employees or agents of the California State Library. The Subrecipient is solely 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. 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. 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 LSTA Five-Year Plan under which the award was issued, 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.
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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 is included in the LSTA Grant Guide available to LSTA awardees.
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:
Santa Fe Springs City Library California State Library
Deborah Raia Michelle Killian
11700 Telegraph Rd. 900 N Street
Santa Fe Springs, CA, 90631 Sacramento, CA 95814
(562) 868-7738, Ext 7814 916-603-6706
[email protected] [email protected]
10. 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 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 is for the acts and omissions of persons directly employed by the Subrecipient. The Subrecipient’s obligation 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 DocuSign Envelope ID: DD8965CC-3311-403B-8B98-1E8758E9D815 In Process
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shall have no obligation to pay or to enforce the payment of any monies 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 Copyright Act. (17 U.S.C. 101, et 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:
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1) The dangers of drug abuse in the workplace.
2) The Subrecipient’s policy 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’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 Agreement: This Agreement 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. Exclusive Agreement: This is the entire Agreement between the California State Library and Subrecipient.
19. Executive Order N-6-22-Russia Sanctions: The Grantee shall comply with Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities 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 is a target of Economic Sanctions or is conducting 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: DD8965CC-3311-403B-8B98-1E8758E9D815 In Process
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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.
20. 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).
21. 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 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.
22. Federal and State Taxes: The State Library shall not:
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.
23. 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.
24. 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: DD8965CC-3311-403B-8B98-1E8758E9D815 In Process
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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.
25. 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.
26. Generally Accepted Accounting Principles: The Subrecipient is required to use Generally Accepted Accounting Principles in documenting all grant expenditures.
27. 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 Terms and Conditions (Exhibit A) or the Procedures and Requirements, unless such authority is expressly stated in the Procedures and Requirements.
28. 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.
29. 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.
30. 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: DD8965CC-3311-403B-8B98-1E8758E9D815 In Process
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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.
31. 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 $10,000 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 is by 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.
32. 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.
33. 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 DocuSign Envelope ID: DD8965CC-3311-403B-8B98-1E8758E9D815 In Process
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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 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 work under the Agreement.
34. 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 transmission.
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.
35. 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, 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 LibraryDocuSign Envelope ID: DD8965CC-3311-403B-8B98-1E8758E9D815 In Process
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approved Application (Subrecipient’s Application) is hereby 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) 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 Application
(i) All other attachments hereto, including any that are incorporated by reference.
36. 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 (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’s eligible 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.
37. 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 operation of this Agreement and the performance of the obligations imposed upon the parties.
38. 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.
39. 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.
40. Privacy Protection: Both parties agree to protect the confidentiality of any nonpublic, 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.
41. 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.
42. Provisions: This agreement is entered into under provisions of the Library Services and Technology Act, Public Law 104-208 on September 30, 1996; and DocuSign Envelope ID: DD8965CC-3311-403B-8B98-1E8758E9D815 In Process
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Congressional Record – House, H11644-H11728 on September 28, 1996, H12266- H12267 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.
43. 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. 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.
44. 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.
45. 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.
46. 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.
47. 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.
48. 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%/10% 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:
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o In full 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
49. Self-Dealing and Arm’s Length Transactions: All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm’slength 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’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.
50. 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.
51. 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.
52. 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.
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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.
53. 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 funds are owed to the California State Library, the Subrecipient is responsible for repayment of the funds to the California State Library.
54. 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.
55. 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 is empowered to review, audit, and inspect the project for compliance with this agreement.
56. 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.
57. 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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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 termination, as determined by the State Library in its sole discretion.
58. Waiver of Rights: California 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 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.
59. 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.
60. 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 The Code of Federal Regulations (CFR) specifies what expenditures and activities LSTA funding can and cannot support. LSTA awardees are cautioned that they must abide by all regulations when implementing their projects and in using grant funds. Applicants and awardees should contact the State Library at [email protected] in cases of ambiguity or uncertainty, or with any questions about identifying allowable cost items under Federal procedures.
Unallowable Costs and Restrictions
The following list includes common unallowable costs and restrictions on the use of federal funds. This summary is provided for convenience. It is not exhaustive, and applicants and awardees should not rely solely on the information provided here when developing project budgets, implementing projects, and using grant funds.
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. Costs of advertising and public relations designed solely to promote the non-Federal entity are unallowable. See electronic code of federal regulations: Advertising and Public Relations 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. See electronic code of federal regulations: Advisory Councils
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Advocacy, lobbying, and associated costs
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. See electronic code of federal regulations: Lobbying
Alcoholic beverages
Costs of alcoholic beverages are unallowable. Code of Federal Regulations: Alcoholic Beverages
Backfill and salaries or benefits for individuals not directly contributing to the grantfunded project Costs not integral or directly contributing to the project are not allowable as direct costs. See electronic code of federal regulations: Direct Costs Bad debts or other financial costs
Bad debts (debts which have been determined to be uncollectable), including losses (whether actual or estimated) arising from uncollectable accounts and other claims, are unallowable. Related collection costs, and related legal costs, arising from such debts after they have been determined to be uncollectable are also unallowable.
