HomeMy WebLinkAboutC2010-494 - 12/7/2010 - Approveds~
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TEXAS STATE LIBRARY'& ARCHIVES COMMISSION
LOAN STAR LIBRARIES GRANT
Grant Type B - $20,000 - $50,000
Grant Number: 442-11547
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 78441.
II. TERM OF GRANT
September 1, 2010 to August 31, 2011 (SFY 2011}
III. STATEMENT OF SERVICES TO BE PERFORMED
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 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 FY11) as approved by the 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: $$ 4&,553
B. Source of funds: General Revenue, State Fiscal Year 2011
C. Payment for this grant will be funded in full upon delivery to Grantor a legally executed contract. Grantee should receive
payment within 24 working days after the Grantor has received a fully executed contract and Grantee has fulfilled all
requirements for preceding contracts.
D. The Grantee may not obligate or encumber grant funds after August 31, 2011. All obligations and encumbrances must be
li uidated or aid no later than October 15, 2011.
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 retumed to Grantor, per requirements in the State of Texas Unifomt 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 the grant. The source and amount of the program income must be explained in Section 9 of the TSLAC
FSR.
H. Per the approved grant application, funds are authorized according to the following budget:
Personnel ~``~~ t~
~ Frinae Benefits
- - ..--- - - -.....-------------.. _ . - - -4g-553---..... -. __...;._ ~--- ...---.._
E- u~ ment/Pro ert ------ - - --- .
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Contractual
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Total $ 48,553
V. REQUEST FOR FISCAL AND PROGRAMMATIC CHANGES
The Grantee must request a Budget and/or Program Revision for fiscal and/or programmatic changes as outlined in this Section. Grantee
must submit request for Budget and/or Program Revision electronically via the electronic TSLAC Grant Management System (GMS),
located at httpsal~ms.tslstate.tx.usl. Under no condition may a Grantee request to exceed the total grant amount. Grantor must receive
all change requests no later than July 31, 2011. Requests received after this date will be considered on a case-by-case basis, Grantee
must submit a Budget andlar Program Revision to 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,
20.0-494'tR a budget cost category that currently equals zero ($0); and/or,
d in the approved budget categories if an item's cost or features are substantially different from
ReS. 028868 application specifies, or from a previously approved fiscal or program revision.
12/07/10
Tx. State Library ] of 6 contract B - $20,000 - $50,000
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B. Programmatic changes to the approved application {Loarr 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 program, regardless of whether there is an associated Budget Revision. A
change in scope is a substantive difference in the approach or method used to reach program objectives.
VI. EQUIPMENT AND PROPERTY REQUIREMENTS
A. If conditions described in Section V. A, l are met, fiscal changes to items listed in the Equipment/Property Budget category specified
in Section IV. I of this contract require a Budget Revision . 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 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 he 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 TSLAC GMS with the Final FSR, but no later
than October 3I, 2011, for all equipment/property purchased with grant funds during the 5FY11 grant year. This list must
balance with the equipmentlproperty 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, 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 equipmentlproperty 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 equipmentlproperty 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 equipmentlproperty in accordance with the UGMS Part III, Subpart C,
Sec. 32 (e). When the Grantee has been given Federally- or state-owned equipmentlproperty, 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 acknow{edges responsibility for performing certain
services on behalf of Grantor, as outlined in the approved Plan of Action, Therefore, the Grantee is responsible far 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, and 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 maybe required covering receipt of those materials.
This revised final performance report will be due no later than October 31, 2011.
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 Date
September 1, 2610 -November 30, 2010 December 7, 2010
December 1, 2010 -February 28, 2011 March 7, 2011
March 1, 2011 -May 31, 2011 June 6, 20I 1
June 1, 2011 -August 31, 2011 September 5, 2011
B. The Grantee agrees to submit electronically the TSLAC Financial Status Report Form (FSR},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
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, 2010- November 30, 2010 December 31, 2010
December 1, 2010 -February 28, 2011 March 31, 201 I
March 1, 2011 -May 31, 201 I June 30, 2011
June 1, 201 l -August 31, 2011 September 30, 2011
If necessary, a revised Final FSR must be submitted no later than October 31, 2011
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 al] management letters issued by an auditor with the reporting package. As specified
in UGMS Part IV, Subpart B, Sea 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
FY 2011 Loan Star Libraries Grant 2 of 6 Contract B - $20,000 - $50,000
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agency that provided the funding or a different period is spedified in a program-specific audit guide. The audit's Schedule of
expenditures of Federal and .State ~Iwards must list the amount of TSLAC awards expended for each award year separately.
