MEMORANDUM OF UNDERSTANDING
between
CITY OF SANTA CLARA
and
MISCELLANEOUS UNCLASSIFIED MANAGEMENT EMPLOYEES, UNIT #9 DECEMBER 15, 2019 - DECEMBER 31, 2024
In accordance with the provisions of Section 18 of the City of Santa Clara Resolution #2979, entitled "Employer-Employee Relations", this Memorandum of Understanding constitutes the results of discussions between designated representatives of the City Management Staff (City) and the Miscellaneous Unclassified Management Employees of the City of Santa Clara (Unit 9) on all matters within the scope of representation. The term of this Agreement shall be from December 15, 2019 through December 31, 2024.
1. WAGE ADJUSTMENTS
A. Effective December 15, 2019, all salary ranges for employees holding positions in classifications assigned to Unit 9 shall remain status quo.
B. Effective the first pay period of calendar year 2021, all salary ranges for employees holding positions in classifications assigned to Unit 9 shall remain status quo.
C. Effective the first pay period of calendar year 2022, all salary ranges for employees holding positions in classifications assigned to Unit 9 shall be increased by approximately 4.5%.
D. Effective the first pay period of calendar year 2023, all salary ranges for employees holding positions in classifications assigned to Unit 9 shall be increased by approximately 3.25%.
E. Effective the first pay period of calendar year 2024, all salary ranges for employees holding positions in classifications assigned to Unit 9 shall be increased by approximately 3.25%.
F. During the term of this Agreement, the parties agree that the MOU will reopen on the issue of wages if either of the following occurs:
1) The total annual calendar year General Fund Transient Occupancy Tax (or “TOT”) revenues remitted to the City and allocated to any of the calendar years covered by this Agreement Equal or surpass the City’s actual total TOT revenues from March 1, 2018 to February 28, 2019. After calendar year 2022, the TOT revenues remitted to the City shall be adjusted to normalize for any potential change in the TOT rate if passed by voters on the ballot for purposes of this section; OR
2) Forecasted General Fund deficits remain above $20 million ongoing, as reflected in updated or revised Ten-Year General Fund Forecasts released after July 1, 2021.
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The City agrees to provide an update on the City’s TOT revenues to the Association upon the Association’s request. In the event either of the foregoing occur, either party may request to meet to discuss the subject of wages. Any changes will be by mutual agreement. The parties understand and agree that this will not be a meet and confer within the meaning of section 3505 of the MMBA and that neither party will have access to any impasse resolution procedure except as mutually agreed.
G. The parties agree to meet and confer over wages in the event the City reaches agreement on a new general wage increase to be effective during Calendar Year 2021 or 2022 with any other miscellaneous bargaining unit as part of an agreement on a successor Memorandum of Understanding (MOU). For purposes of this section, “general wage increase” means a wage increase applicable to all members of the bargaining unit (not a subset), but only if that agreement does not also include an agreement for an alternative cost saving measure (including but not limited to unpaid furlough days). Additionally, the parties agree that this section shall not apply to any general wage increases applicable to sworn public safety bargaining units or to miscellaneous bargaining units that are exclusively funded through sources other than the General Fund.
2. CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
The City has contracted with CalPERS to provide employees with the 2.7% at age 55 formula with "highest single year" effective December 17, 2006 for "Classic" or "Legacy" employees as defined by CalPERS and the Public Employees' Pension Reform Act of 2013 (PEPRA) and the 2.0% at 62 with "highest three year average" for "New Members" as defined by CalPERS and PEPRA. Classic/Legacy employees shall continue to pay the employee contribution rate and New Members shall contribute 50% of the "normal cost" of their pension formula as required and defined by CalPERS and PEPRA. The employee's CalPERS retirement contribution will continue to be treated as tax deferred.
3. APPLICATION OF MOU TO REIMBURSED SERVICES
The terms of this Memorandum of Understanding shall not apply to Unclassified Management Employees when such employees are providing their services to another agency that is reimbursing the City of Santa Clara for salary and fringe benefits of such employees. Such arrangements shall be mutually agreed upon between the employee and the City.
4. HOLIDAYS
A. Employees shall be provided 13 annual paid holidays (computed on the eight hour per day pay rate). Any additional permanent holidays designated by the City Council will be afforded represented employees of Unit 9. Additional permanent holidays under this section shall be defined as a holiday on which City offices are closed.
B. Additionally, effective December 2020, the City shall provide 32 hours for four additional paid holidays between December 25th and January 1st of the following calendar year. If there are more than four working days between December 25th and January 1st of the following calendar year,
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the City shall designate which four working days shall be paid holidays under this paragraph. Employees whose jobs require them to work on these days would receive banked paid hours off instead (up to 8 hours per holiday), which hours may and must be used during the applicable MOU year with the approval of the applicable supervisor/manager.
5. JOB SECURITY
Represented members will be compensated at the rate of forty (40) hours salary per year of service to a maximum of six hundred and forty (640) hours should they be terminated from employment for reasons other than cause as defined under Section 6.4 of the Civil Service Rules and Regulations.
6. VACATION ACCRUAL AND USAGE
Represented employees will be entitled to use vacation as it is earned under the following conditions:
A. Vacation may not be taken during the first 6 months of regular employment.
B. Vacation will be earned on a bi-weekly basis (1/26 of the yearly accrual) provided that the employee is in a paid status for at least 2/3 of the hours (53.4 hours) of that pay period.
C. Accrued vacation time will be paid off regardless of term of employment.
D. Annual and maximum vacation accrual rates, calculated to four decimal points for accuracy, are as follows:
COMPLETED
YEARS OF SERVICE
ANNUAL
ACCRUAL
MAXIMUM VACATION
ACCRUAL LIMIT
1 through 4 80 hours 480 hours
5 through 9 120 hours 480 hours
10 through 15 168 hours 480 hours
16 through 20 176 hours 480 hours
21 years + 192 hours 480 hours
E. Maximum Vacation Accrual Limit – Employees are limited to the maximum accrual of vacation as defined. The current vacation balance, the annual accrual and the current pay period usage are all shown on the employees' pay check stub and are the responsibility of the employee to track for compliance with this provision.
1) Effective December 27, 2020 (the first pay period of calendar year 2021), the Maximum Vacation Accrual Limit as described in Section
6.D above shall be temporarily suspended for two (2) years until the end of the last pay period of calendar year 2022. Employees may continue to accrue vacation above the Maximum Vacation Accrual
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Limit until December 24, 2022 (the end of the last pay period of calendar year 2022).
2) Effective December 25, 2022 (the first pay period of calendar year 2023), employees shall not be allowed to accrue vacation above the Maximum Vacation Accrual Limit.
3) Temporary Supplemental Vacation Accrual – Effective December 25, 2022 (the first pay period of calendar year 2023), employees holding positions in classifications assigned to Unit 9 shall be eligible for the Temporary Supplemental Vacation Accrual. The Temporary
Supplemental Vacation Accrual is a separate vacation balance subject to the following:
(a) Effective December 25, 2022, all unused accrued vacation hours above 400 hours as of December 24, 2022 (the last pay period of calendar year 2022) shall be placed in the
Temporary Supplemental Vacation Accrual balance.
(i) The following is only an example of the Temporary
Supplemental Vacation Accrual described above, and
any figures are for illustration purposes only and
assumes the employee does not use vacation.
Issue Hours
Vacation Balance as of December 24, 2022
(the last pay period of calendar year 2022)
500
Hours to be placed in
Temporary Supplemental Vacation Accrual
100
Vacation Balance as of December 25, 2022
(the first pay period of calendar year 2023)
400
Hours that can be accrued in
calendar year 2023
80 Hours that can be accrued above the
Maximum Vacation Accrual Limit of 480 hours
0 (b) The Temporary Supplemental Vacation Accrual balance may not be increased.
(c) Subject to supervisory approval, any Temporary Supplemental Vacation Accrual shall be available for use to the employee until the Temporary Supplemental Vacation Accrual balance has been exhausted.
(d) If an employee leaves or retires from City service, any unused Temporary Supplemental Vacation Accrual hours shall not be subject to the terms of Section 6.I below. Any accrued but unused Temporary Supplemental Vacation Accrual hours will be cashed out upon the employee’s retirement or other separation from City service. If permitted by the City’s deferred compensation plan and applicable law, the separating employee may elect to contribute all or a portion of their accrued but unused Temporary Supplemental Vacation Accrual hours to their deferred compensation account by
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submitting a written request no later than 30 days prior to their separation from City service.
(e) An employee must first use their Temporary Supplemental Vacation Accrual for any vacation leave taken until the Temporary Supplemental Vacation Accrual balance has been exhausted, subject to supervisory approval.
(f) An employee must use their Temporary Supplemental Vacation Accrual for any leave of absence until the Temporary
Supplemental Vacation Accrual balance has been exhausted subject to any requirement that sick leave be utilized first. (g) An employee may not be on unpaid status until the Temporary Supplemental Vacation Accrual balance has been exhausted and must use their Temporary Supplemental Vacation Accrual until the Temporary Supplemental Vacation Accrual balance has been exhausted, with the exception of any formal disciplinary action pursuant to the City’s Civil Service Rules.
F. Vacation may be used in one-tenth (1/10th) hour increments.
G. Employees who begin work prior to July 1st or continue to be employed after the first calendar year of employment are required to use at least one-half of the vacation accrued during the prior calendar year during the current calendar year.
H. Subject to having a sufficient balance of accrued vacation available, an employee may, on a twice per year basis, request to be paid at his/her current hourly pay rate for a total combined maximum of 80 hours of accrued vacation.
I. In lieu of receiving a vacation-leave cash payout at retirement, the Miscellaneous Unclassified Management Employees may vote to roll accrued vacation leave hours (except for any hours in the Temporary Supplemental Vacation Accrual balance) into the employee's VEBA account, subject to Association compliance with Federal rules associated with employee contributions of vacation leave to their VEBA accounts.
7. HEALTH INSURANCE
A. For employees who enroll in a City offered health plan and whose benefits exceed the total of the City’s Health Flex Contribution, Additional Health Flex Contribution, and/or Regular Flex Contribution applicable to the employee and as described below, the balance of the benefits shall be paid by a salary deduction from the pay of the individual employee.
B. Health Flex Contribution
1) The City offers full-time employees a Health Flex Contribution to put toward the payment of a City offered health plan. The City shall modify the Health Flex Contribution each calendar year using the Rate of Pay Safe Harbor (based on the lowest base pay of any fulltime position covered by this MOU) to ensure the City’s offered
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coverage is “affordable.” The City contributes the statutorily required minimum contribution under the Public Employees Medical and Hospital Care Act (PEMHCA) as determined by CalPERS in each calendar year. It is understood and agreed that the Health Flex Contribution described in this paragraph shall be equal to or exceed the City’s statutorily required minimum PEMHCA contribution.1 2) Employees may not receive all or any portion of the Health Flex Contribution as cash or any other taxable benefit, and must apply the Health Flex Contribution to City-offered health benefits. Employees who do not enroll in City-offered health benefits will not receive any of the Health Flex Contributions.
C. Additional Health Flex Contribution
1) Full-time employees who enroll in a City health plan for which the premium amount is more than $946.86/month shall receive an Additional Health Flex Contribution in the amounts described in this section.
2) Employees may not receive all or any portion of the Additional Health Flex Contribution as cash or any other taxable benefit, and must apply the Additional Health Flex Contribution to City-offered health benefits.
Employees who do not enroll in City-offered health benefits will not receive any of the Additional Health Flex Contributions. 3) Effective January 1, 2020, full-time employees who enroll in a City health plan for which the premium amount is more than
$946.86/month shall receive an Additional Health Flex
Contribution. The Additional Health Flex Contribution, when added to the Health Flex Contribution described in the prior section and the Regular Flex Contribution described herein, shall not exceed $200 per month over the Kaiser employee only premium amount for the applicable year. 2
4) Effective January 1, 2023, full-time employees:
(a) Who enroll in a City health plan for Employee Only coverage for which the premium amount is more than $946.86/month shall receive an Additional Health Flex Contribution to be put towards the premium amount. The City will provide an Additional Health Flex Contribution amount that, when added to the Health Flex Contribution described above and the Regular Flex Contribution described herein, shall not exceed $200 per month over the Kaiser employee only premium amount for the applicable year. (b) Who enroll in a City health plan for Employee Plus One coverage or Employee Plus Family coverage for which the premium amount 1 As an example, for 2020, the PEMHCA minimum is approximately $139/month and the Health Flex Contribution is $139.00/month, which includes the PEMHCA minimum of $139/month.
2 As an example, for 2020, the Additional Health Flex Contribution is approximately $23.70/month to these individuals since $200 over the Kaiser employee only premium amount in 2020 is approximately $970.56/month.
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is more than $946.86/month shall receive an Additional Health Flex Contribution to be put towards the premium amount. The Additional Health Flex Contribution, when added to the Health Flex Contribution described above and the Regular Flex
Contribution described herein, shall not exceed an amount equal to 100% of the Kaiser Employee Plus One rate for the applicable year.
D. Regular Flex Contribution
1) The City will provide full-time employees a Regular Flex Contribution equal to $946.86 less the Health Flex Contribution. 3 Employees may use the Regular Flex Contribution to pay for health benefits offered under the City’s Section 125 plan or may opt to receive any or all of the Regular Flex Contribution as taxable cash. An employee will receive a Regular Flex Contribution whether or not he/she enrolls in City-offered health benefits and notwithstanding the provisions of Section 7.E. below.
2) Employees hired or rehired on or after January 1, 2023, who choose not to enroll in a City health plan are not eligible for a Regular Flex Contribution.
E. Cash In Lieu
1) Full-time employees hired before January 1, 2023, who choose not to enroll in a City health plan for a plan year, and meet the requirements set forth below shall receive a Cash in Lieu amount per month for that plan year equal to $946.86 minus the Regular Flex Contribution as calculated each calendar year. 4 A full-time employee hired before January 1, 2023, who enrolls in coverage for a plan year, shall be treated in accordance with Sections 7.A-D and will not receive Cash in Lieu for that plan year.
2) Full-time employees hired or rehired on or after January 1, 2023, who choose not to enroll in a City health plan for a plan year, and meet the requirements set forth below, shall receive a Cash in Lieu amount for that plan year equal to $250/month. A full-time employee hired on or after January 1, 2023, who enrolls in coverage for a plan year, shall be treated in accordance with Sections 7.A-D and will not receive Cash in Lieu for that plan year.
3) In order to receive Cash in Lieu of health coverage, an employee must sign a form attesting that the employee and the employee’s Tax Family have the Alternative Required Coverage for the Opt Out Period.
(a) Tax Family means all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or 3 As an example, for 2020, the Regular Flex Contribution for employees who are regularly scheduled to work 40 hours per week is approximately $807.86/month. 4 As an example, for 2020, the Cash in Lieu amount is approximately $139.00/month for employees who are regularly scheduled to work 40 hours per week.
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years that begin or end in or with the City’s plan year to which the opt out applies.
(b) Alternative Required Coverage required means minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California).
(c) Opt Out Period means the plan year to which the opt out arrangement applies.
(d) An employee must provide the attestation every plan year at open enrollment or within 30 days after the start of the plan year for each plan year the employee would like to receive Cash in Lieu. (e) The Cash in Lieu payment cannot be made and the City will not in fact make payment if the City knows or has reason to know that the employee or a Tax Family member does not have such
alternative coverage, or if the conditions in this paragraph are not otherwise satisfied.
(f) An employee who opts out of City-offered health benefits, but cannot provide the attestation, will not receive the Cash in Lieu contribution described in this subsection.
F. Flexible Spending Account (IRS Section 125 Plan)
The City has established a Flexible Spending Account benefit (IRS Section 125 Plan) for employees, which provides accounts in which employees may contribute pre-tax dollars for dependent care and un-reimbursed medical expenses. This Plan will follow the regulations outlined by the Internal Revenue Service. Detailed information will be available in the Summary Plan Document.
This Plan is voluntary and participating employees will make pre-tax salary reduction elections to fund the plan.
G. Proration of Benefits:
For employees who may be eligible for benefits but work less than 40 hours per week, benefits shall be prorated based on the employee’s full-time equivalent (FTE) level.
8. DENTAL INSURANCE
The City will pay toward dental insurance premiums an amount equal to the lowest cost employee only premium amount among the dental plans offered by the City. All employees are required to enroll in a dental plan.
9. VISION INSURANCE
For persons enrolled in the City's VSP vision plan, the City will pay toward vision insurance premiums an amount equal to the lowest cost employee only vision premium. Participation is voluntary. Employees that do not choose to enroll in a vision plan are not entitled to the benefit of City contributions to vision premiums
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described in this paragraph.
10. LONG TERM DISABILITY
The City will continue to pay the cost of a long term disability insurance program. The LTD plan will have a maximum 60 day waiting period and the maximum monthly benefit will include those offsets required by law such as, but not limited to, SDI, retirement, reduced work schedule, worker's compensation, social security, and Railroad retirement.
11. LIFE INSURANCE
The City will pay the required premium for life insurance for represented employees in the amount of $50,000.
12. AUTOMOBILE ALLOWANCE
As an alternative to IRS mileage reimbursement or use of a City vehicle, an automobile allowance program will be available to represented employees as follows:
A. Department Heads including Assistant City Manager, Deputy City Manager and Deputy Director Redevelopment Agency/Sports & Open Space Authority (Executive Management) shall be entitled to a base monthly automobile allowance of $320 for use of their personal vehicles to conduct City business. Executive Management employees may be eligible to receive an additional amount up to a maximum of $200 per month based on required driving while conducting City business, at the discretion of the City Manager or his/her designee.
B. Assistant Department Heads and Division Managers shall be entitled to a base monthly automobile allowance of $200 for use of their personal vehicles to conduct City business. Assistant Department Heads and Division Managers may be eligible to receive an additional amount up to a maximum of $300 per month based on required driving while conducting City business, at the discretion of the City Manager or his/her designee.
C. Effective December 27, 2020 (the first pay period of calendar year 2021), the base monthly automobile allowance shall be paid on the first 2 pay periods of every month.
D. Upon request of the employee, prior to the beginning of each fiscal year, the City Manager or his/her designee will determine whether or not it is appropriate for a manager to receive an amount above the base monthly allowance. The determination will be made based on the requirements for use of the personal vehicles for City business and may require detailed driving information in order to grant an amount above the base monthly amount. This rate adjustment will become effective at the beginning of each fiscal year and will remain in effect for the full year unless there are unique circumstances requiring a modification.
E. Prior to the granting of this allowance, all insurance, driver's license, and vehicle registration as required under the State of California Vehicle Code, will be provided by the represented employee, and must be valid and in force at all times employees are operating their personal vehicles on City
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business.
F. Employees receiving the automobile allowance are responsible for all gasoline and maintenance costs. Employees shall also maintain their personal vehicles in a clean and presentable condition while conducting City business.
G. A represented employee, who is currently assigned a City vehicle, may choose to continue using that assigned City vehicle in lieu of the automobile allowance.
H. The City reserves the right to substitute an assigned City vehicle in lieu of this automobile allowance for a represented employee if it is deemed to be in the City's best interest to provide a City vehicle to conduct City business.
I. A represented employee who is currently reimbursed for use of a personal vehicle in accordance with the IRS mileage reimbursement rate, may continue to utilize direct mileage reimbursement, in lieu of participation in this automobile allowance program.
13. MOBILE COMMUNICATION DEVICE ALLOWANCE
Mobile communication device allowance of $80.00 per month for eligible classifications.
14. MERIT PAY/SALARY ADJUSTMENT SYSTEM
Merit pay adjustments, or merit increases, as provided for in the Personnel and Salary Resolution are, and will continue to be available during the term of this MOU when and if approved by the applicable Department Head and the City Manager, subject to Section 14.G below. The Merit Pay Adjustment system shall include the following elements:
A. Each Unit 9 employee shall receive an annual evaluation.
B. Annual consideration of merit pay adjustments, subject to Section 14.G below, with an affirmative decision by the applicable Department Head shall be required each year following the annual evaluation.
C. Merit pay adjustments shall range from 0 to 5%. However, in 2016 and 2017 only, employee is guaranteed at least 2% and, with Department Head approval, up to 5%, subject to Section 14.G below.
D. In 2016, employees are eligible for a merit pay adjustment based on an evaluation prepared by February 2, 2016, which date will be their merit pay anniversary each year going forward.
1) Notwithstanding D. above, for employees that have been employed a full year as of February 2, 2016, they will be eligible on their actual anniversary date, which shall also be their merit pay anniversary date thereafter.
2) Notwithstanding D. above, for employees that receive a merit increase between January 1, 2015 and February 2, 2016, the date of their last merit increase shall be their new merit pay anniversary date.
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3) If a Department Head has not completed an evaluation in time for a merit adjustment by an employee's anniversary date (February 2, 2016 for most employees), the applicable merit pay adjustment once determined shall be made retroactive to the first full pay period following the anniversary date (and to February 2, 2016 in 2016 for those persons whose anniversary date is February 2, 2016).
E. subject to Section 14.G below , the City shall not suspend or freeze consideration of merit pay adjustments for Unit 9 employees unless step increases are suspended or frozen for all bargaining units that utilize a step system.
F. The City and Unit 9 may, by mutually agreement, meet to discuss potential changes to the merit pay system and/or movement toward a step pay system more like other bargaining units.
G. Effective January 1, 2021, employees holding positions in classifications assigned to Unit 9 shall be ineligible for a merit increase for the next two (2) consecutive rating periods. This means that an employee in Unit 9 shall not be eligible for a merit increase until the third rating period after January 1, 2021, and after the employee has skipped two (2) consecutive rating periods where they did not receive a merit increase. Employees with a rating period that ends before January 1, 2021, will be eligible for a merit increase for that rating period pursuant to the Personnel and Salary Resolution, even if such merit increase (if any) is not approved until after January 1, 2021. 1) Employees hired or rehired or promoted or reclassified on or after January 1, 2021, and until on or before December 31, 2022, into positions in classifications assigned to Unit 9 shall be ineligible for a merit increase for the first two (2) consecutive rating periods. This means that an employee hired or rehired or promoted between January 1, 2021, and December 31, 2022, will not be eligible for a merit increase until the employee’s third rating period with the City after the employee was hired or rehired or promoted or reclassified into positions in classifications assigned to Unit 9.
(a) A current active City employee promoted or reclassified from another bargaining unit into a position in a classification assigned to Unit 9 between January 1, 2021, and December 31, 2022, shall be ineligible for a merit increase until the employee’s third rating period from the effective date of the promotion or reclassification.
(b) A current active City employee holding a position in a classification assigned to Unit 9 as of the effective date of this agreement who is promoted or reclassified into or accepts another position in Unit 9 between January 1, 2021, and December 31, 2022, shall be ineligible for a merit increase unless the employee has skipped two (2) consecutive rating periods where they did not receive a merit increase since January 1, 2021.
(c) Nothing in this Section is intended to prohibit a pay increase that may result from a current active City employee being promoted or reclassified into a position in a classification assigned to Unit 9.
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15. EMERGENCY PAID LEAVE PROGRAM
A. Administration
Administration of this program shall be provided by a three (3) member Emergency Paid Leave Board (Board), consisting of two (2) members of the Unit 9 Board and the City Director of Human Resources (or designee).
Determination of eligibility to use the vacation established in this Emergency Paid Leave pool will be by majority vote of this board. An adverse decision of this board may be appealed to the Unit 9 Board of Directors and their determination shall be final.
B. Method of Donation
1) Contribution of vacation will be computed at the employee's base hourly rate of pay (excluding premium or specialty pay). 2) Contribution may be made from earned vacation, or cash only.
Conversion of Sick Leave to Vacation for purposes of donation to this pool will be immediately credited to the pool.
3) In a case where it has become known that an employee has been seriously injured or has a life-threatening illness and is in need of assistance from the Emergency Paid Leave Pool, contributions from accrued Sick Leave, computed at the contributing employee's base hourly rate of pay (excluding premium or specialty pay) may be made for the benefit of that specific employee who has the need. 4) Employee may authorize the City to automatically convert vacation that should be accrued to the employee to the pool when the employee's vacation accrual has reached the maximum allowed.
5) Funds contributed to the Emergency Paid Leave Pool will be placed in an interest bearing Trust Fund. The Trust Fund will be accumulated in total dollars. No record of number of hours contributed to the Pool will be maintained. An employee making a donation to the Pool will not have a vested right to the amount donated.
6) Employees, appointed Council officers, and the elected City Clerk may contribute earned vacation, or cash to the Emergency Paid Leave Pools of other City bargaining groups.
C. Use of Pool
1) Employee must have a verified emergency need for time off to request Emergency Paid Leave from the pool. An employee's initial request to use leave from the Emergency Paid Leave Pool shall be made to the City's Director of Human Resources (or designee). The Director of Human Resources (or designee) shall make an initial determination regarding whether the employee's request to use Emergency Paid Leave is for a verified medical emergency. The Director of Human Resources (or designee) shall notify the rest of the Board of the name of the
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individual making the request, the date of the request and whether or not the individual's request qualified as a verified medical emergency need under this section. Medical emergencies for the employee or dependent shall be verified by a doctor's certification and shall include the anticipated duration of the medical emergency. Non-medical emergencies shall be verified by certification acceptable to the Board and shall include the anticipated duration of the emergency. 2) Employee must have exhausted appropriate paid leave (sick leave including eligible conversion to vacation or vacation) prior to becoming eligible to request emergency paid leave benefits from the pool. 3) The maximum time available from the pool (subject to the assets of the pool) will be 320 hours (four [4] pay periods) for Emergency Paid Leave benefits due to the illness or injury of the employee or the maximum allowable accrual of vacation for emergency needs of the family of the employee.
4) Emergency Paid Leave will be deducted from the pool based upon the employee's base hourly rate of pay (excluding premium or specialty pay). 5) Emergency Paid Leave hours will be made available for use in the pay period following approval by the Miscellaneous Unclassified Management Employees' Emergency Paid Leave Board.
6) Use of Emergency Paid Leave from the pool will be treated in the same manner as use of regular vacation. The employee will continue to accrue sick leave, vacation, insurance coverage and other benefits in the same manner as he/she would if using regularly credited vacation. 7) Emergency Paid Leave, which has been credited to the employee and has not been used when the emergency has terminated will be reinstated to the pool. Vacation, sick leave and other benefits, which have accrued to the employee, will remain in the employee's account.
16. SICK LEAVE/FAMILY SICK LEAVE/PERSONAL LEAVE
A. Sick Leave
1) Employees shall accrue ninety-six (96) hours of sick leave per year of regular City employment. Sick leave shall accrue in equal amounts each pay period. Employees shall not accrue sick leave while they are on unpaid status.
2) Use of sick leave will be under the same terms and conditions as are now in place. Vacation, and Management Leave may be used to supplement sick leave with Department Head approval, as permitted and set forth in CMD 30.
B. Family Sick Leave
1) Not more than forty-eight (48) hours of sick leave within one calendar year shall be granted to any employee for the care or attendance upon members of his/her immediate family, unless the use of additional leave is
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approved by the City Manager or designee. "Immediate family" is defined as spouse, parent, child, sibling, grandparent, grandchild, aunt, uncle, niece, nephew, first cousin, parent by marriage, step-parent, step-child, grandparent by marriage, son-in-law, daughter-in-law, sibling by marriage, foster parent, domestic partner, anyone residing with employee, or anyone dependent on the employee for care.
C. Personal Leave
1) Each calendar year, an employee is entitled to use thirty-two (32) hours of accrued sick leave as Personal Leave, provided he/she has sufficient sick leave balance available.
2) Personal leave is intended to provide the employee with paid time off to attend to legitimate personal business that may arise from time to time during the year. Personal Leave may be used to supplement sick leave as required.
3) The employee has an obligation to provide as much notice as possible so as to allow for proper scheduling by the department.
4) Providing that the minimal requirements of proper notification have been met, the use of Personal Leave should not be denied.
