HomeMy WebLinkAbout09-02-20220 Agenda Packet
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IMPORTANT COVID-19 NOTICE
CITY OF SAN BERNARDINO
AGENDA
FOR THE
REGULAR MEETING OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR
AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY
WEDNESDAY, SEPTEMBER 2, 2020
5:30 PM – CLOSED SESSION 7:00 PM – OPEN SESSION
WEB-CONFERENCE • VIA ZOOM • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG
Theodore Sanchez John Valdivia Jim Mulvihill
MAYOR PRO-TEM, W ARD 1 MAYOR COUNCIL MEMBER, WARD 7
Sandra Ibarra
Teri Ledoux
COUNCIL MEMBER, W ARD 2 CITY MANAGER
Juan Figueroa Sonia Carvalho
COUNCIL MEMBER, W ARD 3
CITY ATTORNEY
Fred Shorett Genoveva Rocha
COUNCIL MEMBER, W ARD 4 ACTING CITY CLERK
Henry Nickel
COUNCIL MEMBER, W ARD 5
Bessine L. Richard
COUNCIL MEMBER, W ARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.
o There is a 3 minute time limit, per person, for all comments, excluding public or quasi-judicial
hearings.
o Written comment on any item may also be submitted to the City Clerk to be included in the meeting
record. It will not be read aloud by the City Clerk.
o Please contact the City Clerk’s Office (909) 384-5002 two working days prior to the meeting for any
requests for reasonable accommodation to include interpreters.
o All documents for public review are on file with the City Clerk’s Office or may be accessed onlin e by
going to www.sbcity.org.
Regular Meeting Agenda September 2, 2020
Mayor and City Council of the City of San Bernardino Page 3 Printed 8/28/2020
CALL TO ORDER
Attendee Name Present Absent Late Arrived
Mayor Pro-Tem, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Council Member, Ward 4 Fred Shorett
Council Member, Ward 5 Henry Nickel
Council Member, Ward 6 Bessine L. Richard
Council Member, Ward 7 Jim Mulvihill
Mayor John Valdivia
Acting City Clerk Genoveva Rocha
City Attorney Sonia Carvalho
City Manager Teri Ledoux
5:30 P.M.
CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION
(A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1)):
i. Mirna Cisneros, an individual v. John Valdivia, et al., San Bernardino Superior
Court Case No. CIVDS2012926
ii. Jackie Aboud, an individual v. John Valdivia, et al., San Bernardino Superior
Court Case No. CIVDS2013562
iii. Karen Cervantes, an individual v. John Valdivia, et al., San Bernardino
Superior Court Case No. CIVDS2012538
iv. Pepe’s Inc. dba Pepe’s Towing v. City of San Bernardino, et al., United
States District Court Case No. 5:18-cv-02277 SVW (SPx)
v. Pepe’s Inc., a California Corporation, dba Pepe’s Towing v. City of San
Bernardino, Virginia Marquez, et al., 9th Circuit Court of Appeal, Case No.
19-56501
vi. Pepe’s Inc. v. City of San Bernardino, et al., California Court of Appeal, 4th
Appellate District, Division 2, Case No. E0741745 (Underlying SBCSC Case No.
CIVDS1827968)
Regular Meeting Agenda September 2, 2020
Mayor and City Council of the City of San Bernardino Page 4 Printed 8/28/2020
7:00 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
PRESENTATIONS
1. Caltrans District 8 $1.7 million Complete Street Reservation Project for Route
66
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
STAFF REPORTS
2. Resolution Authorizing the Execution of an Employment Agreement for the
Position of City Manager
Recommendation
Adopt Resolution No. 2020-221 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the Mayor to execute an employment agreement
for the position of City Manager with Robert D. Field to commence on S eptember
21, 2020.
3. Introduction and First Reading of an Ordinance Imposing a Local Campaign
Finance Contribution Limit
Recommendation
Introduce, read by title only, and waive further reading of Ordinance MC -1542,
adding section 2.56.090 establishing no campaign contribution limit requirements
for elected officials within the City of San Bernardino.
PUBLIC HEARINGS
4. Public Hearing and Resolution Approving the Vacation of a Portion of 4TH
Street and the Reservation of Utilities Therein
Recommendation
Conduct public hearing per Streets and Highway Code sections 8322 -8325 and
adopt Resolution 2020-216 of the Mayor and City Council of the City of San
Bernardino, California, approving the vacation of a portion of 4 th Street, and the
reservation of utilities therein.
CONSENT CALENDAR
5. Approval of Commercial and Payroll Disbursements
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California approve the commercial and payroll disbursements for August 2020.
Regular Meeting Agenda September 2, 2020
Mayor and City Council of the City of San Bernardino Page 5 Printed 8/28/2020
6. Monthly Investment Portfolio Report for July 2020
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino
accept and file the Monthly Investment Portfolio Report for July 2020.
7. Resolution to Amend the Professional Services Agreement with Jones &
Mayer to Provide Legal Counsel to the Personnel Commission in Association
Disciplinary Appeal Hearings
Recommendation
Adopt Resolution No. 2020-213 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to execute an amendment to
the Professional Services Agreement between Jones & Mayer and the City of San
Bernardino to provide legal counsel to the Personnel Commission in association
with disciplinary appeal hearings.
8. Mitigated Negative Declaration and a Mitigation Monitoring and Reporting
Program for State Street Extension Project
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-189:
1. Adopting a Mitigated Negative Declaration (MND); and
2. Approving a Mitigation Monitoring and Reporting Program (MMRP); and
3. Authorizing the Director of Community an Economic Development or designee to
file a Notice of Determination (NOD) with the Clerk of the Board of Supervisors of
San Bernardino County for the State Street Extension Project (SS04-009).
9. Resolution Approving the Second Amendment to the Professional Services
Agreement with Engineering Resources
Recommendation
Adopt Resolution No. 2020-214 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to execute the Second
Amendment to Professional Services Agreement ("Second Amendment") with
Engineering Resources of Southern California, Inc. (ERSC) in the amount of
$6,048, for a total contract compensation amount of $235,262, to perform services
for State Street Extension Phase 1 ("Project"); and approving the carryover of
project budgets and open purchase orders from FY 2019/20 into FY 2020/21 to
support the ongoing work.
10. Resolution Declaring Intent to Conduct a Public Hearing to Order the Vacation
of Real Property Alley Vacation 15.30-434 (Scenic Drive and Inland Center
Drive)
Recommendation
Adopt Resolution 2020-215 of the Mayor and City Council of the City of San
Bernardino, California, declaring its intent to conduct a public hearing to order the
vacation of an alley, east of Scenic Drive , and approximately 200 feet south of
Inland Center Drive.
Regular Meeting Agenda September 2, 2020
Mayor and City Council of the City of San Bernardino Page 6 Printed 8/28/2020
11. Imposing Liens to Recover Costs for Code Enforcement Abatements
Recommendation
Adopt Resolution No. 2020-217 of the Mayor and City Council of the City of San
Bernardino, California, imposing liens on certain real property located within the City
San Bernardino for the costs of public nuisance abatements.
12. Request for Qualifications (RFQ) - Seccombe Lake Park
Recommendation
That the Mayor and City Council of the City of San Bernardino, California, direct the
City Manager to proceed with the Request for Qualifications (RFQ) to identify a
competent housing developer for the future development of a specific portion of
Seccombe Lake Park.
13. Resolution to Accept and Administer the FY 2020/21 OTS STEP Grant
Recommendation
Adopt Resolution No. 2020-218 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to accept and administer the
FY 2020/21 California Office of Traffic Safety (OTS) Selective Traffic Enforcement
Program (STEP) grant and authorizing the Director of Finance to amend the FY
2020/21 Adopted Budget effective July 1, 2020.
14. Resolution Authorizing a Purchase Order for Unmarked Police Vehicles
Recommendation
Adopt Resolution No. 2020-219 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the Director of Finance to issue a purchase order
to Carmax in an amount not to exceed $60,000.
15. Resolution to Accepting the 2017, 2018 and 2019 Justice Assistance Grants
Recommendation
Adopt Resolution No. 2020-220 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the acceptance of the 2017, 2018, and 2019
Edward Byrne Justice Assistance Grants; and increasing the FY 2020/21 Adopted
Budget grant revenue and expenditures by $533,314.
16. Resolution Approving the Classification of the Building Official as an
Unclassified Service Position
Recommendation
Adopt Resolution No. 2020-222 of the Mayor and City Council of the City of San
Bernardino, California, approving the classification of the Building Official as an
unclassified service position and amending the salary schedule to reflect the
change.
Regular Meeting Agenda September 2, 2020
Mayor and City Council of the City of San Bernardino Page 7 Printed 8/28/2020
17. Authorization for Staff to Develop and Issue a Request for Qualifications for
Real Property Management Services
Recommendation
That the Mayor and City Council of the City of San Bernardino, California, authorize
staff to develop and issue a Request for Qualifications for Real Property
Management Services as outlined in this report.
18. Review and Consider Options Related to Energy Performance Assessments
Recommendation
Staff Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, table the matter to allow time to conduct appraisals of the City Hall
Campus and provide the City Council with recommendations on all City facilities.
19. Final Reading of Ordinance MC-1541 Establishing the Maximum Number of
Cannabis Business Permits
Recommendation
Accept for final reading and adopt Ordinance MC-1541 of the Mayor and City
Council of the City of San Bernardino, California, establishing the maximum number
of Cannabis Business Permits authorized pursuant to Section 5.10.080 of the San
Bernardino Municipal Code.
ITEMS TO BE REFERRED TO COMMITTEE
REPORTS ON CONFERENCES/MEETINGS ATTENDED
ADJOURNMENT
The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to
the Redevelopment Agency will adjourn to a Special Meeting to be held on Wednesday,
September 16, 2020, via web conference. The Special Meeting will begin at 4:00 p.m.
CERTIFICATION OF POSTING AGENDA
I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify
that the agenda for the September 2, 2020 Regular Meeting of the Mayor and City Council and
the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was
posted on the City’s bulletin board located at 201 North “E” Street, San Bernardino, California,
at the San Bernardino Public Library located at 555 West 6th Street, San Bernardino, California,
and on the City’s website sbcity.org on Friday, August 28, 2020.
I declare under the penalty of perjury that the foregoing is true and correct.
___________________________________
Genoveva Rocha, CMC, City Clerk
Regular Meeting Agenda September 2, 2020
Mayor and City Council of the City of San Bernardino Page 8 Printed 8/28/2020
NOTICE:
The Mayor and City Council and the Mayor and City Council Acting as the Successor
Agency to the Redevelopment Agency may refer any item raised by the public to staff,
or to any commission, board, bureau, or committee for appropriate action or have the
item placed on the next agenda of the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency. However, no
other action shall be taken nor discussion held by the Mayor and City Council and the
Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency
on any item which does not appear on the agenda unless the action is otherwise
authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the
Government Code.
Public comments will not be received on any item on the agenda when a public hearing
has been conducted and closed.
Page 1
Staff Report
City of San Bernardino
Request for Council Action
Date: September 2, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By: Edelia Eveland, Director of Human Resources
Subject: Resolution Authorizing the Execution of an Employment
Agreement for the Position of City Manager
Recommendation
Adopt Resolution No. 2020-221 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the Mayor to execute an employment agree ment for
the position of City Manager with Robert D. Field to commence on September 21, 2020.
Background
On August 11, 2020, the Mayor and City Council discussed and provided direction to
prepare an Employment Agreement appointing Robert D. Field as the C ity Manager
effective September 21, 2020 for approval on September 2, 2020.
Discussion
The employment agreement presented in Exhibit "A" to Resolution No. 2020 -221
reflects the terms discussed and approved by the Mayor and City Council during Closed
Session on August 19, 2020.
2020-2025 Key Strategic Targets and Goals
The authorization to execute the employment agreement aligns with Key Target No. 2:
Focused, Aligned Leadership and Unified Community.
Fiscal Impact
The costs of salary and benefits for the City Manager are included in the FY 2020/21
Operating Budget.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-221, authorizing the Mayor to execute an
employment agreement for the position of City Manager with Robert D. Field to
commence on September 21, 2020.
Attachments
Attachment 1 Resolution 2020-221; Exhibit “A” - City Manager Employment
Agreement
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Ward: All
Synopsis of Previous Council Actions:
August 19, 2020 The appointment of Robert D. Field was approved on August 11,
2020 with direction to prepare and present an employment
agreement on September 2, 2020.
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RESOLUTION NO. 2020-221
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE MAYOR TO EXECUTE AN
EMPLOYMENT AGREEMENT FOR THE POSITION OF
CITY MANAGER WITH ROBERT D. FIELD TO
COMMENCE ON SEPTEMBER 21, 2020
WHEREAS, it is the desire of the Mayor and City Council to retain the services of
Robert D. Field as City Manager; and
WHEREAS, it is the desire of the Mayor and City Council to provide certain benefits,
establish certain conditions of employment and set certain working conditions of the City
Manager.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor is hereby authorized to execute an employment agreement for
the City Manager between the City of San Bernardino and Robert D. Field, attached hereto as
Exhibit “A” and incorporated herein.
SECTION 3. That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 4. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed b y the Mayor and attested
by the City Clerk this 2nd day of September 2020.
John Valdivia, Mayor
City of San Bernardino
2.a
Packet Pg. 11 Attachment: HR.Employment Agr.Resolution (6887 : Resolution Authorizing the Execution of an Employment Agreement for the Position of
Resolution No. 2020-221
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
2.a
Packet Pg. 12 Attachment: HR.Employment Agr.Resolution (6887 : Resolution Authorizing the Execution of an Employment Agreement for the Position of
Resolution No. 2020-221
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2020-221, adopted at a regular meeting held on the 2nd day of September 2020
by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
Mayor:
VALDIVIA _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 2nd day of September
2020.
Genoveva Rocha, CMC, City Clerk
2.a
Packet Pg. 13 Attachment: HR.Employment Agr.Resolution (6887 : Resolution Authorizing the Execution of an Employment Agreement for the Position of
EXHIBIT A 2.b
Packet Pg. 14 Attachment: HR. Employment Agreement - Exhibit A [Revision 1] (6887 : Resolution Authorizing the Execution of an Employment Agreement for the
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Packet Pg. 15 Attachment: HR. Employment Agreement - Exhibit A [Revision 1] (6887 : Resolution Authorizing the Execution of an Employment Agreement for the
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Packet Pg. 16 Attachment: HR. Employment Agreement - Exhibit A [Revision 1] (6887 : Resolution Authorizing the Execution of an Employment Agreement for the
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Packet Pg. 17 Attachment: HR. Employment Agreement - Exhibit A [Revision 1] (6887 : Resolution Authorizing the Execution of an Employment Agreement for the
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Packet Pg. 18 Attachment: HR. Employment Agreement - Exhibit A [Revision 1] (6887 : Resolution Authorizing the Execution of an Employment Agreement for the
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Packet Pg. 19 Attachment: HR. Employment Agreement - Exhibit A [Revision 1] (6887 : Resolution Authorizing the Execution of an Employment Agreement for the
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Packet Pg. 20 Attachment: HR. Employment Agreement - Exhibit A [Revision 1] (6887 : Resolution Authorizing the Execution of an Employment Agreement for the
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Packet Pg. 21 Attachment: HR. Employment Agreement - Exhibit A [Revision 1] (6887 : Resolution Authorizing the Execution of an Employment Agreement for the
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Packet Pg. 22 Attachment: HR. Employment Agreement - Exhibit A [Revision 1] (6887 : Resolution Authorizing the Execution of an Employment Agreement for the
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Packet Pg. 23 Attachment: HR. Employment Agreement - Exhibit A [Revision 1] (6887 : Resolution Authorizing the Execution of an Employment Agreement for the
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Packet Pg. 24 Attachment: HR. Employment Agreement - Exhibit A [Revision 1] (6887 : Resolution Authorizing the Execution of an Employment Agreement for the
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RESOLUTION NO. 2017-139
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, REGARDING THE ESTABLISHMENT OF
MANAGEMENT/CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS
PLAN BETWEEN THE CITY AND MANAGEMENT/CONFIDENTIAL
EMPLOYEES; REPEALING RESOLUTION NO. 2007-345; RESOLUTION NO. 2008-
169; RESOLUTION NO. 2008-306; RESOLUTION NO. 2009-35; RESOLUTION NO.
2009-71; RESOLUTION NO. 2010-217; RESOLUTION NO. 2010-276; RESOLUTION
NO. 2012-188; RESOLUTION NO. 2013-22; AND RESOLUTION NO. 2014-249; AND
AMENDING RESOLUTION NO. 2015-242
WHEREAS, the designated representatives of the Mayor and City Council ("City")
met and conferred in good faith with the employees in the San Bernardino Confidential and
Management Association (SBCMA);
WHEREAS, after four (4) meetings commencing on June 8, 2017 the City and the
SBCMA agreed to the terms and conditions of the compensation and benefits plan as provided
in this Resolution;
WHEREAS, on July 6, 2017, SBCMA approved the terms and conditions of the
compensation and benefits plans as provided in this Resolution; and
WHEREAS, it is necessary to codify the changes to compensation and benefits granted
to the SBCMA employees of the City of San Bernardino.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Council of the City of San Bernardino (City) hereby adopts a
compensation and benefits plan for the San Bernardino Confidential and Management
Association (SBCMA) as follows:
1. The term of this Resolution begins on July 1, 2017, and extends through June 30,
2020. If negotiations regarding a new Resolution establishing a compensation and
benefits plan for the Management/Confidential Employees have not concluded by
the time this Resolution expires, the terms of this Resolution shall remain in effect
until a new Resolution is adopted by the Mayor and City Council.
2. Comp ensation/Salaries. Effective July 1, 2017, or the date that both the SBCMA
and the Council have ratified and approved the terms and conditions set forth in a
Compensation and Benefits Resolution, but not before July 1, 2017, the salary
ranges for all SBCMA members shall be increased by two percent (2%) to reflect a
1 Management/Confidential
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Packet Pg. 25 Attachment: HR. Employment Agreement - Exhibit A [Revision 1] (6887 : Resolution Authorizing the Execution of an Employment Agreement
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cost of living adjustment (COLA). Effective July 1, 2018, the salary ranges for all
SBCMA members shall be increased by two percent (2%) as a COLA. Effective
July 1, 2019, the salary ranges for all SBCMA members shall be increased by two
percent (2%) as a COLA. All salary ranges for SBCMA members shall be amended
by the Mayor and City Council in accordance with these provisions.
3. Classification and Sala ry Studv . The City and the SBCMA agree to complete a
classification and salary study ("Study") during fiscal year 2019-2020 or the third
year that this Resolution is in effect. The purpose of the Study will be to review
current SBCMA employee classifications and propose revisions that provide fair
and rational internal and external relationships. A joint job
evaluation/compensation committee will be established to review the Study
recommendations and develop a plan for implementing the study. The City and the
SBCMA agree to address any salary adjustments to individual classifications during
fiscal year 2020-2021 and any adjustments may be implemented in a subsequent
Compensation and Benefits Resolution. Any salary equity adjustments to
individual classifications will be considered with any across-the-board salary
adjustments as to the total cost of SBCMA salaries. Annual salary adjustments,
which may include equity adjustments resulting from the Study, will be based upon
availability of funds and will be evaluated in the context of the City's long term
financial plan that has been confirmed by the Bankruptcy Court.
4. Insurance (M edical, Dental & Vision). Effective January 1, 2018, the City will
contribute: a) $1,025.00 per month towards the purchase ofhealth care benefits for
Employee Only; and, b) $1,150.00 per month towards the purchase of health care
benefits for Employee Plus One or More Dependents.
Effective January 1, 2019, the City will contribute: a) $1,070.00 per month
toward the purchase of health care benefits for Employee Only; and, b) $1,195.00
per month towards the purchase of health care benefits for Employee Plus One or
More Dependents.
Effective January 1, 2020, the City will contribute: a) $1,125.00 per month
toward the purchase of health care benefits for Employee Only; and b) $1,250.00
per month toward Employee Plus One or More Dependents.
The City's contributions for health care benefits are available to SBCMA
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members for the purchase of medical, dental, vision, life and accidental death and
dismemberments through City selected plans. The amount of the City's
contributions is based upon the "medical" enrollment category, i.e, Employee Only
or Employee Plus One or More Dependents. For example, if an employee elects
"employee only" medical coverage, then the "employee only" allowance will be
contributed. Any City contributions not used by a SBCMA member for health
benefits will revert to the City; however, if a SBCMA member selects a medical
plan (Employee Only or Employee Plus One or More Dependents), any additional
contributions beyond the amounts identified above, may be contributed toward
additional life insurance or a City-provided deferred compensation plan.
Health Insurance Waiver Stipend: Any employee who chooses not to enroll in
any health care plan offered by the City, must provide evidence of group health care
insurance coverage and execute a Waiver of Benefits and Release Agreement,
releasing the City from any responsibility or liability to provide health care
insurance coverage on an annual basis. Employees who do not enroll in a City
health care plan during open enrollment and execute the forms above, shall receive
a stipend of $3,000.00 on December 15th of each year covered by this Resolution.
Employees participating in this option are required to waive all medical, dental and
vision coverage provided by the City.
SBCMA agrees to participate in the City's Joint Labor-Management Health
Benefits Committee ("Committee") to evaluate, on an annual basis, City-wide plan
designs for health care. All plan designs and City contributions shall be effective
on January 1st annually. During the term of this Resolution, the City intends to
review health care provider options, especially in light of potential changes to the
current Affordable Care Act ("ACA"). During the term of this Resolution, the City
reserves the rights, and the SBCMA agrees, to reopen negotiations on providers,
health care plans, and/or any provision under this Section ofthe Resolution.
Life and Accidental Death & Dismemberment (AD&D) Insurance. The City
shall provide Term Life and Accidental Death & Dismemberment Insurance of one
times the employee's annual salary for Executive Management, Seventy-five
thousand dollars ($75,000) for all other Management employees, and fifty thousand
dollars ($50,000) for Confidential employees.
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6. Holidays. All full-time employees within the Management/Confidential group
shall be entitled to twelve (12) City-designated holidays, the equivalent of one
hundred eight (1 08) holiday hours each year for those employees working a 5/8 or
9/80 work schedule and one hundred twenty (120) holiday hours each year for those
employees working on a 4/10 work schedule. On January 1st of each year that this
Resolution is in effect, all SBCMA members will receive an additional eighteen
(18) hours of holiday leave ("Floating Holidays"). SBCMA members working a
5/8 or 9/80 work schedule may only carry over 1 08 hours per fiscal year; SBCMA
members working a 4/10 work schedule may only carry over 120 hours per fiscal
year. On June 30th any holiday bank hours exceeding 1 08 or 120 hours will be
forfeited. On or about November 30th of each calendar year, the City Manager shall
determine, and the Human Resources Director will distribute, the schedule of
specific days that the twelve designated holidays will be observed for the next
calendar year. At the time of separation from employment, SBCMA members will
receive a payout of 100% for all accrued but unused post-petition holiday pay.
7. Jury Duty. The City will pay for all working days in a calendar year of a covered
employee who is required to serve on jury duty.
8. Administrative Leave. On July 1st of each fiscal year that this Resolution is in
effect, FLSA exempt SBCMA employees shall receive eighty (80) hours of
administrative leave. At June 30th of each year, any unused Administrative Leave
up to twenty (20) hours will be automatically carried over to the following fiscal
year. Additional administrative leave may be granted at any time during a fiscal
year, up to a maximum of twenty (20) hours, with a request in writing, including
justification. recommended by the employee's department head. and approved by
the Department Head or the City Manager. Any Administrative Leave has no cash
value and shall not be paid out at any time.
9. Vacation Leave.
a. All SBCMA members shall accrue eighty (80) hours of paid vacation
upon the first day of the second year of continuous full-time employment with the City
of San Bernardino. Thereafter, vacation shall accrue each pay period prorated according
to the number of days or shifts per year in the following chart:
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Completed Years of Rate of Accrual Equivalent Hours
Continuous Service Per Pay Period Per Year
1 Year** 3.333 hours 80 hours
5 Years 5.0 hours 120 hours
15 Years 6.667 hours 160 hours
20 Years 8.334 hours 200 hours
**No vacation shall be granted if service is less than one ( 1) year.
b. Vacation credits may accrue and accumulate for a maximum of two (2)
years' total accumulated vacation credits on a carry-over basis from year to year: 1) 1 through 5
years of service= 160 hours; 2) 6 through 15 years of service= 240 hours; 3) 16 through the
completion of 20 years of service = 320 hours; and, 4) 21 or more years of service = 400 hours.
Once the cap has been reached, a bargaining unit member may not accrue any additional hours
until the employee's accrued leave is below the cap.
c. In the event an employee works less than fifty percent (50%) of the total
normal work hours in a pay period, he/she shall not be credited with any vacation leave for such
pay period. Approved vacation, sick, holiday, and administrative leave shall be considered as
time worked for this item only.
d. When an employee resigns or otherwise leaves the service of the City,
payment shall be made to the employee for the earned portion of his/her post-petition vacation
hours on the basis of the hourly rate of pay being received by the employee on the date of
separation.
e. Vacation Sell Back. SBCMA members may sell back up to forty ( 40)
hours of post-petition vacation time per year providing the following conditions have been met:
1. Employees must have a minimum of one hundred twenty (120) hours
remaining in their vacation balance after the sell back occurs;
2. Employees must have taken at least forty ( 40) cumulative hours of vacation
during the past year prior to the sell back of hours;
3. Employees must complete a sell back form, which must include the
signature of the City Manager's approval of the sell back;
4. Forms must be submitted to the Finance Department on or before November
1st each year this Resolution is in effect; and,
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e. No absence due to illness or injury in excess of five (5) working days
shall be approved except after the presentation of satisfactory evidence of illness or
injury; namely a certificate from a practicing physician or an authorized practicing
chiropractor approved by the City Manager or his/her designee. The City Manager or
his/her designee shall have the power to require that any person claiming the sick leave
benefits of this resolution be examined at any reasonable time or intervals by the City's
designated physician, and in the event of an adverse report to reject such claim for sick
leave, in whole or in part, and to terminate sick leave compensation. In the event of the
refusal of any person to submit to such examination after notification, the City Manager
or his/her designees may terminate sick leave compensation and reject any claim
therefor. The City Manager or his/her designee shall have the right to require the
presentation of a certificate.
f. At the time of separation, any employee having six (6) or more years of
service, may cash out unused post-petition sick leave as follows: 1) 288 hours or less,
no cash out; 2) 289-479 hours = 20% of the total accrued hours; 3) 480-959 hours=
25% of the total accrued hours; and, 4) 960 or more accrued hours= 35%.
11. PEHP Plan. The City agrees to participate in the Post Employment Health
Plan (PEHP) in accordance with the terms and conditions of the Plan's Participation
Agreement.
12. CalPERS Retirement. SBCMA members are provided retirement benefits
under the California Public Employees' Retirement System (CalPERS) as follows:
Tier 1: 2. 7% @ 55 Benefit Formula for employees hired on or before
October 3, 2011;
Tier II: 2%@ 55 for employees hired on or after 10/4/11 through
12/31/12;
Tier III: 2% @ 62 for new employees hired on or after January 1, 2013,
that satisfy the definition of "new member" under the Public Employees'
Pension Reform Act (PEPRA).
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Emplo yee Share. Effective 2/112013, all Tier I and Tier II employees shall pay
the employee's share of the retirement contribution, either 8% for the 2.7@ 55 formula
or 7% for the 2%@ 55 formula. Effective 11112013, Tier III employees shall pay the
employee contribution required by the PEPRA, calculated at 50% of the normal cost.
Emplo yer Share. Effective 2/112013, all employees shall contribute 9.304%
(either 1.304% or 2.304% depending whether the employee rate is 8% or 7%) of their
salary toward the employer cost of retirement in accordance with Section 20516 of the
California Government Code.
The City will pay the employer contribution for the Fourth Level 1959 Survivor
Benefit.
For Tier I and II employees, the final compensation retirement calculation shall
be based upon their single highest year of compensation earnable as provided under
Section 20042 of the California Government Code. The compensation earnable period
for Tier III PEPRA employees will be three years.
The City and the SBCMA acknowledge that the_ PEPRA laws and regulations
shall govern a determination of whether employees are hired as "new members" or
"classic or legacy" members.
13. Charter Amendments and Uniform Policies. Section 508 of the City's new
Charter that became effective on January 31, 2017, provides that, "The Council shall
provide for the establishment, regulation and maintenance of a merit system and
governing personnel rules and regulations necessary for the effective administration of
employees of the City's departments, offices and agencies. Such personnel rules and
regulations may include but are not limited to classification and pay plans, examinations,
force reduction, removals, working conditions, provisional and exempt appointments,
in-service training, grievances and relationships with employee organizations."
Accordingly, the City will be reviewing and developing uniform personnel policies in
order to implement this Charter section. The City will provide copies of the uniform
personnel rules and policies to the SBCMA prior to the City Council adoption of such
rules and policies. The City contemplates that the City's uniform policies will include,
without limitation, the following: City-wide Educational Incentive Pay; Acting Pay;
Employee Assistance Program (EAP); Injury Leave; Drug and Alcohol Testing; Leave
of Absence without Pay; No-Pay Status; Military Leave; Jury Duty; Catastrophic Leave;
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Seniority; Work Schedules; and, Probationary Period. Until such rules and policies have
been adopted, all existing rules and policies, including, without limitation, shall remain
in effect.
14. Wellness Benefit. Full-time employees who have successfully passed probation
are eligible to receive a taxable wellness/physical benefit of $250.00/year during each
calendar year that this Resolution is in effect. This amount does not roll over to the next
calendar year and any amounts not used by December 31st shall be forfeited. Employees
have until March 31st of the following calendar year to turn in receipts from the prior
year. All reimbursement requests shall be made on forms provided by the Human
Resources Department. Expenditures must follow the guidelines provided in Exhibit A
to this Resolution.
15. Performance Evaluations. Performance evaluations and any corresponding
merit pay increases will be administered through the provisions of the City's Department
Director Letter (DDL) No. 66, as may be amended.
16. De p artment Head Allowance. A Department Head may be reimbursed up to
fifty dollars ($50) per month to cover work related employee events such as lunches,
department celebrations, employee recognitions, and other events and functions. The
allowance shall not accumulate from month to month. Requests for reimbursement shall
be submitted to the Finance Department on prescribed forms .
18. Bankrup tcy Provisions/Release of Claims/Pre-Petition Leave Balances.
Section 9 of Resolution No. 2015-242 Pre-Petition Leave Balances and Appendix A to
Resolution No. 2015-242 Bankruptcy Provisions and Release of Claims shall continue to
be in effect and are incorporated herein to this Resolution.
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Page 1
Staff Report
City of San Bernardino
Request for Council Action
Date: September 2, 2020
To: Honorable Mayor and City Council Members
From: Rebekah Kramer, Assistant City Manager
Subject: Introduction and First Reading of Ordinance Imposing a Local
Campaign Finance Contribution Limit
Recommendation
Introduce, read by title only, and waive further reading of Ordinance MC -1542, adding
section 2.56.090 establishing no campaign contribution limit requirements for elected
officials within the City of San Bernardino.
Background
Beginning on January 1, 2021, Assembly Bill (AB) 571 will go into effect. The Bill
sets default contribution limits for elective county and city offices aligning with the
contribution limits set for elected officers of the state Assembly and Senate (no more
than $4,700 from an individual person per calendar year). Under AB 571, the FPPC
will have administration and enforcement authority regarding the default contribution
limits for cities and counties without their o wn local contribution limits, and makes
violations of default contribution limits within the FPPC’s purview punishable as a
misdemeanor.
These contribution limits may be adjusted by the FPPC in January of odd -numbered
years to reflect increases or decrease s in the Consumer Price Index (CPI). AB 571
also extends contribution restrictions for elective county or city offices regarding
personal loans and for committees created to oppose recall measures.
Cities and counties can adopt local campaign ordinances that contain additional
restrictions and requirements that are more precisely tailored to the needs of their
communities. Several cities surveyed in our region have established local campaign
finance ordinances including the Cities of Pomona, Grand Terrace, Upland and Santa
Ana.
If the City adopts local contribution limits we will also need to consider enforcement
requirements, as AB 571 does not provide the FPPC with authority to administer or
enforce locally set contribution limits. While contributio n limits have been held
constitutional, they must not be so restrictive as to impede the ability of challengers to
raise sufficient funds to mount a meaningful campaign. For example, a limit of $400
for gubernatorial candidates in Vermont has been held to be unconstitutional by the
Supreme Court.
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Discussion
After receiving a staff report at the Council workshop held on August 5 th, including a
review and discussion of the campaign finance regulations established under AB 571 as
well as the local regulations established by other cities surveyed, the City Council
requested that an ordinance be drafted for review and consideration at a future meeting.
During the Council workshop, concerns were raised with respect to the potential for
campaign contribution limits imposing legal barriers to political expression along with an
interest in the City maintaining the City’s existing campaign contribution requirements.
Based upon the feedback received during the Council workshop an ordinance has been
drafted that does not restrict local campaign finance contribution limits in the City of San
Bernardino.
The City Council can adopt or request modifications to the ordinance presented for
consideration. If the City Council does not take any action the campaign contri bution
limits established under AB 571 will go into effect on January 1, 2021.
2020-2025 Key Strategic Targets and Goals
While the establishment of a local campaign finance ordinance does not directly align
with the City’s adopted 2020-2025 strategic targets and goals, it does indirectly align
with Key Target No. 2 (a): Develop and implement a community engagement plan.
Fiscal Impact
There is no financial impact associated with adopting an ordinance that does not restrict
local campaign finance contribution limits.
Conclusion
Introduce, read by title only, and waive further reading of Ordinance MC -1542, adding
section 2.56.090 establishing no campaign contribution limit requirements for elected
officials within the City of San Bernardino.
Attachments
Attachment 1 Ordinance MC-1542
Ward: All
Synopsis of Previous Council Actions:
August 5, 2020 Council workshop presentation regarding Campaign Contribution
Limits.
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Ordinance No. MC-1542
1
ORDINANCE NO. 1542
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, ADDING SECTION 2.56.090
ESTABLISHING CAMPAIGN CONTRIBUTION LIMIT
REQUIREMENTS FOR ELECTED OFFICIALS WITHIN THE CITY OF
SAN BERNARDINO
WHEREAS, the California State Legislature in 2019 passed Assembly Bill 571 (“AB
571”) which creates campaign contribution limits, identical to those imposed on State Assembly
and Senate candidates, for all levels of government; and
WHEREAS, under existing law, cities and counties are empowered to impose their own
contribution limits for elective city or county office; and
WHEREAS, while AB 571 sets forth default statewide limits on contributions, AB 571
also permits cities and counties to impose contribution limits that differ from the default limits
and that are more in tune with their own communities; and
WHEREAS, if a city or county fails to impose its own contribution limits by January 1,
2020, then the default levels set by AB 571 will be imposed; and
WHEREAS, the right to participate in politics through campaign contributions is a
fundamental right guaranteed by the First Amendment; and
WHEREAS, while some limits on campaign contributions may be legally permissible,
the Supreme Court has recognized, campaign contribution limits can prove an obstacle to the
very electoral fairness they seek to promote; and
WHEREAS, in some cases, campaign contribution limits may reduce democratic
accountability by making it difficult for challengers to mount effective campaigns against
incumbent officeholders; and
WHEREAS, in accordance with existing law and consistent with its respect for the First
Amendment rights of individuals and groups, the City of San Bernardino would like to establish
an unlimited limit on campaign contributions.
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are
incorporated herein.
SECTION 2. Addition of Section 2.56.090. Section 2.56.090 is hereby added to the San
Bernardino Municipal Code to read as follows:
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Ordinance No. MC-1542
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“2.56.090 Campaign Contribution Limits to City Elective Office Candidates
A. Notwithstanding any state law to the contrary, the City imposes an unlimited
campaign contribution limit on candidates to elective office within the City.
B. Nothing in this section shall be deemed to exempt any person from complying
with applicable provisions of any other laws of this state.”
SECTION 3. Severability. If any section, subsection, subdivision, sentence, or clause or
phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional , invalid
or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council
hereby declares that it would have adopted each section irrespective of the fact that any one or
more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional,
invalid, or ineffective.
SECTION 4. Effective Date. This Ordinance shall become effective thirty (30) days after
the date of its adoption.
SECTION 5. Notice of Adoption. The City Clerk of the City of San Bernardino shall
certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general
circulation and published and circulated in the City in a manner permitted under section 36933 of
the Government Code of the State of California.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this __ day of ___________, 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia R. Carvalho, City Attorney
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Ordinance No. MC-1542
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss.
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-1542, introduced by the City Council of the City of San Bernardino,
California, at a regular meeting held the __ day of ___________, 2020. Ordinance No. MC-
1542 was approved, passed and adopted at a regular meeting held the __ day of __________,
2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this __ day of __________
2020.
Genoveva Rocha, CMC, City Clerk
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Public Hearing
City of San Bernardino
Request for Council Action
Date: September 2, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Kris Jensen, Director of Public Works
Subject: Resolution Approving the Vacation of a Portion of 4TH Street
and Reservation of Utilities Therein
Recommendation
Conduct public hearing per Streets and Highway Code sections 8322 -8325 and adopt
Resolution 2020-216 of the Mayor and City Council of the City of San Bernardin o,
California, approving the vacation of a portion of 4th Street, and the reservation of
utilities therein.
Background
Streets and Highways Code (SHC) section 8312, gives a city legislative body the power
to vacate all or part of a street and sets forth t he procedures by which the power to
vacate may be executed. The requested street vacation would be conducted under the
General Vacation Procedures outlined in SHC sections 8320 through 8325. First, a
legislative body may initiate proceedings either on its own initiative or upon a petition or
request of an interested person or persons. The initiation of proceedings starts with
fixing the date, hour and place of the hearing, followed by publishing and posting of
notices prior to the hearing. After the hearing, if the legislative body finds that the street
described in the notice of hearing or petition is unnecessary for present or prospective
public use, the legislative body may adopt a resolution vacating the street. The street
vacation is then recorded with the County Recorder’s office.
As part of the Mt. Vernon Bridge Replacement Project, both the San Bernardino County
Transportation Authority and Burlington Northern Santa Fe Railway have requested the
City initiate the vacation of 4th Street between t he intersections of Cabrera Avenue and
Mt. Vernon Avenue to assist with the completion of the Project and, in connection
therewith, to facilitate the expansion of their maintenance yard and operation.
On May 6, 2020, the Mayor and City Council authorized staff to proceed with an
investigation and analysis to vacate portions of 4th Street.
On May 11, 2020, notices were sent out to City Departments, San Bernardino County
Fire, utility providers, including the Water Department, and residents within 500’
informing them of the proposed street vacations. The following comments were
received:
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Public Works Department, Engineering and Operation and Maintenance Division
have requested an easement for an existing storm drain located within the
vacated area.
City of San Bernardino Municipal Water Department has requested an easement
for existing water and sewer lines located within the vacated area.
Southern California Gas Company has requested an easement for an existing
gas line located within the vacated area.
On June 11, 2020, staff re-notified the utility companies and City Departments to
determine if there were any objections to the street vacation or a need to reserve
easements. No objections to the street vacation were received and no additio nal
reservations of easement were requested.
On June 23, 2020, the Planning Commission adopted Resolution 2020 -026PC
forwarding a recommendation of approval to the Mayor and City Council for the Real
Property Street Vacation of 4th Street and the reservation of utilities therein, and finding
that the project is Categorically Exempt under the California Environmental Quality Act.
On August 5, 2020 the Mayor and City Council adopted Resolution No. 2020 -192
declaring its intention to conduct a public h earing on September 2, 2020, to order the
vacation of portions of 4th Street.
Discussion
In accordance with SHC sections 8322 and 8323 for a public hearing, notices were
published in The Sun newspaper for two successive weeks prior to the hearing.
Postings were made along the portion of 4th Street, between the intersections of
Cabrera Avenue and Mt. Vernon Avenue, at least two weeks before the public hearing
date of September 2, 2020. At this time, interested parties may present evidence to the
Mayor and City Council. At the conclusion of the public hearing, the Mayor and City
Council will consider a resolution approving the vacation of a portion of 4th Street,
between the intersections of Cabrera Avenue and Mt. Vernon Avenue, which will adopt
a categorical exemption for the street vacation and make a final order vacating a portion
of Artesia Street.
Utilities which do hold an existing easement and did have an easement reserved for
them in the resolution approving the vacation. SBCTA and BNSF have agree d to
relocate all the utilities within the vacated area.
The Planning Division of the Community Development Department reviewed the
proposed street vacation for consistency with the City of San Bernardino General Plan.
The Circulation Element, which is part of the General Plan, is to design and improve a
circulation system to meet current and future needs of all residents, businesses and
visitors, allow more convenient and practical circulation to important economic segment
within the City and improve safety. The Planning Commission determined that this
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street vacation is consistent with the General Plan and vacating a portion of Artesia
Street south of Rialto Avenue will not conflict with the City’s General Plan Circulation
Element.
Additionally, street vacations are subject to the California Environmental Quality Act
(CEQA) and the Planning Division of the Community Development Department
concludes that this street vacation action is Categorically Exempt from CEQA as there
is no possibility that the proposed activity may have a significant effect on the
environment as described in Planning Commission Resolution 2020 -16 PC (Attachment
3).
The street vacation proceedings are not completed until the resolution making the final
order vacating a portion of Artesia Street, South of Rialto Avenue has been recorded
with the San Bernardino County Recorder’s office.
Future actions by the City will consist of:
• Recordation of the Resolution of Vacation pursuant to SHC section 8325
2020-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No. 2a: Develop and implement a community
engagement plan. Public Hearings conducted in response to requests for street
vacations provide an opportunity for surrounding property owners and members of the
public to engage with the Mayor and City Council, provide input through public
comments, and share in the discussion regarding vacating the public right of way.
Fiscal Impact
There is no fiscal impact associated with this action. The cos t of the vacation will be
charged to Mt. Vernon Bridge Replacement Project Fund No. 264-160-7121-5504.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, conduct a public hearing per Streets and Highway Code sections 8322-8325
and adopt Resolution 2020-216 of the Mayor and City Council of the City of San
Bernardino, California, approving the vacation of a portion of 4 th Street, and the
reservation of utilities therein.
Attachments
Attachment 1 Resolution 2020-216; Exhibit “A” - Legal Description; Exhibit “B” -
Plats
Attachment 2 Site Map
Attachment 3 Planning Commission Resolution No. 2019-025-PC
Attachment 4 Power Point Presentation
Ward: 1
Synopsis of Previous Council Actions:
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May 6, 2020 The Mayor and City Council authorized staff to proceed with an
investigation and analysis to vacate portions of 4th Street.
August 5, 2020 The Mayor and City Council adopted Resolution No. 2020-192
declaring its intention to conduct a public hearing on September 2,
2020, to order the vacation of portions of 4th Street .
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RESOLUTION NO. 2020-216
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE VACATION OF A PORTION OF 4TH
STREET AND THE RESERVATION OF UTILITIES
THEREIN
WHEREAS, as part of the Mt. Vernon Bridge Replacement Project, Burlington Northern
Santa Fe Railway has requested the vacation of 4th Street; and
WHEREAS, on May 6, 2020, the Mayor and City Council authorized staff to proceed
with an investigation and analysis to vacate portions of 4th Street; and
WHEREAS, on May 11, 2020, notices were sent out to City Departments, San
Bernardino County Fire, utility providers, including the Water Department, and residents within
500 feet informing them of the proposed street vacations; and
WHEREAS, on June 23, 2020, the Planning Commission adopted Resolution No.2020-
026PC forwarding a recommendation of approval to the Mayor and City Council for the Portion
of 4th Street Vacation, and finding that the project is Categorically Exempt under California
Environmental Act; and
WHEREAS, on August 5, 2020 the Mayor and City Council adopted Resolution No.
2020-192 declaring its intention to conduct a public hearing on September 2, 2020, to order the
vacation of portions of 4th Street; and
WHEREAS, on September 2, 2020 a public hearing was held where all persons
interested in or objecting to the proposed vacation areas appeared before the Mayor and City
Council of San Bernardino, California and offered evidence in relation to the vacation of
portions of 4th Street, between the intersections of Cabrera Avenue and Mt. Vernon Avenue.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and City Council of San Bernardino, California, in vacating a
portion of 4th Street, between the intersections of Cabrera Avenue and Mt. Vernon Avenue,
elects to proceed in accordance with the provisions of the “Public Streets, Highways and Service
Easements Vacation Law”, being Division 9, Part 3, of the Streets and Highways Code of the
State of California
SECTION 2. The Mayor and City Council of said City do hereby vacate that portion
of 4th Street between the intersections of Cabrera Avenue and Mt. Vernon Avenue as described
on each of the legal descriptions attached hereto and incorporated as Exhibit “A” and depicted on
each of the maps attached hereto and incorporated herein as Exhibit “B.
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Resolution No. 2020-216
SECTION 3. Nothing in this Resolution shall in any way affect or disturb any other
existing easements for public utility purposes belonging either to the City of San Bernardino or
public entity that existed prior to these vacation proceedings. Reservations of easements are
made in accordance with the provisions of Division 9, Part 3, Chapter 5, Article 1 of the Streets
and Highways Code of the State of California, with reservations of the easement as requested
from public utility company or other public entity.
SECTION 4. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and att ested
by the City Clerk this ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
4.a
Packet Pg. 47 Attachment: PW. Street Vacation of 4th Street-Attachement 1- Resolution (6883 : Resolution Approving the Vacation of a Portion of 4TH Street
Resolution No. 2020-216
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, City Clerk
4.a
Packet Pg. 48 Attachment: PW. Street Vacation of 4th Street-Attachement 1- Resolution (6883 : Resolution Approving the Vacation of a Portion of 4TH Street
I� ::a, Bkf
ENGINEERS
SURVEYORS
PLANNERS
100+
YEARS
4675 MacArthur Ct.
Suite 400
Newport Beach
California 92660
phone 949.526.8460
fax 949.526.8499
www.bkf.com
April 2, 2020
BKF Job No: 20147089.10
LEGAL DESCRIPTION
EXHIBIT A
4TH STREET ABANDONMENT
Real property situate in the City of San Bernardino, County of San Bernardino, State of
California, described as follows:
Being a portion of 4th Street as it currently exists and is partially shown on that "Plat of the Santa
Fe Tract," filed on July 19, 1902 in Book 15 of Maps at Page 49, being also an 82.50 foot wide
strip centered on the southerly line of lots 10 through 30 of Block 24, Rancho San Bernardino as
per map recorded in Book 7 of Maps at Page 2, more particularly described as follows:
BEGINNING at the intersection of the easterly line of Cabrera Avenue and the northerly line of
4th Street;
Thence along said northerly line, North 89°38'18" East, 1,366.62 feet to an angle point in the
southerly line of the lands described in that certain Special Warranty Deed to BNSF Railway
Company, filed on June 7, 2013 as Document No. 2013-0254474;
Thence along said southerly line the following eight (8) courses:
1)North 0°18'37" West, 6.68 feet to the beginning of a non-tangent curve, concave north,
having a radius of 958.74 feet, from said point a radial line bears North 6 °59'3411 West;
2)Easterly along said curve, through a central angle of 8°35'42 11 , an arc length of143.82 feet;
3)North 74°44'4611 East, 61.00 feet;
4)North 0°18'3711 West, 0.39 feet;
5)North 89 °41'0411 East, 1.46 feet;
6)North 74°44'4611 East, 91.74 feet to the beginning of a non-tangent curve, concave
Northwest, having a radius of 78.75 feet, from said point a radial line bears
North 14°09'3911 West;
7)Northeasterly along said curve, through a central angle of 76°04'37", an arc length of
104.56 feet to the westerly line of Mt. Vernon A venue;
Thence along the southerly extension of said westerly line South 0°18'37" East, 232.37 feet to the
intersection with the southerly line of 4th Street;
Thence along said southerly line South 89°38'18" West, 1,716.51 feet to the intersection with the
southerly extension of the easterly line of Cabrera Avenue;
Thence along said southerly extension North 0°23'2911 West, 82.50 feet to the POINT OF
BEGINNING.
Containing an area of 157,817 square feet or 3.623 acres, more or less.
As shown on plat attached hereto and by this reference made part hereof.
For: BKF Engineers
Davis Thresh, P.L.S. No. 6868
Dated
4.b
Packet Pg. 49 Attachment: PW.Vacation_4th Street_Ex A (6883 : Resolution Approving the Vacation of a Portion of 4TH Street and Reservation of Utilities
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4.d
Packet Pg. 52 Attachment: PW. Street Vacation 4th Street -Attachement 3 -Site Plan (6883 : Resolution Approving the
4.e
Packet Pg. 53 Attachment: PW. Street Vacation 4th Street -Attachement 4- Planning Commission Resolution (6883 : Resolution Approving the Vacation of a
4.e
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4.e
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4.e
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4.e
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4.e
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4.e
Packet Pg. 59 Attachment: PW. Street Vacation 4th Street -Attachement 4- Planning Commission Resolution (6883 : Resolution Approving the Vacation of a
Public Hearing
Proposed Street Vacation
Portion of 4th Street between Cabrera Avenue and Mt. Vernon
Avenue
Presented by Alex Qishta, Deputy Director of Public Works/City Engineer
4.f
Packet Pg. 60 Attachment: PW.Vacation_4th Street PP (6883 : Resolution
Public Hearing – Street Vacation
•Applicant: SBCTA and City of San Bernardino
•Reason for Request: Remove unused streets and alleys from the
city maintained system. This portion of the 4th Street vacation is
part of the Mt. Vernon Bridge Replacement Project.
4.f
Packet Pg. 61 Attachment: PW.Vacation_4th Street PP (6883 : Resolution
Public Hearing – Street Vacation
Proposed Vacation
4th Street, Between
Cabrera and Mt. Vernon
4.f
Packet Pg. 62 Attachment: PW.Vacation_4th Street PP (6883 : Resolution
Public Hearing – Street Vacation
AERIAL VIEW
Proposed Vacation
4th Street
4.f
Packet Pg. 63 Attachment: PW.Vacation_4th Street PP (6883 : Resolution
Public Hearing – Street Vacation
•The proposed street vacation is consistent with the general plan.
•The Planning Commission concludes proposed vacation is categorically
exempt from CEQA and there is no significant impact on environment.
•Utility Companies notified – Easements were requested.
•Notice of this hearing was posted, published, and mailed to surrounding
property owners.
4.f
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Questions?
4.f
Packet Pg. 65 Attachment: PW.Vacation_4th Street PP (6883 : Resolution
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: September 2, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By: Jim Slobojan, Acting Finance Director
Subject: Approval of Commercial and Payroll Disbursements
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California approve the commercial and payroll disbursements for August 2020.
Background
Completed commercial and payroll disbursement registers are submitted to the Mayor
and City Council for approval. This happens on a regular basis, typically every meeting
for the most recently completed disbursement registers.
The detailed warrant registers are available on the City Website, and are updated weekly
by the Finance Department. The registers may be accessed by copying the following link
into an internet browser: <http://sbcity.org/cityhall/finance/warrant_register.asp>
Discussion
Gross Payroll
Bi-Weekly for August 06, 2020 $2,082,855.82
Monthly for August 15, 2020 11,666.69
Total Payroll Demands: $2,094,522.51
The following check registers are being presented for approval:
July 30, 2020 2020/21 (Register #5)$1,230,080.19
August 6, 2020 2020/21 (Register #6)1,665,196.74
Total commercial check demands:$2,895,276.93
The following Electronic Funds Transfer (EFT) registers presented for approval:
July 24 to July 30, 2020 2020/21 (Register #948- #954)$1,125,081.30
August 6, 2020 2020/21 (Register #955- #959)$1,504,521.46
Total commercial EFT demands:$2,629,602.76
2020-2025 Key Strategic Targets and Goals
Approval of the noted check and EFT registers for commercial and payroll
disbursements align with Goal No. 1 Financial Stability by creating a framework for
spending decisions.
5
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6873
Page 2
Fiscal Impact
Amounts noted in the disbursement registers have no further fiscal impact. Amounts
were paid consistent with existing budget authorization and no further budgetary impac t
is required.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino
approve the commercial and payroll disbursements for August 2020.
