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HomeMy WebLinkAbout20A - AGMT FOR GRANT FUNDS FOR KNOW MOREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 18, 2020 TITLE: APPROVE A GRANT AGREEMENT ACCEPTING GRANT FUNDS FROM THE CALIFORNIA STATE LIBRARY FOR THE KNOWLEDGE MOBILE "KNOW -MO": BRINGING MOBILE LIBRARY SERVICES BACK TO SANTA ANA PROGRAM IN THE AMOUNT OF $80,000 AND APPROVE AN APPROPRIATION ADJUSTMENT AND A MEMORANDUM OF UNDERSTANDING WITH THE SANTA ANA UNIFIED SCHOOL DISTRICT (NON -GENERAL FUND) /s/Kristine Ridge CITY MANAGER CLERK OF COUNCIL USE ONLY: UT00062wo, ❑ As Recommended ❑ As Amended ❑ Ordinance on 111 Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For Wis]►111►111al III to] FILE NUMBER RECOMMENDED ACTION 1. Authorize the City Manager to execute a grant agreement (SVBT-026) accepting grant funds from the California State Library for the Knowledge Mobile "Know-Mo": Bringing Mobile Library Services Back to Santa Ana Program in the amount of $80,000, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment to recognize $80,000 in grant revenue from the California State Library and appropriate $80,000 into the corresponding expenditure accounts (Public Library Grant Fund) to implement the program. 3. Authorize the City Manager to execute a Memorandum of Understanding with the Santa Ana Unified School District (SAUSD) to work collaboratively to issue a Student Success Library Card to all students within SAUSD and develop programming and activities that the bookmobile will conduct at schools for a period of five (5) years, subject to non -substantive changes approved by the City Manager and City Attorney. 4. Authorize the City Manager and her designee, the Library Services Executive Director, to sign any required documents as they relate to the Memorandum of Understanding between the City of Santa Ana and SAUSD to implement the Student Success Library Card Program along with a collaboration that delivers quality bookmobile services to local schools. 20A-1 Approve a Grant Agreement with the California State Library and MOU with SAUSD August 18, 2020 Page 2 DISCUSSION The Fiscal Year 2019-20 California state budget contains $8 million for the State Library to provide grants to local public library jurisdictions to implement early learning and after school programs, and to support mobile library solutions. These new grant programs will increase Californians' access to health, educational, workforce and other services, while also increasing the mobility and accessibility of public libraries. The City of Santa Ana Public Library (SAPL) was awarded an $80,000 grant by the California State Library to procure books, audiovisual materials, technology and supplies needed for a new mobile library unit that is being financed by the Cannabis Public Benefit Fund. The new vehicle will provide a combination of traditional library services as well as new technologies such as 3D printing, robotics, virtual reality headsets and wireless internet access to serve children and families where they live, work, learn and play. Project benefits will include improved public library access to under - served populations in Santa Ana, the ability to bring new technology and hands-on learning activities directly to the community, while still promoting a love of reading and literacy for all people. Indirect and overhead costs are not funded by the grant (Exhibit 1). SAPL and the Santa Ana Unified School District (SAUSD) are dedicated to serving the educational needs of all students within the City of Santa Ana. The California State Library grant received by SAPL requires the grantee to establish a partnership that focuses on serving Santa Ana residents. As a result, SAPL and SAUSD plan to implement a special Student Success Library Card Program along with a collaboration, via a Memorandum of Understanding (Exhibit 2) that delivers quality bookmobile services to local schools. This partnership is a first step in improving library access to many underserved students in Santa Ana. The partnership will also serve as an example for how SAPL will develop additional partnerships with other schools and organizations that also serve students throughout the City of Santa Ana. The Student Success Library Card Program will provide every student in the SAUSD with access to physical library materials and online resources such as downloadable e-books, magazines, audiobooks, and video streaming. This will be done by using SAUSD student issued identification numbers or student IDs as the Student Success Library Card account number. The Library will not issue a physical library