pursuant to this paragraph shall be paid as soon as practical after the date of hire.

Employees shall furnish, upon request by the City, copies of the receipts for the purchase or maintenance of uniforms.

5. RETIREMENT CONTRIBUTIONS
A Commander shall receive the following retirement contributions:
(1) Retirement Tier 1 – Safety Members hired before January 1, 2013, shall receive the 3% @ 50 retirement formula, highest (12) month average final compensation period, the Fourth Level of the 1959 Survivor’s Benefit, Unused Sick Leave Option,

14.a
Packet Pg. 375 Attachment: Commander Resolution (6129 : Unrepresented Police Commander MOU) 10/2023/cdz/A23-0204/MOU/Unrepresented
PoliceCommanderManagementEmployees Page 3 of 11
and a two percent (2%) retirement Cost of Living Adjustment (“COLA"). These Safety Members shall pay the entire nine percent (9%) of the CalPERS employee contribution on a pre-tax basis.
(A) Effective the first full pay period following execution of this MOU, the employees shall pay 9% of the member contribution plus an additional "cost share" pension contrition of 3%, total pension contribution shall be 12%. (B) This cost sharing pension contribution shall initially be implemented outside of a CalPERS contract amendment as authorized by Government Code Section 20516(f). After the initial implementation and as soon as practical, the City and Association shall amend the CalPERS contract so that cost sharing will be by contract amendment under Government Code section 20516(a). This pension contribution shall extend beyond the expiration of this MOU.
(2) Retirement Tier 2 – These Safety Members, as defined by CalPERS, hired on or after January 1, 2013, shall receive the 2.7% @ 57 retirement formula, highest thirtysix (36) month average final compensation period, the Fourth Level of the 1959 Survivor’s Benefit, Unused Sick Leave Option, and a two percent (2%) retirement COLA. These Safety Members shall pay half the total normal cost of the retirement plan as determined annually by CalPERS on a pre-tax basis.

6. OUT OF CLASS PAY.

Any sworn employee appointed to an acting position and/or working out of class with duties of a higher classification shall receive out-of-class pay as follows:
(1) Employees shall receive an increase of ten percent (10%) of his/her base rate of pay for all hours that the employee is assigned to such duties. (2) The selection of an employee for said temporary assignment shall be at the discretion of the department head taking into consideration any applicable promotional eligibility list, the qualifications and requirements of the position to be filled, and qualifications and job performance of those employees eligible for temporary upgrading.

7. EDUCATION INCENTIVE PAY
(a) Incentive Pay: Employees covered by this MOU shall receive educational incentive pay in the following manner:
(1) Employees shall be eligible for the following educational incentive pay:

Bachelors $75 per pay period
or
Master’s Degree $100 per pay period
AND
Supervisory or Management Certificate $150 per pay period

14.a
Packet Pg. 376 Attachment: Commander Resolution (6129 : Unrepresented Police Commander MOU) 10/2023/cdz/A23-0204/MOU/Unrepresented
PoliceCommanderManagementEmployees Page 4 of 11
(2) No employee shall be eligible for Educational Incentive Pay in excess of $250 per pay period.
(3) Employees are eligible for incentive pay only if they hold certifications and/or degrees that are not required for their positions.
(4) The college degrees must be received from a college or university that has been approved by the Human Resources Department.
(b) Tuition Reimbursement. The City subscribes to and supports an educational tuition reimbursement and professional development program for the benefit of employees who want to further or continue their education. Commanders shall be eligible for tuition reimbursement of up to one thousand two hundred dollars ($1,200) and one thousand four hundred dollars ($1,400) per year, respectively, for tuition reimbursement and/or professional development. Guidelines are as follows:
(1) Employees who, in their sole discretion, want to broaden their job-related knowledge by pursuing academic training and higher education on their off-duty hours may receive reimbursement for expenses as provided herein. Under this program, reimbursement is available for “Regular” employees who are performing their job in a satisfactory manner.
(2) Expenses for tuition and textbooks, under this program, will be reimbursed subject to the approval of the department head and/or the Director of Human Resources. (3) Continuing education under this program is defined as postsecondary college level course work necessary to obtain a diploma or degree. Reimbursement will be subject to the following criteria:
(A) That a degree or certificate is sought;
(B) Courses may not be taken during the employee’s regular working hours; unusual exceptions require appropriate approval;
(C) Completion of the course must be verified with a grade of “C” or better. (D) If the employee withdraws from a course, the employee will be responsible for any expenses incurred.
(E) The employee must remain an active “Regular” employee through conclusion of the course.
(4) Reimbursement Procedure:
(A) Employee completes tuition reimbursement request form and submits to department head for approval;
(B) If approved, department head will submit to Human Resources for approval; (C)If approved by Human Resources, a copy of the approved form will be returned to the employee;
(D)The employee then makes all registration arrangements and pays for tuition and books/materials;
(E) After completing the course, the employee will provide Human Resources with grade sheet and receipts for tuition and books;
(F) Human Resources will prepare a claim form for any reimbursements due the employee.
(c) Professional Training. The City encourages employees to broaden their knowledge and improve their skills in their City occupational field or area to improve their on-the-job

14.a
Packet Pg. 377 Attachment: Commander Resolution (6129 : Unrepresented Police Commander MOU) 10/2023/cdz/A23-0204/MOU/Unrepresented
PoliceCommanderManagementEmployees Page 5 of 11
performance and increase their overall value to the City by attending seminars, conferences, training workshops and/or certificate licensing programs. (1) Reimbursement is available for regular sworn employees in the classification of Police Commander who are performing their job in a satisfactory manner, and requests for reimbursement are subject to the approval of the Department Head and/or the Director of Human Resources.
(2) Seminars, conferences, training workshops and/or certificate licensing programs contemplated under this program are defined as courses of study that are specifically related to the employee’s presently assigned position, but not required by the City.
(3) Employees who attend seminars or training under this program will not be compensated for time off. The use of leave accruals will be allowed. (4) Reimbursable expenses include: registration, tuition, books and materials. (5) Reimbursement Procedure:
(A) Employee completes professional development reimbursement request form and submits to department head for approval;
(B) If approved, department head will submit to Human Resources for approval; (C)If approved by Human Resources, a copy of the approved form will be returned to the employee;
(D)The employee then makes all registration arrangements and pays for tuition and books/materials;
(E) After attending the seminar, the employee will provide Human Resources with any certificate, attendance verification and/or receipts related to the seminar.
(F) Human Resources will prepare a claim form for any reimbursements due the employee.
(6) All training required for a position or a necessary certification shall be reimbursed through the departmental budget which shall make appropriate allocations for said activities, provided however, that should such allocation be insufficient to reimburse members for said training, then members may utilize the general education reimbursement incentive to fully fund said training.