Attachments
Attachment 1 Payroll checks for August 2020
Attachment 2 Commercial checks for Registers #5
Attachment 3 Commercial checks for Registers #6
Attachment 4 Commercial EFT Registers #948-954
Attachment 5 Commercial EFT Registers #955-959
5
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5.a
Packet Pg. 69 Attachment: FN. Payroll Summary Report ATTACHMENT#1 (6873 : Approval of Commercial and Payroll Disbursements)
5.b
Packet Pg. 70 Attachment: FN. Commercial Checks & Payroll. Register #5 ATTACHMENT#2 (6873 : Approval of
5.b
Packet Pg. 71 Attachment: FN. Commercial Checks & Payroll. Register #5 ATTACHMENT#2 (6873 : Approval of
5.b
Packet Pg. 72 Attachment: FN. Commercial Checks & Payroll. Register #5 ATTACHMENT#2 (6873 : Approval of
5.b
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5.b
Packet Pg. 74 Attachment: FN. Commercial Checks & Payroll. Register #5 ATTACHMENT#2 (6873 : Approval of
5.b
Packet Pg. 75 Attachment: FN. Commercial Checks & Payroll. Register #5 ATTACHMENT#2 (6873 : Approval of
5.b
Packet Pg. 76 Attachment: FN. Commercial Checks & Payroll. Register #5 ATTACHMENT#2 (6873 : Approval of
5.b
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5.b
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5.b
Packet Pg. 79 Attachment: FN. Commercial Checks & Payroll. Register #5 ATTACHMENT#2 (6873 : Approval of
5.b
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5.b
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5.b
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5.b
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5.b
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5.b
Packet Pg. 85 Attachment: FN. Commercial Checks & Payroll. Register #5 ATTACHMENT#2 (6873 : Approval of
5.c
Packet Pg. 86 Attachment: FN. Commercial Checks & Payroll. Register #6 . ATTACHMENT#3 (6873 : Approval of
5.c
Packet Pg. 87 Attachment: FN. Commercial Checks & Payroll. Register #6 . ATTACHMENT#3 (6873 : Approval of
5.c
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5.c
Packet Pg. 89 Attachment: FN. Commercial Checks & Payroll. Register #6 . ATTACHMENT#3 (6873 : Approval of
5.c
Packet Pg. 90 Attachment: FN. Commercial Checks & Payroll. Register #6 . ATTACHMENT#3 (6873 : Approval of
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5.c
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5.c
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5.c
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5.c
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5.c
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5.c
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5.c
Packet Pg. 101 Attachment: FN. Commercial Checks & Payroll. Register #6 . ATTACHMENT#3 (6873 : Approval of
5.c
Packet Pg. 102 Attachment: FN. Commercial Checks & Payroll. Register #6 . ATTACHMENT#3 (6873 : Approval of
5.c
Packet Pg. 103 Attachment: FN. Commercial Checks & Payroll. Register #6 . ATTACHMENT#3 (6873 : Approval of
5.d
Packet Pg. 104 Attachment: FN. EFT Register #948-954. ATTACHMENT#4 (6873 : Approval of Commercial and Payroll
5.d
Packet Pg. 105 Attachment: FN. EFT Register #948-954. ATTACHMENT#4 (6873 : Approval of Commercial and Payroll
5.e
Packet Pg. 106 Attachment: FN. EFT Register #955-959. ATTACHMENT#5 (6873 : Approval of Commercial and Payroll
5.e
Packet Pg. 107 Attachment: FN. EFT Register #955-959. ATTACHMENT#5 (6873 : Approval of Commercial and Payroll
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: September 2, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By: Jim Slobojan, Acting Finance Director
Subject: Monthly Investment Portfolio Report for July 2020
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino accept
and file the Monthly Investment Portfolio Report for July 2020.
Background
The City’s Statement of Investment Policy requires that a monthly Investment Portfolio
Report be prepared and submitted to the Mayor and City Council. The Director of
Finance will prepare, review, and present the City’s Investment Portfolio Report and
confirm that the portfolio is in compliance with the City’s Investment Policy.
Discussion
The Investment Portfolio Report provides a synopsis of investment activity for the City’s
investment portfolio for the month ended July 31, 2020.
As of July 1, 2020, the City’s Investment Portfolio is in f ull compliance with the City’s
Investment Policy and California Government Code Section 53601, and there is
sufficient cash flow from a combination of liquid and maturing securities, bank deposits,
and income to meet the City’s expenditure requirements.
2020-2025 Key Strategic Targets and Goals
The acceptance and filing of the attached Investment Portfolio Report aligns with Key
Target No. 1: Financial Stability by implementing and maintaining and updating a fiscal
accountability plan.
Fiscal Impact
None
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, accept and file the Monthly Investment Portfolio Report for July 2020.
Attachments
Attachment 1 Investment Portfolio Management Summary Report
6
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6879
Page 2
Ward: All
Synopsis of Previous Council Actions: None
6
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Page 1
Par Value Book Value
Maturity
Date
Stated
RateMarket Value
July 31, 2020
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
CITY OF SAN BERNARDINO
Days to
MaturityMoody'sCUSIPInvestment #
Purchase
Date
State Local Agency Investment Fund
0.907LOCAL AGENCY INVESTMENT FUND10001 41,729,750.07 41,729,750.07 0.92041,729,750.07SYS 1
41,729,750.0741,729,750.0741,729,750.0757,568,693.85Subtotal and Average 0.907 1
Managed Pool Accounts
0.799CALTRUST GOVT INVESTMENT FUND20008 1,778.89 1,778.89 0.8101,778.8920008 1
1,778.891,778.891,778.891,777.57Subtotal and Average 0.799 1
Corporate Notes
1.908AMERICAN HONDA FINANCE CORP30559 1,000,000.00 1,000,416.25 05/10/20231.95001/10/2020 1,037,640.00 A02665WDH1 1,012
1.732APPLE INC30554 1,000,000.00 998,841.98 09/11/20221.70012/10/2019 1,029,430.00 Aaa037833DL1 771
1.800APPLE INC30561 1,000,000.00 999,014.52 09/11/20241.80001/24/2020 1,053,310.00 Aa037833DM9 1,502
2.152BANK OF AMERICA CORPORATION30549 1,000,000.00 1,000,000.00 10/30/20222.10010/30/2019 999,930.00 Aa06048WD72 820
2.201BANK OF AMERICA CORPORATION30568 1,000,000.00 1,000,000.00 02/28/20252.05002/28/2020 982,230.0006048WH94 1,672
1.904BANK OF NEW YORK MELLON CORP30547C 2,000,000.00 2,015,710.87 08/16/20232.20010/16/2019 2,100,600.00 Aaa06406FAD5 1,110
1.180JOHNSON & JOHNSON30570 1,000,000.00 1,002,622.07 03/01/20211.65003/03/2020 1,005,550.00 Aaa478160BS2 212
2.268J.P. MORGAN CHASE & CO30551 1,000,000.00 1,000,000.00 12/23/20242.30012/23/2019 1,000,220.00 Aaa48128GN97 1,605
1.036J.P. MORGAN CHASE & CO30582 1,000,000.00 1,000,000.00 06/23/20251.05006/23/2020 1,001,620.00 Aaa48128GU40 1,787
1.731CHARLES SCHWAB CORP30563 1,064,000.00 1,086,950.95 01/25/20232.65001/27/2020 1,120,743.12 Aa808513AT2 907
2.096TOYOTA MOTOR CREDIT CORP30548 1,000,000.00 1,000,000.00 10/22/20242.12510/22/2019 994,040.00 Aaa89236TGN9 1,543
12,103,556.6412,325,313.1212,064,000.0012,104,268.54Subtotal and Average 1.825 1,169
Federal Agency Issues - Coupon
1.726FEDERAL FARM CREDIT BANK30536 1,000,000.00 1,000,000.00 10/26/20201.75010/26/2017 1,003,820.00 Aaa3133EHJ95 86
1.567FEDERAL FARM CREDIT BANK30555 2,000,000.00 2,013,961.03 12/13/20212.11012/31/2019 2,052,900.00 Aaa3133EH2T9 499
1.612FEDERAL FARM CREDIT BANK30564 1,000,000.00 999,157.55 02/10/20231.60002/11/2020 1,007,350.00 Aaa3133ELMD3 923
0.572FEDERAL FARM CREDIT BANK30573 1,000,000.00 1,000,000.00 06/03/20240.58006/03/2020 1,000,710.00 Aaa3133ELE67 1,402
0.661FEDERAL FARM CREDIT BANK30574 1,000,000.00 1,000,000.00 06/03/20240.67006/03/2020 1,000,030.00 Aaa3133ELE59 1,402
0.661FEDERAL FARM CREDIT BANK30575 1,000,000.00 1,000,000.00 06/03/20240.67006/03/2020 1,000,030.00 Aaa3133ELE59 1,402
0.721FEDERAL FARM CREDIT BANK30579 1,000,000.00 999,512.49 02/20/20250.72006/19/2020 1,000,020.00 Aaa3133ELA46 1,664
1.164FEDERAL HOME LOAN BANK30516 1,000,000.00 1,000,210.80 09/11/20201.37511/02/2016 1,001,310.00 Aaa313380WG8 41
1.781FEDERAL HOME LOAN BANK30522 1,000,000.00 999,023.59 12/24/20201.55001/09/2017 1,005,770.00 Aaa313381P25 145
1.913FEDERAL HOME LOAN BANK30523 1,000,000.00 999,119.92 11/29/20211.87501/19/2017 1,023,030.00 Aaa3130AABG2 485
1.926FEDERAL HOME LOAN BANK30528 1,000,000.00 999,021.21 11/29/20211.87502/14/2017 1,023,030.00 Aaa3130AABG2 485
1.672FEDERAL HOME LOAN BANK30534 1,000,000.00 1,000,360.13 04/07/20211.75006/14/2017 1,011,430.00 Aaa3130AB5A0 249
1.687FEDERAL HOME LOAN BANK30535 1,000,000.00 1,001,366.69 06/11/20211.87506/22/2017 1,015,290.00 Aaa313379RB7 314
2.541FEDERAL HOME LOAN BANK30539 1,000,000.00 1,000,319.51 09/11/20202.87506/11/2018 1,002,910.00 Aaa313370US5 41
Portfolio CITY
AP
Run Date: 08/11/2020 - 09:15 PM (PRF_PM2) 7.3.0
Report Ver. 7.3.3b
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Par Value Book Value
Maturity
Date
Stated
RateMarket Value
July 31, 2020
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
CITY OF SAN BERNARDINO
Days to
MaturityMoody'sCUSIPInvestment #
Purchase
Date
Federal Agency Issues - Coupon
2.836FEDERAL HOME LOAN BANK30540C 1,000,000.00 1,000,000.00 01/29/20242.87501/29/2019 1,011,160.00 Aaa3130AFRQ2 1,276
1.726FEDERAL HOME LOAN BANK30565 2,000,000.00 2,000,000.00 02/12/20251.75002/12/2020 2,002,180.00 Aaa3130AJ5F2 1,656
1.529FEDERAL HOME LOAN BANK30566 1,000,000.00 1,000,000.00 03/25/20241.55003/25/2020 1,004,910.00 Aaa3130AJAX7 1,332
1.341FEDERAL HOME LOAN MORTGAGE CRP30518 1,000,000.00 997,661.51 08/12/20211.12511/07/2016 1,010,050.00 Aaa3137EAEC9 376
1.978FEDERAL HOME LOAN MORTGAGE CRP30525C 425,000.00 424,968.35 01/26/20222.00001/30/2017 435,688.75 Aaa3134GAU44 543
2.096FEDERAL HOME LOAN MORTGAGE CRP30529C 1,000,000.00 1,000,000.00 02/28/20222.12502/28/2017 1,030,860.00 Aaa3134GA5T7 576
1.973FEDERAL HOME LOAN MORTGAGE CRP30530C 1,000,000.00 1,000,000.00 09/16/20212.00003/16/2017 1,020,810.00 Aaa3134GA5C4 411
1.933FEDERAL HOME LOAN MORTGAGE CRP30531 1,000,000.00 999,195.63 07/26/20211.87503/06/2017 1,017,010.00 Aaa3134G9M20 359
2.042FEDERAL HOME LOAN MORTGAGE CRP30537C 1,000,000.00 998,835.40 04/26/20222.00011/06/2017 1,032,050.00 Aaa3134GBP55 633
0.444FEDERAL HOME LOAN MORTGAGE CRP30576 1,000,000.00 1,000,000.00 06/01/20230.45006/01/2020 1,000,400.00 Aaa3134GVB72 1,034
0.414FEDERAL HOME LOAN MORTGAGE CRP30577 1,000,000.00 1,000,000.00 03/17/20230.42006/17/2020 1,000,440.00 Aaa3134GVQ50 958
0.444FEDERAL HOME LOAN MORTGAGE CRP30578 1,000,000.00 1,000,000.00 12/29/20230.45006/29/2020 1,000,340.00 Aaa3134GVS82 1,245
0.641FEDERAL HOME LOAN MORTGAGE CRP30581 1,000,000.00 1,000,000.00 06/30/20250.65006/30/2020 1,001,580.00 Aaa3134GVT99 1,794
0.493FEDERAL HOME LOAN MORTGAGE CRP30583 1,000,000.00 1,000,000.00 03/28/20240.50006/29/2020 1,000,510.00 Aaa3134GV3T3 1,335
0.444FEDERAL HOME LOAN MORTGAGE CRP30584 1,000,000.00 1,000,000.00 07/22/20240.45007/22/2020 1,001,040.00 Aaa3134GWCB0 1,451
0.395FEDERAL HOME LOAN MORTGAGE CRP30586 1,000,000.00 1,000,000.00 10/23/20230.40007/23/2020 1,000,280.00 Aaa3134GV6D5 1,178
0.493FEDERAL HOME LOAN MORTGAGE CRP30587 1,000,000.00 1,000,000.00 10/30/20240.50007/30/2020 1,000,340.00 Aaa3134GWDX1 1,551
0.360FEDERAL HOME LOAN MORTGAGE CRP30592 1,000,000.00 1,000,312.21 07/28/20230.37507/30/2020 999,649.00 Aaa3134GWDL7 1,091
0.335FEDERAL HOME LOAN MORTGAGE CRP30593 1,000,000.00 1,000,000.00 04/21/20230.34007/30/2020 999,950.00 Aaa3134GV7M4 993
1.272FEDERAL NATIONAL MORTGAGE ASSO30510C 1,000,000.00 999,969.79 09/29/20201.27009/29/2016 1,001,800.00 Aaa3136G37C3 59
1.332FEDERAL NATIONAL MORTGAGE ASSO30512C 1,000,000.00 1,000,000.00 03/29/20211.35009/29/2016 1,007,820.00 Aaa3136G4BD4 240
1.411FEDERAL NATIONAL MORTGAGE ASSO30513 1,000,000.00 999,319.16 10/07/20211.37510/13/2016 1,014,630.00 Aaa3135GOQ89 432
1.401FEDERAL NATIONAL MORTGAGE ASSO30515 1,000,000.00 999,484.29 10/07/20211.37510/31/2016 1,014,630.00 Aaa3135G0Q89 432
1.341FEDERAL NATIONAL MORTGAGE ASSO30517 1,000,000.00 1,000,126.64 10/07/20211.37511/03/2016 1,014,630.00 Aaa3135GOQ89 432
1.716FEDERAL NATIONAL MORTGAGE ASSO30519 1,000,000.00 995,875.14 10/07/20211.37511/18/2016 1,014,630.00 Aaa3135G0Q89 432
1.946FEDERAL NATIONAL MORTGAGE ASSO30524 1,000,000.00 1,000,363.43 01/05/20222.00001/23/2017 1,026,430.00 Aaa3135G0S38 522
1.994FEDERAL NATIONAL MORTGAGE ASSO30526 1,000,000.00 999,710.10 01/05/20222.00002/02/2017 1,026,430.00 Aaa3135G0S38 522
1.775FEDERAL NATIONAL MORTGAGE ASSO30527C 1,000,000.00 1,000,000.00 08/21/20201.80002/21/2017 1,000,850.00 Aaa3136G4LA9 20
2.014FEDERAL NATIONAL MORTGAGE ASSO30532 1,000,000.00 999,429.41 01/05/20222.00003/02/2017 1,026,430.00 Aaa3135G0S38 522
2.140FEDERAL NATIONAL MORTGAGE ASSO30533C 1,000,000.00 1,000,000.00 03/29/20222.17003/29/2017 1,033,690.00 Aaa3136G4MQ3 605
0.513FEDERAL NATIONAL MORTGAGE ASSO30580 1,000,000.00 1,000,000.00 12/22/20230.52006/22/2020 1,000,880.00 Aaa3136G4XE8 1,238
0.592FEDERAL NATIONAL MORTGAGE ASSO30585 1,000,000.00 1,000,000.00 07/22/20250.60007/22/2020 1,000,640.00 Aaa3136G4ZF3 1,816
47,427,303.9847,900,367.7547,425,000.0043,201,365.30Subtotal and Average 1.344 802
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Par Value Book Value
Maturity
Date
Stated
RateMarket Value
July 31, 2020
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
CITY OF SAN BERNARDINO
Days to
MaturityMoody'sCUSIPInvestment #
Purchase
Date
Supranationals
1.726INTL BK RECON & DEVELOPMENT30562 1,000,000.00 1,000,000.00 01/27/20231.75001/27/2020 1,006,310.00 Aaa45905U5U4 909
1.913INTL BK RECON & DEVELOPMENT30569 1,000,000.00 1,004,679.41 01/28/20252.05003/03/2020 1,006,860.00 Aaa459058HV8 1,641
2,004,679.412,013,170.002,000,000.002,004,722.19Subtotal and Average 1.820 1,276
Treasury Securities - Coupon
1.919U.S. TREASURY40001C 1,000,000.00 1,000,559.50 08/31/20212.00002/21/2017 1,020,230.00 Aaa912828D72 395
2.348U.S. TREASURY40002 1,000,000.00 998,759.81 07/31/20212.25002/12/2018 1,020,980.00 Aaa912828WY2 364
2.510U.S. TREASURY40003 1,000,000.00 997,187.13 07/31/20212.25006/04/2018 1,020,980.00 Aaa912828WY2 364
2.584U.S. TREASURY40004 1,000,000.00 998,540.32 03/15/20212.37506/25/2018 1,014,060.00 Aaa9128284B3 226
3,995,046.764,076,250.004,000,000.003,994,804.11Subtotal and Average 2.340 337
Certificates of Deposit
1.7261ST TECHNOLOGY FEDERAL CREDIT80034 248,000.00 248,000.00 06/30/20211.75006/30/2016 251,212.8433715LAD2 333
2.022AMERICAN EXPRESS CENTURION BK80038 247,000.00 247,000.00 12/01/20212.05012/01/2016 252,638.9602587DM70 487
2.170BMW BANK80041 247,000.00 247,000.00 02/24/20222.20002/24/2017 254,381.9905580AGK4 572
2.614CAPITAL ONE NATIONAL ASSOC80054 247,000.00 247,000.00 05/30/20242.65005/30/2019 270,363.0614042RLW9 1,398
2.860CITI BANK SALT LAKE CITY UTAH80043 246,000.00 246,000.00 05/24/20212.90005/23/2018 251,265.4617312QM22 296
2.712COMENITY CAPITAL BANK80052 249,000.00 249,000.00 04/15/20242.75004/29/2019 272,760.2020033AU61 1,353
2.416EAGLE BANK80053 249,000.00 249,000.00 05/24/20222.45005/24/2019 259,049.2427002YEP7 661
3.107GOLDMAN SACHS GROUP INC.80046 245,000.00 245,000.00 01/17/20233.15001/16/2019 263,116.4538148P4B0 899
2.910MEDALLION BANK80044 249,000.00 249,000.00 06/04/20212.95006/04/2018 254,529.7458404DCA7 307
2.860MORGAN STANLEY BANK80042 246,000.00 246,000.00 05/10/20212.90005/10/2018 251,017.4761747MX63 282
3.008MORGAN STANLEY PRIVATE BANK80048 246,000.00 246,000.00 01/31/20243.05001/31/2019 270,826.1061760AVF3 1,278
2.564MORGAN STANLEY PRIVATE BANK80055 247,000.00 247,000.00 06/13/20242.60006/13/2019 270,093.1261760AG52 1,412
2.712NORTHWESTERN BANK80049 245,000.00 245,000.00 02/13/20232.75002/13/2019 261,148.69668015AL4 926
2.712OXFORD BANK & TRUST80051 245,000.00 245,000.00 06/28/20222.75002/28/2019 256,935.5269140WAS4 696
2.022STEARNS BANK80039 249,000.00 249,000.00 01/13/20222.05001/13/2017 255,271.19857894SK6 530
1.677SYNCHRONY BANK80036 247,000.00 247,000.00 10/21/20211.70010/21/2016 250,960.0587165FNC4 446
2.959TIAA FSB80050 245,000.00 245,000.00 02/22/20243.00002/22/2019 269,707.8687270LBU6 1,300
2.959UBS FINANCE COMMERCIAL PAPER80045 249,000.00 249,000.00 06/14/20213.00006/13/2018 254,818.7890348JCU2 317
2.022WASHINGTON FIRST BK RESTON80040 247,000.00 247,000.00 02/23/20222.05002/23/2017 253,782.42940727AH3 571
3.156WELLS FARGO BK NA80047 500,000.00 500,000.00 01/18/20243.20001/18/2019 552,634.35949763WU6 1,265
1.726WELLS FARGO BANK80033 249,000.00 249,000.00 06/17/20211.75006/17/2016 252,103.049497485W3 320
5,442,000.005,728,616.535,442,000.005,442,000.00Subtotal and Average 2.548 769
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Page 4
Par Value Book Value
Maturity
Date
Stated
RateMarket Value
July 31, 2020
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
CITY OF SAN BERNARDINO
Days to
MaturityMoody'sCUSIPInvestment #
Purchase
Date
Money Market Funds
0.039WELLS FARGO GOVT MONEY MARKET20002 2,263,692.31 2,263,692.31 0.0402,263,692.31SYS20002 1
2,263,692.312,263,692.312,263,692.315,496,494.60Subtotal and Average 0.039 1
129,814,126.15 114,926,221.27 1.310 525116,038,938.67 114,967,808.06Total and Average
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Page 5
Par Value Book Value
Stated
RateMarket Value
July 31, 2020
Portfolio Details - Cash
Average
BalanceIssuer
Portfolio Management
CITY OF SAN BERNARDINO
Days to
MaturityMoody'sCUSIPInvestment #
Purchase
Date
0.00
129,814,126.15 114,926,221.27 1.310 525
0
11,238.61
11,238.61
11,238.61
11,238.61
Subtotal
Accrued Interest at PurchaseAverage Balance
116,050,177.28 114,979,046.67Total Cash and Investments
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Packet Pg. 115 Attachment: FN. Investment Portfolio Report July 2020 . Attachment 1 (6879 : Monthly Investment
Page 1
Stated
Rate
Transaction
Date
July 1, 2020 through July 31, 2020
Activity By Type
Balance
Portfolio Management
CITY OF SAN BERNARDINO
CUSIP Investment #Issuer
Purchases
or Deposits
Redemptions
or Withdrawals
State Local Agency Investment Fund (Monthly Summary)
LOCAL AGENCY INVESTMENT FUND10001 5,198,800.780.920 32,000,000.00SYS
32,000,000.00 41,729,750.07Subtotal5,198,800.78
Managed Pool Accounts (Monthly Summary)
CALTRUST GOVT INVESTMENT FUND20008 1.360.810 0.0020008
0.00 1,778.89Subtotal1.36
Corporate Notes
12,103,556.64Subtotal
Federal Agency Issues - Coupon
FEDERAL FARM CREDIT BANK30557 0.001.640 07/09/2020 1,000,000.003133ELGK4
FEDERAL HOME LOAN MORTGAGE CRP30558 0.001.650 07/13/2020 1,000,000.003134GUW55
FEDERAL HOME LOAN MORTGAGE CRP30584 1,000,000.000.450 07/22/2020 0.003134GWCB0
FEDERAL HOME LOAN MORTGAGE CRP30586 1,000,000.000.400 07/23/2020 0.003134GV6D5
FEDERAL HOME LOAN MORTGAGE CRP30587 1,000,000.000.500 07/30/2020 0.003134GWDX1
FEDERAL HOME LOAN MORTGAGE CRP30592 1,000,312.500.375 07/30/2020 0.003134GWDL7
FEDERAL HOME LOAN MORTGAGE CRP30593 1,000,000.000.340 07/30/2020 0.003134GV7M4
FEDERAL NATIONAL MORTGAGE ASSO30585 1,000,000.000.600 07/22/2020 0.003136G4ZF3
2,000,000.00 47,427,303.98Subtotal6,000,312.50
Supranationals
2,004,679.41Subtotal
Treasury Securities - Coupon
3,995,046.76Subtotal
Certificates of Deposit
5,442,000.00Subtotal
Money Market Funds (Monthly Summary)
WELLS FARGO GOVT MONEY MARKET20002 34,399,929.180.040 33,265,129.93SYS20002
33,265,129.93 2,263,692.31Subtotal34,399,929.18
114,967,808.06Total67,265,129.9345,599,043.82
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Packet Pg. 116 Attachment: FN. Investment Portfolio Report July 2020 . Attachment 1 (6879 : Monthly Investment
Page 1
July 2019 through July 2020
Activity Summary
Month
Portfolio Management
End Year
Number of
Securities
Total
Invested
360
Equivalent
365
Equivalent
Managed
Pool
Rate
Average
Term
Average
Days to Maturity
CITY OF SAN BERNARDINO
Number
of Investments
Purchased
Number
of Investments
Redeemed
Yield to Maturity
102,169,953.51July201976 792 3482.076 2.105 2.379 0 2
100,006,961.73August201973 782 3401.984 2.012 2.341 0 3
94,603,560.06September201969 795 3441.971 1.998 2.280 0 4
91,198,209.04October201976 960 4741.957 1.985 2.190 7 0
96,737,190.19November201974 869 4301.945 1.972 2.103 0 2
104,414,539.79December201978 846 4521.942 1.969 2.043 6 2
116,512,135.33January202085 826 4561.903 1.929 1.967 7 0
123,735,583.62February202088 831 4671.870 1.896 1.912 3 0
117,383,961.74March202092 898 5271.760 1.784 1.730 6 2
116,849,030.14April202084 799 4311.720 1.744 1.648 0 8
138,861,091.34May202081 650 3401.523 1.544 1.363 0 3
136,635,240.56June202083 712 4051.432 1.452 1.217 11 9
114,967,808.06July202087 905 5251.310 1.328 0.920 6 2
Average 111,851,943.47 1.800%1.825%1.853 4 3 820 42680
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Packet Pg. 117 Attachment: FN. Investment Portfolio Report July 2020 . Attachment 1 (6879 : Monthly Investment
Page 1
July 31, 2020
Interest Earnings Summary
Month EndingJuly 31 Fiscal Year To Date
Portfolio Management
CITY OF SAN BERNARDINO
CD/Coupon/Discount Investments:
136,869.94Interest Collected
Plus Accrued Interest at End of Period
Less Accrued Interest at Beginning of Period
248,923.19
( 289,879.23)
136,869.94
248,923.19
( 289,879.23)
Less Accrued Interest at Purchase During Period ( 0.00)( 0.00)
Interest Earned during Period
Adjusted by Premiums and Discounts
Adjusted by Capital Gains or Losses
Earnings during Periods
95,913.90
-1,450.93
0.00
95,913.90
-1,450.93
0.00
94,462.97 94,462.97
Pass Through Securities:
0.00Interest Collected
Plus Accrued Interest at End of Period
Less Accrued Interest at Beginning of Period
0.00
( 0.00)
0.00
0.00
( 0.00)
Less Accrued Interest at Purchase During Period ( 0.00)( 0.00)
Interest Earned during Period
Adjusted by Premiums and Discounts
Adjusted by Capital Gains or Losses
Earnings during Periods
0.00
0.00
0.00
0.00
0.00
0.00
0.00 0.00
Cash/Checking Accounts:
198,993.01Interest Collected
Plus Accrued Interest at End of Period
Less Accrued Interest at Beginning of Period
490,685.41
( 630,233.71)
198,993.01
490,685.41
( 630,233.71)
Interest Earned during Period 59,444.71 59,444.71
Total Interest Earned during Period
Total Adjustments from Premiums and Discounts
Total Capital Gains or Losses
Total Earnings during Period
155,358.61
-1,450.93
0.00
155,358.61
-1,450.93
0.00
153,907.68 153,907.68
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: September 2, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
Subject: Resolution to Amend the Professional Services Agreement
with Jones & Mayer
Recommendation
Adopt Resolution No. 2020-213 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to execute an amendment to the
Professional Services Agreement between Jones & Mayer and the City of San
Bernardino to provide legal counsel to the Personnel Commission in association with
disciplinary appeal hearings.
Background
Article VI, Section 604 of the City Charter approved by voters on November 8, 2016,
established the Personnel Commission consisting of five members who are residents of
the City and are appointed by the Mayor and City Council to hear disciplinary appeals
filed by City employees. Independent, special counsel with expertise in municipal and
labor law is assigned to assist the Personnel Commission in conducting these
evidentiary hearings.
Discussion
On June 20, 2018, the Mayor and City Council authorized the City Manager to execute
an agreement with Jones & Mayer for special counsel to serve as the legal advisor to
the Personnel Commission (Resolution No. 2018-16). Harold Potter with Jones &
Mayer was selected to serve as the legal advisor to the Personnel Commission. Mr.
Potter has been a practicing trial lawyer in Southern California for thirty-four (34) years
and has been a senior litigator with Jones & Mayer for twenty -four (24) years. Mr.
Potter has served as counsel for the Glendale Civil Service Commission for over ten
(10) years and has advised the Westminster Personnel Board, the Whittier Personnel
Commission, the La Habra Personal Board, the Fullerton City Council and the
Susanville City Council on disciplinary matters on over a dozen cases.
Since 2018, Mr. Potter has served as the legal advisor for the City of San Bernardino’s
Personnel Commission assisting with multiple disciplinary appeal cases that have come
before the Commission. Mr. Potter’s knowledge and experience working with the City’s
Personnel Commission provides continuity in service as needed. An amendment to the
Professional Services Agreement with Jones & Mayer from a maximum of $50,000 to
$75,000 will be required to continue to provide special counsel to the Personnel
7
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6871
Page 2
Commission, independent of the City Attorney’s Office. This is necessary to preserve
the due process rights of employees who appeal discipline as the City Attorney's Office
routinely advises the Human Resources Department on disciplinary matters and cannot
impartially advise the Commission when an appeal comes before it.
2020-2025 Key Strategic Targets and Goals
Engaging special counsel to serve as an independent legal advisor to the Personnel
Commission in association with disciplinary appeal matters aligns with Key Target No.
2: Focused, Aligned Leadership and Unified Community, helping to ensure that
employees know that they are their work are valued as we work to make sure that
employees are afforded fair and impartial consideration in association with the
disciplinary appeal process.
Fiscal Impact
Funding for special counsel was included in the City Attorney’s FY 2 020/21 budget
within account number 001-050-0005-5503. The amendment will increase the
Professional Services Agreement with Jones & Mayer by $25,000 for a maximum of
$75,000.
Conclusion
It is recommended that the Mayor and City Council adopt Resolution No. 2020-213,
authorizing the City Manager to execute an amendment to the Professional Services
Agreement between Jones & Mayer and the City of San Bernardino to provide legal
counsel to the Personnel Commission in association with disciplinary appeal hearings.
Attachments
Attachment 1 Resolution 2020-213; Exhibit A - Amendment to the Professional
Services Agreement
Attachment 2 Professional Services Agreement
Ward: All
Synopsis of Previous Council Actions:
June 20, 2018 Mayor and City Council adopted Resolution No. 2018-161
authorizing the City Manager to execute and agreement with Jones
& Mayer for special counsel to serve as the legal advisor to the
Personnel Commission.
November 21, 2018 Mayor and City Council authorizing the City Manager to
execute the first amendment to the agreement with Jones & Mayer
for special counsel to serve as the legal advisor to the Personnel
Commission.
7
Packet Pg. 120
RESOLUTION NO. 2020-213
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE PROFESSIONAL SERVICES
AGREMENT BETWEEN JONES & MAYER AND THE
CITY OF SAN BERNARDINO TO PROVIDE LEGAL
COUNSEL TO THE PERSONNEL COMMISSION IN
ASSOCIATION WITH DISCIPLINARY APPEAL
HEARINGS
WHEREAS, the Article VI, Section 604 of the City Charter establishes the Personnel
Commission to hear disciplinary appeals filed by City employees; and
WHEREAS, the Personnel Commission needs special counsel to serve as a legal advisor
in the conduct evidentiary disciplinary appeal hearings; and
WHEREAS, such legal services require specialized legal knowledge; and
WHEREAS, the Professional Services Agreement between the City of San Bernardino
and Jones & Mayer for legal services provided to the Personnel Commission was entered on July
26, 2018 (“Original Agreement”) and amendment on November 21, 2018; and
WHEREAS, there is a need to amend the Original Agreement to increase the total cost
of services to $75,000.00.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager or designee is hereby authorized to execute the second
amendment to the professional services agreement, attached hereto and incorporated herein as
Exhibit “A”, with Jones & Mayer, to provide legal counsel to the Personnel Commission in
association with disciplinary appeal hearings.
SECTION 3. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
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Packet Pg. 121 Attachment: CM. PSA Amendment.Attorney.PC.Resolution (6871 : Resolution to Amend the Professional Services Agreement with Jones &
Resolution No. 2020-213
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Packet Pg. 122 Attachment: CM. PSA Amendment.Attorney.PC.Resolution (6871 : Resolution to Amend the Professional Services Agreement with Jones &
Resolution No. 2020-213
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, City Clerk
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Packet Pg. 123 Attachment: CM. PSA Amendment.Attorney.PC.Resolution (6871 : Resolution to Amend the Professional Services Agreement with Jones &
SECOND AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND THE LAW FIRM OF JONES &
MAYER FOR LEGAL SERVICES PROVIDED TO THE
PERSONNEL COMMISSION
This Second Amendment (“Second Amendment”) to the Professional Services Agreement
between the City of San Bernardino (“City”) and the law firm of Jones & Mayer (“Consultant”) is
made and entered into this 2nd day of September 2020 (“Effective Date”). City and Consultant may
hereafter be referred to as the “Parties.”
WHEREAS, the Parties entered into a Professional Services Agreement for legal services
provided to the Personnel Commission on July 26, 2018 (“Original Agreement”); and
WHEREAS, the Professional Services Agreement for legal services provided to the
Personnel Commission was amended on November 21, 2018 (“First Amendment”); and
WHEREAS, the Parties wish to amend the Original Agreement to increase the total cost of
services to $75,000.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the Parties hereby agree as follows:
1. Section 3 of the Original Agreement is hereby amended to increase the total not-to-
exceed contract amount to $75,000.
2. Except for the changes specifically set forth herein, all other terms and conditions of the
Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN BERNARDINO
Approved By:
Teri Ledoux
City Manager
Approved as to Form:
Sonia Carvalho
City Attorney
Attested By:
Genoveva Rocha, CMC, City Clerk
CONSULTANT
Signature
Name
Title
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Packet Pg. 124 Attachment: CM.Jones & Mayer PSA Second Amendment (6871 : Resolution to Amend the Professional Services Agreement with Jones &
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: September 2, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Kris Jensen, Director of Public Works
Subject: Resolution Approving Mitigated Negative Declaration for State
Street Extension Project
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-189:
1. Adopting a Mitigated Negative Declaration (MND); and
2. Approving a Mitigation Monitoring and Reporting Program (MMRP); and
3. Authorizing the Director of Community an Economic Development or designee to
file a Notice of Determination (NOD) with the Clerk of the Board of Supervisors of
San Bernardino County for the State Street Extension Project (SS04-009).
Background
The State Street Extension Project is a multiphase Capital Improvement Project (CIP)
that will extend State Street from 16th to Foothill. In FY 2018/19, as part of the CIP, the
Mayor and City Council approved Phase 1 of the State Street Extension Project. This
phase consists of rehabilitating existing roadway between 16 th Street and Hanford
Street and extending State Street from Hanford Street and Baseline Street.
State Street is designated as a major arterial roadway in the City’s General Plan. The
Phase 1 segment will be designed to be a 100 foot -wide right-of-way, with four lanes of
travel, and will include the addition of sidewalks, curbs and gutters, medians, bike lanes
and street lighting. The existing traffic signal at Baseline Street and State Street will also
be modified to add a fourth leg. These items will be constructed in accordance with the
Major Arterial roadway standards.
Existing right-of-way on State Street between 16th Street and Hanford is adequate to
support the work to be performed on this section. Additional right -of-way is required for
the extension of State Street from Hanford to Baseline.
Discussion
On December 5, 2018, the Mayor and City Council ad opted Resolution 2018-310
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approving an Agreement with Engineering Resources of Southern California, Inc.
(ERSC) to provide environmental and civil engineering design services for the extension
of State Street from 16th Street to Baseline Street (SS04 -009). As part of its contract,
ERSC is tasked to provide environmental clearance for the project under the California
Environmental Quality Act (CEQA). At this time, ERSC has completed the
environmental clearance for Phase 1. The City is the Lead Agency for th is project
under CEQA and the final environmental determination must be adopted by Resolution
of the Mayor and City Council.
In accordance with Section 15063 (Initial Study) of the California Environmental Quality
Act (CEQA), an Initial Study/Mitigated Negative Declaration was prepared in connection
with the State Street Extension project. Accordingly, pursuant to Section 15072 of
CEQA, a Notice of Intent to Adopt a Mitigated Negative Declaration was posted on
September 17, 2019 for the CEQA-mandated thirty (30) day public review and comment
period. During the thirty (30) day public review period no comments were received and
the Final Mitigated Negative Declaration was prepared.
On June 9, 2020, the Planning Commission adopted Resolution No.2020 -025PC
forwarding a recommendation to the Mayor and City Council recommending the
adoption of the Mitigated Negative Declaration under the CEQA for the State Street
Extension Project.
2020-2025 Key Strategic Targets and Goals
The State Street Extension Project aligns with Key Target No. 1d: Minimize risk and
litigation exposure. The proposed street improvements for State Street will be built to
the standards of a Major Arterial and will address the City’s traffic circulation needs
while ensuring public safety.
Fiscal Impact
A $50 filing fee must be paid to the County Clerk of the Board when filing the Notice of
Determination. In addition, a CEQA Environmental Document Filing fee in the amount
of $2,280.75 is collected by the County Clerk of the Board on behalf of the California
State Department of Fish and Wildlife. Sufficient funds are included in the FY 2020/21
Budget in Account No. 264-160-7245-5504 "State Street Extension Phase 1 - 16th
Street to Baseline Street (SS04-009)" to cover the cost of these fees.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-189:
1. Adopting a Mitigated Negative Declaration (MND); and
2. Approving a Mitigation Monitoring and Reporting Program (MMRP); and
3. Authorizing the Director of Community an Economic Development or designee to
file a Notice of Determination (NOD) with the Clerk of the Board of Supervisors of
San Bernardino County for the State Street Extension Project (SS04-009).
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Attachments
Attachment 1 Resolution 2020-189; Exhibit “A” - Mitigated Negative Declaration;
Exhibit “B” - Mitigation Monitoring and Reporting Program
Attachment 2 Location Map
Wards: 1, 6
Synopsis of Previous Council Actions:
December 05, 2018 Resolution 2018-310 approving an Agreement with
Engineering Resources of Southern California, Inc. (ERSC)
to provide environmental and civil engineering design
services.
June 19, 2019 The Mayor and City Council adopted Resolution No. 2019-
168 approving Capital Improvement Program for FY
2019/2020.
June 20, 2018 The Mayor and City Council adopted Resolution No. 2018-
189 approving the City’s final budget document for Fiscal
Year 2018/2019.
June 9, 2020 Planning Commission adopted Resolution No.2020 -025PC
forwarding a recommendation to the Mayor and Council
recommending the adoption of the Mitigated Negative
Declaration under the California Environmental Quality Act
for the State Street Extension Project.
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RESOLUTION NO. 2020-189
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADOPTING A MITIGATED NEGATIVE DECLARATION
(MND); APPROVING A MITIGATION MONITORING AND
REPORTING PROGRAM (MMRP); AND AUTHORIZING
THE DIRECTOR OF COMMUNITY AND ECONOMIC
DEVELOPMENT OR DESIGNEE TO FILE A NOTICE OF
DETERMINATION (NOD) WITH THE CLERK OF THE
BOARD OF SUPERVISORS OF SAN BERNARDINO
COUNTY FOR THE STATE STREET EXTENSION
PROJECT (SS04-009)
WHEREAS, the City of San Bernardino Public Works Department will construct a new,
approximately one-half mile segment of State Street, between 16th Street and Baseline as part of
the City’s long-term phased plan to extend State Street from its present terminus at 16th Street to
approximately 1.5 miles southerly to intersect with 5th Street; and
WHEREAS, pursuant to requirements of Section 15063 of the California Environmental
Quality Act, a Draft Initial Study/Mitigated Negative Declaration was prepared by Jericho
Systems, Inc. on behalf of the City of San Bernardino Public Works Department for the State
Street Extension project; and
WHEREAS, in accordance with the California Environmental Quality Act, the Public
Works Department published a Notice of Intent to Adopt a Mitigated Negative Declaration and
commenced the required thirty (30) day public review period on the Draft Initial Study/Mitigated
Negative Declaration for the State Street Extension project.; and
WHEREAS, there were no comments submitted during the required thirty (30) day
public review period on the Draft Initial Study/Mitigated Negative Declaration for the State
Street Extension project and the Final Initial Study/Mitigated Negative Declaration was
previously prepared and includes the Mitigation Monitoring and Reporting Program; and
WHEREAS, on May 30, 2020, pursuant to the requirements Section 19.52.020
(Application Processing) of the City of San Bernardino Development Code, the City gave public
notice by advertising in the San Bernardino Sun, a newspaper of general circulation within the
City of San Bernardino, of the holding of a public hearing at which the Mitigated Negative
Declaration for the N. State Street Extension project would be considered; and
WHEREAS, on June 9, 2020, pursuant to the requirements of Section 19.52.040
(Hearing Procedure) of the City of San Bernardino Development Code, the Planning
Commission held the duly noticed public hearing at which interested persons had an opportunity
to testify in support of, or opposition to the State Street Extension project; and
8.a
Packet Pg. 133 Attachment: PW. Adopt Mitigated Negative Decleration State Street.01 Attachment 1- Resolution [Revision 1] (6827 : Resolution Approving
Resolution No. 2020-189
WHEREAS, pursuant to the requirements of Chapter 19.52 of the City of San
Bernardino Development Code, the Planning Commission has the authority to take action on the
Mitigated Negative Declaration for the State Street Extension project; and
WHEREAS, on June 9, 2020, the Planning Commission adopted Resolution No. 2020-
025PC adopting the Mitigated Negative Declaration in accordance with Section 15074 of the
California Environmental Quality Act for the State Street Extension project and forwarding
recommendation to the Mayor and Council recommending the adoption of the Mitigated
Negative Declaration and directing the Planning Commission Secretary to prepare and file with
the Clerk of the County of San Bernardino a Notice of Determination as provided under Public
Resources Code Section 21152(a) and CEQA Guidelines Section 15075.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager or her designee is hereby authorized to execute and
adopt a Mitigated Negative Declaration (MND); and Mitigation Monitoring and Reporting
Program (MMRP); copies of which are attached as Exhibit “A” and Exhibit “B” and
incorporated herein.
SECTION 3. Director of Community and Economic Development or designee is
authorized and directed to file a Notice of Determination (NOD) with the clerk of the board of
supervisors of San Bernardino County for the N. State Street Extension Project (SS04-009).
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
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Packet Pg. 134 Attachment: PW. Adopt Mitigated Negative Decleration State Street.01 Attachment 1- Resolution [Revision 1] (6827 : Resolution Approving
Resolution No. 2020-189
Approved as to form:
Sonia Carvalho, City Attorney
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Packet Pg. 135 Attachment: PW. Adopt Mitigated Negative Decleration State Street.01 Attachment 1- Resolution [Revision 1] (6827 : Resolution Approving
Resolution No. 2020-189
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, City Clerk
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Packet Pg. 136 Attachment: PW. Adopt Mitigated Negative Decleration State Street.01 Attachment 1- Resolution [Revision 1] (6827 : Resolution Approving
Exhibit A
MITIGATED NEGATIVE DECLARATION
Lead Agency: City of San Bernardino
Contact: Oliver Mujica, Planning Manager
City of San Bernardino Community & Economic Development
Office: 201 North E St, 3rd Floor / Mail: 290 North D St
San Bernardino, CA 92401
Project Title: Phase 1 of the State Street Extension, (4 Lanes), 16th Street to Baseline Street
State Clearinghouse Number: 2019099054
Project Location: The Project activities will occur within the existing developed areas of the currently two-
lane State Street and its existing right-of-way between 16th Street and the terminus of
Hanford Street, and within new rights-of-way to be acquired between the terminus of
Hanford Street and W. Baseline Street.
Project Description: The City of San Bernardino is proposing to construct a new, approximately one-half mile
segment of State Street between 16th Street and Baseline Street in approximately 2020.
This new segment of roadway will be designed to be a 100 foot -wide, with four lanes of
travel, sidewalks, and curbs and gutters in accordance with State Street’s designation as
a Major Arterial, in the City’s General Plan. The Phase 1 segment between 16th Street
and Baseline Street is part of the City’s long-term phased plan to extend State Street
from its present terminus at 16th Street to approximately 1.5 miles southerly to intersect
with 5th Street.
Finding: The City of San Bernardino’s decision to implement this proposed project is a
discretionary decision or “project” that requires evaluation und er the California
Environmental Quality Act (CEQA). Based on the information in the project Initial Study,
District has made a determination that a Mitigated Negative Declaration is be the
appropriate environmental determination for this project to comply with CEQA.
Initial Study: The Initial Study/Mitigated Negative Declaration was distributed for public review on
September 17, 2019 through the State Clearinghouse initiating a 30-day public review
period that ended on October 16, 2019. The document was also made available at the
Norman F Feldhym Library, 555 W. 6th Street, the San Bernardino and at City of San
Bernardino’s office and on-line on the City’s website.
Mitigation Measures: All mitigation measures identified in the Initial Study/Mitigated Negative Declaration are
summarized and are proposed for adoption as conditions of the project. These measures
will be implemented through a Mitigation Monitoring and Reporting Program as part of the
adoption of the Mitigated Negative Declaration/Initial Study.
Signature Title Date
8.b
Packet Pg. 137 Attachment: PW.Adopt Mitigated Negative Declaration State street.01A. Exhibit A. MND State Street (6827 : Resolution Approving Mitigated
Exhibit “B”
CITY OF SAN BERNARDINO
PHASE 1 OF THE STATE STREET EXTENSION (4 LANES)
MITIGATION MONITORING AND REPORTING PROGRAM
MMRP Table, Page 1
This Environmental Mitigation Monitoring and Reporting Program has been prepared pursuant to Section 21081.6 of the Californi a Environmental Quality Act, known as
CEQA (Public Resources Code Section 21000 et seq.), to provide for the monitoring of mitigati on measures required of the Phase 1 of the State Street Extension (4 Lanes)
(Project), as set forth in the Final Initial Study/Mitigated Negative Declaration prepared for the Project. This report will be kept on file in the offices of the Community
Development Department of the City of San Bernardino (City).
MITIGATION MEASURE IMPLEMENTATION
SCHEDULE
RESPONSIBLE
PARTY VERIFICATION STATUS / DATE /
INITIALS
AIR QUALITY
AIR-1 The contractor shall adhere to applicable
measures contained in Table 1 of Rule 403
including, but not limited to:
All clearing, grading, earth-moving, or
excavation activities shall cease when winds
exceed 25 mph per SCAQMD guidelines in
order to limit fugitive dust emissions.
The contractor shall ensure that all disturbed
unpaved roads and disturbed areas within the
Project are watered at least three times daily
during dry weather. Watering, with complete
coverage of disturbed areas, shall occur at
least three times a day, preferably in the mid-
morning, afternoon, and after work is done for
the day.
The contractor shall ensure that traffic speeds
on unpaved roads and Project site areas are
limited to 15 miles per hour or less.
During Construction
City/Contractor
The City shall ensure the
Contractor understands these
conditions through its
construction contract or
employee training. Verification
of implementation shall be
based on field inspections by
City inspection personnel that
verify the measure is being
implemented during
construction. Field notes
documenting verification shall
be retained in the project file.
8.c
Packet Pg. 138 Attachment: PW.Adopt Mitigate dNegative Declaration State Street.01B.Exhibit B. MMRP State Street
Exhibit “B”
CITY OF SAN BERNARDINO
PHASE 1 OF THE STATE STREET EXTENSION (4 LANES)
MITIGATION MONITORING AND REPORTING PROGRAM
MMRP Table, Page 2
MITIGATION MEASURE IMPLEMENTATION
SCHEDULE
RESPONSIBLE
PARTY VERIFICATION STATUS / DATE /
INITIALS
AIR-2 The following measures shall be incorporated
into Project plans and specifications as
implementation of SCAQMD Rule 1113:
Only “Low-Volatile Organic
Compounds” paints (no more than 50
gram/liter of VOC) consistent with
SCAQMD Rule 1113 shall be used.
During Construction
City/Contractor
The City shall ensure the
Contractor understands these
conditions through its
construction contract or
employee training. Verification
of implementation shall be
based on field inspections by
City inspection personnel that
verify the measure is being
implemented during
construction. Field notes
documenting verification shall
be retained in the project file.
BIOLOGICAL RESOURCES
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Packet Pg. 139 Attachment: PW.Adopt Mitigate dNegative Declaration State Street.01B.Exhibit B. MMRP State Street
Exhibit “B”
CITY OF SAN BERNARDINO
PHASE 1 OF THE STATE STREET EXTENSION (4 LANES)
MITIGATION MONITORING AND REPORTING PROGRAM
MMRP Table, Page 3
MITIGATION MEASURE IMPLEMENTATION
SCHEDULE
RESPONSIBLE
PARTY VERIFICATION STATUS / DATE /
INITIALS
BIO-1 Prior to construction, a 30-day pre-construction
survey be conducted to confirm that BUOW are
still absent.
At least 30 days prior to
construction.
City/Contractor
The biologist shall submit a
report of survey findings for
each survey conducted and a
copy of the survey findings
shall be retained in the project
file.
BIO-1 Bird nesting season generally extends from
February 1 through September 15 in southern
California and specifically, April 15 through
August 31 for migratory passerine birds. To
avoid impacts to nesting birds (common and
special status) during the nesting season
(February 1 through September 15), a qualified
Avian Biologist will conduct pre‐construction
Nesting Bird Surveys (NBS) at least five days
prior to project‐related disturbance to nestable
vegetation to identify any active nests. If no
active nests are found, no further action will be
required. If an active nest is found, the biologist
will set appropriate no‐work buffers around the
nest which will be based upon the nesting
species, its sensitivity to disturbance, nesting
stage and expected types, intensity and duration
of disturbance. The nests and buffer zones shall
be field checked weekly by a qualified
biological monitor. The approved no‐work
Avian and general wildlife
surveys shall be conducted
within 3 days prior to
initiating construction at any
location not within an
existing paved or graded
right-of-way.
City/Contractor
The biologist shall submit a
report of survey findings for
each survey conducted and a
copy of the survey findings
shall be retained in the project
file.
8.c
Packet Pg. 140 Attachment: PW.Adopt Mitigate dNegative Declaration State Street.01B.Exhibit B. MMRP State Street
Exhibit “B”
CITY OF SAN BERNARDINO
PHASE 1 OF THE STATE STREET EXTENSION (4 LANES)
MITIGATION MONITORING AND REPORTING PROGRAM
MMRP Table, Page 4
MITIGATION MEASURE IMPLEMENTATION
SCHEDULE
RESPONSIBLE
PARTY VERIFICATION STATUS / DATE /
INITIALS
buffer zone shall be clearly marked in the field,
within which no disturbance activity shall
commence until the qualified biologist has
determined the young birds have successfully
fledged and the nest is inactive.