5) The adoption of this program does not modify the existing ability of the employee to exchange up to 96 hours of accrued sick leave for up to 48 hours of vacation, based upon two (2) hours of sick leave for one (1) hour of vacation as provided and defined in the Personnel and Salary Resolution.
17. BEREAVEMENT LEAVE
A. The City will provide employees with a paid bereavement leave benefit to attend to the customary obligations arising from the death of a member of an employee's immediate family, as defined in this Section. Employees are eligible to receive up to forty (40) hours of bereavement leave in the event of' the death of a parent, child, or sibling of the employee, employee's spouse or employee's domestic partner (including, in each case, step, adoptive and inlaw), spouse or domestic partner; up to three (3) work days (regardless of shift assigned) of bereavement leave in the event of the death of a grandparent, grandchild, aunt or uncle of the employee, employee's spouse or employee's domestic partner (including, in each case, step, adoptive and in-law); and up to one (1) work day (regardless of shift assigned) of bereavement leave in the event of the death of a great-grandparent, greatgrandchild, great-aunt, great uncle, niece, nephew, or first cousin of the employee, employee's spouse or employee's domestic partner (including, in each case, step, adoptive and in-law).
B. The bereavement leave benefit is based on each death occurrence and is not charged to the Salary Adjustment Form.
C. Up to five (5) work days of additional bereavement leave may be charged to an employee's sick leave balance with City Manager approval.
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF
D. At the request of the City, the employee will provide verification.
18. VOLUNTARY EMPLOYEE BENEFICIARY ASSOCIATION (VEBA)
A. The City established a Voluntary Employee Beneficiary Association (VEBA) trust under Internal Revenue Code Section 501(c)(9) for the purpose of providing a defined contribution post-retirement medical benefit for employees. The City contributes $50 per month per represented employee.
Per the City's contract with VEBA, VEBA's consulting fee will be deducted from plan participant's accounts. These contributions shall be included on total compensation surveys. Specific information regarding the Plan is referenced in the Plan Document.
B. VEBA is a tax-exempt trust account formed under Internal Revenue Code Section 501(c)(9) designed to accumulate assets to fund the future payment of qualified unreimbursed medical expenses (including specified insurance premiums). At retirement, participants may withdraw the accumulated plan benefits to pay for unreimbursed health insurance premiums, qualified longterm care insurance premiums, and other qualified unreimbursed medical expenses and will not be taxed under current state and federal law.
Withdrawals cannot be made for nonmedical purposes.
19. RETIREE MEDICAL REIMBURSEMENT BENEFIT
A. The Retiree Medical Reimbursement Benefit shall provide each employee who retires from the City with at least ten (10) years of regular City service with a reimbursement for unreimbursed single retiree health insurance premium beginning with the second full month after retirement from City service and ending with the last full month before the retiree's sixty-fifth (65th) birthday. Starting in the month in which the retiree turns age sixty-five (65), the reimbursement will be for unreimbursed Medicare single retiree supplemental health insurance premium. For premiums paid in calendar year 2017 that will be reimbursed in 2018, the City will reimburse an amount up to $343 per month, including the PEMHCA minimum, for unreimbursed single retiree health insurance premium or up to $205 per month, including the PEMHCA minimum, for unreimbursed Medicare single retiree supplemental health insurance premium. The amount of the City reimbursement will be adjusted thereafter once each year by the percentage change from October to October in the San Francisco-Oakland-San Jose urban wage earners and clerical workers (W) consumer price index from the prior year, but in no event will be increased more than 3.5%.
B. Beginning in 2004, the City will pre-fund this benefit with an amount to be determined by an actuary.
C. Each retiree will be required to submit proof of health insurance coverage to the City each year. The City will pay the reimbursement in a lump sum payment each year.
20. EMPLOYEE ASSISTANCE PROGRAM
The City will provide a confidential Employee Assistance Program for represented employees.
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF
21. CHANGES TO JOB DESCRIPTIONS
Should the City propose a change of the job description, or should the City propose a new job classification and job description, of any job classification represented herein, the City Manager or designee will provide a copy of that proposed job description to Unit 9 for its review and comment back at least ten (10) work days before it is scheduled to be presented to the City Council for adoption. If the proposed compensation control point of a new classification has been established, the City Manager will also provide that proposed compensation control point to Unit 9 for its comment. For a revision of an existing job description, Unit 9 may include a request that the City Manager review the existing compensation control point for the job classification if there has been a significant change in the duties, responsibilities, or safety hazards of the job classification. The City Manager will give consideration to Unit 9 comments, but the final decision on the job description and compensation control point that is submitted to the City Council for adoption will be made by the City Manager.
22. LIMITED/ALTERNATIVE DUTY
A. Alternate Work Schedule (Nine-Eighty Schedule)
A Miscellaneous Unclassified Management employee shall be eligible to work a 9/80 alternate work schedule according to the conditions, criteria, and requirements set forth in City Manager's Directive 71. Requests to work a 9/80 schedule shall be made through or by the Department Head to the City Manager. The City Manager must approve the schedule and the City Manager or Department Head (for employees other than Department Heads) may terminate the schedule at any time.
B. Job Related Illness or Injury
Employees with a job related illness or injury, covered by Workers' Compensation, which prohibits performance of their regular duties, will be reassigned to limited or alternative duty under the following conditions:
1) Supervisors shall be advised of any industrial injury/illness as soon as practical.
2) Upon receipt of a Doctor's report providing work limitations, the City may identify a regular or modified assignment for which the employee has the required experience and training. Such assignment may be on a 40 hour per week or less basis, if mutually agreed between the City and the employee.
3) If the City is unable to identify a limited or alternative duty assignment for which the employee has the required experience and training, the employee will be reassigned to a Monday through Friday work schedule to accommodate required medical or other workers' compensation commitments.
C. Non Job Related Illness, Injury or Condition
Employees who have a non-job related illness, injury or condition which
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF
prohibits performance of the employee's regular duties, may request assignment to limited or alternative duty. Nothing in these provisions is intended to imply that an employee has a right to a limited/alternative duty assignment, unless expressly provided by law. Such request will be accommodated, unless no appropriate limited or alternative duty assignment is available, under the following conditions:
1) Identification by the City of a regular or modified assignment for which the employee has the essential experience and training. Such assignment may be on a 40 hour per week or less basis, if mutually agreed between the City and the employee.
2) Submission of a written release from employee's doctor, subject to review by the City doctor, which allows the employee to perform all of the duties of the contemplated assignment.
3) Employee may account for regular work schedule through a combination of limited or alternative duty hours and sick leave or other paid leave sufficient to maintain eligibility for regular accrual of benefits.
D. Work Week
Under both limited or alternative duty assignments employees will be required to work their regularly scheduled number of hours (normally forty (40) hours) per week, unless such assignment is modified by mutual agreement between the City and the employee. It is recognized that performance of limited or alternative duty assignments will not be permitted to interfere with any medically related treatment designed to assist the employee to return to full, unrestricted duty in the earliest possible time frame.
E. Temporary Assignment
All such assignments, and their duration, are temporary assignments and are subject to periodic sixty (60) day review of the employee's continued need for limited or alternative duty, the employee's continued ability to perform the limited or alternative duty and the department's ability to continue the employee in the assignment. All temporary assignments shall be at the employee's regular rate of pay.
F. Law to Prevail
In the event the Americans With Disabilities Act requires modification of the provisions of this section, it is agreed that the law will prevail.
23. REDUCED WORK WEEK VOLUNTARY TIME OFF (VTO) PROGRAM
A. Employee Participation
Employee participation in this plan is with the City's understanding and agreement that employee participation is temporary and participation is not to be construed as a representation of employee commitment to a permanent program or an admission of any kind that the employee would not be harmed by such a plan becoming mandatory.
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF
B. Reduced Work Week/Reduced Pay
Employees may request a reduced work week schedule (32 hours per week instead of 40 hours per week, for example) at the same hourly rate of pay, subject to the following conditions:
1) With the approval of the Department Head and the City Manager, a binding work schedule as requested by the employee will be developed that may be modified only with the approval of both the City and the employee.
2) More than a 20% reduction of the work week in a pay period will result in proportionate reduction of accrual of sick leave and vacation.
24. INDUSTRIAL INJURY/CONTINUATION OF INSURANCE BENEFITS WHILE ON
WORKERS' COMPENSATION
Workers authorized by the City's Workers' Compensation Administrator to undergo therapy or treatment due to an industrial injury, who are required to leave work, shall receive leave with pay, including reasonable travel time, providing the treatment falls within the normal working hours, is pre-scheduled and cannot be scheduled during non-work hours.
The City will continue payment toward health, dental and life insurance coverage for the employee and dependents up to the maximum amount allocated under total compensation for an employee who is disabled from work because of a work related injury if the employee is no longer in a paid status sufficient to continue the coverage afforded under the terms of the program, subject to the following conditions:
A. The employee may not increase the existing coverage after the date of injury except to add children born within nine months of the injury.
B. Continuation toward payment of employee and dependent health/dental/life insurance coverage up to the maximum allocated under Total Compensation is limited to one (1) year from the date of injury. Continuation toward payment of employee health/dental/life insurance coverage up to the maximum allocated under Total Compensation may be extended if the employee continues to be on temporary disability status for a Workers' Compensation injury.
C. The employee has supplemented his/her workers' compensation benefit with sick leave, vacation, management leave or other paid leave sufficient to qualify for payment of the health/dental/life insurance premium and is no longer entitled to any salary from the City.
25. MANAGEMENT LEAVE PROGRAM
The Management Leave Program is as follows:
A. Effective January 1 of each year, represented employees will be credited with 120 hours of Management Leave per calendar year.
B. New hires or employees promoted into Unit 9 between January 1 and June 30 will be credited with 120 hours of Management Leave. New hires or
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF
employees promoted into Unit 9 between July 1 and December 31 will be credited with 60 hours of Management Leave.
C. Use of Management Leave is subject to approval by the applicable Department Head, or the City Manager or his/her designee in the case of a Department Head request, taking into account the relevant circumstances including work/Department needs, staffing limitations, conflicts, timing of request, etc.
D. Management Leave may not be converted to cash or other paid time off.
E. Unused Management Leave may be carried over from one calendar year to the next; however, an employee may never have more than a balance of 180 hours of management leave, subject to Section 25.E.1-4 below. (Thus, and for example, an employee that already has 180 hours of management leave on January 1 would not receive any further management leave. An employee that already has 100 hours of management leave on January 1 would "only" receive an additional 80 hours. An employee with 60 or fewer hours of banked management leave on January 1 would receive 120 hours.) 1) For calendar year 2021, an employee may have up to a balance of 240 hours of management leave.
2) For calendar year 2022, an employee may have up to a balance of 240 hours of management leave.
3) For calendar year 2023, an employee may have up to a balance of 240 hours of management leave.
4) For calendar year 2024, an employee may have up to a balance of 240 hours of management leave.
5) Effective the first pay period of calendar year 2025, the terms of Section 25.E above shall apply, and an employee may have no more than a balance of 180 hours of management leave.
26. FLEXIBLE SPENDING PLAN (INTERNAL REVENUE CODE SECTION 125) The City will make available a Flexible Spending Plan under the Internal Revenue Code Section 125 for employees. Employees may contribute pretax (federal, state, FICA, Medicare) dollars for dependent care and qualified unreimbursed medical expenses. This Plan will follow the regulations outlined by the Internal Revenue Code. Detailed information will be available in the Summary Plan Document.
The City will pay the administrative expenses for the plan. This Plan is voluntary and participating employees will pay the monthly participation cost.
The monthly participation cost will be considered pre-tax, as defined above, under Internal Revenue Code Section 106„ Participating employees will be provided with an Employee Plan Summary and regular statements regarding the status of their flexible spending accounts.
27. DOMESTIC PARTNERS
The City shall make all benefit programs available to employees, dependents
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF
and domestic partners, subject to the requirements of each benefit provider.
28. PAY PERIODS
Allowances/payments or accrual rates that are an agreed upon amount per month or year but are paid for administrative purposes in incremental amounts each pay period, shall be the same total amount per year in years in which there are 27 pay periods instead of 26 pay periods. This clarification is not intended to and would not modify anyone's salary/rate of pay.
29. DECLARATION
The parties hereto have reached an understanding concerning the proposed salaries and fringe benefits described in the above paragraphs. All other matters dealing with wages, hours, fringe benefits including health and dental insurance contributions, and working conditions included in ordinances, resolutions, rules or regulations, or previous memorandums of understanding, shall remain unchanged for the term of this memorandum in the absence of agreement to the contrary.
30. NEXT MEMORANDUM OF UNDERSTANDING
Unit 9 will submit its proposals for a Memorandum of Understanding for the term commencing at the expiration of this Memorandum of Understanding no later than January 31, 2024.
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF
FOR THE CITY OF SANTA CLARA FOR THE CITY OF SANTA CLARA
MISCELLANEOUS UNCLASSIFIED
EMPLOYEES
Aracely Azevedo Chris Jackson
Director of Human Resources President
Date: Date:
Marco Mercado Craig Johnson
Assistant Director of Human Resources Vice President
Date: Date:
Ashley Lancaster Carolyn McDowell
Human Resources Division Manager Treasurer
Date: Date:
Lee Hagan
Secretary
Date:
APPROVED:
Deanna J. Santana Date
City Manager
APPROVED BY THE CITY COUNCIL ON:
ATTEST:
City Clerk Date
Chris Jackson Digitally signed by Chris Jackson
Date: 2020.12.16 12:55:47 -08'00'
craig johnson Digitally signed by craig johnson
DN: C=US, [email protected], O=city of
santa clara, OU=building division, CN=craig johnson
Date: 2020.12.16 13:07:37-08'00'
Carolyn McDowell Digitally signed by Carolyn
McDowell
Date: 2020.12.16 13:31:18 -08'00'
Lee Hagan Digitally signed by Lee Hagan
Date: 2020.12.17 12:57:37 -08'00'
Aracely Azevedo Digitally signed by Aracely
Azevedo
Date: 2021.01.06 10:07:14 -08'00'
Ashley Lancaster Digitally signed by Ashley
Lancaster
Date: 2021.01.06 12:38:57 -08'00'
Marco Mercado Digitally signed by Marco
Mercado
Date: 2021.01.08 09:12:31 -08'00'
Deanna J. Santana Digitally signed by Deanna J.
Santana
Date: 2021.01.15 11:08:29 -08'00'
Nora Pimentel Digitally signed by Nora
Pimentel
Date: 2021.01.29 17:10:15 -08'00'
1RYHPEHU
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF
APPENDIX A: MOBILE COMMUNICATION DEVICE PROGRAM
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF APPENDIX A: PDNSMART PHONE STIPEND INFORMATION
Date:
To:
From:
City Manager's Office
Interoffice Memorandum
April l5, 2014
Uni I 9 - Unclassified Miscellaueous Management Employees Julio Fuentes, City Manager
CeH Pl one.I: ~miu·I [)hflne Stlpend Progr.am for U1 it 9 - U nclnirsified MisceJlii neous Management Emp1oyecs
Scop,e: This ce11 phone/smartr,hone stipend prog.-r1m applies to members of Unit 9- Unclassified Miscellaneous Management Employees. Tihe sHpeud prognun is $80 per 111onlh anc:I was effective April • 2009.
Pm·pose: To establish policies regarding the pl'Ovision and usage of City-owned cellular telepbone-s or snmrtphones (devioes that have voice-. data tind internet/web access capt1bi1Hies), The City has determined that il is benefidat to have Unit 9 members aroeS$lble by phone/data c:omntunicatioru; at a1l tlmes. A Uni1 9 empJoyee can choose lo have a City~l.s..-;ued cell phone, where the City pa;is for lhe Unit 9 employee's cell phone device and service pl.an through Cjty~ managed contracts with ceH providers, or they can choose to ~ei vo a stipend in the amount of $80 pei· mo11th, whereby the Unit 9 employee will purchase and OM'I theirow11 oell phon-e/smartphone devi·ce and pay all service p1•ovider ch,trge'3, Oi' the Unit 9 employee cn.n dioose not to p.a.rticipat·e in either of the above programs. umnu1-y: This policy oudines and establ ishes eUgibilily critei-ia for Uriit 9 employees wishing to receive a monthly cell phone s1ipeud emd should be J'ead imd understood in conjunction with CMD 1 J 6--Use of City Resmm::es and Coufidential Nature of Ioformotion on City Equipment.
Ce]h1 lar Telephoue/Smartplurne. SUpencl Progr.1nm Unit 9 employees may choose to recdv,e 1m $80 a month stipend ltl purchase. main1ain, replace or repair their personal cen phone, and pay for any level of ceJJ phone service plan from any provider the employee may select. The $80 per month allowance is l!:Qt intended to cove.rt he full cost of any partLcu lar cell phone device and/or ceU phone se~·vic-e plan. If a Unit 9 employee wishes to pu1'CJ)a;Se a cell phone/smorlphone nnd connect to 1he City's email system, they must confirm wilh the City's Information Teclmo[ogy Depattment that the device they wjsh to purchase ca11 be counected to the City's Outlook email system. Not all oeH phone devioe.s or SCl'Vioe pl'ograms mny be compatible with 1he City's infurmalion technology ~-ystems.. If you do not desil'e lo connectto tho City's email system, then any cell phone or service Jlrovicler could be selected.
To be eligible for the mon1h!y stil)-end, the Unil 9 employee must provide the Hu1rnm Reoou1'<:CS Depal'tment with an a.ctive c.en phone numbe.t'. His expected thElt the employee will respond 10 WOl'k-refoted ,cEtlls and most crj1ici.l, actively monitor thei1· phone d'urlng City emergency
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF Cell :Phone Slip.end Program for Unit 9 - M!scellaneous Unclassified Management Ernployees April 11, 2014
P8ge 2
siti1atkms. lf a Uuit 9 employee purlicipa1 ing in the stipend pll'ogram experiences fl lost, stolen or damagecl. cell phone, h ts expected that th~ employee will actively seek to have the device replaced or repaired in a reasonable period oflime in order to renui'n eligible for the rnonlhly stipend ( refet· 1o CMD 116 for additional requirements if a phone is lo..sl. or stolen), The stipend prog,1:am is focused only to the Uni19 employee's persomil <.:ell phone or sm."l.i:tphone. a11d not to other oell phones that might be included under a 5,hm·ed or family plan 1hat lhe employee may have wilh a service prov ideli.
]f the Unit 9 employee changes their cell pltonc numbel' for any reason, the H11mao Resources Department must be nodfied in the nexl work week of lhe new ceH phone number, lf ~ employee receiving a cell phone s1ipend choo~es to no longer use a persorn1I cdl phone for any 1se~son, !be Human Re~s.omces Dep1m1.ment s.bould be iiodfied i.mmediately, and the stipend will be discontinued in the 11ext applicable pay per.loci.
The stipend is paid at a rate of 40 per pny perlod {wllh no payment on two of twenty-six pay periods armm1lly). A Unit 9' empfoye.e stE1rting emplo:onent or 1.ermim1ti11g employment jn the middle of any month v.-:iU receive one-half of tbe monthly slipend ($40). Tho s.lipend will commence ju tbe first <1pplicable pay pe.'oo after the U11it 9 employee's request llill! been received,. revi.ewed and approved by the Hu1nan Resources Department. The essenli0i review critel'ia are that 1he employee is a member oflJ11it 9 Miscellaneous Management Employees' Association., and that the employee has submitted o valid cell phone number as requested. The stipend i:s considered in.come to 1he employee, imd is subject to payroU withholding.
CMD 116: Use of Cily Resourc.es/Non~Coofidenful Ns1hire of Info nn!ltion (Ill Cily Eq rlpm(lut:
111is CMD 211ddresses key issues r-ofated to the ownership and usage of oell phone devfoes, and should always be read and understood in conjunction with this stipend policy. Wbile i1 is &rene:rally the cai:.e thal' call records for a pel'sonally owned phone are not subject to publie records reqnests-. the law ill this area can and does: change. CMD l l 6 adv is:es that empJoyees. adhere to Cify policies. rda1ed to public recol'<ls and em.iil retention. The Ct~y AU01•ney 's Office should be cousulted for advice and/or resolufio11 of public t'CCOt\Cls concerns.
Ci(y-lssued Cell Pho11e Prog1·am: A Unit 9 e-mployee ca11 choose to have a City-owned cell phone issued to them .in lieu of a monthly stipend. UndeJ tbis program. the Jnibnm'l1ion Teclmology Depm1menl bns responsibility for lbe seleclion of cell phone devices and ce II phone service p11oviders. The Clly then maintains a re<:or-d of a11 employee's cell phone number Md us11ge infornmtion. Activity on City-owned <..-ell phones is accessible as a pllbl.ic i'ecord. A Unit 9 en1pfoyee crumot have a Cily-iss'tled phone and a stipend. One or the oiher must be selected. If you cunently have a Cily-issued ceU phone and wish to parlicipnte io the sdpend program, you wHl need 10 acquire a personal ceH phone nnd ser,,.ice phm !'Ind I hen lum in yo,1r City-issued cell phone. Part of the rntionale for this pr-og.ram is to decreas:e the number of City supplied/City suppol'le-d eel.I phones tb:rough the use of a stipend pl'ogram.
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF Cell Phone Stipend Pmgrarn for Unit 9· - Mlcscellaneous Undasslfled Management Em1ployee.s Apri 11, 2.014
Page3
Opf Out: A Uni1 ·9 Misce:lhmeous Management employee can choose uot to p.•uticipa1e in either clile ce]l phone sHpend progr.nm or the City-issued cell phone program. U certain work assignments require 1hc us of n oeU p110ne that can be accomplished lhr-ough the ~emporary provision of a City-isrsued ceH phone 1hrou.gh the dural ion of I.he. i1ssignmen1.
Cell Pboue/S111rnrt1,houe S·Up nd Prog1·am. Enr-0U111cnf; A ct1rrent Uni( 9 employee CilJl initially enroll in this stipend program by emailing the HllmM Reso\wCes. Deparl1nem1. and requc.-ning :1nmicipalion in the sfipend program. Ymi must incJude your l'O·digil eel] phon nun1ber in th.e emai I; therefore yott must have a personal ,eel I phone device and a service plan ae1ivated prior to receiving ast' pend. Al lhnt time the Human Resour-ces D pamnen< will send you a Cell Phone Stipend packet and fom11 which yo\l win need to :fil.l out and relum to them.
The1e1.dter, the Hum.11n Resources Department w:·n proscn( the ccU phone ~t:ipcnd enroUruent oppoi:tunily 10 new Unit 9 employees through employee 01rk:ntadon, ~~ ~lio Fuentes
City Manager
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF The pUl'JPOSe of this Qui.ck R.e!ference Is to assJst you 111 oottlng up your Android phone to receive Clly of
Santa Clara omall.
1. camplete lh:e Smar!Phone Autharizaoo.n form and
return to lhe Help Desk.
2. If yoo have CQOtact Of" calendar items on your
Android phooe, you may IO$e tlhem H you ¢hoo,s,a
to sync with Outlook's coritacis !i!odfor Ca!enclar.
Back up your Android phone 50 you can reslore
I.hem if neoessa,y.
3. Add you City ernafl account to your Android phorie. . . . . . -.:·• ··..:
_ ·1-~i Ad·u.Emaii' A6~~rt( ~_,,i ;_·. .. . ·• .... --;:,•·-· 1 • Go to Settings, and choo~ Accounts.
2. Choose A<ld Acccurnt, then Corpora.1e, Sync.
3, Complele lhe, RekJs aa loltO'i'll'S (They ma,y not
appear rn 'tihls exact order,)
Dom,alin\Usef'l!lame: City or Eiecirlr: ior $VP
Employeas\usernami;,.
Password: Your current oolwork password
Cheok. Use sec.ur,e conrweflcn bolir.
l:!'mai• Addiress:
Your dly email address,
Server: Jmail.santaclarac:a.gov.
'I· '"'!
.. · Cbange P . .,- •• .., . -.• ... ~ -:._ _ _. •:. ~ .,..,....:;-..:.,: • •. :....:.· ~ i..l ;:\..:::,.1, Once you se1 up your Cily email acco1.1nt. you wilf be
required lO enter a 4 d'9lt passoode. Yov will be re -uire-d to enter 1his passcode to urrfoc'k your screen if your
phone ie unused for 5 mlnr.ites. This. time can bi;,
ncre-ased uP to 15 mJnutes.
To chang8 'Iha PEl&SCOde,
1. Go lo Settings lhe11 choose Locatlon & Se-curlty.
3. Choose· Ct,;111ge scl'ff,n lock, then IPIN.
4. Enter a riew PIN.
Watnfng1: You caonol ~um off (tie Erase Da:la. feature. If you have 8 failed passoode allempts, the data wUI be
erased from your phone .
. ............. --· .... :-:' ·.· .. . ,;:--~-
~_};,f ~-- ·; ln-c~~~:'stir~e~ tock il·m~~~t .: ::;~ -;:•· -... . .a, . . .;:,· . - '.' ::. .. :•_;;;_'i To lncre-ase the sere .n lock llmeout,
1. Go lo Settings I.hen choose Loeatllcm & Se:c1.1rlty.
2. Choose· S&eurlty Lock Timer.
3. tncr,ease ·tih.(I t1me.
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF The purpose, of ~his Quick Referenc,e, is to as$ist you in sietlt.ing up your iPlione to receive Cily of Sanla. Clara email.
1. COfl'lplete, lhe SmartPhone Aulhorl:zattoo form at1d re Ufll lo lhe Help Desk,
:2. lfyou have oonlacl or calendar items, on your
iPhone, Y(JU n,ay rose the,m If yol!I choose to syne
with, Oultllook's oonh'iets and/or carendw. Back up
your IPhone using m.1nes so yoo can restore lhem U
neces,sary.
3. Add your Cl'ty email acoount to your iPhorie.
-~- ,; ':"' --~;;:- :.:-.... ~=-·c . 'f:_ or .-. ~-;; "> ;...:. ... . :-;,"ft•::;--::.:1 , ~1}1}~~:;:::~:~~--~~ em~~tfA~cbuRt . \~~~j:~~ff1·;;
1. Choose Settl11g,s from the iPhon.e menu.
2. Chooff MaU, Co11ta.><;ts,
Calendar.
3. Choose Add Acc-o,mt, then
Microsoft Exchange.
■
4, Complete the fields :;~~~""~---==.------=
a& ~olll:o,w.s: r..
Email: yo,UF email
' address.
Domain: City or Electric
for SVP E;m?loye.(!S _ , .. ·. -,: ·
Usemame~ Your n-e1Work [ ';;~;~•-'-'i-fl18J - .-,.s-!l!il-l..d-. -~--ae-!l.-'_!i)(i'I: ~. ~- login id. •·:_i· 1 --.~·--·:_..,.,.,· -,.rz:··
Password: Your current
netwoJk password
llum~m11 r1i- M
Descrlptlon: a name that H
1 _________ _,
identifies lhls mail
aocol.l t. You can also
set uP a percsonal m1:1il
aCC011.Jnt such a s gmail.
5. Clkk Next
Tllf! sc~911 to th~ lir;J/Jt
appeam with Server fieJd
.added 11 should be:
.imail'.sacnlacfaraca.gov.
6. Choose to turn on
Mail, Contacts, and/
or Calendars,
P.il,awori!
~~ : ;;:.:.:.; :··;;P.L ·'.?:.:.'. ":',~ =~~:_...;
_ 'Dff!iilJU~11 CSC •e!R~il
1. Choose Settings from Ille iPhone men1.1.
2. Choose Generall, then Passcode L.Qclk,
3,_ From here you can cliange your pa.ssood'.e, change
how qulckfiv lil'ie pa$$cod'e is required, aoo wllether or not y-01!1 want SMS IPrevcew (text meas111glng
preview} to be on,
Warning: You cannot rum off tile Erage Dal·a featlJi:e. If yoo he'¥e 8 failed pas.scode at!,empts, !he data will be eiased rrom your phol"I&
i
~ Oilllnge Pouco.r:fo !
