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Home My WebLink AboutCALIFORNIA STATE LIBRARY (3)DocuSi n Envelo a to: D0419EBA-AE42-4CAB-AF7D-59E5A27A7845 INSUF�ANC?NOT REQUIRED A-2022-242 WORK MAY PROCEED CLERK OF THE COUNCIL CALI FORN IA !-)ATE: JAN 12 2M-*CALIFORNIA STATE LIBRARY October 19, 2022 =�ibYU�y�� Brian Sternberg (MariaC)(A1J) Executive Director of Library Services City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Subject: Building Forward, Library Infrastructure Grant SANTA ANA PUBLIC LIBRARY Main Library Grant No. BF-1-21-053 Dear Brian Sternberg: This letter confirms the California State Library's award of $9,329,973 in Building Forward grant funds to the City of Santa Ana for the Main Library Transformation Project at the Main Library. These grant funds are intended to be used toward the project components detailed in the Intent to Fund letter dated September 12, 2022, and on the last page of this letter. The State Library has also reviewed and approved your request for a 100% reduction in the required local match contribution for your project. Per your application and the requirements set forth in SB 129 (2021), the City of Santa Ana will contribute $0 toward the project. Match funds are subject to the same restrictions as grant funds; may not be spent on any unallowable costs; and must be spent during the grant period at the same rate as grant funds. This grant is governed by the Grant Agreement and Certification of Compliance. These documents, along with the first allocation claim form, will be sent separately to your organization's authorized representative by email through DocuSign and they must be signed using the DocuSign system. The following supporting documents are also required and must be submitted through the State Library's online grant portal at: https://webportalapp.com/sp/buildingforward: • Final Project Budget • Final Project Implementation Plan Library — Courts Building 916-323-9759 P 0. Box 942837 csl-adm@llbrary.ca.gov Sacramento. CA 94237-0001 www.library.ca.gov DocuSign Envelope to: D9419EBA-AE424CAB-AF7D-59E5A27A7845 Building Forward Library Infrastructure Grant Program BF-1-21-053 Page 3 Enclosures: Grant Agreement (for reference only) Final Project Budget Form and List of Unallowable Costs Final Project Implementation Plan Form Sample Authorizing Resolution CC: Libby Carlson Annly Roman Reed Strege State Library Fiscal Office Library — Courts Building 916-323-9759 P.O. Box 942837 csl-adm@library.ca.gov Sacramento, CA 94237-0001 wwev.library ca.gov DocuSign Envelope ID: D0419EBA-AE42-4CAB-AF7D-59E5A27A7845 Building Forward Library Infrastructure Grant Program BF-1-21-053 Page 5 We want your project to be successful. Please work with your grant monitor throughout implementation of your project. Grant Monitor: Libby Carlson Email Address: libby.carlson@library.ca.gov Phone Number: 916 603-6705 Library - Courts Building 916-323-9759 P.O. Box 942837 csl-admQlibrary,ca.gov Sacramento, CA 94237-0001 www.library.ca.gov DocuSign Envelope ID: D0419EBA-AE42-4CAB-AF7D-59E5A27A7845 City of Santa Ana Main Library 2021-2022 BF- 1-21-053 Page 1 pis Ohl STATE LIBRARY TABLE OF CONTENTS PROJECT SUMMARY 2 PROCEDURES AND REQUIREMENTS A. Term of the Agreement 3 B. Scope of Work 3 C. Budget Detail 3 D. Narrative and Financial Reports 4 E. Claim Form and Payment 5 EXHIBIT A: TERMS AND CONDITIONS 7 EXHIBIT B: ADDITIONAL TERMS AND CONDITIONS 22 EXHIBIT C: CERTIFICATION AND COMPLIANCE FORM 28 A. Certification 32 EXHIBIT D: STATE REIMBURSABLE TRAVEL EXPENSES 34 DocuSign Envelope ID: D0419EBA-AE424CAB-AF7D-59E5A27A7845 City of Santa Ana Main Library 2021-2022 BF-1-21-053 Page 3 CALIFORNIA STATE LIBRARY PROCEDURES and REQUIREMENTS A. Term of the Agreement The Grant term begins on the date of execution of the Agreement by both parties, until March 31, 2026. If completion of the project occurs prior to the end of the grant period this will be the end date of the term of this agreement. Grant eligible program expenditures may begin no earlier than the start date. The project period ends on March 31, 2026, and all grant project costs must be incurred by this date. B. Scope of Work 1. Grantee agrees to perform all activities specifically identified in the Grantee's submitted application and award packet. 