Mayor and City Council of the City of San Bernardino Page 1
CITY OF SAN BERNARDINO
REVISED AGENDA
FOR THE
REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO,
MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT
AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE
HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO
ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, OCTOBER 04, 2023
5:30 PM - CLOSED SESSION 7:00 PM - OPEN SESSION
FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez
COUNCIL MEMBER, WARD 1 Helen Tran
MAYOR
Damon L. Alexander
COUNCIL MEMBER, WARD 7
Sandra Ibarra
COUNCIL MEMBER, WARD 2
Charles E. McNeely
INTERIM CITY MANAGER
Juan Figueroa
COUNCIL MEMBER, WARD 3
Sonia Carvalho
CITY ATTORNEY
Fred Shorett
MAYOR PRO TEM, WARD 4
Genoveva Rocha
CITY CLERK
Ben Reynoso
COUNCIL MEMBER, WARD 5
Kimberly Calvin
COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.
PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC COMMENT
OPTIONS, OR CLICK ON THE FOLLOWING
LINK: TINYURL.COM/MCCPUBLICCOMMENTS
Please contact the City Clerk's Office (909) 384-5002 two working days prior to the meeting for any requests for reasonable accommodation, to include interpreters.
To view PowerPoint presentations, written comments, or any revised documents for this meeting date, use this link: tinyurl.com/agendabackup. Select the corresponding year and meeting date folders to view documents.
Mayor and City Council of the City of San Bernardino Page 2
CALL TO ORDER
Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Mayor Pro Tem, Ward 4 Fred Shorett
Council Member, Ward 5 Ben Reynoso
Council Member, Ward 6 Kimberly Calvin
Council Member, Ward 7 Damon L Alexander
Mayor Helen Tran
Interim City Manager Charles E. McNeely
Ci
ty Attorney Sonia Carvalho
City Clerk Genoveva Rocha
5:30 P.M.
CLOSED SESSION PUBLIC
COMMENT
CLOSED SESSION
A) Recommendation:
A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i. Alliance for Constitutional Sex Offense Law, Inc; and John Doe v.
City of San Bernardino, San Bernardino Superior Court Case No.
CIVSB2308625B)
B) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957)
City Manager
7:00 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
Mayor and City Council of the City of San Bernardino Page 3
PRESENTATIONS
1. October 2023 Citizen of the Month – Manal Iskander, Greenshack – 2nd Ward p. 15
2. October 2023 Citizen of the Month – George’s Burgers – 2nd Ward p. 17
3. October 2023 Citizen of the Month – Meiga Sushi – 2nd Ward p. 19
4. October 2023 Citizen of the Month – Omar Aguirre, Tacos Arandas – 2nd Ward p. 21
5. October 2023 Citizen of the Month – Miyagi Sushi – 2nd Ward p. 23
6. Presentation of the City of San Bernardino Summer 2023 Youth Basketball All Star Participants p. 25
7. Recognition of Cal State San Bernardino University Baseball and Coach Mike Nadeau on his accomplishment in leading the team to its first National Collegiate Athletic Association run and being named Coach of the Year p. 55
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
CITY MANAGER UPDATE
CONSENT CALENDAR
8. Adoption of the Strategic Initiatives (All Wards) p. 60 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Adopt Resolution No. 2023-144:
a. Approv
ing and authorizing the Agency Director of Administrative Services to amend the City of San Bernardino’s FY 2023/24 Operating Budget totaling $6,636,293 with $1,610,693 in General Fund appropriations, $3,325,600 in General Fund Strategic Reserve appropriations, and $1,700,000 in General Fund Capital Contingency Reserve appropriations; and
b. Approving the allocation of $2,000,000 beginning FY 2026/27 to sustain homelessness-related services; and
Mayor and City Council of the City of San Bernardino Page 4 c. Approving the creation of the Economic Development Department; and d. Directing staff to prepare an d bring back a revised City salary schedule to include any new positions that are budgeted and the retitling of the Agency Directors.
2. Approve prioritizing the ADA Master Plan (future phases), Storm Drain Master Plan, and Facility/Building Management Master Plan as part of the biennial
budget process; and
3. Direct staff to bring back Strategic Initiatives that require further Council review
and approval.
9. Adoption of Ordinance No. MC-1619 Amending Chapter 15.27 of the San Bernardino Municipal Code, Regarding Rental Housing Program Maintenance Standards p. 70
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino:
adopt
Ordinance No. MC-1619 Amending Chapter 15.27 of the San Bernardino Municipal Code, Regarding Rental Housing Program Maintenance Standards.
10. Settlement Agreement of Escrow Account Funds with Los Angeles Engineering p. 80
Recommendation:
It
is recommended that the Mayor and City Council of San Bernardino, California:
1. Approve the Settlement
Agreement of Escrow Account Funds jointly held
with Los Angeles Engineering, a California Corporation; and
2. Authorize the City Manager, or designee, to execute the Settlement Agreement,
receive the funds, and close the escrow account.
11. City Board,
Commission, and Citizen Advisory Committee Minutes Approved in August and September 2023 p. 88
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in August and September 2023.
12. Senior Human Resources/Risk Analyst Classification Title Change p. 119 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
Adopt Resolution 2023-147:
1. Updating the Senior Human Resources/Risk Analyst classification title to Supervising Human Resources
Analyst; and
Mayor and City Council of the City of San Bernardino Page 5
2. Amending the City -wide salary schedule for full-time, part -time, temporary, and seasonal positions.
13. Library Literacy Program Grant Funding (All Wards) p. 133 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt
Resolution No. 2023-148 approving:
1. Accepti
ng grant funding in the amounts of $99,287 from the California Department of Education; $60,719 for Adult Literacy Services, $20,615 for Family Literacy Services
and $43,642 for English as a Second Language from
the California State Library for Literacy Program services
2. Authorizing the Agency Director of Administrative Services to amend the FY 2023/24 budget for the Literacy Program, which includes: appropriating $43,642 in both revenues and expenditures for the English as a Second Language Program and adjusting the grant fund budgets for the California Department
of Education, Adult Literacy Services, and Family Literacy Services grants to account for any differences in the estimated grant funding versus
the actual grant funds received.
14. Library Revenue and Expense Budget (All Wards) p. 220 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 fundi
ng 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.
15. Older Californians Nutrition Program Grant Award FY 2023/24 and Related Purchase Orders p. 266
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 Mayor and City Council of the City of San Bernardino Page 6 purchase orders for continued operation of the Senior Nutrition Program for the period of July 1, 2023, through June 30, 2024 as follows:
Sysco Foods: $183,500
Hollandia Dairy: $23,500
Consulting Health Nutrition Services, Inc.: $17,000
4. Agency Director of Administrative Services, or design ee, 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.
16. 2023/2024 Senior Companion Program (SCP) – 3rd Year of a 3-Year Grant Award (All Wards) p. 324
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt
Resolution No. 2023-151,
1. Accepti
ng 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.
17. Accept 2022 Urban Areas Security Initiative (UASI) Grant (All Wards) p. 357 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.
18. Accept California Office of Traffic Safety Grant Award (24-004883) (All Wards) p. 384
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.
19. Acceptance of FY 2023 Edward Byrne Justice Assistance Grant p. 407 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino Mayor and City Council of the City of San Bernardino Page 7 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 FY 2023/24 Adopted Budget by $230,081 in both revenue and expenditures.
20. Five-Year Capital Improvement Plan FY 2023/24 to FY 2027/28 for Measure I Local Expenditures (All Wards) p. 434
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.
21. Contract
Change Order Approval – 5th Street Senior Center Kitchen Improvements (Ward 1) p. 444
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.
22. Adoption of Ordinance No. MC-1621 to Grant a Franchise to Southern California Gas Company p.455
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.
Mayor and City Council of the City of San Bernardino Page 8
23. Discussion of Crushing and Grinding Operations in the City, the Repeal of Resolution 2020-265, and a Development Code Amendment Updating Temporary Use Permits p. 490
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Discuss the repeal of Resolution No. 2020 - 265;
2. Discuss Development Code Amendment to Section 19.70.035 (B) (Development and Operational Standards for Temporary Use Permits – On- site and Off-site Contractor’s Construction Yards); and
3. Provide additional direction to staff regarding the topics discussed.
PUBLIC HEARING
24. Approval of the Draft Fiscal Year 2022-2023 Consolidated Annual Performance and Evaluation Report (CAPER) to the US Department of Housing and Urban Development (All Wards) p. 626
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Conduc
t a public hearing on the draft Fiscal Year 2022-2023 Consolidated Annual Performance and Evaluation Report (FY22-23 CAPER); and
2. Aut
horize its submission to the United States Department of Housing and Urban Development.
MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS
ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on October 18, 2023 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.
DISCUSSION
Mayor and City Council of the City of San Bernardino Page 9
CERTIFICATION OF POSTING AGENDA
I, Telicia Lopez, CMC, Chief Deputy City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the October 4, 2023 Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on F
riday, September 29, 2023.
I dec
lare under the penalty of perjury that the foregoing is true and correct.
Telicia Lopez
Telicia Lopez, CMC, Chief Deputy Clerk
________________________________________________________________________________ NOTICE:
Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter on the agenda, which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body during the period reserved for public comments.
In accordance with Resolution No. 2018-89 adopted by the Mayor and City Council on March 21, 2018, the following are the rules set forth for Public Comments and Testimony:
Public Comments and Testimony:
Rule 1. Public comment shall be received on a first come, first served basis. If the presiding officer determines that the meeting or hearing may be lengthy or complicated, the presiding officer may, in his or her discretion, modify these rules, including the time limits stated below.
Rule 2. All members of the public who wish to speak shall fill out a speaker' s reservation card and turn in the speaker reservation card to the City Clerk prior to the time designated on the agenda. Comments will be received in the order the cards are turned in to the City Clerk. Failure of a person to promptly respond when their time to speak is called shall result in the person forfeiting their right to address the Mayor and City Council.
Rule 3. The presiding officer may request that a member of the public providing comment audibly state into the microphone, if one is present, his or her name and address before beginning
comment. If that person is representing a group or organization the presiding officer may request
that the speaker identify that group or organization, including that group or organization' s Mayor and City Council of the City of San Bernardino Page 10 Address.
Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to provide their name or address as a condition of speaking.
Rule 5. Time Limits:
5. 01 Each member of the public shall have a reasonable time, not to exceed three ( 3) minutes per meeting, to address items on the agenda and items not on the agenda but within the subject matter jurisdiction of the Mayor and City Council.
5. 02 Notwithstanding the time limits set forth in subsection 5. 01 above, any member of the public desiring to provide public testimony at a public hearing shall have a reasonable time, not to exceed ( 3) minutes, to provide testimony during each public hearing.
Any member of the pub lic desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three-minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public.
Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made.
The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code.
Mayor and City Council of the City of San Bernardino Page 11 Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed.
ALTERNATE MEETING VIEWING METHOD:
If
there are issues with the main live stream for the Mayor and City Council you may view the alternate stream on TV3:
https://reflect-sanbernardino.cablecast.tv/CablecastPublicSite/watch/1?channel=6 PUBL
IC COMMENT OPTIONS
Pl
ease use ONE of the following options to provide a public comment:
1) Written comments can be emailed to [email protected]. Written public comments received up to 4:00 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. They will not be read aloud unless you require an ADA accommodation.
Please note: messages su bmitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 909-384-5002 or [email protected] for assistance outside of this timeframe. 2) At
tend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cut-off time for public comment, and the time may vary per meeting. If you wish to ubmit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: https://tinyurl.com/mccpubliccomments 3) REMOTE PARTICIPATION VIA ZOOM (For public comment only, meeting will not be viewable on Zoom)
Submit a request to speak by 4:00 p.m. to https://tinyurl.com/mccpubliccomments or email [email protected]. Please indicate whether you are speaking on an item on the agenda (identify the item number) or providing a general comment.
Please use identifying information when submitting your request to speak such as a name or last four digits of your phone number so that staff can call on you.
The public may begin joining the meeting on Zoom or by calling-in to be added to the speaker queue at 5:15 PM for Closed Session.
For the Regular Meeting please log on no later than 15 minutes after the meeting start time.
Mayor and City Council of the City of San Bernardino Page 12 a) You can use a mobile phone or a landline to dial into a Zoom meeting. i) Di al (669) 900-6833. When prompted, enter the Meeting ID: 677-845-9453 Passcode:2023
ii) D
ial *9 from your phone to raise your hand via Zoom
If calling in staff will confirm the last four digits of the caller's phone number and unmute them, the caller must then press *6 to speak from their device. If you are calling in, please turn your volume down on your television or other devices to limit any feedback when you speak.
b) Join the Meeting by clicking on the Zoom link below:
https://sbcity-org
.zoom.us/j/6778459453?pwd=WHduYlU3clJxRklxTFJ2M2xtUlZhZz09 Meeting ID: 677-845-9453
Passcode:2023
You can also Go to Zoom.us and click "Join a Meeting" at the top.
Enter the Meeting ID: 677-845-9453
Passcode:2023
Public Hearings:
If
you are commenting on a Public Hearing, whether you are speaking remotely or in person, you have an opportunity to speak until the Public Hearing has been closed.
CLOSED SESSION
Ci
ty of San Bernardino
Request for Council Action
Date: October 4, 2023
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney
Department: City Attorney
Subject: CLOSED SESSION
Recommendation:
A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i. Alliance for Constitutional Sex Offense Law, Inc; and John Doe v. City of San Bernardino, San Bernardino Superior Court Case No.
CIVSB2308625B)
B) PU
BLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957)
City Manager
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PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: October 4, 2023
To: Honorable Mayor and City Council Members
From: Sandra Ibarra, Council Member, 2nd Ward
Department: Council Office
Subject: October 2023 Citizen of the Month – Manal Iskander, Greenshack – 2nd Ward
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15 City of San Bernardino
FROM THE
MAYOR AND CITY COUNCIL HONORING
MANALMANAL ISKANDERISKANDER
GREENGREEN SHACKSHACK
OCTOBEROCTOBER 20232023
CITIZENCITIZEN OFOF THETHE MONTHMONTH AWARDAWARD
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IInvestor
TTime/Talent
IInvolved
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NNeighborly
In recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by numerous deeds for the benefit of the citizens of San Bernardino Presented this 4th day of October 2023
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16 PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: October 4, 2023
To: Honorable Mayor and City Council Members
From: Sandra Ibarra, Council Member, 2nd Ward
Department: Council Office
Subject: October 2023 Citizen of the Month – George’s
Burgers – 2nd Ward
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17 City of San Bernardino
FROM THE
MAYOR AND CITY COUNCIL HONORING
GEORGE’SGEORGE’S BURGERSBURGERS
715715 WW HIGHLANDHIGHLAND AVEAVE
OCTOBEROCTOBER 20232023
CITIZENCITIZEN OFOF THETHE MONTHMONTH AWARDAWARD
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IInvestor
TTime/Talent
IInvolved
ZZealous
EEnthusiastic
NNeighborly
In recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by numerous deeds for the benefit of the citizens of San Bernardino Presented this 4th day of October 2023
Packet Pg.
18 PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: October 4, 2023
To: Honorable Mayor and City Council Members
From: Sandra Ibarra, Council Member, 2nd Ward
Department: Council Office
Subject: October 2023 Citizen of the Month – Meiga
Sushi – 2nd Ward
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19 City of San Bernardino
FROM THE
MAYOR AND CITY COUNCIL HONORING
MEIGAMEIGA SUSHISUSHI
13791379 EE HIGHLANDHIGHLAND AVEAVE
OCTOBEROCTOBER 20232023
CITIZENCITIZEN OFOF THETHE MONTHMONTH AWARDAWARD
CConcerned
IInvestor
TTime/Talent
IInvolved
ZZealous
EEnthusiastic
NNeighborly
In recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by numerous deeds for the benefit of the citizens of San Bernardino Presented this 4th day of October 2023
Packet Pg.
20 PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: October 4, 2023
To: Honorable Mayor and City Council Members
From: Sandra Ibarra, Council Member, 2nd Ward
Department: Council Office
Subject: October 2023 Citizen of the Month – Omar Aguirre, Tacos Arandas – 2nd Ward
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21 City of San Bernardino
FROM THE
MAYOR AND CITY COUNCIL HONORING
TACOSTACOS ARANDASARANDAS
OMAROMAR AGUIRREAGUIRRE
OCTOBEROCTOBER 20232023
CITIZENCITIZEN OFOF THETHE MONTHMONTH AWARDAWARD
CConcerned
IInvestor
TTime/Talent
IInvolved
ZZealous
EEnthusiastic
NNeighborly
In recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by numerous deeds for the benefit of the citizens of San Bernardino Presented this 4th day of October 2023
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22 PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: October 4, 2023
To: Honorable Mayor and City Council Members
From: Sandra Ibarra, Council Member, 2nd Ward
Department: Council Office
Subject: October 2023 Citizen of the Month – Miyagi
Sushi – 2nd Ward
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23 City of San Bernardino
FROM THE
MAYOR AND CITY COUNCIL HONORING
MIYAGIMIYAGI SUSHISUSHI
228228 EE BASELINEBASELINE STST
OCTOBEROCTOBER 20232023
CITIZENCITIZEN OFOF THETHE MONTHMONTH AWARDAWARD
CConcerned
IInvestor
TTime/Talent
IInvolved
ZZealous
EEnthusiastic
NNeighborly
In recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by numerous deeds for the benefit of the citizens of San Bernardino Presented this 4th day of October 2023
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24 PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: October 4, 2023
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Presentation of the City of San Bernardino Summer 2023 Youth Basketball All Star Participants
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25 ISIAS CONTRERAS
OF RECOGNITION FROM THE MAYOR & CITY COUNCIL
Presented to:
CERTIFICATE
Thank you for your participation! We greatly appreciate you representingour city with pride and skill. You're a true All Star! DIVISION 1 ALL-STAR PARTICIPANT
CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023
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26 HALAEVALU VAIMILI
OF RECOGNITION FROM THE MAYOR & CITY COUNCIL
Presented to:
CERTIFICATE
Thank you for your participation! We greatly appreciate you representingour city with pride and skill. You're a true All Star! DIVISION 1 ALL-STAR PARTICIPANT
CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023
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27 JOSIAH MORENO
OF RECOGNITION FROM THE MAYOR & CITY COUNCIL
Presented to:
CERTIFICATE
Thank you for your participation! We greatly appreciate you representingour city with pride and skill. You're a true All Star! DIVISION 1 ALL-STAR PARTICIPANT
CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023
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28 LANGSTON RANDALL
OF RECOGNITION FROM THE MAYOR & CITY COUNCIL
Presented to:
CERTIFICATE
Thank you for your participation! We greatly appreciate you representingour city with pride and skill. You're a true All Star! DIVISION 1 ALL-STAR PARTICIPANT
CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023
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29 VICTORIA ROMIG
OF RECOGNITION FROM THE MAYOR & CITY COUNCIL
Presented to:
CERTIFICATE
Thank you for your participation! We greatly appreciate you representingour city with pride and skill. You're a true All Star! DIVISION 1 ALL-STAR PARTICIPANT
CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023
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30 SINAVAIANA TALATAINA
OF RECOGNITION FROM THE MAYOR & CITY COUNCIL
Presented to:
CERTIFICATE
Thank you for your participation! We greatly appreciate you representingour city with pride and skill. You're a true All Star! DIVISION 1 ALL-STAR PARTICIPANT
CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023
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31 ISHMAEL DAVIS
OF RECOGNITION FROM THE MAYOR & CITY COUNCIL
Presented to:
CERTIFICATE
Thank you for your participation! We greatly appreciate you representingour city with pride and skill. You're a true All Star! DIVISION 1 ALL-STAR PARTICIPANT
CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023
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32 ASHTON AUBRY
OF RECOGNITION FROM THE MAYOR & CITY COUNCIL
Presented to:
CERTIFICATE
Thank you for your participation! We greatly appreciate you representingour city with pride and skill. You're a true All Star! DIVISION 1 ALL-STAR PARTICIPANT
CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023
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33 JOSEPH MUNOZ
OF RECOGNITION FROM THE MAYOR & CITY COUNCIL
Presented to:
CERTIFICATE
Thank you for your guidance, patience, and dedication to helping our youngathletes grow as players and individuals. Your mentorship has been invaluable.
DIVISION 1 ALL-STAR COACH
CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023
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34 LANCE SAMUEL
OF RECOGNITION FROM THE MAYOR & CITY COUNCIL
Presented to:
CERTIFICATE
Thank you for your guidance, patience, and dedication to helping our youngathletes grow as players and individuals. Your mentorship has been invaluable.
DIVISION 2 ALL-STAR COACH
CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023
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35 CARTER HENDERSON
OF RECOGNITION FROM THE MAYOR & CITY COUNCIL
Presented to:
CERTIFICATE
Thank you for your guidance, patience, and dedication to helping our youngathletes grow as players and individuals. Your mentorship has been invaluable.
DIVISION 2 ALL-STAR COACH
CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023
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36 ZEPPELIN RUBIO
OF RECOGNITION FROM THE MAYOR & CITY COUNCIL
Presented to:
CERTIFICATE
Thank you for your participation! We greatly appreciate you representingour city with pride and skill. You're a true All Star! DIVISION 2 ALL-STAR PARTICIPANT
CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023
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37 DILLION JOHNSON
OF RECOGNITION FROM THE MAYOR & CITY COUNCIL
Presented to:
CERTIFICATE
Thank you for your participation! We greatly appreciate you representingour city with pride and skill. You're a true All Star! DIVISION 2 ALL-STAR PARTICIPANT
CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023
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38 AIDEN ALVAREZ
OF RECOGNITION FROM THE MAYOR & CITY COUNCIL
Presented to:
CERTIFICATE
Thank you for your participation! We greatly appreciate you representingour city with pride and skill. You're a true All Star! DIVISION 2 ALL-STAR PARTICIPANT
CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023
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39 MALACHI SAMUEL
OF RECOGNITION FROM THE MAYOR & CITY COUNCIL
Presented to:
CERTIFICATE
Thank you for your participation! We greatly appreciate you representingour city with pride and skill. You're a true All Star! DIVISION 2 ALL-STAR PARTICIPANT
CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023
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40 THIERON WILLIAMS
OF RECOGNITION FROM THE MAYOR & CITY COUNCIL
Presented to:
CERTIFICATE
Thank you for your participation! We greatly appreciate you representingour city with pride and skill. You're a true All Star! DIVISION 2 ALL-STAR PARTICIPANT
CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023
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41 CHRISTIAN ROMIG
OF RECOGNITION FROM THE MAYOR & CITY COUNCIL
Presented to:
CERTIFICATE
Thank you for your participation! We greatly appreciate you representingour city with pride and skill. You're a true All Star! DIVISION 2 ALL-STAR PARTICIPANT
CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023
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42 BRAYLON YOUNGBLOOD
OF RECOGNITION FROM THE MAYOR & CITY COUNCIL
Presented to:
CERTIFICATE
Thank you for your participation! We greatly appreciate you representingour city with pride and skill. You're a true All Star! DIVISION 2 ALL-STAR PARTICIPANT
CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023
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43 COACH DELESA
OF RECOGNITION FROM THE MAYOR & CITY COUNCIL
Presented to:
CERTIFICATE
Thank you for your guidance, patience, and dedication to helping our youngathletes grow as players and individuals. Your mentorship has been invaluable.
