DocuSign Envelope ID: BE25492F-050A-4E2F-BEA9 -DE61 FAF805E3 11''1 CALIFORNIA
■■ STATE LIBRARY
LIBRARY SERVICES AND TECHNOLOGY ACT (LSTA)
AWARD AGREEMENT AND
CERTIFICATION OF COMPLIANCE
DocuSign Envelope ID: 8E25492F-050A-4E2F-BEA9-DE61 FAF805E3
CALIFORNIA
STATE LIBRARY
TABLE OF CONTENTS
Riverside Public Library
Dia de las Ninos
2022-2 023
40-9358
PROJECT SUMMARY .................................................................................. Error! Bookmark not defined.
PROCEDURES and 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.
EXHIBIT A: TERMS AND CONDITIONS .................................................... Error! Bookmark not defined.
EXHIBIT B: FEDERAL RESTRICTIONS ON THE USE OF LSTA FUNDS ..... Error! Bookmark not defined.
EXHIBIT C: LSTA AWARD REQUIREMENTS .................... .......................... 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.
EXHIBIT D: CERTIFICATION OF COMPLIANCE FORM ......................... Error! Bookmark not defined.
Certification ................................................ ............................... Error! Bookmark not defined.
Authorized Representative Signature ..................................... Error! Bookmark not defined .
DocuSign Envelope ID: 8E25492F-050A-4E2F-BEA9-DE61 FAF805E3 ~m CALIFORNIA
~~ STATE LIBRARY
PROJECT SUMMARY
Riverside Public Li brary
Dfa de los Ninos
2022-2023
40-9358
AWARD AGREEMENT BETWEEN THE CALIFORNIA STATE LIBRARY
and Riverside Public Library for the Dfa de los Ninos
AWARD AGREEMENT NUMBER 40-9358
This Award Ag reement ("Agreement ") is entered into on October 1, 2022 by and between the California State Library ("State Library") and Riverside Public Library, ("Subrecipient ").
This Award Agreement pertains to Riverside Public Library's LSTA-funded Dfa de los Ninos 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 LSTA award funds in the amount of $20,000 through the proce ss adopted by the State Library in administering such grants.
The State Library and the Subrecipient , for the consideration and under the condit ions hereinafter set forth in the Grant Agreement , agree as follows :
DocuSign Envelope ID: 8E25492F-050A -4E2F-BEA9-DE61 FAF805E3 ~m CALIFORNIA
~m STATE LIBRARY
PROCEDURES and REQUIREMENTS
A. Term of the Agreement
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The Award term begins on the date of execution of the Agreement by both parties, until August 31 , 2023. 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, 2023 and all eligible program costs must be incurred by this date.
B. Scope of Work
l. Subrecipient agrees to perform all activities specifically identified in the Subrecipient' s application and submitted to the State Library in response to LSTA Copycat Award 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. • Issue contracts 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
l. There are federal restrictions for how LSTA funding can and cannot be spent.
Please be sure to review the Restrictions on the Use of LSTA Grant Funds, also detailed in Exhibit B of this agreement , to ensure that LST A funds are used appropriately. Unallowable costs may not be counted toward a project's match or in-kind contribution.
DocuSign Envelope ID: 8E25492F-050A-4E2F-BEA9-DE61 FAF805E3 D. Narrative and Financial Reports
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l. 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 Cal ifornia 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 proces sed. 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 otherwi se have been eligible for grant fund ing . Any problems or delays must be reported immediately to the Grant Monitor . The financial reports shall reflect the expend itures 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 subm itted by the following dates:
Reporting Period Report Due Date
October - December l st Quarter Financial Report Due and January 15, 2023 January - March 2nd Quarter Financial Report Due April 15, 2023 Mid Project Program Narrative Report
Due
April - June Final Financial Report, Expenditure July 31, 2023 Detail Report and Final Program
Narrative Report Due
60 Days from Project Liquidation Financial Report Due (Only August 31 , 2023 End Date (if end date required if encumbered funds have is extended see not been spent b y project end date)
extension letter for
new dates)
4. Failure to submit timely reports with the appropr iate documentation by the due date may result in rejection of the payment request and/or forfeiture by the Subrecipient of claims for cost s incurred that might otherwise have been eligible for grant funding .
5. The Subrecipient agrees to maintain records and supporting documen tation 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 , DocuSign Envelope ID: BE25492F-050A-4E2F-BEA 9-DE61 FAF805E3 Rive rsid e Publi c Library
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whichever is later. Please refer to Exhibit A, Terms and Conditions for more information.
