Chula Vista City Council
March 19, 2024

February 8, 2024
Joy Whatley, City Librarian
City of Chula Vista
365 FStreet
Chula Vista, CA 91910
Dear Joy Whatley:

TheCalifornia State Library ispleased to approve the grant application for the Memory Lab project for a total of $33,929in federal LibraryServicesand Technology Act (LSTA) funds.

Thisletter contains general information regarding the LSTAaward process as well as information specific to your project. Once you have reviewed thisletter, please review the Award Agreement and Certification of Compliance included in your award packet and refer to the LSTAGrant Guide located on the California State Library’sManage Your Current Grant webpage ( https:// www. library.ca. gov/ grants/manage/) for more information.

LSTAFundsand Payments
Processing of grant payments may take from eight to ten weeks before delivery. If you have not received payment ten weeks after submitting your claim form to the State Library’sFiscal Department, please contact your Grant Monitor.

Please note: If your full grant amount ismore than $ 20,000, ten percent ( 10%) of the grant award iswithheld until the end of the project period ( unless otherwise noted in the Award Agreement and Certification of Compliance. Thisten percent ( 10%) is payable only if the grant recipient fulfillsall project reporting requirements and expends all funds, or returns all unspent grant funds, by the time specified in the award packet.

Reporting
Financial and program narrative reports are required throughout and following the project period. All required reporting materials are located on the State Library’s Manage Your Current Grant ( https:// www. library.ca. gov/ grants/ manage/) webpage. Reporting period and deadlines can be found in the Award Agreement and Certification of Compliance for this project. Failure to provide timely reports isa serious breach of a grant recipient’ sadministrative duty under the grant program, which may result in federal audit exceptions against the state and the lossof LSTAfunds.

Requirements Specific to Your Project
The following are requirements that are specific to your project. Please contact your project support team if you have any questions about or require support in fulfilling these requirements.

DocuSign Envelope ID: CFC7F3C9- E03F- 4D85- 95CC- 11EE046B2C72 Project Support Team
Your project support team isavailable throughout the project period to assistyou. There are two people assigned to your project. The firstisyour Grant Monitor who isavailable to assistyou with compliance and reporting matters. The Grant Monitor assigned to your project isMichelle Killian and can be reached via email at michelle. [email protected]. gov. You will also be assigned a Library Program Consultant or and Equity Advisor for ongoing programmatic support.

Please stay in touch with your project support team throughout the award period. Read the enclosed award packet thoroughly and contact your project support team if you have any questions.

Bestwishesfor a successful project.

Respectfully yours,
Greg Lucas
California State Librarian
cc: Alyson Hamlin: ahamlin@chulavistaca. gov
Michelle Killian: [email protected]. gov
Nicole Olson: federalgrants. [email protected]. gov
Angie Shannon: angie. [email protected]. gov
Lynne Oliva: [email protected]. gov
Reed Strege: reed. [email protected]. gov
Natalie Cole: natalie. [email protected]. gov
DocuSign Envelope ID: CFC7F3C9- E03F- 4D85- 95CC- 11EE046B2C72 Library – Courts Building 916- 323- 9759
P.O. Box 942837 csl-adm@library. ca.gov
Sacramento, CA 94237- 0001 www. library. ca.gov
THEBASICS – YOURLSTAGRANTAWARD
Award #: LS-I-23-7
File #: I-7
IMLS #: LS-253616-OLS-23
Organization: City of Chula Vista
Project Title: Memory Lab
Award Amount: $ 33929
2023/2024 LSTAAPPROVEDBUDGET
Salaries/Wages/ Benefits $ 0
Consultant Fees $ 0
Travel $ 0
Supplies/Materials $ 30494
Equipment ($ 5,000 or more per unit) $ 0
Services $ 3435
Project Total $ 33929
Indirect Cost $ 0
Grant Total $ 33929
Payment Schedule 45%/45%/10%
Start Date: 1/30/2024
End Date: 6/30/2024
Thisproject will be officially closed as of the end date listed above and no new expenditures may be generated, nor may any additional funded project activities occur. Unexpended or unencumbered funds must be returned within 30 days of the end date. However, if funds were encumbered prior to the end date, this project isallowed 45 days to liquidate those encumbrances. Any funds not liquidated are to be returned with the liquidation report within 60 days of the end date.

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LIBRARYSERVICESAND TECHNOLOGYACT (LSTA)

AWARD AGREEMENTAND

CERTIFICATIONOF COMPLIANCE
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TABLEOF CONTENTS
PROJECTSUMMARY .................................................................................. Error! Bookmark not defined.

PROCEDURESand REQUIREMENTS ......................................................... Error! Bookmark not defined.

A. Term of the Agreement ....................................................... Error! Bookmark not defined.

B. Scope of Work ....................................................................... Error! Bookmark not defined.

C. Spending Funds .................................................................... Error! Bookmark not defined.

D. Narrative and Financial Reports ......................................... Error! Bookmark not defined.

E. Claim Form and Payment .................................................... Error! Bookmark not defined.

EXHIBITA: TERMSAND CONDITIONS .................................................... Error! Bookmark not defined.

EXHIBITB: FEDERALRESTRICTIONSON THEUSEOF LSTAFUNDS ..... Error! Bookmark not defined.

EXHIBITC: LSTAAWARDREQUIREMENTS .............................................. Error! Bookmark not defined.

A. CIPA Compliance ................................................................ Error! Bookmark not defined.

B. Contracting Guidance ......................................................... Error! Bookmark not defined.

C. Language Access Services ................................................ Error! Bookmark not defined.

EXHIBITD: CERTIFICATIONOF COMPLIANCEFORM ......................... Error! Bookmark not defined.

Certification ............................................................................... Error! Bookmark not defined.

Authorized Representative Signature ..................................... Error! Bookmark not defined.

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PROJECTSUMMARY

AWARDAGREEMENTBETWEENTHECALIFORNIASTATELIBRARY
and City of Chula Vista for the Memory Lab
AWARD AGREEMENTNUMBERLS-I-23-7
ThisAward Agreement (“ Agreement”) isentered into on January 30, 2024 by and between the California State Library (“State Library”) and City of Chula Vista, Subrecipient”).

ThisAward Agreement pertains to City of Chula Vista’s LSTA-funded Memory Lab project.

The Library Development Services Bureau (“LDS”) of the State Library administers state and federal funds in the form of awards.

The Subrecipient was selected by the State Library to receive LSTAaward funds in the amount of $33,929 through the process adopted by the State Library in administering such grants.

The State Library and the Subrecipient, for the consideration and under the conditions hereinafter set forth in the Grant Agreement, agree as follows:

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PROCEDURESand REQUIREMENTS
A. Term of the Agreement
The Award term begins on the date of execution of the Agreement by both parties, until September 30, 2024. If completion of the project occurs prior to the end of the award period, this will be the end date of the term of this agreement. Award eligible program expenditures may begin no earlier than the start date of the project period.

The project period ends on June 30, 2024 and all eligible program costs must be incurred by this date.

B. Scope of Work

1. Subrecipient agrees to perform all activities specifically identified in the Subrecipient’s application and submitted to the State Library in response to the Inspiration Grants opportunity.

2. The following activities and deliverables to be performed by the Subrecipient include, but are not limited to the following:

Maintain and keep records of expenditures related to the grant that are consistent with the Generally Accepted Accounting Principles (GAAP).

Make financial records available to the State Library upon request.

Work with the State Library staff to assure that funds are disbursed in compliance with the purpose of the grant.

Prepare and submit required narrative and financial reports.

Procure equipment, and other supplies as needed for the project.

Issuecontracts for services, personnel, and consultants.

If applicable, make payments for services, including for hours worked and travel reimbursements, to consultants and contractors.

Oversee the implementation of project activities.

C. Spending Funds

1. There are federal restrictions for how LSTAfunding can and cannot be spent.

Please be sure to review the Restrictions on the Use of LSTAGrant Funds, also detailed in Exhibit B of this agreement, to ensure that LSTAfunds are used appropriately. Unallowable costs may not be counted toward a project’ s match or in-kind contribution.

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D. Narrative and Financial Reports

1. The Subrecipient shall be responsible for submission of interim and final narrative and financial reports on the progress and activities of the project, to the California State Library, using the sample report documents provided by the California State Library.

2. All the reports must be current, include all required sections and documents, and must be approved by the Grant Monitor before any payment request can be processed. Failure to comply with the specified reporting requirements may be considered a breach of this Agreement and result in the termination of the Agreement or rejection of the payment request and/ or forfeiture by the Subrecipient of claims for costs incurred that might otherwise have been eligible for grant funding. Any problems or delays must be reported immediately to the Grant Monitor. The financial reports shall reflect the expenditures made by the Subrecipient under the Agreement, and may be incorporated into the same reporting structure as the narrative reports.

3. The reports shall be submitted by the following dates:

Reporting Period Report Due Date
N/A Goal 1 Baseline AssessmentReport March 1, 2024
January - March 1stQuarter Financial Report Due and
Mid Project Program Narrative Report
Due
April 15, 2024
April - Project End Date Final Financial Report, Expenditure Detail Report and Final Program
Narrative Report Due
Upon completion of the
project but no later than
July 31, 2024
60 Days from Project
End Date ( if end date
isextended see
extension letter for
new dates)
Liquidation Financial Report Due (Only
required if encumbered funds have
not been spent by project end date)
August 31, 2024
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4. Failure to submit timely reports with the appropriate documentation by the due date may result in rejection of the payment request and/ or forfeiture by the Subrecipient of claims for costs incurred that might otherwise have been eligible for grant funding.