DIVISION 3 ALL-STAR COACH
CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023
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44 MALACHI BERMUDEZ
OF RECOGNITION FROM THE MAYOR & CITY COUNCIL
Presented to:
CERTIFICATE
Thank you for your participation! We greatly appreciate you representingour city with pride and skill. You're a true All Star! DIVISION 3 ALL-STAR PARTICIPANT
CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023
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45 LIAM DIAZ
OF RECOGNITION FROM THE MAYOR & CITY COUNCIL
Presented to:
CERTIFICATE
Thank you for your participation! We greatly appreciate you representingour city with pride and skill. You're a true All Star! DIVISION 3 ALL-STAR PARTICIPANT
CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023
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46 ISAIAH HERNANDEZ
OF RECOGNITION FROM THE MAYOR & CITY COUNCIL
Presented to:
CERTIFICATE
Thank you for your participation! We greatly appreciate you representingour city with pride and skill. You're a true All Star! DIVISION 3 ALL-STAR PARTICIPANT
CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023
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47 CARLOS III TERELL
OF RECOGNITION FROM THE MAYOR & CITY COUNCIL
Presented to:
CERTIFICATE
Thank you for your participation! We greatly appreciate you representingour city with pride and skill. You're a true All Star! DIVISION 3 ALL-STAR PARTICIPANT
CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023
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48 ELIJAH MORENO
OF RECOGNITION FROM THE MAYOR & CITY COUNCIL
Presented to:
CERTIFICATE
Thank you for your participation! We greatly appreciate you representingour city with pride and skill. You're a true All Star! DIVISION 3 ALL-STAR PARTICIPANT
CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023
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49 JUSTIN LANCE
OF RECOGNITION FROM THE MAYOR & CITY COUNCIL
Presented to:
CERTIFICATE
Thank you for your participation! We greatly appreciate you representingour city with pride and skill. You're a true All Star! DIVISION 3 ALL-STAR PARTICIPANT
CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023
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50 FAITH HENDERSON
OF RECOGNITION FROM THE MAYOR & CITY COUNCIL
Presented to:
CERTIFICATE
Thank you for your participation! We greatly appreciate you representingour city with pride and skill. You're a true All Star! DIVISION 3 ALL-STAR PARTICIPANT
CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023
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51 RAKEEM HARRIS
OF RECOGNITION FROM THE MAYOR & CITY COUNCIL
Presented to:
CERTIFICATE
Thank you for your participation! We greatly appreciate you representingour city with pride and skill. You're a true All Star! DIVISION 3 ALL-STAR PARTICIPANT
CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023
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52 JOSHUA DIAZ
OF RECOGNITION FROM THE MAYOR & CITY COUNCIL
Presented to:
CERTIFICATE
Thank you for your participation! We greatly appreciate you representingour city with pride and skill. You're a true All Star! DIVISION 3 ALL-STAR PARTICIPANT
CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023
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53 YARELI ARIAS
OF RECOGNITION FROM THE MAYOR & CITY COUNCIL
Presented to:
CERTIFICATE
Thank you for your participation! We greatly appreciate you representingour city with pride and skill. You're a true All Star! DIVISION 3 ALL-STAR PARTICIPANT
CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023
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54 PRESENTATIONS
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: Recognition of Cal State San Bernardino University Baseball and Coach Mike Nadeau on his
accomplishment in leading the team to its first
National Collegiate Athletic Association run and being
named Coach of the Year.
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55 Michael Nadeau
OF RECOGNITION FROM THE MAYOR & CITY COUNCIL
Presented to:
CERTIFICATE
Thank you for your outstanding leadership, dedication, and remarkableachievements with the CSUSB baseball team. We are incredibly proud of youraccomplishments and grateful for the positive representation you bring to CSUSB& the City of San Bernardino.
CAL STATE SAN BERNARDINO UNIVERSITY BASEBALL HEAD COACH 2023 ABCA/ATEC DIVISION II WEST REGION COACH OF THE YEAR PRESENTED ON OCTOBER 4, 2023
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56 Jeffery James
OF RECOGNITION FROM THE MAYOR & CITY COUNCIL
Presented to:
CERTIFICATE
Thank you for your dedication and hard work as the CSUSB assistant baseballcoach. Your contributions to the team have not gone unnoticed, and we deeplyappreciate all that you do for the students & the City of San Bernardino. 2023-2024 CAL STATE SAN BERNARDINO UNIVERSITY BASEBALL
ASSISTANT COACH
PRESENTED ON OCTOBER 4, 2023
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57 Rene Leal
OF RECOGNITION FROM THE MAYOR & CITY COUNCIL
Presented to:
CERTIFICATE
Thank you for your dedication and hard work as the CSUSB assistant baseballcoach. Your contributions to the team have not gone unnoticed, and we deeplyappreciate all that you do for the students & the City of San Bernardino. 2023-2024 CAL STATE SAN BERNARDINO UNIVERSITY BASEBALL
ASSISTANT COACH
PRESENTED ON OCTOBER 4, 2023
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58 Tanner Knapp
OF RECOGNITION FROM THE MAYOR & CITY COUNCIL
Presented to:
CERTIFICATE
Thank you for your dedication and hard work as the CSUSB assistant baseballcoach. Your contributions to the team have not gone unnoticed, and we deeplyappreciate all that you do for the students & the City of San Bernardino. 2023-2024 CAL STATE SAN BERNARDINO UNIVERSITY BASEBALL
ASSISTANT COACH
PRESENTED ON OCTOBER 4, 2023
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5 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
Department: City Manager's Office
Subject: Adoption of the Strategic Initiatives (All Wards) Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Adopt Resolution No. 2023-144:
a. Approving and authorizing the Agency Director of Administrative Services to amend the City of San Bernardino’s FY 2023/24 Operating Budget totaling $6,636,293 with $1,610,693 in General Fund appropriations, $3,325,600 in General Fund Strategic Reserve appropriations, and $1,700,000 in General Fund Capital Contingency Reserve appropriations; and
b. Approving the allocation of $2,000,000 beginning FY 2026/27 to sustain homelessness-related services; and
c. Approving the creation of the Economic Development Department; and d. Directing staff to prepare and bring back a revised City salary schedule to include any new positions that are budgeted and the retitling of the Agency Directors.
2. Approve prioritizing the ADA Master Plan (future phases), Storm Drain Master Plan, and Facility/Building Management Master Plan as part of the biennial budget process; and
3. Direct staff to bring back Strategic Initiatives that require further Council review and approval.
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5 Executive Summary
During the September 12, 2023, Mayor and City Council Special Meeting, the City Council made several changes to the Strategic Initiatives. To accurately reflect those changes, Resolution No. 2023-144 has been revised and is being brought back as a separate item for the Mayor and City Council’s adoption. Formal adoption of Resolution 2023-144 will amend the FY 2023/24 Operating Budget totaling $6,636,293 and will allow the City to begin the recruitment process for the additional positions.
Additional actions associated with the Strategic Initiatives, such as revising the City’s salary schedule to reflect the newly created positions and the retitling of Agency Directors, will be brought back at a future meeting for Council’s approval.
Background
On June 21, 2023, the Mayor and City Council approved the FY 2023/24 Operating Budget and Capital Improvement Plan. The FY 2023/24 Operating Budget included a surplus of over $7 million and an anticipated increase of $5.4 million to Fund Balance for year-end FY 2022/23. Additionally, the Operating Budget incorporated a Strategic Reserve of $3,539,363 and a Capital Contingency Reserve of $3,600,000, which are set-asides from ongoing General Fund revenue that are to be used for various initiatives and capital improvement projects. This addition to the Capital Contingency Reserve brought the total of the Capital Contingency Reserve for FY 2023/24 to $9,000,000. Council also gave direction to allocate $3,000,000 of the Capital Contingency Reserve to street segment repairs ($2,000,000) and sidewalks ($1,000,000), thus leaving a remaining balance of $6,000,000 within the Capital Contingency Reserve.
On June 30, 2023, a Special Workshop (“Workshop”) was held to address the Mayor and City Council’s goals and priorities. The Workshop was informational only and allowed staff to present a series of Strategic Initiatives and other programs/proposals for the Mayor and Council’s future consideration.
On September 12, 2023, the Mayor and City Council approved the Strategic Initiatives with the following exceptions and/or modifications:
•The source of funding for the turf-friendly mini loader, the comprehensive bio- hazard cleanup agreement, and the weed abatement/brush clearing agreement was changed to the General Fund. Staff previously recommended that these initiatives be funded by the Cultural Development Fund. •The funding for the Quality of Life Police Department team and the Park Ranger program was approved to begin in FY 2023/24, and the $2,000,000 for Homelessness Services Sustainability was approved for FY 2026/27. Staff previously recommended that these initiatives be prioritized as part of the budget process in future years but with no funding budgeted for FY 2023/24. •The funding for a second Assistant City Manager was not approved.
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5 Additionally, there was a motion to approve an allocation of $39,000 for the Property Based Improvement District (PBID) formation; however, since the original staff recommendation regarding the PBID was only for Council to provide direction, no funding could be approved during the Special Meeting. Staff informed the Council that this would be brought back for Council approval at the October 4, 2023, Regular Meeting.
Discussion
Due to the changes made to the Strategic Initiatives during the September 12, 2023, Special Meeting, Resolution No. 2023-144 has been revised to reflect the updated costs of the initiatives. The total estimated costs for FY 2023/24 have increased by $931,105 to a total of $6,636,293; however, a majority of these increases are for positions that are unlikely to be filled by the end of the fiscal year, which will result in savings. The costing of the Strategic Initiatives has been updated as follows:
•Changing the source of funding for the turf-friendly mini loader, the comprehensive biohazard cleanup agreement, and the weed abatement/brush clearing agreement will impact the General Fund by $570,000 for FY 2023/24 instead of the Cultural Development Fund. This does not increase the overall cost of the Strategic Initiatives.
•Funding the Quality of Life (QOL) Police Department (PD) team and Park Ranger program for FY 2023/24 will increase the cost of the Strategic Initiatives by an estimated $1,040,693 for FY 2023/24, where $787,743 would be budgeted for the QOL PD team and $252,950 for the Park Ranger program.
The estimated costs are based on the same methodology for the other staffing recommendations presented during the Special Meeting, which assumes new staff would be onboard effective January 1, 2024. It is important to note that due to the hiring process for police officers, the positions for the QOL PD team are unlikely to be filled before the end of the fiscal year, which will result in savings of the same budgeted amount.
•Not funding the second Assistant City Manager position reduces the cost of the Strategic Initiatives by $148,588 for FY 2023/24.
•Funding the PBID formation increases the cost of the Strategic Initiatives by $39,000 for FY 2023/24. This is a one-time cost.
The table on the following page reflects the updated list of Strategic Initiatives that Council approved on September 12, 2023, and their associated funding sources.
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5 SR=Strategic Reserve; CC=Capital Contingency; GF=General Fund
1. Quality of Life
FY 2023/24 Recommendations FY 2023/24 Source Future
(Based on FY24)
a. Turf-friendly mini loader $170,000 GF One Time
b. Maintenance Services Agreement:
Comprehensive bio-hazard cleanup $250,000 GF $250,000
c. Maintenance Services Agreement
Weed abatement and brush clearing $150,000 GF $150,000
d. Hazard Pay $93,600 SR $124,800
e. Private Security City-Wide $1,256,000 SR $1,256,000
f. Park Ranger Program $252,950 GF $505,900
g. Quality of Life PD Team $787,743 GF $1,575,486
h. Annual allocation of $2,000,000 beginning in Fiscal Year 2026/27 to help sustain homeless-related activities - GF $2,000,000
2. One Stop Shop
FY 2023/24 Recommendations FY 2023/24 Source Future
(Based on FY24)
a. One Stop Shop Construction $400,000 CC One Time
b. One (1) Community & Developer Ombudsman $69,061 SR $138,122 c. One (1) Senior Customer Service Representative $47,994 SR $95,987
3. Infrastructure Master Plans
FY 2023/24 Recommendations FY 2023/24 Source Future
(Based on FY24)
a. City Hall preliminary engineering and space study $300,000 CC One Time b. Bridge Management Plan $500,000 CC One Time
c. ADA Master Plan – Phase I $500,000 CC One Time
Prioritize as part of the budget process for future years d. ADA Master Plan – Future Phases* - GF $1,500,000
e. Storm Drain Master Plan* - GF $1,00,000
f. Facility/Building Management Plan* - GF $1,000,000
* Funding is to be incorporated into future budgets as appropriate.
4. Legislative Advocacy
FY 2023/24 Recommendations FY 2023/24 Source Future
(Based on FY24)
a. Legislative and Government Affairs Manager $86,937 SR $173,873 b. Federal Advocacy Contract $125,000 SR $125,000
c. State Advocacy Contract $125,000 SR $125,000
5. Economic Development
FY 2023/24 Recommendations FY 2023/24 Source Future
(Based on FY24)
a. Property Based Improvement District Formation $39,000 SR One Time
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5 6. Strategic Staffing Initiatives
Recommendations FY 2023/24 Source Future
(Based on FY24)
Animal Services
a. One (1) Deputy Director of Animal Services $102,001 SR $204,001 b. One (1) Registered Veterinary Technician $40,630 SR $81,259 c. One (1) Veterinary Assistant $33,277 SR $66,554
Economic Development Department
d. One (1) Economic Development Director $140,188 SR $280,376 e. Three (3) Economic Development Managers $279,327 SR $558,654 f. One (1) Administrative Assistant – Economic Development $40,275 SR $80,549 Housing & Homelessness Division
g. One (1) Housing Division Manager $93,511 SR $187,022 h. One (1) Principal Accountant $73,534 SR $147,067
i. One (1) Management Analyst II $59,974 SR $119,948
Parks, Recreation, and Community Services
j. One (1) Deputy Director of Parks, Recreation, and
Community Services $102,001 SR $204,001
Planning Division
k. Reclassify -
Deputy Director to City Planner/Planning Manager ($51,758) SR ($103,516) l. One (1) Senior Planner $73,221 SR $146,441
m. One (1) Associate Planner $63,412 SR $126,823
n. One (1) Planning Aide $49,913 SR $99,826
o. One (1) Administrative Assistant $40,275 SR $80,549
Public Works
p. Three (3) Engineering Project Managers for the Public Works Department $257,420 SR $514,839
q. One (1) Land Development Engineer $85,807 SR $171,613 2021-2025 Strategic Targets and Goals
The approval of the Strategic Initiatives aligns with Key Target No. 1: Improved Operational & Financial Capacity by establishing clear policy direction and predictable organization structures; Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent, as well as investing in tools that continually improve organizational efficiency and effectiveness; Key Target No. 3: Improved Quality of Life by improving the City’s appearance, cleanliness, and attractiveness, as well as enhancing customer-service into all City operations; and Key Target No 4: Economic Growth & Development by establishing a strategy to create a 21st century urban core.
Fiscal Impact
The impact to the General Fund totals $6,636,293 with $1,610,693 in General Fund appropriations, $3,325,600 in General Fund Strategic Reserve appropriations, and $1,700,000 in General Fund Capital Contingency Reserve appropriations
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5 Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Adopt Resolution No. 2023-144:
a. Approving and authorizing the Agency Director of Administrative Services to amend the City of San Bernardino’s FY 2023/24 Operating Budget totaling $6,636,293 with $1,610,693 in General Fund appropriations, $3,325,600 in General Fund Strategic Reserve appropriations, and $1,700,000 in General Fund Capital Contingency Reserve appropriations; and
b. Approving the allocation of $2,000,000 beginning FY 2026/27 to sustain homelessness-related services; and
c. Approving the creation of the Economic Development Department; and d. Directing staff to prepare and bring back a revised City salary schedule to include any new positions that are budgeted and the retitling of the Agency Directors.
2. Approve prioritizing the ADA Master Plan (future phases), Storm Drain Master Plan, and Facility/Building Management Master Plan as part of the biennial budget process; and
3. Direct staff to bring back Strategic Initiatives that require further Council review and approval.
Attachments
Attachment 1 – Resolution No. 2023-144
Ward:
All Wards
Synopsis of Previous Council Actions:
September 12, 2023 Mayor and City Council held a Special Meeting where they approved a series of Strategic Initiatives.
June 30, 2023 Mayor and City Council held a Special Workshop where they were presented with a series of Strategic Initiatives that addressed their goals and priorities
June 21, 2023 Mayor and City Council approved the FY 2023/24 Operating Budget and Capital Improvement Plan.
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65 Resolution No. 2023-144
Resolution No. 2023-144
October 4, 2023
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RESOLUTION NO. 2023-144
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA: 1.
APPROVING AND AUTHORIZING THE AGENCY
DIRECTOR OF ADMINISTRATIVE SERVICES TO AMEND
THE CITY OF SAN BERNARDINO’S FY 2023/24
OPERATING BUDGET TOTALING $6,636,293 WITH
$1,610,693 IN GENERAL FUND APPROPRIATIONS,
$3,325,600 IN GENERAL FUND STRATEGIC RESERVE
APPROPRIATIONS, AND $1,700,000 IN GENERAL FUND
CAPITAL CONTINGENCY RESERVE APPROPRIATIONS;
2. APPROVING THE ALLOCATION OF $2,000,000
BEGINNING FY 2026/27 TO SUSTAIN HOMELESSNESS
RELATED SERVICES; 3. APPROVING THE CREATION OF
THE ECONOMIC DEVELOPMENT DEPARTMENT; AND 4.
DIRECTING STAFF TO PREPARE AND BRING BACK A
REVISED CITY SALARY SCHEDULE TO INCLUDE ANY
NEW POSITIONS THAT ARE BUDGETED AND THE
RETITLING OF THE AGENCY DIRECTORS
WHEREAS, a Mayor and City Council Retreat Workshop was held from May 11, 2023 through May 13, 2023, to set goals, definitions, and priorities for the City of San Bernardino; WHEREAS, a special meeting was held on June 30, 2023, to address the Mayor and City Council’s priorities that were agreed upon in the Mayor and City Council Retreat Workshop to present the City’s Strategic Initiatives;
WHEREAS, staff was directed to return to the Mayor and City Council, following the June 30 th, 2023 special meeting, with a list of vacancies and associated budget to assess the possibility of repurposing the allocated budget from vacant positions to the proposed strategic initiatives; and
WHEREAS, staff has conducted an analysis of the City of San Bernardino’s recruitment and retention rates, organizational and staffing structure, growth over time, and overall competitive workforce philosophy in comparison to surrounding agencies of comparable scope.
WHEREAS Section 501 of the City Charter allows the City manager to establish City departments, offices, or agencies in addition to those created by the Charter, subject to approval of the City Council.
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. 2023-144
October 4, 2023
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SECTION 2. That the Mayor and City Council approve the amendment of $6,636,293 to the FY 2023/24 Operating Budget, of which: $1,610,693 totals the appropriations from the General Fund Balance, $3,325,600 totals the appropriations from the General Fund Strategic Initiative Reserve Fund Balance, and $1,700,000 totals the appropriations from the General Fund Capital Contingency Reserve Fund Balance.
SECTION 3. That the Mayor and City Council approve the allocation of $2,000,000 beginning FY 2026/27 to sustain homelessness related services.
SECTION 4. That the Mayor and City Council approve the creation of the Economic Development Department.
SECTION 5. The Agency Director of Administrative Services, or designee, is hereby authorized to amend the FY 2023/24 Operating Budget in the total amount of $6,636,293.
SECTION 6.Staff is directed to prepare and bring back a revised City salary schedule to include any new positions that are budgeted and the retitling of the Agency Directors.
SECTION 7.Staff is directed to prioritize available funding for the proposed workshop strategic initiatives for future years as part of the FY 2024/25 & FY 2025/26 Biennial Budget development process.
SECTION 8.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.
SECTION 9.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 10. 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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67 Resolution No. 2023-144
Resolution No. 2023-144
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. 2023-144
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. 2023-144, 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 MC-1619
City of San Bernardino
Request for Council Action
Date: October 4, 2023
To: Honorable Mayor and City Council Members
From: Charles McNeely, Interim City Manager
Mary Lanier, Director of Community, Housing, and Economic Development
Department: Community, Housing, and Economic Development (CED) Subject: Ordinance No. MC-1619 Amending Chapter 15.27 of the San Bernardino Municipal Code, Regarding Rental
Housing Program Maintenance Standards.
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino: adopt Ordinance No. MC-1619 Amending Chapter 15.27 of the San Bernardino Municipal Code, Regarding Rental Housing Program Maintenance Standards.
Executive Summary
Ordinance No MC 16-1619 will amend Chapter 15.27 of the City’s Municipal Code, renaming it to Rental Housing Program Maintenance Standards and retaining the exterior inspections and eight-hour training program.
Background
On September 6, 2023, the Mayor and City Council introduced, read by title only, and waived further reading of, Ordinance No. MC-1619 – An Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 15.27 of Title 15 of the San Bernardino Municipal Code regarding rental housing program maintenance standards. The ordinance replaces the existing title Crime-Free Rental Housing Program with Rental Housing Program Maintenance Standards. It also amends the chapter to retain the exterior inspections of multi-family rental housing and the eight-hour training class.
Discussion
The City presently has a Crime-Free Rental Housing Program (Chapter 15.27 of Title 15 of the San Bernardino Municipal Code) that applies to multi-family rental properties with four or more rental units on the same parcel. Per the terms of a stipulated judgment
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with Promise Gracia et al., the City agreed to revise the ordinance. The amended ordinance revises the name of the program to Rental Housing Program Maintenance Standards and retains the exterior inspections of multi-family rental housing and the eight-hour training class components. Staff is implementing changes to the program operations immediately.
As part of the stipulated judgment with Promise Gracia et al., the provision for charging for inspections has been removed. This will result in a reduction in revenue, as no charges for the inspections or fees can be collected. In the interim, staff recommends continuing with the program utilizing salary savings while the program is fully evaluated, and potential funding sources are explored. The program has proven valuable for maintaining properties and neighborhoods and the eight-hour training class has been well received by property owners and managers in the management of multi-family communities. Once the evaluation is complete, staff will return to the Mayor and City Council with recommendations.
2021-2025 Strategic Targets and Goals
The proposed action of amending the Crime-Free Rental Housing Program aligns with Strategic Target No. 2 – Focused, Aligned Leadership and Unified Community. The Crime-Free Rental Housing Program revisions develop and implement a community engagement plan that respects the state and federal fair housing rights of City residents. The proposed action of amending the Crime-Free Rental Housing Program also aligns with Strategic Target No. 3 – Improved Quality of Life. Proper maintenance of multi-family residential rental housing facilities can be encouraged by educating property owners, operators, and managers as to the risks of substandard maintenance, unsafe conditions, and nuisance activity. Such education and proper maintenance make the City cleaner and more attractive. As a result, it can incentivize more people, especially those who work in the City, to choose to live in the City.
Fiscal Impact
The stipulated judgment required the elimination of all fees, which results in not being able to issue inspection invoices or payments for the class. A reduction in fees will result in a reduction of Code Enforcement revenue of approximately $120,000 based on the inspection fees, interest, and class charge for 2022.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino: adopt Ordinance No. MC-1619 Amending Chapter 15.27 of the San Bernardino Municipal Code, Regarding Rental Housing Program Maintenance Standards.
Attachments
Attachment 1 - Ordinance No. MC-1619
Ward:
All Wards
Synopsis of Previous Council Actions:
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September 6, 2023 The Mayor and City Council introduced, read by title only, and waived further reading of Ordinance No. MC-1619 – An
Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 15.27 of Title 15 of the San Bernardino Municipal Code regarding rental housing program maintenance standards.
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ORDINANCE OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, AMENDING CHAPTER 15.27 OF
TITLE 15 OF THE SAN BERNARDINO MUNICIPAL
CODE, REGARDING RENTAL HOUSING
PROGRAM MAINTENANCE STANDARDS
WHEREAS, the proper maintenance of multi-family residential rental housing facilities can reduce nuisance conditions and improve the safety and security of residents; and WHEREAS, the proper maintenance of multi-family residential rental housing facilities can be encouraged by educating property owners, operators and managers as to the risks of substandard maintenance, unsafe conditions, and nuisance activity; and WHEREAS, the negative effects of substandard maintenance, unsafe conditions, and nuisance activity on rental housing have broader impacts on the public health, safety, and welfare of the City’s residents and the community at large; and WHEREAS, based upon the negative effects of substandard maintenance, unsafe conditions, and nuisance activity at certain residential rental housing facilities, other neighboring properties have experienced enduring nuisance conditions and reductions in property values; and WHEREAS, the education and inspections pursuant to this Ordinance address the negative impacts of substandard maintenance, unsafe conditions, and nuisance activity by providing the City’s Code Enforcement officers with authority to inspect multi-family residential rental housing facilities, educating property owners, and fining violations that do not accord with the principles of this Ordinance; and
WHEREAS, the City Council has determined that the negative impacts of substandard maintenance, unsafe conditions, and nuisance activity interfere with the public health, safety, quiet enjoyment, quality of life, and general welfare of the individuals residing in or near dwelling units that will be subject to this Ordinance; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA DO ORDAIN AS FOLLOWS:
SECTION 1. The recitals above are true and correct and are hereby incorporated herein by this reference.
