HomeMy WebLinkAboutResolution - 2004-R0457 - Library System Operation Grant Agreement - Texas State Library - 09_28_2004Resolution No. 2004-RO457
September 28, 2004
Item No. 14
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 one (1) Library System
Operation Grant Agreement, one (1) Technical Assistance Negotiated Grant Agreement
and one (1) Interlibrary Loan Center Grant by and between the City of Lubbock and
Texas State Library and Archives Commission, and all related documents. Said
Agreements are 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 28th day of September '2004.
C MA&YbAL, MAYOR
J
F
ATTEST:
Re6ecca Garza, City Secretary
APPROVED AS TO CONTENT:
Jan lausen, Library Director
APPROVED AS TO FORM:
M. Knight, s'tant City Attorney
gs :/c cdocs&cityatt/John/res/LibraryGrants-2005
September 8, 2004
Resolution No. 2004-RO457
September 28, 2004
Item No. 14
TEXAS STATE LIBRARY & ARCHIVES COMMISSION
LIBRARY SYSTEM OPERATION GRANT
Grant Number: 470-05009
I. CONTRACTING PARTIES
Grantor: Texas State Library and Archives Commission (TSLAC)
Grantee: City of Lubbock, Lubbock City -County Library
1306 Ninth Street
Lubbock, Texas 79401-2708
II. TERM OF GRANT
September 1, 2004, to August 31, 2005
III. STATEMENT OF SERVICES TO BE PERFORMED
Grant -funded activities shall support and encourage the active and successful participation by libraries
in services offered by the System and the Grantor. The Grantee will comply during the period of this
contract and provide services as outlined within the grant application (System Plan of Service for State
FY05) as approved by the Grantor. The approved Plan of Services submitted by Grantee becomes part
of this contract by this reference.
IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS
A. The total amount of the grant shall not exceed: $373,151.00
B. Source of funds:
Federal Funds. CFDA # 45.310
Institute of Museum and Library Services, State Library Program
Federal Fiscal Year 2004 Carryover
General Revenue
State Fiscal Year 2005
Of the total amount awarded for all System Operation Grants, 73% is from Federal L.S.T.A.
funds (P.L. 104-208), and 27% is from State General Revenue. An individual Grantee's
disbursement may vary.
C. The Grantee is restricted to one of two methods for requesting funds from the Grantor. The
Grantee may request an advance payment for estimated expenditures to be incurred for the
upcoming 30 days, or request a reimbursement of the actual expenditures for the Grantee's normal
billing cycle.
D. The Grantee must request payments from Grantor on the OMB Standard Form 270, Request for
Advance or Reimbursement. Payment requests may be submitted to Grantor monthly, quarterly, or
any other standard time period, at the discretion of the Grantee's governing entity; however,
requests may not be submitted more than once per month. A Form 270 is due to the Grantor on or
before the 15th of the month to receive payment for the beginning of the following month. Funds
will generally be received by the Grantee within 10 days after Grantor receives the funds from the
federal government.
FY 2005 System Operations Grant 1 of 8
V.
E. If requesting a reimbursement, Grantee must use box 11 on the Form 270. Grantor must receive
final request for reimbursement on or before October 15, 2005.
F. If requesting an advance, the Grantee must follow procedures that minimize the time elapsing
between the receipt and the disbursement of advanced grant funds. Grantees requesting advance
funds must use box 12 (rather than box 11) on the Form 270. Requests for advance funds will
generally be disbursed by the first working day of the advance period on the request, provided
request forms are received by stated deadlines. Grantor must receive final request for advance on
or before July 31, 2005.
G. The Grantee will add any program income to the funds committed to the grant, using such program
income for the purposes and under the conditions of the grant. The source and amount of the
program income must be explained in box 12 of the quarterly Financial Status Report.
H. The Grantee may not obligate grant funds after August 31, 2005. All obligations must be
liquidated on or before October 15, 2005. All unexpended funds in excess of $25.00 must be
returned to the Grantor along with the Final Financial Status Report (FSR). See Section VII.B. of
this contract for FSR due dates.
I. Per the approved grant application, funds are approved according to the following budget:
Personnel
$115,435
Fringe Benefit
34,826
Travel
13,200
Equipment/Property
1,500
Supplies
121,642
Contractual
50,443
Other
5,200
Total Direct Costs
$342,246
Indirect Costs 30,905
Total $373,151
WRITTEN PRIOR APPROVALS FOR FISCAL AND PROGRAMMATIC CHANGES
The Grantee must request written prior approval for fiscal and/or programmatic changes as outlined in
this Section. Grantee must receive written prior approval before obligating or expending grant funds
under any of the following conditions. Grantee must request written prior approval on the Prior
Approval Request form. Under no condition can a Grantee request to exceed the total grant amount.
Grantor must receive all prior requests on or before July 31, 2005. Approvals received after this date
will be considered on a case -by -case basis.
A. Fiscal changes must have written prior approval under the following conditions:
1. Making cumulative transfers among budget cost categories or projects which are expected to
exceed ten (10) percent of the total grant; and/or,
2. Transferring any funds into a budget cost category that currently equals zero ($0).
B. Programmatic changes to the approved application (System Plan of Service) must have written
prior approval under any of the following conditions:
1. Changing key persons specified in the grant; System Coordinators (or Executive Directors) are
considered key personnel for the purpose of this Section.
2. Obtaining the services of a third party to perform activities that are central to the purposes of
the grant; and/or,
FY 2005 System Operations Grant 2 of 8
3. Changing the scope or objectives of the approved program, regardless of whether there is an
associated budget revision. A change in scope is a substantive difference in the approach or
method used to reach program objectives.
C. All changes to the items listed under the following cost categories, if any, must have written prior
approval. Written prior approval is also required if an item's cost or features are substantially
different from what the approved grant application specifies or from a previously approved Prior
Approval Request. Note: Written prior approval is required for ALL changes involving the
purchase of computer equipment or Internet services. In addition, Grantee must comply with
Internet Safety Certification requirements, as further outlined in Section XIl of this contract.
COST CATEGORIES
1. Preaward Costs
None
2. Insurance fif not required by the rant)
None
3. Rearrangements and Alterations of Facilities
None
4. Equipment/Property
None
VI. EQUIPMENT AND PROPERTY REQUIREMENTS
A. The Grantee agrees to maintain records on all equipment/property with an acquisition cost above
governing entity's capitalization level. Subject to the obligations and conditions set forth in the
Uniform Grant Management Standards (UGMS) Section III, Subpart C.32 (a), title to equipment
acquired under a grant will vest in the Grantee upon acquisition.
B. Equipment/Property is hereby defined as an article of nonexpendable, tangible personal property
having a useful life of more than one year, and an acquisition cost that equals or exceeds the
capitalization amount established by Grantee's. governing entity. Grantee must furnish a statement
to Grantor certifying the governing entity's capitalization level with each Prior Approval Request
Form for equipment and/or property.