VIII. GENERAL TERMS AND CONDITIONS
A. The Grantee will comply with the Laan Star Literary Grant Program Guidelines far SFY 2011.
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 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{),.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: httpalgovernorstate.tx.uslfileslstate-grants/UGMS062004.doc.
Part I. Cost Principles for State and Loca3 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. Al] 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 ail public relations materials produced under this grant with the Final Performance Report.
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 funds received indirectly by Sub-grantees through Grantee, and the requirement to cooperate, is
included in any sub-grant awarded.
F. T`he 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 noncom Hance. 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) al] 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
5. Take other remedies that maybe legally available.
B. Hearings, appeals. In taking an enforcement action, Grantor will provide the Grantee or Sub-grantee an opportunity for such
--- -
-- --healing, appeal, or other administrative proceeding to which the Grantee-or Sub=grantee is-entitled under-anystatute-ar 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 casts 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 Sus ension. 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 Ill, Subpart C, Sec. 35} and state law.
X. CONTACTS AT TSLAC
Questions ar concerns about ,programmatic issues, budget and/or program revisions and performance reports should be directed to this
grant's Program Manager:
h'Y 2011 Loan Star Libraries Grant 3 of 6 Contract B - $20,000 - $50,000
Loan Star Libraries Grant Coordinator '
Phone: 512-463-5475
Fax: 512-463-8800
E-mail: wclarlc(-}a,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
E-mail: mmartin(a~tsl.state.tx.us
Questions or documentation relating to required Financial Status Reports and Equipment Reports should be directed to:
Grants Accountant
Phone: 512-463-5472
Fax: 512-475-01$5
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
Accounting and Grants Department
Texas State Library and Archives Commission
PO 13ox 12516
Austin, TX 7$711-2516
XI. APPLICABLE AND GOVERNING 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 venue 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 Government 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 1, Chapter 2, Subchapter
C, Division 1, Rules 2.110 - 2.1]9 regarding General Grant Guidelines, Texas Government Code § 441.135 Grants (Systems
Act), P.L. 104-208, 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 a]I applicable activities related to this grant will comply with the Copyright Law of the United States (Title
17, U.S. Code).
I __ D. Pe_r_UGMS Part III, Subpart C, Sec. 35 Grantee certifies by this contract that neither it nor i_ts principals are presently debarred,
~ suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this program by any Federal
i 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):
(l.) Asub-grantee must comply with Texas Government Codc, 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 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 al] 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 bylaw.
(3.) Asub-grantee must comply with Texas Government Code, Chapter 551, Vemon'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.
FY 2011 Loan Star Libraries Grant 4 of 6 Contract B - $20,040 - $50,000
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(4.} Asub-grantee must comply with the 'T'exas Family Code, Section 261.101 that requires reporting of all suspected casts 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 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 1685-1686}, which
prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1.973, 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; (~ 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 aF 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. § § 27bc 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.) 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 al] 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 al] 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 Texas
Department of Health as required by the Texas Health and Safety Code, Ann,, Sec, 85.OOi, et seq.
FY 2011 Loan Star Libraries Grant 5 of 6 Contract B - $20,000 - $50,000
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SIGNATTJRES
GRANTOR
Texas State Library and Archives Commission
Edward Seidenberg, Assistant State Librarian
Date
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Vincent Houston, Chief Fiscal Officer
10/S/2010
Da/te
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Deborah Littrell, Library Development Director
1 01512 0 1 0
Date
Wendy Clark, Program Manager
1 ols/zalo
Date
APPROVED AS TO FORM:
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~ By: ~ ,
L. B ~ an N r aez
Assistant City Attorney
I
GRANTEE
City of Corpus Christi, Corpus Christi Public Libraries
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Signat ( st be an official em('powered to enter into contracts)
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S~C~E`fARY ~•
FY 2011 Loan Star Libraries Grant 6 of 6 Contract B _ $20,000 - $50,000