Agenda packet — Mayor and City Council, October 4, 2023 (part 2 of 4)

be limited to, monitoring the use of grant funds, provide technical assistance when needed, and to visit the State funded project.

54. 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 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.

55. 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.

56. 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.

57. 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 DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3

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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.

58. 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.

59. 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 $43,642. 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 drug- free workplace by taking the following actions:
a. Publish a statement notifying empl oyees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
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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 compan y'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 drug- free 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 drug- free 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.

Certification

ORGANIZATION
Name: Address (official and complete):

PROJECT COORDINATOR
Name:

Email: Phone:

GRANTTEE AUTHORIZED REPRESENTATIVE
Name: Title:

Email: Phone:

Signature: Date:

DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3 [email protected]
[email protected]
555 W. Sixth St., San Bernardino, CA. 92410
Dana Petersen
Library Director
7/18/2023
Edward Erjavek
San Bernardino Public Library
909-381-8215
909-381-8210

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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: B7B0726E-1BC8-43D9-9951-1948FF710DD3 7/18/2023
Greg Lucas
555 W. Sixth St.,
Library DirectorEdward Erjavek
7/18/2023
San Bernardino Public Library

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EXHIBIT B: 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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5 June 2023
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-country- information/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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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.

(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 #: ESL21-3-38 Date:

Invoice #:

ESL21-3-38-01 PO #:

Payee Name: San Bernardino Public Library
(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: $43,642 Type of Payment:
(Payable Upon Execution of Agreement) ☐ PROGRESS
Grantee Name: San Bernardino 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: B7B0726E-1BC8-43D9-9951-1948FF710DD3 7/18/2023
Library Director
555 W. Sixth St., San Bernardino, CA. 92410
Edward Erjavek
6348
7/19/2023

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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)
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 ADDRE SS
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) CORPORATION (see instructions on page 2)☐ SOLE PROPRIETOR / INDIVIDUAL ☐ 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 s ole 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 serv
ices performed in California
☐Copy of Fr
anchise 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 TITL E E-M AIL ADDRESS SI

GNATURE DATE TEL
EPHONE (include area code)
Section 6 – Paying State Agency
Please return completed form to:

STATE AGENCY/DEPARTMENT OFFICE U NIT/SECTION
M

AILING ADDRESS F
AX T
ELEPHONE (include area code)

CITY S TATE Z IP CODE E -MAIL ADDRESS
Print Form
Reset Form
DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3 [email protected]
CA

Ca. State Library

95814

909-381-8210
900 N Street

Sacramento
Admin/Accounting
[email protected]

Ed Erjavek Library Director

07/18/2023

916-603-7157

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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 subjec t to IRS TIN matching (when applicable).
• Sole Proprietor/Individual/Revocable Trusts – enter the name shown on your federal tax return. • Si
ngle 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 t
he 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 st ate provide their Taxpayer Identification Number (TIN). The TIN is required by R&TC sections 18646 and 18661 to facilitate tax com pliance 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. •
A
n 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
F
or 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.

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

W
ithholding Services and Compliance Section: 1-888-792-4900 E-mail address: [email protected] F
or 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 signe e 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.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 4, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Ed Erjavek, Library Director
Department: Library
Subject: Library Revenue and Expense Budget (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-149 approving:

1. Accepting funding of $10,400.00 from the Inland Library System, $215.85 from the New Hope Missionary Baptist Church and $163.00 from San Bernardino Emblem Club No. 178.

2. Authorizing the Agency Director of Administrative Services to amend the FY 2023/24 Adopted Budget for the Library including $10,778.85 in both revenues and expenditures.

Executive Summary
The Library recently received a total of $10,778.85 from three sources of revenue: the Inland Library System (ILS), the New Hope Missionary Baptist Church and the San Bernardino Emblem Club No.178. To utilize these funds for programmatic purposes it is recommended that the Mayor and City Council formally accept the funds and amend the FY 2023/24 Adopted Budget.

Background
San Bernardino Public Library (SBPL) has recently received additional revenue from- three sources:
•$10,400.00 from the Inland Library System (ILS) for electronic resources for patrons.
•A donation of $163.00 was received from the San Bernardino Emblem Club

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No.178 for children’s projects and/or books.
•$215.85 from New Hope Missionary Baptist Church for the replacement of library books at Inghram Branch Library.

The Library has received electronic resources funding from the Inland Library System and the donation from San Bernardino Emblem Club No. 178 annually for the last several years. The revenue from new Hope Missionary Baptist Church is one-time funding.

Discussion
The funds listed above need to be added to the Library revenue and expense budget.

The $10,400.00 in ILS funds are for e-content and have traditionally been dedicated to purchasing Overdrive eBook and eAudiobook content for library cardholders. 2021-2025 Strategic Targets and Goals
The acceptance and administration of this funding aligns with Key Target No. 1:

Financial Stability and Key Target No. 3: Improved Quality of Life, by improving customer service.

Fiscal Impact
There is no net impact to the General Fund. Both revenue and expenditure will be increased in the amount of $10,778.85. Revenues received will directly offset the expenses incurred to purchase content for its patrons.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-149 approving:

1. Accepting funding of $10,400.00 from the Inland Library System, $215.85 from the New Hope Missionary Baptist Church and $163.00 from San Bernardino Emblem Club No. 178.

2. Authorizing the Agency Director of Administrative Services to amend the FY 2023/24 Adopted Budget for the Library including $10,778.85 in both revenues and expenditures.

Attachments
Attachment 1 Resolution 2023-149
Ward
All Wards
Synopsis of Previous Council Actions
March 1, 2023 The Mayor and City Council Adopted Resolution No. 2023-033 of the Mayor and City Council of the City of San Bernardino, California.

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Resolution No. 2023-149
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RESOLUTION NO. 2023-149

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
ACCEPTING FUNDING OF $10,400 FROM THE INLAND
LIBRARY SYSTEM, $215.85 FROM THE NEW HOPE
MISSIONARY BAPTIST CHURCH AND $163 FROM SAN
BERNARDINO EMBLEM CLUB NO. 178 AND

AUTHORIZING THE AGENCY DIRECTOR OF

ADMINISTRATIVE SERVICES TO AMEND THE FY
2023/24 ADOPTED BUDGET FOR THE LIBRARY
INCLUDING APPROPRIATING $10,778.85 IN REVENUES
AND EXPENDITURES.

WHEREAS, Accepting funding of $10,400 from the Inland Library System, $215.85 from the New Hope Missionary Baptist Church and $163 from San Bernardino Emblem Club No. 178; and
WHEREAS, the San Bernardino Public Library will utilize this funding to increase its materials and resources for its Library cardholders; and

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The Mayor and City Council hereby authorize the Agency Director of Administrative Services to amend the FY 2023/24 Adopted Budget for the Library including appropriating $10,778.85 in revenues and expenditures.

SECTION 3. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 5. Effective Date. This Resolution shall become effective immediately.

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Resolution No. 2023-149
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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this day of 2023.

Helen Tran, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

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Resolution No. 2023-149
Resolution 2023-149
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CERTIFICATION

STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO)
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-149, adopted at a regular meeting held on the 4th day of October 2023 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT

REYNOSO
CALVIN

ALEXANDER
WITNESS my hand and official seal of the City of San Bernardino this day of 2023.

Genoveva Rocha, CMC, City Clerk

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 4, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager
Lydie Gutfeld, Director of Parks, Recreation, and Community Services
Department: Parks, Recreation, and Community Services
Subject: Older Californians Nutrition Program Grant Award FY 2023/24 and Related Purchase Orders
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-150 authorizing:

1. City Manager or designee to accept the San Bernardino County Department of Aging and Adult Services – Public Guardian Grant Award in the amount of $376,667;

2. Agency Director of Administrative Services, or designee, to appropriate the grant funds to the FY 23/24 operating budget;

3. Agency Director of Administrative Services, or designee, to approve purchase orders for continued operation of the Senior Nutrition Program for the period of July 1, 2023, through June 30, 2024 as follows:
a. Sysco Foods: $183,500 b. Hollandia Dairy: $23,500 c. Consulting Health Nutrition Services, Inc.: $17,000

4. Agency Director of Administrative Services, or designee, to amend the operating budget for Senior Nutrition to $105,000, including an additional $20,000 to ensure the needs of the program are met.

Executive Summary
Grant funds from the Older Californians Nutrition Program have been awarded to the City in the amount of $376,667 for fiscal year (FY) 2023/24. Funds are administered by San Bernardino County Department of Aging and Adult Services – Public Guardian and will enable the City to continue providing services to older adults through its Senior Nutrition Program. An additional $20,000 is requested to ensure the needs of the

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community are met. The Older Californians Nutrition Program grant period runs July 1, 2023, through June 30, 2024.

Background
The City of San Bernardino administers the Senior Nutrition Program for older adults ages 60 years and older throughout the city. The program provides lunch and dinner meals Monday through Friday year-round at six (6) nutrition sites: 5th Street Senior Center, Perris Hill Senior Center, Hernandez Community Center, Lytle Creek Community Center, New Hope Family Life Center, and Highland Senior Center.

Meals are prepared in the main kitchen at the 5th Street Senior Center and safely delivered to the other sites. Participants have the option to dine in or pick up their meal to take home. During FY 2022/23, a total of 60,741 meals were provided and, on average, 275 individual clients were served per day.

The City’s Senior Nutrition Program is supported by grant funds from the Older Californian Nutrition Program, which are administered locally through San Bernardino County Department of Aging and Adult Services – Public Guardian (DAAS-PG). On June 1, 2022, the City entered into an agreement with DAAS-PG to provide senior nutrition services to residents; the term of the agreement is through June 30, 2025.

On June 15, 2022, the Mayor and City Council approved Request for Qualification No:

F-22-53 for Food Supplies and Consumable Products for the Senior Nutrition Program, and it was determined that Sysco Foods and Hollandia Dairy, Inc. were the best responsive bidders. Subsequently, three (3) year agreements with the option to extend twice in one-year increments were approved; annual purchase orders would be issued.

In addition to these agreements, an agreement was also executed to Consulting Health Nutrition Services, Inc. for the same terms to provide nutrition and health counseling to participants. Issuing annual purchase orders ensures the City continues to provide these critical services without interruption or delays.

Due to rising costs of food and fuel and the increase in the number of meals provided, staff have determined that additional funding will be needed from the General Fund to ensure the City can continue to meet the needs of the community amid increasing service levels. Staff estimate the increased cost to be approximately $20,000 more than what was allocated in the FY23/24 budget for the Senior Nutrition Program.

Discussion
On September 11, 2023, DAAS-PG issued a Budget Approval to the City of San Bernardino for the Senior Nutrition Program for FY 2023/24 in the amount of $376,667.

This is an increase from the previous year’s allocation of $369,749, citing a 21% increase in the number of meals served and the opportunity for additional mid-year funding. The allocation is for the second (2nd) year of the three (3) year grant cycle.

The City projects serving at least 62,300 meals during this fiscal year at the six nutrition sites.

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Funds from the grant will pay for these PO encumbrances. The three vendors recommended for PO approval are food vendors for raw foods and services for menu and senior nutrition consultation. FY2023/2024 is the first of the two one-year renewals.

Staff recommends approval for the issuance of purchase orders as follows:

Sysco Foods: $183,500 Hollandia Dairy: $23,500 Consulting Health Nutrition Services: $17,000

2021-2025 Strategic Targets and Goals
This proposal aligns with Goal No. 1: Financial Stability by securing a long-term revenue source, and Goal No. 3: Improved Quality of Life by providing low-cost nutritious meals for the senior aged population.

Fiscal Impact
An additional $20,000 for the operations of the Older Californians Nutrition Program is requested to cover the projected costs to meet the needs of the community in FY 23/24.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-150 authorizing:

1. City Manager or designee to accept the San Bernardino County Department of Aging and Adult Services – Public Guardian Grant Award in the amount of $376,667;

2. Agency Director of Administrative Services, or designee, to appropriate the grant funds to the FY 23/24 operating budget;

4. Agency Director of Administrative Services, or designee, to amend the operating budget for Senior Nutrition to $105,000, including an additional $20,000 to ensure the needs of the program are met.

Attachments

1. Attachment 1 RESOLUTION 2023-150, 2023-2024 Older Californian Nutrition Program Grant, 2nd Year

2. Attachment 2 2022-25 OCNP Grant, Exhibit A – County Contract No. 22- 666

3. Attachment 3 2022-25 OCNP Grant Intent to Award

4. Attachment 4 2022-23 OCNP Grant Program Budget Detail Sheet

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Ward:

All Wards
Synopsis of Previous Council Actions:

June 15, 2022 Mayor and City Council adopted Resolution No. 2022-126, approving San Bernardino County Department of Aging and Adult Services (DAAS) Contract No. 22-666 for Elderly Nutrition Program Services in the amount of $1,220,000 for the contract period of July 1, 2022 through June 30, 2025; ratifying the Grant Budget submittal and accepting the Grant Award of $348,749.

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Resolution No. 2023-150
Resolution 2023-2023
October 4, 2023

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RESOLUTION NO. 2023-150

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADOPTING RESOLUTION NO. 2023-XXX, AUTHORIZING

THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT
THE DEPARTMENT OF AGING AND ADULT SERVICES –

PUBLIC GUARDIAN (DAAS-PG) GRANT AWARD IN THE
AMOUNT OF $376,667, AUTHORIZING THE AGENCY

DIRECTOR OF ADMINISTRATIVE SERVICES, OR

DESIGNEE, TO APPROPRIATE THE GRANT FUNDS TO
THE FY 23/24 OPERATING BUDGET, AUTHORIZING THE

AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES,

OR DESIGNEE, TO APPROVE CERTAIN RELATED

PURCHASE ORDERS FOR CONTINUED OPERATION OF

THE OLDER CALIFORNIANS NUTRITION PROGRAM
FOR THE PERIOD OF JULY 1, 2023 THROUGH JUNE 30,
2024, SYSCO FOODS ($183,500), HOLLANDIA DAIRY
($23,500), AND CONSULTING NUTRITION SERVICES
($17,000), AND AUTHORIZING THE AGENCY DIRECTOR

OF ADMINISTRATIVE SERVICES, OR DESIGNEE, TO
AMEND THE FY 23/24 OPERATING BUDGET FOR
SENIOR NUTRITION TO $105,000, INCLUDING AN
ADDITIONAL $20,000 TO ENSURE THE NEEDS OF THE
PROGRAM ARE MET.

WHEREAS, on May 23, 2022, the County of San Bernardino Department of Aging and Adult Services (DAAS) issued a contract for approval by the City of San Bernardino to provide Elderly (Older Californians) Nutrition Program Services for the three (3) year grant cycle in the amount of $1,220,000 for the contract term of July 1, 2022 through June 30, 2025; and, WHEREAS, the City of San Bernardino submitted a request for approval of a proposed FY 2023-24 Older Californians Nutrition Program Grant Budget to the County of San Bernardino Department of Aging and Adult Services – Public Guardian (DAAS-PG) for the second year of a three (3) year grant cycle to provide an Older Californians Nutrition Meal Program; and WHEREAS, on September 11, 2023, the County of San Bernardino Department of Aging and Adult Services – Public Guardian (DAAS-PG) issued an e-mail of Budget Approval (City of San Bernardino IIIC 2023-24 Orig. Budget Completed Revised 8-29-23) to the City of San Bernardino, approving a County of San Bernardino Nutrition Services Congregate/Home Delivered Meal Program Budget for FY2023-24 to provide Elderly (Older Californians) Nutrition Program Services; and,

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October 4, 2023

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WHEREAS, on April 6, 2022, the Purchasing Division of the Finance Department issued RFQ No. F-19-47 for Food Supplies and Consumable Products for Senior Nutrition Center, and it was determined that Sysco Foods and Hollandia Dairy, Inc. were the best bidders, with a multi- year service contract.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The Mayor and City Council of the City of San Bernardino hereby authorize the City Manager or his Designee to accept the Department of Aging and Adult Services – Public Guardian (DAAS-PG) Grant Award Budget in the amount of $376,667; and SECTION 3. The Mayor and City Council of the City of San Bernardino hereby authorize the Director of Finance, or designee, to adjust the existing budget appropriations amongst the Parks, Recreation and Community Services accounts to accurately reflect the grant budget and grant match budget consistent with the adopted staff report; and SECTION 4. The Mayor and City Council hereby authorize the Agency Director of Administrative Services, or designee, to approve certain related purchase orders for continued operation of the Older Californians Nutrition Program for the Period of July 1, 2023, through June 30, 2024; Sysco Foods ($183,500), Hollandia Dairy ($23,500), and Consulting Health Nutrition Services ($17,000), and include an additional $20,000 to ensure the needs of the program are met for FY 23/24..