CULTURAL RESOURCES
CUL-1 In the event that pre-contact cultural resources
are discovered during project activities, all work
in the immediate vicinity of the find (within a
60-foot buffer) shall cease and a qualified
archaeologist meeting Secretary of Interior
standards shall be hired to assess the find. Work
on the other portions of the project outside of
the buffered area may continue during this
assessment period. Additionally, the San
Manuel Band of Mission Indians Cultural
Resources Department (SMBMI), and any other
affiliated Tribes, as decided by the Lead
Agency, shall be contacted, as detailed within
Mitigation Measure TCR-1, if any such find
occurs and be provided information after the
archaeologist makes his/her initial assessment of
the nature of the find, so as to provide Tribal
input with regards to significance and treatment.
Prior to Construction and
During Construction
City/Contractor
The City shall ensure the
Contractor understands these
conditions through its
construction contract or
employee training. Verification
of implementation shall be
based on field inspections by
CSD inspection personnel that
verify the measure is being
implemented during
construction. Field notes
documenting verification shall
be retained in the project file.
8.c
Packet Pg. 141 Attachment: PW.Adopt Mitigate dNegative Declaration State Street.01B.Exhibit B. MMRP State Street
Exhibit “B”
CITY OF SAN BERNARDINO
PHASE 1 OF THE STATE STREET EXTENSION (4 LANES)
MITIGATION MONITORING AND REPORTING PROGRAM
MMRP Table, Page 5
MITIGATION MEASURE IMPLEMENTATION
SCHEDULE
RESPONSIBLE
PARTY VERIFICATION STATUS / DATE /
INITIALS
CUL-2 If significant cultural resources, as defined by
CEQA (as amended, 2015), are discovered and
avoidance cannot be ensured, the archaeologist
shall develop a Monitoring and Treatment Plan,
the drafts of which shall be provided to SMBMI
for review and comment, but not precluding
other tribes as the Most Likely Descendent, as
detailed within Mitigation Measure TCR-1. The
archaeologist shall monitor the remainder of the
project and implement the Plan accordingly.
During Construction City/Contractor The City shall ensure the
Contractor understands these
conditions through its
construction contract or
employee training. Verification
of implementation shall be
based on field inspections by
CSD inspection personnel that
verify the measure is being
implemented during
construction. Field notes
documenting verification shall
be retained in the project file.
CUL-3 If human remains or funerary objects are
encountered during any activities associated
with the project, work in the immediate vicinity
(within a 100-foot buffer of the find) shall cease
and the County Coroner shall be contacted
pursuant to State Health and Safety Code
§7050.5 and Public Resources Code Section
5097.98, and enforced for the duration of the
project. These code provisions require
notification of the County Coroner and the
Native American Heritage Commission, who in
turn must notify those persons believed to be
most likely descended from the deceased Native
American, the Most Likely Descendant (MLD),
for appropriate disposition of the remains.
During Construction
City/Contractor
The City shall ensure the
Contractor understands these
conditions through its
construction contract or
employee training. Verification
of implementation shall be
based on field inspections by
CSD inspection personnel that
verify the measure is being
implemented during
construction. Field notes
documenting verification shall
be retained in the project file.
8.c
Packet Pg. 142 Attachment: PW.Adopt Mitigate dNegative Declaration State Street.01B.Exhibit B. MMRP State Street
Exhibit “B”
CITY OF SAN BERNARDINO
PHASE 1 OF THE STATE STREET EXTENSION (4 LANES)
MITIGATION MONITORING AND REPORTING PROGRAM
MMRP Table, Page 6
MITIGATION MEASURE IMPLEMENTATION
SCHEDULE
RESPONSIBLE
PARTY VERIFICATION STATUS / DATE /
INITIALS
Excavation or disturbance may continue in
other areas of the project site that are not
reasonably suspected to overlie adjacent
remains or archaeological resources.
GEOLOGY AND SOILS
GEO-1 Paleontological Resources. Any substantial
excavations (i.e. over 5 feet in depth) in the
proposed Project area should be monitored
closely to quickly and professionally recover
any fossil remains discovered while not
impeding development. Also, sediment samples
should be collected and processed to determine
the small fossil potential in the proposed Project
area. Any fossils recovered during mitigation
should be deposited in an accredited and
permanent scientific institution for the benefit of
current and future generations.
During Construction
City/Contractor
The City shall ensure the
Contractor understands these
conditions through its
construction contract or
employee training. Verification
of implementation shall be
based on field inspections by
City inspection personnel that
verify the measure is being
implemented during
construction. Field notes
documenting verification shall
be retained in the project file.
HAZARDS AND HAZARDOUS MATERIALS
HAZ – 1 All asphalt requiring removal from the Project
Site shall be disposed of in accordance with
current regulatory standards.
During Construction
City/Contractor
Verification of implementation
shall be based on field
inspections by City inspection
personnel that verify the
measure is being implemented
8.c
Packet Pg. 143 Attachment: PW.Adopt Mitigate dNegative Declaration State Street.01B.Exhibit B. MMRP State Street
Exhibit “B”
CITY OF SAN BERNARDINO
PHASE 1 OF THE STATE STREET EXTENSION (4 LANES)
MITIGATION MONITORING AND REPORTING PROGRAM
MMRP Table, Page 7
MITIGATION MEASURE IMPLEMENTATION
SCHEDULE
RESPONSIBLE
PARTY VERIFICATION STATUS / DATE /
INITIALS
during construction. Field notes
documenting verification shall
be retained in the project file.
HAZ – 2 A hazardous spill prevention plan shall be
prepared by the Applicant and submitted to the
City for approval to minimize the likelihood of
a spill shall be prepared prior to construction.
The plan shall state the actions that would be
required if a spill occurs to prevent
contamination of surface waters and provide for
cleanup of the spill. The plan shall follow
Federal, state, and local safety guidelines and
standards to avoid increased exposure to these
pollutants.
During Construction
City/Contractor
Verification of implementation
shall be based on field
inspections by City inspection
personnel that verify the
measure is being implemented
during construction. Field notes
documenting verification shall
be retained in the project file.
HAZ – 3 If a contaminated area is encountered during
construction, construction shall cease in the
vicinity of the contaminated area. The
construction contractor shall notify all
appropriate authorities, including the EPA and
the City. If necessary, the contaminated site
shall be remediated to minimize the potential
for exposure of the public and to allow the
Project to be safety constructed.
During Construction
City/Contractor
Verification of implementation
shall be based on field
inspections by City inspection
personnel that verify the
measure is being implemented
during construction. Field notes
documenting verification shall
be retained in the project file.
HYDROLOGY
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Packet Pg. 144 Attachment: PW.Adopt Mitigate dNegative Declaration State Street.01B.Exhibit B. MMRP State Street
Exhibit “B”
CITY OF SAN BERNARDINO
PHASE 1 OF THE STATE STREET EXTENSION (4 LANES)
MITIGATION MONITORING AND REPORTING PROGRAM
MMRP Table, Page 8
MITIGATION MEASURE IMPLEMENTATION
SCHEDULE
RESPONSIBLE
PARTY VERIFICATION STATUS / DATE /
INITIALS
HYD-1 Prepare and Implement Storm Water
Pollution Prevention Plan (SWPPP). Prior to
issuance of any Grading Permit, and as part of
the future development’s compliance with the
NPDES requirements, a Notice of Intent shall
be prepared and submitted to the Santa Ana
Regional Water Quality Control Board
(RWQCB) providing notification and intent to
comply with the State of California General
Construction Permit. Also, a SWPPP shall be
reviewed and approved by the Director of
Public Works and the City Engineer for water
quality construction activities on-site. A copy of
the SWPPP shall be available and implemented
at the construction site at all times. The SWPPP
shall outline the source control and/or treatment
control BMPs to avoid or mitigate runoff
pollutants at the construction site to the
“maximum extent practicable.” All
recommendations in the Plan shall be
implemented during area
demolition/preparation, grading, and
construction. The Project shall comply with
each of the recommendations detailed in the
Plan, and other such measure(s) as the City
deems necessary to mitigate potential storm
water runoff impacts.
At least 30 days prior to
construction.
City/Contractor
Verification of implementation
shall be based on field
inspections by City inspection
personnel that verify the
measure is being implemented
during construction. Field notes
documenting verification shall
be retained in the project file.
8.c
Packet Pg. 145 Attachment: PW.Adopt Mitigate dNegative Declaration State Street.01B.Exhibit B. MMRP State Street
Exhibit “B”
CITY OF SAN BERNARDINO
PHASE 1 OF THE STATE STREET EXTENSION (4 LANES)
MITIGATION MONITORING AND REPORTING PROGRAM
MMRP Table, Page 9
MITIGATION MEASURE IMPLEMENTATION
SCHEDULE
RESPONSIBLE
PARTY VERIFICATION STATUS / DATE /
INITIALS
NOISE
NOI-1 During all Project site construction, the
construction contractors shall equip all
construction equipment, fixed or mobile, with
properly operating and maintained mufflers,
consistent with manufacturers’ standards. The
construction contractor shall place all stationary
construction equipment so that emitted noise is
directed away from the noise sensitive receptors
nearest the Project site.
During Construction
City/Contractor
Verification of implementation
shall be based on field
inspections by City inspection
personnel that verify the
measure is being implemented
during construction. Field notes
documenting verification shall
be retained in the project file.
NOI-2 The construction contractor shall locate
equipment staging in areas that will create the
greatest distance between construction-related
noise sources and noise-sensitive receivers
nearest the Project site during all Project
construction (i.e., to the center).
During Construction
City/Contractor
Verification of implementation
shall be based on field
inspections by City inspection
personnel that verify the
measure is being implemented
during construction. Field notes
documenting verification shall
be retained in the project file.
NOI-3 The contractor shall design delivery routes to
minimize the exposure of sensitive land uses or
residential dwellings to delivery truck-related
noise.
During Construction
City/Contractor
The City shall ensure the
Contractor understands these
conditions through its
construction contract or
employee training. Verification
8.c
Packet Pg. 146 Attachment: PW.Adopt Mitigate dNegative Declaration State Street.01B.Exhibit B. MMRP State Street
Exhibit “B”
CITY OF SAN BERNARDINO
PHASE 1 OF THE STATE STREET EXTENSION (4 LANES)
MITIGATION MONITORING AND REPORTING PROGRAM
MMRP Table, Page 10
MITIGATION MEASURE IMPLEMENTATION
SCHEDULE
RESPONSIBLE
PARTY VERIFICATION STATUS / DATE /
INITIALS
of implementation shall be
based on field inspections by
City inspection personnel that
verify the measure is being
implemented during
construction. Field notes
documenting verification shall
be retained in the project file.
TRAFFIC
TRA-1 Conduct a traffic analysis every 10 years, until
Project build-out, at the key intersections that
were the subject of the Project TIA to refine
growth rates and actual traffic congestion.
Implement modifications to the roadways and
signals as necessary to maintain adequate levels
of service.
Beginning 1 year after
construction, and every 10
years after.
City
Traffic study completion and
on-going traffic evaluations.
TRIBAL CULTURAL RESOURCES
TCR-1 The San Manuel Band of Mission Indians
Cultural Resources Department (SMBMI) shall
be contacted, as detailed in CR-1, of any pre-
contact cultural resources discovered during
project implementation, and be provided
information regarding the nature of the find, so
as to provide Tribal input with regards to
During Construction
City/Contractor
The City shall ensure the
Contractor understands these
conditions through its
construction contract or
employee training. Verification
of implementation shall be
based on field inspections by
8.c
Packet Pg. 147 Attachment: PW.Adopt Mitigate dNegative Declaration State Street.01B.Exhibit B. MMRP State Street
Exhibit “B”
CITY OF SAN BERNARDINO
PHASE 1 OF THE STATE STREET EXTENSION (4 LANES)
MITIGATION MONITORING AND REPORTING PROGRAM
MMRP Table, Page 11
MITIGATION MEASURE IMPLEMENTATION
SCHEDULE
RESPONSIBLE
PARTY VERIFICATION STATUS / DATE /
INITIALS
significance and treatment. Should the find be
deemed significant, as defined by CEQA (as
amended, 2015), a cultural resources
Monitoring and Treatment Plan shall be created
by the archaeologist, in coordination with
SMBMI, and all subsequent finds shall be
subject to this Plan. This Plan shall allow for a
monitor to be present that represents SMBMI
for the remainder of the project, should SMBMI
elect to place a monitor on-site. This mitigation
measure does not preclude notification to other
tribes or treatment plans in accordance with
other tribal entities.
City inspection personnel that
verify the measure is being
implemented during
construction. Field notes
documenting verification shall
be retained in the project file.
TCR-2 Any and all archaeological/cultural documents
created as a part of the project (isolate records,
site records, survey reports, testing reports, etc.)
shall be supplied to the applicant and Lead
Agency for dissemination to SMBMI. The Lead
Agency and/or applicant shall, in good faith,
consult with SMBMI, and other tribes as
applicable, throughout the life of the project.
During Construction
City/Contractor
The City shall ensure the
Contractor understands these
conditions through its
construction contract or
employee training. Verification
of implementation shall be
based on field inspections by
CSD inspection personnel that
verify the measure is being
implemented during
construction. Field notes
documenting verification shall
be retained in the project file.
8.c
Packet Pg. 148 Attachment: PW.Adopt Mitigate dNegative Declaration State Street.01B.Exhibit B. MMRP State Street
Exhibit “B”
CITY OF SAN BERNARDINO
PHASE 1 OF THE STATE STREET EXTENSION (4 LANES)
MITIGATION MONITORING AND REPORTING PROGRAM
MMRP Table, Page 12
MITIGATION MEASURE IMPLEMENTATION
SCHEDULE
RESPONSIBLE
PARTY VERIFICATION STATUS / DATE /
INITIALS
WILDFIRE
FIRE-1 During construction, all staging areas, welding
areas, or areas slated for construction using
spark-producing equipment will be cleared of
dried vegetation or other material that could
ignite. Spark arresting equipment shall be in
good working order. The City of San
Bernardino and/or its contractor shall require all
vehicles and crews working at the project site to
have access to functional fire extinguishers at
all times. In addition, construction crews are
required to have a spotter during welding
activities to look out for potentially dangerous
situations, including accidental sparks. The
contractor also shall provide a safety plan for
the implementation of additional protocols
when the National Weather Service issues a Red
Flag Warning. Such protocols should address
smoking and fire rules, storage and parking
areas, use of gasoline-powered tools, use of
spark arresters on construction equipment, road
closures, use of a fire guard, fire suppression
tools, fire suppression equipment, and training
requirements.
During Construction
City/Contractor
The City shall ensure the
Contractor understands these
conditions through its
construction contract or
employee training. Verification
of implementation shall be
based on field inspections by
City inspection personnel that
verify the measure is being
implemented during
construction. Field notes
documenting verification shall
be retained in the project file.
8.c
Packet Pg. 149 Attachment: PW.Adopt Mitigate dNegative Declaration State Street.01B.Exhibit B. MMRP State Street
LOCATION MAP
State Street Extension
Phase 1
8.d
Packet Pg. 150 Attachment: PW.Adopt Mitigated Negative Declaration State street.02-Attachment 2-docx (6827 : Resolution Approving Mitigated Negative
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: September 2, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Kris Jensen, Director of Public Works
Subject: Resolution Approving the Second Amendment to the PSA with
Engineering Resources
Recommendation
Adopt Resolution No. 2020-214 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to execute the Second Amendment
to Professional Services Agreement ("Second Amendment") with Engineering
Resources of Southern California, Inc. (ERSC) in the amount of $6 ,048, for a total
contract compensation amount of $235,262, to perform services for State Street
Extension Phase 1 ("Project"); and approving the carryover of project budgets and open
purchase orders from FY 2019/20 into FY 2020/21 to support the ongoing work .
Background
On December 5, 2018, the Mayor and City Council adopted Resolution 2018 -310
approving a Professional Services Agreement ("Agreement") with Engineering
Resources of Southern California (ESRC) to provide environmental and civil
engineering design services for the State Street Extension Phase 1 between Baseline
Street and 16th Street (SS04-009) ("Project"). The Project consists of the extension of
State Street, south of 16th Street, to be connected to Baseline Street. The extension of
State Street will provide four traffic lanes, a raised center median, sidewalk, curb &
gutter, access ramps, signage, striping and street lights. The existing three leg traffic
signal at Baseline Street will be modified to add a fourth leg on the north side of
Baseline Street to accommodate the State Street extension.
Discussion
The original scope of work for ESRC was to provide environm ental review for the
Project. During performance of environmental permit review, it was determined that the
project site fell within a federally designated critical habitat for the San Bernardino
Kangaroo Rat (SBKR) and required that a presence-absence survey be conducted to
rule out the presence of SBKR. This type of survey had previously been conducted in
2016 while preparing the environmental documents. No SBKR were found present at
the time. A more recent biological assessment of the site by ERSC also provided data
indicating the site lacks the environmental elements do not exist at the location.
Despite the results of the 2016 survey and more recent data provide by ERSC, the
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6877
Page 2
California Department of Fish and Wildlife (CDFW) is requesting that an updat ed SBKR
survey be performed prior to CDFW providing determinations required for the project.
The proposed Second Amendment adds the survey scope to the Agreement to conduct
a presence-absence survey for SBKR under Jericho’s Shay Lawrey’s 10(a) Recovery
Permit (TE-094308-4). Five-consecutive night trapping surveys are to be performed,
pursuant to the United State Fish and Wild Service (USFWS) protocol. At the conclusion
of the trapping event, and if the result is negative (showing no SBKR exist in the ar ea),
no further action is required. However, if the survey is positive and therefore indicates
the existence of SBKR, a separate work plan will be need to developed and
implemented.
Staff has negotiated with ERSC to conduct a new SBKR presence -absence survey for a
service cost of $6,048. The Second Amendment to Professional Services Agreement
with ESRC updates the total agreement compensation amount to $235,262, and
incorporates the SBKR survey into the scope of work. Staff is also requesting that the
Mayor and City Council approve the carryover of the full balance of State Street
Extension Project budgets and roll over existing purchase orders into FY 2020/21 to
support the ongoing work.
2020-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No. 1d: Minimize risk and litigation exposure.
This project will contribute to enhanced traffic flow and will reduce risks associated with
roadway congestion within the project area.
Fiscal Impact
No General Fund impact. Funding for S tate Street Extension Phase 1 Project was
previously approved in the FY 2020/21 Capital Improvement Plan (CIP). Budget in the
amount $1,713,062 remains available in Fund No. 246 -160-7245-5504 and is being
requested to be carried forward into FY 2020/21.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-214, authorizing the City Manager to execute the
Second Amendment to Professional Services Agreement ("Second Amendment") with
Engineering Resources of Southern California, Inc. (ERSC) in the amount of $6,048, for
a total contract compensation amount of $235,262, to perform services for State Street
Extension Phase 1 ("Project"); and approving the carryover of project budgets and open
purchase orders from FY 2019/20 into FY 2020/21 to support the ongoing work .
Attachments
Attachment 1 Resolution 2020-214; Exhibit “A” - Second Amendment to
Professional Services Agreement
Attachment 2 Fee Proposal from ERSC dated August 7, 2020
Attachment 3 Location Map.
Wards: 1, 6
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6877
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Synopsis of Previous Council Actions:
June 20, 2018 Resolution No. 2018-189 adopted the City’s final budget document
for Fiscal Year 2018/2019.
December 5, 2018 Resolution 2018-310 adopted Agreement with Engineering
Resources of Southern California, Inc. to provide Environmental
Clearance under the California Environmental Quality Act (CEQA)
and preparation of Plans Specifications and Estimate (PS&E) for
State Street Extension Phase 1 between Baseline Street and 16 th
Street (SS04-009).
December 4, 2019 Resolution 2019-347 adopted First Amendment to the Professional
Services Agreement with Engineering Resources of Southern
California, Inc.
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Packet Pg. 153
RESOLUTION NO. 2020-214
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE
THE SECOND AMENDMENT TO PROFESSIONAL
SERVICE AGREEMENT WITH ENGINEERING
RESOURCES OF SOUTHERN CALIFORNIA, INC. (ERSC)
IN THE AMOUNT OF $6,048 FOR A TOTAL CONTRACT
COMPENSATION AMOUNT OF $235,262 TO PERFORM
SERVICES FOR THE STATE STREET EXTENSION
PHASE 1 (“PROJECT”); AND APPROVING THE CARRY
OVER OF ALL REMAINING PROJECT BUDGETS FROM
FY 2019/20 TO FY 2020/21
WHEREAS, the Mayor and City Council adopted Resolution No. 2018-310 approving
an Agreement with ERSC in the amount of $204,533 to provide environmental and civil
engineering design services for the State Street Extension Phase 1(“Project”) between Baseline
Street and 16th Street. (SS04-009); and
WHEREAS, the Mayor and City Council adopted Resolution No. 2019-347 approving
the First Amendment to agreement with ERSC to provide additional design changes due to
traffic signal modification in the amount of $24,681; and
WHEREAS, the City now desires to amend the Agreement with ERSC to include
additional services to conduct an updated San Bernardino Kangaroo Rat (SBKR) presence-
absence survey for the Project as requested by the California Department of Fish and Wildlife;
and
WHEREAS, staff has negotiated with ESRC to perform the additional survey for a cost
of $6,048; and
WHEREAS, the City now wishes to amend the original Professional Services
Agreement with ERSC to incorporate these additional environmental services and related costs.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager or her designee is hereby authorized to execute the
Second Amendment to Professional Services Agreement with Engineering Resources of
Southern California, Inc., (ERSC) in the amount of $6,048 for a total Agreement amount of
$235,262, a copy of which is attached as Exhibit “A” and incorporated herein.
9.a
Packet Pg. 154 Attachment: PW. ERSC State Estension Amend 2.01.Resolution.Attachment 1 [Revision 1] (6877 : Resolution Approving the Second
Resolution No. 2020-214
SECTION 3. The Director of Finance is hereby authorized to record any necessary
budget adjustments to carry forward the balance of prior fiscal year State Street Extension
Project budgets into FY 2020/21.
SECTION 4. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________, 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
9.a
Packet Pg. 155 Attachment: PW. ERSC State Estension Amend 2.01.Resolution.Attachment 1 [Revision 1] (6877 : Resolution Approving the Second
Resolution No. 2020-214
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, City Clerk
9.a
Packet Pg. 156 Attachment: PW. ERSC State Estension Amend 2.01.Resolution.Attachment 1 [Revision 1] (6877 : Resolution Approving the Second
SECOND AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND ENGINEERING RESOURCES OF
SOUTHERN CALIFORNIA, INC.
This Second Amendment is entered this September 2, 2020 (the “Second Amendment”) by and
between the City of San Bernardino, a charter city and municipal corporation (“City”), and
Engineering Resources of Southern California, Inc. (“Contractor,” and together with City, the
“Parties,” and each, a “Party”).
WHEREAS, on December 5, 2018, the City Council approved an Agreement to provide
professional engineering services to provide environmental and civil engineering services for
State Street Extension Phase 1 between Baseline Street and 16th Street. (SS04-009) (the
“Existing Agreement”); and
WHEREAS, on December 4, 2019, the City Council approved the First Amendment to
the Existing Agreement; and
WHEREAS, the Parties now desire to amend the Existing Agreement to increase the
contract amount on the terms and subject to the conditions set forth herein; and
WHEREAS, pursuant to Section 12.12 of the Existing Agreement, the amendment
contemplated by the Parties must be contained in a written agreement.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as
follows:
1. The above recitals are true and correct and are incorporated herein by this reference.
2. Definitions. Capitalized terms used and not defined in this Amendment have the
respective meanings assigned to them in the Existing Agreement.
3. Amendments to the Existing Agreement. Section 4(b) of the Existing Agreement is
amended to read in its entirety as follows:
“b. In no event shall the total amount paid for services rendered by Consultant under
this Agreement exceed the sum of $235,262. This amount is to cover all related costs, and
the City will not pay any additional fees for printing expenses. Consultant may submit
invoices to City for approval. Said invoice shall be based on the total of all Consultants’
services which have been completed to City's sole satisfaction. City shall pay Consultant's
invoice within forty" five (45) days from the date City receives said invoice. The invoice
shall describe in detail the services performed and the associated time for completion. Any
additional services approved and performed pursuant to this Agreement shall be
designated as "Additional Services" and shall identify the number of the authorized
change order, where applicable, on all invoices.”
9.b
Packet Pg. 157 Attachment: PW.ERSC State St. extension Amend 2.01A. Amendment. Attachment 1. Exhibit A (6877 : Resolution Approving the Second
4. Scope of Work. The Scope of Work of the Existing Agreement is hereby increased to
require Consultant to conduct an additional San Bernardino Kangaroo Rat presence-absence
survey as required by California Department of Fish and Wildlife.
5. Date of Effectiveness; Limited Effect. This Amendment will become effective as of the
date fully executed by the Parties (the “Effective Date”). Except as expressly provided in this
Amendment, all of the terms and provisions of the Existing Agreement are and will remain in
full force and effect and are hereby ratified and confirmed by the Parties. Without limiting the
generality of the foregoing, the amendments contained herein will not be construed as an
amendment to or waiver of any other provision of the Existing Agreement or as a waiver of or
consent to any further or future action on the part of either Party that would require the waiver or
consent of the other Party. On and after the Effective Date, each reference in the Existing
Agreement to “this Agreement,” “the Agreement,” “hereunder,” “hereof,” “herein,” or words of
like import will mean and be a reference to the Existing Agreement as amended by the First
Amendment and this Second Amendment.
IN WITNESS WHEREOF, this Second Amendment is executed by City and Contractor
acting by and through their authorized officers.
CITY OF SAN BERNARDINO: Engineering Resources of Southern
California, Inc.:
Date: _____ / _____ / 2020 Date: _____ / _____ / 2020
_________________________________ By: ________________________________
Teri Ledoux, City Manager
Its: ________________________________
APPROVED AS TO FORM:
Sonia Carvalho, City Attorney
By: ______________________________
9.b
Packet Pg. 158 Attachment: PW.ERSC State St. extension Amend 2.01A. Amendment. Attachment 1. Exhibit A (6877 : Resolution Approving the Second
Page | 1
REDLANDS | TEMECULA | PALM DESERT
1861 W. Redlands Blvd., Redlands, CA 92373
T: (909) 890-1255 | F: (909) 890-0995 | erscinc.com
00015014
August 7, 2020
Mr. Alex Qishta, P.E.
Deputy Public Works Director/City Engineer
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
REQUEST FOR AMENDMENT NO. 2 – Project SS04-009 – State Street Extension
Phase I
Dear Mr. Qishta:
ERSC would like to thank you again for the opportunity to provide professional engineering
services to the City of San Bernardino on this important project.
During the review of the Section 408 Application and through correspondence with San
Bernardino County Flood Control District, project’s location being within the federally
designated critical habitat for the federally endangered San Bernardino Kangaroo Rat
(SBKR). The California Department of Fish and Wildlife has also proposed to list the SBKR
as endangered under the State’s Endangered Species Act.
The site was previously trapped for SBKR in 2016, and no SBKR were found. As part of the
Initial Study preparation for the Project, our team conducted a biological resources
assessment and identified that the area no longer contains the constituent elements
necessary to support SBKR.
Despite our efforts, CDFW has requested a current survey prior to rendering a determination.
Pursuant to both State and Federal regulation, if there are no SBKR found during a protocol
trapping effort, no further consultation is required.
A scope of services is attached as Exhibit “A” and a detailed breakdown of the fees and charges
associated with the completion is attached as Exhibit “B.”
If you have question regarding this proposal, please give me a call at (909) 890-1255.
Respectfully yours,
Steven Latino, P.E., T.E., MBA
Director of Engineering
9.c
Packet Pg. 159 Attachment: PW.ERSC State St. Extension Amend 2.02. Fee Proposal.Attachment 3 (6877 : Resolution Approving the Second Amendment to
Page | 2
EXHIBIT “A”
SCOPE OF SERVICES
Task A4.1 – SBKR Trapping
ERSCs team will conduct a presence-absence survey for SBKR under Jericho’s Shay Lawrey’s -
10(a) Recovery Permit (TE-094308-4). The five-consecutive night trapping surveys, pursuant to
the USFWS protocol, would begin approximately 15 days after a letter of intent to survey has
been submitted to the USFWS.
Trapping is contingent on good weather conditions with overnight low forecasts above 50 degrees
F and no rain in the forecast.
At the conclusion of the trapping event, a letter report will be addressed and submitted to the
USFWS as required by law. We will also submit a copy to the CDFW.
ERSCs team will also follow-up with the CDFW and the USFWS with the results of the study, as
well as provide information to the Flood Control District and to the City as to if further consultation
is required.
For this proposal, ERSC assumes the results of the trapping in 2020 will be negative. As such,
no further consultation with the agencies will be required. Should SBKR be found, ERSC will
provide a separate scope of work and cost for consultation.
9.c
Packet Pg. 160 Attachment: PW.ERSC State St. Extension Amend 2.02. Fee Proposal.Attachment 3 (6877 : Resolution Approving the Second Amendment to
Page | 3
EXHIBIT “B”
FEE ESTIMATE
9.c
Packet Pg. 161 Attachment: PW.ERSC State St. Extension Amend 2.02. Fee Proposal.Attachment 3 (6877 : Resolution Approving the Second Amendment to
DESCRIPTIONProject Manager - Steven Latino, PE, MBAEngineer V -Reza Toorzani, P.E.Project Engineers - Ben Booth, EITAdministrative SupportERSC SUBTOTALEnviornmental - Jericho Systems, Inc.Traffic Counts -Counts UnlimitedTitle Reports - First American TitleSUBCONSULTANT SUBTOTALTOTAL $180 $134 $92 $61A4.0A4.1San Bernardino Kangaroo Rat Trapping1 4 548.00$ 5,500.00$ -$ -$ 5,500.00$ 6,048.00$ SUBTOTAL180.00$ -$ 368.00$ -$ 548.00$ 5,500.00$ -$ -$ 5,500.00$ 6,048.00$ 204,533$ 24,681$ 6,048$ 235,262.00$ FEE ESTIMATE SCHEDULE City of San BernardinoAmdendment No. 2Phase 1 of the State Street ExtensionPROJECT TOTALTASK NO. Amendment No. 2Original ContractAmendment No. 1Amendment No. 29.cPacket Pg. 162Attachment: PW.ERSC State St. Extension Amend 2.02. Fee Proposal.Attachment 3 (6877 : Resolution Approving the Second Amendment to the
LOCATION MAP
State Street Extension
Phase 1
9.d
Packet Pg. 163 Attachment: PW.ERSC State St. Extension Amend 2.03. Location Map. Attachment 2 (6877 : Resolution Approving the Second Amendment to
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: September 2, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Kris Jensen, Director of Public Works
Subject: Resolution Declaring Intent to Conduct Public Hearing to
Order Alley Vacation East of Scenic Dr
Recommendation
Adopt Resolution 2020-215 of the Mayor and City Council of the City of San Bernardino,
California, declaring its intent to conduct a public hearing to order th e vacation of an
alley, east of Scenic Drive, and approximately 200 feet south of Inland Center Drive.
Background
Streets and Highways Code (SHC) section 8312 gives a city legislative body the power
to vacate all or part of an alley and sets forth the procedures by which the power to
vacate may be executed. The requested street vacation would be conducted under the
General Vacation Procedures outlined in SHC sections 8320 through 8325. First, a
legislative body may initiate proceedings either on its own initiative or upon a petition or
request of an interested person or persons. The initiation of proceedings starts with
fixing the date, hour and place of the hearing, followed by publishing and posting of
notices prior to the hearing. After the hearing, if the legislative body finds that the street
described in the notice of hearing or petition is unnecessary for present or prospective
public use, the legislative body may adopt a resolution vacating the street. The street
vacation is then recorded with the County Recorder’s office.
In August, 2015, the City received a petition to vacate an alley east of Scenic Drive and
approximately 200 feet south of Inland Center Drive. The properties abutting the alley
are owned by one owner, who has submitted plans to construct a service station on his
properties. In order for the project to commence, an alley vacation is required to
complete the proposed development.
On July 15, 2020, the Mayor and City Council authorized staff to proceed with an
investigation and analysis as required by SHC to vacate the alley. On July 16, 2020,
notices were sent out to City Departments, San Bernardino County Fire, utility
providers, including the Water Department, and residents within 500’ of the property
informing them of the proposed alley vacation. Staff has received no comments from
stakeholder who were notified.
On August 18, 2020, the Planning Commission adopted Resolution 2020 -035PC
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forwarding a recommendation of approval to the Mayor and City Council for the Real
Property Alley Vacation 15.30-434 and the reservation of utilities therein, and finding
that the project is Categorically Exempt under the California Environmental Quality Act.
Discussion
If adopted, the Resolution of Intention will set the date, time and pla ce of public hearing
as October 7, 2020, at 7:00PM at 555 West 6th Street, San Bernardino, California in the
Council Chambers. At that time, interested parties may present comments or evidence
to the Mayor and City Council regarding the proposed alley vaca tion. The Resolution of
Intention will also direct staff to publish notices of the public hearing in the newspaper ,
as well as, positing notices along the proposed street vacation as required by the SHC
sections 8322 and 8323.
Following the public hearing, staff will present for the Mayor and City Council’s
consideration a Resolution Ordering the Real Property Alley Vacation 15 -30-434, with
reservation of utility easements therein, adopting a Categorical Exemption for the alley
vacation, and make a final order of vacation for the alley as described in the Real
Property Street Vacation.
The property vacation proceedings are not completed until the Resolution making the
final order for Real Property Alley Vacation 15.30-434 has been recorded with the San
Bernardino County Recorder’s office pursuant to SHC section 8325. Pursuant to SHC
section 8324, the resolution of vacation may provide that the vacation occurs only after
conditions required by the legislative body have been satisfied and may instruct the
clerk that the resolution of vacation not be recorded until the conditions have been
satisfied.
2020-2025 Key Strategic Targets and Goals
This project is consistent with Key Target 1.d - Develop and implement a community
engagement plan. Public Hearings conducted in response to requests for street
vacations provide an opportunity for surrounding property owners and members of the
public to engage with the Mayor and City Council, provide input through public
comments, and share in the discussion regarding vacating the public right of way.
Fiscal Impact
No General Fund impact. Costs incurred with this action will be paid by the applicant in
the amount of $2,000.
Conclusion
It is respectfully recommended that the Mayor and City Council of the City of Sa n
Bernardino, California, adopt Resolution 2020-215, declaring its intent to conduct a
public hearing to order the vacation of an alley, east of Scenic Drive, and approximately
200 feet south of Inland Center Drive.
Attachments
Attachment 1 Resolution 2020-215; Exhibit “A” - Legal Description; Exhibit “B” -
Plats
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Attachment 2 Petition
Attachment 2 Resolution No. 2020-035PC
Ward: 3
Synopsis of Previous Council Actions:
July 15, 2020 The Mayor and City Council authorized staff to proceed with an
investigation and analysis to vacate the alley located east of Scenic
Drive and south of Inland Center Drive.
10
Packet Pg. 166
RESOLUTION NO. 2020-215
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
DECLARING ITS INTENT TO CONDUCT A PUBLIC
HEARING TO ORDER THE VACATION OF AN ALLEY
LOCATED EAST OF SCENIC DRIVE AND
APPROXIMATELY 200 FEET SOUTH OF INLAND
CENTER DRIVE
WHEREAS, the Public Works Department previously received a petition to vacate the
alley located east of Scenic Drive and Inland Center Drive; and
WHEREAS, the properties abutting the alley are owned by one owner, who has
submitted plans to construct a service station at the corner of Inland Center Dri ve and Scenic
Drive; and
WHEREAS, in order for the project to commence, an alley vacation is required to
complete the proposed development; and
WHEREAS, on July 15, 2020, the Mayor and City Council authorized staff to proceed
with an investigation and analysis to vacate the alley; and
WHEREAS, on July 16, 2020, notices were sent out to City Departments, San
Bernardino County Fire, utility providers, including the Water Department, and residents within
500 feet informing them of the proposed alley vacation; and
WHEREAS, on August 18, 2020, the Planning Commission adopted Resolution
No.2020-035PC forwarding a recommendation of approval to the Mayor and City Council for
the Scenic Drive alley vacation, and finding that the project is Categorically Exempt under
California Environmental Act.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and City Council of San Bernardino, California hereby declare
its intention to order the vacation of portions of the alley of Scenic Drive and the reservation of
utilities therein as described on each of the legal descriptions attached hereto and incorporated as
Exhibit “A” and depicted on each of the maps attached hereto and incorporated herein as Exhibit
“B”.
SECTION 2. The Mayor and City Council of San Bernardino, California, in vacating
the above-described portions of said streets, elects to proceed in accordance with the provisions
of the “Public Streets, Highways and Service Easements Vacation Law”, being Division 9, Part
3, of the Streets and Highways Code of the State of California.
10.a
Packet Pg. 167 Attachment: PW. Alley of Scenic Drive Vacation.01 Attachment 1- Resolution (6878 : Resolution Declaring Intent to Conduct Public Hearing to
Resolution No. 2020-215
SECTION 3. The hour of 7:00 p.m., on Wednesday, October 7, 2020, at 555 West 6th
Street, San Bernardino, California, is fixed as the time and place when and where all persons
interested in or objecting to the propose vacation areas may appear before the Mayor and City
Council of San Bernardino, California and offer evidence in relation hereto.
SECTION 4 The Deputy Director of Public Works/City Engineer of the City of San
Bernardino is hereby directed to cause Notices of Street Vacation to be posted as required by
said “Public Streets, Highways and Service Easements Vacation Law.”
SECTION 5 The City Clerk shall certify the adoption of this Resolution of Intention and
shall cause the same to be published once per week for two successive weeks in The Sun, a
newspaper published and circulated in the City of San Bernardino, prior to the above date set
forth for the public hearing.
SECTION 6. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 7. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 8. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
10.a
Packet Pg. 168 Attachment: PW. Alley of Scenic Drive Vacation.01 Attachment 1- Resolution (6878 : Resolution Declaring Intent to Conduct Public Hearing to
Resolution No. 2020-215
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, City Clerk
10.a
Packet Pg. 169 Attachment: PW. Alley of Scenic Drive Vacation.01 Attachment 1- Resolution (6878 : Resolution Declaring Intent to Conduct Public Hearing to
10.b
Packet Pg. 170 Attachment: PW.Alley Vacation Exhibit A (6878 : Resolution Declaring Intent to Conduct Public Hearing to Order Alley Vacation East of Scenic
10.b
Packet Pg. 171 Attachment: PW.Alley Vacation Exhibit A (6878 : Resolution Declaring Intent to Conduct Public Hearing to Order Alley Vacation East of Scenic
10.c
Packet Pg. 172 Attachment: PW.Alley Vacation Exhibit B (6878 : Resolution Declaring Intent to Conduct Public Hearing to Order Alley Vacation East of Scenic
10.d
Packet Pg. 173 Attachment: PW. Alley of Scenic Drive-Att. 2- Petition (6878 : Resolution Declaring Intent to Conduct Public Hearing to Order Alley Vacation East of Scenic Dr)
10.e
Packet Pg. 174 Attachment: PW. Alley of Scenic Drive-Att. 3 - Resolution 2020-035PC (6878 : Resolution Declaring Intent to Conduct Public Hearing to Order
10.e
Packet Pg. 175 Attachment: PW. Alley of Scenic Drive-Att. 3 - Resolution 2020-035PC (6878 : Resolution Declaring Intent to Conduct Public Hearing to Order
10.e
Packet Pg. 176 Attachment: PW. Alley of Scenic Drive-Att. 3 - Resolution 2020-035PC (6878 : Resolution Declaring Intent to Conduct Public Hearing to Order
10.e
Packet Pg. 177 Attachment: PW. Alley of Scenic Drive-Att. 3 - Resolution 2020-035PC (6878 : Resolution Declaring Intent to Conduct Public Hearing to Order
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: September 2, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Michael Huntley, Director of Community & Economic
Development
Subject: Imposing Liens to Recover Costs for Code Enforcement
Abatements
Recommendation
Adopt Resolution No. 2020-217 of the Mayor and City Council of the City of San
Bernardino, California, imposing liens on certain real property located within the City
San Bernardino for the costs of public nuisance abatements.
Background
On October 5, 2015, the Mayor and Common Council adopted Ordinance MC -1418,
thereby repealing San Bernardino Municipal Code Chapters 3.68 and 8.27 and
amending Chapter 8.30. On September 18, 2019, the Mayor and City Council adopted
Ordinance MC-1521, revisions to Chapter 8.30. These changes streamlined the
process of abating public nuisances on properties and imposing liens to enable the City
to recover costs for abating nuisances.
Discussion
San Bernardino Municipal Code Section 8.30.050 requires that the City Council adopt a
Resolution in order for the City to assess unpaid costs of abatement as liens on the
respective property tax bills.
The Abatement Assessments List, attached he reto as Exhibit A, includes properties that
were unsecured and/or cleaned via warrant, demolished via warrant, or red -tagged and
deemed unsafe. Additionally, there were two emergency knock-downs requested by
the Fire Department. These abatements were comp leted by contractors retained by the
City after the property owner failed to comply with the Notice to Abate or an Emergency
Abatement was required.
All property owners listed on the ‘Abatement Assessments’ List have been notified of
the abatement costs by way of written notice of an Administrative Hearing.
Administrative Hearings were held and resulted in Hearing Orders.
The “Other Abatement Assessments” are for public nuisance abatements performed by
the Code Enforcement Division. Also included in this section are emergency board-ups
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requested by the Police and Fire Departments. Emergency board-ups were requested
after a break-in has occurred or after fire suppression activities when no responsible
parties could be reached.
The total outstanding fees owed to the City for ‘Abatement Assessments’ resulting from
Administrative Hearing Officer Orders is $27,620.99. The total for ‘Other Abatement
Assessments’ including emergency abatements is $64,394.23. The grand total of all
abatement changes is $92,015.22.
All property owners listed on the ‘Other Abatement Assessments’ list have been notified
of the abatement costs. These property owners were issued a Notice of Summary
Abatement with the option to schedule a hearing per SBMC 8.30.045. Property owners
were advised of their right to appeal said costs within ten days, or to pay the costs
within 30 days of notice per San Bernardino Municipal Code Section 8.30.030. Hearings
were not requested and the costs are currently outstanding. To date, no responses
have been received. Therefore, staff recommends adopting the Resolution in order to
assess such unpaid costs of abatement.
The owners of properties listed on the Abatement Assessments List have been notified
of this meeting and provided with an additional copy of the Statement of Costs. If
owners come forward to pay their costs prior to the public hearing, their properties will
be removed from Exhibit A.
2020-2025 Key Strategic Targets and Goals
The request to impose liens to recover costs for Code Enforceme nt abatements aligns
with Key Target No. 1: Financial Stability and Key Target No. 4: Economic Growth &
Development. Imposing liens to resolve public nuisances would ensure revenue back
into the Department and that the City is clean and attractive.
Fiscal Impact
The anticipated amount to be collected is $92,015.22. The amount will be collected
incrementally as individual properties are sold and/or liens are paid through the escrow
process.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-217, approving imposing liens to recover public
nuisance abatement costs.
Attachments
Attachment 1 Resolution 2020-217
Attachment 2 Exhibit A-Abatement Assessments List
Ward: All
Synopsis of Previous Council Actions:
April 18, 2018 The Mayor and City Council adopted Resolution 2018-106,
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imposing liens on certain real property located within the City of
San Bernardino for the costs of public nuisance.
August 1, 2018 The Mayor and City Council adopted Resolution No. 2018-222,
imposing liens on certain real property located within the City of
San Bernardino for the cost of public nuisance abatements.
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Packet Pg. 180
Resolution No. 2020-217
RESOLUTION NO. 2020-217
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
IMPOSING LIENS ON CERTAIN REAL PROPERTY
LOCATED WITHIN THE CITY OF SAN BERNARDINO
FOR THE COSTS OF PUBLIC NUISANCE ABATEMENTS
WHEREAS, the City of San Bernardino, pursuant to its authority under Chapter 8.30 of
the San Bernardino Municipal Code, did lawfully cause public nuisances to be abated on the
properties described in the Abatement Assessments List, a copy of which is attached hereto and
incorporated herein as Exhibit A, in this Resolution; and
WHEREAS, notice of the abatement costs were given to the owners of record of said
properties, and any timely requested hearing has heretofore been held to hear protests of the costs
of said abatement before the Administrative Hearing Office, who determined the owner of record
is responsible for the costs.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Said costs are found to have been incurred by the City pursuant to
proceedings under the San Bernardino Municipal Code, and the final statement of costs on file
with the City Clerk is hereby confirmed and adopted as special assessments against the
properties lists in Exhibit A.
SECTION 3. Said sum shall become a lien on said property pursuant to San Bernardino
Municipal Code 8.30.050 and shall be collected as a special assessment.
SECTION 4. The City Clerk is hereby directed to file a certified copy of this Resolution,
including Exhibit A, showing such sums as remained unpaid, to the Recorder and the Auditor of
the County of San Bernardino, State of California, directing that each sum be entered as a lien
charged against the property as it appears on the current assessment rolls, to be collected at the
said time and in the same manner, subject to the same penalties and interest upon delinquencies,
as the general taxes for the City of San Bernardino are collected.
SECTION 5. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general ru le that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
11.a
Packet Pg. 181 Attachment: CED.Imposing Liens.Resolution.Attachment 1 (6876 : Imposing Liens to Recover Costs for Code Enforcement Abatements)
Resolution No. 2020-217
SECTION 6. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________, 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
11.a
Packet Pg. 182 Attachment: CED.Imposing Liens.Resolution.Attachment 1 (6876 : Imposing Liens to Recover Costs for Code Enforcement Abatements)
Resolution No. 2020-217
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No.2020- _____, adopted at a regular meeting held at the ___ day of _______, 2020
by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino t his ___ day of
____________ 2020.
___________________________________
Genoveva Rocha, CMC, City Clerk
11.a
Packet Pg. 183 Attachment: CED.Imposing Liens.Resolution.Attachment 1 (6876 : Imposing Liens to Recover Costs for Code Enforcement Abatements)
EXHIBIT "A"
ABATEMENT ASSESSMENTS
ADDRESS OWNER Hearing Order WARD COST
496 S. Meridian DE LA TORRE, PASQUAL 19-032 3 $205.10
460 W. 40th St.REID -BINKS, CLAIRE EVELYN 19-139 4 $739.65
2142 N. Arrowhead Ave.GLC PROPERTY MGMT 19-142 2 $500.00
4130 Hallmark Parkway AFFINITY HOLDINGS, LLC 19-150 2 $16,863.05
2494 Kendall REHMATI, MASOOMA 19-146 5 $400.00
1442 Colorado GALVAN, KATHERINE N. 19-149 6 $647.71
2167 N. Lugo BROADWAY CAPITAL, LLC 20-001 2 $8,470.58
Total:$27,620.99
OTHER ABATEMENT ASSESSMENTS
ADDRESS OWNER DATE ABATED WARD COST
496 S. Meridian DE LA TORRE, PASQUAL 04/15/20 3 $836.85
950 N. Tippecanoe CUBESMART L P 11/25/19 1 $707.65
632 W. Baseline CREDO LLC 02/19/20 2 $1,364.40
1996 Del Rosa COULIS FAMILY TRUST 082912 11/08/19 2 $834.60
1595 N D St.DPND PROP INVESTMENTS,LLC 03/04/20,03/11/20,04/7/20 2 $3,720.73
690 W. Olive CASIAS, ISAAC 02/20/20, 03/27/20 2 $22,573.14
660 N. E St.GARDENA BUSINESS GRP, LLC 04/14/20, 04/28/20 1 $3,034.80
4436 N. 4th Ave.UZUNYAN, MKRTICH 03/18/20 4 $27,305.18
315 W. Highland Ave.METROPOLITAN LIFE INSURANCE 03/11/20 2 $890.25
1722 E. Highland Ave.STARLIGHT MGMT - 17 LP 04/03/20 7 $769.37
245 E. 19th St.CERVERA, MICHAEL A 05/05/20 2 $999.82
201 E. 19th St. THROCKMORTON, MARILYN 05/06/20 2 $562.79
2167 N. Lugo Ave.BROADWAY CAPITAL, LLC 01/15/20 2 $794.65
Total:$64,394.23
Grand Total: $92,015.22
11.b
Packet Pg. 184 Attachment: CED.Imposing Liens.Exhibit A.Attachement 2 (6876 : Imposing Liens to Recover Costs for
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: September 2, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Michael Huntley, Director of Community & Economic
Development
Subject: Request for Qualifications (RFQ) - Seccombe Lake Park
Recommendation
That the Mayor and City Council of the City of San Bernardino, California, direct the City
Manager to proceed with the Request for Qualifications (RFQ) to identify a competent
housing developer for the future development of a specific portion of Seccombe Lake
Park.
Background
As part of an ongoing effort to improve the area on and around Seccombe Lake Park,
the Redevelopment Agency (“Agency”) of the City of San Bernardino worke d with the
California Legislature to pass a bill allowing for the development of the northwest portion
of the park. In September 2006, Assembly Bill No. 1457 was approved by the
legislature and signed into law by governor Arnold Schwarzenegger. The bill allows the
City to utilize a portion of Seccombe Park, not to exceed 12.5 acres, for the purpose of
residential infill development. Additionally, AB 1457 requires that the City identify and
improve equivalent acreage for replacement park land.
In March, 2007, the Agency issued a Request for Proposals (RFP) to solicit concept
plans for the development of the 12.5 acre site. ANR Homes was selected as the
developer and the Agency and developer entered into an Exclusive Right to Negotiate
Agreement. ANR proposed to build 216 townhomes, a 52,000 square foot retail center
along Waterman Avenue and a new public park along the north side of 7th Street.
By March 2009, the Agency and ANR Homes realized that the development of the site
was not feasible due to the impacts of the Great Recession, the median home value in
the immediate area of the city at the time, and the $15 million in gap financing.
Accordingly, development of the 12.5 acre portion of Seccombe Lake Park was put on
hold.
Analysis
Currently, Seccombe Lake Park is a source of blight for the City. The park, which is
intended for the use of all residents, has become the domain of homeless persons and
a criminal element.
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At 44 acres, Seccombe Lake Park is far too large to manage and maintain without a
group of residents and neighbors who are willing to take ownership of the park and keep
eyes on the park as a deterrent for unwelcome behavior. The properties along Sierra
Way and Waterman Avenue are a combination of commercial and vacant prope rties
without eyes for the park. Residential properties along 5th Street are weary of having to
contend with the spillover crime and inconveniences of the current park environment.
In order to begin reclaiming such a visible City asset, the City must create a vested
interest in the park and retain a portion of the park for residents 24 hours -a-day, 365
days-a-year. By so doing, the positive aspects of a reclaimed area will encourage those
who want to use the park for intended recreational uses to return to the park and
reclaim the rest of the park. As part of the FY 2020/21 Annual Action Plan (“Action
Plan”) adopted by the City Council on April 15, 2020, Seccombe Lake Park was
identified as a location (Project 5) for infill housing utilizing federal HOME funds. To
begin the reclamation and redevelopment of Seccombe Lake Park, the Community and
Economic Development Department has developed a Request for Qualifications (RFQ)
to solicit qualifications from developers, of high quality, multi -family housing, to develop
four (4) of the 12.5 acres designated for housing use. Four acres built with a high level
of amenities and intensively managed is a much more viable option than 216
individually owned townhomes and 52,000 square feet of retail as was previous
proposed in 2007. As part of the adoption the Action Plan, the City Council approved
$1.8 million in HOME funds for the predevelopment of the proposed housing.
Additionally, the Housing Division has dollars available that, in conjunction with housing,
can be utilized to revitalize the park adjacent to the proposed housing.
In its preliminary inquiries whether a development in Seccombe Lake Park would be
financially viable, Housing Division staff has engaged the development community and
found that the project would score favorably for submission of a tax credit application.
Tax credit dollars will highly leverage the City’s HOME funds. The development
community did caution that single family housing would not be viable due to the market
conditions for that housing type in the area.
In addition to the Housing Division’s action, the Parks, Recreation and Community
Services Department has sought grant funding to improve Seccombe Lake Park. The
Department is currently working with the City’s grant con sultant on a grant application
that will be submitted to the State in December 2020. Combined efforts by the Parks,
Recreation and Community Services and Community and Economic Development
Departments should help improved the area in and around Seccombe L ake Park.
