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HomeMy WebLinkAboutResolution - 5650 - Contracts - TSLAC - 1 Interlibrary Loan Services, 2 Library Systems Services - 10_09_1997RESOLUTION NO. 5650 Item #18 October 9, 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 Contract for Interlibrary Loan Services (#601.7) and two Contracts for Library Systems Services (#599.9 and #600.9) with the Texas State Library and Archives Commission, and all related documents to any of such Contracts which 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 9 th day of October 4 ATTEST: /" &Wi& - - Kayt ' Darnell, City Secretary APPROVED AS TO CONTENT: i L1. J'efPWippe1.0t&rary Director APPROVED AS TO FORM: Harold Willard, Assistant City Attorney HW: gs/ccdoc&UbLoan.res September 23, 1997 1997. RESOLUTION NO. 5650 Item #18 October 9,1997 Contract # 599.9 Index # 50412 PCA # 82000 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 Texas Government Code § 441.121 et. seq., the Library Systems Act; 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 H. 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 Plan of Service for State FY 1998. The Performing Agency agrees that any activities conducted as part of this contract shall conform to the System Plan of Service Program Guidelines for SFY 1998. System activities shall support and encourage the active and successful participation by libraries in services offered by the system and the Receiving Agency. 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 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 grant only if they are allowable under Title I of the Library Services and Construction Act, conform to the System's State FY98 Plan of Service 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 and all unexpended funds must be returned to the Receiving Agency. D. The Performing Agency agrees to audit all funds received under this contract in accordance with the Uniform Grant and Contract Management Standards, produced by the Governor's Office of Budget and Planning. The audit will be provided to the Receiving Agency no later than 365 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. E. Program income must be added to grant funds received under this contract and reported in item 12 of the quarterly Financial Status Report. t Page 2 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 (Texas 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 will comply with the assurances and certifications submitted to the Receiving Agency. J. The Performing Agency agrees to retain all financial, performance, and compliance reports 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 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 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 11 Compaq Deskpro 2000 5133/1200, 16MB, 1.2 GB; 33.6KB, Internal Modem; 15" Viewsonic, Deskpro 2000, @$1,641 $18,051 HP Laser 5 Printer with Accessories 1,495 Data Processing Fees 4,500 CD-ROM Union Database 5,000 Building and Related Costs None Equipment None Insurance and Indemnification None Professional Services Workshop Presenters $1,200 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 Uniform Statistical Reporting Form for Systems and the Local/Systems Objectives Report to the Receiving Agency at the end of each month. O. The Performing Agency agrees to submit the Key Performance Target Report to the Receiving Agency according to the following schedule: Reoortin 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 Page 4 P. The Performing Agency agrees to submit the Financial Status Report for each project funded under this contract according to the following schedule: Reportine Period 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. Q. 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. R. The Performing Agency agrees to submit the Regional Public Library Systems Project Evaluation Report according to the following schedule: Reporting Period Due Date September 1, 1997 - February 28, 1998 March 25, 1998 March 1, 1998 -August 31, 1998 September 25, 1998 S. The Performing Agency will submit the Regional Public Library Systems Disadvantaged Services Report and the Workshop Reporting Forms for the period of September 1, 1997 to August 31, 1998, due September 25, 1998. T. 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. U. 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. V. 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 W. 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 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 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. Rule 1.97 (a) of the Rules for Administering the Library Systems Act shall not be applicable during the term of this contract. IV. TERM OF CONTRACT: This Contract is to begin September 1, 1997 and shall terminate August 31, 1998. V. CONTRACT AMOUNT: The total amount of this Contract shall not exceed: $ 249,024 Two Hundred Forty -Nine Thousand Twenty -Four Dollars Source of Funds in this Contract: State Fiscal Year 1998 General Revenue VI. BASES FOR CALCULATING REIMBURSABLE COSTS EXPENSE Audio Collection Continuing Networked CATEGORY Administration Visual Automation Development Consulting Education Resources Publicity TOTAL Personnel 60,454 22,039 7,248 0 19,085 6,874 0 890 116,590 Fringe Benefits 20,568 8,352 2,195 0 6,132 2,107 0 351 39,705 Travel 3,500 0 0 0 2,000 400 0 0 5,900 Equipment 3,135 0 0 0 0 0 16,400 0 19,535 Supplies 1,005 6,000 0 1,297 900 100 0 3,500 12,802 Contractual 7,200 0 5,000 0 0 1,200 0 0 13,400 Other 4,200 3,200 0 0 200 75 4,465 0 12,140 TOTAL DIRECT CHARGES 100,062 39,591 14,443 1,297 28,317 10,756 20,865 4,741 220,072 Indirect Charges (9.03% of Direct Charges) 9,036 3,575 1,304 117 2,557 971 1,884 428 19,873 TOTAL 109,098 43,166 15,747 1,414 30,874 11,727 22,749 5,169 239,945 Reserved for Allocation 9,079 TOTAL 249,024 TRANFERS 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 00) 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. RESERVED FOR ALLOCATION The Reserved for Allocation funds must be transferred to other cost categories for one or more projects. The funds may not be obligated until the transfer has been requested and approved as a contract amendment. The request must be made on a Program Revision Form by December 1, 1997 and the changes you propose should closely track your System Biennial Plan. d m m 0 Lubbock/WTLS (State Contract #599.9) September 1, 1997 Page 7 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 and the State Library Plan for operation under the Library Services and Construction Act. RECEIVING AGENCY Texas State Library and Archives Commission z S�:6 � W;t 7 - Raymond Hid, Assistant State Librarian August 28, 1997 Date Approved: Catherine Lee, Chief Fiscal Officer 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 Lubbock, TX 99401 Address (806)775-2822 Telephone Number PERFORMING AGENCY City of Lubbock Lubbock City-Cou Library V c Signature Must1be an official empowered to enter into contracts) Windy Si tton Typewrittep or Printed Name Above' Titre September 25, 1997 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 Directnr Title of Property Manager 1306 9th Street Lubbock, TX 79401 Address (806)775-2822 Telephone Number RESOLUTION NO. 5650---f Item #18 October 9,1W Contract # 600.9 Index # 50412 PCA # 82071 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 Texas Government Code § 441.121 et. seq., the Library Systems Act; 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 H. 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 Plan of Service for State FY 1998. The Performing Agency agrees that any activities conducted as part of this contract shall conform to the System Plan of Service Program Guidelines for SFY 1998. System activities shall support and encourage the active and successful participation by libraries in services offered by the system and the Receiving Agency. 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 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 grant only if they are allowable under Title I of the Library Services and Construction Act, conform to the System's State FY98 Plan of Service 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 and all unexpended funds must be returned to the Receiving Agency. D. The Performing Agency agrees to audit all funds received under this contract in accordance with the Uniform Grant and Contract Management Standards, produced by the Governor's Office of Budget and Planning. The audit will be provided to the Receiving Agency no later than 365 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. 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. Page 2 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 (Texas 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 will comply with the assurances and certifications submitted to the Receiving Agency. J. The Performing Agency agrees to retain all financial, performance, and compliance reports 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 properly 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 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 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 None Building and Related Costs None Equipment None Insurance and Indemnification None Professional Services Lease Books Tutor Trainers $26,546 200 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 Uniform Statistical Reporting Form for Systems and the Local/Systems Objectives Report to the Receiving Agency at the end of each month. O. The Performing Agency agrees to submit the Key Performance Target Report to the Receiving Agency according to the following schedule: Reportin Period eriod 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 P. The Performing Agency agrees to submit the Financial Status Report for each project funded under this contract according to the following schedule: Reportin Period 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. Page 4 Q. 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. R. The Performing Agency agrees to submit the Regional Public Library Systems Project Evaluation Report according to the following schedule: Reporting Period Due Date September 1, 1997 - February 28, 1998 March 25, 1998 March 1, 1998 -August 31, 1998 September 25, 1998 S. The Performing Agency will submit the Regional Public Library Systems Disadvantaged Services Report and the Workshop Reporting Forms for the period of September 1, 1997 to August 31, 1998, due September 25, 1998. T. 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. U. 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. V. 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 fiuther 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. W. 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 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 fiends. Page 5 IV. TERM OF CONTRACT: This Contract is to begin September 1, 1997 and shall terminate August 31, 1998. V. CONTRACT AMOUNT: The total amount of this Contract shall not exceed: $177,661 One Hundred Seventv-Seven Thousand Six Hundred Sixty -One Dollars Source of Funds in this Contract: LSCA, Title I Federal FY 1997 Carryover CFDA # 84.034 I I � Page 6 VI. BASES FOR CALCULATING REIMBURSABLE COSTS EXPENSE Collection Limited English CATEGORY Development Speaking Literacy TOTAL Personnel 5,038 306 814 6,158 Fringe Benefits 1,937 124 243 2,304 Travel 0 0 0 0 Equipment 0 0 0 0 Supplies 118,639 1,000 8,000 127,639 Contractual 26,546 0 200 26,746 Other 0 50 50 100 TOTAL DIRECT CHARGES 152,160 1,480 9,307 162,947 Indirect Charges 19.03% of Direct Charges) 13,740 134 840 14,714 TOTAL 165,900 1,614 10,147 177,661 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. Lubbock/wTLS (Federal Contract # 600.9) September 1, 1997 Page 7 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 and the State Library Plan for operation under the Library Services and Construction