SECTION 6.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 7.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 8. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of October 2023.

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Resolution No. 2023-150
Resolution 2023-2023
October 4, 2023

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Helen Tran, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

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Resolution No. 2023-150
Resolution 2023-2023
October 4, 2023

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-150, adopted at a regular meeting held on the 4th day of October, 2023 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______

WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2023.

Genoveva Rocha, CMC, City Clerk

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Schedule
"H"CITY OF SAN BERNARDINO, CALIFORNIA
DEPARTMENT: Parks & Recreation
PROJECT #: 0513 Sr. Nutrition Grant 2023-24
Account Number Description
FY2023-24
BUDGET

ESTIMATES MATCH TOTAL
Grant Name:
123-380-0513 001-380-0514
Salaries
5011 Salaries perm/fulltime 77,796 77,796
5013 Automobile allowance -
5014 Salaries temp/parttime 151,422 29,524 180,946
5015 Overtime -
Total: Salaries 229,218 29,524 258,742
Benefits
5026 PERS retirement 7,543 7,543
5027 Health and life insurance 9,060 9,060
5028 Unemployment insurance -
5029 Medicare 3,811 3,811
5034 CalPERS Unfunded Liability 20,000 20,000
Total: Benefits 20,414 20,000 40,414
Total: Salaries & benefits 249,632 49,524 299,156
Maintenance and Operations
5111 Material and supplies -
5112 Small tools & equip (consumables) 19,000 19,000
5114 Raw foods 85,935 102,065 188,000
5122 Dues and subscriptions -
5131 Mileage -
5132 Meetings and conferences -
5133 Education and training -
5150 Utilities 69,802 69,802
5172 Equipment maintenance 3,000 3,000
5174 Printing charges -
5175 Postage -
5176 Copy machine charges -
5181 Other operating expense 3,600 3,600
5186 Civic and promotional -
5193 Grant match -
Total: Maintenance and Operations 111,535 171,867 283,402 Contract Services
5502 Professional/contractual services -
5505 Other professional services 15,500 1,500 17,000
Total: Contractual Services 15,500 1,500 17,000
Internal Service Charges
5601 Garage charges - -
5602 Workers compensation - -
5603 Liability -
5604 IT charges in-house -
5605 Telephone support -
5606 Electric -
5612 Fleet charges - fuel -
Total: Internal Service Charges - - -
Capital Outlay
5703 Communications equipment -
Total: Capital Outlay - - -
Credit/billables
5910 Credit - federal and state program funding -
Total: Credit/billables - - -
Total: Non-Personnel Expenses 127,035 173,367 300,402
Grant Total 376,667 222,891 599,558
Revised 9-13-23
9/18/2023

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 4, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager
Lydie Gutfeld, Director of Parks, Recreation, and Community Services
Department: Parks, Recreation, and Community Services
Subject: 2023/2024 Senior Companion Program (SCP) – 3rd Year of a 3-Year Grant Award; All Wards
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-151,

1. Accepting the Senior Companion Program grant award in the amount of $332,662, and

2. Authorizing the Agency Director of Administrative Services, or designee, to appropriate the grant funds for the period of July 1, 2023, through June 30, 2024.

Executive Summary
Grant funds for the Senior Companion Program have been awarded in the amount of $332,662 for fiscal year 2023/24. The grant match requirement is a minimum of 10% of the total awarded amount. Funds are administered by the Corporation for National and Community Service (AmeriCorps for Seniors) and will enable the city to provide continued services to our aging population.

Background
Since 1975, the City has participated in the federally funded Senior Companion Program (SCP), whereby Senior Companion Volunteers have assisted the City’s senior-age adult residents with physical, emotional, and/or mental health needs. Most of the residents are elderly and have no family in the area.

Senior Companion Volunteers provide the following services: companionship, grocery shopping, transportation to medical appointments and personal errands, and providing relief for caregivers. The volunteers must be 55 years of age or older, meet established income eligibility guidelines, and pass a criminal background check. They serve

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between 10 to 40 hours per week and receive an hourly stipend of $4 per hour, as well as the following: accidental liability and excess automobile insurance coverage, assistance with the cost of transportation, and onboarding physical examinations.

The Senior Companion Volunteers are not only contributing to the community, they are also participating in a program that can give them a sense of purpose and belonging, keeps them active, and benefits their health and longevity.

In 2022/2023, approximately 20 Senior Companion Volunteers provided 47 clients with 19,155 hours of service.

Discussion
The City received a Notice of Grant Award in the amount of $332,662 from AmeriCorps for Seniors for fiscal year (FY) 2023/2024. This is the third year of a three-year grant cycle (07/01/2021 – 06/30/2024) and is included in the FY 2023/24 Budget and Budget Narrative for the administration and operation of the Senior Companion Program.

The proposed budget also specifies the City’s obligated grant match. The grant match requirement is a minimum of 10% of the total awarded amount. The FY 2023/2024 budget includes City-funded program costs in Account No. 001-380-0509 to fulfill the City’s grant match obligation in the amount of $112,368, and to fund the program at the level it has historically operated. It is estimated that our Senior Companion Volunteers will provide clients with 19,500 hours of service this year. 2021-2025 Strategic Targets and Goals
The grant submission for the Senior Companion Program aligns with Strategic Target No 1: Improved Operational & Financial Capacity by securing a long-term revenue source, and creating a framework for spending decisions; Strategic Target No 2:

Focused, Aligned Leadership and Unified Community by implementing a community engagement plan that builds a culture that attracts, retains, and motivates the highest quality volunteers; and Strategic Target No 3: Improved Quality of Life by providing assistance to seniors in the community.

Fiscal Impact
There is no impact to the General Fund with the acceptance of this grant. Budget amounts for both the grant and the required match were adopted as part of the FY 23/24 operating budget. This appropriation requires only an adjustment to the amounts estimated during budget adoption. This “true-up” to the actual grant received is completed annually.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California" prior to adopt Resolution No. 2023-151,

1. Accepting the Senior Companion Program grant award in the amount of $332,662, and

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2. Authorizing the Agency Director of Administrative Services, or designee, to appropriate the grant funds for the period of July 1, 2023, through June 30, 2024.

Attachments
Attachment 1 –Resolution No. 2023-151, 2023-2024 Senior Companion Program Grant, 3rd Year
Attachment 2 –2021-2022 SCP Grant Application
Attachment 3 –2023-2024 SCP Notice of Grant Award – Yr. 3 of 3 Attachment 4 - 2023-2024 SCP Grant Budget & Budget Narrative, Yr. 3 of 3 Ward:

All Wards
Synopsis of Previous Council Actions:

August 17, 2022 The Mayor and City Council approved Resolution No. 2022-180 ratifying the grant application submittal, accepting the grant award of $332,662 and related match requirements, appropriate grant revenue expenditures and grant match expenditures for the Senior Companion Program for the period of July 1, 2022 through June 30, 2023.

June 16, 2021 The Mayor and City Council approved Resolution No. 2021-153 ratifying the grant application submittal, accepting the grant award of $324,812 and related match requirements, appropriate grant revenue expenditures and grant match expenditures for the Senior Companion Program for the period of July 1, 2021 through June 30, 2022.

July 15, 2020 The Mayor and City Council adopted Resolution No. 2020-170 ratifying the grant application submittal, accepting the grant award of $324,812 and authorizing the Director of Finance or designee to amend the FY2020/21 adopted budget accordingly for the Senior Companion Program for the period of July 1, 2020 through June 30, 2021.

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Resolution No. 2023-151
Resolution 2023-151
October 4, 2023

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RESOLUTION NO. 2023-151

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADOPYING RESOLUTION NO. 2023-151, ACCEPTING THE
GRANT AWARD IN THE AMOUNT OF $332,662, AND

APPROPRIATING THE SENIOR COMPANION PROGRAM
GRANT FUNDS FOR THE PERIOD OF JULY 1, 2023
THROUGH JUNE 30, 2024
WHEREAS, the City submitted a Grant Application for federal assistance on March 06, 2023, requesting funding for Year THREE of a 3-Year Grant Allocation for the Senior Companion Program; and
WHEREAS, the Notice of Grant Award was received by the City for the Senior Companion Program on June 21, 2023; and
WHEREAS, the City has participated in the federally funded Senior Companion Program for 48 years; and
WHEREAS, individuals ages 55 years and older provide services that promote independent living of senior-age residents who have physical, emotional, or mental limitations and needs that prevent them from fulfilling daily living tasks; and WHEREAS, 20 individual Senior Companion Volunteers assisted 47 residents with 19,155 service hours; and

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The Mayor and City Council of the City of San Bernardino hereby ratify the submission of a grant application for year three of the Corporation of National and Community Service’s (AmeriCorps Seniors) Senior Companion Program (SCP) in the total amount of $445,030.

SECTION 3. The Mayor and City Council of the City of San Bernardino hereby accept the grant award in the amount of $332,662.

SECTION 4. The Mayor and City Council of the City of San Bernardino hereby authorize the Agency Director of Administrative Services to appropriate the grant funds for the period of July 1, 2023, through June 30, 2024.

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Resolution No. 2023-151
Resolution 2023-151
October 4, 2023

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SECTION 5. The grant award and matching funds, together totaling $445,030, are for operation of the Senior Companion Program from July 1, 2023, through June 30, 2024.

SECTION 8. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of October 2023.

Helen Tran, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

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Resolution No. 2023-151
Resolution 2023-151
October 4, 2023

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-151, adopted at a regular meeting held on the 4th day of October 2023 by the following vote:

WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2023.

Genoveva Rocha, CMC, City Clerk

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STATE APPLICATION IDENTIFIER:
21SCICA004
FEDERAL IDENTIFIER:
22SC244754
2b. APPLICATION ID:

3. DATE RECEIVED BY STATE:
03/10/22

4. DATE RECEIVED BY FEDERAL AGENCY:

San Bernardino, California, City ofLEGAL NAME:
290 N D ST
Jamie DanielsNAME:
(909) 384-5132
TELEPHONE NUMBER:
(909) 889-9801 FAX NUMBER:
[email protected] E-MAIL ADDRESS:
956000772

6. EMPLOYER IDENTIFICATION NUMBER (EIN): 7. TYPE OF APPLICANT:

8. TYPE OF APPLICATION (Check appropriate box).

If Amendment, enter appropriate letter(s) in box(es):

94.01610a. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER:

Senior Companion Program10b. TITLE: SCP of San Bernardino

11.a. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:

San Bernardino County: The San Bernardino Valley cities of San Bernardino, Fontana, Grand Terrace, Highland, Loma Linda, Redlands, Rialto, Colton, Blooming

12. AREAS AFFECTED BY PROJECT (List Cities, Counties, States, etc):
07/01/21START DATE: 06/30/24END DATE: CA 31
$ 332,662.00a. FEDERAL
$ 141,841.00b. APPLICANT
$ 0.00c. STATE
$ 141,841.00d. LOCAL
$ 0.00e. OTHER
$ 474,503.00g. TOTAL
Mitchell J. Assumma
a. TYPED NAME OF AUTHORIZED REPRESENTATIVE: b. TITLE:
(909) 384-5413
c. TELEPHONE NUMBER:
05/31/22
e. DATE SIGNED:

Local Government, Municipal
2a. DATE SUBMITTED TO CORPORATION

FOR NATIONAL AND COMMUNITY
SERVICE (CNCS):

1. TYPE OF SUBMISSION:

Non-Construction

5. APPLICATION INFORMATION

NAME AND CONTACT INFORMATION FOR PROJECT DIRECTOR OR OTHER PERSON TO BE CONTACTED ON MATTERS INVOLVING THIS APPLICATION (give area codes):

ADDRESS (give street address, city, state, zip code and county):

A. AUGMENTATION B. BUDGET REVISION
C. NO COST EXTENSION D. OTHER (specify below):

9. NAME OF FEDERAL AGENCY:

Corporation for National and Community Service

13. PROPOSED PROJECT: 14. CONGRESSIONAL DISTRICT OF:

15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS?
YES. THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR
REVIEW ON:

DATE:

17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
YES if "Yes," attach an explanation. NOX

18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN

DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED.

APPLICATION FOR FEDERAL ASSISTANCE
San Bernardino CA 92401 - 1734
NEW

CONTINUATION AMENDMENTX
7b.
7a.
03/10/22
Local Government - Municipal
f. PROGRAM INCOME $ 0.00

PART I - FACE SHEET
DUNS NUMBER: 073604563
Modified Standard Form 424 (Rev.02/07 to confirm to the Corporation's eGrants System) Application

NEW/PREVIOUS GRANTEE

11.b. CNCS PROGRAM INITIATIVE (IF ANY):

X NO. PROGRAM IS NOT COVERED BY E.O. 12372
d. SIGNATURE OF AUTHORIZED REPRESENTATIVE:

Year #:

X
2 a.Applicant b.Program CA 31
County:

UEI NUMBER: EJLMHR1CMKM7

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Executive Summary
Strengthening Communities
An estimated 50 AmeriCorps Seniors SCP volunteers will serve. All 50 AmeriCorps Senior Volunteers will be placed in Outcome assignments. Some of their activities will include Companionship, Light Housekeeping, Assistance with Meal Prep/Nutrition, Transportation, Family Caregiver Respite and Social Activities. The primary focus area of this project is Healthy Futures. At the end of the three-year grant, all independent in-home clients are expected to be less socially isolated and able to remain living at home for a longer period of time; all respite clients are expected to allow family caregivers the ability to go to work/attend to personal affairs. The AmeriCorps federal investment of $332,662 will be supplemented by $135,460 from the City of San Bernardino General Fund with an excess amount of $6,381.

The City of San Bernardino Senior Companion Program (SCP) in California utilizes low-income seniors to assist socially isolated, frail elderly, disabled adults in Colton, Fontana, Grand Terrace, Highland, Loma Linda, Redlands, Rialto, San Bernardino, and Yucaipa. AmeriCorps Senior Volunteers will serve to allow disabled adults the ability to remain independent in their homes and family caregivers respite to avoid caregiver burnout. Visually impaired clients will receive assistance with reading and writing and clients who are a fall risk will receive assistance ambulating. The City of San Bernardino Fifth Street Senior Center and the Perris Hill Senior Center Stations' volunteers serve 75% of the City of San Bernardino SCP clientele; specifically socially isolated, disabled adults. The remaining 25% of City of San Bernardino SCP clients are involved with Volunteer Station San Bernardino Adult Day Health Care Center for adults with developmental disabilities and adults with dementia and with the Inland Caregiver Resource Center. * DESCRIBES AND DEMONSTRATES THE COMMUNITY NEED.

The 2019 U.S. Census Bureau estimates state that there are 242,841 (11.3%) people who are 65 years and older in San Bernardino County with 34,099 (14%) of them living alone. The City of San Bernardino Senior Companion Program area of service is the Inland Empire region of the County.

The Inland Empire is located in the inland valley area of the county. In San Bernardino County there are 16% of individuals and families living below the poverty level, which is 4.2% higher than the entire State of California. Our SCP is currently serving 11 communities within San Bernardino County; The San Bernardino Valley cities of Colton, Fontana, Grand Terrace, Highland, Loma Linda, Redlands,

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Rialto, San Bernardino, Bloomington, Mentone, and Yucaipa. Information obtained from the 2019 Census of the U.S. Census Bureau estimates indicate the population of the communities served is 832,470 and encompasses a 248.4 square mile area. The estimated amount of residents over the age of 65 is 85,486 (10.2%). The estimates indicate that 39, 080 (4.7%) of the population are Veterans. The population by ethnicity is 60.7% Hispanic or Latino, and 39.3% Non-Hispanic or Latino. The population by race is 56.7% White, 9.7% African American, 5.7% Asian, 0.7% American Indian and Alaskan Native, 0.3% Native Hawaiian and Pacific Islander, 22.2% some other race alone, and 4.6% identified by two or more. The community served includes mostly low-income homebound older adults and individuals with disabilities. According to the 2019 U.S. Census Bureau, estimates indicate 141,962 (17.1%) of the population in the communities served are below the poverty level. Disability population statistics for San Bernardino County indicates there are is 236,393 (11%) that have a disability and in the community served the population statistics with a disability is 88,028 (10.2%).

