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INTER-AGENCY AGREEMENT
BETWEEN
THE GRANTS DIVISION
AND
SAN BERNARDINO PUBLIC LIBRARY
THIS INTER-AGENCY AGREEMENT (“Agreement”) is made between two departments of the City of San Bernardino, a municipal corporation and charter city (“City”), namely the Grants Division of the Office of the City Manager (“Grants Division”) and the San Bernardino Public Library (“Department”). The Grants Division and the Department may be individually referred to as “Party” and collectively as the “Parties”.
RECITALS
WHEREAS, the 2021 American Rescue Plan Act (“ARPA”) provided $77.6 million to the City from the Coronavirus State and Local Recovery Fund (“SLFRF”), which consists of the Coronavirus State Fiscal Recovery Fund (“CSFRF”) and Coronavirus Local Fiscal Recovery Fund (“CLFRF”) (hereinafter, collectively, called “ARPA funding”); WHEREAS, the U.S. Department of Treasury is the federal agency that administers the ARPA funding and has provided the City with the ARPA funding conditional on the City complying with its rules and regulations;
WHEREAS, the City has established a process for City departments to apply for ARPA funding;
WHEREAS, the Grants Division has administered the process for ARPA funding and recommends the Department receive ARPA funding for its program as described in this Agreement;
WHEREAS, the Grants Division and the Department wish to enter into this Agreement to memorialize each other’s responsibilities in regard to the ARPA funding for the program; and NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
A. PURPOSE
the Grants Division hereby agrees to provide ARPA funding, in the amount set forth herein, to the Department to facilitate the implementation of the program.
B. SCOPE OF PROGRAM
Department shall implement the program, including any milestones and deliverables, as described in Exhibit 1, which is appended hereto and made a part of this Agreement. - 2 -
C. TERM
The term of this Agreement shall begin on October 2, 2024, and end on December 31, 2026, unless terminated earlier in accordance with this Agreement.
D. FINANCIAL AND PERFORMANCE REQUIREMENTS
1.Funding. Subject to the availability of ARPA funding, the Grants Division shall provide funds to the Department for the program, in an amount not to exceed Seven Hundred Five Thousand Seven Hundred Sixty-Five Dollars and Thirty-Six Cents ($705,765.36) for the term. Any expenses/costs incurred by Department in excess of this amount shall be the sole responsibility of Department.
2.Budget. Department agrees that all expenditures are to be in accordance with the approved budget for the term of this Agreement. The approved budget is part of the proposal at Exhibit 1.
3. Payment. The City shall make ARPA funding as specified in this Agreement available for use. The ARPA funding shall be used to provide the services described in this Agreement and in Exhibit 1. The Department shall comply with the ARPA funding requirements listed at Exhibits 2 and 3. Any ARPA funding advanced to Department prior to the execution of this Agreement which is related to this Agreement is subject to the terms and conditions of this Agreement.
4. Reporting. The Department agrees to provide supporting documents and corresponding reports as requested by the U.S. Department of the Treasury and the Grants Division to meet any reporting deadlines. The Department shall adhere to the instructions and format, including specific forms required by the Grants Division and the U.S Department of Treasury for the ARPA funding.
Reporting terms and conditions are provided in Exhibit 4.
5. Audits. The Department shall comply with all applicable provisions of the federal Uniform Guidance (2 CFR 200), including the Cost Principles and Single Audit Act requirements.
At any time during business hours and as often as the City, State, or Federal agencies may deem necessary, there shall be made available to the government agency for examination, the Department’s records with respect to matters covered by this Agreement. The Department shall permit the City, State, or Federal agencies to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, records of personnel, conditions of employment and other data relating to matters covered by this Agreement.
6. Records. The Department shall retain records related to this Agreement for a period of five (5) years after all funds have been expended or returned to the U.S. Department of Treasury, whichever is later.
7. Performance Management. The Department shall collect performance data from subrecipients and grantees, as applicable, to measure progress towards achieving each grant’s specific goals and objectives. The Department is required to establish performance reporting deadlines for subrecipients and grantees, as applicable, that match the reporting deadlines - 3 -
established in this Agreement (Exhibit 4). For example, if the Department reports to the Grants Division monthly, then the Department is expected to collect performance data on a monthly basis.
The Department should document the methodology for collecting and calculating performance data and use performance reports from subrecipients and grantees, as applicable, as the basis for monitoring, corrective action, and overall grant management.
