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HomeMy WebLinkAboutResolution - 5242 - Contract & Amendments - TSLAC - WTLS & ILL Support - 08_22_1996RESOLUTION NO. 5242 August 22, 1996 Item #13 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 the necessary SFY 1997 contract documents and subsequent amendments with the Texas State Library and Archives Commission to support the West Texas Library System (WTLS) and Interlibrary Loan Grant Program (ILL), for and on behalf of the City of Lubbock. Said Grant Application is attached hereto and Inca d in this Resolution as if fully set forth herein and shall be included in the minutes of WeCouncil. Passed by the City Council this ATTEST: rjL...TM Y 'r` � -� iI P. e APPROVED AS TO CONTENT: C�4, Je pel ibrary Director ALW:dpccdocslwdssw August 12, 1996 RESOLUTION No. 5242 August 22, 1996 Item #13 CONTRACT FOR LIBRARY SYSTEMS SERVICES Contract # 565.9 Index # 50412 PCA # 72061 This Contract and Agreement is entered into by and between the Texas State Library and Archives Commission and the Local Governmental Unit pursuant to the authority granted and in compliance with the provisions of Texas Government Code § 441.121 et. seq., the Library Systems Act; Texas Government Code § 441.006, General Powers and Duties; and Public Law 101-254, the Library Services and Construction Act. I. CONTRACTING PARTIES: The Receiving Agency: Texas State Library and Archives Commission The Performing Agency: City of Lubbock, Lubbock City -County Library 11. STATEMENT OF SERVICES TO BE PERFORMED: A. The Receiving Agency agrees to make a grant of monies to be used for the purpose of providing services to the Major Resource System as approved in the System's Annual Program of Services for 1997. The Performing Agency agrees that any activities conducted as part of this contract shall conform to the System's Annual Program of Services for 1997. System activities shall support and encourage the active and successful participation by libraries in services offered by the system and the Receiving Agency. B. The Performing Agency agrees to adhere to all regulations cited in the Rules for Administering the Library Systems Act, the Common Rule and the Uniform Grant and Contract Management Standards for State Agencies which shall be considered a part of this contract. C. The Performing Agency may charge expenditures against this grant only if they conform to the system annual program of services and budget, as approved by the Receiving Agency, and are for reimbursement of expenses incurred or obligated during the grant period. Grant funds may not be encumbered after August 31, 1997. By October 31, 1997, a final Financial Status Report will be submitted to the Receiving Agency and all unexpended funds will be returned. A final request for any funds due must be submitted no later than February 28, 1998; requests received after this date will not be paid. D. The Performing Agency agrees to audit all funds received under this contract. Such audit shall be conducted in accordance with Office of Management and Budget Circular A-128, Audits of State and Local Governments. The audit will be provided to the Receiving Agency no later than 360 days following the close of the city fiscal year. An audit report must be provided for each fiscal year in which funds from this grant are expended. For purposes of identification this grant must be designated in the audit report as Contract # 565.9. E. Program income must be added to grant funds received under this contract and reported in the quarterly Financial Status Report. Page 2 of 6 F. The Performing Agency may not use monies received under this grant to replace local funds during the period of the grant. G. Any publication or presentation resulting from or primarily related to the work conducted under this contract shall contain the following disclaimer: The activity which is the subject of this report was supported in whole or in part by the U.S. Department of Education. However, the opinions expressed herein do not necessarily. reflect the position or policy of the U.S. Department of Education and no official endorsement by the U.S. Department of Education should be inferred. Promotional materials, bibliographies, and other such short pieces should give the following acknowledgment: Published with funds granted by the Texas State Library under the Texas Library Systems Act (Texas Government Code § 441,121 et. seq.) and the Library Services and Construction Act( P.L. 101-254). H. The Performing Agency is free to copyright any books, publications or other materials developed as a result of this grant; however, the Receiving Agency reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use and to authorize others to use, the work for government purposes. I. The Performing Agency certifies by this contract that it is in full compliance with the assurances set forth in the Annual Plan for System Service grant application submitted to the Receiving Agency which requested federal and/or state assistance. J. The Performing Agency agrees to retain all financial, performance, and compliance reports pertinent to this grant for a period of seven (7) years. Such records shall be made accessible to the Secretary of Education, the Comptroller General of the United States, the State of Texas, or any of their duly authorized representatives, for the purpose of audits