card since students will use their school issued identification number or Student ID to access all library services. The Student Success Library Card will have modified borrowing privileges of physical materials and will be limited to five (5) items, which must be returned before additional items can be checked out. However, overdue fines and other fees will not be charged on any materials checked out with the Student Success Library Card. The SAPL will waive existing fines/fees if students already have a card, in order to give them a new library card and a fresh start. The Student Success Library Card Program will begin as a pilot project with SAUSD, and based upon the success of the partnership, will roll out to other districts and schools that serve Santa Ana students. 20A-2 Approve a Grant Agreement with the California State Library and MOU with SAUSD August 18, 2020 Page 3 A partnership for bookmobile services will serve to support academic success and bring new technology and hands-on educational programming directly to students across Santa Ana. The bookmobile will provide mobile materials checkout, library card registration, and general circulation functions. It will also offer a variety of technology related features including wireless internet access, virtual reality headsets, laptops, 3D printers, and other "maker" equipment for S.T.R.E.A.M (science, technology, reading, engineering, art, and mathematics) based learning. SAPL staff will work directly with SAUSD teachers to develop programs for students and establish a rotating schedule for bookmobile visit locations throughout the SAUSD. The Library and the School District will also work together to promote this partnership and its services to all parents and students. FISCAL IMPACT An appropriation adjustment to recognize revenue and appropriate funds to the respective accounts is shown below. Fiscal Year Accounting Unit- Account # Fund Description Accounting Unit, Account Description Amount FY 20-21 15211002-52025 Revenue Public Library Grant Revenue, $80,000 State Grant State Grants -Direct FY 20-21 15211153-63001 Expenditure Mobile Library Solutions Grant, $80,000 State Grant Miscellaneous Operating Materials Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director — Finance and Management Services Agency Submitted By: Brian Sternberg, Library Services Executive Director — Library Services Agency Exhibits: 1. Grant Agreement 2. Memorandum of Understanding 20A-3 California State Library Grant Agreement & Certification of Compliance Fiscal Office The Knowledge Mobile "Know-Mo": Bringing Mobile Library Services Back to Santa Ana PO Box 942837 Santa Ana Public Library, SVBT-026 Sacramento, CA 94237-0001 Cover page —Summary and Contact Information SUMMARY AND CONTACT INFORMATION This first page is a summary of the application information for The Knowledge Mobile "Know-Mo": Bringing Mobile Library Services Back to Santa Ana: Shared Vision/Bringing the Library to You Project. Grantee Name: Santa Ana Public Library Grantee Award Number: SVBT-026 Grant Awarded Amount: $80,000 First Payment (90%): $72,000 Final Payment (10%): $8,000 Authorized official: Kristine Ridge, City Manager Project Lead: Brian Sternberg, Project Coordinator, Library Services Director, Santa Ana Public Library Organization Address: Santa Ana Public Library, 26 Civic Center Plaza, Santa Ana, CA 92701 20A-4 *V14 H III III a I California State Library Grant Agreement & Certification of Compliance Fiscal Office The Knowledge Mobile "Know-Mo": Bringing Mobile Library Services Back to Santa Ana PO Box 942837 Santa Ana Public Library, SVBT-026 Sacramento, CA 94237-0001 Section 1: Terms and Conditions, Page 1 of 5 The Knowledge Mobile "Know-Mo": Bringing Mobile Library Services Back to Santa Ana GRANT AGREEMENT AND CERTIFICATION OF COMPLIANCE This is the The Knowledge Mobile "Know-Mo": Bringing Mobile Library Services Backto Santa Ana Grant Agreement (award number SVBT-026) and Certification of Compliance between the California State Library and Santa Ana Public Library, henceforth referred to as Grantee. The Grantee designated above hereby certifies to the California State Library that the grant of $80000 will be used solely to carry out the program set forth in its The Knowledge Mobile "Know-Mo": Bringing Mobile Library Services Back to Santa Ana application as approved, and/or as amended and approved by the California State Librarian. TERMS AND CONDITIONS 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. 