Approximately 80% of all calls received by the SCP staff and station supervisors are by individuals with sight impairment as their disability, have lost their ability to drive, and are in need of transportation; this statistic has nearly doubled since March 2020.

Our SCP volunteers will assist in the primary focus area of Healthy Futures by providing homebound or older adults and individuals with disabilities with transportation and other services to allow them to better live independently. The primary objectives of Adult Day Care are to restore or maintain optimal capacity for self-care to older adults and individuals with disabilities as well as to delay or prevent inappropriate or personally undesirable institutionalization. The San Bernardino Adult Day Care Center has identified a 75% increase risk of isolation or depression and a decline in functional abilities in frail elderly and disabled adults in the community. People generally are social by nature, and social relations can help them live longer, healthier lives. The daily dynamics associated with the coronavirus pandemic has certainly challenged the effectiveness of our volunteers' activities.

Companionship and socialization are important tools in combating loneliness and preventing negative health and medical conditions associated with loneliness. The Center for Disease Control and Prevention (CDC) in November 2020 reported poor social relationships (characterized by social isolation or loneliness) are associated with a 29% increased risk of heart disease, a 32% increased risk of stroke, with about a 50% increased risk of dementia. Inland Caregivers Resource Center, Pacific Hospice, and The Visiting Nurses Association have identified respite services for caregivers as the most pressing community need in the Inland Empire. Furthermore, SCP volunteers will provide respite

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service to caregivers which will improve social ties or perceived social support.

From phone calls by frontline staff, recent past surveys, and interactions with seniors in our community in a multi-faceted service industry (municipal parks and recreation), many seniors have been found to live alone and have little to no contact with the others in the community, and the healthcare practices of social distancing and isolationism as a result of the coronavirus provide a "Catch 22" situation. Most of the clients have shared they would not be able to age in place without the help of a Senior Companion, although the virus poses a severe threat to both the senior-age companion volunteer and the senior-age client, who are most vulnerable to the virus. Peace of mind is hard-pressed in both regards, yet the feelings of loneliness brought on by isolation can be devastating, especially to the senior-age population and the disabled who have little or no family to care for them.

* ARTICULATES A THEORY OF CHANGE, MEANING HOW THE SERVICES OF THE

VOLUNTEERS WILL ADDRESS THE COMMUNITY NEEDS AND HOW THE SERVICE ACTIVITY

DESCRIBED PROVIDES A SIGNIFICANT CONTRIBUTION TO THE OUTCOMES OF THE WORK PLAN THAT LEAD TO NATIONAL PERFORMANCE MEASURES OUTCOMES.

SCP volunteers in the primary focus area of Healthy Futures/Companionship or Respite for Caregivers will provide service activities to include: companionship; transportation and assistance to medical appointments, pharmacies to obtain needed medications, grocery stores, and/or food banks; and other services such as pay utilities and legal assistance to help them live more independently.

Some SCP volunteers will also provide direct respite services to caregivers that will provide temporary relief from the stresses of caregiving by providing short term assistance for an adult who is the primary caregiver for another person. SCP volunteers help with the daily living activities that allow clients to stay living independently longer, especially those with little or no site and have difficulty with identifying the right medications to take, cooking meals, home cleaning tasks, or responding to e- mails or letter writing. Many seniors in our service area are homebound for these reasons with no close family or neighborly contacts that only have the daily wellness checks conducted by the volunteer Companion as their sole contact with the outside world. These social checks give hope and fight the negative effects of depression upon both the physical and mental health of the client, not to mention the benefits that this altruistic behavior extends to the volunteer. Activity logs or timesheets will indicate the hourly and financial contributions to the national performance measures. Outputs

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and outcomes will also be determined by the use of annual client and caregiver surveys that should reflect the benefits of the program, as well as monthly testimonials to be reported.

* LOGICALLY CONNECTS ALL ELEMENTS TOGETHER, AS DESCRIBED IN THE NOTICE.

o THE COMMUNITY NEED(S) IDENTIFIED;
The community served includes mostly low-income homebound older adults and individuals with disabilities in need of companionship, transportation, assistance to obtain food and essential needs as well as medical services. The Adult Day Care Facility/Program is in need of volunteers to provide companionship to restore or maintain optimal capacity for self-care to older adults and individuals with disabilities. Caregivers are in need of respite services to allow them short term, temporary relief from the stresses of caregiving and of an increase in social support of the client.

o THE SERVICE ACTIVITIES THAT WILL BE CARRIED OUT BY AMERICORPS SENIORS VOLUNTEERS;
AmeriCorps Seniors Volunteer service activities will include: companionship; respite services; transportation and assistance to medical appointments, pharmacies to obtain needed medications, grocery stores and/or food banks, and other services such as utilities pay, finding legal assistance, reading mail, e-mail replies, and letter dictation to help them live more independently.

o THE INSTRUMENT DESCRIPTION AND DATA COLLECTION PLANS; SCP staff and Advisory Council members will routinely conduct annual client and caregiver surveys that measure desired national outcomes. Surveys will be collected and measured based on the measurement tool instructions. Surveys will be kept on file in the SCP office. Survey outputs and outcomes will be reported in the annual progress report in the E-grants system. Monthly testimonials will also be routinely provided.

o WORK PLANS THAT INCLUDE TARGET NUMBERS THAT LEAD TO OUTCOMES OR

OUTPUTS, AND ARE APPROPRIATE FOR TOTAL NUMBER OF VOLUNTEERS ASSIGNED TO THE WORK PLAN;
10 unduplicated volunteers, at one site, will provide respite services/companionship service to 30 caregivers with 20 individuals of older adults and individuals with disabilities reporting having

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increased perceived social support. 40 unduplicated volunteers, at three sites, will provide Companionship, Nutrition/Food Support, Transportation, and Medical Services to 150 individuals with 130 individuals served reporting having increased social ties or perceived social support. Target numbers are based on 3-4 outputs per volunteer and outcomes are based on prior years of clients not being about to be reached to survey.

* WORK PLAN OUTPUTS AND OUTCOMES ALIGN WITH NATIONAL PERFORMANCE MEASURES REQUIREMENTS.

SCP volunteers in the primary focus area of Healthy Futures/Companionship or Respite for Caregivers will provide service activities to include: transportation and assistance to medical appointments, pharmacies to obtain needed medications, grocery stores and/or food banks, and other services such as utilities pay, finding legal assistance, reading mail, e-mail replies, and letter dictation to help them live more independently. SCP volunteers will provide direct respite services to caregivers.

Activity logs or timesheets will indicate the hourly and financial contributions to the national performance measures. Outputs and outcomes will also be determined by the use of annual client and caregiver satisfaction surveys in addition to direct VSY data.

* WORK PLAN OUTPUTS AND OUTCOMES ARE ACHIEVABLE, BASED ON RESOURCES, PROGRAM DESIGN, AND VOLUNTEERS ENGAGED.

The City of San Bernardino SCP project has been under the sponsorship of Parks, Recreation and Community Services Department for 46 years. The Department has organized personnel to ensure the success of the Program. The Director of Parks, Recreation and Community Services Department, Jim Tickemyer, provides support and positive leadership for the SCP program to the City Manager, City Council and Mayor, and the San Bernardino community at large. Direct support, leadership, and supervision are provided to the program by Mitch Assumma, Community Recreation Manager. The City of San Bernardino also has two full time employees that work solely with the SCP program to assure work plans are achieved and in support of the program. The City of San Bernardino SCP has worked, and continues to work, with the San Bernardino County Department of Aging and Adult Services, Alzheimer¿s Association, Lighthouse for the Blind, Meals-on-Wheels, Family Service Agency, other various Community organizations, and other Senior Centers. The Program has a good history of meeting its VSY benchmarks, with a FY2021-2022 Volunteer Recruitment Plan in place. Even with the challenges faced by an entire country due to the coronavirus pandemic, SCP Companion

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Recruitment and Development
volunteers, while in a vulnerable population for the virus that has been impacted in a deadly manner, are ready, willing, and able to help their communities recover from the pandemic. The City has already taken precautionary measures in identifying alternative service activities as well as providing personal protective equipment and materials to both the volunteer and the clients, along with incorporating safe and healthy protocols as recommended by the CDC for controlling and mitigating the negative health effects of the virus.
* YOUR PLAN AND INFRASTRUCTURE TO ENSURE AMERICORPS SENIOR VOLUNTEERS

RECEIVE TRAINING NEEDED TO SUCCEED IN THE SERVICE ACTIVITIES DESCRIBED IN THE WORKPLAN.

SCP staff working with our Advisory Council and station supervisors will use prior assignment plans and needs of community as well as needs of volunteers to assist us in developing the topics for our monthly In-Service training, and include those topics in our 20 hour pre-service orientation. New volunteers are required to go through 20-hour pre-service orientation training with the program coordinator. Training includes, but is not limited to, SCP handbook review, policies, and procedures, Modules from CNCS website, training from Alzheimer's Association website, "What would you do?" videos from CNCS, and available client resources in the community such as food distribution, local senior center services, mental health care, legal assistance, funeral/trust/will planning retirement, insurance fraud, personal safety, and other information of interest to senior-age individuals. As our focus area is Healthy Futures, our in-service training will include, but not be limited to: how to avoid slips and falls, making good decisions about driving, Alzheimer's/Dementia, how to maintain a healthy brain, how to prevent mail fraud and other financial scams that target seniors, safe use of medications, healthy eating and nutritional information, and exercises for elderly and disabled adults, to name a few. We will include training on area specific disaster planning such as earthquakes and, of course, the latest information on disease control, especially regarding the COVID-19 virus. SCP staff will network with other community organizations to secure speakers to give presentations and informational handouts in a virtual format, at least until such time as training can be effectively done so in a socially distanced manner. Access to a computer or smartphone and how to use each will be a priority to the extent possible, as the older generation needs greater assistance and patience in learning new technology. Sign-in sheets will be used to monitor volunteer involvement.

* THE DEMOGRAPHICS OF THE COMMUNITY SERVED AND PLANS TO RECRUIT A

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VOLUNTEER POOL REFLECTIVE OF THE COMMUNITY SERVED.
o o The SCP staff will recruit at many community outreach events (as the COVID-19 restrictions will allow), health fairs, and other venues/networks with local agencies for new volunteers. We will advertise in the City website page, on several local electronic marquees, local hard-print media sources as well as several social media sources. We will attend routine community meetings focused on senior-age services provided by the County of San Bernardino. Another plan to recruit volunteers will be to collaborate with Healthcare plan Representative to attend community focused meetings and connect with community organization representatives. We will also advertise at local low-income senior housing communities and Senior Centers primarily through postings and phone calls. We will send our recruitment flyers and brochures bi-annually to an extensive mail list of local churches, golf clubs, businesses providing senior services (auto repair shops, hair styling and beauty shops, laundry facilities, travel and tour agencies), community service groups who tend to have older board members, and other senior living facilities. A connection with the community outreach departments of California State University, San Bernardino is planned and will grow as the University opens more communication avenues with the opening of previously closed campus activity due to the coronavirus. As the majority of Companion volunteers are of black decent in San Bernardino, both the Black Chamber of Commerce and the Black Alumni Association of Cal State San Bernardino will also be a source of recruitment.
o INDIVIDUALS FROM DIVERSE RACES, ETHNICITIES, SEXUAL ORIENTATIONS, OR

DEGREES OF ENGLISH LANGUAGE PROFICIENCY
The SCP staff recruits for volunteers with no restrictions on the basis of formal education, experience, race, color, national origin including limited English proficiency, gender, age, religion, sexual orientation, disability, gender identity or expression, political affiliation, marital or parental status, or military service. Individuals with bi-lingual skills in Spanish are highly sought due to a large number of Spanish-speaking residents in the Inland Empire service area. Currently there is Spanish-speaking staff at the 5th Street Senior Center where the Program Office is located, and there is at least one Spanish-speaking station supervisor and several volunteer Companions that assist with prospective volunteers.
o VETERANS AND MILITARY FAMILY MEMBERS AS AMERICORPS SENIORS VOLUNTEERS SCP staff will establish a communication network with volunteer center coordinators and social workers at the Veterans Hospital in Loma Linda as a significant outlet in its recruitment efforts to attract volunteer veterans and military family members to become SCP volunteers. We will also visit

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Program Management
veteran organizations in our service area to make face-to-face appeals before their boards and memberships: The American Legion, Veterans of Foreign Wars, The Eagles, and The Elks. o AMERICORPS SENIORS VOLUNTEERS WITH DISABILITIES
The SCP staff will assist volunteers with disabilities to accommodate their need such as reading for volunteers who are illiterate or accommodating work assignments to meet the ability of volunteer¿s limitations such as provision of a walker or cane.

SCP staff will attend the Department of Aging and Adult Services (DAAS) quarterly meetings to recruit individuals with age-related disabilities.
o AMERICORPS SENIOR VOLUNTEERS BETWEEN THE AGES OF 55 AND 70 YEARS OLD The City of San Bernardino SCP does have an age requirement for eligibility of 55 or older for volunteers SCP staff verify age with the volunteers Government-issued driver¿s license or identification card.

* YOUR PLAN AND INFRASTRUCTURE TO RETAIN AND RECOGNIZE THE AMERICORPS SCP VOLUNTEERS.

SCP staff, with the assistance of the SCP Advisory Council, will plan, coordinate, and hold an Annual Volunteer Recognition Event for all volunteers near the latter part of the fiscal year. Each volunteer is recognized for their volunteer service with a meal, a gift or gift bag filled with goodies, and a certificate of appreciation which includes their years of service, and volunteers are recognized for the top most volunteer hours. We also hold a Holiday Social in December as a mid-year inspiration for the volunteers, with gifts and festivities as well. We also recognize volunteers at our monthly in-service meetings for specific outstanding actions and recognize volunteers who have birthdays in that month, sharing a birthday song and cake. We receive many In-Kind donations for the holiday event and Annual Volunteer Recognition Event, cake donations, gift cards, items for goodie bags, etc. SCP staff also provides guidance and an ¿Open Door¿ policy for volunteers to share concerns and gain support for their needs or just for peace of mind. Another way we retain volunteer service is by conducting an annual SCP Volunteer Satisfaction Survey from all volunteers and following through with their input where possible. All information received from the survey is reported and we will address any areas of dissatisfaction immediately and with finality.
* THE PLANS AND INFRASTRUCTURE TO ENSURE MANAGEMENT OF VOLUNTEER

STATIONS ARE IN COMPLIANCE WITH AMERICORPS SCP PROGRAM REGULATIONS (SUCH

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AS PREVENTING OR IDENTIFYING PROHIBITED ACTIVITIES).

Through the Memorandum of Understanding (MOU) agreement (which includes the self-certification section to ensure that all volunteer stations are public or private non-profit organizations or licensed proprietary health care facilities), each volunteer site agrees to follow the guidelines that are set inside the agreement. Through periodic volunteer station visits and interaction with the volunteer supervisors we are able to see the work that is being done to identify and prevent prohibited activities.

Each Site Supervisor will be provided a policies and procedures manual with pertinent forms included.

The information of the Site Supervisor will be periodically updated as the contact information may change. They are also responsible to give the Companion their work assignment and provide SCP staff with and assignment plan or care plan and a signed Letter of Agreement. New volunteer stations are developed through an on-site visit with the station site supervisor and staff to explain how we can help their clients, what our respective roles and responsibilities will be, and defining the supervisor and communication channels. The Program Manager will assign Companions to the volunteer site to develop skills and capabilities that would prepare the Companion for needed community service to the agency. All Companion assignments must meet the following stipulations: Create new or expand existing community services, provide meaningful work and the opportunity to learn new skills that can possibly help both the Companion and the client, and all volunteer stations must be in a safe, drug-free and healthy environment. The Coordinator of Volunteers provides oversight of each volunteer site supervisor. As needed the program manager will research organizations in the service area to recruit new stations in line with work plans and regulations. At this time we have 4 volunteer stations which meet the needs of the program, but are in the process of building new relationships both for outreach (volunteer/client recruitment) and potential new volunteer stations to serve the community directly as we refine the changes which have already been implemented.

* YOUR PLAN AND INFRASTRUCTURE TO DEVELOP AND/OR OVERSEE VOLUNTEER

STATIONS TO ENSURE THAT VOLUNTEERS ARE PERFORMING THEIR ASSIGNED SERVICE ACTIVITIES.