Code of Federal Regulations: Bad Debts.
Building, construction, renovation, and permanent installation and/or affixation costs Building, construction, or renovation costs are unallowable. Permanent installations and affixations are unallowable. See electronic code of federal regulations: Equipment and Other Capital Expenditures, Rearrangement and Reconversion Costs, and Maintenance and Repair Costs
Collection development purchases not integral to the project and not aligned with programming
Collection development purchases not integral to the project and not aligned with programming are unallowable.
Contributions, donations, honorariums, stipends
Contributions, donations, honorariums, stipends are not allowable. Wages, salaries, reimbursements, payment for work done, and fees charged by speakers are allowable.
Costs that are NOT integral to the project, reasonable, and/or necessary For costs to be considered allowable, they must be integral to the project, reasonable and necessary.
Devices capable of connecting to the internet
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Devices capable of connecting to the internet are unallowable for awardees that are not Children’s Internet Protection Act (CIPA) compliant.
Entertainment and performances
Costs 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. See electronic code of federal regulations: Entertainment
Equipment not approved by IMLS
All proposed equipment purchases (single item or unit valued at $5,000 or more) must receive IMLS approval in order to be considered allowable.
Fines and penalties
Costs resulting from non-Federal entity violations of, alleged violations of, or failure to comply with, Federal, state, tribal, local or foreign laws and regulations are unallowable, except when incurred as a result of compliance with specific provisions of the Federal award, or with prior written approval of the Federal awarding agency. See electronic code of federal regulations: Fines and Penalties Food and refreshments
Food and refreshments are unallowable unless an approved project activity requires a working meal. Applicants should consult the State Library with questions.
Fundraising
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. See electronic code of federal regulations: Fundraising and Investment Management Costs
General government expenses
The general costs of government, including services normally provided to the general public, such as fire and police, are unallowable. See electronic code of federal regulations: General Government Expenses
Gifts, honorarium, stipends, awards, or other incentives 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. See electronic code of federal regulations: Contributions and Donations Income from project
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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. See electronic code of federal regulations: Program Income for further information.
Awardees must contact their project support team if they anticipate their project generating income.
Losses on other grants (e.g. using one grant to cover excess costs incurred for another grant-funded project)
Any excess of costs over income under any other award or contract of any nature is unallowable. This includes, but is not limited to, the non-Federal entity's contributed portion by reason of cost-sharing agreements or any under-recoveries through negotiation of flat amounts for indirect (F&A) costs. Also, any excess of costs over authorized funding levels transferred from any award or contract to another award or contract is unallowable. All losses are not allowable indirect (F&A) costs and are required to be included in the appropriate indirect cost rate base for allocation of indirect costs. See electronic code of federal regulations: Losses on Other Awards or Contracts
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. See electronic code of federal regulations: Memberships, Subscriptions, and Professional Activities Out-of-state travel
The State Library’s policy on out-of-state travel is that it is generally not allowed. If a proposed project will include out-of-state travel (e.g., attendance at an out-of-state conference), applicants should consult the State Library before submitting their application in order to determine whether State Library approval is possible.
Per diems
Travel rates, accommodations, and meals are to be reimbursed at actual cost value, not to exceed the organizations approved cost rate or the federal rate at time of travel. Per diem flat rates are not allowable. For example, if the awardee organization has a per diem dinner reimbursement rate of $23 and the traveler spent $19 on dinner, the awardee may utilize $19 in LSTA funding toward the meal cost, not $23.
Premiums, prizes, incentives, souvenirs, and giveaway items Promotional items and memorabilia, including models, and souvenirs are unallowable.
Giveaway items including, but not limited to, prizes, treats, hygiene kits, and books are unallowable. See Advertising and Public Relations
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EXHIBIT C: LSTA AWARD REQUIREMENTS
A. CIPA Compliance
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 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 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 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 Section 9134(f)(1) of the Library Services and Technology Act. The library submitting this DocuSign Envelope ID: DD8965CC-3311-403B-8B98-1E8758E9D815 In Process
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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 Federal 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 Office 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 Regulations 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 $10,000. 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 drugfree 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: DD8965CC-3311-403B-8B98-1E8758E9D815 In Process
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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 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. LABOR CODE/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: DD8965CC-3311-403B-8B98-1E8758E9D815 In Process
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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: 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. 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. § 701 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.
