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HomeMy WebLinkAbout14. Apprv Grant Agrmt w-Cal State Library to Accept Funds for Mobile Library ProgAPPROVE A GRANT AGREEMENT BETWEEN THE CITY OF DOWNEY AND THE CALIFORNIA STATE LIBRARY TO ACCEPT FUNDS TO PROVIDE A MOBILE LIBRARY PROGRAM TO THE CITY JULY 28, 2020 PAGE # 2 renovated building is open. A dedicated vehicle will greatly assist the Library's program staff in transporting educational materials and resources; until now, staff have been relying on the limits of their personal vehicles. The funds also will enable the Library to build up its educational programming, especially its early -learning programs, expanding upon the success of what it currently offers. California children spend most of their time out of school, with Libraries providing critical learning opportunities during the out -of -school time, especially to under- resourced young people. Library staff will begin by collaborating with the Columbia Memorial Space Center to deliver its early -childhood STEM program, turning that into an outreach activity that moves out of the Center. With the grant funding, Library staff also will focus on designing and delivering programs to improve and support the social - emotional development of school -aged children, as well as programs that address workplace preparedness of teens using the Library's soon -to -be constructed makerspace as an inspiration. Continuing the Library's practice of community engagement, youth will be invited to have a leadership voice in designing many of these activities. Quality of Life, Neighborhood & Infrastructurd, Public Engagement Fiscal Responsibility The grant award covers the entire cost of the mobile program for two years, including vehicle lease costs. ATTACHMENTS am, 4=- MWINNUM= California State Library Fiscal Office PO Box 942837 Sacramento, CA 94237-0001 Progra-m-obile Cover page — Summary and Contact Information This first page is a summary of the application information for Progra-m-obile: Shared Vision/Bringing the Library to You Project. Grantee Name: Downey City Library Grantee Award Number: SVBT-057 Grant Awarded Amount: $30,000 First Payment (90%): $27,000 Final Payment (10%): $3,000 Project Lead: Benjamin Dickow, Library Director • Downey City Library, 11121 Brookshire Ave., Downey, CA 90241 California State Library Fiscal Office Grant Agreement & Certification of Compliance Progra-m-obile PO Box 942837 Downey City Library, SVBT-057 Sacramento, CA 94237-0001 Section 1: Terms and Conditions, Page 1 of 5 Progra-m-obile GRANT AGREEMENT AND CERTIFICATION This is the Progra-m-obile Grant Agreement (award number SVBT-057) and Certification of Compliance between the California State Library and Downey City Library, henceforth referred to as Grantee. The Grantee designated above hereby certifies to the California State Library that the grant of $30000 will be used solely to carry out the program set forth in its Progra-m-obile application as approved, and/or as amended and approved by the California State Librarian. The Grantee and its named or designated fiscal agent (if applicable) hereby assures the California State Library that: 1. It is mutually understood between the parties that this grant award may have been made before the availability of appropriated funds was ascertained. This was done for the mutual benefit of both parties in order to avoid program and fiscal delays which would occur if the grant award were executed after that determination was made. 2. This grant award is valid and enforceable only if sufficient funds are made available to the California State Library in the Enactment Year 2019 State Budget for the purposes of this program. In addition, this grant award is subject to any additional restrictions, limitation, or conditions enacted by the Legislature and approved by the Governor, which may affect the provisions, terms or funding of this grant award in any manner. 3. It is mutually agreed that if sufficient funds are not appropriated for the program, this grant award shall be amended to reflect any reduction in funds. 4. It is mutually agreed that the grant application and the timeline included therein are part of the grant agreement. 5. The complete Progra-m-obile GRANT AGREEMENT and CERTIFICATION OF COMPLIANCE shall constitute the grant agreement for the project. 6. The Grantee shall report to the State Librarian in such form and containing such information as may be required to enable the California State Library to administer the grant. The Grantee California State Library Fiscal Office Grant Agreement & Certification of Compliance Progra-m-obile PO Box 942837 Downey City Library, SVBT-057 Sacramento, CA 94237-0001 Section 1: Terms and Conditions, Page 2 of 5 shall keep records and afford access to records concerning the grant as the California State Librarian finds necessary to assure the correctness and verification of grant reports. 