2. The following activities and deliverables to be performed by the Grantee include, but are not limited to the following: • Maintain and keep records of expenditures related to the grant that are consistent with Generally Acceptable Accounting Practices (GAAP). • Make financial records available to the State Library upon request. • Work with the State Library staff to assure that funds are disbursed in compliance with the purpose of the grant. • Prepare and submit required narrative and financial reports. • Procure equipment, and other supplies as needed for the project. • Issue contracts for services, personnel, and consultants as needed for the project. • If applicable, make payments for services, including for hours worked and travel reimbursements, to consultants and contractors. • Oversee the implementation of project activities. C. Budget Detail The State Library shall provide the Grantee funding for the expenses incurred in performing the activities specified in the Grantee's award packet documentation. The Grantee shall request the distribution of grant funding consistent with the approved project budget incorporated herein, and according to the payment schedule DocuSign Envelope ID: D0419EBA-AE42-4CAB-AF7D-59E5A27A7845 City of Santa Ana Main Library 2021-2022 BF- 1-21-053 Page 5 October 2024- Financial Reports, Expenditure Detail, and January 31, 2025 December 2024 Narrative Reports Due January 2025- Financial Reports Due April 30, 2025 March 2025 April 2025 -June Financial Reports, Expenditure Detail, and July 31, 2025 2025 Narrative Reports Due July 2025- Financial Reports Due October 31, 2025 September 2025 October 2025- Financial Reports, Expenditure Detail, and January 30, 2026 December 2025 Narrative Reports Due January 2026- Final Financial, Narrative, and Expenditure April 30, 2026 March 2026 Reports Due 4. Failure to submit timely reports with the appropriate documentation by the due date may result in rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding. 5. The Grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant, subject to possible audit for a minimum of five (5) years after final payment date or grant term end date, whichever is later. Please refer to Exhibit A, Terms and Conditions for more information. E. Claim Form and Payment 1. The State Library shall provide the Grantee payment as outlined in the payment schedule only if all requirements for claiming the funds as outlined in this document have been met, and only for those activities and costs specified in the approved award packet documentation. 2. The Grantee shall complete, sign, and submit the Certification of Compliance form (Exhibit C) and the Financial Claim form (included in your award packet), to the State Library within 30 days of receiving this award packet. These forms will be issued, signed, and submitted using the online signature and agreement platform, DocuSign, unless DocuSign is unallowable or inconsistent with practices and policies of the local jurisdiction. If the use of DocuSign is not acceptable to the Grantee organization, please contact the grant monitor regarding alternate options. DocuSign Envelope ID: D0419EBA-AE424CAB-AF7D-59E5A27A7845 City of Santa Ana Main Library 2021-2022 BF-1-21-053 Page 7 CALIFORNIA STATE LIBRARY EXHIBIT A: TERMS and CONDITIONS Accessibility: The State is responsible for ensuring that public websites are accessible to both the general public and state employees, including persons with disabilities. Grantee 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 materials are 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 State Library reserves the right to post project materials to its website that are in compliance with these standards. 2. Acknowledgment: The State of California and the State Library shall be acknowledged in all promotional materials and publications related to the SANTA ANA PUBLIC LIBRARY - Main Library Project. a. Grant award recipients must ensure that the State of California receives full credit as the source of funds and that the California State Library, likewise, is acknowledged as the administrator. b. Publications and information releases about the project must credit the State of California. An appropriate statement for a publication or project press release is: "This [publication/project] was supported in whole or in part by funding provided by the State of California, administered by the California State Library." Grantees must include the above statement in any publications, vehicle wraps, and promotional materials, including websites. If space is limited the State Library logo and the following shortened acknowledgement statement is acceptable: DocuSlgn Envelope ID: D0419EBA-AE42-4CAB-AF7D-59E5A27A7845 City of Santa Ana Main Library 2021-2022 BF-1-21-053 Page 9 records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after the final payment, or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Grantee 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 Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. Examples of audit documentation may include, but not limited to, competitive bids, grant amendments, if any, relating to the budget or work plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/or cancelled checks. 8. Authorized Representative: Grantee and the 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 Grantee. For this purpose, the following contact information is provided below: City of Santa Ana Brian Sternberg 20 Civic Center Plaza Santa Ana, CA 92701 BSternberg@santo-ono.org (714)647.5296 California State Library Libby Carlson 900 N Street Sacramento, CA 95814] libby.carlson@library.co.gov (916)603.6705 1. Confidentiality: Grantee will maintain as confidential any material it receives or produces that is marked Confidential or is inherently confidential or is protected by privilege. Grantee 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. 