8. EXPERT PAY
Sworn employees who qualify as an expert in the following fields shall receive expert pay in the amount of two hundred twenty-five dollars ($225) per month:
(a) narcotics, firearms, traffic accident investigation, child abuse, driving under the influence and gangs
To qualify for expert pay the employee must either be certified as an expert in one of the above fields through the court or by the Chief of Police or designee (hereafter “Chief of Police”) through a review of the employee’s qualifications, training and experience. If an employee is denied expert pay, the Chief of Police or his or her designee shall respond in writing with articulable facts as to why the employee’s qualifications did not merit expert pay. Courtroom testimony may be taken into consideration when making this determination.

The maximum amount an employee of this unit can receive for expert pay shall be two hundred and twenty-five dollars ($225) per month.

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PoliceCommanderManagementEmployees Page 6 of 11

9. HAZARD PREMIUM
Sworn employees in the classification of Commander who are assigned to the Department’s Crisis Response Team shall receive a stipend equal to three percent (3%) of that employee’s base pay during the period of said assignment.

10. NEW ANNUAL LEAVE DENIAL / CASH OUT
No annual/vacation leave will be accrued above the cap at any time or for any reason. When (i) an employee has taken a minimum of 1 week of annual/vacation leave during the current fiscal year; (ii) the employee thereafter is denied a request to take additional annual/vacation leave in that fiscal year because of department or city work load or reasons beyond the control of either party to this MOU; and (iii), the employee for such reason is unable to take said annual/vacation leave by the end of that fiscal year without triggering overtime the City shall cash out only the amount of the denied annual leave hours, up to a maximum of 80 hours. Such a cash-out shall be a one-time payment that is not compensable under PERS and is not part of the regular rate of pay.

11. WORK SCHEDULE.

Employees covered by this MOU shall have a normal workweek of forty (40) hours on a schedule to be determined by the needs of the department. Commanders are exempt from the provisions of the FLSA.

12. INSURANCE.

1. MEDICAL INSURANCE.

Each employee filling a full-time position and in a pay status for at least thirty (30) hours per week shall have the opportunity to participate in the City’s comprehensive major medical, dental, life and vision care insurance program. The employees covered by this MOU may obtain coverage for their legal dependents under the same comprehensive major medical, dental, life and vision care insurance program. The City will contribute on behalf of the employee the following amounts to the health insurance premiums:

Employee only – Up to $754.56 per month
Spouse - Up to $1,155.19 per month
Child(ren) - Up to $1,094.45 per month
Spouse & Children - Up to $1,475.52 per month
Effective beginning calendar year 2023, the City will either maintain the 2022 contribution for the lowest cost plan only (limited plan) or contribute a dollar amount on behalf of the employee equal to 80%, by enrollment category, of the insurance premium for the lowest cost plan (Limited Plan) whichever is greater. The employee shall be responsible for the difference between the City contribution and the actual premium for the plan selected by the employee.

The Parties shall continue to meet and confer during the term hereof to consider adoption of

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PoliceCommanderManagementEmployees Page 7 of 11
alternative coverage or plans and may be presented by the City’s health insurance consultant.

An employee on an approved leave of absence without pay from the City may continue to carry the City’s comprehensive insurance by making full payments to the City for the costs of such insurance, in accordance with the City’s Personnel Rules and Regulations.

2. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE.

The City agrees to provide term life insurance and accidental death and dismemberment coverage for all employees covered by this MOU in the following amounts:
(a) For sworn employees in the classification of Police Commander, seventy-five thousand dollars ($75,000).

3. DISABILITY INSURANCE.

The City shall provide short-term disability and long-term disability insurance coverage for employees covered by this MOU.

4. HEALTH INSURANCE CONTRIBUTION FOR RETIREES.

Sworn employees in the classification of Police Commander, if the sum of his/her age (expressed in years and complete months) plus the years of service credit with the City (as reflected in the records of CalPERS) totals seventy (70) or more upon retirement, the City shall pay six hundred and nineteen dollars and one cent ($619.01) per month towards the retiree only portion of said insurance until the retiree reaches age sixty-five (65). During this time, insurance coverage will be available for the retiree’s dependents at the retiree’s expense. At age sixty-five (65) the retired employee may elect to continue sad insurance coverage, including dependent coverage, at the retiree’s expense.

13. ANNUAL LEAVE.

Annual leave is provided to employees for the purpose of rest and relaxation from their duties and for attending to medical situations and personal business. Annual leave is a combination of an employee’s vacation, sick time, and birthday holiday.
(a) ELIGIBILITY.

Employees shall be eligible to take annual leave after completing one (1) month of continuous full-time service.
(b) ACCRUAL.

Annual leave shall accrue biweekly for all eligible employees. Eligible employees are employees who are on a pay status for fifty percent (50%) or more of a bi-weekly period.

Annual leave shall accrue according to the following schedule:

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PoliceCommanderManagementEmployees Page 8 of 11
Months of Continuous
Service
Hours Per Pay Period
Police Commander
0-60 8.62
61-72 8.92
73-84 9.23
85-96 9.54
97-108 9.85
109+ 10.15
(c) ACCUMULATION.

Annual leave may be accumulated up to a maximum of five hundred (500) hours. (d) SCHEDULING
The times when a Commander may take annual leave during a calendar year shall be determined by annual leave requests submitted by employees. Said requests shall be approved or disapproved by the Chief of Police or designee taking into consideration employee dates of hire, due regard for the wishes of the employee, and particular regard for the needs of the department.
(e) CASH OUT.

Employees shall have the following cash out rights:

1. Cash Out at Separation. Employees who leave the employment of the City shall be paid for accumulated annual leave at the employee’s current rate of pay.

14. ADMINISTRATIVE LEAVE
Employees covered by this resolution shall receive sixty-four (64) hours of paid Administrative Leave per year effective July 1 of each year on a non-accruable basis; provided, however, that an employee joining the City's professional staff after December 31 of a fiscal year shall receive twenty (20) hours of paid Administrative Leave during that year. Any Administrative Leave time remaining in an employee's account as of June 1 of each year may shall be converted to cash; provided, however, that the total leave converted shall not exceed forty (40) hours. Administrative Leave provided pursuant to this section shall not be considered "vacation leave" within the meaning of section 227.3 of the Labor Code, and any remaining Administrative Leave time remaining as of June 30 shall be forfeited.

15. FLAT BADGES
Employees required to possess a badge while off-duty or while on-duty but not in uniform may, at their option, use a flat badge. Such a badge shall be furnished by the City and remain the property of the City, and shall be returned thereto upon termination of the employee, or upon written order by the Chief, Executive Commander or Commander.

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PoliceCommanderManagementEmployees Page 9 of 11
Employees assigned to non-uniformed duty shall wear attire appropriate to the assignment.

16. NO DISCRIMINATION POLICY.

It is agreed that no employee will be discriminated against because of exercising his/her rights specified in the employer-employee relations policy or his/her rights under this MOU.