SCP staff will perform quarterly volunteer station visits. During those visits client and or caregiver assignment plans or care plans will be discussed and evaluated with each volunteer station supervisors to ensure that volunteers are performing their requested activities. A simple checklist to document the visit will be developed and utilized going forward. If changes or additions to volunteer's activities need to be made, a new care plan will be devised during that time and immediately implemented. Site

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Organizational Capability
Supervisors will do annual assessments with clients to update assignment plans. Timesheets will be used, including client name and initialed dates of service, to ensure volunteers are performing their assigned service activities. Site Supervisors are responsible to approve timesheets and to make sure that the pay period dates, number of hours volunteered, and dates of volunteering are correct for the month being reported.

* YOUR EXPERIENCE AND ORGANIZATIONAL TRACK RECORD IN WORK PLANS THAT LEAD TO NATIONAL PERFORMANCE MEASURES OUTCOMES.

SCP volunteers have provided volunteer service to the City of San Bernardino for over forty years.

Since the beginning of receiving funding from Action and then CNCS, the program has always provided personal one-on-one service to senior citizens, then to disabled adults, and then to caregivers.

SCP Volunteers provide companionship, nutrition/food support, transportation and medical services to individuals served who have reported as having significantly increased life-enhancing social ties or perceived social support. The greatest challenge by far is related to the efficient recruitment of qualified volunteers, especially when the average age of the volunteer Companion is 70 years and turnover is high due to normal death rates. One reason we are successful in recruitment is because we have employed two full-time, benefitted employees to manage the Program. Annual and semi-annual progress reports have always been evaluated as favorable and on-time, with prompt resolution of any discrepancies. Most recent performance measurements have been reported in E-grants. * YOUR PLANS AND INFRASTRUCTURE TO PROVIDE SOUND PROGRAMMATIC AND FISCAL

OVERSIGHT (BOTH FINANCIAL AND IN-KIND) AND DAY-TO-DAY OPERATIONAL SUPPORT

TO ENSURE COMPLIANCE WITH AMERICORPS SENIORS SCP REQUIREMENTS (STATUTES,

REGULATIONS, AND APPLICABLE OMB CIRCULARS) AND TO ENSURE ACCOUNTABILITY AND EFFICIENT AND EFFECTIVE USE OF AVAILABLE RESOURCES.

o COMPLIANCE WITH AMERICORPS SENIORS SENIOR COMPANION PROGRAM

REQUIREMENTS(STATURES, REGUALTIONS, AND APPLICABLE OMB CIRCULARS) The City of San Bernardino operates under a hybrid Mayor-Council-City Manager form of government. The Mayor is elected by the voters at large and is the CEO of the City. The City Manager is the Chief Administrative Officer, who directs most City departments. The Department of Parks, Recreation and Community Services directly oversights the SCP project, whereas the Finance

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Department's sole purpose is the application and enforcement of sound fiscal management practices and procedures regarding all city services. All City Departments follow audited public common practice financial policies and procedures as outlined in the City's Financial Operations Manual. These are all subject to Council approval and are maintained by the Finance and City Manager Departments. The City's program-based Fiscal Year operates July 1st through June 30th of the following year. The Finance Department is one of 13 city departments. This department acts as the centralized and formal means of disseminating Cost Principle Guidelines, as well as Administrative Guidelines and Audit Guidelines to the rest of the city departments/divisions.

o ACCOUNTABILITY
The City maintains a high level of checks and balances in its fiscal management systems, including a hierarchy review and approval process designed to ensure accurate budget management and timely fiscal reporting system for the Senior Services Division of the Department. The City utilizes a reliable and audited service delivery system that has effectively met or exceeded all prior years' performance objectives of AmeriCorps Seniors. The City's Purchasing Division assists all departments in ensuring that internal procedures are in place for all accounts payable and receivables. Budget development and use is administered by the Parks, Recreation and Community Services Department staff and further supported by the Finance Department staff, especially for travel and reimbursements for volunteers.

The City of San Bernardino is celebrating forty-six years of demonstrated services as a provider of Volunteer Service Programs for youth and seniors. The City of San Bernardino SCP project has been under the sponsorship of Parks, Recreation and Community Services Department for 46 years. The Director of Parks, Recreation and Community Services Department, Jim Tickemyer, provides support and positive leadership for the SCP program to the City Manager, City Council and Mayor, and the San Bernardino community at large. Direct support, leadership, and supervision are provided to the program by Mitch Assumma, Community Recreation Manager.

o EFFICIENT AND EFFECTIVE USE OF AVAILABLE RESOURCES
The City of San Bernardino SCP has worked and continues to work with the San Bernardino County Department of Aging and Adult Services, Catholic Charities, Lighthouse for the Blind, Meals on Wheels, Family Service Agency, and various Community and Senior Centers. The SCP program effectively uses The City of San Bernardino Fifth Street Senior Center to hold In-service training meetings. SCP also benefits from knowledge of local organizations on valuable training for volunteers.

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The City of San Bernardino Parks, Recreation and Community Services Department is constantly seeking alternative funding resources, cash or in-kind, in support of their community serving mission.

The detailed list below shows some of the grants received by our department (directly related to service programs). Senior Nutrition Program -- 1978-Present; San Bernardino Head Start Program -- 1992- 2009; Nutrition Network Program -- 1998-2016; San Bernardino Mentoring Program -- 1992-2009; RSVP (Retired Senior Volunteer Program) -- 1975-Present; SCP (Senior Companion Program) -- 1975-Present; and Kaiser Hospital Community Foundation Grant 2008 -- Present.

* CLEARLY DEFINED PAID STAFF POSITIONS, INCLUDING (AS APPLICABLE)

IDENTIFICATION OF CURRENT STAFF ASSIGNED TO THE PROJECT AND HOW THESE POSITIONS WILL ENSURE THE ACCOMPLISHMENT OF THE PROGRAM OBJECTIVES.

The City Manager's Office oversights most city services, including that of the SCP and all grant- funded programs especially. In addition to other support staff, the Finance Department provides several Accountant positions (Annie Clark, CPA) whose duties are to maintain records of revenue and expense; examine supporting documentation to establish proper authorization and conformance with agreements, contracts, and state and federal regulations; and compile and prepare routine accounting schedules and reports, including audit reviews. The Department of Parks, Recreation and Community Services directly administers the SCP project. From top down, the chain of command is the Director/Department Head (Jim Tickemyer), the Community Recreation Manager (Mitch Assumma), the Community Service Center Supervisor (LaKeisha Jackson), and the SCP Manager (Jamie Daniels), the SCP Coordinator of Volunteers (Ellyse Martinez). The Director of the Parks, Recreation and Community Services Department reports to the City Manager. The Program Manager - SCP's responsibilities include, but are not limited to, assigning volunteers to volunteer stations, conducting volunteer station visits, maintaining budget and expenditure records, grant reporting in E- grants, recruitment of volunteers and volunteer sites, building public awareness and support for the SCP, planning and implementing recognition for the volunteers, attending grant workshops and training conferences and completing reports for the corporation and the sponsor. The Coordinator of Volunteers assists the SCP Manager in all areas of the Program coordination in ways relevant to the position's authority, but is most responsive to daily client and companion service needs. The Community Recreation Manager (Mitch Assumma) has administered the SCP in San Bernardino for over ten years as Manager of the Senior Services division. He has over 35 years of experience in managing municipal services in the parks and recreation field. Mr. Assumma holds a Master's Degree

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Narratives
Other
in Public Administration, and a Bachelor's Degree in Recreation Administration.

* YOUR ORGANIZATION¿S CAPACITY TO:
o DEVELOP AND IMPLEMENT INTERNAL POLICIES AND OPERATING PROCEDURES TO

PROVIDE GOVERNANCE AND MANAGE RISK, SUCH AS ACCOUNTING, PERSONNEL MANAGEMENT, AND PURCHASING.

The Director of Parks, Recreation and Community Services is responsible for the activities of its human resources, including recruitment, training, promotion, and retention; establishment of daily work schedules and routines, budget development and use; and communication of performance outcomes. The City of San Bernardino fiscal management procedures, including budget control, accounting systems, cash and banking procedures, payroll systems, and internal auditing, are operated, managed, and controlled through the City of San Bernardino Finance Department. The budget process is facilitated and administered annually via the Mayor, City Council, and City Administration. Variances in budgeted expenses are analyzed by the City Manager and Finance Departments. Reports on such data are disseminated quarterly. Individual City departments manage the development and use of their own budget, and each department head is accountable to the City Manager. An independent auditor reviews City financial records annually. o MANAGE CAPITAL ASSETS SUCH AS FACILITIES, EQUIPMENT, AND SUPPLIES.

The 5th Street Senior Center houses both the Senior Companion Program and the Retired Senior and Volunteer Program, which is funded through a combination of the City's General Fund and various Federal and State grants. The 5th Street Senior Center is ADA compliant and is currently being used for administration, training and meetings, community programs, special interest classes, and group rentals. The Center is fully outfitted with tables, chairs, furniture, play equipment, kitchen equipment for full meal preparation, sound and PA system, and office management; the grant-funded Senior Nutrition Program also operates out of the 5th Street Senior Center along with lunch meal serving at five other locations. All health and safety OSHA requirements are followed. The City's Facilities Division of the Public Works Department maintains all building maintenance. Equipment and supplies are purchased as needed through the City's chain of command, utilizing best practice principals.

None

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Narratives
PNS Amendment (if applicable)
Not applicable

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Performance Measures
% of Unduplicated Volunteers in Work Plans that result in Outcomes:
% of Unduplicated in the Primary Focus Area:
100%
100%
Healthy Futures Aging in Place 3
40 50
Objective:

Number of
Volunteer
Stations:

Anticipated
Unduplicated
Anticipated
Volunteer

2.1Performance Measure:

Focus Area:

Companionship
CompanionshipService Activity:

Service Activity
Description:

Volunteers will provide companionship, nutrition/food support, transportation and medical services practicing safe volunteering procedure and following required precautions to ensure their safety as well as the safety of the client they serve. Volunteers at the Adult day care will provide companionship and social interaction.

Volunteers under the flexibilities to serve service activities for COVID-19 volunteers will provide telephone or video chats, delivery of groceries, medications, meals or other essential items to homebound or isolated seniors. SCP Volunteers will serve between 4-8 hours and 10-40 hours per week at the client’s home or Adult Day Health Care.

A recent study by the California Department of Aging (2020) estimated that 38% of women and 35% of men over the age of 65 need some form of assistance with personal care including assistance getting food and medications and transportation assistance getting to medical appointments.

Isolation increases the risk of mortality, negatively affect both physical and mental health and lead to loss of the ability to stay independent, according to the senior living blog from A Place for Mom. The Center for Disease Control and Prevention (CDC) in November 2020 reports that poor social relationships (characterized by social isolation or loneliness) were associated with a 29% increased risk of heart disease, a 32% increased risk of stroke, with about a 50% increased risk of dementia. According to the 2019 Census of the U.S. Census Bureau in San Bernardino County, 14% of those age 65 years and older (34,099) live alone. With 10.2% of the population in the service area over the age of 65 and 17.1% of the population in the service area living below the poverty level, the need is strong for SCP companions to assist clients to continue to live independently in their own homes through companionship, transportation assistance, help to receive medical services, and nutrition/food support.

An additional place to provide companionship is through adult day care. The primary objectives of Adult Day Care are to restore or maintain optimal capacity for self-care to older adults and individuals with disabilities and delay or prevent inappropriate or personally undesirable institutionalization. The San Bernardino Adult Day Care Center has identified a 75% increase risk of isolation and depression and a decline in functional abilities in frail elderly and disabled adults in the community.

H4A: Number of individuals servedAnticipated
H9A: Number of individuals who report having increased social support or improved capacity for inde Anticipated
150 Tracking SystemTarget: How Measured:

Instrument Description: Timesheet will be used, including client name and initialed dates of service, signed off by station supervisor, and turned in to SCP office at the end of each month.

Tracking System140Target: How Measured:

Instrument Description: A survey collected each year to determine how many individuals served report having increased social ties or

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Healthy Futures Aging in Place 1
10 10
Objective:

Number of
Volunteer
Stations:

Anticipated
Unduplicated
Anticipated
Volunteer

2.1 3.1
Performance Measure:

Performance Measure:

Focus Area:

Companionship
Respite Services
Respite ServicesService Activity:

Service Activity
Description:

More than one in five Americans (21.3%) are caregivers and more family caregivers (26%) have difficultly coordinating care which is up 19% from 2015 (AARP, National Alliance for Caregiving – May 14, 2020). The article also states that 23% of caregivers have reported their own health has worsened from caregiving without respite. With this being a very difficult and stressful situation (even without the effects of COVID-19) family caregivers are in need of respite service to avoid caregiver burnout. In fact, many of these caregivers are part of the Sandwich Generation, people who have children, demanding jobs, and aging parents. Many of these families do reach out for help in the form of respite care and longer term hourly and live-in care, which demonstrates why the non-medical home care is so important and needed. The Inland Caregivers Resource Center (ICRC), Pacific Hospice, and the Visiting Nurses Association have identified respite services for caregivers as one of the most pressing community needs. Request to agencies for caregiver respite services are rapidly increasing, causing waiting lists for these services. Demographic projections indicate that demand will continue to increase in the future. Senior Companions are needed to provide respite services to caregivers.

In late March of 2020, our country was plunged into a series of events that have not been experienced in modern history in the form of COVID-19.

As a result of the COVID-19 pandemic, our country has experienced an unprecedented decline of the stock market, a time of businesses closing their doors and unparalleled unemployment, food pantries overrun with families who in the past donated to such organizations now needed the services of them, education systems which are having to redefine how learning will take will take place in the future and in the most simplest terms a complete overflow of citizens needing services from our nation’s health care system. In San Bernardino County as of February 8 Community Need to be Addressed:

H4A: Number of individuals servedAnticipated
H9A: Number of individuals who report having increased social support or improved capacity for inde H14: Number of caregivers who reported having increased social ties/perceived social support Anticipated
Anticipated
30 Tracking SystemTarget: How Measured:

Instrument Description: Timesheet will be used, including client name and initialed dates of service, signed off by station supervisor, and turned in to SCP office at the end of each month.

Tracking System
Tracking System
140
20Target:

How Measured:

How Measured:
perceived social support. This will be conducted by SCP staff and Advisory Council members.

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3.1Performance Measure: Respite Services
H14: Number of caregivers who reported having increased social ties/perceived social supportAnticipated Tracking System20 How Measured:

Instrument Description: A survey will be collected each year to determine how many individuals served report having increased social ties or perceived social support. Conducted by SCP staff and Advisory Council members.

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For Official Use Only
Required Documents
Cost share or matching fund verification letters
Applicant Operational and Financial Management Survey (OFMS) Tribal organization eligibility (see Section C.1. Eligible Applicants) Document Name
Not Applicable
Already on File at CNCS
Not Applicable
Status

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For Official Use Only
The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the Domestic and Volunteer Service Act of 1973, as amended (42 U.S.C. Chapter 22).

Purpose

94.016CFDA No.:
290 N D ST San Bernardino CA 92401-1734
21SCICA004Agreement No.:
4Amendment No.:

San Bernardino, California, City of
Grantee
956000772EIN:
07/01/2021 - 06/30/2024Performance Period:
07/01/2023 - 06/30/2024Budget Period:

The single audit for 6/30/2022 must be submitted to the Federal Clearinghouse within 90 days of this award. Failure to do so may result in a manual hold.

Corporation for National and Community ServiceNotice of Grant Award Award Information
Terms of Acceptance: By accepting funds under this grant, recipient agrees to comply with General Terms and Conditions found at https://www.americorps.gov/sites/default/files/document/FY2023-General-Terms-Conditions-508-20221028.pdf and the Program Terms and Conditions found at 2023 Terms and Conditions for AmeriCorps Seniors Foster Grandparent (FGP) and Senior Companion Programs (SCP). Recipient also agrees to comply with assurances and certifications made in the grant application, supporting documents, and with applicable federal statutes, regulations and guidelines.

Funding Information
Previously
Awarded
This Year
This Award/
Amendment
$164,061 $0Total Obligated by CNCS
Grantee's Unobligated
Balance (Carryover) $168,601 $0
Total Available $332,662 $0
Total CNCS Funds Awarded to Date
Cumulative Funding for Project Period
Total Awarded in Previous Amendments $494,837
Senior Companion Program
Special Conditions
$658,898
250 E Street SW, Suite 300
Washington, DC 20525-0001
(202) 606-5000
Total Current
Year
$164,061
$168,601
$332,662
For Official Use Only
Funding Source and Amount
2023--OPE1-P77-OPO-26000-4101 $164,061.00 Grant Year: 3
Year 3
EJLMHR1CMKM7UEI:

Award Description
This award funds the approved 2023–24 SCP program. Your 2023–24 statutory match is 10% and your budgetary match is

24.16%. This award also includes $168,601 in unexpended funds, $0 is approved as carry forward and the remaining $168,601 offsets the amount of new funds awarded.