1~~- :~:.~{-.:.~ ~~- 'R·~~~ v ~~.::.: :;0.~ -- ~dr'.j
fl Require Pa111C1otle lmmedialBIY > }J
7. Choose Done,
,.M
• ::; ..... J
-r~~ ::.":.- ~
6-. After y,ou choose O:N for Contacts or Ca ndars, you wilt be prompted 1o delele or add your l.ooal (i.Ph.one) contacl3 Io OuUook.
9·. You wJIJ be requlr,ed to enter a
4 i;Iig Passcade. You wim be
pr()n'lpte(I to enter y;our
paa$COde if you le.ave yom
iPr.one idl@ for 5 mintJleS-.
1l28J2010
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF ~-,.),:_ ..... .. ~·~--""'~
. .. , .. •-~,:~.:•~ :....::••,~.-..-:"; • !i". .. ::=' •• .~ . • I , : ;,. ... •-••• ~--:•·~~ ;.:.' ~:. 1 The purpose or 1hls ,Qo"ck Raferenoe Is, to assist yoo In selling up your Windows Molli!e devioe to receive Olly of Sarita Clara email.
1. Complete the Smar1Phone Aulharizatian form al'ld
return to ~he Help Desk.
2. Set up your phaoo 1o sync wilh lhe City's Exchange
SelWT ualng AotlveSync.
!::~~~~~;,~·;1~_:~;~~~~~~:;~;,;e Se~r;_ ~1i:1~}! .:~
1. From lhe Programe menu, choose Act'iveSync.
2. If it is lhe first time you have used your Wiooows
Mobile phone, yoo wlil be shown the fol owing
prompt:
To sync wfJh a desklop computer, laswJI
Ac1iV6Sync on your oomputttr and then COMOOI
Ibis devJce.
If yow- oo.mpaay supports .synr;i,w· d/t8atly
with i~ Excmmge Se-N61' you ca11 lit..w?
your dmlfc"'1 to sync with U.
CEci- Ille set up your device to syne with It link.
This- wl{1 sJa,t the proce8S for c.omrectlng your device lo th9 Cijy'.s e,,,:cmmge server.
Note; The City supports syncing directly wm, Its
Exchange Server. Tii@ City does WOT support
s:yncing wifli a des·ktop ccm:puter.
If YoLI have already synced your device 10, anolhar
K1urce, choose .Memt, Add Serv,er Sou1rce.
3. In lhe Server address ~era:, type
lmall,-$an~aclarac:a,g,cw.
4. Check I.he bo,x for This. server requires an
encrypted (SSL) 00111nect1on.
5. Click Nex1;
Qu'ick Ref,arence 4.3
h
NQw
ir I
1 IJ
ffii ~
~ U>0 $IITIO ~~'fl11T ~ Wtb lv.te~S Sl\n'«~.
~ lhl
~
ll!rl' rei11fte1<111~ed (SSl,)
\.,.,;.;;.;..;~;"'.;. ~ - . -""'-:;.1
•. o1 • . ' r.ver ( ®Ptinlied). ~-.:i: . •. _. ·:::.. .. •. ,,,-:,•_:•· .,. . ....,_.,,.·: - ·.-· ""-'-"-=-- , · ,:;:l.
6. Complele, lhe, fieJds as fol t:1Y1s:
llJsername: Yaur nefworlr. Javin /d_
Pu-sword: Ywr ~twcrkp~swor<i
Domain: Clly or Eleclrfc f,or 8VF employees.
7. c rick ihe Save password check box.
I City
~ s.a-,;,e lfflMDrd · (reqrired fOI' autam~ s:,,.nc)
------- Advanced.~ -.
8. Choose Next
9. Check !he boxes neO<t to 1Jhe d~.i you wouto' like to syochronr.z(! wilh ymn City's Outlook acoounl.
10. arck Flnlslil.
(llo~n b1,e ~ ~ w.1nl t~ ~'J:c:
!i11B
same~
' ~ &Alilil f;!IEJjT.ms
10l22i2009
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF I DMI ISJRUIVE OODE CMD UMBER 11 15
CITY li,!lcl!i 1 l!iGER,"S IDIREC1111E.f'i80CEDIJ 8E DUE: ;u dl 20091 SUBJE1Ci1':
PURPOSE:
PO LICV AS: TO Clil'Ya•'ll l·J ED
IOR ISSUED lllEVIC.ES:
Cl CHS: N'AM!mber 22, ,2008
USE OF CITY Rrnounots, IN Ii) NONl-OONHlilElNTIAL. NA TUFIE OF [NfllJR A llON llfN C T1r' rn.rnli' ENT
1.. The p:rin any PflJrpos:e of this DMD is to inf .lilll1 <1'111 m plo',leeS. llllat ~V equipRem andl s;ystens., and IDity vork localiions. as defined! oerein. are tllle so 1e propert',' of oo C'ily, aoo iilh a re nioor noted exceptions, a:re to be u~ for City buS<iness ofiv _ This. poiicy ap;plies to City-o med a:oo issued delliices. andl toe as:e of City netwonlk r Sl(Ste11<1., as.,ing1 City - o :vnedl and 1pmra:te de11ioes, indu:ding bat not In- edl to .Sna~phorres, 2_ .Aootber purpose, of lhis CMO is to inforn a I Ditv em ptoyees tbat pn'late or 1personall dDCt111ents, ~il1en mess.iges., elec1ronic rnes:sages lincluding text nessages, enia Is. e.tcJ, 11ate - Is, inforn:na ion, o:r liites placed in or on Onv equipRelll are ncit pmra·te, or conliidential andl rn~ be re\liewedl to asrertail woellBer saeb aiRrn nieabons cons itute Cit'I' miisiless .. As saeb, ernp1o• 1•ees
shci Id 001 have nv e:q,ect:ation of pmracv or amlidelllia1it'I' in any of these 0irrct111S1.inces_ This. VMD does not app:I•,' to toe confid'entiia rtv of personnel irecords 11a-n1.iined by · oo Htnan Reswrre;:; Oepartllent or t oe Finance lileparlment or oo oonflllemia'liW of bus.,iness and related - eRs ~ill'llin · oo depan11e.nt 11r,1 berre · oe enplo,yee wo~ksCity equ -prne t andJ S'i'sleRS. a:oo Cit'!' vork lkleations, are toe, sole pro;pertv of · oo Oicy and, with ninor eireplliom [as. ooted belkl in heR IN01_ 4 andier Sapell\lisor and lil'epartllent Headl Flespcinsib'ility and Aellionl. a~e liO be used for City business. onfv _
City enploy,ees are hereby in .raed that pri'late or personal docments, mitten ness;ages, electronic 11es~ liru:luding1 tert 11ess:-ai,es, e:rnaits., e1c..l. naterials, i fomati1m or liiles, placed in or o Ditv equ-pgent are, not pmra:te, or ai fid'en1iat Enployees shou'ld not ba,ie an',' expeci.itio n of p:rivacy or confidemiaITt',' in a:nv of . 005e CiirraJIJ'ISliilflCeS_
In order to1 ainduct City business, -ndadi'-Q res.,ponding1 to 1lBe need's of oi~irems and staff, City rn.i n~ ent aoo Dirtv eriplkl ees, when direc,red, rn~ needl to, aecess Oicy work foca timns and equipment of any erip1ovee woo is. abselll or ana\1ailable·_ Access liO toe w rk loea~ions and] equipnent rn:ay also be necessary
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF Pl UCY AS n PRUJA iliiE
D,ElJIICES::
CMD U BsER 11 5
fur pu s o rm .nitoring enployee volik l)erfonaarn:e and aioow:ct. Under e1ms.1mg 1pro\1i:Sions of the, fci , be Di reserves 1he might to rm nitor Ile u~ of City egu · llflllent "for any re:a.son, indudrmg ·l!he might 101 re\liew, audit :amll disdo:se al 1111:atit,ers s:ent ow:r or storedl in Oil)' lo~lliom or egu · llflllent systeas 10 emurre tnat uses arre in CCJ11plianoe wjl:h al laws inc!ludin11 ~ pyrighl ~aws anirll City IN]licies, indudinm 1-.e Di1.y Code ol Ethics &. Values.
On'ly Ci'tv approvedl and :authorized! :Sraairtphone devires are 1pe11rnitted to ~ s any Cily nei:wollll or s~•Slieas. The ap;pro !ed list of devices is a ainta·ned bv lnfo:11111:ation Tiedlmotog IITI aoo listed! on the Srn pnone Access Au1hor~a.tion Fon lfmn1 available h t llil l'T l-lelplileskl.
A u~er 'llm CCJ necits to City netwo,iks via n amhorized S111a111plw11e de-.•ia or serliire 11ua e:nsurie · ,Im alll cmponents. of bislher ·rieiess CCJmection riena·n as secure as bis , r 1Detwortk aceess. All Srn,iut pnone5 andl aim,ectio·ns 101 a:nv O"ll!y newrorl: or system s.lhal lbe used to conduct City oosiness and u ilized appropriately, responSlibl and ethica Iv. 1111 authorized Srniilrtpnone d1e \1 ia and serliire users sha 1., without e:u::eption, use s:eC11.1 ~e reuaote atxeSS proi:edures.
Enf on:euae.n of tni:S provision wil lbe by de'llice, passwords in aooo:rdlance· witn Ile City's passwol'd policy.
l\ior to irri ial use r CCJmectim 101 City netwoliks r syst.e1111s, autooriredl S.rn:a:f'llphone, devices, ~h are and related! services n u.st lbe 1~egi:Stered with IT ..
Cit enployees, con 11c1 ctor:s, or "'as 1oeed1ed"' staff in possession of a auh)Tized Srn rtpnone, device· sha I 001 na e 11odilica1ions of anv k" nd to the device, i'ts s:oft1N:are, aoo/or seMCe 1hat mav potenfa1 Iv ~ npronise, the integrity of City nei:wo:rb or s.i;stenis, witnowt the e:tpress writt,en allllfOVal o, IT. This includes, but is n~t [U11 ited to, split tunnel" llll, duall ming, non-standard! hard: ~ re or .security configu11c1trons. etc.
UJ'sers are, :ad\lised ·lihat p;plil2Me law rela1edl to public: recollfs rrn,ay requirie tbe p1111:due1io.n of rertain records on pri11a:te deviires. Users are ad!lis:ed to adhere 10 City OMO's related! to l)'llb1ic records and ,era ill retention to a\1 oill the. IN],tenti:al di.sdbsure, of informallion froni 1he·r pri:\late de,,jres, pa l1ii la11!ii1 toose users ~Ila recei\!e a stipend! for p ivate devires.
11tlh respect l:O Pu'b1ic Safely IOtlic:erS",. it is intiended ·l!hal. tnis C lill be, re:ad toge1her wilih 1he Public Safely Officers Piroad11JJ 'I Bill of ignts.
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF DHINIITIONS:
RE SIPl!JrJS 1B IUT'li' :
De,partrnent Hieads &
Slllperv~S!llrs
GMII UMB.'ER 11 6
"IDity eguipoent andl systrens, andl CiW ,'lort location$" is defiredl herei 10 include, but ll!Dt lie 1-.· ed lo, lie fo'llowing iteos vhether t.ev be owned, bought, used, 1paid for, leased, bom1wedl, or gi:ren to areas aoo the City: oirk Sjpares, iles!ks, lockers, !At',' irel'iides andl eql-J · pr1ent, corn IX)ter andl 'l!ideo equipoen printers, copiers, su ~plies, te/lepl'iones, n ihi , data ten i a'ls, tax n achines, rc1dio:s, m a~., te_xt 11essa;ges, other n!i!:ill and electro ic messaging s:er11ires, voioe mail andl Internet ser11 ices las as5!igned, incud· ~ chats, newsgroups, and Internet a1a II, or any iiles
"IDitv bus· ness"" inc:Juiles, but is oot rir1 ited to., CCJ nduc1il'll) 1he, business. of 11he nv of Santai Chra1 andl monitoming enplovee ,'lork 1performaooe and conduc1_ 1lff.lilu1ty 1ne,"' includes. en~ tlirne before and after , rk st.ft, k.111ch tor nea'I perimd brea'ks , and ~ p1rcwedl 11 aca ionl'otlher lleatre tine. "Snartpfwne" 11e,ms a n 'bile, l'iandheld device wi1h ad\l,mced feaiu res riire e-mail and 1nerne1 cap.i lities.
ACTION
l . Autborire issuance and db a 1u rage·n isu<Se· of Dity equipne:ru. 11r,1 o~k locations, c1 nd .S'narljp'hone devices. ~pro oe replilttae:nt of loS1~ stolen or dana<JJed CiW·owned devices. Replilter11em CCJsts wil lie charged to, tl\e, user's d~ 11trnen1, which is then res!pon~blie, for handliag reirnih urse:rn.ent of City fo nds. 'Vii h s:aid user. Repli!;eeaem arid ll te 11a:nce CCJ<Sts for an'( personal· owned delliires are ~he sole responsihilit',' of tl'ie eraployee.
2. llndierstand that t he C'ity's security software for the lnterne1 ma•t reco rd for 11<1 nageoent u~ the Internet ad:dress or sire 1Jisited bv he eu;plovee and keep record of any 111et11,,1 o~k at1illii11:y in li\lhich the, er1 plo-ree 1lransniil.s or reoeil/eS. any kioo of file; 1he, dele~ion of a nessage or file, fiorn1 sorne e'lectronic s.yste:rns nay not fully erirn · nate the 11ess:a;ge ho11 ~lie svste11_
3. IUndier.standl that "any wri~ing containilg · nforn!dlion rel 1c1ted to the, conduct
of the 1public''s !business., l)repared1 011r,1ned, used or ret:a · ned bv ,mv state, or locall illJe:ncv regardless of 1ph•t~icall for11 or cl'laracteris1ics"" l[Goom:rnaent Code, Seclion 62521 and under 5one i:iirc:unstil nces., C00111unic:.ations. sem by ea.iii, 11ay be su'!Jject to disc:Josure niler ~ e fu lie Record's Act or llitiga11ion
4. INot vithstandint1 stateoents ii the CM!J to the conlm y, oooi5!ional ure of City equipoent by an employee, during off-duty ~irne, iLe• ..WP·~ of a personal letter during1 lie lunch pe~iod, or use of <11 telephone for urgent reasons lsee CM ll 1,8 , 11ay be granted! f11«1 ~irne to ·~irne at 1he· discretion of and upon ~lie Ii'.! 1!3 0f6
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF 1111 E111 ployees]U$erS
CMD U B:ER 11 15
approval ol the IOeparrtraent Head ..
5.. Jin addition, uses b•,' Oil'!,! eni:plo ees:, darning oiff-duty tine, of Sjpeciliic Cily equ.ipiaern 1n abo be allowed where· ce11c1irl fees for U$e of his: equipment lhaire been 1es.-m:c1 blis!hed li.e_, 11im ;al a:J;PVing, r use of a tci:r: n:adlrine,, etd6. IM;anagers: and] s11Jperuirors woo are· autioorized l:O seNe ;as offioers of a 1Prnfes:siona'l society nd/or ilcSsociation i11 aooo:r d1cince with VMD 49, ;and who bave auiliowed use of City 1riesoo:rres: iin aerordra I vilh the provisions:
of 1ha1 DMIJJ~ sho11Jld not haire e1peeta ions: of IJ}rnracy r eonfidenfrafrty of inforaatio 01 files pJ;a:cedl on City equ'°enL
7. Become i fom1edl aool com ply with 11!,e pc11licies of his CMR
8. li)o, oot use Ditv equip1r11mt, 111iork loealiions, r authomired a~s: to Cily networ~s 01 S!(Stem<S imp:ropei:ll•r- lnp,roper use· ineludes an 1per:ronall use for com.re iem:e or proliit 1Pl~yi11,g of games, 01 use 10 comrev de:rog:c1tory, .tar1atory, o:bscene, or o herwise inappropriate actio11S or1111essages: r illlfl' inforaation unrelated] to City bus.ii nes:s_ f ersolliill irnaiL ipadka!iJes:,. er cat:c1 logs:
should not be received! or $ent usi 1J ;a, □ niqpa:1 address:.
9. 15m;ployees sit.al ke re;aso hie 1rn.eas11Jres to, s:a1feg11J;ard Dity propeft'i' ;and systens lo pre'i.•ent los:s or d;amage_ In 1he1 event an~• City-owned or issued devire or ]Pmrailefy-CJ mecll Sn;a:rtip'hone is los:1 r s e1en, or fue oca.urem:e of any incide t or saSlJ)ectied incide t of unaulhoriredl ;acres:s and~ or disclosure of Di reso rces~ d.e u~r s!llal inmm liitlelf repc1rt sueb ·ro hisi!her supe1"'i~r and the IT Help Oes!k. Serai&e wi I be1 im11edia1ely term inalied_ !Users shoo.Id n mediate.ly re,ort 10 lllisJber super,.,is:cr and the· IT !Help Desi if 1he de\lice· is, 1~eoovered_ IT wi I wolik with the us:ei to res1orie s:ei"'ioe as:
quid ly ;ac5. possible_
m. Tile pmvisiolls of 1his DMD also apply to enplo~ use of n,im-Oi is5'Jed eq11ipme111 IMI Sf;Stiel"lls b~ ht in o wo locallions andl U$ed for Ditv lbus.iines:s_ Eaployees 11 ti 1ziR1J non U;i 'l',is:suedl eq igimem assume 1resipons.iibility for ·llhe i-ep:a·ir er replacemnt o such eq,uQDe t, iooJuding ,S111;artp'hones:.
11 . IN~ i11 ~his CMIJJ1 is -mend~dl 10 or sha111 be oons-mrued as ;affectino · he duty and! obliga1ion of C'.ity emp1o~le!e5 to n;a intain the co fide frafrty of City documents and i11fo11mil1mri r which the ernp1ov,e,e bas areess 10 thiroo:gh bis or ]her en,pl0,ynent with the City_ I is al5o oot i endedl to oor s!t.a111 i 11,e construed as: gra ting access 101 mm-Cit',' em plo.,.ees: 101 o'lherwis:e cordiidenl!iall C'ily doeu erits and i fonutio 11.
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF IT Department
CMD U 8;Eft 11 1ii
112'.. 1Enp1o ees slwuld understand tnat d-ie Oity's. seairit',' soft wre for d-ie I ntemet 11c1r record for 11a vement use IJlle lnterne address or S!ite lliS!ited b'i' 1he, enplovee andl lree,p a1 reaird of a:n'i' net vork acti:-11itv i waich 1-ie e11ployee · rans-11 · s or receil.res any kiool of files. Any 1reeoFd!s tr,ansnitted or rece:i'led are reamled andl stored in an ardhi'le file; dele1ion of a111ess;• or lile flrcn sore elecuonic systern!S IHV not fully e~n inate, 1he 11essc1 ge, horn1 the system ..
113:. IUnderstandl tnat ·"any wri ing containin;g infolilll:atiion rel!ated to tne, conduct of the public's business, 1preparredl, owned, used or reta·ned by any state or locall .-uencv reg'ardless of 'i'sii ea l for11 r diaracteliislics" l[Gorecrmen Code, Seciion 625121 and under sore ciraimstc1nces., 0111111unieatimns. sent by m a I, 11ay be,suhjectto disdosure under· be fublic R'fllDOrd:S Act or lli'tig•a1ion. 114. 1511:plb ees should undeirs and 111lat the City's netwo~k all1a ~ -M nagenent o access enployee passwords. Upon 1reri;iies enployees sha111 p:ro•,ide· their systens pass vmds to, tneir Oep,utnient Head to allow access to al liles and systens in the, enplo,yee,'s absence, or as ~ .uiredl l ocllleirs., deslcs, fiites or otlher secured Cit',' equipmmt, syslerls, or wo11k locations,. na,y also be accessed by the Cit','.
115i. 1511:plb ees s/llall not kno vi~lrv use, City egu·Jlllent or syste11!S, or Cilty wod:. locations, to doi,,1nloadl or distribute p:iFatied soft re or d!ata, or to, violate Penal Code, Seciion 502, .a;~plica le fed'erall l!a,ws, Cit'!' poflcies.. rules and regula1ions, incltrafog tne, Oity's Code of IE hies. & V: foes. En pl1a ees .s/llal not use, ·IJl'le Dity''s. eguil)O'en S'i'stens or wod:. locations. to disrupt or destroy · 1-ie Cit'!"s, progr,n synens, nor sna I lley atten pt to disable any secarity systen.
11 . \faoll;ition of dris policy, tnroogn d"ree1 ,ac1ion on the part of the er1 pto ee·, or through eareles:mess or negligence:, 11av result in for11a'I dristjplina rv ction, up to, and inc1uding1 te1111inati11 n ..
U . Unit 9 e:rn pfo',•ees s/oould understand that Snan11oone devices ·llhiey o rain through tne asS!istance, of an a lowance progral'I are considered personal devices. and re und'ei tllle ownership of tne e11p1o•,"ee. A I serllioe, 11airltenance, and replacem:nt aists, are the resipons;,ibifltv of 111-ie en ployee·. 118:. Ill reserll'CS, tbe, riigb to terminate witnoul notice any audwrized Snartphone devjce, sell\lice, andl a:ccess to City netwoik or S','sten that n a'i' resuft in a1 1potemia'I seairit'I' risk to City netwo~k sys ms, da1a, users, 1resmm:s and\ or o~her City asseu. andl resources.
1191. IT 1reserves. the rigll1 10, perfo11111 a 1re:rn e, ~ pe ol a1 usel".s ,Sniarl1])'holle.,
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF CMD U B'.ER 11 6
erasing1 al dl.ita1 and co111:ents. if 't.e:r,e is a reas:oRable· belief that the dev;ice has: been ai111pronised andJor poses a1 1J41tenillial security 1risk o CiW oetwo systms, d:ata1 se , reside11.ts and/or o~ber Cit',' assets a resimrees_
20. IT wi I p:ro'lide, 11i11irn:a1 pp«t for pmratel' -o rmedl approved] and ,au 'horiz:ed .Snart;phone de'-lices_ This: supi:ioll'I is limited] o sic doanentation 10 enable tile user to connect the d'evice· to, Citv oetwolliks ,and system. a di baS1ic trou'blesoooliinm to det,ernine. if any ai 11ection problems are on lhe Citv S1ide or o □tside 01r ·lffle Oity'.s oon~rot A I addition.ii teebniCill and rune ion qµestionsJ~s:sues sh.aU be the responsib~it'I' of the user_ 8111estions remaiding his OMO 111ay be addressed] to he 011:i,'s lif recto1 of Huma n Re.sources_ Clos:; flefeJence:
CMD 3 - Overnight Ill'~ of Uly ~ebides
CMD J:J -Transaction of IPeirsonal ]Business liJ ng Working rs.
CMD 4g -]Members.Imp i Prof,essionall Societies aool Assoei<1tions CMD 7B - P'ersonal Use of Cit'i' Telephones
Citv Code, of [dries & ValJes [Attac!nent to, OMDI 67, Gifts & Favors to 111fo1id'.uals:) 302407.10
EXHIBIT C
Severance and Release Agreement
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF 302407.10
SEVERANCE AND RELEASE AGREEMENT
This severance agreement is made and entered into on ________________, by the City of Santa Clara ("City") and Glen Googins ("Mr. Googins"). The City and Mr. Googins may be referred to collectively throughout this agreement as "the Parties." The effective date of this Agreement shall be the date of the signature of the last of the Parties to sign this Agreement.
RECITALS
WHEREAS on or around MONTH__, 2022, _______ began their employment with the City as the City Attorney;
WHEREAS on or around MONTH__, 2022, the City Council approved an employment agreement ("Employment Agreement") with __________;
WHEREAS Mr. Googins holds an at-will position under the City Charter, and serves at the pleasure of the City Council;
WHEREAS Sections 1 and 6 of the Employment Agreement permits the City Council to terminate Mr. Googins’ employment at any time subject to certain conditions; WHEREAS the City Council has determined it appropriate to exercise the right under Section 6 of the Employment Agreement to terminate Mr. Googins’ employment; WHEREAS it is the intention of the parties in entering into this Agreement to amicably conclude the Employee’s employment relationship with the City effective____________ (insert date) ("Separation Date") and consistent with the terms of the Employment Agreement; and, WHEREAS the Parties enter into this Agreement in order to implement Subsection 6.2 of the Employment Agreement and ensure a smooth transition of City leadership.
NOW, THEREFORE, in consideration of the promises and mutual obligations of the Parties, the sufficiency of which is hereby acknowledged, the Parties hereby covenant and agree with each other as follows:
TERMS AND CONDITIONS
1. Incorporation of Recitals. The Recitals are incorporated herein by reference as though fully set forth herein.
2. Return of Documents. Mr. Googins agrees and represents that no later than _________ (insert date), they will return to the City all City property of which they have possession, custody or control, including, but not limited to, computer, electronic and telephonic equipment, as well as all City data and documents whether in hard copy or maintained on any electronic media.
3. Non-Disclosure of Confidential Information. The Parties acknowledge that as City Attorney, Mr. Googins is a high-ranking official and an officer of the City; in that capacity they were and are responsible for, among other things, advising the City Council and all
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302407.10
City department heads in matters of law pertaining to their duties and representing and appearing for the City in any or all actions brought against the City or its employees in the course of their duties. Consistent with their Employment Agreement and the City Charter, Mr. Googins represents and agrees that they have not and shall not at any time or in any manner, either directly or indirectly, whether or not for compensation, use, divulge, disclose or communicate to any person, firm, corporation or any other entity in any manner whatsoever any confidential information concerning any matters affecting or relating to the business of the City except with the express written permission of the City or as required by court order or properly-issued subpoena. Such information includes but is not limited to, any attorney-client communications and attorney work product, or any of the information concerning the business of the City, its manner of operation, its plans, or other proprietary data where such information is not publicly known and is not otherwise subject to public inspection or disclosure.
4. Defense and Indemnity. Consistent with their Employment Agreement and the City Charter, in accordance with the obligations imposed under Government Code sections 800 and 910, the City shall defend and indemnify Mr. Googins for any actions that result from work performed in the course and scope of their duties as the City Attorney for the City of Santa Clara.
5. Information Regarding Employment. Subject to any applicable law, the City agrees that all inquiries with respect to Mr. Googins’ separation will be referred to the Mayor who will provide only the following information: (a) the date of hire and date of separation; (b) that this is a mutual and amicable separation based on a mutual desire to terminate Mr. Googins’ services and provide a smooth leadership transition.
6. Personnel File Documents. No documents shall be entered into Mr. Googins’ personnel file after the effective date of this agreement without both parties approving the entry of the document.
7. Release of Claims. Except for the rights and obligations created by this Agreement, Mr.
Googins, on behalf of themself, their agents, representatives, attorneys, assignees, heirs, executors, administrators and successors in interest, hereby releases and forever discharges the City and all of its past, present and future Councils, agencies, divisions, and departments, as well as each of their respective former, current and future directors, department heads, supervisors, Managers, employees, attorneys, elected and appointed officials, Councilmembers, City Managers, and any and all of them (all of the above collectively, the "City Released Parties"), to the extent permitted by law, from any and all liability, actions, causes of action, claims, charges, complaints, demands, grievances, obligations, losses, damages, injuries and legal responsibilities, of any type whatsoever, whether known or unknown, unforeseen, unanticipated, unsuspected or latent, which Mr.
Googins ever had or held, now has or holds or hereafter can, shall or may have or hold against the City Released Parties, based on any claims or occurrences arising prior to the Effective Date of this Agreement (collectively, "Released Claims"). The Released Claims defined in the immediately preceding sentence and released herein by Mr.