2020-2025 Key Strategic Targets and Goals
The utilization of federal HOME funds for the creation of an RFQ for Secommbe Lake
Park aligns with Key Target No. 1: Financial Stability. Specifically, the RFQ will allow
the City to solicit interest from the development community to development much
needed low income housing. The development of the infill housing in this area of the
City will minimize the City’s ongoing costs for the maintenance of this portion of the
park.
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Fiscal Impact
The funding to cover the preparation of the RFQ and the review of the qualification
packets is managed by City staff funded by CDBG and HOME funds. As such, no
additional General Fund revenue will be expended for this project.
Conclusion
That the Mayor and City Council of the City of San Bernardino, California, direct the City
Manager to proceed with the Request for Qualifications (RFQ) to identify a competent
housing developer for the future development of a specific portion of Seccombe Lake
Park.
Attachments
Attachment 1 FY 2020/21 Annual Action Plan Project List
Ward: Ward 1
Synopsis of Previous Council Action:
May 15, 2020 Mayor and City Council approved the 2020 -2025 Consolidated Plan
and the FY 2020/21 Annual Action Plan.
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12.a
Packet Pg. 188 Attachment: CED.Seccombe Lake Park RFQ.Attachment 1 9.2.20 (6888 : Request for Qualifications (RFQ) - Seccombe Lake Park)
12.a
Packet Pg. 189 Attachment: CED.Seccombe Lake Park RFQ.Attachment 1 9.2.20 (6888 : Request for Qualifications (RFQ) - Seccombe Lake Park)
12.a
Packet Pg. 190 Attachment: CED.Seccombe Lake Park RFQ.Attachment 1 9.2.20 (6888 : Request for Qualifications (RFQ) - Seccombe Lake Park)
12.a
Packet Pg. 191 Attachment: CED.Seccombe Lake Park RFQ.Attachment 1 9.2.20 (6888 : Request for Qualifications (RFQ) - Seccombe Lake Park)
12.a
Packet Pg. 192 Attachment: CED.Seccombe Lake Park RFQ.Attachment 1 9.2.20 (6888 : Request for Qualifications (RFQ) - Seccombe Lake Park)
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: September 2, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Eric McBride, Acting Chief of Police
Subject: Resolution to Accept and Administer the FY 2020/21 OTS
STEP Grant
Recommendation
Adopt Resolution No. 2020-218 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to accept and administer the FY
2020/21 California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program
(STEP) grant and authorizing the Director of Finance to amend the FY 2020/21 Adopted
Budget effective July 1, 2020.
Background
The California Office of Traffic Safety (OTS) has awarded its Sele ctive Traffic
Enforcement Program (STEP) grant for Fiscal Year 2020/21 to law enforcement
agencies in the state that have shown the best practice strategies to reduce traffic
collisions and promote traffic safety awareness. The City of San Bernardino has
received annual OTS STEP grant funding for well over a decade and has been awarded
$454,000 for Federal Fiscal Year October 1, 2020 through September 30, 2021.
Discussion
The OTS STEP grant combines several traffic enforcement programs under a single
grant umbrella, which reimburses law enforcement agencies for overtime worked on
proven traffic enforcement strategies such as driving under the influence/California
driver’s license (DUI/CDL) checkpoints and DUI saturation patrols. In addition to
checkpoints and saturation patrols, the Police Department will use grant funds to
develop a “Hot Sheet” program to alert patrol and traffic officers to be on the lookout for
identified repeat DUI offenders with suspended or revoked licenses as a result of DUI
convictions. Using STEP grant funding, the Police Department will also add patrols
focused on motorcycle DUI enforcement, traffic enforcement, collaborative DUI
enforcement with neighboring agencies, motorcycle safety enforcement, and
bicycle/pedestrian safety enforcement operations. Grant funding will provide for
supervisors, detectives, officers, and professional staff to accomplish OTS STEP grant
objectives. Staffing levels will vary depending on the enforcement detail being worked.
There are no matching fund requirements for this grant.
All grant funded traffic operations will be conducted to make the streets of San
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Bernardino safer for all pedestrians and motorists. In addition to enforcement strategies,
the STEP program will seek voluntary compliance of traffic laws through public
education and safety awareness campaigns throughout the one -year grant period. The
grant will also reimburse the cost of DUI related training for officers, supplies used at
checkpoints, preliminary alcohol screening (PAS) device/calibration supplies, and the
purchase of an advanced light imaging detection and ranging (LIDAR) speed detection
device. Staff recommends authorization for the City Manager to accept, execute, and
administer the State of California OTS STEP Grant Agreement f or Grant Number
PT21049 (Attachment 2).
2020-2025 Key Strategic Targets and Goals
The acceptance and administration of the OTS STEP grant aligns with Key Target No.
1: Financial Stability, by implementing, maintaining, and updating a fiscal accountability
plan; Key Target No. 2: Focused, Aligned Leadership and Unified Community, by
developing and implementing a community engagement plan; and Key Target No. 3:
Improved Quality of Life, by evaluating the public safety service delivery models to
enhance the quality of service.
Fiscal Impact
The financial impact to the City is $454,000 in both revenues and expenditures in the
FY 2020/21 adopted budget. There are no matching fund requirements for this grant.
Staff requests authorization for the Director of Finance to amend the Adopted FY
2020/21 budget increasing the Police grant program budget by $454,000.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-218, authorizing the City Manager to accept and
administer the FY 2020/21 California Office of Traffic Safety (OTS) Selective Traffic
Enforcement Program (STEP) grant and authorizing the Director of Finance to amend
the FY 2020/21 Adopted Budget effective July 1, 2020.
Attachments
Attachment 1 Resolution 2020-218
Attachment 2 Original Agreement dated July 30, 2020.
Ward: All
Synopsis of Previous Council Actions:
July 17, 2019 Resolution 2019-264, California Office of Traffic Safety - STEP
grant, approved by Council
October 3, 2018 Resolution 2018-272, California Office of Traffic Safety - STEP
grant, approved by Council
July 5, 2017 Resolution 2017-126, California Office of Traffic Safety - STEP
grant, approved by Council
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October 14, 2016 Resolution 2016-211, California Office of Traffic Safety - STEP
grant, approved by Council
January 23, 2015 Resolution 2015-10, California Office of Traffic Safety - STEP grant,
approved by Council
March 3, 2014 Resolution 2014-49, California Office of Traffic Safety - STEP grant,
approved by Council
January 7, 2013 Resolution 2013-1, California Office of Traffic Safety - STEP grant,
approved by Council
April 10, 2012 Resolution 2012-67, California Office of Traffic Safety - STEP grant,
approved by Council
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RESOLUTION NO. 2020-218
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO ACCEPT AND
ADMINISTER THE FY 2020/21 CALIFORNIA OFFICE OF
TRAFFIC SAFETY (OTS) SELECTIVE TRAFFIC
ENFORCEMENT PROGRAM (STEP) GRANT AND
AUTHORIZING THE DIRECTOR OF FINANCE TO
AMEND THE FY 2020/21 ADOPTED BUDGET EFFECTIVE
JULY 1, 2020
WHEREAS, the City of San Bernardino has been awarded the Office of Traffic Safety
grant for the period of October 1, 2020, through September 30, 2021.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager is hereby authorized to execute the State of California
Office of Traffic Safety Grant Agreement, Grant Number PT21049, in the amount of $454,000,
attached hereto, marked Attachment 2, and incorporated herein.
SECTION 2. The Director of Finance is hereby authorized to amend the Adopted FY
2020/21 budget increasing both revenue and expenditures by $454,000, as outlined in the
attached grant agreement budget.
SECTION 3. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
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Resolution No. 2020-218
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2020-218
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, City Clerk
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State of California Office of Traffic Safety
GRANT AGREEMENT GRANT NUMBER
PT21049
1.GRANT TITLE
Selective Traffic Enforcement Program (STEP)
2.NAME OF AGENCY 3.Grant Period
San Bernardino From:
To:
10/01/2020
09/30/20214.AGENCY UNIT TO ADMINISTER GRANT
San Bernardino Police Department
5.GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes
involving alcohol and other primary crash factors. The funded strategies may include impaired driving
enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt
enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public
awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These
strategies are designed to earn media attention thus enhancing the overall deterrent effect.
6.Federal Funds Allocated Under This Agreement Shall Not Exceed:$454,000.00
7.TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by
this reference made a part of the Agreement:
Schedule A Problem Statement, Goals and Objectives and Method of Procedure
Schedule B Detailed Budget Estimate and Sub-Budget Estimate (if applicable)
Schedule B-1 Budget Narrative and Sub-Budget Narrative (if applicable)
Exhibit A Certifications and Assurances
Exhibit B* OTS Grant Program Manual
Exhibit C Grant Electronic Management System (GEMS) Access
*Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if
attached hereto.
These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we
are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN W ITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8.Approval Signatures
A.GRANT DIRECTOR B.AUTHORIZING OFFICIAL
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Jeff Harvey
Sergeant
harvey_je@sbcity.org
909-388-4912
710 N. “D” Street
San Bernardino, CA 92401
ADDRESS:Teri Ledoux
City Manager
ledoux_te@sbcity.org
(909) 384-5122
290 N. D Street
San Bernardino, CA 92401
{{_es_signer2_signature}} {{_es_signer2_date}}{{_es_signer4_signature}} {{_es_signer4_date}}
(Signature)(Date)(Signature)(Date)
C.FISCAL OFFICIAL D.AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
ADDRESS:Susan Stevens
Senior Management Analyst
stevens_su@sbcity.org
(909) 384-5693
710 North D Street
San Bernardino, CA 92401
ADDRESS:Barbara Rooney
Director
barbara.rooney@ots.ca.gov
(916) 509-3030
2208 Kausen Drive Suite 300
Elk Grove, CA 95758
{{_es_signer3_signature}} {{_es_signer3_date}}{{_es_signer6_signature}} {{_es_signer6_date}}
(Signature)(Date)(Signature)(Date)
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E.ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9.DUNS INFORMATION
NAME:Carolyn Vu DUNS #:
REGISTERED
ADDRESS:
CITY:
ZIP+4:
805349206
710 N. D Street
San Bernardino
92401-1112
ADDRESS:2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
10.PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y.CHAPTER STAT UTE PROJECTED
EXPENDITURES
164 AL-21 20.608 0521-0890-101 2020 2020 BA/20 $275,000.00
402PT-21 20.600 0521-0890-101 2020 2020 BA/20 $179,000.00
AG REEMENT
TOTAL $454,000.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted
funds for the current budget year are available for the period and
purpose of the expenditure stated above.
$454,000.00
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
$ 0.00
OTS DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE
{{_es_signer5_signature}}{{_es_signer5_date}}$454,000.00
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State of California Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
PT21049
1.PROBLEM STATEMENT
San Bernardino is the second-largest city in the Inland Empire metropolitan area of California, and the
county seat of San Bernardino County, the largest county in geographic area in the 48 contiguous
states. San Bernardino is the gateway to the San Bernardino Mountains, and is a major crossroads for
traffic along the I-10 and I-215/15 transportation and Las Vegas corridor.The City of San Bernardino has
continued to see increases in fatalities.Between the years of 2009-2013, the city had an average of 14.8
fatalities at a rate of 7.4 per 100,000. In 2015-2019 the city experienced increases in fatalities of 38, 28, 42,
38 and 46 fatalities respectively per year.The current 2019 fatality rate in San Bernardino is 21.29 per
capita.Nationally, 2018 fatal collision rates are at a comparative 11.18 per capita. Using California OTS
ranking information for 2017, San Bernardino was ranked 12 of 58 cities in the state of California.
Many fatalities in the city are pedestrian related and constituted 39% of fatalities in 2019.As can be seen in
the above chart pedestrians themselves are responsible for a large number of collisions.Pedestrian
fatalities decreased a small amount in 2019 but there is continued need for pedestrian enforcement, to
include pedestrian and vehicle violations.Enforcement has focused on areas where a high number of
pedestrain collisions occur, including school zones.Efforts have been taken to educate pedestrians and
drivers with a media campaign and will be continued.No underage student pedestrian fatality occurred in
the city in 2019, giving hope that the extra educational/enforcement attention provided by CA OTS funds will
reduce fatalities.
One of the major contributors to our crime and traffic issues is a lack of manpower .The police department
has hired additional officers but there is a high level of calls for service.Due to a high number of calls for
service, patrol units are not able to conduct highly visible traffic enforcement.The motor unit is tasked with
high visibility enforcement, but staffs only five officers with an auxiliary unit of six officers to assist with
investigations.The Patrol Division has a high priority level for new staffing, resulting in a reduction of motor
officers.Traffic fatalities in the city were still consistently high in 2019. The grant monies that have been
awarded by the Office of Traffic Safety have been extremely beneficial to the residents, businesses, and
visitors of San Bernardino.Grant funds put more officers on the streets for enforcement of traffic laws and
educating the public.
In 2019, the San Bernardino Police Department was tasked with investigating 46 fatal traffic
collisions.Many of the collision investigations were conducted by Traffic Division personnel consisting of
five officers, many times during their scheduled time off.These investigations are time consuming and take
the traffic officers off the street for a substantial amount of time, which also adds to the decrease in our
proactive time to enforce traffic laws.The funds granted By California Office of Traffic Safety substantially
increase officers proactive time to increase traffic safety.
2.PERFORMANCE MEASURES
A.Goals:
1.Reduce the number of persons killed in traffic crashes.
2.Reduce the number of persons injured in traffic crashes.
3.Reduce the number of pedestrians killed in traffic crashes.
4.Reduce the number of pedestrians injured in traffic crashes.
5.Reduce the number of bicyclists killed in traffic crashes.
6.Reduce the number of bicyclists injured in traffic crashes.
7.Reduce the number of persons killed in alcohol-involved crashes.
8.Reduce the number of persons injured in alcohol-involved crashes.
9.Reduce the number of persons killed in drug-involved crashes.
10.Reduce the number of persons injured in drug-involved crashes.
11.Reduce the number of persons killed in alcohol/drug combo-involved crashes.
12.Reduce the number of persons injured in alcohol/drug combo-involved crashes.
13.Reduce the number of motorcyclists killed in traffic crashes.
14.Reduce the number of motorcyclists injured in traffic crashes.
15.Reduce hit & run fatal crashes.
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16.Reduce hit & run injury crashes.
17.Reduce nighttime (2100 -0259 hours) fatal crashes.
18.Reduce nighttime (2100 -0259 hours) injury crashes.
B.Objectives:Target Number
1.Issue a press release announcing the kick-off of the grant by November 15.The
kick-off press releases and media advisories, alerts, and materials must be
emailed to the OTS Public Information Officer at pio@ots.ca.gov, and copied to
your OTS Coordinator, for approval 14 days prior to the issuance date of the
release.
1
2.Participate and report data (as required) in the following campaigns, National W alk
to School Day, National Teen Driver Safety W eek, NHTSA Winter Mobilization,
National Distracted Driving Awareness Month, National Motorcycle Safety Month,
National Bicycle Safety Month, National Click it or Ticket Mobilization, NHTSA
Summer Mobilization, National Child Passenger Safety W eek, and California's
Pedestrian Safety Month.
10
3.
and traffic officers to be on the lookout for identified repeat DUI offenders with a
suspended or revoked license as a result of DUI convictions. Updated HOT sheets
should be distributed to patrol and traffic officers monthly.
12
4.Send law enforcement personnel to the NHTSA Standardized Field Sobriety
Testing (SFST) (minimum 16 hours) POST-certified training.
2
5.Send law enforcement personnel to the NHTSA Advanced Roadside Impaired
Driving Enforcement (ARIDE) 16 hour POST-certified training.
2
6.Send law enforcement personnel to the Drug Recognition Expert (DRE) training.1
7.Send law enforcement personnel to SFST Instructor training.1
8.Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted
during the NHTSA W inter Mobilization and 1 during the Summer Mobilization. To
enhance the overall deterrent effect and promote high visibility, it is recommended
the grantee issue an advance press release and conduct social media activity for
each checkpoint. For combination DUI/DL checkpoints, departments should issue
press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs
for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead."
OTS does not fund or support independent DL checkpoints. Only on an exception
basis and with OTS pre-approval will OTS fund checkpoints that begin prior to
1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE-or
ARIDE-trained.
6
9.Conduct DUI Saturation Patrol operation(s).11
10.Conduct Traffic Enforcement operation(s), including but not limited to, primary
crash factor violations.
5
11.Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in
areas or during events with a high number of pedestrian and/or bicycle crashes
resulting from violations made by pedestrians, bicyclists, and drivers.
10
12.Conduct Know Your Limit campaigns with an effort to reach members of the
community.
2
13.Conduct highly visible collaborative DUI Enforcement operations 2
14.Conduct highly visible collaborative Traffic Enforcement operations 2
3.METHOD OF PROCEDURE
A.Phase 1 Program Preparation (1st Quarter of Grant Year)
outlined in the objectives section.
All training needed to implement the program should be conducted this quarter.
All grant related purchases needed to implement the program should be made this quarter.
convictions. The Hot Sheets ma
description, current license status, and the number of times suspended or revoked for DUI. Hot
Sheets should be updated and distributed to traffic and patrol officers at least monthly.
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Implementation of the STEP grant activities will be accomplished by deploying personnel at high
crash locations.Media Requirements
Issue a press release announcing the kick-off of the grant by November 15, but no earlier than
October 1.If unable to meet the November 15 date, communicate reasons to your OTS
Coordinator.The kick-off press releases and any related media advisories, alerts, and materials
must be emailed for approval to the OTS Public Information Officer at pio@ots.ca.gov, and
copied to your OTS Coordinator, 14 days prior to the issuance date of the release.
B.Phase 2 Program Operations (Throughout Grant Year)
The department will work to create media opportunities throughout the grant period to call
attention to the innovative program strategies and outcomes.Media Requirements
Send all grant-related activity press releases, media advisories, alerts and general public
materials to the OTS Public Information Officer (PIO) at pio@ots.ca.gov, with a copy to your OTS
Coordinator. The following requirements are for grant-related activities and are different from
those regarding any grant kick-off release or announcement.
If an OTS-supplied, template-based press release is used, there is no need for pre-approval,
however, the OTS PIO and Coordinator should be copied when at the same time as the release
is distributed to the press.
If an OTS-supplied template is not used, or is substantially changed, a draft press release shall
be sent to the OTS PIO for approval. Optimum lead-time would be 10 days prior to the release
distribution date, but should be no less than 5 working days prior to the release distribution date.
Press releases reporting the immediate and time-valued results of grant activities such as
enforcement operations are exempt from the recommended advance approval process, but still
should be copied to the OTS PIO and Coordinator when the release is distributed to the press.
Activities such as warrant or probation sweeps and court stings that could be compromised by
advanced publicity are exempt from pre-publicity, but are encouraged to offer embargoed media
coverage and to report the results.
Use the following standard language in all press, media, and printed materials: Funding for this
program was provided by a grant from the California Office of Traffic Safety, through the National
Highway Traffic Safety Administration.
Email the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator at least 30 days in
advance, a short description of any significant grant-related traffic safety event or program so
OTS has sufficient notice to arrange for attendance and/or participation in the event.
Submit a draft or rough-cut of all printed or recorded material (brochures, posters, scripts,
artwork, trailer graphics, etc.) to the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator
for approval 14 days prior to the production or duplication.
Space permitting, include the OTS logo, on grant-funded print materials; consult your OTS
Coordinator for specifics and format-appropriate logos.
Contact the OTS PIO or your OTS Coordinator, sufficiently far enough in advance of need, for
consultation when deviation from any of the above requirements might be contemplated
C.Phase 3 Data Collection & Reporting (Throughout Grant Year)
Prepare and submit invoice claims (due January 30, April 30, July 30, and October 30)
Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30,
and October 30)
Collect and report quarterly, appropriate data that supports the progress of goals and objectives.
Provide a brief list of activity conducted, procurement of grant-funded items, and significant
media activities. Include status of grant-funded personnel, status of contracts, challenges, or
special accomplishments.
Provide a brief summary of quarterly accomplishments and explanations for objectives not
completed or plans for upcoming activities.
Collect, analyze and report statistical data relating to the grant goals and objectives.
4.METHOD OF EVALUATION
Using
the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary
ignificant activities. This narrative should also include
whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
5.ADMINISTRATIVE SUPPORT
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This program has full administrative support, and every effort will b e made to continue the grant activities
after grant conclusion.
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State of California Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
PT21049
FUND NUMBER CATALOG
NUMBER (CFDA)
FUND DESCRIPTION TOTAL AMOUNT
164AL-21 20.608 Minimum Penalties for Repeat
Offenders for Driving W hile
Intoxicated
$275,000.00
402PT-21 20.600 State and Community Highway
Safety
$179,000.00
COST CATEGORY FUND
NUMBER
UNIT COST OR
RATE
UNITS TOTAL COST TO
GRANT
A.PERSONNEL COSTS
Positions and Salaries
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-21 $16,973.00 6 $101,838.00
DUI Saturation Patrols 164AL-21 $11,652.00 11 $128,172.00
Collaborative DUI Enforcement 164AL-21 $7,700.00 2 $15,400.00
Know Your Limit 164AL-21 $2,400.00 2 $4,800.00
Benefits OT @ 5.25%164AL-21 $250,210.00 1 $13,136.00
Traffic Enforcement 402PT-21 $9,500.00 5 $47,500.00
Pedestrian and Bicycle Enforcement 402PT-21 $9,500.00 10 $95,000.00
Collaborative Traffic Enforcement 402PT-21 $7,700.00 2 $15,400.00
Benefits OT @ 5.25%402PT-21 $157,900.00 1 $8,290.00
Category Sub-Total $429,536.00
B.TRAVEL EXPENSES
In State Travel 402PT-21 $6,810.00 1 $6,810.00
$0.00
Category Sub-Total $6,810.00
C.CONTRACTUAL SERVICES
Phlebotomist 164AL-21 $3,500.00 1 $3,500.00
Category Sub-Total $3,500.00
D.EQUIPMENT
$0.00
Category Sub-Total $0.00
E.OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-21 $4,554.00 1 $4,554.00
PAS Device/Calibration Supplies 164AL-21 $600.00 6 $3,600.00
Lidar Device 402PT-21 $3,000.00 2 $6,000.00
Category Sub-Total $14,154.00
F.INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $454,000.00
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State of California Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
PT21049
BUDGET NARRATIVE
PERSONNEL COSTS
DUI/DL Checkpoints -Overtime for grant funded law enforcement operations conducted by appropriate
department personnel.
DUI Saturation Patrols -Overtime for grant funded law enforcement operations conducted by appropriate
department personnel.
Collaborative DUI Enforcement -Overtime for grant funded Collaborative DUI Enforcement operations
conducted by appropriate department personnel
Know Your Limit -Overtime for grant funded traffic safety presentations or campaigns conducted by
appropriate department personnel.
Benefits OT @ 5.25% -Benefits OT @5.25%-Overtime Benefits
-Unemployment Insurance 0.30%
-Workers compensation 3.5%
-Medicare 1.45%
Total 5.25%
Traffic Enforcement -Overtime for grant funded law enforcement operations conducted by appropriate
department personnel.
Pedestrian and Bicycle Enforcement -Overtime for grant funded law enforcement operations conducted by
appropriate department personnel.
Collaborative Traffic Enforcement -Overtime for grant funded Collaborative Traffic Enforcement operations
conducted by appropriate department personnel
Benefits OT @ 5.25% -Benefits OT @5.25%-Overtime Benefits
-Unemployment Insurance 0.30%
-Workers compensation 3.5%
-Medicare 1.45%
Total 5.25%
TRAVEL EXPENSES
In State Travel -Costs are included for appropriate staff to attend conferences and training events
supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and
meetings is included. Anticipated travel may include Lifesavers conference. All conferences, seminars or
training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must
be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when
registration fees are paid with OTS grant funds.
CONTRACTUAL SERVICES
Phlebotomist -To draw and collect blood samples from suspected DUI drivers on scene as evidence in
support of DUI convictions in a court of law.
EQUIPMENT
-
OTHER DIRECT COSTS
DUI Checkpoint Supplies -On-scene supplies needed to conduct sobriety checkpoints. Costs may include
28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10),
traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares,
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PAS device supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies. Additional items
may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed.
PAS Device/Calibration Supplies -Preliminary alcohol screening device to detect the presence of alcohol in
a person's breath and calibration supplies to ensure accuracy. Costs may include mouth pieces, gas and
accessories.
Lidar Device -Light detection and ranging device used to measure the speed of motor vehicles. This device
will be used for speed enforcement.
INDIRECT COSTS
-
STATEMENTS/DISCLAIMERS
Program Income default statement:
There will be no program income generated from this grant.
Enforcement Grant Quota Disclaimer:
enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and
objectives here under.
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State of California Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
PT21049
CERTIFICATIONS AND ASSURANCES
HIGHWAY SAFETY GRANTS
(23 U.S.C.CHAPTER 4 AND SEC.1906,PUB.L.109-59,AS AMENDED)
Failure to comply with applicable Federal statutes, regulations, and directives may subject Grantee Agency
officials to civil or criminal penalties and/or place State in a high-risk grantee status in accordance with 49 CFR
18.12.
The Officials named on the grant agreement signature page, that the Grantee Agency complies with all
applicable Federal statutes, regulations, and directives and State rules, guidelines, policies and laws in effect
with respect to the periods for which it receives grant funding. Applicable provisions include but are not limited
to the following:
GENERAL REQUIREMENTS
23 U.S.C. Chapter 4 Highway Safety Act of 1966, as amended
2 CFR part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards
49 CFR Part 18-Uniform Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments.
23 CFR part 1300 Uniform Procedures for State Highway Safety Grant Programs
NONDISCRIMINATION
(applies to subrecipients as well as States)
The State highway safety agency will comply with all Federal statutes and implementing regulations relating to
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on
the basis of race, color, national origin) and 49 CFR part 21;
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601),
(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or
Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of
1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination
on the basis of disability) and 49 CFR part 27;
The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the
basis of age);
The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of
Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the
Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the
programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or
activities are Federally-funded or not);
Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination
on the basis of disability in the operation of public entities, public and private transportation systems, places of
public accommodation, and certain testing) and 49 CFR parts 37 and 38;
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations (prevents discrimination against minority populations by discouraging programs,
policies, and activities with disproportionately high and adverse human health or environmental effects on
minority and low-income populations); and
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency
(guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP)
by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access
to programs (70 FR 74087-74100).
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The State highway safety agency
color, national origin, disability, sex, age, limited English proficiency, or membership in any other class
protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of,
or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the
program is Federally-assisted;
subcontractors, and consultants receiving Federal financial assistance under this program will comply with all
requirements of the Non-Discrimination Authorities identified in this Assurance;
all applicable
documents, information, facilities, and staff, and to cooperate and comply with any program or compliance
reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination
Authority;
under these Non-Discrimination Authorities and this Assurance;
in all contracts and funding agreements with other State or private entities the following
clause:
a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time;
b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-discrimination law
or regulation, as set forth in appendix B of 49 CFR part 2l and herein;
c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by
the State highway safety office, US DOT or NHTSA;
d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this
contract/funding agreement, the State highway safety agency will have the right to impose such
contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding
payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient
complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part;
and
e. To insert this clause, including paragraphs (a) through (e), in every subcontract and subagreement and in
every solicitation for a subcontract or sub-agreement, that receives Federal funds under this program.
POLITICAL ACTIVITY (HATCH ACT)
(applies to subrecipients as well as States)
The state will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities
of employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to subrecipients as well as States)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
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1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions;
3. The undersigned shall require that the language of this certification be included in the award documents for
all sub-award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a
State or local legislator to favor or oppose the adoption of any specific legislative proposal pendin g before any
State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying
activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA
funds from engaging in direct communications with State or local legislative officials, in accordance with
customary State practice, even if such communications urge legislative officials to favor or oppose the adoption
of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to subrecipients as well as States)
Instructions for Primary Tier Participant Certification (States)
1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification
set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial of
participation in this covered transaction. The prospective primary tier participant shall submit an explanation of
why it cannot provide the certification set out below. The certification or explanation will be considered in
connection with the department or agency's determination whether to enter into this transaction. However,
failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such
person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the
department or agency determined to enter into this transaction. If it is later determined that the prospective
primary tier participant knowingly rendered an erroneous certification, in addition to ot her remedies available to
the Federal Government, the department or agency may terminate this transaction for cause or default or may
pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or agency to
which this proposal is submitted if at any time the prospective primary tier participant learns its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person,
principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may
contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of
those regulations.
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6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by the department or
agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include the
rding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
the department or agency entering into this covered transaction, without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to
comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification
is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the
eligibility of any prospective lower tier participants, each participant may,but is not required to, check the
System for Award Management Exclusions website (https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment
under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in
this transaction, in addition to other remedies available to the Federal government, the department or agency
may terminate the transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Tier Covered
Transactions
(1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participating in covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,
State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public transactions
(Federal, State, or local) terminated for cause or default.
(2) Where the prospective primary tier participant is unable to certify to any of the Statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Instructions for Lower Tier Participant Certification
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1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set
out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal government, the
department or agency with which this transaction originated may pursue available remedies, including
suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which th is
proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person,
principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may
contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by the department or
agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause
Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transaction," without modification, in all
lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower
tier participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification
is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the
eligibility of any prospective lower tier participants, each participant may, but is not required to, check the
System for Award Management Exclusions website (https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment
under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in
this transaction, in addition to other remedies available to the Federal government, the department or agency
with which this transaction originated may pursue available remedies, including suspension or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered
Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals
is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
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BUY AMERICA AC T
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when
purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal
funds only steel, iron and manufactured products produced in the United States, unless the Secretary of
Transportation determines that such domestically produced items would be inconsistent with the public interest,
that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic
materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal
funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate
basis and justification for approval by the Secretary of Transportation.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
(applies to subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet
usage or to create checkpoints that specifically target motorcyclists.
POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997,
the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its
employees when operating company-owned, rented, or personally-owned vehicles. The National Highway
Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this
Presidential initiative. For information and resources on traffic safety programs and policies for employers,
please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to
improving the traffic safety practices of employers and employees. You can download information on seat belt
programs, costs of motor vehicle crashes to employers, and other traff ic safety initiatives at
www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns,
and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging W hile Driving,
and DOT Order 3902.10, Text Messaging W hile Driving, States are encouraged to adopt and enforce
workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text
messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or
privately-owned vehicles when on official Government business or when performing any work on or behalf of
the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate
with the size of the business, such as establishment of new rules and programs or re-evaluation of existing
programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees
about the safety risks associated with texting while driving.
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INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS
1.Each agency is allowed a total of FIVE (5) GEMS Users.
2.GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly
Performance Reports (QPRs) and reimbursement claims.
3.Complete the form if adding, removing or editing a GEMS user(s).
4.The Grant Director must sign this form and return it with the Grant Agreement.
CURRENT GEMS USER(S)
1.Jeff Harvey
Title: Sergeant Media Contact: No
Phone: 909-388-4912
Email: harvey_je@sbcity.org
2.Susan Stevens
Title: Senior Management Analyst Media Contact: No
Phone: (909) 384-5693
Email: stevens_su@sbcity.org
State of California Office of Traffic Safety
OTS-55 Grant Electronic Management System (GEMS) Access
Exhibit C
GRANT NUMBER
PT21049
GRANT DETAILS
Grant Number: PT21049
Agency Name:San Bernardino Police Department
Grant Title: Selective Traffic Enforcement Program (STEP)
Agreement Total:$454,000.00
Authorizing Official:Teri Ledoux
Fiscal Official: Susan Stevens
Grant Director: Jeff Harvey
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Complete the below information if adding, removing or editing a GEMS user(s)
GEMS User 1
Add/Change {{[]c11_es_:signer1}} Remove Access {{[]c12_es_:signer1}}Add as a media contact? Yes {{[]c1_es_:signer1}}No{{[]c2_es_:signer1}}
{{UserName1_es_:signer1}}{{UserTitle1_es_:signer1}}
Name Job Title
{{UserEmail1_es_:signer1}}{{UserPhone1_es_:signer1}}
Email address Phone number
GEMS User 2
Add/Change {{[]c13_es_:signer1}} Remove Access {{[]c14_es_:signer1}}
Add as a media contact? Yes {{[]c3_es_:signer1}}No {{[]c4_es_:signer1}}
{{UserName2_es_:signer1}}{{UserTitle2_es_:signer1}}
Name Job Title
{{UserEmail2_es_:signer1}}{{UserPhone2_es_:signer1}}
Email address Phone number
GEMS User 3
Add/Change {{[]c15_es_:signer1}}Remove Access {{[]c16_es_:signer1}}
Add as a media contact? Yes {{[]c5_es_:signer1}}No {{[]c6_es_:signer1}}
{{UserName3_es_:signer1}}{{UserTitle3_es_:signer1}}
Name Job Title
{{UserEmail3_es_:signer1}}{{UserPhone3_es_:signer1}}
Email address Phone number
GEMS User 4
Add/Change {{[]c17_es_:signer1}} Remove Access {{[]c18_es_:signer1}}
Add as a media contact? Yes {{[]c8_es_:signer1}}No {{[]c7_es_:signer1}}
{{UserName4_es_:signer1}}{{UserTitle4_es_:signer1}}
Name Job Title
{{UserEmail4_es_:signer1}}{{UserPhone4_es_:signer1}}
Email address Phone number
GEMS User 5
Add/Change {{[]c19_es_:signer1}}Remove Access {{[]c20_es_:signer1}}
Add as a media contact? Yes {{[]c9_es_:signer1}}No {{[]c10_es_:signer1}}
{{UserName5_es_:signer1}}{{UserTitle5_es_:signer1}}
Name Job Title
{{UserEmail5_es_:signer1}}{{UserPhone5_es_:signer1}}
Email address Phone number
Form completed by: {{Sig_es_:signer1:signature}} Date: {{Dte1_es_:signer1:date}}
As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access.
{{Sig_es_:signer2:signature}}{{Name1_es_:signer2:fullname}}
Signature Name
{{Dte2_es_:signer2:date}}Grant Director
Date Title
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Consent Calendar
City of San Bernardino
Request for Council Action
Date: September 2, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Eric McBride, Acting Chief of Police
Subject: Resolution Authorizing a Purchase Order for Unmarked Police
Vehicles
Recommendation
Adopt Resolution No. 2020-219 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the Director of Finance to issue a purchase order to
Carmax in an amount not to exceed $60,000.
Background
The Police Department has recently re-established special investigative units with the
intent to reduce violent crime, narcotics, and vice activity. These units require unmarked
police vehicles to accomplish their missions and have been budgeted $60,000 for FY
2020/21 for this purpose. On July 28, 2020, RFQ F-21-02 was published. This RFQ
afforded vendors the opportunity to provide quotes for specific cars deemed necessary
for these investigative operations. No response was received. Historically, the
department has purchased unmarked police vehicles from Carmax due to the trade -in
value offered and a wide selection of vehicles available.
Discussion
The San Bernardino Police Department has recently re -established special investigative
units. These teams are responsible for investigating narcotics activity, vice -related
activity, and apprehending violent criminals with the intent to reduce crime throughout
the City. The special investigative teams utilize used, unmarked po lice vehicles to
investigate and apprehend criminals. These vehicles must be non -uniform and
indistinct.
In May 2020, when a grant funded purchase of unmarked vehicles was requested,
Mayor and City Council directed staff to obtain individual bids from lo cal vendors. Staff
actively solicited bids from local vendors; however, none were able to provide a quote
that met department specifications.
On July 28, 2020, RFQ F-21-02, requesting quotes for used vehicles, was published.
This afforded vendors adequate time to provide quotes for the specified used vehicles.
The City received no response to RFQ F-21-02. The department has explored
purchasing used vehicles from multiple vendors and has found Carmax to be the best
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option. Carmax allows the department to select from an inventory nationwide that are
immediately available for purchase to be shipped to their Ontario, California, location.
Staff is requesting to use dedicated funds to purchase up to three used vehicles , not to
exceed $60,000.
2020-2025 Key Strategic Targets and Goals
The request for the Director of Finance to issue a purchase order to Carmax aligns with
Key Target No. 3c: Improved Quality of Life - Constantly evaluate public safety service
delivery models to enhance the quality of service.
Fiscal Impact
The fiscal impact to the City is the use of the $60,000 budgeted in FY 2020/21for the
purchase of used vehicles, account number 108 -210-0082*5701.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino ,
California, adopt Resolution No. 2020-219, authorizing the Director of Finance to issue
a purchase order to Carmax in an amount not to exceed $60,000.
Attachments
Attachment 1 Resolution 2020-219
Ward: All
Synopsis of Previous Council Actions:
May 20, 2020 Mayor and City Council adopted Resolution No. 2020-74,
authorizing the transfer of funds and issuance of a purchase order
to Carmax in an amount not to exceed $90,000.
August 17, 2015 Mayor and City Council adopted Resolution No. 2014-143,
authorizing the transfer of funds and issuance of a purchase order
to Carmax in an amount not to exceed $55,000.
May 19, 2014 Mayor and City Council adopted Resolution No. 2014-143,
authorizing the transfer of funds and issuance of a purchase order
to Carmax in an amount not to exceed $55,000.
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RESOLUTION NO. 2020-219
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE DIRECTOR OF FINANCE TO ISSUE
A PURCHASE ORDER TO CARMAX IN AN AMOUNT
NOT TO EXCEED $60,000
WHEREAS, the City requires unmarked police vehicles to investigate and reduce the
occurrence of crimes related to violence, narcotics, prostitution, and illegal gambling; and,
WHEREAS, FY 2020/21 has budgeted $60,000 for the purchase of used, unmarked
vehicles in account number 108-210-0082*5701; and
WHEREAS, RFQ F-21-02 was published on July 28, 2020, with no response; and
WHEREAS, Carmax has proven to be the best source to purchase a variety of used
vehicles for this purpose.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Director of Finance is hereby authorized to issue a purchase order to
Carmax in an amount not to exceed $60,000 pursuant to San Bernardino Municipal Code
3.04.101(b)(3), the Mayor and Common Council approve a selected source justification for this
purchase.
SECTION 3. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2020.
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Packet Pg. 218 Attachment: CarmaxUnmarked Vehicles-Reso (6881 : Resolution Authorizing a Purchase Order for Unmarked Police Vehicles)
Resolution No. 2020-219
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho , City Attorney
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Packet Pg. 219 Attachment: CarmaxUnmarked Vehicles-Reso (6881 : Resolution Authorizing a Purchase Order for Unmarked Police Vehicles)
Resolution No. 2020-219
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, City Clerk
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Consent Calendar
City of San Bernardino
Request for Council Action
Date: September 2, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Eric McBride, Acting Chief of Police
Subject: Resolution Accepting the 2017, 2018, and 2019 Justice
Assistance Grants
Recommendation
Adopt Resolution No. 2020-220 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the acceptance of the 2017, 2018, and 2019 Edward
Byrne Justice Assistance Grants; and increasing the FY 2020/21 Adopted Budget grant
revenue and expenditures by $533,314.
Background
The San Bernardino Police Department receives formulary grant funds from the Edward
Byrne Memorial Justice Assistance Grant (JAG) as a sub-recipient of the County of San
Bernardino. The last grant received was the 2016 award in the amount of $154,574. In
2017, the federal government imposed conditions on federal grant funds awarded to
local law enforcement requiring immigration enforcement. In August 2017, the Attorney
General challenged this ruling. City and county agencies delayed acceptance of their
annual awards until the lawsuits concluded which did not occur until 2019. Annual grant
applications were submitted and allocations were determined by the Department of
Justice, but all federal funding was delayed. The City was notified that grant award
acceptances were presented and approved by the San Bernardino County Board of
Supervisors on June 9, 2020.
Grant funding is allocated on a formula that includes population and a three -year
average of reported violent crime for each jurisdiction. The City of San Bernardino has
been designated as a disparate jurisdiction, which is defined as a city receiving one -
and-one half the County allocation.
The County of San Bernardino serves as the grant administrator and fiscal agent for the
JAG program funds and charges each jurisdiction a 5% administrative fee. Below is a
table illustrating the City’s allocation and award amounts, as well as the County’s 5%
Administrative fees and grant periods. San Bernardino County has applied for a one
year extension on the 2017 grant. JAG grants are cash grants paid in advance. There
are no matching funds required by this grant.
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Discussion
Under most circumstances, the City would be seeking to approve one grant each year,
however, the above stated legal issues prevented that from taking place for the past
three years. During the grant application process for the years 2017 and 2018, the
Police Department identified projects intended for those grant funds. The County’s
Grant Administrator did not require that projects be identified for the 2019 grant until it
was determined that the 2019 grant would be awarded. Since the 2017 and 2018 grant
application process, the Police Department’s needs have changed to some degree;
meaning that some of the original grant projects are still viable projects, while others will
be modified to serve the more current needs of the Police Department .
The award for the 2017 JAG is $164,4 77, and at the time the 2017 JAG application was
completed, the Police Department intended to use it for equipment purchases. The
equipment requested included a digital crime scene scanning and reconstruction
device, known as a FARO machine, along with two police patrol vehicles. For this
particular grant year, the items requested are still relevant to the needs of the Police
Department and will proceed forward with the original grant request. The entire amount
of $164,477 is intended for spending on the pu rchase of two patrol vehicles and the
FARO machine.
The 2018 JAG award is for $182,366 and was originally intended for two separate
projects. The first project was for upgrades to the audio and video recording equipment
inside of the interview rooms located within the Investigations Division of the Police
Department. This project was an urgent need based on the failure of the equipment at
the time the grant was authored. Due to the delay with the JAG award and the urgent
need for replacement, funding for this project was obtained from alternative sources and
the project has already been completed without the use of JAG funds. The second
project intended for the 2018 JAG award was the creation of an employee wellness
program. The grant award would have been used to pay for the cost of contract services
from a private company to administer the program. Although this is still a worthwhile
project, it is not among the more current and pressing needs of the Police Department.
For these reasons, the 2018 JAG will require modification.
The Police Department intends to modify the 2018 JAG to employ a contract service to
complete the process of preparing an updated Emergency Operations Plan and Hazard
Mitigation Plan. The Emergency Operations Plan is a public do cument prepared for the
use of city officials, employees, and emergency responders to coordinate a well -
planned response to natural disasters, technological incidents, and national security
emergencies. The Hazard Mitigation Plan is intended to reduce or e liminate the loss of
life or damage to property as a result of natural hazards. Anticipating hazards and the
effective response to emergency situations is of importance to the welfare of the citizens
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of San Bernardino. The update of both of these plans wil l consume a great deal of time
and will require the completion of processes designed to obtain input from public and
partner agencies. The plans will also have to conform to specific guidelines set forth by
the Federal Emergency Management Administration (FEMA). Given the complex nature
of the update process and the need to comply with specific FEMA guidelines, these
plans would most efficiently be updated by a professional service with experience in this
area.
The 2019 JAG award is $186,471 and is intended for use to complete two projects. The
first project will be the purchase of Briefcam Analytic software. This software will be
used for the purpose of analyzing video evidence obtained not only from the San
Bernardino Crime Camera System but also video evidence obtained from other sources
such as businesses or residences. This software will assist with the more efficient
review of video recordings to locate evidence related to criminal activity. The second
project intended for the 2019 JAG award is the p urchase and installation of license plate
reader cameras.
2020-2021 Key Strategic Targets and Goals
The request to authorize the receipt, obligation and expenditure of the 2017, 2018 and
2019 Edward Byrne Memorial Justice Assistance Grants aligns with Key Target No. 1:
Financial Stability: Implement, maintain, and update a fiscal accountability plan .
Fiscal Impact
The fiscal impact to the City is a budget amendment of $533,314 to revenue and
expenditures in the FY 2020/21 adopted budget. Grant account num bers to be
established after approval of this item. There is no match requirement for this grant.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2019-220, authorizing the acceptance of the 2017,
2018 and 2019 Edward Byrne Justice Assistance Grants; and increasing the FY
2020/21 Adopted Budget grant revenue and expenditures by $533,314.
Attachments
Attachment 1 Resolution 2020-220; Exhibit “A” - 2017 JAG Grant Award, Exhibit
“B” 2018 JAG Grant Award, Exhibit “C” - JAG Grant Award
Ward: All
Synopsis of Previous Council Actions:
November 7, 2016 2016-230 approved authorizing the appropriation, obligation and
expenditure of the FY16/17 JAG grant in the amount of $154,574.
May 2, 2016 2016-87 approved authorizing the appropriation, obligation and
expenditure of the FY15/16 JAG grant in the amount of $136,504.
June 16, 2014 2014-170 approved authorizing the appropriation, obligation and
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expenditure of the FY14/15 JAG grant in the amount of $142,943.
August 5, 2013 2013-230 approved authorizing the appropriation, obligation and
expenditure of the FY13/14 JAG grant in the amount of $130,007.
May 7, 2012 2012-75 approved authorizing the appropriation, obligation and
expenditure of the FY12/13 JAG grant in the amount of $136,168.
July 18, 2011 2011-231 approved authorizing the appropriation, obligation and
expenditure of the FY11/12 JAG grant in the amount of $176,199.
May 19, 2010 2010-111 approved authorizing the appropriation, obligation and
expenditure of the FY10/11 JAG grant in the amount of $215,264.
June 16, 2009 2009-160 approved authorizing the appropriation, obligation and
expenditure of the FY09/10 JAG grant in the amount of $244,563.
July 9, 2008 2008-266 approved authorizing the appropriation, obligation and
expenditure of the FY08/09 JAG grant in the amount of $84,139.
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RESOLUTION NO. 2020-20
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE ACCEPTANCE OF THE 2017, 2018,
AND 2019 EDWARD BYRNE JUSTICE ASSISTANCE
GRANTS AND INCREASING THE FY 2020/21 ADOPTED
BUDGET GRANT REVENUE AND EXPENDITURES BY
$533,314
WHEREAS, the City of San Bernardino is a sub-recipient to the County of San
Bernardino for the Edward Byrne Memorial Justice Assistance Grant (JAG); and
WHEREAS, on June 9, 2020, the San Bernardino County Board of Supervisors
approved JAG grant awards for 2017, 2018, and 2019.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager is authorized to execute the 2017, 2018, and 2019 Sub
Award Grant Agreements for the Edward Byrne Memorial Justice Assistance Grant Program
between the City of San Bernardino and County of San Bernardino attached hereto, marked
Exhibit “A,” Exhibit “B,” and Exhibit “C,” and by this reference made a part thereof.
SECTION 3. The Director of Finance is hereby authorized and directed to appropriate
revenue and expenditures of $164,477 into account number 123-210-8785; $182,366 into
account number 123-210-8786, and $186,471 into account number 123-210-8787 and to
incorporate the changes in the FY2020/21 Adopted Budget.
SECTION 4. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2020.
15.a
Packet Pg. 225 Attachment: PD_ACCEPT 201720182019 JAG GRANTS-RESO (6884 : Resolution Accepting the 2017, 2018, and 2019 Justice Assistance Grants)
Resolution No. 2020-20
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Packet Pg. 226 Attachment: PD_ACCEPT 201720182019 JAG GRANTS-RESO (6884 : Resolution Accepting the 2017, 2018, and 2019 Justice Assistance Grants)
Resolution No. 2020-20
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, City Clerk
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Packet Pg. 227 Attachment: PD_ACCEPT 201720182019 JAG GRANTS-RESO (6884 : Resolution Accepting the 2017, 2018, and 2019 Justice Assistance Grants)
County of San Bernardino
385 North Arrowhead Avenue
San Bernardino, CA 92415‐0123
Law and Justice Group
909‐387‐5005
Grant
Sub‐Award PAGE 1 OF 26
AWARD NUMBER: 2017‐DJ‐BX‐0991
SUB‐AWARD NUMBER: 2017‐DJ‐BX‐0991‐San Bernardino
AWARD DATE 11/02/2018
PREVIOUS AWARD AMOUNT $0
AMOUNT OF THIS AWARD $164,477
TOTAL SUB‐AWARD $164,477
This project is supported under FY17(BJA ‐ JAG State and JAG Local) Title I of Pub. L. No. 90‐351 (generally codified at 42 U.S.C. 3711 ‐ 3797ff‐5), including
subpart 1 of part E (codified at 42 U.S.C. 3750 ‐ 3758); see also 28 U.S.C. 530C(a).
SUBRECIPIENT NAME AND ADDRESS (Including Zip Code)
City of San Bernardino
PROJECT TITLE
16.738 ‐ Edward Byrne Memorial Justice Assistance Grant Program
TYPED NAME AND TITLE OF APPROVING OFFICIAL
GRANTEE APPROVAL SUBRECIPIENT ACCEPTANCE
2017 Justice Assistance Grant
CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number)
SPECIAL CONDITIONS
STATUTORY AUTHORITY FOR GRANT
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S), WHICH INCLUDE
THE AWARD CONTINUATION SHEETS (PAGES 2‐21), A SUPPLEMENTAL STATEMENT BY THE COUNTY OF SAN BERNARDINO (1 PAGE), AND THE SUBRECIPIENT
MONITORING PROCEDURES FOR THE COUNTY OF SAN BERNARDINO LAW AND JUSTICE GROUP (4 PAGES).
SUBRECIPIENT IRS/VENDOR NO.PROJECT PERIOD: FROM 10/01/2016 TO 09/30/2020
95‐6000772 BUDGET PERIOD: FROM 10/01/2016 TO 09/30/2020
SUBRECIPIENT DUNS NO.
80‐53‐49206
290 North "D" Street
San Bernardino, CA 92401‐1709
DATE DATE
__________________________________________________ __________________________________________________
__________________________________________________
TYPED NAME AND TITLE OF AUTHORIZED SUBRECIPIENT OFFICIAL
Teri Ledoux, City Manager
San Bernardino County Law and Justice Group City of San Bernardino
G. Christopher Gardner, Chair
SIGNATURE OF APPROVING OFFICIAL SIGNATURE OF AUTHORIZED SUBRECIPIENT OFFICIAL
__________________________________________________
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AWARD CONTINUATION
SHEET
Grant
PAGE 2 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/02/2018PROJECT NUMBER 2017-DJ-BX-0991
SPECIAL CONDITIONS
Requirements of the award; remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award. Compliance with any certifications or assurances
submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material
requirement of this award.
Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, a
condition incorporated by reference below, or a certification or assurance related to conduct during the award period --
may result in the Office of Justice Programs ("OJP") taking appropriate action with respect to the recipient and the
award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award.
The Department of Justice ("DOJ"), including OJP, also may take other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment
or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621,
and/or 42 U.S.C. 3795a), and also may lead to imposition of civil penalties and administrative remedies for false claims
or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision
shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be
held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this
award.
Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted
and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY
2017 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2017 award
supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before
December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number
(regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that
are obligated on or after the acceptance date of this FY 2017 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards
("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.
In the event that an award-related question arises from documents or other materials prepared or distributed by OJP
that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the
recipient is to contact OJP promptly for clarification.
Compliance with DOJ Grants Financial Guide
The recipient agrees to comply with the DOJ Grants Financial Guide as posted on the OJP website (currently, the "2015
DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version
that may be posted during the period of performance.
1.
2.
3.
OJP FORM 4000/2 (REV. 4-88)
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AWARD CONTINUATION
SHEET
Grant
PAGE 3 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/02/2018PROJECT NUMBER 2017-DJ-BX-0991
SPECIAL CONDITIONS
Required training for Point of Contact and all Financial Points of Contact
Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully
completed an "OJP financial management and grant administration training" by 120 days after the date of the
recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2016, will satisfy
this condition.
In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or
FPOC must have successfully completed an "OJP financial management and grant administration training" by 120
calendar days after-- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new
POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful
completion of such a training on or after January 1, 2016, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for
purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition
include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to
comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate
conditions on this award.
Requirements related to "de minimis" indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis"
indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise
OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200
Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined
by the Part 200 Uniform Requirements.
Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal
funds during the period of performance for this award, the recipient promptly must determine whether funds from any
of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the
identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ
awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ
awarding agency, must seek a budget-modification or change-of-project-scope grant adjustment notice (GAN) to
eliminate any inappropriate duplication of funding.
4.
5.
6.
OJP FORM 4000/2 (REV. 4-88)
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AWARD CONTINUATION
SHEET
Grant
PAGE 4 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/02/2018PROJECT NUMBER 2017-DJ-BX-0991
SPECIAL CONDITIONS
Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award Management (SAM),
currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM,
as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients
(first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the
recipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site
at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal
Identifier Requirements), and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to
any business or non-profit organization that he or she may own or operate in his or her name).