5. The Subrecipient agrees to maintain records and supporting documentation pertaining to the performance of this grant subject to possible audit for a minimum of five (5) years after final payment date or grant term end date, whichever islater. Please refer to Exhibit A, Termsand Conditions for more information.

E. Claim Form and Payment

1. The California State Library shall provide the Subrecipient payment as outlined in the payment schedule, and only for those activities and costs specified in the approved award application.

2. The Subrecipient shall complete, sign, and submit the Certification of Compliance form ( Exhibit D) and the Financial Claim form ( included in your award packet) to the California State Library within 14 days of receiving the award packet. Theseforms will be issued, signed and submitted using the online signature and agreement platform, DocuSign.

3. Any of the sumslisted as approved and/ or amended appearing under the categories in the approved budget may be adjusted with prior authorization from the California State Library Grant Monitor. Thiswould be to increase the allotment with the understanding that there will be corresponding decreases in the other allotments so that the total amount paid by the California State Library to the Subrecipient under this Agreement shall not exceed the awarded amount, which shall be expended/ encumbered during the grant period.

4. If the payment amount made by the California State Library exceeds the actual expenses incurred during the term of this Agreement, as reflected in the financial reports to be filed by the Subrecipient, the Subrecipient shall immediately refund the excess payment amount to the California State Library.

5. The Award payments will only be made to the Subrecipient. It isthe Subrecipient’ sresponsibility to pay all contractors and subcontractors for purchased goods and services.

6. For awards over $20,000, the Final Payment of 10% will be withheld and retained by the California State Library until all conditions agreed upon in this Agreement, including submission and Grant Monitor approval of the final narrative and financial reports, have been satisfied.

7. Prompt Payment Clause
The California State Library will make payments to the Subrecipient in accordance with the Prompt Payment Clause under Government Code, section 927, et. seq. The Subrecipient may typically expect payment to be DocuSign Envelope ID: CFC7F3C9- E03F- 4D85- 95CC- 11EE046B2C72 City of Chula Vista
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issued within 45 days from the date a grant payment request isproperly submitted and approved by the Fiscal Analyst.

8. Budget Contingency Clause
a. It ismutually agreed that if the Budget Act of the current fiscal year or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall no longer be in full force and effect. In this event, the California State Library shall have no liability to pay any funds whatsoever to the Subrecipient or to furnish any other considerations under this Agreement and the Subrecipient shall not be obligated to perform any provisions of this Agreement.
b. If funding for any fiscal year isreduced or deleted by the Budget Act for purposes of this Program, the California State Library shall have the option to either cancel this Agreement with no liability occurring to itself or offer an Agreement amendment to the Subrecipient to reflect the reduced amount.
c. Thisgrant award may have been written before ascertaining the availability of congressional appropriation of funds, for the mutual benefit of both parties in order to avoid program and fiscal delays which would occur if the grant award were executed after that determination was made.
d. Thisgrant award isvalid and enforceable only if sufficient funds are made available to the State by the United States government for the Fiscal Year 2023-2024 for the purposes of this program. In addition, this grant award issubject to any additional restrictions, limitations, or conditions enacted by the Congress or any statute enacted by the Congress which may affect the provisions, terms or funding of this grant award in any manner.
e. It ismutually agreed that if the Congress does not appropriate sufficient funds for the program, this grant award shall be amended to reflect any reduction in funds.
f. The California State Library has the option to amend the grant award to reflect any reduction of funds.
g. Upon the grant award approval by the State Librarian, one ( 1) completed set of this Award Agreement will be sent to the Subrecipient.

Such copy shall be the officially approved agreement for the conduct of the approved project.

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EXHIBITA: TERMSAND CONDITIONS

1. Ac cessibility: The organization receiving this LSTAaward, as listed in the certification section below, and all program staff, will ensure all LSTA-funded project materials will meet California accessibility standards.

The State isresponsible for ensuring that public websites are accessible to both the general public and state employees, including persons with disabilities.

Subrecipient shall assistthe State in meeting its responsibility. Therefore, all project materials generated by state funded programs must meet the California Accessibility Standards. Additionally, all project materials designed, developed, and maintained shall be in compliance with the California Government Code, sections 7405 and 11135, and the Web Content Accessibility Guidelines 2.0, or a subsequent version, as published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria.

However, if for some reason project material isnot generated to be in compliance to meet these standards, please stillsubmit it to the State Library.

When submitting the material make sure to note that the material isnot accessible by including “ NOT ACCESSIBLE” in the file name.

The California State Library reserves the right to post project materials to its website that are in compliance with these standards.

Common, applicable award materials include, but are not limited to:

Project toolkits
Digital resources
Publications
Survey templates
Project marketing materials

2. Acknowledgment: The Institute of Museum and Library Services and the California State Library shall be acknowledged in all promotional materials and publications related to the LSTA-funded project.

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a. LSTAaward recipients must ensure that the Library Services and Technology Act receive full credit as the funding program and that the Institute of Museum and Library Services (IMLS) likewise, isacknowledged as the federal source of funds.
b. Publications and information releases about the project must credit the Library Services and Technology Act ( LSTA). An appropriate statement for a publication or project pressrelease is:

This [publication/ project] was supported in whole or in part by the U.S. Institute of Museum and Library Services under the provisions of the Library Services and Technology Act, administered in California by the State Librarian."
As appropriate, this disclaimer should be added:

The opinions expressed herein do not necessarily reflect the position or policy of the U.S. Institute of Museum and Library Servicesor the California State Library, and no official endorsement by the U.S. Institute of Museum and Library Services or the California State Library should be inferred."
c. Thiscredit line on products of a project, such as materials and publicity, is important to foster support from the public and by state and federal funding sources.
d. For more examples from Institute of Museum and Library Services (IMLS) provided for recipients of national level grants, please see IMLS Acknowledgement Requirements.
e. IMLSLogo: Use of the IMLSlogo, which can be downloaded on the IMLS Logos page, isrequired on any publications. Please refer to the IMLSBrand Standards page for further details and usage requirements. If the award project resultsin copyrightable material, the sub Subrecipient or any subcontractor of the sub Subrecipient isfree to copyright the work.

However, IMLSand the State Library reserve a royalty- free, exclusive and irrevocable license to reproduce, publish, or otherwise use and authorize others to use the work for government purposes.
f. Photo Documentation: Digital photos are a great way to document the happenings of your project. It isrecommended that you use a photo release form when taking photos of the public. You may use your library’s photo release form, or use the IMLSMedia Content Authorization and Release form.

3. Agency: In the performance of this Agreement the Subrecipient and its agents and employees shall act in an independent capacity and not as officers, DocuSign Envelope ID: CFC7F3C9- E03F- 4D85- 95CC- 11EE046B2C72 City of Chula Vista
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employees or agents of the California State Library. The Subrecipient issolely responsible for all activities supported by the grant. Nothing in this Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between the parties. The Subrecipient shall not represent itself as an agent of the California State Library for any purpose, and has no authority to bind the State Library in any manner whatsoever.

4. Amendment: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required.

No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. ThisAgreement may be amended, modified or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph.

5. Applicable law: The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. The parties hereby waive any right to any other venue. The place where the Agreement isentered into and place where the obligation isincurred isSacramento County, California.

6. Assignment, Successors, and Assigns: The Subrecipient may not assign this Agreement or delegate its performance to any third- party person or entity, either in whole or in part, without the California State Library’sprior written consent. The provisions of this Agreement shall be binding upon and inure to the benefit of the California State Library, the Subrecipient, and their respective successors and assigns.

Audit and Records Access: The Subrecipient agrees that the California State Library, the Department of General Services, the State Auditor, or their designated representatives shall have the right to review, audit, inspect and copy any records and supporting documentation pertaining to the performance of this Agreement. To meet federal and state requirements, Subrecipients agrees to maintain grant records for five years following the California State Library’s submission of the last expenditure report for the LSTAFive-Year Plan under which the award was issued, unless a longer period of records retention isstipulated, or until completion of any action and resolution of all issueswhich may arise as a result of any litigation, dispute, or audit, whichever islater. The Subrecipient agrees to allow the auditor( s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Subrecipient agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement.

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Examples of audit documentation may include, but not limited to, competitive bids, grant amendments, if any, relating to the budget or work plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/ or cancelled checks.

A records retention schedule isincluded in the LSTAGrant Guide available to LSTAawardees.

7. Authorized Representative: Subrecipient and the California State Library mutually represent that their authorized representatives have the requisite legal authority to sign on their organization’ sbehalf.

8. Communication: All communications from either party, including an interim check- in at any time during the grant term, shall be directed to the respective Grant Monitor or representative of the California State Library or Subrecipient. For this purpose, the following contact information isprovided below:

City of Chula Vista California State Library
Joy Whatley Michelle Killian
365 FStreet 900 N Street
Chula Vista, CA, 91910 Sacramento, CA 95814
619-691-5170 916-603-6706
jwhatley@chulavistaca. gov michelle. [email protected]. gov

9. Confidentiality: Subrecipient will maintain as confidential any material it receives or produces that ismarked Confidential or isinherently confidential, or is protected by privilege. Subrecipient agrees to alert the State Library to this status in advance, and State Library agrees to maintain this status in conformity with the Public Records Act.