10. 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;
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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. 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 cooperative 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: DD8965CC-3311-403B-8B98-1E8758E9D815 In Process
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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 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 drugfree 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 drugfree 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
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17. LANGUAGE ACCESS SERVICES: The organization receiving this LSTA award, as listed in the certification 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 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 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 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
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 California State Library acknowledgement requirements.
20. ADDITIONAL CERTIFICATIONS: 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) 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 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.
• 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-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):
PROJECT COORDINATOR
Name:
Email: Phone:
SUBRECIPIENT AUTHORIZED REPRESENTATIVE
Name: Title:
Email: Phone:
Signature: Date:
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Deborah Raia Library Services Manager
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Authorized Representative Signature
In Witness Whereof, This Grant Agreement has been executed by the parties hereto.
ORGANIZATION
Name: Address:
Authorized Representative
Signature: Date:
Printed Name of Person Signing: Title:
STATE OF 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
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Deborah Raia Library Services Manager
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LSTA Program
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 [email protected].
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-S-23-13 Date:
Invoice #:LA-S-23-13-01 PO #:
Payee Name: Santa Fe Springs City Library
(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: 10,000.00 Type of Payment:
(Payable Upon Execution of Agreement) ☐ PROGRESS
Grantee Name: Santa Fe Springs City Library ☐ FINAL
(Name on Award Letter and Agreement) ☒ IN FULL
Project Title: SFS Grows: Climate Warriors ☐ AUGMENT
For Period From: upon execution to end of grant period
DocuSign Envelope ID: DD8965CC-3311-403B-8B98-1E8758E9D815 Deborah Raia Library Services Manager
In Process
STATE OF CALIFORNIA – DEPARTMENT OF FINANCE
PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (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 instructions on Page 2)
CITY, STATE, ZIP CODE 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) ☐ SOLE PROPRIETOR / INDIVIDUAL CORPORATION (see instructions on page 2) ☐ ☐ MEDICAL (e.g., dentistry, chiropractic, etc.) SINGLE MEMBER LLC Disregarded Entity owned by an individual ☐ PARTNERSHIP
☐ ESTATE OR TRUST
☐ 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)
☐ CALIFORNIA RESIDENT – Qualified to do business in California or maintains a permanent place of business in California. ☐ CALIFORNIA NONRESIDENT – Payments to nonresidents for services may be subject to state income tax withholding. ☐No services performed in California
☐Copy of Franchise Tax Board waiver of state withholding is 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 AUTHORIZED PAYEE REPRESENTATIVE TITLE E-MAIL ADDRESS SIGNATURE DATE TELEPHONE (include area code)
Section 6 – Paying State Agency
Please return completed form to:
STATE AGENCY/DEPARTMENT OFFICE UNIT/SECTION
MAILING ADDRESS FAX TELEPHONE (include area code)
CITY STATE ZIP CODE E-MAIL ADDRESS
Print Form Reset Form
DocuSign Envelope ID: DD8965CC-3311-403B-8B98-1E8758E9D815 Sacramento
Ca. State Library Admin/Accounting
916-603-7157
CA 95814 [email protected]
900 N Street
In Process
STATE OF CALIFORNIA – DEPARTMENT OF FINANCE
PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)
GENERAL INSTRUCTIONS
Type or print the information on the Payee Data Record, STD 204 form. Sign, date, and return to the state agency/department office address shown in Section 6.
Prompt return of this fully completed form will prevent delays when processing payments.
Information provided in this form will be used by California state agencies/departments to prepare Information Returns (Form1099).
NOTE: Completion of this form is optional for Government entities, i.e. federal, state, local, and special districts.
A completed Payee Data Record, STD 204 form, is required for all payees (non-governmental entities or individuals) entering into a transaction that may lead to a payment from the state. Each state agency requires a completed, signed, and dated STD 204 on file; therefore, it is possible for you to receive this form from multiple state agencies with which you do business.
Payees who do not wish to complete the STD 204 may elect not to do business with the state. If the payee does not complete the STD 204 and the required payee data is not otherwise provided, payment may be reduced for federal and state backup withholding. Amounts reported on Information Returns (Form 1099) are in accordance with the Internal Revenue Code (IRC) and the California Revenue and Taxation Code (R&TC).
Section 1 – Payee Information
Name – Enter the name that appears on the payee's federal tax return. The name provided shall be the tax liable party and is subject to IRS TIN matching (when applicable).
• Sole Proprietor/Individual/Revocable Trusts – enter the name shown on your federal tax return. • Single Member Limited Liability Companies (LLCs) that is disregarded as an entity separate from its owner for federal tax purposes - enter the name of the individual or business entity that is tax liable for the business in section 1. Enter the DBA, LLC name, trade, or fictitious name under Business Name. • Note: for the State of California tax purposes, a Single Member LLC is not disregarded from its owner, even if they may be disregarded at the Federal level. • Partnerships, Estates/Trusts, or Corporations – enter the entity name as shown on the entity’s federal tax return. The name provided in Section 1 must match to the TIN provided in section 3. Enter any DBA, trade, or fictitious business names under Business Name.
