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Home My WebLink AboutC2006-473 - 10/10/2006 - Approved TEXAS STATE LIBRARY & ARCHIVES COMMISSION LOAN STAR LIBRARIES GRANT Grant Type C - Under $20,000 Grant Number: 442-07109 J, CONTRACTING PARTIES ( iranhH" Grantee Texas State Library and ".rchives (ommission (TSLAC) Clt) of Corpus Christi, ( orpus Chrsti Public Libraries 805 Comanche ST Corpus Christl. exas 7~401 f'""'I, II. TERM OF GRANT JCT September 1. 2006, to AUgllSl 3 j. 2(H)7 '\ , il'IT "-) ., ,. ~ III. STATEMENT OF SERVICES TO BE PERJ;'ORMlm lile Grantee acknowledges that the J:ltent of the grant IS to provide funds to maintain, improve, and enhance local library services, and t<> provide Texans who are not residents of a ptrticular community access to and services from the many participating public libraries '1' Ie\,,'- he (,rantee wl! I comply during the peflod of this contract and provide services as outlined within the Plan of Action submitted by 'he Grantee (Loan Star Libraries Grant for Stall: FYOT) as approved by the Grantor. The approved Plan of Action becomes part of this xntract hy this 'eference IV. GRANT AMOUNTS AND DISBURSEMEN r REQUIREMENTS '\ "J he total amount of the grant shall not exceed: $15,656.00 B Source 01 funds: General Revenue, State Fiscal Year 2007 Payment for this grant will be funded In fuil upon delivery to Grantor a legally executed contract. Grantee should receive payment wJthm 20 working days after the Grantor has received the executed contract, provided all requirements for preceding contracts have been fulfilled. The Grantee may not obligate or encumber grant funds after August 31, 2007. All obligations and encumbrances must be liqUIdated or paid no later than October 15,2007. t All unexpended funds In exces~ of $25.00 must also be returned to Grantor with the Final Financial Status Report (FSR). See Section VII B. of this contract j or FSR due dates Interest earned in exces, of $1O{I must be r.~tumed to Grantor, per requirements in the State of Texas Uniform Grant Management S'andards ( iGMS). u The Grantee will add any program income to the funds committed to the grant, using such program income for the purposes and under the c.mditiom of the gran! The SaUTe and amount of the program income must be explained in Section 9 of the TSLAC F'-;R. H Per the apPlOved grant dpplicati"n, funds a,'e authOrIzed according to the following budget: Pcrs..mncl Fnnge Benetit Eq Ul pmentJProperty Supplies C untractual Other Total Direct Costs Indirect Costs T)ta $15,656.00 $15,656.00 $15,656.00 v. WRITTEN REQUEST FOR FISCAL ANn PROGRAMMA TIC CHANGES The Grantee must request written pllor approval for fiscal and/or programmatic changes as outlined in this Section. Grantee must submit request for program and/or fiscal changes on the Loan Star Libraries Grant Program Revision Form. Under no condition may a Grantee request 10 exceed the total grant amount. Grantor must receive all change requests no later than July 31, 2007. Requests releivedrfter thiS date will be conSIdered on a case-by-case basis. Grantee must receive written aooroval from Grantor before obligating or expending grant funds under any of the following conditions. 2006-473 ed Budget ReVIsion under the following conditions: 10/10/06 Res027010 Contra: C-( 'n.!, r $2(),()()() I oj 6 TSLA( Making cumulatIve transfers among budget cost categories or projects which are expected to exceed ten (10) percent of the total grant; and!01. Tran~ferring any timds ini\! a budget COSl category that currently equals zero ($0). b Programmatic changes 10 LOaT Star Libnrie' Grant Plan of ActIon for State FY07 must have an approved Program Revision 'nder the following conditions Obtammg the serVIces of J third part y to perform actiVities that are central to the purposes of the grant; and/or, Changing the scope or obrectives of the approved program, regardless of whether there is an associated Budget Revision. A change in scope !, a substmtive difference in the approach or method used to reach program objectives. VI. EQUIPMENT AND PROPERTY REQUlRf:MENTS t\ All changes to items listed in the Equipment/Property category specified in Section IV. 1. of this contract require written prior approvaL This category includes equipment, furniture, library materials, etc., purchased wholly or in part with grant funds. The approved budget amount listed ITI Section IV.I in addition, any subsequently approved Budget and/or Program Revisions, will be the total approved equipment expenditure amount. This is defined as the cost of the equipment and/or property, including any (OSI necessary to put the item mto service such as the cost of any modifications, attachments, accessories, or auxiliary apparatus necessar:> to