HomeMy WebLinkAboutC2006-240 - 6/13/2006 - Approved
TEXAS STATE LIBRARY & ARCHIVES COMMISSION
GATES PUBLIC ACCESS COMPUTER HARDWARE UPGRADE GRANT
"PAC HUG"
Grant Type B -Multiple Priority A ward
Grant Number: 434-07064
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JUN 1 9 2006
ACCOUNTING
I. CONTRACTING PARTIES
(Jrantor: Texas State LIbrary and Archi\cs Commission (TSLAC)
Grantee: City of Corpus Christi. Corpus Christi Public Llbranes
805 COMANCHE S'[
CORPCS CHRISTI. IX /S401
II. rERM OF GRANT
lhe grant program 01ltlllled1l1 this cuntr;lCt h effective hum the date the contract is fully executed until December 31,
2008.
Ihls contract IS effective from [he date this contract is fully executed until all final reports have been submitted or
Janoory 31, 2009. whichever is later.
III. STATEMENT OF SERVICES TO BE PERFORMED
Ihe Bill and Melinda Gates Foundation (the Fuundation) is providing grant funds to eligible libraries in Texas. These
'lInds have been madc a\ailable Lrom the Foundallon under the Public Access Computer Hardware Upgrade Grant (PAC
! lLG) program. which is beIng .ldministet'ed In Texas by the Texas State Library and Archives Commission (TSLAC).
Ih; Grantee acknowledges that lhe purpose uf Lhe PAC HUG program is to provide grant funds to libraries that were
C!lanted NT-based public access ...:omputers (NT PACs) by the Foundation between 1997 and 2000. PAC HUG is to help
'ilgible libraries upgrade or repiace existing systems so that the systems wIiI be easier to support and upgrade in the
r uture.
Eligible libraries have been deSIgnated to receive grant funding for one or more upgraded computer system(s); in an
d11l0unt not to exceed. $1,250.00 of grant funds per approved computer system. The designated libraries must use all
:,.:rant funds tp purchase eligible computer components. software, services, and/or complete new computer systems to
,l'l've as upgrade/replacements j, II' eXisting PAC\ originally offered by the Foundation.
h Igible librancs have becn dcslcCnated to rCCl'1\ e grant funds In one or more of the following categories.
Priority 1 Awards - Llbranes still utilizing NT PACs. These libraries have until December 31,2006 to replace
eligible NT PAC c\)fnputer, Libraries MUST submit a sccond online inventory using TechAtlas to verify the
replacement
Priority 2 Awards - Libraril:s that have already replaced eligible NT PACs, Priority 2 libraries have until December
31. 2008 to spend funds on new/replacement computers and/or equipment. Priority 2 libraries DO NOT have to
~ubmit ;1 sl'cond TechAtlas illventory,
Priority 3 Awards - Llbrallcs which were elIgible lor the first Gates Foundation grant five years ago, but that
dected nOI to p<u1icipate Pllonty 3 librarIes have until December 3 L 2008 to spend funds on new/replacement
,,'omputers and/ur equipment Priority' libranes DO NOT have to submit a TechAtlas inventory.
Priority 4 Awards, Libraril'; that are deSignated as computer labs. Priority 4 libraries have until December 31,2008
LO ~peJld tUllds 011 f1cw/repbcement l mnputer's and/or equipment. Priority 4 libraries DO NOT have to submit a
TechAtlas illvcntmy
2006-240
06/13/06
Res026824
Tx State Library and ,'\n'hives
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Contract B - Multiple Priority Award
IV. (;RANT AMOUNTS AND DISBURSEMENT REQUIREMENTS
Pcr grant guidelines. the Grantee IS eligible for funds to replace or upgrade 43 PACs. Grantee will receive
'" 1.250,00 of grant funds per eligible NT PAC. with the total amount of this grant not to exceed $53,750.00,
Suurce of funds: TSLAC Gates Foundation PAC HUG Grant, State FY 2006
Payment for this grant will bl' funded in full upon delivery to Grantor of a legally executed contract. Grantee
-,hould receivc payment within 20 working days after the Grantor has received the executed contract.
( ;rantee is entItled to keep all interest earned on these grant funds, and must expend the interest earned on eligible items
Il1ly. Grantee may use these funds to supplement the $1,250.00 per computer allocation. Grantee must report all interest
,~arned as Program Income in Box 9 on the required Financial Status Report (FSR) form, according to the schedule
'lutlined in Section VI of this contract
Per the PAC HUG guidelines outlined by the Foundation. funds are authorized only in the following budget category:
EquipmentJPropertv Priority 1
EquipmentJProperty Prioril Y 2
EquiDmentJProperty Priority 3
EClUiDment/Property Priority 4
Total Awarded
$12.500.00
$12,500.00
$0.00
$28,750.00
$53,750,00
Grantee must expend all the grant funds, and must purchase ONLY eligible items outlined in Section V of this contract.