10. Contractor and Subcontractors: Nothing contained in this Grant Agreement or otherwise shall create any contractual relation between the State and any contractor or subcontractors, and no contract or subcontract shall relieve the Subrecipient of their responsibilities and obligations hereunder. The Subrecipient agrees to be as fully responsible to the State for the acts and omissions of its contractors, subcontractors, volunteers, student interns and of persons either directly or indirectly employed by any of them as it isfor the acts and omissions of persons directly employed by the Subrecipient. The Subrecipient’ s obligation to pay its contractors and subcontractors isan independent obligation from the State’s obligation to make payments to the Subrecipient. As a result, the State DocuSign Envelope ID: CFC7F3C9- E03F- 4D85- 95CC- 11EE046B2C72 City of Chula Vista
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shall have no obligation to pay or to enforce the payment of any monies to any contractor or subcontractor.

11. Copyright: Subrecipient owns and retains titles to any copyrights or copyrightable material from any original works that it creates within the scope of this Agreement in accordance with the federal Copyright Act. ( 17 U.S.C. 101, et seq.) Subrecipient isresponsible for obtaining any necessary licenses, permissions, releases or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to the California State Library pursuant to this section. Also, the California State Library may upload, post or transmit copyrighted material produced or purchased with grant funds on a California State Library website for public access and viewing.

12. Discharge of Grant Obligations: The Subrecipient' sobligations under this Agreement shall be deemed discharged only upon acceptance of the final report by California State Library. If the Subrecipient isa non- profit entity, the Subrecipient’sBoard of Directors shall accept and certify as accurate the final report prior to its submission to California State Library.

13. Dispute Resolution: In the event of a dispute, Subrecipient will discussthe problem informally with the Grant Monitor. If unresolved, the Subrecipient shall file a written “ Notice of Dispute” with the State Library Grant Monitor within ten 10) days of discovery of the problem. Within ten ( 10) days of receipt, the Grant Monitor shall meet with the Subrecipient for purposes of resolving the dispute.

Any dispute arising under the terms of this Agreement which isnot disposed of within a reasonable period of time, the Subrecipient may bring it to the attention of the State Librarian or the designated representative. The decision of the State Librarian or designated representative shall be final. Unlessotherwise instructed by the Grant Monitor, the Subrecipient shall continue with its responsibilities under this Agreement during any dispute.

14. Drug-free Workplace: The Subrecipient certifies under penalty of perjury under the laws of California, that the Subrecipient will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et. seq.) and will provide a drug- free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establisha Drug-Free Awareness Program to inform employees about all of the following:

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1) The dangers of drug abuse in the workplace.
2) The Subrecipient’ spolicy of maintaining a drug- free workplace; 3) Any available counseling, rehabilitation and employee assistance programs.
4) Penalties that may be imposed upon employees for drug abuse violations. c. Require that every employee who works on the Agreement will:
1) Receive a copy of the Subrecipient’ sdrug- free workplace policy statement.
2) Agrees to abide by the terms of the Subrecipient’s statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Subrecipient may be ineligible for award of any future state agreements if the California State Library determines that the Subrecipient has made a false certification, or violated the certification by failing to carry out the requirements as noted above.

15. Effectiveness of Agreement: ThisAgreement isof no force or effect until signed by both parties.

16. Entire Agreement: ThisAgreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties.

17. Exclusive Agreement: Thisisthe entire Agreement between the California State Library and Subrecipient.

18. Executive Order N-6-22-RussiaSanctions: The Grantee shall comply with Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russianentities and individuals. “ Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate grant agreements with, and to refrain from entering any new grant agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Grantee isa target of Economic Sanctions or isconducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Grantee advance written notice of such DocuSign Envelope ID: CFC7F3C9- E03F- 4D85- 95CC- 11EE046B2C72 City of Chula Vista
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termination, allowing Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

19. Extension: The State Librarian or designee may extend the final deadline for good cause. The Subrecipient’s request for an extension of the grant period must be made in writing and received by the California State Library at least 30 days prior to the final deadline. Extensionsof up to 30 days following the original project period end date may be granted. Extended project end dates may not exceed the end of the Federal fiscal year ( September 30).

20. Failure to Perform: If the Grant Monitor determines the Subrecipient has not complied with this Agreement, or isnot implementing the project as approved by the State Library, the Subrecipient may forfeit the right to reimbursement of any grant funds not already by the California State Library, including, but not limited to, the ten percent ( 10%) withhold.

21. Federal and State Taxes: The State Library shall not:
a. Withhold Federal Insurance Contributions Act ( FICA) payments from Subrecipient’ spayments or make FICA payments on the Subrecipient’ s behalf; or
b. Make Federal or State unemployment insurance contributions on Subrecipient’ sbehalf; or
c. Withhold Federal or State income taxes from Subrecipient’ spayments Subrecipient shall pay all taxes required on payments made under this Agreement including applicable income taxes and FICA.

22. Force Majeure: Neither the California State Library nor the Subrecipient, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance iscaused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by the California State Library or the Subrecipient, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party.

23. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If grant funds are not expended, or have not been expended, in accordance with this Agreement, the State Librarian or designee, at their sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Subrecipient to forfeit the unexpended portion of the grant funds, including, DocuSign Envelope ID: CFC7F3C9- E03F- 4D85- 95CC- 11EE046B2C72 City of Chula Vista
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but not limited to, the ten percent ( 10%) withhold, and/ or to repay to the California State Library any funds improperly expended.

24. Fringe Benefit Ineligibility: Subrecipient agrees that neither the Subrecipient nor its employees and contract personnel are eligible to participate in any employee pension, health benefit, vacation pay, sick pay or other fringe benefit plan of the State of California or the State Library.

25. Generally Accepted Accounting Principles: The Subrecipient isrequired to use Generally Accepted Accounting Principles in documenting all grant expenditures.

26. Grant Monitor: The Grant Monitor may monitor Subrecipient performance to ensure Subrecipient expends grant funds appropriately and in a manner consistent with the terms and conditions contained herein. The Grant Monitor does not have the authority to approve any deviation from or revision to the Termsand Conditions ( Exhibit A) or the Procedures and Requirements, unless such authority isexpresslystated in the Procedures and Requirements.

27. Independent Action: Subrecipient reserves the right to fulfill its obligations under this Agreement in an independent manner, at any location and at any time within the agreed- upon timeline. Subrecipient’ s employees or contract personnel shall perform all services required by this Agreement, but their time need not be devoted solely to fulfilling obligations under this Agreement. Subrecipient shall furnish all equipment and materials used to meet its obligations, and complete the Project. The State Library shall not provide any personnel or other resources beyond the grant award, and isnot required to provide training in connection with this Agreement.

28. Indemnification: Subrecipient agrees to indemnify, defend and save harmless the State of California, the California State Library and its officers, employees, and agents, from any and all claims, losses, and liabilities accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and lossesaccruing or resulting to any person, firm or corporation who may be injured or damaged by Subrecipient in the performance of this Agreement.

29. License to Use: The California State Library and the Institute of Museum and Library Services reserve a fully paid- up, royalty- free, nonexclusive, sub-licensable and irrevocable license to reproduce, publish, prepare derivative works, DocuSign Envelope ID: CFC7F3C9- E03F- 4D85- 95CC- 11EE046B2C72 City of Chula Vista
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distribute or otherwise use, and to authorize third parties to use, any material received or maintained by Subrecipient in connection with this Agreement. This includes intellectual property, with or without third- party rights. All such usages will be for public library and State governmental purposes:
a. The copyright in any work developed under this grant or contract under this award; and
b. Any rights of copyright to which a Subrecipient or a contractor purchases ownership with award support.

30. Limitation of Expenditure: Expenditure for all projects must conform to the approved budget, as amended, and with applicable Federal and State laws and regulations. The total amount paid by the California State Library to the subrecipient under this agreement shall not exceed $ 33,929 and shall be expended/ encumbered in the designated award period.

During the award period, the subrecipient may find that the awarded budget may need to be modified. Budget changes, requests for additional funds, or requests for reductions in award funding must be discussed with the assigned State Library Grant Monitor and a Grant Award Modification may be required to be submitted according to the instructions. Approval isby the State Librarian.

Adjustments should be reported on the next financial report. Any adjustments in approved budgets must be documented and documentation retained in project accounts.

31. Lobbying: Subrecipient confirms that the grant funds will not be used for the purposes of lobbying or otherwise attempting to influence legislation, as those purposes are defined by the U.S. Internal Revenue Code of 1986.

32. Non-Discrimination Clause: During this grant period, the Subrecipient and the Subrecipient’ scontractors, and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. Subrecipient shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment.

Additionally, Subrecipient, contractors, and subcontractors, if applicable, shall comply with the provisions of the Fair Employment and Housing Act ( Gov. Code 12900 et seq.), the regulations promulgated thereunder ( Cal. Code Regs., tit. 2, 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of DocuSign Envelope ID: CFC7F3C9- E03F- 4D85- 95CC- 11EE046B2C72 City of Chula Vista
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the Government Code ( Gov. Code §§ 11135-11139.5), and the regulations or standards adopted by the California State Library to implement such article.

Subrecipient shall permit access by representatives of the Department of Civil Rights and the California State Library upon reasonable notice at any time during the normal business hours, but in no case lessthan 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the California State Library shall require to ascertain compliance with this clause. Subrecipient, and its contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. ( See Cal. Code Regs., tit. 2, §11105.) Subrecipient shall include the non- discrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the Agreement.