or examinations and to make excerpts or transcripts of any books, documents, papers, and other records of the Performing Agency. K. The Performing Agency agrees to maintain inventory records of nonexpendable personal property purchased with grant funds having a unit acquisition cost of $300 or more. The Performing Agency will submit a listing of all property purchased with grant funds which cost $300 or more to the Receiving Agency on the Form TSL 51-12, "Property Inventory Record," by October 31, 1997. The Performing Agency agrees to conduct a physical inventory of such property every two years as set forth in the Uniform Grant and Contract Management Standards for State Agencies. The Performing Agency further agrees that title to equipment and library materials purchased under this contract and having a unit acquisition cost of $300 or more, shall be vested in the Texas State Library. Title to library materials and equipment, with a unit cost of less than $300 purchased under this contract, shall be vested in the library for which the equipment and library materials were purchased as provided for in the Rules for Administering the Library Systems Act. Page 3 of 6 L. The Performing Agency agrees to conform to bid specifications as submitted to the Receiving Agency. The Performing Agency agrees to secure the specific written approval of the Receiving Agency before obligating or expending grant funds for costs requiring grantor agency approval. The Receiving Agency authorizes the Performing Agency to expend grant funds for the following prior approval costs based on bid specifications as submitted with the Plan of Service or Contract Amendment: Automatic Data Processing Costs None Building and Related Costs None Equipment None Insurance and Indemnification None Professional Services Tutor Trainers $ 400 M. The Performing Agency agrees to provide the Receiving Agency with two (2) sets of all promotional materials produced under this contract. N. The Performing Agency agrees to submit the Uniform Statistical Reporting Form for Systems and the Local/Systems Objectives Report to the Receiving Agency at the end of each month. O. The Performing Agency agrees to submit the Key Performance Target Report to the Receiving Agency according to the following schedule: Reporting Period Due Date September 1, 1996 - November 30, 1996 December 6, 1996 December 1, 1996- February 28, 1997 March 6, 1997 March 1, 1997 - May 31, 1997 June 6, 1997 June 1, 1997 - August 31, 1997 September 5, 1997 P. The Performing Agency agrees to submit the Financial Status Report for each project funded under this contract according to the following schedule: Reporting Period eriod Due Date September 1, 1996 - November 30, 1996 December 30, 1996 December 1, 1996- February 28, 1997 March 25, 1997 March 1, 1997 - May 31, 1997 June 25, 1997 June 1, 1997 - August 31, 1997 September 25, 1997 A final Financial Status Report will be submitted by October 31, 1997. Q. The State Legislature has charged the Receiving Agency with submitting performance measurement reports that specify the level of services provided by its programs and services. The Performing Agency recognizes the importance of submitting certifiable performance measurements and agrees to submit reports that are timely, accurate, auditable, and consistent with definitions. The Performing Agency further understands that its failure to comply may result in suspension, termination, or other sanctions. Page 4 of 6 R. The Performing Agency agrees to submit the Regional Public Library Systems Project Evaluation Report according to the following schedule: ReportingPeriod eriod Due Date September 1, 1996 - February 28, 1997 March 25, 1997 March 1, 1997 -August 31, 1997 September 25, 1997 S. The Performing Agency will submit the Disadvantaged Services Report and the Workshop Reporting Forms for the period of September 1, 1996 to August 31, 1997, due September 25, 1997. T. The Performing Agency agrees to notify the Receiving Agency in writing within seven (7) days of the employment or resignation of professional staff paid in whole or in part with grant funds. U. The Performing Agency agrees to comply with the terms and conditions of this contract and acknowledges that failure to comply can result in grant suspension. Failure to submit required reports for a prior year grant can result in suspension of this grant. Suspension shall be effective fifteen (15) days after receiving written notification from the Receiving Agency. During the suspension, the Performing Agency shall be reimbursed for those costs which cannot be reasonably avoided provided they are allowable under the grant agreement. V. The Performing Agency affirms that it has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract. The Performing Agency further affirms that its employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors or parties to subagreements. W. The Contracting Parties may terminate this contract by giving written notice at least thirty (30) days prior to the effective dates of such termination. Termination procedures shall adhere to the provisions of the Uniform Grant and Contract Management Standards for State Agencies. III. PAYMENT FOR SERVICES: The Receiving Agency shall pay for services received from federal appropriation items or accounts of the Receiving Agency from which like expenditures would normally