7. The expenditure under this program shall not be used to supplant Grantee efforts inother programs. This agreement is subject to the provisions of the Budget Act of 2019, Chapter 23 of the Statutes of 2019. Performance of the provisions of this agreement is subject to the conditions and availability of funds as awarded by the State Librarian under the Act. 1. The terms of this agreement shall be upon execution until the end of the grant period, but shall be subject to termination by the State Librarian upon notice to the grantee at leastthirty (30) days prior to the effective date of termination. The State Librarian may extend the final deadline for good cause. Request for extension beyond the final deadline of the end of the grant period must be received at least 30 days prior in writing to that deadline at the State Librarian's office. In the event this agreement is terminated, the Grantee shall deliver to the State Librarian copies of all reports and/or materials prepared up to the date of termination, and the State Librarian shall determine, and pay the grantee for necessary and appropriate expenditures and obligations to the date of termination which have not been covered by prior installments previously paid to the Grantee. If funding has been advanced to the Grantee, any unobligated balances, as determined by the State Librarian, shall be returned to the State Library within 60 days of the notice of termination. 2. The State Librarian may at any time during the term of this agreement review, audit,and inspect the project for compliance with this agreement. 3. The California State Library shall be acknowledged in all promotional materialsand publications related to the Progra-m-obile project. 4. Original material produced with these grant funds may be copyrighted by the Grantee or its assignees. However, the California State Library reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for public library and State governmental purposes: a. The copyright in any work developed under this grant, sub -grant, or contract under this grant or sub -grant; and b. Any rights of copyright to which a Grantee, sub -grantee, or a contractor purchases ownership with grant support. California State Library Fiscal Office Grant Agreement & Certification of Compliance Progra-m-obile PO Box 942837 Downey City Library, SVBT-057 Sacramento, CA 94237-0001 Section 1: Terms and Conditions, Page 3 of 5 The foregoing provision specifically authorizes the California State Library to mount copyrighted material produced or purchased with grant funds on a California State Library website for public access and viewing. 5. Nothing contained in this Agreement or otherwise shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Grantee of his/her responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the State for the acts and omissions of its 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 Grantee. The Grantee's obligation to pay its subcontractors is an independent obligation from the State's obligation to make payments to the Grantee. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any subcontractor. 6. Grantee has the right to perform services for others during the term of thisagreement. a. Grantee has the right to perform the services required by this agreement at any location or at any time during the grant period, following the agreed-upontimeline. b. Grantee shall furnish all equipment and materials used to provide theservices required by this Agreement. c. Grantee, Grantee's employees or contract personnel shall perform all services required by this Agreement; and beyond general monitoring and administration of the grant contract, the State Library shall not hire, supervise or pay any personnel toassist Grantee. d. The State Library shall not provide any training to Grantee, Grantee's employees or contract personnel with the skills necessary to perform the services required by this Agreement. e. The State Library shall not require the Grantee, Grantee's employees or contract personnel to devote full time to performing the services required by thisAgreement. 7. Indemnification: Grantee agrees to indemnify, defend and save harmless the State of California, its agents, and employees from any and all claims and losses 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 Grantee in the performance of this Agreement. 8. In the event of a dispute, Grantee shall file a "Notice of Dispute" with the State Library within ten (10) days of discovery of the problem. Within ten (10) days, the grant monitor shall meet with the Grantee for purposes of resolving the dispute. Any dispute concerning a question of California State Library Fiscal Office Grant Agreement & Certification of Compliance Progra-m-obile PO Box 942837 Downey City Library, SVBT-057 Sacramento, CA 94237-0001 Section 1: Terms and Conditions, Page 4 of 5 fact arising under the terms of this Agreement which is not disposed of within a reasonable period of time by Grantee and State employees normally responsible for the administration of this Agreement shall be brought to the attention of the State Librarian or designated representative of each organization for resolution. The decision of the State Librarian or designated representative shall be final. In the event of a dispute, the language contained within this Agreement shall prevail over any other language including that of the bid proposal. The existence of a dispute not fully resolved shall not delay Grantee to continue with the responsibilities under this Agreement which are not affected by the dispute. 