33. Notices: All notices and other communications in connection with this Agreement shall be in writing, and shall be considered delivered as follows:
a. Electronic Mail ( E-mail): When sent by e-mail to the last e-mail address of the recipient known to the party giving notice. Notice iseffective upon transmission.
b. DocuSign ( e- signature platform): When sent via DocuSign a notification will be sent to the last e-mail address of the recipient known to the party giving notice. Notice iseffective upon transmission.
c. Grants Management System: When sent via / uploaded to the California State Library’sGrants Management System a notification will be sent to the last e-mail address of the recipient known to the party giving notice.

Notice iseffective upon transmission.
d. Personally: When delivered personally to the recipient’ sphysical address as stated in this Agreement.
e. U.S. Mail: Five days after being deposited in the U.S. Mail, postage prepaid, and addressed to recipient’ s address as stated in this Agreement.

34. Order of Precedence: The performance of this Agreement shall be conducted in accordance with the Termsand Conditions, Procedures and Requirements, Federal Restrictions on the Useof LSTAFunds, LSTAAward Requirements, Certificate of Compliance, and Project Summary of this Agreement, or other combination of exhibits specified on the Grant Agreement Coversheet attached hereto ( collectively referred to as “Terms”). Subrecipient’ s California State Library- DocuSign Envelope ID: CFC7F3C9- E03F- 4D85- 95CC- 11EE046B2C72 City of Chula Vista
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approved Application ( Subrecipient’sApplication) ishereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications or provisions that constitute this Agreement, the following order of precedence shall apply:
a) Grant Agreement Coversheet and any Amendments thereto b) Termsand Conditions
c) Procedures and Requirements
d) Federal Restrictionson the Useof LSTAFunds
e) LSTAAward Requirements
f) Certificate of Compliance
g) Project Summary
h) Subrecipient’ s Application
i ) All other attachments hereto, including any that are incorporated by reference.

35. Payment:
a. The approved Budget, if applicable as detailed in the Award Letter, states the maximum amount of allowable costs for each of the tasks identified in the Activity Timeline included in the project application. California State Library shall provide funding to the Subrecipient for only the work and tasks specified in the Subrecipient’ s Application at only those costs specified in the Budget and incurred in the term of the Agreement. b. The Subrecipient shall carry out the work described in the Subrecipient’ s Application in accordance with the approved Budget, and shall obtain the Grant Monitor’swritten approval of any changes or modifications to the approved project as described in the Subrecipient’ s Application or the approved Budget prior to performing the changed work or incurring the changed cost. If the Subrecipient fails to obtain such prior written approval, the State Librarian or designee, at their sole discretion, may refuse to provide funds to pay for such work or costs.
c. The Subrecipient shall request funds in accordance with the funding schedule included in this agreement.
d. For awards with total funding exceeding $ 20,000, ten percent ( 10%) will be withheld from each Payment Request and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the Subrecipient to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld.

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e. Lodgings, Meals and Incidentals: Subrecipient’seligible costs are limited to the amounts authorized in the U.S. General Services Administration contact the Grant Monitor for more information).
f. Payment will be made only to the Subrecipient.
g. Allowable expenses shall not be incurred unless and until the Subrecipient receives official award notification as described in the Procedures and Requirements.

36. Personal Jurisdiction: The Subrecipient consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties. Native American Tribal Subrecipient sexpressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.

37. Personnel Costs: If there are eligible costs pursuant to Exhibit D, Eligible and Ineligible Costs, any personnel expenditures to be reimbursed with grant funds must be computed based on actual time spent on grant- related activities and on the actual salary or equivalent hourly wage the employee ispaid for their regular job duties, including a proportionate share of any benefits to which the employee isentitled, unless otherwise specified in Exhibit D.

38. Pledge: ThisAgreement shall not be interpreted to create any pledge or any commitment by the State Library to make any other or further grants or contributions to Subrecipient, or any other person or entity in connection with the Project. It ismutually agreed that Subrecipient isresponsible for furnishing funds beyond the award that may be necessary to complete outcomes or deliverables.

39. Privacy Protection: Both parties agree to protect the confidentiality of any non- public, personal information that may be contained in materials received or produced in connection with this Agreement, as required by Civil Code, section 1798, et. seq.

40. Prohibited Use: The expenditure under this program shall not be used to supplant Subrecipient efforts in other grant programs provided by the California State Library and shall not be used to supplant subrecipient effort.

41. Provisions: Thisagreement isentered into under provisions of the Library Services and Technology Act, Public Law 104-208 on September 30, 1996; and DocuSign Envelope ID: CFC7F3C9- E03F- 4D85- 95CC- 11EE046B2C72 City of Chula Vista
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Congressional Record – House, H11644-H11728on September 28, 1996, H12266- H12267on October 3, 1996; and 2 CFR200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, December 26, 2013.

Congress enacted the Museum and Library Services Act of 2010 (Pub. L. 111-340, codified at 20 U.S.C. § 9101 et seq.), which also incorporates Library Services and Technology Act ( LSTA).
a. Performance of the provisions of this agreement issubject to the conditions and availability of funds as awarded by the State Librarian under said Act.

42. Public Records Act: Material maintained or used by the California State Library is considered “ public record” under the Public Records Act ( PRA) at Government Code, sections 6250, et. seq. Thisincludes the Interim and Final reports, and any other written communications between the parties. Subrecipient agrees to ensure that all content contained in its written reports are appropriate for publication. Said material, along with all other reports, documentation and data collected during the term of the Agreement, will be subject to disclosure unlessit qualifies for exemption under the PRAin whole or in part. Subrecipient agrees to alert the State Library as to a basis for exemption, if any exists.

43. Publicity Obligations: Subrecipient will notify the State Library of any promotional materials or publications resulting from the award no later than five (5) days in advance of distribution, whether they are print, film, electronic, or in any other format or medium. Copies of all promotional materials will be provided to the State Library. Subrecipient will acknowledge the LSTAsupport as noted above.

Subrecipient agrees that the State Library may include information about this grant and its outcomes in its own annual reports, with specific reference to Subrecipient, and may distribute such information to third parties.

44. Records: Communications, grant related documents, data, original receipts and invoices must be maintained by Subrecipient and shall be made available to the State Library upon request. Subrecipient agrees to maintain adequate grant program records and adequate financial records consistent with generally accepted accounting practices, and to retain all records for at least five (5) years after the end- of-term. The State Library may monitor or conduct an onsite evaluation of Subrecipient’ s operation to ensure compliance with this Agreement, with reasonable advance notice.

45. Reduction of Waste: In the performance of this Agreement, Subrecipient shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to:

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the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate.

46. Reimbursement Limitations: Under no circumstances shall the Subrecipient seek reimbursement pursuant to this Agreement for a cost or activity that has been or will be paid for through another funding source. The Subrecipient shall not seek reimbursement for any costs used to meet cost sharing or matching requirements of any other California State Library funded program.

47. Reports and Claims: It isthe responsibility of the recipient of these instructions to see that the proper individual to supply the required reports and claims receives the instructions and makes the required reports and claims to the California State Library.
a. The subrecipient shall be responsible for submitting to the State Library Narrative Reports detailing progress and activities. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
b. The subrecipient shall be responsible for submitting to the State Library Financial Reports reflecting project expenditure activity. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
c. To obtain payment hereunder the subrecipient shall submit authorized claims provided by the State Library for that purpose, on each of the following mentioned dates for payment, and the California State Library agrees to reimburse the Library as soon thereafter as State fiscal procedures will permit.
d. In-full payments are typically made for awards totaling $ 20,000 or less. e. Funding for awards totaling more than $ 20,000 are issued in three payments following a 45%/45%/10% payment schedule, unless an exception has been made.
f. The final 10% of the grant award ( if applicable) ispayable only if the subrecipient fulfillsall project reporting requirements and returns all unspent funds by the time specified in the Grant Guide. Failure to provide timely reports isa serious breach of an award recipient’ s administrative duty under the award, which may result in federal audit exceptions against the State and the lossof LSTAfunds.
g. Payment will be provided to cover the expenditures incurred by the subrecipient for the project in the following manner:

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o $ 15,268 upon execution of the agreement and submissionof claim by fiscal agent
o If applicable, second payment will be made upon approval of first quarter financial report and receipt of claim form in the amount of 15,268
o If applicable, final payment will be made upon approval of all final reports and receipt of claim form in the amount of
3,393

48. Self-Dealing and Arm’s Length Transactions: All expenditures for which reimbursement pursuant to this Agreement issought shall be the result of arm’s- length transactions and not the result of, or motivated by, self-dealing on the part of the Subrecipient or any employee or agent of the Subrecipient. For purposes of this provision, “arm’s-length transactions” are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendors are invited to compete for an entity’sbusinessand the entity chooses the lowest of the resulting bids. “Self-dealing” isinvolved where an individual or entity isobligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all award monies are to be expended.

49. Severability: If any part of this Agreement isfound to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement, but the remainder of the provisions in the Agreement will remain in full force and effect.

50. Site Visits: The Subrecipient shall allow the California State Library to access and conduct site visits, with reasonable notice, at which grant funds are expended and related work being performed at any time during the performance of the work and for up to ninety ( 90) days after completion of the work, or until all issues related to the grant project have been resolved. A site visit may include, but not be limited to, monitoring the use of grant funds, provide technical assistance when needed, and to visit the State funded project.