20A-5 *V14NIII III ail California State Library Grant Agreement & Certification of Compliance Fiscal Office The Knowledge Mobile "Know-Mo": Bringing Mobile Library Services Back to Santa Ana PO Box 942837 Santa Ana Public Library, SVBT-026 Sacramento, CA 94237-0001 Section 1: Terms and Conditions, Page 2 of 5 5. The complete The Knowledge Mobile "Know-Mo": Bringing Mobile Library Services Back to Santa Ana 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 Libraryto administer the grant. The Grantee 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 in other 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 least thirty (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 paythe 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 anytime 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 materials and publications related to the The Knowledge Mobile "Know-Mo": Bringing Mobile Library Services Back to Santa Ana project. 4. Original material produced with these grant funds maybe 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: 20A-6 *V14HIII III ail California State Library Grant Agreement & Certification of Compliance Fiscal Office The Knowledge Mobile "Know-Mo": Bringing Mobile Library Services Back to Santa Ana PO Box 942837 Santa Ana Public Library, SVBT-026 Sacramento, CA 94237-0001 Section 1: Terms and Conditions, Page 3 of 5 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. 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 this agreement. a. Grantee has the right to perform the services required by this agreement at any location or at anytime during the grant period, following the agreed -upon timeline. b. Grantee shall furnish all equipment and materials used to provide the services 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 to assist 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 bythis 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 this Agreement. 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 20A-7 *V14HIII III ail California State Library Grant Agreement & Certification of Compliance Fiscal Office The Knowledge Mobile "Know-Mo": Bringing Mobile Library Services Back to Santa Ana PO Box 942837 Santa Ana Public Library, SVBT-026 Sacramento, CA 94237-0001 Section 1: Terms and Conditions, Page 4 of 5 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 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 payments or 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 thatthe evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment. 20A-8 *V14HIII III ail California State Library Grant Agreement & Certification of Compliance Fiscal Office The Knowledge Mobile "Know-Mo": Bringing Mobile Library Services Back to Santa Ana PO Box 942837 Santa Ana Public Library, SVBT-026 Sacramento, CA 94237-0001 Section 1: Terms and Conditions, Page 5 of 5 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. 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 to the recipient's address as stated in this Agreement; b. Three days after being deposited in the U.S. Mail, postage prepaid addressed to 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 known to the party giving notice. Notice is effective upon receipt. 20A-9 *V14HIII III aI California State Library Grant Agreement & Certification of Compliance Fiscal Office The Knowledge Mobile "Know-Mo": Bringing Mobile Library Services Back to Santa Ana PO Box 942837 Santa Ana Public Library, SVBT-026 Sacramento, CA 94237-0001 Section 2: Payments, Reports and Claims, Page 1 of 2 PAYMENTS, REPORTS AND CLAIMS 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. PAYMENTS 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 ($72,000): upon execution of the agreement and submission of claim and certification by Grantee. Payment of 10% of Approved Award Amount ($8,000): 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. REPORTS AND CLAIMS 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 20A-10 *V14NIII Ill aI California State Library Grant Agreement & Certification of Compliance Fiscal Office The Knowledge Mobile "Know-Mo": Bringing Mobile Library Services Back to Santa Ana PO Box 942837 Santa Ana Public Library, SVBT-026 Sacramento, CA 94237-0001 Section 2: Payments, Reports and Claims, Page 2 of 2 b. Second Grant Reports (mid -project narrative and financial) (covering January 2021-June 2021): July 31, 2021 c. Final Grant Reports (final narrative and financial): upon the completion of the grant project and/or no later than April 30, 2022 To obtain payment hereunder, the Grantee shall submit authorized claims provided bythe California State Library for that purpose. For properly submitted claims, the California State Library agrees to reimburse the Grantee as soon thereafter as State fiscal procedures permit. III. The final 10%of the grant award is payable only if the Grantee is on schedule to fulfill 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 to that deadline by the grant monitor. 