17. COUNSELING MEMORANDUMS.

Counseling Memorandums will be placed in an employee’s personnel file at the Police Department and shall not be forwarded to an employee’s permanent file at the Department of Human Resources.

A Counseling Memorandum shall only remain in an employee’s personnel file for one (1) year.

18. TERM OF MOU.

Except as specified otherwise herein, this MOU shall be effective October 17, 2023 and shall remain in full force and effect only until and through June 30, 2025.

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PoliceCommanderManagementEmployees Page 10 of 11
APPENDIX A- Unrepresented Police Commander Management Employees

CLASSIFICATION GRADE
POLICE COMMANDER P21
Effective upon adoption of this resolution
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6
P21 10108 10740 11372 12003 12635 13267
Effective first full pay period for July 2024
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6
P21 10310 10955 11599 12243 12888 13532

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PoliceCommanderManagementEmployees Page 11 of 11
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro held on the _________day of ____________

CITY OF EL CENTRO
By ______________________________
Martha Cardenas-Singh, Mayor
ATTEST:

By_________________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:

Office of the City Attorney
By ________________________________
Elizabeth L. Martyn, City Attorney

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Resolution No. 23-___ was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on the 17th day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED: None
By _____________________________
Norma Wyles, City Clerk
.

14.a
Packet Pg. 384 Attachment: Commander Resolution (6129 : Unrepresented Police Commander MOU) City Council of the City of El Centro Meeting: 10/17/23 11:30 AM 1275 Main Street Department: Engineering Division
El Centro, CA 92243 Category: Resolution
Prepared By: Felix De Leon
SCHEDULED Department Head: Abraham Campos
ACTION ITEM (ID # 6159) DOC ID: 6159
Discussion and any necessary action regarding the approval of the Program Supplement Agreement for CRASL-5169 (055) related to the 2023 Streets Overlay Project
CITY MANAGER’S RECOMMENDATION:

Adopt Resolution No. __ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 00000A265 TO

THE ADMINISTERING AGENCY-STATE AGREEMENT FOR STATE FUNDED PROJECTS NO. 11-5169S21 WITH THE CALIFORNIA DEPARTMENT OF

TRANSPORTATION
FISCAL IMPACT:

No Impact to the General Fund. Funding to supplement future Evan Hewes/ East Main St. Rehabilitation in the amount of $1,137,000 for Construction Activities. Estimated costs are as follows:

Purpose State STIP Local Match (SB1RMRA) Total funding
FY24 Construction $1,137,000 $706,000 $1,843,000
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #2 Environmental Sustainability & Infrastructure, Ensure the City's infrastructure is enhanced and maintained to support existing and future development through innovative and sustainable principles. Action 2.13 Implement 2015/2016 Pavement Management System Plan which consists of recommended street repair costs to the City's streets network
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

N/A
BACKGROUND:

City Staff applied and received allocations of State STIP funds in the amount of $1,137,000 to support rehabilitation of Evan Hewes Highway / East Main St. from Dogwood Ave. to East City Limits.

On May 16, 2023 council approved Resolution 23 - assigning the anticipated RMRA funding of $1,108,011 in FY 23/24, to supplement road maintenance and rehabilitation activities, of East Main St. From Dogwood Ave. To East City Limits.

DISCUSSION:

A Program Supplement Agreement is necessary to proceed with submitting reimbursement invoices to obtain the grant funding. The attached program supplement agreement was sent by Caltrans and is typical with every Caltrans State and Federal 15 Packet Pg. 385
Action Item (ID # 6159) Meeting of October 17, 2023
project and is accordance with Article I of the Master Agreement between the California Department of Transportation and the City of El Centro.

Currently project is in the design phase with expected bid advertisement in January.

CONCLUSION:

Adopt Resolution No. __ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 00000A265 TO

THE ADMINISTERING AGENCY-STATE AGREEMENT FOR STATE FUNDED PROJECTS NO. 11-5169S21 WITH THE CALIFORNIA DEPARTMENT OF

TRANSPORTATION
ATTACHMENTS:
• Reso 23- (PDF)
• 5169057 PSA to Agency (PDF)
15 Packet Pg. 386
09/2023/cdz/A23-0185/Reso/ProgSupplementAgrmt
EvanHewesRdRehab
RESOLUTION NO. 23 –

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO APPROVING PROGRAM SUPPLEMENT AGREEMENT NO.
00000A265 TO THE ADMINISTERING AGENCY-STATE
AGREEMENT FOR STATE FUNDED PROJECTS NO. 11-5169S21

WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION
WHEREAS, the Administering Agency-State Agreement for State Funded Projects, No. 11-5169S21 (the “Agreement”) between the City of El Centro, California (the “City”) and the California Department of Transportation (“CalTrans”) entered into effective May 25, 2021, covers the general requirements of all state funded projects for the implementation of projects and the maintenance of the completed facilities; and
WHEREAS, the City now has been awarded an additional $1,137,000 for the Evan Hewes Road Rehabilitation Project (the “Project”); and
WHEREAS, in order to receive this additional funding, it is necessary for the City Council to approve Program Supplement Agreement No. 00000A265 to the Agreement (the “Program Supplement”) for the Evan Hewes Road Rehabilitation Project (the “Project”); and WHEREAS, the City Council finds that its approval of the Program Supplement will be in the best interest of the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. That the foregoing is true, correct and adopted.

2. That the City Council of the City of El Centro, California, does hereby approve the Program Supplement Agreement with CalTrans for additional funding for the Project.

3. That the City Manager hereby is authorized to sign the Supplement Agreement, identified as Exhibit “A”, a copy of which is on file in the office of the City Clerk, on behalf of the City.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on the day of , 2023.

CITY OF EL CENTRO
By _______________________
Martha Cardenas-Singh, Mayor

15.a
Packet Pg. 387 Attachment: Reso 23- (6159 : Program Supplement Agreement CRASL5169(057) Evan Hewes Highway Rehab) 09/2023/cdz/A23-0185/Reso/ProgSupplementAgrmt
EvanHewesRdRehab
ATTEST:

By
Norma Wyles, City Clerk
APPROVED AS TO FORM:

Office of the City Attorney
By
Elizabeth L. Martyn, City Attorney

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Resolution No. 23 - was duly and regularly adopted a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By
Norma Wyles, City Clerk

15.a
Packet Pg. 388 Attachment: Reso 23- (6159 : Program Supplement Agreement CRASL5169(057) Evan Hewes Highway Rehab) 00000A265
FOR STATE FUNDED PROJECTS NO 11-5169S21
1123000306
August 31, 2023
11-IMP-0-ECN
CRASL-5169(057)
5169
This Program Supplement, effective 08/17/2023, hereby adopts and incorporates into the Administering Agency-State Agreement No. 11-5169S21 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of 05/25/2021 and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached).

The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages.