Googins as to the City Released Parties include, without limitation, all claims based upon, relating to or arising out of Mr. Googins’ employment with the City, and/or the discontinuation of said employment, all claims in law, equity, contract and tort, and all
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF 302407.10
claims under the California Constitution, California Civil Code, California Labor Code, California Code of Regulations, California Government Code, California Business & Professions Code, California Fair Employment and Housing Act, California Family Rights Act, the California Workers' Compensation Act, the Fair Labor Standards Act, the Equal Pay Act, National Labor Relations Act, Labor Management Relations Act, Employee Retirement Income Security Act, Title VII of the Civil Rights Act of 1·964, as amended, Civil Rights Act of 1991, Americans with Disabilities Act, as amended, the Rehabilitation Act, Executive Order 11246, Family and Medical Leave Act, Sarbanes-Oxley Act of 2002, Worker Adjustment and Retraining Notification Act, the Consolidated Omnibus Budget Reconciliation Act, Age Discrimination in Employment Act (ADEA), the Code of Federal Regulations, and all claims under any other federal, state, municipal or other governmental statute, regulation, ordinance or order.
8. Mr. Googins specifically and expressly waives all rights under the provisions of Section 1542 of the Civil Code of California ("Section 1542 Waiver") with respect to the Released Claims. Section 1542 Waiver provides as follows:
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.
Thus, for the purposes of making a complete settlement of the Released Claims which Mr. Googins may have or claims to have against the City Released Parties, Mr. Googins waives and releases any and all Released Claims against the City Released Parties, including Released Claims which are unknown and unsuspected as of the Effective Date of this Agreement. Mr. Googins warrants that they have read this Agreement, including the Section 1542 Waiver, and have had an opportunity to consult with counsel of their own choosing about this Agreement and specifically about the Section 1542 Waiver, and that they understand this Agreement and the Section 1542 Waiver. Mr. Googins acknowledges that they may later discover facts different from or in addition to those now known or believed to be true regarding the matters released or described in this Agreement, and even so they agree that the releases and agreements contained in this Agreement shall remain effective in all respects notwithstanding any later discovery of any different or additional facts. Mr. Googins assumes any and all risk of any mistake in connection with the facts involved in the matters, disputes, or controversies released or described in this Agreement or with regard to any facts now known to them relating thereto. Mr. Googins agrees, to the fullest extent permitted by law, that they will not initiate or file a lawsuit or internal City proceeding to assert any Released Claims. If any such action is brought, this Agreement will constitute an Affirmative Defense thereto, and the City shall be entitled to recover reasonable costs and attorneys' fees incurred in defending against any Released Claim.
9. Mr. Googins acknowledges that they have not heretofore assigned or transferred to or purported to assign or transfer to any person or entity the Released claims or any part or portion thereof, and agrees to indemnify and hold harmless the City Released Parties
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from and against any claim, demand, controversy, damage, debt, liability, account, reckoning, obligation, cost, expense, lien, action or cause of action (including the payment of attorneys' fees and costs actually incurred whether or not litigation commenced) based on, in connection with, or arising out of any assignment or transfer or claimed assignment or transfer thereof.
10. Entire Agreement. This Agreement supersedes any and all agreements, either oral or written, between the Parties with respect to the severance of Mr. Googins’ employment relationship with the City. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party that are not contained in this Agreement. No agreement, statement, or promise not contained in this Agreement shall be valid or binding.
11. Applicable Law and Venue. This Agreement shall be interpreted according to the laws of the State of California. Venue of any action regarding this Agreement shall be in the Santa Clara County Superior Court.
12. Modification. Any modification of this Agreement shall be effective only if it is in writing and signing by all parties to this Agreement.
13. Severability. If any part of this Agreement is determined to be invalid, unlawful, or unenforceable, that part shall not be deemed to be part of this Agreement.
14. Legal Advice and Voluntary Execution. Each Party represents and warrants that it:
(a) had the opportunity to obtain legal advice from legal counsel of its choice before entering into this Agreement, (b) has read the contents of this Agreement; (c) fully understands the terms and consequences of this Agreement; (d) enters this Agreement voluntarily; and (e) shall not deny the validity of this Agreement on the grounds that it did not have advice of counsel or did not voluntarily and knowingly enter into this Agreement and agree to each of its terms.
15. Full Execution Authority. Each Party executing this Agreement warrants and represents that it or they have full authority to bind the corresponding Party to this Agreement.
16. No Admissions. By entering into this Agreement, the City Released Parties do not admit that they have engaged in, or are now engaging in, any unlawful conduct or employment practice. It is understood and agreed that this Agreement is not an admission of liability, and that the City specifically denies liability related in any manner to Mr. Googins employment. The Parties agree that it is their mutual intention that neither this Agreement nor any terms hereof shall be admissible in any other or future proceedings against the City, except a proceeding to enforce this Agreement.
17. Acknowledgment of Payment of Compensation/Benefits. Mr. Googins acknowledges and affirms that they have been paid any and all compensation to which they are entitled pursuant to the terms of the Employment Agreement.
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF 302407.10
18. Tax Consequences. The City has made no representation about and takes no position on the tax consequences of this Agreement. A dispute regarding the tax status of this Agreement shall not affect the validity of this Agreement. Mr. Googins has had an opportunity to discuss the potential tax consequences of this Agreement with their own counsel and agrees to indemnify and hold harmless the City from any and all costs and assessments including, but not limited to delinquent taxes, penalties and/or assessments levied against the City in connection with this Agreement.
19. Older Workers' Benefits Protection Act. It is the intention of the Parties that the releases contained in this Agreement apply to all claims of any kind against the City. In order to comply with the Older Workers' Benefits Protection Act (29 U.S.C. § 626(f)) and effectuate the release by Mr. Googins of any potential claims under the federal Age Discrimination in Employment Act, Mr. Googins agrees as follows: (i) they have carefully reviewed the foregoing Agreement, and understands the terms and conditions it contains; (ii) by entering into this Agreement they are giving up potentially valuable legal rights, and they intend to be bound by all the terms and conditions set forth herein; (iii) they are entering into this Agreement freely, knowingly, and voluntarily; (iv) they have been advised of their right to at least twenty-one (21) days to consider whether to agree to the terms and conditions set forth herein; and (v) for a seven (7) day period following their execution of this Agreement they may revoke this Agreement by delivering a written revocation to City, and this Agreement shall not become effective nor enforceable until the revocation period has expired.
THE UNDERSIGNED HAVE READ THE FOREGOING AGREEMENT AND ACCEPT AND
AGREE TO THE PROVISIONS CONTAINED HEREIN, AND HEREBY EXECUTE IT,
KNOWINGLY AND VOLUNTARILY AND WITH FULL UNDERSTANDING OF ITS CONSEQUENCES.
___________________________
Name:
Title:
City of Santa Clara
Date: ______________________
___________________________
Mr. Googins
Date: ______________________
Approved as to Form and Legality:
___________________________
Name:
Special Outside Counsel
Date: ______________________
___________________________
Name:
Attorney for Mr. Googins
Date: ______________________
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF 302407.10
EXHIBIT D
City Manager’s Directive 028 Travel Policy
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF City Manager’s Directive 028
Travel Policy
DATE: JXO\ 2022 CMD 028 Page 1 of 12
CANCELS: June 19, 1997
POLICY The City of Santa Clara (the “City”) expects to pay all reasonable costs incurred by City employees traveling on approved City business; and City employees are expected to use sound fiscal stewardship when expending public funds, and to travel in the most logical and least expensive manner possible.
PURPOSE The purpose of this Travel Policy (the “Policy”) is to define the City’s expectations of its employees who travel in connection with their work responsibilities and to clarify which expenses the City will fund and which expenses are considered the personal responsibility of the traveler. This policy is not intended to cover short trips during work hours made by employees in the course of their regularly assigned work duties.
Local Travel Local travel is travel necessary to conduct official City business and is performed by the most direct route within and adjacent to an employee’s official worksite. Local travel is defined as less than 50 miles from the employee’s home or place of business, whichever is the shortest distance. Compensation shall be based upon the number of miles between the travel destination and either the employee’s designated work location or residence, whichever is the shortest distance. The City will not pay for lodging or per diem meal expenses related to local travel as defined above. The City will pay for transportation and parking costs related to the local travel.
Employees can settle their allowable local travel expenses through the petty cash reimbursement process if the request is less than the petty cash limit at the time of reimbursement. Requests larger than the petty cash limit require an accounts payable request for payment.
Conference
and Meeting
Attendance
City employees shall be authorized to join professional and public organizations and attend the meetings and conferences held by such organizations subject to adequate budget appropriations and adherence to this policy.
General
Procedures
and Guidelines
The Policy shall be reviewed annually by the City Auditor’s Office to ensure its consistency with respect to the City's objectives and any modifications must be approved by the City Manager.
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF City of
Santa Clara The Center of What's Possible
CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 2 of 12
CANCELS: June 19, 1997
Travel
Authorization
A. City Manager Pre-Travel Authorization Form Required.
City Manager (or designee) authorization is required in advance of travel or the commitment of City funds for the following:
x Travel by Department Directors
x Out-of-State travel by any staff
x Any exception to this policy
Authorization shall be sought via submittal of a Pre-Travel Authorization Form (Attachment A).
B. Department Director Pre-Travel Authorization Form
Required.
In-state, overnight travel requires the approval of a
Department Director via submittal of a Pre-Travel
Authorization Form in advance of travel and the commitment of City funds.
C. Department Director or Designated Supervisor
Authorization Required.
A pre-travel authorization form is not required for local travel as defined above, where meal reimbursement, overnight or out-of-state travel is not concerned. Employees are required to obtain approval from their supervisor prior to any business travel for which the City is expected to pay for mileage, bridge tolls and/or parking. This approval can be via email, with a copy of email approval submitted with travel costs. Itemized receipts are necessary to receive reimbursement for all expenses whether through petty cash or accounts payable request for payment. An employee may not approve their
own travel documentation under any circumstances.
Travel
Arrangements
Travel arrangements shall be made as far in advance as possible to obtain the best possible fares and rates. Registration for conferences and training shall be made far enough in advance to take advantage of early (discounted) fees, and to avoid late
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Santa Clara The Center of What's Possible
CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 3 of 12
CANCELS: June 19, 1997
registration fees. If travel arrangements must be cancelled for any reason, the person who made the arrangements shall cancel them in sufficient time to prevent the City from incurring unnecessary costs when possible.
At the Department Director’s discretion, one or more persons may be designated as a Travel Coordinator and be assigned
responsibility for making travel arrangements for all business travelers within a department. It is the City’s preference that all travel be booked by designated Travel Coordinators using their City Procurement Cards to secure travel arrangements ahead of all travel. Individual travelers may make their own travel arrangements with their personal credit cards and be reimbursed if it is not feasible for a travel coordinator to do so.
Transportation Travelers shall use whatever mode of transportation is the most reasonable and least expensive. When planning the transportation portion of a trip, the employee shall consider all aspects of cost to the City including daily expenses, overtime, lost work time as well as actual transportation costs.
Use of a mode of transportation other than the most reasonable and least expensive must be documented and have advance approval from the employee’s Department Director. The City will pay only the cost of the most reasonable and least expensive mode. If the mode of transportation is determined to be a City vehicle, the traveler shall comply with the City Manager’s Directive (CMD) 21 Use and Maintenance of City Vehicles Including General Government/Public Works Pool Vehicles. The difference between the selected mode and the least expensive mode shall be documented and considered the employee’s personal expense at the time of travel authorization.
This paragraph does not apply to special accommodations made to qualified employees under the Americans with Disabilities Act provided that the alternate mode of transportation is approved in advance.
A. Air Travel.
Employees shall not limit their air travel options by specifying an airline. The airline offering the lowest fare for a reasonable route shall be selected.
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF City of
Santa Clara The Center of What's Possible
CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 4 of 12
CANCELS: June 19, 1997
B. Use of Personal Vehicle.
With the exception of employees who have been assigned a City vehicle or who receive a car allowance, employees shall be compensated for the use of their private vehicles for business travel at the current IRS standard mileage rate, provided that it is the most reasonable and least expensive method of transportation. Compensation shall be based upon the number of miles between the travel destination and either the employee’s designated work location or residence,
whichever is the shortest distance.
Employees that receive a car allowance and are required to travel greater than 50 miles from their work location or residence, whichever is the shortest distance, are eligible to be compensated for the use of their private vehicle for business travel at the current IRS standard mileage rate for miles traveled over 50 each way of the trip (e.g. if travel destination is 80 miles from the work location and 70 miles from the residence, then the employee will receive
reimbursement for 20 miles (70-50=20)).
Employees who do not receive a car allowance may also be compensated at the current IRS standard mileage rate for the use of their private vehicles for routine travel on City business between City facilities or to other locations in Santa Clara or the adjoining communities. Compensation shall be based
upon the number of miles between the travel destination and either the employee’s designated work location or residence, whichever is the shortest distance. Employees must keep a log of such routine travel using the Mileage Reimbursement Log (Attachment C). Expense reimbursements for this type of mileage must be submitted monthly.
The City will reimburse all expenses, such as bridge tolls and parking fees, incurred as the result of an employee’s
authorized use of a vehicle while traveling on City business.
Employees requesting reimbursement for the payment of
such expenses shall obtain itemized receipts and submit them as part of their travel expenses on the Travel Expense
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF City of
Santa Clara The Center of What's Possible
CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 5 of 12
CANCELS: June 19, 1997
Form. Also, whenever possible, employees attending the
same event shall travel together to minimize expenses.
To drive a City or privately-owned vehicle on City business an employee must possess a valid California driver’s license. An owner/driver of a privately-owned vehicle used for City business must carry adequate liability insurance coverage in accordance with applicable State law, and be responsible for any damage, service, or repair to the car occurring on the trip, as these costs are included in the City’s per mile cost reimbursement.
In addition, the employee shall charge any additional
personal time spent outside of the normal reasonable travel time during normal work hours to vacation or a similar leave.
C. Train and Other Mass Transit.
Employees shall be compensated for train or other mass
transit fares and fees provided that it is the most logical and least expensive method of travel to the conference,
conference related events, or meeting site. Any incremental cost beyond the basic cost required for the employee to attend a conference or meeting shall be paid for by the employee. In addition, the employee shall charge any
additional personal time spent outside of the normal
reasonable travel time during normal work hours to vacation or a similar leave.
D. Ground Transportation at Destination.
Supplementary transportation within the destination city shall be accomplished by hotel courtesy buses or local shuttle services, if available. Taxi or ride-share (Uber/Lyft) service shall be used only when no other convenient, less costly mode of transportation is available for the employee to travel to the conference, conference related events, or meeting site.
Any incremental cost beyond the basic cost required for the employee to attend a conference or meeting shall be paid for by the employee.
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF City of
Santa Clara The Center of What's Possible
CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 6 of 12
CANCELS: June 19, 1997
E. Rental Vehicles.
Rental vehicles shall be used only when no other mode of transportation is available or when alternate transportation would be more expensive or impractical and must be
authorized in advance by the Department Director. If a rental vehicle is authorized, employees shall request the least expensive vehicle category that meets their needs.
Employees are required to purchase and shall be reimbursed for optional insurance coverage for the rental vehicle.
Optional insurance coverage shall include Damage Waiver (DW) (also referred to as Collision Damage Waiver (CDW)) and third-party liability coverage.
F. Travel Time.
Travel time is compensable under certain conditions identified in the Fair Labor Standards Act (FLSA). As a charter city, the City follows current FLSA regulations for determining the compensability for travel time. The FLSA regulations are available at:
http://www.dol.gov/whd/regs/compliance/whdfs22.htm
Lodging The City will pay lodging expenses for approved City travel, including the evening preceding or subsequent to a meeting or business event when the employee would otherwise have to travel from his/her residence before 6 a.m. or after 9 p.m. to reach or return from his or her destination. Local travel, as defined previously in this policy, does not qualify for City paid lodging expenses.
Employees are expected to use the most cost-effective lodging reasonably available. When a conference or training session is held at a specific hotel, the City shall pay for actual lodging expenses up to the standard lodging rate advertised by the conference or training sponsor unless approved by the Department Director as part of the travel authorization process.
When there is not a specific lodging site associated with official City business, the City shall pay for actual lodging expenses up to the
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF City of
Santa Clara The Center of What's Possible
CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 7 of 12
CANCELS: June 19, 1997
GSA maximum rate allowed by location
(http://www.gsa.gov/perdiem). Note that the GSA maximum rate applies to the base room rate only and does not include taxes. Any exception to applying the GSA rate due to the current market rates in the area of travel must be documented in writing and approved, pre-travel, by the Department Director.
Every effort shall be made to obtain lodging at or near the facility where official City business is to take place to minimize travel time and transportation costs. The lodging should also be clean, safe and appropriate for business travel. Government rates are often available and should be sought. The City will pay for standard room accommodations at the most cost-effective lodging reasonably available. Any incremental cost beyond that of a standard room shall be paid for by the employee unless a written exception has been approved by the City Manager (or designee).
Room reservations may be made in advance using a City
procurement card and the employee should request a copy of the hotel’s credit card authorization receipt as applicable. This will be used to authorize the hotel to charge the total room cost, including all taxes, on the Travel Coordinator’s purchasing card. Employees shall personally pay for any additional expenses incurred, such as movie rental, mini-bar bills, room service, etc.
Employees shall cancel any reservations for lodging they will not use. Any charge for an unused reservation shall be considered the employee’s personal expense unless failure to cancel the reservation was due to circumstances reasonably beyond the employee’s control.
Meals A. Overnight Travel
The City will pay for an employee’s meals during authorized travel, including tax and tips and incidentals, up to the per diem amount established by the GSA for the destination location (available at:
http://www.gsa.gov/perdiem) for a full day of travel. Per GSA, rules, employees are only eligible for 75 percent of the total per diem amount on the first and last travel day. The Meals & Incidental Expenses (M&IE) column will be used to generate the per diem rate for meals. Use the guide on http://www.gsa.gov/mie to breakdown
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF City of
Santa Clara The Center of What's Possible
CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 8 of 12
CANCELS: June 19, 1997
the per diem amount for each meal. For any meal that is provided by the conference or hotel the appropriate meal amount listed on http://www.gsa.gov/mie must be deducted from the reimbursement request.
The City will not pay for the following:
x Meals that the employee elects to purchase from another source when the meals are included in the cost of a
conference, training registration fee, or hotel stay. In the event an exception is granted due to dietary restrictions, the meal will be reimbursed on an actual expense basis, up to the applicable GSA rate.
x Alcoholic beverages.
B. Non-Overnight Travel
With regard to partial days of travel that is not overnight but exceeds the local travel guidelines detailed above, the City will pay for meals on a pro-rated basis using GSA meal amounts, as follows:
x If the partial day includes travel before 8 a.m., the City will pay for the employee's breakfast.
x If the partial day includes travel between 11 a.m. and 1 p.m., the City will pay for the employee's lunch.
x If the partial day includes travel after 5 p.m., the City will pay for the employee's dinner.
Miscellaneous
Fees/Business
Expenses
A. Gratuities/Tips.
The City will pay reasonable and customary gratuities and tips during City business travel, which are included in the standard per diem rate per GSA guidelines.
B. Business Expenses.
The City will pay for goods and/or services deemed
necessary for the completion of official business, such as printer, copier, and computer usage, etc.; for internet usage at actual cost and for all business telephone calls. Cellular phones are often more cost-effective than using hotel phones
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF City of
Santa Clara The Center of What's Possible
CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 9 of 12
CANCELS: June 19, 1997
directly and should be considered as a primary option.
Whenever possible, employees shall anticipate the need for supplies and shall take whatever they will need with them instead of buying supplies at their destination.
C. Baggage Fees.
If the airline charges for all checked baggage, the City will cover the cost for one checked bag only. Excess baggage charges are not reimbursable.
D. Personal Expenses.
Personal expenses will not be paid by the City. In addition to those items identified as personal expenses throughout this Policy, personal expenses include early bird flight check-in fee, change flight fee (except as otherwise set forth in this Policy), personal transportation costs outside of the
conference or conference event site, personal telephone calls, in-room movies, spas and gyms, optional recreational events in connection with a conference, laundry or dry
cleaning, miscellaneous sundries, or other items of a
personal nature.
Personal travel shall not be mixed with business travel if it will result in (1) additional costs to the City, (2) employee engaging in personal travel while be compensated, or (3) harming the City’s interest in any way. Any extension of a trip for personal travel must be accompanied by Director approval and supporting documentation of what the trip would have cost with the original business itinerary. The City will reimburse the lesser of the original business itinerary cost or the extended trip cost due to personal travel. Any additional cost from the original business itinerary must be covered by the employee. The City will not pay for any expenses of a spouse or other person who accompanies an employee on
business travel.
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF City of
Santa Clara The Center of What's Possible
CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 10 of 12
CANCELS: June 19, 1997
Settlement of
Trip Expenses
Payment of travel expenses incurred during the trip using City procurement cards is not permitted. Purchase cards may be used to pre-pay expenses such as flights, hotel, car rental, or conference registration (preferably by a Travel Coordinator) or may pay these expenses by invoice through accounts payable.
Allowable expenses per this policy during the trip are to be paid out of pocket by employees and reimbursed upon completion of travel.
The City will not provide any advance payment of travel costs directly to employees.
Travel
Reimbursement
All employee travel reimbursement requests require either direct supervisor or Department Head approval prior to submitting to the City Auditor. Direct supervisors can approve expense
reimbursement requests if there is no greater than a 10% variance between the pre-approved travel estimate and the actual expense reimbursement requested. Any reimbursement request with a difference greater than 10% of the pre-approved estimate must be approved by the Department Director.
The City Auditor’s Office is responsible for review and has final approval of travel expense reimbursement requests. Approval shall be based upon the employee’s compliance or non-compliance with the requirements of this policy. Once approved by the City Auditor, the reimbursement request will be forwarded directly to accounts payable for processing and email notification will be provided to travel coordinators and/or the employee.
Within 30 days of an employee's return from a business trip, a final, department approved expense report associated with the trip shall be submitted to the City Auditor to be eligible for any reimbursement. The employee must complete a signed Travel Form and supporting documentation to substantiate all reported expenses with the exception of meals, as these are reimbursed based on GSA per diem rates. The documentation should be in its original form and include the following, if applicable:
x Pre-travel request authorization as defined by this policy x Invoice and trip itinerary from vendor
x Event brochure or agenda for conference, training, or special event
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF City of
Santa Clara The Center of What's Possible
CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 11 of 12
CANCELS: June 19, 1997
x Any certificates of completion associated with event
x Airfare receipt showing the travel dates and time
x Parking receipts showing the travel date and amount paid x Transportation receipts showing the travel date and full address to/from the event location
x Car rental receipt showing the dates and number of days x Final itemized hotel bill or statement showing all charges x Documentation showing miles between destination and the employee’s work location or residence to substantiate the shortest distance driven for mileage
x A brief written explanation if a reporting item doesn’t have supporting documentation.
It is the employee’s responsibility to submit the travel expense reimbursement request within the specified timeline.
Uncompleted training will not be paid by the City unless the employee's failure to complete the training was due to a cause outside the employee's control as documented with a memorandum.
Advances The City does not offer advances to employees for travel.
Exceptions to
this Policy
This Policy does not claim to address all contingencies and conditions. However, any exception requires City Manager (or designee) approval in writing for anticipated/known exceptions or unanticipated/unplanned expenses. Requests for exceptions should be accompanied by the traveler’s written justification for the expense.
Examples of exceptions to this policy include, but are not limited to, the following:
x Unusual business expenses
x Per diem and/or lodging expenses which exceed GSA limits x The purchase of one or more meals from another source even though they were included in a conference and/or
seminar registration fee
x The use of an alternate mode of transportation
x Lodging expenses incurred during local travel
x Travel costs exceeding available budget appropriations
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF City of
Santa Clara The Center of What's Possible
CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 12 of 12
CANCELS: June 19, 1997
City Auditor to
Conduct
Periodic Audits
The City Auditor shall conduct periodic audits in accordance with generally accepted government auditing standards to ensure compliance with this travel policy. Audit results shall be submitted to the City Council.
Cross References:
CMD 49 - Membership in Professional Societies and Associations CMD 21 - Use and Maintenance of City Vehicles Including General Government/Public Works Pool Vehicles
Attachments:
A – Travel Authorization Form
B – Travel Expenses Reimbursement Form
C – Mileage Reimbursement Log
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF City of
Santa Clara The Center of What's Possible
302407.10
EXHIBIT E
Description of Job Duties
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF Description of Duties
for City Attorney
Charter of the City of Santa Clara, Section 908 City Attorney.
There shall be a City Attorney who shall have the power and be required to:
(a) Represent and advise the City Council and all City officers in all matters of law pertaining to their offices;
(b) Represent and appear for the City and any City officer or employee or former City officer or employee, in any or all actions and proceedings in which the City or any such officer or employee in or by reason of his/her official capacity, is concerned or is a party, but the City Council shall have control of all legal business and proceedings and may employ other attorneys to take charge of any litigation or matter or to assist the City Attorney therein; (c) Attend all meetings of the City Council and give his/her advice or opinion in writing whenever requested to do so by the City Council, or by any of the boards or officers of the City; (d) Approve the form of all bonds given to and all contracts made by the City, endorsing his/her approval thereon in writing;
(e) Prepare any and all proposed ordinances or resolutions for the City, and amendments thereto;
(f) Prosecute on behalf of the people all criminal cases for violation of this Charter and of City ordinances; and
(g) On vacating the office, surrender to his/her successor, all books, papers, files, and documents pertaining to the City’s affairs.
To be eligible for appointment as City Attorney, the appointee shall have been admitted to practice as an attorney at law before the Supreme Court of the State of California, and shall have been engaged in the active practice of law for at least four years immediately prior to his/her appointment. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF City of
Santa Clara
The Center of What's Possible
Description of Duties
for City Attorney
Santa Clara City Code, Chapter 2.25 City Attorney
2.25.020 Duties and responsibilities.
The City Attorney shall be responsible for the following:
(a) Advising the City Council, the City Manager and all City department heads in matters of law pertaining to their offices.
(b) Representing and appearing for the City and any City employee in any or all actions brought against the City or its employees in the course of their duties. (c) Keeping the City Council informed as to all legislation affecting the City government and processing all insurance matters and damage claims against the City. (d) Rendering written legal opinions when so requested by the City Council or the City Manager. (e) Attending designated meetings of boards, commissions and special committees of the City and representing City departments before State or local courts, boards or commissions. (f) Reviewing and approving the form of all City contracts, agreements, deeds and legal documents. (g) The preparation and promulgation of municipal bond issues and special assessment districts. (h) The preparation and promotion of State and Federal legislation proposed by the City Council. (i) Preparing and processing all proposed ordinances or resolutions for the City Council. (j) The preparation and handling of all City litigation or court proceedings. (k) Prosecuting on behalf of the people all cases of violation of the Charter, provisions of this Code or other City ordinances.
(l) Be responsible for the processing of annexation proceedings and assist in the acquisition of public land, easements and rights-of-way. (Ord. 947. Formerly § 2-31).
DocuSign Envelope ID: 0F7102F6-8C17-4858-A769-AD9FD96449DF City of
Santa Clara
The Center of What's Possible
Amendment No. 1 to Employment Agreement – Glen R. Googins Page 1 Rev. 10/25/19
AMENDMENT NO. 1
TO THE EMPLOYMENT AGREEMENT
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
GLEN R. GOOGINS
PREAMBLE
This agreement (“Amendment No. 1”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (“City”) and Glen R. Googins (“Employee”). City and Employee may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
A. The Parties previously entered into an agreement entitled “Employment Agreement” dated January 10, 2023 (“Agreement”); and
B. The Parties entered into the Agreement for the purpose of appointing and employing Employee as the City Attorney and associated duties, and the Parties now wish to amend the Agreement to adjust compensation and clarify procedures relating to performance appraisal and compensation.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 3.1 of the Agreement, entitled “Salary” is amended to read as follows:
3.1. Salary. Employee shall receive an annual salary of Three Hundred Fifty-Six Thousand Two Hundred Twelve Dollars and Fifty Cents ($356,212.50), less all authorized or appropriate deductions and withholdings, payable in pro-rata increments on regular City paydays, commencing on the first day of employment.