All subawards ("subgrants") must have specific federal authorization
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for
authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants
administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement
"contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at
https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have
specific federal authorization), and are incorporated by reference here.
Specific post-award approval required to use a noncompetitive approach in any procurement contract that would
exceed $150,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain
specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the
Simplified Acquisition Threshold (currently, $150,000). This condition applies to agreements that -- for purposes of
federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider
a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under
an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm
(Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract
(if contract would exceed $150,000)), and are incorporated by reference here.
7.
8.
9.
OJP FORM 4000/2 (REV. 4-88)
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AWARD CONTINUATION
SHEET
Grant
PAGE 5 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/02/2018PROJECT NUMBER 2017-DJ-BX-0991
SPECIAL CONDITIONS
Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and
OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including
requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the
part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees"
of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the
OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited
conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP
authority to terminate award)), and are incorporated by reference here.
Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and
other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations,
policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where
applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ),
including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ
Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "2015 DOJ Grants Financial
Guide").
Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and effectiveness of work under this award.
The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program
solicitation or other applicable written guidance. Data collection supports compliance with the Government
Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.
OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or
delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,
available at https://ojp.gov/funding/ojptrainingguidingprinciples.htm.
Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold
award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient
does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform
Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits,
investigations, or reviews of DOJ awards.
Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency
(OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high-
risk" for purposes of the DOJ high-risk grantee list.
10.
11.
12.
13.
14.
15.
OJP FORM 4000/2 (REV. 4-88)
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AWARD CONTINUATION
SHEET
Grant
PAGE 6 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/02/2018PROJECT NUMBER 2017-DJ-BX-0991
SPECIAL CONDITIONS
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an
equal employment opportunity program.
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and
prospective program beneficiaries. Part 38 of 28 C.F.R., a DOJ regulation, was amended effective May 4, 2016.
Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of
religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice.
Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that
engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and
subrecipients that are faith-based or religious organizations.
The text of the regulation, now entitled "Partnerships with Faith-Based and Other Neighborhood Organizations," is
available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-
bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current"
data.
Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any
subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal,
modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There
may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be
barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any
subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of
Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or
cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending,
or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that
applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might
fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the
express prior written approval of OJP.
16.
17.
18.
19.
OJP FORM 4000/2 (REV. 4-88)
21
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AWARD CONTINUATION
SHEET
Grant
PAGE 7 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/02/2018PROJECT NUMBER 2017-DJ-BX-0991
SPECIAL CONDITIONS
Compliance with general appropriations-law restrictions on the use of federal funds (FY 2017)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of
federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general
provisions" in the Consolidated Appropriations Act, 2017, are set out at
https://ojp.gov/funding/Explore/FY17AppropriationsRestrictions.htm, and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might
fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not
proceed without the express prior written approval of OJP.
Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct
The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office of the Inspector General
(OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person
has, in connection with funds under this award -- (1) submitted a claim that violates the False Claims Act; or (2)
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar
misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the
OIG by-- (1) mail directed to: Office of the Inspector General, U.S. Department of Justice, Investigations Division,
1425 New York Avenue, N.W. Suite 7100, Washington, DC 20530; and/or (2) the DOJ OIG hotline: (contact
information in English and Spanish) at (800) 869-4499 (phone) or (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
20.
21.
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U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/02/2018PROJECT NUMBER 2017-DJ-BX-0991
SPECIAL CONDITIONS
Restrictions and certifications regarding non-disclosure agreements and related matters
No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or
subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality
agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in
accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal
department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award, to contravene
requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to
sensitive compartmented information), or any other form issued by a federal department or agency governing the
nondisclosure of classified information.
1. In accepting this award, the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees
or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or
contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute
agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud,
or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt
written notification to the federal agency making this award, and will resume (or permit resumption of) such
obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or
both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds
(whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either
requires or has required internal confidentiality agreements or statements from employees or contractors that currently
prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste,
fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds
under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit
or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will
immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to
the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly
authorized to do so by that agency.
22.
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U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/02/2018PROJECT NUMBER 2017-DJ-BX-0991
SPECIAL CONDITIONS
Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)
The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41
U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an
employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a
gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public
health or safety, or a violation of law, rule, or regulation related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of
employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to
contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.
Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg.
51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the course of performing work funded by this
award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease
crashes caused by distracted drivers.
Cooperating with OJP Monitoring
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and
procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial
Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The
recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including
documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable
deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may
result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other
restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the
recipient as a DOJ High Risk grantee; or termination of an award(s).
FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or
more and, in certain circumstances, to report the names and total compensation of the five most highly compensated
executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient
obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted
on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and
Executive Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000, or (2) an
award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit
organization that he or she may own or operate in his or her name).
23.
24.
25.
26.
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Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/02/2018PROJECT NUMBER 2017-DJ-BX-0991
SPECIAL CONDITIONS
Use of program income
Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of
the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly
Federal Financial Report, SF 425.
Justice Information Sharing
In order to promote information sharing and enable interoperability among disparate systems across the justice and
public safety community, the recipient (and any subrecipient at any tier) must comply with DOJ's Global Justice
Information Sharing Initiative (DOJ's Global) guidelines and recommendations for this particular award. The recipient
shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at:
https://it.ojp.gov/gsp_grantcondition. The recipient shall document planned approaches to information sharing and
describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed
justification for why an alternative approach is recommended.
Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information
sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent
possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the
functionality of an existing or proposed IT system.
Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds under this award, the recipient (and
any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if
OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at
its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the
recipient may be fined as per 42 U.S.C. 3789g(c)-(d). The recipient may not satisfy such a fine with federal funds.
Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP
policies and procedures regarding the protection of human research subjects, including obtainment of Institutional
Review Board approval, if appropriate, and subject informed consent.
Confidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 42 U.S.C. 3789g
and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further
agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28
C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.
27.
28.
29.
30.
31.
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Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/02/2018PROJECT NUMBER 2017-DJ-BX-0991
SPECIAL CONDITIONS
Verification and updating of recipient contact information
The recipient must verify its Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized
Representative contact information in GMS, including telephone number and e-mail address. If any information is
incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System
(GMS) to document changes.
Law enforcement task forces - required training
Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds
who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank,
must complete required online (internet-based) task force training. Additionally, all future task force members must
complete this training once during the period of performance for this award, or once every four years if multiple OJP
awards include this requirement.
The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and
Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including
privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and
accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force
personnel roster, along with course completion certificates.
Additional information regarding the training is available through BJA's web site and the Center for Task Force
Integrity and Leadership (www.ctfli.org).
Required attendance at BJA-sponsored events
The recipient (and its subrecipients at any tier) must participate in BJA-sponsored training events, technical assistance
events, or conferences held by BJA or its designees, upon BJA's request.
Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed
justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such
funds.
33.
34.
35.
36.
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U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/02/2018PROJECT NUMBER 2017-DJ-BX-0991
SPECIAL CONDITIONS
Compliance with National Environmental Policy Act and related statutes
Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National
Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental
impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient.
Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior
to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by
the award, the recipient agrees to contact BJA.
The recipient understands that this condition applies to new activities as set out below, whether or not they are being
specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a
subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition
must first be met. The activities covered by this condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including
properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or
eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic
prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an
incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or
education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the
identification, seizure, or closure of clandestine methamphetamine laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental
Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and
agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for
programs relating to methamphetamine laboratory operations.
Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its
subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific
request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental
assessment of that funded program or activity.
Establishment of trust fund
If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is
required to establish a trust fund account. (The trust fund may or may not be an interest-bearing account.) The fund,
including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the
Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award
funds in the trust fund (including any interest earned) during the period of performance for the award and expend
within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at
the time of closeout.
37.
38.
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Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/02/2018PROJECT NUMBER 2017-DJ-BX-0991
SPECIAL CONDITIONS
Prohibition on use of award funds for match under BVP program
JAG funds may be used to purchase vests for an agency, but they may not be used as the 50% match for purposes of the
DOJ Bulletproof Vest Partnership (BVP) program.
Certification of body armor "mandatory wear" policies
The recipient agrees to submit a signed certification that all law enforcement agencies receiving body armor purchased
with funds from this award have a written "mandatory wear" policy in effect. The recipient must keep signed
certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stab-
resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from
this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy
other than it be a mandatory wear policy for all uniformed officers while on duty.
Body armor - compliance with NIJ standards
Ballistic-resistant and stab-resistant body armor purchased with JAG award funds may be purchased at any threat
level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to
comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body
Armor Model List (https://nij.gov/). In addition, ballistic-resistant and stab-resistant body armor purchased must be
American-made. The latest NIJ standard information can be found here: https://nij.gov/topics/technology/body-
armor/pages/safety-initiative.aspx.
Required monitoring of subawards
The recipient must monitor subawards under this JAG award in accordance with all applicable statutes, regulations,
award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any
subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of
specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon
request, documentation of its policies and procedures for monitoring of subawards under this award.
Reporting requirements
The recipient must submit quarterly Federal Financial Reports (SF-425) and semi-annual performance reports through
OJP's GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government
Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that
measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's
Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on
reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required
JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation.
Required data on law enforcement agency training
Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly
accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de-
escalation of conflict, and constructive engagement with the public.
39.
40.
41.
42.
43.
44.
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AWARD DATE 11/02/2018PROJECT NUMBER 2017-DJ-BX-0991
SPECIAL CONDITIONS
Prohibited Expenditures List
Award funds may not be used for items that are listed on the Prohibited Expenditure List at the time of purchase or
acquisition, including as the list may be amended from time to time. The Prohibited Expenditure List may be accessed
here: https://www.bja.gov/funding/JAGControlledPurchaseList.pdf
Controlled expenditures - prior written approval required
Award funds may not be used for items that are listed on the Controlled Expenditure List at the time of purchase or
acquisition, including as the list may be amended from time to time, without explicit written prior approval from BJA.
The Controlled Expenditure List, and instructions on how to request approval for purchase or acquisitions are set out at
https://www.bja.gov/funding/JAGControlledPurchaseList.pdf
Controlled expenditures - incident reporting
If an agency uses award funds to purchase or acquire any item on the Controlled Expenditure List at the time of
purchase or acquisition, including as the list may be amended from time to time, the agency must collect and retain (for
at least 3 years) certain information about the use of-- (1) any federally-acquired Controlled Equipment in the
agency's inventory, and (2) any other controlled equipment in the same category as the federally-acquired controlled
equipment in the agency's inventory, regardless of source; and the agency must make that information available to BJA
upon request. Details about what information must be collected and retained are set out at https://ojp.gov/docs/LE-
Equipment-WG-Final-Report.pdf.
Sale of items on Controlled Expenditure List
Notwithstanding the provision of the Part 200 Uniform Requirements set out at 2 C.F.R. 200.313, no equipment listed
on the Controlled Expenditure List that is purchased with award funds may be transferred or sold to a third party,
except as described below:
a. Agencies may transfer or sell any controlled equipment, except riot helmets and riot shields, to a Law Enforcement
Agency (LEA) after obtaining prior written approval from BJA. As a condition of that approval, the acquiring LEA will
be required to submit information and certifications to BJA as if it were requesting approval to use award funds for the
initial purchase of items on the Controlled Expenditure List.
b. Agencies may not transfer or sell any riot helmets or riot shields purchased under this award.
c. Agencies may not transfer or sell any Controlled Equipment purchased under this award to non-LEAs, with the
exception of fixed wing aircraft, rotary wing aircraft, and command and control vehicles. Before any such transfer or
sale is finalized, the agency must obtain prior written approval from BJA. All law enforcement-related and other
sensitive or potentially dangerous components, and all law enforcement insignias and identifying markings must be
removed prior to transfer or sale.
The recipient must notify BJA prior to the disposal of any items on the Controlled Expenditure List purchased with
award funds, and must abide by any applicable laws (including regulations) in such disposal.
Prohibited or controlled expenditures - Effect of failure to comply
Failure to comply with an award condition related to prohibited or controlled expenditures may result in denial of any
further approvals of controlled expenditures under this or other federal awards.
45.
46.
47.
48.
49.
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Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/02/2018PROJECT NUMBER 2017-DJ-BX-0991
SPECIAL CONDITIONS
Controlled expenditures - Standards
Consistent with recommendation 2.1 of Executive Order 13688, a law enforcement agency that acquires controlled
equipment with award funds must adopt robust and specific written policies and protocols governing General Policing
Standards and Specific Controlled Equipment Standards. General Policing Standards includes policies on (a)
Community Policing; (b) Constitutional Policing; and (c) Community Input and Impact Considerations. Specific
Controlled Equipment Standards includes policies specifically related to (a) Appropriate Use of Controlled Equipment;
(b) Supervision of Use; (c) Effectiveness Evaluation; (d) Auditing and Accountability; and (e) Transparency and Notice
Considerations. Upon OJP's request, the recipient must provide a copy of the General Policing Standards and Specific
Controlled Equipment Standards, and any related policies and protocols.
Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2016
The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of
the first day of the period of performance for the award (October 1, 2016), however, the recipient may choose to incur
project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a
minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are
removed by OJP (via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that
precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the
condition is removed.)
Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at-
risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding
condition through a Grant Adjustment Notice, the recipient is authorized to obligate (federal) award funds to reimburse
itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior to
award acceptance or prior to removal of an applicable withholding condition), provided that those project costs
otherwise are allowable costs under the award.
Nothing in this condition shall be understood to authorize the recipient (or any subrecipient at any tier) to use award
funds to "supplant" State or local funds in violation of the recipient's certification (executed by the chief executive of
the State or local government) that federal funds will be used to increase the amounts of such funds that would, in the
absence of federal funds, be made available for law enforcement activities.
"Certification of Compliance with 8 U.S.C. 1373" required for valid award acceptance by a unit of local government
In order validly to accept this award, the applicant local government must submit the required "Certification of
Compliance with 8 U.S.C. 1373" (executed by the chief legal officer of the local government). Unless that executed
certification either-- (1) is submitted to OJP together with the fully-executed award document, or (2) is uploaded in
OJP's GMS no later than the day the signed award document is submitted to OJP, any submission by a unit of local
government that purports to accept the award is invalid.
If an initial award-acceptance submission by the recipient is invalid, once the unit of local government does submit the
necessary certification regarding 8 U.S.C. 1373, it may submit a fully-executed award document executed by the unit
of local government on or after the date of that certification.
For purposes of this condition, "local government" does not include any Indian tribes.
50.
51.
52.
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AWARD DATE 11/02/2018PROJECT NUMBER 2017-DJ-BX-0991
SPECIAL CONDITIONS
Ongoing compliance with 8 U.S.C. 1373 is required
1. With respect to the "program or activity" funded in whole or part under this award (including any such "program or
activity" of any subrecipient at any tier), throughout the period of performance for the award, no State or local
government entity, -agency, or -official may prohibit or in any way restrict-- (1) any government entity or -official
from sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. 1373(a); or
(2) a government entity or -agency from sending, requesting or receiving, maintaining, or exchanging information
regarding immigration status as described in 8 U.S.C. 1373(b). For purposes of this award, any prohibition (or
restriction) that violates this condition is an "information-communication restriction."
2. Certifications from subrecipients. The recipient may not make a subaward to a State or local government or a
"public" institution of higher education, unless it first obtains a certification of compliance with 8 U.S.C. 1373, properly
executed by the chief legal officer of the jurisdiction or institution that would receive the subaward, using the
appropriate form available at https://ojp.gov/funding/Explore/SampleCertifications-8USC1373.htm. Similarly, the
recipient must require that no subrecipient (at any tier) may make a further subaward to a State or local government or a
"public" institution of higher education, unless it first obtains a certification of compliance with 8 U.S.C. 1373, properly
executed by the chief legal officer of the jurisdiction or institution that would receive the further subaward, using the
appropriate OJP form.
3. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of
this condition.
4. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the
extent that such costs are not reimbursed under any other federal program, award funds may be obligated (including for
authorized reimbursements) for the reasonable, necessary, and allocable costs (if any) that the recipient, or any
subrecipient at any tier that is a State or local government or a "public" institution of higher education, incurs to
implement this condition.
5. Rules of Construction
A. For purposes of this condition:
(1) "State" and "local government" include any agency or other entity thereof, but not any institution of higher
education or any Indian tribe.
(2) A "public" institution of higher education is one that is owned, controlled, or directly funded by a State or local
government.
(3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a).
(4) "Immigration status" means what it means for purposes of 8 U.S.C. 1373 (Illegal Immigration Reform and
Immigrant Responsibility Act of 1996); and terms that are defined in 8 U.S.C. 1101 (Immigration and Nationality Act)
mean what they mean under that section 1101, except that the term "State" also shall include American Samoa (cf. 42
U.S.C. 901(a)(2)).
(5) Pursuant to the provisions set out at (or referenced in) 8 U.S.C. 1551 note ("Abolition … and Transfer of
Functions"), references to the "Immigration and Naturalization Service" in 8 U.S.C. 1373 are to be read as references to
particular components of the Department of Homeland Security (DHS).
B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any
State or local government, any "public" institution of higher education, or any other entity (or individual) to violate any
federal law, including any applicable civil rights or nondiscrimination law.
53.
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AWARD CONTINUATION
SHEET
Grant
PAGE 17 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/02/2018PROJECT NUMBER 2017-DJ-BX-0991
SPECIAL CONDITIONS
IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before
award acceptance.
Authority to obligate award funds contingent on compliance with 8 U.S.C. 1373; unallowable costs; obligation to notify
1. If the recipient is a State or local government--
A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the
recipient (or of any subrecipient at any tier that is a either a State or unit of local government or a "public" institution of
higher education) that is funded in whole or in part with award funds is subject to any "information-communication
restriction."
B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to
reimburse itself if -- at the time it incurs such costs -- the "program or activity" of the recipient (or of any
subrecipient at any tier that is a either a State or unit of local government or a "public" institution of higher education)
that would be reimbursed in whole or in part with award funds was subject to any "information-communication
restriction."
C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation
by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and all subrecipients
(regardless of tier) are in compliance with 8 U.S.C. 1373.
D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance
with award conditions or otherwise, has credible evidence that indicates that the funded "program or activity" of the
recipient, or of any subrecipient at any tier that is either a State or a local government or a "public" institution of higher
education, may be subject to any "information-communication restriction." In addition, any subaward (at any tier) to a
subrecipient that is either a State or a local government or a "public" institution of higher education must require
prompt notification to the entity that made the subaward, should the subrecipient such credible evidence regarding an
"information-communication restriction."
2. Any subaward (at any tier) to a subrecipient that is either a State or a local government or a "public" institution of
higher education must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the
"program or activity" of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in
part with award funds is subject to any "information-communication restriction."
3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling
circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and
transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award
funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any
such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent
monitoring of subrecipient compliance with the requirements set out in the award condition entitled "Ongoing
compliance with 8 U.S.C. 1373 is required."
4. Rules of Construction
A. For purposes of this condition "information-communication restriction" has the meaning set out in the award
condition entitled "Ongoing compliance with 8 U.S.C. 1373 is required."
B. Both the "Rules of Construction" and the "Important Note" set out in the award condition entitled "Ongoing
compliance with 8 U.S.C. 1373 is required" are incorporated by reference as though set forth here in full.
54.
OJP FORM 4000/2 (REV. 4-88)
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AWARD CONTINUATION
SHEET
Grant
PAGE 18 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/02/2018PROJECT NUMBER 2017-DJ-BX-0991
SPECIAL CONDITIONS
Required State-level rules or practices related to aliens; allowable costs
The following provisions apply to the recipient of this award, if the recipient is a State government, and also apply to
any State-government subrecipient at any tier (whether or not the recipient is a State government).
1. Requirements
With respect to the "program or activity" that is funded (in whole or in part) by this award, as of the date the recipient
accepts this award, and throughout the remainder of the period of performance for the award--
A. A State statute, or a State rule, -regulation, -policy, or -practice, must be in place that is designed to ensure that
agents of the United States acting under color of federal law in fact are given to access any State (or State-contracted)
correctional facility for the purpose of permitting such agents to meet with individuals who are (or are believed by such
agents to be) aliens and to inquire as to such individuals' right to be or remain in the United States.
B. A State statute, or a State rule, -regulation, -policy, or -practice, must be in place that is designed to ensure that,
when a State (or State-contracted) correctional facility receives from DHS a formal written request authorized by the
Immigration and Nationality Act that seeks advance notice of the scheduled release date and time for a particular alien
in such facility, then such facility will honor such request and -- as early as practicable (see para. 4.B. of this
condition) -- provide the requested notice to DHS.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this
condition.
3. Allowable costs
Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs
are not reimbursed under any other federal program, award funds may be obligated (including for authorized
reimbursements) for the reasonable, necessary, and allocable costs (if any) of-- (1) developing and putting into place
statutes, rules, regulations, policies, and practices to satisfy this condition, and (2) permitting access as described in
para. 1.A. above, and (3) honoring any request from DHS that is encompassed by para. 1.B. above.
4. Rules of construction
A. For purposes of this condition--
(1) the term "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C.
1101(a)(3)).
(2) the term "correctional facility" means what it means under the Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (see 42 U.S.C. 3791(a)(7)).
B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any
State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the
date and time the individual would have been released in the absence of this condition.
Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least 48
hours, if possible)." (See DHS Form I-247A (3/17)). In the event that (e.g., in light of the date DHS made such request)
the scheduled release date and time for an alien are such as not to permit the advance notice that DHS has requested, it
shall not be a violation of this condition to provide only as much advance notice as practicable.
55.
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AWARD CONTINUATION
SHEET
Grant
PAGE 19 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/02/2018PROJECT NUMBER 2017-DJ-BX-0991
SPECIAL CONDITIONS
NOTE: Current DHS practice is to use one form (DHS Form I-247A (3/17)) for two distinct purposes -- to request
advance notice of scheduled release, and to request that an individual be detained for up to 48 hours AFTER the
scheduled release. This condition imposes NO requirements as to such DHS requests for detention.
C. Both the "Rules of Construction" and the "Important Note" set out in the award condition entitled "Ongoing
compliance with 8 U.S.C. 1373 is required" are incorporated by reference as though set forth here in full.
Required local-government-level rules or practices related to aliens; allowable costs
The following provisions apply to the recipient of this award, if the recipient is a unit of local government, and also
apply to any local-government subrecipient of this award at any tier (whether or not the recipient itself is a unit of local
government).
1. Requirements
With respect to the "program or activity" that is funded (in whole or in part) by this award, as of the date the recipient
accepts this award, and throughout the remainder of the period of performance for the award--
A. A local ordinance, -rule, -regulation, -policy, or -practice (or an applicable State statute, -rule, -regulation, -
policy, or -practice) must be in place that is designed to ensure that agents of the United States acting under color of
federal law in fact are given access a local-government (or local-government-contracted) correctional facility for the
purpose of permitting such agents to meet with individuals who are (or are believed by such agents to be) aliens and to
inquire as to such individuals' right to be or remain in the United States.
B. A local ordinance, -rule, -regulation, -policy, or -practice (or an applicable State statute, -rule, -regulation, -
policy, or -practice) must be in place that is designed to ensure that, when a local-government (or local-government-
contracted) correctional facility receives from DHS a formal written request authorized by the Immigration and
Nationality Act that seeks advance notice of the scheduled release date and time for a particular alien in such facility,
then such facility will honor such request and -- as early as practicable (see "Rules of Construction" incorporated by
para. 4.B. of this condition) -- provide the requested notice to DHS.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this
condition.
3. Allowable costs
Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs
are not reimbursed under any other federal program, award funds may be obligated (including for authorized
reimbursements) for the reasonable, necessary, and allocable costs (if any) of-- (1) developing and putting into place
statutes, ordinances, rules, regulations, policies, and practices to satisfy this condition, (2) permitting access as
described in para. 1.A. above, and (3) honoring any request from DHS that is encompassed by para. 1.B. above.
4. Rules of construction
A. The "Rules of Construction" and the "Important Note" set out in the award condition entitled "Ongoing compliance
with 8 U.S.C. 1373 is required" are incorporated by reference as though set forth here in full.
B. The "Rules of Construction" set out in the award condition entitled "Required State-level rules or practices related
to aliens; allowable costs" are incorporated by reference as though set forth here in full.
56.
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AWARD CONTINUATION
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Grant
PAGE 20 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/02/2018PROJECT NUMBER 2017-DJ-BX-0991
SPECIAL CONDITIONS
Use of funds for DNA testing; upload of DNA profiles
If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded
to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA
laboratory with access to CODIS.
No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without
prior express written approval from BJA.
Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may
be accepted for entry into CODIS.
Encouragement of submission of "success stories"
BJA strongly encourages the recipient to submit annual (or more frequent) JAG success stories. To submit a success
story, sign in to a My BJA account at https://www.bja.gov/Login.aspx to access the Success Story Submission form. If
the recipient does not yet have a My BJA account, please register at https://www.bja.gov/profile.aspx. Once registered,
one of the available areas on the My BJA page will be "My Success Stories." Within this box, there is an option to add
a Success Story. Once reviewed and approved by BJA, all success stories will appear on the BJA Success Story web
page at https://www.bja.gov/SuccessStoryList.aspx.
Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ
If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time
during the course of the period of performance under this award, the recipient must disclose that fact and certain related
information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk
includes any status under which a federal awarding agency provides additional oversight due to the recipient's past
performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include
the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient
was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and
email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.
Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially
reclassified to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a
number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including
many provisions previously codified in Title 42 of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been
reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to
Title 34. This rule of construction specifically includes references set out in award conditions, references set out in
material incorporated by reference through award conditions, and references set out in other award requirements.
Withholding of funds: Required certification from the chief executive of the applicant government
The recipient may not obligate, expend, or draw down any award funds until the recipient submits the required
"Certifications and Assurances by the Chief Executive of the Applicant Government," properly-executed (as
determined by OJP), and a Grant Adjustment Notice (GAN) has been issued to remove this condition.
57.
58.
59.
60.
61.
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SHEET
Grant
PAGE 21 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/02/2018PROJECT NUMBER 2017-DJ-BX-0991
SPECIAL CONDITIONS
Withholding of funds: Memorandum of Understanding
The recipient may not obligate, expend, or draw down any award funds until OJP has reviewed and approved the
Memorandum of Understanding (MOU), and a Grant Adjustment Notice (GAN) has been issued to remove this
condition.
Withholding of funds: Budget narrative
The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and OJP reviews
and accepts, the budget narrative for the award, and a Grant Adjustment Notice (GAN) has been issued to remove this
condition.
Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and
administrative proceedings to SAM and FAPIIS
The recipient must comply with any and all applicable requirements regarding reporting of information on civil,
criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or
any other grant, cooperative agreement, or procurement contract from the federal government. Under certain
circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal
System for Award Management (known as "SAM"), to the designated federal integrity and performance system
(currently, "FAPIIS").
The details of recipient obligations regarding the required reporting (and updating) of information on certain civil,
criminal, and administrative proceedings to the federal designated integrity and performance system (currently,
"FAPIIS") within SAM are posted on the OJP web site at https://ojp.gov/funding/FAPIIS.htm (Award condition:
Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by
reference here.
62.
63.
64.
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County of San Bernardino
385 North Arrowhead Avenue
San Bernardino, CA 92415‐0123
Law and Justice Group
909‐387‐5005
Grant
Supplemental
Statement
PAGE 22 OF 26
AWARD NUMBER: 2017‐DJ‐BX‐0991
AWARD DATE 11/02/2018
PREVIOUS AWARD AMOUNT $0
AMOUNT OF THIS AWARD $611,642
TOTAL AWARD $611,642
RECIPIENT NAME AND ADDRESS (Including Zip Code)
BUDGET PERIOD: FROM 10/01/2016 TO 09/30/2020
County of San Bernardino
385 North Arrowhead Avenue
San Bernardino, CA 92415‐0123
PROJECT PERIOD: FROM 10/01/2016 TO 09/30/2020
GRANTEE IRS/VENDOR NO.
956002748
GRANTEE DUNS NO.
136763120
PROJECT TITLE
2017 Justice Assistance Grant
SUPPLEMENTAL STATEMENT
It is our understanding pursuant to the lawsuit filed by the California Attorney General challenging the imposition of immigration enforcement
requirements that were added to the FY 2017 JAG funding and in response to a motion filed by the California Attorney General, that the U.S. District Court
for the Northern District of California ordered the issuance of the FY 2017 JAG funding that had been withheld from the State of California and political
subdivisions within the State and enjoined the enforcement of the immigration enforcement requirements (California v. Sessions I). The 2017 JAG Grant
Award documents include the immigration enforcement requirements in paragraphs 52, 53, 54, 55 and 56 of those documents.Please note that
acceptance of the award for 2017 does not constitute acceptance of the immigration enforcement requirements. While the U.S. DOJ requires that as a
recipient of the grant, we must initial every page of the award, the initialing of the pages is only an acknowledgement of receipt and is not an
acceptance of any particular immigration enforcement requirement, certification of action, or condition on an initialed page. Also, please note that we
are not submitting the “State or Local Government: FY 2017 Certification of Compliance with 8 U.S.C. 1373” referenced in paragraphs 52 and 53 of the
2017 Grant Award and in addition, we are striking paragraph 7 of the “Certification and Assurances by the Chief Executive of the Applicant
Government.” Additionally, please note we will not execute or require our subrecipients to execute the Certification of Compliance with 8 U.S.C. 1373.
*
CHIEF EXECUTIVE APPROVAL CHIEF LEGAL OFFICER APPROVAL
TYPED NAME AND TITLE OF CHIEF EXECUTIVE TYPED NAME AND TITLE OF CHIEF LEGAL OFFICER
Gary McBride, Chief Executive Officer Michelle Blakemore, County Counsel
County of San Bernardino County of San Bernardino
__________________________________________________ __________________________________________________
SIGNATURE OF CHIEF EXECUTIVE SIGNATURE OF CHIEF LEGAL OFFICER
__________________________________________________ __________________________________________________
DATE DATE
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Subrecipient Monitoring Procedures
County of San Bernardino
Law and Justice Group
Grant Award/Sub-Award Process
When the Law and Justice Group (L&JG) has been notified that it has been awarded a grant, a Board
Agenda Item to accept the grant will be prepared and submitted to the Board of Supervisors (BOS) for
approval. Where there is a sub-award to be granted, a Sub-Award Agreement will be prepared by the
L&JG (recipient) and approved by the BOS and the subrecipient. The appropriate officials will sign the
sub-award documents. The Sub-Award Agreement will identify the federal award information and
applicable compliance requirements, including applicable special conditions for each federal sub-award.
The Sub-Award Agreement will include the Grant Award Number, Award Date, Catalog of Federal
Domestic Assistance (CFDA) number, Project Title, Project Period, Award Amount, and all applicable
Special Conditions for the sub-award. The L&JG’s Subrecipient Monitoring Procedures will be included in
the Sub-Award Agreement.
Grant Revenue
When notified that a grant award has been made, the Grant Coordinator requests a budget code for the
grant award from the Auditor-Controller/Treasurer/Tax Collector (ATC), and submits appropriate budget
documents for the Board of Supervisors approval. Once the budget is established, the Grant Coordinator
requests a drawdown of grant funds and deposits the funds into the applicable special revenue fund.
Timeframes for the drawdown requests will be accomplished in accordance with award requirements
specified by the awarding agency. The Grant Coordinator maintains a record of revenues requested and
received and reconciles the account.
Disbursement of Funds to Subrecipients
When disbursing sub-award funds to subrecipients, the Grant Coordinator will prepare the appropriate
payment document. The payment document is reviewed and approved by the Chair of the L&JG. The
ATC processes payments and disbursement of funds.
To notify subrecipients of the federal award number, CFDA number, and the amount of federal funds at
the time of the disbursement of funds, the following steps will be followed:
• The payment documents will reference the federal award number, CDFA number, and the amount
of federal funds.
• Correspondence will be sent to subrecipients at the time of disbursement identifying the payment
and detailing the required federal information.
Subrecipient Monitoring Requirement
Sub-awards will be monitored in accordance with all applicable statutes, regulations, the Uniform Grant
Guidance, OMB Circulars, and guidelines, including the Office of Justice Programs Financial Guide. The
recipient will include the applicable conditions of this award in any sub-award. The recipient is responsible
for the following:
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• Ensure that every sub-award is clearly identified to the subrecipient as a sub-award and includes
applicable conditions of the federal award.
• Evaluate each subrecipient’s risk of noncompliance with federal statutes, regulations and the
terms and conditions of the sub-award for purposes of determining the appropriate subrecipient
monitoring procedures.
• Oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable
to the use of funds.
• Review financial and performance reports.
• Follow-up and ensure that subrecipients take timely and appropriate action on all deficiencies
pertaining to the federal award provided to the subrecipient from the pass-through entity
detected through audits, on-site monitoring visits, and other means.
• Issue a management decision for audit findings pertaining to the federal award provided to the
subrecipient from the pass-through entity as required by 2 CFR 200.521 Management Decision.
• Verify that every subrecipient who is expected to expend $750,000 or more is audited as required
by 2 CFR 200 Subpart F Audit Requirements.
• Consider whether the results of the subrecipient’s audits, on-site monitoring visits or other
monitoring indicate conditions that necessitate adjustments to the pass-through entity’s own
records.
• Consider taking enforcement against noncompliant subrecipients as described in 2 CFR 200.338
Remedies.
Subrecipient Monitoring Process
On-site monitoring of grant-funded projects may be conducted by the U.S. Department of Justice or the
County of San Bernardino. At that time, the identified subrecipient agency will be required to provide
documentation supporting expenditures, and/or a physical review of items funded through the grant may
be requested.
To ensure full compliance with this legislative mandate, all grant related documentation to include
timesheets, invoices, purchase orders, canceled checks, and contracts must be maintained in a location
accessible to the person responsible for managing the sub-award, and the agency’s chief executive.
If it is determined funds are not being used for approved purposes, or if proper documentation is not
maintained, the amount in question must be returned to the U.S. Department of Justice. The subrecipient
agency may also be deemed ineligible for future federal funding.
On-Site Monitoring
The County of San Bernardino L&JG may conduct on-site monitoring. The monitoring will be based upon
performance and reported expenditure of funds. The monitoring will be based upon performance,
tracked through reports and regular correspondence. This method will ensure the subrecipient in greatest
need for assistance in managing their award is provided the necessary tools to be in full compliance with
U.S. Department of Justice requirements.
If selected for monitoring, the subrecipient will be notified at least 20 days prior to the monitoring. The
staff person responsible for managing the sub-award, the staff person assigned to managing fiscal
operations, the chief executive of the subrecipient agency, and any other applicable persons directly
involved in the oversight of grant funds will be asked to attend. Appropriate documentation will also be
requested for review. During the monitoring, the following items will be reviewed and/or discussed:
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invoices, timesheets, canceled checks, equipment purchased, policies and procedures, financial status
reports, performance reports and grant files.
If the subrecipient is non-compliant with award requirements, the following actions will be taken: The
County of San Bernardino will assist the subrecipient with the resolution of identified issues, a
recommendation to the U.S. Department of Justice for a federal monitoring of the sub-award will be
made, future payments will be withheld until all issues are resolved, and closer oversight of the
subrecipient by San Bernardino County will be implemented.
Project Accounting and Record Keeping
Adequate control of funds received to ensure compliance with federal and state regulations and grant
sub-award conditions will be accomplished. Separate records are maintained for each project to avoid
commingling of project funds with other funds.
Obligation and Expenditure of Funds
All Grant funds must be obligated by the termination date of the project.
Grant funds legally obligated by the termination date must be expended within the timeframe specified
within the Grant Contract, Agreement, or Sub-Award Agreement. Justice Assistance Grant funds must be
expended by the end of the project period.
Reporting Requirements
Submission of financial reports will be accomplished in accordance with the guidelines specified in the
Grant Contract, Agreement, or Sub-Award Agreement.
Subrecipient Audits – Uniform Grant Guidance and OMB Circular A-133 Compliance
Subrecipients are required to comply with the Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards in 2 CFR Part 200 (Uniform Grant Guidance) for federal awards
made on or after December 26, 2014, or with the OMB Circular A-133 for federal awards made prior to
December 26, 2014.
A single or program specific audit is required in any year that a government expends $750,000 or more a
year in federal awards. Both the Uniform Grant Guidance and the OMB Circular A-133 require audits to
be completed and submitted to the Federal Audit Clearinghouse (FAC) no later than nine (9) months after
the close of each fiscal year during the term of each grant award. As a condition of the sub-award
agreement, the Law and Justice Group will require the subrecipient to submit a copy of the audit, including
any corrective action plan within 30 days from the date of submission to the FAC. The Grant Coordinator
will review and ensure that the subrecipient audit reports are received and that all audit findings have
been resolved. Failure of the subrecipient to have audits performed as required may result in the
withholding of new discretionary awards and/or withholding of funds.
Project Closeout
The Grant Coordinator will schedule, monitor, and ensure timely completion of all required closeout
activities and final financial reports in conformance with the guidelines required by the awarding agency.
Inventory Control
Subrecipients will maintain an inventory of equipment purchased with grant funds and submit inventory
records to the Grants Coordinator if requested. Records shall be retained for a period of three years from
the date of the disposition or replacement or transfer at the discretion of the awarding agency. As
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equipment or other non-expendable property is purchased and received, it will be permanently marked,
a property inventory record completed, and the property inventory record will be made part of the
permanent grant sub-award file. Disposition of equipment will be done in accordance with the awarding
agency’s guidelines.
Retention Period
Project records must be maintained for the required period after the awarding agency determines that
the grantee has met all the project requirements and the project has been accepted for closeout. Records
will be maintained for a minimum of three years. The three-year retention period starts from the date of
the submission of the closure of the single audit report which covers the grant period and lasts until
completion of any disputes arising prior to the expiration of the three year period, whichever is later.
APPROVED BY:
G. Christopher Gardner, Chair
Law and Justice Group
_______June 1, 2020_______
Date
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County of San Bernardino
385 North Arrowhead Avenue
San Bernardino, CA 92415‐0123
Law and Justice Group
909‐387‐5005
Grant
Sub‐Award PAGE 1 OF 27
AWARD NUMBER: 2018‐DJ‐BX‐0650
SUB‐AWARD NUMBER: 2018‐DJ‐BX‐0650‐San Bernardino
AWARD DATE 11/16/2018
PREVIOUS AWARD AMOUNT $0
AMOUNT OF THIS AWARD $182,366
TOTAL SUB‐AWARD $182,366
SUBRECIPIENT NAME AND ADDRESS (Including Zip Code)
City of San Bernardino
290 North "D" Street
San Bernardino, CA 92401‐1709
SUBRECIPIENT DUNS NO.
80‐53‐49206
95‐6000772 BUDGET PERIOD: FROM 10/01/2017 TO 09/30/2021
SUBRECIPIENT IRS/VENDOR NO.PROJECT PERIOD: FROM 10/01/2017 TO 09/30/2021
PROJECT TITLE
FY 18 Local JAG Program
SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S), WHICH INCLUDE
THE AWARD CONTINUATION SHEETS (PAGES 2‐22), A SUPPLEMENTAL STATEMENT BY THE COUNTY OF SAN BERNARDINO (1 PAGE), AND THE SUBRECIPIENT
MONITORING PROCEDURES FOR THE COUNTY OF SAN BERNARDINO LAW AND JUSTICE GROUP (4 PAGES).
STATUTORY AUTHORITY FOR GRANT
This project is supported under FY18(BJA ‐ JAG State & JAG Local) Title I of Pub. L. No. 90‐351 (generally codified at 34 U.S.C. 10101 ‐ 10726), including subpart I
of part E (codified at 34 U.S.C. 10151 ‐ 10158); see also 28 U.S.C. 530C(a).
CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number)
16.738 ‐ Edward Byrne Memorial Justice Assistance Grant Program
GRANTEE APPROVAL SUBRECIPIENT ACCEPTANCE
TYPED NAME AND TITLE OF APPROVING OFFICIAL TYPED NAME AND TITLE OF AUTHORIZED SUBRECIPIENT OFFICIAL
G. Christopher Gardner, Chair Teri Ledoux, City Manager
San Bernardino County Law and Justice Group City of San Bernardino
__________________________________________________ __________________________________________________
SIGNATURE OF APPROVING OFFICIAL SIGNATURE OF AUTHORIZED SUBRECIPIENT OFFICIAL
__________________________________________________ __________________________________________________
DATE DATE
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AWARD CONTINUATION
SHEET
Grant
PAGE 2 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/16/2018PROJECT NUMBER 2018-DJ-BX-0650
SPECIAL CONDITIONS
Requirements of the award; remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award. Compliance with any certifications or assurances
submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material
requirement of this award.
Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, a
condition incorporated by reference below, or a certification or assurance related to conduct during the award period --
may result in the Office of Justice Programs ("OJP") taking appropriate action with respect to the recipient and the
award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award.
The Department of Justice ("DOJ"), including OJP, also may take other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment
or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621,
and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false
claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision
shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be
held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this
award.
Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted
and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY
2018 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2018 award
supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before
December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number
(regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that
are obligated on or after the acceptance date of this FY 2018 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards
("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at
any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF
425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at
any tier) must provide access, include performance measurement information, in addition to the financial records,
supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333.
In the event that an award-related question arises from documents or other materials prepared or distributed by OJP
that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the
recipient is to contact OJP promptly for clarification.
1.
2.
OJP FORM 4000/2 (REV. 4-88)
22
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AWARD CONTINUATION
SHEET
Grant
PAGE 3 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/16/2018PROJECT NUMBER 2018-DJ-BX-0650
SPECIAL CONDITIONS
Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website
(currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any
updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ
Grants Financial Guide.
Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially
reclassified to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a
number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including
many provisions previously codified in Title 42 of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been
reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to
Title 34. This rule of construction specifically includes references set out in award conditions, references set out in
material incorporated by reference through award conditions, and references set out in other award requirements.
Required training for Point of Contact and all Financial Points of Contact
Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully
completed an "OJP financial management and grant administration training" by 120 days after the date of the
recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2016, will satisfy
this condition.
In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or
FPOC must have successfully completed an "OJP financial management and grant administration training" by 120
calendar days after-- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new
POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful
completion of such a training on or after January 1, 2016, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for
purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition
include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to
comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate
conditions on this award.
Requirements related to "de minimis" indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis"
indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise
OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200
Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined
by the Part 200 Uniform Requirements.
3.
4.
5.
6.
OJP FORM 4000/2 (REV. 4-88)
22
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AWARD CONTINUATION
SHEET
Grant
PAGE 4 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/16/2018PROJECT NUMBER 2018-DJ-BX-0650
SPECIAL CONDITIONS
Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal
funds during the period of performance for this award, the recipient promptly must determine whether funds from any
of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the
identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ
awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ
awarding agency, must seek a budget-modification or change-of-project-scope grant adjustment notice (GAN) to
eliminate any inappropriate duplication of funding.
Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award Management (SAM),
currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM,
as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients
(first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the
recipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site
at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal
Identifier Requirements), and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to
any business or non-profit organization that he or she may own or operate in his or her name).
Requirement to report actual or imminent breach of personally identifiable information (PII)
The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an
actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient)-- 1) creates, collects, uses, processes, stores,
maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200.79) within the
scope of an OJP grant-funded program or activity, or 2) uses or operates a "Federal information system" (OMB
Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of
PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an
imminent breach.
All subawards ("subgrants") must have specific federal authorization
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for
authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants
administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement
"contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at
https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have
specific federal authorization), and are incorporated by reference here.
7.
8.
9.
10.
OJP FORM 4000/2 (REV. 4-88)
22
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AWARD CONTINUATION
SHEET
Grant
PAGE 5 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/16/2018PROJECT NUMBER 2018-DJ-BX-0650
SPECIAL CONDITIONS
Specific post-award approval required to use a noncompetitive approach in any procurement contract that would
exceed $150,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain
specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the
Simplified Acquisition Threshold (currently, $150,000). This condition applies to agreements that -- for purposes of
federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider
a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under
an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm
(Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract
(if contract would exceed $150,000)), and are incorporated by reference here.
Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and
OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including
requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the
part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees"
of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the
OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited
conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP
authority to terminate award)), and are incorporated by reference here.
Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and
other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations,
policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where
applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ),
including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ
Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").
Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and effectiveness of work under this award.
The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program
solicitation or other applicable written guidance. Data collection supports compliance with the Government
Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.
OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or
delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,
available at https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm.
11.
12.
13.
14.
15.
OJP FORM 4000/2 (REV. 4-88)
22
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AWARD CONTINUATION
SHEET
Grant
PAGE 6 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/16/2018PROJECT NUMBER 2018-DJ-BX-0650
SPECIAL CONDITIONS
Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold
award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient
does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform
Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits,
investigations, or reviews of DOJ awards.
Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency
(OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high-
risk" for purposes of the DOJ high-risk grantee list.
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an
equal employment opportunity program.
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and
prospective program beneficiaries.
Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of
religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice.
Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that
engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and
subrecipients that are faith-based or religious organizations.
The text of the regulation, now entitled "Partnerships with Faith-Based and Other Neighborhood Organizations," is
available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-
bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current"
data.
16.
17.
18.
19.
20.
OJP FORM 4000/2 (REV. 4-88)
22
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SHEET
Grant
PAGE 7 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/16/2018PROJECT NUMBER 2018-DJ-BX-0650
SPECIAL CONDITIONS
Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any
subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal,
modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There
may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be
barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any
subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of
Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or
cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending,
or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that
applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might
fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the
express prior written approval of OJP.
Compliance with general appropriations-law restrictions on the use of federal funds (FY 2018)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of
federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general
provisions" in the Consolidated Appropriations Act, 2018, are set out at
https://ojp.gov/funding/Explore/FY18AppropriationsRestrictions.htm, and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might
fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not
proceed without the express prior written approval of OJP.
Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct
The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office of the Inspector General
(OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person
has, in connection with funds under this award -- (1) submitted a claim that violates the False Claims Act; or (2)
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar
misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the
OIG by-- (1) mail directed to: Office of the Inspector General, U.S. Department of Justice, Investigations Division,
1425 New York Avenue, N.W. Suite 7100, Washington, DC 20530; and/or (2) the DOJ OIG hotline: (contact
information in English and Spanish) at (800) 869-4499 (phone) or (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
21.
22.
23.
OJP FORM 4000/2 (REV. 4-88)
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AWARD CONTINUATION
SHEET
Grant
PAGE 8 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/16/2018PROJECT NUMBER 2018-DJ-BX-0650
SPECIAL CONDITIONS
Restrictions and certifications regarding non-disclosure agreements and related matters
No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or
subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality
agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in
accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal
department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award, to contravene
requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to
sensitive compartmented information), or any other form issued by a federal department or agency governing the
nondisclosure of classified information.
1. In accepting this award, the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees
or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or
contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute
agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud,
or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt
written notification to the federal agency making this award, and will resume (or permit resumption of) such
obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or
both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds
(whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either
requires or has required internal confidentiality agreements or statements from employees or contractors that currently
prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste,
fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds
under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit
or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will
immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to
the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly
authorized to do so by that agency.
24.
OJP FORM 4000/2 (REV. 4-88)
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SHEET
Grant
PAGE 9 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/16/2018PROJECT NUMBER 2018-DJ-BX-0650
SPECIAL CONDITIONS
Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)
The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41
U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an
employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a
gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public
health or safety, or a violation of law, rule, or regulation related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of
employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to
contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.
Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg.
51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the course of performing work funded by this
award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease
crashes caused by distracted drivers.
Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ
If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time
during the course of the period of performance under this award, the recipient must disclose that fact and certain related
information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk
includes any status under which a federal awarding agency provides additional oversight due to the recipient's past
performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include
the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient
was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and
email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.
Cooperating with OJP Monitoring
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and
procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial
Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The
recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including
documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable
deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may
result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other
restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the
recipient as a DOJ High Risk grantee; or termination of an award(s).
25.
26.
27.
28.
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Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/16/2018PROJECT NUMBER 2018-DJ-BX-0650
SPECIAL CONDITIONS
FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or
more and, in certain circumstances, to report the names and total compensation of the five most highly compensated
executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient
obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted
on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and
Executive Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000, or (2) an
award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit
organization that he or she may own or operate in his or her name).
Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award
conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any
subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of
specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon
request, documentation of its policies and procedures for monitoring of subawards under this award.
Use of program income
Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of
the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly
Federal Financial Report, SF 425.
Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing
Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards
Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.ojp.gov/ gsp_grantcondition.
The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe
compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed
justification for why an alternative approach is recommended.
Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information
sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent
possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the
functionality of an existing or proposed IT system.
Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds under this award, the recipient (and
any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if
OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at
its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the
recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds.
29.
30.
31.
32.
33.
34.
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Office of Justice Programs
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AWARD DATE 11/16/2018PROJECT NUMBER 2018-DJ-BX-0650
SPECIAL CONDITIONS
Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP
policies and procedures regarding the protection of human research subjects, including obtainment of Institutional
Review Board approval, if appropriate, and subject informed consent.
Confidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231
and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further
agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28
C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.
Verification and updating of recipient contact information
The recipient must verify its Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized
Representative contact information in GMS, including telephone number and e-mail address. If any information is
incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System
(GMS) to document changes.
Law enforcement task forces - required training
Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds
who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank,
must complete required online (internet-based) task force training. Additionally, all future task force members must
complete this training once during the period of performance for this award, or once every four years if multiple OJP
awards include this requirement.
The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and
Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including
privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and
accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force
personnel roster, along with course completion certificates.
Additional information regarding the training is available through BJA's web site and the Center for Task Force
Integrity and Leadership (www.ctfli.org).
Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed
justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such
funds.
35.
36.
37.
38.
39.
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SPECIAL CONDITIONS
Submission of eligible records relevant to the National Instant Background Check System
Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34
U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific
project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions,
information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant
Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records
systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or
State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court
dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS
are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and
accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS-
relevant "eligible records".
In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent
monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any
such evidence in any express written determination regarding this condition.
Certification of Compliance with 8 U.S.C. 1373 and 1644 (within the funded "program or activity") required for valid
award acceptance by a local government
In order validly to accept this award, the applicant local government must submit the required "State or Local
Government: FY 2018 Certification of Compliance with 8 U.S.C. 1373 and 1644" (executed by the chief legal officer
of the local government). Unless that executed certification either-- (1) is submitted to OJP together with the fully-
executed award document, or (2) is uploaded in OJP's GMS no later than the day the signed award document is
submitted to OJP, any submission by a local government that purports to accept the award is invalid.
If an initial award-acceptance submission by the recipient is invalid, once the local government does submit the
necessary certification regarding 8 U.S.C. 1373 and 1644, it may submit a fully-executed award document executed by
the local government on or after the date of that certification.
For purposes of this condition, "local government" does not include any Indian tribe.
40.
41.
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Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/16/2018PROJECT NUMBER 2018-DJ-BX-0650
SPECIAL CONDITIONS
Noninterference (within the funded "program or activity") with federal law enforcement: 8 U.S.C. 1373 and 1644;
ongoing compliance
1. With respect to the "program or activity" funded in whole or part under this award (including any such program or
activity of any subrecipient at any tier), throughout the period of performance, no State or local government entity, -
agency, or -official may prohibit or in any way restrict-- (1) any government entity or -official from sending or
receiving information regarding citizenship or immigration status as described in 8 U.S.C. 1373(a); or (2) a government
entity or -agency from sending, requesting or receiving, maintaining, or exchanging information regarding immigration
status as described in either 8 U.S.C. 1373(b) or 1644. Any prohibition (or restriction) that violates this condition is an
"information-communication restriction" under this award.
2. Certifications from subrecipients. The recipient may not make a subaward to a State, a local government, or a
"public" institution of higher education, unless it first obtains a certification of compliance with 8 U.S.C. 1373 and
1644, properly executed by the chief legal officer of the government or educational institution that would receive the
subaward, using the appropriate form available at https://ojp.gov/funding/Explore/SampleCertifications-8USC1373.htm.