2. Contractor and Subcontractors: Nothing contained in this Agreement or otherwise shall create any contractual relation between the State and any contractor or subcontractors, and no contract or subcontract shall relieve the DocuSign Envelope ID: D0419EBA-AE42-4CAB-AF7D-59E5A27A7845 City of Santa Ana Main Library 2021-2022 BF-1-21-053 Page 11 a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug -Free Awareness Program to inform employees about all of the following: 1) The dangers of drug abuse in the workplace. 2) The Grantee'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 project funded through this Agreement will: 1) Receive a copy of the Grantee's drug -free workplace policy statement. 2) Agrees to abide by the terms of the Grantee'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 grantee may be ineligible for award of any future state agreements if the State Library determines that the grantee has made a false certification or violated the certification by failing to carry out the requirements as noted above. 7. Effectiveness of Agreement: This Agreement is of no force or effect until signed by both parties. 8. 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. 9. Exclusive Agreement: This is the entire Agreement between the State Library and Grantee. 10. 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 DocuSign Envelope ID: D0419EBA-AE42-4CAB-AF7D-59E5A27A7845 City of Santa Ana Main Library 2021-2022 BF-1-21-053 Page 13 pension, health benefit, vacation pay, sick pay or other fringe benefit plan of the State of California or the State Library. 17. Generally Accepted Accounting Principles: The Grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures. 18. Grant Monitor: The Grant Monitor's responsibilities include monitoring grant progress, and reviewing and approving Grant Payment Requests and other documents delivered to the California State Library pursuant to this Agreement. The Grant Monitor may monitor Grantee performance to ensure Grantee 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 and B) or the Procedures and Requirements unless such authority is expressly stated in the Procedures and Requirements. 19. Grantee: The government or legal entity to which a grant is awarded and which is accountable to the State Library for the use of the funds provided. a. The grantee will make reports to the State Librarian in such form and containing such information as may be required to ensure the proper used of funds consistent with the grantee's application, and award agreement and accompanying documentation submitted. The grantee will keep such records and afford such access as the State Library may find necessary to assure the correctness and verification of such reports. 20. Grantee Accountability: The Grantee 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 Grantee has contracted with another organization, public or private, to administer or operate its grant project. In the event an audit should determine that grant funds are owed to the State Library, the Grantee is responsible for repayment of the funds to the State Library. 21. Grantee Funds: It is mutually agreed that the Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete the project. 22. Independent Action: Grantee 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. Grantee'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. Grantee 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. DocuSlgn Envelope ID: D0419EBA-AE42-4CAB-AF7D-59E5A27A7845 City of Santa Ana Main Library 2021-2022 BF- 1-21-053 Page 15 disability, mental disability, medical condition, genetic information, marital status sex, age, sexual orientation, or military and veteran status. Grantee shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment. Additionally, Grantee, contractors, and subcontractors, if applicable, shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 1 1 135-1 1 139.5), and the regulations or standards adopted by the State Library to implement such article. Grantee shall permit access by representatives of the Department of Civil Rights and the 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 State Library shall require ascertaining compliance with this clause. Grantee, 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.) Grantee shall include the non-discrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the Agreement. 28. 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 (Email): 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. DocuSlgn (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 State Library Grants Management System, a notification will be sent to the last email address of the recipient known to the party giving notice. Notice is effective upon transmission. d. Personally: When delivered personally to the Grantee'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 Grantee's address as stated in this Agreement. 