20A-11 *V14NIII Ill ail California State Library Grant Agreement & Certification of Compliance Fiscal Office The Knowledge Mobile "Know-Mo": Bringing Mobile Library Services Back to Santa Ana PO Box 942837 Santa Ana Public Library, SVBT-026 Sacramento, CA 94237-0001 Section 3: Grant Term and Award Documentation GRANT TERM AND AWARD DOCUMENTATION Award #: SVBT-026 Approval Date: April 28, 2020 Grantee: Santa Ana Public Library Project Name: The Knowledge Mobile "Know-Mo": Bringing Mobile Library Services Back to Santa Ana: Mobile Libraries Funding Start Date: **upon execution** and not before April 28, 2020 Approved Funds: $80,000 Term: upon execution — March 31, 2022, or upon earlier completion of project PAYMENT SCHEDULE • 90% of award amount of approved funds in the amount of $72,000, payable upon execution of agreement and submission of claim and certification 10% of award amount of approved funds in the amount of $8,000, payable upon submission of final project narrative and financial reports 20A-12 *V14NIII III aI California State Library Grant Agreement & Certification of Compliance Fiscal Office The Knowledge Mobile "Know-Mo": Bringing Mobile Library Services Back to Santa Ana PO Box 942837 Santa Ana Public Library, SVBT-026 Sacramento, CA 94237-0001 Section 3: Grant Term and Award Documentation FOR INTERNAL USE ONLY - Billing Information Appropriation Encumbered (designate where applicable) for: Santa Ana Public Library ITEM NO: 6120-217-0001, Chapter 23, Statutes of 2019 PURCHASING AUTHORITY NUMBER: CSL-6120 Reporting Structure: 61202000 COA: 5432000 Program #: 5312 20A-13 4A:I1:3Ill si California State Library Grant Agreement & Certification of Compliance Fiscal Office The Knowledge Mobile "Know-Mo": Bringing Mobile Library Services Back to Santa Ana PO Box 942837 Santa Ana Public Library, SVBT-026 Sacramento, CA 94237-0001 Section 4: Information Notice, Page 1 of 1 ATTENTION Attached following is the claim for payment and the project certification. These two forms must be completed, signed (with original signatures), and returned to: 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 (beverly.schwartzberg@library.ca.gov) or 916-701-6880. Thanks! 20A-14 *:I:I1-3Ya California State Library Grant Agreement & Certification of Compliance Fiscal Office The Knowledge Mobile "Know-Mo": Bringing Mobile Library Services Back to Santa Ana PO Box 942837 Santa Ana Public Library, Invoice# SVBT-026-001 Sacramento, CA 94237-0001 Section 5: Claim for Payment, Page 1 of 1 FINANCIAL CLAIM FIRST PAYMENT 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: Date: Claim of: Santa Ana Public Library Address: Amount Claimed: $72,000 Grant Award Number:SVBT-026 For Period From: upon execution to end of grant period Type of Payment PROGRESS FINAL IN FULL Payable Upon Execution of Agreement -------------------------------------------------------------------------------------------------------------------------------- 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. 0 State of California, State Library Fiscal Office by (State Library Representative) (Signature of the authorized representative) Date MAIL ONE ORIGINAL SIGNATURE TO: California State Library Fiscal Office — Local Assistance State Funded Programs PO Box 942837 Sacramento, CA 94237-0001 (Print name) (Title) -15 *V14HIII Ill aI California State Library Grant Agreement & Certification of Compliance Fiscal Office The Knowledge Mobile "Know-Mo": Bringing Mobile Library Services Back to Santa Ana PO Box 942837 Santa Ana Public Library, SVBT-026 Sacramento, CA 94237-0001 Section 6: Program Certification, Page 1 of 1 Grantee: Santa Ana Public Library Grant Number: SVBT-026 PLEASE COMPLETEAND RETURN THIS PAGE CERTIFICATION OF COMPLIANCE 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 DATE Authorized representative Print name and title of authorized representative E-mail address of authorized representative Street address of named Grantee Organization City County Zip Code Telephone of authorized rep. Program Lead, if different than above Type or print name and title of Program Lead Telephone of Program Lead Email address of Program Lead Approved as to Form: SONIA R. CARVALHO CITY ATTORNEY By Jose Montoya Deputy City Attorney 20A-16 *:1:11-3 Y a California State Library rant Agreement & Certification of Compliance Fiscal Office «Project_Title» PO Box 942837 «LibraryOrganization_Name», ((Award_Number>) Sacramento, CA 