51. Subrecipient: The Subrecipient isthe government or other legal entity to which a subaward isawarded and which isaccountable to the grantee for the use of the funds provided.
a. The subrecipient will make reports to the State Librarian in such form and containing such information as may be required to enable the California State Library to perform its duties. The subrecipient will keep such records and afford such access as the California State Librarian or Library may find necessary to assure the correctness and verification of such reports.

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b. The control of funds and title to property derived there from shall be in a subrecipient agency for the uses and purposes provided; a subrecipient agency will administer such property and funds and shall apply funds only for the purposes for which they were granted.

52. Subrecipient Accountability: The Subrecipient isultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant isadministered, even if the Subrecipient has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owed to the California State Library, the Subrecipient isresponsible for repayment of the funds to the California State Library.

53. Subrecipient Funds: It ismutually agreed that the Subrecipient isresponsible for furnishing funds beyond the grant award that may be necessary to complete the project.

54. Termination: The Agreement shall be subject to termination by the State Librarian or designee upon notice to the Subrecipient at least thirty (30) days prior to the effective date of termination. In the event this agreement is terminated, the Subrecipient shall deliver to the State Librarian copies of all reports, accounting, data, and materials prepared up to the date of termination.

The State Librarian shall determine, and pay the Subrecipient for necessary and appropriate expenditures and obligations up to the date of termination which have not been covered by prior installments previously paid to the Subrecipient.

Upon such termination, the unused portion of the grant award must be returned to the California State Library within 45 days. If funding has been advanced to the Subrecipient, any unobligated balances, as determined by the State Librarian, shall be returned to the State Library within 45 days of the notice of termination.

The State Librarian isempowered to review, audit, and inspect the project for compliance with this agreement.

55. Timeline: Time isof the essence to this Agreement. It ismutually agreed between the parties that the grant application and the timeline included therein are part of the Agreement.

56. Unused Funds: At the end- of-term Subrecipient agrees to return any unexpended or unaccounted for funds to the State Library, or to submit a written request for an extension of the award period. Funds will be considered unexpended or unaccounted if they were: ( 1) not used for their intended purpose, or (2) used inconsistently with the terms of this Agreement.

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Fundswill also be considered unaccounted for, and must be returned, if the proposal outcomes or deliverables are materially incomplete by the end- of-term or earlier termination, as determined by the State Library in its sole discretion.

57. Waiver of Rights: California State Library shall not be deemed to have waived any rights under this Agreement unlesssuch waiver isgiven in writing and signed by California State Library. No delay or omission on the part of California State Library in exercising any rights shall operate as a waiver of such right or any other right. A waiver by California State Library of a provision of this Agreement shall not prejudice or constitute a waiver of California State Library’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by California State Library, nor any course of dealing between California State Library and Subrecipient, shall constitute a waiver of any of California State Library’s rights or of any of Subrecipient’s obligations as to any future transactions. Whenever the consent of California State Library is required under this Agreement, the granting of such consent by California State Library in any instance shall not constitute continuing consent to subsequent instances where such consent isrequired and in all cases such consent may be granted or withheld in the sole discretion of California State Library.

58. Work Products: Subrecipient shall provide California State Library with copies of all final products identified in the Work Plan and Application. Subrecipient shall also provide the State Library with copies of all public education and advertising material produced pursuant to this Agreement.

59. Workers’ Compensation: The State of California will not provide Workers’ Compensation insurance for Subrecipient or Subrecipient’ semployees or contract personnel. If Subrecipient hires employees to perform services required by this Agreement, Subrecipient shall provide Workers’ Compensation insurance for them. The Subrecipient isaware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the Labor Code, and the Subrecipient agrees to comply with such provisions before commencing the performance of the work of this Agreement.

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EXHIBITB: FEDERALRESTRICTIONSON THEUSEOF LSTAFUNDS
Toclarify some of the more commonly- occurring questions regarding how Library Services and Technology Act ( LSTA) funds can or cannot be used, please see the list of explanations below. These explanations have been extracted from the Code of Federal Regulations and listimportant highlights of allowable and unallowable costs.

Administrators and project coordinators of LSTAgrant projects are cautioned that they must abide by all regulations in conducting their projects and in allotting charges against grant funds. In cases of ambiguity, uncertainty, or questions in identifying allowable cost items under Federal procedures, contact the LSTAGrant Email at [email protected]. gov . A complete listwith descriptions can be found on the Electronic Code of Federal Regulations webpage.

1. ADVERTISINGAND PUBLICRELATIONSAdvertising costs are allowable only when incurred for the recruitment of personnel, the procurement of goods and services, the disposal of scrap or surplusmaterials, and other specific purposes necessary to meet the requirements of the Federal award. Public relations costs are allowable when incurred to communicate with the public and press pertaining to specific activities or accomplishments that result from performance of the Federal award. Costs of advertising and public relations at conventions, meetings or other events, including displays, demonstrations, exhibits, meeting rooms, hospitality suites, and special facilities used in conjunction with shows and special events; and salaries of employees engaged in setting up and displaying exhibits, making demonstrations, and providing briefings are unallowable.

Source: 2 CFRPart 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations: Advertising and Public Relations

2. ADVISORYCOUNCILSCosts incurred by advisory councils or committees are unallowable unless authorized by statute, the Federal awarding agency or as an indirect cost where allocable to Federal awards. See § 200.444 General costs of government, applicable to states, local governments and Indian tribes. Source: 2 CFRPart 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations:

Advisory Councils

3. ALCOHOLIC BEVERAGESCosts of alcoholic beverages are unallowable. Source: 2 CFRPart 200 Uniform Administrative Requirements, Cost Principles, and Audit DocuSign Envelope ID: CFC7F3C9- E03F- 4D85- 95CC- 11EE046B2C72 City of Chula Vista
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Requirements for Federal Awards. See Electronic Code of Federal Regulations:

Alcoholic Beverages

4. BUILDING, CONSTRUCTION, RENOVATIONCOSTSBuilding, construction, or renovation costs are unallowable. Source: 2 CFRPart 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations: Equipment and Other Capital Expenditures, Rearrangement and Reconversion Costs, and Maintenance and Repair Costs

5. CONFERENCESCosts of meetings and conferences, including meals, transportation, rental of meeting facilities, and other incidental costs, where the primary purpose isthe dissemination of technical information, are allowable.

Source: 2 CFRPart 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations: Conferences

6. CONTRIBUTIONS, DONATIONS, HONORARIUMS, STIPENDSContributions and donations, including cash, property, and services, that use grant funds and are made by grant recipients to others, regardless of the recipient, are unallowable.

Source: 2 CFRPart 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations: Contributions and Donations
NOTE: Honorariums and stipends are also unallowable. Wages, salaries, reimbursements, payment for work done, and fees charged by speakers are allowable)

7. ENTERTAINMENTCosts of entertainment, including amusement, diversion, and social activities, and any costs directly associated with those, such as tickets to shows or sports events, meals, lodging, rentals, transportation, and gratuities are unallowable. Source: 2 CFRPart 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations: Entertainment

8. FUND-RAISINGCosts of organized fund- raising, including financial campaigns, solicitation of gifts and bequests, and similar expenses incurred to raise capital or to obtain contributions, are unallowable. Source: 2 CFRPart 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations: Fundraising

9. GENERALGOVERNMENTEXPENSESThe general costs of government, including services normally provided to the general public, such as fire and police, are unallowable. Source: 2 CFRPart 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations: General Government Expenses
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10. INCOME FROMPROJECTProject income, e.g., fees charged for the use of library space in the context of a grant project, or to recover out of pocket project- related costs, or to create products such as manuals, or for other expenditures directly related to and used for the purposes of the grant and accrued under the conditions of the grant award, are allowable. Source: 2 CFRPart 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations: Program Income

11. LOBBYINGThe cost of certain influencing activities associated with obtaining grants, contracts, cooperative agreements or loans, isunallowable. Costs of membership in organizations substantially engaged in lobbying are unallowable.

Source: 2 CFRPart 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations: Lobbying

12. MEMBERSHIPS, SUBSCRIPTIONS, AND PROFESSIONALACTIVITIESCosts of the grant recipient’ smemberships in business, technical, and professional organizations are allowable. ( NOTE: The State Library’spolicy isthat use of LSTAfunds for personal memberships in organizations isnot permitted.) Subscriptions to business, professional, and technical periodicals are allowable. Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations:

Memberships, Subscriptions, and Professional Activities

13. PREMIUMS, PRIZES, INCENTIVES, AND SOUVENIRSCosts of promotional items and memorabilia, including models, gifts, and souvenirs, are unallowable. See ADVERTISINGAND PUBLICRELATIONS (e)( 3).