Also, the recipient must require that no subrecipient (at any tier) may make a further subaward to a State, a local
government, or a public institution of higher education, unless it first obtains a certification of compliance with 8
U.S.C. 1373 and 1644, properly executed by the chief legal officer of the government or institution that would receive
the further subaward, using the appropriate OJP form.
3. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of
this condition.
4. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the
extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a
local government, or a public institution of higher education, incurs to implement this condition.
5. Rules of Construction
A. For purposes of this condition:
(1) "State" and "local government" include any agency or other entity thereof, but not any institution of higher
education or any Indian tribe.
(2) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or
in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity,"
and its officials to be "government officials.")
(3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a).
(4) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terms that are defined in 8
U.S.C. 1101 mean what they mean under that section 1101, except that "State" also includes American Samoa.
(5) Pursuant to the provisions set out at (or referenced in) 8 U.S.C. 1551 note ("Abolition ... and Transfer of
Functions"), references to the "Immigration and Naturalization Service" in 8 U.S.C. 1373 and 1644 are to be read as
references to particular components of the Department of Homeland Security (DHS).
B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any
State or local government, any public institution of higher education, or any other entity (or individual) to violate any
federal law, including any applicable civil rights or nondiscrimination law.
IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before
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SPECIAL CONDITIONS
award acceptance.
Authority to obligate award funds contingent on noninterference (within the funded "program or activity") with federal
law enforcement (8 U.S.C. 1373 and 1644); unallowable costs; notification
1. If the recipient is a "State," a local government, or a "public" institution of higher education:
A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient
(or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is
funded in whole or in part with award funds is subject to any "information-communication restriction."
B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to
reimburse itself if -- at the time it incurs such costs -- the program or activity of the recipient (or of any subrecipient
at any tier that is a State, a local government, or a public institution of higher education) that would be reimbursed in
whole or in part with award funds was subject to any information-communication restriction.
C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation
by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient
(regardless of tier) that is a State, local government, or public institution of higher education, is in compliance with the
award condition entitled "Noninterference (within the funded 'program or activity') with federal law enforcement: 8
U.S.C. 1373 and 1644 and ongoing compliance."
D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance
with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the
recipient, or of any subrecipient at any tier that is either a State or a local government or a public institution of higher
education, may be subject to any information-communication restriction. In addition, any subaward (at any tier) to a
subrecipient that is a State, a local government, or a public institution of higher education must require prompt
notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an
information-communication restriction.
2. Any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher
education must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program
or activity of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with
award funds is subject to any information-communication restriction.
3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling
circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and
transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award
funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any
such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent
monitoring of subrecipient compliance with the requirements set out in the "Noninterference ... 8 U.S.C. 1373 and 1644
and ongoing compliance" award condition.
4. Rules of Construction
A. For purposes of this condition "information-communication restriction" has the meaning set out in the
"Noninterference ... 8 U.S.C. 1373 and 1644 and ongoing compliance" condition.
B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference ... 8 U.S.C. 1373 and
1644 and ongoing compliance" condition are incorporated by reference as though set forth here in full.
43.
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Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/16/2018PROJECT NUMBER 2018-DJ-BX-0650
SPECIAL CONDITIONS
Noninterference (within the funded "program or activity") with federal law enforcement: No public disclosure of
certain law enforcement sensitive information
SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the
award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance. Its
provisions must be among those included in any subaward (at any tier).
1. Noninterference: No public disclosure of federal law enforcement information in order to conceal, harbor, or shield
Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8
U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no public disclosure may be made of any federal law enforcement
information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18
U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12 --
without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C.
1071 or 1072 or of 8 U.S.C. 1324(a).
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this
condition.
4. Rules of construction
A. For purposes of this condition--
(1) the term "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C.
1101(a)(3));
(2) the term "federal law enforcement information" means law enforcement sensitive information communicated or
made available, by the federal government, to a State or local government entity, -agency, or -official, through any
means, including, without limitation-- (1) through any database, (2) in connection with any law enforcement
partnership or -task-force, (3) in connection with any request for law enforcement assistance or -cooperation, or (4)
through any deconfliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal
law enforcement activity;
(3) the term "law enforcement sensitive information" means records or information compiled for any law enforcement
purpose; and
(4) the term "public disclosure" means any communication or release other than one-- (a) within the recipient, or (b) to
any subrecipient (at any tier) that is a government entity.
B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded
'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award
condition are incorporated by reference as though set forth here in full.
44.
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AWARD DATE 11/16/2018PROJECT NUMBER 2018-DJ-BX-0650
SPECIAL CONDITIONS
Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens
SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by this
award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance for
the award. Its provisions must be among those included in any subaward (at any tier).
1. Noninterference with statutory law enforcement access to correctional facilities
Consonant with federal law enforcement statutes and regulations -- including 8 U.S.C. 1357(a), under which certain
federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien
as to his right to be or to remain in the United States," and 8 C.F.R. 287.5(a), under which that power may be exercised
"anywhere in or outside the United States" -- within the funded program or activity, no State or local government
entity, -agency, or -official may interfere with the exercise of that power to interrogate "without warrant" (by agents of
the United States acting under color of federal law) by impeding access to any State or local government (or
government-contracted) correctional facility by such agents for the purpose "interrogat[ing] any alien or person
believed to be an alien as to his [or her] right to be or to remain in the United States."
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this
condition.
4. Rules of construction
A. For purposes of this condition:
(1) The term "alien" means what it means under section 101 of the Immigration and Nationality Act (INA) (see 8
U.S.C. 1101(a)(3)).
(2) The term "correctional facility" means what it means under the title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (see 34 U.S.C. 10251(a)(7)).
(3) The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule,
or practice, that--
(a) is designed to prevent or to significantly delay or complicate, or
(b) has the effect of preventing or of significantly delaying or complicating.
B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded
'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award
condition are incorporated by reference as though set forth here in full.
45.
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SPECIAL CONDITIONS
Noninterference (within the funded "program or activity") with federal law enforcement: Notice of scheduled release
SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the
award, as of the date the recipient accepts the award, and throughout the remainder of the period of performance. Its
provisions must be among those included in any subaward at any tier.
1. Noninterference with "removal" process: Notice of scheduled release date and time
Consonant with federal law enforcement statutes -- including 8 U.S.C. 1231 (for an alien incarcerated by a State or
local government, a 90-day "removal period" during which the federal government "shall" detain and then "shall"
remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the
federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with
respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take
into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual DOJ report
to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the
prompt removal" from the U.S. of removable "criminal aliens") -- within the funded program or activity, no State or
local government entity, -agency, or -official (including a government-contracted correctional facility) may interfere
with the "removal" process by failing to provide -- as early as practicable (see para. 4.C. below) -- advance notice to
DHS of the scheduled release date and time for a particular alien, if a State or local government (or government-
contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such
advance notice.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this
condition.
4. Rules of construction
A. For purposes of this condition:
(1) The term "alien" means what it means under section 101 of the INA (see 8 U.S.C. 1101(a)(3)).
(2) The term "correctional facility" means what it means under the title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (see 34 U.S.C. 10251(a)(7)).
B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any
State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the
date and time the individual otherwise would have been released.
C. Applicability
(1) Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least
48 hours, if possible)." (See DHS Form I-247A (3/17)). If (e.g., in light of the date DHS made such request) the
scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested, it
shall NOT be a violation of this condition to provide only as much advance notice as practicable.
(2) Current DHS practice is to use the same form for a second, distinct purpose -- to request that an individual be
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SPECIAL CONDITIONS
detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such DHS requests for
detention.
D. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded
'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award
condition are incorporated by reference as though set forth here in full.
Requirement to collect certain information from subrecipients
The recipient may not make a subaward to a State, a local government, or a "public" institution of higher education,
unless it first obtains from the proposed subrecipient responses to the questions identified in the program solicitation as
"Information regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and
Customs Enforcement (ICE)." All subrecipient responses must be collected and maintained by the recipient, consistent
with regular document retention requirements, and must be made available to DOJ upon request. Responses to these
questions are not required from subrecipients that are either a tribal government/organization, a nonprofit organization,
or a private institution of higher education.
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AWARD CONTINUATION
SHEET
Grant
PAGE 19 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/16/2018PROJECT NUMBER 2018-DJ-BX-0650
SPECIAL CONDITIONS
Compliance with National Environmental Policy Act and related statutes
Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National
Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental
impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient.
Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior
to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by
the award, the recipient agrees to contact BJA.
The recipient understands that this condition applies to new activities as set out below, whether or not they are being
specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a
subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition
must first be met. The activities covered by this condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including
properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or
eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic
prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an
incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or
education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the
identification, seizure, or closure of clandestine methamphetamine laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental
Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and
agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for
programs relating to methamphetamine laboratory operations.
Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its
subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific
request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental
assessment of that funded program or activity.
Establishment of trust fund
If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is
required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal
awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund,
including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the
Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award
funds in the trust fund (including any interest earned) during the period of performance for the award and expend
within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at
the time of closeout.
48.
49.
OJP FORM 4000/2 (REV. 4-88)
22
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AWARD CONTINUATION
SHEET
Grant
PAGE 20 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/16/2018PROJECT NUMBER 2018-DJ-BX-0650
SPECIAL CONDITIONS
Prohibition on use of award funds for match under BVP program
JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program.
Certification of body armor "mandatory wear" policies
The recipient agrees to submit a signed certification that all law enforcement agencies receiving body armor purchased
with funds from this award have a written "mandatory wear" policy in effect. The recipient must keep signed
certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stab-
resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from
this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy
other than it be a mandatory wear policy for all uniformed officers while on duty.
Body armor - compliance with NIJ standards and other requirements
Ballistic-resistant and stab-resistant body armor purchased with JAG award funds may be purchased at any threat
level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to
comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body
Armor Model List (https://nij.gov/topics/technology/body-armor/Pages/compliant-ballistic-armor.aspx). In addition,
ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely
fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information can be found here: https:/ / nij.gov/
topics/ technology/ body-armor/ pages/ safety-initiative.aspx.
Body armor - impact on eligibility for other program funds
The recipient understands that the use of funds under this award for purchase of body armor may impact eligibility for
funding under the Bulletproof Vest Partnership (BVP) program, a separate program operated by BJA, pursuant to the
BVP statute at 34 USC 10531(c)(5).
Reporting requirements
The recipient must submit quarterly Federal Financial Reports (SF-425) and semi-annual performance reports through
OJP's GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government
Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that
measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's
Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on
reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required
JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation.
Required data on law enforcement agency training
Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly
accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de-
escalation of conflict, and constructive engagement with the public.
Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as
set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such
expenditures essential to the maintenance of public safety and good order.
50.
51.
52.
53.
54.
55.
56.
OJP FORM 4000/2 (REV. 4-88)
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AWARD CONTINUATION
SHEET
Grant
PAGE 21 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/16/2018PROJECT NUMBER 2018-DJ-BX-0650
SPECIAL CONDITIONS
Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2017
The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of
the first day of the period of performance for the award (October 1, 2017), however, the recipient may choose to incur
project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a
minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are
removed by OJP (via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that
precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the
condition is removed.)
Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at-
risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding
condition through a Grant Adjustment Notice, the recipient is authorized to obligate (federal) award funds to reimburse
itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior to
award acceptance or prior to removal of an applicable withholding condition), provided that those project costs
otherwise are allowable costs under the award.
Nothing in this condition shall be understood to authorize the recipient (or any subrecipient at any tier) to use award
funds to "supplant" State or local funds in violation of the recipient's certification (executed by the chief executive of
the State or local government) that federal funds will be used to increase the amounts of such funds that would, in the
absence of federal funds, be made available for law enforcement activities.
Use of funds for DNA testing; upload of DNA profiles
If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded
to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA
laboratory with access to CODIS.
No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without
prior express written approval from BJA.
Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may
be accepted for entry into CODIS.
Three percent set-aside for NIBRS compliance
The recipient must ensure that at least 3 percent of the total amount of this award is dedicated to achieving full
compliance with the FBI's National Incident-Based Reporting System (NIBRS), unless the FBI or appropriate State
official has certified that the recipient locality is already NIBRS compliant, and evidence of this has been submitted to
and approved by BJA. The recipient will be required by BJA to make revisions to budgets that do not clearly indicate
what projects will be supported by this 3 percent set-aside, unless evidence of NIBRS compliance has been submitted
to and approved by BJA. Recipients serving as fiscal agents for "disparate jurisdictions," (as defined at 34 USC
10156(d)(4)) have to pass this requirement through to in subawards to other localities in the disparate jurisdiction, so
that each locality in a disparate jurisdiction group dedicates at least 3 percent of award funds to NIBRS compliance,
unless, with respect to each locality in the disparate jurisdiction group, evidence of NIBRS compliance has been
submitted to and approved by BJA.
57.
58.
59.
OJP FORM 4000/2 (REV. 4-88)
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AWARD CONTINUATION
SHEET
Grant
PAGE 22 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/16/2018PROJECT NUMBER 2018-DJ-BX-0650
SPECIAL CONDITIONS
Encouragement of submission of "success stories"
BJA strongly encourages the recipient to submit annual (or more frequent) JAG success stories. To submit a success
story, sign in to a My BJA account at https:/ / www.bja.gov/ Login.aspx to access the Success Story Submission form. If
the recipient does not yet have a My BJA account, please register at https:/ / www.bja.gov/ profile.aspx. Once
registered, one of the available areas on the My BJA page will be "My Success Stories." Within this box, there is an
option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the BJA Success
Story web page at https:/ / www.bja.gov/ SuccessStoryList.aspx.
Withholding of funds: Required certification from the chief executive of the applicant government
The recipient may not obligate, expend, or draw down any award funds until the recipient submits the required
"Certifications and Assurances by the Chief Executive of the Applicant Government," properly-executed (as
determined by OJP), and a Grant Adjustment Notice (GAN) has been issued to remove this condition.
Withholding of funds: NIBRS set-aside
The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and BJA reviews
and accepts, a budget that clearly dedicates at least 3 percent of the total amount of the award to NIBRS compliance
activities or documentation showing that the recipient has been certified as NIBRS compliant, and a Grant Adjustment
Notice (GAN) has been issued to remove this condition.
Withholding of funds: Memorandum of Understanding
The recipient may not obligate, expend, or draw down any award funds until OJP has reviewed and approved the
Memorandum of Understanding (MOU), and a Grant Adjustment Notice (GAN) has been issued to remove this
condition.
Withholding of funds: Budget narrative or information
The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and OJP reviews
and accepts, the required budget information or narrative for the award, and a Grant Adjustment Notice (GAN) has
been issued to remove this condition.
Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and
administrative proceedings to SAM and FAPIIS
The recipient must comply with any and all applicable requirements regarding reporting of information on civil,
criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or
any other grant, cooperative agreement, or procurement contract from the federal government. Under certain
circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal
System for Award Management (known as "SAM"), to the designated federal integrity and performance system
(currently, "FAPIIS").
The details of recipient obligations regarding the required reporting (and updating) of information on certain civil,
criminal, and administrative proceedings to the federal designated integrity and performance system (currently,
"FAPIIS") within SAM are posted on the OJP web site at https://ojp.gov/funding/FAPIIS.htm (Award condition:
Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by
reference here.
60.
61.
62.
63.
64.
65.
OJP FORM 4000/2 (REV. 4-88)
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County of San Bernardino
385 North Arrowhead Avenue
San Bernardino, CA 92415‐0123
Law and Justice Group
909‐387‐5005
Grant
Supplemental
Statement
PAGE 23 OF 27
AWARD NUMBER: 2018‐DJ‐BX‐0650
AWARD DATE 11/16/2018
PREVIOUS AWARD AMOUNT $0
AMOUNT OF THIS AWARD $638,246
TOTAL AWARD $638,246
RECIPIENT NAME AND ADDRESS (Including Zip Code)
BUDGET PERIOD: FROM 10/01/2017 TO 09/30/2021
County of San Bernardino
385 North Arrowhead Avenue
San Bernardino, CA 92415‐0123
PROJECT PERIOD: FROM 10/01/2017 TO 09/30/2021
GRANTEE IRS/VENDOR NO.
956002748
GRANTEE DUNS NO.
136763120
PROJECT TITLE
FY 18 Local JAG Program
SUPPLEMENTAL STATEMENT
It is our understanding pursuant to the lawsuit filed by the California Attorney General challenging the imposition of immigration enforcement
requirements that were added to the FY 2018 JAG funding, that the U.S. District Court for the Northern District of California found the immigration
enforcement requirements unconstitutional and enjoined the enforcement of those requirements (California v. Sessions II). The 2018 JAG Grant Award
documents include the immigration enforcement requirements in paragraphs 41, 42, 43, 44, 45, 46 and 47 of those documents.Please note that
acceptance of the award for 2018 does not constitute acceptance of the immigration enforcement requirements. While the U.S. DOJ requires that as a
recipient of the grant, we must initial every page of the award, the initialing of the pages is only an acknowledgement of receipt, nor a certification of
action or acceptance of any particular immigration enforcement requirement or condition on an initialed page. Also, please note that we are not
submitting the “State or Local Government: FY 2018 Certification of Compliance with 8 U.S.C. 1373 and 1644” referenced in paragraphs 41 and 42 or the
“State or Local Government: FY 2018 Certification Relating to 8 U.S.C.1226(a) and (c), 1231(a), 1324(a), 1357(a), and 1366(1) and (3).” In addition,we
are striking paragraphs 7 and 8 that refer to those two certifications in the “Certification and Assurances by the Chief Executive of the Applicant
Government.” Additionally, please note we will not execute or require our subrecipients to execute the Certification of Compliance with 8 U.S.C. 1373
and 1644.*
CHIEF EXECUTIVE APPROVAL CHIEF LEGAL OFFICER APPROVAL
TYPED NAME AND TITLE OF CHIEF EXECUTIVE TYPED NAME AND TITLE OF CHIEF LEGAL OFFICER
Gary McBride, Chief Executive Officer Michelle Blakemore, County Counsel
County of San Bernardino County of San Bernardino
__________________________________________________ __________________________________________________
SIGNATURE OF CHIEF EXECUTIVE SIGNATURE OF CHIEF LEGAL OFFICER
__________________________________________________ __________________________________________________
DATE DATE
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Subrecipient Monitoring Procedures
County of San Bernardino
Law and Justice Group
Grant Award/Sub-Award Process
When the Law and Justice Group (L&JG) has been notified that it has been awarded a grant, a Board
Agenda Item to accept the grant will be prepared and submitted to the Board of Supervisors (BOS) for
approval. Where there is a sub-award to be granted, a Sub-Award Agreement will be prepared by the
L&JG (recipient) and approved by the BOS and the subrecipient. The appropriate officials will sign the
sub-award documents. The Sub-Award Agreement will identify the federal award information and
applicable compliance requirements, including applicable special conditions for each federal sub-award.
The Sub-Award Agreement will include the Grant Award Number, Award Date, Catalog of Federal
Domestic Assistance (CFDA) number, Project Title, Project Period, Award Amount, and all applicable
Special Conditions for the sub-award. The L&JG’s Subrecipient Monitoring Procedures will be included in
the Sub-Award Agreement.
Grant Revenue
When notified that a grant award has been made, the Grant Coordinator requests a budget code for the
grant award from the Auditor-Controller/Treasurer/Tax Collector (ATC), and submits appropriate budget
documents for the Board of Supervisors approval. Once the budget is established, the Grant Coordinator
requests a drawdown of grant funds and deposits the funds into the applicable special revenue fund.
Timeframes for the drawdown requests will be accomplished in accordance with award requirements
specified by the awarding agency. The Grant Coordinator maintains a record of revenues requested and
received and reconciles the account.
Disbursement of Funds to Subrecipients
When disbursing sub-award funds to subrecipients, the Grant Coordinator will prepare the appropriate
payment document. The payment document is reviewed and approved by the Chair of the L&JG. The
ATC processes payments and disbursement of funds.
To notify subrecipients of the federal award number, CFDA number, and the amount of federal funds at
the time of the disbursement of funds, the following steps will be followed:
• The payment documents will reference the federal award number, CDFA number, and the amount
of federal funds.
• Correspondence will be sent to subrecipients at the time of disbursement identifying the payment
and detailing the required federal information.
Subrecipient Monitoring Requirement
Sub-awards will be monitored in accordance with all applicable statutes, regulations, the Uniform Grant
Guidance, OMB Circulars, and guidelines, including the Office of Justice Programs Financial Guide. The
recipient will include the applicable conditions of this award in any sub-award. The recipient is responsible
for the following:
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• Ensure that every sub-award is clearly identified to the subrecipient as a sub-award and includes
applicable conditions of the federal award.
• Evaluate each subrecipient’s risk of noncompliance with federal statutes, regulations and the
terms and conditions of the sub-award for purposes of determining the appropriate subrecipient
monitoring procedures.
• Oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable
to the use of funds.
• Review financial and performance reports.
• Follow-up and ensure that subrecipients take timely and appropriate action on all deficiencies
pertaining to the federal award provided to the subrecipient from the pass-through entity
detected through audits, on-site monitoring visits, and other means.
• Issue a management decision for audit findings pertaining to the federal award provided to the
subrecipient from the pass-through entity as required by 2 CFR 200.521 Management Decision.
• Verify that every subrecipient who is expected to expend $750,000 or more is audited as required
by 2 CFR 200 Subpart F Audit Requirements.
• Consider whether the results of the subrecipient’s audits, on-site monitoring visits or other
monitoring indicate conditions that necessitate adjustments to the pass-through entity’s own
records.
• Consider taking enforcement against noncompliant subrecipients as described in 2 CFR 200.338
Remedies.
Subrecipient Monitoring Process
On-site monitoring of grant-funded projects may be conducted by the U.S. Department of Justice or the
County of San Bernardino. At that time, the identified subrecipient agency will be required to provide
documentation supporting expenditures, and/or a physical review of items funded through the grant may
be requested.
To ensure full compliance with this legislative mandate, all grant related documentation to include
timesheets, invoices, purchase orders, canceled checks, and contracts must be maintained in a location
accessible to the person responsible for managing the sub-award, and the agency’s chief executive.
If it is determined funds are not being used for approved purposes, or if proper documentation is not
maintained, the amount in question must be returned to the U.S. Department of Justice. The subrecipient
agency may also be deemed ineligible for future federal funding.
On-Site Monitoring
The County of San Bernardino L&JG may conduct on-site monitoring. The monitoring will be based upon
performance and reported expenditure of funds. The monitoring will be based upon performance,
tracked through reports and regular correspondence. This method will ensure the subrecipient in greatest
need for assistance in managing their award is provided the necessary tools to be in full compliance with
U.S. Department of Justice requirements.
If selected for monitoring, the subrecipient will be notified at least 20 days prior to the monitoring. The
staff person responsible for managing the sub-award, the staff person assigned to managing fiscal
operations, the chief executive of the subrecipient agency, and any other applicable persons directly
involved in the oversight of grant funds will be asked to attend. Appropriate documentation will also be
requested for review. During the monitoring, the following items will be reviewed and/or discussed:
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invoices, timesheets, canceled checks, equipment purchased, policies and procedures, financial status
reports, performance reports and grant files.
If the subrecipient is non-compliant with award requirements, the following actions will be taken: The
County of San Bernardino will assist the subrecipient with the resolution of identified issues, a
recommendation to the U.S. Department of Justice for a federal monitoring of the sub-award will be
made, future payments will be withheld until all issues are resolved, and closer oversight of the
subrecipient by San Bernardino County will be implemented.
Project Accounting and Record Keeping
Adequate control of funds received to ensure compliance with federal and state regulations and grant
sub-award conditions will be accomplished. Separate records are maintained for each project to avoid
commingling of project funds with other funds.
Obligation and Expenditure of Funds
All Grant funds must be obligated by the termination date of the project.
Grant funds legally obligated by the termination date must be expended within the timeframe specified
within the Grant Contract, Agreement, or Sub-Award Agreement. Justice Assistance Grant funds must be
expended by the end of the project period.
Reporting Requirements
Submission of financial reports will be accomplished in accordance with the guidelines specified in the
Grant Contract, Agreement, or Sub-Award Agreement.
Subrecipient Audits – Uniform Grant Guidance and OMB Circular A-133 Compliance
Subrecipients are required to comply with the Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards in 2 CFR Part 200 (Uniform Grant Guidance) for federal awards
made on or after December 26, 2014, or with the OMB Circular A-133 for federal awards made prior to
December 26, 2014.
A single or program specific audit is required in any year that a government expends $750,000 or more a
year in federal awards. Both the Uniform Grant Guidance and the OMB Circular A-133 require audits to
be completed and submitted to the Federal Audit Clearinghouse (FAC) no later than nine (9) months after
the close of each fiscal year during the term of each grant award. As a condition of the sub-award
agreement, the Law and Justice Group will require the subrecipient to submit a copy of the audit, including
any corrective action plan within 30 days from the date of submission to the FAC. The Grant Coordinator
will review and ensure that the subrecipient audit reports are received and that all audit findings have
been resolved. Failure of the subrecipient to have audits performed as required may result in the
withholding of new discretionary awards and/or withholding of funds.
Project Closeout
The Grant Coordinator will schedule, monitor, and ensure timely completion of all required closeout
activities and final financial reports in conformance with the guidelines required by the awarding agency.
Inventory Control
Subrecipients will maintain an inventory of equipment purchased with grant funds and submit inventory
records to the Grants Coordinator if requested. Records shall be retained for a period of three years from
the date of the disposition or replacement or transfer at the discretion of the awarding agency. As
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equipment or other non-expendable property is purchased and received, it will be permanently marked,
a property inventory record completed, and the property inventory record will be made part of the
permanent grant sub-award file. Disposition of equipment will be done in accordance with the awarding
agency’s guidelines.
Retention Period
Project records must be maintained for the required period after the awarding agency determines that
the grantee has met all the project requirements and the project has been accepted for closeout. Records
will be maintained for a minimum of three years. The three-year retention period starts from the date of
the submission of the closure of the single audit report which covers the grant period and lasts until
completion of any disputes arising prior to the expiration of the three year period, whichever is later.
APPROVED BY:
G. Christopher Gardner, Chair
Law and Justice Group
_______June 1, 2020_______
Date
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County of San Bernardino
385 North Arrowhead Avenue
San Bernardino, CA 92415‐0123
Law and Justice Group
909‐387‐5005
Grant
Sub‐Award PAGE 1 OF 35
AWARD NUMBER: 2019‐DJ‐BX‐0699
SUB‐AWARD NUMBER: 2019‐DJ‐BX‐0699‐San Bernardino
AWARD DATE 09/18/2019
PREVIOUS AWARD AMOUNT $0
AMOUNT OF THIS AWARD $186,471
TOTAL SUB‐AWARD $186,471
SUBRECIPIENT NAME AND ADDRESS (Including Zip Code)
City of San Bernardino
290 North "D" Street
San Bernardino, CA 92401‐1709
SUBRECIPIENT DUNS NO.
80‐53‐49206
95‐6000772 BUDGET PERIOD: FROM 10/01/2018 TO 09/30/2022
SUBRECIPIENT IRS/VENDOR NO.PROJECT PERIOD: FROM 10/01/2018 TO 09/30/2022
PROJECT TITLE
FY 19 Local JAG Program
SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S), WHICH INCLUDE
THE AWARD CONTINUATION SHEETS (PAGES 2‐30), A SUPPLEMENTAL STATEMENT BY THE COUNTY OF SAN BERNARDINO (1 PAGE), AND THE SUBRECIPIENT
MONITORING PROCEDURES FOR THE COUNTY OF SAN BERNARDINO LAW AND JUSTICE GROUP (4 PAGES).
STATUTORY AUTHORITY FOR GRANT
This project is supported under FY19(BJA ‐ JAG State and JAG Local) Title I of Pub. L. No. 90‐351 (generally codified at 34 U.S.C. 10151‐10726), including subpart
1 of part E (codified at 34 U.S.C. 10151 ‐ 10158); see also 28 U.S.C. 530C(a).
CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number)
16.738 ‐ Edward Byrne Memorial Justice Assistance Grant Program
GRANTEE APPROVAL SUBRECIPIENT ACCEPTANCE
TYPED NAME AND TITLE OF APPROVING OFFICIAL TYPED NAME AND TITLE OF AUTHORIZED SUBRECIPIENT OFFICIAL
G. Christopher Gardner, Chair Teri Ledoux, City Manager
San Bernardino County Law and Justice Group City of San Bernardino
__________________________________________________ __________________________________________________
SIGNATURE OF APPROVING OFFICIAL SIGNATURE OF AUTHORIZED SUBRECIPIENT OFFICIAL
__________________________________________________ __________________________________________________
DATE DATE
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AWARD CONTINUATION
SHEET
Grant
PAGE 2 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/18/2019PROJECT NUMBER 2019-DJ-BX-0699
SPECIAL CONDITIONS
Requirements of the award; remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award. Compliance with any assurances or certifications
submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material
requirement of this award. By signing and accepting this award on behalf of the recipient, the authorized recipient
official accepts all material requirements of the award, and specifically adopts all such assurances or certifications as if
personally executed by the authorized recipient official.
Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, a
condition incorporated by reference below, or an assurance or certification related to conduct during the award period -
- may result in the Office of Justice Programs ("OJP") taking appropriate action with respect to the recipient and the
award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award.
The U.S. Department of Justice ("DOJ"), including OJP, also may take other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment
or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621,
and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false
claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision
shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be
held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this
award.
Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted
and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY
2019 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2019 award
supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before
December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number
(regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that
are obligated on or after the acceptance date of this FY 2019 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards
("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at
any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF
425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at
any tier) must provide access, include performance measurement information, in addition to the financial records,
supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333.
In the event that an award-related question arises from documents or other materials prepared or distributed by OJP
that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the
recipient is to contact OJP promptly for clarification.
1.
2.
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AWARD DATE 09/18/2019PROJECT NUMBER 2019-DJ-BX-0699
SPECIAL CONDITIONS
Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website
(currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any
updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ
Grants Financial Guide.
Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially
reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The
reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and
cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been
reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to
Title 34. This rule of construction specifically includes references set out in award conditions, references set out in
material incorporated by reference through award conditions, and references set out in other award requirements.
Required training for Point of Contact and all Financial Points of Contact
Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully
completed an "OJP financial management and grant administration training" by 120 days after the date of the
recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2017, will satisfy
this condition.
In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or
FPOC must have successfully completed an "OJP financial management and grant administration training" by 120
calendar days after -- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new
POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful
completion of such a training on or after January 1, 2017, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for
purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition
include a session on grant fraud prevention and detection
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to
comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate
conditions on this award.
Requirements related to "de minimis" indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis"
indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise
OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200
Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined
by the Part 200 Uniform Requirements.
3.
4.
5.
6.
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SPECIAL CONDITIONS
Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal
funds during the period of performance for this award, the recipient promptly must determine whether funds from any
of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the
identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ
awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ
awarding agency, must seek a budget-modification or change-of-project-scope grant adjustment notice (GAN) to
eliminate any inappropriate duplication of funding.
Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award Management (SAM),
currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM,
as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients
(first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the
recipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site
at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal
Identifier Requirements), and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to
any business or non-profit organization that he or she may own or operate in his or her name).
7.
8.
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SPECIAL CONDITIONS
Employment eligibility verification for hiring under the award
1. The recipient (and any subrecipient at any tier) must--
A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole
or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the
individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1) and (2).
B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under
this award of both--
(1) this award requirement for verification of employment eligibility, and
(2) the associated provisions in 8 U.S.C. 1324a(a)(1) and (2) that, generally speaking, make it unlawful, in the United
States, to hire (or recruit for employment) certain aliens.
C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award
requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1) and (2).
D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain
records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with
Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.
4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes
(without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the
hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.
B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the
recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an
appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper
E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to
confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or
in part) with award funds.
C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United
States, and the Commonwealth of the Northern Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or
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SPECIAL CONDITIONS
any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient
at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1)
and (2).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify
website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E-
Verify at E-VerifyEmployerAgent@dhs.gov.
Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.
Requirement to report actual or imminent breach of personally identifiable information (PII)
The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an
actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores,
maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200.79) within the
scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB
Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of
PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an
imminent breach.
All subawards ("subgrants") must have specific federal authorization
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for
authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants
administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement
"contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at
https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have
specific federal authorization), and are incorporated by reference here.
Specific post-award approval required to use a noncompetitive approach in any procurement contract that would
exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain
specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the
Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of
federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider
a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under
an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm
(Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract
(if contract would exceed $250,000)), and are incorporated by reference here.
10.
11.
12.
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SPECIAL CONDITIONS
Unreasonable restrictions on competition under the award; association with federal government
SCOPE. This condition applies with respect to any procurement of property or services that is funded (in whole or in
part) by this award, whether by the recipient or by any subrecipient at any tier, and regardless of the dollar amount of
the purchase or acquisition, the method of procurement, or the nature of any legal instrument used. The provisions of
this condition must be among those included in any subaward (at any tier).
1. No discrimination, in procurement transactions, against associates of the federal government
Consistent with the (DOJ) Part 200 Uniform Requirements -- including as set out at 2 C.F.R. 200.300 (requiring
awards to be "manage[d] and administer[ed] in a manner so as to ensure that Federal funding is expended and
associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and
200.319(a) (generally requiring "[a]ll procurement transactions [to] be conducted in a manner providing full and open
competition" and forbidding practices "restrictive of competition," such as "[p]lacing unreasonable requirements on
firms in order for them to qualify to do business" and taking "[a]ny arbitrary action in the procurement process") -- no
recipient (or subrecipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on
the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or
entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R.
200.319(a) or as specifically authorized by USDOJ.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.
4. Rules of construction
A. The term "associate of the federal government" means any person or entity engaged or employed (in the past or at
present) by or on behalf of the federal government -- as an employee, contractor or subcontractor (at any tier), grant
recipient or -subrecipient (at any tier), agent, or otherwise -- in undertaking any work, project, or activity for or on
behalf of (or in providing goods or services to or on behalf of) the federal government, and includes any applicant for
such employment or engagement, and any person or entity committed by legal instrument to undertake any such work,
project, or activity (or to provide such goods or services) in future.
B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or
any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.
13.
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AWARD DATE 09/18/2019PROJECT NUMBER 2019-DJ-BX-0699
SPECIAL CONDITIONS
Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and
OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including
requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the
part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees"
of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the
OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited
conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP
authority to terminate award)), and are incorporated by reference here.
Determination of suitability to interact with participating minors
SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by
DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an
associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by
the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.
The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may
interact with participating minors. This requirement applies regardless of an individual's employment status.
The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm
(Award condition: Determination of suitability required, in advance, for certain individuals who may interact with
participating minors), and are incorporated by reference here.
Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and
other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations,
policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where
applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ),
including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ
Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").
Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and effectiveness of work under this award.
The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program
solicitation or other applicable written guidance. Data collection supports compliance with the Government
Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.
OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or
delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,
available at https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm.
14.
15.
16.
17.
18.
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SPECIAL CONDITIONS
Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold
award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient
does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform
Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits,
investigations, or reviews of DOJ awards.
Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency
(OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high-
risk" for purposes of the DOJ high-risk grantee list.
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an
equal employment opportunity program.
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding
written notice to program beneficiaries and prospective program beneficiaries.
Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the
basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious
practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient
("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements
that pertain to recipients and subrecipients that are faith-based or religious organizations.
The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at
https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part
38, under e-CFR "current" data.
19.
20.
21.
22.
23.
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SPECIAL CONDITIONS
Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any
subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal,
modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There
may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be
barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any
subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of
Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or
cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending,
or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that
applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might
fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the
express prior written approval of OJP.
Compliance with general appropriations-law restrictions on the use of federal funds (FY 2019)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of
federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general
provisions" in the Consolidated Appropriations Act, 2019, are set out at
https://ojp.gov/funding/Explore/FY19AppropriationsRestrictions.htm, and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might
fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not
proceed without the express prior written approval of OJP.
Reporting potential fraud, waste, and abuse, and similar misconduct
The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office of the Inspector General
(OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person
has, in connection with funds under this award -- (1) submitted a claim that violates the False Claims Act; or (2)
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar
misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the
OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm
(select "Submit Report Online"); (2) mail directed to: Office of the Inspector General, U.S. Department of Justice,
Investigations Division, 1425 New York Avenue, N.W. Suite 7100, Washington, DC 20530; and/or (3) by facsimile
directed to the DOJ OIG Fraud Detection Office (Attn: Grantee Reporting) at (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
24.
25.
26.
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SPECIAL CONDITIONS
Restrictions and certifications regarding non-disclosure agreements and related matters
No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or
subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality
agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in
accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal
department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award, to contravene
requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to
sensitive compartmented information), or any other form issued by a federal department or agency governing the
nondisclosure of classified information.
1. In accepting this award, the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees
or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or
contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute
agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud,
or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt
written notification to the federal agency making this award, and will resume (or permit resumption of) such
obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or
both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds
(whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either
requires or has required internal confidentiality agreements or statements from employees or contractors that currently
prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste,
fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds
under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit
or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will
immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to
the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly
authorized to do so by that agency.
27.
OJP FORM 4000/2 (REV. 4-88)
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Grant
PAGE 12 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/18/2019PROJECT NUMBER 2019-DJ-BX-0699
SPECIAL CONDITIONS
Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)
The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41
U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an
employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a
gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public
health or safety, or a violation of law, rule, or regulation related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of
employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to
contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.
Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg.
51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the course of performing work funded by this
award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease
crashes caused by distracted drivers.
Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ
If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time
during the course of the period of performance under this award, the recipient must disclose that fact and certain related
information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk
includes any status under which a federal awarding agency provides additional oversight due to the recipient's past
performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include
the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient
was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and
email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.
28.
29.
30.
OJP FORM 4000/2 (REV. 4-88)
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SHEET
Grant
PAGE 13 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/18/2019PROJECT NUMBER 2019-DJ-BX-0699
SPECIAL CONDITIONS
Noninterference (within the funded "program or activity") with federal law enforcement: 8 U.S.C. 1373 and 1644;
ongoing compliance
1. With respect to the "program or activity" funded in whole or part under this award (including any such program or
activity of any subrecipient at any tier), throughout the period of performance, no State or local government entity, -
agency, or -official may prohibit or in any way restrict-- (1) any government entity or -official from sending or
receiving information regarding citizenship or immigration status as described in 8 U.S.C. 1373(a); or (2) a government
entity or -agency from sending, requesting or receiving, maintaining, or exchanging information regarding immigration
status as described in either 8 U.S.C. 1373(b) or 1644. Any prohibition (or restriction) that violates this condition is an
"information-communication restriction" under this award.
2. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of
this condition.
3. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the
extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a
local government, or a public institution of higher education, incurs to implement this condition.
4. Rules of Construction
A. For purposes of this condition:
(1) "State" and "local government" include any agency or other entity thereof, but not any institution of higher
education or any Indian tribe.
(2) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or
in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity,"
and its officials to be "government officials.")
(3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a).
(4) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terms that are defined in 8
U.S.C. 1101 mean what they mean under that section 1101, except that "State" also includes American Samoa.
(5) Pursuant to the provisions set out at (or referenced in) 8 U.S.C. 1551 note ("Abolition ... and Transfer of
Functions"), references to the "Immigration and Naturalization Service" in 8 U.S.C. 1373 and 1644 are to be read as
references to particular components of the Department of Homeland Security (DHS).
B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any
State or local government, any public institution of higher education, or any other entity (or individual) to violate any
federal law, including any applicable civil rights or nondiscrimination law.
IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before
award acceptance.
31.
OJP FORM 4000/2 (REV. 4-88)
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Grant
PAGE 14 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/18/2019PROJECT NUMBER 2019-DJ-BX-0699
SPECIAL CONDITIONS
No use of funds to interfere with federal law enforcement: 8 U.S.C. 1373 and 1644; ongoing compliance
1. Throughout the period of performance, no State or local government entity, -agency, or -official may use funds
under this award (including under any subaward, at any tier) to prohibit or in any way restrict-- (1) any government
entity or -official from sending or receiving information regarding citizenship or immigration status as described in 8
U.S.C. 1373(a); or (2) a government entity or -agency from sending, requesting or receiving, maintaining, or
exchanging information regarding immigration status as described in either 8 U.S.C. 1373(b) or 1644. Any prohibition
(or restriction) that violates this condition is an "information-communication restriction" under this award.
2. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of
this condition.
3. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the
extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a
local government, or a public institution of higher education, incurs to implement this condition.
4. Rules of Construction. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference
(within the funded "program or activity") with federal law enforcement: 8 U.S.C. 1373 and 1644; ongoing compliance"
condition are incorporated by reference as though set forth here in full.
32.
OJP FORM 4000/2 (REV. 4-88)
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SHEET
Grant
PAGE 15 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/18/2019PROJECT NUMBER 2019-DJ-BX-0699
SPECIAL CONDITIONS
Authority to obligate award funds contingent on noninterference (within the funded "program or activity") with federal
law enforcement: 8 U.S.C. 1373 and 1644; unallowable costs; notification
1. If the recipient is a "State," a local government, or a "public" institution of higher education:
A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient
(or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is
funded in whole or in part with award funds is subject to any "information-communication restriction."
B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to
reimburse itself if -- at the time it incurs such costs -- the program or activity of the recipient (or of any subrecipient
at any tier that is a State, a local government, or a public institution of higher education) that would be reimbursed in
whole or in part with award funds was subject to any information-communication restriction.
C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation
by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient
(regardless of tier) that is a State, local government, or public institution of higher education, is in compliance with the
award condition entitled "Noninterference (within the funded 'program or activity') with federal law enforcement: 8
U.S.C. 1373 and 1644; ongoing compliance."
D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance
with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the
recipient, or of any subrecipient at any tier that is either a State or a local government or a public institution of higher
education, may be subject to any information-communication restriction. In addition, any subaward (at any tier) to a
subrecipient that is a State, a local government, or a public institution of higher education must require prompt
notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an
information-communication restriction.
2. Any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher
education must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program
or activity of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with
award funds is subject to any information-communication restriction.
3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling
circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and
transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award
funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any
such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent
monitoring of subrecipient compliance with the requirements set out in the "Noninterference ... 8 U.S.C. 1373 and
1644; ongoing compliance" award condition.
4. Rules of Construction
A. For purposes of this condition "information-communication restriction" has the meaning set out in the
"Noninterference ... 8 U.S.C. 1373 and 1644; ongoing compliance" condition.
B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference ... 8 U.S.C. 1373 and
1644; ongoing compliance" condition are incorporated by reference as though set forth here in full.
33.
OJP FORM 4000/2 (REV. 4-88)
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Grant
PAGE 16 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/18/2019PROJECT NUMBER 2019-DJ-BX-0699
SPECIAL CONDITIONS
Authority to obligate award funds contingent on no use of funds to interfere with federal law enforcement: 8 U.S.C.
1373 and 1644; unallowable costs; notification
1. If the recipient is a "State," a local government, or a "public" institution of higher education:
A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient
(or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is
funded in whole or in part with award funds is subject to any "information-communication restriction."
B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to
reimburse itself if -- at the time it incurs such costs -- the program or activity of the recipient (or of any subrecipient
at any tier that is a State, a local government, or a public institution of higher education) that would be reimbursed in
whole or in part with award funds was subject to any information-communication restriction.
C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation
by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient
(regardless of tier) that is a State, local government, or public institution of higher education, is in compliance with the
award condition entitled "No use of funds to interfere with federal law enforcement: 8 U.S.C. 1373 and 1644; ongoing
compliance."
D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance
with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the
recipient, or of any subrecipient at any tier that is either a State or a local government or a public institution of higher
education, may be subject to any information-communication restriction. In addition, any subaward (at any tier) to a
subrecipient that is a State, a local government, or a public institution of higher education must require prompt
notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an
information-communication restriction.
2. Any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher
education must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program
or activity of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with
award funds is subject to any information-communication restriction.
3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling
circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and
transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award
funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any
such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent
monitoring of subrecipient compliance with the requirements set out in the "No use of funds to interfere … 8 U.S.C.
1373 and 1644; ongoing compliance" award condition.
4. Rules of Construction. The "Rules of Construction" set out in the "Authority to obligate award funds contingent on
noninterference (within the funded "program or activity") with federal law enforcement: 8 U.S.C. 1373 and 1644;
unallowable costs; notification" condition are incorporated by reference as though set forth here in full.
34.
OJP FORM 4000/2 (REV. 4-88)
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SHEET
Grant
PAGE 17 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/18/2019PROJECT NUMBER 2019-DJ-BX-0699
SPECIAL CONDITIONS
Noninterference (within the funded "program or activity") with federal law enforcement: No public disclosure of
certain law enforcement sensitive information
SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the
award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance. Its
provisions must be among those included in any subaward (at any tier).
1. Noninterference: No public disclosure of federal law enforcement information in order to conceal, harbor, or shield
Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8
U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no public disclosure may be made of any federal law enforcement
information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18
U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12 --
without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C.
1071 or 1072 or of 8 U.S.C. 1324(a).
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this
condition.
4. Rules of construction
A. For purposes of this condition--
(1) the term "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C.
1101(a)(3));
(2) the term "federal law enforcement information" means law enforcement sensitive information communicated or
made available, by the federal government, to a State or local government entity, -agency, or -official, through any
means, including, without limitation-- (1) through any database, (2) in connection with any law enforcement
partnership or -task-force, (3) in connection with any request for law enforcement assistance or -cooperation, or (4)
through any deconfliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal
law enforcement activity;
(3) the term "law enforcement sensitive information" means records or information compiled for any law enforcement
purpose; and
(4) the term "public disclosure" means any communication or release other than one-- (a) within the recipient, or (b) to
any subrecipient (at any tier) that is a government entity.
B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded
'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award
condition are incorporated by reference as though set forth here in full.
35.
OJP FORM 4000/2 (REV. 4-88)
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SHEET
Grant
PAGE 18 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/18/2019PROJECT NUMBER 2019-DJ-BX-0699
SPECIAL CONDITIONS
No use of funds to interfere with federal law enforcement: No public disclosure of certain law enforcement sensitive
information
SCOPE. This condition applies as of the date the recipient accepts this award, and throughout the remainder of the
period of performance. Its provisions must be among those included in any subaward (at any tier).
1. No use of funds to interfere: No public disclosure of federal law enforcement information in order to conceal, harbor,
or shield
Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8
U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no funds under this award may be used to make any public disclosure of
any federal law enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any
fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in
violation of 8 U.S.C. ch. 12 -- without regard to whether such disclosure would constitute (or could form a predicate
for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a).
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this
condition.
4. Rules of construction.
The "Rules of Construction" set out in the "Noninterference (within the funded "program or activity") with federal law
enforcement: No public disclosure of certain law enforcement sensitive information" award condition are incorporated
by reference as though set forth here in full.
36.
OJP FORM 4000/2 (REV. 4-88)
30
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SHEET
Grant
PAGE 19 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/18/2019PROJECT NUMBER 2019-DJ-BX-0699
SPECIAL CONDITIONS
Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens
SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by this
award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance for
the award. Its provisions must be among those included in any subaward (at any tier).
1. Noninterference with statutory law enforcement access to correctional facilities
Consonant with federal law enforcement statutes and regulations -- including 8 U.S.C. 1357(a), under which certain
federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien
as to his right to be or to remain in the United States," and 8 C.F.R. 287.5(a), under which that power may be exercised
"anywhere in or outside the United States" -- within the funded program or activity, no State or local government
entity, -agency, or -official may interfere with the exercise of that power to interrogate "without warrant" (by agents of
the United States acting under color of federal law) by impeding access to any State or local government (or
government-contracted) correctional facility by such agents for the purpose of "interrogat[ing] any alien or person
believed to be an alien as to his [or her] right to be or to remain in the United States."
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this
condition.
4. Rules of construction
A. For purposes of this condition:
(1) The term "alien" means what it means under section 101 of the Immigration and Nationality Act (INA) (see 8
U.S.C. 1101(a)(3)).
(2) The term "correctional facility" means what it means under the title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (see 34 U.S.C. 10251(a)(7)).
(3) The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule,
or practice, that—
(a) is designed to prevent or to significantly delay or complicate, or
(b) has the effect of preventing or of significantly delaying or complicating.
B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded
'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award
condition are incorporated by reference as though set forth here in full.
37.
OJP FORM 4000/2 (REV. 4-88)
30
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SHEET
Grant
PAGE 20 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/18/2019PROJECT NUMBER 2019-DJ-BX-0699
SPECIAL CONDITIONS
No use of funds to interfere with federal law enforcement: Interrogation of certain aliens
SCOPE. This condition applies as of the date the recipient accepts this award, and throughout the remainder of the
period of performance for the award. Its provisions must be among those included in any subaward (at any tier).
1. No use of funds to interfere with statutory law enforcement access to correctional facilities
Consonant with federal law enforcement statutes and regulations -- including 8 U.S.C. 1357(a), under which certain
federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien
as to his right to be or to remain in the United States," and 8 C.F.R. 287.5(a), under which that power may be exercised
"anywhere in or outside the United States" -- no State or local government entity, -agency, or -official may use funds
under this award to interfere with the exercise of that power to interrogate "without warrant" (by agents of the United
States acting under color of federal law) by impeding access to any State or local government (or government-
contracted) correctional facility by such agents for the purpose of "interrogat[ing] any alien or person believed to be an
alien as to his [or her] right to be or to remain in the United States."
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this
condition.
4. Rules of construction.
The "Rules of Construction" set out in the "Noninterference (within the funded "program or activity") with federal law
enforcement: Interrogation of certain aliens" award condition are incorporated by reference as though set forth here in
full.
38.
OJP FORM 4000/2 (REV. 4-88)
30
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SHEET
Grant
PAGE 21 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/18/2019PROJECT NUMBER 2019-DJ-BX-0699
SPECIAL CONDITIONS
Noninterference (within the funded "program or activity") with federal law enforcement: Notice of scheduled release
SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the
award, as of the date the recipient accepts the award, and throughout the remainder of the period of performance. Its
provisions must be among those included in any subaward at any tier.
1. Noninterference with "removal" process: Notice of scheduled release date and time
Consonant with federal law enforcement statutes -- including 8 U.S.C. 1231 (for an alien incarcerated by a State or
local government, a 90-day "removal period" during which the federal government "shall" detain and then "shall"
remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the
federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with
respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take
into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual DOJ report
to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the
prompt removal" from the U.S. of removable "criminal aliens") -- within the funded program or activity, no State or
local government entity, -agency, or -official (including a government-contracted correctional facility) may interfere
with the "removal" process by failing to provide -- as early as practicable (see para. 4.C. below) -- advance notice to
DHS of the scheduled release date and time for a particular alien, if a State or local government (or government-
contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such
advance notice.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this
condition.
4. Rules of construction
A. The "Rules of Construction" set out in the "Noninterference (within the funded "program or activity") with federal
law enforcement: Interrogation of certain aliens" award condition are incorporated by reference as though set forth here
in full.
B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any
State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the
date and time the individual otherwise would have been released.
C. Applicability
(1) Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least
48 hours, if possible)." (See DHS Form I-247A (3/17)). If (e.g., in light of the date DHS made such request) the
scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested, it
shall NOT be a violation of this condition to provide only as much advance notice as practicable.
(2) Current DHS practice is to use the same form for a second, distinct purpose -- to request that an individual be
detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such DHS requests for
detention.
39.
OJP FORM 4000/2 (REV. 4-88)
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U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/18/2019PROJECT NUMBER 2019-DJ-BX-0699
SPECIAL CONDITIONS
No use of funds to interfere with federal law enforcement: Notice of scheduled release
SCOPE. This condition applies as of the date the recipient accepts the award, and throughout the remainder of the
period of performance. Its provisions must be among those included in any subaward at any tier.
1. No use of funds to interfere with "removal" process: Notice of scheduled release date and time
Consonant with federal law enforcement statutes -- including 8 U.S.C. 1231 (for an alien incarcerated by a State or
local government, a 90-day "removal period" during which the federal government "shall" detain and then "shall"
remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the
federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with
respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take
into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual DOJ report
to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the
prompt removal" from the U.S. of removable "criminal aliens") -- no State or local government entity, -agency, or -
official (including a government-contracted correctional facility) may use funds under this award to interfere with the
"removal" process by failing to provide -- as early as practicable (see para. 4.C. below) -- advance notice to DHS of
the scheduled release date and time for a particular alien, if a State or local government (or government-contracted)
correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this
condition.