Corporation for National and Community Service:

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CFDA No.:

Rebecca Curtis
Rogelio Armendariz
290 N D ST San Bernardino CA 92401-1734
21SCICA004Agreement No.:
4Amendment No.:

San Bernardino, California, City of
Grantee
956000772EIN:
07/01/2021 - 06/30/2024Performance Period:
07/01/2023 - 06/30/2024Budget Period:

Paulette Supria
Notice of Grant Award
Award Information
Senior Grants Officer
Grants Officer
Program Officer
Senior Companion Program
06/21/2023
250 E Street SW, Suite 300
Washington, DC 20525-0001
(202) 606-5000
For Official Use Only
Grant Year: 3
Oscar Rivas
Project Director
Mitchell Assumma
Certifying Official/Executive Officer
Signature Award Date San Bernardino, California, City of
Legal Applicant
EJLMHR1CMKM7UEI:

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 4, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager
Darren Goodman, Chief of Police
Department: Police
Subject: Accept 2022 Urban Areas Security Initiative (UASI) Grant (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-152 authorizing:

1. The City Manager to accept the FY2022 Urban Areas Security Initiative Grant funds; and

2. The Agency Director of Administrative Services to amend the Fiscal Year 2023/24 Adopted Budget by $100,000 in both revenue and expenditures.

Executive Summary
Staff is recommending the adoption of Resolution No. 2023-152 to accept the FY2022 UASI grant and amend the FY2023/24 Adopted Budget revenue and expenditures by $100,000, for the purpose of purchasing portable pole cameras for the Police Department.

Background
The City of San Bernardino has been a participant in the Urban Areas Security Initiative (UASI) Grant program since 2008 and has used funds to purchase equipment to enhance security and better prepare for emergencies for San Bernardino citizens, and employees, while also serving as regional multi-agency resources. Grant funds are administered through the City of Riverside Office of Emergency Management. The UASI Program assists high-density Urban Areas in building and sustaining capabilities to prevent, protect against, mitigate, respond to, and recover from threats or acts of terrorism using the Whole Community approach.

Discussion
Public safety is important to the City and its citizens, and the Police Department is

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constantly looking for new methods and technology to improve service capabilities and operate more effectively on behalf of the public. For the 2022 UASI grant, the Police Department submitted a proposal for equipment to improve its capabilities to monitor public safety and identify criminal behavior. The equipment requested included portable pole-mounted video cameras, capable of being deployed in the field and transmitting a wireless video feed for remote monitoring by law enforcement personnel. These would be self-contained cameras with battery packs recharged by a solar panel, allowing them to be deployed on a temporary basis at a variety of locations. In May of 2023, the Department received notification that the grant application was successful, and the Department was awarded funding of $100,000 for the project. In August of 2023, the Police Department received notification that it was authorized to spend UASI grant funds on the approved project.

Each year there are a variety of public events held in the City that range from small- scale events drawing crowds from local communities to large-scale events that draw tens of thousands of attendees from locations around the nation. Examples include Rendezvous Back to Route 66, multiple annual music festivals, and city-sponsored events such as Festival. These events are held at locations throughout the City and the Police Department is charged with maintaining public safety at each of them. The Police Department does possess camera trailers that can be deployed at ground level, but it does not currently have any camera equipment that can be mounted in a higher position to offer a broader view of events without obstructing ground-level activity or foot traffic. Portable pole-mounted cameras will be capable of deployment individually or in conjunction with camera trailers to provide portable surveillance capabilities.

In addition to special events, portable cameras can also support ongoing crime deterrence efforts in public spaces where camera trailers are the only current option for deployment. The camera trailers are in high demand and deployed frequently due to their high visibility and deterrent effects. Portable pole-mounted cameras will also be highly visible and have similar deterrent effects, increasing the equipment the Police Department can use toward crime prevention efforts.

2021-2025 Strategic Targets and Goals
The acceptance of UASI Grant funds aligns with Goal No. 2 b: Focused, Aligned Leadership and Unified Community: Evaluate operations and performance, investment in resources, technology, and tools to continually improve organizational efficiency and effectiveness. The acceptance of UASI grant funds will improve the resources available to the Police Department for use toward improving the quality of life within the City.

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Fiscal Impact
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-152 authorizing:

1. The City Manager to accept the FY2022 Urban Areas Security Initiative Grant funds; and

2. The Agency Director of Administrative Services to amend the Fiscal Year 2023/24 Adopted Budget by $100,000 in both revenue and expenditures.

Attachments
Attachment 1 – Resolution No. 2023-152
Attachment 2 – FY2022 UASI MOU
Attachment 3 - FY 2022 HSGP Standard Assurances
Attachment 4 - Debarment Certification
Ward:

All Wards
Synopsis of Previous Council Actions:

December 1, 2021 Mayor and City Council adopted Resolution No. 2021-283, authorizing the acceptance of 2020 UASI grant funds
January 16, 2019 Mayor and City Council authorized the acceptance of the 2017 UASI grant
March 7, 2018 Mayor and City Council adopted Resolution No. 2018-61, accepting the 2016 UASI grant

FINANCIAL
DATA
Current Fiscal Year: Next Fiscal Year: Total Cost: Ongoing Cost:

COST $ 100,000 $ 0 $ 100,000 $ 0

GENERAL
FUND
SHARE
$ 0 $ 0 $ 0 $ 0
SOURCE OF FUNDS:

The source of funds is a $100,000 grant from
the Urban Areas Security Initiative (UASI)
grant program.

Budget Adjustment:

Yes
There is no net impact to the General Fund.

Both revenue and expenditure will be
increased by $100,000.

For Fiscal Year: 23/24

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March 7, 2016 Mayor and City Council adopted Resolution No. 2016-37, authorizing the acceptance of the 2015 UASI grant.

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Resolution No. 2023-152
Resolution 2023-152
October 4, 2023

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3 3
4 6
RESOLUTION NO. 2023-152

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO ACCEPT THE
FY2022 URBAN AREAS SECURITY INITIATIVE GRANT
(UASI) FUNDS AND THE AGENCY DIRECTOR OF

ADMINISTRATIVE SERVICES TO AMEND THE FISCAL
YEAR 2023/24 ADOPTED BUDGET REVENUE AND
EXPENDITURES BY $100,000.

WHEREAS, the City of San Bernardino is a participating agency in the Riverside Urban Areas Security Initiative (UASI) program and has used grant funds from the program to purchase equipment that enables the City to better prevent, protect against, mitigate, respond to, and recover from acts of terrorism or other threats; and
WHEREAS, the in May of 2023, the Police Department received notification that the City was awarded $100,000 in UASI funds from the Fiscal Year 2022 grant program; and

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The City Manager is authorized to accept the Fiscal Year 2022 UASI grant in the amount of $100,000 and execute any documents as may be necessary to accept grant funds.

SECTION 3. The Agency Director of Administrative Services is authorized to amend the FY2023/24 Adopted Budget, appropriating $100,000 in revenue and expenditure.

SECTION 4.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 5.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 6. Effective Date. This Resolution shall become effective immediately.

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Resolution No. 2023-152
Resolution 2023-152
October 4, 2023

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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of October 2023.

Helen Tran, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

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Resolution No. 2023-152
Resolution 2023-152
October 4, 2023

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-152, adopted at a regular meeting held on the 4th day of October 2023 by the following vote:

Genoveva Rocha, CMC, City Clerk

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MEMORANDUM OF UNDERSTANDING

CITY OF RIVERSIDE, BY AND THROUGH ITS OFFICE OF EMERGENCY

MANAGEMENT, AND THE CITY OF SAN BERNARDINO

REGARDING URBAN AREA SECURITY INITIATIVE (UASI) GRANT FUNDING FOR FEDERAL FISCAL YEAR 2022
This MEMORANDUM OF UNDERSTANDING (“MOU”) is effective _________, 2023, between the CITY OF RIVERSIDE, BY AND THROUGH ITS OFFICE EMERGENCY MANAGEMENT, and the CITY OF SAN BERNARDINO (“Participating Agency”) under the following terms and conditions:

1. The Participating Agency agrees to comply with the Grant Assurances for Urban Area Security Initiative (Attachment A).

2. The Participating Agency agrees to comply with United States Department of Homeland Security – Homeland Security Grant Program guidance, processes, and requirements.

3. The Participating Agency agrees that all equipment, supplies, and training funded through the UASI program is for the mutual benefit of the Riverside UASI Region and not for the exclusive benefit of the Participating Agency.

4. The Participating Agency agrees that all equipment, supplies, and technical expertise developed through training funded by the UASI program is to be made available for emergency use through established mutual aid systems, established mutual aid agreements, or made reasonably available through a valid request by a member jurisdiction or organization of the Riverside UASI.

5. The Participating Agency agrees to provide, prior to being funded, the most recent copy of their Single Audit Report.

6. The Participating Agency agrees to submit a Monthly Project Progress Report by the 15th day of each month in accordance with the UASI grant program guidelines.

7. The participating agency agrees to designate a Project Manager and Grant Manager for each project awarded and provide the contact information of those individuals to the City of Riverside Office of Emergency Management / UASI. Upon any changes to the original designation the agency will provide written notification and updated contact information.

8. The Participating Agency agrees to maintain all documentation supporting all expenditures reimbursed from grant funds, and ensure all expenditures are allowable under grant requirements. Recipients that expend $300,000 or more of federal funds during their respective fiscal year agree to submit an organization wide financial and compliance audit report. The audit shall be performed in accordance with the U. S. General Accounting Office Government Auditing

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Memorandum of Understanding - Urban Area Security Initiative Grant Funding 2 Standards and OMB Circular A-133 (Federal Grantor Agency: U. S. Department of Homeland Security; Pass-Through Agency: Office of Homeland Security; Program Title: Public Assistance Grants; Federal CFDA Number: 97.008). The records shall be maintained and retained in accordance with UASI grant requirements and shall be available for audit and inspection by the City and designated grant agent personnel.

9. The Participating Agency agrees that all its expenditures shall be in accordance with the approved project expenditures and allowable costs as submitted to the City and approved by the California Office of Emergency Services (Cal OES) and the U.S. Department of Homeland Security Grants Program Directorate.

10. The Participating Agency agrees to maintain adoption and implementation of (National Incident Management System) NIMS.

11. The Participating Agency agrees to defend, indemnify, and hold harmless the City, its agents, officers, and employees, from and against all liability arising out of the Participating Agency’s acts or omissions under this MOU.

12. The City agrees to defend, indemnify, and hold harmless the Participating Agency, its agents, officers, and employees, from and against all liability arising out of the City’s acts or omissions under this MOU.

13. The Participating Agency agrees to provide the Certificate of Non-Supplanting (Attachment B).

14. The Participating Agency agrees to provide the Certification regarding Debarment, Suspension, and Other responsibility matters (Attachment C).

15. The Participating Agency agrees to provide the Subrecipient Grants Management Assessment (Attachment D).
16 The Participating Agency agrees to provide the Grant Face Sheet (Attachment E).

17. The Participating Agency agrees to replace all UASI funded equipment if lost, stolen, or damaged beyond repair, the equipment shall be replaced with that of like kind or capability, at the custodial agency’s own expense.

18. The Subgrantee Performance Period for the FY2022 UASI funding cycle is from September 1, 2022 to January 01, 2025.
(Signatures on following page)

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Memorandum of Understanding - Urban Area Security Initiative Grant Funding 3 IN WITNESS WHEREOF, this Memorandum of Understanding is entered into by the City of Riverside, by and through its Office of Emergency Management and the City of San Bernardino, by and through its/their authorized representatives.

CITY OF RIVERSIDE PARTICIPATING AGENCY
By: ______________________________ By: ______________________________ Title: _____________________________ Title: _____________________________ Attest: Attest:

By: _____________________________ By: ____________________________ Donesia Gause
Title: _____________________________ Title: _____________________________ City Clerk
Approved as to form:

By: _____________________________
Deputy City Attorney

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Memorandum of Understanding - Urban Area Security Initiative Grant Funding 4 Governing Body Resolution
(For Operational Areas and Urban Area’s)

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO THAT THE CITY MANAGER, OR CHIEF OF POLICE, is hereby authorized to execute for and on behalf of the named applicant, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and sub-granted through the State of California.

Passed and approved this _______________ day of ____________________________, 2023 Certification
I, Genoveva Rocha, duly appointed and City Clerk of the Mayor and City Council, do hereby certify that the above is a true and correct copy of a resolution passed and approved by the Mayor and City Council of the City of San Bernardino on the

______________________ day of ____________________________________, 2023. __________________________________________
(City Clerk)
___________________________________________
(Signature)

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Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

Page 1 of 15 ends

As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.

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

I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:

(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.

Federal Regulations

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

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

1. Proof of Authority
T
he Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;

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Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

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(d) The Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) Official executing this agreement is authorized by the Applicant.

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

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

3. Lobbying and Political Activities
As
required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
(c) The Applicant shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

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

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

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

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

5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to non- discrimination, including:

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(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101- 12213), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)— be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;

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(k) DHS policy to ensure the equal treatment of faith-based organizations, under which the Applicant must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19;
(l) The Applicant will comply with California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940, 12945, 12945.2), as applicable.

FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions; (m) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.

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

7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000-21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;

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(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.);
(m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

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

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8. Audits
F
or subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.

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

10. Conflict of Interest
T
he Applicant will establish safeguards to prohibit the Applicant’s employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

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

12. Reporting - Accountability
T
he Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds, and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R. Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A.

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

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

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

16. Worker’s Compensation
T
he Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.

17. Property-Related
I
f applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires federal award subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;

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(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.); and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

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

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

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20. California Public Records Act and Freedom of Information Act T
he Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.

HOMELAND SECURITY GRANT PROGRAM (HSGP) –

PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS

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

22. Activities Conducted Abroad
T
he Applicant must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.

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

24. Copyright
T
he Applicant must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.

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25. Duplication of Benefits
Any
cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude the Applicant from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.

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

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

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

28. Fly America Act of 1974
T
he Applicant must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B- 138942.

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

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

31. Patents and Intellectual Property Rights
U
nless otherwise provided by law, the Applicant is subject to the Bayh-Dole Act, Pub.

L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. The Applicant is subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.

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

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

34. Reporting of Matters Related to Recipient Integrity and Performance I
f the total value of the Applicant’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, the Applicant must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.

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

36. Use of DHS Seal, Logo, and Flags
The Applicant must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.

37. Performance Goals
In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, the Applicant must demonstrate how the grant-funded project addresses the core capability gap associated with each project and identified in the Threat and Hazard Identification and Risk Analysis or Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The capability gap reduction or capability sustainment must be addressed in the Project Description of the BSIR for each project.

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

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

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

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

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

On July 1, 2022, OMB approved FEMA’s General Applicability Public Interest Waiver of the BABAA requirements to be effective for a period of six months, through January 1, 2023. Applicants will not be required to follow the BABAA requirements for FEMA awards made, and any other funding FEMA obligates, during this waiver period. For any new awards FEMA makes after January 1, 2023, as well as new funding FEMA obligates to existing awards or through renewal awards where the new funding is obligated after January 1, 2023, Applicants will be required to follow the BABAA requirements unless another waiver is requested and approved.

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

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

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

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

All of the la nguage contained within this document must be included in the award documents for all subawards at all tiers. Applicants are bound by the Department of Homeland Security Standard Terms and Conditions 2022, Version 3, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fy15- dhs- standard-terms-and-conditions.

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

Applicant:

Signature of Authorized Agent:

Printed Name of Authorized Agent:

Title: Date:

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RIVERSIDE URBAN AREA SECURITY INITIATIVE

CERTIFICATION REGARDING DEBARMENT,

SUSPENSION AND OTHER RESPONSIBILITY MATTERS

Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under the applicable CFR covering New Restrictions on Government -wide Debarment and Suspension (Non -procurement).

The certification shall be treated as a material representation of fact upon which reliance will be placed when the Agency determines to award the covered transaction or cooperative agreement.

If it is later determined that an applicant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including su spension and/or debarment. The applicant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the applicant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

As required by Executive Order 12549, Debarment and Suspension, and implemented under the applicable CFR, for prospective participants in covered transactions, as defined in the applicable CFR

1. The applicant certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or age ncy (Note: The terms "covered transaction," "debarred," "suspended," "ineligible," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.);

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

c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of these offenses enumerated in paragraph (1) (b) of this certification; and

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

2. Where the applicant is unable to certify to any of the statements in this certification, he or she shal l attach as explanation to this application.

Authorized Agent Signature Business Name

Name Printed or Typed Street Address

Date City, State, Zip Code

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 4, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager
Darren Goodman, Chief of Police
Department: Police
Subject: Accept California Office of Traffic Safety Grant Award (24-004883) (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-153 authorizing:

1. The City Manager to accept and administer the FY 2023/24 California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) grant; and

2. The Agency Director of Administrative Services to amend the FY 2023/24 Adopted Budget by $567,000 in both revenue and expenditures.

Executive Summary
The City of San Bernardino Police Department was awarded a FY 2023/24 OTS Grant in the amount of $567,000. The Department will use grant funding to staff enforcement efforts to include DUI Enforcement, traffic enforcement, motorcycle safety enforcement, and bicycle/pedestrian enforcement. Staff recommends that the Mayor and City Council accept the grant award and amend the FY 2023/24 adopted budget to receive grant funds.

Background
The California Office of Traffic Safety (OTS) has awarded its Selective Traffic Enforcement Program (STEP) grant for Fiscal Year 2023/24 to law enforcement agencies in the state that have shown the best practice strategies to reduce traffic collisions and promote traffic safety awareness. The City of San Bernardino has received annual OTS STEP grant funding for well over a decade and has been awarded $567,000 for Federal Fiscal Year October 1, 2023, through September 30, 2024.

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Discussion
The OTS STEP grant combines several traffic enforcement programs under a single grant umbrella, which reimburses law enforcement agencies for overtime worked on proven traffic enforcement strategies such as driving under the influence/California driver’s license (DUI/CDL) checkpoints and DUI saturation patrols. In addition to checkpoints and saturation patrols, the Police Department will use grant funds to develop a “Hot Sheet” program to alert patrol and traffic officers to be on the lookout for identified repeat DUI offenders with suspended or revoked licenses as a result of DUI convictions. Using STEP grant funding, the Police Department will also add patrols focused on motorcycle DUI enforcement, traffic enforcement, collaborative DUI enforcement with neighboring agencies, motorcycle safety enforcement, and bicycle/pedestrian safety enforcement operations. Grant funding will provide for supervisors, detectives, officers, and professional staff to accomplish OTS STEP grant objectives. Staffing levels will vary depending on the enforcement detail being worked.

There are no matching fund requirements for this grant.

All grant funded traffic operations will be conducted to make the streets of San Bernardino safer for all pedestrians and motorists. In addition to enforcement strategies, the STEP program will seek voluntary compliance of traffic laws through public education and safety awareness campaigns throughout the one-year grant period. The grant will reimburse the cost of DUI related training for officers, supplies used at checkpoints, and preliminary alcohol screening (PAS) device/calibration supplies. Staff recommends the Mayor and City Council authorize the City Manager to accept, execute, and administer the State of California OTS STEP Grant Agreement for Grant Number 24-004883.
2021-2025 Strategic Targets and Goals
The acceptance and administration of the OTS STEP grant aligns with strategic targets and goal: 1.c. Improved Operational & Financial Capacity: Implement, maintain, and update a fiscal accountability plan, and 3. c. Improved Quality of Life: Constantly evaluate public safety service delivery models to enhance the quality of service.

Fiscal Impact
There is no impact to the General Fund, as there are no matching fund requirements for this grant. Both revenue and expenditure will be increased by the grant amount of $567,000 in the FY 2023/24 Budget.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-153 authorizing:

1. The City Manager to accept and administer the FY 2023/24 California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) grant; and

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2. The Agency Director of Administrative Services to amend the FY 2023/24 Adopted Budget by $567,000 in both revenue and expenditures.

Attachments
Attachment 1. Resolution No. 2023-153
Attachment 2. Grant Agreement
Ward:

All Wards
Synopsis of Previous Council Actions:

September 21, 2022 Resolution 2022-0645, California Office of Traffic Safety STEP grant, approved by Council.

July 17, 2029 Resolution 2019-264, California Office of Traffic Safety STEP grant, approved by Council.

October 3, 2018 Resolution 2018-272, California Office of Traffic Safety STEP grant, approved by Council.

July 5, 2017 Resolution 2017-126, California Office of Traffic Safety STEP grant, approved by council.

October 14, 2016 Resolution 2016-211, California Office of Traffic Safety STEP grant, approved by Council.

January 23, 2015 Resolution 2015-10, California Office of Traffic Safety STEP grant, approved by Council.

March 3, 2014 Resolution 2014-49, California Office of Traffic Safety STEP grant, approved by Council.

January 7, 2013 Resolution 2013-1, California Office of Traffic Safety STEP grant, approved by Council.

April 10, 2012 Resolution 2012-67, California Office of Traffic Safety STEP grant, approved by Council.

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Resolution No. 2023-153
Resolution 2023-1453
October 4, 2023

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RESOLUTION NO. 2023-153

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO ACCEPT AND
ADMINISTER THE FY 2023/24 CALIFORNIA OFFICE OF

TRAFFIC SAFETY (OTS) SELECTIVE TRAFFIC

ENFORCEMENT PROGRAM (STEP) GRANT AND THE

AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES
TO AMEND THE FY 2023/24 ADOPTED BUDGET BY
$567,000.

WHEREAS, the City of San Bernardino has been awarded the Office of Traffic Safety grant for the period of October 1, 2023, through September 30, 2024.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The City Manager is hereby authorized to execute the State of California Office of Traffic Safety Grant Agreement, Grant Number 24-004883, in the amount of $567,000, attached hereto, marked Attachment 2, and incorporated herein.

SECTION 3. The Director of Finance is hereby authorized to amend the Adopted FY2023/24 budget increasing both revenue and expenditures by $567,000, as outlined in the attached grant agreement budget.

SECTION 4. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 6. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of October 2023.

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Resolution No. 2023-153
Resolution 2023-1453
October 4, 2023

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Helen Tran, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

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Resolution No. 2023-153
Resolution 2023-1453
October 4, 2023

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-153, adopted at a regular meeting held on the 4th day of October 2023 by the following vote:

Genoveva Rocha, CMC, City Clerk

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State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT24169

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
San Bernardino From:

To:
10/01/2023
09/30/2024 4. AGENCY UNIT TO ADMINISTER GRANT
San Bernardino Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $567,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Jeff Harvey

Sergeant

[email protected]

909-388-4912

710 N. “ D” Street
San Bernardino, CA 92401
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Charles McNeely

Interim City Manager

[email protected]

(909) 384-5122

290 N D Street
San Bernardino, CA 92401

(Signature) (Date) (Signature) (Date)

C. FISCAL OFFICIAL

D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Terri Sumrall

Senior Management Analyst

[email protected]

(909) 384-5693

290 N D Street
San Bernardino, CA 92401
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Barbara Rooney

Director

[email protected]

(916) 509-3030

2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

(Signature) (Date) (Signature) (Date)

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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES

AGREEMENT
TOTAL $567,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$567,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $567,000.00

E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu

SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

HRJPGFZSC3H6

710 N D Street
San Bernardino
92401-1112
ADDRESS: 2208 Kausen Drive, Suite 300

Elk Grove, CA 95758

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT24169

1. PROBLEM STATEMENT
The City of San Bernardino has a high proportion of traffic crashes. The city is noted for a high level of violent crime, with a high rate of fatalities and crashes. Forty percent of our fatalities are pedestrian related, with 98% involving homeless persons.

San Bernardino is the second-largest city in the Inland Empire metropolitan area of California and experiences a large volume of commuter and commercial traffic. San Bernardino is at the crossroads of the Inland Empire for commercial traffic and has been impacted by a great increase of commercial businesses, warehouses, and truck traffic, including ingress and egress of employee traffic at all hours.

Traffic enforcement efforts have resulted in an increase of traffic fatalities of over eight percent and a decrease in injuries of 35 percent. Bicycle crashes have been greatly reduced. Driving under the influence of alcohol fatalities decreased by fifty percent, but drug related fatalities increased 83 percent. The current 2022 fatality rate in San Bernardino is 21.6 per capita. Nationally, 2018 fatal crash rates are at a comparative 11.18 per capita. Using California OTS ranking information for 2020, San Bernardino had a composite ranking of 1 out of 61 cities in the State of California. During 2022, traffic fatalities increased over eight percent, while the national trend continued to rise at about seven percent.

One of the major contributors to our crime and traffic issues, besides disregard for the law and safety, is a lack of manpower. Due to a high number of calls for service, patrol units are not able to conduct highly visible traffic enforcement. The motor unit is tasked with high visibility enforcement, but staffs only six officers with an auxiliary unit of ten officers to assist with investigations. The Patrol Division has a high priority level for new staffing, resulting in a reduction of motor officers. The grant funds that have been awarded by the Office of Traffic Safety have been extremely beneficial to the residents, businesses, and visitors of San Bernardino. Grant funds put more officers on the streets for enforcement of traffic laws and educating the public.

In 2022, the San Bernardino Police Department was tasked with investigating 46 fatal traffic crashes, resulting in 48 deaths on our city streets. Many fatal traffic investigations were sent to the San Bernardino County District Attorney’s Office for review and possible manslaughter or murder filings due to gross negligence for several involved drivers. These investigations are time consuming and take the traffic officers off the street for a substantial amount of time, which also adds to the decrease in our proactive time to enforce traffic laws. The funds granted By California Office of Traffic Safety substantially increase officers proactive time to increase traffic safety.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit & run fatal crashes.

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16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:

National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
10 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 2 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 2 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training. 1

7. Send law enforcement personnel to SFST Instructor training. 1

8. Send law enforcement personnel to DRE Instructor training. 1

9. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
10 10. Conduct DUI Saturation Patrol operation(s). 16

11. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
6 12. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
2 13. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 2 14. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 6 15. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 16. Participate in highly visible collaborative DUI Enforcement operations. 2

17. Participate in highly visible collaborative Traffic Enforcement operations. 1

18. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
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3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 All training needed to implement the program should be conducted in the first quarter.  All grant related purchases needed to implement the program should be made in the first quarter.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

Media Requirements Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year)  The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.

Media Requirements

The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
 Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.

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 Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
 Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT24169

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
164AL-24 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$367,000.00
402PT-24 20.600 State and Community Highway
Safety
$200,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS

Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-24 $16,000.00 10 $160,000.00
DUI Saturation Patrols 164AL-24 $10,000.00 16 $160,000.00 Collaborative DUI Enforcement 164AL-24 $10,000.00 2 $20,000.00 Benefits for 164AL OT @ 5.25% 164AL-24 $340,000.00 1 $17,850.00 Traffic Enforcement 402PT-24 $10,000.00 6 $60,000.00
Distracted Driving 402PT-24 $10,000.00 2 $20,000.00
Motorcycle Safety 402PT-24 $10,000.00 2 $20,000.00
Pedestrian and Bicycle Enforcement 402PT-24 $10,000.00 6 $60,000.00 Traffic Safety Education 402PT-24 $2,500.00 2 $5,000.00 Collaborative Traffic Enforcement 402PT-24 $10,000.00 1 $10,000.00 Benefits for 402PT OT @ 5.25% 402PT-24 $175,000.00 1 $9,188.00 Category Sub-Total $542,038.00
B. TRAVEL EXPENSES
In State Travel 402PT-24 $6,812.00 1 $6,812.00
$0.00
Category Sub-Total $6,812.00
C. CONTRACTUAL SERVICES
Phlebotomist 164AL-24 $85.00 75 $6,375.00
Category Sub-Total $6,375.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-24 $2,775.00 1 $2,775.00
Lidar Device 402PT-24 $3,000.00 2 $6,000.00
Computer or Tablet 402PT-24 $3,000.00 1 $3,000.00
Category Sub-Total $11,775.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $567,000.00

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT24169

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Benefits for 164AL OT @ 5.25% - Medicare 1.45%
Unemployment Insurance 0.30%
Workers Compensation 3.5%
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Traffic Safety Education - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel.

Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
Benefits for 402PT OT @ 5.25% - Medicare 1.45%
Unemployment Insurance 0.30%
Workers Compensation 3.5%

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the California Traffic Safety Summit and the OTS Traffic Safety Law Enforcement Forum. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
Phlebotomist - To draw and collect blood samples during OTS funded grant operations from suspected DUI drivers on scene as evidence in support of DUI convictions in a court of law.

EQUIPMENT
-

OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.

Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).

Lidar Device - Light detection and ranging device used to measure the speed of motor vehicles. This device will be used for speed enforcement. Costs may include lidar devices, batteries, tax, and shipping.

Computer or Tablet - For use in tracking or conducting grant activities and producing required reports. Costs may include a desktop computer, monitor, laptop, tablet, printer, software and accessories.

INDIRECT COSTS
-

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STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT24169

Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58)

The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receiv es grant funding. Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:

 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:

 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
 49 CFR part 21 (entitled Non-discrimination in Federally -Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
 Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);  Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally- funded or not);
 Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
 Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and  Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).

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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regula tions,” respectively.

GENERAL ASSURANCES

In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary t o ensure that:

“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.”

The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rig hts Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of fun ding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

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By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub -recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigation s conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub -recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS

The undersigned certifies, to the best of his or her knowledge and belief, that:

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

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

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

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

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)

None of the funds under this program will be used for any activity specifically designed to urge or influence a State or loca l legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or

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otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS —

PRIMARY TIER COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred , or

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8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION —

LOWER TIER COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)

The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials wil l increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secr etary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS

No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any suc h subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

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DISCLOSURE REQUIREMENTS

No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the in terests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving comp any- owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 4, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager
Darren L. Goodman, Chief of Police
Department: Police
Subject: Acceptance of FY 2023 Edward Byrne Justice Assistance Grant (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino California, adopt Resolution No. 2023-154, authorizing:

1. The City Manager to accept the 2023 Edward Byrne Justice Assistance Grant; and

2. The Agency Director of Administrative Services to amend the FY2023/24 Adopted Budget by $230,081 in both revenue and expenditures.

Executive Summary
Staff recommends the acceptance of the FY 2023 Edward Byrne Justice Assistance Grant in the amount of $230,081 for the purpose of creating a real-time crime center within the Police Department.

Background
The San Bernardino Police Department is a sub-recipient of the Edward Byrne Memorial Justice Assistance Grant (JAG) through the County of San Bernardino. The JAG grant is a formulary grant that is allocated based on population and a three-year average of reported violent crime. The City of San Bernardino has been designated a disparate jurisdiction, which allows the City to receive one-and-one-half of the County Allocation. San Bernardino County serves as the grant recipient, administrator, and fiscal agent for the JAG program funds and is allowed to charge each jurisdiction a 5% administrative fee from the jurisdiction’s allocation. JAG grants are cash grants paid in advance with no requirement for matching funds.

Discussion
The San Bernardino Police Department has received a grant award in the amount of

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$230,081 for FY2023 for the grant period of 20/1/2022 through 9/3026. The grant was awarded to the City on August 22, 2023, with agreements sent for final approval on September 1, 2023. The project proposed for the FY2023 JAG grant was technology- based and involved the purchase of necessary hardware and software to establish a real-time crime center at the Police Department.
2021-2025 Strategic Targets and Goals
The request to authorize the receipt, obligation, and expenditure of the FY2023 JAG grant aligns with Goal No. 3. Improved Quality of Life: Constantly evaluate public safety service delivery models to enhance the quality of service.

Fiscal Impact
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino California, adopt Resolution No. 2023-154, authorizing:

1. The City Manager to accept the 2023 Edward Byrne Justice Assistance Grant; and

2. The Agency Director of Administrative Services to amend the FY2023/24 Adopted Budget by $230,081 in both revenue and expenditures.

Attachments
Attachment 1 – Resolution No. 2023-154
Attachment 2 – Interlocal Agreement
Ward:

All Wards
Synopsis of Previous Council Actions:

FINANCIAL
DATA
Current Fiscal Year: Next Fiscal Year: Total Cost: Ongoing Cost:

COST $ 230,081 $ 0 $ 230,081 $ 0

GENERAL
FUND
SHARE
$ 0 $ 0 $ 0 $ 0
SOURCE OF FUNDS:

The source of funding is the FY2023 JAG
award.

Budget Adjustment:

Yes
There is no fiscal impact to the General Fund.

The 2023/24 Budget will be amended by
$230,081 in both revenue and expenditures.