Grantees receiving Priority 1 Awards must expend those grant funds to replace and/or upgrade the eligible NT PACs
nllt later than December 31, 2006. Grantees receIving all other Priority Awards must spend grant funds to replace PACs
nn later than December 31, 2008. All equipment must be placed in service not later than 30 days after the
expenditure deadline.
V. EQUIPMENT AND PROPERTY REQUIREMENTS
. \ Eligible expenditures are defined by the Foundation as complete public access computer (PACs) systems, to
include CPUs, monitors, keyboards. and 111lCe. Individual components for upgrades of the PACs are also eligible,
and ll1clude hard drives, additional memory, and video, networking or other cards. Additional items that are
eligible include any software for the new PACs or upgraded NT PACs; support services, such as extended
warranty/technical support and replacement services purchased from the original equipment manufacturer or other
support vendors; and installation and configuration or customization of security systems for the new PACs or
upgraded NT PACs to en"ure long-term sustainability (e.g., the purchase, installation, or configuration of PAC
software or hardware security solutions). NOTE: Funds cannot be used to replace or upgrade staff computers,
infrastructure and networking, or peripheral equipment (i.e., furnishings, renovations, network cabling,
electrical wiring, switches, fin.'walls, projection devices, networking equipment, or printers).
The (,ranlee wIll ~'umply .\ nh the State lJ! Texas Umturm Grant Management Standards (UGMS) Part III, Subpart
C. Sec .'-2 (d)(3) whIch cquires lert~lln items of equipment to be m~lintained on inventory if the item's cost is
aboh' $'i00.00.
Grantee must furnish a statement to Grantor certifying the governing entity's capitalization level with the executed
contract Grantee agrees [0 maintam records in accordance with UGMS and governing entity's policies on all
equipment/property WIth an acquisition cost above governing entity's capitalization level.
i) Subject to the nbligatlons and conditions set forth In the UGMS Part 1lI, Subpart C, Sec. 32, title to equipment
acquired under the grant will vest In the Grantee upon acquisition. Grantee must include any equipment/property
acqUIred with grant funds In any required property inventory, and must follow the UGMS Part 1lI, Subpart C, Sec.
.12 (eI) that reqUIres the Grantee to reconcile equipment/property records with a physical inventory of the
equipml'nt/property even two years. rile Inventory does not need to be submitted to Grantor. but must be
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Contract B - Multiple Priority Award
maintained by the Grantee and will be subject to review by Grantor. When property is vested in the Grantee,
Grantee will dispose of eqUIpment/properly In accordance with the UGMS Parl III, Subpart C, Sec. 32 (e).
VI. REPORTING REQUIREMENTS
If Grantee receIves Priority 1 A ward funds. the Grantee agrees to comply with all of the following reporting
requirements
The Grantee agrees to complete an online TechAtlas inventory within 30 days of placing the eligible items in
service, but no later than January 31, 2007. This inventory will confirm the replacement of eligible NT
PAC computers with upgraded equIpment and/or systems.
2. The Grantee agrees to submit a TSLAC Financial Status Reporl (FSR) form within 30 days after all monies
have been expended and all equipment has been placed in service, but not later than January 31, 2007.
Grantee must submit a final FSR. and should mark this FSR as "Final". Grantee should not submit any
subsequent FSR forms, unless re\isions to the Final FSR are necessary.
.3 The Grantee agrees to submit the PAC HUG Equipment/Property Acquired Report with the Final Financial
Status Reporl (FSR, within 30 days after all monies have been expended and all equipment has been placed
in service, but not later than January 31, 2007. The report must show all eligible items purchased for the
grant project. includmg expenditures of TSLAC funds, Program Income (interest earned on TSLAC funds),
and Local funds added to the project. if any. The final Total Expenditure Amount must equal the total of the
amounts reporled in the Final FSR, line 7a plus Box 9.
4 The Grantee will provide Grantor WIth one set of all public relations materials produced under this grant
With the Final FSR.