be paid, based upon a "Request for Advance or Reimbursement" submitted by the Performing Agency on SF 270. The request will be only for the amount of funds required to meet disbursement needs for a one -month period, but should not be less than $250 per request. IV. TERM OF CONTRACT: This Contract is to begin September 1, 1996 and shall terminate August 31, 1997. V. CONTRACT AMOUNT: The total amount of this Contract shall not exceed: $ 166,628 One Hundred Sixty -Six Thousand Six Hundred Twenty -Eight Dollars Source of Funds in this Contract: LSCA, Title 11996 Carryover CFDA # 84-034 I Page 5 of 6 VL BASES FOR CALCULATING REIMBURSABLE COSTS Limited EXPENSE Collection English CATEGORY Development Speaking Literacy TOTAL Personnel 4,864 295 790 5,949 Fringe Benefits 1,733 112 218 2,063 Travel 0 0 0 0 Equipment 0 0 0 0 Supplies 135,816 3,050 5,550 144,416 Contractual 0 200 200 400 Other 0 0 0 0 TOTAL DIRECT CHARGES 142,413 3,657 6,758 152,828 Indirect Charges 9.03% of Direct Charges 12,860 330 610 13,800 TOTAL 155,273 3,987 7,368 166,628 Funds may be transferred among the above projects and expense categories without amending this contract as long as the cumulative transfers do not exceed ten (10) percent of the total budget. This provision only applies to the above expense categories where dollars are budgeted and does not allow the contract to be exceeded. WTLS (Federal Contract #565.9) September 1, 1996 Page 6 of 6 VII. APPLICABLE AND GOVERNING LAW: A. This Contract shall be governed by the laws of the State of Texas. All duties of either party shall be legally performable in Texas. The applicable law for any legal disputes arising out of this contract shall be the law of (and all actions hereunder shall be brought in) the State of Texas, and the forum and venue for such disputes shall be Travis County, District Court. B. This Contract is subject to availability of funds. The undersigned Receiving Agency does hereby certify that (1) the services specified above are necessary and essential for activities that are properly within the statutory functions and programs of the affected agencies of state and local governments; (2) the services, supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of Texas to be supplied under contract given to the lowest bidder; and (3) the arrangements and payments contracted for are in compliance with the provisions for Programs of the Department of Education, the Rules and Regulations and the General Provisions of the Library Services and Construction Act, P.L. 101-254 and the State Library Plan for operation under the Library Services and Construction Act. RECEIVING AGENCY Tex Library By. Robert S. Martin Typewritten Name Above Director and Librarian Title Date Type or print name of local fiscal officer responsible for account into which these funds are to be paid. Name of Fiscal Officer Title (Must be an official of the Performing Agency) Address Telephone Number AGENCY y: r -Wr-W 4 ig ature (Must be an toe ter into contracts) David R. Langston Typewritten or Printed Name Above Mayor, City of Lubbock Title August 22, 1996 Date Type or print name of individual designated as the person entrusted with the safekeeping of the property acquired with grant funds. Jeff Riypel Name of Property Manager Director of Libraries Title of Property Manager P! n_ Rnx anon Tmhhprk TPxac 79457 Address R06-767-2922 Telephone Number ' RESOLUTION NO. 5242 August 22, 1996 Contract # 567.5 Item # 13 Index # 50423 PCA # 71063 CONTRACT FOR INTERLIBRARY LOAN SERVICES This Contract and Agreement is entered into by and between the State agencies shown below as Contracting Parties, pursuant to the authority granted and in compliance with the provisions of the Texas Government Code § 441.006, General Powers and Duties, Texas Government Code § 771.001, The Interagency Cooperation Act and Public Law 101-254, the Library Services and Construction Act. I. CONTRACTING PARTIES: The Receiving Agency: Texas State Library and Archives Commission The Performing Agency: City of Lubbock, Lubbock City -County Library H. STATEMENT OF SERVICES TO BE PERFORMED: A. The Receiving Agency will reimburse the Performing Agency for expenses incurred in processing and filling interlibrary loan requests for library materials and information from public, academic, and special libraries and for processing interlibrary loan requests originating with the Performing Agency. The Receiving Agency will also reimburse the Performing Agency for providing OCLC system use support to Texas Group selective user libraries in the Performing Agency's service area. B. The Performing Agency will provide free interlibrary loan service according to the operating procedures set by the Receiving Agency. C. The Performing Agency will add the following staff whose work assignments are exclusively to provide interlibrary loan services: .25 Librarian 11(Group 307) 1 Senior Clerk Typist (Group 404) .75 Clerk Typist (Group 402) D. The Performing Agency will provide office equipment, OCLC compatible computer(s), printer(s), and telephone line(s) directly into the interlibrary loan office, telephone extension to local library telephones, and permit the computer(s) to be connected without charge to an OCLC modem with line extenders or extended distance cables, or other appropriate technology. E. The Performing Agency agrees to provide rapid and convenient access to its catalog of holdings and its circulation system for use without charge by the project staff. Page 2 of 6 F. The Performing Agency's budget allocations under this contract are predicated upon the following performance objectives: 1. Fill 5,500 interlibrary loan requests from the Performing Agency's resources. 2. Process 20,000 interlibrary loan transactions. 3. Maintain an average response time of 24 hours for interlibrary loan requests. 4. Maintain a maximum turnaround time of 10.0 days for requests from the region filled by the Performing Agency. 5. Maintain a maximum turnaround time of 20.0 days for requests referred to and filled by other libraries. G. The Performing Agency may charge expenditures against this grant only if they conform to the approved budget categories specified in Paragraph V. of this agreement and are for reimbursement of expenses incurred or obligated during the grant period. Grant funds may not be encumbered after August 31, 1997. By October 31, 1997, a final Financial Status Report will be submitted to the Receiving Agency and all unexpended funds will be returned. A final request for any funds due must be submitted no later than February 28, 1998; requests received after this date will not be paid. H. The Performing Agency agrees to audit all funds received under this contract. Such audit shall be conducted in accordance with Office of Management and Budget Circular A-128, Audits of State and Local Governments. The audit will be provided to the Receiving Agency no later than 360 days following the close of the city fiscal year. An audit report must be provided for each fiscal year in which funds from this grant are expended. For purposes of identification this grant must be designated in the audit report as Contract # 567.5. I. Program income, including any credits or rebates which are awarded as a result of the activity of this contract, must be added to grant funds received under this contract and reported in the quarterly Financial Status Report. J. The Performing Agency may not use monies received under this grant to replace local funds during the period of the grant. K. Any publication or presentation resulting from or primarily related to the work conducted under this contract shall contain the following disclaimer: The activity which is the subject of this report was supported in whole or in part by the U.S. Department of Education. However, the opinions expressed herein do not necessarily reflect the position or policy of the U.S. Department of Education and no official endorsement by the U.S. Department of Education should be inferred. Promotional materials, bibliographies, and other such short pieces should give the following acknowledgment: Published with funds granted by the Texas State Library under the Library Services and Construction Act, Public Law 101-254. Page 3 of 6 L. The Performing Agency is free to copyright any books, publications or other materials developed as a result of this grant; however, the Receiving Agency reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use and to authorize others to use, the work for government purposes. M. The Performing Agency certifies by this contract that it is in full compliance with the assurances set forth in the Interlibrary Loan grant application submitted to the Receiving Agency which requested federal and/or state assistance. N. The Performing Agency agrees to retain all financial and programmatic records, supporting documents, statistical records, and any other records pertinent to this grant for a period of seven (7) years. Such records shall be made accessible to the Secretary of Education, the Comptroller General of the United States, the State of Texas, or any of their duly authorized representatives, for the purpose of audits or examinations and to make excerpts or transcripts of any books, documents, papers, and other records of the Performing Agency. O. The Performing Agency agrees to maintain inventory records of nonexpendable personal property purchased with grant funds having a unit acquisition cost of $300 or more. The Performing Agency will submit a listing of all property purchased with grant funds which cost $300 or more to the Receiving Agency on the Form TSL 51-12, "Property Inventory Record," by October 31, 1997. The Performing Agency agrees to conduct inventories of such property every two years as set forth in the Uniform Grant and Contract Management Standards for State Agencies. The Performing Agency further agrees that the Receiving Agency has the right to transfer all nonexpendable personal property, which includes equipment and library materials, acquired with funds from this grant and having a unit acquisition cost of $1,000 or more. P. The Performing Agency agrees to conform to bid specifications as submitted to the Receiving Agency. The Performing Agency agrees to secure the specific written approval of the Receiving Agency before obligating or expending grant funds for costs requiring grantor agency approval. The Receiving Agency authorizes the Performing Agency to expend grant funds for the following prior approval costs: Automatic Data Processing; Costs None Building and Related Costs None Equipment None Insurance and Indemnification None Professional Services None Page 4 of 6 Q. The Performing Agency agrees to provide the Receiving Agency with two (2) sets of all promotional materials produced under this contract. R. The Performing Agency agrees to participate fully in any special study, survey, or other research and testing, which is designed to evaluate or improve interlibrary loan policies, procedures or management, when requested by the Receiving Agency. S. The State Legislature has charged the Receiving Agency with submitting performance measurement reports that specify the level of services provided by its programs and services. The Performing Agency recognizes the importance of submitting certifiable performance measurements and agrees to submit reports that are timely, accurate, auditable, and consistent with the definitions. The Performing Agency further understands that its failure to comply may result in suspension, termination, or ether sanctions. T. The Performing Agency will create a record of each interlibrary loan request (transaction sheet) and make this record available to the Receiving Agency upon demand. The Performing Agency will also submit Monthly Activity Reports and will submit turnaround time data records at least once a month. U. The Performing Agency agrees to submit five (5) Financial Status Reports to the Receiving Agency according to the following schedule: Reportin Period eriod Due Date September 1, 1996 -November 30, 1996 December 30, 1996 December 1, 1996 - February 28, 1997 March 25, 1997 March 1, 1997 - May 31, 1997 June 25, 1997 June 1, 1997 - August 31, 1997 September 25, 1997 A final Financial Status Report will be submitted by October 31, 1997. V. The Performing Agency agrees to comply with the terms and conditions of this contract and acknowledges that failure to comply can result in grant suspension. Failure to submit required reports for a prior year grant can result in suspension of this grant. Suspension shall be effective fifteen (15) days after receiving written notification from the Receiving Agency. During the suspension, the Performing Agency shall be reimbursed for those costs which cannot be reasonably avoided provided they are allowable under the grant agreement. W. The contracting parties may terminate this contract by giving written notice at least thirty (30) days prior to the effective dates of such termination. Termination procedures shall adhere to the provisions of the Uniform Grant and Contract Management Standards for State Agencies. X. The Performing Agency affirms that it has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this contract. The Performing Agency further affirms that its employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors or parties to subagreements. Page 5 of 6 Y. The Performing Agency shall administer this grant in accordance with the Uniform Grant and Contract Management Standards for State Agencies and the Common Rule which shall be considered a part of this contract. III. PAYMENT FOR SERVICES: The Receiving Agency shall pay for services received from federal appropriation items or accounts of the Receiving Agency from which like expenditures would normally be paid, based upon a "Request for Advance or Reimbursement" submitted by the Performing Agency on Form SF 270. The request will be only for the amount of funds required to meet disbursement needs for a one - month period, but should not be less than $250 per request. IV. TERM OF CONTRACT: This contract is to begin September 1, 1996 and shall terminate August 31, 1997. V. BASES FOR CALCULATING REIMBURSABLE COSTS: Categm Amoun Personnel $ 32,846 Fringe Benefits 8,337 Travel 400 Supplies 750 Contractual 214 Other 12,200 Total Direct Charges $ 54,747 Indirect Charges 4,944 TOTAL CONTRACT AMOUNT $ 59,691 Funds may be transferred among the above cost categories without amending this contract as long as the transfers do not require a scope change. This provision only applies to the above cost categories where dollars are budgeted. The transfer of funds process does not allow the total amount of the contract to be exceeded. VI. CONTRACT AMOUNT: The total amount of this contract shall not exceed: $ 599691 Fifty -Nine Thousand Six Hundred Ninety -One Dollars Source of Funds in this Contract: LSCA, Title III 1996 Carryover CFDA # 84.035 t' Page 6 of 6 VII. APPLICABLE AND GOVERNING LAW: A. This Contract shall be governed by the laws of the State of Texas. All duties of either party shall be legally performable in Texas. The applicable law for any legal disputes arising out of this contract shall be the law of (and all actions hereunder shall be brought in) the State of Texas, and the forum and venue for such disputes shall be Travis County, District Court. B. This Contract is subject to availability of funds. The undersigned Receiving Agency does hereby certify that (1) the services specified above are necessary and essential for activities that are properly within the statutory functions and programs of the affected agencies of state and local governments; (2) the services, supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of Texas to be supplies under contract given to the lowest bidder, and (3) the arrangements and payments contracted for are in compliance with the provisions for Programs of the Department of Education, the Rules and Regulations and the General Provisions of the Library Services and Construction Act, P.L. 101-254 and the State Library Plan for operation under the Library Services and Construction