Business Name – Enter the business name, DBA name, trade or fictitious name, or disregarded LLC name.
Mailing Address – The mailing address is the address where the payee will receive information returns. 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 ● Sole Proprietorship ● Grantor (Revocable Living) Trust disregarded for federal tax purposes Sole Proprietor/Individual Limited Liability Company (LLC) owned by an individual and is disregarded for federal tax purposes Single Member LLC-owned by an individual Partnerships ● Limited Liability Partnerships (LLP) ● and, LLC treated as a Partnership Partnerships Estate ● Trust (other than disregarded Grantor 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 Corporation and is medical in nature Corporation-Medical
Corporation that is legal in nature (e.g., services of attorneys, arbitrators, notary publics involving legal or law related matters, etc.) ● LLC that is to be taxed like a Corporation and is legal in nature Corporation-Legal
Corporation that qualifies for an Exempt status, including 501(c) 3 and domestic non-profit corporations. Corporation-Exempt Corporation that does not meet the qualifications of any of the other corporation types listed above ● LLC that is to be taxed as a Corporation and does not meet any of the other corporation types listed above Corporation-All Other
Section 3 – Tax Identification Number
The State of California requires that all parties entering into business transactions that may lead to payment(s) from the state provide their Taxpayer Identification Number (TIN). The TIN is required by R&TC sections 18646 and 18661 to facilitate tax compliance enforcement activities and preparation of 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 corporation will be defined as a "resident" if it has a permanent place of business in California or is qualified through the Secretary of State to do business in California.
• A partnership is considered a resident partnership if it has a permanent place of business in California. • An estate is a resident if the decedent was a California resident at time of death. • A trust is a resident if at least one trustee is a California resident. o For individuals and sole proprietors, the term "resident" includes every individual who is in California for other than a temporary or transitory purpose and any individual domiciled in California who is absent for a temporary or transitory purpose. Generally, an individual who comes to California for a purpose that will extend over a long or indefinite period will be considered a resident. However, an individual who comes to perform a particular contract of short duration will be considered a nonresident.
For information on Nonresident Withholding, contact the Franchise Tax Board at the numbers listed below:
Withholding Services and Compliance Section: 1-888-792-4900 E-mail address: [email protected] For hearing impaired with TDD, call: 1-800-822-6268 Website: www.ftb.ca.gov Section 5 – Certification
Provide the name, title, email address, signature, and telephone number of individual completing this form and date completed. In the event that a SSN or ITIN is provided, the individual identified as the tax liable party must certify the form. Note: the signee may differ from the tax liable party in this situation if the signee can provide a power of attorney documented for the individual.
Section 6 – Paying State Agency
This section must be completed by the state agency/department requesting the STD 204.
Privacy Statement
Section 7(b) of the Privacy Act of 1974 (Public Law 93-579) requires that any federal, state, or local governmental agency, which requests an individual to disclose their social security account number, shall inform that individual whether that disclosure is mandatory or voluntary, by which statutory or other authority such number is solicited, and what uses will be made of it. It is mandatory to furnish the information requested. Federal law requires that payment for which the requested information is not provided is subject to federal backup withholding and state law imposes noncompliance penalties of up to $20,000. You have the right to access records containing your personal information, such as your SSN. To exercise that right, please contact the business services unit or the accounts payable unit of the state agency(ies) with which you transact that business.
All questions should be referred to the requesting state agency listed on the bottom front of this form.
DocuSign Envelope ID: DD8965CC-3311-403B-8B98-1E8758E9D815 In Process
ITEM #13
CITY OF SANTA FE SPRINGS
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Maricela Balderas, Director of Community Services
SUBJECT: Approval of the Santa Fe Springs City Library’s Children’s Internet Protection Act (CIPA) Policy
DATE: October 3, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1) Approve the Library’s Children’s Internet Protection Act policy.
FISCAL IMPACT
There is no fiscal impact.
BACKGROUND
The Children’s Internet Protection Act (CIPA), 20 U.S.C. 6801 et seq., was enacted in 2000 to limit children’s exposure to explicit materials online in schools and libraries. This act requires all libraries that receive certain federal funding, including E-Rate funding, to filter their computers. The Library’s policy explains why our computers are filtered, what materials are filtered and how adults can request sites be unblocked for legitimate research purposes.
ANALYSIS
Library staff reviewed and updated the existing policy to shorten the review period for unblocking sites for adults. Also, to better reflect the diversity in our community we have amended our description of responsible parties to “parents or guardians.” CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 3, 2023 Approval of the Santa Fe Springs City Library’s Children’s Internet Protection Act (CIPA) Policy.