C. The UGMS Subpart C, Sec. 32, (d) (3) requires certain items of equipment (stereo systems, still
and video cameras, facsimile machines, VCRs and VCR/TV combinations, and cellular and
portable telephones) to be maintained on inventory if the item's cost is above $500, or if the item
could be easily lost or stolen.
D. When property is vested in the Grantee, the Grantee will dispose of equipment/property in
accordance with the UGMS Subpart C, Sec. 32, (e). When the Grantee has been given federal or
state equipment/property, Grantee will follow the UGMS Subpart C, Sec. 32, (f) will be followed.
E. The Grantee must include any equipment/property acquired with grant funds in the required bi-
annual property inventory, and follow UGMS guidelines for property disposal. The Grantee agrees
to submit the Equipment/Property Acquired Form by October 31, 2005, for all equipment/
property purchased during the current grant year. This list must balance the equipment/property
purchased with prior approval amounts.
F. The UGMS Subpart C, Sec. 32, (d) requires the Grantee to reconcile the equipment/property
records with a physical inventory of the equipment/property every two years. This biennial
inventory does not need to be submitted to the Grantor, but must be maintained by the grantee and
will be subject to review by the grantor.
FY 2005 System Operations Grant 3 of 8
VII.
G. All changes to items listed in the Equipment/Property category outlined in Section V.C.4. of this
contract require written prior approval. This category includes equipment, furniture, library
materials, etc. purchased wholly or in part with grant funds. The prior approval amount listed in
that Section is the total approved capital expenditure amount, which is defined as the cost of the
equipment and/or property, including any cost necessary to put the item into service, such as the
cost of any modifications, attachments, accessories, or auxiliary apparatus necessary to make the
item usable for the purpose for which it is acquired. Ancillary charges, such as taxes, duty,
protective in -transit insurance, freight, and installation may be included in, or excluded from,
capital expenditure cost in accordance with the Grantee's regular accounting practices.
REPORTING REQUIREMENTS
The State Legislature has charged the Grantor with submitting performance measurement reports that
specify the level of services provided by its programs and services. In accepting these grant funds, the
Grantee acknowledges responsibility for performing certain services on behalf of the Grantor, as
outlined in the approved Plan of Service. Therefore, the Grantee is responsible for submitting periodic
reports that reflect the Grantee's level of performance on these services to the Grantor. To comply
with these requirements, the Grantee agrees to submit reports that are timely, accurate, auditable, and
consistent with definitions.
A. The Grantee agrees to submit the quarterly Legislative Budget Board (LBB) Performance Target
Report to the Grantor on or before due dates listed in the following schedule:
Reporting Period Due Date
September 1, 2004 - November 30, 2004 December 7, 2004
December 1, 2004 - February 28, 2005 March 7, 2005
March 1, 2005 - May 31, 2005 June 7, 2005
June 1, 2005 - August 31, 2005 September 7, 2005
B. The Grantee agrees to submit the quarterly Financial Status Report (FSR) for each project funded
under this contract on or before the due dates listed in the following schedule. In addition, Grantee
must submit with the FSR report, quarterly expenditure summary information for all budget
categories listed in Section IV.1 of this contract, in a format to be provided by Grantor.
Renortin P� eriod Due Date
September 1, 2004 - November 30, 2005 December 31, 2004
December 1, 2004 - February 28, 2005 March 31, 2005
March 1, 2005 - May 31, 2005 June 30, 2005
June 1, 2005- August 31, 2005 September 30, 2005
The final Financial Status Report is due on or before November 15, 2005.
C. The Grantee will send the Grantor a copy of all management letters issued by an auditor with the
reporting package (or written notification, as applicable) within 30 days of the audit. The audit's
Schedule of Expenditures of Federal and State Awards must list the amount of awards expended
for each award year separately.
D. The Grantee will submit the required Local/Systems Objectives Report to the Grantor on a regular
schedule. This report may be submitted monthly with the Uniform Statistical Report, or quarterly
with the LBB Performance Target Report. Once selected, Grantee must use the same reporting
schedule for the entire term of the grant.
E. The Grantee will submit the required Workshop Reporting Form to the Grantor for the period of
September 1, 2004 to August 31, 2005, on or before September 30, 2005.
FY 2005 System Operations Grant
4of8
F. The Grantee agrees to submit the required Narrative Report to the Grantor twice during the grant
period. The first is due on or before March 31, 2005, and the final report is due on or before
September 30, 2005.
G. Grantee agrees to conduct Outcome Based Evaluation (OBE), as determined by Grantor, for the
grant period of September 1, 2004 to August 31, 2005. Grantee will submit OBE report to Grantor
on or before September 30, 2005.
VIII. GENERAL TERMS AND CONDITIONS
A. The Grantee will comply with the System Plan of Service Program Guidelines for SFY 2005.
B. The Grantee will comply with the Rules for Administering the Library Systems Act, Texas Adminis-
trative Code, Chapters 1.91-1.97. Rule 1.97 (a) will not be applicable during the term of this grant.
C. The Grantee will comply with the following three parts of the Governor's Office of Budget and
Planning, Uniform Grant Management Standards (UGMS), revised June 2004, located at
http://www.governor. state. tx. us/divisions/stategrants/guidelines/files/UGM5062004.doc.
1. Cost Principles for State and Local Governments and Other Affected Entities (Adapted from
OMB Circular A-87)
2. State Uniform Administrative Requirements for Grants and Cooperative Agreements (Adapted
from OMB Circular A-102)
3. State of Texas Single Audit Circular (Adapted from OMB Circular A-133)
D. For grants funded with federal funds, the Grantee will also comply with the Office of Management
and Budget (OMB) Circular A-133, Audits of States, Local Governments, and Non -Profit
Organizations (revised 6/97), located at http;//www.whitehouse.Qov/omb/grants grants circulars.html.
E. The Grantee will comply with the Institute of Museum and Library Services' 45 Code of Federal
Regulations, Part 1183, Uniform Administrative Requirements for Grants and Cooperative
Agreements to States and Local Governments (adapted from OMB Circular A-102).
F. All publicity relating to the grant award must include acknowledgement of the Institute of Museum
and Library Services and the Texas State Library and Archives Commission whenever possible
and practical. Publicity includes, but is not limited to press releases, media events, public events,
displays in the benefiting library, announcements on the Grantee's Website, and materials
distributed through the grant project. The Grantee will provide the Grantor with one set of all
public relations materials produced under this grant.
G. 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 all records requested. 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.
H. The Grantee agrees to maintain all financial and programmatic records, supporting documents,
statistical records, and other records relating to this grant award according to Section H, Subpart
C.42 of UGMS, and according to DALS requirements. In general, Grantees must maintain records
for a minimum of seven years from the date the Grantee submits to Grantor the last single audit or
audit report for the grant period.