For Fiscal Year: 23/24

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March 1, 2023 Mayor and City Council adopted Resolution 2022-038, accepting the FY 2022 JAG grant
July 20, 2022 Mayor and City Council adopted Resolution 2022,220, accepting the FY 2020 and 2021 JAG grants
July 20, 2020 Mayor and City Council adopted Resolution 2020-220, accepting the 2017, 2018, and 2019 JAG grants
Nov 7, 2016 Mayor and City Council adopted Resolution 2016-230, accepting the 2016/17 JAG grant
May 2, 2016 Mayor and City Council adopted Resolution 2016-87, accepting the 2015/16 JAG grant
June 16, 2014 Mayor and City Council adopted Resolution 2014-17, accepting the 2014/15 JAG grant

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Resolution No. 2023-154
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RESOLUTION NO. 2023-154

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO ACCEPT THE
2023 EDWARD BYRNE JUSTICE ASSISTANCE GRANT
(JAG) AND AGENCY DIRECTOR OF ADMINISTRATIVE
SERVICES TO AMEND THE FISCAL YEAR 2023/24
ADOPTED BUDGET BY $230,081 IN BOTH REVENUE AND
EXPENDITURES.

WHEREAS, the City of San Bernardino is a SUB-RECIPIENT TO THE County of San Bernardino for the Edward Byrne Memorial Justice Assistance Grant; and WHEREAS, the City of San Bernardino has been awarded the 2023 Edward Byrne Memorial Justice Assistance Grant in the amount of $230,081; and

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The City Manager is authorized to execute the 2023 Interlocal Agreement for the Edward Byrne Memorial Justice Assistance Grant and execute any documents as may be necessary to accept grant funds.

SECTION 3. The Agency Director of Administrative Services is authorized to amend the FY2023/24 Adopted Budget, appropriating $230,081 in revenue and expenditure.

SECTION 6. Effective Date. This Resolution shall become effective immediately.

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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of October 2023.

Helen Tran, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-154, adopted at a regular meeting held on the 4th day of October 2023 by the following vote:

Genoveva Rocha, CMC, City Clerk

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 4, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Ernesto Salinas, Acting Director of Public Works, Operations and Maintenance
Department: Public Works
Subject: Five-Year Capital Improvement Plan FY 2023/24 to FY 2027/28 for Measure I Local Expenditures
(All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-155 approving the Measure I Five-Year Capital Improvement Plan for Fiscal Year 2023/24 through Fiscal Year 2027/28 and Measure I Expenditure Strategy.

Executive Summary:

Adoption of Resolution No. 2023-155 will approve the Five-Year Measure I Capital Improvement Plan (MICIP) and approve the Measure I Expenditure Strategy. The Resolution is required to continue to receive Measure I Local Street Project Funds (Local Funds). The projects identified in the Resolution have been previously identified in the City’s Capital Improvement Plan and will not impact the General Fund.

Background
In November 1989, voters approved Measure I that authorized the San Bernardino County Transportation Authority (SBCTA) to impose a one-half of one percent retail transaction and use tax. This tax was applicable throughout the County for a period of 20 years beginning April 1, 1990, and extending to March 31, 2010, and is commonly known as the 1/2-Cent Sales and Road Tax (Measure I). In November 2004, voters approved an extension of the 1/2-cent sales tax for an additional 30 years from April 1, 2010, through March 31, 2040.

Discussion
The City is required to adopt a Five-Year MCIP annually. This plan identifies projects and the estimated Measure I expenditures. This an annual requirement to continue to receive Local Funds. Local Funds can be expensed for any eligible transportation

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purpose determined to be a local priority. This includes improvements for local streets, major highways, state highway, transit, and other improvements that maximize the use of transportation facilities. Expenditure of Local Funds shall be based upon a Five-Year MICIP adopted annually by the governing body of each jurisdiction after being made available for public review and comment.

The Five-Year MICIP only relates to the expenditure of Measure I funds, and each agency is required to update their plan annually. If approved, the City would be committed to expending funds in accordance with the first year of the MICIP. The second through fifth years are estimates for planning purposes and the MICIP will be evaluated annually to update projects and estimates identified in future years.

In addition to obtaining approval for the proposed Five-Year MICIP for FY 2023- 2028, the proposed Resolution includes language asserting that the City of San Bernardino will meet its base year level Maintenance of Effort of approximately $1.1M for FY 2023/24. Pursuant to Policy VLS-25 of the Measure I Strategic Plan, jurisdictions provide an annual statement in the resolution of the governing body adopting the Five-Year MICIP which acknowledges that the jurisdiction will maintain General Fund expenditures for transportation related construction and maintenance activities at the required base year level within the fiscal year.

City staff is recommending approval of the proposed Five-Year MICIP for FY 2023- 2028 (Attachment 2, Exhibit A). The projects shown in the five years of the MICIP reflect the projects and budget amounts included in the City's previously adopted Capital Improvement Plan budget. However, only projects in the first year of the budget are funded in FY 2023/24. The City is projected to receive $5,887,271 in Measure I pass-thru funds for fiscal year 2023/24 and Exhibit A of the Resolution indicates the way those funds have been allocated in the City’s Capital Improvement Budget.

Changes to the MICIP during the year are permitted, subject to approval of plan amendments by Resolution of the Mayor and City Council. SBCTA also requires the local agencies to provide an "Expenditure Strategy", included as Exhibit B of the Resolution.
2021-2025 Strategic Targets and Goals
The Measure I Five-year MICIP is consistent with Key Target No. 1d: Improved Operational & Financial Capacity - Create a framework for spending decisions as it reflects the most current and highest priority need for use of Measure I Funds in FY 2023/24.

Fiscal Impact
There is no General Fund impact associated with this action. The projects listed in the proposed Five-Year MICIP Fiscal Year 2023/24 - 2027/28 for Measure I Local Expenditures for the City of San Bernardino have previously been identified in the City's Capital Improvement Plan.

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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-155 approving the Measure I Five-Year Capital Improvement Plan for Fiscal Year 2023/24 through Fiscal Year 2027/28 and Measure I Expenditure Strategy.

Attachments
Attachment 1 Resolution No. 2023-155
Attachment 2 Exhibit A, Five-Year Capital Improvement Plan Attachment 3 Exhibit B, Expenditure Strategy
Ward:

All Wards
Synopsis of Previous Council Actions:

June 17, 2020 Resolution No. 2020-143 adopted the Five-Year Measure I Capital Improvement Program for FY 2020/21 – FY 2024/25.

June 2, 2021 Resolution No. 2021-130 adopted the Revised Five-Year Measure I Capital Improvement Program for
FY 2020/21 – FY 2024/25
July 21, 2021 Resolution No. 2021-182 adopted the Five-Year Measure I Capital Improvement Program for
FY 2021/22 – FY 2025/26
June 15, 2022 Resolution No. 2022-133 adopted the Revised Five-Year Measure I Capital Improvement Program for
FY 2022/23 – FY 2026/27
July 15, 2022 Resolution No. 2022-1350 adopted the Revised Five-Year Measure I Capital Improvement Program for
FY 2022/23 – FY 2026/27

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RESOLUTION NO. 2023-155

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA

APPROVING THE MEASURE I FIVE-YEAR CAPITAL
IMPROVEMENT PLAN FOR FISCAL YEAR 2022/23
THROUGH FISCAL YEAR 2026/27 AND MEASURE I

EXPENDITURE STRATEGY
WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and
WHEREAS, Revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04- 01 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Street Program to annually adopt and update a Five-Year Capital Improvement Plan; and
WHEREAS, in compliance with Policy VLS-25 of the Measure I Strategic Plan, the City hereby acknowledges that it will maintain General Fund expenditures for transportation-related construction and maintenance activities at the required Maintenance of Effort (MOE) base year level for FY 2023/24.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The Mayor and City Council of the City of San Bernardino hereby approves the Five-Year Capital Improvement Plan (FY 23/24 through FY 27/28) for Measure I Local Expenditures (MICIP) attached hereto and incorporated herein as Exhibit ‘A’.

SECTION 3. The Mayor and City Council of the City of San Bernardino hereby approves the Expenditure Strategy attached hereto and incorporated herein as Exhibit ‘B’.

SECTION 4. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 6. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of October 2023.

Helen Tran, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

City Attorney

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-155, adopted at a regular meeting held on the 4th day of October 2023 by the following vote:

Genoveva Rocha, CMC, City Clerk

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Exhibit A
Resolution Number:

Resolution Approval Date:

Contact Person/Title:

Phone:Email:
6/30/23 Carryover Balance $10,758,658.00
FY2023/24 Est. RevenueFY2024/25 Est. RevenueFY2025/26 Est. RevenueFY2026/27 Est. RevenueFY2027/28 Est. Revenue Total Est. Rev. $5,831,187 $5,968,975 $6,143,263 $6,322,614 $6,507,173 $30,773,212 Projects:State HWY I-215 and University Parkway Interchange Improvements (7240) No No 0.0% 0.0% $3,000,000 $1,000,000 $1,000,000 $0 $0 $0 $2,000,000 H St. Widening from Kendall Dr. to 40th St. (7872) No No 0.0% 0.0% $1,900,000 $5,000 $0 $0 $0 $0 $5,000 ATP Cycle 2 Safe Route to School No Yes 0.0% 0.0% $453,000 $65,200 $0 $0 $0 $0 $65,200 Citywide Pavement Rehabilitation (7306) No No 0.0% 0.0% $380,000 $380,000 $0 $0 $0 $0 $380,000City of Highland Joint Projects: Pacific Avenue Pavement Rehabiliation (8674) No No 0.0% 0.0% $844,000 $844,000 $0 $0 $0 $0 $844,000 Pepper Ave Rehabilitation (8713) No No 0.0% 0.0% $2,800,000 $2,800,000 $0 $0 $0 $0 $2,800,000 Mill and K Street Traffic Signal Upgrade (8715) No No 0.0% 0.0% $3,700 $3,700 $0 $0 $0 $0 $3,700 Mill Street and Arrowhead Traffic Signal Upgrade (8716) No No 0.0% 0.0% $10,700 $10,700 $0 $0 $0 $0 $10,700Sierra Way from 9th Street to 40th Street, Street Pavement & Concrete Work Improvements (8833) No No 0.0% 0.0% $98,000 $98,000 $0 $0 $0 $0 $98,000 Street Rehabilitation : Bellview St., 27th St., Temple St. (8834, 8835, 8836) No No 0.0% 0.0% $543,000 $543,000 $0 $0 $0 $543,000 SB County Joint Rehab Projects (8885) No No 0.0% 0.0% $8,003,500 $300,000 $1,071,000 $0 $0 $0 $1,371,000 Alabama Street Rehabilitation Project (8898) No No 0.0% 0.0% $22,000 $0 $22,000 $0 $0 $0 $22,000State Highway CA-210 Interchange Improvements at Waterman Avenue (8927) No No 0.0% 0.0% $1,300,000 $1,300,000 $0 $0 $0 $0 $1,300,000 Pavement Management Program (8956) No No 0.0% 0.0% $1,000,000 $500,000 $500,000 $0 $0 $0 $1,000,000 Arrowhead Farm Street Rehabilitation (8979) No No 0.0% 0.0% $0 $0 $490,000 $0 $0 $0 $490,000 $7,306,600 $3,626,000 $0 $0 $0 $10,932,600
Total Programming is currently 26% Total Estimated Programming: $10,932,600 Is Project in City'sNon-motorized Transportation Plan?(Yes/No) Does Project have an ATP Component?(Yes/No)
Is the Project on the City's Nexus Study List?(Public/DIF Share %) Estimated Total Project Cost
[email protected]
Projects Total:

San Bernardino
CurrentEstimate CurrentEstimate TotalCurrentEstimate CurrentEstimate CurrentEstimate (Must not exceed 150% of Carryover Balance + Total Estimated Revenue) Jurisdiction:2023-XX
10/4/2023
Ernesto Salinas, Int Director of PW
(909) 384-5140
Measure I Local Pass-through Program
FIVE YEAR CAPITAL IMPROVEMENT PLANFiscal Years 2023/2024 thru 2027/2028

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EXHIBIT B

CITY OF SAN BERNARDINO

MEASURE I CAPITAL IMPROVEMENT PLAN

EXPENDITURE STRATEGY
Fiscal Year 2023/2024 to 2027/2028
The City of San Bernardino will continue to place emphasis on both its regional and sub-regional arterial roadway system. At least fifty percent of the City's Measure I allocation will be earmarked for specific capital projects that are geared toward improving traffic flow and motorist convenience. Failing pavement surfaces will be rehabilitated and traffic striping modified as needed to accommodate increased traffic demand; and intersection capacity will be improved with new and modified traffic signals.

In addition to the above Capital Improvement Program, San Bernardino will continue to allocate up to fifty percent of its annual Measure I funds towards public works maintenance activities.

Maintenance work will continue to include the City's traffic signal systems, sidewalk and curb repair, and pavement repair and overlay on the local street system.

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Resolution Number:

Resolution Approval Date:

Contact Person/Title:
2023-XX
10/4/2023
Jurisdiction:Measure I Local Pass-through Program
FIVE YEAR CAPITAL IMPROVEMENT PLAN San BernardinoErnesto Salinas, Int Director of PW (909) 384-5140Phone:

Email: Fiscal Years 2023/2024 thru 2027/[email protected] 6/30/23 Carryover Balance
FY2023/24 Est. Revenue FY2024/25 Est. Revenue FY2025/26 Est. Revenue FY2026/27 Est. Revenue FY2027/28 Est. Revenue $10,848,525.12
Total Est. Rev.Is Project in
City's
Non-motorized
Transportation Component?
Plan?
(Yes/No)
Does Project
have an ATP Is the Project on the City's
Nexus Study List?
(Public/DIF Share %)
Estimated Total
Project Cost $5,831,187 $5,968,975 $6,143,263 $6,322,614 $6,507,173 $30,773,212 Total(Yes/No) Current Current Current Current Current
Projects: Estimate Estimate Estimate Estimate Estimate
State HWY I-215 and University Parkway Interchange
Improvements (7240) No No 0.0% 0.0% $3,000,000 $1,000,000 $1,000,000 $0 $0 $0 $2,000,000 H St. Widening from Kendall Dr. to 40th St. (7872)
ATP Cycle 2 Safe Route to School
No
No
No
No
Yes
No

0.0%

0.0%
$1,900,000
$453,000
$380,000
$5,000
$65,200
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$5,000
$65,200
Citywide Pavement Rehabilitation (7306) $380,000 $380,000 City of Highland Joint Projects: Pacific Avenue Pavement Rehabiliation (8674) No
No
No
No
No
No

0.0%

0.0%
$1,273,097
$2,800,000
$98,000
$844,000
$2,800,000
$98,000
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$844,000
$2,800,000
$98,000
Pepper Ave Rehabilitation (8713)
Sierra Way from 9th Street to 40th Street, Street Pavement & Concrete Work Improvements (8833)
Street Rehabilitation : Bellview St., 27th St., Temple St. (8834, 8835, 8836) No No 0.0% 0.0% $543,000 $543,000 $0 $0 $0 $543,000 SB County Joint Rehab Projects (8885) No
No
No
No

0.0%

0.0%
$8,003,500
$22,000
$300,000
$0
$1,071,000
$22,000
$0
$0
$0
$0
$0
$0
$1,371,000
$22,000Alabama Street Rehabilitation Project (8898)
State Highway CA-210 Interchange Improvements at Waterman Avenue (8927) No No 0.0% 0.0% $1,398,270 $1,300,000 $0 $0 $0 $0 $1,300,000 Pavement Management Program (8956) No
No
No
No

0.0%

0.0%
$1,000,000
$0
$500,000
$0
$500,000
$490,000
$0
$0
$0
$0
$0
$0
$0
$0
$0
$1,000,000
$490,000Arrowhead Farm Street Rehabilitation (8979)
Projects Total: $7,292,200 $3,626,000 $10,918,200
(Must not exceed 150% of Carryover
Balance + Total Estimated Revenue)Total Programming is currently 26% Total Estimated Programming: $10,918,200

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EXHIBIT B

CITY OF SAN BERNARDINO

MEASURE I CAPITAL IMPROVEMENT PLAN

EXPENDITURE STRATEGY
Fiscal Year 2023/2024 to 2027/2028

The City of San Bernardino will continue to place emphasis on both its regional and sub-regional arterial roadway system. At least fifty percent of the City's Measure I allocation will be earmarked for specific capital projects that are geared toward improving traffic flow and motorist convenience. Failing pavement surfaces will be rehabilitated and traffic striping modified as needed to accommodate increased traffic demand; and intersection capacity will be improved with new and modified traffic signals.