SECTION 2. Chapter 15.27 of Title 15 of the San Bernardino Municipal Code is hereby amended in its entirety to state as follows:
“Chapter 15.27 Rental Housing Program Maintenance Standards
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15.27.010 Purpose
15.27.020 Applicability
15.27.030 Definitions
15.27.040 Scope
15.27.050 Mandatory Participation
15.27.060 Notice of Inspection
15.27.070 Violations
15.27.080 Re-Inspections
15.27.090 Administrative Citations
15.27.100 Appeals
15.27.110 Severability
15.27.010 Purpose
The Rental Housing Maintenance Program is a part of the City of San Bernardino's overall effort to maintain high property standards for maintenance of multi-family rental properties as defined herein. Owners of any multi-family rental property will be required to maintain these units in accordance with all applicable laws.
15.27.020 Applicability
The provisions of this Chapter shall apply to all multi-family rental property, as that term is defined herein, within the City. This Chapter also applies to the premises on which a multi- family rental property is located, including but not limited to parking lots, driveways, landscaping, accessory structures, fences, and walls.
The provisions of this Chapter are supplementary and complementary to other provisions of this Code and applicable laws. Nothing in this Chapter may be construed to limit any existing right of the City to abate nuisances or to enforce any provisions of applicable law, statute or this Code, including provisions of uniform codes adopted by reference in this Code.
15.27.030 Definitions
For the purpose of this Chapter, unless otherwise apparent from their context, certain words and phrases used in this Chapter shall have the meanings hereinafter designated. The definitions in this Chapter are included for reference purposes only and are not intended to narrow the scope of definitions set forth in federal or state laws or regulations. Words used in this Chapter in the singular may include the plural and the plural may include the singular. Use of the masculine shall also mean feminine and neuter.
A. “Applicable Laws" means the City's Municipal Code, the California Fire Code, the California Building Code, the Uniform Housing Code, Uniform Code for the Abatement of Dangerous Building and any other laws or regulations relating to the health or safety of City residents or the general public, as adopted by the City.
B. “City" means the City of San Bernardino.
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C. “Director" means the Director of Community, Housing, and Economic Development of the City of San Bernardino or his/her designee.
D. “Manager” means the person(s) who is responsible for the day-to-day maintenance, upkeep, and security of the rental property. “Manager” does not mean those who only physically perform the day-to-day maintenance, upkeep, and security functions of the rental property, such as but not limited to groundskeepers, craft workers, and security guards. Rather, the “manager” is the person(s) who makes the decisions concerning, and who directs and controls those who execute, the day-to-day maintenance, upkeep, and security of the rental property.
E. “Occupant" means any person who occupies a multi-family rental property, whether as a tenant or permittee of the owner.
F. “Owner" or "Property Owner" means a single individual, partnership or joint venture or any entity that has any kind of ownership interest in a multi-family rental property whether as an individual, partner, joint venture, stock owner, or ownership interest in some other capacity or the owner's designee. If more than one person or an entity owns the subject real property, owner or property owner refers to each person or entity holding any kind of ownership interest in the property, and the property owners' obligations in this chapter are joint and several as to each property owner.
G. “Multi-family Rental Housing Unit" or "Unit" means any residential dwelling unit, as defined in Chapter 19.02 of the San Bernardino Development Code, in a single structure, or in a group of attached or detached structures containing two or more such dwelling units on the same parcel of land, and is occupied or intended to be occupied on a rental basis. For the purpose of this Chapter, the following types of dwelling units or facilities are not considered multi-family rental housing units:
a) Hotels or motels
b) Accommodations in any hospital, extended care facility, residential care facility, convalescent home, nonprofit home for the aged, or dormitory that is owned and operated by an education institution
c) Mobile Home Parks
H. "Multi- family Rental Housing Complex" means a multi-unit residential structure consisting of four (4) or more units existing on one (1) parcel of land.
15.27.040 Scope
The provisions of this Chapter shall apply to all multi-family rental housing complexes containing four or more units on a single parcel.
15.27.050 Mandatory Participation
A. All multi-family rental property located in the City shall be subject to an annual inspection by the Director for compliance with the Rental Housing Program Maintenance Standards.
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B. All property owners and managers of multi-family rental property shall attend the 8 hour rental housing course presented by the City within eight (8) months of the passage of this Ordinance. If a new owner or manager takes over the property, the new property owner or manager shall complete the 8 hour rental housing course presented by the City within six (6) months of said ownership or employment.
C. Any oral or written communication in the form of educational manuals, guidance, inspection materials, memoranda, reports, worksheets, and writings used by the City and its employees and/or agents used in the rental housing course and/or annual inspection shall refrain from referring to the Rental Housing Program Maintenance Standards as a crime-free program or crime reduction program. The course and inspection materials shall refrain from pejoratively or derogatorily describing persons with criminal histories. The course and inspection materials shall not instruct property owners and managers to rely upon or use any criminal history information in housing admissions and housing termination of housing decisions that is prohibited by fair housing state and federal laws and regulations, including guidance from applicable state and federal enforcement agencies, which may be amended from time to time.
D. City sworn law enforcement shall not be involved in conducting the rental housing course or in conducting the annual exterior inspections or re-inspections. City code enforcement officers may be involved in conducting the rental housing course and in conducting the annual exterior inspections and re-inspections as a lawful exercise of their duties, including but not limited to enforcement responsibilities under California Civil Code section 1941 et seq. and Health and Safety Code sections 17920.3 and 17975 et seq.
15.27.060 Notice of Inspection
The Director shall mail written notice of the date and time of the inspection to the owner of the multi-family rental property at least three weeks before the scheduled annual inspection. Such notice shall provide the address and phone number where additional information concerning the inspection may be obtained. Notice to the owner shall be mailed by regular mail to the owner's last known address as it appears in the records of the County Assessor's Office.
The notice of inspection for the Rental Housing Maintenance Program shall be combined with the Multi-Family Rental Housing Program notice to the greatest extent possible for the convenience of the property owner.
15.27.070 Violations
A. Whenever the Director determines that a violation of this Chapter exists, the Director shall give notice of violation and an order to correct to the property owner. The notice shall be in writing and shall describe with reasonable detail the violation(s) so that the property owner has the opportunity to correct said violation(s).
B. Any person who fails to comply with any provisions of this Chapter after receiving written notice of the violation(s) and being given a reasonable opportunity to correct such violation(s) shall be deemed to be in violation of this Chapter.
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C. Any owner of a multi-family rental property who fails to permit the annual inspection by the Director pursuant to this Chapter shall be in violation of this Chapter.
15.27.080 Re-Inspections
A. One or more re-inspections may be conducted to verify that the deficiencies noted by the Director during the annual inspection have been corrected.
B. Violations that were not noted on the initial inspection report, but are discovered on the re- inspection due to subsequent damage or deterioration shall be subject to correction.
15.27.090 Administrative Citations
A. Owners who fail to correct any deficiencies noted during any inspection or re-inspection may be subject to an administrative citation in accordance with San Bernardino Municipal Code Chapter 9.92 until all deficiencies have been corrected to the satisfaction of the Director.
B. Issuance of an administrative citation is in addition to any other administrative or judicial (civil or criminal) remedy established by law which may be pursued to address any violation of the Municipal Code.
15.27.100 Appeals
Any recipient of an administrative citation may contest the citation by the procedures set forth in Chapter 9.94 of this Code.
15.27.110 Severability
In the event that any provision of this Ordinance, or any part thereof, or any application thereof to any person or circumstance, is for any reason held to be unconstitutional or otherwise invalid or ineffective by a court of competent jurisdiction on its face or as applied, such holding shall not affect the validity of the remaining provisions of this Ordinance, or any part thereof, or any application thereof to any person or circumstance or of said provision as applied to any other person or circumstance. It is hereby declared to be the legislative intent of the City that this Ordinance would have been adopted had such unconstitutional, invalid, or ineffective provision not been included herein.”
SECTION 3. Severability. If any provision of this Ordinance 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 ordinance are declared to be severable.
SECTION 4. The City Council finds this Ordinance 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. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.
SECTION 6. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.
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 Ordinance No. MC-1619, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 6th day of September 2023. Ordinance No. MC-1619 was approved and adopted at a regular meeting held 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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9 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
Mary E. Lanier, Interim Agency Director of Community,
Housing, and Economic Development
Department: Community, Housing, and Economic Development (CED) Subject: Settlement Agreement of Escrow Account Funds with Los Angeles Engineering
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California:
1. Approve the Settlement Agreement of Escrow Account Funds jointly held with Los Angeles Engineering, a California Corporation; and
2. Authorize the City Manager, or designee, to execute the Settlement Agreement, receive the funds, and close the escrow account.
Executive Summary
The recommended action will approve a Settlement Agreement between the City of San Bernardino and Los Angeles Engineering, releasing jointly held escrow funds in the amount of $147,032.87. The funds will be split evenly between the City of San Bernardino and Los Angeles Engineering. The City of San Bernardino will receive $73,516.43 and the escrow account will be closed.
Background
In 1958, the Redevelopment Agency of the City of San Bernardino (“Redevelopment Agency”) was created pursuant to Section 33000 et seq. of the California Health and Safety Code (“HSC”) and was responsible for the administration of redevelopment activities within the City of San Bernardino.
On October 28, 2011, the City of San Bernardino, a charter city and municipal corporation (“City”) and Los Angeles Engineering, a California Corporation, (“LAE”) entered into an Escrow Account Agreement for Security Deposits in Lieu of Retention (“Escrow Agreement”) with Community Bank, a California Banking Corporation (the “Escrow Agent”). Pursuant to the Escrow Agreement, the Parties opened Account No.
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9 XXXXXXX9815 (the “Escrow Account”) with Community Bank, into which the Redevelopment Agency deposited funds in connection with a construction contract between the Redevelopment Agency and LAE.
Pursuant to HSC section 34172(a)(1), the Redevelopment Agency was dissolved on February 1, 2012. Consistent with the provisions of the HSC, the City serves as the Successor Agency to the Redevelopment Agency.
On September 27, 2012, LAE filed a lawsuit against the Redevelopment Agency in the amount of $1,117,894.00. On June 11, 2014, judgment was entered in favor of LAE and against the Redevelopment Agency for $1,117,894.00. The Parties entered into an agreement to reduce the amount owed by the City to $1,006.104.60 On December 4, 2014, the City transferred $1,006.104.60 to LAE pursuant to this agreement. Subsequently, on October 5, 2015, LAE filed an Acknowledgement of Satisfaction of Judgment.
In May 2015, the Parties entered into a Tolling Agreement to toll applicable statute of limitations for potential claims regarding the proper distribution of funds from the Escrow Account.
Discussion
The previous agreements did not address the distribution of the funds remaining in the Escrow Account and disputes arose between the City of San Bernardino and Los Angeles Engineering involving the distribution of the funds remaining in the Escrow Account.
The purpose of this Settlement Agreement is to memorialize the terms for the distribution of the funds remaining in the Escrow Account, as negotiated between the Parties, and subsequently close the escrow account.
2021-2025 Strategic Targets and Goals
This project is consistent with Strategic Target 1: Improved Operational & Financial Capacity. The action will recover funds previously allocated to City improvement projects.
Fiscal Impact
Approval of this item will result in the City receiving escrow account funds in the amount of $73,513.43. The appropriation of these funds will be determined by the Agency Director of Administrative Services.
Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California:
1. Approve the Settlement Agreement of Escrow Account Funds jointly held with Los Angeles Engineering, a California Corporation; and
2. Authorize the City Manager, or designee, to execute the Settlement Agreement, receive the funds, and close the escrow account.
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9 Attachments
Attachment 1 – Settlement Agreement
Ward:
All Wards
Synopsis of Previous Council Actions:
None
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SETTLEMENT AGREEMENT
ESCROW ACCOUNT FUNDS
This Settlement Agreement (“Settlement Agreement”) is made by and between the City of San Bernardino, a charter city and municipal corporation (City”) and Los Angeles Engineering, Inc., a California corporation (“LAE”). The City and LAE are collectively referred to as the “Parties” and individually referred to as “Party”.
RECITALS
A. In 1958, the Redevelopment Agency of the City of San Bernardino (“Redevelopment Agency”) was created pursuant to Section 33000 et seq. of the California Health and Safety Code (“HSC”) and was responsible for the administration of redevelopment activities within the City.
B. On October 28, 2011, the Parties entered into an Escrow Agreement for Security Deposits in Lieu of Retention (“Escrow Agreement”) with Community Bank, a California banking corporation (the “Escrow Agent”).
C. Pursuant to the Escrow Agreement, the Parties opened up Account No.
XXXXXXX9815 (the “Escrow Account”) with Community Bank, into which the Redevelopment Agency deposited funds in connection with a construction contract between the Redevelopment Agency and LAE.
D. Pursuant to HSC section 34172(a)(1), the Redevelopment Agency was dissolved on February 1, 2012. Consistent with the provisions of the HSC, the City serves as the Successor Agency to the Redevelopment Agency.
E. On September 27, 2012, LAE filed a lawsuit against the Redevelopment Agency in the amount of $1,117,894.00. On June 11, 2014, judgment was entered in favor of LAE and against the Redevelopment Agency for $1,117,894.00.
F. The Parties entered into an agreement to reduce the amount owed by the City to $1,006.104.60.
G. On December 4, 2014, the City transferred $1,006.104.60 to LAE pursuant to this agreement. Subsequently, on October 5, 2015, LAE filed an Acknowledgement of Satisfaction of Judgment.
H. The previous agreements did not address the distribution of the funds remaining in the Escrow Account and disputes arose between the Parties involving the distribution of the funds remaining in the Escrow Account (the “Dispute”).
I. In May 2015, the Parties entered into a Tolling Agreement in order to toll applicable statute of limitations for potential claims regarding the proper distribution of funds from the Escrow Account.
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J. The purpose of this Settlement Agreement is to memorialize the terms for the distribution of the funds remaining in the Escrow Account as negotiated between the Parties.
NOW, THEREFORE, in consideration of the facts recited above, the covenants, conditions, and promises set forth below, and for good and valuable consideration, receipt of which is hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. Incorporation of Recitals. The Recitals to this Settlement Agreement are incorporated into and shall constitute a part of this Settlement Agreement.
2. Effective Date. This Settlement Agreement and the settlements, releases, and waivers contemplated hereunder shall become effective and binding upon the Parties, as of August __, 2023 (“Effective Date”).
3. Escrow Account Funds. The Parties agree that the $147,032.87 of funds in the Escrow Account shall be split equally between the City and LAE. The City and LAE shall each receive $73,513.43 from the Escrow Account funds. The Parties further agree to provide any necessary written consents to the Escrow Agent required by the Escrow Agreement to effectuate the closing of the Escrow Account and distribution of the funds.
4. Settlement. Except for the obligations set forth in this Settlement Agreement or otherwise noted herein, the Parties acknowledge that the payments outlined in Section 3 of this Settlement Agreement shall constitute full and final settlement of all claims the Parties have against one another, including but not limited to, compensation for all contract amounts and pending change orders, change order proposals, contract balance, claims, back-charges, liquidated damages, and credits related to the Dispute.
5. Release.
5.1 Release of Claims by City.
City releases and discharges all claims of every kind whatsoever whether known or unknown, which City or any of its agents, shareholders, representatives, employees, predecessors, successors and/or assigns, asserts or could assert against LAE or any of its agents, shareholders, representatives, sureties, insurers, employees, predecessor, successors and/or assigns, relating to the Dispute (“City Releases”).
5.2 Release of Claims by LAE
LAE releases and discharges all claims of every kind whatsoever whether known or unknown, which LAE or any of its agents, shareholders, representatives, employees, predecessors, successors and/or assigns, asserts or could assert against City or any of its officials, officers, consultants, agents, shareholders, representatives, sureties, insurers, employees, architects, engineers, construction managers, predecessor, successors and/or assigns, relating to the Dispute (“LAE Releases”).
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5.3 Civil Code Section 1542 Waiver.
(a) With respect to the releases described in City Releases and LAE Releases, the Parties expressly waive all rights under California Civil Code section 1542 which provides that a general release does not extend to unknown or unsuspected claims which, if known, would have materially affected the settlement. California Civil Code section 1542 provides:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE
CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS
OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN
BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
(b) The Parties acknowledge that they may hereafter discover facts different from, or in addition to, those which they now believe to be true with respect to the release of claims. The Parties agree that the foregoing release shall be and remain effective in all respects notwithstanding such different or additional facts or any discovery thereof. (c) The Parties further acknowledge and agree that waivers of rights under Section 1542 of the California Civil Code have been separately bargained for and are essential and material terms of this Settlement Agreement, and, without such waivers, this Settlement Agreement would not have been entered into.
6. Representations and Warranties. Each Party acknowledges that the other party to this Settlement Agreement has relied and is relying on the representations and warranties provided contained in the Settlement Agreement in entering into this Settlement Agreement.
7. Good Faith Cooperation. Each Party covenants and agrees to reasonably cooperate with the other party and act in good faith to effectuate the purposes of this Settlement Agreement, as stated herein. Each Party will take all steps, do all things, and sign, execute and deliver all documents reasonably necessary to give effect to this Settlement Agreement or to carry out and achieve the terms and conditions, goals, and the purposes of this Settlement Agreement.
8. Attorneys’ Fees. The Parties agree to bear their own attorneys’ fees and costs.
However, in the event of any suit or proceeding arising from the enforcement or breach of this Settlement Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs in addition to any other permitted relief.
9. Headings. Section titles, headings, and captions herein are inserted as a matter of convenience and in no way define, limit, extend, or describe the scope of this Settlement Agreement or any provisions contained herein.
10. Severability. If any section, sentence, clause, or phrase in this Settlement Agreement shall become illegal, null, or void for any reason, or shall be held by a court of competent jurisdiction to be illegal null, void, or against public policy, the remaining sections,
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sentences, clauses, or phrases herein shall not be affected thereby and the balance of the Settlement Agreement shall remain fully enforceable consistent with the intent of the Parties as expressed herein.
11. Denial of Liability. This Settlement Agreement is the compromise of disputed Claims and nothing contained herein is to be construed as an admission of liability, obligation, or fault on the part of any of the Parties, each of whom expressly deny any liability, obligation, or fault; nor shall it be construed as an admission of the absence of any liability, obligation, or fault on the part of any of the Parties. This Settlement Agreement is intended merely to avoid potential or further litigation.
12. Independent Advice of Counsel. The Parties represent and declare that in executing this Settlement Agreement, they rely solely upon their own judgment, belief, and knowledge, and the advice and recommendations of their own independently selected counsel.
13. Voluntary Agreement. The Parties represent and declare that they have carefully read this Settlement Agreement and know the contents thereof, and that they have signed the same freely and voluntarily.
14. Authorization. Each person executing this Settlement Agreement represents and warrants that he or she has full and complete authority to bind and commit to this Settlement Agreement and to its provisions and the actions contemplated herein by the respective party on whose behalf the Settlement Agreement is signed.
15. Counterparts. The Parties agree this Settlement Agreement may be executed in counterparts or facsimile. PDF image signatures have the same force and effect as original signatures. A copy of the signed original of the Settlement Agreement may be used for all purposes for which a signed original can be used. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
16. Modification. This Settlement Agreement represents the entire understanding of the Parties as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. This Settlement Agreement may not be amended modified, or otherwise changed except by a written instrument duly signed by authorized representatives of all Parties.
17. Enforcement. Nothing in this Settlement Agreement shall be construed to prevent a party from bringing forward an action for enforcement of this Settlement Agreement.
18. Waiver. The waiver by one party of any provision or breach of this Settlement Agreement shall not be deemed a waiver by any other party of any other provision or breach of the Settlement Agreement. Further, the waiver by one party of any provision or breach of the
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Settlement Agreement shall not be deemed a waiver of any other provision or breach of the Settlement Agreement. A waiver shall not be effective unless in writing and signed by the party against whom waiver is asserted.
19. Governing Law; Venue. This Settlement Agreement, and any disputes arising under this Settlement Agreement, shall be governed, construed, and enforced in accordance with the laws of the State of California without giving effect to the provisions, policies, or principles relating to choice of law or conflict of laws. The Parties further acknowledge, agree, and stipulate that the venue for any action brought by either party to construe or enforce this Settlement Agreement shall be exclusively in the Superior Court of California for the County of San Bernardino.
20. Arms-Length Negotiations. The determination of the terms and conditions contained herein and the drafting of the provisions of this Settlement Agreement has been by mutual understanding after negotiation, with consideration by, and participation of, the Parties hereto and their counsel. This Settlement Agreement shall not be construed against any Party on the basis that the Party was the drafter or participated in the drafting. Any statute or rule of construction that ambiguities are to be resolved against the drafting party shall not be employed in the implementation of this Settlement Agreement and the Parties agree that the drafting of this Settlement Agreement has been a mutual undertaking.
IN WITNESS WHEREOF, the Parties have executed this Settlement Agreement of the Effective Date set forth in Section 2 of the Settlement Agreement.
CITY OF SAN BERNARDINO
APPROVED BY:
Charles E. McNeely
Interim City Manager
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
LOS ANGELES ENGINEERING, INC.
APPROVED BY:
Angus O’Brien
President
ATTESTED BY:
Melody Turner
Controller
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City of San Bernardino
Request for Council Action
Date: October 4, 2023
To: Honorable Mayor and City Council Members
From: Cheryl Weeks, Council Administrative Supervisor
Department: Council Office
Subject: City Board, Commission, and Citizen Advisory
Committee Minutes Approved in August and
September 2023
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in August and September 2023.
Executive Summary
Meeting minutes for the City’s Boards, Commissions, and Committees approved in August and September 2023 are presented to the Mayor and City Council to receive and file.
Background
On February 7, 2018, the Mayor and City Council adopted general provisions for the City’s boards, commissions and citizen advisory committees under Municipal Code Chapter 2.17 requiring meeting minutes to be provided to the Mayor and City Council.
Discussion
In keeping with the reporting requirements established in Municipal Code Chapter
2.17.080 the minutes for the board, commission, and citizen advisory committee meetings approved in August and September 2023 are presented for review by the Mayor and City Council including the:
1. Arts and Historical Preservation Commission - 7/17/2023
2. Charter Review Committee - 6/1/2023
3. Planning Commission - 7/11/2023
4. Public Safety and Human Relations Commission - 7/10/2023 and 8/14/2023
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2021-2025 Strategic Targets and Goals
Providing the agendas and minutes from each of the City’s Boards, Commissions and Citizen Advisory Committees to the Mayor and City Council is in alignment with Key Target Number 2: Focused, Aligned Leadership And Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.
Fiscal Impact
No fiscal impact to the City.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in August and September 2023.
Attachments
Attachment 1 - City Board, Commission and Citizen Advisory Committee Meeting minutes approved in August and September 2023
Ward:
All Wards
Synopsis of Previous Council Actions:
February 7, 2018 The Mayor and City Council adopted general provisions for the City’s boards, commissions and citizen advisory
committees under Municipal Code Chapter 2.17 requiring
meeting minutes to be provided to the Mayor and City
Council.
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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;
Suzie H. Soren, Director of Human Resources
Department: Human Resources
Subject: Senior Human Resources/Risk Analyst Classification Title Change
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution 2023-147
1. Updating the Senior Human Resources/Risk Analyst classification title to Supervising Human Resources Analyst; and
2. Amending the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions.
Executive Summary
Updating the Senior Human Resources/Risk Analyst job title to Supervising Human Resources Analyst to more accurately reflect the duties and responsibilities of the role.
Background
The Recruitment Division of the Human Resources Department engages in reviewing and updating the City’s position classifications. This includes ensuring that position classifications have titles that accurately describe their nature and intent. During a recent review of the positions within the Human Resources Department, the Senior Human Resources/Risk Analyst classification was assessed and determined to need a title update to accurately reflect the nature of the position.
Discussion
The current title of Senior Human Resources/Risk Analyst indicates that the position performs advanced human resources duties but does not indicate that the position supervises staff; however, within this classification an employee will manage the performance of employees in the execution of department assignments. This classification oversees a team comprised of professional, para-professional, technical, and/or clerical staff performing various human resources functions. In addition, the position has higher level professional assignments to be performed in a variety of human resource program areas such as developing City policies and procedures,
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using specific supervisory techniques, and having concrete knowledge of legal requirements. Changing the classification title to Supervising Human Resources Analyst will provide an accurate, industry accepted title that describes the essential duties and responsibilities of this classification.
