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HomeMy WebLinkAboutResolution - 2006-R0343 - Contract For Upgrades - State Of Texas Library And Archives Commission - 07_10_2006Resolution No. 2006-R0343 July10, 2006 Item No. 5.30 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 with the Texas State Library and Archives Commission for a Gates Foundation Public Access Computer Hardware Upgrade for replacement of public access computers for the Lubbock Public Library, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 10th day of July , 2006. —� 7� �—'— DAVID A. MfLLER, MAYOR ATTEST: Q Q pr i d G_:_4` Reb cca Garza, City Secretary_S APPROVED AS TO CONTENT: Ye Clausen, Library Director APPROVED AS TO FORM: M. Knight, Assigfant City Attorney gs/ccdocs/res-Gates Foundation -Library June 22, 2006 Resolution No. 2006-RO343 July10, 2006 Item No. 5.30 TEXAS STATE LIBRARY & ARCHIVES COMMISSION GATES PUBLIC ACCESS COMPUTER HARDWARE UPGRADE GRANT "RAC HUG" Grant Type B —Multiple Priority Award Grant Number: 434-07172 I. CONTRACTING PARTIES Grantor: Texas State Library and Archives Commission (TSLAC) Grantee: City of Lubbock, Lubbock Public Library 1306 9TH ST LUBBOCK, TX 79401 II. TERM OF GRANT The grant program outlined in this contract is effective from the date the contract is fully executed until December 31, 2008. This contract is effective from the date this contract is fully executed until all,final reports have been submitted or January 31, 2009, whichever is later. III. STATEMENT OF SERVICES TO BE PERFORMED The Bill and Melinda Gates Foundation (the Foundation) is providing grant funds to eligible libraries in Texas. These funds have been made available from the Foundation under the Public Access Computer Hardware Upgrade Grant (PAC HUG) program, which is being administered in Texas by the Texas State Library and Archives Commission (TSLAC). The Grantee acknowledges that the purpose of the PAC HUG program is to provide grant funds to libraries that were granted NT-based public access computers (NT PACs) by the Foundation between 1997 and 2000. PAC HUG is to help eligible libraries upgrade or replace existing systems so that the systems will be easier to support and upgrade in the future. Eligible libraries have been designated to receive grant funding for one or more upgraded computer system(s); in an amount not to exceed, $1,250.00 of grant funds per approved computer system. The designated libraries must use all grant funds to purchase eligible computer components, software, services, and/or complete new computer systems to serve as upgrade/replacements for existing PACs originally offered by the Foundation. Eligible libraries have been designated to receive grant funds in one or more of the following categories. Priority 1 Awards - Libraries still utilizing NT PACs. These libraries have until December 31, 2006 to replace eligible NT PAC computers. Libraries MUST submit a second online inventory using TechAtlas to verify the replacement. Priority 2 Awards - Libraries that have already replaced eligible NT PACs. Priority 2 libraries have until December 31, 2008 to spend funds on new/replacement computers and/or equipment. Priority 2 libraries DO NOT have to submit a second TechAtlas inventory. Priority 3 Awards - Libraries which were eligible for the first Gates Foundation grant five years ago, but that elected not to participate. Priority 3 libraries have until December 31, 2008 to spend funds on new/replacement computers and/or equipment. Priority 3 libraries DO NOT have to submit a TechAtlas inventory. Priority 4 Awards - Libraries that are designated as computer labs. Priority 4 libraries have until December 31, 2008 to spend funds on new/replacement computers and/or equipment. Priority 4 libraries DO NOT have to submit a TechAtlas inventory. FY 2006 PAC HUG Program I of 7 Contract B - Multiple Priority Award IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS Per grant guidelines, the Grantee is eligible for funds to replace or upgrade 27 PACs. Grantee will receive $1,250.00 of grant funds per eligible NT PAC, with the total amount of this grant not to exceed $33,750.00. Source of funds: TSLAC Gates Foundation PAC HUG Grant, State FY 2006 Payment for this grant will be funded in full upon delivery to Grantor of a legally executed contract. Grantee should receive payment within 20 working days after the Grantor has received the executed contract. Grantee is entitled to keep all interest earned on these grant funds, and must expend the interest earned on eligible items only. Grantee may use these funds to supplement the $1,250.00 per computer allocation. Grantee must report all interest earned as Program Income in Box 9 on the required Financial Status Report (FSR) form, according to the schedule outlined in Section VI of this contract. Per the PAC HUG guidelines outlined by the Foundation, funds are authorized only in the following budget category: Eguipment/Property Priority 1 $10,000.00 Equipment/Property Priority 2 $2,500.00 Equipment/Property Priority 3 $0.00 Equipment/Property Priority 4 $21,250.00 Total Awarded $33,750.00 Grantee must expend all the grant funds, and must purchase ONLY eligible items outlined in Section V of this contract. Grantees receiving Priority 1 Awards must expend those grant funds to replace and/or upgrade the eligible NT PACs not later than December 31, 