4. Rules of construction.
The "Rules of Construction" set out in the "Noninterference (within the funded "program or activity") with federal law
enforcement: Notice of scheduled release" award condition are incorporated by reference as though set forth here in
full.
Requirement to collect certain information from subrecipients
Except as provided in this condition, the recipient may not make a subaward to a State, a local government, or a
"public" institution of higher education, unless it first obtains from the proposed subrecipient responses to the questions
identified in the program solicitation as "Information regarding Communication with the Department of Homeland
Security (DHS) and/or Immigration and Customs Enforcement (ICE)." All subrecipient responses must be collected and
maintained by the recipient, consistent with document retention requirements, and must be made available to DOJ upon
request. Responses to these questions are not required from subrecipients that are either a tribal
government/organization, a nonprofit organization, or a private institution of higher education.
40.
41.
OJP FORM 4000/2 (REV. 4-88)
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U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/18/2019PROJECT NUMBER 2019-DJ-BX-0699
SPECIAL CONDITIONS
Cooperating with OJP Monitoring
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and
procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial
Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The
recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including
documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable
deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may
result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other
restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the
recipient as a DOJ High Risk grantee; or termination of an award(s).
FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or
more and, in certain circumstances, to report the names and total compensation of the five most highly compensated
executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient
obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted
on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and
Executive Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000, or (2) an
award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit
organization that he or she may own or operate in his or her name).
Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award
conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any
subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of
specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon
request, documentation of its policies and procedures for monitoring of subawards under this award.
Use of program income
Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of
the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly
Federal Financial Report, SF 425.
Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing
Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards
Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.ojp.gov/ gsp_grantcondition.
The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe
compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed
justification for why an alternative approach is recommended.
42.
43.
44.
45.
46.
OJP FORM 4000/2 (REV. 4-88)
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U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/18/2019PROJECT NUMBER 2019-DJ-BX-0699
SPECIAL CONDITIONS
Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information
sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent
possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the
functionality of an existing or proposed IT system.
Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds under this award, the recipient (and
any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if
OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at
its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the
recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds.
Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP
policies and procedures regarding the protection of human research subjects, including obtainment of Institutional
Review Board approval, if appropriate, and subject informed consent.
Confidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231
and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further
agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28
C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.
Verification and updating of recipient contact information
The recipient must verify its Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized
Representative contact information in GMS, including telephone number and e-mail address. If any information is
incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System
(GMS) to document changes.
47.
48.
49.
50.
51.
OJP FORM 4000/2 (REV. 4-88)
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U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/18/2019PROJECT NUMBER 2019-DJ-BX-0699
SPECIAL CONDITIONS
Law enforcement task forces - required training
Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds
who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank,
must complete required online (internet-based) task force training. Additionally, all future task force members must
complete this training once during the period of performance for this award, or once every four years if multiple OJP
awards include this requirement.
The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and
Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including
privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and
accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force
personnel roster, along with course completion certificates.
Additional information regarding the training is available through BJA's web site and the Center for Task Force
Integrity and Leadership (www.ctfli.org).
Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed
justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such
funds.
Submission of eligible records relevant to the National Instant Background Check System
Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34
U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific
project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions,
information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant
Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records
systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or
State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court
dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS
are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and
accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS-
relevant "eligible records".
In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent
monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any
such evidence in any express written determination regarding this condition.
52.
53.
54.
OJP FORM 4000/2 (REV. 4-88)
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U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/18/2019PROJECT NUMBER 2019-DJ-BX-0699
SPECIAL CONDITIONS
Compliance with National Environmental Policy Act and related statutes
Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National
Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental
impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient.
Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior
to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by
the award, the recipient agrees to contact BJA.
The recipient understands that this condition applies to new activities as set out below, whether or not they are being
specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a
subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition
must first be met. The activities covered by this condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including
properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or
eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic
prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an
incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or
education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the
identification, seizure, or closure of clandestine methamphetamine laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental
Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and
agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for
programs relating to methamphetamine laboratory operations.
Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its
subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific
request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental
assessment of that funded program or activity.
Establishment of trust fund
If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is
required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal
awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund,
including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the
Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award
funds in the trust fund (including any interest earned) during the period of performance for the award and expend
within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at
the time of closeout.
55.
56.
OJP FORM 4000/2 (REV. 4-88)
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U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/18/2019PROJECT NUMBER 2019-DJ-BX-0699
SPECIAL CONDITIONS
Prohibition on use of award funds for match under BVP program
JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program.
Certification of body armor "mandatory wear" policies
If recipient uses funds under this award to purchase body armor, the recipient must submit a signed certification that
law enforcement agencies receiving body armor purchased with funds from this award have a written "mandatory
wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize
funds from this award for ballistic-resistant and stab-resistant body armor purchases. This policy must be in place for
at least all uniformed officers before any funds from this award may be used by an agency for body armor. There are no
requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers
while on duty.
Body armor - compliance with NIJ standards and other requirements
Ballistic-resistant and stab-resistant body armor purchased with JAG award funds may be purchased at any threat
level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to
comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body
Armor Model List (https://nij.gov/topics/technology/body-armor/Pages/compliant-ballistic-armor.aspx). In addition,
ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely
fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information can be found here: https:/ / nij.gov/
topics/ technology/ body-armor/ pages/ safety-initiative.aspx.
Body armor - impact on eligibility for other program funds
The recipient understands that the use of funds under this award for purchase of body armor may impact eligibility for
funding under the Bulletproof Vest Partnership (BVP) program, a separate program operated by BJA, pursuant to the
BVP statute at 34 USC 10531(c)(5).
Reporting requirements
The recipient must submit quarterly Federal Financial Reports (SF-425) and semi-annual performance reports through
OJP's GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government
Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that
measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's
Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on
reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required
JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation.
Required data on law enforcement agency training
Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly
accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de-
escalation of conflict, and constructive engagement with the public.
57.
58.
59.
60.
61.
62.
OJP FORM 4000/2 (REV. 4-88)
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U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/18/2019PROJECT NUMBER 2019-DJ-BX-0699
SPECIAL CONDITIONS
Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as
set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such
expenditures essential to the maintenance of public safety and good order.
Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2018
The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of
the first day of the period of performance for the award (October 1, 2018), however, the recipient may choose to incur
project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a
minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are
removed by OJP (via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that
precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the
condition is removed.)
Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at-
risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding
condition through a Grant Adjustment Notice, the recipient is authorized to obligate (federal) award funds to reimburse
itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior to
award acceptance or prior to removal of an applicable withholding condition), provided that those project costs
otherwise are allowable costs under the award.
Nothing in this condition shall be understood to authorize the recipient (or any subrecipient at any tier) to use award
funds to "supplant" State or local funds in violation of the recipient's certification (executed by the chief executive of
the State or local government) that federal funds will be used to increase the amounts of such funds that would, in the
absence of federal funds, be made available for law enforcement activities.
Use of funds for DNA testing; upload of DNA profiles
If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded
to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA
laboratory with access to CODIS.
No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without
prior express written approval from BJA.
Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may
be accepted for entry into CODIS.
Encouragement of submission of "success stories"
BJA strongly encourages the recipient to submit annual (or more frequent) JAG success stories. To submit a success
story, sign in to a My BJA account at https:/ / www.bja.gov/ Login.aspx to access the Success Story Submission form. If
the recipient does not yet have a My BJA account, please register at https:/ / www.bja.gov/ profile.aspx. Once
registered, one of the available areas on the My BJA page will be "My Success Stories." Within this box, there is an
option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the BJA Success
Story web page at https:/ / www.bja.gov/ SuccessStoryList.aspx.
63.
64.
65.
66.
OJP FORM 4000/2 (REV. 4-88)
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Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/18/2019PROJECT NUMBER 2019-DJ-BX-0699
SPECIAL CONDITIONS
Withholding of funds: Required certification from the chief executive of the applicant government
The recipient may not obligate, expend, or draw down any award funds until the recipient submits the required
"Certifications and Assurances by the Chief Executive of the Applicant Government," properly-executed (as
determined by OJP), and a Grant Adjustment Notice (GAN) has been issued to remove this condition.
Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and
administrative proceedings to SAM and FAPIIS
The recipient must comply with any and all applicable requirements regarding reporting of information on civil,
criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or
any other grant, cooperative agreement, or procurement contract from the federal government. Under certain
circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal
System for Award Management (known as "SAM"), to the designated federal integrity and performance system
(currently, "FAPIIS").
The details of recipient obligations regarding the required reporting (and updating) of information on certain civil,
criminal, and administrative proceedings to the federal designated integrity and performance system (currently,
"FAPIIS") within SAM are posted on the OJP web site at https://ojp.gov/funding/FAPIIS.htm (Award condition:
Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by
reference here.
Withholding of funds: Budget narrative or information
The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and OJP reviews
and accepts, the required budget information or narrative for the award, and a Grant Adjustment Notice (GAN) has
been issued to remove this condition.
Withholding of funds: Program narrative
The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and OJP reviews
and accepts, the program narrative for this award, and a Grant Adjustment Notice (GAN) has been issued to remove
this condition.
Withholding of funds: NIBRS set-aside
The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and BJA reviews
and accepts, a budget that clearly dedicates at least 3 percent of the total amount of the award to NIBRS compliance
activities or documentation showing that the recipient has been certified as NIBRS compliant, and a Grant Adjustment
Notice (GAN) has been issued to remove this condition.
Withholding - DHS question attachment
The recipient may not obligate, expend or draw down funds until the Office of Justice Programs has received and
approved the required application attachment(s) described in the program solicitation as "Information regarding
Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement
(ICE)," and has issued a Grant Adjustment Notice (GAN) releasing this special condition.
67.
68.
69.
70.
71.
72.
OJP FORM 4000/2 (REV. 4-88)
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AWARD DATE 09/18/2019PROJECT NUMBER 2019-DJ-BX-0699
SPECIAL CONDITIONS
Recipient may not obligate, expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice
Programs has received and approved the required application attachment(s) and has issued a Grant Adjustment Notice
(GAN) releasing this special condition.
Withholding of funds: Disclosure of lobbying
The recipient may not obligate, expend, or draw down any funds under this award until it has provided to the grant
manager for this OJP award a complete Disclosure of Lobbying Activities (SF-LLL) form, and OJP has issued a Grant
Adjustment Notice to remove this special condition.
Withholding of funds: Memorandum of Understanding
The recipient may not obligate, expend, or draw down any award funds until OJP has reviewed and approved the
Memorandum of Understanding (MOU), and a Grant Adjustment Notice (GAN) has been issued to remove this
condition.
73.
74.
75.
OJP FORM 4000/2 (REV. 4-88)
30
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County of San Bernardino
385 North Arrowhead Avenue
San Bernardino, CA 92415‐0123
Law and Justice Group
909‐387‐5005
Grant
Supplemental
Statement
PAGE 31 OF 35
AWARD NUMBER: 2019‐DJ‐BX‐0699
AWARD DATE 09/18/2019
PREVIOUS AWARD AMOUNT $0
AMOUNT OF THIS AWARD $637,997
TOTAL AWARD $637,997
RECIPIENT NAME AND ADDRESS (Including Zip Code)
BUDGET PERIOD: FROM 10/01/2018 TO 09/30/2022
County of San Bernardino
385 North Arrowhead Avenue
San Bernardino, CA 92415‐0123
PROJECT PERIOD: FROM 10/01/2018 TO 09/30/2022
GRANTEE IRS/VENDOR NO.
956002748
GRANTEE DUNS NO.
136763120
PROJECT TITLE
FY 19 Local JAG Program
SUPPLEMENTAL STATEMENT
It is our understanding pursuant to the lawsuit filed by the California Attorney General challenging the imposition of immigration enforcement
requirements that were added to the FY 2019 JAG funding, that the U.S. District Court for the Northern District of California found the immigration
enforcement requirements unconstitutional and enjoined the enforcement of those requirements (California v. Sessions II). The 2019 JAG Grant Award
documents include the immigration enforcement requirements in paragraphs 31, 32, 33, 34, 35, 36, 37, 38, 39, 40 and 41 of those documents.Please note
that acceptance of the award for 2019 does not constitute acceptance of the immigration enforcement requirements. While the U.S. DOJ requires that
as a recipient of the grant, we must initial every page of the award, the initialing of the pages is only an acknowledgement of receipt, not a certification
of action, or acceptance of any particular immigration enforcement requirement or condition on an initialed page.
*
CHIEF EXECUTIVE APPROVAL CHIEF LEGAL OFFICER APPROVAL
TYPED NAME AND TITLE OF CHIEF EXECUTIVE TYPED NAME AND TITLE OF CHIEF LEGAL OFFICER
Gary McBride, Chief Executive Officer Michelle Blakemore, County Counsel
County of San Bernardino County of San Bernardino
__________________________________________________ __________________________________________________
SIGNATURE OF CHIEF EXECUTIVE SIGNATURE OF CHIEF LEGAL OFFICER
__________________________________________________ __________________________________________________
DATE DATE
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Subrecipient Monitoring Procedures
County of San Bernardino
Law and Justice Group
Grant Award/Sub-Award Process
When the Law and Justice Group (L&JG) has been notified that it has been awarded a grant, a Board
Agenda Item to accept the grant will be prepared and submitted to the Board of Supervisors (BOS) for
approval. Where there is a sub-award to be granted, a Sub-Award Agreement will be prepared by the
L&JG (recipient) and approved by the BOS and the subrecipient. The appropriate officials will sign the
sub-award documents. The Sub-Award Agreement will identify the federal award information and
applicable compliance requirements, including applicable special conditions for each federal sub-award.
The Sub-Award Agreement will include the Grant Award Number, Award Date, Catalog of Federal
Domestic Assistance (CFDA) number, Project Title, Project Period, Award Amount, and all applicable
Special Conditions for the sub-award. The L&JG’s Subrecipient Monitoring Procedures will be included in
the Sub-Award Agreement.
Grant Revenue
When notified that a grant award has been made, the Grant Coordinator requests a budget code for the
grant award from the Auditor-Controller/Treasurer/Tax Collector (ATC), and submits appropriate budget
documents for the Board of Supervisors approval. Once the budget is established, the Grant Coordinator
requests a drawdown of grant funds and deposits the funds into the applicable special revenue fund.
Timeframes for the drawdown requests will be accomplished in accordance with award requirements
specified by the awarding agency. The Grant Coordinator maintains a record of revenues requested and
received and reconciles the account.
Disbursement of Funds to Subrecipients
When disbursing sub-award funds to subrecipients, the Grant Coordinator will prepare the appropriate
payment document. The payment document is reviewed and approved by the Chair of the L&JG. The
ATC processes payments and disbursement of funds.
To notify subrecipients of the federal award number, CFDA number, and the amount of federal funds at
the time of the disbursement of funds, the following steps will be followed:
• The payment documents will reference the federal award number, CDFA number, and the amount
of federal funds.
• Correspondence will be sent to subrecipients at the time of disbursement identifying the payment
and detailing the required federal information.
Subrecipient Monitoring Requirement
Sub-awards will be monitored in accordance with all applicable statutes, regulations, the Uniform Grant
Guidance, OMB Circulars, and guidelines, including the Office of Justice Programs Financial Guide. The
recipient will include the applicable conditions of this award in any sub-award. The recipient is responsible
for the following:
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• Ensure that every sub-award is clearly identified to the subrecipient as a sub-award and includes
applicable conditions of the federal award.
• Evaluate each subrecipient’s risk of noncompliance with federal statutes, regulations and the
terms and conditions of the sub-award for purposes of determining the appropriate subrecipient
monitoring procedures.
• Oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable
to the use of funds.
• Review financial and performance reports.
• Follow-up and ensure that subrecipients take timely and appropriate action on all deficiencies
pertaining to the federal award provided to the subrecipient from the pass-through entity
detected through audits, on-site monitoring visits, and other means.
• Issue a management decision for audit findings pertaining to the federal award provided to the
subrecipient from the pass-through entity as required by 2 CFR 200.521 Management Decision.
• Verify that every subrecipient who is expected to expend $750,000 or more is audited as required
by 2 CFR 200 Subpart F Audit Requirements.
• Consider whether the results of the subrecipient’s audits, on-site monitoring visits or other
monitoring indicate conditions that necessitate adjustments to the pass-through entity’s own
records.
• Consider taking enforcement against noncompliant subrecipients as described in 2 CFR 200.338
Remedies.
Subrecipient Monitoring Process
On-site monitoring of grant-funded projects may be conducted by the U.S. Department of Justice or the
County of San Bernardino. At that time, the identified subrecipient agency will be required to provide
documentation supporting expenditures, and/or a physical review of items funded through the grant may
be requested.
To ensure full compliance with this legislative mandate, all grant related documentation to include
timesheets, invoices, purchase orders, canceled checks, and contracts must be maintained in a location
accessible to the person responsible for managing the sub-award, and the agency’s chief executive.
If it is determined funds are not being used for approved purposes, or if proper documentation is not
maintained, the amount in question must be returned to the U.S. Department of Justice. The subrecipient
agency may also be deemed ineligible for future federal funding.
On-Site Monitoring
The County of San Bernardino L&JG may conduct on-site monitoring. The monitoring will be based upon
performance and reported expenditure of funds. The monitoring will be based upon performance,
tracked through reports and regular correspondence. This method will ensure the subrecipient in greatest
need for assistance in managing their award is provided the necessary tools to be in full compliance with
U.S. Department of Justice requirements.
If selected for monitoring, the subrecipient will be notified at least 20 days prior to the monitoring. The
staff person responsible for managing the sub-award, the staff person assigned to managing fiscal
operations, the chief executive of the subrecipient agency, and any other applicable persons directly
involved in the oversight of grant funds will be asked to attend. Appropriate documentation will also be
requested for review. During the monitoring, the following items will be reviewed and/or discussed:
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invoices, timesheets, canceled checks, equipment purchased, policies and procedures, financial status
reports, performance reports and grant files.
If the subrecipient is non-compliant with award requirements, the following actions will be taken: The
County of San Bernardino will assist the subrecipient with the resolution of identified issues, a
recommendation to the U.S. Department of Justice for a federal monitoring of the sub-award will be
made, future payments will be withheld until all issues are resolved, and closer oversight of the
subrecipient by San Bernardino County will be implemented.
Project Accounting and Record Keeping
Adequate control of funds received to ensure compliance with federal and state regulations and grant
sub-award conditions will be accomplished. Separate records are maintained for each project to avoid
commingling of project funds with other funds.
Obligation and Expenditure of Funds
All Grant funds must be obligated by the termination date of the project.
Grant funds legally obligated by the termination date must be expended within the timeframe specified
within the Grant Contract, Agreement, or Sub-Award Agreement. Justice Assistance Grant funds must be
expended by the end of the project period.
Reporting Requirements
Submission of financial reports will be accomplished in accordance with the guidelines specified in the
Grant Contract, Agreement, or Sub-Award Agreement.
Subrecipient Audits – Uniform Grant Guidance and OMB Circular A-133 Compliance
Subrecipients are required to comply with the Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards in 2 CFR Part 200 (Uniform Grant Guidance) for federal awards
made on or after December 26, 2014, or with the OMB Circular A-133 for federal awards made prior to
December 26, 2014.
A single or program specific audit is required in any year that a government expends $750,000 or more a
year in federal awards. Both the Uniform Grant Guidance and the OMB Circular A-133 require audits to
be completed and submitted to the Federal Audit Clearinghouse (FAC) no later than nine (9) months after
the close of each fiscal year during the term of each grant award. As a condition of the sub-award
agreement, the Law and Justice Group will require the subrecipient to submit a copy of the audit, including
any corrective action plan within 30 days from the date of submission to the FAC. The Grant Coordinator
will review and ensure that the subrecipient audit reports are received and that all audit findings have
been resolved. Failure of the subrecipient to have audits performed as required may result in the
withholding of new discretionary awards and/or withholding of funds.
Project Closeout
The Grant Coordinator will schedule, monitor, and ensure timely completion of all required closeout
activities and final financial reports in conformance with the guidelines required by the awarding agency.
Inventory Control
Subrecipients will maintain an inventory of equipment purchased with grant funds and submit inventory
records to the Grants Coordinator if requested. Records shall be retained for a period of three years from
the date of the disposition or replacement or transfer at the discretion of the awarding agency. As
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equipment or other non-expendable property is purchased and received, it will be permanently marked,
a property inventory record completed, and the property inventory record will be made part of the
permanent grant sub-award file. Disposition of equipment will be done in accordance with the awarding
agency’s guidelines.
Retention Period
Project records must be maintained for the required period after the awarding agency determines that
the grantee has met all the project requirements and the project has been accepted for closeout. Records
will be maintained for a minimum of three years. The three-year retention period starts from the date of
the submission of the closure of the single audit report which covers the grant period and lasts until
completion of any disputes arising prior to the expiration of the three year period, whichever is later.
APPROVED BY:
G. Christopher Gardner, Chair
Law and Justice Group
_______June 1, 2020_______
Date
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Consent Calendar
City of San Bernardino
Request for Council Action
Date: September 2, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By: Edelia Eveland, Director of Human Resources
Subject: Resolution Approving Classification of the Building Official as
an Unclassified Service Position
Recommendation
Adopt Resolution No. 2020-222 of the Mayor and City Council of the City of San
Bernardino, California, approving the classification of the Building Official as an
unclassified service position and amending the salary schedule to reflect the change.
Background
The Building Official class specification was adopted on January 24, 2011, which
designated the position as a classified position under the Manag ement Confidential
bargaining unit in the Community & Economic Development department. A classified
service position includes all regular full-time employees not specifically included in the
unclassified service within the Municipal Code. In November 2019, the position was
administratively updated to include additional duties and responsibilities that meet the
definition of unclassified service.
Discussion
In part, unclassified service includes any persons appointed as heads of departments or
heads of department divisions. The Building Officials’ responsibilities as listed in the
recently adopted job specification include planning, directing, integrating, evaluating and
overseeing the day-to-day plan check, permitting, inspection operations, managing the
City-wide inspection and enforcement operations aimed at ensuring public safety,
eliminating blight and public nuisances, of the Building and Code Enforcement
Divisions. With administrative direction and guidance from the Director, the incumbent
carries out responsibilities and assignments that are broad in scope and require
considerable independent judgment on issues that are complex, interpretive and
evaluative in nature.
The duties and responsibilities of the Building Official position meet the definit ion of
unclassified service, a division head, pursuant to the City’s Municipal Code Section
2.04.030. All employees in unclassified service positions serve at the will and pleasure
of the appointing authority. They may be appointed, controlled, ordered and directed by
the appointing authority in any manner which is in compliance with applicable law, and
may be disciplined or removed from city employment by the appointing authority without
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6889
Page 2
proof of cause or other justification and without the right of appeal.
Approving the update to the Building Official class specification as an unclassified
service position appropriately aligns with the responsibilities of the position. Both the
salary schedule and job specification will be updated to reflect the correct designation.
2020-2025 Strategic Targets and Goals
Approval of the Building Official position to unclassified service aligns with Key Target
2b: Focused, Aligned Leadership and Unified Community: Build a culture that attracts,
retains, and motivates the highest quality talent.
Fiscal Impact
No fiscal impact to the City.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-222, approving the classification of the Building
Official as an unclassified service position and amending the salary schedule to reflect
the change.
Attachments
Attachment 1 - Resolution, Exhibit A- Building Official Class Specification, Exhibit B-
City of San Bernardino Salary Schedule Fiscal Year (FY) 2020-2021
Ward: ALL
Synopsis of Previous Council Actions: N/A
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RESOLUTION NO. 2020-222
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE CLASSIFICATION OF THE BUILDING
OFFICIAL AS AN UNCLASSIFIED POSITION AND
AMENDING THE SALARY SCHEDULE TO REFLECT
THE CHANGE
WHEREAS, the Building Official class specification and classification was
administratively adopted November 27, 2019 as a classified position under the Management
Confidential Bargaining Unit in the Community & Economic Development department; and
WHEREAS, the responsibilities of the Building Official demonstrate the position aligns
as an Unclassified Service position per the City’s Municipal Code Section 2.04.030 Unclassified
Service (5): Any persons appointed as heads of departments or heads of department divisions.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The update to the Building Official classification, attached hereto and
incorporated herein as Exhibit “A,” is approved.
SECTION 3. The Full-Time Non-Safety classifications, attached hereto and incorporated
herein as Exhibit “B,” are approved.
SECTION 4. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and att ested
by the City Clerk this 2nd day of September 2020.
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Packet Pg. 318 Attachment: HR.Building Official Unclassified Classification.Resolution (6889 : Resolution Approving Classification of the Building Official as
Resolution No. 2020-222
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Packet Pg. 319 Attachment: HR.Building Official Unclassified Classification.Resolution (6889 : Resolution Approving Classification of the Building Official as
Resolution No. 2020-222
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2020-___, adopted at a regular meeting held on the 2nd day of September 2020
by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 2nd day of September
2020.
Genoveva Rocha, CMC, City Clerk
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EXHIBIT A
Building Official (U) Page 1
1.
Class Code: 10500
M/CC Date Adopted: December 20, 2018
Administrative Update: November 27, 2019
City of San Bernardino Signature: ___________________________
Director, Human Resources
Bargaining Unit: Management
Class Specification
BUILDING OFFICIAL (U)
JOB SUMMARY
Under general direction, manages, organizes, integrates and directs the work of subordinate
building inspection and plans examination staff; oversees a comprehensive set of municipal
building inspection and engineering plan check programs to ensure compliance with all
applicable federal and state codes and local ordinances; allocates staff resources to inspect and
enforce a wide variety of health and safety codes related to land use, zoning, building, housing,
and property maintenance; coordinates assigned activities with other divisions, departments and
outside agencies; and performs related work as required.
DISTINGUISHING CHARACTERISTICS
This single-incumbent class is responsible for planning, directing, integrating, evaluating and
overseeing the day-to-day plan check, permitting, inspection operations, managing the City-
wide inspection and enforcement operations aimed at ensuring public safety, eliminating blight
and public nuisances, of the Building and Code Enforcement Divisions. With administrative
direction and guidance from the Director, the incumbent carries out responsibilities and
assignments that are broad in scope and require considerable independent judgment on issues
that are complex, interpretive and evaluative in nature. The incumbent is required to make
carefully considered decisions affecting the life safety of the public and building occupants
thereby enhancing the quality of life and livability of the community.
ESSENTIAL DUTIES AND RESPONSIBILITIES
The duties listed below are intended only as illustrations of the various types of work that may
be performed. The omission of specific statements of duties does not exclude them from the
position if the work is similar, related or a logical assignment to this class.
1. Plans, organizes, manages and reviews the work of the Building Division; with staff,
develops, implements and monitors work plans to achieve assigned goals and objectives;
develops, administers and monitors performance of the Division’s annual budget; develops,
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EXHIBIT A
Building Official (U) Page 2
implements and evaluates processes, systems and procedures to effectively carry out
building inspection and plan check operations.
2. Plans and evaluates the performance of assigned staff; establishes performance
requirements and personal development targets; monitors performance and provides
coaching for performance improvement and development; provides or recommends
compensation and other rewards to recognize performance; takes disciplinary action, up to
and including termination, to address performance deficiencies, subject to management
concurrence, in accordance with the City’s human resources policies and labor contract
provisions.
3. Plans, directs, manages, evaluates and oversees the City’s building inspection, permit
processing and plans examination operations and activities to ensure proper enforcement of
federal, state and local building, housing and zoning codes and ordinances; analyzes,
develops, implements and manages building and safety programs/projects and determines
their priorities and scheduling; estimates personnel, resources and time required for
program and project completion.
4. Plans, directs, manages, evaluates and oversees the City’s code inspection and
enforcement functions enforcing a wide variety of health and safety codes related to land
use, zoning, building, housing, property maintenance regulations.
5. Provides guidance, direction and technical expertise to enforcement staff to ensure
appropriate actions related to code enforcement violations and public nuisance abatement;
ensures that enforcement staff follow the established code enforcement policies and
procedures ensuring Due Process of the Law.
6. Ensures proper administration and enforcement of the City’s building, zoning, housing and
related safety codes; manages and directs the preparation of new City ordinances and
codes and the revision of existing ordinances and codes and initiates code adoption
proceedings; interprets and enforces accessibility, ADA and energy regulations; determines
appropriate acceptance of building materials and procedures for the City; approves building
permit extensions and issues Certificates of Occupancy; conducts the most complex and
difficult field inspections and plan checks; represents the City in court cases.
7. Coordinates division projects and programs with other City divisions and departments;
meets with business and community representatives, residents and other interested parties
to encourage action or resolve building and safety problems and issues; interprets the
division’s functions, polices and plans to boards, commissions, community groups,
contractors, property owners and the public; assembles necessary resources to solve a
broad range of building inspection and plans examination programmatic and service-delivery
problems.
8. Monitors and keeps informed of current trends in the municipal building and safety field,
evaluates their impact on division operations and recommends policy and procedural
improvements.
9. Prepares complete, accurate and concise written technical reports and correspondences.
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EXHIBIT A
Building Official (U) Page 3
GENERAL QUALIFICATIONS
Knowledge of:
1. Federal, state and local laws, regulations and court decisions as it related to the
development and maintenance of private property. Functions, practices, trends,
approaches and problem-solving techniques used in municipal building inspection and
engineering/building plan check operations.
2. Modern methods of building construction, architectural and structural design concepts.
3. Municipal code inspections and enforcement methods, understanding of due process of
the law, property owner’s rights and an understanding of the preservation of evidence.
4. Understanding of police powers and how this specifically applies to code enforcement
and property maintenance.
5. Research methods and statistical techniques and applications.
6. Principles and practices of effective management and supervision.
7. City human resources policies and procedures and labor contract provisions.
Ability to:
1. Plan, organize, direct, manage, evaluate and integrate comprehensive building
inspection and plans examination activities and functions.
2. Understand, interpret, explain and apply federal, state and local law and regulations
governing building and safety issues.
3. Analyze research and compile technical and statistical information.
4. Communicate clearly and effectively, both orally and in writing.
5. Explain complex building terminology in a simplified manner to assist all members of the
community.
6. Defuse hostility when working to resolve code enforcement actions.
7. Present proposals and recommendations clearly, logically and persuasively in public
meetings.
8. Prepare clear, concise and comprehensive correspondence, reports, studies and other
written materials within a reasonably quick time frame.
9. Exercise sound, expert independent judgment within general policy guidelines.
10. Exercise tact and diplomacy in dealing with sensitive and complex issues and situations.
11. Establish and maintain effective working relationships with City management, staff,
business and community groups, residents and others encountered in the course of
work.
MINIMUM QUALIFICATIONS
Education, Training and Experience:
A typical way of obtaining the knowledge, skills and abilities outlined above is graduation
from an accredited college or university with a degree in engineering, architecture,
planning, construction technology, construction management in a municipal building and
safety department, or a related field, and seven years of increasingly responsible
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EXHIBIT A
Building Official (U) Page 4
professional experience, to include five years of experience in a super-
visory/management capacity; or an equivalent combination of training and experience.
Licenses; Certificates; Special Requirements:
A valid California driver’s license and the ability to maintain insurability under the City’s
vehicle insurance policy.
Current, valid certification as a Certified Building Official.
Current, valid certification as a Building, Plumbing, Mechanical and Electrical Plans
Examiner from the International Code Council (ICC).
Certified Code Enforcement Officer credentials are desirable.
PHYSICAL DEMANDS
The physical demands described here are representative of those that must be met by an
employee to successfully perform the essential functions of this class. Reasonable
accommodations may be made to enable individuals with disabilities to perform the essential
functions.
While performing the duties of this job, the employee is regularly required to sit; talk or hear,
both in person and by telephone; use hands to finger, handle and feel computers and standard
business equipment; and reach with hands and arms. The employee is frequently required to
stand and walk and on occasion will lift up to 25 pounds.
Specific vision abilities required by this job include close vision, color vision and the ability to
adjust focus.
WORK ENVIRONMENT
The work environment characteristics described here are representative of those an employee
encounters while performing the essential functions of this class. Reasonable accommodations
may be made to enable individuals with disabilities to perform the essential functions.
The employee works under typical office conditions, and the noise level is usually quiet.
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ADOPTED: 9/2/20
EFFECTIVE: 7/1/20 - 6/30/21 EXHIBIT B
CODE BARGAINING UNIT
GEN GENERAL
MM MIDDLE MANAGEMENT
C CONFIDENTIAL
M MANAGEMENT
ELECTED ELECTED OFFICIALS
CLASS
CODE CLASSIFICATION TITLE
MONTHLY
SALARY
RANGE
BARGAINING
UNIT
30011 ACCOUNTANT I (FLEX)460 GEN
30012 ACCOUNTANT II 480 GEN
20013 ACCOUNTANT III 500 MM
30023 ACCOUNTING ASSISTANT 410 GEN
10860 ACCOUNTING DIVISION MANAGER (U)608 M
30019 ACCOUNTING TECHNICIAN 430 GEN
10848 ADMINISTRATION DIVISION MANAGER (U)590 M
10508 ADMINISTRATIVE ANALYST I (FLEX)470 M
10506 ADMINISTRATIVE ANALYST I/ASSISTANT OF ELECTIVE OFFICER (FLEX) (U) 470 M
10510 ADMINISTRATIVE ANALYST II 500 M
10507 ADMINISTRATIVE ANALYST II/ASSISTANT OF ELECTIVE OFFICER (U) 500 M
30709 ADMINISTRATIVE ASSISTANT 400 GEN
10081 ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U)450 C
10094 ADMINISTRATIVE ASSISTANT TO CITY MANAGER (U)430 C
10092 ADMINISTRATIVE ASSISTANT TO THE MAYOR I (U)410 C
10093 ADMINISTRATIVE ASSISTANT TO THE MAYOR II (U)430 C
10534 ADMINISTRATIVE CLAIMS SPECIALIST 420 C
10078 ADMINISTRATIVE SERVICES MANAGER 530 M
10709 ADMINISTRATIVE SERVICES OFFICER (U)620 M
20457 ADMINISTRATIVE SERVICES SUPERVISOR 470 MM
20332 ANIMAL CONTROL MANAGER 510 MM
30111 ANIMAL CONTROL OFFICER 410 GEN
20339 ANIMAL LICENSE OFFICE SUPERVISOR 430 MM
30119 ANIMAL SHELTER ATTENDANT 370 GEN
20338 ANIMAL SHELTER KENNEL SUPERVISOR 430 MM
20335 ANIMAL SHELTER OFFICE SUPERVISOR 430 MM
10619 APPLICATIONS DEVELOPMENT MANAGER 590 M
30400 ARBORIST 452 GEN
30894 ASSESSMENT DISTRICT/REAL PROP SPECIALIST 460 GEN
30271 ASSISTANT BUYER 430 GEN
10146 ASSISTANT CITY ATTORNEY (U)640 M
10390 ASSISTANT CITY CLERK (U)530 M
10644 ASSISTANT CITY MANAGER (U)705 M
30168 ASSISTANT PLANNER (FLEX)480 GEN
10216 ASSISTANT TO THE CITY MANAGER (U)580 M
10104 ASSISTANT TO THE MAYOR I (U)430 M
10105 ASSISTANT TO THE MAYOR II (U)480 M
10106 ASSISTANT TO THE MAYOR III (U)530 M
10107 ASSISTANT TO THE MAYOR IV (U)580 M
20169 ASSOCIATE PLANNER 510 MM
10062 BUDGET OFFICER 580 M
10116 BUDGET OFFICER/ASSISTANT TO THE CITY MANAGER (U)580 M
20250 BUILDING INSPECTION SUPERVISOR 530 MM
30072 BUILDING INSPECTOR I (FLEX)460 GEN
City of San Bernardino Salary Schedule
Fiscal Year (FY) 2020-2021
1SALARY SCHEDULE FOR FISCAL YEAR 2020/2021
16.c
Packet Pg. 325 Attachment: HR.Building Official Unclassified Classification.Ex B (6889 : Resolution Approving Classification of the Building Official as an
ADOPTED: 9/2/20
EFFECTIVE: 7/1/20 - 6/30/21 EXHIBIT B
CLASS
CODE CLASSIFICATION TITLE
MONTHLY
SALARY
RANGE
BARGAINING
UNIT
30073 BUILDING INSPECTOR II 480 GEN
30074 BUILDING INSPECTOR III 510 GEN
10500 BUILDING OFFICIAL (U)
**RECLASSIFIED FROM CLASSIFIED TO UNCLASSIFIED 610 M
30502 BUSINESS REGISTRATION INSPECTOR 440 GEN
20263 BUSINESS REGISTRATION MANAGER 530 MM
30599 BUSINESS REGISTRATION REPRESENTATIVE 400 GEN
20271 BUYER 460 MM
30292 CEMETERY CARETAKER 376 GEN
30640 CEMETERY SERVICES SPECIALIST 420 GEN
10145 CHIEF ASSISTANT CITY ATTORNEY (U)685 M
10501 CHIEF BUILDING OFFICIAL (CBO) AND BUILDING AND SAFETY DIVISION MANAGER (U) 591 M
10398 CHIEF DEPUTY CITY CLERK (U)553 M
10382 CITY ATTORNEY INVESTIGATIONS SUPERVISOR (U)550 C
10383 CITY ATTORNEY INVESTIGATOR (U)520 C
10399 CITY CLERK (U)630 M
10158 CIVIL ENGINEER P.E.550 M
10273 CODE ENFORCEMENT DIVISION MANAGER (U)560 M
30450 CODE ENFORCEMENT OFFICER I 420 GEN
30455 CODE ENFORCEMENT OFFICER II 470 GEN
30460 CODE ENFORCEMENT OFFICER III 495 GEN
30451 CODE ENFORCEMENT PROCESSING ASSISTANT 370 GEN
10135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR 470 C
30132 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ASSISTANT 390 GEN
30890 COMMUNITY DEVELOPMENT TECHNICIAN 430 GEN
30752 COMMUNITY ENGAGEMENT SPECIALIST 420 GEN
10100 COMMUNITY INTERVENTION PROGRAM MANAGER (U)600 M
30754 COMMUNITY POLICING SPECIALIST 470 GEN
20923 COMMUNITY RECREATION MANAGER 520 MM
30821 COMMUNITY RECREATION PROGRAM COORDINATOR 370 GEN
20925 COMMUNITY RECREATION PROGRAM SUPERVISOR 470 MM
10113 COMMUNITY RELATIONS SUPERVISOR/ASSISTANT OF THE CITY MANAGER (U) 520 M
20504 COMMUNITY SERVICES CENTER SUPERVISOR 440 MM
30755 COMMUNITY SERVICES OFFICER I 380 GEN
30757 COMMUNITY SERVICES OFFICER II 410 GEN
20781 COMMUNITY SERVICES OFFICER SUPERVISOR 480 MM
30571 CONSTRUCTION INSPECTOR I (FLEX)450 GEN
30573 CONSTRUCTION INSPECTOR II 480 GEN
30574 CONSTRUCTION INSPECTOR III 510 GEN
20424 CONSTRUCTION MANAGER 540 MM
30635 COORDINATOR OF VOLUNTEERS (GRANT FUNDED)340 GEN
10072 COUNCIL ADMINISTRATIVE SUPERVISOR (U)500 C
30604 CRIME ANALYSIS SUPPORT ASSISTANT 400 GEN
30603 CRIME ANALYST 470 GEN
20600 CRIME FREE PROGRAM COORDINATOR 490 MM
30602 CRIMINAL INVESTIGATION OFFICER 415 GEN
20611 CUSTODIAL MAINTENANCE SUPERVISOR 460 MM
30621 CUSTODIAN 360 GEN
30222 CUSTOMER SERVICE REPRESENTATIVE 370 GEN
30100 DATA ANALYST 444 GEN
30010 DEPARTMENTAL ACCOUNTING TECHNICIAN 390 GEN
10651 DEPUTY CITY ATTORNEY I (U)570 C
10661 DEPUTY CITY ATTORNEY II (U)580 C
10659 DEPUTY CITY ATTORNEY III (U)600 C
10658 DEPUTY CITY ATTORNEY IV (U)620 C
10663 DEPUTY CITY CLERK (U)490 C
10157 DEPUTY CITY ENGINEER 600 M
10372 DEPUTY CITY MANAGER (U)681 M
2SALARY SCHEDULE FOR FISCAL YEAR 2020/2021
16.c
Packet Pg. 326 Attachment: HR.Building Official Unclassified Classification.Ex B (6889 : Resolution Approving Classification of the Building Official as an
ADOPTED: 9/2/20
EFFECTIVE: 7/1/20 - 6/30/21 EXHIBIT B
CLASS
CODE CLASSIFICATION TITLE
MONTHLY
SALARY
RANGE
BARGAINING
UNIT
10066 DEPUTY DIRECTOR OF FINANCE (U)620 M
10732 DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U)610 M
10803 DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U) 637 M
10802 DEPUTY DIRECTOR/CITY PLANNER (U)620 M
10400 DEPUTY LIBRARY DIRECTOR (U)570 M
10685 DIRECTOR OF ANIMAL SERVICES (U)630 M
10520 DIRECTOR OF COMMUNITY & ECONOMIC DEVELOPMENT (U) 692 M
10711 DIRECTOR OF FINANCE (U)692 M
10665 DIRECTOR OF HUMAN RESOURCES (U)660 M
10625 DIRECTOR OF INFORMATION TECHNOLOGY (U)660 M
10731 DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U)660 M
10753 DIRECTOR OF PUBLIC WORKS (U)692 M
10126 ECONOMIC DEVELOPMENT ANALYST (U)500 C
10125 ECONOMIC DEVELOPMENT DIVISION MANAGER (U)600 M
10120 ECONOMIC DEVELOPMENT SPECIALIST 500 C
30831 ELECTRICIAN I (FLEX)430 GEN
30841 ELECTRICIAN II 450 GEN
10367 EMERGENCY OPERATIONS MANAGER 565 M
30432 ENGINEERING ASSISTANT I (FLEX)450 GEN
30434 ENGINEERING ASSISTANT II 470 GEN
30436 ENGINEERING ASSISTANT III 500 GEN
20441 ENGINEERING ASSOCIATE 530 MM
20444 ENVIRONMENTAL PROJECT MANAGER 490 MM
30439 ENVIRONMENTAL PROJECT SPECIALIST 410 GEN
20024 EQUIPMENT MAINTENANCE MANAGER 510 MM
20025 EQUIPMENT MAINTENANCE SUPERVISOR 480 MM
30921 EQUIPMENT MECHANIC I (FLEX)420 GEN
30902 EQUIPMENT MECHANIC II 440 GEN
30943 EQUIPMENT SERVICE WORKER 400 GEN
30707 EXECUTIVE ASSISTANT 430 GEN
10982 EXECUTIVE ASSISTANT TO DIRECTOR (U)450 C
10978 EXECUTIVE ASSISTANT TO MAYOR (U)500 C
10981 EXECUTIVE ASSISTANT TO THE CITY ATTORNEY (U)510 C
10976 EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)500 C
10951 EXECUTIVE STAFF ASSISTANT TO CITY COUNCIL (U)550 M
10939 FACILITIES & FLEET MAINTENANCE DIVISION MANAGER (U) 591 M
30623 FACILITIES MAINTENANCE MECHANIC 420 GEN
20092 FACILITIES MAINTENANCE SUPERVISOR 500 MM
10512 FINANCIAL ANALYST 510 M
30513 FLEET FABRICATION WELDER 440 GEN
20940 FLEET OPERATIONS COORDINATOR 480 MM
30506 FLEET PARTS STOREKEEPER 390 GEN
30944 FLEET PARTS TECHNICIAN 430 GEN
10940 FLEET SERVICES DIVISION MANAGER (U)560 M
20066 FOOD SERVICE SUPERVISOR II 460 MM
30165 FORENSICS SPECIALIST I (FLEX)430 GEN
30166 FORENSICS SPECIALIST II 460 GEN
20167 FORENSICS SPECIALIST III 470 MM
20490 FORESTRY SUPERVISOR 542 MM
10624 GIS ADMINISTRATOR 580 C
10133 GRANTS ANALYST (U)540 C
30098 GROUNDSWORKER ARBORIST 392 GEN
30516 HAZMAT TECHNICIAN 440 GEN
30112 HEAVY EQUIPMENT OPERATOR 440 GEN
10129 HOUSING DIVISION MANAGER (U)600 M
10657 HUMAN RESOURCES ANALYST 510 C
10672 HUMAN RESOURCES DIVISION MANAGER (U)590 M
3SALARY SCHEDULE FOR FISCAL YEAR 2020/2021
16.c
Packet Pg. 327 Attachment: HR.Building Official Unclassified Classification.Ex B (6889 : Resolution Approving Classification of the Building Official as an
ADOPTED: 9/2/20
EFFECTIVE: 7/1/20 - 6/30/21 EXHIBIT B
CLASS
CODE CLASSIFICATION TITLE
MONTHLY
SALARY
RANGE
BARGAINING
UNIT
30207 HUMAN RESOURCES TECHNICIAN 410 GEN
30101 HVAC MECHANIC 460 GEN
20994 IEMG BROADCAST ENGINEERING COORDINATOR 490 MM
10627 IT ANALYST I (FLEX)490 C
10626 IT ANALYST II 520 C
10631 IT OPERATIONS SUPERVISOR 530 C
10388 IT TECHNICIAN I (FLEX)430 C
10389 IT TECHNICIAN II 450 C
30982 IW FIELD INSPECTOR 450 GEN
30637 LANDSCAPE INSPECTOR I (FLEX)430 GEN
30636 LANDSCAPE INSPECTOR II 450 GEN
30311 LEAD CUSTODIAN 370 GEN
30932 LEAD EQUIPMENT MECHANIC 470 GEN
30490 LEAD MAINTENANCE WORKER 440 GEN
30593 LEAD PARK CONSTRUCTION & MAINTENANCE WORKER 450 GEN
30592 LEAD PARKS MAINTENANCE WORKER 460 GEN
30897 LEAD STREET SIGN WORKER 420 GEN
10319 LEGAL ADMINISTRATIVE ASSISTANT (U)470 C
10322 LEGAL SECRETARY I (FLEX) (U)430 C
10323 LEGAL SECRETARY II (U)450 C
30335 LIBRARIAN I (FLEX)440 GEN
30366 LIBRARIAN II 460 GEN
30384 LIBRARY ADMIN TECHNICIAN/WEBMASTER 440 GEN
10412 LIBRARY ADMINISTRATIVE SUPERVISOR 510 M
30341 LIBRARY ASSISTANT 360 GEN
20384 LIBRARY BRANCH MANAGER I 470 MM
20214 LIBRARY BRANCH MANAGER II 480 MM
20388 LIBRARY CIRCULATION SUPERVISOR 450 MM
30255 LIBRARY COMPUTER LAB COORDINATOR 440 GEN
10401 LIBRARY DIRECTOR (U)630 M
10410 LIBRARY IT MANAGER 520 M
20385 LIBRARY NETWORK ADMINISTRATOR 480 MM
30373 LIBRARY NETWORK ASSISTANT 410 GEN
20387 LIBRARY PROGRAM COORDINATOR 440 MM
20337 LIBRARY TECHNICAL SERVICES SUPERVISOR 490 MM
30391 LIBRARY TECHNICIAN I 380 GEN
30392 LIBRARY TECHNICIAN II 400 GEN
30215 LITERACY PROGRAM COORDINATOR 460 GEN
20484 MAINTENANCE SUPERVISOR 500 MM
30486 MAINTENANCE WORKER I (FLEX)370 GEN
30487 MAINTENANCE WORKER II 400 GEN
30488 MAINTENANCE WORKER III 420 GEN
10110 MANAGEMENT ANALYST I/ASSISTANT OF THE CITY MANAGER (FLEX) (U) 470 M
10112 MANAGER OF COMMUNICATIONS 620 M
10503 MAYOR'S CHIEF OF STAFF (U)580 M
30522 MESSENGER 330 GEN
10117 NEIGHBORHOOD & CUSTOMER SERVICE OPERATIONS MANAGER (U) 551 M
10115 NEIGHBORHOOD SERVICES COORDINATOR/ASSISTANT OF THE CITY MANAGER (U) 530 M
10635 NETWORK SPECIALIST 460 C
20550 NPDES COORDINATOR 520 MM
30425 NPDES INSPECTOR I (FLEX)450 GEN
30426 NPDES INSPECTOR II 480 GEN
30711 OFFICE ASSISTANT 350 GEN
10109 OFFICE ASSISTANT (U)350 C
10868 OPERATIONS & MAINTENANCE DIVISION MANAGER (U)591 M
30581 PARKING ENFORCEMENT OFFICER 380 GEN
20603 PARKS & LANDSCAPE MAINTENANCE SUPERVISOR 517 MM
4SALARY SCHEDULE FOR FISCAL YEAR 2020/2021
16.c
Packet Pg. 328 Attachment: HR.Building Official Unclassified Classification.Ex B (6889 : Resolution Approving Classification of the Building Official as an
ADOPTED: 9/2/20
EFFECTIVE: 7/1/20 - 6/30/21 EXHIBIT B
CLASS
CODE CLASSIFICATION TITLE
MONTHLY
SALARY
RANGE
BARGAINING
UNIT
10640 PARKS MAINTENANCE DIVISION MANAGER (U)560 M
30611 PARKS MAINTENANCE WORKER I (FLEX)370 GEN
30622 PARKS MAINTENANCE WORKER II 400 GEN
30632 PARKS MAINTENANCE WORKER III 420 GEN
10641 PARKS SUPERINTENDENT (U)550 M
10069 PAYROLL MANAGER 540 M
10064 PAYROLL SUPERVISOR 521 M
10068 PAYROLL TECHNICIAN 430 C
30691 PLANNING AIDE 450 GEN
10713 PLANNING DIVISION MANAGER (U)581 M
30680 PLANS EXAMINER I (FLEX)480 GEN
30682 PLANS EXAMINER II 510 GEN
30481 PLUMBER 450 GEN
20331 POLICE COMMUNICATIONS MANAGER 510 MM
20772 POLICE DISPATCH SUPERVISOR 480 MM
30767 POLICE DISPATCHER I (FLEX)420 GEN
30768 POLICE DISPATCHER II 440 GEN
30848 POLICE FLEET MAINTENANCE EXPEDITOR 390 GEN
20780 POLICE P&T MANAGER 500 MM
30218 POLICE P&T TECHNICIAN 430 GEN
20761 POLICE RECORDS MANAGER 490 MM
20765 POLICE RECORDS SUPERVISOR 440 MM
30219 POLICE RECORDS TECHNICIAN I (FLEX)350 GEN
30220 POLICE RECORDS TECHNICIAN II 370 GEN
30217 POLICE TRAINING COORDINATOR 440 GEN
30194 POLICE TRANSCRIBER 360 GEN
30585 POOL MAINTENANCE COORDINATOR 416 GEN
20019 PRINCIPAL ACCOUNTANT 550 MM
10182 PRINCIPAL CIVIL ENGINEER 590 M
10670 PRINCIPAL LIBRARIAN 550 M
10243 PRINCIPAL PLANNER 580 M
10864 PROCUREMENT/CONTRACT SUPPORT SERVICES DIVISION MANAGER (U) 598 M
10446 PROFESSIONAL LAND SURVEYOR PLS 546 M
30975 PROGRAM MANAGER RSVP 410 GEN
30976 PROGRAM MANAGER SCP 420 GEN
10132 PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U) 550 M
10131 PROJECT MANAGER OF HOUSING PROGRAMS (U)550 M
10639 PROJECT MANAGER/COMMUNITY SERVICES 550 M
30947 PROPERTY & EVIDENCE TECHNICIAN I (FLEX)410 GEN
30948 PROPERTY & EVIDENCE TECHNICIAN II 440 GEN
20166 PROPERTY EVIDENCE & SUPPLY SUPERVISOR 470 MM
30800 PUBLIC AFFAIRS SPECIALIST 449 GEN
10621 PUBLIC SAFETY IT MANAGER 580 M
10900 PUBLIC WORKS SAFETY & TRAINING OFFICER 510 M
30900 PUMP MECHANIC 454 GEN
30770 RANGEMASTER 450 GEN
10440 REAL PROPERTY MANAGER 580 M