29.Order of Precedence: The performance of this Agreement shall be conducted in accordance with the Terms and Conditions, Procedures and Requirements, Certificate of Compliance, Project Summary, Implementation Plan, and Budget, DocuSign Envelope ID: D0419EBA-AE42-4CAB-AF7D-59E5A27A7845 City of Santa Ana Main Library 2021-2022 BF- 1-21-053 Page 17 e. Lodgings, Meals and Incidentals: Grantee's eligible costs are limited to the amounts authorized in the California State Administrative Manual (see Exhibit C or contact the Grant Monitor for more information). f. Payment will be made only to the Grantee. g. Reimbursable expenses shall not be incurred unless and until the Grantee receives a Notice to Proceed as described in the Procedures and Requirements. 31. Personal Jurisdiction: The Grantee 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 grantees 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. 32. Personnel Costs: Any personnel expenditures to be paid for 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. 33. 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 Grantee, or any other person or entity in connection with the Project. It is mutually agreed that Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete outcomes or deliverables. 34. Privacy Protection: Both parties agree to protect the confidentiality of any non- public, personal information that may be contained in materials received or produced in connection with this Agreement, as required by Civil Code, section 1798, et. seq. 35. Prohibited Use: The expenditure under this program shall not be used to supplant Grantee efforts in other grant programs provided by the State Library. 36. Public Records Act: Material maintained or used by the 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. Grantee 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. Grantee agrees to alert the State Library as to a basis for exemption, if any exists. DocuSign Envelope ID: D0419EBA-AE42-4CAB-AF7D-59E5A27A7845 City of Santa Ana Main Library 2021-2022 BF-1-21-053 Page 19 mentioned dates for payment, and the State Library agrees to reimburse the Library as soon thereafter as State fiscal procedures will permit. d. The final 10% of the grant award (if applicable) is payable only upon approval of all reports and receipt of claim form. Failure to provide timely reports is a serious breach of an award recipient's administrative duty under the award. e. Payment will be provided to cover the expenditures incurred by the Grantee for the project in the following manner: 1) $4,664,987 upon the receipt and approval, by the State Library, of the submission of all required documents as stated in the award letter; execution of the agreement, certification, and claim form by the Grantee organization. 2) The second payment in the amount of $3,731,989 after the submission and approval of the January 31, 2024 report and receipt, by the State Library, of a completed claim form unless: i. The grantee needs the funding prior to the January date in order for the project to progress. To obtain funding prior to January 31, 2024, the grantee must provide documentation to the grant monitor demonstrating effectively either (a) that the first award payment has been spent, or (b) why the second installment is needed in advance of the scheduled payment. ii. The grantee's January 31, 2024, financial report demonstrates that they have not spent any of their initial payment. The second payment will be held until the Grantee demonstrates effectively that their project is moving forward and additional funding is needed. 3) A final payment in the amount of $932,997 will be made upon submission and approval of the final interim grant report and financial claim form. 42. Self -Dealing and Arm's Length Transactions: All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm's- length transactions and not the result of, or motivated by, self -dealing on the part of the Grantee or any employee or agent of the Grantee. 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 grant monies are to be expended. DocuSign Envelope ID: D0419EBA-AE42-4CAB-AF7D-59E5A27A7845 City of Santa Ana Main Library 2021-2022 BF-1-21-053 Page 21 Library of a provision of this Agreement shall not prejudice or constitute a waiver of 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 the State Library and Grantee, shall constitute a waiver of any of State Library's rights or of any of Grantee's obligations as to any future transactions. Whenever the consent of State Library is required under this Agreement, the granting of such consent by 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 the State Library. 