There is no intention to change the job description or salary. There is only a proposed title change.
As changes are made to salaries or classifications, the City is required to adopt a revised salary schedule in a public meeting. The attached salary schedule meets the California Public Employees Retirement Systems (CalPERS) pay rate reporting requirements in accordance with Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5.
2021-2025 Strategic Targets and Goals
Approving the classification title change from Senior Human Resources/Risk Analyst to Supervising Human Resources Analyst aligns with Key Target 2b: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality of talent.
Fiscal Impact
This is a classification title change only; therefore, there is no fiscal impact.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution 2023-147
1. Updating the Senior Human Resources/Risk Analyst classification title to Supervising Human Resources Analyst; and
2. Amending the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions.
Attachments
Attachment 1 – Resolution No. 2023-147
Attachment 2 – Exhibit A – City-wide Salary Schedule
Ward:
All Wards
Synopsis of Previous Council Actions:
August 16, 2023 Mayor and City Council adopted Resolution No. 2023-129 Amending the City-wide salary schedule for full-time, part- time, temporary, and seasonal positions.
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Resolution No. 2023-147
Resolution 2023-147
October 4, 2023
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RESOLUTION NO. 2023-147
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
UPDATING THE SENIOR HUMAN RESOURCES/RISK
ANALYST CLASSIFICATION TITLE TO SUPERVISING
HUMAN RESOURCES ANALYST; AND AMENDING THE
CITY-WIDE SALARY SCHEDULE FOR FULL-TIME,
PART-TIME, TEMPORARY, AND SEASONAL POSITIONS
WHEREAS, The Recruitment Division of the Human Resources Department engages in reviewing and updating the City’s position classifications.; and WHEREAS, the current classification title of Senior Human Resources/Risk Analyst indicates that the classification does not supervise employees; and WHEREAS, the intent of the classification is that they supervise the performance of staff in their execution of department assignments; and
WHEREAS, approving the classification title change from Senior Human Resources/Risk Analyst to Supervising Human Resources analyst will accurately reflect the nature and intent of the classification; and
WHEREAS, the salary schedule includes all adopted and approved classification and salaries; and
WHEREAS, the salary schedule meets the California Public Employees Retirement Systems (CalPERS) pay rate reporting requirements in accordance to Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5.
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 classification title change from Senior Human Resources/Risk Analyst to Supervising Human Resources Analyst, is hereby and approved.
SECTION 3. The city-wide salary schedule incorporated herein as Exhibit A, is hereby approved.
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
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Resolution No. 2023-147
Resolution 2023-147
October 4, 2023
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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
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2023-147
Resolution 2023-147
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. 2023-147, 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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ADOPTED 09/06/23
EFFECTIVE 09/06/23
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP HOURLY/
MONTHLY UNIT
30011 ACCOUNTANT I (FLEX) 465 $5,001.98 $6,080.40 MONTHLY GENERAL 30012 ACCOUNTANT II 485 $5,527.33 $6,718.81 MONTHLY GENERAL 10012 ACCOUNTANT II - PAYROLL 485 $5,401.95 $6,566.40 MONTHLY CONFIDENTIAL 20013 ACCOUNTANT III 520 $6,575.74 $7,993.21 MONTHLY MIDDLE MANAGEMENT 10860 ACCOUNTING DIVISION MANAGER (U) 608 $9,976.33 $12,126.50 MONTHLY MANAGEMENT 30017 ACCOUNTING TECHNICIAN I (FLEX) 399 $3,599.92 $4,374.65 MONTHLY GENERAL 30018 ACCOUNTING TECHNICIAN II 419 $3,976.75 $4,833.51 MONTHLY GENERAL 30030 ACCOUNTING TECHNICIAN III 437 $4,350.27 $5,287.93 MONTHLY GENERAL 30709 ADMINISTRATIVE ASSISTANT 400 $3,617.65 $4,396.82 MONTHLY GENERAL 10081 ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U) 464 $4,864.68 $5,913.23 MONTHLY CONFIDENTIAL 10092 ADMINISTRATIVE ASSISTANT TO THE MAYOR I (U) 410 $3,716.48 $4,516.97 MONTHLY CONFIDENTIAL 10093 ADMINISTRATIVE ASSISTANT TO THE MAYOR II (U) 430 $4,106.44 $4,990.33 MONTHLY CONFIDENTIAL 10534 ADMINISTRATIVE CLAIMS SPECIALIST 420 $3,906.04 $4,747.69 MONTHLY CONFIDENTIAL 20457 ADMINISTRATIVE SERVICES SUPERVISOR 484 $5,494.91 $6,678.72 MONTHLY MIDDLE MANAGEMENT 10979 ADMINISTRATIVE SUPERVISOR AND EXECUTIVE ASSISTANT TO THE CITY MANAGER (U) 535 $6,931.44 $8,425.18 MONTHLY MANAGEMENT 09710 AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES (U) 692 $15,168.14 $18,436.18 MONTHLY EXECUTIVE 09525 AGENCY DIRECTOR OF COMMUNITY, HOUSING AND ECONOMIC DEVELOPMENT (U) 692 $15,168.14 $18,436.18 MONTHLY EXECUTIVE 09760 AGENCY DIRECTOR OF PUBLIC WORKS, OPERATIONS AND MAINTENANCE (U) 692 $15,168.14 $18,436.18 MONTHLY EXECUTIVE 30140 ANIMAL CONTROL OFFICER I (FLEX) 411 $3,821.59 $4,645.09 MONTHLY GENERAL 30141 ANIMAL CONTROL OFFICER II 424 $4,077.61 $4,956.53 MONTHLY GENERAL 30092 ANIMAL LICENSE INSPECTOR 370 $3,114.46 $3,786.12 MONTHLY GENERAL 20320 ANIMAL SERVICES MANAGER 526 $6,775.07 $8,235.73 MONTHLY MIDDLE MANAGEMENT 30130 ANIMAL SERVICES REPRESENTATIVE 370 $3,114.46 $3,786.12 MONTHLY GENERAL 20319 ANIMAL SERVICES SUPERVISOR 478 $5,333.23 $6,482.71 MONTHLY MIDDLE MANAGEMENT 30119 ANIMAL SHELTER ATTENDANT 370 $3,114.46 $3,786.12 MONTHLY GENERAL 00300 APPRENTICE (PT) 381 $2,969.00 $3,608.00 MONTHLY NA 20620 AQUATICS SUPERVISOR 468 $5,073.00 $6,167.11 MONTHLY MIDDLE MANAGEMENT 30400 ARBORIST 452 $4,688.31 $5,699.13 MONTHLY GENERAL
30894 ASSESSMENT DISTRICT/REAL PROP SPECIALIST 500 $5,956.26 $7,239.73 MONTHLY GENERAL 10492 ASSISTANT BUILDING OFFICIAL 583 $8,806.47 $10,704.25 MONTHLY MANAGEMENT 30271 ASSISTANT BUYER 430 $4,201.75 $5,106.16 MONTHLY GENERAL 50141 ASSISTANT CHIEF OF POLICE P6 $23,765.30 $23,765.30 MONTHLY POLICE MANAGEMENT 10644 ASSISTANT CITY MANAGER (U) 705 $16,184.19 $19,669.95 MONTHLY EXECUTIVE 00212 ASSISTANT LITERACY PROGRAM COORDINATOR (PT) (GRANT FUNDED) 385 $3,029.00 $3,681.00 MONTHLY NA 30168 ASSISTANT PLANNER (FLEX) 486 $5,555.04 $6,752.06 MONTHLY GENERAL 10216 ASSISTANT TO THE CITY MANAGER (U) 580 $8,676.49 $10,546.10 MONTHLY MANAGEMENT 10104 ASSISTANT TO THE MAYOR I (U) 430 $4,106.44 $4,990.33 MONTHLY MANAGEMENT 10105 ASSISTANT TO THE MAYOR II (U) 480 $5,268.72 $6,403.92 MONTHLY MANAGEMENT 10106 ASSISTANT TO THE MAYOR III (U) 530 $6,761.38 $8,218.29 MONTHLY MANAGEMENT 10107 ASSISTANT TO THE MAYOR IV (U) 580 $8,676.49 $10,546.10 MONTHLY MANAGEMENT 20169 ASSOCIATE PLANNER 515 $6,414.06 $7,796.09 MONTHLY MIDDLE MANAGEMENT City of San Bernardino
Salary Schedule
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 1 of 8
EXHIBIT A
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ADOPTED 09/06/23
EFFECTIVE 09/06/23
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP HOURLY/
MONTHLY UNIT
00194 BACKGROUND INVESTIGATOR (PT) 493 $5,190.00 $6,308.00 MONTHLY NA 10060 BUDGET DIVISION MANAGER (U) 608 $9,976.33 $12,126.50 MONTHLY MANAGEMENT 10062 BUDGET OFFICER 581 $8,719.81 $10,598.09 MONTHLY MANAGEMENT 20250 BUILDING INSPECTION SUPERVISOR 542 $7,338.73 $8,920.10 MONTHLY MIDDLE MANAGEMENT 30072 BUILDING INSPECTOR I (FLEX) 460 $4,878.95 $5,930.77 MONTHLY GENERAL 30073 BUILDING INSPECTOR II 487 $5,582.75 $6,785.31 MONTHLY GENERAL 30074 BUILDING INSPECTOR III 511 $6,292.09 $7,648.71 MONTHLY GENERAL 10500 BUILDING OFFICIAL (U) 613 $10,228.72 $12,431.96 MONTHLY MANAGEMENT 30502 BUSINESS REGISTRATION INSPECTOR 459 $4,854.57 $5,900.85 MONTHLY GENERAL 20263 BUSINESS REGISTRATION MANAGER 530 $6,912.39 $8,401.84 MONTHLY MIDDLE MANAGEMENT 30650 BUSINESS REGISTRATION REPRESENTATIVE I 419 $3,976.75 $4,833.51 MONTHLY GENERAL 30651 BUSINESS REGISTRATION REPRESENTATIVE II 429 $4,180.69 $5,080.67 MONTHLY GENERAL 20271 BUYER 460 $4,874.77 $5,925.69 MONTHLY MIDDLE MANAGEMENT 30292 CEMETERY CARETAKER 395 $3,527.87 $4,288.20 MONTHLY GENERAL 10870 CAPITAL IMPROVEMENT PROJECT MANAGER 591 $9,165.01 $11,140.78 MONTHLY MANAGEMENT 10398 CHIEF DEPUTY CITY CLERK (U) 565 $8,050.39 $9,785.69 MONTHLY MANAGEMENT 50280 CHIEF OF POLICE NA $28,565.57 $28,565.57 MONTHLY EXECUTIVE 10399 CITY CLERK (U) NA $10,590.00 $12,873.00 MONTHLY NA 00601 CITY COUNCIL NA $3,125.00 $3,125.00 MONTHLY NA
10370 CITY MANAGER (U) NA $23,750.00 $23,750.00 MONTHLY MANAGEMENT 10495 CIVIL ENGINEERING DIVISION MANAGER (U) 620 $10,591.59 $12,873.91 MONTHLY MANAGEMENT 10273 CODE ENFORCEMENT DIVISION MANAGER (U) 563 $7,970.23 $9,688.20 MONTHLY MANAGEMENT 30450 CODE ENFORCEMENT OFFICER I (FLEX) 441 $4,437.83 $5,394.33 MONTHLY GENERAL 30455 CODE ENFORCEMENT OFFICER II 472 $5,180.42 $6,296.53 MONTHLY GENERAL 10135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR 482 $5,321.79 $6,468.91 MONTHLY CONFIDENTIAL 30135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING PROGRAM ASSISTANT 420 $3,996.70 $4,857.89 MONTHLY GENERAL 30890 COMMUNITY DEVELOPMENT TECHNICIAN 446 $4,549.77 $5,530.66 MONTHLY GENERAL 30120 COMMUNITY INTERVENTION PROGRAM COORDINATOR 438 $4,372.43 $5,314.53 MONTHLY GENERAL 10100 COMMUNITY INTERVENTION PROGRAM MANAGER (U) 600 $9,586.38 $11,652.05 MONTHLY MANAGEMENT 30754 COMMUNITY POLICING SPECIALIST 470 $5,128.33 $6,234.46 MONTHLY GENERAL 20923 COMMUNITY RECREATION MANAGER 556 $7,869.18 $9,564.61 MONTHLY MIDDLE MANAGEMENT 30821 COMMUNITY RECREATION PROGRAM COORDINATOR 388 $3,407.06 $4,141.90 MONTHLY GENERAL 20925 COMMUNITY RECREATION PROGRAM SUPERVISOR 488 $5,605.65 $6,813.83 MONTHLY MIDDLE MANAGEMENT 20504 COMMUNITY SERVICES CENTER SUPERVISOR 458 $4,827.15 $5,867.00 MONTHLY MIDDLE MANAGEMENT 30758 COMMUNITY SERVICES OFFICER 427 $4,138.57 $5,030.79 MONTHLY GENERAL 20781 COMMUNITY SERVICES OFFICER SUPERVISOR 480 $5,386.39 $6,546.94 MONTHLY MIDDLE MANAGEMENT 30990 COMMUNITY SERVICES PROGRAM COORDINATOR 438 $4,372.43 $5,314.53 MONTHLY GENERAL 20424 CONSTRUCTION MANAGER 585 $9,093.96 $11,052.95 MONTHLY MIDDLE MANAGEMENT 10072 COUNCIL ADMINISTRATIVE SUPERVISOR (U) 506 $5,998.80 $7,291.06 MONTHLY CONFIDENTIAL 30604 CRIME ANALYSIS SUPPORT ASSISTANT 400 $3,617.65 $4,396.82 MONTHLY GENERAL 30603 CRIME ANALYST 493 $5,752.33 $6,991.46 MONTHLY GENERAL 00605 CRIME DATA TECHNICIAN (PT) 362 $2,700.00 $3,282.00 MONTHLY NA 20600 CRIME FREE PROGRAM COORDINATOR 490 $5,662.13 $6,882.49 MONTHLY MIDDLE MANAGEMENT 30602 CRIMINAL INVESTIGATION OFFICER 493 $5,752.33 $6,991.46 MONTHLY GENERAL 00054 CUSTODIAL AIDE (PT) 361 $2,687.00 $3,266.00 MONTHLY NA SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 2 of 8
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ADOPTED 09/06/23
EFFECTIVE 09/06/23
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP HOURLY/
MONTHLY UNIT
20616 CUSTODIAL SUPERVISOR 477 $5,306.66 $6,449.49 MONTHLY MIDDLE MANAGEMENT 30621 CUSTODIAN 368 $3,083.43 $3,748.43 MONTHLY GENERAL 30222 CUSTOMER SERVICE REPRESENTATIVE 386 $3,373.81 $4,100.89 MONTHLY GENERAL 30226 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) 396 $3,545.61 $4,310.37 MONTHLY GENERAL 30227 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) (U) 396 $3,545.61 $4,310.37 MONTHLY GENERAL 30224 CUSTOMER SERVICE REPRESENTATIVE (U) 386 $3,373.81 $4,100.89 MONTHLY GENERAL 30100 DATA ANALYST 444 $4,505.44 $5,476.35 MONTHLY GENERAL 10650 DEPUTY CITY CLERK I (U) 490 $5,538.44 $6,732.13 MONTHLY CONFIDENTIAL 10654 DEPUTY CITY CLERK II (U) 530 $6,761.38 $8,218.29 MONTHLY MANAGEMENT 10372 DEPUTY CITY MANAGER (U) 681 $14,357.90 $17,452.63 MONTHLY MANAGEMENT 10066 DEPUTY DIRECTOR OF FINANCE (U) 629 $11,077.95 $13,465.34 MONTHLY MANAGEMENT 10720 DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U) 629 $11,077.95 $13,465.34 MONTHLY MANAGEMENT 10610 DEPUTY DIRECTOR OF HUMAN RESOURCES (U) 629 $11,077.95 $13,465.34 MONTHLY MANAGEMENT 10638 DEPUTY DIRECTOR OF INFORMATION TECHNOLOGY (U) 629 $11,077.95 $13,465.34 MONTHLY MANAGEMENT 10830 DEPUTY DIRECTOR OF OPERATIONS (U) 629 $11,077.95 $13,465.34 MONTHLY MANAGEMENT 10732 DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U) 612 $10,177.81 $12,370.22 MONTHLY MANAGEMENT 10803 DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U) 678 $14,144.51 $17,192.66 MONTHLY MANAGEMENT 10802 DEPUTY DIRECTOR/CITY PLANNER (U) 662 $13,060.22 $15,874.39 MONTHLY MANAGEMENT 10400 DEPUTY LIBRARY DIRECTOR (U) 575 $8,462.01 $10,286.13 MONTHLY MANAGEMENT 40466 DETECTIVE/CORPORAL P2 $8,746.90 $11,471.16 MONTHLY POLICE SAFETY 10685 DIRECTOR OF ANIMAL SERVICES (U) 630 $11,133.20 $13,532.50 MONTHLY EXECUTIVE 10520 DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT (U) 692 $15,168.14 $18,436.18 MONTHLY EXECUTIVE 10711 DIRECTOR OF FINANCE (U) 692 $15,168.14 $18,436.18 MONTHLY EXECUTIVE 10665 DIRECTOR OF HUMAN RESOURCES (U) 660 $12,930.24 $15,716.25 MONTHLY EXECUTIVE 10625 DIRECTOR OF INFORMATION TECHNOLOGY (U) 660 $12,930.24 $15,716.25 MONTHLY EXECUTIVE 10731 DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U) 662 $13,060.22 $15,874.39 MONTHLY EXECUTIVE 10753 DIRECTOR OF PUBLIC WORKS (U) 692 $15,168.14 $18,436.18 MONTHLY EXECUTIVE 20200 DISADVANTAGED BUSINESS ENTERPRISE (DBE) SPECIALIST 560 $8,027.54 $9,757.29 MONTHLY MIDDLE MANAGEMENT 10140 DIVERSITY, EQUITY & INCLUSION OFFICER (U) 590 $9,119.52 $11,085.54 MONTHLY MANAGEMENT 10125 ECONOMIC DEVELOPMENT DIVISION MANAGER (U) 600 $9,586.38 $11,652.05 MONTHLY MANAGEMENT 10127 ECONOMIC DEVELOPMENT PROJECT MANAGER 560 $7,852.17 $9,544.13 MONTHLY MANAGEMENT 10120 ECONOMIC DEVELOPMENT SPECIALIST 500 $5,821.15 $7,075.51 MONTHLY CONFIDENTIAL 30831 ELECTRICIAN I (FLEX) 445 $4,527.60 $5,502.95 MONTHLY GENERAL 30841 ELECTRICIAN II 465 $5,001.98 $6,080.40 MONTHLY GENERAL 10367 EMERGENCY OPERATIONS MANAGER 565 $8,050.39 $9,785.69 MONTHLY MANAGEMENT 30432 ENGINEERING ASSISTANT I (FLEX) 450 $4,641.76 $5,642.60 MONTHLY GENERAL 30434 ENGINEERING ASSISTANT II 475 $5,258.00 $6,391.85 MONTHLY GENERAL 30436 ENGINEERING ASSISTANT III 511 $6,292.09 $7,648.71 MONTHLY GENERAL 20441 ENGINEERING ASSOCIATE 532 $6,981.04 $8,486.00 MONTHLY MIDDLE MANAGEMENT 10180 ENGINEERING PROJECT MANAGER 590 $9,119.52 $11,085.54 MONTHLY MANAGEMENT 30445 ENGINEERING TECHNICIAN 446 $4,549.77 $5,530.66 MONTHLY GENERAL 10200 ENTERPRISE RESOURCE PLANNING (ERP) PROJECT MANAGER 532 $6,828.53 $8,300.61 MONTHLY MANAGEMENT 30420 ENVIRONMENTAL PROGRAMS COORDINATOR 464 $4,977.59 $6,050.47 MONTHLY GENERAL 20444 ENVIRONMENTAL PROJECT MANAGER 560 $8,027.54 $9,757.29 MONTHLY MIDDLE MANAGEMENT 20024 EQUIPMENT MAINTENANCE MANAGER 551 $7,675.38 $9,329.84 MONTHLY MIDDLE MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 3 of 8
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EFFECTIVE 09/06/23
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP HOURLY/
MONTHLY UNIT
20025 EQUIPMENT MAINTENANCE SUPERVISOR 523 $6,675.40 $8,113.91 MONTHLY MIDDLE MANAGEMENT 30921 EQUIPMENT MECHANIC I (FLEX) 431 $4,221.70 $5,131.65 MONTHLY GENERAL 30902 EQUIPMENT MECHANIC II 450 $4,641.76 $5,642.60 MONTHLY GENERAL 30943 EQUIPMENT SERVICE WORKER 408 $3,765.06 $4,576.37 MONTHLY GENERAL 30707 EXECUTIVE ASSISTANT 430 $4,201.75 $5,106.16 MONTHLY GENERAL 10707 EXECUTIVE ASSISTANT (U) 430 $4,106.44 $4,990.33 MONTHLY CONFIDENTIAL 10982 EXECUTIVE ASSISTANT TO DIRECTOR (U) 464 $4,864.68 $5,913.23 MONTHLY CONFIDENTIAL 10978 EXECUTIVE ASSISTANT TO MAYOR (U) 502 $5,879.65 $7,147.00 MONTHLY CONFIDENTIAL 10976 EXECUTIVE ASSISTANT TO THE CITY MANAGER (U) 502 $5,879.65 $7,147.00 MONTHLY CONFIDENTIAL 10951 EXECUTIVE STAFF ASSISTANT TO CITY COUNCIL (U) 550 $7,469.79 $9,080.52 MONTHLY MANAGEMENT 00083 EXTRA RELIEF HEAVY LABORER (PT) 361 $2,687.00 $3,266.00 MONTHLY NA 10939 FACILITIES & FLEET MAINTENANCE DIVISION MANAGER (U) 591 $9,165.01 $11,140.78 MONTHLY MANAGEMENT 30623 FACILITIES MAINTENANCE MECHANIC 420 $3,996.70 $4,857.89 MONTHLY GENERAL 20092 FACILITIES MAINTENANCE SUPERVISOR 515 $6,414.06 $7,796.09 MONTHLY MIDDLE MANAGEMENT 10512 FINANCIAL ANALYST 532 $6,828.53 $8,300.61 MONTHLY MANAGEMENT 30506 FLEET PARTS STOREKEEPER 398 $3,581.07 $4,353.59 MONTHLY GENERAL 30944 FLEET PARTS TECHNICIAN 438 $4,372.43 $5,314.53 MONTHLY GENERAL 00259 FOOD SERVICE PROGRAM SPECIALIST (PT) 361 $2,687.00 $3,266.00 MONTHLY NA 20060 FOOD SERVICE SUPERVISOR 478 $5,333.23 $6,482.71 MONTHLY MIDDLE MANAGEMENT 30165 FORENSICS SPECIALIST I (FLEX) 448 $4,596.32 $5,586.08 MONTHLY GENERAL 30166 FORENSICS SPECIALIST II 478 $5,337.81 $6,488.27 MONTHLY GENERAL 20160 FORENSICS SUPERVISOR 543 $7,375.28 $8,964.40 MONTHLY MIDDLE MANAGEMENT 20490 FORESTRY SUPERVISOR 542 $7,338.73 $8,920.10 MONTHLY MIDDLE MANAGEMENT 10624 GIS ADMINISTRATOR 580 $8,676.49 $10,546.10 MONTHLY CONFIDENTIAL 10623 GIS ANALYST 483 $5,347.79 $6,500.32 MONTHLY CONFIDENTIAL 10730 GRANT DIVISION MANAGER (U) 601 $9,634.04 $11,710.55 MONTHLY MANAGEMENT 10778 GRANT WRITER 506 $5,998.80 $7,291.06 MONTHLY CONFIDENTIAL 30133 GRANTS ANALYST 476 $5,284.61 $6,423.99 MONTHLY GENERAL 30136 GRANTS ASSISTANT 390 $3,441.42 $4,182.91 MONTHLY GENERAL 20100 GRANTS MANAGER (U) 506 $6,132.78 $7,453.90 MONTHLY MIDDLE MANAGEMENT 30098 GROUNDWORKER ARBORIST 392 $3,475.78 $4,225.02 MONTHLY GENERAL 30516 HAZMAT TECHNICIAN 452 $4,688.31 $5,699.13 MONTHLY GENERAL 10700 HOMELESS SERVICES COORDINATOR 556 $7,697.27 $9,355.66 MONTHLY MANAGEMENT 10121 HOUSING COMPLIANCE SPECIALIST 500 $5,821.15 $7,075.51 MONTHLY MANAGEMENT 10129 HOUSING DIVISION MANAGER (U) 601 $9,634.04 $11,710.55 MONTHLY MANAGEMENT 10657 HUMAN RESOURCES ANALYST 518 $6,368.17 $7,740.59 MONTHLY CONFIDENTIAL 10683 HUMAN RESOURCES ANALYST I 500 $5,821.15 $7,075.51 MONTHLY CONFIDENTIAL 10684 HUMAN RESOURCES ANALYST II 518 $6,368.17 $7,740.59 MONTHLY CONFIDENTIAL 10682 HUMAN RESOURCES ANALYST TRAINEE 476 $5,164.73 $6,278.27 MONTHLY CONFIDENTIAL 10672 HUMAN RESOURCES DIVISION MANAGER (U) 590 $9,119.52 $11,085.54 MONTHLY MANAGEMENT 10673 HUMAN RESOURCES GENERALIST 490 $5,538.44 $6,732.13 MONTHLY CONFIDENTIAL 30207 HUMAN RESOURCES TECHNICIAN 418 $3,956.80 $4,810.23 MONTHLY GENERAL 30101 HVAC MECHANIC 460 $4,878.95 $5,930.77 MONTHLY GENERAL 10627 INFORMATION TECHNOLOGY ANALYST I (FLEX) 498 $5,763.74 $7,006.18 MONTHLY CONFIDENTIAL 10626 INFORMATION TECHNOLOGY ANALYST II 520 $6,432.08 $7,818.59 MONTHLY CONFIDENTIAL SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 4 of 8