Evan Hewes Road Rehabilitation
Road Rehabilitation 0.0(MILES)
Estimated Cost State Funds Matching Funds

CITY OF EL CENTRO
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:

Accounting Officer _______________________ Date _______________ PROGRAM SUPPLEMENT NO.
to

ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:

Location:

Project Number:

E.A. Number:

Locode:

PROJECT LOCATION:

TYPE OF WORK: LENGTH:

LOCAL OTHER
$1,843,000.00 $706,000.00 $0.00
Chief, Office of Project Implementation

STATE OF CALIFORNIA
Department of Transportation
$1,137,000.00
STATE $1,137,000.00

1. This PROJECT is programmed to receive funding from the State Transportation Improvement Program (STIP). Funding may be provided under one or more Program Supplement 11--516-A265- SERIAL 1Page of 4
9/11/23

15.b
Packet Pg. 389 Attachment: 5169057 PSA to Agency (6159 : Program Supplement Agreement CRASL5169(057) Evan Hewes Highway Rehab)

SPECIAL COVENANTS OR REMARKS
11-IMP-0-ECN
CRASL-5169(057)
components. A component(s) specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s).

This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. The start of reimbursable expenditures is restricted to the later of either 1) the effective date of the Master Agreement, 2) the effective date of the PROGRAM SUPPLEMENT, or 3) the effective date of the component specific allocation.

2. STATE and ADMINISTERING AGENCY agree that additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE approved Allocation Letter and Finance Letter. ADMINISTERING AGENCY agrees that STATE funds available for reimbursement will be limited to the amount allocated by the California Transportation Commission (CTC) and/or the STATE.

3. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between components. An approved time extension will revise the timely use of funds criteria, outlined above, for the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fund transfers between components made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof.

Documentation for approved supplementary allocations, time extensions, and fund transfers between components will be a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate.

4. This PROJECT will be administered in accordance with the CTC STIP guidelines, as adopted or amended, and the STATE Procedures for Administering Local Grant Projects in the State Transportation Improvement Program (STIP), the Local Assistance Program Guidelines, and the Local Assistance Procedures Manual. The submittal of invoices for project costs shall be in accordance with the above referenced publications and the following.

5. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits, plans specifications & estimate, and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion to make the final payment to the contractor and prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment.

6. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the encumbrance of funds under this Agreement. Funding and reimbursement are available only upon the passage of the State Budget Act containing these STATE funds.

Program Supplement 11--516-A265- SERIAL Page 2 of 4

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Packet Pg. 390 Attachment: 5169057 PSA to Agency (6159 : Program Supplement Agreement CRASL5169(057) Evan Hewes Highway Rehab)

SPECIAL COVENANTS OR REMARKS
11-IMP-0-ECN
CRASL-5169(057)

7. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after the award. Failure to do so will cause delay in processing the invoices for the construction component. As a minimum, the award information should have the following: Project number, project description, PPNO, date the project was advertised, award amount, bid opening date, award date and estimated completion date.

8. This PROJECT is subject to the timely use of funds provisions enacted by Senate Bill 45 (SB 45), approved in 1997, and subsequent CTC guidelines and State procedures approved by the CTC and STATE, as outlined below:

Funds allocated for the environmental & permits, plan specifications & estimate, and right-ofway components are available for expenditure until the end of the second fiscal year following the year in which the funds were allocated.

Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 6 months of the construction fund allocation and complete the construction or vehicle purchase contract within 36 months of award.

9. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumberances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period.

If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount.

ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual.

10. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the California Transportation Commission. Any changes to the approved PROJECT scope without the prior expressed approval of the California Transportation Commission are Program Supplement 11--516-A265- SERIAL Page 3 of 4

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Packet Pg. 391 Attachment: 5169057 PSA to Agency (6159 : Program Supplement Agreement CRASL5169(057) Evan Hewes Highway Rehab)

SPECIAL COVENANTS OR REMARKS
11-IMP-0-ECN
CRASL-5169(057)
ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement.

Program Supplement 11--516-A265- SERIAL Page 4 of 4

15.b
Packet Pg. 392 Attachment: 5169057 PSA to Agency (6159 : Program Supplement Agreement CRASL5169(057) Evan Hewes Highway Rehab) City Council of the City of El Centro Meeting: 10/17/23 11:30 AM 1275 Main Street Department: Public Works
El Centro, CA 92243 Category: Rejection of Bid
Prepared By: Catherine Gutierrez
SCHEDULED Department Head: Abraham Campos
ACTION ITEM (ID # 5994) DOC ID: 5994
Rejection of bid received for Traffic Striping Maintenance Contract
CITY MANAGER’S RECOMMENDATION:

Reject bid from Rove Engineering, Inc., for the Traffic Striping Maintenance City Wide Project
FISCAL IMPACT:

No impact to general fund. The project would be funded through Measure D LTA funds.

The proposed contract was for four years, with two additional optional years. Each year was estimated to be $150,000 with each year budget being approved through the budget cycle.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #2 - Environmental Sustainability and Infrastructure Action 2.8 DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

N/A, contract not being awarded.

BACKGROUND:

In order to help keep striping adequately maintained, public works recommended entering into a striping maintenance contract for the arterial streets. North/South streets would be maintained one year, and East/West streets the following year, and so on.

This will ensure each street gets re-striped every two years in order to increase vehicular, pedestrian and bike safety through clear striping markings.

City staff would continue maintaining curb markings, street signs, school markings as needed, and local streets as they currently do.

On December 20, 2022, City Council authorized the plans and specifications for the Traffic Striping Maintenance City Wide Project to be placed to bid.

On June 9, 2023, project was released for public bidding.

DISCUSSION:

On August 3, 2023, the City opened the only bid received for the project from Rove Engineering, Inc., at $2,435,413.90. This bid was for four years, as such each year's budget would be $608,853.48 if approved.

The anticipated yearly contract cost was estimated to be $150,000. 16 Packet Pg. 393
Action Item (ID # 5994) Meeting of October 17, 2023
Staff does not recommend award of the contract due to cost and lack of additional bids and proposes to reject the bid received on August 3, 2023 from Rove Engineering, Inc.

CONCLUSION:

Reject bid from Rove Engineering, Inc., Inc for the Traffic Striping Maintenance City Wide Project
ATTACHMENTS:
• BID Sheet Results (PDF)
16 Packet Pg. 394

BID SHEET
PROJECT: Traffic Striping Maintenance City
Wide Project

BID OPENING DATE: August 3, 2023
BID OPENING TIME: 2:00 p.m.