49. Work Products: Grantee shall provide the State Library with copies of all final products identified in the Work Plan and Application. Grantee shall also provide the State Library with copies of all public education and advertising material produced pursuant to this Agreement. 50. Worker's 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. The Grantee 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 Grantee agrees to comply with such provisions before commencing the performance of the work of this Agreement. DocuSign Envelope ID: D0419EBA-AE42-4CAB-AF7D-59E5A27A7845 City of Santa Ana Main Library 2021-2022 BF-1-21-053 Page 23 contract with contractors who are licensed and shall ensure that the Contractor and any successor thereto shall only contract with subcontractors, that are also so licensed. 6. Contractor Insurance/Bond: Grantees shall be responsible for ensuring that any contractors/subcontractors hired for grant -funded work have all relevant bonds and insurance in place in compliance with prevailing wage and other applicable state and federal laws, the Department of Industrial Relations, and the Department of Consumer Affairs Contractors State License Board requirements. Insurance: a. Casualty Insurance I. The Contractor shall procure and maintain insurance on all of its operations with companies acceptable to the State as follows: 1) The Contractor shall keep all insurance in full force and effect from the beginning of the work through contract acceptance. 2) The Contractor shall maintain completed operations coverage with a carrier acceptable to the State through the expiration of the patent deficiency in construction statute of repose set forth in Code of Civil Procedure Section 337.1. b. Workers' Compensation and Employer's Liability Insurance I. In accordance with Labor Code Section 1860, the Contractor shall secure the payment of worker's compensation in accordance with Labor Code Section 3700. ii. In accordance with Labor Code Section 1861, the Contractor shall submit to the Grantee the following certification before performing the work: 1) 1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. iii. Contract execution constitutes certification submittal. iv. The Contractor shall provide Employer's Liability Insurance in amounts not less than: 1) $1,000,000 for each accident for bodily injury by accident 2) $1,000,000 policy limit for bodily injury by disease 3) $1,000,000 for each employee for bodily injury by disease If there is an exposure of injury to the Contractor's employees under the U.S. Longshoremen's and Harbor Workers' Compensation Act, the Jones Act, or under laws, regulations, or statutes applicable to maritime employees, coverage shall be included for such injuries or claims. DocuSign Envelope ID: D0419EBA-AE42-4CAB-AF7D-59E5A27A7845 City of Santa Ana Main Library 2021-2022 BF-1-21-053 Page 25 Construction For Each Aggregate for General Umbrella or Contract Occurrence' Products/ Aggregate2 Excess Amount 4 Completed Liability3 Operation <_$1,000,000 $1,000,000 $2,000,000 $2,000,000 $5,000,000 >$1,000,000 5$15,000,000 $1,000,000 $2,000,000 $2,000;000 $10,000,000 >$15,000,000 <_$25,000,000 $2,000,000 $2,000,000 $4,000,000 $15,000,000 >$25,000,000 $2,000,000 $2,000,000 $4,000,000 $25,000,000 1. Combined single limit for bodily injury and property damage. 2. This limit shall apply separately to the Contractor's work under this contract. 3. The umbrella or excess policy shall contain a clause stating that it takes effect (drops down) in the event the primary limits are impaired or exhausted. "Construction Contract Amount" is the total amount of the construction contract all or a portion of which is funded with Building Forward Grant funds. Delay: Grantee shall promptly notify the State Library in writing of any event causing delay or interruption of the project beyond the scheduled implementation plan timeline. The notice shall specify the work delayed and the cause and period of each delay. 8. Documentation: Grantees shall provide to the State Library photographic documentation of the project site prior to the start of the project, during the project, and upon completion of the project. 9. Grantee's Responsibility: Grantee and its representatives shall: a. Faithfully and expeditiously perform or cause to be performed all project work as described in the application, timeline/activities, and budget submitted by the Grantee. b. Accept and agree to comply with all terms, provisions, conditions, and written commitments of this Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and statements made by Grantee in the application, documents, amendments, and communications filed in relation to the grant funds, c. Comply with all applicable California laws and regulations. d. Implement the project in accordance with applicable provisions of the law. e. Fulfill their obligations under the Agreement and be responsible for the performance and completion of the project. f. Follow all applicable local, state and/or federal laws pertaining to the expenditure of funds. DocuSlgn Envelope ID: D0419EBA-AE42-4CAB-AF7D-59E5A27A7845 City of Santa Ana Main Library 2021-2022 BF-1-21-053 Page 27 and ordinances. Grantee shall be prepared to provide copies of permits and approvals to the State Library should the State Library request copies. 