2. Section 3.2 of the Agreement, entitled “Adjustments” is amended to read as follows:
3.2. Adjustments. Following completion of the annual performance appraisal as described in Section 4 below, or at any other time within the discretion of the City Council, the City Council shall meet or otherwise communicate with Employee for the express purpose of determining any appropriate salary adjustment. In determining any appropriate salary adjustment, the City Council shall take into account any cost-of-living adjustments, but the ultimate decision regarding the timing and the Amendment No. 1 to Employment Agreement – Glen R. Googins Page 2 Rev. 10/25/2019
amount of any adjustment, including but not limited to cost of living, is within the sole discretion of the City Council.
3. Except as set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. In case of a conflict in the terms of the Agreement and this Amendment No. 1, the provisions of this Amendment No. 1 shall control.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:
Sujata Reuter
Chief Assistant City Attorney
LISA M. GILLMOR
Mayor
GLEN R. GOOGINS
Employee
Resolution/Update Unclassified Salary Plan (eff 12-22-2024) Page 1 of 2 Rev: 7/27/2023
RESOLUTION NO. 24- _____
A RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA TO ADOPT THE AMENDED UNCLASSIFIED
SALARY PLAN FOR THE POSITION OF CITY ATTORNEY
WITH AN APPROVAL DATE OF DECEMBER 3, 2024 AND AN
EFFECTIVE DATE OF DECEMBER 22, 2024
WHEREAS, the City of Santa Clara contracts with CalPERS to provide retirement benefits; WHEREAS, to comply with the California Code Regulations section 570.5, the City of Santa Clara shall among other things, have publicly available pay schedules approved and adopted by the City Council which shall indicate an effective date and date of any revisions; and, WHEREAS, as required by the California Code Regulations section 570.5 and as mandated by CalPERS, the City Council deems it to be in the best interests of the City to adopt the Amended Unclassified Salary Plan for City of Santa Clara classifications when there are salary modifications to existing classifications, and when new classifications are created and salary ranges need to be established or when existing classifications are deleted, with an approval date of December 3, 2024, and an effective date of December 22, 2024.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That the City hereby adopts the Amended Unclassified Salary Plan for the position of City Attorney reflecting the wage increase approved by the City Council on December 3, 2024.
2. Effective date. In accordance with the California Code Regulations section 570.5 and to comply with CalPERS, the attached salary schedule for unclassified positions, shall be effective December 22, 2024, and adopted with an approval date of December 3, 2024. //
//
//
//
Resolution/Update Unclassified Salary Plan (eff 12-22-2024) Page 2 of 2 Rev: 7/27/2023
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ____ DAY OF ____, 2024, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
ATTEST: ______________________________
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference:
1. Amendment No. 1 to Employment Agreement with Glen R. Googins
2. Unclassified Salary Plan eff 12-22-2024 (for Council 12-3-2024) City of Santa Clara
Unclassified/Elected Salary Plan
Effective 12/22/2024
Approved 12/3/2024
Minimum Salary Maximum Salary
Job Title Job Code Union Code Hourly Monthly Annual Hourly Monthly Annual Accounting Division Manager 109 9 $ 86.872788 $ 15,057.95 $ 180,695.40 $ 112.422346 $ 19,486.54 $ 233,838.48 Asst Building Official 222 9 $ 92.595404 $ 16,049.87 $ 192,598.44 $ 119.838923 $ 20,772.08 $ 249,264.96 Asst City Attorney 015 9 $ 107.617442 $ 18,653.69 $ 223,844.28 $ 139.274423 $ 24,140.90 $ 289,690.80 Asst City Clerk 010 9 $ 81.924000 $ 14,200.16 $ 170,401.92 $ 106.009615 $ 18,375.00 $ 220,500.00 Asst City Librarian 012 9 $ 93.769673 $ 16,253.41 $ 195,040.92 $ 121.350462 $ 21,034.08 $ 252,408.96 Asst City Manager 016 9 $ 138.876519 $ 24,071.93 $ 288,863.16 $ 179.714250 $ 31,150.47 $ 373,805.64 Asst Dir Of Community Dev 038 9 $ 105.985442 $ 18,370.81 $ 220,449.72 $ 137.780769 $ 23,882.00 $ 286,584.00 Asst Dir Of Electric Util 021 9 $ 127.039442 $ 22,020.17 $ 264,242.04 $ 164.405538 $ 28,496.96 $ 341,963.52 Asst Dir Of Finance 022 9 $ 101.105192 $ 17,524.90 $ 210,298.80 $ 130.845635 $ 22,679.91 $ 272,158.92 Asst Dir Of Human Resources 018 9 $ 101.105192 $ 17,524.90 $ 210,298.80 $ 130.845635 $ 22,679.91 $ 272,158.92 Asst Dir Of Pub Works/City Eng 071 9 $ 111.497827 $ 19,326.29 $ 231,915.48 $ 144.295269 $ 25,011.18 $ 300,134.16 Asst Dir Of Water & Sewer Util 014 9 $ 100.072731 $ 17,345.94 $ 208,151.28 $ 129.516115 $ 22,449.46 $ 269,393.52 Asst Fire Chief 024 9B $ 144.731423 $ 25,086.78 $ 301,041.36 $ 187.309038 $ 32,466.90 $ 389,602.80 Asst Fire Marshal 026 9B $ 111.007846 $ 19,241.36 $ 230,896.32 $ 143.657250 $ 24,900.59 $ 298,807.08 Asst Fleet Manager 046 9 $ 60.779942 $ 10,535.19 $ 126,422.28 $ 78.649269 $ 13,632.54 $ 163,590.48 Asst Police Chief 027 9A $ 153.086596 $ 26,535.01 $ 318,420.12 $ 190.489673 $ 33,018.21 $ 396,218.52 Asst To The City Manager 028 9 $ 98.837654 $ 17,131.86 $ 205,582.32 $ 127.903269 $ 22,169.90 $ 266,038.80 Audit Manager 201 9 $ 83.633538 $ 14,496.48 $ 173,957.76 $ 108.231519 $ 18,760.13 $ 225,121.56 Battalion Chief 036 9B $ 119.595692 $ 20,729.92 $ 248,759.04 $ 154.762212 $ 26,825.45 $ 321,905.40 Battalion Chief 24 Hrs 036S 9BS $ 81.357610 $ 19,742.78 $ 236,913.36 $ 105.280426 $ 25,548.05 $ 306,576.60 Budget & Treasury Division Mgr 113 9 $ 86.872788 $ 15,057.95 $ 180,695.40 $ 112.422346 $ 19,486.54 $ 233,838.48 Building Maintenance Manager 041 9 $ 76.932288 $ 13,334.93 $ 160,019.16 $ 99.559788 $ 17,257.03 $ 207,084.36 Building Official 042 9 $ 101.861019 $ 17,655.91 $ 211,870.92 $ 131.817404 $ 22,848.35 $ 274,180.20 Cemetery Operations Manager 045 9 $ 61.518750 $ 10,663.25 $ 127,959.00 $ 79.611462 $ 13,799.32 $ 165,591.84 Chief Asst City Attorney 037 9 $ 123.759750 $ 21,451.69 $ 257,420.28 $ 160.165558 $ 27,762.03 $ 333,144.36 Chief Electric Utility Officer 108 9 $ 159.713192 $ 27,683.62 $ 332,203.44 $ 206.682346 $ 35,824.94 $ 429,899.28 Chief Operating Officer 311 9 $ 159.713192 $ 27,683.62 $ 332,203.44 $ 206.682346 $ 35,824.94 $ 429,899.28 All classifications on the Unclassifed/Elected Salary Plan are FLSA "Exempt" 1 of 5 City of Santa Clara
Unclassified/Elected Salary Plan
Effective 12/22/2024
Approved 12/3/2024
Minimum Salary Maximum Salary
Job Title Job Code Union Code Hourly Monthly Annual Hourly Monthly Annual City Attorney 060 Appointed $ 171.256038 $ 29,684.38 $ 356,212.50 City Auditor 067 9 $ 101.105192 $ 17,524.90 $ 210,298.80 $ 130.845635 $ 22,679.91 $ 272,158.92 City Clerk 063 Elected $ 1,500.00 $ 18,000.00
City Council Member CNCL Elected $ 2,000.00 $ 24,000.00 City Librarian 066 9 $ 126.142269 $ 21,864.66 $ 262,375.92 $ 163.240212 $ 28,294.97 $ 339,539.64 City Manager 069 Appointed $ 201.067673 $ 34,851.73 $ 418,220.76 Communications & Outreach Mgr 083 9 $ 69.839654 $ 12,105.54 $ 145,266.48 $ 90.375173 $ 15,665.03 $ 187,980.36 Communications Operations Mgr 068 9 $ 79.139019 $ 13,717.43 $ 164,609.16 $ 102.414404 $ 17,751.83 $ 213,021.96 Compliance Manager 081 9 $ 70.939615 $ 12,296.20 $ 147,554.40 $ 91.799135 $ 15,911.85 $ 190,942.20 Contracts Manager 342 9 $ 78.201000 $ 13,554.84 $ 162,658.08 $ 101.192942 $ 17,540.11 $ 210,481.32 Deputy City Attorney I 170 9 $ 67.254981 $ 11,657.53 $ 139,890.36 $ 87.034673 $ 15,086.01 $ 181,032.12 Deputy City Attorney II 172 9 $ 78.464192 $ 13,600.46 $ 163,205.52 $ 101.543827 $ 17,600.93 $ 211,211.16 Deputy City Clerk 178 9 $ 60.574096 $ 10,499.51 $ 125,994.12 $ 78.396692 $ 13,588.76 $ 163,065.12 Deputy City Manager 079 9 $ 108.724212 $ 18,845.53 $ 226,146.36 $ 140.691519 $ 24,386.53 $ 292,638.36 Deputy Fire Chief 080 9B $ 131.573423 $ 22,806.06 $ 273,672.72 $ 170.282250 $ 29,515.59 $ 354,187.08 Deputy Director 176 9 $ 88.013192 $ 15,255.62 $ 183,067.44 $ 113.900250 $ 19,742.71 $ 236,912.52 Development Project Manager 158 9 $ 88.007423 $ 15,254.62 $ 183,055.44 $ 113.890500 $ 19,741.02 $ 236,892.24 Development Review Officer 144 9 $ 85.145192 $ 14,758.50 $ 177,102.00 $ 110.188558 $ 19,099.35 $ 229,192.20 Director Of Community Developm 090 9 $ 126.393808 $ 21,908.26 $ 262,899.12 $ 163.571192 $ 28,352.34 $ 340,228.08 Director Of Finance 087 9 $ 126.142269 $ 21,864.66 $ 262,375.92 $ 163.240212 $ 28,294.97 $ 339,539.64 Director Of Human Resources 088 9 $ 126.142269 $ 21,864.66 $ 262,375.92 $ 163.240212 $ 28,294.97 $ 339,539.64 Director Of Inf Technology/CIO 089 9 $ 126.142269 $ 21,864.66 $ 262,375.92 $ 163.240212 $ 28,294.97 $ 339,539.64 Director Of Public Works 091 9 $ 133.695577 $ 23,173.90 $ 278,086.80 $ 173.017731 $ 29,989.74 $ 359,876.88 Director Of Wtr & Sewer Utils 102 9 $ 126.142269 $ 21,864.66 $ 262,375.92 $ 163.240212 $ 28,294.97 $ 339,539.64 Elec Div Mgr - Engineering 104Q 9 $ 104.985577 $ 18,197.50 $ 218,370.00 $ 135.873115 $ 23,551.34 $ 282,616.08 Elec Div Mgr - Generation 104R 9 $ 104.985577 $ 18,197.50 $ 218,370.00 $ 135.873115 $ 23,551.34 $ 282,616.08 Elec Div Mgr - Operations 104P 9 $ 104.985577 $ 18,197.50 $ 218,370.00 $ 135.873115 $ 23,551.34 $ 282,616.08 All classifications on the Unclassifed/Elected Salary Plan are FLSA "Exempt" 2 of 5 City of Santa Clara
Unclassified/Elected Salary Plan
Effective 12/22/2024
Approved 12/3/2024
Minimum Salary Maximum Salary
Job Title Job Code Union Code Hourly Monthly Annual Hourly Monthly Annual Elec Div Mgr - Substations 104M 9 $ 104.985577 $ 18,197.50 $ 218,370.00 $ 135.873115 $ 23,551.34 $ 282,616.08 Elec Div Mgr - Transm, Distrib 104S 9 $ 104.985577 $ 18,197.50 $ 218,370.00 $ 135.873115 $ 23,551.34 $ 282,616.08 Elec Div Mgr-Mkt A & P 107F 9 $ 104.985577 $ 18,197.50 $ 218,370.00 $ 135.873115 $ 23,551.34 $ 282,616.08 Elec Division Manager 104 9 $ 104.985577 $ 18,197.50 $ 218,370.00 $ 135.873115 $ 23,551.34 $ 282,616.08 Elec Program Manager 424 9 $ 91.299750 $ 15,825.29 $ 189,903.48 $ 118.145077 $ 20,478.48 $ 245,741.76 Elec Util Chief Oper Officer 116 9 $ 139.746808 $ 24,222.78 $ 290,673.36 $ 180.851538 $ 31,347.60 $ 376,171.20 Elec Util Risk Control Analyst 697 9 $ 81.764135 $ 14,172.45 $ 170,069.40 $ 105.815596 $ 18,341.37 $ 220,096.44 Emergency Services Officer 106 9 $ 95.038327 $ 16,473.31 $ 197,679.72 $ 122.983615 $ 21,317.16 $ 255,805.92 Environmental Programs Mgr 461 9 $ 70.939615 $ 12,296.20 $ 147,554.40 $ 91.799135 $ 15,911.85 $ 190,942.20 Executive Assistant 187 9 $ 59.663019 $ 10,341.59 $ 124,099.08 $ 77.208981 $ 13,382.89 $ 160,594.68 Fire Chief 117 9B $ 157.405038 $ 27,283.54 $ 327,402.48 $ 203.689962 $ 35,306.26 $ 423,675.12 Fire Marshal 120 9B $ 119.594942 $ 20,729.79 $ 248,757.48 $ 154.758000 $ 26,824.72 $ 321,896.64 Fleet Manager 034 9 $ 73.301596 $ 12,705.61 $ 152,467.32 $ 94.856135 $ 16,441.73 $ 197,300.76 Housing & Comm Svc Div Mgr 075 9 $ 88.087442 $ 15,268.49 $ 183,221.88 $ 114.001442 $ 19,760.25 $ 237,123.00 Housing Development Officer 749 9 $ 69.178327 $ 11,990.91 $ 143,890.92 $ 89.524904 $ 15,517.65 $ 186,211.80 Human Resources Div Mgr 139 9 $ 86.872788 $ 15,057.95 $ 180,695.40 $ 112.422346 $ 19,486.54 $ 233,838.48 Information Technology Svc Mgr 112 9 $ 81.534635 $ 14,132.67 $ 169,592.04 $ 105.505212 $ 18,287.57 $ 219,450.84 Inspection Manager 134 9 $ 87.250615 $ 15,123.44 $ 181,481.28 $ 112.921673 $ 19,573.09 $ 234,877.08 Legal Executive Assistant 185 9 $ 59.663019 $ 10,341.59 $ 124,099.08 $ 77.208981 $ 13,382.89 $ 160,594.68 Library Div Mgr -Support Svcs 127G 9 $ 73.247596 $ 12,696.25 $ 152,355.00 $ 94.802135 $ 16,432.37 $ 197,188.44 Management Analyst 008 9 $ 60.574096 $ 10,499.51 $ 125,994.12 $ 78.396692 $ 13,588.76 $ 163,065.12 Mayor MAYOR Elected $ 2,500.00 $ 30,000.00
Municipal Services Div Mgr 110 9 $ 86.872788 $ 15,057.95 $ 180,695.40 $ 112.422346 $ 19,486.54 $ 233,838.48 Park Maint & Operations Superv 131 9 $ 72.404077 $ 12,550.04 $ 150,600.48 $ 93.688673 $ 16,239.37 $ 194,872.44 Parks & Recreation Director 132 9 $ 126.142269 $ 21,864.66 $ 262,375.92 $ 163.240212 $ 28,294.97 $ 339,539.64 Parks Const, Mtc & Repair Mgr 130 9 $ 72.404077 $ 12,550.04 $ 150,600.48 $ 93.688673 $ 16,239.37 $ 194,872.44 Performance Auditor I 203 9 $ 50.478404 $ 8,749.59 $ 104,995.08 $ 65.330596 $ 11,323.97 $ 135,887.64 All classifications on the Unclassifed/Elected Salary Plan are FLSA "Exempt" 3 of 5 City of Santa Clara
Unclassified/Elected Salary Plan
Effective 12/22/2024
Approved 12/3/2024
Minimum Salary Maximum Salary
Job Title Job Code Union Code Hourly Monthly Annual Hourly Monthly Annual Performance Auditor II 204 9 $ 60.574096 $ 10,499.51 $ 125,994.12 $ 78.396692 $ 13,588.76 $ 163,065.12 Plan Review Manager 629 9 $ 88.188692 $ 15,286.04 $ 183,432.48 $ 114.116192 $ 19,780.14 $ 237,361.68 Planning Manager 072 9 $ 91.967769 $ 15,941.08 $ 191,292.96 $ 119.015538 $ 20,629.36 $ 247,552.32 Police Captain 138 9A $ 150.016096 $ 26,002.79 $ 312,033.48 $ 181.432385 $ 31,448.28 $ 377,379.36 Police Chief 141 Elected $ 28,755.00 $ 345,060.00
Police Records Manager 647 9 $ 62.396135 $ 10,815.33 $ 129,783.96 $ 80.751865 $ 13,996.99 $ 167,963.88 Power System Scheduler/Trader 674 9 $ 78.302192 $ 13,572.38 $ 162,868.56 $ 101.334635 $ 17,564.67 $ 210,776.04 Power Trader 673 9 $ 100.072731 $ 17,345.94 $ 208,151.28 $ 129.516115 $ 22,449.46 $ 269,393.52 Principal Accountant 148 9 $ 78.201000 $ 13,554.84 $ 162,658.08 $ 101.192942 $ 17,540.11 $ 210,481.32 Principal Electric Utility Eng 145 9 $ 99.998423 $ 17,333.06 $ 207,996.72 $ 129.408115 $ 22,430.74 $ 269,168.88 Principal Eng - Water & Sewer 142W 9 $ 96.961615 $ 16,806.68 $ 201,680.16 $ 125.480538 $ 21,749.96 $ 260,999.52 Principal Eng/City Surveyor 140 9 $ 101.809846 $ 17,647.04 $ 211,764.48 $ 131.756538 $ 22,837.80 $ 274,053.60 Principal Engineer 142 9 $ 96.961615 $ 16,806.68 $ 201,680.16 $ 125.480538 $ 21,749.96 $ 260,999.52 Principal Financial Analyst 149 9 $ 78.201000 $ 13,554.84 $ 162,658.08 $ 101.192942 $ 17,540.11 $ 210,481.32 Principal Planner 143 9 $ 78.201000 $ 13,554.84 $ 162,658.08 $ 101.192942 $ 17,540.11 $ 210,481.32 Principal Power Analyst 154 9 $ 78.201000 $ 13,554.84 $ 162,658.08 $ 101.192942 $ 17,540.11 $ 210,481.32 Principal Util Info System Mgr 146 9 $ 100.072731 $ 17,345.94 $ 208,151.28 $ 129.516115 $ 22,449.46 $ 269,393.52 Public Information Officer 077 9 $ 95.038327 $ 16,473.31 $ 197,679.72 $ 122.983615 $ 21,317.16 $ 255,805.92 Public Records Manager 082 9 $ 60.574096 $ 10,499.51 $ 125,994.12 $ 78.396692 $ 13,588.76 $ 163,065.12 Purchasing Division Manager 147 9 $ 83.633538 $ 14,496.48 $ 173,957.76 $ 108.231519 $ 18,760.13 $ 225,121.56 Recreation Manager 150 9 $ 78.943327 $ 13,683.51 $ 164,202.12 $ 102.157904 $ 17,707.37 $ 212,488.44 Risk Manager 700 9 $ 83.633538 $ 14,496.48 $ 173,957.76 $ 108.231519 $ 18,760.13 $ 225,121.56 Sr Counsel for SVP 179 9 $ 116.061981 $ 20,117.41 $ 241,408.92 $ 149.719962 $ 25,951.46 $ 311,417.52 Sr Deputy City Attorney 161 9 $ 83.403981 $ 14,456.69 $ 173,480.28 $ 107.941442 $ 18,709.85 $ 224,518.20 Sr Elec Div Mgr 173 9 $ 115.479346 $ 20,016.42 $ 240,197.04 $ 149.457808 $ 25,906.02 $ 310,872.24 Sr Elec Div Mgr-Mkt A&P 174A 9 $ 115.479346 $ 20,016.42 $ 240,197.04 $ 149.457808 $ 25,906.02 $ 310,872.24 Sr Information Tech Svcs Mgr 743 9 $ 89.342654 $ 15,486.06 $ 185,832.72 $ 115.621096 $ 20,040.99 $ 240,491.88 All classifications on the Unclassifed/Elected Salary Plan are FLSA "Exempt" 4 of 5 City of Santa Clara
Unclassified/Elected Salary Plan
Effective 12/22/2024
Approved 12/3/2024
Minimum Salary Maximum Salary
Job Title Job Code Union Code Hourly Monthly Annual Hourly Monthly Annual Sr Management Analyst 742 9 $ 66.631269 $ 11,549.42 $ 138,593.04 $ 86.236154 $ 14,947.60 $ 179,371.20 Sr Performance Auditor 202 9 $ 70.939615 $ 12,296.20 $ 147,554.40 $ 91.799135 $ 15,911.85 $ 190,942.20 Sr Power System Schedlr/Trader 772 9 $ 84.159865 $ 14,587.71 $ 175,052.52 $ 108.919846 $ 18,879.44 $ 226,553.28 Street Superintendent 159 9 $ 80.009596 $ 13,868.33 $ 166,419.96 $ 103.548115 $ 17,948.34 $ 215,380.08 Transportation Manager 171 9 $ 97.845750 $ 16,959.93 $ 203,519.16 $ 126.627750 $ 21,948.81 $ 263,385.72 Utility Business Systems Mgr 898 9 $ 78.072750 $ 13,532.61 $ 162,391.32 $ 101.031000 $ 17,512.04 $ 210,144.48 Utility Operations Engineer 155 9 $ 82.418712 $ 14,285.91 $ 171,430.92 $ 106.652423 $ 18,486.42 $ 221,837.04 Water & Sewer Operations Mgr 180 9 $ 81.008365 $ 14,041.45 $ 168,497.40 $ 104.843827 $ 18,172.93 $ 218,075.16 Water & Sewer Superintendent 029 9 $ 73.247596 $ 12,696.25 $ 152,355.00 $ 94.802135 $ 16,432.37 $ 197,188.44 Web & Digital Media Manager 073 9 $ 69.839654 $ 12,105.54 $ 145,266.48 $ 90.375173 $ 15,665.03 $ 187,980.36 All classifications on the Unclassifed/Elected Salary Plan are FLSA "Exempt" 5 of 5 City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-893 Agenda Date: 12/3/2024
REPORT TO COUNCIL
SUBJECT
Action on Recommendations from the Governance and Ethics Committee to Amend Council Policy 049 ("Community Grant Policy")
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
Council Policy 049 Community Grant Policy (“Community Grant Policy”) was approved by the City Council through the adoption of Resolution No. 18-1606 on September 18, 2018. The Community Grant Policy creates a standardized process for the City’s Community Grant Program, which awards grants to qualifying applicants up to $10,000 per applicant, per fiscal year for eligible community events, activities, and Santa Clara youth group participation upon advancement into state, national, or international championship games, competitions, or performances. The City previously provided grants to Santa Clara youth groups/students to support their participation at state, national and international championships, competitions and performances through Policy and Procedure 014 (“Funding Requests - Championship Teams/Individuals”). Policy and Procedure 014 was rescinded when City Council adopted the Community Grant Policy, which merged Policy and Procedure 014 and a draft Sponsorship Policy together into a single policy for grant requests.
Since the Community Grant Program launched on October 1, 2018, the City of Santa Clara has awarded community grants for various community events such as fun runs, social impact summits, car shows, cultural events, pageants, youth events, fundraisers, and community discussions (“Community Event/Activities”). In addition to community events and activities, the City has also awarded grants through the program to Santa Clara youth groups to travel and compete in championship games and performances for football, baseball, softball, robotics, symphonic band, jazz band, and marching band (“Youth Competitions/Performances”). The grants provide organizations and individuals with financial assistance to put on or participate in events, activities, and competitions that provide a benefit to the Santa Clara community.
On May 24, 2022, the City Council approved modifications to the Community Grant Policy that provided additional guidance and requirements on grant eligibility, allowable expenses, and postevent review. Specifically, these updates defined allowable expenses, limited the amount of grant funds for food and beverage, required applicants that received grant funding (grant recipients) to refund any unspent grant funds, provided the City the ability to audit, and restricted the location of general events/activities to Santa Clara, limited advance application submittal to six months prior to events, limited eligibility to competitive grant recipients, and provided the City the ability to evaluate prior events/activities’ success and ability to meet requirements for reoccurring applicants. The current Community Grant Policy (“current Policy”) is included in this report as Attachment 1.
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Approximately a year after the Council’s May 24, 2022 approval of the current Policy, staff began the process of proposing additional amendments to the Community Grant Policy that aim to further streamline the grant process for applicants and grant recipients. These proposed amendments include additional requirements for applicants to demonstrate a financial need for grant funding, expanding the types of eligible events/activities to include programs and projects, expanding the eligibles expenses grant funds can be spent towards, defining ineligible expenses, additional language aimed to promote accountability and increase protections for the City, updated eligibility requirements that focus on the efforts and goals of the Community Grant Program, and additional requirements for grant recipients in the post event process.
On July 2, 2024, staff presented the proposed amendments to the Community Grant Policy at the Governance and Ethics Committee meeting (Attachment 2). The Governance and Ethics Committee approved staff’s recommendations to update the Community Grant Policy and provided staff with additional considerations to evaluate. The Governance and Ethics Committee’s feedback is discussed in more detail under the Discussion section.
Staff reviewed the additional considerations proposed by the Governance and Ethics Committee and is requesting the City Council to adopt a resolution that approves an amended Community Grant Policy (“amended Policy”) that incorporates much of the Governance and Ethics Committee’s feedback and additional edits proposed by staff.
The proposed amendments include a restructuring of the Policy to clarify the separate eligibility criteria and procedures for the two categories of grants funded by the Community Grant Program (Community Events/Activities and Youth Competitions/Performances). As a result of restructuring the Policy, the proposed amendments to the current Policy presented to the Governance and Ethics Committee were highlighted in yellow for ease of reading and to clearly identify the proposed amendments (Attachment 2). The amended Policy includes amendments that enhance grant eligibility requirements and criteria, promote accountability and increase protections for the City, and clarify post event requirements for grant recipients. The amended Policy is attached to this report as a redline version and a clean copy (Attachments 3 and 4, respectively). A draft Resolution for City Council approval is included as Attachment 5. Staff has also prepared a summary of all the proposed amendments for reference (Attachment 6).
DISCUSSION
This section of the report describes the proposed amendments to the Community Grant Policy and the 49ers Grant Commitment to the City’s Community Grant Program.
Proposed Policy Amendments - Enhanced Eligibility Requirements and Criteria The following proposed amendments aim to expand grant eligibility criteria and requirements:
1. Assist Applicants That Have Financial Need: In an effort to promote altruism, inclusivity, and effective use of grant funds towards Community Events/Activities that are being hosted by applicants that have a financial need for grant funding, the Governance and Ethics Committee approved staff’s recommendation to include language in the Policy that requires applicants to demonstrate a financial need for grant funding.
If approved, the Community Grant application (Attachment 7) will be updated to include a field City of Santa Clara Page 2 of 8 Printed on 11/27/2024
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24-893 Agenda Date: 12/3/2024
for the applicant to explain why the grant is needed and provide supporting documentation as necessary. The application form is currently an attachment to the policy, but it is not a policy document. Rather, the application is a form intended to aid the applicant and the City Manager’s Office in the application process to ensure that staff has sufficient information to evaluate. Therefore, in an effort to streamline the grant process, staff also recommends removing the application as an attachment to the Policy to allow for future administrative updates as necessary. This change was proposed after the Governance and Ethics Committee’s July 2, 2024 review.