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ADOPTED 09/06/23
EFFECTIVE 09/06/23
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP HOURLY/
MONTHLY UNIT
10637 INFORMATION TECHNOLOGY MANAGER 599 $9,538.72 $11,593.56 MONTHLY MANAGEMENT 10631 INFORMATION TECHNOLOGY OPERATIONS SUPERVISOR 530 $6,761.38 $8,218.29 MONTHLY CONFIDENTIAL 10388 INFORMATION TECHNOLOGY TECHNICIAN I (FLEX) 430 $4,106.44 $4,990.33 MONTHLY CONFIDENTIAL 30638 LANDSCAPE & IRRIGATION INSPECTOR I (FLEX) 447 $4,573.05 $5,558.37 MONTHLY GENERAL 30639 LANDSCAPE & IRRIGATION INSPECTOR II 467 $5,052.96 $6,141.36 MONTHLY GENERAL 00308 LAW ENFORCEMENT TRAINEE NA $34.77 $34.77 HOURLY NA 30113 LEAD ANIMAL CONTROL OFFICER 437 $4,350.27 $5,287.93 MONTHLY GENERAL 30080 LEAD BUILDING INSPECTOR 526 $6,780.88 $8,242.79 MONTHLY GENERAL 30463 LEAD CODE ENFORCEMENT OFFICER 498 $5,897.52 $7,168.80 MONTHLY GENERAL 30311 LEAD CUSTODIAN 397 $3,563.34 $4,331.43 MONTHLY GENERAL 30932 LEAD EQUIPMENT MECHANIC 470 $5,128.33 $6,234.46 MONTHLY GENERAL 20170 LEAD FORENSICS SPECIALIST 516 $6,446.17 $7,834.85 MONTHLY MIDDLE MANAGEMENT 30490 LEAD MAINTENANCE WORKER 452 $4,688.31 $5,699.13 MONTHLY GENERAL 30593 LEAD PARKS CONSTRUCTION AND MAINTENANCE WORKER 471 $5,154.93 $6,265.49 MONTHLY GENERAL 10319 LEGAL ADMINISTRATIVE ASSISTANT (U) 497 $5,734.50 $6,970.44 MONTHLY CONFIDENTIAL 30335 LIBRARIAN I (FLEX) 450 $4,641.76 $5,642.60 MONTHLY GENERAL 30366 LIBRARIAN II 479 $5,364.41 $6,520.41 MONTHLY GENERAL 30341 LIBRARY ASSISTANT 370 $3,114.46 $3,786.12 MONTHLY GENERAL 20388 LIBRARY CIRCULATION SUPERVISOR 460 $4,874.77 $5,925.69 MONTHLY MIDDLE MANAGEMENT 10401 LIBRARY DIRECTOR (U) 635 $11,414.83 $13,873.71 MONTHLY MANAGEMENT 20385 LIBRARY NETWORK ADMINISTRATOR 492 $5,718.61 $6,951.14 MONTHLY MIDDLE MANAGEMENT 30380 LIBRARY NETWORK TECHNICIAN 422 $4,036.60 $4,906.66 MONTHLY GENERAL 00361 LIBRARY PAGE (PT) 361 $2,687.00 $3,266.00 MONTHLY NA 20387 LIBRARY PROGRAM COORDINATOR 450 $4,637.79 $5,637.77 MONTHLY MIDDLE MANAGEMENT 30391 LIBRARY TECHNICIAN I (FLEX) 380 $3,274.06 $3,980.08 MONTHLY GENERAL 30392 LIBRARY TECHNICIAN II 402 $3,653.12 $4,441.15 MONTHLY GENERAL 00133 LIFEGUARD (PT) 370 $2,810.00 $3,416.00 MONTHLY NA 30215 LITERACY PROGRAM COORDINATOR 470 $5,128.33 $6,234.46 MONTHLY GENERAL 20484 MAINTENANCE SUPERVISOR 522 $6,642.18 $8,072.94 MONTHLY MIDDLE MANAGEMENT 30486 MAINTENANCE WORKER I (FLEX) 393 $3,493.51 $4,246.08 MONTHLY GENERAL 30487 MAINTENANCE WORKER II 415 $3,898.06 $4,738.19 MONTHLY GENERAL 30488 MAINTENANCE WORKER III 425 $4,097.56 $4,980.92 MONTHLY GENERAL 10530 MANAGEMENT ANALYST I (FLEX) 476 $5,164.73 $6,278.27 MONTHLY MANAGEMENT 10531 MANAGEMENT ANALYST I (FLEX)(U) 476 $5,164.73 $6,278.27 MONTHLY MANAGEMENT 10532 MANAGEMENT ANALYST II 506 $5,998.80 $7,291.06 MONTHLY MANAGEMENT 10533 MANAGEMENT ANALYST II (U) 506 $5,998.80 $7,291.06 MONTHLY MANAGEMENT 10516 MARKETING & MEDIA SPECIALIST 476 $5,164.73 $6,278.27 MONTHLY CONFIDENTIAL 30515 MARKETING & PUBLIC RELATIONS SPECIALIST 461 $4,903.33 $5,960.70 MONTHLY GENERAL 00502 MAYOR NA $4,166.67 $4,166.67 MONTHLY NA
10503 MAYOR'S CHIEF OF STAFF (U) 580 $8,676.49 $10,546.10 MONTHLY MANAGEMENT 10190 NEIGHBORHOOD & CUSTOMER SERVICE MANAGER (U) 561 $7,891.16 $9,591.80 MONTHLY MANAGEMENT 10528 NETWORK SYSTEMS ADMINISTRATOR 566 $8,090.47 $9,834.43 MONTHLY CONFIDENTIAL 30425 NPDES INSPECTOR I (FLEX) 461 $4,903.33 $5,960.70 MONTHLY GENERAL 30426 NPDES INSPECTOR II 485 $5,527.33 $6,718.81 MONTHLY GENERAL 20555 NPDES MANAGER 525 $6,741.85 $8,194.75 MONTHLY MIDDLE MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 5 of 8
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ADOPTED 09/06/23
EFFECTIVE 09/06/23
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP HOURLY/
MONTHLY UNIT
10868 OPERATIONS & MAINTENANCE DIVISION MANAGER (U) 591 $9,165.01 $11,140.78 MONTHLY MANAGEMENT 30581 PARKING ENFORCEMENT OFFICER 380 $3,274.06 $3,980.08 MONTHLY GENERAL 20603 PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR 534 $7,050.81 $8,571.27 MONTHLY MIDDLE MANAGEMENT 30611 PARKS MAINTENANCE WORKER I (FLEX) 390 $3,441.42 $4,182.91 MONTHLY GENERAL 30622 PARKS MAINTENANCE WORKER II 421 $4,016.65 $4,882.27 MONTHLY GENERAL 10064 PAYROLL SUPERVISOR 521 $6,464.58 $7,857.58 MONTHLY MANAGEMENT 10068 PAYROLL TECHNICIAN 430 $4,106.44 $4,990.33 MONTHLY CONFIDENTIAL 20400 PERMIT SERVICES SUPERVISOR 494 $5,776.19 $7,020.91 MONTHLY MIDDLE MANAGEMENT 30691 PLANNING AIDE 456 $4,782.52 $5,813.29 MONTHLY GENERAL 10713 PLANNING DIVISION MANAGER (U) 594 $9,303.66 $11,308.68 MONTHLY MANAGEMENT 30680 PLANS EXAMINER I (FLEX) 499 $5,927.45 $7,204.26 MONTHLY GENERAL 30682 PLANS EXAMINER II 534 $7,056.85 $8,578.62 MONTHLY GENERAL 30481 PLUMBER 450 $4,641.76 $5,642.60 MONTHLY GENERAL
00192 POLICE CADET (PT) NA $15.50 $17.00 HOURLY NA
00520 POLICE CALL TAKER (PT) 396 $19.85 $24.14 HOURLY NA 50283 POLICE CAPTAIN P5 $19,412.09 $19,412.09 MONTHLY POLICE MANAGEMENT 20775 POLICE DISPATCH MANAGER 528 $6,843.73 $8,318.78 MONTHLY MIDDLE MANAGEMENT 20772 POLICE DISPATCH SUPERVISOR 498 $5,892.47 $7,162.66 MONTHLY MIDDLE MANAGEMENT 32767 POLICE DISPATCHER I (FLEX) 425 $4,146.40 $5,040.29 MONTHLY POLICE DISPATCHER 32768 POLICE DISPATCHER II 456 $4,839.53 $5,882.58 MONTHLY POLICE DISPATCHER 30848 POLICE FLEET MAINTENANCE EXPEDITOR 398 $3,581.07 $4,353.59 MONTHLY GENERAL 50402 POLICE LIEUTENANT P4 $16,494.29 $16,494.29 MONTHLY POLICE MANAGEMENT 40751 POLICE OFFICER P1 $7,532.62 $10,059.74 MONTHLY POLICE SAFETY 30218 POLICE PERSONNEL AND TRAINING TECHNICIAN 430 $4,201.75 $5,106.16 MONTHLY GENERAL 20765 POLICE RECORDS SUPERVISOR 464 $4,973.33 $6,045.29 MONTHLY MIDDLE MANAGEMENT 30219 POLICE RECORDS TECHNICIAN I (FLEX) 369 $3,098.94 $3,767.28 MONTHLY GENERAL 30220 POLICE RECORDS TECHNICIAN II 390 $3,441.42 $4,182.91 MONTHLY GENERAL 40332 POLICE SERGEANT P3 $9,898.35 $12,962.73 MONTHLY POLICE SAFETY 30585 POOL MAINTENANCE COORDINATOR 421 $4,016.65 $4,882.27 MONTHLY GENERAL 00331 POOL MANAGER I (PT) 421 $3,624.00 $4,405.00 MONTHLY NA 00333 POOL MANAGER II (PT) 443 $4,044.00 $4,916.00 MONTHLY NA 20019 PRINCIPAL ACCOUNTANT 550 $7,636.62 $9,283.33 MONTHLY MIDDLE MANAGEMENT 10182 PRINCIPAL CIVIL ENGINEER 600 $9,586.38 $11,652.05 MONTHLY MANAGEMENT 10243 PRINCIPAL PLANNER 580 $8,676.49 $10,546.10 MONTHLY MANAGEMENT 20864 PROCUREMENT CONTRACT SPECIALIST 520 $6,575.74 $7,993.21 MONTHLY MIDDLE MANAGEMENT 00360 PROGRAMMING/TRAFFIC ASSISTANT 400 $3,264.00 $3,967.00 MONTHLY NA 10132 PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U) 550 $7,469.79 $9,080.52 MONTHLY MANAGEMENT 10639 PROJECT MANAGER/COMMUNITY SERVICES 550 $7,469.79 $9,080.52 MONTHLY MANAGEMENT 20949 PROPERTY AND EVIDENCE SUPERVISOR 494 $5,776.19 $7,020.91 MONTHLY MIDDLE MANAGEMENT 30947 PROPERTY AND EVIDENCE TECHNICIAN I (FLEX) 411 $3,821.59 $4,645.09 MONTHLY GENERAL 30948 PROPERTY AND EVIDENCE TECHNICIAN II 472 $5,180.42 $6,296.53 MONTHLY GENERAL 10212 PUBLIC INFORMATION OFFICER (U) 593 $9,257.08 $11,252.35 MONTHLY MANAGEMENT 30580 PUBLIC WORKS INSPECTOR I (FLEX) 476 $5,284.61 $6,423.99 MONTHLY GENERAL 30583 PUBLIC WORKS INSPECTOR II 499 $5,927.45 $7,204.26 MONTHLY GENERAL 30584 PUBLIC WORKS INSPECTOR III 529 $6,883.95 $8,366.92 MONTHLY GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 6 of 8
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CLASS
CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP HOURLY/
MONTHLY UNIT
10900 PUBLIC WORKS SAFETY AND TRAINING OFFICER 510 $6,119.03 $7,438.38 MONTHLY MANAGEMENT 10863 PURCHASING DIVISION MANAGER (U) 598 $9,491.06 $11,536.15 MONTHLY MANAGEMENT 30770 RANGEMASTER 465 $5,001.98 $6,080.40 MONTHLY GENERAL 10440 REAL PROPERTY MANAGER 580 $8,676.49 $10,546.10 MONTHLY MANAGEMENT 10259 RECORDS MANAGEMENT SPECIALIST (U) 460 $4,768.28 $5,796.24 MONTHLY CONFIDENTIAL 00222 RECREATION AIDE (PT) 361 $2,687.00 $3,266.00 MONTHLY NA 00244 RECREATION LEADER (PT) 368 $2,782.00 $3,382.00 MONTHLY NA 00230 RECREATION SPECIALIST (PT) 393 $3,152.00 $3,831.00 MONTHLY NA 00256 RECREATION SUPERVISOR (AQUATICS) (PT) 481 $4,888.00 $5,942.00 MONTHLY NA 30825 RECREATION THERAPIST 468 $5,077.34 $6,172.39 MONTHLY GENERAL 30115 REGISTERED VETERINARY TECHNICIAN 450 $4,641.76 $5,642.60 MONTHLY GENERAL 10690 RISK DIVISION MANAGER (U) 590 $9,119.52 $11,085.54 MONTHLY MANAGEMENT 10538 SAFETY OFFICER 530 $6,761.38 $8,218.29 MONTHLY CONFIDENTIAL 00266 SECURITY OFFICER I (PT) 371 $2,824.00 $3,433.00 MONTHLY NA 00265 SECURITY OFFICER II (PT) 395 $3,183.00 $3,869.00 MONTHLY NA 30708 SENIOR ADMINISTRATIVE ASSISTANT 420 $3,996.70 $4,857.89 MONTHLY GENERAL 30229 SENIOR ANIMAL SERVICES REPRESENTATIVE 390 $3,441.42 $4,182.91 MONTHLY GENERAL 30410 SENIOR ARBORIST 502 $6,016.12 $7,312.88 MONTHLY GENERAL 10154 SENIOR CIVIL ENGINEER 581 $8,719.81 $10,598.09 MONTHLY MANAGEMENT 30228 SENIOR CUSTOMER SERVICE REPRESENTATIVE 435 $4,307.04 $5,235.84 MONTHLY GENERAL 30230 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) 445 $4,527.60 $5,502.95 MONTHLY GENERAL 30232 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)(U) 445 $4,527.60 $5,502.95 MONTHLY GENERAL 10222 SENIOR CUSTOMER SERVICE REPRESENTATIVE (U) 435 $4,209.34 $5,117.07 MONTHLY CONFIDENTIAL 10632 SENIOR GIS ANALYST 530 $6,761.38 $8,218.29 MONTHLY CONFIDENTIAL 10656 SENIOR HUMAN RESOURCES TECHNICIAN 461 $4,792.11 $5,825.49 MONTHLY CONFIDENTIAL 10689 SUPERVISING HUMAN RESOURCES ANALYST 559 $7,813.17 $9,496.47 MONTHLY CONFIDENTIAL 10622 SENIOR INFORMATION TECHNOLOGY ANALYST 553 $7,582.45 $9,217.01 MONTHLY CONFIDENTIAL 10385 SENIOR INFORMATION TECHNOLOGY TECHNICIAN 488 $5,483.19 $6,664.97 MONTHLY CONFIDENTIAL 00283 SENIOR LIFEGUARD (PT) 396 $3,199.00 $3,889.00 MONTHLY NA 10513 SENIOR MANAGEMENT ANALYST 556 $7,697.27 $9,355.66 MONTHLY MANAGEMENT 10514 SENIOR MANAGEMENT ANALYST (U) 556 $7,697.27 $9,355.66 MONTHLY MANAGEMENT 10529 SENIOR NETWORK SYSTEMS ADMINISTRATOR 592 $9,211.59 $11,196.02 MONTHLY CONFIDENTIAL 30710 SENIOR OFFICE ASSISTANT 375 $3,193.15 $3,881.44 MONTHLY GENERAL 10223 SENIOR OFFICE ASSISTANT (U) 375 $3,120.72 $3,793.39 MONTHLY CONFIDENTIAL 20243 SENIOR PLANNER 549 $7,598.97 $9,236.82 MONTHLY MIDDLE MANAGEMENT 00294 SENIOR RECREATION LEADER (PT) 375 $2,881.00 $3,502.00 MONTHLY NA 10300 SHELTER VETERINARIAN 644 $11,938.02 $14,511.72 MONTHLY MANAGEMENT 30978 SOLID WASTE FIELD INSPECTOR 450 $4,641.76 $5,642.60 MONTHLY GENERAL 20995 STATION MANAGER 490 $5,662.13 $6,882.49 MONTHLY MIDDLE MANAGEMENT 00019 STUDENT INTERN (PT) 361 $2,687.00 $3,266.00 MONTHLY NA 20336 TECHNOLOGY LIBRARIAN 502 $6,010.96 $7,306.62 MONTHLY MIDDLE MANAGEMENT 10443 TRAFFIC ENGINEER 573 $8,378.60 $10,184.31 MONTHLY MANAGEMENT 20437 TRAFFIC ENGINEERING ASSOCIATE 532 $6,981.04 $8,486.00 MONTHLY MIDDLE MANAGEMENT 20438 TRAFFIC OPERATIONS AND SYSTEMS ANALYST 552 $7,714.14 $9,376.35 MONTHLY MIDDLE MANAGEMENT 20370 TRAFFIC SIGNAL AND LIGHTING SUPERVISOR 533 $7,016.48 $8,528.08 MONTHLY MIDDLE MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 7 of 8
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ADOPTED 09/06/23
EFFECTIVE 09/06/23
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP HOURLY/
MONTHLY UNIT
30447 TRAFFIC SIGNAL TECHNICIAN I (FLEX) 450 $4,641.76 $5,642.60 MONTHLY GENERAL 30448 TRAFFIC SIGNAL TECHNICIAN II 484 $5,499.62 $6,684.45 MONTHLY GENERAL 30449 TRAFFIC SIGNAL TECHNICIAN III 513 $6,355.27 $7,725.19 MONTHLY GENERAL 30667 TREASURY ASSISTANT 399 $3,599.92 $4,374.65 MONTHLY GENERAL 10740 TREASURY MANAGER 598 $9,491.06 $11,536.15 MONTHLY MANAGEMENT 20666 TREASURY SUPERVISOR 502 $6,010.96 $7,306.62 MONTHLY MIDDLE MANAGEMENT 30620 VOLUNTEER COORDINATOR (GRANT FUNDED) 358 $2,933.80 $3,565.56 MONTHLY GENERAL 30000 WEED ABATEMENT COORDINATOR 462 $4,927.72 $5,990.62 MONTHLY GENERAL REVISION ADOPTED BY MCC 6/19/17 REVISION ADOPTED BY MCC 7/20/22 REVISION ADOPTED BY MCC 6/20/18 REVISION ADOPTED BY MCC 8/17/22 REVISION ADOPTED BY MCC 06/19/19 REVISION ADOPTED BY MCC 9/21/22 REVISION ADOPTED BY MCC 8/21/19 REVISION ADOPTED BY MCC 10/19/22 REVISION ADOPTED BY MCC 1/15/20 REVISION ADOPTED BY MCC 11/2/22 REVISION ADOPTED BY MCC 6/24/20 REVISION ADOPTED BY MCC 11/16/22 REVISION ADOPTED BY MCC 9/2/20 REVISION ADOPTED BY MCC 12/7/22 REVISION ADOPTED BY MCC 12/16/20 REVISION ADOPTED BY MCC 1/18/23 REVISION ADOPTED BY MCC 2/17/21 REVISION ADOPTED BY MCC 8/16/23 REVISION ADOPTED BY MCC 7/21/21
REVISION ADOPTED BY MCC 6/16/21
REVISION ADOPTED BY MCC 7/21/21
REVISION ADOPTED BY MCC 8/4/21
REVISION ADOPTED BY MCC 9/15/21
REVISION ADOPTED BY MCC 10/20/21
REVISION ADOPTED BY MCC 11/3/21
REVISION ADOPTED BY MCC 2/2/22
REVISION ADOPTED BY MCC 2/16/22
REVISION ADOPTED BY MCC 3/16/22
REVISION ADOPTED BY MCC 4/6/22
REVISION ADOPTED BY MCC 5/18/22
REVISION ADOPTED BY MCC 6/15/22
(U) DENOTES UNCLASSIFIED
* Part-time, seasonal, and temporary filled positions shall be paid the hourly equivalent of the salary listed in the 2023/2024 Salary Schedule and shall be provided only those benefits mandated by applicable Federal, State and/or local laws, SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 8 of 8
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CITY OF SAN BERNARDINO POLICE DEPARTMENT
First 6 Following Third Fourth Fifth & Sub-
JOB Months 18 Months Year Year sequent Yrs
TITLE Service Service Service Service Service
Monthly Pay Rates Effective July 1, 2023:
Police Officer $7,532.62 $8,164.13 $8,796.73 $9,428.23 $10,059.74 P-1
Detective/Corporal $8,746.90 $9,428.23 $10,109.56 $10,789.83 $11,471.16 P-2
Sergeant $9,898.35 $10,664.17 $11,430.00 $12,196.91 $12,962.73 P-3
Lieutenant -- -- -- -- $16,494.29
P-4
Captain -- -- -- -- $19,412.09
P-5
Assistant Chief -- -- -- -- $23,765.30
P-6
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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; Ed Erjavek, Library Director
Department: Library
Subject: Library Literacy Program Grant Funding (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-148 approving:
1. Accepting grant funding in the amounts of $99,287 from the California Department of Education; $60,719 for Adult Literacy Services, $20,615 for Family Literacy Services and $43,642 for English as a Second Language from the California State Library for Literacy Program services.
2. Authorizing the Agency Director of Administrative Services to amend the FY 2023/24 budget for the Literacy Program, which includes: appropriating $43,642 in both revenues and expenditures for the English as a Second Language Program and adjusting the grant fund budgets for the California Department of Education, Adult Literacy Services, and Family Literacy Services grants to account for any differences in the estimated grant funding versus the actual grant funds received.
Executive Summary
This is the acceptance of grant funding after receipt of grant award letters and authorizing the Agency Director of Administrative Services to appropriate revenue and expenditures for English as a Second Language program and adjust budgets from the California Department of Education and Adult Literacy Services and Family Literacy Services from the California State Library for Literacy Program services in the FY 2023/24 Adopted Budget.