E. Claim Form and Payment
1. The California State Library shall provide the 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 DJ and the Financial Claim form (included in your award packet) to the California State Library within 14 days of receiving the award packet. These forms will be issued, signed and submitted using the online signature and agreement platform, DocuSign.
3. Any of the sums listed 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. This would be to increase the allotment with the understanding that there will be corresponding decreases in the other allotments so that the total amount paid by the California State Library to the 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 is the Subrecipient 's responsibility 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 issued within 45 days from the date a grant payment request is properly submitted and approved by the Fiscal Analyst .
8. Budget Contingency Clause
a. It is mutually agreed that if the Budget Act of the current fiscal year or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program , this Agreement shall no longer be in full force and effect. In this event , the California State Library shall ha ve no liability to pay any funds whatsoever to the Subrecipient or DocuSign Envelope ID: BE25492F-050A-4E2F-BEA9-DE61 FAF805E3 Rive rside Publi c Library
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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 is reduced or deleted by the Budget Act for purposes of this Program , the California State Library shall have the option to either cancel this Agreement with no liability occurring to itself or offer an Agreement amendment to the Subrecipient to reflect the reduced amount .
c. This grant 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. This grant award is valid and enforceable only if sufficient funds are made available to the State by the United States government for the Fiscal Year 2022-2023 for the purposes of this program. In addition, this grant award is subject 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 is mutually 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 .
DocuSign Envelope ID: BE25492F-050A-4E2F-BEA9-DE61 FAF805E3 -~ CALIFORNIA
~~ STATE LIBRARY
EXHIBIT A: TERMS AND CONDITIONS
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l. Accessibility: The organization receiving this LSTA award, 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 is responsible for ensuring that public websites are accessible to both the general public and state employees , including persons with disabilities.
Subrecipient shall assist the State in meeting its responsibility. Therefore , all project materials generated by state funded programs must meet the California Accessibility Standards. Additionally, all project materials designed, developed , and maintained shall be in compliance with the California Government Code, sections 7 405 and l 1135, and the Web Content Accessibility Guidelines 2.0, or a subsequent version, as published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria .
However, if for some reason project material is not generated to be in compliance to meet these standards, please still submit it to the State Library.
When submitting the material make sure to note that the material is not accessible by including "NOT ACCESSIBLE" in the file name.
The California State Library reserves the right to post project materials to its website that are in compliance with these standards .
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.
a. LSTA award recipients must ensure that the Library Services and Technology Act receive full credit as the funding program and that the DocuSign Envelop e ID: 8E25492F-050A-4E2F-BEA9-DE61 FAF805E3 Riverside Publi c Library
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Institute of Museum and Library Services (IMLS) likewise, is acknowledged 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 press release 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 Services or 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. This credit 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 Acknowledge ment Requirements.
e. IMLS Logo: Use of the IMLS logo, which can be downloaded on the IMLS Logos page, is required on any publications. Please refer to the IMLS Brand Standards page for further details and usage requirements. If the award project results in copyrightable material, the sub Subrecipient or any subcontractor of the sub Subrecipient is free to copyright the work .
However, IMLS and 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 is recommended that you use a photo release form when taking photos of the public. You may use your library's photo release form, or use the IMLS Media 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, employees or agents of the California State Library. The Subrecipient is solely responsible for all activities supported by the grant. Nothing in this Agreement DocuSign Envelope ID: 8E25492F-050A-4E2F -BEA9-DE61 FAF805E3 Riverside Public Library
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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. This Agreement may be amended, modified or augmented by mutual consent of the parties , subject to the requirements and restrictions of this paragraph.
5. Applicable law: The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder . The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County , California.
6. Assignment, Successors, and Assigns: The 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's prior 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.
7. 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 . The Subrecipient agrees to maintain such records for possible audit for a minimum of five (5) years after the final payment , or grant term end date, whichever is later , unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The 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.
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 DocuSign Envelope ID: BE25492F-050A-4E2F-BEA9-DE61 FAF805E3 Rive rsid e Public Library
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ledger , payroll register entries, time sheets, personnel expenditure summary form , travel expense log , paid warrants , contracts and change orders, samples of items and materials developed with grant funds, invoices and/or cancelled checks.
8. Authorized Representative : Subrecipient and the California State Library mutually represent that their authorized representatives have the requisite legal authority to sign on their organization's behalf .