2. Expand Eligible Community Events/Activities: The Community Grant Program was originally designed to support one-time events and activities. However, there are opportunities to promote creativity and increase community engagement and direct benefits to Santa Clara residents by also supporting community projects and programs within Santa Clara. As such, the proposed amendments expanded the definition of eligible Community Events/Activities to include programs and community projects that the Community Grant Program may consider to promote increased public benefits to Santa Clara residents, students, and schools. The Governance and Ethics Committee approved this recommendation without amendment.
3. Enhance Eligibility Criteria: The current Policy’s eligibility criteria for Community Events/Activities and Youth Competitions/Performances require applicants to demonstrate how the request for grant funding aligns with City Council Goals. City Council Goals are established as part of the City Council’s Priority Setting process and are intended to set goals and priorities of the City which may not always be directly applicable to the Community Events/Activities and Youth Performances/Competitions being funded by the Community Grant Program. Staff recommended replacing the Council Goals with the grant focus areas (Santa Clara Youth, Community Service, and Santa Clara Identity/Culture/Representation/Equity) to better assist applicants with identifying how the proposed Community Event/Activity or Youth Competition/Performance aligns with priorities central to the Community Grant Program.
The grant focus areas aim to encourage creative, yet focused, ideas for Community Events/Activities with an emphasis on benefitting the City of Santa Clara. This includes, but is not limited to, supporting Community Events/Activities and Youth Competitions/Performances that positively impact Santa Clara youth (Grant Focus Area: Santa Clara Youth), Community Events/Activities that directly improve the quality of life of Santa Clara residents (Grant Focus Area: Community Service), and supporting Community Events/Activities or Youth Competitions/Performances that celebrate and promote Santa Clara arts, history, sports, education, organizations and individuals, and other efforts that make the City of Santa Clara a great place to live, work, and visit (Grant Focus Area: Santa Clara Identity/Culture/Representation/Equity).
Additionally, the current Policy requires that grant funds are not used for religious or political purposes. Staff recommended updating this requirement to include a clearer definition of both categories for consistency with state and federal laws.
The Governance and Ethics Committee approved the proposed amendments for the grant focus areas and religious and political purposes.
It should be noted that the current Policy requires that the Community Event/Activity and Youth City of Santa Clara Page 3 of 8 Printed on 11/27/2024
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Competition/Performance must contribute positively to the recognition and image of the City of Santa Clara. The proposed amendments presented to the Governance and Ethics Committee removed this eligibility requirement for Community Events/Activities in an effort to reduce any potential redundancy in the amended Policy. However, this eligibility requirement remained intact for Youth Competitions/Performances. Provided that the eligibility requirements for the two grant categories have been separated for clarity, staff recommends adding this eligibility requirement back into the proposed Policy amendments under Community Events/Activities for consistency.
4. Expand Eligible Expenses and Define Ineligible Expenses: The current Policy lists a few eligible expenses (e.g., City permits, fees, and services, venue, food and beverage, trash/recycling, and stage/tent rentals) and is silent on ineligible expenses. However, the City Manager’s Office has not historically approved grant funds for give-away items, consultant fees, and other expenses that would otherwise violate the current Policy or any other City policies. Conversely, staff aims to promote successful Community Events/Activities and consider reasonable requests for grant funds towards expenses essential to the success of the event, provided that they do not violate the Policy or any other City policies. As such, staff proposed amendments to expand the eligible expenses in the Policy to include additional event-specific rental expenses, event insurance, event-related supplies for one-time use, marketing costs, and define ineligible expenses to include gifts and give away items such as gift cards and raffle baskets and programmatic expenses such as staff time, overhead costs, consultant services and payment of hired staff. The Governance and Ethics Committee approved staff’s recommendation.
Subsequent to the Governance and Ethics Committee’s approval, staff proposed further amendments to the eligible expenses to include other permits, fees, and services from other public agencies and other “similar” event rentals and further clarify marketing and promotional expenses, consistent with prior City approval of such grant expenses.
Proposed Policy Amendments - Promote Accountability/Increase Protections for the City The current Policy is silent on prohibited uses of grant funds and does not provide guidance to address policy violations. However, grant requirements are clearly communicated through the approved grant application and corresponding grant approval letter provided to grant recipients under the grant approval process. The proposed amendments include language that aims to promote accountability and increase protections for the City by setting clear instructions on how grant funds can be spent and what needs to be submitted to the City for auditing. Under the proposed amendments, failure to provide the required verification documentation, failure to follow the terms outlined in the Policy and the approved application, and/or material changes to the Community Event/Activity or Youth Competition/Performance without prior City approval may result in the grant recipient returning grant funds in part or in full and impact their future eligibility to apply for the Community Grant Program.
The Governance and Ethics Committee approved staff’s recommendation with an additional request that staff consider term limits for suspension based on the severity of the policy and demonstration of organizational change by which the infraction occurred. Staff evaluated this request and propose a period of one year upon resolution of outstanding issues. A term limit of one year provides a grant recipient sufficient time and opportunity to review the requirements in the Policy in preparation of an application submittal as a recurring applicant, if desired.
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Proposed Policy Amendments - Post Event Requirements for Grant Recipients Within thirty (30) days upon the conclusion of the Community Event/Activity or Youth Competition/Performance, grant recipients must complete a post event process in which receipts and invoices are submitted for verification that grant funds were spent in the manner they were approved.
This requirement in the current Policy allows the City Manager’s Office to measure a grant recipient’s past success when weighing whether to approve or deny a future request for grant funding. Staff recommended including language in the Policy requiring grant recipients to submit additional documentation during the post event process to collect information that could be used to measure the success of the event, including attendance numbers, fundraising actuals (if applicable), and community impact.
The Governance and Ethics Committee approved the proposed amendments with an additional request that grant recipients submit a five hundred (500) word description of how the event went to be included on the City’s website. Staff updated the proposed amendments by expanding the community impact requirement that allows the City to post it on the City’s website. Additionally, the proposed amendments included language outlining the grant recipient’s responsibility in the post event process to provide the required documentation in full and on time. This language was also approved by the Governance and Ethics Committee without additional feedback.
It should be noted that Youth Competitions/Performances have a separate set of requirements in the Community Grant Policy. While the post event process for grant recipients is similar to Community Events/Activities, staff also recommends approval of the proposed amendments that modify the same requirements that are applicable to Youth Competitions/Performances, which were not included in the Governance and Ethics Committee’s review.
Proposed Amendments to Policy/Program - Additional Feedback from the Governance and Ethics Committee
In addition to the various amendments described above, the Governance and Ethics Committee also provided the following feedback to the current Policy/Program:
1. Carryover of Leftover Grant Funds: The Governance and Ethics Committee requested an update to the policy to include proposed amendments that would allow the remaining balance of unused grant funds in the Community Grant Program budget to be carried over to the next fiscal year.
Since FY 2021/22, an average of $52,000 has been awarded annually in Community Grants, leaving on average, a remainder of $38,000 in the Community Grant Program budget per fiscal year that is absorbed back in the City’s General Fund. While the Community Grant Program has had remaining balances in past fiscal years, staff is planning to promote and expand the Community Grant Program to encourage more potential applicants to apply which could result in more expended funds. Consistent with City practices, staff recommends bringing forward any potential carryovers of unspent Community Grant Program funds as part of the adopted budget or budgetary year end process for City Council consideration.
2. Increasing the Maximum Grant Amount: The Governance and Ethics Committee requested updated policy language to increase the maximum grant award amount annually to account for City of Santa Clara Page 5 of 8 Printed on 11/27/2024
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inflation.
In the Community Grant application, applicants must specify the amount of grant funds requested. Upon confirming that the requested grant funds will be spent toward eligible expenses, grant amounts have ranged from $900 to the maximum award amount of $10,000 for an average grant amount of $8,715 per approved applicant from FY 2021/22 through FY 2023/24. Staff’s recommendation is to leave the current policy language in its current form and re-visit this provision if necessary to increase the grant amount to account for inflation if the $10,000 maximum award proves to be insufficient over time due to inflation. Additionally, if there is a need for more grant funds, then Council can approve those funds through the budget process or through a budget amendment, consistent with current City practice.
3. Reservation of Funds for Youth Competitions/Performances: The Governance and Ethics Committee requested proposed amendments to allow for a portion of the Community Grant Program budget to be reserved for later in the year for Youth Competitions/Performances.
Before the Community Grant Program absorbed the Championship Team Trust Fund, $36,000 was budgeted annually for youth participation in championship games. In FY 2023/24, $18,265 was awarded for youth participation in competitions and performances (inclusive of sports, academics, etc.). Staff recommends leaving the current Policy language in its current form and re-visiting this in the future if the program budget is exhausted before youth groups/individuals have a chance to apply upon advancement to their respective competition or performance.
49ers Grant Commitment
As part of the Santa Clara Stadium Authority (Stadium Authority) and Levi Strauss & Co.’s (Levi’s) ten (10) year Naming Rights Agreement extension which was approved by the Stadium Authority Board on January 30, 2024, the Forty Niners SC Stadium Company LLC (49ers) committed to providing $4 million ($200,000/annually over 20 years) for grants to non-profits or community projects serving the Santa Clara community.
On June 4, 2024, the City Council approved an Initial Grant Funding Agreement between the City and 49ers (Attachment 8). In the agreement, the 49ers’ commitment to contribute $200,000 annually for 20 years to non-profit organizations and community projects serving or directly impacting the City of Santa Clara community is referred to as the “49ers Grant Commitment”. The Initial Grant Funding Agreement directs $50,000 annually for the initial three years to the City’s Community Grant Program.
Per the Initial Grant Funding Agreement, City staff will determine the grant recipients in accordance with the City’s Community Grant Program guidelines, after consultations with the 49ers or its designee. Staff has developed a consultation process with the 49ers’ designee in which staff reaches out to the 49ers’ designee to communicate the City’s intention to utilize the 49ers Grant Commitment grant funds for grant applications that have been approved through the City’s application review process and allow the 49ers designee the opportunity to seek clarification or ask questions, if necessary. The City retains ultimate approval authority over how the 49ers Grant Commitment funds are awarded. Staff plans to prioritize use of the 49ers Grant Commitment grant funds when awarding grants through the Community Grant Program as the Initial Grant Funding Agreement requires City distribution of amounts designated for the Community Grants Program be made in the corresponding City of Santa Clara Page 6 of 8 Printed on 11/27/2024
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fiscal year.
The 49ers Grant Commitment has been incorporated into a larger initiative managed by the 49ers called “49ers Cares” which is separate from the 49ers Foundation. 49ers Cares focuses on community benefits specific to Santa Clara.
While establishing the consultation process with staff, the 49ers requested the City to consider acknowledgement that the Community Grant was funded by 49ers Cares, when applicable, through the available channels in the normal Community Grant Program process. As described above, when an application for a Community Grant is approved, the applicant is notified in writing. Staff recommends including language in the grant approval notification acknowledging, when applicable, that the grant was funded by the 49ers Grant Commitment to remain consistent with the terminology stated in the Initial Grant Funding Agreement.
Should the City Council approve the Governance and Ethics Committee’s recommendation to include a description of Community Grant awards on the City’s website, staff will also indicate which Community Grants are funded by the 49ers Grant Commitment.
Governance and Ethics Committee and Staff’s Recommendation As recommended by the Governance and Ethics Committee, staff has brought forth the proposed amended Council Policy 049 and a corresponding Resolution to the full City Council for approval.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
The City’s FY 2024/25 Non-Departmental Budget includes a Community Grants Program line item of $496,408. Of this amount, $96,408 reflects the annual appropriation for the Community Grants Program, while the remaining $400,000 represents Years 1 and 2 of the 49ers Grant Commitment. In alignment with the Initial Grant Funding Agreement’s Year 1 and 2 grant distribution, $300,000 of the 49ers Grant Commitment was distributed or designated to specific beneficiaries and the remaining $100,000 has been designated for the City’s Community Grant Program. In total, there is $196,408 budgeted in FY 2024/25 to administer through the Community Grant Program. Under the Initial Grant Funding Agreement, the City will also receive an additional $200,000 on or before April 1, 2026 for Year 3, of which $50,000 will be designated for the City’s Community Grant Program. These funds will be budgeted in FY 2025/26.
As discussed above, staff recommends bringing forward any potential carryovers of unspent Community Grant Program funds as part of the adopted budget or budgetary year end process for City Council consideration. It is important to note that all 49ers Grant Commitment funds for the Community Grant Program must be used for such purpose. Under the Initial Grant Funding Agreement, City distribution of amounts designated for the Community Grants Program shall be made in the corresponding fiscal year.
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COORDINATION
This report was coordinated with the Finance Department and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
ALTERNATIVES
1. Approve staff’s recommendation; or
2. Any other City Council direction regarding amendments to the Community Grant Policy.
RECOMMENDATION
Adopt a resolution approving amendments to Council Policy 049 (“Community Grant Policy”) that enhance grant eligibility requirements and criteria, promote accountability/increased protections for the City, and expand post event requirements for grant recipients.
Reviewed by: Christine Jung, Assistant to the City Manager, City Manager’s Office Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Current Council Policy 049 (“Community Grant Policy”)
2. Proposed Policy Amendments Approved by the Governance and Ethics Committee on July 2, 2024
3. Proposed Policy Amendments for City Council Approval (Redline)
4. Proposed Policy Amendments for City Council Approval (Clean)
5. Draft Resolution
6. Community Grant Policy Proposed Amendments Summary
7. Community Grant Application
8. Initial Grant Funding Agreement between the City and 49ers City of Santa Clara Page 8 of 8 Printed on 11/27/2024
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City of Santa Clara
Council Policy Manual
COMMUNITY GRANT POLICY
Adopted May 24, 2022 CP 049 Page 1 of 4
Resolution No. 18-8605
PURPOSE
POLICY
To establish a standardized process to award grants to qualifying nonprofit community organizations, youth athletic groups or organizations, educational groups or organizations, or individuals, for events, activities, and competitions that provide a public benefit for the City of Santa Clara and its residents.
Annually, and subject to availability of funds, the City Council shall establish grant appropriation(s) as part of the approval of the budget.
Community grants, subject to availability of funds, shall not exceed $10,000 per applicant, per fiscal year. To receive grant funds, grant applications must be submitted at least ninety (90) days and no more than six (6) months before the planned event/activity being funded, regardless of the form of the grant. Applications will be evaluated by the City Manager’s Office on a case-by-case and “first come-first served” basis, throughout the fiscal year.
The City Manager’s Office shall approve or deny an applicant’s request based upon the eligibility criteria set forth below, and subject to funding availability as approved by the City Council through the adoption of the annual budget. Additionally, if the event or activity being requested for funding has been previously supported by the City, the City Manager’s Office may evaluate the event or activity’s past success, measured by the applicant’s ability to meet attendance and/or fundraising projections and the individual/organization’s ability to satisfy the requirements of this policy when considering approval or denial of a request. Grants for community events shall not be provided for waiver of or reimbursement for already discounted permit fees nor shall they be provided to organizations that receive separate annual funding from the City.
Allowable expenses shall be defined as: City permits, Fees and Services, Venue, Food and Beverage, Trash/Recycling, and Stage/Tent Rentals. Grant funds requested for Food and Beverage do not exceed 15% of the total grant amount or $1,500.Grantees shall be required to return any unspent grant funds to the City within 3 days after completion of the audit.
Grants for attendance at youth state, national, or international competitions or performances shall be limited to costs associated with registration, hotel, transportation and food for participants and coaches/chaperones only. Due to short notice of advancement to state, national, or international competitions, applicants shall submit an City of
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COMMUNITY GRANT POLICY (cont.)
Adopted //2021 CP 049 Page 2 of 4
Resolution No. 18-8605
application within one week of advancing to such competitions.
Submission of an application in no way obligates the City to award a grant and the City reserves the right to reject any or all applications, wholly or in part, at any time, without penalty. In all cases, the City reserves the right to reject any and all applications in the event the City Manager’s Office identifies a potential conflict of interest or the appearance of a conflict of interest.
ELIGIBILITY
CRITERIA
In addition to a timely and complete application, the applicant must demonstrate that the event or activity being funded (other than competition funding, described below) by the City’s grant will satisfy all of the following criteria:
a) Provides a benefit to Santa Clara residents
b) Contributes positively to the recognition and image of the City of Santa Clara
c) If the grant is for an event, then the event will be open to the general public and does not discriminate on the basis of race, gender, religion, sexual orientation, or any other protected characteristic under state or federal law
d) Aligns with established Council goals
e) Grant funds will not be used for political or religious purposes f) If the event or activity is a fundraising event, that the proceeds from the fundraising activity will support programs, services or events for residents of the City of Santa Clara
If the grant is for an event or activity, then the applicant must demonstrate that the event or activity being funded by the City’s grant will be held within the City of Santa Clara.
If the activity being funded is individual or group attendance at a youth competition or performance, then the applicant must demonstrate that the activity being funded by the City’s grant will satisfy all of the following criteria:
a) Funding the activity provides a benefit to Santa Clara residents, students or schools
b) Contributes positively to the recognition and image of the City of Santa Clara
c) Aligns with established Council goals
COMMUNITY GRANT POLICY (cont.)
Adopted //2021 CP 049 Page 3 of 4
Resolution No. 18-8605
d) Grant funds will not be used for political or religious purposes e) The grant funds requested will only be used for a specific state, national, or international title or performance
f) The grant funds requested do not exceed 20% of the allowable expenses (registration, hotel, transportation, and food) and comport with the other requirements stated in the application g) Individuals, teams or groups should either be from Santa Clara schools or have at least 50% of the students from the teams or groups be residents in the City of Santa Clara
h) The student-to-coach/chaperone ratio is six students to one coach/chaperone
PROCEDURE 1. City Council approves an annual budget item for City grants, to be administered by the City Manager’s Office
2. Applicants submit timely and complete grant applications to the City Manager’s Office for review
3. City Manager’s Office reviews application for compliance with eligibility criteria and availability of funds. City Manager may seek additional information from applicant as necessary.
4. If an application is approved by the City Manager’s Office, then the approved application marked accordingly shall be transmitted to the applicant with additional instructions, if any.
5. If an application is not approved by the City Manager’s Office, the City Manager shall notify the applicant in writing.
6. If the applicant has received a grant for an event/activity other than performance or competition attendance, then applicant shall submit proof that the grant funds have been spent in the manner and for the purposes stated on the application within thirty (30) days after the event/activity.
7. If the applicant has received a grant for performance or competition attendance, then proof of all allowable expenses actually incurred, as well as allocation of grant funds, shall be submitted to the City Manager’s Office by the applicant within thirty (30) days after the competition.
8. Applicants that have received a grant, regardless of type of activity, shall maintain sufficient books and records in accordance with generally accepted accounting principles. The City shall have the COMMUNITY GRANT POLICY (cont.)
Adopted //2021 CP 049 Page 4 of 4
Resolution No. 18-8605
right to audit the books and records of the applicant for up to four (4) years from the date of disbursement of grant funds for the purpose of verifying any and all reimbursement requests made by the applicant.
9. If an applicant makes a grant request directly to a member of the City Council, whether individually or as a group, the Council shall refer the applicant to the City Manager’s Office for application and review in accordance with this policy.
10.Staff shall report any distributions in accordance with applicable tax law.
Attachment: City of Santa Clara Community Grant Application City of Santa Clara
Council Policy Manual
COMMUNITY GRANT POLICY
P&P 049 Page 1 of 7
Resolution No. 18-8605
PURPOSE
POLICY
To establish a standardized process to award grants to:
• Qualifying 501(c)(3) non-profit community organizations; • Youth athletic groups or organizations;
• Educational groups or organizations; and
• Individuals,
that have financial need for the use of supporting high impact events, activities, programs, community projects (collectively referred to in the Policy as Community Events/Activities), and youth competitions and performances in which the main purpose is to directly benefit the City of Santa Clara and its residents, students, and schools.
Annually, and subject to availability of funds, the City Council shall establish grant appropriation(s) as part of the budget approval process.
Community grants, subject to availability of funds, shall not exceed $10,000 per applicant, per fiscal year. All grant requests, including those made directly to a member of the City Council, shall be referred to the City Manager’s Office for review. Applications will be evaluated by the City Manager’s Office on a case-by-case and “first come-first served” basis, throughout the fiscal year.
The City Manager’s Office shall approve or deny an applicant’s request based upon the eligibility criteria, adherence to procedures set forth below, and subject to funding availability as approved by the City Council through the adoption of the annual budget. Additionally, if the event or activity being requested for funding has been previously supported by the City, the City Manager’s Office may evaluate the event or activity’s past success, measured by the applicant’s ability to meet attendance and/or grant goals, fundraising projections and the applicant’s ability to satisfy the requirements of this policy, when considering approval or denial of a request.
An applicant that receives grant funds may be required to return awarded grant funds, in part or in full, and considered ineligible to submit a new grant request after the conclusion of their event/activity/competition should any of the following occur:
City of
Santa Clara
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COMMUNITY GRANT POLICY (cont.)
P&P 049 Page 2 of 7
Resolution No. 18-8605
• Misuse of grant funds;
• Failure to provide documentation demonstrating that grant funds were spent in the manner that they were approved by the City; • Failure to follow the terms outlined under this Policy and in the approved grant application; and
• Major changes to the event, activity, or competition without prior City approval.
Submission of an application in no way obligates the City to award a grant and the City reserves the right to reject any or all applications, wholly or in part, at any time, without penalty. In all cases, the City reserves the right to reject any and all applications in the event the City Manager’s Office identifies a potential conflict of interest or the appearance of a conflict of interest. Staff shall report any distributions in accordance with applicable tax law.
Applicants that have received a grant, regardless of type of activity, shall maintain sufficient books and records in accordance with generally accepted accounting principles. The City shall have the right to audit the books and records of the applicant for up to four (4) years from the date of disbursement of grant funds for the purpose of verifying any and all reimbursement requests made by the applicant.
ELIGIBILITY
CRITERIA FOR
COMMUNITY
EVENT/ACTIVITY
In addition to a timely and complete application, the applicant must demonstrate that the Community Event/Activity being funded by the City’s grant will satisfy all of the following criteria:
a) Must be held within the City of Santa Clara
b) Provides a community benefit to the residents of Santa Clara c) Must be open to the general public, and does not discriminate on the basis of race, gender, religion, sexual orientation, or any other protected characteristic under state or federal law d) Aligns with the following grant focus areas:
• Santa Clara Identity/Culture/Representation/Equity
• Santa Clara Youth
• Community Service
COMMUNITY GRANT POLICY (cont.)
P&P 049 Page 3 of 7
Resolution No. 18-8605
e) Consistent with applicable federal and state laws regarding limitation on use of public funds. Public funds shall not be used for the following:
• Religious Purposes. Grant funds shall not be used to
conduct religious services or ceremonies. A grantee shall not spend any portion of the grant to inhibit or promote religion, nor to convey a religious
message.
• Political Purposes. Grant funds shall not be used for political purposes, such as political advocacy efforts
whether for or against a political candidate, ballot
measure, or bill.
f) If the event or activity is a fundraising event, that the proceeds from the fundraising activity will support programs, services or events for residents of the City of Santa Clara
Grant funds may only be used for the following eligible expenses for the Community Event/Activity:
• City permits, fees and services
• Venue rental fees and related insurance
• Food and non-alcoholic beverage (Food and beverage costs should not exceed 15% of the total grant request amount) • Trash and recycling
• Stage, tent, and equipment rentals
• Marketing, promotion, and advertising (excluding consultant services and marketing materials production)
• Incidental, one-time related expenses specifically for the Community Event/Activity
Grant funds shall not be used for costs related to the following:
• Gifts and giveaway items (e.g., gift cards, raffle baskets, and prizes)
• Programmatic expenses such as applicant’s staff time, overhead costs, consultant services, and payment of hired staff -
COMMUNITY GRANT POLICY (cont.)
P&P 049 Page 4 of 7
Resolution No. 18-8605
Additionally, grants for Community Events/Activities shall not be provided for waiver of or reimbursement for already discounted permit fees nor shall they be provided to organizations that receive separate annual funding from the City.
PROCEDURE
FOR
COMMUNITY
EVENT/ACTIVITY
1. Applicant submits timely and complete grant application to the City Manager’s Office for review at least ninety (90) days and no more than six (6) months before the planned Community Event/Activity.
The application must include an itemized budget of eligible expenses that detail how the requested grant funds will be spent, if awarded.
2. City Manager’s Office reviews application for compliance with eligibility criteria and availability of funds. City Manager’s Office may seek additional information from the applicant as necessary.
3. If an application is approved, the approved application, marked accordingly, shall be transmitted to the applicant with additional instructions, if any.
4. If an application is not approved by the City Manager’s Office, the applicant will be notified in writing.
5. If the applicant received grant funding, the applicant shall submit within in 30 days after the Community Event/Activity documentation of:
• Proof of all allowable expenses incurred (e.g., receipts and invoices) and demonstrate that the grant funds have been spent in the manner and for the purposes stated on the approved application
• Attendance numbers
• Community impact
• Fundraising actuals, if applicable
6. The applicant is responsible for identifying and returning any unspent grant funds to the City within two (2) weeks after the Community Event/Activity. It is the responsibility of the applicant to return any unspent grant funds within the required time frame. A grant recipient may be deemed ineligible to apply for future grant opportunities through the Community Grant Program for late return or failure to return the unspent grant funds.
COMMUNITY GRANT POLICY (cont.)
P&P 049 Page 5 of 7
Resolution No. 18-8605
7. City Manager’s Office will review the submitted documentation outlined above for compliance and notify the applicant to confirm if any funds must be returned to the City. It is the responsibility of the applicant to submit the required documentation within the required timeframe. A grant recipient may be deemed ineligible to apply for future grant opportunities through the Community Grant Program for late submission of documentation, incomplete/insufficient documentation, or failure to submit documentation.
ELIGIBILITY
CRITERIA FOR
YOUTH
COMPETITIONS/
PERFORMANCES
If the activity being funded is individual or group attendance at a youth competition or performance, then the applicant must demonstrate that the activity being funded by the City’s grant will satisfy all of the following criteria:
a) Funding the activity provides a benefit to Santa Clara residents, students or schools
b) Contributes positively to the recognition and image of the City of Santa Clara
c) Aligns with the following grant focus areas:
• Santa Clara Identity/Culture/Representation/Equity
• Santa Clara Youth
• Community Service
d) Consistent with applicable federal and state laws regarding limitation on use of public funds. Public funds shall not be used for the following:
• Religious Purposes. Grant funds shall not be used to
conduct religious services or ceremonies. A grantee shall not spend any portion of the grant to inhibit or promote religion, nor to convey a religious
message.
• Political Purposes. Grant funds shall not be used for political purposes, such as political advocacy efforts
whether for or against a political candidate, ballot
measure, or bill.
e) Grant funds requested will only be used for specific state, national, or international titles, competitions, or performances COMMUNITY GRANT POLICY (cont.)
P&P 049 Page 6 of 7
Resolution No. 18-8605
f) Grant funds requested do not exceed 20% of the allowable expenses (registration, hotel, transportation, and food for participants and coaches/chaperones only) and comport with the other requirements stated in the application
g) Individuals, teams, or groups should either be from Santa Clara schools or have at least 50% of the students from the teams or groups be residents in the City of Santa Clara
h) The student-to-coach/chaperone ratio is at minimum six students to one coach/chaperone
PROCEDURE
FOR YOUTH
COMPETITIONS/
PERFORMANCES
1. Applicant submits timely and complete grant application to the City Manager’s Office for review. Due to short notice of advancement to state, national, or international competitions/performances, applicant shall submit an application within one week of advancement.
2. City Manager’s Office reviews application for compliance with eligibility criteria and availability of funds. City Manager’s Office may seek additional information from the applicant as necessary.