ENVIRONMENTAL
N/A
DISCUSSION
N/A
SUMMARY/NEXT STEPS
N/A
ATTACHMENT(S):
A. Attachment A - Santa Fe Springs City Library Internet Filtering FAQ ITEM STATUS:
APPROVED:
DENIED:
TABLED:
DIRECTION GIVEN:
INTERNET FILTERING FAQ
The Santa Fe Springs City Library values free and equal access to information, even when that information may be controversial, unorthodox or unacceptable to others. With its implementation of filtering software, the Santa Fe Springs City Library balances its commitment to customers’ diverse interests and individual rights with the need to provide a welcoming and comfortable environment for all ages.
Why do Santa Fe Springs City Library computers have filtering software? The Children’s Internet Protection Act requires public libraries to install Internet filtering software on all of its computers (public access and staff) if the library uses federal money to purchase computers that will access the Internet or to purchase Internet access. In addition, libraries that receive an E-Rate discount for internal connections or Internet access must comply with CIPA.
In addition, it has always been the Santa Fe Springs City Library’s policy to not allow pornography or obscene images on the public computers. We feel that accessing pornography in a public place is inconsistent with the welcoming and comfortable environment we seek to provide.
How does the Santa Fe Springs City Library’s filtering software work? The filtering software blocks sites that depict pornography or obscenity.
Who decides which sites should be blocked?
In conjunction with Library staff, the filtering software vendor uses a process combining technological and human review to make decisions about which sites are blocked.
Will children be safer using filtered Internet access?
That is the goal. However, no filtering software is totally accurate, nor is it a substitute for parental judgment and oversight. The Santa Fe Springs City Library believes that the reading and viewing activity of children is ultimately the responsibility of parents or guardians who guide and oversee oversee their own children's development.
Will objectionable material based on hate or violence be blocked? No. The filtering software is designed to block content that is pornographic or obscene in nature.
Will information on health and sexuality be blocked?
The filtering software is designed to block images and videos that depict pornography or obscenity, not medical information or images. However, there may be instances where information has been inappropriately blocked.
ATTACHMENT A
If this happens, please complete the Web Filtering Request for Reconsideration Form available at the Information Desk. City of Santa Fe Springs staff will evaluate the request and, if deemed appropriate, will forward the site to the filtering software vendor for unblocking. The customer will then be notified of the decision within two weeks.
Does the Santa Fe Springs City Library filter social networking sites and blogs? The Santa Fe Springs City Library does not filter these sites because they cannot be reliably reviewed by filtering software, and because blocking these sites completely would unnecessarily block vast amounts of inoffensive materials. The content of social networking sites has not been found to meet the Library’s criteria for filtering. Most site vendors have policies regarding appropriate use and display of content.
Parents are encouraged to explore the Internet with their children, supervise them, provide clear guidelines regarding what sites and activities are off-limits and teach their children safety rules for dealing with strangers online.
Does the Santa Fe Springs City Library block sites other than those with pornographic or obscene content?
Yes. The Library restricts access to some websites with automatic downloads built into the homepage. These sites are not blocked by the Santa Fe Springs City Library, but the downloads may be. If a downloaded file changes the basic configuration of the computer or the browser, the downloads are blocked because it would render the computer unusable for the next customer.
How can customers request that a site be permanently blocked or unblocked? Customers may complete and submit a Web Filtering Request for Reconsideration Form, available at the Information Desk. Santa Fe Springs City Library staff will evaluate the request and, if deemed appropriate, will forward the site to the filtering software vendor for unblocking.
The customer will then be notified of the decision within two weeks.
Can the filters be turned off?
The filters on computers cannot be turned off by staff.
Will customer wireless devices using Santa Fe Springs City Library’s wireless Internet connections be filtered?
Yes. Filtering software is deployed for both wired and wireless Internet access.
Will the Library keep records of my computer use?
The Santa Fe Springs City Library follows state and federal law regarding privacy of library users’ records and information.
It is the Santa Fe Springs City Library's usual practice to erase all customer use records, except those essential for library business operations. When a computer session is ended, all information about that session is ordinarily deleted. The Library does not, as part of its regular practice, retrieve any information, including websites visited, passwords, credit card numbers, or any other information a customer has entered. At the end of the business day, all computer use and reservation records are normally erased. However, in any event, the Library will release records, including those relating to Internet usage, as required or authorized by law.
Revised : October 3, 2023
ITEM #14
CITY OF SANTA FE SPRINGS
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Lana Dich, Assistant Director of Finance & Administrative Services Paul Martinez, Director of Purchasing Services
Gus Hernandez, Parks & Recreation Services Manager
SUBJECT: Purchase of Two-Way Radios from Commline, Inc.