Background
The San Bernardino Public Library (SBPL) has a Literacy Department at the Feldheym Central Library, in the Jack L. Hill Lifelong Learning Center, that is almost entirely grant funded. The Literacy Department budget, adopted by the Mayor and City Council, is a projection as the actual amounts from the California Department of Education and the
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California State Library for California Library Literacy Services is not known until the fall of each year. The Literacy Program applies for these grants on annual basis. The California Department of Education funding is from the Workforce Innovation and Opportunity Act, Title II: Adult Education and Family Literacy Act. The Literacy Program is a partner of the San Bernardino County Workforce Development Board.
Discussion
Various services to help City residents improve their lives, besides basic literacy services, are also offered through the Jack L. Hill Lifelong Learning Center including citizenship classes, free computer classes, a Makerspace area where people can build and create items and homework assistance for students in kindergarten through eighth grade. We are offering after-school homework assistance both in-person at our libraries and via Zoom with a combination of Literacy Department staff and work study students from CSUSB.
The use of the English as a Second Language (ESL) funds will also help the Literacy Program expand its hours of service, as prior it was open to the public 20 hours a week due to limited staffing capability. Plans for the ESL program include expanding marketing and outreach efforts, contracting an ESL teacher from the local Adult Education Consortium, as well as creating bilingual options for current class offerings.
Using extra ESL funding we plan to contract dedicated CSUSB Federal Work Study students who can attend Homework Help and act as a liaison to encourage the adults of attending students to become lifelong learners.
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, with customer service.
Fiscal Impact
There is no fiscal impact to the General Fund in FY 2023/24 with the acceptance of this grant as there are no fund match requirements.
Click or tap here to enter text.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-148 approving:
1. Accepting grant funding in the amounts of $99,287 from the California Department of Education; $60,719 for Adult Literacy Services, $20,615 for Family Literacy Services and $43,642 for English as a Second Language from the California State Library for Literacy Program services.
2. Authorizing the Agency Director of Administrative Services to amend the FY 2023/24 budget for the Literacy Program, which includes: appropriating $43,642 in both revenues and expenditures for the English as a Second Language Program and adjusting the grant fund budgets for the California Department of
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Education, Adult Literacy Services, and Family Literacy Services grants to account for any differences in the estimated grant funding versus the actual grant funds received.
Attachments
Attachment 1 - Resolution 2023-148
Attachment 2 - California Department of Education Grant Award Letter Attachment 3 - CLLS Adult Literacy and Family Literacy Grant Award Letter Attachment 4 - CLLS English as a Second Language Grant Award Letter Ward:
All Wards
Synopsis of Previous Council Actions:
August 16, 2023 Mayor and City Council of the City of San Bernardino, California, approved the following: A technical correction of the grant funding that was accepted on November 2, 2022 (Resolution No. 2022- 231). Increasing the Library Department authorized staffing by two full-time positions one Assistant Literacy Program
Coordinator and one Library Assistant for FY 2023/24.
November 2, 2022 Mayor and City Council adopted Resolution No. 2022-231 of the Mayor and City Council of the City of San Bernardino, California:
1. Accepting grant funding in the amounts of $141,840 from the California Department of Education; $67,465 for Adult Literacy Services, $22,906 for Family Literacy Services and $53,642 for English as a Second Language from the California State Library for Literacy Program services. 2. Authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget for the Literacy Program including appropriating $53,642 in both revenues and expenditures for the new English as a Second Language Program and adjusting the Grant Fund budget to account for differences in estimated grant funding and actual grant funds received.
March 2, 2022 Mayor and City Council adopted Resolution 2022-45 of the Mayor and City Council of the City of San Bernardino, California authorizing the acceptance of grant funding in the amount of $87,752 from the California State Library's California Library Literacy Services (CLLS) and authorizing the Director of Finance to amend the FY 2021/22 adopted budget for revenue and expenditures to appropriate the funding.
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Dec 1, 2021 Mayor and City Council of the City of San Bernardino, California, accepted the Fiscal Year 2021/22 First Quarter Report and adopted Resolution No. 2021-289, authorizing an amendment to the FY 2021/22 General Fund Operating Budget in the amount of $414,500, which included authorizing acceptance of grant funding in the amount of $128,828 from the California Department of Education.
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Resolution No. 2023-148
Resolution 2023-148
October 4, 2023
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RESOLUTION NO. 2023-148
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ACCEPTING GRANT FUNDING IN THE AMOUNTS OF
$99,287 FROM THE CALIFORNIA DEPARTMENT OF
EDUCATON; $60,719 FOR ADULT LITERACY SERVICES,
$20,615 FOR FAMILY LITERACY SERVICES AND $43,642
FOR ENGLISH AS A SECOND LANGUAGE FROM THE
CALIFORNIA STATE LIBRARY FOR LITERACY
PROGRAM SERVICES AND AUTHORIZING THE
AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES
TO AMEND THE FY 2023/24 ADOPTED BUDGET FOR THE
LITERACY PROGRAM INCLUDING APPROPRIATING
$43,642 IN BOTH REVENUES AND EXPENDITURES FOR
THE ENGLISH AS A SECOND LANGUAGE PROGRAM
AND ADJUSTING THE GRANT FUND BUDGETS FOR THE
CALIFORNIA DEPARTMENT OF EDUCATION, ADULT
LITERACY SERVICES AND FAMILY LITERACY
SERVICES TO ACCOUNT FOR DIFFERENCES IN
ESTIMATED GRANT FUNDING AND ACTUAL GRANT
FUNDING RECEIVED.
WHEREAS, the San Bernardino Public Library received grant funding in the amounts of $98,287 from the California Department of Education; $60,719 for Adult Literacy Services, $20,615 for Family Literacy Services and $43,642 for English as a Second Language from the California State Library for Literacy Program services; and WHEREAS, the Library’s Literacy Program will utilize this funding for its programs 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 Literacy Program including appropriating $43,642 in both revenues and expenditures for the English as a Second Language Program and adjusting the grant fund budgets for the California Department of Education, Adult Literacy Services, and Family Literacy Services grants to account for any differences in the estimated grant funding versus the actual grant funds received.
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Resolution No. 2023-148
Resolution 2023-148
October 4, 2023
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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.
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 2023-148
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. 2023-148, adopted at a regular meeting held on the 4th day of October 2022 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 ____________ 2022.
Genoveva Rocha, CMC, City Clerk
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Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
September 7, 2023
Ed Erjavek
San Bernardino Public Library
555 West 6th Street
San Bernardino, CA 92410
Dear Mr. Erjavek,
We’re pleased to provide funds to support your California Library Literacy Services program and the important work that you, your staff, and your volunteers do in your community.
The state budget continues California Library Literacy Services funding at $4.82 million for adult literacy services and $2.5 million for family literacy services.
Your total award amounts for the 2023-2024 fiscal year beginning July 1, 2023, are:
x Adult Literacy Services: $60,719
x Family Literacy Services: $20,615
x Total Award: $81,334
Your award will be claimed in two stages. The claim form included in this award packet will allow you to request the first 90% of your Adult Literacy Services Award and 100% of your Family Literacy Services Award:
x 90% of the Adult Literacy Award: $54,647
x 100% of the Family Literacy Award: $20,615
x Total Initial Award Amount: $75,262
Information about claiming the remainder of your award is included in the payment schedule at the end of your award packet.
Your funds must be encumbered by June 30, 2024, and fully expended, in accordance with your approved budget on file with the State Library, by December 31, 2024. Encumbered funds are those that have been deposited in the grantee’s accounting system and for which a budget has been provided to and approved by the State Library.
DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6
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Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
To ensure program expenditures are consistent with the California Library Literacy Services allowable expenses, please review the California Library Literacy Services Allowable and Unallowable Expenses guidelines. If you have any questions about expenses or expending your award funds, please contact Allyson Jeffredo at [email protected].
We strongly encourage your program staff to develop and maintain community partners to strengthen your program, attend regular regional library literacy network meetings, participate in your local Adult Education Consortium/a, and participate in library literacy training opportunities offered by the regional networks and the State Library to meet the CLLS Mission, Values, and Program Essentials. Additional California Library Literacy Services resources can be found on the California Library Literacy Services website.
The payment process begins when we receive your completed and signed budget modification form (if needed), claim form, certification form, and State Funded Grants Award Agreement and Certificate of Compliance (attached).
All forms should be completed and signed through DocuSign to be processed for payment.
Our library literacy staff are available to assist you throughout the year. Please contact your Advisor Beverly Schwartzberg,
[email protected], and your Grant Monitor Allyson Jeffredo, [email protected], with any questions.
Thank you for your willingness to do so much for those in your community. Best wishes for a successful year.
Respectfully yours,
Greg Lucas
California State Librarian
Cc: Beverly Schwartzberg, [email protected] Allyson Jeffredo, [email protected]
Fiscal Office, [email protected]
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Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
Enc: Re: CLLS23-71: Claim form, certification form, and State Funded Grants Award Agreement and Certificate of Compliance
DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6
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San Bernardino Public Library
THE BASICS – YOUR GRANT AWARD
The following provides basic information about your grant and managing your grant.
Award #: CLLS23-71
Library: San Bernardino Public Library
Total Award Amount: $81,334
APPROVED ALS BUDGET
Salary and Benefits $38,219
Contract Staff $2,500
Operations $8,000
Library Literacy Materials $10,000
Small Equipment $2,000
Equipment ($5,000 or more per unit) $ 0
Subtotal $60,719
Indirect $ 0
Grant Total $60,719
APPROVED FLS BUDGET
Salary and Benefits $16,000
Contract Staff $1,500
Operations $ 0
Library Literacy Materials $3,115
Small Equipment $ 0
Equipment ($5,000 or more per unit) $ 0
Subtotal $20,615
Indirect $ 0
Grant Total $20,615
Start Date: Upon execution
End Date: June 30, 2024
Please understand that it can take between eight to ten weeks following the receipt of an error free claim form before grant funds are delivered. If you have not received your payment after eight weeks, please contact your grant monitor.
CONTACT
We want your project to be successful. Please work with the program staff listed below to implement your project:
Literacy Analyst: Allyson Jeffredo
Phone Number: (916) 603-6709
Email Address: [email protected]
Library Programs Consultant: Beverly Schwartzberg
Phone Number: (916) 701-6880
Email Address: [email protected]
DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6
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CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that the 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.
The claims the indicated allowance for the purposes of carrying out the functions stated in its CLLS application and in Sections 18880-18883 of the California Education Code.
555 West 6th Street, San Bernardino, CA 92410
SIGNED DATE
Signature - Authorized representative
Typed/Printed Name and Title of Authorized Representative Email address of authorized representative
DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6 9/11/2023
[email protected]
Library Director
Edward R. Erjavek
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San Bernardino Public Library
PROJECT INFORMATION:
Invoice #: CLLS23-71
Project Title: California Library Literacy Services
Grantee: San Bernardino Public Library
Funding Start Date: Upon execution
Term Completion: June 30, 2024
DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6
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Total Award: $81,334
PAYMENT SCHEDULE:
Libraries receive 90% of their Adult Literacy Services award and 100% of their Family Literacy Services award upon receipt of the award letter.
Libraries receive the final payment of their Adult Literacy Services award after successful completion of the CLLS Mid-Year Report form.
Note: Libraries have 18 months to spend their California Library Literacy Services award funds, from July 1, 2023, in which the funds are awarded until December 31 the following year.
Adult Literacy
Services
Family Literacy
Services
Total Allocation
Initial Payment $54,647 $20,615 $75,262
Final Payment $6,072 $6,072
Total: $60,719 $20,615 $81,334
REPORTING:
Libraries will be required to submit a mid-year financial and narrative report and a final report. Reminder emails will be sent out beginning six weeks before the required report is due.
All required reporting materials will be located on the California State Library’s website. The reporting schedule is detailed below.
Mid-year Financial and Narrative
Report
Due January 31, 2024
Final Report Due September 30, 2024
Note: A budget modification form will be required for all budget changes regardless of amount. Modification forms may be submitted throughout the year but no later than May 31st.
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STATE FUNDED GRANTS
AWARD AGREEMENT AND
CERTIFICATE OF COMPLIANCE
DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6
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California Library Literacy Services
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TABLE OF CONTENTS
PROJECT SUMMARY
2 PROCEDURES AND REQUIREMENTS
A.
Term of the Agreement 3
B.
Scope of Work
3 C.
Budget Detail
3 D.
Narrative and Financial Reports
4 E.
Claim Form and Payment
5 EXHIBIT A: TERMS AND CONDITIONS
7 EXHIBIT B: CERTIFICATION AND COMPLIANCE FORM
22 Certification 25
EXHIBIT C: STATE REIMBURSABLE TRAVEL EXPENSES
27 DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6
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PROJECT SUMMARY
AWARD AGREEMENT BETWEEN THE STATE LIBRARY and San Bernardino Public Library for the California Library Literacy Services project.
AWARD AGREEMENT NUMBER CLLS23-71
This Award Agreement (“Agreement”) is entered into on July 1, 2023, by and between the California State Library (“State Library”) and San Bernardino Public Library, (“Grantee”).
This Award Agreement pertains to Grantee’s State-funded California Library Literacy Services project.
The Library Development Services Bureau (“LDS”) of the State Library administers state and federal funds in the form of awards.
The Grantee was selected by the State Library to receive state grant funds in the amount of $81,334 through the process adopted by the State Library in administering such grants.
The State Library and the Grantee, for the consideration and under the conditions hereinafter set forth in the Grant Agreement, agree as follows:
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PROCEDURES and REQUIREMENTS
A. Term of the Agreement
The Grant term begins July 1, 2023, and ends June 30, 2024. The project’s final expenditure date is December 31, 2024. If completion of the project occurs prior to the end of the grant period, this will be the end date of the term of this agreement. Grant eligible program expenditures may begin no earlier than the start date. The project's final encumbrance period ends on June 30, 2024, and all eligible program costs must be expended by December 31, 2024.
B. Scope of Work
1. Grantee agrees to perform all activities specifically identified in the Grantee’s application and submitted to the State Library in response to the California Library Literacy Services project.
2. The following activities and deliverables to be performed by the Grantee include, but are not limited to the following:
• Maintain and keep records of expenditures related to the grant that are consistent with Generally Acceptable Accounting Practices (GAAP). • Make financial records available to the State Library upon request. • Work with the State Library staff to assure that funds are disbursed in compliance with the purpose of the grant.
• Prepare and submit required narrative and financial reports. • Procure equipment, and other supplies as needed for the project. • Issue contracts for services, personnel, and consultants as needed for the project.
• If applicable, make payments for services, including for hours worked and travel reimbursements, to consultants and contractors.
• Oversee the implementation of project activities.
C. Budget Detail
The State Library shall provide the Grantee funding for the expenses incurred in performing the Scope of Work and activities specified in the Grantee’s application. The Grantee shall request the distribution of grant funding consistent with its proposal and DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6
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the budget worksheet that was included with the application. Under no circumstances shall payments exceed the total grant amount identified in this Agreement.
D. Narrative and Financial Reports
1. The Grantee shall be responsible for submission of interim and final narrative and financial reports on the progress and activities of the project, to the California State Library, using the sample report documents provided by the California State Library.
2. All the reports must be current, include all required sections and documents, and must be approved by the Grant Monitor before any payment request can be processed. Failure to comply with the specified reporting requirements may be considered a breach of this Agreement and result in the termination of the Agreement or rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding. Any problems or delays must be reported immediately to the Grant Monitor. The financial reports shall reflect the expenditures made by the Grantee under the Agreement and may be incorporated into the same reporting structure as the narrative reports.
3. The reports shall be submitted by the following dates:
Reporting Period Report Due Date
July 1 - December 31 Mid-Year Report Due January 31, 2024 July 1 – June 30 Final Report Due September 30, 2024
4. Failure to submit timely reports with the appropriate documentation by the due date may result in rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding.
5. The Grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant, subject to possible audit for a minimum of five (5) years after final payment date or grant term end date, whichever is later. Please refer to Exhibit A, Terms and Conditions for more information.
E. Claim Form and Payment
1. The California State Library shall provide the Grantee payment as outlined in the payment schedule only if all requirements for claiming the funds as outline in this document have been met, and only for those activities and costs specified in the approved award application.
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2. The Grantee shall complete, sign, and submit Certification of Compliance form (Exhibit B) and the Financial Claim form (included in your award packet), to the California State Library within 14 days of receiving this award packet. These forms will be issued, signed, and submitted using the online signature and agreement platform, DocuSign, unless DocuSign is unallowable or inconsistent with practices and policies of the local jurisdiction. If the use of DocuSign is not acceptable to your organization, please contact your grant monitor regarding alternate options.
3. Any of the sums appearing under the categories in the approved budget may be adjusted with prior authorization from the California State Library Grant Monitor. This would be to increase the allotment with the understanding that there will be corresponding decreases in the other allotments so that the total amount paid by the California State Library to the Grantee under this Agreement shall not exceed the awarded amount, which shall be expended/encumbered during the grant period.
4. If the payment amount made by the California State Library exceeds the actual expenses incurred during the term of this Agreement, as reflected in the financial reports to be filed by the Grantee, the Grantee shall immediately refund the excess payment amount to the California State Library.
5. The Award payments will only be made to the Grantee. It is the Grantee’s responsibility to pay all contractors and subcontractors for purchased goods and services.
6. The Final Payment of 10% (if applicable) will be withheld and retained by the California State Library until all conditions agreed upon in this Agreement, including submission and grant monitor approval of the interim and final narrative and financial reports, have been satisfied.
7. Prompt Payment Clause
The California State Library will make payments to the Grantee in accordance with the Prompt Payment Clause under Government Code, section 927, et. seq.
The Grantee may typically expect payment within 45 days from the date a grant payment request is properly submitted and approved by the Grant Monitor.
8. Budget Contingency Clause
a. It is mutually agreed that if the Budget Act of the current fiscal year or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall no longer be in full force and effect. In this event, the California State Library shall have no liability to pay any funds whatsoever to the Grantee or to furnish any other considerations under this Agreement and the Grantee shall not be obligated to perform any provisions of this Agreement.
b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Program, the California State Library shall have the option to DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6
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either cancel this Agreement with no liability occurring to itself or offer an Agreement amendment to the Grantee to reflect the reduced amount.
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EXHIBIT A: TERMS and CONDITIONS
1. Accessibility: The State is responsible for ensuring that public websites are accessible to both the general public and state employees, including persons with disabilities. Grantee shall assist the State in meeting its responsibility. Therefore, all project materials generated by state funded programs must meet the California Accessibility Standards. Additionally all project materials designed, developed, and maintained shall be in compliance with the California Government Code, sections 7405 and 11135, and the Web Content Accessibility Guidelines 2.0, or a subsequent version, as published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria.
However, if for some reason project material is not generated to be in compliance to meet these standards, please still submit it to the State Library. When submitting the material make sure to note that the material is not accessible by including “NOT ACCESSIBLE” in the file name.
The California State Library reserves the right to post project materials to its website that are in compliance with these standards.
2. Acknowledgment: The State of California and the California State Library shall be acknowledged in all promotional materials and publications related to the California Library Literacy Services project.
a. Grant award recipients must ensure that the State of California receives full credit as the source of funds and that the California State Library, likewise, is acknowledged as the administrator.
b. Publications and information releases about the project must credit the State of California. An appropriate statement for a publication or project press release is:
“This [publication/project] was supported in whole or in part by funding provided by the State of California, administered by the California State Library.”
Grantees must include the above statement in any publications, vehicle wraps, and promotional materials, including websites. If space is limited the State Library logo and the following shortened acknowledgement statement is acceptable:
“Funding provided by the State of California.”
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c. This credit line on products of a project, such as materials, is important to foster support from the public, and state funding sources. d. California State Library Logo: Use of the California State Library logo, which can be downloaded on the California State Library website, is required on any publication, vehicle wrap, or promotional material along with the above statement(s).
e. Photo Documentation: Digital photos are a great way to document the happenings of your project. It is recommended that you use a photo release form when taking photos of the public. You may use your library’s photo release form or contact your grant monitor for the State Library’s form.
3. Agency: In the performance of this Agreement the Grantee and its agents and employees shall act in an independent capacity and not as officers, employees, or agents of the California State Library. The Grantee is solely responsible for all activities supported by the grant. Nothing in this Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between the parties. The Grantee shall not represent itself as an agent of the California State Library for any purpose and has no authority to bind the State Library in any manner whatsoever.
4. Amendment: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required.
No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified, or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph.
5. Applicable law: The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California.
6. Assignment, Successors, and Assigns: The Grantee may not assign this Agreement or delegate its performance to any third-party person or entity, either in whole or in part, without the California State Library’s prior written consent. The provisions of this Agreement shall be binding upon and inure to the benefit of the California State Library, the Grantee, and their respective successors and assigns.
7. Audit and Records Access: The Grantee agrees that the California State Library, the Department of General Services, the State Auditor, or their designated representatives shall have the right to review, audit, inspect and copy any records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after the final payment, or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6
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completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement.
Examples of audit documentation may include, but not limited to, competitive bids, grant amendments, if any, relating to the budget or work plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/or cancelled checks.
8. Authorized Representative: Grantee and the California State Library mutually represent that their authorized representatives have the requisite legal authority to sign on their organization’s behalf.
9. Communication: All communications from either party, including an interim check-in at any time during the grant term, shall be directed to the respective grant manager or representative of the California State Library or Grantee. For this purpose, the following contact information is provided below:
San Bernardino Public Library
Ed Erjavek
555 West 6th Street
San Bernardino, CA 92410
[email protected]
(909) 381-8210
California State Library
Allyson Jeffredo
900 N Street
Sacramento, CA 95814
[email protected]
(916) 603-6709
1. Confidentiality: Grantee will maintain as confidential any material it receives or produces that is marked Confidential or is inherently confidential or is protected by privilege. Grantee agrees to alert the State Library to this status in advance, and State Library agrees to maintain this status in conformity with the Public Records Act.
2. Contractor and Subcontractors: Nothing contained in this Grant Agreement or otherwise shall create any contractual relation between the State and any contractor or subcontractors, and no contract or subcontract shall relieve the Grantee of his or her responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the State for the acts and omissions of its contractors, subcontractors, volunteers, student interns and of persons either directly or indirectly employed by any of them as it is for the acts and omissions DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6
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of persons directly employed by the Grantee. The Grantee’s obligation to pay its contractors and subcontractors is an independent obligation from the State’s obligation to make payments to the Grantee. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any contractor or subcontractor.
3. Copyright: Grantee owns and retains titles to any copyrights or copyrightable material from any original works that it creates within the scope of this Agreement in accordance with the federal Copyright Act. (17 U.S.C. 101, et seq.) Grantee is responsible for obtaining any necessary licenses, permissions, releases, or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to the California State Library pursuant to this section. Also, the California State Library may upload, post, or transmit copyrighted material produced or purchased with grant funds on a California State Library website for public access and viewing.
4. Discharge of Grant Obligations: The Grantee's obligations under this Agreement shall be deemed discharged only upon acceptance of the final report by California State Library. If the Grantee is a non-profit entity, the Grantee’s Board of Directors shall accept and certify as accurate the final report prior to its submission to California State Library.
5. Dispute Resolution: In the event of a dispute, Grantee will discuss the problem informally with the Grant Monitor. If unresolved, the Grantee shall file a written “Notice of Dispute” with the State Library Grant Monitor within ten (10) days of discovery of the problem. Within ten (10) days of receipt, the Grant Monitor shall meet with the Grantee for purposes of resolving the dispute. Any dispute arising under the terms of this Agreement which is not disposed of within a reasonable period of time, the Grantee may bring it to the attention of the State Librarian or the designated representative. The decision of the State Librarian or designated representative shall be final. Unless otherwise instructed by the Grant Monitor, the Grantee shall continue with its responsibilities under this Agreement during any dispute.
6. Drug-free Workplace: The Grantee certifies under penalty of perjury under the laws of California, that the Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et. seq.) and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about all of the following:
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1) The dangers of drug abuse in the workplace.
2) The Grantee’s policy of maintaining a drug-free workplace. 3) Any available counseling, rehabilitation, and employee assistance programs.
4) Penalties that may be imposed upon employees for drug abuse violations.
c. Require that every employee who works on the Agreement will:
1) Receive a copy of the Grantee’s drug-free workplace policy statement.