94237-0001 Section 6: Program Certification, Page 1 of 1 20A-17 EXHIBIT 2 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SANTA ANA AND SANTA ANA UNIFIED SCHOOL DISTRICT This Memorandum of Understanding ("NIOU") is entered into on this day of 2020 by and between Santa Ana Unified School District, (hereinafter referred to as "SAUSD" or "District"), and the City of Santa Ana, a charter city and municipal corporation "City"), on behalf of the Santa Ana Public Library (hereinafter referred to as "City" or "SAPL"). ARTICLE I. RECITALS A. The SAPL and the SAUSD have a long tradition of collaborating to meet the needs of students within the City in achieving their academic goals. B. The Student Success Library Card Program and the Bookmobile services will improve library access to underserved students in Santa Ana. C. The vision of the Student Success Library Card Program is to provide SAUSD students easy access to the SAPL's resources such as physical materials and online resources such as downloadable e-books, magazines, audiobooks, and video streaming. D. The vision of the Bookmobile services is to promote love of reading, support academic success, and bring new technology and hands-on educational programming and activities directly to SAUSD students. ARTICLE II. PURPOSE The SAPL and the SAUSD agree to work collaboratively as outlined in this MOU to issue a Student Success Library Card to all students in the SAUSD and develop programming and activities that the bookmobile will conduct at the schools. ARTICLE III. TERM The term of this M01I shall commence on the last date all required signatures are obtained and shall continue in force and effect for a period of five (5) years. This MOU shall terminate without cause upon thirty (30) days written notice from either PARTY to the other PARTY stating that PARTY's intent to terminate this MOU. ARTICLE IV. SCOPE OF WORK FOR STUDENT SUCCESS LIBRARY CARD A. Student Success Library Card Program 1. Student Success Library Card will use the student's SAUSD issued identification number or Student ID as the Student Success Library Card account number. The SAPL Page 1 of 6 20A-18 EXHIBIT 2 will not issue a physical library card since by default students will use their school issued identification number or Student ID to check out library materials or to access electronic resources. 2. The Student Success Library Card will provide access to all electronic resources offered by SAPL, including online databases and downloadable e-books, audiobooks, magazines, and video streaming. 3. The Student Success Library Card will have limited borrowing privileges of physical materials and will be limited to five (5) books, which must be returned before additional books will be allowed to be checked out. 4. Overdue fines or other fees will not be charged on any materials checked out with the Student Success Library Card. 5. The SAPI, will waive existing fines/fees if students already have a card in order to give them a new library card, and a fresh start. B. Library Operating Responsibilities 1. Work jointly with the SAUSD to develop information that describes the Student Success Library Card program to parents or legal guardians. 2. Workjointly with the SAUSD to provide training and information as needed to SAUSD librarians and administrators regarding the Student Success Library Card program and library services. 3. Provide reasonable sufficient time for SAPI, staff to visit local SAUSD schools as needed to provide information on the Student Success Library Card program. 4. Provide student data confidentiality and privacy. 5. Import the data provided by SAUSD into the SAPL's integrated library system after verifying those students are not already in the database. C. SAUSD Operating Responsibilities 1. Include a letter of introduction to the Student Success Library Card program in all registration packets for students, which allows parents or guardians to opt -out of the program by signing a form and returning it to their child's school main office. 2. Work jointly with the SAPL to develop and distribute information content that describes the Student Success Library Card program to parents or legal guardians. Page 2 of 6 20A-19 EXHIBIT 2 3.. Produce and distribute handouts and website information to parents or legal guardians to create awareness of the program. 4. Work jointly with the SAPL to provide training and information to SAUSD librarians and administrators regarding the program. 