9. Federal and State Taxes: The State Library shall not a. Withhold FICA (Social Security and Medicare payments) from Grantee's paymentsor make FICA payments on the Grantee's behalf; or b. Make Federal or State unemployment insurance contributions on Grantee's behalf; or c. Withhold Federal or State income taxes from Grantee's payments Grantee shall pay all taxes required on payments made under this Agreement including applicable income taxes and FICA. 10. Fringe Benefit Ineligibility: Grantee agrees that neither the Grantee 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. 11. Workers' Compensation: The State of California will not provide Workers' Compensation insurance for Grantee or Grantee's employees or contract personnel. If Grantee hires employees to perform services required by this Agreement, Grantee shall provide Workers' Compensation insurance for them. 12. Non -Discrimination Clause: During this grant period, the Grantee and the Grantee's subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sexual orientation, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical conditions (cancer), age (over 40), marital status, and denial of family care leave. Grantee shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment. 13. Exclusive Agreement: This is the entire Agreement between the State Library and the Grantee. 14. Severability: If any part of this Agreement is held unenforceable, the remainder of the Agreement will remain in full force and effect. 15. Applicable Law: The laws of the State of California govern this Agreement. California State Library Fiscal Office Grant Agreement & Certification ufCompliance POBox 942Q37 Downey City Library, SV@T'O57 Sacramento, CA94337'OOU1 Section l:Terms and Conditions, Page 5ofS 16. Notices: All notices and other communications in connection with this Agreement shall be in writing, and shall be considered delivered as follows: a. When delivered personally tothe recipient's address esstated inthis Agreement; b. Three days after being deposited in the U.S. Mail, postage prepaid addressedto recipient's address as stated in this Agreement c. When sent by Fax or e-mail to the last Fax or e-mail address of the recipient knownto the party giving notice. Notice is effective upon receipt. California State Library Fiscal Office PO Box 942837 Grant Agreement & Certification of Compliance Progra-m-obile Downey City Library, SVBT-057 Sacramento, CA 94237-0001 Section 2: Payments, Reports and Claims, Page 1 of 2 CLAIMSPAYMENTS., REPORTS AND LIMITATION OF EXPENDITURE Expenditure for all projects must conform to the approved budget, as amended, and with applicable Federal and State laws and regulations. Any of the sums listed as approved and/or amended appearing under the categories in the approved budget may be adjusted with prior authorization from the State Library grant monitor. This would be to increase any allotment not more than 10% with the understanding that there will be corresponding decreases in the other allotments so that the total amount paid by the California State Library to the Grantee under this Agreement shall not exceed the awarded amount, which shall be expended/encumbered during the grant period. Payment will be provided to cover the expenditures incurred by the Grantee for the project in the following manner: Initial Payment of 90% of Approved Award Amount ($27,000): upon execution of the agreement and submission of claim and certification by Grantee. Payment of 10% of Approved Award Amount ($3,000): on project completion and upon the submission of required final narrative and financial reports, no later than June 30, 2022. If the amount of payment made by the California State Library shall exceed the actual expenses during the term of this agreement, as reflected in the financial reports to be filed by the Grantee, the Grantee shall refund to the California State Library the amount of such excess payment. The Grantee shall make all required reports and claims to the California State Library. The Grantee shall be responsible for the submission of interim and final narrative and financial reports on the progress and activities of the project, to the California State Library. The financial reports shall reflect the expenditures made by the Grantee under the Agreement. The financial reports may be incorporated into the same reporting structure as the narrative reports. The financial reports shall be submitted by the following dates, by the following dates: a. First Grant Reports (mid -project narrative and financial) (covering start of grant - December 2020: January 31, 2021 California State Library Grant Agreement & Certification ofCompliance Fiscal Office ProQre'm'qbi|e POBox 942837 Downey City Library, SV8T'O57 Sacramento' CA94237'OOO1 Section 3: Payments, Reports and Claims, Page 2 of b. Second Grant Reports (mid-projectnarrative and financial) (covering January 2021-June 2021): July 31,2021 c. Final Grant Reports (final narrative and financial): upon the completion of thegrant