Act. RECEIVING AGENCY Texas State Library and Archives Commission Raymond Hitt, Assistant State Librarian August 28, 1997 Date Approved: Qxa� �'� y_Q_J2__ Catherine Lee, Chief Fiscal Officer 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 Lubbock, TX 79401 Address (806)775-2822 Telephone Number PERFORMING AGENCY City of Lubbock Lubbock City -County Library i a e s e an official empowered to enter o contracts) Windy Sitton Typewritten or Printed Name Above Mayor Title September 25, 1997 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. Title of Property Manager 1306 9th Street Lubbock, TX 79401 Address (806)775-2822 Telephone Number yJ, - .t4 CONTRACT FOR INTERLIBRARY LOAN SERVICES RESOLUTION NO.5650 Item #18 October 9, Contract # 601.7 Index # 50423 PCA # 81071 This Contract and Agreement is entered into by and between the State agencies shown below as Contracting Parties, pursuant to the authority granted and in compliance with the provisions of Texas Government Code § 441.006, General Powers and Duties, Texas Government Code § 771.001, The Interagency Cooperation Act 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 11. 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 telephone line(s) directly into the interlibrary loan office, telephone extension to local library telephones, and permit the computer(s) to be connected without charge to an OCLC modem with line extenders or extended distance cables, or other appropriate technology. 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 6 F. The Performing Agency's budget allocations under this contract are predicated upon the following performance objectives: 1. Fill 13,500 interlibrary loan requests from the Performing Agency's resources. 2. Process 20,000 interlibrary loan transactions. 3. Maintain an average response time of 24 hours for interlibrary loan requests. 4. Maintain a maximum turnaround time of 10.0 days for requests from the region filled by the Performing Agency. 5. Maintain a maximum 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 are allowable under Title I of the Library Services and Construction Act, conform to the approved budget categories specified in Paragraph V. of this agreement and are for expenses incurred or obligated during the grant period. Grant funds may not be encumbered after August 31, 1998. By October 31, 1998, a final Financial Status Report and the last Request for Advance or Reimbursement must be submitted and all unexpended funds must be returned to the Receiving Agency. H. The Performing Agency agrees to audit all funds received under this contract in accordance with the Uniform Grant and Contract Management Standards, produced by the Governor's Office of Budget and Planning. The audit will be provided to the Receiving Agency no later than 365 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. I. 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 item 12 of the quarterly Financial Status Report. I The Performing Agency may not use monies received under this grant to replace local funds during the period of the grant. 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. Page 3 of 6 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 will comply with the assurances and certifications submitted to the Receiving Agency. 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 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. 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, 1997. 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 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. P. 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 None Building and Related Costs None Equipment None Insurance and Indemnification None Professional Services None Page 4 of 6 Q. The Performing Agency agrees to provide the Receiving Agency with two (2) 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 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 the definitions. The Performing Agency further understands that its failure to comply may result in suspension, termination, or other sanctions. T. 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. U. The Performing Agency agrees to submit the Financial Status Reports to the Receiving Agency according to the following schedule: Reporting Period 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 fmal Financial Status Report will be submitted by October 31, 1998. V. 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. W. 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. X. 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. Y. 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. J Page 5 of 6 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 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. 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 Personnel $34,206 Fringe Benefits 9,217 Travel 400 Supplies 750 Contractual 215 Other 11,500 Total Direct Charges $56,288 Indirect Charges 5,083 TOTAL CONTRACT AMOUNT $61,371 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. VI. CONTRACT AMOUNT: The total amount of this contract shall not exceed: $61,371 Six -One Thousand Three Hundred Seventy -One Dollars Source of Funds in this Contract: LSCA, Title I Federal Fiscal Year 1997 Carryover CFDA # 84.035 *ic ,,..# Page 6 of 6 VIL 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 supplies 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 PERFORMING AGENCY Texas State Library and Archives CommissioniigpnaturLe ub ck, Lu ock City -County Library Raymond Hi ,Assistant State Librarian (Mu be 6n official empowered to enter into contracts) September 3, 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 Lubbock, TX 79401 Address (806)775-2822 Telephone Number Windy Sitton Typewritten or Printed Name Above t Iayo r Title September 25, 1997 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 Title of Property Manager 1306 9th Street Lubbock, TX 79401 Address (806)775-2822 Telephone Number