2) Agrees to abide by the terms of the Grantee’s statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future state agreements if the California State Library determines that the grantee has made a false certification or violated the certification by failing to carry out the requirements as noted above.
7. Effectiveness of Agreement: This Agreement is of no force or effect until signed by both parties.
8. Entire Agreement: This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties.
9. Exclusive Agreement: This is the entire Agreement between the California State Library and Grantee.
10. Executive Order N-6-22-Russia Sanctions: The Grantee shall comply with Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate grant agreements with, and to refrain from entering any new grant agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Grantee advance written notice of such termination, allowing Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
11. Extension: The State Librarian or designee may extend the final deadline for good cause. The Grantee’s request for an extension of the grant period must be made in writing and received by the California State Library at least 30 days prior to the final deadline.
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12. Failure to Perform: The grant being utilized by the Grantee is to benefit the California Library Literacy Services project. If the Grant Monitor determines the Grantee has not complied with this Agreement, the Grantee may forfeit the right to reimbursement of any grant funds not already paid by the California State Library, including, but not limited to, the ten percent (10%) withhold.
13. Federal and State Taxes: The State Library shall not:
a. Withhold Federal Insurance Contributions Act (FICA) payments from Grantee’s payments or make FICA payments on the Grantee’s behalf; or
b. Make Federal or State unemployment insurance contributions on Grantee’s behalf; or
c. Withhold Federal or State income taxes from Grantee’s payments.
Grantee shall pay all taxes required on payments made under this Agreement including applicable income taxes and FICA.
14. Force Majeure: Neither the California State Library nor the Grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by the California State Library or the Grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party.
15. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If grant funds are not expended, or have not been expended, in accordance with this Agreement, the State Librarian or designee, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the ten percent (10%) withhold, and/or to repay to the California State Library any funds improperly expended.
16. Fringe Benefit Ineligibility: Grantee agrees that neither the Grantee nor its employees and contract personnel are eligible to participate in any employee pension, health benefit, vacation pay, sick pay or other fringe benefit plan of the State of California or the State Library.
17. Generally Accepted Accounting Principles: The Grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures.
18. Grant Monitor: The Grant Monitor’s responsibilities include monitoring grant progress and reviewing and approving Grant Payment Requests and other documents delivered to the California State Library pursuant to this Agreement.
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The Grant Monitor may monitor Grantee performance to ensure Grantee expends grant funds appropriately and in a manner consistent with the terms and conditions contained herein. The Grant Monitor does not have the authority to approve any deviation from or revision to the Terms and Conditions (Exhibit A) or the Procedures and Requirements unless such authority is expressly stated in the Procedures and Requirements.
19. Grantee: the government or legal entity to which a grant is awarded and which is accountable to the California State Library for the use of the funds provided. a. The grantee will make reports to the State Librarian in such form and containing such information as may be required to ensure the proper used of funds consistent with the grantee’s application and award agreement. The grantee will keep such records and afford such access as the California State Library may find necessary to assure the correctness and verification of such reports.
20. Grantee Accountability: The Grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the Grantee has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owed to the California State Library, the Grantee is responsible for repayment of the funds to the California State Library.
21. Grantee Funds: It is mutually agreed that the Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete the project.
22. Independent Action: Grantee reserves the right to fulfill its obligations under this Agreement in an independent manner, at any location and at any time within the agreed-upon timeline. Grantee’s employees or contract personnel shall perform all services required by this Agreement, but their time need not be devoted solely to fulfilling obligations under this Agreement. Grantee shall furnish all equipment and materials used to meet its obligations and complete the Project. The State Library shall not provide any personnel or other resources beyond the grant award and is not required to provide training in connection with this Agreement.
23. Indemnification: Grantee agrees to indemnify, defend and save harmless the State of California, the California State Library and its officers, employees, and agents, from any and all claims, losses, and liabilities accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of this Agreement.
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24. License to Use: The California State Library reserves a fully paid-up, royalty-free, nonexclusive, sub-licensable and irrevocable license to reproduce, publish, prepare derivative works, distribute, or otherwise use, and to authorize third parties to use, any material received or maintained by Grantee in connection with this Agreement. This includes intellectual property, with or without third- party rights. All such usages will be for public library and State governmental purposes:
a. The copyright in any work developed under this grant, sub-grant, or contract under this grant or sub-grant; and
b. Any rights of copyright to which a Grantee, sub-grantee, or a contractor purchases ownership with grant support.
25. Limitation of Expenditure: Expenditure for all projects must conform to the grantee’s approved budget and with applicable State laws and regulations. The total amount paid by the California State Library to the Grantee under this agreement shall not exceed $81,334 and shall be expended/encumbered in the designated award period.
During the award period, the grantee may find that the awarded budget may need to be modified. Budget changes, requests for additional funds, or requests for reductions in award funding must be discussed with the assigned State Library Grant Monitor and a Grant Award Modification may be required to be submitted according to the instructions. Approval is by the State Librarian or their designee. Adjustments should be reported on the next financial report. Any adjustments in approved budgets must be documented and documentation retained in project accounts.
26. Lobbying: Grantee confirms that the grant funds will not be used for the purposes of lobbying or otherwise attempting to influence legislation, as those purposes are defined by the U.S. Internal Revenue Code of 1986.
27. Non-Discrimination Clause: During this grant period, the Grantee and the Grantee’s contractors, and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. Grantee shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment.
Additionally, Grantee, contractors, and subcontractors, if applicable, shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6
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§11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5), and the regulations or standards adopted by the California State Library to implement such article.
Grantee shall permit access by representatives of the Department of Civil Rights and the California State Library upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the California State Library shall require ascertaining compliance with this clause. Grantee, and its contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Grantee shall include the non- discrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the Agreement.
28. Notices: All notices and other communications in connection with this Agreement shall be in writing, and shall be considered delivered as follows:
a. Electronic Mail (E-mail): When sent by e-mail to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
b. DocuSign (e-signature platform): When sent via DocuSign a notification will be sent to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
c. Grants Management System: When sent via / uploaded to the California State Library’s Grants Management System a notification will be sent to the last e-mail address of the recipient known to the party giving notice.
Notice is effective upon transmission.
d. Personally: When delivered personally to the recipient’s physical address as stated in this Agreement.
e. U.S. Mail: Five days after being deposited in the U.S. Mail, postage prepaid, and addressed to recipient’s address as stated in this Agreement.
29. Order of Precedence: The performance of this Agreement shall be conducted in accordance with the Terms and Conditions, Procedures and Requirements, Certificate of Compliance, Project Summary, Activities Timeline, and Budget, of this Agreement, or other combination of exhibits specified on the Grant Agreement Coversheet attached hereto (collectively referred to as “Terms”).
Grantee’s California State Library-approved Application (Grantee’s Application) is hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications, or DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6
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provisions that constitute this Agreement, the following order of precedence shall apply:
a. Grant Agreement Coversheet and any Amendments thereto b. Terms and Conditions
c. Procedures and Requirements
d. Certificate of Compliance
e. Project Summary
f. Grantee’s Application (including Budget and Activities Timeline) g. All other attachments hereto, including any that are incorporated by reference.
30. Payment:
a. The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs for each of the tasks identified in the Project Summary and Activity Timeline included in the project application. California State Library shall provide funding to the Grantee for only the work and tasks specified in the Grantee’s Application at only those costs specified in the Budget and incurred in the term of the Agreement.
b. The Grantee shall carry out the work described in the Work Plan or in the Grantee’s Application in accordance with the approved Budget and shall obtain the Grant Monitor’s written approval of any changes or modifications to the Work Plan, approved project as described in the Grantee’s Application, or the approved Budget prior to performing the changed work or incurring the changed cost. If the Grantee fails to obtain such prior written approval, the State Librarian or designee, at his or her sole discretion, may refuse to provide funds to pay for such work or costs. c. The Grantee shall request funds in accordance with the funding schedule included in this agreement.
d. Ten percent (10%) will be withheld from the Payment Request (if applicable) and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the grantee to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld.
e. Lodgings, Meals and Incidentals: Grantee’s eligible costs are limited to the amounts authorized in the California State Administrative Manual (see Exhibit C or contact the Grant Monitor for more information). f. Payment will be made only to the Grantee.
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g. Reimbursable expenses shall not be incurred unless and until the grantee receives a Notice to Proceed as described in the Procedures and Requirements.
31. Personal Jurisdiction: The Grantee consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.
Native American Tribal grantees expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.
32. Personnel Costs: Any personnel expenditures to be paid for with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for their regular job duties, including a proportionate share of any benefits to which the employee is entitled.
33. Pledge: This Agreement shall not be interpreted to create any pledge or any commitment by the State Library to make any other or further grants or contributions to Grantee, or any other person or entity in connection with the Project. It is mutually agreed that Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete outcomes or deliverables.
34. Privacy Protection: Both parties agree to protect the confidentiality of any non- public, personal information that may be contained in materials received or produced in connection with this Agreement, as required by Civil Code, section 1798, et. seq.
35. Prohibited Use: The expenditure under this program shall not be used to supplant Grantee efforts in other grant programs provided by the California State Library.
36. Public Records Act: Material maintained or used by the California State Library is considered “public record” under the Public Records Act (PRA) at Government Code, sections 6250, et. seq. This includes the Interim and Final reports, and any other written communications between the parties. Grantee agrees to ensure that all content contained in its written reports are appropriate for publication.
Said material, along with all other reports, documentation and data collected during the term of the Agreement, will be subject to disclosure unless it qualifies for exemption under the PRA in whole or in part. Grantee agrees to alert the State Library as to a basis for exemption, if any exists.
37. Publicity Obligations: Grantee will notify the State Library of any promotional materials or publications resulting from the grant no later than five (5) days in advance of distribution, whether they are print, film, electronic, or in any other DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6
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format or medium. Copies of all promotional materials will be provided to the State Library. Grantee will acknowledge the State Library’s support as noted above. Grantee agrees that the State Library may include information about this grant and its outcomes in its own annual reports, with specific reference to Grantee, and may distribute such information to third parties.
38. Records: Communications, grant related documents, data, original receipts, and invoices must be maintained by Grantee and shall be made available to the State Library upon request. Grantee agrees to maintain adequate grant program records and adequate financial records consistent with generally accepted accounting practices, and to retain all records for at least five (5) years after the end-of-term. The State Library may monitor or conduct an onsite evaluation of Grantee’s operation to ensure compliance with this Agreement, with reasonable advance notice.
39. Reduction of Waste: In the performance of this Agreement, Grantee shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to: the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate.
40. Reimbursement Limitations: Under no circumstances shall the Grantee seek reimbursement pursuant to this Agreement for a cost or activity that has been or will be paid for through another funding source. The Grantee shall not seek reimbursement for any costs used to meet cost sharing or matching requirements of any other California State Library funded program.
41. Reports and Claims: It is the responsibility of the grantee make the required reports and claims to the California State Library.
a. The grantee shall be responsible for submitting to the State Library Narrative Reports detailing progress and activities. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
b. The grantee shall be responsible for submitting to the State Library Financial Reports reflecting grantee expenditure activity. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
c. To obtain payment hereunder the grantee shall submit authorized claims provided by the State Library for that purpose, on each of the following mentioned dates for payment, and the California State Library agrees to reimburse the Library as soon thereafter as State fiscal procedures will permit.
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d. The final 10% of the grant award (if applicable) is payable only upon approval of all final reports and receipt of claim form. Failure to provide timely reports is a serious breach of an award recipient’s administrative duty under the award.
e. Payment will be provided to cover the expenditures incurred by the grantee for the project in the following manner:
o $75,262 upon execution of the agreement and submission of claim by the grantee organization.
o If applicable, second payment will be made after the submission and approval of the first reports and receipt of claim form in the amount of $6,072.
42. Self-Dealing and Arm’s Length Transactions: All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm’s- length transactions and not the result of, or motivated by, self-dealing on the part of the Grantee or any employee or agent of the Grantee. For purposes of this provision, “arm’s-length transactions” are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendors are invited to compete for an entity’s business and the entity chooses the lowest of the resulting bids. “Self-dealing” is involved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all grant monies are to be expended.
43. Severability: If any part of this Agreement is found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement, but the remainder of the provisions in the Agreement will remain in full force and effect.
44. Site Visits: The Grantee shall allow the California State Library to access and conduct site visits, with reasonable notice, at which grant funds are expended and related work being performed at any time during the performance of the work and for up to ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved. A site visit may include, but not be limited to, monitoring the use of grant funds, provide technical assistance when needed, and to visit the State funded project.
45. Termination: The Agreement shall be subject to termination by the State Librarian or designee upon notice to the Grantee at least thirty (30) days prior to the effective date of termination. In the event this agreement is terminated, the Grantee shall deliver to the State Librarian copies of all reports, accounting, data, and materials prepared up to the date of termination. The State Librarian DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6
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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.
46. Timeline: Time is of the essence to this Agreement. It is mutually agreed between the parties that the grant application and the timeline included therein are part of the Agreement.
47. Unused Funds: At the end-of-term Grantee agrees to return any unexpended or unaccounted for funds to the State Library, or to submit a written request for an extension of the grant period. Funds will be considered unexpended or unaccounted if they were: (1) not used for their intended purpose, or (2) used inconsistent with the terms of this Agreement.
Funds will also be considered unaccounted for, and must be returned, if the proposal outcomes or deliverables are materially incomplete by the end-of-term or earlier termination, as determined by the State Library in its sole discretion.
48. Waiver of Rights: California State Library shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by California State Library. No delay or omission on the part of California State Library in exercising any rights shall operate as a waiver of such right or any other right. A waiver by California State Library of a provision of this Agreement shall not prejudice or constitute a waiver of California State Library’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by California State Library, nor any course of dealing between California State Library and Grantee, shall constitute a waiver of any of California State Library’s rights or of any of grantee’s obligations as to any future transactions. Whenever the consent of California State Library is required under this Agreement, the granting of such consent by California State Library in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of California State Library.
49. Work Products: Grantee shall provide California State Library with copies of all final products identified in the Work Plan and Application. Grantee shall also provide the State Library with copies of all public education and advertising material produced pursuant to this Agreement.
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50. Worker’s Compensation: The State of California will not provide Workers’ Compensation insurance for Grantee or Grantee’s employees or contract personnel. If Grantee hires employees to perform services required by this Agreement, Grantee shall provide Workers’ Compensation insurance for them.
The Grantee is aware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the Labor Code, and the Grantee agrees to comply with such provisions before commencing the performance of the work of this Agreement.
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EXHIBIT B: CERTIFICATION of COMPLIANCE FORM
1. AUTHORIZED REPRESENTATIVE: I certify that the authorized representative named below is the legally designated representative of the Grantee for this Grant Agreement and project and is authorized to receive and expend funds in order to administer this grant program.
2. I certify that all information provided to the California State Library for review in association with this award is correct and complete to the best of my knowledge, and as the authorized representative of the Grantee, I commit to the conditions of this award, and I have the legal authority to do so.
3. I certify that any or all other participants or contractors in the grant program have agreed to the terms of the application/grant award and have entered into an agreement(s) concerning the final disposition of equipment, facilities, and materials purchased for this program from the funds awarded for the activities and services described in the attached, as approved and/or as amended in the application by the California State Librarian.
4. The authorized representative, on behalf of the Grantee, certifies that the Grantee will comply with all applicable requirements of State and Federal laws, regulations, and policies governing this program, to include the requirements listed below in this Certification of Compliance Form.
5. The authorized representative, on behalf of the Grantee, hereby certifies to the California State Library, for an award of funds in the amount $81,334. 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 employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
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1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Grantee has made false certification or violated the certification by failing to carry out the requirements as noted above. (Gov. Code § 8350 et. seq.)
8. CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, the California State Library must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code § 10410):
a. No officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
b. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code § 10411):
a. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. b. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.
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If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (Pub. Contract Code § 10420).
Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub.
Contract Code § 10430 (e)).
9. LABOR CODE/WORKERS' COMPENSATION: Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code § 3700).
10. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et. seq.)
11. RESOLUTION: For awards totaling $350,000 or more, 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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San Bernardino Public Library
California Library Literacy Services
2023-2024 CLLS23-71
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:
GRANTEE AUTHORIZED REPRESENTATIVE
Name: Title:
Email: Phone:
Signature: Date:
DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6 [email protected]
909-381-8210
9/11/2023
Library Director
San Bernardino Public Library
Edward R. Erjavek
555 W. Sixth St., San Bernardino, CA. 92410
[email protected]
Ed Erjavek
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San Bernardino Public Library
California Library Literacy Services
2023-2024 CLLS23-71
Authorized Representative Signature
ORGANIZATION
Name: Address (official and complete):
AUTHORIZED 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: 03CED631-0AFB-4D93-838B-6F1C99689AB6 9/11/2023
Greg Lucas
Library Director
San Bernardino Public Library
555 W. Sixth St., San Bernardino, CA. 92410
9/11/2023
Edward R. Erjavek
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California Library Literacy Services
2023-2024 CLLS23-71
EXHIBIT C: 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
$0.585 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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24 August 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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CALIFORNIA LIBRARY LITERACY AND ENGLISH ACQUISITION SERVICES
FINANCIAL CLAIM
1st PAYMENT
CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that this claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein.
By
(Signature of the Authorized Representative)
(Print Name) (Title)
*Legal payee name must match the payee’s federal tax return. Warrant will be made payable to payee name. Payee discrepancies in name and/or address may cause delay in payment. If you need to change payee name and/or address, please contact Fiscal Services at [email protected].
State of California, State Library Fiscal Office
ENY: 2023 ITEM NO: 6120-213-0001, Chapter 12, Statutes of 2023 PURCHASING AUTHORITY NUMBER: CSL-6120 REPORTING STRUCTURE: 61202000 COA: 5432000 PROGRAM #: 5312
FAIN: N/A
By Date
(State Library Representative)
Grant Award #: CLLS23-71 Date:
Invoice #:
CLLS23-71-01 PO #:
6718
Payee Name: City of San Bernardino
(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: $75,262 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: California Library Literacy Services ☐ AUGMENT For Period From: upon execution to end of grant period
DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6 Edward R. Erjavek
555 W. Sixth St., Sam Bernardino, CA. 92410
9/11/2023
Library Director
9/13/2023
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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: 03CED631-0AFB-4D93-838B-6F1C99689AB6
Sacramento
Admin/Accounting
[email protected]
Library Director
Edward R. Erjavek
9/11/2023
Ca. State Library
95814
916-603-7157
900 N Street
CA
909-381-8210
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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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Library – Courts Building 916-323-9759
P.O. Box 942
837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
July 12, 2023
Ed Erjavek
San Bernardino Public Library
555 West 6th Street
San Bernardino, CA 92410
Dear Mr. Ed Erjavek,
We’re pleased to provide funds to support your English as a Second Language program and the important work that you, your staff, and your volunteers do for your community through the California Library Literacy Services program.
In 2021-2022, the state budget included one-time California Library Literacy Services
funding at $15 million for English as Second Language Services. These funds will be allocated over a five-year period. This award letter covers Year 3 of funding between July 1, 2023, and June 30, 2024.
Your total award for the 2023-2024 fiscal year beginning July 1, 2023, is:
x Total Award: $43,642
Your funds must be fully expended by June 30, 2024, in accordance with your approved budget on file with the State Library. The budget listed in your award packet indicates your original grant request. Your library may have to submit a new budget for review and approval to reflect your 2023-2024 English as a Second Language Services award.
To ensure that program expenditures are consistent with the California Library Literacy Services allowable expenses, please review the California Library Literacy Services Allowable and Unallowable Expenses guidelines. If you have any questions about expenses or expending your award funds, please contact Allyson Jeffredo at [email protected].
We strongly encourage your program staff to develop and maintain community partners to strengthen your program, attend regular regional library literacy network meetings, participate in your local Adult Education Consortium, and participate in library literac
y training opportunities offered by the regional
networks and the State Library to meet the CLLS Mission, Values, and Program DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3
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Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
Essentials. Additional California Library Literacy Services resources can also be found on the California Library Literacy Services webpage.
The payment process begins when we receive your completed and signed budget modification form (if needed), claim form, certification form, and State Funded Grants Award Agreement and Certificate of Compliance (attached).
All forms should be completed and signed through DocuSign to be processed for payment.
Our library literacy staff is available to assist you throughout the year. Please contact your Advisor Beverly Schwartzberg,
[email protected], and your Grant Monitor Allyson Jeffredo, [email protected], with any questions.
Thank you for your willingness to do so much for those in your community. Best wishes for a successful year.
Respectfully yours,
Greg Lucas
California State Librarian
Cc: Beverly Schwartzberg, [email protected] Allyson Jeffredo, [email protected]
Fiscal Office, [email protected]
Dana Petersen, [email protected]
Enc: Re: ESL21-3-38: Claim form, certif ication form, and State Funded Grants Award Agreement and Certificate of Compliance
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San Bernardino Public Library
THE BASICS – YOUR GRANT AWARD
The following provides basic information about your grant and managing your grant.
Award #: ESL21-3-38
Library: San Bernardino Public Library
Total Award Amount: $43,642
ESL GRANT REQUEST
Salary and Benefits $38,342
Contract Staff $3,000
Operations $3,300
Library Literacy Materials $8,000
Small Equipment $1,000
Equipment ($5,000 or more per
unit) $0
Subtotal $53,642
Indirect $0
Award Difference to be Adjusted
(included in grant total below) -$10,000
Grant Total $43,642
Start Date: Upon execution
End Date: June 30, 2024
Please understand that it can take between eight to ten weeks following the receipt of an error free claim form before grant funds are delivered. If you have not received your payment after eight weeks, please contact your grant monitor.
CONTACT
We want your project to be successful. Please work with the program staff listed below to implement your project:
Literacy Analyst: Allyson Jeffredo
Phone Number: (916) 603-6709
Email Address: [email protected]
Library Programs Consultant: Beverly Schwartzberg
Phone Number: (916) 701-6880
Email Address: [email protected]
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San Bernardino Public Library
CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that the 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.
The claims the indicated allowance for the purposes of carrying out the functions stated in its CLLS applic ation and in Sections 18880-18883 of the California Education Code.
555 West 6th Street, San Bernardino, CA 92410
S I G N E D D A T E
Signature - Authorized representative
Typed/Printed Name and Title of Authorized Representative
Email address of authorized representative
DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3 7/18/2023
Edward Erjavek Library Director
[email protected]
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San Bernardino Public Library
PROJECT INFORMATION:
Invoice #: ESL21-3-38
Project Title: English as a Second Language Services
Grantee: San Bernardino Public Library
Funding Start Date: Upon execution
Term Completion: June 30, 2024
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San Bernardino Public Library
Total Award: $43,642
PAYMENT SCHEDULE:
Libraries receive 100% of their 2023-2024 English as a Second Language Services award upon receipt of the award letter.
Note: Libraries have 18 months to spend their 2023-2024 English as a Second Language Services award funds, from July 1, 2023, in which the funds are awarded until December 31, 2024.
English as a Second
Language Service Award
Final Payment $43,642
Total $43,642
REPORTING:
For the 2023-2024 program period, libraries w ill be required to submit a mid-year report and final report. Reminder emails will be sent out beginning six weeks before the required reports are due.
All required reporting materials will be located on the California State Library’s website. The reporting schedule is detailed below.
Mid-Year Report Due January 31, 2024
Final Report Due September 30, 2024
Note: A budget modification form will be required for all budget changes regardless of amount. Modification forms may be submitted throughout the year but no later than May 31
st.
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STATE FUNDED GRANTS
AWARD AGREEMENT AND
CERTIFICATE OF COMPLIANCE
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San Bernardino Public Library
English as a Second Language Services
2023-2024 ESL21-3-38
TABLE OF CONTENTS
TS
PROJECT SUMMARY
Y
2 2
PROCEDURES AND REQUIRMENTS
A. Term of the Agreement 3
B.
Scope of Work
rk 3
C.
.
Budget Detail
ail 3
D.
.
Narrative and Financial Reports
ts 4
E.
Claim Form and Payment
nt
5 5
EXHIBIT A: TERMS AND CONDITIONS
NS
7 7
EXHIBIT B: CERTIFICATION AND COMPLIANCE FORM
M
2 2
Certification 25
EXHIBIT C: STATE REIMBURSABLE TRAVEL EXPENSES
ES
27 2
7 7
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San Bernardino Public Library
English as a Second Language Services
2023-2024 ESL21-3-38
PROJECT SUMMARY
AWARD AGREEMENT BETWEEN THE STATE LIBRARY and San Bernardino Public Library for the English as a Second Language Services project.