DATE: October 3, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1) Award the purchase of two-way radios and related equipment to CommLine, Inc.; and
2) Authorize the Director of Purchasing Services to issue a Purchase Order in the amount of $27,767.93 for this purchase.
FISCAL IMPACT
On June 20, 2023, the City Council approved $28,000 in the Fiscal Year 2023-2024 Budget for the purchase of this equipment. Specifically this equipment is designated in the Non-Recurring Activity (10519000-521000) for Community Services of the operating budget. This purchase would realize a savings of $232.07 from the budgeted amount.
BACKGROUND
The Community Services Department utilizes two-way radios as a communication device for special events, and daily operations. The CP200 is a portable two-way radio that offers increased communication flexibility with features such as push-to-talk ID and selective call. Powerful audio output penetrates noisy environments (very important during events), providing clear crisp audio at any volume. A lightweight, ergonomic design CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 4, 2023 Purchase of Two-Way Radios from CommLine, Inc., Page 2 of 2 makes this radio comfortable to carry and operate. Additionally, the radios are equipped with a UHF digital antenna, charging ports, a belt clip, an earpiece, and remote speaker/microphone.
Bids were received from three (3) vendors. CommLine Inc. at $27,767.93; SJM Industrial Radio at $27,978.35; and Bearcom at $32,604.86.
ANALYSIS
In Fiscal Year 2022-2023, the Community Services Department purchased 18 Motorola two-way radios to replace an older model radio that had low frequency and low distance ranges. The proposed purchase of 36 two-way radios would enhance the department’s inventory of two-way radios to a total of 54 radios, ensuring that all staff that work special events are equipped with a good quality communication device. The proposed two-way radios have a significantly longer range, making communication seamless during special events and operations.
ENVIRONMENTAL
NA
SUMMARY/NEXT STEPS
Upon the approval of the City Council of the recommended action, the Director of Purchasing Services would process a purchase order to CommLine, Inc. for the purchase of the two-way radios. It is expected that the radios and accessories would arrive in 4 to 6 weeks after the purchase is confirmed.
ATTACHMENT(S):
1. Attachment A – Quotes
ITEM STATUS:
APPROVED:
DENIED:
TABLED:
DIRECTION GIVEN:
ATTACHMENT A
ITEM #15
CITY OF SANTA FE SPRINGS
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Lana Dich, Director of Finance and Administrative Services and Debbie Ford, Human Resources Manager
SUBJECT: Request for Out-of-State Travel to Attend the 2023 NEOGOV Conference
DATE: October 3, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1) Approve out-of-state travel for the Human Resources Analyst and Human Resources Specialist to attend the 2023 NEOGOV Conference in Las Vegas
FISCAL IMPACT
The estimated cost to attend the NEOGOV Conference is $4,500 and is included in the fiscal year 2023-2024 Human Resources training budget.
BACKGROUND
NEOGOV is the leader in human resources software nationwide for public sector agencies and is the system the City utilizes for recruitment, testing and onboarding.
NEOGOV is holding its annual conference October 17 – 19, 2023 in Las Vegas, NV.
Because NEOGOV supports agencies nationwide, the conference is generally held in Las Vegas, Nevada, a central location.
ANALYSIS
N/A
ENVIRONMENTAL
CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 3, 2023 Request for Out-of-State Travel to attend the 2023 NEOGOV Conference
N/A
DISCUSSION
The conference brings together the NEOGOV community and is designed for HR professionals to gain professional skills and knowledge. The conference offers industry educational sessions, NEOGOV product sessions, best practices sessions, one-on-one product support appointments, and networking opportunities. The conference will allow the City’s Human Resources staff, to meet and discuss issues with like-minded organizations and professionals, and gain tools needed to more effectively and efficiently use the City’s NEOGOV products. By attending this conference our goal is to maximize our use of the NEGOV products, which will add value to the City.
SUMMARY/NEXT STEPS
Staff recommends that the City Council approve the out-of-state travel to attend the NEOGOV Conference.
Upon approval, staff will make travel arrangements to attend the conference.
ATTACHMENT(S):
None
ITEM STATUS:
APPROVED:
DENIED:
TABLED:
DIRECTION GIVEN:
ITEM #16
CITY OF SANTA FE SPRINGS
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Lana Dich, Director of Finance and Administrative Services and Debbie Ford, Human Resources Manager
SUBJECT: Resolution No. 9885 Establishing the City’s Maximum Contribution of Miscellaneous and Safety Employees under the Public Employees’ Medical and Hospital Care Act
DATE: October 3, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1) Adopt Resolution No. 9885, establishing the City’s maximum contribution to medical insurance premiums under the Public Employees’ Medical and Hospital Care Act.
FISCAL IMPACT
The financial impact of this adjustment has already been incorporated and approved in the Fiscal Year 2023-24 budget as part of the applied benefits and labor costs.