BIDDER NAME TOTAL BID
Rove Engineering Inc.
$2,435,413.90

16.a
Packet Pg. 395 Attachment: BID Sheet Results (5994 : Reject Traffic Striping Maintenance Bid)

16.a
Packet Pg. 396 Attachment: BID Sheet Results (5994 : Reject Traffic Striping Maintenance Bid) City Council of the City of El Centro Meeting: 10/17/23 11:30 AM 1275 Main Street Department: Fire
El Centro, CA 92243 Category: Resolution
Prepared By: Cynthia De Zilwa
SCHEDULED Department Head: Joseph Bernal
ACTION ITEM (ID # 6173) DOC ID: 6173
Approve Termination of Proclamation of Local Emergency for Tropical Cyclone Hilary
CITY MANAGER’S RECOMMENDATION:

Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO TERMINATING THE PROCLAMATION OF A LOCAL EMERGENCY FOR TROPICAL CYCLONE HILARY IN THE CITY OF EL CENTRO.

FISCAL IMPACT:

No impact to the General Fund. Expected reimbursement from CalOES for portion of costs to be determined.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #2 - Environmental Sustainability & Infrastructure BACKGROUND:

On August 19, 2023, the City Manager, as Director of Emergency Services of the City of El Centro, declared a local emergency as a result of Tropical Cyclone Hilary, which had the potential to create conditions beyond the control of the services, personnel, equipment, roads, sewers, and facilities, of the City. Due to this event, the results were rains, floods, and damages to critical infrastructure in the City of El Centro.

The City's Municipal Code Section 8.2, empowers the City Manager as Director of Emergency Services, to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity, and the City Council is not in session.

The proclamation of such local emergency was ratified within seven days by the City Council.

DISCUSSION:

Based upon the advice of the Director of Emergency Services, the need for the state of emergency has now ended. City staff will continue to work with CalOES to reimburse of costs related to Tropical Cyclone Hilary.

CONCLUSION:

Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO TERMINATING THE PROCLAMATION OF A LOCAL EMERGENCY FOR TROPICAL CYCLONE HILARY IN THE CITY OF EL CENTRO.

ATTACHMENTS:
• Resolution Final (DOCX)
17 Packet Pg. 397
08/2023/cdz/A23-0171/Resolution/RatificationofLocalEmergency TropicalCycloneHilary
RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO

TERMINATING THE PROCLAMATION OF A LOCAL EMERGENCY FOR

TROPICAL CYCLONE HILARY IN THE

CITY OF EL CENTRO
WHEREAS, Government Code Sections 8630 et seq, and the El Centro Municipal Code Section 8.2, empower the City Manager, as the Director of Emergency Services, to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session; and WHEREAS, on Saturday, August 19, 2023, the City Manager, as Director of Emergency Services of the City of El Centro, declared a local emergency as the result of Tropical Cyclone Hilary, which had the potential to create conditions beyond the control of the services, personnel, equipment, roads, sewers and facilities, of the City; and WHEREAS, the proclamation of such local emergency by the City Manager was ratified within seven days on August 25, 2023; and
WHEREAS, based upon the advice of the Director of Emergency Services, the need for the state of emergency now has ended.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO RESOLVES AS FOLLOWS:

1. That the Recitals set out above are true and correct.

2. That the proclamation of local emergency on August 19, 2023 and confirmed on August 25, 2023 is terminated as of the date of this Resolution.

3. Resolution No. ______ shall be of no further force and effect.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held this 17th day of October, 2023.

CITY OF EL CENTRO
By: ___________________________
Martha Cardenas Singh, Mayor
ATTEST:

By _________________________
Norma Wyles, City Clerk

17.a
Packet Pg. 398 Attachment: Resolution Final (6173 : Ending Proclamation of Emergency - Tropical Cyclone Hilary) 08/2023/cdz/A23-0171/Resolution/RatificationofLocalEmergency TropicalCycloneHilary
APPROVED AS TO FORM:

Office of the City Attorney
By _________________________
Elizabeth L. Martyn, City Attorney

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California do hereby certify that the foregoing Resolution No. 23- was duly and adopted at a regular meeting of the City Council of the City of El Centro, California, held on ,2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By _________________________
Norma Wyles, City Clerk

17.a
Packet Pg. 399 Attachment: Resolution Final (6173 : Ending Proclamation of Emergency - Tropical Cyclone Hilary) City Council of the City of El Centro Meeting: 10/17/23 11:30 AM 1275 Main Street Department: Community Services
El Centro, CA 92243 Category: Contract
Prepared By: Adriana Nava
SCHEDULED Department Head: Adriana Nava
RESOLUTION (ID # 6171) DOC ID: 6171
Discussion and Related Action Regarding Change Order #1 for Dog Park Project - Located at the Southeast Corner of Adams Avenue and 7th Street with Duggins Construction
CITY MANAGER’S RECOMMENDATION:

Approval of Change Order #1, which includes a Single Stall Restroom, and approve a budget amendment in the amount of $200,000 from the Debbie Pittman Lighting Field Project and allocation of the project savings to the Dog Park Project. Additionally, reallocate $23,550 from the Swarthout Park Field Lighting Project to the Dog Park Project.

OR
Approval of Change Order #1, which includes a Portland Loo Restroom, and approve a budget amendment in the amount of $200,000 from the Debbie Pittman Lighting Field Project and allocation of the project savings to the Dog Park Project. Additionally, reallocate $96,565 from the Swarthout Park Field Lighting Project to the Dog Park Project.

OR
Provide alternative direction to Staff.

FISCAL IMPACT:

Phillip Heald, a resident and longstanding member of the business community donated $500,000 for a Dog Park at the southeast corner of Adams Avenue and 7th Street (directly west of the Skate Park). A donation agreement was approved by the Council on July 19, 2022.

On June 21, 2022, the City Council approved the contribution of $400,000 in Measure P funds for the Dog Park. A total of $895,000 was available for the Dog Park Project. (The Donor made a $5,000 payment to Duggins Construction to begin the design and cost estimates for the Dog Park project, which payment was treated as part of the Heald total of $500,000.)
Change Order #1 has been submitted by Duggins Construction. The Change Order amount is contingent upon Council’s selection of features in the amount of $223,550 or $296,565, depending on restroom selection.

Previously, Council allocated funds for the project from Measure P. Recent projects such as the Debbie Pittman Ballfield Lighting Project had savings in the amount of approximately $200,000. Additionally, Measure P funding in the amount of $3,590,000 was allocated for the Swarthout Park Lighting Project and the lowest bidder’s bid was $1,939,000. Assuming the project is awarded to the lowest bidder, the Swarthout Park 18 Packet Pg. 400
Resolution (ID # 6171) Meeting of October 17, 2023
Lighting Project would be under budget by approximately $1,200,000. Because of the savings associated with these two projects, it is anticipated there would no additional impact to Measure P funds.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #4 Recreation & Lifelong Learning
• Action 4.3: Secure public/private partnerships in parks and recreation and leverage resources and opportunities to help develop comprehensive cultural, recreational, and lifelong learning programs for all.
• Action 4.5: Improve parks, recreational amenities, open space, and trail development, and fulfill critical lifecycle and facility maintenance needs.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

Duggins Construction has a valid El Centro Business License. Economic Development staff has worked with Duggins on previous projects and has been satisfied with their work product.