9. Communication: All communications from either party , including an interim check-in at any time during the grant term, shall be directed to the respective Grant Monitor or representative of the California State Library or Subrecipient. For this purpose , the following contact information is provided below:
Riverside Public Library California State Library
Erin Christmas Michellle Killian
3900 Mission Inn Ave. 900 N Street
Riverside, CA, 92501-3252 Sacramento , CA 95814
951 -826-5213 9 l 6-603-6706
echristmas@riversideca .oov michelle.killian @librarv.ca .oov l 0. Confidentiality: Subrecipient will maintain as confidential any material it receives or produces that is marked Confidential or is inherently 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.
11 . Contractor and Subcontractors: Nothing contained in this Grant Agreement or otherwise shall create any contractual relation between the State and any con tractor or subcontractors, and no contract or subcontract shall relieve the Subrecipient of their respon sibilities and obl igations 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 is for the acts and omissions of person s directly employed by the Subrecipient. The Subrecipient' s obligat ion to pay its contractors and subcontractors is an independent obligation from the State 's obligation to make payments to the Subrecipient . As a result, the State shall have no obligation to pay or to enforce the payment of any monie s to any contractor or subcontractor .
12. 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 Copyrigh t Act. (17 U.S.C. l 01 , et DocuSign Envelop e ID: BE25492F-050A-4E2F-BEA9-DE61 FAF805E3 Riversid e Public Library
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seq.) Subrecipient is responsible for obtaining any necessary licenses, permissions, releases or authorizations to use text , images, or other materials owned , copyrighted , or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to the California State Library pursuant to this section. Also, the California State Library may upload, post or transmit copyrighted material produced or purchased with grant funds on a California State Library website for public access and viewing .
13. Discharge of Grant Obligations: The Subrecipient's obligations under this Agreement shall be deemed discharged only upon acceptance of the final report by California State Library. If the Subrecipient is a non-profit entity , the Subrecipient's Board of Directors shall accept and certify as accurate the final report prior to its submission to California State Library.
14. Dispute Resolution: In the event of a dispute , Subrecipient will discuss the 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 is not 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. Unless otherwise instructed by the Grant Monitor, the Subrecipient shall continue with its responsibilities under this Agreement during any dispute.
15. 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. Establish a Drug-Free Awareness Program to inform employees about all of the following:
1) The dangers of drug abuse in the workplace .
2) The Subrecipient's policy of maintaining a drug-free workplace ; DocuSign Envelope ID: 8E25492F-050A-4E2F-BEA9-DE61 FAF805E3 Rive rside Public Library
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3) Any available counseling , rehabilitation and employee assistance programs .
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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 's drug-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 .
16. Effectiveness of Agreement: This Agreement is of no force or effect until signed by both parties .
17. Entire Ag reement: This Agreemen t supersedes all prior agreements , oral or written , made with respect to the subject hereof and, together with all attachments hereto , contains the entire agreement of the parties.
18. Exclu sive Agreement: This is the entire Agreement between the California State Library and Subrecipient.
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 . Extensions of 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 is not implementing the project as approved by the State Library, the Subrec ipient 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 (l 0%) withhold .
21. Federal and State Taxes: The State Library shall not:
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a . Withhold Federal Insurance Contributions Act (FICA) payments from Subrecipient's payments or make FICA payments on the Subrecipient's behalf; or
b . Make Federal or State unemployment insurance contributions on Subrecipient's behalf; or
c. Withhold Federal or State income taxes from Subrecipient's payments 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 is caused by an act of God, weather , accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by the California State Library or the 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 , 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 is required 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 OocuSign Envelope ID: 8E25492F-050A-4E2F-BEA9-DE61 FAF805E3 Rive rsid e Publi c Library
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Terms and Conditions (Exhibit A) or the Procedures and Requirements, unless such authority is expressly stated 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 is not 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 losses accruing 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, 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 $20,000 and shall be expended/encumbered in the designated award period.
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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 is by the State Librarian.
Adjustments should be reported on the next financial report . Any adjustments in approved budget s must be documented and documentation retained in project accounts .
31. Lobbying : Subrecipient confirms that the grant fund s will not be used for the purposes of lobby ing or otherw ise attempting to influence legislation, as tho se 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's contractors , and subcontractors shall not unlawfully discriminate , harass, or allow harassment against any employee or applicant for employment because of race, religious creed , color , national origin , ancestry, physical disability, mental disability, medical condition , genetic information , marital status, sex, age , sexual orientation , or military and veteran status. 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 the Government Code (Gov. Code§§ l l 135-11139.5), 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 less than 24 hours' notice , to such of its books , records , accounts , and all other sources of information and its facilities as said Department or the California State Library shall require 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 wor k under the Ag reement.