BACKGROUND
The various Memorandum of Understanding (MOUs) between the Santa Fe Springs City Employees Association (SFSCEA), the Santa Fe Springs Executive Management Confidential Association (SFSEMCA) and the Santa Fe Springs Firefighters Association (SFSFA) provide for an increase in the maximum amount that the City contributes towards medical insurance for employees and annuitants. During negotiations, it was agreed upon that the medical contribution cap will be adjusted, up or down, for the term of the agreement (January 1, 2022 – January 1, 2024), (the SFSCEA term was extended to January 1, 2025), to match the Kaiser family rate (SFSCEA/SFSEMC) or PORAC family rate (SFSFA).
CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 3, 2023 Resolution No. 9885 Establishing the City’s Maximum contribution of Miscellaneous and Safety Employees under the Public Employees’ Medical and Hospital Care Act
ANALYSIS
N/A
ENVIRONMENTAL
N/A
DISCUSSION
The City contribution to medical premiums for active employees and retirees will be adjusted as follows, effective January 1, 2024:
Santa Fe Springs Executive, Management & Confidential Association and Santa Fe Springs City Employees Association:
From $1,962.06 to $2,250.07 per month
Santa Fe Springs Firefighters Association:
From $2,100.00 to $2,371.00 per month
Government Code Section 22892 requires that a resolution be adopted fixing this maximum amount of medical coverage.
SUMMARY/NEXT STEPS
Staff recommends that the City Council approve Resolution No. 9885.
Upon approval, staff will send a certified copy of the resolution to CalPERS.
ATTACHMENT(S):
Attachment A - Resolution No. 9885
CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 3, 2023 Resolution No. 9885 Establishing the City’s Maximum contribution of Miscellaneous and Safety Employees under the Public Employees’ Medical and Hospital Care Act
ITEM STATUS:
APPROVED:
DENIED:
TABLED:
DIRECTION GIVEN:
RESOLUTION NO. 9885
A RESOLUTION OF THE SANTA FE SPRINGS CITY COUNCIL
FIXING THE EMPLOYER CONTRIBUTION UNDER THE PUBLIC EMPLOYEES’ MEDICAL AND
HOSPITAL CARE ACT AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS WHEREAS, (1) City of Santa Fe Springs is a contracting agency under Government Code Section 22920 and subject to the Public Employees’ Medical and Hospital Care Act (the “Act”); and
WHEREAS, (2) Government Code Section 22892(a) provides that a contracting agency subject to Act shall fix the amount of the employer contribution by resolution; and WHEREAS, (3) Government Code Section 22892(b) provides that the employer contribution shall be an equal amount for both employees and annuitants, but may not be less than the amount prescribed by Section 22892(b) of the Act; now, therefore be it
RESOLVED, (a) That the employer contribution for each employee or annuitant shall be the amount necessary to pay the full cost of his/her enrollment, including the enrollment of family members, in a health benefits plan up to a maximum of:
Medical Group Monthly Employer Health Contribution
Self Self+1 Self+ Family
001 Miscellaneous $2,250.07 $2,250.07 $2,250.07
002 Safety $2,371.00 $2,371.00 $2,371.00
plus administrative fees and Contingency Reserve Fund assessments; and be it further
RESOLVED, (b) City of Santa Fe Springs has fully complied with any and all applicable provisions of Government Code Section 7507 in electing the benefits set forth above; and be it further
RESOLVED, (c) That the participation of the employees and annuitants of City of Santa Fe Springs shall be subject to determination of its status as an “agency or instrumentality of the state or political subdivision of a State” that is eligible to participate in a governmental plan within the meaning of Section 414(d) of the Internal Revenue Code, upon publication of final Regulations pursuant to such Section. If it is determined that City of Santa Fe Springs would not qualify as an agency or instrumentality of the state or political subdivision of a State under such final Regulations, CalPERS may be obligated, and reserves the right to terminate the health coverage of all participants of the employer; and be it further
RESOLVED, (d) That the executive body appoint and direct, and it does hereby appoint and direct, Travis Hickey, Director of Finance and Administrative Services to file with the Board a verified copy of this resolution, and to perform on behalf of City of Santa Fe Springs all functions required of it under the Act; and be it further RESOLVED, (e) That coverage under the Act be effective on January 1, 2024.
Adopted at a regular meeting of the City Council at Santa Fe Springs, this 3rd day of October 2023.
Signed: _________________________________
Juanita Martin, Mayor
ATTEST:
_________________________________
Janet Martinez, CMC, City CLERK
ITEM #17
CITY OF SANTA FE SPRINGS
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Lana Dich, Assistant Director of Finance and Administrative Services Jeffrey Bailey, Technology Services Manager
SUBJECT: Authorize the Purchase of Equipment and Services Related To the Relocation of the Council Chambers Audio/Visual Workstation DATE: October 3, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1) Award an order to Western Audio Visual for the purchase of new equipment and services to move the audio-visual workstation to the rear of the Council Chambers.