BACKGROUND:

In April 2022, Phillip and Elise Heald approached the City about constructing a Dog Park and donating $500,000 for the Dog Park. A donation agreement was subsequently approved. The Council also committed $400,000 in Measure P funds to facilitate moving forward with the proposed dog park. A total of $895,000 was available for the proposed dog park.

DISCUSSION:

The City approved an agreement with Duggins Construction on November 1, 2022 for the design and construction of the dog park. Since then, Duggins Construction has completed the design and extended water and sewer along Park Avenue for the restrooms.

Change Order #1 was submitted by Duggins Construction on October 10, 2023. As the design of the project progressed, various critical design elements were added to the project that increased the total project cost. The document attached to this report includes a cost breakdown where the original budget was exceeded. After the park design review, a mow curb for the fence was required. The mow curb is needed to ensure that dogs do not go underneath the fence and run onto Adams Avenue/SR86, which is a thoroughfare with heavy traffic. The mow curb is also necessary to ensure the long-term durability of the fence. A street light adjacent to the park was included to ensure park users can walk safely to their vehicles. The largest difference in cost is attributed to the water/sewer cost extensions for the restrooms and overall the construction cost of the restrooms. Water and sewer utilities were further away than previously estimated, there was an increase in the price of materials, paving and road repairs along with traffic control that led to a cost difference of $113,457. The budgeted amount for water/sewer was $90,000 and the actual costs were $203,457. 18 Packet Pg. 401
Resolution (ID # 6171) Meeting of October 17, 2023
Restrooms- As was communicated during the November 1, 2022 Council meeting, outdoor public restrooms are difficult to maintain due to heavy vandalism and illicit activities that occur in public restrooms. In efforts to mitigate some of the restroomrelated issues, City Staff is proposing an innovative restroom, known as the The Portland Loo. Attached to this report is information regarding the Portland Loo. The Portland Loo is designed specifically to prevent problems that are commonly experienced with public toilets. The sleek and modern kiosk discourages crime with graffiti-proof wall panels and open grating meant to deter drug use and prostitution.

While it is anticipated the Portland Loo will decrease maintenance costs, it is an additive to Change Order #1, as it increases project costs by $66,378.

Change Order #1- The total of Change Order #1 is $223,550, including a 10 percent contingency. This would include a traditional cinder block, single-stall restroom.

Additive Change Order #1- The cost of Change Order #1 with the Portland Loo and a 10 percent contingency is $296,565.

Change Order #1- Single Stall Restroom $223,550
Change Order #1- Portland Loo Restroom $296,565
City Staff seeks direction from the Council as to what restroom option should be included as a feature in the Dog Park project.

CONCLUSION:

Staff recommends the following actions:
• Approval of Change Order #1, which includes a Single Stall Restroom, and approve a budget amendment in the amount of $200,000 from the Debbie Pittman Lighting Field Project and allocation of the project savings to the Dog Park Project. Additionally, reallocate $23,550 from the Swarthout Park Field Lighting Project to the Dog Park Project.

OR
• Approval of Change Order #1, which includes a Portland Loo Restroom, and approve a budget amendment in the amount of $200,000 from the Debbie Pittman Lighting Field Project and allocation of the project savings to the Dog Park Project. Additionally, reallocate $96,565 from the Swarthout Park Field Lighting Project to the Dog Park Project.

OR
• Provide alternative direction to Staff.

ATTACHMENTS:
• Cost Breakdown for Change Order (PDF)
• Dog Park Site Plan (PDF)
• Portland Loo Information (PDF)
18 Packet Pg. 402
Base Contract Budget Actual Difference Reason
Sewer/Water to Restroom $90,000 $203,457.00 -$113,457.00 Restrooms (utilities included) $132,242 $132,242.00 $0.00 Original Contract Restroom Shade $58,306 $60,306.00 -$2,000.00 Lights under shade
Fence $75,000 $118,890.00 -$43,890.00 Mow Curb under fence Parking Stalls $80,000 $93,716.00 -$13,716.00 Add concrete gutter, ADA, material increase IID Service (Power)+contractor $60,000 $47,700.00 $12,300.00 City to pay fee Lighting $20,000 $35,000.00 -$15,000.00 Added Street Light Concrete Path & Drive $52,000 $55,070.00 -$3,070.00 Material Incresase Park Sign $10,000 $10,000.00 $0.00 Allowance
AC Seal Coat $9,000 $18,180.00 -$9,180.00 Added area for reapirs Landscape $30,000 $0.00 $30,000.00 Delete from Contract, City to perform scope Plans/Engineering $40,897 $42,782.00 -$1,885.00 Added Design General Conditions $120,816 $137,637.00 -$16,821.00 Added Bond, Added Supervision Sub Total $778,261 $954,980.00 -$176,719.00
OH / Fee $116,739 $143,247.00 -$26,508.00
Base Contract Total $895,000 $1,098,227.00 -$203,227.00 <- Total COR #1 The Portland Loo Quote $165,620.00
Crane, Foundation, Utilities $33,000.00
Portland Loo Total $198,620.00
Original Contract Restroom $132,242.00
Total COR.1 Add. Alt. 1 $66,378.00
Dog Park
Contract Breakdown
Exhibit A.2.1
Change Order Request 1 Additive Alternatives
Further location, increase in materials, add paving, add repairs, traffic control, design, testing
Change Order #1- Single Stall Restroom
$203,227.00 + 20,323.00 (Contingency) = $223,550
Change Order #1- Portland Loo Restroom
$269,605.00 + $26,960.00 (Contingency) = $296,565

18.a
Packet Pg. 403 Attachment: Cost Breakdown for Change Order (6171 : Change Order No. 1 - Dog Park Construction

DUGGINS CONSTRUCTION PARTNERS IN DEVELOPMENT INC

CONCEPTUAL SITE PLAN

ENLARGED SITE PLAN

RESTROOM FLOOR PLAN NORTH ELEVATION WEST ELEVATION

18.b
Packet Pg. 404 Attachment: Dog Park Site Plan (6171 : Change Order No. 1 - Dog Park Construction Contract) Portland Loo Photos

18.c
Packet Pg. 405 Attachment: Portland Loo Information (6171 : Change Order No. 1 - Dog Park Construction Contract) 10/11/23, 1:34 PM City Managers - The Portland Loo
https://portlandloo.com/city-managers/ 1/2
THE TOILET THAT’S CITYAPPROVED AND WELL-USED
Reducing crime and waste is a priority that most cities have at the top of their list. But when you’re balancing demands from several different department staff,
volunteers, and elected officials, it can be tricky to find a solution that satisfies everyone AND fits into your
budget.

Lucky for you, you found The Portland Loo .