B If Grantee receives Priority 2, Priority 3, and/or Priority 4 A ward funds. the Grantee agrees to comply with all
of the followmg reporting requirements
The Grantee agree:- to submit the TSLAC FSR form for each Priority Award grant funded under this
wIltract no later than the due dates listed in the following schedule, until all grant funds have been
expended. Grantee "houJd submIt a Final FSR. for each Priority Award, once all grant funds have been
expended and all program requirements are accomplished. but no later than January 31, 2009. Grantee
should not submit any subsequent FSR forms, unless revisions to the Final FSR are necessary. NOTE:
Grantee must submIt a separate FSR for each Prionty awarded.
Reporting Penod
May 1. 2006 to August 31, 2007
September 1, 2007 to August 31. 2008
September L 2008 to December 3 L 2008
Due Date
September 30, 2007
September 30, 2008
January 31, 2009
'J
The Grantee agrees to submit the PAC HUG Equipment/Properly Acquired Report with each FSR for each
Priority A ward funded under this contract no later than the due dates listed in the following schedule, until
all grant funds have been expended. If no expenditures are reported on anyone FSR, Grantee is not required
to submit the PAC HUG Equipment/Properly Acquired form with that FSR. Submitted reports must show all
eligible items purchased for the grant project. including expenditures of TSLAC funds, Program Income
(Interest earned on TSLAC funds), and Local funds added to the project, if any. Reports must be cumulative,
I1stmg all items purchased sInce the beginning of the grant period. The Total Expenditure Amount in the
Fmal Equipment/Pruperty Acquired Report must equal the total of the amounts reported in the Final FSR,
lllle 7a plus Box 9.
Reportmg Penod
May 1. 2006 to August 31. 2007
September 1,2007 to August 31. 2008
September 1, 2008 to December 31, 2008
Due Date
September 30, 2007
September 30, 2008
January 31, 2009
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Contract B - Multiple Priority A ward
3 The Grantee will provide Grantor wIth one set of all public relations materials produced under this grant
wIth the Final FSR.
VII. GENERAL TERMS AND CONDITIONS
i\ The Grantee will comply wIth the PAC HUG Program GUIdelines for SFY 2006 as outlined in this contract.
B The Grantee will comply WIlh the following parts of UGMS adopted June 2004, located at:
htt1J:/lw'vvw. .!?ove mor. state. tx. us/divis ionsl state.!? ran ts/.!?u ide lines/files/V G M 5062004. doc.
Part I Cost PrincIples for State and Local Governments and Other Affected Entities (Adapted from OMB Circular
A-87)
Part 11. State Uniform Administrative Requirements for Grants and Cooperative Agreements (Adapted from OMB
Circulars A-102 and A-In)
Part III. State of Texas Single Audit Circular (Adapted from OMB Circular A-B3)
All publiCIty relating to the grant award must include acknowledgement, whenever possible and practical, of the
Jill and Melinda Gates Foundation as the source of program funds, and the TSLAC as the program administrator.
Publicity mcludes, but is not limited to. press releases, media events. public events, displays in the benefiting
library. announcements on the Grantee's website, and materials distributed through the grant project. The Grantee
will provIde Grantor with one set of all public relations materials produced under this grant with the Final FSR.
I) Grantee understands that acceptance of funds under this contract acts as acceptance of the authority of the State
Auditor's Office. or any successor agency. to conduct an audit or investigation in connection with those funds.
Grantee lurther agrees to ciloperate lully WIth the State Auditor's Office or its successor in the conduct of the audit
or investIgation Includinr providing access to any information the state auditor considers relevant to the
investigariun or audIt. Gralllee wIll ensure that this clause concerning the authority to audit funds received indirectly
by Sub-grantees through Grantee. anu the requirement to cooperate, is included in any sub-grant awarded.
\- The Grantee agrees to maIntain all financial and programmatic records. supporting documents, statistical records,
and other records relating to this grant award according to Part III. Subpart C, and Sec. 42 of the UGMS. In general,
Grantees must mamtain records for a mimmum of three years from the date the Grantee submits the final FSR
and/or Equipment/Property Acquired form to Grantor
VIII. ENFORCEMENT
\ Remedie~ for noncomol1ance. If a Grantee or Sub-grantee materially fails to comply with any term of an award,
whether stated in a state statute or regulatIon. an assurance. in a state plan or application, a notice of award. or
elsewhere. Grantor may take one or more of the following actions. or impose other sanctions, as appropriate in the
circumstances:
1. Temporarily WIthhold cash payments pending correction of the deficiency by the Grantee or Sub-grantee, or
more severe enforcement action by Grantor;
2. Disallow (that is. deny both use of funds and matching credit for) all or part of the cost of the activity or
action not In complIance;
3. \Vholly or partly sLlspend or terminate the cUlTent award for the Grantee's or Sub-grantee's program;
4. Withhold further a wards for the program or other program admil1lstered by TSLAC; or
5. rake other remedic;, that may be legally avaIlable
Heanne.s. apoeais. In taking an enforcement action. Grantor will provide the Grantee or Sub-grantee an opportunity
for such hearing, appeal. or other administrative proceeding to which the Grantee or Sub-grantee is entitled under
any statute or regulation applicable to the action involved.
I . Effects of suspensIOn and termination. Costs of Grantee or Sub-grantee resulting from obligations incurred by the
Grantee or Sub-grantee during a suspension or after termination of an award are not allowable unless Grantor
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Contract B - Multiple Priority Award
expressly authorizes them in the notice of suspension or termination, or subsequently. Other Grantee or Sub-grantee
costs during suspension or <liter termination which are necessary, and not reasonably avoidable, are allowable if:
!. The costs resultmg trom obligations which were properly incurred by the Grantee or Sub-grantee before the
etlecl1ve date of suspension or termination are not in anticipation of it and, in the case of a termination. are
non-cancelable: and.
2. The costs would be allowable If the award were not suspended, or expired normally at the end of the
funding penod in which the terminatIOn takes effect.
RelationshIP to Debarment and Suspension. The enforcement remedies identified in this section, including
suspension and termination. do not preclude Grantee or Sub-grantee from being subject to "Debarment and
Suspensiun" under Executi\c Order ]2549 (see UGMS Pat1 III. Subpart C, Sec. 35) and state law.
IX CONTACTS AT TSLAC
t.)uestlOns or concerns about grant or budget issues should be directed to this grant's Project Manager:
Manlyn Johnson
Phone: 512-463-6627
Fax: 512-463-8800
E-mail: miohnson@tsl.state.tx.us
QuestIOns or concerns about rei!:ulatorv or financial issues should be directed to:
Manager, Accounting and Grants Department
Phone: 512-463-6626
Fax: 512-475-0185
E-mail: mmartin@tsl.state.tx.us
Documentation relating to Financial Status Report and Equipment/Property Acquired Report forms should be directed
to:
Grants Accountant
Phone: 512-463-5472
Fax: 512-475-0185
E-mail: grants.accounting@tsl.state.tx.us
X. APPLICABLE AND GOVERNING LAW
\ The laws of the State of Texas shall govern this grant. All duties of either party shall be legally performable in
Texas. The applicable law for any legal disputes arising out of this contract shall be the law of (and all actions
hereunder shall be brought I n) the State of Texas, and the forum and venue for such disputes shall be Travis County,
District Court.
H This grant is subject to avaIlability of funds
XI. GRANT CERTIFICATIONS
\ Grantor certifies that: (1) the servIces specified in the PAC HUG Program Guidelines and this contract are
necessary and essential for acti vities that are properly within the statutory functions and programs of the affected
organizations: (2) the services. supplies or materials contracted for are not required by Section 21 of Article 16 of
the ConstitutIon of Texas to be supplied under contract given to the lowest bidder; and, (3) the grant is in
complIance with Texas Government Code *441.006. Texas Administrative Code Title XIII, SS1.91 - 1.97, and
UGMS.
B The Grantee affirms that it has not given. offered to give, nor intends to give at any time hereafter, any economic
opportunity, future employment. gift. loan. gratuity, special discount, trip, favor or service to a public servant in
connection with thiS contract. The Grantee further affirms that its employees or agents shall neither solicit nor
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Contract B - Multiple Priority Award
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accept gratuities, favurs or .lnything of monetary value from contractors, potential contractors, or parties to any sub-
agreemen[~,
The Grantee certifies all applicable activities related to this grant will be in compliance with the Copyright Law of
the Umted States (Title 17. U.S. Code).
D, In addition to federal requirements, state law requires a number of assurances from applicants for pass-through or
other state-appropnated funds. (UGMS Pmi III, Subpart B, Sec. 14 - State Assurances)
1. Sub-grantee must comply with Texas Government Code. Chapter 573, Vernon's 1994, by ensuring that no
()fficer, employee. or member of the applicant's governing body or of the applicant's contractor shall vote or
c\mtirm the employment of any person related within the second degree of affinity or the third degree of
umsanguimty to any member of the guverning body or to any other officer or employee authorized to employ
m supervise such pers()n. This prohibitIon shall not prohibit the employment of a person who shall have been
cuntinuously employed for a period ()f two years, or such other period stipulated by local law, prior to the
election or appointment of the offIcer. employee, or governing body member related to such person in the
prohibited degree.
2. Sub-grantee must insure that all information collected, assembled or maintained by the applicant relative to a
project will be available to the publIc during norma] business hours in compliance with Texas Government
Code Chapter 552. VCl11on's 1994, unless otherwise expressly prohibited by law.