3. If an application is approved, the approved application marked accordingly shall be transmitted to the applicant with additional instructions, if any.
4. If an application is not approved, the applicant will be notified in writing.
5. If the applicant has received a grant for championship competition/performance attendance, the applicant shall submit documentation within in 30 days after the competition/performance documentation of all allowable expenses incurred (e.g., receipts and invoices) and demonstrate that the grant funds have been spent in the manner and for the purposes stated on the approved application.
6. The applicant is responsible for identifying and returning any unspent grant funds to the City within two (2) weeks after the Community Event/Activity. It is the responsibility of the applicant to return any unspent grant funds within the required time frame. A grant recipient may be deemed ineligible to apply for future grant opportunities through the Community Grant Program for late return or failure to return the unspent grant funds.
7. City Manager’s Office will review the submitted documentation outlined above for compliance and notify the applicant to confirm if any funds must be returned to the City. It is the responsibility of the COMMUNITY GRANT POLICY (cont.)
P&P 049 Page 7 of 7
Resolution No. 18-8605
applicant to submit the required documentation within the required timeframe. A grant recipient may be deemed ineligible to apply for future grant opportunities through the Community Grant Program for late submission of documentation, incomplete/insufficient documentation, or failure to submit documentation.
Attachment: City of Santa Clara Community Grant Application City of Santa Clara
Council Policy Manual
COMMUNITY GRANT POLICY
For Council Consideration 12/03/2024 Council Policy 049 Page 1 of 8
PURPOSE
POLICY
To establish a standardized process to award grants to qualifying:
Qualifying 501(c)(3) non-profit community organizations; Youth athletic groups or organizations;
Educational groups or organizations; and
Individuals,
that have demonstrate a financial need for grant funding for the use of supporting high impact events, activities, programs, community projects (collectively referred to in the Policy as “Community Events/Activities”), and youth competitions and performances in which the main purpose is to directly benefit the City of Santa Clara (City) and its residents, students, and schools.
Annually, and subject to availability of funds, the City Council shall establish grant appropriation(s) as part of the budget approval process.
Community grants, subject to availability of funds, shall not exceed $10,000 per applicant, per fiscal year. All grant requests, including those made directly to a member of the City Council, shall be referred to the City Manager’s Office for review. Applications will be evaluated by the City Manager’s Office on a case-by-case and “first come-first served” basis, throughout the fiscal year.
The City Manager’s Office shall approve or deny an applicant’s request based upon the eligibility criteria, adherence to procedures set forth below, and subject to funding availability as approved by the City Council through the adoption of the annual budget. Additionally, if the event or activity being requested for funding has been previously supported by the City, the City Manager’s Office may evaluate the event or activity’s past success, measured by the applicant’s ability to meet attendance and/or grant goals, fundraising projections and the applicant’s ability to satisfy the requirements of this policy, when considering approval or denial of a request.
An applicant that receives grant funds (grant recipient) may be required to return awarded grant funds, in part or in full, and considered ineligible to submit a new grant request after the conclusion of their Community t City of
·, Santa Clara
The Center of What's Possible
COMMUNITY GRANT POLICY (cont.)
For Council Consideration 12/03/2024 CP 049 Page 2 of 8
ELIGIBILITY
CRITERIA FOR
COMMUNITY
EVENTS /
ACTIVITIESY
In addition to a timely and complete application, the applicant must demonstrate that the Community Event/Activity submitted for consideration being funded by thefor the City’s grant will satisfy all of the following criteria:
a) Must be held within the City of Santa Clara
b) Contributes positively to the recognition and image of the City of Santa Clara
c) Provides a community benefit to the residents of Santa Clara Eevent/Aactivity/ or Youth Competition/Performance should any of the following occur:
Misuse of grant funds,
Failure to provide documentation demonstrating that grant funds were spent in the manner that they were approved by the City, Failure to follow the terms outlined under this Policy and in the approved grant application; and
Major Material changes to the Community Eevent/ Aactivity, or Youth Ccompetition/Performance without prior City approval.
Grant recipients that are ineligible to apply for a Community Grant in the future due to incompliance with this Policy, may apply again one year after resolution of outstanding issues.
Submission of an application in no way obligates the City to award a grant and the City reserves the right to reject any or all applications, wholly or in part, at any time, without penalty. In all cases, the City reserves the right to reject any and all applications in the event the City Manager’s Office identifies a potential conflict of interest or the appearance of a conflict of interest. Staff shall report any distributions in accordance with applicable tax law.
Applicants that have received a grantGrant recipients, regardless of the type of activity, shall maintain sufficient books and records in accordance with generally accepted accounting principles. The City shall have the right to audit the books and records of the grant recipient for up to four (4) years from the date of disbursement of grant funds for the purpose of verifying any and all reimbursement requests made by the grant recipient.
COMMUNITY GRANT POLICY (cont.)
For Council Consideration 12/03/2024 CP 049 Page 3 of 8 d) Must be open to the general public, and does not discriminate on the basis of race, gender, religion, sexual orientation, or any other protected characteristic under state or federal law e) Aligns with one of the following grant focus areas:
Santa Clara Identity/Culture/Representation/Equity
Santa Clara Youth
Community Service
f) Must be cConsistent with applicable federal and state laws regarding limitation on use of public funds. Public funds shall not be used for the following:
Religious Purposes. Grant funds shall not be used to
conduct religious services or ceremonies. A grantee
shall not spend any portion of the grant to inhibit or
promote religion, nor to convey a religious message.
Political Purposes. Grant funds shall not be used for political purposes, such as political advocacy efforts
whether for or against a political candidate, ballot
measure, or bill.
g) If the event or activity is a fundraising event, that the proceeds from the fundraising activity will support programs, services or events for residents of the City of Santa Clara.
Grant funds may only be used for the following eligible expenses for the Community Event/Activity:
City Ppermits, fees and services from the City of Santa Clara and other public agencies
Venue rental fees and related insurance
Food and non-alcoholic beverage (Food and beverage costs should not exceed 15% of the total grant request amount) Trash and recycling
Rental of sStage, tents, and similar equipment rentals Marketing and , promotion of the Community Event/Activity, and advertisingsuch as printing expenses of promotional COMMUNITY GRANT POLICY (cont.)
For Council Consideration 12/03/2024 CP 049 Page 4 of 8 materials and fees related to advertising to the public (excluding third-party consultant services to design marketing materials production)
Incidental, one-time expenses purchased specifically for the Community Event/Activity
Grant funds shall not be used for other costs, including but not limited to the following:
Gifts and giveaway items (e.g., such as gift cards, raffle baskets, and prizes)
Programmatic expenses such as staff time, overhead costs, consultant services, and payment of hired staff
Additionally, grants for Community Events/Activities shall not be provided for waiver of or reimbursement for already discounted permit fees nor shall they be provided to organizations that receive separate annual funding from the City.
PROCEDURE
FOR
COMMUNITY
EVENTS /
ACTIVITIESY
1. Applicant submits timely and complete grant application to the City Manager’s Office for review at least ninety (90) days and no more than six (6) months before the planned Community Event/Activity. The application must include an itemized budget for the Community Event/Activity, which must of eligible expenses that detail how the requested grant funds will be spent on eligible expenses, if awarded.
2. City Manager’s Office reviews application for compliance with eligibility criteria and availability of funds. City Manager’s Office may seek additional information from the applicant as
necessary.
3. If an application is approved, the approved application, marked accordingly, shall be transmitted to the applicant with additional instructions, if any.
4. If an application is not approved by the City Manager’s Office, the applicant will be notified in writing.
5. Grant recipients shall submit within in thirty (30) days after the Community Event/Activity documentation of:
COMMUNITY GRANT POLICY (cont.)
For Council Consideration 12/03/2024 CP 049 Page 5 of 8 Proof of all allowable expenses incurred (e.g., receipts and invoices) and submitted in an organized fashion
that clearly demonstrates that the grant funds have
been spent in the manner and for the purposes stated
on the approved application and identifies. Uunspent
grant funds, if any, should be identified.
Attendance numbers
A cCommunity impact statement that describes how the
event impacted the Santa Clara community (not to
exceed five hundred words). The community impact
statement may be used for the purposes of posting on
the City’s website.
Fundraising actuals, if applicable
6. The applicant is responsible for identifying and returning any unspent grant funds to the City within two (2) weeks after the Community Event/Activity. City Manager’s Office will review the submitted documentation outlined above for compliance and notify the grant recipient to confirm if any funds must be returned to the City. It is the responsibility of the applicant grant recipient to return any unspent grant funds within the required timeframe. submit the required documentation within the required timeframe and return any grant funds to the City within thirty (30) days after the City’s confirmation. A grant recipient may be deemed ineligible to apply for future grant opportunities through the Community Grant Program for late or return
incomplete/insufficient documentation, failure to submit documentation, or late return or failure to return grant funds as required by the City.
7. City Manager’s Office will review the submitted documentation outlined above for compliance and notify the applicant to confirm if any funds must be returned to the City. It is the responsibility of the applicant to submit the required
documentation within the required timeframe. A grant recipient may be deemed ineligible to apply for future grant opportunities through the Community Grant Program for late submission of documentation, incomplete/ Insufficient documentation, or failure to submit documentation.
I
____ j
I
I
COMMUNITY GRANT POLICY (cont.)
For Council Consideration 12/03/2024 CP 049 Page 6 of 8
ELIGIBILITY
CRITERIA FOR
YOUTH
COMPETITIONS/
PERFORMANCES
If the activity being funded is individual or group attendance at a youth competition or performance, then the applicant must demonstrate that the activity being funded by the City’s grant will satisfy all of the following criteria:
a) Funding the activity provides a benefit to Santa Clara residents, students or schools
b) Contributes positively to the recognition and image of the City of Santa Clara
c) Aligns with one of the following grant focus areas:
Santa Clara Identity/Culture/Representation/Equity
Santa Clara Youth
Community Service
d) Must be cConsistent with applicable federal and state laws regarding limitation on use of public funds. Public funds shall not be used for the following:
Religious Purposes. Grant funds shall not be used to
conduct religious services or ceremonies. A grantee
shall not spend any portion of the grant to inhibit or
promote religion, nor to convey a religious message.
Political Purposes. Grant funds shall not be used for political purposes, such as political advocacy efforts
whether for or against a political candidate, ballot
measure, or bill.
e) Grant funds requested will only be used for specific state, national, or international titles, competitions, or
performances
f) Grant funds requested should do not exceed 20% of the allowable expenses (registration, hotel, transportation, and food for participants and coaches/chaperones only) and
comport with the other requirements stated in the
application
g) Individuals, teams, or groups should either be from Santa Clara schools or have at least 50% of the students from the teams or groups be residents in the City of Santa Clara. h) Grant funds for travel related costs shall not be spent on more than one coach/chaperone for every six students. The
COMMUNITY GRANT POLICY (cont.)
For Council Consideration 12/03/2024 CP 049 Page 7 of 8 student-to-coach/chaperone ratio is at minimum six students to one coach/chaperone
PROCEDURE
FOR YOUTH
COMPETITIONS/
PERFORMANCES
1. Applicant submits timely and complete grant application to the City Manager’s Office for review. Due to short notice of advancement to state, national, or international
competitions/performances, applicant shall submit an
application within one week of advancement.
2. City Manager’s Office reviews application for compliance with eligibility criteria and availability of funds. City Manager’s Office may seek additional information from the applicant as necessary.
3. If an application is approved, the approved application marked accordingly shall be transmitted to the applicant with additional instructions, if any.
4. If an application is not approved, the applicant will be notified in writing.
5. Grant recipients shall submit within in thirty (30) days after the Youth Competition/Performance documentation of:
Proof of all allowable expenses incurred (e.g., receipts and invoices) submitted in an organized fashion that
clearly demonstrates that the grant funds have been
spent in the manner and for the purposes stated on the
approved application. Unspent grant funds, if any, should be identified.
Attendance numbers confirming the number of students
and coaches/chaperones that attended the youth
competition/performance.
A community impact statement that describes how the
competition/performance impacted the youth
groups/organizations or individuals (not to exceed five hundred words). The community impact statement may
be used for the purposes of posting on the City’s website.
4. If the applicant has received a grant for championship competition/performance attendance,rant shall submit
documentation within in 30after the competition/performance documentation of all allowable expenses incurred (e.g., receipts and invoices) and demonstrate that the grant funds have been COMMUNITY GRANT POLICY (cont.)
For Council Consideration 12/03/2024 CP 049 Page 8 of 8 spent in the manner and for the purposes stated on the approved application.
5. The applicant is responsible for identifying and returning any unspent grant funds to the City within two (2) weeks after the Community Event/Activity. It is the responsibility of the applicant to return any unspent grant funds within the required time frame.
A grant recipient may be deemed ineligible to apply for future grant opportunities through the Community Grant Program for late return or failure to return the unspent grant funds.
6. City Manager’s Office will review the submitted documentation outlined above for compliance and notify the applicant grant recipient to confirm if any funds must be returned to the City. It is the responsibility of the applicant grant recipient to submit the required documentation within the required timeframe and return any grant funds to the City within thirty (30) days after the City’s confirmation. A grant recipient may be deemed ineligible to apply for future grant opportunities through the Community Grant Program for late or submission of
documentation, incomplete/insufficient documentation, or failure to submit documentation, or late return or failure to return grant funds as required by the City.
Attachment: City of Santa Clara Community Grant Application - I
- 1
j
City of Santa Clara
Council Policy Manual
COMMUNITY GRANT POLICY
For Council Consideration 12/03/2024 Council Policy 049 Page 1 of 7
PURPOSE
POLICY
To establish a standardized process to award grants to qualifying:
501(c)(3) non-profit community organizations;
Youth athletic groups or organizations;
Educational groups or organizations; and
Individuals,
that demonstrate a financial need for grant funding for the use of supporting high impact events, activities, programs, community projects (collectively referred to in the Policy as “Community Events/Activities”), and youth competitions and performances in which the main purpose is to directly benefit the City of Santa Clara (City) and its residents, students, and schools.
Annually, and subject to availability of funds, the City Council shall establish grant appropriation(s) as part of the budget approval process.
Community grants, subject to availability of funds, shall not exceed $10,000 per applicant, per fiscal year. All grant requests, including those made directly to a member of the City Council, shall be referred to the City Manager’s Office for review. Applications will be evaluated by the City Manager’s Office on a case-by-case and “first come-first served” basis, throughout the fiscal year.
The City Manager’s Office shall approve or deny an applicant’s request based upon the eligibility criteria, adherence to procedures set forth below, and subject to funding availability as approved by the City Council through the adoption of the budget. Additionally, if the event or activity being requested for funding has been previously supported by the City, the City Manager’s Office may evaluate the event or activity’s past success, measured by the applicant’s ability to meet attendance and/or grant goals, fundraising projections and the applicant’s ability to satisfy the requirements of this policy, when considering approval or denial of a request.
An applicant that receives grant funds (grant recipient) may be required to return awarded grant funds, in part or in full, and considered ineligible to submit a new grant request after the conclusion of their Community City of
Santa Clara
The Center of What's Possible
COMMUNITY GRANT POLICY (cont.)
For Council Consideration 12/03/2024 CP 049 Page 2 of 7
ELIGIBILITY
CRITERIA FOR
COMMUNITY
EVENTS /
ACTIVITIES
In addition to a timely and complete application, the applicant must demonstrate that the Community Event/Activity submitted for consideration for the City’s grant will satisfy all of the following criteria:
a) Must be held within the City of Santa Clara
b) Contributes positively to the recognition and image of the City of Santa Clara
c) Provides a community benefit to the residents of Santa Clara Event/Activity/ or Youth Competition/Performance should any of the following occur:
Misuse of grant funds,
Failure to provide documentation demonstrating that grant funds were spent in the manner approved by the City,
Failure to follow the terms outlined under this Policy and in the approved grant application; and
Material changes to the Community Event/Activity, or Youth Competition/Performance without prior City approval.
Grant recipients that are ineligible to apply for a Community Grant in the future due to incompliance with this Policy, may apply again one year after resolution of outstanding issues.
Submission of an application in no way obligates the City to award a grant and the City reserves the right to reject any or all applications, wholly or in part, at any time, without penalty. In all cases, the City reserves the right to reject any and all applications in the event the City Manager’s Office identifies a potential conflict of interest or the appearance of a conflict of interest. Staff shall report any distributions in accordance with applicable tax law.
Grant recipients, regardless of the type of activity, shall maintain sufficient books and records in accordance with generally accepted accounting principles. The City shall have the right to audit the books and records of the grant recipient for up to four (4) years from the date of disbursement of grant funds for the purpose of verifying any and all reimbursement requests made by the grant recipient.
COMMUNITY GRANT POLICY (cont.)
For Council Consideration 12/03/2024 CP 049 Page 3 of 7 d) Must be open to the general public, and does not discriminate on the basis of race, gender, religion, sexual orientation, or any other protected characteristic under state or federal law e) Aligns with one of the following grant focus areas:
Santa Clara Identity/Culture/Representation/Equity
Santa Clara Youth
Community Service
f) Must be consistent with applicable federal and state laws regarding limitation on use of public funds. Public funds shall not be used for the following:
Religious Purposes. Grant funds shall not be used to
conduct religious services or ceremonies. A grantee
shall not spend any portion of the grant to inhibit or
promote religion, nor to convey a religious message.
Political Purposes. Grant funds shall not be used for political purposes, such as political advocacy efforts
whether for or against a political candidate, ballot
measure, or bill.
g) If the event or activity is a fundraising event, the proceeds from the fundraising activity will support programs, services or events for residents of the City of Santa Clara.
Grant funds may only be used for the following eligible expenses for the Community Event/Activity:
Permits, fees and services from the City of Santa Clara and other public agencies
Venue rental fees and related insurance
Food and non-alcoholic beverage (Food and beverage costs should not exceed 15% of the total grant request amount) Trash and recycling
Rental of stage, tents, and similar equipment
Marketing and promotion of the Community Event/Activity, such as printing expenses of promotional materials and fees COMMUNITY GRANT POLICY (cont.)
For Council Consideration 12/03/2024 CP 049 Page 4 of 7 related to advertising to the public (excluding third-party services to design marketing materials)
Incidental, one-time expenses purchased specifically for the Community Event/Activity
Grant funds shall not be used for other costs, including but not limited to the following:
Gifts and giveaway items such as gift cards, raffle baskets, and prizes
Programmatic expenses such as staff time, overhead costs, consultant services, and payment of hired staff
Additionally, grants for Community Events/Activities shall not be provided for waiver of or reimbursement for already discounted permit fees nor shall they be provided to organizations that receive separate annual funding from the City.
PROCEDURE
FOR
COMMUNITY
EVENTS /
ACTIVITIES
1. Applicant submits timely and complete grant application to the City Manager’s Office for review at least ninety (90) days and no more than six (6) months before the planned Community Event/Activity. The application must include an itemized budget for the Community Event/Activity, which must detail how the requested grant funds will be spent on eligible expenses, if awarded.
2. City Manager’s Office reviews application for compliance with eligibility criteria and availability of funds. City Manager’s Office may seek additional information from the applicant as
necessary.
3. If an application is approved, the approved application, marked accordingly, shall be transmitted to the applicant with additional instructions, if any.
4. If an application is not approved by the City Manager’s Office, the applicant will be notified in writing.
5. Grant recipients shall submit within in thirty (30) days after the Community Event/Activity documentation of:
Proof of all allowable expenses incurred (e.g., receipts and invoices) submitted in an organized fashion that
COMMUNITY GRANT POLICY (cont.)
For Council Consideration 12/03/2024 CP 049 Page 5 of 7 clearly demonstrates that the grant funds have been
spent in the manner and for the purposes stated on the
approved application and identifies. Unspent grant
funds, if any, should be identified.
Attendance numbers
A community impact statement that describes how the
event impacted the Santa Clara community (not to
exceed five hundred words). The community impact
statement may be used for the purposes of posting on
the City’s website.
Fundraising actuals, if applicable
6. City Manager’s Office will review the submitted documentation outlined above for compliance and notify the grant recipient to confirm if any funds must be returned to the City. It is the responsibility of the grant recipient to submit the required documentation within the required timeframe and return any grant funds to the City within thirty (30) days after the City’s confirmation. A grant recipient may be deemed ineligible to apply for future grant opportunities through the Community Grant Program for late or incomplete documentation, failure to submit documentation, or late return or failure to return grant funds as required by the City.
ELIGIBILITY
CRITERIA FOR
YOUTH
COMPETITIONS/
PERFORMANCES
If the activity being funded is individual or group attendance at a youth competition or performance, then the applicant must demonstrate that the activity being funded by the City’s grant will satisfy all of the following criteria:
a) Funding the activity provides a benefit to Santa Clara residents, students or schools
b) Contributes positively to the recognition and image of the City of Santa Clara
c) Aligns with one of the following grant focus areas:
Santa Clara Identity/Culture/Representation/Equity
Santa Clara Youth
Community Service
COMMUNITY GRANT POLICY (cont.)
For Council Consideration 12/03/2024 CP 049 Page 6 of 7 d) Must be consistent with applicable federal and state laws regarding limitation on use of public funds. Public funds shall not be used for the following:
Religious Purposes. Grant funds shall not be used to
conduct religious services or ceremonies. A grantee
shall not spend any portion of the grant to inhibit or
promote religion, nor to convey a religious message.
Political Purposes. Grant funds shall not be used for political purposes, such as political advocacy efforts
whether for or against a political candidate, ballot
measure, or bill.
e) Grant funds requested will only be used for specific state, national, or international titles, competitions, or
performances
f) Grant funds requested should not exceed 20% of the
allowable expenses (registration, hotel, transportation, and food for participants and coaches/chaperones only) and
comport with the other requirements stated in the
application
g) Individuals, teams, or groups should either be from Santa Clara schools or have at least 50% of the students from the teams or groups be residents in the City of Santa Clara. h) Grant funds for travel related costs shall not be spent on more than one coach/chaperone for every six students.
PROCEDURE
FOR YOUTH
COMPETITIONS/
PERFORMANCES
1. Applicant submits timely and complete grant application to the City Manager’s Office for review. Due to short notice of advancement to state, national, or international
competitions/performances, applicant shall submit an
application within one week of advancement.
2. City Manager’s Office reviews application for compliance with eligibility criteria and availability of funds. City Manager’s Office may seek additional information from the applicant as necessary.
3. If an application is approved, the approved application marked accordingly shall be transmitted to the applicant with additional instructions, if any.
4. If an application is not approved, the applicant will be notified in writing.
COMMUNITY GRANT POLICY (cont.)
For Council Consideration 12/03/2024 CP 049 Page 7 of 7
5. Grant recipients shall submit within in thirty (30) days after the Youth Competition/Performance documentation of:
Proof of all allowable expenses incurred (e.g., receipts and invoices) submitted in an organized fashion that
clearly demonstrates that the grant funds have been
spent in the manner and for the purposes stated on the
approved application. Unspent grant funds, if any, should be identified.
Attendance numbers confirming the number of students
and coaches/chaperones that attended the youth
competition/performance.
A community impact statement that describes how the
competition/performance impacted the youth
groups/organizations or individuals (not to exceed five hundred words). The community impact statement may
be used for the purposes of posting on the City’s website.
6. City Manager’s Office will review the submitted documentation outlined above for compliance and notify the grant recipient to confirm if any funds must be returned to the City. It is the responsibility of the grant recipient to submit the required documentation within the required timeframe and return any grant funds to the City within thirty (30) days after the City’s confirmation. A grant recipient may be deemed ineligible to apply for future grant opportunities through the Community Grant Program for late or incomplete documentation, failure to submit documentation, or late return or failure to return grant funds as required by the City.
Resolution/Council Policy 049 Community Grant Policy Page 1 of 2 RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
AMENDING COUNCIL POLICY 049 COMMUNITY GRANT
POLICY TO ENHANCE ELIGIBILITY REQUIREMENTS AND
CRITERIA, PROMOTE ACCOUNTABILITY AND INCREASE
PROTECTIONS FOR THE CITY, AND INCLUDE ADDITIONAL
POST EVENT REQUIREMENTS FOR GRANT RECIPIENTS FOR
THE COMMUNITY GRANT PROGRAM
WHEREAS, Council Policy 049 Community Grant Policy (Policy) establishes a standardized process for awarding grants to qualifying applicants for events, activities, and youth competitions and performances through the Community Grant Program; WHEREAS, the City provides such grant funds with the goal of supporting high impact events, activities, programs, community projects, and youth competitions and performances that benefit the City of Santa Clara and its residents, students, and schools; WHEREAS, the amendments to the Policy seek to encourage inclusivity and creativity by expanding the types of community events/activities and expenses eligible for funding under the Community Grant Program;
WHEREAS, the amendments to the Policy seek to enhance customer service, promote accountability, and streamline the grant process by providing clear and detailed instructions and requirements for applicants and grant recipients regarding the entire grant process, from the time of grant application submittal to post event procedures after the award of grant funds; WHEREAS, through the amended Policy, the City will continue its promotion of community engagement and service through a further streamlined Community Grant Program to support high impact events and activities that benefit the Santa Clara community.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That Council Policy 049 “Community Grant Policy” attached here as Attachment 1, is hereby approved and adopted.
2. Effective date. This resolution shall become effective immediately.
Resolution/Council Policy 049 Community Grant Policy Page 2 of 2
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 3rd DAY OF DECEMBER, 2024, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
ATTEST: ______________________________
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachment incorporated by reference:
1. Council Policy 049 Community Grant Policy
Community Grant Policy Proposed Amendments Summary
Current Policy Proposed Amendments Presented to
Governance and Ethics Committee
Feedback from
Governance and
Ethics Committee
Proposed Amendments After July 2, 2024 Governance and
Ethics Committee Discussion
The current Policy does not require applicants to have a financial need to receive grant funding. Current language: To establish a standardized process to award grants to qualifying non-profit community organizations, youth athletic groups or organizations, educational groups or organizations, or individuals, for events, activities, and competitions that provide a public benefit for the City of Santa Clara and its residents.
The reasoning behind this proposed amendment was to promote altruism, inclusivity, and effective use of grant funds towards Community Events/Activities that are being hosted by applicants that have a financial need for grant funding. Proposed language: To establish a standardized process to award grants to: Qualifying 501(c)(3) non-profit community organizations;
youth athletic groups or organizations; educational groups or organizations; and individuals that have a financial need for the use of supporting high impact events, activities, programs, community projects (collectively referred to in the Policy as “Community Events/Activities”), and youth competitions and performances in which the main purpose is to directly benefit the City of Santa Clara and its residents, students, and schools.
Governance and Ethics Committee approved this update without amendment.
Upon further review, staff recommends minor clarifying edits which are reflected below. If approved, the Community Grant application will be updated to include a field for applicants to explain why the grant is needed and provide supporting documentation as necessary. The application is currently an attachment to the policy, but it is not a policy document. Rather, the application is a form intended to aid the applicant and the City Manager’s Office in the application process to ensure that staff has sufficient information to evaluate. Therefore, in an effort to streamline the grant process, staff also recommends removing the application as an attachment to the Policy to allow for future administrative updates as necessary. Proposed amended language: To establish a standardized process to award grants to qualifying: 501(c)(3) non-profit community organizations; youth athletic groups or organizations; educational groups or organizations; and individuals that demonstrate a financial need for grant funding for the use of supporting high impact events, activities, programs, community projects (collectively referred to in the Policy as “Community Events/Activities”), and youth competitions and performances in which the main purpose is to directly benefit the City of Santa Clara (City) and its residents, students, and schools.
Community Grant Policy Proposed Amendments Summary
Current Policy Proposed Amendments Presented to
Governance and Ethics Committee
Feedback from
Governance and
Ethics Committee
Proposed Amendments After July 2, 2024 Governance and
Ethics Committee Discussion
The current Policy is limited and unclear on the types of events that are eligible. Current language: To establish a standardized process to award grants to qualifying non-profit community organizations, youth athletic groups or organizations, educational groups or organizations, or individuals, for events, activities, and competitions that provide a public benefit for the City of Santa Clara and its residents.