make the ltem usanle for the purpose for which It is acquired. Ancillary charges, such as taxes, duty, protective in- transit Insurance. freIght. andnstallation may be included in, or excluded from the expenditure cost in accordance with the ('Jantee', regular accounting pr.lctices anC Generally Accepted Accounting Practices (GAAP). h he Grantee will compiy With LGMS Part III. Subpart C. Sec. 32 (d)(3) that reqUIres certain items of equipment to be maintained U\ inventorv if the item's cost I. above $5'10. he Grantee agrees to submit . he TSLA(' EqUipment/Property Acquired Form with the Final FSR, no later than October 31, 2007. for ill eqUipment/property purchased With grant funds during the FY06 grant year. This list must balance with the equlpment:property purchased under the approved grant application and all subsequently approved Budget and/or Program Fc'. !sion~ U (:rantee must furnish .:i statement to Grantor cCliifying the governing entity's capitalization level with the approved grant application or the first RFF sUiJmitted. Grantee agrees to maintain records on all equipment/property with an acquisition cost above governing entity'~ capitalization le\ el. Sublect to the obligations and (onditlOns,et forth 111 the UGMS Part III, Subpart C, Sec. 32, title to equipment acquired under a grant wrll,est in the (Jrantee l.pon acquisition. Grantee must include any equipment/property acquired with grant funds in the required biannual propt'rty iD\t'ntory, and follow the UGMS Part III, Subpart C, Sec. 32 (d) that requires the Grantee to reconcile the eqUIpment/property record~ with a physical lllventory of the equipment/property every two years. This bi-annual inventory (loe, not need to be submItted u Grantor. but must be maintained by the grantee and will be subject to review by Grantor. When plOperty !~ vested in the Grantee, Grantee wili dispose of equipment/property in accordance with the UGMS Part III, Subpart C, "ec 32 (e) When the Grantee ',as been g \en federally- or state-owned equipment/property, Grantee will follow the UGMS Part i [ ';ubpart C, See 32 n VII. REPORTING REQUIREMENTS Tne State LegISlature has ,;harged Grantor \\ Ith 5ubmitting performance measurement reports that specify the level of services provided by Its programs and services. In accepting the grant funds, the Grantee acknowledges responsibility for performing certain services on hehalf of Gramor, as "utlined in the approved Plan of Action. Therefore, the Grantee is responsible for submitting periodic reports that reflect the Grantee's leve! of performance on these services to Grantor. To comply with these requirements, the (.rantee agrees to submit reports that are l1mely, accurate, auditable, and consistent with definitions. 'I he Grantee agrees to submit 'he Loan ~tar Libraries Performance Report to Grantor no later than the due dates listed in the t,diowing schedule. If library materials ordered With grant funds are received by Grantee after the end of the grant year, a revised f na i Loan Star Libraries Perfonnance Report may be required covering receipt of those materials. This revised final performance [,'purt Will ">e due no later than \iovember 15,2007. RePOrtmg Period Due Date September 1,2006 - February 28.2007 March 7, 2007 March 1 2007 - August 31. 2007 September 7,2007 Ii lht Grantee agrees to submit the TSLAC FSR form for the grant funded under this contract no later than the due dates listed in the following schedule. so long as all grant funds have not been expended. Grantee should submit a Final FSR once all grant funds have been expended and all program requirements are accomplished. Grantee should mark the last required FSR as "Final" and not submit any subsequent FSR forms Reporting Period Due Date September 1, 2006 - February 28, 2007 March 30, 2007 March 1. 2007 - August 31, 2007 September 30, 2007 11 necessary, a revised Final FSR must be-ubmrtted no later than OctQber 31, 2007. 'Y(F ,'it' o(Crru.l' C!p,/s Loan Stal j; cranes (, 'ant. ((if/{ru; C (/II(/er $20,000 } 0('. rhe Grantee will send the Grantor a copy of all management letters issued by an auditor with the reporting package, UGMS Part IV Subpart C Sec. 3:0 (b), witiJII130 days of the audit. The audit's Schedule of Expenditures of Federal and State 'wards must list the amountlfTSLAC ]ward~ expended for each award year separately. VIII. (;ENERAL fERMS AND CONDITIONS ihe Cirantee will comply witI' the Loan Stm LIbrary Grant Program Guidelines for SFY 2007. B rhe ()rantee will comply wnh the Loan Star Libraries Administrative Rules for State Fiscal Year 2006, Texas Administrative ( 'ode. Chapter 2.160 2.16:' Loan Star Libranes Administrative Rule 2.165(c) states, "If a library has certified that it provides service to non-reSIdents without charge or It has elected to participate in the TexShare card program, the library must maintain "lese services for the durati{ln of the C'Jntract that it received." This means the library shall provide the same library services wd may impose the same 'estnctiom on non-resident customers as it does for those customers who live locally. Texas Government Code, Section ~41 138(c . states. "State aid to a free tax-supported public library is a supplement to and not a '~placement of local SUppOrl I he Grantee will comply with the followmg parts of the Governor's Office ofSudget and Planning, UGMS revised June 2004, . )cated at: httv .//Wvt'w.~ovemor.state. tx. us/d/'visions/state~rants/~uidelines/files/UGMS062004.doc. Part I Cost Pnnclples for 'itate and local Governments and Other Affected Entities (Adapted from OMS Circular A-87) Part] I State Urnform Admmistrative ReqUIrements for Grants and Cooperative Agreements (Adapted from OMB Circulars A-I02 and .\-122) Part IlL State of Texas Single Audit Circular (Adapted from OMB Circular A-133) ) \11 publicity relatmg to the grant award must include acknowledgement of the Texas State Library and Archives Commission \.henever possible and practIcal. PubliCity includes, but is not lImited to press releases, media events, public events, displays in the benefiting Iibrar), announcements on the Grantee's website, and materials distributed through the grant project. The (irantee will provide Grantor with one ~et of all public relations materials produced under this grant with the Final FSR. (,rantee understands that au:eptance of funds under thIS contract acts as acceptance of the authority of the State Auditor's ( )ffice. "I any successor agellcy, 10 conduct an audit or in vestigation in connection with those funds. Grantee further agrees to 'JOperak fully with d1e Stalt Auditor's Office c)r its successor m the conduct of the audit or investigation, including providing c,,:cess t(, any mformation the state auditor con~iders relevant to the investigation or audit. Grantee will ensure that this clause ,'mCernIilg the authonty to audit funds 'ecelved indirectly by Sub-grantees through Grantee, and the requirement to cooperate, h included in any suh-grant ~,warded. 'he Grantee agrees iu mainldin ail fincU1cial and programmatIc records, supporting documents, statistical records, and other I ecords relating to thls grant award accord1l1g to Part III. Subpart C, Sec. 42 of UGMS. In general, Grantees must maintain It'cords for a minimum of three years 110m latter of the date the Grantee submits to Grantor the Final FSR or the last single d'ldit or lUdit report ll)r the grant periOd IX, ENFORCEMENT Remedies for noncompliance 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, m a state plan or application, a notice of award, or elsewhere, Grantor may take (,,1e or more of the following actions, or impose other sanctions. as appropriate in the circumstances: Temporarily withhold cash payments pending correction of the deficiency by the Grantee or Sub-grantee, or more severe enforcement actIOn by G:'antor: Disallow (that I..., deny hoth use 0' funds and matchmg credit for) all or part of the cost of the activity or action not in complIance: Wholly or partly ~uspenc or terminate the current award for the Grantee's or Sub-grantee's program; -l WIthhold further awards for the program; or lab: other remeches that may be legally available. B Hearings, appeals. 111 taking an enforcement action, Grantor wIll provide the Grantee or Sub-grantee an opportunity for such hearing, appeaL or other administrati\ e proceeding to which the Grantee or Sub-grantee is entitled under any statute or regulation applicable to the adion 1I1volicd. 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 expressly authorizes them in the notice of suspension or termmation, or subsequently. Other Grantee or Sub-grantee costs during suspension or after termination which are necessary, and no' reasonably avoidable, are allowable if: . The costs resultmg from obligation~ which were properly incurred by the Grantee or Sub-grantee before the effective date 01 suspension or terminatIon are no: 111 anticipation of it and, in the case of a termination, are non-cancelable; and, The costs would be allowable If the award were not suspended, or expired normally at the end of the funding period in \vhl<.h the termination tak es effect , YO' ('in ;Ie.p"s Clu's" i.Gan Sl<1r L;"'(JI'/es (,ml--('"nlro C 'hie/' S20.000 3 uf ( D. Relationshio to Debarment and Susoension. The enforcement remedies identified in this section, including suspension and termination, do not preclude Grantee or Sub-grantee from being subject to "Debarment and Suspension" under