8. Subrecipient and Grantee Monitoring. The Department shall conduct regular, consistent, and documented monitoring and oversight activities with subrecipients and grantees, as applicable, to ensure compliance with standards and progress towards each grant’s specific goals and objectives. The results of those activities should be used to correct deficiencies and provide technical assistance to subrecipients and grantees, as necessary and applicable. Monitoring activities may include on-sight visits, staff interviews, review of program documentation, review of internal controls, including financial systems, risk assessments, and other related activities. The type and frequency of monitoring activities must be based on a documented risk assessment and modified, as necessary, over each grant’s performance period based on documented performance and compliance.
E. CORRECTIVE ACTION AND TERMINATION
1. Corrective Action. Upon written notice, the Grants Division may require the Department to take corrective action so the Department is in compliance with federal, state, or local laws, regulations, or rules related to the ARPA funding for the program. Corrective action may be required for but is not limited to instances in which the Department: (a) fails to file a report, (b) fails to meet performance standards, (c) fails to meet milestones or timelines, or (d) misuses funds. The Grants Division may require corrective action of the Department, including but not be limited to: (a) a written warning, (b) additional technical assistance, (c) additional monitoring, (d) program suspension, and (e) reduction/repayment of funding.
2. Termination. Either party may terminate this Agreement by giving to the other party written notification prior to termination. Upon termination, the parties hereto agree that all reports and supporting documentation required for services rendered pursuant to this Agreement shall be provided to the Grants Division forthwith. Any funds advanced to the Department for services not yet rendered shall be returned to the Grants Division immediately.
F. MODIFICATIONS AND AMENDMENTS
The Department may submit a written request to the Grants Division asking for (i) an extension to the term of this Agreement; and/or (ii) a budget reallocation not to exceed twenty-five (25) percent of the ARPA funding. The request should include an explanation for why an extension and/or program budget reallocation is needed and be provided to the Grants Division at least sixty (60) days prior to the expiration date of this Agreement. The request must include all required documentation to justify the need for an extension and/or reallocation. The Grants Division will approve or deny the request in writing. The Department may not expend the ARPA funding under a reallocated program budget until such time they have received written approval from the Grants Division.
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G. GENERAL PROVISIONS AND CONDITIONS
1.Compliance with Laws. The Parties shall comply with all federal, state, and local laws, ordinances, rules, regulations, interim expenditure and annual report requirements, and applicable codes of ethics, pertaining to or regulating the services to be performed pursuant to this Agreement, including those now in effect and hereafter adopted. Any violation of such laws, ordinances, rules, regulations, or applicable codes of ethics by the Department shall constitute a material breach of this Agreement and shall entitle the Grants Division to terminate this Agreement immediately upon delivery of written notice of termination to the Department.
2.Nondiscrimination. The Parties shall operate under this Agreement so that no person, otherwise qualified, is denied employment or other benefits on the grounds of race, color, sex, religion, national origin, ancestry, age, physical or mental disability or sexual orientation except where a particular occupation or position reasonably requires consideration of these attributes as an essential qualification for the position. The Department shall post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.
3. No Duplication of Funding. The Department shall not use different sources of federal funding to pay for the same services. The Department shall not use ARPA funding to pay for the same work that was reimbursed or paid by other sources of funding (e.g., FEMA or CARES funding).
4.Governing Law and Venue. This Agreement shall be construed by and governed under the laws of the State of California and subject to the jurisdiction of a court of competent jurisdiction in San Bernardino County.
5.No Assignment. This Agreement shall not be assigned by the Department to another party without the prior written approval of the Grants Division. This Agreement shall be binding upon the parties hereto and their successors and assigns.
6.Notice. Any notice required or permitted under this Agreement shall be in writing, be delivered by a reasonable and verifiable means (e.g., in person, mail, or e-mail) and be considered delivered upon receipt of the other party.
FOR THE GRANTS DIVISION:
Mary Alvarez-Gomez, Grants Division Manager
Office of the City Manager, Grants Division
290 North D. Street
San Bernardino, California 92401
[email protected]
FOR DEPARTMENT:
Ed Erjavek, Library Director
San Bernardino Public Library
555 West 6th Street
San Bernardino, CA 92401
[email protected]
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7.Headings. Any heading of the paragraphs in this Agreement is inserted for convenience and reference only and shall be disregarded in construing and/or interpreting this Agreement.
8. Incorporation. The recitals and exhibits are hereby incorporated as part of this Agreement.
9. Final Agreement. This Agreement constitutes the entire, full, and final understanding between the parties hereto and neither party shall be bound by any representations, statements, promises or agreements not expressly set forth herein.