The Community Grant Program was originally designed to support one-time events and activities. However, there are opportunities to promote creativity and increase community engagement and direct benefits to Santa Clara residents by also supporting community projects and programs within Santa Clara. As such, the proposed amendments expanded the definition of eligible Community Events/Activities to include programs and community projects that the Community Grant Program may consider to promote increased public benefits to Santa Clara residents, students, and schools. Proposed language: … for the use of supporting high impact events, activities, programs, community projects (collectively referred to in the Policy as “Community Events/Activities”), and youth competitions and performances in which the main purpose is to directly benefit the City of Santa Clara and its residents, students, and schools.
Governance and Ethics Committee approved this update without amendment.
None
The current Policy outlines
the following language regarding grant appropriations: Annually, and subject to availability of funds, the City Council shall establish grant appropriation(s) as part of the budget approval process.
There were no proposed amendments to this section in the Policy or aspect of the Community Grant Program when presented to the Governance and Ethics Committee.
The Governance and Ethics Committee requested an update to the Policy to include proposed amendments that would allow the remaining balance of unused grant funds in the Community Grant Program budget to be carried over to the next fiscal year.
Since FY 2021/22, an average of $52,000 has been awarded annually in Community Grants, leaving on average, a remainder of $38,000 in the Community Grant Program budget per fiscal year that is absorbed back in the City’s General Fund. While the Community Grant Program has had remaining balances in past fiscal years, staff is planning to promote and expand the Community Grant Program to encourage more potential applicants to apply which could result in more expended funds. Consistent with City practices, staff recommends bringing forward any potential carryovers of unspent Community Grant Program funds as part of the adopted budget or budgetary year end process for City Council consideration.
Community Grant Policy Proposed Amendments Summary
Current Policy Proposed Amendments Presented to
Governance and Ethics Committee
Feedback from
Governance and
Ethics Committee
Proposed Amendments After July 2, 2024 Governance and
Ethics Committee Discussion
The current Policy outlines
the following language regarding maximum grant amount: Community grants, subject to availability of funds, shall not exceed $10,000 per applicant, per fiscal year.
There were no proposed amendments to this section in the Policy or aspect of the Community Grant Program when presented to the Governance and Ethics Committee.
The Governance and Ethics Committee requested updated policy language to increase the maximum grant award amount annually to account for inflation.
In the Community Grant application, applicants must specify the amount of grant funds requested. Upon confirming that the requested grant funds will be spent toward eligible expenses, grant amounts have ranged from $900 to the maximum award amount of $10,000 for an average grant amount of $8,715 per approved applicant from FY 2021/22 through FY 2023/24. Staff’s recommendation is to leave the current policy language in its current form and re-visit this provision if necessary to increase the grant amount to account for inflation if the $10,000 maximum award proves to be insufficient over time due to inflation. Additionally, if there is a need for more grant funds, then Council can approve those funds through the budget process or through a bud get amendment, consistent with current Cit
y practice.
The current Policy outlines the following language regarding application submittal: Applications will be evaluated by the City Manager’s Office on a case-by-case and “first come-first served” basis, throughout the fiscal year.
There were no proposed amendments to this section in the Policy or aspect of the Community Grant Program when presented to the Governance and Ethics Committee.
The Governance and Ethics Committee requested proposed amendments to allow for a portion of the Community Grant Program budget to be reserved for later in the year for Youth Competitions / Performances.
Before the Community Grant Program absorbed the Championship Team Trust Fund, $36,000 was budgeted annually for youth participation in championship games. In FY 2023/24, $18,265 was awarded for youth participation in competitions and performances (inclusive of sports, academics, etc.). Staff recommends leaving the current Policy language in its current form and re-visiting this in the future if the program budget is exhausted before youth groups/individuals have a chance to apply upon advancement to their respective competition or performance.
Community Grant Policy Proposed Amendments Summary
Current Policy Proposed Amendments Presented to
Governance and Ethics Committee
Feedback from
Governance and
Ethics Committee
Proposed Amendments After July 2, 2024 Governance and
Ethics Committee Discussion
The current Policy is silent on prohibited uses of grant funds and does not provide guidance to address policy violations.
Grant requirements are clearly communicated through the approved grant application and corresponding grant approval letter provided to grant recipients under the grant approval process. The proposed amendments include language that aims to promote accountability and increase protections for the City by setting clear instructions on how grant funds can be spent and what needs to be submitted to the City for auditing. Proposed language: An applicant that receives grant funds may be required to return awarded grant funds, in part or in full, and considered ineligible to submit a new grant request after the conclusion of their event/activity/competition should any of the following occur: • Misuse of grant funds, • Failure to provide documentation demonstrating that grant funds were spent in the manner they were approved by the City, • Failure to follow the terms outlined under this Policy and in the approved grant application; and • Major changes to the event, activity, or competition without prior City approval.
The Governance and Ethics Committee approved staff’s recommendation with an additional request that staff consider term limits for suspension based on the severity of the policy and demonstration of organizational change by which the infraction occurred.
Staff reviewed the Committee’s request and propose a period of one year upon resolution of outstanding issues. A term limit of one year provides a grant recipient sufficient time and opportunity to review the requirements in the Policy in preparation of an application submittal as a recurring applicant, if desired. Proposed amended language: An applicant that receives grant funds (grant recipient) may be required to return awarded grant funds, in part or in full, and considered ineligible to submit a new grant request after the conclusion of their Community Event/Activity or Youth Competition/Performance should any of the following occur: • Misuse of grant funds, • Failure to provide documentation demonstrating that grant funds were spent in the manner approved by the City, • Failure to follow the terms outlined under this Policy and in the approved grant application; and • Material changes to the Community Event/Activity or Youth Competition/Performance without prior City approval. Grant recipients that are ineligible to apply for a Community Grant in the future due to incompliance with this Policy, may apply again in one year after resolution of outstanding issues.
Community Grant Policy Proposed Amendments Summary
Current Policy Proposed Amendments Presented to
Governance and Ethics Committee
Feedback from
Governance and
Ethics Committee
Proposed Amendments After July 2, 2024 Governance and
Ethics Committee Discussion
The current Policy’s eligibility criteria require applicants to demonstrate how the request for grant funding aligns with City Council Goals which are established as part of the City Council’s Priority Setting process and are intended to set goals and priorities of the City which may not always be directly applicable to the Community Grant Program. Current language: a) Provides a benefit to Santa Clara residents b) Contributes positively to the recognition and image of the City of Santa Clara c) If the grant is for an event, then the event will be open to the general public and does not discriminate on the basis of race, gender, religion, sexual orientation, or any other protected characteristic under state or federal law d) Aligns with established Council Goals e) Grant Funds will not be used for political or religious purposes f) If the event or activity is a fundraising event, that the proceeds from the fundraising activity will support programs, services or events for residents of the City of Santa Clara Staff recommended replacing the Council Goals with grant focus areas to better assist applicants with identifying how the proposed Community Event/Activity or Youth Competition/Performance aligns with priorities central to the Community Grant Program. Staff also recommended updating the policy with a clearer definition of political and religious purposes for consistency with state and federal laws. Proposed language: a) Must be held within the City of Santa Clara b) Provides a community benefit to the residents of Santa Clara c) Must be open to the general public, and does not discriminate on the basis of race, gender, religion, sexual orientation, or any other protected characteristic under state or federal law d) Aligns with the following grant focus areas: • Santa Clara Identity/Culture/Representation/Equity • Santa Clara Youth • Community Service e) Consistent with applicable federal and state laws regarding limitation on use of public funds. Public funds shall not be used for the following:
• Religious Purposes. Grant funds shall not be
used to conduct religious services or ceremonies. A grantee shall not spend any portion of the grant to inhibit or promote religion, nor to convey a religious message. • Political Purposes. Grant funds shall not be used
for political purposes, such as political advocacy efforts whether for or against a political candidate, ballot measure, or bill. f) If the event or activity is a fundraising event, that the proceeds from the fundraising activity will support programs, services or events for residents of the City of Santa Clara Governance and Ethics Committee approved this update without amendment.
The proposed amendments presented to the Governance and Ethics Committee removed eligibility requirement (b) for Community Events/Activities in an effort to reduce any potential redundancy in the amended Policy. However, this eligibility requirement remained intact for Youth Competitions/Performances. Since the eligibility requirements for the two grant categories have been separated for clarity, staff recommends adding this eligibility requirement back into the proposed Policy amendments under Community Events/Activities for consistency, in addition to the recommended clarifying edits reflected below. Proposed amended language:
a) Must be held within the City of Santa Clara b) Contributes positively to the recognition and image of the City of Santa Clara c) Provides a community benefit to the residents of Santa Clara d) Must be open to the general public, and does not discriminate on the basis of race, gender, religion, sexual orientation, or any other protected characteristic under state or federal law e) Aligns with one of the following grant focus areas: • Santa Clara Identity/ Culture/Representation /Equity • Santa Clara Youth • Community Service f) Must be consistent with applicable federal and state laws regarding limitation on use of public funds. Public funds shall not be used for the following:
• Religious Purposes. Grant funds shall not be used to conduct religious services or ceremonies. A grantee shall not spend any portion of the grant to inhibit or promote religion, nor to convey a religious message. • Political Purposes. Grant funds shall not be used for political purposes, such as political advocacy efforts whether for or against a political candidate, ballot measure, or bill. g) If the event or activity is a fundraising event, the proceeds from the fundraising activity will support programs, services or events for residents of the City of Santa Clara Community Grant Policy Proposed Amendments Summary
Current Policy Proposed Amendments Presented to
Governance and Ethics Committee
Feedback from
Governance and
Ethics Committee
Proposed Amendments After July 2, 2024 Governance and
Ethics Committee Discussion
The current Policy only lists a few expenses that are eligible for grant funding and is silent on ineligible expenses. Current language: Allowable expenses shall be defined as: City permits, Fees and Services, Venue, Food and Beverage, Trash/Recycling, and Stage/Tent Rentals. Grant funds requested for Food and Beverage do not exceed 15% of the total grant amount or $1,500.
The City Manager’s Office has not historically approved grant funds for give-away items, consultant fees, and other expenses that would otherwise violate the current Policy or any other City policies. Conversely, staff aims to promote successful Community Events/Activities and consider reasonable requests for grant funds towards expenses essential to the success of the event, provided that they do not violate the current Policy or any other City policies. As such, staff proposed the amendments below: Grant funds may only be used for the following eligible expenses for the Community Event/Activity:
• City permits, fees and services, • Venue rental fees and related insurance; • Food and non-alcoholic beverage (Food and beverage costs should not exceed 15% of the total grant request amount) • Trash and recycling • Stage, tent and equipment rentals • Marketing, promotion, and advertising (excluding consultant services and marketing materials production) • Incidental, one-time related expenses specifically for the Community Event/Activity Grant funds shall not be used for costs related to the following: • Gifts and giveaway items (e.g., gift cards, raffle baskets, and prizes) • Programmatic expenses such as applicant’s staff time, overhead costs, consultant services, and p
a
yment of hired staff
Governance and Ethics Committee approved this update without amendment.
Staff proposed further amendments to the eligible expenses to include other permits, fees, and services from other public agencies and other “similar” event rentals and further clarify marketing and promotional expenses, consistent with prior City approval of such grant expenses. Proposed amended language: Grant funds may only be used for the following eligible expenses for the Community Event/Activity: • Permits, fees and services from the City of Santa Clara and other public agencies • Venue rental fees and related insurance; • Food and non-alcoholic beverage (Food and beverage costs should not exceed 15% of the total grant request amount) • Trash and recycling • Rental of stage, tents, and similar equipment • Marketing and promotion of the Community Event/Activity such as printing expenses of promotional materials and fees related to advertising to the public (excluding third-party services to design marketing materials) • Incidental, one-time related expenses specifically for the Community Event/Activity Grant funds shall not be used for costs related to the following: • Gifts and giveaway items such as gift cards, raffle baskets, and prizes • Programmatic expenses such as applicant’s staff time, overhead costs, consultant services, and payment of hired staff Community Grant Policy Proposed Amendments Summary
Current Policy Proposed Amendments Presented to
Governance and Ethics Committee
Feedback from
Governance and
Ethics Committee
Proposed Amendments After July 2, 2024 Governance and
Ethics Committee Discussion
The current Policy does not require grant recipients to provide additional information surrounding community impact of the event.
Within thirty (30) days upon the conclusion of the Community Event/Activity or Youth Competition/Performance, grant recipients must complete a post event process in which receipts and invoices are submitted for verification that grant funds were spent in the manner they were approved. This requirement in the current Policy allows the City Manager’s Office to measure a grant recipient’s past success when weighing whether to approve or deny a future request for grant funding. Staff recommended including language in the Policy requiring grant recipients to submit additional documentation during the post event process to collect information that could be used to measure the success of the event, including attendance numbers, fundraising actuals (if applicable), and community impact. Proposed language: If the applicant received grant funding, the applicant shall submit within 30 days after the Community Event/Activity documentation of: • Proof of all allowable expenses incurred (e.g., receipts and invoices) and demonstrate that the grant funds have been spent in the manner and for the purposes stated in the approved application • Attendance numbers • Community Impact • Fundraising actuals, if applicable The Governance and Ethics Committee approved the proposed amendments with an additional request that grant recipients submit a five hundred (500) word description of how the event went to be included on the City’s website.
Staff included updated language to expand the community impact requirement that would allow the City to post grant recipients’ community impact statements on the City’s website in addition to minor clarifying edits as shown below: Grant recipients shall submit within thirty (30) days after the Community Event/Activity documentation of:
Proof of all allowable expenses incurred (e.g., receipts and invoices submitted in an organized fashion that clearly demonstrates that the grant funds have been spent in the manner and for the purposes stated on the approved application. Unspent grant funds, if any, should be identified. Attendance numbers
A community impact statement that describes how the event impacted the Santa Clara community (not to exceed five hundred words). The community impact statement may be used for the purposes of posting on the City’s website.
Staff also recommends applying the same requirements to Youth Competitions/Performances: Grant recipients shall submit within thirty (30) days after the Youth Competition/Performance documentation of: Proof of all allowable expenses incurred (e.g., receipts and invoices submitted in an organized fashion that clearly demonstrates that the grant funds have been spent in the manner and for the purposes stated on the approved application. Unspent grant funds, if any, should be identified. Attendance numbers confirming the number of students and coaches/chaperones that attended the Youth Competition/Performance A community impact statement that describes how the
competition/performance impacted the youth groups/organizations or individuals (not to exceed five hundred words). The community impact statement may be used for the purposes of posting on the City’s website.
Community Grant Policy Proposed Amendments Summary
Current Policy Proposed Amendments Presented to
Governance and Ethics Committee
Feedback from
Governance and
Ethics Committee
Proposed Amendments After July 2, 2024 Governance and
Ethics Committee Discussion
The current Policy does not clearly state that the post event materials should be submitted completely and on time.
The proposed amendments included language outlining the grant recipient’s responsibility in the post event process to provide the required documentation in full and on time: Proposed language: It is the responsibility of the applicant to return any unspent grant funds within the required time frame. A grant recipient may be deemed ineligible to apply for future grant opportunities through the Community Grant Program for late return or failure to return the unspent grant funds. It is the responsibility of the applicant to submit the required documentation within the required timeframe. A grant recipient may be deemed ineligible to apply for future grant opportunities through the Community Grant Program for late submission of documentation, incomplete/insufficient documentation, or failure to submit documentation.
Governance and Ethics Committee approved this update without amendment.
Upon further review, staff is proposing additional clarifying updates to the language to consolidate and clearly describe the procedure: Proposed updated language: City Manager’s Office will review the submitted documentation outlined above for compliance and notify the grant recipient to confirm if any funds must be returned to the City. It is the responsibility of the grant recipient to submit the required documentation within the required timeframe within thirty (30) days after the City’s confirmation. A grant recipient may be deemed ineligible to apply for future grant opportunities through the Community Grant Program for late or incomplete documentation, failure to submit documentation, or late return or failure to return grant funds as required by the City.
COMMUNITY GRANT APPLICATION
INTRODUCTION
Please review the City of Santa Clara Community Grant Policy and complete this application. • Applications must be submitted at least ninety (90) days before the planned event/activity. • Applications for attendance at a youth state, national, or international competition or performance must be submitted within a week of advancing to such competition or performance.
• All applications must be submitted by mail to the City Manager’s Office at 1500 Warburton Ave. Santa Clara, CA 95050 or by email to Laura Sunseri, [email protected] • Submission of this application in no way obligates the City of Santa Clara to award a grant. • The City of Santa Clara reserves the right to reject any or all applications, wholly or in part, at any time, without penalty.
• If you have questions, contact Laura Sunseri, [email protected] (408) 615-2213.
TO BE COMPLETED BY APPLICANT
Name of Individual/Entity/Non-Profit Organization:
Address:
Tax ID #:
Contact Person Name and Title:
Contact Person E-mail:
Contact Person Phone:
Are you a non-profit organization? Yes No
If yes, please attach proof of non-profit status to this application.
Please mark what type of event/activity you are requesting grant funding for:
Youth competition or performance Other Type of Eligible Event/Activity
EVENT/ACTIVITY FOR WHICH GRANT FUNDS ARE BEING SOUGHT
Event/Activity Name:
Event/Activity Date:
Event/Activity Start Time:
Event/Activity End Time:
Event/Activity Description:
Event/Activity Venue:
Event/Activity Address:
Organization/Event/Activity Website:
Expected # of Attendees:
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COMMUNITY GRANT APPLICATION
DESCRIPTION OF EVENT/ACTIVITY FOR WHICH GRANT FUNDS ARE BEING SOUGHT Describe in detail what the grant funds will be used for and how it will benefit Santa Clara residents, students, or schools.
Describe how you will promote / advertise your event or activity for awareness to the public.
Describe how your event/activity contributes positively to Santa Clara and aligns with Council goals.
Is your event or activity open to the public? Yes No
Is your event or activity political or religious in nature? Yes No Have you received grant funding from the City of Santa Clara in the past? If yes, please describe when, how much was received, and how the funds were used.
Is your event or activity a fundraiser? Yes No
If your event is a fundraiser, please describe how the proceeds from the fundraising activity will support programs, services, or events for the residents of Santa Clara.
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COMMUNITY GRANT APPLICATION
List all other sources of funding for the event or activity:
Amount of Anticipated Expenses:
Amount of Grant Request:
Please note that applicants requesting grant funding for any type of event or activity that is not a youth competition or performance are required to submit a completed Special Event Application and a copy of the event/activity budget with this application.
GRANT FUNDING FOR YOUTH COMPETITIONS AND PERFORMANCES ONLY Please complete this section only if you are applying for grant funding for attendance at a youth state, national, or international competition or performance.
Are you affiliated with a school? Yes No
If yes, please complete the information requested below.
School Name:
Percentage of Students who are Santa Clara Residents:
Please provide the anticipated expense breakdown for registration, transportation, hotel, and/or food. Please note that alcohol is not an allowable expense for grant funds.
Registration: $
Transportation: $
Hotel: $
Food: $
Total Eligible Expenses: $
20% of Eligible Expenses: $
Please state the number of students, coaches and/or chaperones being funded below. Please note that the acceptable ratio is six students to one coach/chaperone.
Number of Youth:
Number of Coaches/Chaperones:
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COMMUNITY GRANT APPLICATION
By my signature below, I have read and understand the Community Grant Policy. I make the following representations and acknowledge agreement to the following terms and conditions:
• Upon approval of this application, as evidenced by the signature of the City Manager below, this application becomes a binding contract between the entity named above and the City of Santa Clara.
• I am the duly authorized representative of the entity named above and can bind the entity to the terms of this Agreement.
• If funds are provided by the City, the funds will be used for the purposes set forth above. • In no event shall the City’s financial responsibility exceed the approved amount, set forth below.
• I bear full responsibility for any and all tax consequences of receiving grant funds including, but not limited to, issuance of a 1099 by the City.
• This application and award of grant shall be subject to the requirements of the Community Grant Policy.
• There is no agency, employment, joint venture or other such relationship created by virtue of award of the grant. The City does not endorse the specific event or activity. • Applicant shall defend and indemnify the City and its employees from and against any claim, injury, liability, loss, cost and/or expense or damage including all costs and reasonable attorney’s fees, arising from or alleged to arise from the activity or event. • If applicable, the applicant shall satisfy the City’s insurance requirements. • The representations made by applicant in this Application are material terms of the agreement, as is compliance with the requirements of the Community Grant Policy. The City may cancel this agreement at any time upon discovery that any of the information set forth above is inaccurate, that these terms have been violated, or any provision of the Community Grant Policy has been violated.
• If the grant is for competition or performance attendance, Applicant shall abide by the guidelines set forth in the attachment, and will submit to the City Manager’s Office proof of expenses actually incurred, as well as allocation of grant funds, in a form acceptable to the City Manager’s Office, within thirty (30) days after the competition.
Applicant Signature: _________________________________ Date:
TO BE COMPLETED BY CITY STAFF
Community Grant Application Granted? Yes No
If yes, list amount of grant:
If no, provide reason for denial:
If no, has notification been sent to applicant? Yes No
Is insurance required for applicant? Yes No
Additional requirements for applicant:
City Manager Signature: _________________________________ Date:
Post-event Audit Completion Date:
Signature of Staff Person Completing the Post-event Audit:
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INITIAL GRANT FUNDING AGREEMENT
BETWEEN THE
FORTY NINERS SC STADIUM COMPANY LLC
AND CITY OF SANTA CLARA
This Initial Grant Funding Agreement ("Agreement") is entered into effective as of June 2, 2024 (“Effective Date”), by and between the City of Santa Clara ("City"), and Forty Niners SC Stadium Company LLC ("StadCo"), (sometimes referred to collectively herein as the
"Parties"), with reference to the following facts:
RECITALS
A. The Santa Clara Stadium Authority (“SCSA”) and Levi’s Strauss & Co. (“Levi’s”) have previously entered into that certain Naming Rights Agreement dated May 9, 2013 (“Naming Rights Agreement”) pursuant to which SCSA granted certain “Naming Rights Entitlements” as defined therein, to Levi’s for a term of 20 years.
B. On January 30, 2024, SCSA and Levi’s entered into that certain First Amendment to Naming Rights Agreement pursuant to which the parties are agreeing to a 10 year extension of the Naming Rights Agreement.
C. Concurrently, SCSA and StadCo entered into the Levi’s Stadium Naming Rights Extension and Enhanced Signage Project Implementation Agreement (“Implementation Agreement”) to address each party’s share in the cost for the design, construction and installation of the Enhanced Signage and StadCo has agreed to formalize its ongoing commitment to support charitable causes impacting the City of Santa Clara community.
D. Through the Implementation Agreement, StadCo committed to contributing, from StadCo or an affiliated entity, $200,000 annually for twenty years to non-profit organizations and community projects serving or directly impacting the City of Santa Clara community.
E. While the parties are developing the community grants process for the distribution of these annual grants, StadCo is prepared to make the initial $200,000 annual funding commitment to the Santa Clara Community for years 1-3. This Agreement serves to address the distribution of the initial $600,000 and a process for developing a program for the distribution of the remaining commitment in the ensuing years.
NOW, THEREFORE, in consideration of the above-recitals, and other valuable consideration the receipt and sufficiency of which the parties hereby acknowledge, the Parties agree as follows:
1. In General: StadCo confirms its commitment under the terms of the Implementation Agreement to cause, through its related companies and/or charitable affiliates, grants and/or donations in the amount of $200,000 annually for twenty (20) years commencing on or about April 1, 2024 (the “49ers Grant Commitment”) for the benefit of non-profit organizations or community projects serving or directly impacting the City of Santa Clara community through the City’s community grants program (“Community Grant Program”).
2. Initial Grant Distribution for Years 1-3: The parties to this Agreement agree that additional time is required to develop the long-term Community Grant Program for the distribution of the 49ers Grant Commitment. Pending the finalization of this program, the parties agree that the 49ers Grant Commitment distribution for the Years 1-3 (the “Initial Term Commitment”) shall be made as follows:
Year 1 (April 1 2024 – March 31, 2025):
Santa Clara Swim Club: $100,000
Bill Wilson Center: $50,000
City of Santa Clara Community Grants Program: $50,000
Year 2 (April 1, 2025 – March 31, 2026)
Santa Clara Swim Club: $100,000
City of Santa Clara Community Grants Program: $50,000
Qualified Santa Clara Beneficiary To Be Determined $50,000 Year 3 (April 1, 2026 – March 31, 2027):
Santa Clara Swim Club: $100,000
City of Santa Clara Community Grants Program: $50,000
Qualified Santa Clara Beneficiary To Be Determined $50,000
3. Terms for Initial Donation and Distribution. The Initial Term Commitment shall be paid to directly to the City as the “fiscal agent” for the donations contemplated by this Agreement. In year one, StadCo shall cause the payment to occur within ten (10) business-days after the Effective Date. For years two and three, StadCo shall cause the payment to the City to occur on or before April 1, 2025 and April 1, 2026, respectively. Upon receipt of such amounts, the City shall, in turn shall cause the donations to be made in accordance with schedule set forth in Section 2 of this Agreement, above. City shall make all scheduled donation payments to the “Santa Clara Swim Club” and the “Bill Wilson Center” as soon as possible after receipt of the corresponding Initial Term Commitment funds. In the event that the City has not made the distribution within thirty (30) business days following receipt of such funds from StadCo, the respective amounts shall immediately be returned to the entity that provided the funds and such entity shall make such payments directly to the “Santa Clara Swim Club” and the “Bill Wilson Center.” City distribution of amounts designated for the “City of Santa Clara Community Grants Program” shall be made in the corresponding fiscal year at such times and to such beneficiaries as City staff shall determine, after consultations with StadCo, or its designee, in accordance with City Community Grants Program guidelines.
City distribution of amounts designated for any “Qualified Santa Clara Beneficiary To Be Determined” shall be made in the corresponding fiscal year at such times and
to such beneficiaries as StadCo, or its designee, shall select through a process it shall determine, after consultations with and subject to approval from City staff. In the event that the City has not made the distribution within thirty (30) business days following the designation of the recipient by StadCo or its designee, the respective amounts shall immediately be returned to the entity that provided the funds and such entity shall make such payments directly to the recipient(s).
4. Subsequent Grant Distribution for Years 4-20: The parties agree to that the grant distributions for Years 4-20 will be made in accordance with the terms of one or more subsequent Grant Funding Agreements between the parties. By no later than April 1, 2026, City staff and StadCo will meet and confer to develop the Community Funding Agreement for the distribution of the Grant Funds for Years 4-20. In order to provide, at a minimum, for the designation of the Year 4 grant recipients the parties shall endeavor to complete the Community Grant Funding Agreement for at least year 4 by on or before October 31, 2026.
5. Contract Administrator: The City Manager is hereby authorized to execute any grant agreements and other additional documents to effectuate the distribution of Initial Grant Distribution for Years 1-3. Any such documentation shall be reasonably approved by StadCo and reflect StadCo, or its designee, as the source of the funds being provided to the recipient and the City as the “fiscal agent” for StadCo.
6. Other Agreements; Further Assurances: As reasonably necessary to implement the terms of this Agreement, the parties agree to enter into such additional agreements, and take such additional actions as are reasonably necessary in order to fulfill their respective obligations under the terms of this Agreement. [NEXT PAGE IS SIGNATURE PAGE]
SIGNATURE PAGE TO
GRANT FUNDING AGREEMENT
BETWEEN THE
FORTY NINERS SC STADIUM COMPANY LLC
AND CITY OF SANTA CLARA
IN WITNESS WHEREOF, the undersigned have executed this Agreement and agreed to be bound by its terms as of the Effective Date.
FORTY NINERS SC STADIUM COMPANY
LLC
By:
Name: Jihad F. Beauchman
Title: Executive Vice President & General Counsel
CITY OF SANTA CLARA
By:
-ƿ9$1 D. GROGAN
CITY MANAGER
Approved as to Form
By:
Glen R. Googins, City Attorney