14. REFRESHMENTSSee ENTERTAINMENT (unallowable), and MEMBERSHIPS, SUBSCRIPTIONS, AND PROFESSIONALACTIVITIES (allowable).

15. TRAININGThe cost of training provided for employee development isallowable.

Source: 2 CFRPart 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations: Training

16. TRAVELEXPENSETravel costs are allowable for expenses for transportation, lodging, subsistence, and related items incurred by employees traveling on official business. Charges should be consistent with those normally allowed in like circumstances of the grant recipient organization in its regular operations and policy, in non- federally sponsored activities. An exception to this isthat car mileage reimbursement for all awarded LSTAgrants cannot exceed the current state rate. The current mileage state rate can be located on the CalHR Travel Reimbursements webpage. Reimbursement isthe preferred method of payment for travel expenses. Source: 2 CFRPart 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations: Travel
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NOTE: The State Library’s policy on out- of-state travel and conferences isthat they are generally not allowed. There are exceptions, however, based on the importance of the travel and/ or conference to the grant. If your grant will include out-of-state travel or attendance at an out-of-state conference, consult with your grant monitor beforehand to obtain State Library approval before scheduling the trip or registering for the conference.) DocuSign Envelope ID: CFC7F3C9- E03F- 4D85- 95CC- 11EE046B2C72 City of Chula Vista
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EXHIBITC: LSTAAWARDREQUIREMENTS
A. CIPA Compliance
The Institute of Museum and Library Services establishes guidelines to ensure that the California State Library’s implementation of the Children' sInternet Protection Act ( CIPA) complies with the 2003 decision of the USSupreme Court. The California State Library is required by 20 U.S.C. Section 9134(b)( 7) to provide assurance that we will comply with 20 U.S.C. Section 9134(f), which sets out standards relating to Internet Safety for public libraries and public elementary school and secondary school libraries.

Under CIPA, California State Library must assure the Federal Government that no funds will be made available for public libraries and public elementary and secondary school libraries to purchase computers to access the Internet or pay for the direct costs of accessing the Internet unlessthe libraries have certified that they have Internet safety policies and technology protection measures, e.g., software filtering technology, in place. California State Library must collect certifications from libraries subject to CIPA that apply to the States for Library Services and Technology Act ( LSTA) funding. Public libraries and public elementary and secondary school libraries must be in compliance with CIPA to obtain IMLSState Program funding which will be used to purchase computers used to access the Internet or to pay for direct costs associated with accessing the Internet.

The director or the authorized representative of the Subrecipient organization receiving LSTAfunding must certify that the library isone of the following:

An individual applicant that is CIPA compliant.

The applicant library, as a public library, a public elementary school library or a public secondary school library, has complied with the requirements of Section 9134(f)(1) of the Library Services and Technology Act.

Representing a group of applicants. Those applicants that are subject to CIPA requirements have certified they are CIPA compliant.

All public libraries, public elementary school libraries, and public secondary school libraries, participating in the application have complied with the requirements of DocuSign Envelope ID: CFC7F3C9- E03F- 4D85- 95CC- 11EE046B2C72 City of Chula Vista
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Section 9134(f)(1) of the Library Services and Technology Act. The library submitting this application has collected Internet Safety Certifications from all other applicants who are subject to CIPA requirements. The library will keep these certifications on file with other application materials, and if awarded funds, with other project records.

Not Subject to CIPA Requirements.

CIPA requirements do not apply because no LSTAfunds made available under this grant program will be used to purchase computers that can access the Internet or to pay for direct costs associated with accessing the Internet.

For more information on CIPA, please visit the Children’sInternet Protection Act ( CIPA) webpage on the Federal Communications Commission’s (FCC) website.

B. Contracting Guidance
OMB’s Code of Federal Regulations outlines important regulations surrounding contracts that, as a recipient of LSTAfunds, the State Library and its subrecipients must follow.

C. Language Access Services
To remain compliant with Title VI of the Civil Rights Act of 1964, all LSTAfunding recipients must take reasonable steps to make LSTA-funded awards accessible to people with limited Englishproficiency.

These procedures apply to all of California State Library’sfederally funded programs and activities and extends to all programs and activities conducted by the State Library’s federally funded sub-recipients.

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EXHIBITD: CERTIFICATIONOF COMPLIANCEFORM

1. AUTHORIZEDREPESENTATIVE: I certify that the authorized representative named below isthe legally designated representative of the Subrecipient for this Award Agreement and project, and isauthorized to receive and expend funds in order to administer this award program.

I certify that all information provided to the California State Library for review in association with this award iscorrect and complete to the best of my knowledge, and as the authorized representative of the Subrecipient, I commit to the conditions of this award, and I have the legal authority to do so.

I certify that any or all other subrecipients participating in the program have agreed to the terms of the application/ grant award, and have entered into an agreement( s) concerning the final disposition of equipment, facilities, and materials purchased for this program from the funds awarded for the activities and services described in the attached, as approved and/ or as amended in the application by the California State Librarian.

The authorized representative, on behalf of the Subrecipient, certifies that the Subrecipient will comply with all applicable requirements of all State and Federal laws, regulations, and policies governing this program, to include the requirements listed below in this Certification of Compliance Form. a. The organization receiving this LSTAaward, as listed in the certification section below, and all program staff, agree to comply with the Uniform Guidance for Grants outlined in the Code of Federal Regulations established by the United State Office of Management and Budget
b. The organization receiving this LSTAaward, as listed in the certification section below, and all program staff, agree to comply with the rules, regulations and guidance provided by the following:

IMLSLSTAAdministration Guidance
California Code of Regulations established by the California Office of Administrative Law
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The organization receiving this LSTAaward, as listed in the certification section below, and all project staff agree, to comply with all state and federal laws, regulations, and policies governing this program, to include the requirements contained in LSTAAward Requirements section of this document.

The authorized representative, on behalf of the Subrecipient, hereby certifies to the California State Library, for an award of funds in the amount $ 33,929. This award will provide library services as set forth in the LSTAService Project Application as approved and/ or as amended by the California State Librarian.

2. STATEMENTOFCOMPLIANCE: Subrecipient has, unlessexempted, complied with the non- discrimination program requirements. ( Gov. Code § 12990 (a-f) and CCR, Title2, Section 11102).

3. DRUG-FREEWORKPLACEREQUIREMENTS: Subrecipient will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug- free workplace by taking the following actions:
b. Publisha statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
c. Establisha Drug-Free Awareness Program to inform employees about:
i. the dangers of drug abuse in the workplace;
ii. the person' sor organization' spolicy of maintaining a drug- free workplace;
iii. any available counseling, rehabilitation and employee assistance programs; and,
iv. penalties that may be imposed upon employees for drug abuse violations.
d. Every employee who works on the proposed Agreement will:
i. receive a copy of the company' sdrug- free workplace policy statement; and,
ii. agree to abide by the terms of the company' s statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Subrecipient may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Subrecipient has made DocuSign Envelope ID: CFC7F3C9- E03F- 4D85- 95CC- 11EE046B2C72 City of Chula Vista
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false certification or violated the certification by failing to carry out the requirements as noted above. ( Gov. Code § 8350 et. seq.)

4. CONFLICTOF INTEREST: Subrecipient needs to be aware of the following provisions regarding current or former state employees. If Subrecipient has any questions on the status of any person rendering services or involved with the Agreement, the California State Library must be contacted immediately for clarification
Current State Employees ( Pub. Contract Code § 10410):
a). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which issponsored or funded by any state agency, unless the employment, activity or enterprise isrequired as a condition of regular state employment.
b). No officer or employee shall contract on their own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code § 10411):
a). For the two- year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision- making process relevant to the contract while employed in any capacity by any state agency.
b). For the twelve- month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy- making position in the same general subject area as the proposed contract within the 12-month period prior to their leaving state service.

If Subrecipient violates any provisions of above paragraphs, such action by Subrecipient shall render this Agreement void. ( Pub. Contract Code § 10420).

Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. ( Pub.

Contract Code § 10430 (e)).

5. LABORCODE/WORKERS' COMPENSATION: Subrecipient needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, DocuSign Envelope ID: CFC7F3C9- E03F- 4D85- 95CC- 11EE046B2C72 City of Chula Vista
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and Subrecipient affirms to comply with such provisions before commencing the performance of the work of this Agreement. ( Labor Code § 3700).

6. AMERICANSWITHDISABILITIESACT: Subrecipient assuresthe State that it complies with the Americans with Disabilities Act ( ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101et. seq.)

7. RESOLUTION: For awards totaling $ 350,000 or more, a county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

8. PAYEEDATA RECORDFORMSTD. 204: Thisform must be completed by all Subrecipients.

9. NONDISCRIMINATION:

The authorized representative certifies that the Subrecipient or itsFiscal Agent will comply with the following:
a. Title VI of the Civil Rights Act of 1964, as amended ( 42 U.S.C. § 2000 et seq.), which prohibits discrimination on the basis of race, color, or national origin;
b. Section 504 of the Rehabilitation Act of 1973, as amended ( 29 U.S.C. 701 et seq.), which prohibits discrimination on the basis of disability note: IMLSapplies the regulations in 45 C.F.Rpart 1170 in determining compliance with § 504 as it applies to recipients of Federal assistance);
c. Title IX of the Education Amendments of 1972, as amended ( 20 U.S.C. § 1681–83, 1685-86), which prohibits discrimination on the basis of sex in education programs;
d. The Age Discrimination in Employment Act of 1975, as amended ( 42 U.S.C. § 6101 et seq.),
which prohibits discrimination on the basis of age; and e. The requirements of any other nondiscrimination statute( s) which may apply.

10. DEBARMENTAND SUSPENSION:

The authorized representative certifies to the best of their knowledge and belief that neither the Subrecipient nor its Fiscal Agent:
a. Are presently excluded or disqualified;
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b. Have been convicted within the preceding three years of any of the offenses listed in 2 C.F.R. part 180.800(a) or had a civil judgment rendered against it or them for one of those offenses within that time period; fraud, antitrust, embezzlement, forgery, bribery, tax evasion, making false statements, receiving stolen property, or similar offenses so serious as to affect the integrity of the subrecipient or its fiscal agent.
c. Are presently indicted for or otherwise criminally or civilly charged by a governmental entity ( Federal, State, or local) with commission of any of the offenses listed in 2 C.F.R. part 180.800(a) and enumerated above.
d. Have had one or more public transactions ( Federal, State, or local) terminated within the preceding three years for cause or default.

11. TRAFFICKINGIN PERSONS:

Theauthorized representative certifies to the best of theirknowledge and belief that neither the Subrecipient nor its Fiscal Agent:
engages in trafficking in persons, procures a commercial sex act, or uses forced labor
procures a commercial sex act during the period of time that the award isin effect
uses forced labor in the performance of the grant

12. FEDERALDEBTSTATUS: Representative certifies to the best of their knowledge and belief that the Subrecipient isnot delinquent in the repayment of any Federal debt.

13. CERTIFICATIONREGARDINGLOBBYINGACTIVITIES (APPLIESTOAPPLICANTS REQUESTINGFUNDSIN EXCESSOF $100,000) (31 U.S.C. § 1352):
a. No Library Services and Technology Act funds have been paid or will be paid, b y or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal 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 a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into of a cooperative agreement, or the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement.
b. No Library Services and Technology Act funds have been paid or will be paid, b y or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any State agency, Member of the Legislature, an officer or employee of the Legislature, or DocuSign Envelope ID: CFC7F3C9- E03F- 4D85- 95CC- 11EE046B2C72 City of Chula Vista
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an employee of a Member of the Legislature in connection with legislative action through oral or written communication with State legislative officials, or solicitation of others to influence or attempt to influence legislative action.
c. No Library Services and Technology Act or other federal funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence any officer or employee of any count y, district, or city agency, in connection with legislative action through oral or written communication with officials, or solicitation of others to influence or attempt to influence legislative action. LSTAfunds will not be used for costs to:
draft legislation or resolutions
travel to meetings of governmental bodies urge passage of legislation or resolutions
survey voters regarding passage and drafting of legislation or resolutions
pay governmental fees (use fees, ballot filing fees, permits, etc.)

14. DRUG-FREEWORKPLACE:
a. Continue to provide a drug- free workplace by complying with the requirements in 2 C.F.R. part 3186 (Requirements for Drug-Free Workplace Financial Assistance)). In particular, the recipient must comply with drug- free workplace requirements in subpart B of 2 C.F.R. part 3186, which adopts the Government- wide implementation ( 2 C.F.R. part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988 (P. L. 100-690, Title V, Subtitle D; 41 U.S.C. §§ 701-707).
b. Thisincludes, but isnot limited to: making a good faith effort, on a continuing basis, to maintain a drug- free workplace; publishing a drug- free workplace statement; establishing a drug- free awareness program for the employees; taking actions concerning employees who are convicted of violating drug statutes in the workplace.

15. LSTAAWARDREQUIREMENTS: I have read, understand and agree to comply with the LSTAAward Requirements as outlined in this award packet.

16. CIPA CERTIFICATION: The organization receiving this LSTAaward, as listed in the certification section below is (please select one):

An individual applicant that isCIPA compliant
Representing a group of applicants. Those applicants that are subject to CIPA requirements have certified that they are CIPA compliant Not subject to CIPA requirements
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17. LANGUAGEACCESSSERVICES: The organization receiving this LSTAaward, as listed in the certification section below, and all program staff, agree to comply with the language access services requirement as prescribed by TitleVI of the Civil Rights Act of 1964.

18. ACCESSIBILITY: The organization receiving this LSTAaward, as listed in the certification section below, and all program staff, will ensure all LSTA-funded project materials will meet California accessibility standards.

The State isresponsible for ensuring that public websites are accessible to both the general public and state employees, including persons with disabilities.

Subrecipient shall assistthe State in meeting its responsibility. Therefore, all project materials generated by state funded programs must meet the California Accessibility Standards. Additionally, all project materials designed, developed, and maintained shall be in compliance with the California Government Code, sections 7405 and 11135, and the Web Content Accessibility Guidelines 2.0, or a subsequent version, as published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria.

However, if for some reason project material isnot generated to be in compliance to meet these standards, please stillsubmit it to the State Library.

When submitting the material make sure to note that the material isnot accessible by including “ NOT ACCESSIBLE” in the file name.

The California State Library reserves the right to post project materials to its website that are in compliance with these standards.

Common, applicable award materials include, but are not limited to:

Project toolkits
Digital resources
Publications
Survey templates
Project marketing materials

19. ACKNOWLEDGEMENT: The organization receiving this LSTAaward, as listed in the certification section below, and all program staff, agree to comply with IMLSand California State Library acknowledgement requirements.

20. ADDITIONALCERTIFICATIONS : The authorized representative also certifies that the Subrecipient or its Fiscal Agent will comply with the following:

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all requirements by the Federal-sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements.
insuring the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency' s (EPA) listof violating facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPAOffice of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA.
the flood insurance purchase requirements of Section 102(a) requires, on or after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase " Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance.
assistingthe Federal grantor agency in itscompliance with Section 106 of the National Historic Preservation Act of 1966 as amended ( 16 U.S.C. 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (16 U.S.C. 469a-1 et seq.) by ( a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects ( see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties, and by ( b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties.

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Certification

ORGANIZATION
Name: Address (official and complete):

PROJECTCOORDINATOR
Name:

Email: Phone:

SUBRECIPIENTAUTHORIZEDREPRESENTATIVE
Name: Title:

Email: Phone:

Signature: Date:

DocuSign Envelope ID: CFC7F3C9- E03F- 4D85- 95CC- 11EE046B2C72 619- 691-5170jwhatley@chulavistaca. gov
619- 691- 5160
365 F Street
Chula Vista, CA 91910
ahamlin@chulavistaca. gov
2/ 21/ 2024
Chula Vista Public Library
Joy Whatley Library Director
Alyson Hamlin
City of Chula Vista
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Authorized Representative Signature
In Witness Whereof, ThisGrant Agreement has been executed by the parties hereto.

ORGANIZATION
Name: Address:

Authorized Representative
Signature: Date:

Printed Name of Person Signing: Title:

STATEOF CALIFORNIA
Agency Name:

California State Library
Address:
900 N St.

Sacramento, CA 95814
Signature: Date:

Printed Name of Person Signing:

Greg Lucas
Title:

State Librarian
DocuSign Envelope ID: CFC7F3C9- E03F- 4D85- 95CC- 11EE046B2C72 2/ 9/ 2024
LibraryDirectorJoyWhatley
365 F Street
Chula Vista, CA 91910
Chula Vista Public Library
2/ 21/ 2024

LSTA FINANCIAL CLAIM
First PAYMENT

CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that this claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein.

By
Signature of the Authorized Representative)
Print Name) ( Title)
Legal payee name must match the payee’s federal tax return. Warrant will be made payable to payee name. Payee discrepancies in name and/ or address may cause delay in payment . If you need to change payee name and/ or address, please contact Fiscal Services at federalgrants. fiscal@library. ca. gov.

State of California, State Library Fiscal Office
ENY: 2023 ITEM NO: 6120- 211-0890, Chapter 12, Statutes of 2023 PURCHASING AUTHORITY NUMBER: CSL- 6120 REPORTING STRUCTURE: 61202000 COA: 5432000 PROGRAM #: 5312
FAIN: LS or N/A
By Date
State Library Representative)
Grant Award #: LS-I-23- 7 Date:

Invoice #: LS-I-23-7-01 PO #:

Payee Name: City of Chula Vista
Legal name of authorized agency to receive, disburse and account for funds*) Complete Address:

Street Address, City, State, Zip Code ( Warrant will be mailed to this address) Amount Claimed: $ 15,268. 00 Type of Payment:

Payable Upon Execution of Agreement) PROGRESS
Grantee Name: City of Chula Vista FINAL Name on Award Letter and Agreement) IN FULL
Project Title: Memory Lab AUGMENT
For Period From: upon execution to end of grant period
DocuSign Envelope ID: CFC7F3C9- E03F- 4D85- 95CC- 11EE046B2C72 365 F Street Chula Vista, CA 91910
2/ 21/ 2024
Joy Whatley Library Director
2/ 26/ 2024
7248
STATEOFCALIFORNIA – DEPARTMENTOFFINANCE

PAYEEDATA RECORD
Requiredwhen receivingpaymentfrom the State of Californiain lieu of IRS W-9 or W-7) STD204 (Rev. 03/2021)
Section 1 – Payee Information
NAME (This is required. Do not leave this line blank. Must match the payee’s federal tax return) BUSINESS NAME, DBA NAME or DISREGARDED SINGLE MEMBER LLC NAME (If different from above) MAILING ADDRESS (number, street, apt. or suite no.) ( See instructionson Page 2)

CITY, STATE, ZIPCODE E-MAIL ADDRESS
Section 2 – Entity Type
Check one (1) box only that matches the entity type of the Payee listed in Section 1 above. (See instructions on page 2) CORPORATION (seeinstructionson page2) SOLE PROPRIETOR / INDIVIDUAL MEDICAL (e.g., dentistry, chiropractic, etc.) SINGLEMEMBERLLC Disregarded Entity owned by an individual

PARTNERSHIP

ESTATEORTRUST
LEGAL (e.g., attorney services)
EXEMPT (e.g., nonprofit)

ALL OTHERS
Section 3 – Tax Identification Number
Enter your Tax Identification Number (TIN) in the appropriate box. The TIN must match the name given in Section 1 of this form. Do not provide more than one (1) TIN.

