HomeMy WebLinkAboutC2008-439 - 11/11/2008 - ApprovedTEXAS STATE LIBRARY & ARCHIVES COMMISSION
LOAN STAR LIBRARIES GRANT
Grant Type B - $20,000 - $50,000
Grant Number: 442-09111
I. CONTRACTING PARTIES
Grantor: Texas State Library and Archives Commission (TSLAC)
Grantee: City of Corpus Christi, Corpus Christi Public Libraries
805 Comanche St
Corpus Christi, Texas 78401
II. TERM OF GRANT
September 1, 2008 to August 31, 2009 (SFY 2009)
III. STATEMENT OF SERVICES TO BE PERFORMED
ORIGINAL
The Grantee acknowledges that the intent of the grant is to provide funds to maintain, improve, and enhance local library services, and to
provide Texans who are not residents of a particular community access [o and services from the many participating public libraries in Texas.
Grant funds must be used to meet TSLAC goals. The Grantee must report information relating to best practices and performance outcomes.
The Grantee will comply during the period of this contract and provide services as outlined within the Plan of Action submitted by [he
Graniee (Loan Star Libraries Grant for State FY09) as approved by [he Grantor. The approved Plan of Action becomes part of this contract
by this reference.
IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS
A. The total amount of the grant shall not exceed: $44,206.00
B. Source of funds: General Revenue, State Fiscal Year 2009
C. Payment for this grant will be funded in full upon delivery to Grantor a legally executed contract. Grantee should receive payment
within 20 working days after [he Grantor has received a fully executed contract and Grantee has fulfilled all requirements for preceding
contracts.
D. The Grantee may not oblieate or encumber grant funds after August 31, 2009. All obligations and encumbrances must be liquidated or
paid no later than October 15, 2009.
E. All unexpended grant funds $25.00 and over MUST be returned, in full, to TSLAC along with the Final Financial Status Report (FSR).
See Section VII. B of this contract for FSR due dates.
F. Interest earned in excess of $100 must be returned to Grantor, per requirements in the State of Texas Uniform Grant Management
Standards (UGMS).
G. The Grantee will add any program income to the funds committed to the grant, using such program income for the purposes and under
the conditions of [he gant. The source and amount of [he program income must be explained in Section 9 of the TSLAC FSR.
H. Per the approved gran[ application, funds are authorized according to the following budget:
RECEIVED
Eguipment/Property
Stu plies $44.206.00
IvOV 17 2408
Other ACi~~U~ 111V1a
Total $44,206 00 f V
Indirect Costs
Total $44,206.00
V. WRITTEN REQUEST FOR FISCAL AND PROGRAMMATIC CHANGES
The Grantee must request written prior approval for fiscal and/or programmatic changes as outlined in this Section. Grantee must submit
request for progam and/or fiscal changes on the Loan Star Libraries Grant Program Revision Form. Under no condition may a Grantee
request to exceed [he total grant amount. Grantor must receive. all change requests no later than July 31, 2009. Requests received after this
date will be considered on a case-by-case basis. Grantee must receive written approval from Grantor before obligating or expending
grant foods under any of the following conditions.
A. Fiscal changes must have an approved Budget Revision under any of the following conditions:
1. Making cumulative transfers among budget cost categories or projects which are expected to exceed ten (10) percent of the total
2008-439
11/11/08 a budget cost category that currently equals zero ($0); and/or,
Res. 027922
'x. State Library & Archives 1 of 6 Contract B - $20,000 - $50,000
3. Changing the items listed in the approved budge[ categories if an item's cost or features are substantially different from what the
approved grant application specifies, or from a previously approved fiscal or program revision.
B. Programmatic changes to the approved application (Loan Star Plan of Action) must have an approved Program Revision under the
following conditions:
1. Obtaining the services of a third party to perform activities that are central to the purposes of the grant; and/or,
2. Changing the scope or objectives of the approved progam, regardless of whether there is an associated Budge[ Revision. A
change in scope is a substantive difference in [he approach or method used to reach progam objectives.
VI. EQUIPMENT AND PROPERTY REQUIREMENTS
A. Fiscal changes to items listed in the Equipment/Property category specified in Section N. H of this contract require written prior approval.
This is defined as the cost of the equipment and/or property, including any cost necessary to put the item into service, such as the cost of
any modifications, attachments, accessories, or auxiliary appazatus necessary to make the item usable for the purpose for which it is
acquired. Ancillary chazges, such as taxes, duty, protective in-transit insurance, freight, and installation may be included in, or excluded
from the expenditure cost in accordance with the Grantee's regular accounting practices and Generally Accepted Accounting Practices
(GAAP).
B. The Grantee will comply with UGMS Part III, Subpart C, Sec. 32 (d)(3) requiring certain items of equipment to be maintained on
inventory if the item's cost is between $500 and $1000.
C. The Grantee agees to submit the most current TSLAC EquipmenUproperty Acquired Form with the Final FSR, but no later than
October 31, 2009, for all equipmentproperty purchased with grant funds during the FY08 grant year. Phis list must balance with the
equipmentproperty purchased under the approved grant application and all subsequently approved Budge[ and/or Program Revisions.
D. Grantee must famish a statement to Grantor certifying the governing entity's capitalization level with the approved grant application.
Grantee agrees to maintain records on all equipmenUproperty with an acquisition cos[ above governing entity's capitalization level.
E. Subject to the obligations and conditions set forth m the UGMS Part III, Subpart C, Sec. 32, title to equipment acquired under a grant
will vest in the Grantee upon acquisition. Grantee must include any equipmenUproperty acquired with grant funds in the required bi-
annual property inventory, and follow the UGMS Part III, Subpart C, Sec. 32 (d) that requires the Grantee to reconcile the
equipmenUproperty records with a physical inventory of the equipmenUproperty every two years. This bi-annual inventory does not
need to be submitted to Grantor, but must be maintained by the Grantee and will be subject to review by Grantor. When property is
vested in [he Grantee, Grantee will dispose of equipmenUproperty in accordance with the UGMS Part III, Subpart C, Sec. 32 (e). When
*,he Grantee has been given federally- or state-owned equipmenUproperty, Grantee will follow the UGMS Part III, Subpart C, Sec. 32
(Q•
VII. REPORTING REQUIREMENTS
The State Legislature has charged Grantor with submitting 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 behalf
of Grantor, as outlined in the approved Plan of Action. Therefore, the Grantee is responsible for submitting periodic reports that reflect the
Grantee's level of performance on these services [o Grantor. To comply with these requirements, the Grantee agrees to submit reports that
are timely, accurate, auditable, and consistent with definitions.
A. The Grantee agrees to submit the Loan Star Libraries Performance Report to Grantor no later than the due dates listed in the following
schedule. If library materials ordered with grant funds are received by Grantee after the end of the grant year, a revised final Loan Star
Libraries Performance Report maybe required covering receipt of those materials. This revised final performance report will be due no
later than November 15, 2009.
Reoortine Period Due Date
September 1, 2008 -November 30, 2008 December 7, 2008
December 1, 2008 -February 28, 2009 March 7, 2009
March 1, 2009 -May 31, 2009 June 6, 2009
June 1, 2009 -August 31, 2009 September 5, 2009
B. The Grantee agrees to submit the TSLAC Financial Status Report form for the gran[ funded under this contract no later than the due
dates listed in the following schedule. 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 no[ submit any subsequent FSR forms.
September 1, 2008 -November 30, 2008 December 30, 2008
December 1, 2008 -February 28, 2009 March 31, 2009
March 1, 2009 -May 31, 2009 June 30, 2009
June 1, 2009 -August 31, 2009 September 30, 2009
If necessary, a revised Final FSR must be submitted no later than October 31, 2009.
C. The Grantee will send the Grantor a copy of all management letters issued by an auditor with the reporting package. As specified in
UGMS Part N, Subpart B, Sec. 235(c), the audit shall be completed and submitted within the earlier of 30 days after receipt of the
auditor's report(s), or nine months after the end of the audit period, unless a longer period is agreed to in advance by the state agency
that provided the funding or a different period is specified in aprogram-specific audit guide. The audit's Schedule ojExpenditures of
Federal and State Awards must list the amount of TSLAC awazds expended for each award year separately.
FY 2009 Loan Star Libraries Grant 2 of 6 Contract B - $20,000 - $50,000
VIII. GENERAL TERMS AND CONDITIONS
IX.