2006. Grantees receiving all other Priority Awards must spend grant funds to replace PACs no later than December 31, 2008. All equipment must be placed in service not later than 30 days after the expenditure deadline. V. EQUIPMENT AND PROPERTY REQUIREMENTS A. Eligible expenditures are defined by the Foundation as complete public access computer (PACs) systems, to include CPUs, monitors, keyboards, and mice. Individual components for upgrades of the PACs are also eligible, and include hard drives, additional memory, and video, networking or other cards. Additional items that are eligible include any software for the new PACs or upgraded NT PACs; support services, such as extended warranty/technical support and replacement services purchased from the original equipment manufacturer or other support vendors; and installation and configuration or customization of security systems for the new PACs or upgraded NT PACs to ensure long-term sustainability (e.g., the purchase, installation, or configuration of PAC software or hardware security solutions). NOTE: Funds cannot be used to replace or upgrade staff computers, infrastructure and networking, or peripheral equipment (i.e., furnishings, renovations, network cabling, electrical wiring, switches, firewalls, projection devices, networking equipment, or printers). B. The Grantee will comply with the State of Texas Uniform Grant Management Standards (UGMS) Part III, Subpart C, Sec. 32 (d)(3), which requires certain items of equipment to be maintained on inventory if the item's cost is above $500.00. C. Grantee must furnish a statement to Grantor certifying the governing entity's capitalization level with the executed contract. Grantee agrees to maintain records in accordance with UGMS and governing entity's policies on all equipment/property with an acquisition cost above governing entity's capitalization level. D. Subject to the obligations and conditions set forth in the UGMS Part III, Subpart C, Sec. 32, title to equipment acquired under the grant will vest in the Grantee upon acquisition. Grantee must include any equipment/property acquired with grant funds in any required property inventory, and must follow the UGMS Part III, Subpart C, Sec. 32 (d) that requires the Grantee to reconcile equipment/property records with a physical inventory of the equipment/property every two years. The inventory does not need to be submitted to Grantor, but must be FY 2006 PAC HUG Program 2 of 7 Contract B — Multiple Priority Award maintained by the Grantee and will be subject to review by Grantor. When property is vested in the Grantee, Grantee will dispose of equipmentiproperty in accordance with the UGMS Part III, Subpart C, Sec. 32 (e). XI. REPORTING REQUIREMENTS A. If Grantee receives Priority 1 Award funds, the Grantee agrees to comply with all of the following reporting requirements: 1. The Grantee agrees to complete an online TechAtlas inventory within 30 days of placing the eligible items in service, but no later than January 31, 2007. This inventory will confirm the replacement of eligible NT PAC computers with upgraded equipment and/or systems. 2. The Grantee agrees to submit a TSLAC Financial Status Report (FSR) form within 30 days after all monies have been expended and all equipment has been placed in service, but not later than January 31, 2007. Grantee must submit a final FSR, and should mark this FSR as "Final". Grantee should not submit any subsequent FSR forms, unless revisions to the Final FSR are necessary. 3. The Grantee agrees to submit the PAC HUG Equipment/Property Acquired Report with the Final Financial Status Report (FSR) within 30 days after all monies have been expended and all equipment has been placed in service, but not later than January 31, 2007. The report must show all eligible items purchased for the grant project, including expenditures of TSLAC funds, Program Income (interest earned on TSLAC funds), and Local funds added to the project, if any. The final Total Expenditure Amount must equal the total of the amounts reported in the Final FSR, line 7a plus Box 9. 4. The Grantee will provide Grantor with one set of all public relations materials produced under this grant with the Final FSR. B. If Grantee receives Priority 2, Priority 3, and/or Priority 4 Award funds, the Grantee agrees to comply with all of the following reporting requirements. 1. The Grantee agrees to submit the TSLAC FSR form for each Priority Award grant funded under this contract no later than the due dates listed in the following schedule, until all grant funds have'been expended. Grantee should submit a Final FSR, for each Priority Award, once all grant funds have been expended and all program requirements are accomplished, but no later than January 31, 2009. Grantee should not submit any subsequent FSR forms, unless revisions to the Final FSR are necessary. NOTE: Grantee must submit a separate FSR for each Priority awarded. Reporting Period Due Date May 1, 2006 to August 31, 2007 September 30, 2007 September 1, 2007 to August 31, 2008 September 30, 2008 September 1, 2008 to December 31, 2008 January 31, 2009 2. The Grantee agrees to submit the PAC HUG Equipment/Property Acquired Report with each FSR for each Priority Award funded under this contract no later than the due dates listed in the following schedule, until all grant funds have been expended. If no expenditures are