Executive )rder L'549 (see UGMS Pan III. SUbplrt ( Sec. 35) and state law. X. <ONTACTS AT TSLAC ()uestlOl1s or concerns about programmatlc issues, budget and or program revisions and oerformance reports should be directed to this grant ~ Project 'v1anager l oan Star Libranes Grant Cc",rdinator Phone~ 12-463-5475 I ax: ~ 12-463-8800 I, -mall: wclark@tsl.state.tx.us t)uestlons or concerns about regulatory or financial Issues should be directed to: Manager, Accounting and Grants Department Phone' "] 2-463-6626 Fax: -; 12-475-0185 I-mai t: mmartin(mtsl.state.tx us DocumentatIon or questions relating to required Requests for Funds. Financial Status Reoorts, and Equioment/Prooertv Acquired Reool} should be directed to. Grants Accountant Phone 512-463-547:' Fax: -;12-475-0185 E-maIl: grants. accounting@tsl.state.tx.us Payments from Grantee to Grantor. such as those for excess advanced funds or for interest earned on advanced funds, should be mailed with a revised FSR, an explanation of the purpose of the payment, and the grant number. This information shall be directed to: Grants Accountant Accountmg and Grants Department Texas State Library and Archives CommIssion PO Box 12516 Austin.TX78711-256 XI. APPLICABLE AND GOVERNING LAW !'I The laws of the State of Te.\as shall g,wem this grant. All duties of either party shall be legally performable in Texas. The applicable law for any legal dIsputes ansmg out of this contract shall be the law of (and all actions hereunder shall be brought In) the State of Texas, and the forum and venue for such disputes shall be Travis County, District Court. B This grant is subject 10 availability of funds. XU. GRANT CERTIFICATIONS Grantor certifies that .) The services specified ir: the appro/ed grant application and this contract are necessary and essential for activities that are properly within the statutory functions and programs of the affected organizations. I" ) The services, supplies 01 matenals;ontracted for are not required by Section 21 of Article 16 of the Constitution of Texas to bc supplied under con1ract given to the lowest bidder; and, ) The grant complies with Texas Go\'ernment Code ~ 441.006, Texas Administrative Code Title XIII, *~1.9] - 1.97, Texas Government Code ~ 441 135 Grants (Systems Act), PL 104-208, the Library Services and Technology Act (LSTA), the State Plan for the LST An Texas and UGMS. B The Grantee affirms that It has not given. offered to give, nor mtends 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. [he Grantee further affirms that its employees or agents shall neither solicit nor accept gratuities, favors or anything o! monetary value from contnctors. potential contractors, or parties to any sub-agreements. ( Ihe Grantee certifies by this '~ontract thelt no Federal appropriated funds have been paid or will be paid, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering mto of any cooperati\'e agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid fl,r such purpose, the Grantee shall complete and submit OMB form SF-LLL, Disclosure of Lobbying Activities, in accordance '\ith HS Instructions. [he Grantee shall reqUIre that the language of this certification be included in the award documents for all , ", :'Ir ('in Ie/,;s Ch, 'S! loan 510r an'\ mi. ( (!tllra C. ,,<i,'! 520.0()O -/ or t: "ub awards at all tiers (including sub grants, contracts under grants and cooperative agreements, and subcontracts) and that all "lib recipients shall certify and disclose accordingly, as specified in Title 31 U,S. Code, Sec. 1352. ! he (irantee certifies all applicable aC'lvitles related to this grant will comply with the Copyright Law of the United States , i'ide US, ('ode Slate la\\ requIres a number ,f assuran,~es Irom applicants for federal pass-through or other state-appropriated funds. (UGMS Part III. Subpart g, Sec 4 State Assl,ranecs) A sub-grantee must e,)mply wltll Texas Government Code, Chapter 573, Vernon's 1994, by ensuring that no officer, employee, or membe' of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the govern mg body cr to any other officer or employee authorized to employ or supervise such person. This Plohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of (\\0 years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or guverning bod> member related to such person in the prohibited degree ,,) A. sub-grantee must Insure that ad information collected. assembled or maintained by the applicant relative to a project wdl be available to the public durmg normal business hours in compliance with Texas Government Code, Chapter 552, \\'rnon's ] 994 unless otherwise expressly prohibited by law, A. sub-grantee must cumply With Texas Government Code, Chapter 55 I, Vernon's 1994, which requires all regular, special or called meellng of gO\ernmental bodies to be open to the public, except as otherwise provided by law or specifically permittedn the Texas Conslitution A. sub-grantee must comply with the l'exas Family Code, Section 261.101 that requires reporting of all suspected cases )1 child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services, Sub-grantees shall also ~nsure that all program personnel are properly trained and aware of this requirement. Sub-grantees will comply Wllh ad federal statutes relatIng to nondiscrimination. These include but are not limited to: la' Title VI of the Ci\ Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or '1atlOnal origin; (b) TItle IX of tfie Education Amendments of 1972, as amended (20 U.S.c. ** 1681-1683, and 1685- i6K6), whIch prohibit, discnmination on the baSIS of sex; (c) Section 504 of the Rehabilitation Act of ]973, as amended (29 'S,C 7(4). \\. hich prohibits discrimmation on the basis of handicaps and the Americans With Disabilities Au of 19")0; \d) the Age DiscriminatIon Act of 1974, as amended (42 U.S.c. ** 6101-6107), which !)!")hibits dlscnrninatlC!l on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as .lll1ended. relallng to londiscriminatlon on the baSiS of drug abuse; (f) the Comprehensive Alcohol Abuse and \koholIsm Preventio'l. Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the lOndiscriminallon on t'le baSIS 01 alcohol abuse or alcoholism; (g) ~* 523 and 527 of the Public Health Service Act of 9 :::. (42 US{ , 290 id-3 and '90 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient eu)rds; (h) Title VII 01 the C~i\Ii RIghts Act of 1968 (42 U.S.c. ~ 3601 et seq.), as amended, relating to 1Ondiscrimmation m til: sale. rental or financing of housmg; (i) any other nondiscrimination provisions in the specific ,tillute(S) undet whid appiicatlm tal Federal assIstance is being made; and U) the requirements of any other lO!ldiscriminatton statuce(s) whic'] may apply to the application, ,",ub-grantees \\ III comply, as applicable. with the provisions of the Davis-Bacon Act (40 U.S.c. ~ * 276a to 276a-7), the ','(lpeland Act 140 V.S ,* ~ 1760 and 18 U.S.c. * * 874), and the Contract Work Hours and Safety Standards Act (40 \C * ~ 32"', '\ 33). regarding la'lor standards for federally assisted construction sub-agreements. -';ub-grantees \\. III comply With the minimum wage and maximum hours provisions of the Federal Fair Labor Standards \ct and the Intergovemmental Peosonnel Act of 1970. as applicable, 8 I '';ub-grantees" III assht the aWdrding agency III assuring compliance with Section 106 of the National Historic Preservation Act of 19h6, as amended (16 U .5.C. 470), EO 11593 (identification and protection of historic properties), .md the Archaeological and HistOlic Preservation Act of 1974 (16 U.S.C 469a-1 et seq.). 9 I "ub-grantees \\111 comply with Public Law 103-277. also known as the Pro-Children Act of 1994 (Act), which prohibits smoking within any ponion of an; mdoor facility used for the provision of services for children as defined by the Act. !) Sub-grantees \vill comply with all federal tax laws and are solely responsible for filing all required state and federal tax ;'orms, Sub-grantees wlll comply with 111 applicable requirements of all other federal and state laws, executive orders, regulations and polIcies governing this program. 12.) Sub-grantees must adopt and implement applicable proVisions of the model HIV/AIDS work place guidelines of the 'e,as Department of H,:alth as required bv the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. . Y07 (ill' Con.t!. Chl'lll! dJan Sial' I/hul'le,' (;,., nl--C""ru)( ',", I "de'- '520,()()() 50(0 SIGNATURES GRANTOR Texas State Library and Archives Commission GRANTEE City of Corpus Christi, Corpus Christi Public Libraries t ICla empowered to enter into contracts,) 51 -1~~~' iA.6 · o-~ (_ "',' ,-' i (', <~ _~ " ('vu {- Typewritten or ~rinted Name Date t ~__fl\'fhdr hT:"(- Marilyn Marttn ___1!L?/ ~~ -- -~ ~--~--- - ----- i/~,.~ ~~~) Deborah Littrell. Library Development Director ~3/<~~.~ ........__..__..~. '-.~-- ..--"-~~ .-..----. -~-- ,--_. .._.- Title - Date _______~_Jqj,..,13 ! ~~__,--__.__,_ Date Date ~.. AlT$r AHMANOQ CHAPA Dry SiCRaAAY - ~ ~-.....- , ....~ -u,/er)l-l~ C kWL WendvClark, ~tract Managel c,f I:> /C) 10 PP ':) EJ to I,. r) 2 '7t I L '1\:- ') L ':.~.....:...... AU I i'IUi\lllt. I J'i U /{,( If C*J1It~'l __.....-4-.C - ...+- ['; z: ............. .J.,; . SEem ARY 'i'a I' '- -_!'.._-- -,..."..---~.,--..- .,._-. Date J \ ..1 .' ,~~'. . :: "'vi( A v\.v~ v .~.\~ vJenJY F .i\Ooden . ~ - - Assis ant ity At For C tv ttorne ornE F'h 7 ( IV 01 - '-pus i '/1 5ti Loa/1 SI(/I i ibr.lric "ram Con! ,leI ( I. ndi'r $20,0011 r...tr,