I. The Grantee agrees to develop or revise, as necessary, any specific written documentation of its
current procedures for (1) collecting and reporting performance measures; (2) conducting a fixed
FY 2005 System Operations Grant 5 of 8
asset inventory; and/or, (3) any other issues identified in the Grantor's internal audit report of grant
activities. Drafts of this procedural documentation will be submitted to Grantor by dates
established mutually between Grantor and Grantee. Grantor will provide review and guidance to
enable final versions to be approved on or before established deadlines.
IX. 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 federal or state statute or regulation, an assurance, in a state plan
or application, a notice of award, or elsewhere, the 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 the 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
5. Take other remedies that may be legally available.
B. Hearings, appeals. In taking an enforcement action, the 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 the Grantor 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 noncancelable; 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 E.O. 12549 (see UGMS Section III, Subpart C, Sec. 35) and
state law.
X. CONTACTS AT TSLAC
Questions or concerns about programmatic issues and Prior Approval Requests should be directed to
this grant's Project Manager:
Library Systems Administrator
Phone: 512-936-2236
Fax: 512463-8800
E-mail: mwhitehead@tsl.state.tx.us
FY 2005 System Operations Grant 6 of 8
Questions or concerns about regulatory or financial issues should be directed to:
Manager, Accounting and Grants Department
Phone: 512-463-6626
Fax: 512-475-0185
E-mail:Ilutz@tsl.state.tx.us
Documentation relating to required Requests for Reimbursement/Advance, Financial Status Reports,
Workshop Report Forms, Uniform Statistical Reports, annual Property/Inventory Reports, and any
other miscellaneous forms and reports should be directed to:
Grants Accountant
Phone: 512-463-5472
Fax: 512-475-0185
E-mail: siustice@tsl.state.tx.us
Payments from Grantee to the Grantor, such as those for excess advanced funds or for interest earned
each quarter on advanced funds, should be mailed along with an explanation of the purpose of the
payment and must include the grant number. This information should be directed to:
Grants Accountant
Accounting and Grants Department
Texas State Library and Archives Commission
PO Box 12516
Austin, TX 78711-2516
XI. APPLICABLE AND GOVERNING LAW
A. The laws of the State of Texas shall govern this grant. All duties of either party shall be legally
performable in Texas. The applicable law for any legal disputes arising out of this contract shall be
the law of (and all actions hereunder shall be brought in) the State of Texas, and the forum and
venue for such disputes shall be Travis County, District Court.
B. This grant is subject to availability of funds.
XII. GRANT CERTIFICATIONS
A. The Grantor certifies that: (1) the services specified in the approved grant application, plan of service,
and this contract arenecessary and essential for activities that are properly within the statutory func-
tions 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, General Powers and Duties, Texas Government Code § 441.135 Grants (Systems Act),
P.L. 104-208, the Library Services and Technology Act (LSTA), the State Plan for the LSTA in
Texas, and the Uniform Grant Management Standards (UGMS).
B. The Grantee certifies by this contract that it will comply with the Assurances —Non -Construction Pro-
grams (OMB Standard Form 424B), the Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion Lower Tier Covered Transactions, and the Certification Regarding Lobby-
ing, as submitted to the Grantor. Additional assurances are listed in UGMS, Subpart B.14.
C. The Grantee affirms that it has not given, offered to give, nor intends to give at any time hereafter,
any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or
service to a public servant in connection with this contract. The Grantee further affirms that its
employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value
from contractors, potential contractors, or parties to any sub -agreements.
FY 2005 System Operations Grant 7 of 8
D. The Grantee has provided to the Grantor the mandatory Internet Safety Certification (Certification)
that it is in compliance with requirements of the Children's Internet Protection Act (CIPA) for any
federal funds under this grant that will be used to purchase computers used to access the Internet or
pay for the direct costs of accessing the Internet. Grantee agrees to collect, as required and appropri-
ate, certification forms from all libraries receiving benefits of federal funds expended under this
contract.
E. The Grantee further certifies that no federal funds from this grant award will be made available for a
public library, or public elementary or secondary school library that does not currently receive E-rate
services, to purchase computers used to access the Internet or pay for the direct costs of accessing the
Internet, unless the library has certified compliance with the applicable CIPA requirements. Should
federal funds awarded as part of this grant be used to purchase computers for a public library, or
public elementary or secondary school library that does not currently receive E-rate services, to
purchase computers used to access the Internet or pay for the direct costs of accessing the Internet,
Grantee will submit a revised Certification form, and ensure revised Certification forms are received
from all other libraries receiving benefits of federal funds expended under this contract.
SIGNATURES
GRANTOR
Texas State Library and Archives Commission
Library
Edward Seidenberg, Assistant State ibrarian
Date
Donna Osborne, Chief Fiscal Offic r
��4
Date
GRANTEE
City of Lubbock, Lubbock City -County
to enter into
Marc McDoi
Typewritten
Mayor
Title
an official empowered
Printed Name
September 28, 2004
Date
Attest: Rebecca Garza, City Secretary
FY 2005 System Operations Grant 8 of 8
Resolution No. 2004—RO457
September 28, 2004
Item No. 14
TEXAS STATE LIBRARY & ARCHIVES COMMISSION
TECHNICAL ASSISTANCE NEGOTIATED GRANT
Grant Number: 476-05019
I. CONTRACTING PARTIES
Grantor: Texas State Library and Archives Commission (TSLAC)
Grantee: City of Lubbock, Lubbock City -County Library
1306 Ninth Street
Lubbock, Texas 79401-2708
II. TERM OF GRANT
September 1, 2004, to August 31, 2005
III. STATEMENT OF SERVICES TO BE PERFORMED
Grant -funded activities shall provide services as outlined in the approved grant application. The
Grantee will comply during the period of this contract and provide services as outlined within the
approved grant application (Technical Assistance Negotiated Grant for State FY05) as approved
by the Grantor. The approved grant application submitted by Grantee becomes part of this
contract by this reference.
IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS
A. The total amount of the grant shall not exceed: $80,000
B. Source of funds:
Federal Funds. CFDA # 45.310
Institute of Museum and Library Services, State Library Program
Federal Fiscal Year 2004 Carryover
Private Grant Funds
Bill & Melinda Gates Foundation
State Fiscal Year 2005
C. The Grantee is restricted to one of two methods for requesting funds from the Grantor. The
Grantee may request an advance payment for estimated expenditures to be incurred for the
upcoming 30 days, or request a reimbursement of the actual expenditures for the Grantee's
normal billing cycle.
FY 2005 TANG Grant 1 of 10
D. The Grantee must request payments from Grantor on the OMB Standard Form 270, Request
for Advance or Reimbursement. Payment requests may be submitted to Grantor monthly,
quarterly, or any other standard time period, at the discretion of the Grantee's governing entity;
however, requests may not be submitted more than once per month. A Form 270 is due to the
Grantor on or before the 15'' of the month to receive payment for the beginning of the
following month. Funds will generally be received by the Grantee within 10 days after Grantor
receives the funds from the federal government.
E. If requesting a reimbursement, Grantee must use box 11 on the Form 270. Grantor must
receive final request for reimbursement on or before October 15, 2005.
F. If requesting an advance, the Grantee must follow procedures that minimize the time elapsing
between the receipt and the disbursement of advanced grant funds. Grantees requesting
advance funds must use box 12 (rather than box 11) on the Form 270. Requests for advance
funds will generally be disbursed by the first working day of the advance period on the request,
provided request forms are received by stated deadlines. Grantor must receive final request
for advance on or before July 31, 2005.
G. The Grantee will add any program income to the funds committed to the grant, using such
program income for the purposes and under the conditions of the grant. The source and
amount of the program income must be explained in box 12 of the quarterly Financial Status
Report.
H. The Grantee may not obligate grant funds after August 31, 2005. All obligations must be
liquidated on or before October 15, 2005. All unexpended funds in excess of $25.00 must be
returned to the Grantor along with the Final Financial Status Report (FSR). See Section VII.B.
of this contract for FSR due dates.
I. Per the approved grant application, funds are approved according to the following budget:
Personnel
Fringe Benefits
Travel
Equipment/Property
Supplies
Contractual
Other
Total Direct Costs
Indirect Costs
Total
$54,705
16,356
2,000
0
313
0
0
$73,374
6,626
$80,000
FY 2005 TANG Grant 2 of 10
J. Expenditures 'in the following budget categories are funded through the Technical Assistance
portion of a grant to TSLAC from the Bill & Melinda Gates Foundation:
1. Travel
2. Equipment
3. Supplies
Grantee must notify Grantor in writing if transferring funds into or out of any of the above three
budget categories, even if the total amount transferred does not exceed 10% of the total grant
award.
V. WRITTEN PRIOR APPROVALS FOR FISCAL AND PROGRAMMATIC CHANGES
The Grantee must request written prior approval for fiscal and/or programmatic changes as
outlined in this Section. Grantee must receive written prior approval before obligating or
expending grant funds under any of the following conditions. Grantee must request written prior
approval on the Prior Approval Request form. Under no condition can a Grantee request to exceed
the total grant amount. Grantor must receive all prior approval requests on or before July 31,
2005. Approvals received after this date will be considered on a case -by -case basis.
A. Fiscal changes must have written prior approval under the following conditions:
1. Making cumulative transfers among budget cost categories or projects which are expected
to exceed ten (10) percent of the total grant; and/or,
2. Transferring any funds into a budget cost category that currently equals zero ($0).
B. Programmatic changes to the approved application (TANG Grant Application) must have
written prior approval under any of the following conditions:
1. Obtaining the services of a third party to perform activities that are central to the purposes
of the grant; and/or,
2. Changing the scope or objectives of the approved program, regardless of whether there is an
associated budget revision. A change in scope is a substantive difference in the approach or
method used to reach program objectives.
C. All changes to the items listed under the following cost categories, if any, must have written
prior approval. Written prior approval is also required if an item's cost or features are
substantially different from what the approved grant application specifies or from a previously
approved Prior Approval Request. Note: Written prior approval is required for ALL changes
involving the purchase of computer equipment or Internet services. In addition, Grantee must
comply with Internet Safety Certification requirements, as further outlined in Section XII of
this contract.
FY 2005 TANG Grant . 3 of 10
COST CATEGORIES
1. Preaward Costs
2. Insurance (if not required by the grant)
3. Rearrangements and Alterations of Facilities
4. Equipment/Property
VI. EQUIPMENT AND PROPERTY REQUIREMENTS
A. The Grantee agrees to maintain records on all equipment/property with an acquisition cost
equal to or above governing entity's capitalization level. Subject to the obligations and
conditions set forth in the Uniform Grant Management Standards (UGMS) Section III,
Subpart C.32 (a), title to equipment acquired under a grant will vest in the Grantee upon
acquisition.
B. Equipment/Property is hereby defined as an article of nonexpendable, tangible personal
property having a useful life of more than one year, and an acquisition cost that equals or
exceeds the capitalization amount established by Grantee's governing entity. Grantee must
furnish a statement to Grantor certifying the governing entity's capitalization level with each
Prior Approval Request Form for equipment and/or property.
C. The UGMS Subpart C, Sec. 32, (d) (3) requires certain items of equipment (stereo systems,
still and video cameras, facsimile machines, VCRs and VCR/TV combinations, and cellular
and portable telephones) to be maintained on inventory if the item's cost is above $500, or if
the item could be easily lost or stolen.
D. When property is vested in the Grantee, the Grantee will dispose of equipment/property in
accordance with the UGMS Subpart C, Sec. 32, (e). When the Grantee has been given
federal or state equipment/property, Grantee will follow the UGMS Subpart C, Sec. 32, (f).
E. The Grantee agrees to submit the EquipmentTroperty Acquired Form by October 31,
2005, for all equipment/property purchased during the current grant year. This list must
balance the equipment/property purchased with prior approval amounts.
F. The Grantee must include any equipment/property acquired with grant funds in the required
bi-annual property inventory, and follow UGMS guidelines for property disposal. The
UGMS Subpart C, Sec. 32, (d) requires the Grantee to reconcile the equipment/property
records with a physical inventory of the equipment/property every two years. This biennial
inventory does not need to be submitted to the Grantor, but must be maintained by the
grantee and will be subject to review by the grantor.
G. All changes to items listed in the Equipment/Property category outlined in Section V.C.4. of
this contract require written prior approval. This category includes equipment, furniture,
library materials, etc. purchased wholly or in part with grant funds. The prior approval
FY 2005 TANG Grant 4 of 10
amount listed in that Section is the total approved capital expenditure amount, which is
defined as the cost of the equipment and/or property, including any cost necessary to put the
item into service, such as the cost of any modifications, attachments, accessories, or auxiliary
apparatus necessary to make the item usable for the purpose for which it is acquired.
Ancillary charges, such as taxes, duty, protective in -transit insurance, freight, and installation
may be included in, or excluded from, capital expenditure cost in accordance with the
Grantee's regular accounting practices.
VII. REPORTING REQUIREMENTS
The State Legislature has charged the Grantor with submitting performance measurement reports
that specify the level of services provided by its programs and services. In accepting these grant
funds, the Grantee acknowledges responsibility for performing certain services on behalf of the
Grantor, as outlined in the approved Grant Application. Therefore, the Grantee is responsible for
submitting periodic reports that reflect the Grantee's level of performance on these services to the
Grantor. To comply with these requirements, the Grantee agrees to submit reports that are timely,
accurate, auditable, and consistent with definitions.
A. The Grantee agrees to submit the quarterly Legislative Budget Board (LBB) Performance
Target Report form for Technical Assistance Negotiated Grants, including Explanation of
Variance, to the Grantor on or before due dates listed in the following schedule:
Reporting Period Due Date
September 1, 2004 -November 30, 2004 December 7, 2004
December 1, 2004 - February 28, 2005 March 7, 2005
March 1, 2005 - May 34, 2005 June 7, 2005
June 1, 2005 - August 31, 2005 September 7, 2005
B. The Grantee agrees to submit the quarterly Financial Status Report (FSR) for the project
funded under this contract on or before the due dates listed in the following schedule.
Reporting Period Due Date
September 1, 2004 - November 30, 2005 December 31, 2004
December 1, 2004 - February 28, 2005 March 31, 2005
March 1, 2005 - May 31, 2005 June 30, 2005
June 1, 2005- August 31, 2005 September 30, 2005
The final Financial Status Report is due on or before November 15, 2005.
C. The Grantee agrees to submit an annual Gates Grant Technical Assistance Report according to
the following schedule:
Reporting Period Due Date
September 1, 2004 - August 31, 2005 September 30, 2005
FY 2005 TANG Grant 5 of 10
D. The Grantee agrees to submit an annual LSTA Project Report Form according to the following
schedule:
ReportingPeriod eriod Due Date
September 1, 2004 — August 31, 2005 September 30, 2005
E. The Grantee will send the Grantor a copy of all management letters issued by an auditor with
the reporting package (or written notification, as applicable) within 30 days of the audit. The
audit's Schedule of Expenditures of Federal and State Awards must list the amount of awards
expended for each award year separately.
F. The Grantee will submit the required Workshop Reporting Forms to the Grantor for the period
of September 1, 2004 to August 31, 2005. Workshop Reporting Forms should be submitted
following each workshop, with all forms submitted on or before September 30, 2005.
G. Grantee agrees to participate in Outcome Based Evaluation (OBE), as determined by Grantor,
for the grant period of September 1, 2004 to August 31, 2005.
VIII. GENERAL TERMS AND CONDITIONS
A. The Grantee will comply with the Technical Assistance Negotiated Grants Program Guidelines
for SFY 2005.
B. The Grantee will comply with the Rules for Administering the Library Systems Act, Texas
Administrative Code, Chapters 1.91 — 1.97. Rule 1.97 (a) will not be applicable during the
term of this grant.
C. The Grantee will comply with the following three parts of the Governor's Office of Budget and
Planning, Uniform Grant Management Standards (UGMS), revised June 2004, located at
http.11www. governor. state. tx. us/divisions/stategrants/guidelines/filesAJGMS062004. doc.
1. Cost Principles for State and Local Governments and Other Affected Entities
(Adapted from OMB Circular A-87)
2. State Uniform Administrative Requirements for Grants and Cooperative Agreements
(Adapted from OMB Circular A-102)
3. State of Texas Single Audit Circular
(Adapted from OMB Circular A-133)
D. For grants funded with federal funds, the Grantee will also comply with the Office of
Management and Budget (OMB) Circular A-133, Audits of States, Local Governments, and
Non -Profit Organizations (revised 6/97), located at
htty.//www.whitehouse.gov/omb/zrants/grants circulars.htmL
FY 2005 TANG Grant 6 of 10
E. The Grantee will comply with the Institute of Museum and Library Services' 45 Code of
Federal Regulations, Part 1183, Uniform Administrative Requirements for Grants and
Cooperative Agreements to States and Local Governments (adapted from OMB Circular A-
102).
F. All publicity relating to the grant award must include acknowledgement of the Institute of
Museum and Library Services and the Texas State Library and Archives Commission
whenever possible and practical. Publicity includes, but is not limited to press releases, media
events, public events, displays in the benefiting library, announcements on the Grantee's
Website, and materials distributed through the grant project. The Grantee will provide the
Grantor with one set of all public relations materials produced under this grant.
G. 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 all records requested -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.
H. The Grantee agrees to maintain all financial and programmatic records, supporting documents,
statistical records, and other records relating to this grant award according to Section II,
Subpart C.42 of UGMS, and according to DALS requirements. In general, Grantees must
maintain records for a minimum of seven years from the date the Grantee submits to Grantor
the last single audit or audit report for the grant period.
I. The Grantee agrees to develop or revise, as necessary, any specific written docutmentation of
its current procedures for (1) collecting and reporting performance measures; (2) conducting a
fixed asset inventory; and/or, (3) any other issues identified in the Grantor's internal audit
report of grant activities. Drafts of this procedural documentation will be submitted to Grantor
by dates established mutually between Grantor and Grantee. Grantor will provide review and
guidance to enable final versions to be approved on or before established deadlines.
IX. 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 federal or state statute or regulation, an assurance, in a
state plan or application, a notice of award, or elsewhere, the 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 the 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;
FY 2005 TANG Grant 7 of 10
3. Wholly or partly suspend or terminate the current award for the Grantee's or Sub -grantee's
program;
4. Withhold further awards for the program; or
5. Take other remedies that may be legally available.
B. Hearing, appeals. In taking an enforcement action, the 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 the Grantor 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 noncancelable; 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 E.O. 12549 (see UGMS Section III,
Subpart C, Sec. 35) and state law.
X. CONTACTS AT TSLAC
Questions or concerns about programmatic issues. Workshop Reporting Forms, and Prior
Approval Requests should be directed to this grant's Program Manager:
TANG Program Manager
Phone: 512-463-5532
Fax: 512-463-8800
E-mail: kwalls@tsl.state.tx.us
Questions or concerns about regulatory or financial issues should be directed to:
Manager, Accounting and Grants Department
Phone: 512-463-6626
Fax: 512-475-0185
E-mail: Ilutz@tsl.state.tx.us
FY 2005 TANG Grant 8 of 10
Documentation relating to required Requests for Reimbursement/Advance, Financial Status
Reports, Performance Target Reports, annual Equipment/Property Inventory Reports, and any
other miscellaneous forms and reports should be faxed or emailed to:
Grants Accountant
Phone: 512-463-5472
Fax: 512-475-0185
E-mail: sjustice@tsl.state.tx.us
Payments from Grantee to the Grantor, such as those for excess advanced funds or for interest
earned each quarter on advanced funds, should be mailed along with an explanation of the purpose
of the payment and must include the grant number. This information should be directed to:
Grants Accountant
Accounting and Grants Department
Texas State Library and Archives Commission
PO Box 12516
Austin, TX 78711-2516
XI. APPLICABLE AND GOVERNING LAW
A. The laws of the State of Texas shall govern this grant. All duties of either party shall be legally
performable in Texas. The applicable law for any legal disputes arising out of this contract
shall be the law of (and all actions hereunder shall be brought in) the State of Texas, and the
forum and venue for such disputes shall be Travis County, District Court.
B. This grant is subject to availability of funds.
XII. GRANT CERTIFICATIONS
A. The Grantor certifies that: (1) the services specified in the approved grant application, plan of
service, 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, General Powers and Duties, Texas
Government Code § 441.135 Grants (Systems Act), P.L. 108-81, the Library Services and
Technology Act (LSTA), the State Plan for the LSTA in Texas, and the Uniform Grant
Management Standards (UGMS).
B. The Grantee certifies by this contract that it will comply with the Assurances —Non -
Construction programs (OMB Standard Form 424B), the Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, and the
Certification Regarding Lobbying, as submitted to the Grantor. Additional assurances are
listed in UGMS, Subpart B.14.
FY 2005 TANG Grant 9 of 10
C. The Grantee affirms that it has not given, offered to give, nor intends to give at any time
hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount,
trip, favor or service to a public servant in connection with this contract. The Grantee further
affirms that its employees or agents shall neither solicit nor accept gratuities, favors or
anything of monetary value from contractors, potential contractors, or parties to any sub -
agreements.
D. The Grantee has provided to the Grantor the mandatory Internet Safety Certification
(Certification) that it is in compliance with requirements of the Children's Internet Protection
Act (CIPA) for any federal funds under this grant that will be used to purchase computers used
to access the Internet or pay for the direct costs of accessing the Internet. Grantee agrees to
collect, as required and appropriate, certification forms from all libraries receiving benefits of
federal funds expended under this contract.
E. The Grantee further certifies that no federal funds from this grant award will be made available
for a public library, or public elementary or secondary school library that does not currently
receive E-rate services, to purchase computers used to access the Internet or pay for the direct
costs of accessing the Internet, unless the library has certified compliance with the applicable
CIPA requirements. Should federal funds awarded as part of this grant be used for a public
library, or public elementary or secondary school library that does not currently receive E-rate
services, to purchase computers used to access the Internet or to pay for the direct costs of
accessing the Internet, Grantee will ensure that Certification forms are received from all
libraries receiving such benefits of federal funds expended under this contract.
SIGNATURES
GRANTOR
Texas State Library and Archives Commission
Library
C
Edward Seidenberg, Assistant State Li rarian
10-o7•��f
Date
Donna Osborne, Chief Fiscal Officer
O'e-19d 1_1
Date
FY 2005 TANG Grant 10 of 10
GRANTEE
City of Lubbock, Lubbock City -County
empowered
to enter into
Marc McDougal
Typewritten or Printed Name
Mayor
Title
September 28, 2004
Date
Attest RebEcea farza City Secretary-
Resolution No. 2004—RO457
September 28, 2004
Item No. 14
TEXAS STATE LIBRARY & ARCHIVES COMMISSION
INTERLIBRARY LOAN CENTER GRANT
Grant Number: 771-05044
I. CONTRACTING PARTIES
Grantor: Texas State Library and Archives Commission (TSLAC)
Grantee: City of Lubbock, Lubbock City -County Library Rt EC EI
1306 9th Street
Lubbock, Texas 79401-2708 OCT 0 7 2004
II. TERM OF GRANT T; T111,1
M T
September 1, 2004, to August 31, 2005
III. STATEMENT OF SERVICES TO BE PERFORMED
Grant -funded activities shall provide services outlined in the approved Interlibrary Loan Center
grant application. The Grantee will comply during the period of this contract and provide services
as outlined within the approved grant application (Interlibrary Loan Center Grant for State FY05)
as approved by the Grantor. The approved grant application submitted by Grantee becomes part of
this contract by this reference.
A. The Grantor will reimburse the Grantee for expenses incurred in processing and filling
interlibrary loan (ILL) requests for library materials and information from public, academic,
and special libraries and for processing interlibrary loan requests originating with the grantee.
The Grantor will also reimburse the Grantee for providing OCLC system use support to Texas
Group selective user libraries in the Grantee's service area.
B. The Grantee will provide free interlibrary loan service according to the operating procedures
set by the Grantor.
C. The Grantee will employ the following full-time equivalent (FTE) positions, whose work
assignments are exclusively to provide interlibrary loan services:
1 FTE Data Entry Operator
.75 FI'E Customer Svc Rep
.25 FI'E Librarian II
D.. The Grantee 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 access OCLC, or other appropriate technology.
FY 2005 ILL Grant 1 of 11
E. The Grantee agrees to provide rapid and convenient access to its catalog of holdings and its
circulation system for use without charge by the project staff.
F. The budget allocations are based on the following performance objectives:
1. Fill 5,600 interlibrary loan requests from the Grantee's resources.
2. Process 19,700 interlibrary loan transactions.
3. Maintain an average response time of 24 hours for interlibrary loan requests.
4. Maintain a maximum turnaround time of 8.0 days for requests from the region filled by the
Grantee.
5. Maintain a maximum turnaround time of 15.0 days for requests referred to and filled by
other libraries.
G. The Grantee will comply during the period of this contract with its Interlibrary Loan Center
grant application.
H. The Grantee agrees, upon written request of Grantor, 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.
IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS
A. The total amount of the grant shall not exceed: $69,600
B. Source of funds:
Federal Funds, CFDA # 45.310
Institute of Museum and Library Services, State Library Program
Federal Fiscal Year 2004 Carryover
C. The Grantee is restricted to one of two methods for requesting funds from the Grantor. The
Grantee may request an advance payment for estimated expenditures to be incurred for the
upcoming 30 days, or request a reimbursement of the actual expenditures for the Grantee's
normal billing cycle.
D. The Grantee must request payments from Grantor on the OMB Standard Form 270, Request
for Advance or Reimbursement. Payment requests may be submitted to Grantor monthly,
quarterly, or any other standard time period, at the discretion of the Grantee's governing entity;
however, requests may not be submitted more than once per month. A Form 270 is due to the
Grantor on or before the 151h of the month to receive payment for the beginning of the
following month. Funds will generally be received by the Grantee within 10 days after Grantor
receives the funds from the federal government.
E. If requesting a reimbursement, Grantee must use box 11 on the Form 270. Grantor must
receive final request for reimbursement on or before October 15, 2005.
FY 2005 ILL Grant 2 of It
F. If requesting an advance, the Grantee must follow procedures that minimize the time elapsing
between the receipt and the disbursement of advanced grant funds. Grantees requesting
advance funds must use box 12 (rather than box 11) on the Form 270. Requests for advance
funds will generally be disbursed by the first working day of the advance period on the request,
provided request forms are received by stated deadlines. Grantor must receive final request
for advance on or before July 31, 2005.
G. The Grantee will add any program income to the funds committed to the grant, using such
program income for the purposes and under the conditions of the grant. The source and
amount of the program income must be explained in box 12 of the quarterly Financial Status
Report.
H. The Grantee may not obligate grant funds after August 31, 2005. All obligations must be
liquidated on or before October 15, 2005. All unexpended funds in excess of $25.00 must be
returned to the Grantor along with the Final Financial Status Report (FSR). See Section VII.B.
of this contract for FSR due dates.
I. Per the approved grant application, funds are approved according to the following budget.
These budget categories are defined in UGMS, Section II, Attachment B, and in the TexNet
Center Policy Manual.
Personnel
$40,273
Fringe Benefit
10,123
Travel
600
Equipment/Property
0
Supplies
750
Contractual
2,090
Other
10,000
Total Direct Costs
$63,836
Indirect Costs 5,764
Total $69,600
V. WRITTEN PRIOR APPROVALS FOR FISCAL AND PROGRAMMATIC CHANGES
The Grantee must request written prior approval for fiscal and/or programmatic changes as
outlined in this Section. Grantee must receive written prior approval before obligating or
expending grant funds under any of the following conditions. Grantee must request written prior
approval on the Prior Approval Request form. Under no condition can a Grantee request to exceed
the total grant amount. Grantor must receive all prior requests on or before July 31, 2005.