reported on any one FSR, Grantee is not required to submit the PAC HUG Equipment/Property Acquired form with that FSR. Submitted reports must show all eligible items purchased for the grant project, including expenditures of TSLAC funds, Program Income (interest earned on TSLAC funds), and Local funds added to the project, if any. Reports must be cumulative, listing all items purchased since the beginning of the grant period. The Total Expenditure Amount in the Final Equipment/Property Acquired Report must equal the total of the amounts reported in the Final FSR, line 7a plus Box 9. Reporting Period Due Date May 1, 2006 to August 31, 2007 September 30, 2007 September 1, 2007 to August 31, 2008 September 30, 2008 September 1, 2008 to December 31, 2008 January 31, 2009 FY 2006 PAC HUG Program 3 of 7 Contract B — Multiple Priority Award 3. The Grantee will provide Grantor with one set of all public relations materials produced under this grant with the Final FSR. VII. GENERAL TERMS AND CONDITIONS A. The Grantee will comply with the PAC HUG Program Guidelines for SFY 2006 as outlined in this contract. B. The Grantee will comply with the following parts of UGMS adopted June 2004, located at: hyp://www.governor.state. tx.us/divisions/staterrants/auidelines/frles/UGMS062004.doc. Part I. Cost Principles for State and Local Governments and Other Affected Entities (Adapted from OMB Circular A-87) Part II. State Uniform Administrative Requirements for Grants and Cooperative Agreements (Adapted from OMB Circulars A-102 and A-122) Part III. State of Texas Single Audit Circular (Adapted from OMB Circular A-133) C. All publicity relating to the grant award must include acknowledgement, whenever possible and practical, of the Bill and Melinda Gates Foundation as the source of program funds, and the TSLAC as the program administrator. Publicity includes, but is not limited to, press releases, media events, public events, displays in the benefiting library, announcements on the Grantee's website, and materials distributed through the grant project. The Grantee will provide Grantor with one set of all public relations materials produced under this grant with the Final FSR. D. Grantee understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Grantee further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing access to any information the state auditor considers relevant to the investigation or audit. Grantee will ensure that this clause concerning the authority to audit funds received indirectly by Sub -grantees through Grantee, and the requirement to cooperate, is included in any sub -grant awarded. E. The Grantee agrees to maintain all financial and programmatic records, supporting documents, statistical records, and other records relating to this grant award according to Part III, Subpart C, and Sec. 42 of the UGMS. In general, Grantees must maintain records for a minimum of three years from the date the Grantee submits the final FSR and/or Equipment/Property Acquired form to Grantor. VIII. ENFORCEMENT A. Remedies for noncompliance. If a Grantee or Sub -grantee materially fails to comply with any term of an award, whether stated in a state statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, Grantor may take one or more of the following actions, or impose other sanctions, as appropriate in the circumstances: 1. Temporarily withhold cash payments pending correction of the deficiency by the Grantee or Sub -grantee, or more severe enforcement action by Grantor; 2. Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the current award for the Grantee's or Sub -grantee's program; 4. Withhold further awards for the program or other program administered by TSLAC; or 5. Take other remedies that may be legally available. B. Hearings, appeals. In taking an enforcement action, Grantor will provide the Grantee or Sub -grantee an opportunity for such hearing, appeal, or other administrative proceeding to which the Grantee or Sub -grantee is entitled under any statute or regulation applicable to the action involved. C. Effects of suspension and termination. Costs of Grantee or Sub -grantee resulting from obligations incurred by the Grantee or Sub -grantee during a suspension or after termination of an award are not allowable unless Grantor FY 2006 PAC HUG Program 4 of 7 Contract B — Multiple Priority Award expressly authorizes them in the notice of suspension or termination, or subsequently. Other Grantee or Sub -grantee costs during suspension or after termination which are necessary, and not reasonably avoidable, are allowable if. 1. The costs resulting from obligations which were properly incurred by the Grantee or Sub -grantee before the effective date of suspension or termination are not in anticipation of it and, in the case of a termination, are non -cancelable; and, 2. The costs would be allowable if the award were not suspended, or expired normally at the end of the funding period in which the termination takes effect. D. Relationship to Debarment and Suspension. The enforcement remedies identified in this section, including suspension and termination, do not preclude Grantee or Sub -grantee from being subject to "Debarment and Suspension" under Executive Order 12549 (see UGMS Part III, Subpart C, Sec. 35) and state law. IX. CONTACTS AT TSLAC Questions or concerns about grant or budget issues should be directed to