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HomeMy WebLinkAboutResolution - 4245 - Contract - TSLAC - Support For WILS, ILL, & MURL - 08_26_1993Resolution No. 4245 August 26, 1993 Item #46 RESOLUTION WHEREAS, the City of Lubbock annually contracts with the Texas State Library for various grants in support of its role as a Major Resource Center in the West Texas Library System; and WHEREAS, such grants serve to improve and expand the program of the Lubbock City -County Library; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock the following named grant contracts and associated documents with the Texas State Library: a) Urban Library Aid Contract (Contract No. 505.13); b) Contract for Library System Services (Contract No. 498.9); c) Contract for Library System Services (Contract No. 499.9); and d) Contract for Interlibrary Loan Services (Contract No. 500.4). Said contracts, attached herewith, shall be spread upon this Council and shall constitute and be a part of th' ution as if fully copied herein in detail. Passed by the City Council this 26 ATTEST: ett o on, City Secretary APPROVED AS TO CONTENT: e 4if RipLibrary Director APPROVED AS TO FORM: uw is G. vanaiver, rirs Assistant City Attorney DGV:da/AGENDA-D1/LIBGRANT.res August 12, 1993 Contract #505.13 URBAN LIBRARY AID CONTRACT LIBRARY SERVICES AND CONSTRUCTION ACT TITLE I This Contract and Agreement is entered into by and between the Texas State Library and Archives Commission and the Local Governmental Unit pursuant to the authority granted and in compliance with the provisions of Government Code, Chapter 441, Libraries and Archives, § 441.006, General Powers and Duties, and Public Law 101-254, the Library Services and Construction Act. CONTRACTING PARTIES: The Receiving Agency: Texas State Library and Archives Commission The Performing Agency: City of Lubbock, Lubbock City -County Library II. STATEMENT OF SERVICES TO BE PERFORMED: A. The Performing Agency agrees to provide certain public library services as stipulated in its grant application, free of charge to persons living outside of the area whose residents support the Performing Agency through payment of local taxes. The Receiving Agency agrees to reimburse the Performing Agency for services rendered under the terms and conditions of this contract. Provision of services by the Performing Agency and reimbursement by the Receiving Agency shall be made in accordance with the Performing Agency's grant application entitled "SFY 1994 MURL Grant Program." B. The Performing Agency may charge expenditures against this contract only if they conform to the grant application and budget, as approved by the Receiving Agency, and are for reimbursement of expenses incurred or obligated during the grant period. Grant funds may not be encumbered after August 31, 1994. By October 31, 1994 a final Financial Status Report will be submitted to the Receiving Agency and all unexpended funds will be returned or a final request for any funds due will be submitted. C. The Performing Agency agrees to audit all funds received under this contract. Such audit shall be conducted in accordance with Office of Management and Budget Circular A-128, Audits of State and Local Governments. The audit will be provided to the Receiving Agency no later than 360 days following the close of the city/county fiscal year. An audit report must be provided for each fiscal year in which funds from this grant are expended. For purposes of identification this grant must be designated in the audit report as Contract #505.13. D. Program income must be added to grant funds received under this contract and reported in the quarterly Financial Status Report. Page 2 of 6 E. The Performing Agency may not use monies received under this grant to replace local funds during the period of the grant. F. Any publication or presentation resulting from or primarily related to the work conducted under this contract shall contain the following disclaimer: The activity which is the subject of this report was supported in whole or in part by the U.S. Department of Education. However, the opinions expressed herein do not necessarily reflect the position or policy of the U.S. Department of Education and no official endorsement by the U.S. Department of Education should be inferred. Promotional materials, bibliographies, and other such short pieces should give the following acknowledgment: Published with funds granted by the Texas State Library under the Library Services and Construction Act, Public Law 101-254. G. The Performing Agency is free to copyright any books, publications or other materials developed as a result of this grant; however, the Receiving Agency reserves a royalty - free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use and to authorize others to use, the work for government purposes. H. The Performing Agency certifies by this contract that it is in full compliance with the assurances set forth in the Major Urban Resource Libraries grant application submitted to the Receiving Agency which requested federal and/or state assistance. The Performing Agency agrees to retain all financial and programmatic records, supporting documents, statistical records, and any other records pertinent to this grant for a period of five (5) years. Such records shall be made accessible to the Secretary of Education, the Comptroller General of the United States, the State of Texas, or any of their duly authorized representatives, for the purpose of audits or examinations and to make excerpts or transcripts of any books, documents, papers, and other records of the Performing Agency. The Performing Agency agrees to maintain inventory records of nonexpendable personal property purchased with grant funds having a unit acquisition cost of $300 or more. The Performing Agency will submit a listing of all property purchased with grant funds which cost $300 or more to the Receiving Agency on the Form TSL 51-12, "Property Inventory Record," by October 31, 1994. The Performing Agency agrees to conduct inventories of such property every two years as set forth in the Uniform Grant and Contract Management Standards for State Agencies. The Performing Agency further agrees that the Receiving Agency has the right to transfer all nonexpendable personal property, which includes equipment and library materials, acquired with funds from this grant and having a unit acquisition cost of $1,000 or more. Page 3 of 6 K. The Performing Agency agrees to secure the specific written approval of the Receiving Agency before obligating or expending grant funds for costs requiring grantor agency approval. The Receiving Agency authorizes the Performing Agency to