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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 is effective upon transmission.
b . DocuSign (e-signature platform) : When sent via DocuSign a notification will be sent to the last e-mail address of the recipient known to the party giving notice . Notice is effective upon transmission.
c. Grants Management System: When sent via/ uploaded to the California State Library's Grants Management System a notification will be sent to the last e-mail address of the recipient known to the party giving notice .
Notice is effective upon transmi ssion.
d . Personally: When delivered personally to the recipient 's physical address as stated in this Agreement .
e. U.S. Mail: Five days after being deposited in the U.S. Mail , postage prepaid , and addressed to recipient 's address as stated in this Agreement.
34. Order of Precedence: The performance of this Agreement shall be conducted in accordance with the Terms and Conditions , Procedures and Requirements, Federal Restrictions on the Use of LSTA Funds, LSTA Award Requirements, Cert ificate 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 approved Applicat ion (Subrecipient 's Application) is hereby incorporated here in by this reference . In the event of conflict or inconsistency between the articles , exhibits, attachments , specifications or provisions that constitute this Agreement , the following order of precedence shall apply:
(a) Grant Agreement Coversheet and any Amendments thereto (b) Terms and Conditions
(c) Procedures and Requirements
(d) Federal Restrictions on the Use of LSTA Funds
(e) LSTA Award Requirements
(f) Certificate of Compliance
(g) Project Summary
(h) Subrecipient's Applicat ion
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(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's written 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 (l 0%) 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.
e. Lodgings, Meals and Incidentals: Subrecipient 's eligible costs are limited to the amounts authorized in the U.S. General Servic es Admini stration (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 s expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and DocuSign Envelope ID: 8E25492F-050A-4E2F-BEA9-DE61 FAF805E3 Rive rside Publi c Libra ry
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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 is paid for their regular job duties, including a proportionate share of any benefits to which the employee is entitled, unless otherwise specified in Exhibit D.
38. Pledge: This Agreement shall not be interpreted to create any pledge or any commitment by the State Library to make any other or further grants or contributions to Subrecipient, or any other person or entity in connection with the Project. It is mutually agreed that Subrecipient is responsible 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: This agreement is entered into under provisions of the Library Services and Technology Act , Public Law l 04-208 on September 30, 1996; and Congressional Record - House, H 11644-H 11728 on September 28, 1996, H 12266- H 12267 on October 3, 1996; and 2 CFR 200, 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 is subject 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 DocuSign Envelope ID: 8E25492F-050A-4E2F-BEA9-DE61 FAF805E3 Riverside Publi c Lib rary
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Code, sections 6250, et. seq. This includes 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 unless it qualifies for exemption under the PRA in 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 LSTA support 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:
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 .
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47. Reports and Claims: It is the 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%/l 0% payment schedule, unless an exception has been made.
f. The final 10% of the grant award (if applicable) is payable only if the subrecipient fulfills all project reporting requirements and returns all unspent funds by the time specified in the Grant Guide . Failure to provide timely reports is a serious breach of an award recipient's administrative duty under the award, which may result in federal audit exceptions against the State and the loss of LSTA funds.
g . Payment will be provided to cover the expenditures incurred by the subrecipient for the project in the following manner:
o $20,000 upon execution of the agreement and submission of 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 N/A
o If applicable, final payment will be made upon approval of all final reports and receipt of claim form in the amount of N/ A
48. Self-Dealing and Arm's Length Transactions : All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm's length transactions and not the result of, or motivated by, self-dealing on the DocuSign Envelope ID: 8E254 92F-050A- 4E2F-BEA9-DE61 FAF805E3 Riverside Public Library
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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's business and the entity chooses the lowest of the resulting bids . "Self-dealing " is involved where an individual or entity is obligated to act as a trustee or fiduciary , as when handling public funds , and chooses to act in a manner that will benefit the individual or entity , directly or indirectly, to the detriment of, and in conflict with , the public purpose for which all award monies are to be expended.
49. Severability: If any part of this Agreement is found to be unlawful or unenforceable , such provisions will be voided and severed from this Agreement , but the remainder of the provisions in the Agreement will remain in full force and effect.