10403 REC/COMMUNITY SERVICES DIVISION MANAGER (U)560 M
10259 RECORDS MANAGEMENT SPECIALIST (U)460 C
30825 RECREATION THERAPIST 450 GEN
30568 REPROGRAPHICS & MAIL TECHNICIAN 390 GEN
10690 RISK DIVISION MANAGER (U)590 M
10538 SAFETY OFFICER 530 C
30721 SB DIRECT CALL TAKER 380 GEN
30722 SB DIRECT CALL TAKER (BILINGUAL)430 GEN
10511 SENIOR ADMINISTRATIVE ANALYST 540 M
30708 SENIOR ADMINISTRATIVE ASSISTANT 420 GEN
5SALARY SCHEDULE FOR FISCAL YEAR 2020/2021
16.c
Packet Pg. 329 Attachment: HR.Building Official Unclassified Classification.Ex B (6889 : Resolution Approving Classification of the Building Official as an
ADOPTED: 9/2/20
EFFECTIVE: 7/1/20 - 6/30/21 EXHIBIT B
CLASS
CODE CLASSIFICATION TITLE
MONTHLY
SALARY
RANGE
BARGAINING
UNIT
30410 SENIOR ARBORIST 502 GEN
30600 SENIOR BUSINESS REGISTRATION REPRESENTATIVE 410 GEN
10154 SENIOR CIVIL ENGINEER 570 M
10181 SENIOR CIVIL ENGINEER/DIVISION MANAGER (U)597 MM
20446 SENIOR CODE ENFORCEMENT OFFICER 510 MM
30223 SENIOR CUSTOMER SERVICE REP/DISPATCHER 390 GEN
10222 SENIOR CUSTOMER SERVICE REPRESENTATIVE (U)400 C
10653 SENIOR DEPUTY CITY ATTORNEY (U)630 M
10067 SENIOR FINANCE SPECIALIST 500 C
10632 SENIOR GIS ANALYST 530 C
10689 SENIOR HUMAN RESOURCES ANALYST 540 C
10656 SENIOR HUMAN RESOURCES TECHNICIAN 430 C
10622 SENIOR IT ANALYST 550 C
10385 SENIOR IT TECHNICIAN 460 C
20213 SENIOR LIBRARIAN 490 MM
30393 SENIOR LIBRARY TECHNICIAN 440 GEN
10513 SENIOR MANAGEMENT ANALYST 556 M
10527 SENIOR NETWORK ADMINISTRATOR 580 C
10636 SENIOR NETWORK SPECIALIST 490 C
30710 SENIOR OFFICE ASSISTANT 370 GEN
10223 SENIOR OFFICE ASSISTANT (U)370 C
30582 SENIOR PARKING ENFORCEMENT OFFICER 400 GEN
20243 SENIOR PLANNER 540 MM
20245 SENIOR PLANS EXAMINER 520 MM
30720 SENIOR SB DIRECT CALL TAKER 410 GEN
30177 SENIOR SURVEY TECHNICIAN 460 GEN
20483 SEWER MAINTENANCE SUPERVISOR 510 MM
30494 SEWER MAINTENANCE WORKER 420 GEN
30898 STREET SIGN WORKER 410 GEN
20369 STREET SIGNAL & LIGHTING SUPERVISOR 521 MM
20116 SUPERVISING ANIMAL CONTROL OFFICER 470 MM
20450 SUPERVISING CODE ENFORCEMENT OFFICER 530 MM
20614 SUPERVISING CUSTODIAN 410 MM
20422 SURVEY SUPERVISOR 480 MM
30175 SURVEY TECHNICIAN I (FLEX)410 GEN
30176 SURVEY TECHNICIAN II 440 GEN
20336 TECHNOLOGY LIBRARIAN 490 MM
20990 TELECOMMUNICATIONS COORDINATOR 470 MM
30437 TIRE MAINTENANCE MECHANIC 380 GEN
10443 TRAFFIC ENGINEER 570 M
20437 TRAFFIC ENGINEERING ASSOCIATE 530 MM
20438 TRAFFIC OPERATIONS & SYSTEMS ANALYST 540 MM
30447 TRAFFIC SIGNAL TECHNICIAN I (FLEX)450 GEN
30448 TRAFFIC SIGNAL TECHNICIAN II 470 GEN
30449 TRAFFIC SIGNAL TECHNICIAN III 490 GEN
30667 TREASURY ASSISTANT 380 GEN
20666 TREASURY SUPERVISOR 470 MM
20485 TREE TRIMMER SUPERVISOR/ARBORIST 510 MM
30000 WEED ABATEMENT COORDINATOR 460 GEN
CLASS
CODE CLASSIFICATION TITLE MONTHLY
SALARY
BARGAINING
UNIT
00601 CITY COUNCIL $1,166.67 ELECTED
10370 CITY MANAGER (U)$22,396.88 M
00502 MAYOR
*EFFECTIVE 1/1/2020 $8,909.71 ELECTED
6SALARY SCHEDULE FOR FISCAL YEAR 2020/2021
16.c
Packet Pg. 330 Attachment: HR.Building Official Unclassified Classification.Ex B (6889 : Resolution Approving Classification of the Building Official as an
ADOPTED: 9/2/20
EFFECTIVE: 7/1/20 - 6/30/21 EXHIBIT B
(U) DENOTES UNCLASSIFIED
Revision Adopted by MCC 06/19/2017
Revision Adopted by MCC 06/20/2018
Revision Adopted by MCC 06/19/2019
Revision Adopted by MCC 12/04/2019
Revision Adopted by MCC 01/15/2020
Revision Adopted by MCC 06/24/2020
Revision Adopted by MCC 09/02/2020
7SALARY SCHEDULE FOR FISCAL YEAR 2020/2021
16.c
Packet Pg. 331 Attachment: HR.Building Official Unclassified Classification.Ex B (6889 : Resolution Approving Classification of the Building Official as an
CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES)Range123456789101112131415161718192021330230223252348237123942417244124652490251425382563258926142639266526912718274527712798331231323372360238324062429245324782502252625512576260226272653267827052732275827852812 332232523482372239524182441246624902515253925632589261526402666269227182745277227992826333233723602383240724302454247825032527255225762602262826532679270527322759278628132840 334234823722395241924422466249025152540256425892615264126672693271927462773280028272854335236023842407243124542478250325282552257726022628265426802706273227592787281428412869 336237223962419244324672490251525402565259026152641266726932720274627732801282828562883337238424082431245524792503252825532578260326282654268127072733275927872815284228702897 338239624202444246824922515254125662591261626412668269427202747277328012829285628842912339240824322456248025042528255325792604262926542681270827342761278728152843287128992927 340242024442468249225162541256625912617264226682694272127482774280128292857288529132941341243224562480250525292553257926042630265626812708273527612788281528432871290029282956 342244424682493251725422566259226172643266926942721274827752802282928572886291429422971343245624812505253025542579260526312656268227082735276227892816284328722900292929572986 344246824932518254325672592261826442670269627212749277628032830285828862915294329723000345248125062530255525802605263126572683270927352762279028172844287229012929295829873015 346249325182543256825932618264426702696272327492776280428312859288629152944297330023030347250625312556258126062631265726842710273627622790281828452873290129302959298830173046 348251825432569259426192644267126972723275027762804283228602887291529442973300330323061349253125562581260726322657268427102737276427902818284628742902293029592988301830473076 350254325692594262026452671269727242751277728042832286028882916294429743003303330623092351255625822607263326582684271127382764279128182846287529032931295929893018304830773107 352256925952620264626722697272427512778280528322861288929172946297430043033306330933123353258226082633265926852711273827652792281928462875290329322960298930193048307831083138 354259526212647267326982724275227792806283328612889291829462975300430343064309431243154355260826342660268627122738276527932820284828752904293229612990301930493079310931393170 356262126472673269927262752277928072834286228892918294729763005303430643094312531553185357263426602686271327392765279328212848287629042933296229913020304930793110314031713201 358264726732700272627532779280728352863289029182947297730063035306430953125315631873217359266026872713274027672793282128492877290529332962299230213050308031103141317232033233 360267327002727275427802807283528632891291929482977300630363065309531263157318832193250361268727142741276727942821284928782906293429622992302230513081311031413173320432353266 362270027272754278128082835286428922920294929773007303730663096312631573188322032513282363271427412768279528222849287829062935296329923022305230823112314231733204323632673299 364272727552782280928362864289229212950297830073037306730973127315731893220325232843315365274127682796282328512878290729362964299330223052308231133143317332053237326833003332 366275527822810283728652892292129502979300830373067309831283159318932213253328533163348367276827962824285228792907293629652994302330523083311331443174320532373269330133333365 368278228102838286628942921295129803009303830683098312931603190322132533285331833503382369279628242852288029082936296529953024305330833114314431753206323732693302333433663399 370281028382866289529232951298030103039306930983129316031913222325332863318335133833416371282428522881290929372965299530253054308431143145317632073238326933023335336834003433 372283828672895292429522980301030403070310031293161319232233254328633193351338434173450373285328812910293829672995302530553085311531453176320832393271330233353368340134343467 374286728952924295329813010304030703100313131613192322432553287331933523385341834513485375288129102939296829963025305530863116314631763208324032723304333533693402343534693502 376289629252953298230113040307131013132316231923224325632883320335233863419345334863520377291029392968299730263056308631173147317832083240327233053337336934023436347035033537 378292529542983301230423071310231323163319432243257328933213353338634193453348735213555379293929692998302730573086311731483179321032403273330533383370340334373471350535393573 16.cPacket Pg. 332Attachment: HR.Building Official Unclassified Classification.Ex B (6889 : Resolution Approving
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CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES)Range123456789101112131415161718192021430379138283866390439423980402040604099413941794221426343044346438844324476452045644607431380938483886392439624000404040804120416042004242428443264368441044544498454245864630 432382938673905394339824020406041004141418142214263430543484390443244764521456546094654433384838863925396340024040408041214161420242424284432743694412445444994543458846324677 434386739063944398340224060410141414182422342634306434943914434447645214566461146554700435388639253964400340424081412141624203424442854327437044134456449945444589463446794724 436390639453984402340624101414241834224426543064349439244354478452145674612465747024747437392539644004404340824121416342044245428643284371441444574501454445894635468047264771 438394539844024406341034142418342254266430843494393443644804523456746124658470447494795439396540044044408341234163420442464288432943714415445845024546458946354681472747734819 440398440244064410441444184422542674309435143934437448145254568461246594705475147974843441400440444084412441644204424742894331437344154459450345474591463546824728477548214867 442402440654105414541854226426843104352439544374481452645704614465947054752479848454892443404440854125416642064247428943324374441744594504454845934637468247294776482248694916 444406541054146418742274268431143534396443944814526457146164661470547524799484648944941445408541264167420842484289433243754418446145044549459446394684472947764823487149184965 446410541464187422942704311435443974440448345264571461746624707475248004848489549434990447412641674208425042914332437644194462450645494594464046854731477648244872492049675015 448414741884229427143124354439744414484452845724617466347094754480048484896494449925040449416742094251429243344376441944634507455145944640468647324778482448724921496950175065 450418842304272431443564398444244854529457346174664471047564802484848974945499450425091451420942514293433543774420446445084552459646404687473347804826487349214970501950675116 452423042724315435743994442448645304575461946644710475748044850489749464995504450935142453425142944336437944214464450845534598464246874734478148284874492149715020506951185167 454427343154358440144434486453145764621466647104758480548524899494649955045509451445193455429443374380442344664509455445994644468947344781482948764923497150205070512051705219 456431543584402444544884531457646224667471247584805485349004948499650465095514551955245457433743804424446745104554459946454690473647814829487749254973502150715121517152215272 458435944024446448945334577462246684714476048054853490149504998504650965147519752475298459438044244468451245564599464546914737478348294878492649745023507151225172522352745324 460440244464490453445784622466947154761480748544902495149995048509651475198524953005351461442444694513455746014646469247384785483148784927497550245073512251735224527553275378 462444644914535458046244669471547624809485549024951500050495098514751995250530253535405463446945134558460346474692473947864833488049274976502550745124517352255276532853805432 464449145364581462646714716476348104857490449515001505051005149519952515303535554075459465451345594604464946944739478748344881492949765026507651255175522552775329538254345486 466453645814627467247174763481048584906495350015051510151515201525153045356540954615514467455946044650469547414787483448824930497850265076512651775227527753305383543654885541 468458146274673471947654811485949074955500350515102515252035253530453575410546355165569469460446504696474347894835488349314980502850765127517852295279533053835437549055435597 470462746744720476648134859490749565005505351025153520452555306535754105464551855715625471465146974744479048374883493249815030507851275179523052815332538454375491554555995653 472467447214767481448614907495750065055510451535204525653075359541154655519557356275681473469747444791483848854932498150315080512951795230528253345386543854925546560156555709 474472147684815486249094957500650565105515552055257530953615413546555195574562956835738475474447924839488749344981503150815131518152315283533553875440549255475602565757125767 476476848164863491149595006505651075157520752575309536254145467552055755630568557405796477479248404888493649835031508251325182523352835336538954415494554756035658571457695824 478481648644912496050085057510751585208525953095362541654695522557556315686574257985854479484048884937498550335082513351835234528553365389544354965549560356595715577158275883 16.cPacket Pg. 334Attachment: HR.Building Official Unclassified Classification.Ex B (6889 : Resolution Approving
CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES)Range123456789101112131415161718192021480486449134961501050595107515852095260531253635416547055245577563156875743580058565912481488849374986503550845133518452355287533853895443549755515605565957165772582958855942 482491349625011506051095158521052625313536554165471552555795633568757445801585859155972483493749875036508651355184523652885340539254435498555256075661571657735830588759446001 484496250125061511151615210526253145366541954715525558056355690574458025859591759746031485498750375087513651865236528953415393544654985553560856635718577358315888594660046062 486501250625112516252125262531553685420547355265581563656915747580258605918597660346092487503750875138518852385289534253945447550055535609566457205775583158895947600660646122 488506251135163521452655315536854215475552855815637569357485804586059195977603660946153489508751385189524052915342539554495502555556095665572157775833588959486007606661256184 490511351645215526653175368542254765529558356375693575058065862591959786037609661556215491513851905241529353445395544955035557561156655722577858355892594860086067612761866246 492516452165267531953715422547655315585563956935750580758645921597860386098615762176277493519052425294534653975449550455585613566757225779583658935951600860686128618862486308 494521652685320537254245477553155865641569657505808586559235980603860986159621962796340495524252945347539954525504555956145669572457795837589559536010606861296190625063116372 496526853215373542654795532558756425697575358085866592459826040609961606220628163426403497529453475400545355065559561556705726578258375896595460126071612961906252631363746435 498532153745427548155345587564356995755581058665925598460426101616062216283634464066468499534854015454550855615615567157275783584058965955601460736131619062526314637664386500 500537454285482553555895643569957565812586959255984604461036162622162846346640864706532501540154555509556356175671572857855841589859556014607461336193625263156378644065036565 502542854825537559156455700575758145871592859856044610461646224628463476409647265356598503545555105564561956735728578558435900595760146075613561956255631563786441650565686631 504548355375592564757025757581458725929598760456105616562266286634764106474653766016664505551055655620567557305785584359015959601760756135619662576318637864426506657066346697 506553855935648570457595814587359315989604761056166622762886349641064746539660366676731507556556215677573257885843590259606019607761366197625863206381644265076571663667006765 508559356495705576158175873593159906049610861666228629063516413647565396604666967346798509562156775733579058465902596160206079613861976259632163836445650765726637670267676832 510564957065762581958755932599160506110616962286290635364156477654066056670673668016867511567757345791584859045961602160806140620062596322638464476510657266386704676968356901 512570657635820587759345991605161116171623162916354641664796542660566716737680368696935513573457925849590659646021608161416202626263226385644865126575663867056771683769046970 514576358215878593659936051611261726233629363546417648165446608667167386805687169387005515579258505908596660236081614262036264632563856449651365776641670567726839690669737040 516582158795937599560546112617362346295635664176482654666106674673868066873694070087075517585059085967602560846142620462656327638864496514657866436707677268406907697570437111 518587959385997605561146173623562966358642064826547661166766741680668746942701070787146519590859686027608661456204626663286390645265146579664467106775684069086977704571137182 520593859976057611661766235629763606422648465476612667867436809687469437011708071497218521596860276087614762066266632963916454651765796645671167776843690869777047711671857254 522599860586118617762376297636064236486654966126678674568116877694370127082715172217290523602860886148620862696329639264566519658266456712677868456911697870477117718772577327 524605861186179623963006361642464886551661566796745681268796946701370837153722372937363525608861496210627163316392645665206584664867126779684669136980704871187189725973297400 526611861806241630263636424648965536617668167466813688069487015708371547224729573667437527614962106272633363956456652165866650671567796847691569837050711871897261733274037474 528618062426303636564276489655466196683674868136881694970187086715472257297736874407512529621162736335639764596521658666526717678268476916698470537121719072617333740574777549 16.cPacket Pg. 335Attachment: HR.Building Official Unclassified Classification.Ex B (6889 : Resolution Approving
CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES)Range123456789101112131415161718192021530624263046367642964916554661966856750681668816950701970887157722672987370744275157587531627363366398646165246587665267186784685069166985705471237193726273347407748075527625 532630463676430649365566619668667526818688469507020708971597228729873717444751775907663533633663996463652665896653671967866852691969857055712571957265733474087481755476287701 534636764316495655866226686675368206886695370207090716172317301737174457519759276667740535639964636527659166556719678668546921698870557126719672677337740874827556763077047778 536643164966560662466896753682068886955702370917161723273037374744575197594766877437817537646365286593665767226787685569226990705871267197726873407411748275577632770777827856 538649665616626669167566821688969577025709371627233730573767448752075957670774578207896539652865946659672467896855692369927060712971977269734174137485755776337708778478607935 540656166276692675868236889695870277096716572337306737874507523759576717747782378997975541659466606726679268576923699370627131720072707342741574887560763377097786786279388015 542662766936759682568926958702870977167723673067379745275257598767177487825790179788055543666067266793686069266993706371337203727373427416748975637636771077877864794180188095 544669367606827689469617028709871687239730973797453752776017674774878267903798180588136545672767946861692869967063713472047275734574167490756476397713778778657943802080988176 546676068286895696370317098716972407311738274537528760276777751782679047982806181398217547679468626930699870667134720572767348741974907565764077157790786579448022810181808258 548682868966965703371017169724173137384745675287603767877547829790479838062814182208299549686269316999706871377205727773497421749375657641771777927868794480238103818282628341 550689669657034710371727241731473867458753176037679775578317907798380638143822383038383551693170007070713972087277735074237496756976417718779478717947802381048184826483448425 552696670357105717572447314738774607533760676807756783379107987806481448225830583868467553700070707140721072807350742474977571764477187795787279498027810481858266834784288509 554703571067176724673177387746175357609768377577834791279898067814482268307838984708552555707171417212728373537424749875737647772177957873795180298107818582678349843185128594 556710671777248731973907461753676107685776078347913799180698148822683088391847385558637557714172137284735674277499757476487723779878737952803181108188826783508432851585988680 558717772497321739274647536761176877762783779137992807181508229830883928475855886418724559721372857357742975027574764977257801787779528032811181918270835084338517860086848767 560724973227394746775397612768877647840791679928072815282328312839284768560864487278811561728573587431750475777650772678037879795680328112819382738353843485188602868787718855 562732273957468754176157688776578427919799580728153823483148395847685618645873088158900563735874327506757976537726780478817958803581138194827583568437851886038689877488598944 564739574697543761776917765784379207998807681538235831683988479856186468732881889038989565743275067581765577297804788279608038811681948276835884408522860486908776886289489034 566746975447619769377687843792180008078815782358317840084828564864787338820890689939079567750775827657773278077882796180408118819782768359844285248607869087778864895190389124 568754476207695777178467921800180808159823883178401848485678650873388218908899590839170569758276587734780978857961804181208200827983598443852686108693877788658953904091289216 570762076967772784879258001808181618241832184018485856986538737882189098997908691749262571765877357811788879648041812182028282836284438527861286968781886589549042913192209308 572769677737850792780048081816282438323840484858570865587408824890989989088917792669355573773578127889796780448121820382848365844685288613869887838869895490439133922393129402 574777378517929800780848162824483258407848985708656874288278913899990899179926993599449575781278907969804781258203828583678449853186138699878588718958904491349225931594059496 576785179308008808781658244832684098491857486568743882989169002908991809271936294529543577789179698048812782068285836884518534861786998786887389609047913492269317940895009591 578793080098089816882478327841084938576866087438830891890059093918092729364945595479639579797080498129820982888368845285368619870387878874896290509138922693189410950395959687 16.cPacket Pg. 336Attachment: HR.Building Official Unclassified Classification.Ex B (6889 : Resolution Approving
CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES)Range123456789101112131415161718192021580801080908170825083308410849485788662874688318919900790959184927293659457955096439736581805081308211829183728452853786218706879088758963905291419230931894129505959896919784 582809081718252833384138494857986648749883489199008909791879276936594599552964697409833583813082128293837484558537862287088793887889649053914392339322941295069600969497889882 584817182538334841684988579866587518837892390089099918992799369945995539648974398379932585821282948376845885408622870987958881896790539144923593259416950696019696979198869981 58682538335841885008583866587528839892590129099919092819372946395549649974598409936100315878294837784608543862687098796888389709057914492369327941995109601969797939889998610082 58883368419850285868669875288408927901591029190928293749466955896499746984299391003510132589837784618545862987128796888489729060914892369328942195139605969897959892998910086 10183 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62610075101761027710377104781057910685107901089611002111081121911330114411155211663117801189612013121301224662710125 10227 10328 10429 10530 10632 10738 10844 10951 11057 11163 11275 11387 11498 11610 11721 11839 11956 12073 12190 12307 62810176102781038010481105831068510792108991100511112112191133111443115561166811780118981201612133122511236962910227 10329 10431 10534 10636 10738 10846 10953 11060 11168 11275 11388 11501 11613 11726 11839 11957 12076 12194 12312 12431 16.cPacket Pg. 337Attachment: HR.Building Official Unclassified Classification.Ex B (6889 : Resolution Approving
CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES)Range12345678910111213141516171819202163010278103811048410586106891079210900110081111611224113321144511558116711178511898120171213612255123741249363110329 10433 10536 10639 10743 10846 10954 11063 11171 11280 11388 11502 11616 11730 11844 11958 12077 12197 12316 12436 12555 63210381104851058910693107961090011009111181122711336114451156011674117881190312017121381225812378124981261863310433 10537 10642 10746 10850 10955 11064 11174 11283 11393 11502 11617 11732 11847 11962 12077 12198 12319 12440 12561 12681 63410485105901069510800109051100911119112301134011450115601167511791119071202212138122591238112502126231274563510538 10643 10748 10854 10959 11064 11175 11286 11396 11507 11618 11734 11850 11966 12082 12199 12321 12443 12565 12686 12808 63610590106961080210908110141112011231113421145311565116761179311909120261214312260123821250512627127501287363710643 10750 10856 10963 11069 11175 11287 11399 11511 11622 11734 11851 11969 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65411585117011181711933120481216412286124081252912651127721290013028131561328313411135451367913813139481408265511643 11759 11876 11992 12109 12225 12347 12470 12592 12714 12836 12965 13093 13221 13350 13478 13613 13748 13882 14017 14152 65611701118181193512052121691228612409125321265512778129011303013159132881341713546136811381613952140871422365711760 11877 11995 12112 12230 12348 12471 12595 12718 12842 12965 13095 13224 13354 13484 13613 13749 13886 14022 14158 14294 65811818119371205512173122911240912533126581278212906130301316013290134211355113681138181395514092142291436565911878 11996 12115 12234 12353 12471 12596 12721 12846 12970 13095 13226 13357 13488 13619 13750 13887 14025 14162 14300 14437 66011937120561217612295124141253412659127841291013035131601329213424135551368713818139571409514233143711450966111997 12117 12237 12357 12476 12596 12722 12848 12974 13100 13226 13359 13491 13623 13755 13888 14026 14165 14304 14443 14582 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67813058131891331913450135801371113848139851412214259143971454114685148281497215116152681541915570157211587267913123 13255 13386 13517 13648 13780 13917 14055 14193 14331 14469 14613 14758 14903 15047 15192 15344 15496 15648 15800 15952 16.cPacket Pg. 338Attachment: HR.Building Official Unclassified Classification.Ex B (6889 : Resolution Approving
CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES)Range12345678910111213141516171819202168013189133211345313585137171384813987141251426414402145411468614832149771512315268154211557315726158791603168113255 13388 13520 13653 13785 13918 14057 14196 14335 14474 14614 14760 14906 15052 15198 15344 15498 15651 15805 15958 16112 68213321134541358813721138541398714127142671440714547146871483414980151271527415421155751572915884160381619268313388 13522 13656 13790 13923 14057 14198 14338 14479 14620 14760 14908 15055 15203 15351 15498 15653 15808 15963 16118 16273 68413455135891372413858139931412814269144101455114693148341498215131152791542715576157311588716043161991635468513522 13657 13793 13928 14063 14198 14340 14482 14624 14766 14908 15057 15206 15355 15504 15653 15810 15967 16123 16280 16436 68613590137261386113997141331426914412145551469714840149831513215282154321558215732158891604616204163611651868713658 13794 13931 14067 14204 14341 14484 14627 14771 14914 15058 15208 15359 15509 15660 15810 15969 16127 16285 16443 16601 68813726138631400014138142751441214556147001484514989151331528415436155871573815889160481620716366165251668468913795 13933 14070 14208 14346 14484 14629 14774 14919 15064 15209 15361 15513 15665 15817 15969 16129 16288 16448 16608 16767 69013864140021414114279144181455714702148481499315139152851543715590157431589616049162091637016530166911685169113933 14072 14212 14351 14490 14629 14776 14922 15068 15215 15361 15515 15668 15822 15975 16129 16290 16452 16613 16774 16935 69214003141431428314423145631470314850149971514415291154381559215747159011605516210163721653416696168581702069314073 14213 14354 14495 14635 14776 14924 15072 15219 15367 15515 15670 15825 15980 16136 16291 16454 16617 16779 16942 17105 69414143142841442614567147091485014999151471529615444155931574815904160601621616372165361670016863170271719169514214 14356 14498 14640 14782 14924 15074 15223 15372 15521 15670 15827 15984 16141 16297 16454 16619 16783 16948 17112 17277 69614285144281457014713148561499915149152991544915599157491590616064162211637916536167021686717032171981736369714356 14500 14643 14787 14930 15074 15225 15375 15526 15677 15828 15986 16144 16302 16461 16619 16785 16951 17118 17284 17450 69814428145721471614861150051514915301154521560415755159071606616225163841654316702168691703617203173701753769914500 14645 14790 14935 15080 15225 15377 15530 15682 15834 15986 16146 16306 16466 16626 16786 16953 17121 17289 17457 17625 70014573147181486415010151551530115454156071576015913160661622716388165481670916870170381720717376175441771370114646 14789 14934 15081 15228 15378 15528 15681 15834 15989 16146 16304 16464 16625 16788 16953 17119 17287 17456 17627 17800 70214719148631500915156153051545515606157591591316069162271638616546167091687217038172051737317543177151788970314793 14938 15084 15232 15381 15532 15684 15838 15993 16150 16308 16468 16629 16792 16957 17123 17291 17460 17631 17804 17978 70414867150121515915308154581561015762159171607316230163901655016712168761704117208173771754717719178931806870514941 15087 15235 15385 15535 15688 15841 15997 16153 16312 16471 16633 16796 16960 17127 17295 17464 17635 17808 17982 18159 70615016151631531115461156131576615921160771623416393165541671616880170451721217381175511772317897180721824970715091 15239 15388 15539 15691 15845 16000 16157 16315 16475 16637 16800 16964 17130 17298 17468 17639 17812 17986 18163 18341 70815166153151546515616157701592416080162381639716557167201688417049172161738517555177271790118076182541843270915242 15391 15542 15695 15848 16004 16161 16319 16479 16640 16803 16968 17134 17302 17472 17643 17816 17990 18167 18345 18525 71015318154681562015773159281608416241164001656116723168871705317220173891755917731179051808018258184371861771115395 15546 15698 15852 16007 16164 16323 16482 16644 16807 16972 17138 17306 17476 17647 17820 17994 18171 18349 18529 18710 71215472156231577715931160871624516404165651672716891170571722417393175631773517909180841826218441186211880471315549 15702 15855 16011 16168 16326 16486 16648 16811 16976 17142 17310 17480 17651 17824 17998 18175 18353 18533 18714 18898 71415627157801593516091162491640816569167311689517060172281739717567177391791318089182661844518626188081899271515705 15859 16014 16171 16330 16490 16651 16815 16979 17146 17314 17483 17655 17828 18003 18179 18357 18537 18719 18902 19087 71615784159381609416252164111657216735168991706417231174001757117743179171809318270184491863018812189971918371715863 16018 16175 16333 16494 16655 16818 16983 17150 17318 17487 17659 17832 18007 18183 18361 18541 18723 18906 19092 19279 71815942160981625616415165761673816902170681723517404175751774717921180971827418453186341881619001191871937571916022 16179 16337 16497 16659 16822 16987 17153 17322 17491 17663 17836 18011 18187 18365 18545 18727 18911 19096 19283 19472 72016102162591641916580167421690617072172391740817579177511792518101182781845718638188211900519191193791956972116182 16341 16501 16663 16826 16991 17157 17325 17495 17667 17840 18015 18191 18369 18549 18731 18915 19100 19287 19476 19667 72216263164221658316746169101707617243174121758317755179291810518282184611864218825190091919619384195741976572316344 16505 16666 16830 16995 17161 17329 17499 17671 17844 18019 18195 18373 18554 18735 18919 19104 19292 19481 19672 19864 72416426165871675016914170801724717416175871775917933181091828618465186461882919014192001938819578197701996472516508 16670 16833 16998 17165 17333 17503 17675 17848 18023 18199 18378 18558 18740 18923 19109 19296 19485 19676 19869 20063 72616591167531691817083172511742017590177631793718113182901846918650188331901819204193921958219774199682016472716674 16837 17002 17169 17337 17507 17678 17852 18027 18203 18382 18562 18744 18927 19113 19300 19489 19680 19873 20068 20265 72816757169211708717255174241759417767179411811718294184741865518837190221920819397195871977919973201682036672916841 17006 17173 17341 17511 17682 17856 18031 18207 18386 18566 18748 18932 19117 19304 19494 19685 19878 20072 20269 20468 16.cPacket Pg. 339Attachment: HR.Building Official Unclassified Classification.Ex B (6889 : Resolution Approving
CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES)Range12345678910111213141516171819202173016925170911725817428175981777117945181211829818478186591884219026192131940119591197831997720173203702057073117010 17176 17345 17515 17686 17860 18035 18211 18390 18570 18752 18936 19121 19309 19498 19689 19882 20077 20274 20472 20673 73217095172621743117602177751794918125183021848218663188461903119217194051959619788199812017720375205752077673317180 17349 17519 17690 17864 18039 18215 18394 18574 18756 18940 19126 19313 19502 19693 19886 20081 20278 20477 20678 20880 73417266174351760617779179531812918307184861866718850190351922119410196001979219986201822038020579207812098573517352 17523 17694 17868 18043 18220 18398 18578 18760 18944 19130 19317 19507 19698 19891 20086 20283 20481 20682 20885 21090 73617439176101778317957181331831118490186711885419039192261941419604197961999020186203842058420786209892119573717526 17698 17872 18047 18224 18402 18583 18765 18949 19134 19322 19511 19702 19895 20090 20287 20486 20687 20890 21094 21301 73817614177871796118137183151849418675188581904319230194181960919801199952019120389205882079020994212002140773917702 17876 18051 18228 18406 18587 18769 18953 19138 19326 19515 19707 19900 20095 20292 20491 20691 20894 21099 21306 21514 74017791179651814118319184981868018863190481923419423196131980519999201952039320593207952099921204214122162274117880 18055 18232 18410 18591 18773 18957 19143 19330 19520 19711 19904 20099 20296 20495 20696 20899 21104 21310 21519 21730 74217969181451832318502186841886719052192381942719617198102000420200203982059820799210032120921417216272183974318059 18236 18415 18595 18777 18961 19147 19335 19524 19715 19909 20104 20301 20500 20701 20903 21108 21315 21524 21735 21948 74418149183271850718688188711905619243194311962219814200082020420402206022080421008212142142221632218442205874518240 18419 18599 18781 18965 19151 19339 19528 19720 19913 20108 20305 20504 20705 20908 21113 21320 21529 21740 21953 22168 74618331185111869218875190601924719436196261981820013202092040720607208092101321219214272163721849220632227974718423 18603 18786 18970 19156 19343 19533 19724 19918 20113 20310 20509 20710 20913 21118 21325 21534 21745 21958 22173 22390 74818515186961887919065192511944019631198232001720213204112061120813210172122321431216412185322068222842250216.cPacket Pg. 340Attachment: HR.Building Official Unclassified Classification.Ex B (6889 : Resolution Approving
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: September 2, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
Subject: Authorize the Issuance of an RFQ for Real Property
Management Services
Recommendation
That the Mayor and City Council of the City of San Bernardino, California, authorize
staff to develop and issue a Request for Qualifications for Real Property Management
Services as outlined in this report.
Background
At the August 4th Mayor and Council Meeting, Council Member Nickel requested that
staff bring back an item for Real Property Management Services. No objection was
made.
Discussion
During FY 2020/21 budget deliberations, several positions were either deleted or held
vacant in order to address the $10.3M budget gap. Among those was the Real Property
Manager position which has been vacant since January of this year. This position was
housed in the Public Works Department and the approximate cost of the fully bur dened
position was $120,000. Staff agrees that the services of a Real Property Manager are
vital to moving the City forward. There are several important projects and duties that
cannot be managed with current staffing levels including:
1. City Hall Campus
Appraisal of the City Hall Campus as discussed at the July 15, 2020 Study
Session including City Hall and other related City facilities in the Downtown
Evaluation of financing alternatives for a new City Hall
Evaluation of an interim City Hall
Parking lease agreement with Vanir Tower
2. Carousel Mall
Negotiation of a Development Agreement
Managing Entitlements
Coordinating interagency communications
3. Theater Square (Options)
Negotiation of a Purchase and Agreement to liquidate property asset
Hold property asset until the economy begins to recover
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Roll into the Carousel Mall project
4. Shandin Hills Golf Course (Options)
Maintain the golf course as a City property asset and issue an RFP to select a
new operator of the golf course
Sell the golf course and include a covenant that requires the property to be
maintained and operated as a golf course
Sell the property on the open market
5. Animal Shelter (Options)
Infrastructure improvements to current buildings
Build a new shelter
6. California Theater lease agreement
7. Former Norton Air Force Base Galaxy Center
ENA with IVDA
Appraisal to determine value
Facility re-location
8. Analyze the Facilities Assessment to make recommendations regarding
properties the city should slate for priority improvement or for sale.
9. Create a real property asset management plan
There are also a number of essential duties and responsibilities of the Real Property
Manager including, but not limited to:
1. Plan, organize and make recommendations regarding management of the City's
Real Estate programs, including all of the related activities, property acquisitions
and disposal, leases, and contracts.
2. Negotiate management services.
3. Conduct preliminary and final negotiations with property owners, developers, and
financial representatives for the acquisition, disposition and development of the
City’s real property.
Staff recommends that a Request for Qualifications be released for Real Property
Management Services. While having a City employee on staff to conduct day to day
property management services is also important, the City needs diverse professional
experience for the above mentioned high level projects. Should the Mayor and City
Council authorize staff to issue an RFQ for suc h services, an agreement will be brought
back for approval, along with funding recommendations. If such an agreement is
awarded, responsibility for managing the agreement would rest with the Community and
Economic Development Department in cooperation and coordination with the Public
Works Department.
2020-2025 Key Strategic Targets and Goals
Securing Real Property Management Services to oversee large scale economic
development projects aligns with Key Target No. 4: Economic Growth and Development
and Key Target No. 1: Financial Stability/Creating an asset management.
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Fiscal Impact
No fiscal impact by this action. The cost of Real Property Management Services will be
determined by the proposals received and brought back to the Mayor and City Council
for approval at a future meeting, along with funding considerations.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize staff to develop and issue a Request for Qualifications for Real
Property Management Services as outlined in this report.
Ward: All
Synopsis of Previous Council Actions:
August 4, 2020 Council Member Nickel asked staff to bring back an item to secure
Real Property Management Services.
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Consent Calendar
City of San Bernardino
Request for Council Action
Date: September 2, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
Subject: Review and Consider Options Related to Energy Performance
Assessments
Recommendation
Staff Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, table the matter to allow time to conduct appraisals of the City Hall Campus
and provide the City Council with recommendations on all City facilities.
Background
At the August 4 Mayor and City Council Meeting, Council Member Nickel requested that
staff bring back a Letter of Agreement (LOA) with Alliance Building Solutions (ABS) to
perform utility site surveys of City facilities. No objection was made.
Council Member Nickel referenced a public comment submitted by Mr. Brad Chapman,
ABS President, for the July 15, 2020 Study Session on City Hall and Facility
Assessments (Attachment 1). Mr. Chapman’s public comment noted that he has
engaged the City several times over the past few years to explore the possibility of
doing a “guaranteed energy performance contract.” According to Mr. Chapman, due to
the City’s financial instability, they have always stalled at obtain ing attractive funding.
The LOA states that the project consists of replacing dilapidated infrastructure and
updating unfunded equipment needs with the City’s costs covered through utility
savings. The letter goes on to say that the projects do not req uire additional staff to
manage and that, as a design build projects funded through energy savings, the City
can utilize the Energy Conservation Contract laws (Government Code section 4217.10
et seq.) for procurement purposes eliminating the need for a traditional competitive
process. Further, ABS indicated they have successfully obtained $15 million from
Community Bank for such a project in San Bernardino.
Discussion
The City Manager and Public Works Director reached out to Mr. Chapman to arrange a
conference call to obtain more information. Mr. Chapman and two of his colleagues
reiterated that they have been trying to work with the City for several years but due to
staff turnover it has been difficult to move forward. He said at one point they had City
Attorney approval on an LOA, but the City Manager changed and the project came to a
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halt. More recently, Mr. Chapman has approached the elected officials directly in an
effort to secure an agreement because of his alleged prior experience with staff
turnover.
Mr. Chapman explained that ABS would analyze utility bills for existing infrastructure to
determine the savings that could be achieved by replacing outdated lighting, HVAC,
windows, etc. The savings would be utilized to fund the improvements. W hen asked
what the pay back would be with for these improvements, ABS said they recommend 12
to 15 years. Staff explained that a facilities assessment has been conducted since they
last approached the City and that the City Council has not determined whic h facilities
will be sold, repaired, or replaced. Until such time that these determinations are made,
staff does not recommend making a long term investment in our facilities. Such a
commitment might significantly limit the ability of the City Council to make the best and
most cost-effective decisions relative to facilities use in the future.
Mr. Chapman said his company worked backwards from what is typical by securing
funding for the City prior to securing an agreement out of concern that, due to the C ity’s
financial condition, our options may be limited or non -existent. As mentioned in Mr.
Chapman’s public comment on July 15, ABS has secured $15 million from Community
Bank for the City of San Bernardino.
Mr. Chapman explained that time is of the essence and, should the City Council opt to
issue a Request for Proposals, ABS would not entertain a response. He explained that
the lender is pushing ABS to secure a scope of work no later than November of this
year.
Staff is concerned that a contractor appears to be driving this effort for their own benefit,
instead of the City Council making the best long-term financial policy decision for the
City’s assets. As outlined in this report, decisions need to be made on City facilities
prior to investing 12 to 15 years of utility savings into improvements that may be sold or
re-built. Additionally, staff has concerns with the LOA submitted by ABS is vague in
nature and would not be adequate to secure the scope of work for projects that the
company seems to be seeking. There are many companies that offer these services
and although Energy Conservation Contract laws allow non -competitive procurement for
such projects, they also expressly permit a public agency to request proposals from
qualified persons (see Gov. Code, § 4217.16). Should the City Council opt to move
forward, staff believes it would be financially prudent to issue a bid for such services
prior to making any commitment on exclusivity. If the City Council wishes to proceed
with an energy service contract, the Council would need to determine that it is in the
best interests of the City and that the anticipated cost to the City for the project will be
less than the anticipated marginal cost to the City of electrical energy that would have
been consumed by the City if the project were not completed at a scheduled public
hearing after two weeks’ notice.
Lastly, should the City Council proceed, it is very important that the City also engage the
services of an Energy Manager to oversee the project and evaluate the consultant’s
utility analysis and project feasibility to ensure the City’s best interests are represented.
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2020-2025 Key Strategic Targets and Goals
Consideration of conducting an energy performance assessment on City facilities aligns
with Key Target No. 1b: Financial Stability - Implement, maintain, and update a fiscal
accountability plan.
Fiscal Impact
No fiscal impact to the City with the staff recommendation. Fiscal impacts of other
options would have to be determined.
Conclusion
Staff Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California table the matter to allow time to conduct appraisals of the City Hall Campus
and provide the City Council with recommendations on all City facilitie s.
Alternatives (Not recommended)
1. Authorize staff to:
a. Issue a Request for Proposals for Energy Performance Assessments and
Energy Service Contracts at City Facilities; and,
b. Issue a Request for Qualifications for Energy Management Services to
oversee the project.
-OR-
2. Authorize staff to:
a. Execute the Letter of Agreement (Attachment 2) with Alliance Building
Solutions (ABS) and to work with ABS to enable ABS to develop a
comprehensive utility analysis and project feasibility report for self -funding
infrastructure improvements and, if the project is feasible, to bring back a
project for City Council consideration; and,
b. Issue a Request for Qualifications for Energy Management Services to
oversee the project.
Attachments
Attachment 1 Public comment submitted by Mr. Brad Chapman, ABS President,
for the July 15, 2020 Study Session on City Hall and Facility
Assessments
Attachment 2 Letter of Agreement between the City and Alliance Building
Solutions
Ward: All
Synopsis of Previous Council Actions:
August 4, 2020 Council Member Nickel requested that staff bring back a Letter of
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Intent (LOI) with Alliance Building Solutions (ABS) to perform utility
site surveys of City facilities.
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From:Brad Chapman
To:Public Comments (publiccomments@sbcity.org)
Subject:Study Session Comment Agenda 7/15/2020
Date:Wednesday, July 15, 2020 11:42:46 AM
To whom it may concern,
This is for Public Comment on the study session for City Hall and Facility Assessments.
My name is Brad Chapman and I am the principal of Alliance Building Solutions, Inc, an Energy
Performance Contracting business located in Southern California. We have engaged with the City a
handful of times over the past few years to explore the possibility of doing a guaranteed energy
performance contract. Unfortunately due to financial stability we have always stalled at obtaining
attractive funding. Our project consist of replacing dilapidated infrastructure and updating unfunded
equipment needs. This is a capital free project where the equipment is funded through utility
savings, thus no cost or capital is required from the City. ABS recently we successful obtaining
$15mm dollars from a community bank for such a project. The concern is with COVID funding
mechanisms are changing and we do not know how long we can secure this funding.
These projects do not require the City to add more staff or manage directly the project. The goal is
to utilize as little of staffs time as possible. As a design build project funded through energy the City
can utilize CA4217 for procurement as to not have to do a traditional competitive process thus
speeding up the process and seeing the savings sooner while installing much needed new
equipment.
ABS is able to start this process with an executed non-binding Letter of Authorization which allows
us to obtain utility information and perform site surveys at no cost to the City and very little staff
time.
With the possibility of lost tax revenue and COVID related expenses, timing is crucial to lock in the
funding and for the City to realize savings that can be used to make up some of those losses.
Brad Chapman
President | Alliance Building Solutions, Inc.
Direct (858) 900-5305
12520 High Bluff Drive, Suite 345, San Diego, CA 92130
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Packet Pg. 348 Attachment: 7-15-2020 Public Comment -Alliance Brad Chapman (6886 : Review and Consider Options Related to Energy Performance
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Consent Calendar
City of San Bernardino
Request for Council Action
Date: September 2, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Michael Huntley, Director of Community & Economic
Development
Subject: Final Reading of Ordinance MC-1541 Establishing the
Maximum Number of Cannabis Business Permits
Recommendation
Accept for final reading and adopt Ordinance MC-1541 of the Mayor and City Council of
the City of San Bernardino, California, establish ing the maximum number of Cannabis
Business Permits authorized pursuant to Section 5.10.080 of the San Bernardino
Municipal Code.
Background
On August 5, 2020, the Mayor and City Council considered an ordinance that would
increase and establish the maximum number of Cannabis Business Permits within the
City of San Bernardino, pursuant to Section 5.10.080 of the San Bernardino Municipal
Code. Subsequent to City Council discussion on the item, the Council approved the
proposed ordinance (MC-1541).
On August 19, 2020, the Mayor and City Council considered the second reading of MC -
1541. At the meeting, Council modified the number of Commercial Cannabis Retail
Permits to be allowed within the City of San Bernardino and introduced, read by title,
and waived further reading of Ordinance MC-1541.
Discussion
Pursuant to Section 5.10.080 of the City of San Bernardino Municipal Code, which state
that the number of cannabis business shall be permitted to operate in the City shall be
established by Resolution of the Mayor and City Council but at no time shall the total
number of permits for all license types exceed one (1) permit per twelve thousand five
hundred (12,500) residents of the City as determined by the most recent Population
Estimates for Cities, Counties and the State Report generated by the State Department
of Finance for the most recent year. However, Section 5.10.080 also indicates that the
Mayor and City Council may allow for a greater number of total permits by Ordinance.
Therefore, through Ordinance MC-1541, the Mayor and City Council would authorize
the establishment of a maximum number of up to seventeen (17) retail and/or
microbusiness with retail permits, and allow for an unlimited number of permits in other
cannabis business categories that include cultivation, distribution, manufacturing,
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testing, and microbusiness with a non-retail component.
2020-2025 Key Strategic Targets and Goals
The proposed changes presented tonight are consistent with Key Target No 1: Financial
Stability. Specifically, improving the Commercial Cannabis Business procedures and
the code provisions that regulate commercial cannabis, should improve the process
thereby allowing the City to capture cannabis revenue.
Financial Impact
Commercial Cannabis Business Permit applicants are required to pay an application fee
to recover the City’s costs in processing the permits. Staff reported in 2019 that once
Commercial Cannabis Business Permits are issued and businesses are operating, it is
anticipated the City will receive revenues related to the business activities.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, accept for final reading and adopt Ordinance MC -1541 of the Mayor and City
Council of the City of San Bernardino, California, establishing the maximum number of
Cannabis Business Permits authorized pursuant to Section 5.10.080 of the San
Bernardino Municipal Code.
Attachments
Attachment 1 Ordinance MC-1541
Ward: All
Synopsis of Previous Council Actions:
August 5, 2020, The Mayor and the City Council considered and approved an
ordinance increasing the number of permits related to commercial cannabis businesses
within the City to 11.
August 19, 2020, The Mayor and the City Council gave direction on the presented
ordinance to increase the number of permits related to commercial cannabis businesses
within the City to 17.
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Ordinance No. MC-1541
ORDINANCE NO. MC-1541
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, ESTABLISHING THE MAXIMUM
NUMBER OF CANNABIS BUSINESS PERMITS AUTHORIZED
PURSUANT TO SECTION 5.10.80 OF THE SAN BERNARDINO
MUNICIPAL CODE
WHEREAS, on March 7, 2018, the Mayor and City Council adopted Ordinance No.
MC-1464 approving Chapter 5.10 of the City of San Bernardino Municipal Code to regulate
Commercial Cannabis Activities;
WHEREAS, on April 4, 2018, the Mayor and City Council established review criteria,
procedures and maximum number of commercial cannabis business types for the implementation
of Chapter 5.10 (Commercial Cannabis Activities) of the City of San Bernardino Municipal
Code;
WHEREAS, on September 5, 2018, the Mayor and City Council adopted Ordinance No.
MC-1503, amending Chapter 5.10 of the City of San Bernardino Municipal Code related to the
regulation of Commercial Cannabis Activities; which was subsequently approved by the
registered voters on November 6, 2018;
WHEREAS, Section 5.10.080 of the San Bernardino Municipal Code states that the
number of cannabis businesses that shall be permitted to operate in the City shall be established
by Resolution of the Mayor and City Council but at no time shall the total number of permits for
all license types exceed one (1) permit per twelve thousand five hundred (12,500) residents of
the City as determined by the most recent Population Estimates for Cities, Counties and the State
Report generated by the State Department of Finance for the most recent year, unless the Mayor
and City Council adopt an ordinance allowing for a greater number of total permits and on June
17, 2020, the Mayor and City Council directed City Staff to prepare an ordinance to increase the
number of cannabis business permits to allow for up to 17 retail permits, which total number is to
include microbusiness permits, and allow for an unlimited number of permits in the other
business categories approved by the City Council in accordance with Chapter 5.10 of the City of
San Bernardino Municipal Code;
WHEREAS, On August 5, 2020, on the first (1st) reading of Ordinance No. MC-1541,
Mayor and City Council directed City Staff to amend said ordinance to allow for up to 11 retail
and/or microbusiness with retail permits, and allow for an unlimited number of permits in other
cannabis business categories approved by the City Council in accordance with Chapter 5.10 of
the City of San Bernardino Municipal Code;
WHEREAS, On August 19, 2020, on the scheduled second (2nd) reading of Ordinance
No. MC-1541, Mayor and City Council amended said ordinance to allow for up to 17 retail
and/or microbusiness with retail permits (instead of the previously proposed number), and allow
for an unlimited number of permits in other cannabis business categories approved by the City
Council in accordance with Chapter 5.10 of the City of San Bernardino Municipal Code; and
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Ordinance No. MC-1541
WHEREAS, having amended the Ordinance at its August 19 meeting, the Mayor and
City Council introduced, read by title only, and waived further reading of the Ordinance; and
WHEREAS, city staff must next to prepare amendments to the cannabis Guidelines to
regulate the approval process for the unlimited number of permits for the other business
categories.
NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are
incorporated herein.
SECTION 2. Compliance with the California Environmental Quality Act. The Mayor
and City Council having independently reviewed and analyzed the record before it, including
written and oral testimony, and having exercised their independent judgment, finds that there is
no substantial evidence supporting a fair argument that approval of and this Ordinance No. MC-
1541 will result in a significant effect on the environment, and thus the project is exempt
pursuant to Section 15061(b) of the California Environmental Quality Act guidelines due to the
fact that the activity does not result in a direct or reasonably foreseeable indirect physical change
in the environment.
SECTION 3. Amendment to Section 5.10.80. Section 5.10.80 of the San Bernardino
Municipal Code is hereby amended to add a subsection (c) to read as follows:
“(c) In accordance with the first paragraph of this Section 5.10.80, the City
Council has elected to increase the maximum number of cannabis permits that can
be lawfully awarded in accordance with the population formula set forth in this
Section as follows: the City may award up to 17 retail business permits. This
maximum number of retail business permits shall include all awarded
microbusiness permits so that there are no more than a total of 17 retail and
microbusiness permits, which include a retail component. The City may award an
unlimited number of cannabis business permits for other types of cannabis
businesses in accordance with the restrictions set forth in Chapter 5.10, applicable
guidelines adopted in accordance with Chapter 5.10 and any zoning regulations
adopted by the City Council.”
SECTION 4. Severability: If any section, subsection, subdivision, sentence, or clause or
phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid
or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council
hereby declares that it would have adopted each section irrespective of the fact that any one or
more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional,
invalid, or ineffective.
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Ordinance No. MC-1541
SECTION 6. Effective Date. This Ordinance shall become effective thirty (30) days
after the date of its adoption.
SECTION 7. Notice of Adoption. The City Clerk of the City of San Bernardino shall
certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general
circulation and published and circulated in the City in a manner permitted under section 36933 of
the Government Code of the State of California.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 2nd day of September, 2020.
__________________________________
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney
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Ordinance No. MC-1541
CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-1541, introduced by the City Council of the City of San Bernardino,
California, at a regular meeting held the 19th day of August, 2020. Ordinance No. MC-1541 was
approved, passed and adopted at a regular meeting held the 2nd day of September, 2020 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
___________, 2020.
Genoveva Rocha, CMC, City Clerk
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