5. Provide SAUSD student data to the SAPL's integrated library system via a secure electronic delivery method. Such shared student data shall consist of participating student's name, student ID number, home address, grade, school, and the student's parent's/guardian's phone number and/or email address. ARTICLE V. SCOPE OF WORK FOR BOOKMOBILE SERVICES A. Bookmobile Services 1. Provide mobile materials checkout, library card registration and general circulation functions. 2. Offer 3D printers and other "maker" equipment for STREAM based learning. 3. Browse popular materials collection inside the Bookmobile and submit requests for materials available from the Main Library. 4. Provide built-in Wi-Fi hotspot. 5. Offer laptops and/or tablets for library programming and patron use. B. Library Operating Responsibilities 1. Work jointly with the SAUSD to develop information that describes Bookmobile services to parents or legal guardians. 2. Work jointly with the SAUSD to develop STREAM related programming and activities for students. 3. Pay and be responsible for all operating costs related to the Bookmobile services such as staffing, equipment and materials for STREAM related programming. C. SAUSD Operating Responsibilities 1. Work jointly with the SAPL to develop and distribute information content that describes the Bookmobile services to parents or legal guardians. Page 3 of 6 20A-20 EXHIBIT 2 2. Provide input to the SAPL for STREAM related programming and activities that the Bookmobile will conduct at the schools. 3. Provide suggestion and recommendation of locations and times for the bookmobile to visit schools. ARTICLE VI. KEY OFFICIALS Key officials for the administration of this MOU shall be: SAPL: Brian Sternberg, Library Director City of Santa Ana 26 Civic Center Plaza (M-75) P.O. Box 1988 Santa Ana, CA 92702 (714) 647-5296 Lynn Nguyen, Principal Librarian City of Santa Ana 26 Civic Center Plaza (M-75) P.O. Box 1988 Santa Ana, CA 92702 (714) 647-5259 SAUSD: Bianca Barquin Assistant Superintendent Santa Ana Unified School District 1601 E. Chestnut Ave Santa Ana, CA 92701 714-558-5501 Tamara Davis District Librarian Santa Ana Unified School District 1601 E. Chestnut Ave Santa Ana, CA 92701 714-480-4784 ARTICLE VII. TERMINATION Either Party may terminate this Agreement by providing thirty (30) days written notice to the other Party. Page 4 of 6 20A-21 EXHIBIT 2 ARTICLE VIII. LIABILITY AND INDEMNIFICATION A. District shall defend, indemnify and save and hold harmless City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with District's performance of this Agreement or District's failure to comply with any of District's obligations contained in the Agreement caused by District, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of City. In the event City is named as codefendant, District shall notify City of such fact and shall represent City in such legal action unless City undertakes to represent itself as codefendant in such legal action, in which case City shall bear its own litigation costs, expenses And attorney's fees. B. City shall defend, indemnify and save and hold harmless District, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with City's performance of this Agreement or City's failure to comply with any of City's obligations contained in the Agreement caused by City, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of District. In the event District is named as codefendant, City shall notify District of such fact and shall represent District in such legal action unless District undertakes to represent itself as codefendant in such legal action, in which event District shall bear its own litigation costs, expenses and attorney's:fees.. ARTICLE IX. INSURANCE Both the City and the District shall maintain, for the period covered by this Agreement, at their own respective costs, their own respective policy or policies of general liability insurance and property insurance. Each Party waives subrogation of its insurance coverage for the other entity. Self-insurance authorized by state law and/or maintained by the City or the District in the regular course of business for its other activities shall satisfy this requirement. (Signature Page Follows) Page 5 of 6 20A-22 EXHIBIT 2 IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed by and through their authorized officers the day, month and year first written above. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney! By: '�4 �— Lisa E. Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: Brian Sternberg Library Director CITY OF SANTA ANA KRISTINE. RIDGE City Manager SANTA ANA UNIFIED SCHOOL DISTRICT SLriL6CL �G/LgILUL Blanca B mar uq mar uq JC Assistant Superintendent K-l2 Teaching & Learning Page 6 of 6 20A-23