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 is the government or other legal entity to which a subaward is awarded and which is accountable 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 . 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 is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the 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 DocuSign Envelope ID: 8E25492F-050A-4E2F-BEA9-DE61 FAF805E3 Rive rside Public Library
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funds are owed to the California State Library, the Subrecipient is responsible for repayment of the funds to the California State Library.
53. Subrecipient Funds: It is mutually agreed that the Subrecipient is responsible 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 , account ing , data, and materials prepared up to the date of termination.
The State Librarian shall determine , and pay the Subrecipient for neces sary 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 fund ing 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 is empowered to review, audit, and inspect the project for compliance with this agreement.
55. Timeline: Time is of the essence to this Agreement . It is mutually agreed between the parties that the grant application and the timeline included therein are part of the Agreement.
56. Unused Funds: At the end-of-term Subrecipient agrees to return any une xpended 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 une xpended or unaccounted if they were: (1) not used for their intended pu rpose , or (2) used inconsistently with the terms of this Agreement .
Funds will also be considered unaccounted for, and must be returned , if the proposal outcomes or deliverables are materially incomplete by the end-of-term or earlier term ination, as determined by the State Library in its sole discretion.
57. Waiver of Rights: Cal ifornia State Library shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by California State Library. No delay or omission on the part of California State DocuSign Envelope ID: BE25492F-050A-4E2F-BEA9-DE61 FAF805E3 Riverside Public Libra ry
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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 is required 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's employees or contract personnel . If Subrecipient hires employees to perform services required by this Agreement , Subrecipient shall provide Workers' Compensation insurance for them. The Subrecipient is aware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the Labor Code , and the Subrecipient agrees to comply with such provisions before commencing the performance of the work of this Agreement.
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EXHIBIT B: FEDERAL RESTRICTIONS ON THE USE OF LSTA FUNDS To clarify 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 list important highlights of allowable and unallowable costs.
Administrators and project coordinators of LSTA grant 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 LST A Grant Email at LSTAGrant s@librar y.ca .gov . A complete list with descr iptions can be found on the Elec tronic Cod e o f Federal Regulation s webpage .
1. ADVERTISING AND PUBLIC RELATIONS Advertising costs are allowable only when incurred for the recruitment of personnel , the procurement of goods and services, the disposal of scrap or surplus materials , 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 CFR Part 200 Uniform Administrative Requirements , Cost Principles, and Audit Requirements for Federal Awards . See Electronic Code of Federal Regulations : Ad ve rtising and Public Relations
2. ADVISORY COUNCILS Costs 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 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards . See Electronic Code of Federal Regulations :
Ad visory C ouncils
3. ALCOHOLIC BEVERAGES Costs of alcoholic beverages are unallowable. Source: 2 CFR Part 200 Uniform Administrative Requirements , Cost Principles, and Audit DocuSign Envelope ID: 8E25492F-0 50A-4E2F-BEA9-DE61 FAF805E3 Rive rside Public Libra ry
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Requirements for Federal Awards . See Electronic Code of Federal Regulations:
Alco holic Beverag es
4. BUILDING, CONSTRUCTION, RENOVATION COSTS Building , construction , or renovation costs are unallowable. Source: 2 CFR Part 200 Uniform Administrative Requirements , Cost Principles, and Audit Requirements for Federal Awards . See Electronic Code of Federal Regulations: Equipment and Other Capital Expenditur es, Rearrangem ent and Rec onversion Costs, and Maintenan c e and Repair Costs
5. CONFERENCES Costs of meetings and conferences, including meals, transportation, rental of meeting facilities , and other incidental costs, where the primary purpose is the dissemination of technical information , are allowable .
Source: 2 CFR Part 200 Uniform Administrative Requirements , Cost Principles, and Audit Requirements for Federal Awards . See Electronic Code of Federal Regulations: Conf erenc es
6. CONTRIBUTIONS, DONATIONS, HONORARIUMS, STIPENDS Contributions 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 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations: Contributi ons and Donati ons
(NOTE: Honorariums and stipends are also unallowable. Wages , salaries, reimbursements, payment for work done , and fees charged by speakers are allowable)
7. ENTERTAINMENT Co sts 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 CFR Part 200 Uniform Administrative Requirements , Cost Principles , and Audit Requirements for Federal Awards . See Electronic Code of Federal Regulations: Entertainm ent
8. FUND-RAISING Costs 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 CFR Part 200 Uniform Administrative Requirements , Cost Principles, and Audit Requirements for Federal Awards . See Electronic Code of Federal Regulations: Fundrai sing
9. GENERAL GOVERNMENT EXPENSES The general cost s of government , including services normally provided to the general public , such as fire and police, are unallowable. Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulation s: Ge nera l Gove rnment Expe nses
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10. INCOME FROM PROJECT Project 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 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards . See Electronic Code of Federal Regulations: Program Income
11. LOBBYING The cost of certain influencing activities associated with obtaining grants , contracts , cooperative agreements or loans , is unallowable. Costs of membership in organizations substantially engaged in lobbying are unallowable .
Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards . See Electronic Code of Federal Regulations: Lobbying
12. MEMBERSHIPS, SUBSCRIPTIONS, AND PROFESSIONAL ACTIVITIES Costs of the grant recipient's memberships in business, technical, and professional organizations are allowable. (NOTE: The State Library's policy is that use of LSTA funds for personal memberships in organizations is not 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:
Membership s, Subscripti ons, and Professional Ac tivities
13. PREMIUMS, PRIZES, INCENTIVES, AND SOUVENIRS Costs of promotional items and memorabilia, including models , gifts, and souvenirs, are unallowable . See ADVERTISING AND PUBLIC RELATIONS (e)(3).
14. REFRESHMENTS See ENTERTAINMENT (unallowable), and MEMBERSHIPS, SUBSCRIPTIONS, AND PROFESSIONAL ACTIVITIES (allowable).
15. TRAINING The cost of training provided for employee development is allowable.
Source : 2 CFR Part 200 Uniform Administrative Requirements , Cost Principles, and Audit Requirements for Federal Awards . See Electronic Code of Federal Regulations: Training
16. TRAVEL EXPENSE Travel 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 is that car mileage reimbursement for all awarded LSTA grants cannot exceed the current state rate of 58 cents per mile (CPM). Reimbursement is the preferred method of payment for travel expenses . Source : 2 CFR Part 200 Uniform Adm inistrative Requirements , Cost Principles , and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations: Trave l
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(NOTE: The State Library's policy on out-of-state travel and conferences is that they are generally not allowed. There are exceptions , however , based on the importance of the tra vel and/or conference to the grant. If your grant will include out-of-state travel or attendance at an out-of- state conference , con sult with your grant monitor beforehand to obtain State Library approval before scheduling the trip or registering for the conference .) DocuSign Envelope ID: 8E25492F-050A-4E2F-BEA9-DE61 FAF805E3 ~JI CALIFORNIA
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EXHIBIT C: LSTA AWARD REQUIREMENTS
A. CIPA Compliance
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The Institute of Museum and Library Services establishes guidelines to ensure that the California State Library's implementation of the Children's Internet Protection Act (CIPA) complies with the 2003 decision of the US Supreme 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 fund s will be made available for public libraries and public elementary and secondary school libraries to purchase compu ters to access the Internet or pay for the direct costs of accessing the Internet unless the 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 IMLS State 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 LSTA funding must certify that the library is one 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 requirement s 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 Section 9134(f) ( 1) of the Library Services and Technology Act. The library submitting this DocuSign Envelope ID: 8E25492F-050A-4E2F-BEA9-DE61 FAF805E3 Riverside Public Library
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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 LSTA funds 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's Internet Protection Act (CIPA) webpage on the Federal Communications Commission's (FCC) website.
B. Contracting Guidance
OMB's Code of Federa l Regulations outlines important regulations surrounding contracts that, as a recipient of LSTA funds , 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 LSTA funding recipients must take reasonable steps to make LSTA-funded awards accessible to people with limited English proficiency.
These procedures apply to all of California State Library 's federally 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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EXHIBIT D: CERTIFICATION OF COMPLIANCE FORM
1. AUTHORIZED REPESENTATIVE: I certify that the authorized representative named below is the legally designated representative of the Subrecipient for this Award Agreement and project, and is authorized 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 is correct 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 LSTA award, 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 Offic e of Management and Budget
b . The organization receiving this LSTA award, as listed in the certification section below , and all program staff , agree to comply with the rules, regulations and guidance provided by the following:
IMLS LSTA Administration Guidance
California Code of Reg ulations established by the California Office of Administrative Law
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The organization receiving this LSTA award, 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 LSTA Award 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 $20,000. This award will provide library services as set forth in the LSTA Service Project Application as approved and/or as amended by the California State Librarian .
2. STATEMENT OF COMPLIANCE: Subrecipient has, unless exempted , complied with the non-discrimination program requirements. (Gov. Code§ 12990 (a-f) and CCR, Title 2, Section 11102).
3. DRUG-FREE WORKPLACE REQUIREMENTS: 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 . 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.
c. Establish a Drug-Free Awareness Program to inform employees about:
i. the dangers of drug abuse in the workplace;
ii. the person's or organization's policy 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's drug-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: 8E25492 F-050A-4E2F-BEA9-DE61 FAF805E3 Riversid e Publi c Lib rary
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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. CONFLICT OF 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 is sponsored or funded by any state agency, unless the employment , activity or enterprise is required as a condition of regular state employment.
b). No officer or employee shall contrac t 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 contrac t 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 tha t state agency in a policy-making position in. the same general subject area as the propo sed 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§ l 0420).
Members of boards and comm issions are e xempt 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. LABOR CODE/WORKERS' COMPENSATION: Subrecipien t 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: 8E25492F-050A-4E2F-BEA9-DE61 FAF805E3 Riverside Public Library
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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. AMERICANS WITH DISABILITIES ACT: Subrecipient assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et. seq.)
7. RESOLUTION: 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. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all Subrecipients.
9. NONDISCRIMINATION:
The authorized representative certifies that the Subrecipient or its Fiscal 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. § 70 l et seq.), which prohibits discrimination on the basis of disability (note: IMLS applies the regulations in 45 C.F.R part 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.
l 0. DEBARMENT AND 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 ;
DocuSign Envelope ID: 8E254 92F-050A-4E2F-BEA9-DE61 FAF805E 3 Rive rside Public Library
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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(0) 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(0) 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. TRAFFICKING IN PERSONS:
The authorized representative certifies to the best of their knowledge 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 is in effect
• uses forced labor in the performance of the grant
12. FEDERAL DEBT STATUS: Representative certifies to the best of their knowledge and belief that the Subrecipient is not delinquent in the repayment of any Federal debt .
13. CERTIFICATION REGARDING LOBBYING ACTIVITIES (APPLIES TO APPLICANTS REQUESTING FUNDS IN EXCESS OF $100,000} (31 U.S.C. § 1352}:
a. No Library Services and Technology Act funds have been paid or will be paid, by or on behalf of the undersigned , to any person for influencing or attempting to influence an officer or employee of any 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 cooperat ive agreement .
b. No Library Services and Technology Act funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any State agency , Member of the Legislature , an officer or employee of the Legislature, or DocuSign Envelope ID: 8E25492F-050A-4E2F-BE A9-DE61 FAF805E3 Riverside Publi c Librar y
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Pag e 35 of 40
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 county, 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. LSTA funds 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-FREE WORKPLACE:
a. Continue to provide a drug-free workplace by complying with the requirements in 2 C.F.R. part 3186 (Requirements for Drug-Free Workplace (Financial Assistance)) . In particular, the recipient must comply with drug free workplace requirements in subpart B of 2 C.F.R. part 3186, which adopts the Government-wide implementation (2 C.F.R. part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988 (P. L. 100-690, Title V, Subtitle D; 41 U.S.C. §§ 701-707).
b . This includes , but is not limited to: making a good faith effort , on a continuing basis, to maintain a drug-free workplace ; publishing a drug free workplace statement; establishing a drug-free awareness program for the employees; taking actions concerning employees who are convicted of violating drug statutes in the workplace.
15. LSTA AWARD REQUIREMENTS: I have read , understand and agree to comply with the LSTA Award Requirements as outlined in this award packet .
16. CIPA CERTIFICATION: The organization receiving this LSTA award , as listed in the certification section below is (please select one):
□ An individual applicant that is CIPA 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
DocuSign Envelope ID: 8E25492F-050A-4E2F-BEA9-DE61 FAF805E3 Rive rside Public Li brary
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17. LANGUAGE ACCESS SERVICES: The organization receiving this LSTA award , as listed in the certificat ion section below, and all program staff, agree to comply with the language access services requirement as prescribed by Title VI of the Civil Rights Act of 1964.
18. ACCESSIBILITY: The organiza tion receiving this LSTA award, 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 is responsible for ensuring that public websites are accessible to both the general publ ic and state employees , including persons with disabilities.
Subrecipient shall assist the State in meeting its responsibility. Therefore, all project mater ials 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 7 405 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 projec t material is not generated to be in compliance to meet these standards, please still submit it to the State Library.
When subm itting the material make sure to note that the material is not accessible by including "NOT ACCESSIBLE" in the file name.