2) Authorize the Director of Purchasing Services to process a Purchase Order in the amount of $42,300.00 to Western Audio Visual.
3) Appropriate $42,300.00 from General Fund Reserves to the 10129000-542050 Non-Recurring account.
FISCAL IMPACT
The $42,300.00 will be funded by an appropriation from General Fund Reserves to the 10129000-542050 Non-Recurring account. The original project amount is $38,300.00 plus a 10% contingency amount for unforeseen circumstances.
BACKGROUND
Western AV is our vendor that completed the last two upgrade projects for the AV equipment in the Council Chambers and they have a thorough of the existing equipment CITY COUNCIL AGENDA REPORT – MEETING OF October 3, 2023 Authorize the Purchase of Equipment and Services Related to the Relocation of the Council Chambers Audio/Visual Workstation
and layout of the Council Chambers. While we have an ongoing support contract with Western AV, the scope of project is not covered under our support contract.
ANALYSIS
N/A
ENVIRONMENTAL
N/A
DISCUSSION
N/A
SUMMARY/NEXT STEPS
Upon Council approval, a Purchase Order will be issued. Once the vendor begins work, engineering plans will be developed by the vendor and delivered to Public Works for coordination with the other renovation projects currently underway.
ATTACHMENT(S):
A. Attachment A – Western AV – Broadcast AV Relocation
ITEM STATUS:
APPROVED:
DENIED:
TABLED:
DIRECTION GIVEN:
Representative Kevin Mahkorn
Mobile 949.306.4162
Office 714.637.4461
Email [email protected]
Revision 8/31/2023
Item Quantity Manufacturer Model Description Unit Price Ext Price Broadcast
1 Samsung QB43B 43IN COMMERCIAL 4K UHD LED LCD DISPLAY 350 NIT $ 740.00 $ 740.00 1 Chief TS218SU MediumThinstall™DualSwingArmWallDisplayMount-18InchExtension $ 233.00 $ 233.00 1 Omnirax PSJR-B Omnirax ProStation Jr. Workstation $ 1,707.00 $ 1,707.00 1 BlackMagic HDL-AUDMON1RU12G Audio Monitor 12G (1 RU) $ 1,544.00 $ 1,544.00 Miscellaneous Components
1 Middle Atlantic ERK-3525-AV 35 RU ERK Series Rack, 25 Inches Deep, AV Configured $ 1,859.00 $ 1,859.00 1 Middle Atlantic PD-915R Rackmount Power, 9 Outlet, 15A, Basic Surge Protection - 9 ft Cord $ 138.00 $ 138.00 $ 6,221.00
$ 3,156.00
$ 64.00
$ 32.00
$ 3,252.00
$ 3,800.00
$ -
$ 567.00
$ -
$ 23,000.00
$ -
$ -
Sub-Contract $ -
$ 159.00
$ 27,526.00
Total Equipment $ 9,473.00
Total Labor $ 27,526.00
Equipment and Labor Subtotal $ 36,999.00
Total Shipping $ 253.00
Additional Shipping for Overnight or Large Items $ -
Subtotal $ 37,252.00
Sales Tax 10.50% $ 1,021.23
Electronic Waste Fee 4" - 14" ($4.00) QTY: 0 $ -
Electronic Waste Fee 15" - 34" ($5.00) QTY: 0 $ -
Electronic Waste Fee 35" and Greater ($6.00) QTY: 0 $ - Electronic Waste Fee Total $ -
Total Service Agreement $ -
Bond (if required) $ -
$ 38,273.23
NOTES:
Billing Terms:
Date
100% Equipment Upon Order, Progress Billing for Labor
Client Authorized Signature Printed Name & Title
This quote is valid for 30 days. The sales tax is subject to change—in the event of a an increase, the client agrees to pay the current sales tax rate. This proposal is not to be copied, reproduced or forward to any third party as its contents are the property of Western Audio Visual.
Miscellaneous Materials
Engineering & Drafting
Control Programming
Project Management
Staging & Assembly
Installation & Testing
Training, Closing, & Commissioning
Travel
Insurance & Admin
Integration Labor Sub-Total
Broadcast Move Totals
Integration Labor
Miscellaneous Materials Sub-Total
Broadcast Move Equipment Sub-Total:
Cable & Connectors
Installation Hardware & Accessories
City of Santa Fe Springs
Broadcast AV Relocation
Broadcast Move
Typical of 1 - Proposal Includes 1
Equipment Rack Hardware (Lacing Bars, Blanks, Vents, etc.)