[SIGNATURE PAGE FOLLOWS]
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SIGNATURE PAGE TO
INTER-AGENCY AGREEMENT
BETWEEN
THE GRANTS DIVISION
AND
SAN BERNARDINO PUBLIC LIBRARY
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF SAN BERNARDINO
GRANTS DIVISION OF THE OFFICE OF
THE CITY MANAGER
APPROVED BY:
Rochelle Clayton, Acting City Manager
CITY OF SAN BERNARDINO
SAN BERNARDINO PUBLIC LIBRARY
APPROVED BY:
Ed Erjavek, Library Director
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EXHIBIT 1
SCOPE OF SERVICES AND BUDGET
1. The Department will implement the program in accordance with its proposal, as approved by the Grants Division, which is attached hereto and incorporated herein.
2. The Department’s implementation of the program may include but not be limited to contracting with subrecipients, grantees, or contractors, providing programmatic monitoring and oversight of subrecipients or grantees, as applicable, providing budget oversight, drafting reports, and overseeing program evaluation.
3. The Department supported by the Grants Division will provide grant management, fiscal, and programmatic oversight for the subrecipients or grantees, as applicable.
4. The Department will work with subrecipients, grantees, and contractors to track program outcomes and will provide draft program reports to the Grants Division as requested.
Information from the reports will be summarized and sent to the U.S. Department of Treasury by the Grants Division.
5. The Department will receive invoices from subrecipients, grantees, and contractors, track expenditures, and complete draft fiscal reports for submission to the Grants Division.
6. The Department supported by the Grants Division will provide technical assistance and operational support to subrecipients or grantees, as needed.
7. The Department shall follow the instructions of the Grants Division related to compliance with ARPA funding requirements.
8. In alignment with 2 C.F.R. Part 200, Subpart D (§§ 200.317-200.327), The Department will procure a subcontractor to retrofit and make necessary repairs to the Cosand Computer Lab in order to accommodate the Animakerspace Program
The general purpose of this program is to implement the Animakerspace Program at the Feldheym Library.
DEPARTMENT IS RESPONSIBLE FOR:
Offering programs designed to address the impact of learning loss for K-12 students (e.g., high- quality tutoring, differentiated instruction) through engaging students in real-world, career- focused, hands-on science, technology, engineering, arts, and math (STEAM). In addition to providing programs, devices & equipment for internet access and digital literacy to the young learners in the community, the Animakerspace will facilitate programs that provide technical assistance and learning opportunities for disproportionately impacted small businesses and a makerspace to support business planning and marketing mechanisms capable with makerspace - 8 -
equipment and software. Entrepreneurs will utilize the space to prototype, refine, and manufacture innovative ideas, leveraging state-of-the-art equipment and collaborative environments. Featuring a massive variety of equipment, Animakerspace will provide access to tools that streamline product development.
In compliance with the U.S. Treasury’s SLFRF FAQ document, the Department will incur personnel costs through December 31, 2026, for positions established and filled prior to December 31, 2024. Personnel costs, including salary, wages, benefits, and payroll taxes, will be covered if they align with eligible SLFRF uses, such as managing and overseeing the Animakerspace Program. These positions must be both established and filled before December 31, 2024. If any turnover occurs, SLFRF funds may still be used for different personnel in the same role, provided the original position was filled before the deadline. The Department may reorganize existing roles but cannot establish new positions after the December 31, 2024, cutoff, ensuring compliance with SLFRF requirements.
The Department will procure a subcontractor to retrofit and make necessary repairs to the Cosand Computer Lab to accommodate the Animakerspace Program. The work will include reconfiguring the lab’s layout, upgrading electrical, and other needed accommodations. The procurement will adhere to the requirements of 2 C.F.R. Part 200, Subpart D (§§ 200.317-200.327) and the Contract/Agreement will contain all required federal contract provisions.
BUDGET/EXPENDITURES
1. The following is the list of projected expenditures that will be funded by the Grant Funds:
Makerspace Programmatic Personnel Budget
ARPA Funding Estimate through December
31, 2026
FY 2025 FY 2026 FY 2027
Position 11.1.2024 -
6.30.2025
7.1.2025 -
6.30.2026
7.1.2026 -
12.31.2026
1 FT Literacy Program Coordinator
(40%) 29,481.07 49,613.55 26,355.75
2 FT Library Assistants (Step 21) 100,353.28 166,903.09 88,155.13 2 PT Library Assistants (Step 21) 31,481.61 54,305.81 29,116.06 Cosand Computer Lab Facility
Repair
130,000 - -
Total 291,315.96 270,822.46 143,626.94
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EXHIBIT 2
FUNDING SOURCE IDENTIFICATION
Source of Funding: Federal
Name of Awarding Agency: U.S. Department of Treasury
Award Title: American Rescue Plan Act (“ARPA”) – Coronavirus State Fiscal Recovery Fund and Coronavirus Local Fiscal Recovery Fund, which together make up the Coronavirus State and
Local Fiscal Recovery Funds
Assistance Listing Number: 21.027
City Award Identification
Number:
SLT-1008
Term of Award: October 2, 2024 – December 31, 2026
Award Amount: $ 705,765.36
1. Department acknowledges that the funding of this Agreement is from federal, state, and/or City funds. The identification of the source of funding is indicated above. As applicable, Department shall comply with the requirements of the funding source, including but not limited to the terms and conditions of the notice of grant award, statutes and regulations, and manuals.