The California State Library reserves the right to post project materials to its website that are in compliance with the se standards.
Common , appl icable award materials include, but are not limited to:
• Project toolkits
• Digital resources
• Publications
• Survey templates
• Project marketing materials
19. ACKNOWLEDGEMENT: The organization receiving this LSTA award , as listed in the certification section below , and all program staff , agree to comply with IMLS and Californ ia State Library acknowledgement requ irement s.
20. ADDITIONAL CERTIFICATIONS: The authorized representat ive also cert ifies 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) list of violating facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office 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 l 02(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 .
• assisting the Federal grantor agency in its compliance 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- l 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.
Docu Sign Envelope ID: 8E25492F-050A-4E2F-BEA9-DE61 FAF805E3 _m~t CALIFORNIA
~~ STATE LIBRARY
Riverside Public Library
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Certification
ORGANIZATION
Name : Address (official and complete):
City of Riverside Public Library PO Box 468
Riverside, CA 92502-0468
PROJECT COORDINATOR
Name: Hayden Birkett
Email: Phone:
H Birkett @riversideca.gov 951-826-2186
SUBRECIPIENT AUTHORIZED REPRESENTATIVE
Name· . h . · Erin c r1stmas Title: Library Director
Email: [email protected] Phone:
951-826-52 l 3
Date:
/0 ?{ ii,
DocuSign Envelope ID: 8E25492F-050A-4E2F-BEA9-DE61 FAF805E3 ~~ CALIFORNIA
m~ STATE LIBRARY
Riverside Pub lic Library
Dia de los Ninos
2022-2023
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Authorized Representative Signature
In Witness Whereof, This Grant Agreement has been executed by the parties hereto.
ORGANIZATION
Name:
City of Riverside Riverside Public Library
STATE OF CALIFORNIA
Agency Name:
California State Library
Signature : r;:;'•;;::
1 l_:'. BOA50981C41C416 ...
Printed Name of Person Signing:
Greg Lucas
Address:
PO Box 468 Riverside, CA
92502-0468
Title:
Library Director
Address :
900 N St.
Sacramento , CA 95814
Date:
10/17 / 2022
Title:
State Librarian
By:
Rahman N. Gerren
Deputy City Attome·1
DocuSign Envelope ID: 8E254 92F-050A-4E2F-BEA9-DE61 FAF805E3
CALIFORNIA STATE LIBRARY
LIBRARY SERVICES & TECHNOLOGY ACT
FINANCIAL CLAIM
FINAL PAYMENT
Grant Award#:
Invoice#:
Payee Name:
Complete Address:
Amount Claimed:
Grantee Name:
Project Title:
40-9358
40-9358-001
Riverside Public Library
Date:
PO#:
(Legal name of authorized agency to receive, disburse and account for funds *) Street Address, City, State , Zip Code (Warrant will be mailed to this address) $20,000 Type of Payment:
Payable Upon Execution of Agreement 0 PROGRESS
Riverside Public Library □ FINAL
(Name on Award Letter and Agreement ) ~ IN FULL
Dia de las Ninos □ AUGMENT
For Period From: upon execution to end of grant period
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 paym t has not previously been received for the amount claimed herein.
By
orized Representative)
Erin Christmas Library Director
(Print Name) (Title)
*Legal payee name must match the payee's federal tax return. Warrant will be made payable to payee name. Payee discrepancies in name and/or address may cause delay in payment. If you need to change payee name and/or address, please contact Fiscal Services at [email protected].
If you are not using DocuSign electron ic signature to submit your claim, please complete the following:
EMAIL A SCANNED COPY:
federa lgrants.fiscal@library .ca.qov
MAIL ONE ORIGINAL SIGNATURE TO:
California State Library
Fiscal Office - Federally Funded Programs
PO Box 942837
Sacramen to, CA 94237-0001
§ B
&5 ,o U)
(fJ ->.
.::( ~ ________ ______ ____ ______________________ ..,,..._ !.- ,/ State of California, State Library Fiscal Office
FAIN: LS-252449-0LS-22
ENACTMENT YEAR: 2022
PURCHASING AUTHORITY NUMBER: CSL-6120
ACCOUNT : 5432000
By
(State Library Representative)
ITEM NO: 6120-211-0890 , Chapter 43, Statutes of 2022
REPORTING STRUCTURE : 61202000
BUDGET PROGRAM : 5312
Date
0. ·.
r.L ~ .- .
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