In addition to the above Capital Improvement Program, San Bernardino will continue to allocate up to fifty percent of its annual Measure I funds towards public works maintenance activities.

Maintenance work will continue to include the City's traffic s ignal systems, sidewalk and curb repair, and pavement repair and overlay on the local street system.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 4, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Ernesto Salinas, Acting Director of Public Works, Operations and Maintenance
Department: Public Works
Subject: Contract Change Order Approval – 5th Street Senior Center Kitchen Improvements (Ward 1)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-156:

1. Authorizing the Agency Director of Administrative Services to record a budget amendment from Measure S Fund balance to allocate an additional $69,183.27 to fund the required change order to complete the 5th Street Senior Center Kitchen Improvements (“Project”); and

2. Approving the Construction Contract Change Order with Preferred General Services in the amount of $500,846.50 to provide improvements to the 5th Street Senior Center Kitchen; and

3. Authorizing the project construction and construction contingencies in the total amount of $520,573.30 for the 5th Street Senior Kitchen Improvements; and

4. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

Executive Summary
The 5th Street Senior Center Kitchen provides meals and food delivery services to local seniors in the community. The County of San Bernardino Health Department provided additional health code requirements that need to be completed before the 5 th Street Senior Center Kitchen can open and become operational again. To complete the required improvements, a change order to the contract with Preferred General Services is needed.

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Public Works staff is requesting a budget amendment to be completed from Measure S Fund balance in the amount of $69,183.27 to authorize a contract change order including construction contingencies in the amount of $520,573.30 to Preferred General Services.

Background
The City owns, maintains, and operates the 5th Street Senior Center. The 5 th Street Senior Center offers senior residents an array of programs. The Senior Center programs and activities give older adults a chance to enjoy time with others, stay active and engaged, and healthy. The Center offers meals and food delivery services to the local senior community under the Senior Nutrition Program. These meals are prepared in the Center Kitchen. The facility was identified as needing kitchen improvements.

On June 16, 2021, the Mayor and City Council adopted Resolution No. 2021-138 approving the FY 2021/2022 Capital Improvement Plan (CIP), establishing funding for design and construction of the 5th Street Senior Center Kitchen Improvements project.

On July 20, 2022, the Mayor and City Council adopted Resolution No. 2022-137 approving the award of a construction contract with Preferred General Services in the amount of $394,974 to provide such improvements. The Resolution also authorized the Agency Director of Administrative Services to record a budget amendment from the Measure S fund to allocate an additional $217,061 to fund the 5th Street Senior Center Kitchen Improvements project.

Preferred General Services completed such improvements, however, the San Bernardino County Health department required additional improvements to comply with the Health and Safety Code. These additional improvements require a change order.

Discussion
The contract with Preferred General Services was awarded to provide removal of existing appliances, fiberglass reinforced paneling, electrical outlets, lighting, walk-in freezer, epoxy flooring, scullery system and waterless food warmer.

Following a field inspection by the San Bernardino Health Department, additional improvements were identified that must be completed in order to meet Health and Safety Code requirements for the kitchen to become operational.

Staff negotiated a contract change order with the contractor to add the following to the contract:
•Replacement of the existing water heater to meet the Kitchen’s energy demand.
•Install water mixing valves in all restrooms sinks in order to prevent scalding. •Replace T-bar acoustical panels with vinyl wrapped panels. •Replace two compartment sinks with three compartment sinks.

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•Replace non-operational roof make up air cooler.
•Provide an air volume and balance report.
•Remove equipment, smooth out epoxy flooring under all equipment, and reinstall.
•Remove rubber cove base throughout and install epoxy cove base. •Remove existing LVT (Luxury Vinyl Tile) in kitchen preparation area and replace with epoxy flooring.
•Remove existing flooring and install epoxy flooring in mop closet. •Drain the 3-compartment sink, dish machine, pre-rinse, and the walk-in refrigerator/freezer indirectly to a floor sink.

The total cost of all additional work as part of this Contract Change Order is $90,273.20.

The Measure S Fund impact is an additional allocation of $69,183.27 to complete this project. The project costs and associated funding are outlined below:
5th Street Senior Kitchen Project budget $217,939.00
Original Fund allocation from Measure S $217,061.00
Available Account Balance (007-160-8860) $ 16,390.03
Budget Amendment Needed from Measure S $ 69,183.27
Total Available Project Funding $520,573.00
The estimated project costs as well as available funding in FY 2022/23 Capital Improvement Plan are summarized below:

Original Project Bid Amount $394,974.00 Original Construction Contingency Used $ 40,026.00 Contract Change Order $ 65,846.50
Contract Change Order Contingency $ 19,726.80 Total Contract Work $520,573.30
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No.1e: Improved Operational & Financial Capacity – Minimize risk and litigation exposure. Approval of this project will result in public improvements being constructed that minimize risk and litigation exposure through kitchen improvements for 5th Street Senior Center.

Fiscal Impact
The total available funding amount budgeted and amended in Fiscal Year 2022/23 for this project was $451,390.03. To cover the costs of the change order, a budget amendment in the amount of $69,183.27 from the Measure S Fund is being requested to complete the Project.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-156:

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2. Approving the Construction Contract Change Order with Preferred General Services in the amount of $500,846.50 to provide improvements to the 5th Street Senior Center Kitchen; and

3. Authorizing the project construction and construction contingencies in the total amount of $520,573.30 for the 5th Street Senior Kitchen Improvements; and

4. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

Attachments
Attachment 1 Resolution No. 2023-156
Attachment 2 Agreement with Preferred General Services
Attachment 3 Change Order Preferred General Services
Ward:

First Ward
Synopsis of Previous Council Actions:

June 16, 2021 Mayor and City Council adopted Resolution No. 2021-138 approving the FY 2021/2022 Capital Improvement Plan (CIP), establishing funding for the 5th Street Senior Center Kitchen Improvements project.

July 20, 2022 Mayor and City Council adopted Resolution No. 2022-137 approving the award of a construction contract to Preferred General Services for the 5th Street Senior Center Kitchen Improvements.

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RESOLUTION NO. 2023-156

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING THE AWARD OF A CONSTRUCTION

CONTRACT WITH PREFERRED GENERAL SERVICES IN
THE AMOUNT OF $500,846.50 TO PROVIDE
IMPROVEMENTS TO 5TH STREET SENIOR CENTER
KITCHEN; AND AUTHORIZING THE AGENCY

DIRECTOR OF ADMINISTRATIVE SERVICES TO

RECORD A BUDGET AMENDMENT FROM MEASURE S

FUND BALANCE TO ALLOCATE AN ADDITIONAL
$69,183.27 TO FUND THE REQUIRED CHANGE ORDER TO
COMPLETE THE 5 TH STREET SENIOR CENTER
KITCHEN IMPROVEMENTS; AND AUTHORIZING

PROJECT CONSTRUCTION AND CONSTRUCTION

CONTINGENCIES IN THE TOTAL AMOUNT OF
$520,573.30 FOR THE 5TH STREET SENIOR CENTER
KITCHEN IMPROVEMENTS; AND AUTHORIZING THE

CITY MANAGER OR DESIGNEE TO EXPEND THE

CONTINGENCY FUND, IF NECESSARY, TO COMPLETE

THE PROJECT
WHEREAS, the City is responsible for maintaining 5th Street Community Senior Center located at 600 West 5th Street in the City of San Bernardino; and WHEREAS, on June 16, 2021, the Mayor and City Council adopted Resolution No. 2021- 138 approving the FY 2021/2022 Capital Improvement Plan (CIP), establishing the funding for the design and construction of the 5th Street Senior Center Kitchen Improvements project; and WHEREAS, on July 20, 2022, the Mayor and City Council adopted Resolution No. 2022- 137 approving the award of a construction contract with Preferred General Services in the amount of $394,974 to provide improvements to the 5th Street Senior Center Kitchen and authorized the Agency Director of Administrative Services to record a budget amendment from the Measure S fund to allocate an additional $217,061 to fund the 5th Street Senior Center Kitchen Improvements project; and WHEREAS, additional construction services are needed to complete the project, additional funding is required with a total project budget of $520,573.30.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.

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Resolution No. 2023-156
Resolution 2023-156
October 4, 2023

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SECTION 2. The Mayor and City Council hereby authorize the City Manager, or designee, to execute all documents for the construction of 5th Street Senior Center Kitchen Improvements project with Preferred General Services, of Apple Valley, California, for Project No. 13472 on behalf of the City and to expend contingency funds, if necessary, to complete the Project.

SECTION 3. The Mayor and City Council hereby authorize the Agency Director of Administrative Services to record a budget amendment in the amount of $69,183.27 from Measure S Fund balance to complete the Project.

SECTION 4.The Mayor and City Council hereby authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $500,846.50 to Preferred General Services, of Apple Valley, California, in support of the Construction Agreement.

SECTION 5.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 6.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 7. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of October 2023.

Helen Tran, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk

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Resolution 2023-156
October 4, 2023

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Approved as to form:

Sonia Carvalho, City Attorney

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Resolution No. 2023-156
Resolution 2023-156
October 4, 2023

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-156, adopted at a regular meeting held on the 4th day of October 2023 by the following vote:

Genoveva Rocha, CMC, City Clerk

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PREFERRED GENERAL SERVICES
DVBE – SBE # 2003750
Dir # 1000008090
B & C-15 CSLB# 606321
Office (760) 240-3236
Fax (760) 657-2580
Email [email protected]
WATER HEATER Rheem 100 Gallon 199,000 BTU 8,604.50 $
WATER HEATER LABOR 2,484.00$
WATER MIXING VALVES 12 locations 363.1 4,357.20 $
Mixing Valve Labor 2,332.80$
Replace T-Bar Acoustical Panels with Vinyl Wrapped Panels 4,804.00 $ Food Prep Rm & Small Storage Rm
3 Compartment Sink - Disconnect from wall sewer drain - Reroute drain to Floor Sink 675.00 $ New wall Drain - Parts 235.00$
Roof Make Up Air Cooler - Replace Pump, Start Up Service and Adjust Labor 350.00 $ Parts 125.00$
Air Volume and Balance Report 1,200.00$
Smooth out Epoxy Flooring under equipment 3, 050.00$
Remove rubber cove base in Restroom, Locker Storage, Hallway and Storage Room and 3,900.00 $ install epoxy cove base. There will be a seam at the cove/floor transition.

Remove LVT flooring in Room 101 Food Prep and Room 102 Food Prep Storage rooms and install Sunbelt 1100 resinous flooring and cove base. 640 sq. ft. and 146 lin. Ft. of cove base. 23,350.00$
Install fillers at bottom of lockers 400.00$
Mop Closet - Strip Floor, Install FRP, Install Epoxy Floor & Cove 3,490.00 $ Remove 2 compartment sink and install custom 3 compartment sink - Dishwashing Room 9,600.00 $ Includes plumbing modifications, lever drain.

Install Floor Sink for Freezer Refrigerator Condensate Line (Refer #6) 1,950.00 $ Install New Floor sinks in Scullery Area. Cut & Remove concrete slab, reconfigure drainage, repour floor re-epoxy floor. (Refer #5) * Based on simple conections to existing floor drain. 9,500.00 $ No building plans avaiable.

Equipment Move out and Move in 8,700.00 $
89,107.50$
San Bernardino County Tax 1,165.70 $
Total 90,273.20 $
8/16/2023

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Consent Calendar
City of San Bernardino
Request for Council Action
Date: October 4, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Ernesto Salinas, Director of Public Works, Operations and Maintenance
Department: Public Works
Subject: Adoption of Ordinance No. MC-1621 to Grant a Franchise to Southern California Gas Company
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Ordinance No. MC-1621 An Ordinance of the Mayor and City Council of the City of San Bernardino, California, granting to Southern California Gas Company, a corporation, its successors and assigns, the right, privilege and franchise to lay and use pipes and appurtenances for transmitting and distributing gas for any all purposes under, along, across or upon the public streets, ways, alleys, and places, as the same now or may hereafter exist, within said municipality.

Executive Summary:

Staff is recommending the Council take actions to grant a municipal utility franchise agreement to Southern California Gas Company (SCG) to provide utility services.

The 20-year agreement would be effective on October 4, 2023, and expire on October 4, 2043. Under the terms in the agreement (consistent with the California Public Utilities Commission guidelines) SCG will pay the city a franchise fee of 2% and relocate its facilities at no cost to the City when in conflict with public construction projects. There is no fiscal impact associated with this action. The City currently receives an average of $700,000 in revenue annually.

Background
In September 2003, the City entered into a 20-year franchise agreement with SCG.

Ordinance No. MC-1149 was adopted by the City Council on August 4, 2003, with an expiration date of September 4, 2023.

In January 2023, SCG contacted City staff with a proposal to execute a new utility franchise agreement within the incorporated City limits in accordance with Section

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6261 of the California Public Utilities Code. The length of the proposed franchise spans across a 20-year term and will be effective 30 days following adoption of the proposed Ordinance on October 4, 2023. SCG filed an application with the City Clerk for a gas franchise and submitted a request for a license. They completed the application in July 2023.

The City accepted the SCG’s application at the August 2, 2023 City Council meeting and enacted the resolution of intention to grant a gas franchise, and approved the license agreement. The license extended the terms of the existing franchise agreement for up to 120 days, providing time for a new agreement to be completed.

On September 6, 2023, the City conducted a public hearing and introduction of the proposed ordinance.

Discussion
A municipal utility franchise agreement is a contract between a City and a utility service provider that includes terms and conditions under which the service provider may install infrastructure in public rights-of-way to provide utility services.

The proposed franchise includes a 20-year term, with an effective date of October 4, 2023. The agreement allows the utility to construct, maintain and operate its natural gas system in the City-owned public rights-of-way. In exchange, the agreement requires SCG to pay the City gross receipts from the sale of gas, which is a fee that is equal to the higher of:
•Two percent (2%) of the gross annual receipts of the grantee derived from the use, operation or possession of this franchise.
•Two percent (2%) of the gross annual receipts of the grantee derived from the sale, transmission, or distribution of gas within the limits of the City under this franchise.

The franchise fee is determined by Public Utilities Code Section 6231 (c). The agreement also requires SCG to relocate its facilities, at no cost to the City, when in conflict with public construction projects. The average annual revenue generated from this Franchise over the last 5 fiscal years is approximately $700,000.

SoCalGas rates are regulated and approved by the California Public Utilities Commission (CPUC). The Current Charges on a bill are based on four components:
•Customer Charge – Based on days of service.
•Gas Transportation Cost – The cost to deliver natural gas. •Gas Commodity – The cost of natural gas purchased by SoCalGas on behalf of its customers.

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•Taxes and Fees – Includes the CPUC mandated Public Purpose Surcharge and any state or local fees and taxes.

As currently drafted, no additional Franchise line item would be added to customers’ bills and the Utility Users Tax (UUT) will not change.

The general rule of State CEQA Guidelines Section 15061 (b)(3), is that CEQA (California Environmental Quality Act) applies only to projects which have the potential for causing a significant effect on the environment. The planned actions are exempt from those terms. The proposed Ordinance is not a project subject to the California Environmental Quality Act in accordance with Section 21 065 of CEQA and State CEQA Guidelines Sections 15060 (c)(2), 15060 (c)(3), and15378. 2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No.4: Economic Growth & Development.

The proposed franchise is consistent with the Council's goals to maintain fiscal responsibility and stability; to improve, maintain and enhance public facilities and infrastructure; to support and promote the quality of life and local economy; and to ensure public safety.

Fiscal Impact
Based on the past five years of revenue, Franchise fees are expected to generate an annual revenue of approximately $500,000 to $1,000,000 per year for the General Fund.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Ordinance No. MC-1621 An Ordinance of the Mayor and City Council of the City of San Bernardino, California, granting to Southern California Gas Company, a corporation, its successors and assigns, the right, privilege and franchise to lay and use pipes and appurtenances for transmitting and distributing gas for any all purposes under, along, across or upon the public streets, ways, alleys, and places, as the same now or may hereafter exist, within said municipality.

Attachments
Attachment 1 Ordinance No. MC-1621
Attachment 2 Ordinance No. MC-1149
.

Ward:

All Wards
Synopsis of Previous Council Actions:

September 6, 2023 Mayor and City Council conducted a public hearing and introduction of Ordinance MC-1621.

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Mayor and City CouncilOctober 4, 2023

Mayor and City Council
October 4, 2023