15. Relationship of Parties: If applicable, Grantee is solely responsible for design, construction, and operation and maintenance of projects within the project application and implementation plan. Review or approval of plans, specifications, bid documents, or other construction documents by State is solely for the purpose of proper administration of funds by State and shall not be deemed to relieve or restrict responsibilities of Grantee under this Grant Agreement. 16. Use of Funds: Grantee agrees that the grant funds shall be expended only in accordance with the applicable statutes and Grant Guidelines governing the Program, and only for the purposes and activities set forth in this Agreement and the Grantee's approved outputs, budget, and implementation plan completed as part of the award packet documentation. The grant funds shall be used exclusively for the payment of, or reimbursement for, approved costs as shown in the project budget completed as part of the award packet documentation or the amended budget as approved in writing by the State Library. Such payment of costs to be made only after the costs have been incurred by the Grantee. "Approved Costs" shall mean all hard and soft eligible costs under the project (and modifications thereto), which were approved, or will be approved by the State Library, which are needed for the completion of the project, in accordance with application. 17. Use of site: The facility, or the part thereof, acquired, constructed, or remodeled, upgraded, or rehabilitated with funds received as part of the Building Forward grant program will be dedicated to public library service and used as a public library according to the Education Code, sections 18010 through 20092 and California Code of Regulations, Title 5, Division 2 and provide at least the following: an organized collection of printed or other library materials, or a combination thereof; paid staff; and regularly scheduled hours for being open to the public for a period of not less than 10 years following completion of the grant period. 18. Withdrawal of a Nroject: If it is determined by the grant recipient that a project cannot be completed within the scope of the approved application, the project may be withdrawn by the Grantee prior to the completion of fifty percent of the project. Upon withdrawal of a project, all unspent funding must be returned to the State Library along with a completed detailed expenditure form showing how any unreturned funds were spent. Docu5lgn Envelope ID: D0419EBA-AE42-4CAB-AF7D-59E5A27A7845 City of Santa Ana Main Library 2021-2022 BF-1-21-053 Page 29 4. The authorized representative, on behalf of the Grantee, hereby certifies that the project property, or a part thereof, will be dedicated to public library services and used as a public library according to the Education Code, sections 18010 through 20092 and California Code of Regulations, Title 5, Division 2 and provide at least the following: an organized collection of printed or other library materials, or a combination thereof; paid staff; and regularly scheduled hours for being open to the public for a period of not less than 10 years following completion of the grant period. 5. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with the non-discrimination program requirements. (Gov. Code § 12990 (a-f) and CCR, Title 2, Section 11102). 6. DRUG -FREE WORKPLACE REQUIREMENTS: Grantee will comply with the requirements of the Drug -Free Workplace Act of 1990 and will provide a drug -free workplace by taking the following actions: 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: 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug -free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that maybe imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will: 1) receive a copy of the company's drug -free workplace policy statement; and, 2) 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 Grantee may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Grantee has made false certification or violated the certification by failing to carry out the requirements as noted above. (Gov. Code § 8350 et. seq.) CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee 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): DocuSlgn Envelope ID; D0419EBA-AE42-4CAB-AF7D-59E5A27A7845 City of Santa Ana Main Library 2021-2022 BF-1-21-053 Page 31 12. DRUG FREE WORKPLACE: a. Continue to provide a drug -free workplace by complying with the requirements in 2 C.F.R. part 3186 (Requirements for Drug -Free Workplace (Financial Assistance)). In particular, the recipient must comply with drug- free workplace requirements in subpart B of 2 C.F.R. part 3186, which adopts the Government - wide implementation (2 C.F.R. part 182) of sections 5152-5158 of the Drug -Free Workplace Act of 1988 (P. L. 100-690, Title V, Subtitle D; 41 U.S.C. §§ 701-707). b. This includes but is not limited to: making a good faith effort, on a continuing basis, to maintain a drug -free workplace; publishing a drug -free workplace statement; establishing a drug -free awareness program for the employees; taking actions concerning employees who are convicted of violating drug statutes in the workplace. 