Specific requirements of the funding source are incorporated herein, which include but are not limited to the following:
•Sections 602 and 603 of the Social Security Act, as added by Section 9901 of ARPA; •Coronavirus State and Local Fiscal Recovery Funds Guidance on Recipient Compliance and Reporting Responsibilities, the most current version; • “Treasury’s Portal for Recipient Reporting State and Local Fiscal Recovery Funds, the most current version;
•Coronavirus State and Local Fiscal Recovery Funds Final Rule, codified at 31 CFR Part 35 and effective April 1, 2022;
•Coronavirus State and Local Fiscal Recovery Funds Frequently Asked Questions, the most current version;
•2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the Treasury may determine are inapplicable to the ARPA funding and subject to such exceptions as may be otherwise provided by the Treasury; and
•U.S. Department of the Treasury Coronavirus State and Local Fiscal Recovery Fund Award Terms and Conditions attached hereto as Exhibit 3. The term “Recipient” in the foregoing shall mean the Department.
2. With respect to any conflict between the funding source requirements, this Exhibit, the terms of this Agreement or the provisions of state law, and except as otherwise required under federal law or regulation, the more stringent requirement shall control and shall amend the Agreement to the extent, and only to the extent, of the conflict. - 10 -
3. Department agrees to accept any additional conditions governing the use of funds or performance of programs as may be required by executive order, federal, state, or local statute, ordinance, rule, or regulation or by policy announced by the City. - 11 -
EXHIBIT 3
AWARD TERMS AND CONDITIONS
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EXHIBIT 4
REPORTING TERMS AND CONDITIONS
The Department shall submit performance reports about the activities funded under this Agreement. Reports shall provide the necessary information by using the procedures established by the Grants Division for that purpose. The Grants Division will meet with the Department on quarterly basis to discuss performance, unless otherwise determined.
Performance Reports
All monthly reports of finances, expenditures, and performance measures on ARPA-funded projects should be submitted to the Grants Division by the second Friday of the calendar month following quarter end. Every month, the Department will provide a narrative report on all project activities. Reporting frequency subject to change.
Reporting deadlines prior to the approval of the agreement by the Board of Estimates do not apply.
Reporting deadlines after the end of the award term do not apply.
Calendar
Year
Period of Activity
Quarterly Report
Due Date
2024 October 1, 2024 – December 31, 2024 January 10, 2025 2025 January 1, 2025 – March 31, 2025 April 11, 2025
2025 April 1, 2025 – June 30, 2025 July 11, 2025
2025 July 1, 2025 – September 30, 2025 October 10, 2025 2025 October 1, 2025 – December 31, 2025 January 9, 2026 2025 January 1, 2026 – March 31, 2026 April 10, 2026
2026 April 1, 2026 – June 30, 2026 July 10, 2026
2026 July 1, 2026 – September 30, 2026 October 9, 2026
2026 October 1, 2026 – December 31, 2026 January 8, 2027 Expenditure Category: EC 2.32 - Business Incubators and Start-Up or Expansion Assistance Performance reports shall provide the following information:
Performance Metrics by Expenditure Category:
EC 2.32 - Business Incubators and Start-Up or Expansion Assistance •Number of small businesses served (by program if recipient establishes multiple separate small business assistance programs)
•Name and Address of small business served
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EC 2.24 - Addressing Educational Disparities: Aid to High-Poverty Districts •Number of students enrolled in program courses by The National Center for Education Statistics (“NCES”) School ID or NCES District ID. These can allow evaluators to link data from the NCES to look at school level demographics and, eventually, student performance.
Expenditure Detail
•Labor Distribution Reports for program implementing staff within the designated period of activity.
•Salary and Benefit expenditures for program-implementing staff within the designated period of activity.
Entity Information
•Entity Unique Entity Identifier (UEI) created in SAM.gov. •The Entity Internal Revenue Service (IRS) Taxpayer Identification Number