3, Sub-grantee mLlSt (omp]y With Texas Government Code. Chapter 551, Vernon's 1994, which requires all
regular. special or c,dled meellng oj governmental bodies to be open to the public, except as otherwise
proVIded by law or specifically permitted in the Texas Constitution.
4. Sub-grantee must comply with the Texas Family Code, Section 261.10 1 that requires reporting of all suspected
cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and
Regulatory Services. Sub-grantees shall also ensure that all program personnel are properly trained and aware
of this requirement.
5. Sub-grantees will comply WIth all federal statutes relating to nondiscrimination. These include but are not
I1mlled to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the
haslS of race. color 0: national origin: (b) Title IX of the Education Amendments of 1972, as amended (20
t'Se S~ 1681-1683, ,md 1685-1686). which prohibits discrimination on the basis of sex; (c) Section 504 of
the Rehabilitation ACT of 1973, as amended (29 USe. ~ 794), which prohibits discrimination on the basis of
handicaps and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as
amended (42 USe. ~~ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse
Office and Treatment Act of ]972 (P.L. 92-255). as amended, relating to nondiscrimination on the basis of
drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
>\ct of 1970 (P.L. 91-616), as amended, relating tu the nondiscrimination on the basis of alcohol abuse or
~t1coholism: (gl ~* 52" and 527 of the Public Health Service Act of 1912 (42 USe. 290 dd-3 and 290 ee-3), as
"mended. relating to ,:onfldentiality of alcohol and drug abuse patient records; (h) Tit]e VIII of the Civil
RIgtltS /\Cl oj 1968 (~2 US, ~ 3601 <.:t seq.). as amended. relating to nondiscrimination in the sale, rental or
:ndllcing <.)1' hOLlsll1g (il any o\hel nondiscnmination provisions in the specific statute(s) under which
,lppllcatlon for fedeLd assistance IS [Jell1g made: and (j) the requirements of any other nondiscrimination
~tatLlte(s I which may apply to the applIcation.
6. Sub-grantees will comply, as applicable, with the proVlsions of the Davis-Bacon Act (40 USe. SS 276a to 276a-
7). the Copeland Act (40 USe. * S 276c and 18 USe. SS 874), and the Contract Work Hours and Safety
Standards Act ( 40 USe. ~ *127 -331 l. regarding labor standards for federally assisted construction sub-
agreements.
7 Sub-grantees wIll comply with the mlllimum wage and maxImum hours provisions of the Federal Fair Labor
Standards Act and the [ntergovernmental Personnel Act of 1970, as applicable.
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Contract B - Multiple Priority A ward
8. Sub-grantees will assisl the awarding agency in assuring compliance with Section 106 of the National Historic
Preservation Act of 1966. as amended (16 USe. 470). EO 11593 (identification and protection of historic
properties), and the Archaeological and Historic Preservation Act of 1974 (16 USe. 469a-1 et seq.).
9. Sub-grantees will comply with Public Law 103-277. also known as the Pro-Children Act of 1994 (Act), which
prohibits smoking within any portion of any indoor facility used for the provision of services for children as
defined by the Act
10 Sub-grantees will comply wIth all federal tax laws and are solely responsible for filing all required state and
federal tax forms.
11 Sub-grantees will comply with all applicable requirements of all other federal and state laws, executive orders,
regulations and policie~ governing this program.
12 Sub-grantees must adopt and Implement applicable provisions of the model HIV/AIDS work place guidelines of
the Texas Depm1ment uf Health as reqUIred by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq.
SIGNATURES
GRANTOR
GRANTEE
Texas State L)p~'~J J~e.s Commission
Edv,ard Seidenberg, Assistant State Li arian
City of Corpus Christi, Corpus Christi Public Libraries
(J ~' J I ~-o_~___
Sign ur
co racts)
\~i_e 0 (,,, t( _ rJ C-f
Typewritten br Printed Name
CI-h_ /l\;':hrJ~J'
I f
Dalt'
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Donna Osborne, Chief Fiscal Officer
Mav 25.2006
D~lte
Date
A111!ST'
~
ARMANDO CHAPA
ClTY SECRETARY
Deborah Littrell, Library Development Director
Mav 25, 2006 ______
Date
/
~.to Ltgal tolm:
~Nwu~Lc6rl
Veronica Ocanas
Assistant City Attorney
For City Attornev
IYbnlyn Johnson. Contract Manager
M~t.' ::5.2006 ____________
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Contract B - Multiple Priority Award