13. ACCESSIBILITY: The organization receiving this award, as listed in the certification section below, and all project staff, will ensure all project materials will meet California accessibility standards. 14. NON-DISCRIMINATION: The organization receiving this award, as listed in the certification section below, and all project staff, agree to comply with all California non-discrimination laws. 15. ACKNOWLEDGEMENT: The organization receiving this award, as listed in the certification section below, and all project staff, agree to comply with California State Library acknowledgement requirements. DocuSign Envelope ID: D0419EBA-AE42-4CAB-AF7D-59E5A27A7845 A-2022-242 City of Santa Ana Main Library 2021-2022 BF-1-21-053 Page 33 Authorized Representative Signature ORGANIZATION Name: Brian Sternberg Address (official and complete): 26 Civic center Plaza, Santa Ana, CA 92701 AUTHROIZED REPRESENTATIVE Signature: 0ocuS"pn d°y Date: 12/21/2022 [I%alk S&YW rj O4A5AOY1A B8 "— Printed Name or rerson signing: Title: Library services Director Brian Sternberg STATE OF CALIFORNIA Agency Name: California State Library Address: 900 N Street, Sacramento, CA 95814 Signature O uSiy dbr. Date: 1/4/2023 �uas Printed Name or'rerson Signing: Title: California State Librarian Greg Lucas ATTEST: IQorma Orozco Acting Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: randon Salvatierra Deputy City Attorney DocuSign Envelope ID: D0419EBA-AE42-4CAB-AF7D-59E5A27A7845 City of Santa Ana Main Library 2021-2022 BF-1-21-053 Page 35 AIRLINE TICKETS: Actual reasonable fees pertaining to airline travel will be Itinerary and receipts are reimbursed. Business, First Class, or Early Bird Check -in fee required is not an approved reimbursable expense. DocuSign Envelope ID: D0419EBA-AE42-4CAB-AF7D-59E5A27A7845 Building Forward Round 1 Grant Monitor Checklist Final Project Budget • Final Project Implementation Plan • Resolution from the grantee organization's governing body approving acceptance of grant funds and designating an Authorized Representative allowed to enter into agreements on behalf of the organization • Grant Agreement and Certification of Compliance If required based on specific project • A letter from the grantee organization's Chief Financial Officer, Finance Director, or equivalent confirming availability of matching funds (Required for all grantees contributing local match funds.) • A current facility lease with a term extending at least ten years after the end of the grant period. (Required for all projects involving leased buildings.) All relevant documents received and approved by Libby Carlson. o... 81,ma *�, / sow 688E10oe947641C— Grant Monitor Signature DocuSign Envelope ID: D0419EBA-AE42-4CAB-AF7D-59E5A27A7845 state or uaiffornia Financial Information System for California (FI$Cal) rI$CQ/ GOVERNMENT AGENCY TAXPAYER ID FORM Finmxicl In(armouon System (or California 2000 Evergreen Street, Suite 215 Sacramento, CA 95815 www.fiscal.ca.gov 1-855-347-2250 The principal purpose of the information provided is to establish the unique identification of the government entity. Instructions: You may submit one form for the principal government agency and all subsidiaries sharing the same TIN. Subsidiaries with a different TIN must submit a separate form. Fields bordered in red are required. Hover over fields to view help information. Please print the form to sign prior to submittal. You may email the form to: vendors@fiscal.ca.gov, or fax it to (916) 576-5200, or mail it to the address above. Principal isanta Ana Government Agency Name Remit -To 120 Civic Center Plaza Address (Street or PO Box) City Santa Ana State F57-] Zip Code+4 92701 Government Type: ❑x City ❑ County Federal 956000-785 Special District Federal Employer ❑ ❑ Identification ❑ Other (Specify) Number (FEIN) List other subsidiary Departments, Divisions or Units under your principal agency's jurisdiction who share the same FEIN and receives payment from the State of California. Dept/Division/Unit Santa Ana Public Library Complete 26 Civic Center Plaza, Santa Ana, (4 92701 Name I Address Dept/Division/Unit Complete Name Address Dept/Division/Unit Complete Name Address Dept/Division/Unit Complete Name Address Contact Person IMaria Castro Title I senior Management Analyst Phone number 714-647-5269 E-mail address mcastro5@santa-ana.org Signature '�� rrEvian. Date 1/9/2023 Sh.nJ�u^g l ----Y-