project and/or no later than April 30, 2022 U. Toobtain payment hereunder, the Grantee shall submit authorized claims provided bvthe California State Library for that purpose. For properly submitted claims, the California State Library agrees toreimburse the Grantee assoon thereafter asState fiscal procedures permit. UL The final 1OY6ofthe grant award ispayable only ifthe Grantee isonschedule tnfulfill all project requirements in the time specified in the award. The project grant monitor must also approve the project reports. Failure to provide timely reports is a breach of a Grantee's administrative duty under the award, which may result in State audit exceptions against the State and the loss of grant funds. The State Librarian may extend the final deadline for good cause. Request for extension beyond the ending date of the grant period, must be received at least 30 days prior in writing Umthat deadline bvthe grant monitor. California State Library Fiscal Office POBox 94Z837 Sacramento, CA94237'OOOl Grant Agreement & Certification ofCompliance Progna-nn'obi|e Downey City Library, SVBT'O57 Section 3:Grant Term and Award Documentation Grantee: Downey City Library Project Name: Prmgna-mn'obi|e: Funding Start Date: **uponexecution**and not before April 28,ZO2O Approved Funds: $30\000 Term: upon execution — March 31, 2022, or upon earlier completion of project w 90% of award amount of approved funds in the amount of $27000, payable upon execution of agreement and submission ofclaim and certification 0 10% of award amount of approved funds in the amount of $3000, payable upon submission of final project narrative and financial reports California State Library Grant Agreement & Certification of Compliance Fiscal Office Progra-m-obile PO Box 942837 Downey City Library, SVBT-057 Sacramento, CA 94237-0001 Section 3: Grant Term and Award Documentation I I I 1111111 ! 11111111111 J I Jill I I � 1 11111111 11111111111 F. Reporting Structure: 61202000 Program #: 5312 California State Library Grant Agreement & Certification ofCompliance Fiscal Office Pnogna'm-obi|e POBox 94Z837 Downey City Library, B/8T-O57 Sacramento, CA94237'OU01 Section 4:Information Notice, Page lofl California State Library Fiscal Office — Local Assistance State Funded Projects P.O. Box 942837 Sacramento, CA 94237-0001 These forms must be submitted as soon as possible to avoid delay in receiving funds. You should retain copies of the claim and certification of compliance for your files. You should receive your payment within 6-8 weeks upon submission. If you have further questions, please feel free to contact Bev Schwartzberg California State Library Fiscal Office PO Box 942837 Sacramento, CA 94237-0001 Grant Agreement & Certification of Compliance Progra-m-obile Downey City Library, Invoice# SVBT-057-001 Section 5: Claim for Payment, Page 1 of 1 c � i ENY: 2019 ITEM NO: 6120-217-0001, Chapter 23, Statutes of 2019 PURCHASING AUTHORITY NUMBER: CSL-6120 REPORTING STRUCTURE: 61202000 COA: 5432000 PROGRAM #: 5312 SCHEDULE NO: SCHEDULE DATE: Claim of: City of Downey, Downey City Library Address: 11111 Brookshire Ave., Downey, CA 90142 Amount Claimed: $27,000 For Period From: upon execution to end of grant period Type of Payment PROGRESS r®- Grant Award Number: SVBT-057 IdILlfAJ Payable Upon Execution of Agreement 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) Gilbert Livas (Print name) City Manager (Title) State of California, State Library Fiscal Office by Date (State Library Representative) MAIL ONE ORIGINAL SIGNATURE TO: California State Library Fiscal Office — Local Assistance State Funded Programs PO Box 942837 Sacramento, CA 94237-0001 California State Library Grant Agreement & Certification of Compliance Fiscal Office Progra-m-obile PO Box 942837 Downey City Library, SVBT-057 Sacramento, CA 94237-0001 Section 6: Program Certification, Page 1 of Grantee: Downey City Library Grant Number: SVBT-057 PLEASE COMPLETE AND RETURN THIS PAGE 110:11,31111111• at • '' � I. 1 certify that I am the legally designated representative for the Grantee named above, and am authorized to receive and expend funds for the conduct of this program. 11. 1 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; that as the authorized representative of the Grantee, I commit to the conditions of this award and have the legal authority to do so. SIGNED Authorized representative Gilbert Livas, City Manager Print name and title of authorized representative cit manager downevc_.org E-mail address of authorized representative 11111 Brookshire Ave Street address of named Grantee Organization Los Angeles 90142 County Zip Code Program Lead, if different than above Benjamin Dickow, Library Director Type or print name and title of Program Lead bdickow@downeyspacecenter.org Email address of Program Lead ATTEST: City Clerk, City of Downey APPROVED S TO FORM: Cit ttorney, City of Downey Y Downey City • rF Telephone of authorized rep. 562-231-1205 Telephone of Program Lead California State Library rant Agreement & Certification mfCompliance Fiscal Office «proje» P[)Box 942037 «UbraryOrgenizadon_Nanme», xAw/ard_Number» Sacramento, CA 94237'0001 Section G:Program Certification, Page 1of1