expend grant funds for the following prior approval costs. Professional Services Audit $40 L. The Performing Agency agrees to provide the Receiving Agency with two (2) sets of all promotional materials produced under this contract. M. The Performing Agency agrees to submit two MURL Project Evaluation Reports for the period: September 1, 1993 to February 28, 1994, due March 25, 1994; and March 1, 1994 to August 31, 1994, due September 24, 1994. The second MURL Project Evaluation Report shows activity for the reporting period and also summarizes performance data for the entire grant period. N. The Performing Agency agrees to submit four (4) MURL Uniform Statistical Reports and Explanation of Variance Reports during the contract period. The Performing Agency further agrees to submit these reports according to the following schedule: Reporting Period Due Date September 1, 1993 - November 30, 1993 December 7, 1993 December 1, 1993 - February 28, 1994 March 7, 1994 March 1, 1994 - May 31, 1994 June 7, 1994 June 1, 1994 - August 31, 1994 September 7, 1994 O. The Performing Agency agrees to submit five (5) Financial Status Reports to the Receiving Agency during the contract period. The Performing Agency further agrees to submit these reports according to the following schedule: Reporting Period September 1, 1993 - November 30, 1993 December 1, 1993 - February 28, 1994 March 1, 1994 - May 31, 1994 June 1, 1994 - August 31, 1994 Due Date December 29, 1993 March 25, 1994 June 24, 1994 September 26, 1994 A final Financial Status Report will be submitted by October 31, 1994. Page 4 of 6 P. The Performing Agency agrees to comply with the terms and conditions of this contract and acknowledges that failure to comply can result in grant suspension. Failure to submit required reports for a prior year grant can result in suspension of this grant. Suspension shall be effective fifteen (15) days after receiving written notification from the Receiving Agency. During the suspension, the Performing Agency shall be reimbursed for those costs which cannot be reasonably avoided provided they are allowable under the grant agreement. Q. The Performing Agency 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 Performing Agency 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 subagreements. R. The Contracting Parties may terminate this contract by giving written notice at least thirty (30) days prior to the effective dates of such termination. Termination procedures shall adhere to the provisions of the Uniform Grant and Contract Management Standards for State Agencies. S. The Performing Agency shall administer this grant in accordance with the Uniform Grant and Contract Management Standards for State Agencies which shall be considered a part of this contract. III. PAYMENT FOR SERVICES: The Receiving Agency shall pay for services received from federal appropriation items or accounts of the Receiving Agency from which like expenditures would normally be paid, based upon a Request for Advance or Reimbursement submitted by the Performing Agency on Form SF 270. The request will be only for the amount of funds required to meet disbursement needs for a one -month period, but should not be less than $250 per request. 0 Page 5 of 6 IV. TERM OF CONTRACT: This Contract is to begin September 1, 1993 and shall terminate August 31, 1994. V. BASES FOR CALCULATING REIMBURSABLE COST: Category Amount Equipment $ 0 Supplies 15,732 Contractual 40 Other 0 Total Direct Charges $ 15,772 Indirect Charges 1,424 TOTAL CONTRACT AMOUNT $ 17,196 Funds may be transferred among the above cost categories without amending this contract as long as the transfers do not require a scope change. This provision only applies to the above cost categories where dollars are budgeted. The transfer of funds process does not allow the total amount of the contract to be exceeded. VI. CONTRACT AMOUNT: The total amount of this contract shall not exceed: $17,196 Seventeen Thousand One Hundred Ninety -Six Dollars. Source of Funds in this Contract: LSCA Title I, FFY 1993 Carryover CFDA # 84-034 VII. APPLICABLE AND GOVERNING LAW: A. This Contract shall be governed by the laws of the State of Texas. 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 Contract is subject to availability of funds. Page 6 of 6 The undersigned Receiving Agency does hereby certify that (1) the services specified above are necessary and essential for activities that are properly within the statutory functions and programs of the affected agencies of state and local governments; (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 arrangements and payments contracted for are in compliance with the provisions for Programs of the Department of Education, the Rules and Regulations and the General Provisions of the Library Services and Construction Act, P.L. 101-254 and the State Library Plan for operation under the Library Services and Construction Act. RECEIVING AGENCY Texas State Library i William D. Gooch Typewritten Name Above Director and Librarian Title Date Type or print name of local fiscal officer responsible for account into which these funds are to be paid. "� "d a e of Fiscal Office Library Director Title (Must be an official of the Performing Agency) 1306 9th Street, Lubbock, TX 79401 ADDRESS (806) 767-2822 TELEPHONE NUMBER empowered to enter into contracts) David R. Langston Typewritten or Printed Name Above Mayor Title August 26, 1993 Date Type or print name of individual designated as the person entrusted with the safekeeping of the property acquired with grant funds. (If applicable) Jeffrey A. Rippel Name of Property Manager Library Director Position of Property Manager 1306 9th Street, Lubbock, TX 79401 ADDRESS (806) 767-2822 TELEPHONE NUMBER IV Contract #500.4 CONTRACT FOR INTERLIBRARY LOAN SERVICES This Contract and Agreement is entered into by and between the Texas State Library and Archives Commission and the Local Governmental Unit pursuant to the authority granted and in compliance with the provisions of V.T.C.A., Government Code § 441.006 General Powers and Duties, and Public Law 101-254, the Library Services and Construction Act. I. CONTRACTING PARTIES: The Receiving Agency: Texas State Library and Archives Commission The Performing Agency: City of Lubbock, Lubbock City -County Library II. STATEMENT OF SERVICES TO BE PERFORMED: A. The Receiving Agency will reimburse the Performing Agency for expenses incurred in processing and filling interlibrary loan requests for library materials and information from public, academic, and special libraries and for processing interlibrary loan requests originating with the Performing Agency. The Receiving Agency will also reimburse the Performing Agency for providing OCLC system use support to Texas Group selective user libraries in the Performing Agency's service area. B. The Performing Agency will provide free interlibrary loan service according to the operating procedures set by the Receiving Agency. C. The Performing Agency will add the following staff whose work assignments are exclusively to provide interlibrary loan services: .25 Librarian II (Group 307) 1 Senior Clerk Typist (Group 404) .75 Clerk Typist (Group 402) D. The Performing Agency will provide office equipment, OCLC terminal(s), printer(s), and telephone line(s) directly into the interlibrary loan office, telephone extension to local library telephones, and permit the terminal(s) to be connected without charge to an OCLC modem with line extenders or extended distance cables. E. The Performing Agency agrees to provide rapid and convenient access to its catalog of holdings and its circulation system for use without charge by the project staff. Page 2 of 7 F. The Performing Agency's budget allocations under this contract are predicated upon the following performance objectives: Fill 4,800 interlibrary loan requests from the Performing Agency's resources. 2. Process 18,000 interlibrary loan transactions. 3. Maintain an average response time of 24 hours for interlibrary loan requests. 4. Maintain an average turnaround time of 10.0 days for requests from the region filled by the Performing Ageency. 5. Maintain an average turnaround time of 20.0 days for requests referred to and filled by other libraries. G. The Performing Agency may charge expenditures against this grant only if they conform to the approved budget categories specified in Paragraph V. of this agreement and are for reimbursement of expenses incurred or obligated during the grant period. Grant funds may not be encumbered after August 31, 1994. By October 31, 1994 a final Financial Status Report will be submitted to the Receiving Agency and all unexpended funds will be returned or a final request for any funds due will be submitted. H. The Performing Agency agrees to audit all funds received under this contract. Such audit shall be conducted in accordance with Office of Management and Budget Circular A-128, Audits of State and Local Governments. The audit will be provided to the Receiving Agency no later than 360 days following the close of the city fiscal year. An audit report must be provided for each fiscal year in which funds from this grant are expended. For purposes of identification this grant must be designated in the audit report as Contract #500.4. Program income, including any credits or rebates which are awarded as a result of the activity of this contract, must be added to grant funds received under this contract and reported in the quarterly Financial Status Report. The Performing Agency may not use monies received under this grant to replace local funds during the period of the grant. Page 3 of 7 K. Any publication or presentation resulting from or primarily related to the work conducted under this contract shall contain the following disclaimer: The activity which is the subject of this report was supported in whole or in part by the U.S. Department of Education. However, the opinions expressed herein do not necessarily reflect the position or policy of the U.S. Department of Education and no official endorsement by the U.S. Department of Education should be inferred. Promotional materials, bibliographies, and other such short pieces should give the following acknowledgment: Published with funds granted by the Texas State Library under the Library Services and Construction Act, Public Law 101-254. L. The Performing Agency is free to copyright any books, publications or other materials developed as a result of this grant; however, the Receiving Agency reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use and to authorize others to use, the work for government purposes. M. The Performing Agency certifies by this contract that it is in full compliance with the assurances set forth in the Interlibrary Loan grant application submitted to the Receiving Agency which requested federal/state assistance. N. The Performing Agency agrees to retain all financial and programmatic records, supporting documents, statistical records, and any other records pertinent to this grant for a period of five (5) years. Such records shall be made accessible to the Secretary of Education, the Comptroller General of the United States, the State of Texas, or any of their duly authorized representatives, for the purpose of audits or examinations and to make excerpts or transcripts of any books, documents, papers, and other records of the Performing Agency. O. The Performing Agency agrees to maintain inventory records of nonexpendable personal property purchased with grant funds having a unit acquisition cost of $300 or more. The Performing Agency will submit a listing of all property purchased with grant funds which cost $300 or more to the Receiving Agency on the Form TSL 51-12, "Property Inventory Record," by October 31, 1994. The Performing Agency agrees to conduct inventories of such property every two years as set forth in the Common Rule for Uniform Adminis- trative Requirements for Grants and Cooperative Agreements to State and Local Governments. The Performing Agency further agrees that the Receiving Agency has the right to transfer all nonexpendable personal property, which includes equipment and library materials, acquired with funds from this grant and having a unit acquisition cost of $1,000 or more. Page 4 of 7 P. The Performing Agency agrees to secure the specific written approval of the Receiving Agency before obligating or expending grant funds for costs requiring grantor agency approval. The Receiving Agency authorizes the Performing Agency to expend grant funds for the following prior approval costs. Automatic Data Processing Costs OCLC/AMIGOS Network Service Fees $ 2,280 OCLC/AMIGOS Interlibrary Loan Subsystem - Use Charges 15,944 Building and Related Costs None Equipment None Insurance and Indemnification None Professional Services None Q. The Performing Agency agrees to provide the Receiving Agency with two sets of all promotional materials produced under this contract. R. The Performing Agency agrees to participate fully in any special study, survey, or other research and testing, which is designed to evaluate or improve interlibrary loan policies, procedures or management, when requested by the Receiving Agency. S. The Performing Agency will create a record of each interlibrary loan request (transaction sheet) and make this record available to the Receiving Agency upon demand. The Performing Agency will also submit Monthly Activity Reports and will submit turnaround time data records at least once a month. T. The Performing Agency agrees to submit a copy of the monthly AMIGOS invoice which includes the interlibrary loan usage or a report which contains usage information on the following OCLC product codes: 0431, 0314, 0961, 4501/4502, 4511, 4561, 3581, 3611, and 9572. This information must be submitted within five working days of receipt from AMIGOS Bibliographic Council, Inc. U. The Performing Agency agrees to submit five (5) Financial Status Reports to the Receiving Agency. Page 5 of 7 V. The Performing Agency will submit the reports required in Section T according to the following schedule: Reporting Period Due Date September 1, 1993 - November 30, 1993 December 29, 1993 December 1, 1993 - February 28, 1994 March 25, 1994 March 1, 1994 - May 31, 1994 June 24, 1994 June 1, 1994 - August 31, 1994 September 26, 1994 A final Financial Status Report will be submitted by October 31, 1994. W. The Performing Agency agrees to comply with the terms and conditions of this contract and acknowledges that failure to comply can result in grant suspension. Failure to submit required reports for a prior year grant can result in suspension of this grant. Suspension shall be effective fifteen (15) days after receiving written notification from the Receiving Agency. During the suspension, the Performing Agency shall be reimbursed for those costs which cannot be reasonably avoided provided they are allowable under the grant agreement. X. The contracting parties may terminate this contract by giving written notice at least thirty (30) days prior to the effective dates of such termination. Termination procedures shall adhere to the provisions of the Common Rule for Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Y. The Performing Agency 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 Performing Agency 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 subagreements. Z. The Performing Agency shall administer this grant in accordance with the Common Rule for Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments which shall be considered a part of this contract. III. PAYMENT FOR SERVICES: The Receiving Agency shall pay for services received from federal appropriation items or accounts of the Receiving Agency from which like expenditures would normally be paid, based upon a "Request for Advance or Reimbursement" submitted by the Performing Agency on Form SF 270. The request will be only for the amount of funds required to meet disbursement needs for a one -month period, but should not be less than $250 per request. IV. TERM OF CONTRACT: This contract is to begin September 1, 1993 and shall terminate August 31, 1994. El Page 6 of 7 V. APPLICABLE AND GOVERNING LAW: A. This Contract shall be governed by the laws of the State of Texas. 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 Contract is subject to availability of funds. VI. BASES FOR CALCULATING REIMBURSABLE COSTS: Category Amount Personnel $ 29,999 Fringe Benefits 11,207 Travel 50 Supplies 700 Contractual 18,438 Other 6,050 Total Direct Charges $ 66,444 Indirect Charges 6,000 (9.03% of direct costs) TOTAL CONTRACT AMOUNT $ 72,444 Funds may be transferred among the above cost categories without amending this contract as long as the cumulative transfers do not exceed ten (10) percent of the total budget. This provision only applies to the above cost categories where there are dollars budgeted and does not allow the total amount of the contract to be exceeded. VII. CONTRACT AMOUNT: Page 7 of 7 The total amount of this contract shall not exceed: $72,444 Seventy -Two Thousand Four Hundred Forty -Four Dollars Source of Funds in this Contract: Title 1, LSCA FY 1993 Carryover. CFDA # 84-034 The undersigned Receiving Agency does hereby certify that (1) the services specified above are necessary and essential for activities that are properly within the statutory functions and programs of the affected agencies of state and local governments; (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 arrangements and payments contracted for are in compliance with the provisions for Programs of the Department of Education, the Rules and Regulations and the General Provisions of the Library Services and Construction Act, P.L. 10 1 -254 and the State Library Plan for operation un4prIB—etikary Services and Construction Act. RECEIVING AGENCY Texas State Library i William D. Gooch Typewritten Name Above Director and Librarian Title 4Z— g .2. /yS 3 Date Type or print name of local fiscal officer responsible for account into which these funds are to be paid. %Oh a 12140 V Nan aelFiscal Offi Library Director Title (Must be an official of the Performing Agency) 1306 9th Street, Lubbock, TX ADDRESS (806) 767-2822 TELEPHONE NUMBER PERFO Sign'Fiture (Must be fin official 0 empowered to enter into contracts) David R. Langston Typewritten or Printed Name Above Mayor Title August 26, 1993 Date Type or print name of individual designated as the person entrusted with the safekeeping of the property acquired with grant funds. (If applicable) Jeff Rippel Name of Property Manager Library Director Position of Property Manager 1306 9th Street, Lubbock, TX79401 ADDRESS (806) 767-2822 TELEPHONE NUMBER Contract #499.9 CONTRACT FOR LIBRARY SYSTEMS SERVICES This Contract and Agreement is entered into by and between the Texas State Library and Archives Commission and the Local Governmental Unit pursuant to the authority granted and in compliance with the provisions of V.T.C.A., Government Code § 441.121 et. seq., the Library Systems Act; V.T.C.A., Government Code § 441.006, General Powers and Duties; and Public Law 101-254, the Library Services and Construction Act. CONTRACTING PARTIES: The Receiving Agency: Texas State Library and Archives Commission The Performing Agency: City of Lubbock, Lubbock City -County Library II. STATEMENT OF SERVICES TO BE PERFORMED: A. The Receiving Agency agrees to make a grant of monies to be used for the purpose of providing services to the Major Resource System as approved in the System's Annual Program of Services for 1994. B. The Performing Agency agrees to adhere to all regulations cited in the Rules for Administering the Library Systems Act, the Uniform Grant and Contract Management Standards for State Agencies. C. The Performing Agency may charge expenditures against this grant only if they conform to the system annual program of services and budget, as approved by the Receiving Agency, and are for reimbursement of expenses incurred or obligated during the grant period. Grant funds may not be encumbered after August 31, 1994. By October 31, 1994, a final Financial Status Report will be submitted to the Receiving Agency and all unexpended funds will be returned or a final request for funds due will be submitted. D. The Performing Agency agrees to audit all funds received under this contract. Such audit shall be conducted in accordance with Office of Management and Budget Circular A-128, Audits of State and Local Governments. The audit will be provided to the Receiving Agency no later than 360 days following the close of the city fiscal year. An audit report must be provided for each fiscal year in which funds from this grant are expended. For purposes of identification this grant must be designated in the audit report as Contract #499.9. E. Program income must be added to grant funds received under this contract and reported in the quarterly Financial Status Report. F. The Performing Agency may not use monies received under this grant to replace local funds during the period of the grant. Page 2 of 6 G. Any publication or presentation resulting from or primarily related to the work conducted under this contract shall contain the following disclaimer: The activity which is the subject of this report was supported in whole or in part by the U.S. Department of Education. However, the opinions expressed herein do not necessarily reflect the position or policy of the U.S. Department of Education and no official endorsement by the U.S. Department of Education should be inferred. Promotional materials, bibliographies, and other such short pieces should give the following acknowledgment: Published with funds granted by the Texas State Library under the Texas Library Systems Act V.T.C.A., Government Code § 441.121 et. seq. and the Library Services and Construction Act, P.L. 101-254. H. The Performing Agency is free to copyright any books, publications or other materials developed as a result of this grant; however, the Receiving Agency reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use and to authorize others to use, the work for government purposes. I. The Performing Agency certifies by this contract that it is in full compliance with the assurances set forth in the Annual Plan for System Service grant application submitted to the Receiving Agency which requested federal and/or state assistance. The Performing Agency agrees to retain all financial and programmatic records, supporting documents, statistical records, and any other records pertinent to this grant for a period of five (5) years. Such records shall be made accessible to the Secretary of Education, the Comptroller General of the United States, the State of Texas, or any of their duly authorized representatives, for the purpose of audits or examinations and to make excerpts or transcripts of any books, documents, papers, and other records of the Performing Agency. K. The Performing Agency agrees to maintain inventory records of nonexpendable personal property purchased with grant funds having a unit acquisition cost of $300 or more. The Performing Agency will submit a listing of all property purchased with grant funds which cost $300 or more to the Receiving Agency on the Form TSL 51-12, "Property Inventory Record," by October 31, 1994. The Performing Agency agrees to conduct a physical inventory of such property every two years as set forth in the Uniform Grant and Contract Management Standards for State Agencies. The Performing Agency further agrees that title to equipment and library materials purchased under this contract and having a unit acquisition cost of $300 or more, shall be vested in the Texas State Library. Title to library materials and equipment, with a unit cost of less than $300 purchased under this contract, shall be vested in the library for which the equipment and library materials were purchased as provided for in the Rules for Administering the Library Systems Act. Page 3 of 6 L. The Performing Agency agrees to secure the specific written approval of the Receiving Agency before obligating or expending grant funds for costs requiring grantor agency approval. The Receiving Agency authorizes the Performing Agency to expend grant funds for the following prior approval costs. Automatic Data Processing Costs None Building and Related Costs None Equipment None Insurance and Indemnification None Professional Services Tutor Trainers $2,500 M. The Performing Agency agrees to provide the Receiving Agency with two (2) sets of all promotional materials produced under this contract. N. The Performing Agency agrees to submit the System Project Evaluation Report Form and the Disadvantaged Services Report Form. The System Project Evaluation Reports are for the periods: (1) September 1, 1993 to February 28, 1994, due March 25, 1994 and (2) March 1, 1994 to August 31, 1994, due September 26, 1994. The Disadvantaged Services Report is for the period September 1, 1993 to August 31, 1994, due September 7, 1994. O. The Performing Agency agrees to submit the Key Performance Target Report to the Receiving Agency for the periods: (1) September 1, 1993 to November 30, 1993, due December 7, 1993 and (2) December 1, 1993 to February 28, 1994, due March 7, 1994 and (3) March 1, 1994 to May 31, 1994, due June 7, 1994 and (4) June 1, 1994 to August 31, 1994, due September 7, 1994. P. The Performing Agency agrees to submit the Local/System Objectives Report, the Uniform Statistical Report, and the Workshop Reporting Form to the Receiving Agency at the end of each quarter. Q. The Performing Agency agrees to submit quarterly Financial Status Reports for Contract#499.9 until all funds are expended or returned. A Financial Status Report must be submitted for each project funded under this contract. R. The Performing Agency will submit the reports required in Sections P and Q according to the following schedule: Reporting Period Due Date September 1, 1993 - November 30, 1993 December 29, 1993 December 1, 1993 - February 28, 1994 March 25, 1994 March 1, 1994 - May 31, 1994 June 24, 1994 June 1, 1994 - august 31, 1994 September 26, 1994 A final Financial Status Report will be submitted by October 31, 1993. Page 4 of 6 S. The Performing Agency agrees to notify the Receiving Agency in writing within seven (7) days of the employment or resignation of professional staff paid in whole or in part with grant funds. T. The Performing Agency agrees to comply with the terms and conditions of this contract and acknowledges that failure to comply can result in grant suspension. Failure to submit required reports for a prior year grant can result in suspension of this grant. Suspension shall be effective fifteen (15) days after receiving written notification from the Receiving Agency. During the suspension, the Performing Agency shall be reimbursed for those costs which cannot be reasonably avoided provided they are allowable under the grant agreement. U. The Performing Agency 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 Performing Agency 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 subagreements. V. The Contracting Parties may terminate this contract by giving written notice at least thirty (30) days prior to the effective dates of such termination. Termination procedures shall adhere to the provisions of the Uniform Grant and Contract Management Standards for State Agencies. W. The Performing Agency shall administer this grant in accordance with the Rules for Administering the Library Systems Act and the Uniform Grant and Contract Management Standards for State Agencies which shall be considered a part of this contract. III. PAYMENT FOR SERVICES: The Receiving Agency shall pay for services received from federal appropriation items or accounts of the Receiving Agency from which like expenditures would normally be paid, based upon a "Request for Advance or Reimbursement" submitted by the Performing Agency on SF 270. The request will be only for the amount of funds required to meet disbursement needs for a one -month period, but should not be less than $250 per request. IV. TERM OF CONTRACT: This Contract is to begin September 1, 1993 and shall terminate August 31, 1994. V. CONTRACT AMOUNT: The total amount of this Contract shall not exceed: $115,466 One Hundred Fifteen Thousand Four Hundred Sixty -Six Dollars Source of Funds in this Contract: LSCA, Title 11993 Carryover CFDA # 84-034 11 Page 5 of 6 VI. BASES FOR CALCULATING REIMBURSABLE COSTS EXPENSE Coll. CATEGORY Dev. LES Lit. TOTAL Personnel 0 265 515 780 Fringe Benefits 0 97 142 239 Travel 0 100 100 200 Equipment 0 0 0 0 Supplies 86,384 3100 12,700 102,184 Contractual 0 500 2,000 2,500 Other 0 0 0 0 TOTAL DIRECT 86,384 4,062 15,457 105,903 CHARGES Indirect Charges 7,800 367 1,396 9,563 (9.03% of Direct Charges) TOTAL 94,184 4,429 16,853 115,466 Funds may be transferred among the above projects and expense categories without amending this contract as long as the cumulative transfers do not exceed ten (10) percent of the total budget. This provision only applies to the above expense categories where dollars are budgeted and does not allow the contract to be exceeded. WTLS.94(Federal) SEPTEMBER 1, 1993 Page 6 of 6 VII. APPLICABLE AND GOVERNING LAW: A. This Contract shall be governed by the laws of the State of Texas. 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 Contract is subject to availability of funds. The undersigned Receiving Agency does hereby certify that (1) the services specified above are necessary and essential for activities that are properly within the statutory functions and programs of the affected agencies of state and local governments; (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 arrangements and payments contracted for are in compliance with the provisions for Programs of the Department of Education, the Rules and Regulations and the General Provisions of the Library Services and Construction Act, P.L. 101-254 the State Library Plan for operation under the Library Services and Construction Act. --_ RECEIVING AGENCY Texas State Library William D. Gooch Typewritten Name Above Director and Librarian Title July 30, 1993 Date Type or print name of local fiscal officer responsible for account into whi these funds aricto be paid. Nam o iscalOffice Library Director Title (Must be an official of the Performing Agency) 1306 9th Street, Lubbock, TX 79401 ADDRESS (806) 767-2822 TELEPHONE NUMBER G Si'grafure (Must be M officiale ripowered to enter into contracts) U David R. Langston Typewritten or Printed Name Above Mayor Title August 26, 1993 Date Type or print name of individual designated as the person entrusted with the safekeeping of the property acquired with grant funds. Jeff Rippel Name of Property Manager Library Director Position of Property Manager 1306 9th Street, Lubbock, TX 79401 ADDRESS (806) 767-2822 TELEPHONE NUMBER Contract 4498.9 CONTRACT FOR LIBRARY SYSTEMS SERVICES This Contract and Agreement is entered into by and between the Texas State Library and Archives Commission and the Local Governmental Unit pursuant to the authority granted and in compliance with the provisions of V.T.C.A., Government Code § 441.121 et. seq., the Library Systems Act; V.T.C.A., Government Code § 441.006, General Powers and Duties; and Public Law 101-254, the Library Services and Construction Act. I. CONTRACTING PARTIES: The Receiving Agency: Texas State Library and Archives Commission The Performing Agency: City of Lubbock, Lubbock City -County Library II. STATEMENT OF SERVICES TO BE PERFORMED: A. The Receiving Agency agrees to make a grant of monies to be used for the purpose of providing services to the Major Resource System as approved in the System's Annual Program of Services for 1994. B. The Performing Agency agrees to adhere to all regulations cited in the Rules for Administering the Library Systems Act and the Uniform Grant and Contract Management Standards for State Agencies. C. The Performing Agency may charge expenditures against this grant only if they conform to the annual program of services and budget, as approved by the Receiving Agency. Grant funds may not be encumbered after August 31, 1994. By October 31, 1994, a final Financial Status Report will be submitted to the Receiving Agency and all unexpended funds will be returned or a final request for funds due will be submitted. All provisions of the Uniform Grants and Contract Management Standards for State Agencies except as noted in Rule 1.97 (1) of the Rules for Administering the Library Systems Act (13 TAC Chapter 1) will apply to this contract after the end of the fiscal year in which they were granted, including prior approval of certain expenditures, scope changes, and budget amendments. If the Performing Agency ceases to be the contracting agent for the Major Resource System, all unexpended grant, program income, and interest funds must be transferred to the new contracting agent. D. The Performing Agency agrees to audit all funds received under this contract. Such audit shall be conducted in accordance with Office of Management and Budget Circular A-128, Audits of State and Local Governments. The audit will be provided to the Receiving Agency no later than 360 days following the close of the city fiscal year. Page 2 of 7 An audit report must be provided for each fiscal year in which funds from this grant are expended. For purposes of identification this grant must be designated in the audit report as Contract #498.9. E. Program income must be added to grant funds received under this contract and reported in the quarterly Financial Status Report. F. The Performing Agency may not use monies received under this grant to replace local funds during the period of the grant. G. Any publication or presentation resulting from or primarily related to the work conducted under this contract shall contain the following disclaimer: The activity which is the subject of this report was supported in whole or in part by the U.S. Department of Education. However, the opinions expressed herein do not necessarily reflect the position or policy of the U.S. Department of Education and no official endorsement by the U.S. Department of Education should be inferred. Promotional materials, bibliographies, and other such short pieces should give the following acknowledgment: Published with funds granted by the Texas State Library under the Texas Library Systems Act V.T.C.A., Government Code § 441.121 et. seq. and the Library Services and Construction Act, P.L. 101-254. H. The Performing Agency is free to copyright any books, publications or other materials developed as a result of this grant; however, the Receiving Agency reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use and to authorize others to use, the work for government purposes. I. The Performing Agency certifies by this contract that it is in full compliance with the assurances set forth in the Annual Plan for System Service grant application submitted to the Receiving Agency which requested federal and/or state assistance. J. The Performing Agency agrees to retain all financial and programmatic records, supporting documents, statistical records, and any other records pertinent to this grant for a period of five (5) years. Such records shall be made accessible to the Secretary of Education, the Comptroller General of the United States, the State of Texas, or any of their duly authorized representatives, for the purpose of audits or examinations and to make excerpts or transcripts of any books, documents, papers, and other records of the Performing Agency. Page 3 of 7 K. The Performing Agency agrees to maintain inventory records of nonexpendable personal property purchased with grant funds having a unit acquisition cost of $300 or more. The Performing Agency will submit a listing of all property purchased with grant funds which cost $300 or more to the Receiving Agency on the Form TSL 51-12, "Property Inventory Record," by October 31, 1994. The Performing Agency agrees to conduct a physical inventory of such property every two years as set forth in the Uniform Grant and Contract Management Standards for State Agencies. the Performing Agency further agrees that title to equipment and library materials purchased under this contract and having a unit acquisition cost of $300 or more shall be vested in the Texas State Library. Title to library materials and equipment with a unit cost of less than $300 purchased under this contract shall be vested in the library for which the equipment and library materials were purchased as provided for in the Rules for Administering the Library Systems Act. L. The Performing Agency agrees to secure the specific written approval of the Receiving Agency before obligating or expending grant funds for costs requiring grantor agency approval. The Receiving Agency authorizes the Performing Agency to expend grant funds for the following prior approval costs. Automatic Data Processing Costs 10 Microcomputers, IBM PC Compatible, 80MB Hard Disk, Monitor, Fax Board @ $2,500 $ 25,000 Building and Related Costs None Equipment None Insurance and Indemnification None Professional Services Audit 2,000 Workshop Presenters 1,750 M. The Performing Agency agrees to provide the Receiving Agency with two (2) sets of all promotional materials produced under this contract. Page 4 of 7 N. The Performing Agency agrees to submit the System Project Evaluation Report Form and the Disadvantaged Services Report Form. The System Project Evaluation Reports are for the periods: (1) September 1, 1993 to February 28, 1994, due March 25, 1994 and (2) March 1, 1994 to August 31, 1994, due September 26, 1994. The Disadvantaged Services Report is for the period September 1, 1993 to August 31, 1994 and is due September 26, 1994. O. The Performing Agency agrees to submit the Key Performance Target Report to the Receiving Agency for the periods: (1) September 1, 1993 to November 30, 1993, due December 7, 1993 and (2) December 1, 1993 to February 28, 1994, due March 7, 1994 and (3) March 1, 1994 to May 31, 1994, due June 7, 1994 and (4) June 1, 1994 to August 31, 1994, due September 7, 1994. P. The Performing Agency agrees to submit the Local/System Objectives Report, the Uniform Statistical Report, and the Workshop Reporting Form to the Receiving Agency at the end of each quarter. Q. The Performing Agency agrees to submit quarterly Financial Status Reports for Contract 498.9 until all funds are expended or returned. A Financial Status Report must be submitted for each project funded under this contract. R. The Performing Agency will submit the reports required in Sections P and Q according to the following schedule: Reporting Period Due Date September 1, 1993 - November 30, 1993 December 29, 1993 December 1, 1993 - February 29, 1994 March 25, 1994 March 1, 1994 - May 31, 1994 June 24, 1994 June 1, 1994 - August 31, 1994 September 26, 1994 S. The Performing Agency agrees to notify the Receiving Agency in writing within seven (7) days of the employment or resignation of professional staff paid in whole or in part with grant funds. T. The Performing Agency agrees to comply with the terms and conditions of this contract and acknowledges that failure to comply can result in grant suspension. Failure to submit required reports for a prior year grant can result in suspension of this grant. Suspension shall be effective fifteen (15) days after receiving written notification from the Receiving Agency. During the suspension, the Performing Agency shall be reimbursed for those costs which cannot be reasonably avoided provided they are allowable under the grant agreement. U. The Performing Agency 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 Performing Agency 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 subagreements. Page 5 of 7 V. The Contracting Parties may terminate this contract by giving written notice at least thirty (30) days prior to the effective dates of such termination. Termination procedures shall adhere to the provisions of the Uniform Grant and Contract Management Standards for State Agencies. W. The Performing Agency shall administer this grant in accordance with the Rules for Administering the Library Systems Act, the Common Rule, and the Uniform Grant and Contract Management Standards for State Agencies, which shall be considered a part of this contract, except for the particular exceptions noted in Paragraph C. III. PAYMENT FOR SERVICES: The Receiving Agency shall pay for services received from federal appropriation items or accounts of the Receiving Agency from which like expenditures would normally be paid. The Receiving Agency shall disburse the funds payable under this contract upon the return of this amendment signed by the Performing Agency. IV. TERM OF CONTRACT: This Contract is to begin September 1, 1993 and shall terminate August 31, 1994 contingent upon the approval and release of appropriations for State Fiscal Year 1994 by the official governing bodies of the State of Texas to the Receiving Agency. V. APPLICABLE AND GOVERNING LAW: A. This Contract shall be governed by the laws of the State of Texas. 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 Contract is subject to availability of funds. VI. CONTRACT AMOUNT: The total amount of this contract shall not exceed: $319,209 Three Hundred Nineteen Thousand Two Hundred Nine Dollars Source of Funds in this Contract: SFY 1994 General Revenue Page 6 of 7 VII. BASES FOR CALCULATING REIMBURSABLE COSTS EXPENSE AV Cont. Coll. CATEGORY Admin. Services Cnslq. Educ. Dev. Pub. Auto. TOTAL Personnel 57,590 19,944 15,221 5,961 5,750 2,485 1,472 108,423 Fringe Benefits 16,937 6,682 4,216 1,615 1,873 791 396 32,510 Travel 3,500 0 2,000 400 0 0 0 5,900 Equipment 0 0 0 0 0 0 25,000 25,000 Supplies 4,500 17,750 2,200 175 30,584 2,100 5,000 62,309 Contractual 10,100 0 0 1,750 41,180 0 0 53,030 Other 5,400 200 0 0 0 0 0 5,600 TOTAL DIRECT 98,027 44,576 23,637 9,901 79,387 5,376 31,868 292,772 CHARGES Indirect Charges 8,852 4,025 2,134 894 7,169 485 2,878 26,437 (9.03% of Direct Charges) TOTAL 106,879 48,601 25,771 10,795 86,556 5,861 34,746 319,209 Funds may be transferred among the above projects and expense categories without amending this contract as long as the cumulative transfers do not exceed ten (10) percent of the total budget. This provision only applies to the above expense categories where dollars are budgeted and does not allow the contract to be exceeded. WTLS.94(State) SEPTEMBER 1, 1993 Page 7 of 7 The undersigned Receiving Agency does hereby certify that (1) the services specified above are necessary and essential for activities that are properly within the statutory functions and programs of the affected agencies of state and local governments; (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 arrangements and payments contracted for are in compliance with the provisions for Programs of the Department of Education, the Rules and Regulations and the General Provisions of the Library Services and Construction Act, P.L. 101-254 and the State Library Plan for operation under the Library Services and Construction Act. RECEIVING AGENCY Texas State Library MAWNZI - /.� William D. Gooch Typewritten Name Above Director and Librarian Title July 30, 1993 Date Type or print name of local fiscal officer responsible for account into whic these funds ar� be paid. Namljlgscdl Officer Library Director Title (Must be an official of the Performing Agency) 1306 9th Street, Lubbock, TX 79401 ADDRESS (806) 767-2822 TELEPHONE NUMBER Cep Signature (MuV - an to enter into contracts empowered David R. Langston Typewritten or Printed Name Above Mayor Title August 26, 1993 Date Type or print name of individual designated as the person entrusted with the safekeeping of the property acquired with grant funds. Jeff Rippel Name of Property Manager Library Director Position of Property Manager 1306 9th Street, Lubbock, TX 79401 ADDRESS (806) 767-2822 TELEPHONE NUMBER RESOLUTION WHEREAS, the City of Lubbock annually contracts with the Texas State Library for various grants in support of its role as a Major Resource Center in the West Texas Library System; and WHEREAS, such grants serve to improve and expand the program of the Lubbock City -County Library; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock the following named grant contracts and associated documents with the Texas State Library: a) Urban Library Aid Contract (Contract No. 505.13); b) Contract for Library System Services (Contract No. 498.9); c) Contract for Library System Services (Contract No. 499.9); and d) Contract for Interlibrary Loan Services (Contract No. 500.4). Said contracts, attached herewith, shall be spread upon this Council and shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this day of ATTEST: Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: e 4V/' Ripi rary Director APPROVED AS TO FORM: Dop4ld G. n fiver, Tirst Assistant City Attorney DGV:de/AGENDA-D1/LI8GRANT.res August 12, 1993 , 1993. DAVID R. LANGSTON, AYO �Az_ V4 i (k.' i�_ !� I VL w William D. Gooch Director and Librarian August 8, 1994 Jeffrey A. Rippel, Director Lubbock City -County Library 1306 Ninth Street Lubbock, Texas 79401 Dear Mr. Rippel: Resolution No. 4245 August 26, 1993 - -' III f Lorenzo de Zatiala State Ambives and Library Building 1201 Brazos We are amending your Interlibrary Loan Contract #500.4 per Elaine Berg's request. The Budget revision has been approved and the contract amount is being increased. Paragraphs VI and VII are amended to read as follows: VI. BASES FOR CALCULATING REEMBURSABLE COSTS: Cate_goor Personnel Fringe Benefits Travel Supplies Contractual Other Total Direct Charges Indirect Charges (9.03% of direct costs) TOTAL CONTRACT AMOUNT VII. CONTRACT AMOUNT The total amount of this contract shall not exceed $ 73,030. Seventy -Three Thousand Thirty Dollars Source of Funds in this Contract: Title I, LSCA FY 1993 Carryover CFDA # 84-034 Amount $ 30,811 7,863 150 800 18,058 9,300 $66,982 6,048 $ 73,030 P.O. Box 12927 Austin. Texas 78771-2927 (512) 463-5460 FAX (572) 463-5436 '7 Jeffrey A. Rippel August 8, 1994 Page 2 of 2 This contract amendment should be signed and returned to the Texas State Library to indicate your agreement with its terms. The amendment must be returned by August 31, 1994 or it will be considered void. If you have any questions regarding this letter, or if our office may be of assistance to you in any way, please do not hesitate to contact me. Sincerely, M&on 4 Rebecca Linton Resource Sharing Network Consultant Library Development Division RL:ch CONCURRENCE: Texas State Library By: vl Raymon Hitt Assistant Director and Librarian Date: 2f ' � ' �� Approved: t Fiscal Officer Texas State Library Government Date: August 12, 1994