A. The Grantee will comply with the Loan Star Library Gran[ Program Guidelines for SFY 2009.
B. The Grantee will comply with the Title 13, Part 1, Chapter 2, Subchapter C, Division 8, Rules 2.810 - 2.815 regarding the Loan Star
Grant Program and Title 13, Part 1, Chapter 2, Subchapter C, Division 1, Rules 2.110 - 2.119 regazding General Grant Guidelines.
Loan Star Libraries Administrative Rule 2.815 (c) states, "If a library has certified that it provides service to non-residents without
charge or i[ has elected to participate in [he TexShaze cazd program, the library must maintain these services for the duration of [he
contract that it received." This means the library shall provide the same library services and may impose the same restrictions on
non-resident customers as it does for those customers who live locally. Texas Government Code, Section 441.138(c), states, "State
aid to a free tax-supported public library is a supplement to and no[ a replacement of local support: '
C. The Grantee will comply with the following parts of the Governor's Office of Budge[ and Planning, UGMS revised June 2004,
located at: httn://www.eovernorstate.tx.us/divisions/stateerants/xuidelines/rtes/UGMS062004.doc.
Part I. Cost Principles for State and Local Governments and Other Affected Entities (Adapted from OMB Circular A-87).
Part II. State Uniform Administrative Requirements for Grants and Cooperative Agreements (Adapted from OMB Circulars A-102
and A-122).
Part III. State of Texas Single Audit Circular (Adapted from OMB Circular A-133).
D. All publicity relating to the grant award must include acknowledgement of the Texas State Library and Archives Commission
whenever possible and practical. Publicity includes, but is not limited to press releases, media events, public events, displays in the
benefiting library, announcements on [he 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.
E. 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 further agrees to cooperate fully
with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing access to any
information the state auditor considers relevant to the investigation or audit. Grantee will ensure [hat this clause concerning [he
authority to audit funds received indirectly by Sub-grantees through Grantee, and the requirement [o cooperate, is included in any
sub-gant awarded.
F. The Grantee agrees to maintain all fmancial and programmatic records, supporting documents, statistical records, and other records
relating to this grant award for a minimum of three years after Close of Gran[. Close of Grant is de£med for this grant as the date
Grantee submits to Grantor the Final FSR for the contract gant period.
A. Remedies for noncompliance. If a Grantee or Sub-gantee 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. Temporazily withhold cash payments pending corsection of [he 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. Wholly or partly suspend or terminate the current award for the Grantee's or Sub-grantee's progam;
4. Withhold further awards for the program; or
5. Take other remedies that maybe legally available.
B. Heazines, anneals. 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.
C. Effects of susnension and termination. Costs of Grantee or Sub-grantee resulting from obligations incursed 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 termination, or subsequently. Other Grantee or Sub-grantee costs during suspension or after termination which are
necessary, and no[ reasonably avoidable, are allowable if:
1. The costs resulting from obligations which were properly incursed by the Grantee or Sub-grantee before the effective date of
suspension or termination are not in anticipation of it and, in the case of a termination, are non-cancelable; and,
e costs wou e a owa e r t e awar were not suspen e , or exptr` ea n~ yl a re en ofthe fun mg peno m w tch
the termination takes effect.
D. Relationship to Debarment and susnension. 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 Order
12549 (see UGMS Part III, Subpart C, Sec. 35) and state law.
FY 2009 Loan Star Libraries Grant 3 of 6 Contract B - $20,000 - $50,000
X. CONTACTS AT TSLAC
Questions or concerns about programmatic issues, budget and or program revisions and performance reports should be directed to this
grant's Program Manager:
Loan Staz Libraries Grant Coordinator
Phone: 512-463-5475
Fax: 512-463-8800
E-mail: wclark(a~tsl.state.tx.us
Questions or concerns about regulatory or financial issues should be directed to:
Manager, Accounting and Grants Department
Phone: 512-463-6626
Fax: 512-475-0185
E-mail: mmartin(tt~,tsl.state.tx.us
Questions or documentation relating to required Requests for Funds Financial Status Reports and Eguipment/Pronertv Acquired Report
should be directed to:
Grants Accountant
Phone: 512-463-5472
Fax: 512-475-0185
E-mail: grants.accountingnn,tsLstate.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
Accounting and Grants Department
Texas State Library and Archives Commission
PO Box 12516
Austin, TX 78711-2516
XI. APPLICABLE AND GOVERNING LAW
A. The laws of the Slate 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 [he 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 gran[ is subject [o availability of funds.
XII. GRANT CERTIFICATIONS
A. Grantor certifies that: (1) The services specified in the approved grant application and this contract are necessary and essential
for activities 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 gran[ complies with Texas Government Code § 441.006, Title 13, Part 1,
Chapter 2, Subchapter C, Division 8, Rules 2.810 - 2.815 regazding the Loan Staz Grant Program and Title 13, Part 1, Chapter
2, Subchapter C, Division 1, Rules 2.110 - 2.119 regazding General Grant Guidelines, Texas Government Code § 441.135
Grants (Systems Act), P.L. 104-208, the Library Services and Technology Act (LSTA), the State Plan for the LSTA in Texas
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 accept gratuities, favors or anything of
monetary value from contractors, potential contractors, or parties to any sub-agreements.
C. The Grantee certifies all applicable activities related [o this gran[ will comply with the Copyright Law of the United Slates (Title
17, U.S. Code).
D. Per UGMS Part III, Subpart C, Sec. 35 Grantee certifies by this contract that neither it nor its principals are presently debarsed,
sugpende roposed for debarment. declared ineligible, or voluntarily excluded from participation in this program by any
Federal department or agency, as required by the regulations implementing Executive Order 12549, Debarment and Suspension,
34 CFR Part 85, Section 85.510, Participant's responsibilities, 2 CFR Part 180 Subchapter C. 180.335. Where the grantee is
unable to certify to any of the statements in this certification, the grantee shall attach an explanation to this contract.
E. State law requires a number of assurances from applicants for federal pass-through or other state-appropriated funds. (UGMS
Part IIi, Subpart B, Sec. 14 -State Assurances)
(1.) Asub-grantee must comply with Texas Government Code, Chapter 573, Vemon's 1994, by ensuring that no officer,
employee, or member 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 governing
body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall no[ prohibit
the employment of a person who shall have been continuously employed for a period of two yeazs, or such other period
FY 2009 Loan Star Libraries Grant 4 of 6 Contract B - $20,000 - $50,000
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.) Asub-grantee must insure that all information collected, assembled or maintained by the applicant relative to a project will be
available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, Vemon's
1994, unless otherwise expressly prohibited bylaw.
(3.) Asub-grantee must comply with Texas Government Code, Chapter 551, Vernon's 1994, which requires all regulaz, special or
called meeting of governmental bodies to be open to the public, except as otherwise provided bylaw or specifically permitted
in the Texas Constitution.
(4.) Asub-grantee must comply with the Texas Family Code, Section 261.101 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 progam personnel aze properly trained and aware of this requirement.
(5.) Sub-grantees will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a)
Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national
origin; (b) Title I7{ of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 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 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e)
the Drug Abuse Office and Treatment Act of 1972 (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 Act of 1970
(P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527
of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of
alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the
specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other
nondiscrimination statute(s) which may apply to the application.
(6.) Sub-grantees will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. § § 276a to 276a-7), the
Copeland Act (40 U.S.C. § § 276c and 18 U.S.C. § § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C.
§ § 327-333), regarding labor standazds for federally assisted construction sub-agreements.
(7.) Sub-grantees will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act
and [he Intergovernmental Personnel Act of 1970, as applicable.
(8.) Sub-grantees will assist the awarding agency ur assuring compliance with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 e[ 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 [he provision of services for children as defined by the Ac[.
(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
policies governing this program.
(12.) Sub-grantees must adopt and implement applicable provisions of the model HN/AIDS work place guidelines of [he Texas
Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq.
FY 2009 Loan Star Libraries Grant 5 of 6 Contract B - $20,000 - $50,000
SIGNATURES
GRANTOR
Texas State Library o rchives Commission
Edward Seidenberg, Assistant State Librarian
Date
GRANTEE
City of Corpus Christi, Corpus Christi Public Libraries
be an official empowered to enter into contracts)
or Printed Name
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Karen Drabek, Chief Fiscal Officer
9/30/2008
Date
Deborah Littrell, Library Development Director
Date
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Wendy Clark, Progam anager
Date
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FY 2009 Loan Star Libraries Grant 6 of 6 Contract B - $20,000 - $50,000