The Portland Loo was developed by Madden Fabrication with Portland City staff and officials. Together, we specifically designed it to prevent problems of other public restrooms, including cleanliness, crime, and upkeep.

So durable, it’s almost indestructible.

The heavy-gauge stainless steel wall panels are strong and yet lightweight. With a graffiti-proof coating, they’re easy to clean with a hose. All of the plumbing and building components are commonly used too, so they’re easy to replace or upgrade.

Promotes safety, while allowing for privacy.
®
® Privacy - Terms
protected by reCAPTCHA
-

18.c
Packet Pg. 406 Attachment: Portland Loo Information (6171 : Change Order No. 1 - Dog Park Construction Contract) 10/11/23, 1:34 PM City Managers - The Portland Loo
https://portlandloo.com/city-managers/ 2/2
There’s open grates at the bottom and top of the Loo, which allows law enforcement or security personnel to see and hear how many people are inside.

Yet each occupant has the privacy where it matters in order to use the facility without worry.

Discourages lingering and crime inside.

The hand-washing feature is on the exterior, which deters anyone from lingering too long inside the restroom, and prevents any clothing or body washing inside.

This also creates efficiency, allowing more people to use it in any given time period.

An elegant design that’s also inexpensive.

The minimalistic approach resulted in a sleek and modern design, which also means there isn’t unnecessary components that add to the cost. And the solarpanels on the roof allow the unit to be powered entirely by solar power off-grid, or in combination with low level volt power.

Proven to help the City of Portland.

The oldest Portland Loo is 10 years old, is still in use, and looks new! The proven success of the Loo has earned the city its first patent, so Portland also gets a percent of the profit each time one is sold to another city or organization.

There’s no doubt that this is your safest choice for a freestanding public restroom.

The Portland Loo design is a registered trademark of the City of Portland.

Copyright © 2023 The Portland Loo . All rights reserved. Constructed by hostdoodle, A service of burnett media group.

WHY GO WITH THE PORTLAND LOO ABOUT LOCATIONS BLOG SOCIAL FAQ WHAT OTHERS ARE SAYING PRIVACY POLICY

NEWSLETTER CONTACT
®
®

®
®

18.c
Packet Pg. 407 Attachment: Portland Loo Information (6171 : Change Order No. 1 - Dog Park Construction Contract) City Council of the City of El Centro Meeting: 10/17/23 11:30 AM 1275 Main Street Department: Public Works
El Centro, CA 92243 Category: Resolution
Prepared By: Elizabeth Zarate
SCHEDULED Department Head: Abraham Campos
ACTION ITEM (ID # 6048) DOC ID: 6048
Authorize the disposal of Obsolete and Surplus City Property by Auction or Sale
CITY MANAGER’S RECOMMENDATION:

Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO DECLARING AND AUTHORIZING THE DISPOSAL OF OBSOLETE

AND SURPLUS CITY PROPERTY BY AUCTION OR SALE
FISCAL IMPACT:

Potential small revenue to General Fund and Enterprise funds by sale of surplus property.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal 1 Financial & Governance Stability & Sustainability DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

N/A
BACKGROUND:

The Public Works Department is responsible for the maintenance of all City vehicles and disposing of vehicles once no longer needed for public purposes.

DISCUSSION:

The El Centro Public Works Department is currently in possession of vehicles and equipment from various departments all which are in various stages of disrepair, or have become obsolete. They have mechanical issues ranging from transmission repairs, electrical failures, and fluid leakages to name a few. Many of the vehicles do not meet current fuel and emission industry standards. Performing maintenance and repairs to these aging vehicles is cost prohibitive. The cost to repair the vehicle exceeds the value of the vehicle in many cases.

Many of these various vehicles and equipment were identified as eligible for replacement over the last budget cycles and have been replaced. The vehicles and equipment were purchased between 1988 and 2016 and are listed in Exhibit A of this report and of the attached resolution.

Staff is requesting approval of the items listed in Exhibit A as Surplus property in accordance with the provisions outlined in City Code Section 2-181 and 2-182 and direct the Public Works Director to auction, sale, or trade-in the vehicles or equipment in a manner that is most economically advantageous for the city.

To assist in the auction, the El Centro Public Works Department currently is in subcontract with PropertyRoom.com to auction off miscellaneous property, including city 19 Packet Pg. 408
Action Item (ID # 6048) Meeting of October 17, 2023
vehicles and equipment. Public Works may solicit trade-in quotes for vehicles and equipment to offset the purchase of new needed vehicles and equipment, or received quotes for purchase of equipment as scrap metal.

CONCLUSION:

Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO DECLARING AND AUTHORIZING THE DISPOSAL OF OBSOLETE

AND SURPLUS CITY PROPERTY BY AUCTION OR SALE
ATTACHMENTS:
• Resolution - Final 10.04.23 (DOCX)
• Exhibit A - Surplus Property List v2 (PDF)
19 Packet Pg. 409
08/2023/cdz/A23-0175/Reso/AuctionObsoleteSurplusVehiclesEquip RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO DECLARING AND AUTHORIZING THE DISPOSAL

OF OBSOLETE AND SURPLUS CITY PROPERTY BY

AUCTION OR SALE
WHEREAS, the City Council of the City of El Centro, California (the “City Council”) finds that the following property of the Public Works Department listed in Exhibit “A”, attached and incorporated, is no longer needed for the City of El Centro (the “City”) use; and WHEREAS, the City Council finds that the property can no longer be used by the Public Works Department or by any other department within the City; and WHEREAS, the City Council finds that property is surplus to the City’s needs; and WHEREAS, El Centro City Code Section 2-181 provides that the purchasing officer may solicit and accept advantageous trade-in allowances for personal property of the city which has been determined by the council to be no longer required for public use, and may award any bid to the bidder submitting the lowest net bid after deduction of such trade-in allowance; and WHEREAS, El Centro City Code Section 2-182 provides that purchasing officer, Public Works Department or designee, with approval of the City Council, may sell any personal property at public auction; and
WHEREAS, the City Council further finds that the sale of such surplus personal property is desirable and in the best interests of the City;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS;

1. That the foregoing is true, correct and adopted.

2. That the City Council does hereby authorize the Public Works Department or designee, to proceed with disposal of said surplus property in compliance with the provisions of Section 2-181 and Section 2-182.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro held on the day of , 2023.

CITY OF EL CENTRO
By __________________________
Martha Cardenas-Singh, Mayor

19.a
Packet Pg. 410 Attachment: Resolution - Final 10.04.23 (6048 : Auction of Obsolete Vehicles/Equipment) 08/2023/cdz/A23-0175/Reso/AuctionObsoleteSurplusVehiclesEquip ATTEST:

By ____________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:

Office of the City Attorney
By _______________________________
Elizabeth L. Martyn, City Attorney

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Resolution No. 23- was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By ___________________________
Norma Wyles, City Clerk

19.a
Packet Pg. 411 Attachment: Resolution - Final 10.04.23 (6048 : Auction of Obsolete Vehicles/Equipment) Auc. # Year Make/ Model Mileage Lic.# Unit
1 1988 Ford F-150 17,368 E095012 1FTDF15Y3JPA67415 30
2 2008 Chevy Colorado 84,839 1251977 1GCCS14E388169574 141 3 2002 Chevy Truck 117,198 1262551 2GCEC19V121294033 200 4 1998 Ford Windster Van 39,940 53451 2FMDA5149WBB8000 348 5 1998 Ford F-450 60,010 E056211 1FDXF4650XEA66229 349
6 1998 Ford F-150 119,111 53470 1FTZX1766WKB51991 47
7 1994 Chevy 3500 83,045 OO6670 1GBJC34K2RE264639 49
8 2001 Ford F-450 130,903 1355836 1FDOX4GY5BEB81306 43
9 1998 Ford Ranger 104,745 53408 1FTYR10UXWPA57064 78
10 2002 Chevy 2500 54,502 1101341 1GCHC29V2E218739 302
11 2002 Chevy 2500 157,602 1101339 1GCHC29U02E218084 42 12 1998 Upright Manlift 2057 hrs. A/B 46 1339 122
13 2002 Chevy 2500 81,979 1101340 1GCHC29V72E219281 175 14 1998 Ford Ranger 127,532 53409 1FTYR10V8WPA56768 311 15 2007 Chevy C1500 104,683 1246246 1GCEC19017Z509817 373 16 2008 Chevy Colorado 95,001 1262522 1GCCS14E888152575 97 17 2002 Chevy 2500 99,879 1101342 1GCHC29U12E220278 68
18 2007 Chevy Silverado 123,472 1246246 1GCEC19037Z504747 372 19 2002 Chevy Tahoe 99,879 1101312 1GNEK13Z32J233942 64 20 2005 Ford Taurus 46,810 1218101 1FAFP53225A239833 366 21 2002 Chevrolet Malibu 57,494 1101311 1G1ND52J22M644634 310 22 2013 Chevy Caprice 65,701 1393152 6G1MK5U24DL817038 P 131 EXHIBIT "A"

SURPLUS PROPERTY

CITY OF EL CENTRO PUBLIC WORKS YARD
307 W. Brighton Ave., El Centro, CA.

Vin# / Serial #
Revised 10.12.23 LZ 1 of 2

19.b
Packet Pg. 412 Attachment: Exhibit A - Surplus Property List v2 (6048 : Auction of Obsolete Vehicles/Equipment) Auc. # Year Make/ Model Mileage Lic.# Unit
23 2013 Chevrolet Caprice (Blk-Wht) 64,731 1393151 6G1MK5U20DL317036 P 134 24 2013 Chevy Caprice 154,060 1393154 6G1MK5U27DL816532 P132 25 2010 Chevy Tahoe 70,260 1370453 1GNMCAE09AR207479 P107 26 2010 Ford Crown Vic 69,818 7BEZ884 2FABP7BVXAX127613 D102 27 2009 Ford Crown Vic 69,971 7BAW161 2FAHP71V29X121649 D091 28 2003 Mighty Mover Trailer N/A 1124285 4AGCU22223CO35133 593 Trailer 29 2013 Chevy 2500 HD 38,621 1307535 1GB0CVCG8DF163385 94 30 2016 Ford Explorer 94,198 1471555 1FM5K8R5GGA96894 P167 31 2016 Ford Explorer PPV (Blk-Wht) 91,957 1471548 1FM5K8ARXGGA96888 P 161 32 2016 Ford Utl. AWD 42,488 1471550 1FM5K8AR3GGA96893 P 166 33 2015 Ford Utl. AWD 80,528 1445066 1FM5H8AR0FGB13017 P 153 34 2015 Ford Utl. AWD 90,981 1445069 1FM5K8AR9FGB13016 P 155 35 2015 Ford Utl. AWD 103,200 1445071 1FM5K8AR7FGB13015 P 156 36 2015 Ford Explorer 79,210 1465459 1FM5K8AR8FGB68251 P159 37 2002 CAT 446 B 4886 hrs. N/A 5BL02544 163
38 1992 916 Loader CAT 4795 hrs. 368581 5KCO1897 85
39 2006 Case 580 Super 4537 hrs. N6C415150 371
40 2002 Chevy 1500 Silverado 66,405 1101315 2GCEC19V3298004 62 S1 1998 Meco - 35 110 hours 41770 97090579 7
S2 1996 Grimmer Schmidt 987 hours 950908 175Q 175-18618 29 S3 N/A Demco Kar Kaddy N/A N/A N/A N/A
S4 N/A Wayne Wood Chipper N/A N/A B16T-5202 N/A
S5 1993 Toro 223 Riding Mower N/A N/A L3E 34078 30223-30443 328 S6 1990 Toro 322 Riding Mower N/A N/A 1G3D 83287 30795-00553 315 S7 N/A Yamaha Quad Terrapro N/A N/A N/A N/A
S8 Honda 4514
Vin# / Serial #
Revised 10.12.23 LZ 2 of 2

19.b
Packet Pg. 413 Attachment: Exhibit A - Surplus Property List v2 (6048 : Auction of Obsolete Vehicles/Equipment) City Council of the City of El Centro Meeting: 10/17/23 11:30 AM 1275 Main Street Department: Engineering Division
El Centro, CA 92243 Category: Informational
Prepared By: Abraham Campos
SCHEDULED Department Head: Abraham Campos
INFORMATION ITEM (ID # 6172) DOC ID: 6172
Imperial and Villa local emergency update
FISCAL IMPACT:

No impact to the general fund. Potentially $1.1 million to $1.3 million in Wastewater enterprise funds.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

NA
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

NA
BACKGROUND:

On June 9, 2023, during a routine sewer main inspection, a large void was discovered in a sewer inspection hole wall at the Imperial Avenue and Villa Avenue Intersection. A large void was discovered under the intersection on the other side of said hole. Staff implemented traffic control measures to protect the area from collapsing and producing additional damage.

City Code Section 2-185.14 provides that the City Manager is authorized to task direct emergency repairs and notify the Council of that action.

A Local Emergency Proclamation was approved by the City Council on June 26, 2023.

Per Cal. Gov't Code Section 22050, staff will return with an update on the emergency every Council meeting for review until the repairs are complete.

UPDATE:

Caltrans encroachment permit was obtained and bypass system has been installed.

Final repairs begun October 10, 2023 and are expected to be completed mid October The following vendors/contractors have assisted with the work. Below is rough order of magnitude figures expected for the work.

Pyramid Construction - Road force main crossing - $385,000 Rove Engineering - Manhole repairs - $380,000
Rain for Rent - Sewer Bypassing system - $350,000
20 Packet Pg. 414