Approvals received after this date will be considered on a case -by -case basis.
A. Fiscal changes must have written prior approval under the following conditions:
1. Making cumulative transfers among budget cost categories or projects which are expected
to exceed ten (10) percent of the total grant; and/or,
FY 2005 ILL Grant 3 of 11
2. Transferring any funds into a budget cost category that currently equals zero ($0).
B. Programmatic changes to the approved application (Interlibrary Loan Grant Application) must
have written prior approval under any of the following conditions:
1. Obtaining the services of a third party to perform activities that are central to the purposes
of the grant; and/or,
2. Changing the scope or objectives of the approved program, regardless of whether there is
an associated budget revision. A change in scope is a substantive difference in the
approach or method used to reach program objectives.
C. All changes to the items listed under the following cost categories, if any, must have written
prior approval. Written prior approval is also required if an item's cost or features are
substantially different from what the approved grant application specifies or from a previously
approved Prior Approval Request. Note: Written prior approval is required for ALL changes
involving the purchase of computer equipment or Internet services. In addition, Grantee must
comply with Internet Safety Certification requirements, as further outlined in Section XII of
this contract.
COST CATEGORIES
l: Preaward Costs
None
2. Insurance (if not required by the grant)
None
3. Rearrangements and Alterations of Facilities
None
4. Equipment/Property
None
VI. EQUIPMENT AND PROPERTY REQUIREMENTS
A. The Grantee agrees to maintain records on all equipment/property with an acquisition cost
above governing entity's capitalization level. Subject to the obligations and conditions set
forth in the Uniform Grant Management Standards (UGMS) Section III, Subpart C.32 (a),
title to equipment acquired under a grant will vest in the Grantee upon acquisition.
B. Equipment/Property is hereby defined as an article of nonexpendable, tangible personal
property having a useful life of more than one year, and an acquisition cost that equals or
exceeds the capitalization amount established by Grantee's governing entity. Grantee must
furnish a statement to Grantor certifying the governing entity's capitalization level with each
Prior Approval Request Form for equipment and/or property.
C. The UGMS Subpart C, Sec. 32, (d) (3) requires certain items of equipment (stereo systems,
still and video cameras, facsimile machines, VCRs and VCR/TV combinations, and cellular
FY 2005 ILL Grant 4 of 11
and portable telephones) to be maintained on inventory if the item's cost is above $500, or if
the item could be easily lost or stolen.
D. When property is vested in the Grantee, the Grantee will dispose of equipment/property in
accordance with the UGMS Subpart C, Sec. 32, (e). When the Grantee has been given
federal or state equipment/property, Grantee will follow the UGMS Subpart C, Sec. 32, (f)
will be followed.
E. The Grantee must include any equipment/property acquired with grant funds in the required
bi-annual property inventory, and follow UGMS guidelines for property disposal. The
Grantee agrees to submit the Equipment/Property Acquired Form by October 31, 2005,
for all equipment/property purchased during the current grant year. This list must balance
the equipment/property purchased with prior approval amounts.
F. The UGMS Subpart C, Sec. 32, (d) requires the Grantee to reconcile the equipment/property
records with a physical inventory of the equipment/property every two years. This biennial
inventory does not need to be submitted to the Grantor, but must be maintained by the
grantee and will be subject to review by the grantor.
G. All changes to items listed in the Equipment/Property category outlined in Section V.C.4. of
this contract require written prior approval. This category includes equipment, furniture,
library materials, etc. purchased wholly or in part with grant funds. The prior approval
amount listed in that Section is the total approved capital expenditure amount, which is
defined as the cost of the equipment and/or property, including any cost necessary to put the
item into service, such as the cost of any modifications, attachments, accessories, or auxiliary
apparatus necessary to make the item usable for the purpose for which it is acquired.
Ancillary charges, such as taxes, duty, protective in -transit insurance, freight, and installation
may be included in, or excluded from, capital expenditure cost in accordance with the
Grantee's regular accounting practices.
VII. REPORTING REQUIREMENTS
The State Legislature has charged the Grantor with submitting performance measurement reports
that specify the level of services provided by its programs and services. In accepting these grant
funds, the Grantee acknowledges responsibility for performing certain services on behalf of the
Grantor, as outlined in the approved Grant Application. Therefore, the Grantee is responsible for
submitting periodic reports that reflect the Grantee's level of performance on these services to the
Grantor. To comply with these requirements, the Grantee agrees to submit reports that are timely,
accurate, auditable, and consistent with definitions.
A. The Grantee agrees to submit ILL statistics to the Grantor monthly. The Grantee will maintain
a record of each interlibrary loan request submitted to other libraries.
B. The Grantee agrees to submit turnaround time data records to the Grantor within two weeks of
the completion of the data records.
FY 2005 ILL Grant 5 of 11
C. The TSLAC has provided the OCLC interlibrary loan tool, ILLiad, to particular Grantees for
the purpose of facilitating the ELL process. Grantees who have been provided this tool will
provide quarterly narrative progress reports detailing steps taken to fully implement the use of
OCLC's ILLiad interlibrary loan management software tool. The progress reports will be
evaluated by the Grantor to certify that Grantee has made reasonable efforts to collaborate in a
timely fashion with the Grantor to ensure efficient and effective implementation of the tool.
Grantor is hosting the ILLiad server to benefit program participants, and timely
implementation is required to achieve full benefits of the software application. The quarterly
ILLiad reports are due on the same dates as the Financial Status Reports schedule, as listed in
Paragraph D of this Section.
D. The Grantee agrees to submit the quarterly Financial Status Report (FSR) for each project
funded under this contract on or before the due dates listed in the following schedule. In
addition, Grantee must submit with the FSR report, quarterly expenditure summary
information for all budget categories listed in Section IV.I of this contract, in a format to be
provided by Grantor.
Renortina Period Due Date
September 1, 2004 - November 30, 2005 December 31, 2004
December 1, 2004 - February 28, 2005 March 31, 2005
March 1, 2005 - May 31, 2005 June 30, 2005
June 1, 2005- August 31, 2005 September 30, 2005
The final Financial Status Report is due on or before November 15, 2005.
E. The Grantee will send the Grantor a copy of all management letters issued by an auditor with
the reporting package (or written notification, as applicable) within 30 days of the audit. The
audit's Schedule of Expenditures of Federal and State Awards must list the amount of awards
expended for each award year separately.
VIII. GENERAL TERMS AND CONDITIONS
A. The Grantee will comply with the TexNet Center Policies Manual.
B. The Grantee will comply with the following three parts of the Governor's Office of Budget and
Planning, Uniform Grant Management Standards (UGMS), revised June 2004, located at
http://www. governor.state.tx. us/divisions/stategrants/guidel i nes/iiles/U G MS062004. doc.