this grant's Project Manager: Marilyn Johnson Phone: 512-463-6627 Fax: 512-463-8800 E-mail: miohnson@tsl.state.tx.us Questions or concerns about re ulatory or financial issues should be directed to: Manager, Accounting and Grants Department Phone: 512-463-6626 Fax: 512-475-0185 E-mail: mmartin@tsl.state.tx.us Documentation relating to Financial Status Report and Equipment/Property Acquired Report forms should be directed to: Grants Accountant Phone: 512-463-5472 Fax: 512-475-0185 E-mail: grants.accounting_@tsl.state.tx.us X. APPLICABLE AND GOVERNING LAW A. The laws of the State of Texas shall govern this grant. All duties of either party shall be legally performable in Texas. The applicable law for any legal disputes arising out of this contract shall be the law of (and all actions hereunder shall be brought in) the State of Texas, and the forum and venue for such disputes shall be Travis County, District Court. B. This grant is subject to availability of funds. XI. GRANT CERTIFICATIONS A. Grantor certifies that: (1) the services specified in the PAC HUG Program Guidelines and this contract are necessary and essential for activities that are properly within the statutory functions and programs of the affected organizations; (2) the services, supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of Texas to be supplied under contract given to the lowest bidder; and, (3) the grant is in compliance with Texas Government Code §441.006, Texas Administrative Code Title M, §§1.91 — 1.97, and UGMS. B. The Grantee affirms that it has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract. The Grantee further affirms that its employees or agents shall neither solicit nor FY 2006 PAC HUG Program 5 of 7 Contract B — Multiple Priority Award accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to any sub - agreements. C. The Grantee certifies all applicable activities related to this grant will be in compliance with the Copyright Law of the United States (Title 17, U.S. Code). D. In addition to federal requirements, state law requires a number of assurances from applicants for pass -through or other state -appropriated funds. (UGMS Part III, Subpart B, Sec. 14 — State Assurances) 1. Sub -grantee must comply with Texas Government Code, Chapter 573, Vernon's 1994, by ensuring that no officer, employee, or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. 2. Sub -grantee must insure that all information collected, assembled or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, Vernon's 1994, unless otherwise expressly prohibited by law. 3. Sub -grantee must comply with Texas Government Code, Chapter 551, Vernon's 1994, which requires all regular, special or called meeting of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. 4. Sub -grantee must comply with the Texas Family Code, Section 261.101 that requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Sub -grantees shall also ensure that all program personnel are properly trained and aware of this requirement. 5. Sub -grantees will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 USC. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 USC. § 794), which prohibits discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 USC. §§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 USC. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 US.. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s) which may apply to the application. 6. Sub -grantees will comply, as applicable, with the provisions of the Davis -Bacon Act (40 USC. §§ 276a to 276a- 7), the Copeland Act (40 USC. § § 276c and 18 USC. §§ 874), and the Contract Work Hours and Safety Standards Act (40 USC. §§ 327-333), regarding labor standards for federally assisted construction sub - agreements. 7. Sub -grantees will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. FY 2006 PAC HUG Program 6 of 7 Contract B — Multiple Priority Award 8. Sub -grantees will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 USC. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 USC. 469a-1 et seq.). 9. Sub -grantees will comply with Public Law 103-277, also known as the Pro -Children Act of 1994 (Act), which prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. 10. Sub -grantees will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. 11. Sub -grantees will comply with all applicable requirements of all other federal and state laws, executive orders, regulations and policies governing this program. 12. Sub -grantees must adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. SIGNATURES GRANTOR Texas State Library and Archives Commission t Edward Seidenbe g, Assistant State Li Trian Date Lx'A, 01 Donna Osborne, Chief Fiscal Officer May 25, 2006 Date Deborah Littrell, Library Development Director May 25, 2006 Date Marilyn Johnson, Contract Manager May 25, 2006 Date GRANTEE City oofLubbock, Lubbock Public Library Signature (Myft be an official empowered to enter into contracts) David A. Miller, May Typewritten or Printed Name July 10, 2006 Date ATTEST: C�Qd__e4'_ Rebecca Garza, City Secrete FY 2006 PAC HUG Program 7 of 7 Contract B — Multiple Priority Award Texas State Library and Archives Commission Gates Public Access Computer Hardware Upgrade Grant "PAC HUG" Grant Type B—Multiple Priority Award Grant Number: 434-07172 APPROVED AS TO CONTENT: -Jane Clausen, Library Director APPROVED AS TO FORM: