HomeMy WebLinkAboutC2009-475 - 11/10/2009 - ApprovedTEXAS STATE LIBRARY Xi ARCHIVES COMMISSION
LOAN STAR LIBRARIES GRANT
!;;rant Type A - $50,000 and Over
Grant Number: 442-10048
I. CONTRACTING PARTIES
Grantor: Texas State Library and Archives Comraaission (TSLAC)
Grantee: Ciry of Corpus Christi, Corpus Christi Public Libraries
805 Comanche St
Corpus Christi, Texas 78401
ll. TERM OF GRANT
September 1, 2009 to August 31, 2010 (SFY 2010)
III. STATEMENT OF SERVICES TO BE PERFORMED
'The Grantee acknowledges that the intent of the grant is to provide funds to rnaintaira, improve, and enhance local library services, and to
provide Texans who are not residents of a particular community access to 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 the Grantee (Loan Star Libraries Grant for State FY101 as approved by the Grantor. The approved 'Plan of Action becomes
pan of this contract by this reference.
IV. GRANT AMOUNTS ANll DISBURSEMENT REQUIRI:11`CEN'I'S
A. The total amount of the grant shall not exceed: $58,492
B. Source of funds: General Revenue, State Fiscal Fear 2010
C,. 'The Grantee must request payments from Grantor using the 'TSLAC. Request for Funds Form (RFF) via the electronic "TSLAC Grant
Ivlartagernent System (GMS), located at http :// nrsaslatate.tx_us/. Requests may be submitted to Grantor aao mare af•tera than once per
month, and no less often than once per quarter. Funds will be paid to the Grantee provided Grantor has received a. fully executed contract
and Grantee has fulfilled all reporting requirements far current and preceding contracts.
Ia. The Grantee is restricted to one of two methods for requesting funds from Grantor. The Grantee may request reimbursement of actual
expenditures for the Grantee's normal billing cycle, or .advance a ment for estimated expenditures to be incurred for the upcoming
30 days. Only Grantees drat provide documentation to demonstrate a lack of sufficient working capital and the ability to minimize the
tune elapsing between transfer of funds from Grantor and disbursement of grant funds will be allowed to request advance payments.
E. Payments of advance funds will be disbursed lay the first working day of the advance period provided RFF Form is received by
Grantor rao later than the 14"' day of the previous rnoratla. Should excessive cash balances !;e raaaintained, Grantee may be required to
use the reimbursement process.
F. The Grantee may not obligate or encumber grant funds after August 31, 2E110. AlI olaligations and encumbrances must be liquidated
or• maid no later than October 1S, 2010. Grantor must receive T3na1 ra nest fior advance no later than .Ialy t5, 2010. Grantor must
receive final request for reimbursement no later than October I S, ZOIO.
G. All unexpended grant funds $25.00 and aver MUST be returned, ira full, to TSLAC along with the Final Financial Status Report
(FSR). See Section VII. B. of this contract for FSR due dates.
FI. Interest earned in excess of $100 must be returned to Grantor, per requirements in the State of Texas Uniform Grant Management
Standards (UGMS).
L Tlae Grantee will add any pr°ogram income to ttae fimds committed to the grant, using such program incomo tsar the purposes and
under the conditions of the gr°ant. 'The source and amount of the program Income must be explained in Section 9 of the 'fSL• AC FSI2.
Per the approved grant application, funds are authorized accr~rding to the fbllowirrg budget:
Fringe Benefits
__^~ ~ _ _
Travel i ^_~_ Ts ~_~__^_ m~®~'~~~
_ ®(~` (`~I
Bquipment/Property __._ ~ _,_ $17,000
Sup~alies _i,._~___~ ~~~~pp
..._ _____-- ~$41 492 NQ~ ~ ~ ~4IId~
Contractual
- ___.___-__~
- ___....~
Other _
Total $58,492 ,t~r~j~®UNT~~
2009-475
Res. 028398
10/27/09 1 of 6 Contract A - $50,000 and over
Tx. St. Library & Archives
V. WRITTEN REQUEST FOR FISCAL AND PROGRAMMATIC CHANCES
The Grantee must request written prior approval for fiscal andlor programmatic changes as outlined in this Section. Grantee must submit
request for program and/or fiscal changes electronically on the TSLAC GMS. Under no condition may a Grantee request to exceed the
total grant amount. Grantor must receive all change requests no later than July 31, 2010. 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
funds 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 grant; and/or,
2. Transferring any funds into a budget cost category that currently equals zero ($0}; and/or,
3. Changing the items listed in the approved budget 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 ar objectives of the approved program, regardless of whether there is an associated Budget Revision. A
change in scope is a substantive difference in the approach ar method used to reach program objectives.
VI. EQUIPMENT AND PROPERTY REQUIREMENTS
A. Fiscal changes to items listed in the Equipment/Property category specified iu Section IV. J. of this contract require written prior
approval. This is defined as the cost of the equipme0t andlor property, including any cost necessary to put the item into service, such as
the cost of any modifications, attachments, accessories, or auxiliary apparatus necessary to make the item usable for the purpose for
which it is acquired. Ancillary charges, 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 agrees to submit the TSLAC Equipment Report electronically via the TSLAC GMS with the Final FSR, but no later than
October 31, 2010, for all equipmentlproperty purchased with grant funds during the SFYIO grant year, This list must balance with
the equipment/property purchased under the approved grant application and all subsequently approved Budget and/or Program
Revisions.
D. Grantee must furnish a statement to Grantor certifying the governing entity's capitalization level with the approved grant application
or the first RFF submitted. Grantee agrees to maintain records on all equipment/property with an acquisition cost above governing
entity's capitalization level.
E. Subject to the obligations and conditions set forth in 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 equipment/property acquired with grant funds in the required bi-
annual property inventory, and follow the UGMS Park III, Subpart C, Sec. 32 (d) that requires the Grantee to reconcile the
equipment/property records with a physical inventory of the equipment/property 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 the Grantee, Grantee will dispose of equipment/property in accordance with the UGMS Part III, Subpart C, Sec. 32 (e).
When the Grantee has been given Federally or state-owned equipment/property, Grantee will follow the UGMS Part III, Subpart C,
Sec. 32 (f).
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 to Grantor. To comply with these requirements, the Grantee agrees to submit
reports that are timely, accurate, auditable, aild consistent with definitions.
A. The Grantee agrees to submit the Loan Star Libraries Performance Report electronically on the TSLAC GMS 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 may be required covering receipt of those materials. This
revised final performance report will be due no later than October 31, 2010.
Note: Grantee must contact the Loan Star Libraries Grant Coordinator listed in Section X of this contract in order to submit a
revised performance report.
Reporting Period Due D1te
September 1, 2009 -November 30, 2009 December 7, 2009
December 1, 2009 -February 28, 2016 March 7, 2010
March 1, 2010 -May 31, 2010 June 6, 2010
June 1, 2010 -August 31, 2010 September 5, 2010
FY 2010 Loan Star Libraries Grant 2 of 5 Contract A - $50,000 and over
Q. The Grantee agrees to submit electronically the TSLAC Financial Status Report Form, located on the TSLAC GMS, for the grant funded
under this contract no later than the due dates listed in the following schedule. Grantee should submit a Final FSR once alt grant funds
have been expended and al! program requirements are accomplished. Grantee should mark the last required FSR as "Final" and not
submit any subsequent FSR forms.
Reportin Period Due Date
September 1, 2009- November 30, 2009 December 31, 2009
December I, 2009 -February 28, 2010 March 31, 2010
March 1, 2010 -May 31, 201.0 June 30, 2010
June 1, 2010 -August 31, 2010 September 30, 2010
If necessary, a revised Final FSR must be submitted no later than October 31, 201a
Note: Grantee must contact the Grants Accountant listed in Section X of this contract in order to submit a revised FSR.
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 IV, 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 aerogram-specific audit guide. The audit's Schedcrle of Expenditarres of
Federal and State Alvards must list the amount of TSLAC awards expended for each award year separately.
D. The Grantee agrees to submit the Grant Checklist report form for the grant funded under this contract no later than October 31,
zala.
VIII. GENERAL TERMS AND CONllITIONS
A. The Grantee will comply with the Loan Star Library Grant Program Guidelines for SF~' 2010.
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 regarding 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 it has elected to participate in the TexShare card program, the library must maintain these services for the duration of the
contract that it received." This means the library shall provide the same library sewices and may impose the same restrictions on non-
resident customers as it does for those customers who live focally. Texas Government Code, Section 441.138(c), states, "State aid to
a free tax-supported public library is a supplement to and not a replacement of local support."
C. The Grantee will comply with the following parts of the Governor's Office of Budget and Planning, UGMS revised June 2004,
located at: http:i/governof•.state.tx.zas/fileslstate-grants/UGMSO624D4.doc.
Part 1. Cost Principles for State and Local Governments and Other Affected Entities (Adapted from OMB Circular A-87).
Part ll. State Uniform Administrative Requirements for Grants and Cooperative Agreements (Adapted from OMB Circulars A-
102 and A-122).
Part Ill. 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 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.
E: Grantee understands that acceptance of funds under this contract acts as acceptance of the authority of the Texas 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 that this clause concerning the
authority to audit fiords received indirectly by Sub-grantees through Grantee, and the requirement to cooperate, is included in any
sub-grant awarded.
F. The Grantee agrees to maintain all financial and programmatic records, supporting documents, statistical records, and other records
relating to this grant award for a minimum of three years after the end date of this contract.
IX. ENFORCEMENT'
A. Remedies for noncompliance. If a Grantee or Sub-grantee materially fails to comply with any term of an award, whether stated hl 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. Wholly or partly suspend or terminate the current award for the Grantee's or Sub-grantee's program;
4. Withhold further awards for the program; or
S. Take other remedies that may be legally available.
FY 2010 Loan Star Libraries Grant 3 of 5 Contract A - $50,000 and over
B. 1-Iearin~~s, appeals. In taking an enforcement action,~Gi•antor will provide the C,rantee 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 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 termination, or subsequently. Other Grantee or Sub-grantee costs during suspension or after termination which are
necessary, and not reasonably avoidable, are allowable if:
1. The costs resulting from obligations which were properly incurred 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,
2. The costs would be allowable if the award were not suspended, or expired normally at the end of the funding period in which
the termination takes effect.
D. Relationshi~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 Suspension" .under Executive Order
12549 (see UGMS Part 111, Subpart C, Sec. 35) and state law.
X. CONTACTS AT TSLAC
Questions or concerns about ~rogiammatic issues, bud et and/or pro tarn revisions and Rerfarmance reports should be directed to this
grant's Program Manager:
Loan Star Libraries Grant Coordinator
Phone: 5i2-463-5475
Fax: 512-463-8800
E-mail: wclark~tslstate.tx.us
Questions or concerns about financial issues should be directed to:
Manager, Accounting and Grants Department
Phone: 512-463-6626
Fax: 512-475-0185
F,-mail: rmnarti~n@tsl.state.tx.us
Questions or documentation relating to required Requests for Funds Financial Status Reports, and Equipment Re~rts should be directed
to:
Grants Accountant
Phone: 512-463-5472
Fax: 512-475-0185
E-mail: grants.accounting~tslstate.tx.us
1'ayrnents 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. Connnission
PO Box 12516
Austin, TX '787 1 1-25 1 6
YI. APPLICABLE AND GOVERMNG LAW
A. 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 in) the State of
Texas, and the forum and venire for such disputes shall be Travis County, District Court.
B. This grant is subject to 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 grant complies with Texas Govermment Code § 441.006, 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 ], Chapter 2, Subchapter C, Division 1,
Rules 2.110 - 2.119 regarding General Grant Guidelines, Texas Government Code § 441.135 Grants (Systems Act), P.L. ]04208,
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 to this grant will comply with the Copyright Law of the United States (Title 17,
U.S. Code).
FY 2010 Loan Star Libraries Grant 4 of 6 Contract A - $50,000 and over
D. Per UGMS Part III, Subpart C, Sec. 35 Grantee certifies by this contract that neither it nor its principals are presently debarred,
suspended, proposed 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 state-appropriated funds (UGMS Part III, Subpart B, Sec. 14 -State
Assurances):.
(1.) Asub-grantee must comply with Texas Government Code, Chapter 573, Vernon'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 not prohibit the
employment of a person who shall have been continuously employed for a period of 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.} 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, Vernon's
1994, unless otherwise expressly prohibited by law.
(3.} Asub-grantee must comply with Texas Government Code, Chapter 551, Verna~'s 1994, which requires all regular, special or
called meeting of governmental bodies to be open to the public, except as otherwise provided by law 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 program personnel are properly trained and aware of this requirement.
(S.} 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 IX of the Education. Amendments of 1972, as amended (20 U.S.C. ~~, 1681-1683, and 1.685-1.686), 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. S§ 6101-6107), which. prohibits discrimination on the basis of age; (e) the
Drvg 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 Alcahal 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 statutes} 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 standards 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
the Intergovernmental Personnel Act of 1970, as applicable.
(8.) Sub-grantees will assist the awarding agency in 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 et seq.).
(9.j 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
policies governing this program.
(12.) Sub-grantees must adopt and implement applicable provisions of the model HIVJAIDS work place guidelines of the Texas
Department of Health as required by the Texas Health and Safety Code, Aml., Sec. 85.001., et seq.
FY 201.0 Loan Star Libraries Grant 5 of 6 Contract A - $50,000 and over
SIGNATURES
GRANTOR
Texas State Library and Archives Commission
~`i
Edward Seidenberg, Assistant State Librar n
~-z~~6~_
Date
a
Marilyn Martin, P anager, Accounting & Grants
1 0/ 1 212009
D ar Littrell, Library Developirlent Direotor
GRANTEE
City of Corpus Christi, Corpus Christi Public Libraa•ies
Sigi ur must be an ofticial empowered to enter into contracts)
Typewr• en or Printed Name
't'itle `~~._
__~~~~L_-_--___~ .__
Date
Approved as to brm: i ~ ~ ~`~
> a1t212oo9
~~~-~ ________w
Wendy Cla1•k, Program Man ger
o~t°..~ `
1_isa Agui
Assistant City Attorney
for City Attorney
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~~.,,,~, ~' u~~ D AUI~NORI~EU
RY Cif@tYCIL ,.~....L.(. I.~ Q~
r
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SECRETARY ~~
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I~I~i~ANt70 CHAPA _ ".
~i1-1V a~irCR~"i'At~"
h'Y 2010 Loau Star Libraries Grant & of 6 Contract A - $SQaaO and over