1. Cost Principles for State and Local Governments and Other Affected Entities
(Adapted from OMB Circular A-87)
2. State Uniform Administrative Requirements for Grants and Cooperative Agreements
(Adapted from OMB Circular A-102)
3. State of Texas Single Audit Circular
(Adapted from OMB Circular A-133)
FY 2005 ILL Grant 6 of 11
C. For grants funded with federal funds, the Grantee will also comply with the Office of
Management and Budget (OMB) Circular A-133, Audits of States, Local Governments, and
Non -Profit Organizations (revised 6/97), located at
http://Www.whitehouse.,aovlomb/grants/grants circulars.html.
D. The Grantee will comply with the Institute of Museum and Library Services' 45 Code of
Federal Regulations, Part 1183, Uniform Administrative Requirements for Grants and
Cooperative Agreements to States and Local Governments (adapted from OMB Circular A-
102).
E. All publicity relating to the grant award must include acknowledgement of the Institute of
Museum and Library Services and the Texas State Library and Archives Commission
whenever possible and practical. Publicity includes, but is not limited to press releases, media
events, public events, displays in the benefiting library, announcements on the Grantee's
Website, and materials distributed through the grant project. The Grantee will provide the
Grantor with one set of all public relations materials produced under this grant.
F. 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 all records requested. 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.
G. The Grantee agrees to maintain all financial and programmatic records, supporting documents,
statistical records, and other records relating to this grant award according to Section H,
Subpart C.42 of UGMS, and according to IMLS requirements. In general, Grantees must
maintain records for a minimum of seven years from the date the Grantee submits to Grantor
the last single audit or audit report for the grant period.
H. The Grantee agrees to develop or revise, as necessary, any specific written documentation of
its current procedures for (1) collecting and reporting performance measures; (2) conducting a
fixed asset inventory; and/or, (3) any other issues identified in the Grantor's internal audit
report of grant activities. Drafts of this procedural documentation will be submitted to Grantor
by dates established mutually between Grantor and Grantee. Grantor will provide review and
guidance to enable final versions to be approved on or before established deadlines.
IX. 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 federal or state statute or regulation, an assurance, in a
state plan or application, a notice of award, or elsewhere, the Grantor may take one or more of
the following actions, or impose other sanctions, as appropriate in the circumstances:
FY 2005 ILL Grant 7 of 11
1.Temporarily withhold cash payments pending correction of the deficiency by the Grantee or
Sub -grantee, or more severe enforcement action by the 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
S.Take other remedies that may be legally available.
B. Hearings, appeals. In taking an enforcement action, the 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 the Grantor 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:
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 noncancelable; 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 E.O. 12549 (see UGMS Section III,
Subpart C, Sec. 35) and state law.
X. CONTACTS AT TSLAC
Questions or concerns about programmatic issues, monthly statistic reports, data turnaround
reports, quarterly narrative reports, and Prior Approval Requests should be directed to this grant's
Project Manager:
FY 2005 ILL Grant 8 of 11
TexNet Coordinator
Phone: 512-463-5406
Fax: 512-936-2306
E-mail: sbennett@tsl.state.tx.us
Questions or concerns about re ulatoly or financial issues should be directed to:
Manager, Accounting and Grants Department
Phone: 512-463-6626
Fax: 512-475-0185
E-mail: llutz @ tsl.state. tx.us
Documentation relating to required Requests for Reimbursement/Advance, Financial Status
Reports, annual Property/Inventory Reports, and any other miscellaneous forms and reports should
be directed to:
Grants Accountant
Phone: 512-463-5472
Fax: 512-475-0185
E-mail: justice@tsl.state.tx.us
Payments from Grantee to the Grantor, such as those for excess advanced funds or for interest
earned each quarter on advanced funds, should be mailed along with an explanation of the purpose
of the payment and must include the grant number. This information should be directed to:
Grants Accountant
Accounting and Grants Department
Texas State Library and Archives Commission
PO Box 12516
Austin, TX 78711-2516
XI. APPLICABLE AND GOVERNING LAW
A. The laws of the State of Texas shall govern this grant. All duties of either party shall be legally
performable in Texas. The applicable law for any legal disputes arising out of this contract
shall be the law of (and all actions hereunder shall be brought in) the State of Texas, and the
forum and venue for such disputes shall be Travis County, District Court.
B. This grant is subject to availability of funds.
XII. GRANT CERTIFICATIONS
A. The Grantor certifies that: (1) the services specified in the approved grant application, plan of
service, and this contract are necessary and essential for activities that are properly within the
FY 2005 ILL Grant 9 of It
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, General Powers and Duties, Texas
Government Code § 441.135 Grants (Systems Act), P.L. 104-208, the Library Services and
Technology Act (LSTA), the State Plan for the LSTA in Texas, and the Uniform Grant
Management Standards (UGMS).
B. The Grantee certifies by this contract that it will comply with the Assurances —Non -
Construction programs (OMB Standard Form 424B), the Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, and the
Certification Regarding Lobbying, as submitted to the Grantor. Additional assurances are
listed in UGMS, Subpart B.14.
C. The Grantee affirms that it has not given, offered to give, nor intends to give at any time
hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount,
trip, favor or service to a public servant in connection with this contract. The Grantee further
affirms that its employees or agents shall neither solicit nor accept gratuities, favors or
anything of monetary value from contractors, potential contractors, or parties to any sub -
agreements.
D. The Grantee has provided to the Grantor the mandatory Internet Safety Certification
(Certification) that it is in compliance with requirements of the Children's Internet Protection
Act (CIPA) for any federal funds under this grant that will be used to purchase computers used
to access the Internet or pay for the direct costs of accessing the Internet. Grantee agrees to
collect, as required and appropriate, certification forms from all libraries receiving benefits of
federal funds expended under this contract.
E. The Grantee further certifies that no federal funds from this grant award will be made available
for a public library, or public elementary or secondary school library that does not currently
receive E-rate services, to purchase computers used to access the Internet or pay for the direct
costs of accessing the Internet, unless the library has certified compliance with the applicable
CIPA requirements. Should federal funds awarded as part of this grant be used to purchase
computers for a public library, or public elementary or secondary school library that does not
currently receive E-rate services, to purchase computers used to access the Internet or pay for
the direct costs of accessing the Internet, Grantee will submit a revised Certification form, and
ensure revised Certification forms are received from all other libraries receiving benefits of
federal funds expended under this contract.
FY 2005 ILL Grant 10 of 11
SIGNATURES
GRANTOR
Texas State Library and Archives Commission
Library
L
Edward Seidenberg, Assistant State Jan
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Date
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Donna Osborne, Chief Fiscal Officer
Date
GRANTEE
City of Lubbock, Lubbock City -County
Zftture (Musybe an official empowered
to enter into co tracts)
Marc McDougal
Typewritten or Printed Name
Mayor
Title
September 28, 2004
Date
Attest: Rebecca Garza, City Secretary
FY 2005 ILL Grant 11 of 11