HomeMy WebLinkAboutResolution - 5699 - Contract - TSLAC - Major Urban Resource Library - 11_13_1997RESOLUTION NO. 5699
Item #22
November 13, 1997
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Major Urban Resource Library Contract
between the City of Lubbock and the Texas State Library and Archives Commission, attached
hereto, and which Contract shall be spread upon the minutes of the Council and as spread upon
the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein
in detail.
Passed by the City Council this 13th day of November , 1997.
WINDY SIT ON, MAYOR
ATTEST:
Kayt a Darnell, City Secretary
APPROVED AS TO CONTENT:
e Rippel, rary Director
APPROVED AS TO FORM:
AaroldVilfleaX—rd, Assistant City Attorney
HW:gs/ccdocs/ MjUrban.res
October 20, 1997
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RESOLUTION NO. 5699
Item #22
November 13, 1997
Contract #
594.15
Index #
50413
PCA #
81071
MAJOR URBAN RESOURCE LIBRARY CONTRACT
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 Texas Government Code § 441.006, General Powers and Duties, and Public Law 101-
254, the Library Services and Construction Act (LSCA).
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 non-residents as approved in the Performing Agency's grant application for state
fiscal year 1998. The Performing Agency agrees to support and expand the on -site use of the
collection and provide reference services without charge to persons living outside the political
subdivision(s) that financially support(s) the library; non-residents must receive these services
under the same conditions as residents. The Performing Agency agrees to foster and encourage
the sharing of library resources to non-residents to the maximum extent possible. The
Performing Agency agrees to adhere to all of the requirements set forth in the Major Urban
Resource Libraries Revised Program Guidelines SFY 1998.
B. The Performing Agency agrees to adhere to all regulations cited in the Uniform Grant and
Contract Management Standards for State Agencies produced by the Governor's Office of
Budget and Planning which shall be considered a part of this contract. This grant is also subject
to federal regulations contained in Title 34 Code of Federal Regulations 76 Library Services
and Construction Act State -Administered Program and 34 Code of Federal Regulations 770
State -Administered Program.
C. The Performing Agency may charge expenditures against this contract only if they are allowable
under Title I of the Library Services and Construction Act, conform to the grant application
and budget, as approved by the Receiving Agency, and are for expenses incurred or obligated
during the grant period. Grant funds may not be obligated after August 31, 1998. By October
31, 1998, a final Financial Status Report and the last Request for Advance or
Reimbursement must be submitted to the Receiving Agency and all unexpended funds must be
returned to the Receiving Agency.
D. The Performing Agency agrees to audit all funds received under this contract if required by
OMB Circular A-133. The audit is an allowable cost only if the audit is required by OMB
Circular A-133. The audit will be provided to the Receiving Agency no later than 365 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.
i0
Performing Agency Receiving Agency
Page 2 of 6
E. .Program income must be added to grant funds received under this contract and reported in item
12 of 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 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
and certifications submitted to the Receiving Agency.
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 seven
(7) years. Such records shall be made accessible to the Institute of Museum and Library
Services, 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. All records pertaining to property purchased with grant funds must be
retained for seven (7) years following the date of disposition.
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,
1998. The Performing Agency agrees to conduct a physical inventory of such property every two
iO in 4
Performing Agency Receiving Agency
Page 3 of 6
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.
L. The Performing Agency agrees to conform to bid specifications as submitted to the Receiving
Agency. 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 FirstSearch databases $26,189
Building and Related Costs
None
Equipment
None
Insurance and Indemnification
None
Professional Services
Auditor $40
M. The Performing Agency agrees to provide the Receiving Agency with two (2) sets of all
promotional materials produced under this contract.
N. The State Legislature has charged the Receiving Agency with submitting performance
measurement reports that specify the level of services provided by its programs and services.
The Performing Agency recognizes the importance of submitting certifiable performance
measurements and agrees to submit reports that are timely, accurate, auditable, and consistent
with definitions. The Performing Agency further understands that its failure to comply may
result in suspension, termination, or other sanctions.
O. The Performing Agency agrees to submit MURL Project Evaluation Reports according to the
following schedule:
Reporting Period
September 1, 1997 - February 28, 1998
March 1, 1998 - August 31, 1998
1
Performing Agency
Due Date
March 25, 1998
September 25, 1998
law /OfiOwl
Receiving Agency
Page 4 of 6
P. The Performing Agency agrees to submit the MURL Uniform Statistical Reports and
Explanation of Variance Reports to the Receiving Agency according to the following
schedule:
Reporting Period Due Date
September 1, 1997 - November 30, 1997 December 8, 1997
December 1, 1997 - February 28, 1998 March 6, 1998
March 1, 1998 - May 31, 1998 June 8, 1998
June 1, 1998 - August 31, 1998 September 7, 1998
Q. The Performing Agency agrees to submit Financial Status Reports to the Receiving Agency
according to the following schedule:
Reportin P� eriod Due Date
September 1, 1997 - November 30, 1997 December 30, 1997
December 1, 1997 - February 28, 1998 March 25, 1998
March 1, 1998 - May 31, 1998 June 25, 1998
June 1, 1998 - August 31, 1998 September 25, 1998
A final Financial Status Report will be submitted by October 31, 1998.
R. 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.
S. 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.
T. 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.
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 OMB Standard
Form 270. Advances of $250 or more may be requested. The Performing Agency must have and
follow procedures that minimize the time elapsing between the receipt and the disbursement of
advanced grant funds.
1 iu to 9
Performing Agency Receiving Agency
Page 5 of 6
IV. TERM OF CONTRACT:
This Contract is to begin September 1, 1997 and shall terminate August 31, 1998.
V. BASES FOR CALCULATING REIMBURSABLE COSTS:
CategoryAmount
Equipment $ 0
Supplies 0
Contractual 0
Other 26.189
Total Direct Charges $ 26,189
Indirect Charges 2.409
TOTAL CONTRACT AMOUNT $ 28,598
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: $28,598
Twenty -Eight Thousand Five Hundred Ninety -Eight Dollars
Source of Funds in this Contract: LSCA, Title I Federal Fiscal Year 1997 Carryover
CFDA # 84.034
VH. 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.
ro 0
Performing Agency Receiving Agency
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, Public Law 101-254 and the State Library Plan
for operation under the Library Services and Construction Act.
RECEIVING AGENCY
Texas State Library and
Archives Commission
ilk
Robert S. Martin
Director and Librarian
October 10, 1997
Date
Type or print name of local fiscal officer
responsible for account into which these
funds are to be paid.
Jeff Rippel
Name of Fiscal Officer
Library Director
Title (Must be an official of the Performing
Agency)
1306 9th Street
Address
(806)775-2822
Telephone Number
PERFORMING AGENCY
City of Lubbock
Lubbock City -County Library
Signature (M t be an official
empowered to enter into contracts)
Windy Sitton
Typewritten or Printed Name Above
Mayor
Title
►e -ttM
r.
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
Title of Property Manager
1306 9th Street
Address
(806)775-2822
Telephone Number
APPROVED AS TO FORM:
Ha ld Willard, Assistant C y Attorney
ATTEST:
Kayt ie arnell, Lftty4S�ec"—retar