The TIN is a 9-digit number. Note: Payment will not be processed without a TIN.

For Individuals, enter SSN.

If you are a Resident Alien, and you do not have and are not eligible to get an SSN, enter your ITIN.

Grantor Trusts (such as a Revocable Living Trust while the grantors are alive) may not have a separate FEIN. Those trusts must enter the individual grantor’s SSN.

For Sole Proprietor or Single Member LLC (disregarded entity), in which the sole member is an individual, enter SSN (ITIN if applicable) or FEIN (FTB prefers SSN).

For Single Member LLC (disregarded entity), in which the sole member is a business entity, enter the owner entity’s FEIN. Do not use the disregarded entity’s FEIN.

For all other entities including LLC that is taxed as a corporation or partnership, estates/trusts (with FEINs), enter the entity’s FEIN.

Social Security Number (SSN) or
Individual Tax Identification Number (ITIN)
OR
Federal Employer Identification Number
FEIN)
Section 4 – Payee Residency Status (See instructions)
CALIFORNIARESIDENT – Qualifiedto do businessin Californiaor maintainsa permanentplaceof businessin California.

CALIFORNIANONRESIDENT – Paymentsto nonresidentsfor servicesmaybe subjectto stateincometax withholding.

Noservicesperformedin California
Copyof FranchiseTaxBoardwaiverof statewithholdingis attached.

Section 5 – Certification
I hereby certify under penalty of perjury that the information provided on this document is true and correct.

Should my residency status change, I will promptly notify the state agency below.

NAME OF AUTHORIZEDPAYEE REPRESENTATIVE TITLE E-MAIL ADDRESS SIGNATURE DATE TELEPHONE (include area code)
Section 6 – Paying State Agency
Please return completed form to:

STATE AGENCY/DEPARTMENTOFFICE UNIT/SECTION
MAILING ADDRESS FAX TELEPHONE (include area code)

CITY STATE ZIP CODE E-MAIL ADDRESS
PrintForm ResetFormDocuSignEnvelope ID: CFC7F3C9- E03F- 4D85- 95CC- 11EE046B2C72 95814Sacramento
916- 603- 7157
Admin/ Accounting
900 N Street
Ca. State Library
CA accounting@library. ca.gov
STATEOFCALIFORNIA – DEPARTMENTOFFINANCE

PAYEEDATA RECORD
Requiredwhen receivingpaymentfrom the State of Californiain lieu of IRS W-9 or W-7) STD204 (Rev. 03/2021)

GENERALINSTRUCTIONS
Typeor printthe informationon the PayeeDataRecord, STD204form. Sign, date, andreturnto thestateagency/departmentofficeaddressshownin Section6.

Promptreturnof thisfullycompletedformwill preventdelayswhenprocessingpayments.

Informationprovidedin thisformwill be usedby Californiastateagencies/departmentsto prepareInformationReturns (Form1099).

NOTE: Completionof thisformis optionalfor Governmententities, i.e. federal, state, local, andspecialdistricts.

A completedPayeeDataRecord, STD204form, is requiredfor all payees (non-governmentalentitiesor individuals) enteringintoa transactionthatmayleadto a paymentfromthestate. Eachstateagencyrequiresa completed, signed, anddatedSTD204on file; therefore, it is possiblefor youto receivethisformfrom multiplestateagencieswithwhichyoudo business.

Payeeswhodo not wishto completetheSTD204mayelectnot to do businesswiththe state. If the payeedoesnot completetheSTD204andtherequired payeedata is not otherwiseprovided, paymentmay be reducedfor federaland state backupwithholding. Amountsreportedon InformationReturns (Form 1099) arein accordancewiththeInternalRevenueCode (IRC) andtheCaliforniaRevenueandTaxationCode (R&TC).

Section 1 – Payee Information
Name – Enterthe namethatappearson thepayee's federaltax return. Thenameprovidedshallbe the tax liablepartyandis subjectto IRSTINmatching (when applicable).

SoleProprietor/Individual/RevocableTrusts – enterthenameshownon yourfederaltax return.

SingleMemberLimitedLiabilityCompanies (LLCs) thatis disregardedas an entityseparatefromits ownerfor federaltax purposes - enterthe nameof the individualor businessentitythatis tax liablefor thebusinessin section1. Enterthe DBA, LLCname, trade, or fictitiousnameunderBusinessName.

Note: for the State of Californiatax purposes, a SingleMemberLLC is not disregardedfrom its owner, even if they may be disregardedat the Federallevel.

Partnerships, Estates/Trusts, or Corporations – enterthe entitynameas shownon the entity’s federaltax return. Thenameprovidedin Section1 mustmatch to the TIN providedin section3. Enter any DBA, trade, or fictitiousbusinessnamesunderBusinessName.

Business Name – Enter the businessname, DBA name, trade or fictitiousname, or disregardedLLC name.

Mailing Address – Themailingaddressis the addresswherethe payeewill receiveinformationreturns. Use form STD 205, Payee Data Record Supplement to provide a remittance address if different from the mailing address for information returns, or make subsequent changes to the remittance address.

Section 2 – Entity Type
If the Payee in Section 1 is a(n)… THEN Select the Box for… Individual SoleProprietorship Grantor (RevocableLiving) Trustdisregardedfor federaltax purposes SoleProprietor/Individual LimitedLiabilityCompany (LLC) ownedby an individualandis disregardedfor federaltaxpurposes SingleMemberLLC-ownedby an individual Partnerships Limited Liability Partnerships (LLP) and, LLC treated as a Partnership Partnerships Estate Trust (other than disregardedGrantor Trust) Estate or Trust Corporation that is medical in nature (e.g., medical and healthcare services, physician care, nursery care, dentistry, etc. LLC that is to be taxed like a Corporationand is medical in nature Corporation-Medical
Corporationthat is legal in nature (e.g., servicesof attorneys, arbitrators, notarypublicsinvolvinglegal or law relatedmatters, etc.) LLC that is to be taxed like a Corporation and is legal in nature Corporation-Legal
Corporationthatqualifiesfor an Exemptstatus, including501(c) 3 anddomesticnon-profitcorporations. Corporation-Exempt Corporationthatdoesnotmeetthequalificationsof anyof the othercorporationtypeslistedabove LLC thatis to be taxedas a Corporationanddoesnot meetanyof the othercorporationtypeslistedabove Corporation-All Other
Section 3 – Tax Identification Number
The State of California requires that all parties enteringinto businesstransactionsthat may lead to payment(s) from the state provide their Taxpayer IdentificationNumber (TIN). The TIN is required by R&TC sections 18646 and 18661 to facilitate tax complianceenforcementactivities and preparationof Form 1099 and other information returns as required by the IRC section 6109(a) and R&TC section 18662 and its regulations.

Section 4 – Payee Residency Status
Are you a California resident or nonresident?
A corporationwill be definedas a "resident" if it has a permanentplace of businessin Californiaor is qualifiedthroughthe Secretaryof State to do businessin California.

A partnershipis considereda residentpartnershipif it hasa permanentplaceof businessin California.

An estateis a residentif the decedentwasa Californiaresidentat timeof death.

A trust is a residentif at least one trusteeis a Californiaresident. o Forindividualsandsoleproprietors, theterm "resident" includeseveryindividualwhois in Californiafor otherthana temporaryor transitorypurposeand anyindividualdomiciledin Californiawhois absentfor a temporaryor transitorypurpose. Generally, an individualwhocomesto Californiafor a purpose that will extendover a long or indefiniteperiodwill be considereda resident. However, an individualwho comesto performa particularcontractof short durationwill be considereda nonresident.

For informationon NonresidentWithholding, contactthe FranchiseTax Boardat the numberslisted below:

WithholdingServicesand ComplianceSection: 1-888-792-4900 E-mail address: [email protected] ForhearingimpairedwithTDD, call: 1-800-822-6268 Website: www.ftb.ca.gov Section 5 – Certification
Providethe name, title, email address, signature, and telephonenumberof individualcompletingthis form and date completed. In the event that a SSN or ITIN is provided, the individualidentifiedas thetax liablepartymustcertifythe form. Note: the signeemaydifferfromthe tax liablepartyin thissituationif thesigneecan providea powerof attorneydocumentedfor the individual.

Section 6 – Paying State Agency
This sectionmust be completedby the state agency/departmentrequestingthe STD 204.

Privacy Statement
Section7(b) of the PrivacyActof 1974 (PublicLaw93-579) requiresthatanyfederal, state, or localgovernmentalagency, whichrequestsan individualto disclosetheirsocialsecurityaccountnumber, shallinformthatindividualwhetherthat disclosureis mandatoryor voluntary, by whichstatutoryor otherauthority such numberis solicited, and what uses will be madeof it. It is mandatoryto furnishthe informationrequested. Federallaw requiresthat paymentfor which the requestedinformationis not providedis subjectto federalbackupwithholdingandstatelawimposesnoncompliancepenaltiesof up to $20,000. Youhavethe rightto accessrecordscontainingyourpersonalinformation, suchas yourSSN. To exercisethatright, pleasecontactthe businessservicesunitor the accountspayableunit of the state agency(ies) with which you transactthat business.

All questionsshouldbe referredto the requestingstate agencylisted on the bottomfront of this form.

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