AWARD AGREEMENT NUMBER ESL21-3-38
This Award Agreement (“Agreement”) is entered into on July 1, 2023 by and between the California State Library (“State Library”) and San Bernardino Public Library, (“Grantee”).
This Award Agreement pertains to Grantee’s State-funded English as a Second Language Services project.
The Library Development Services Bureau (“LDS”) of the State Library administers state and federal funds in the form of awards.
The Grantee was selected by the State Library to receive state grant funds in the amount of $43,642 through the process adopted by the State Library in administering such grants.
The State Library and the Grantee, for the consideration and under the conditions hereinafter set forth in the Grant Agreement, agree as follows:
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San Bernardino Public Library
English as a Second Language Services
2023-2024 ESL21-3-38
PROCEDURES and REQUIREMENTS
A. Term of the Agreement
The Grant term begins July 1, 2023, and ends June 30, 2024. The project’s final expenditure date is December 31, 2024. If completion of the project occurs prior to the end of the grant period, this will be the end date of the term of this agreement. Grant eligible program expenditures may begin no earlier than the start date. The project's final encumbrance period ends on June 30, 2024, and all eligible program costs must be expended by December 31, 2024.
B. Scope of Work
1. Grantee agrees to perform all activities specifically identified in the Grantee’s application and submitted to the State Library in response to the English as a Second Language Services project.
2. The following activities and deliverables to be performed by the Grantee include, but are not limited to the following:
x Maintain and keep records of expenditures related to the grant that are consistent with Generally Acceptable Accounting Practices (GAAP). x Make financial records available to the State Library upon request. x Work with the State Library staff to assure that funds are disbursed in compliance with the purpose of the grant.
x Prepare and submit required narrative and financial reports. x Procure equipment, and other supplies as needed for the project. x Issue contracts for services, personnel, and consultants as needed for the project.
x If applicable, make payments for services, including for hours worked and travel reimbursements, to consultants and contractors.
x Oversee the implementation of project activities.
C. Budget Detail
The State Library shall provide the Grantee funding for the expenses incurred in performing the Scope of Work and activities specified in the Grantee’s application. The Grantee shall request the distribution of grant funding consistent with its proposal and DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3
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the budget worksheet that was included with the application. Under no circumstances shall payments exceed the total grant amount identified in this Agreement.
D. Narrative and Financial Reports
1. The Grantee shall be responsible for submission of interim and final narrative and financial reports on the progress and activities of the project, to the California State Library, using the sample report documents provided by the California State Library.
2. All the reports must be current, include all required sections and documents, and must be approved by the Grant Monitor before any payment request can be processed. Failure to comply with the specified reporting requirements may be considered a breach of this Agreement and result in the termination of the Agreement or rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding. Any problems or delays must be reported immediately to the Grant Monitor. The financial reports shall reflect the expenditures made by the Grantee under the Agreement and may be incorporated into the same reporting structure as the narrative reports.
3. The reports shall be submitted by the following dates:
Reporting Period Report Due Date
July – December 2023-2024 Mid-Year Report Due January 31, 2024 January – Project
End Date
2023-2024 Final Report Due September 30, 2024
4. Failure to submit timely reports with the appropriate documentation by the due date may result in rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding.
5. The Grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant, subject to possible audit for a minimum of five (5) years after final payment date or grant term end date, whichever is later. Please refer to Exhibit A, Terms and Conditions, for more information.
E. Claim Form and Payment
1. The California State Library shall provid e the Grantee payment as outlined in the payment schedule only if all requirements for claiming the funds as outline in this document have been met, and only for those activities and costs specified in the approved award application.
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2. The Grantee shall complete, sign, and submit Certification of Compliance form (Exhibit B) and the Financial Claim form (included in your award packet), to the California State Library within 14 days of receiving this award packet. These forms will be issued, signed, and submitted using the online signature and agreement platform, DocuSign, unless DocuSign is unallowable or inconsistent with practices and policies of the local jurisdiction. If the use of DocuSign is not acceptable to your organization, please contact your grant monitor regarding alternate options.
3. Any of the sums appearing under th e categories in the approved budget may be adjusted with prior authorization from the California State Library Grant Monitor. This would be to increase the allotment with the understanding that there will be corresponding decreases in the other allotments so that the total amount paid by the California State Library to the Grantee under this Agreement shall not exceed the awarded amount, which shall be expended/encumbered during the grant period.
4. If the payment amount made by the California State Library exceeds the actual expenses incurred during the term of this Agreement, as reflected in the financial reports to be filed by the Grantee, the Grantee shall immediately refund the excess payment amount to the California State Library.
5. The Award payments will only be made to the Grantee. It is the Grantee’s responsibility to pay all contractors and subcontractors for purchased goods and services.
6. The Final Payment of 10% will be withheld and retained by the California State Library until all conditions agreed upon in this Agreement, including submission and grant monitor approval of the interim and final narrative and financial reports, have been satisfied.
7. Prompt Payment Clause
The California State Library will make payments to the Grantee in accordance with the Prompt Payment Clause under Government Code, section 927, et. seq.
The Grantee may typically expect payment within 45 days from the date a grant payment request is properly submitted and approved by the Grant Monitor.
8. Budget Contingency Clause
a. It is mutually agreed that if the Bu dget Act of the current fiscal year or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall no longer be in full force and effect. In this event, the California State Library shall have no liability to pay any funds whatsoever to the Grantee or to furnish any other considerations under this Agreement and the Grantee shall not be obligated to perform any provisions of this Agreement.
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b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Program, the California State Library shall have the option to either cancel this Agreement with no liability occurring to itself or offer an Agreement amendment to the Grantee to reflect the reduced amount.
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EXHIBIT A: TERMS and CONDITIONS
1. Accessibility: The State is responsible for ensuring that public websites are accessible to both the general public and state employees, including persons with disabilities. Grantee shall assist the State in meeting its responsibility. Therefore, all project materials generated by state funded programs must meet the California Accessibility Standards. Additionally all project materials designed, developed, and maintained shall be in compliance with the California Government Code, sections 7405 and 11135, and the Web Content Accessibility Guidelines 2.0, or a subsequent version, as published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria.
However, if for some reason project material is not generated to be in compliance to meet these standards, please still submit it to the State Library. When submitting the material make sure to note that the material is not accessible by including “NOT ACCESSIBLE” in the file name.
The California State Library reserves the right to post project materials to its website that are in compliance with these standards.
2. Acknowledgment: The State of Californi a and the California State Library shall be acknowledged in all promotional materials and publications related to the English as a Second Language Services project.
a. Grant award recipients must ensure that the State of California receives full credit as the source of funds and that the California State Library, likewise, is acknowledged as the administrator.
b. Publications and information releases about the project must credit the State of California. An appropriate statement for a publication or project press release is:
“This [publication/project] was supported in whole or in part by funding provided by the State of California, administered by the California State Library.”
Grantees must include the above statement in any publications, vehicle wraps, and promotional materials, including websites. If space is limited the State Library logo and the following shortened acknowledgement statement is acceptable:
“Funding provided by the State of California.”
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c. This credit line on products of a pr oject, such as materials, is important to foster support from the public, and state funding sources. d. California State Library Logo: Use of the California State Library logo, which can be downloaded on the California State Library website, is required on any publication, vehicle wrap, or promotional material along with the above statement(s).
e. Photo Documentation: Digital photos are a great way to document the happenings of your project. It is recommended that you use a photo release form when taking photos of the public. You may use your library’s photo release form, or contact your grant monitor for the State Library’s form.
3. Agency: In the performance of this Agreement the Grantee and its agents and employees shall act in an independent capacity and not as officers, employees or agents of the California State Library. The Grantee is solely responsible for all activities supported by the grant. Nothing in this Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between the parties. The Grantee shall not represent itself as an agent of the California State Library for any purpose, and has no authority to bind the State Library in any manner whatsoever.
4. Amendment: No amendment or variatio n of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required.
No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph.
5. Applicable law: The laws of the Sta te of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California.
6. Assignment, Successors, and Assign s: The Grantee may not assign this Agreement or delegate its performance to any third-party person or entity, either in whole or in part, without the California State Library’s prior written consent. The provisions of this Agreement shall be binding upon and inure to the benefit of the California State Library, the Grantee, and their respective successors and assigns.
7. Audit and Records Access: The Grantee ag rees that the California State Library, the Department of General Services, the State Auditor, or their designated representatives shall have the right to review, audit, inspect and copy any records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after the final payment, or grant term end date, DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3
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whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement.
Examples of audit documentation may include, but not limited to, competitive bids, grant amendments, if any, relating to the budget or work plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/or cancelled checks.
8. Authorized Representative: Grantee an d the California State Library mutually represent that their authorized representatives have the requisite legal authority to sign on their organization’s behalf.
9. Communication: All communications from either party, including an interim check-in at any time during the grant term, shall be directed to the respective grant manager or representative of the California State Library or Grantee. For this purpose, the following contact information is provided below
San Bernardino Public Library
Ed Erjavek
555 West 6th Street
San Bernardino, CA 92410
[email protected]
(909) 381-8210
California State Library
Allyson Jeffredo
900 N Street
Sacramento, CA 95814
[email protected]
916-603-6709
10. Confidentiality: Grantee will maintain as confidential any material it receives or produces that is marked Confidential or is inherently confidential or is protected by privilege. Grantee agrees to alert the State Library to this status in advance, and State Library agrees to maintain this status in conformity with the Public Records Act.
11. Contractor and Subcontractors: Nothing contained in this Grant Agreement or otherwise shall create any contractual relation between the State and any contractor or subcontractors, and no contract or subcontract shall relieve the Grantee of his or her responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the State for the acts and omissions of its DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3
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contractors, subcontractors, volunteers, student interns and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee’s obligation to pay its contractors and subcontractors is an independent obligation from the State’s obligation to make payments to the Grantee. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any contractor or subcontractor.
12. Copyright: Grantee owns and retains titles to any copyrights or copyrightable material from any original works that it creates within the scope of this Agreement in accordance with the federal Copyright Act. (17 U.S.C. 101, et seq.) Grantee is responsible for obtaining any necessary licenses, permissions, releases or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to the California State Library pursuant to this section. Also, the California State Library may upload, post or transmit copyrighted material produced or purchased with grant funds on a California State Library website for public access and viewing.
13. Discharge of Grant Obligations: The Grantee's obligations under this Agreement shall be deemed discharged only upon acceptance of the final report by California State Library. If the Grantee is a non-profit entity, the Grantee’s Board of Directors shall accept and certify as accurate the final report prior to its submission to California State Library.
14. Dispute Resolution: In the event of a dispute, Grantee will discuss the problem informally with the Grant Monitor. If unresolved, the Grantee shall file a written “Notice of Dispute” with the State Library Grant Monitor within ten (10) days of discovery of the problem. Within ten (10) days of receipt, the Grant Monitor shall meet with the Grantee for purposes of resolving the dispute. Any dispute arising under the terms of this Agreement which is not disposed of within a reasonable period of time, the Grantee may bring it to the attention of the State Librarian or the designated representative. The decision of the State Librarian or designated representative shall be final. Unless otherwise instructed by the Grant Monitor, the Grantee shall continue with its responsibilities under this Agreement during any dispute.
15. Drug-free Workplace: The Grantee certifies under penalty of perjury under the laws of California, that the Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et. seq.) and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying 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.
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b. Establish a Drug-Free Awareness Program to inform employees about all of the following:
1) The dangers of drug abuse in the workplace.
2) The Grantee’s policy of maintaining a drug-free workplace; 3) Any available counseling, rehab ilitation and employee assistance programs.
4) Penalties that may be imposed upon employees for drug abuse violations.
c. Require that every employee who works on the Agreement will:
1) Receive a copy of the Gran tee’s drug-free workplace policy statement.
2) Agrees to abide by the terms of the Grantee’s statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future state agreements if the California State Library determines that the grantee has made a false certification or violated the certification by failing to carry out the requirements as noted above.
16. Effectiveness of Agreement: This Agreement is of no force or effect until signed by both parties.
17. Entire Agreement: This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties.
18. Exclusive Agreement: This is the entire Agreement between the California State Library and Grantee.
19. Executive Order N-6-22-Russia Sanctions: The Grantee shall comply with Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate grant agreements with, and to refrain from entering any new grant agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Grantee advance written notice of such termination, allowing Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
20. Extension: The State Librarian or designee may extend the final deadline for good cause. The Grantee’s request for an extension of the grant period must be DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3
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made in writing and received by the California State Library at least 30 days prior to the final deadline.
21. Failure to Perform: The grant being utilized by the Grantee is to benefit the English as a Second Language Services project. If the Grant Monitor determines the Grantee has not complied with this Agreement, the Grantee may forfeit the right to reimbursement of any grant funds not already paid by the California State Library, including, but not limited to, the ten percent (10%) withhold.
22. Federal and State Taxes: The State Library shall not:
a. Withhold Federal Insurance Contri butions Act (FICA) payments from Grantee’s payments or make FICA payments on the Grantee’s behalf; or
b. Make Federal or State unemployment insurance contributions on Grantee’s behalf; or
c. Withhold Federal or State income taxes from Grantee’s payments Grantee shall pay all taxes required on payments made under this Agreement including applicable income taxes and FICA.
23. Force Majeure: Neither the California State Library nor the Grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by the California State Library or the Grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party.
24. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If grant funds are not expended, or have not been expended, in accordance with this Agreement, the State Librarian or designee, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the ten percent (10%) withhold, and/or to repay to the California State Library any funds improperly expended.
25. Fringe Benefit Ineligibility: Grantee agrees that neither the Grantee nor its employees and contract personnel are eligible to participate in any employee pension, health benefit, vacation pay, sick pay or other fringe benefit plan of the State of California or the State Library.
26. Generally Accepted Accounting Principles: The Grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures.
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27. Grant Monitor: The Grant Monitor’s responsibilities include monitoring grant progress, and reviewing and approving Grant Payment Requests and other documents delivered to the California State Library pursuant to this Agreement.
The Grant Monitor may monitor Grantee performance to ensure Grantee expends grant funds appropriately and in a manner consistent with the terms and conditions contained herein. The Grant Monitor does not have the authority to approve any deviation from or revision to the Terms and Conditions (Exhibit A) or the Procedures and Requirements unless such authority is expressly stated in the Procedures and Requirements.
28. Grantee: the government or legal entity to which a grant is awarded and which is accountable to the California State Library for the use of the funds provided. a. The grantee will make reports to the State Librarian in such form and containing such information as may be required to ensure the proper used of funds consistent with the grantee’s application and award agreement. The grantee will keep such records and afford such access as the California State Library may find necessary to assure the correctness and verification of such reports.
29. Grantee Accountability: The Grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the Grantee has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owed to the California State Library, the Grantee is responsible for repayment of the funds to the California State Library.
30. Grantee Funds: It is mutually agreed that the Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete the project.
31. Independent Action: Grantee reserves the right to fulfill its obligations under this Agreement in an independent manner, at any location and at any time within the agreed-upon timeline. Grantee’s employees or contract personnel shall perform all services required by this Agreement, but their time need not be devoted solely to fulfilling obligations under this Agreement. Grantee shall furnish all equipment and materials used to meet its obligations, and complete the Project. The State Library shall not provide any personnel or other resources beyond the grant award, and is not required to provide training in connection with this Agreement.
32. Indemnification: Grantee agrees to indemnify, defend and save harmless the State of California, the California State Library and its officers, employees, and agents, from any and all claims, losses, and liabilities accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3
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or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of this Agreement.
33. License to Use: The California State Library reserves a fully paid-up, royalty-free, nonexclusive, sub-licensable and irrevocable license to reproduce, publish, prepare derivative works, distribute or otherwise use, and to authorize third parties to use, any material received or maintained by Grantee in connection with this Agreement. This includes intellectual property, with or without third- party rights. All such usages will be for public library and State governmental purposes:
a. The copyright in any work develope d under this grant, sub-grant, or contract under this grant or sub-grant; and
b. Any rights of copyright to which a Grantee, sub-grantee, or a contractor purchases ownership with grant support.
34. Limitation of Expenditure: Expenditure for all projects must conform to the grantee’s approved budget and with applicable State laws and regulations. The total amount paid by the California State Library to the Grantee under this agreement shall not exceed $43,642 and shall be expended/encumbered in the designated award period.
During the award period, the grantee may find that the awarded budget may need to be modified. Budget changes, requests for additional funds, or requests for reductions in award funding must be discussed with the assigned State Library Grant Monitor and a Grant Award Modification may be required to be submitted according to the instructions. Approval is by the State Librarian or their designee. Adjustments should be reported on the next financial report. Any adjustments in approved budgets must be documented and documentation retained in project accounts.
35. Lobbying: Grantee confirms that the grant funds will not be used for the purposes of lobbying or otherwise attempting to influence legislation, as those purposes are defined by the U.S. Internal Revenue Code of 1986.
36. Non-Discrimination Clause: During this grant period, the Grantee and the Grantee’s contractors, and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3
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sex, age, sexual orientation, or military and veteran status. Grantee shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment.
Additionally, Grantee, contractors, and subcontractors, if applicable, shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5), and the regulations or standards adopted by the California State Library to implement such article.
Grantee shall permit access by representatives of the Department of Fair Employment and Housing and the California State Library upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the California State Library shall require ascertaining compliance with this clause. Grantee, and its contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Grantee shall include the non-discrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the Agreement.
37. Notices: All notices and other communications in connection with this Agreement shall be in writing, and shall be considered delivered as follows:
a. Electronic Mail (E-mail): When sent by e-mail to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
b. DocuSign (e-signature platform): When sent via DocuSign a notification will be sent to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
c. Grants Management System: When sent via / uploaded to the California State Library’s Grants Management System a notification will be sent to the last e-mail address of the recipient known to the party giving notice.
Notice is effective upon transmission.
d. Personally: When delivered personally to the recipient’s physical address as stated in this Agreement.
e. U.S. Mail: Five days after being deposited in the U.S. Mail, postage prepaid, and addressed to recipient’s address as stated in this Agreement.
38. Order of Precedence: The performance of this Agreement shall be conducted in accordance with the Terms and Conditions, Procedures and Requirements, DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3
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Certificate of Compliance, Project Summary, Activities Timeline, and Budget, of this Agreement, or other combination of exhibits specified on the Grant Agreement Coversheet attached hereto (collectively referred to as “Terms”).
Grantee’s California State Library-approved Application (Grantee’s Application) is hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications or provisions that constitute this Agreement, the following order of precedence shall apply:
a. Grant Agreement Coversheet and any Amendments thereto b. Terms and Conditions
c. Procedures and Requirements
d. Certificate of Compliance
e. Project Summary
f. Grantee’s Application (including Budget and Activities Timeline) g. All other attachments hereto, including any that are incorporated by reference.
39. Payment:
a. The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs for each of the tasks identified in the Project Summary and Activity Timeline included in the project application. California State Library shall provide funding to the Grantee for only the work and tasks specified in the Grantee’s Application at only those costs specified in the Budget and incurred in the term of the Agreement.
b. The Grantee shall carry out the work described in the Work Plan or in the Grantee’s Application in accordance with the approved Budget and shall obtain the Grant Monitor’s written approval of any changes or modifications to the Work Plan, approved project as described in the Grantee’s Application, or the approved Budget prior to performing the changed work or incurring the changed cost. If the Grantee fails to obtain such prior written approval, the State Librarian or designee, at his or her sole discretion, may refuse to provide funds to pay for such work or costs. c. The Grantee shall request funds in accordance with the funding schedule included in this agreement.
d. Ten percent (10%) will be withheld from the Payment Request (if applicable) and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3
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completed. Failure by the grantee to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld.
e. Lodgings, Meals and Incidentals: Grantee’s eligible costs are limited to the amounts authorized in the California State Administrative Manual (see Exhibit C or contact the Grant Monitor for more information). f. Payment will be made only to the Grantee.
g. Reimbursable expenses shall not be incurred unless and until the grantee receives a Notice to Proceed as described in the Procedures and Requirements.
40. Personal Jurisdiction: The Grantee consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.
Native American Tribal grantees expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.
41. Personnel Costs: Any personnel expenditures to be paid for with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for their regular job duties, including a proportionate share of any benefits to which the employee is entitled.
42. Pledge: This Agreement shall not be interpreted to create any pledge or any commitment by the State Library to make any other or further grants or contributions to Grantee, or any other person or entity in connection with the Project. It is mutually agreed that Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete outcomes or deliverables.
43. Privacy Protection: Both parties agree to protect the confidentiality of any non- public, personal information that may be contained in materials received or produced in connection with this Agreement, as required by Civil Code, section 1798, et. seq.
44. Prohibited Use: The expenditure under this program shall not be used to supplant Grantee efforts in other grant programs provided by the California State Library.
45. Public Records Act: Material maintained or used by the California State Library is considered “public record” under the Public Records Act (PRA) at Government Code, sections 6250, et. seq. This includes the Interim and Final reports, and any other written communications between the parties. Grantee agrees to ensure that all content contained in its written reports are appropriate for publication.
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Said material, along with all other reports, documentation and data collected during the term of the Agreement, will be subject to disclosure unless it qualifies for exemption under the PRA in whole or in part. Grantee agrees to alert the State Library as to a basis for exemption, if any exists.
46. Publicity Obligations: Grantee will notify the State Library of any promotional materials or publications resulting from the grant no later than five (5) days in advance of distribution, whether they are print, film, electronic, or in any other format or medium. Copies of all promotional materials will be provided to the State Library. Grantee will acknowledge the State Library’s support as noted above. Grantee agrees that the State Library may include information about this grant and its outcomes in its own annual reports, with specific reference to Grantee, and may distribute such information to third parties.
47. Records: Communications, grant related documents, data, original receipts, and invoices must be maintained by Grantee and shall be made available to the State Library upon request. Grantee agrees to maintain adequate grant program records and adequate financial records consistent with generally accepted accounting practices, and to retain all records for at least five (5) years after the end-of-term. The State Library may monitor or conduct an onsite evaluation of Grantee’s operation to ensure compliance with this Agreement, with reasonable advance notice.
48. Reduction of Waste: In the performance of this Agreement, Grantee shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to: the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate.
49. Reimbursement Limitations: Under no circumstances shall the Grantee seek reimbursement pursuant to this Agreement for a cost or activity that has been or will be paid for through another funding source. The Grantee shall not seek reimbursement for any costs used to meet cost sharing or matching requirements of any other California State Library funded program.
50. Reports and Claims: It is the responsibility of the grantee make the required reports and claims to the California State Library.
a. The grantee shall be responsible for submitting to the State Library Narrative Reports detailing progress and activities. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
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b. The grantee shall be responsible for submitting to the State Library Financial Reports reflecting grantee expenditure activity. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
c. To obtain payment hereunder the grantee shall submit authorized claims provided by the State Library for that purpose, on each of the following mentioned dates for payment, and the California State Library agrees to reimburse the Library as soon thereafter as State fiscal procedures will permit.
d. The final 10% of the grant award (if applicable) is payable only upon approval of all final reports and receipt of claim form. Failure to provide timely reports is a serious breach of an award recipient’s administrative duty under the award.
e. Payment will be provided to cover the expenditures incurred by the grantee for the project in the following manner:
o $43,642 upon execution of the agreement and submission of claim by the grantee organization.
51. Self-Dealing and Arm’s Length Transactions: All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm’s- length transactions and not the result of, or motivated by, self-dealing on the part of the Grantee or any employee or agent of the Grantee. For purposes of this provision, “arm’s-length transactions” are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendors are invited to compete for an entity’s business and the entity chooses the lowest of the resulting bids. “Self-dealing” is involved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all grant monies are to be expended.
52. Severability: If any part of this Agreement is found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement, but the remainder of the provisions in the Agreement will remain in full force and effect.
53. Site Visits: The Grantee shall allow the California State Library to access and conduct site visits, with reasonable notice, at which grant funds are expended and related work being performed at any time during the performance of the work and for up to ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved. A site visit may include, but not DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3
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