Act. RECEIVING AGENCY Texa Libra By: Robert S. Martin Typewritten Name Above Director and Librarian Title Date '-- Type or print name of local fiscal officer responsible for account into which these funds are to be paid. Name of Fiscal Officer Title (Must be an official of the Performing Agency) Address Telephone Number AGENCY Signature (Must be an of empowered to enter into David R. Langston Typewritten or Printed Name Above Mayor, City of Lubbock Title August 22, 1996 Date Type or print name of individual designated as the person entrusted with the safekeeping of the property acquired with grant funds. (If applicable) Jeff Bippel Name of Property Manager Director of Libraries Position of Property Manager P.O. Box 2000 Lubbock, Tx 79457 Address 806-767-2822 Telephone Number RESOLUTION NO. 5242 August 22, 1996 Item #13 Contract # 564.9 Index # 50412 PCA # 72000 CONTRACT FOR LIBRARY SYSTEMS SERVICES This Contract and Agreement is entered into by and between the Texas State Library and Archives Commission and the Local Governmental Unit pursuant to the authority granted and in compliance with the provisions of Texas Government Code § 441.121 et. seq., the Library Systems Act; Texas Government Code § 441.006, General Powers and Duties; and Public Law 101-254, the Library Services and Construction Act. I. CONTRACTING PARTIES: The Receiving Agency: Texas State Library and Archives Commission The Performing Agency: City of Lubbock, Lubbock City -County Library H. STATEMENT OF SERVICES TO BE PERFORMED: A. The Receiving Agency agrees to make a grant of monies to be used for the purpose of providing services to the Major Resource System as approved in the System's Annual Program of Services for 1997. The Performing Agency agrees that any activities conducted as part of this contract shall conform to the Systems Annual Program of Services for 1997. System activities shall support and encourage the active and successful participation by libraries in services offered by the system and the Receiving Agency. B. The Performing Agency agrees to adhere to all regulations cited in the Rules for Administering the Library Systems Act, the Common Rule and the Uniform Grant and Contract Management Standards for State Agencies which shall be considered a part of this contract. C. The Performing Agency may charge expenditures against this grant only if they conform to the annual program of services and budget, as approved by the Receiving Agency. Grant funds may not be encumbered after August 31, 1997. By October 31, 1997, a final Financial Status Report will be submitted to the Receiving Agency and all unexpended funds will be returned. A final request for any funds due must be submitted no later than February 28, 1998; requests received after this date will not be paid. D. The Performing Agency agrees to audit all funds received under this contract. Such audit shall be conducted in accordance with Office of Management and Budget Circular A-128, Audits of State and Local Governments. The audit will be provided to the Receiving Agency no later than 360 days following the close of the city fiscal year. An audit report must be provided for each fiscal year in which funds from this grant are expended. For purposes of identification this grant must be designated in the audit report as Contract # 564.9. E. Program income must be added to grant funds received under this contract and reported in the quarterly Financial Status Report. Page 2 of 7 F. The Performing Agency may not use monies received under this grant to replace local funds during the period of the grant. G. Any publication or presentation resulting from or primarily related to the work conducted under this contract shall contain the following disclaimer: The activity which is the subject of this report was supported in whole or in part by the U.S. Department of Education. However, the opinions expressed herein do not necessarily reflect the position or policy of the U.S. Department of Education and no official endorsement by the U.S. Department of Education should be inferred. Promotional materials, bibliographies, and other such short pieces should give the following acknowledgment: Published with funds granted by the Texas State Library under the Texas Library Systems Act (Government Code § 441.121 et. seq.) and the Library Services and Construction Act (P.L. 101-254). H. The Performing Agency is free to copyright any books, publications or other materials developed as a result of this grant; however, the Receiving Agency reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use and to authorize others to use, the work for government purposes. I. The Performing Agency certifies by this contract that it is in full compliance with the assurances set forth in the Annual Plan for System Service grant application submitted to the Receiving Agency which requested federal and/or state assistance. J. The Performing Agency agrees to retain all financial, performance, and compliance reports pertinent to this grant for a period of seven (7) years. Such records shall be made accessible to the Secretary of Education, the Comptroller General of the United States, the State of Texas, or any of their duly authorized representatives, for the purpose of audits or examinations and to make excerpts or transcripts of any books, documents, papers, and other records of the Performing Agency. K. The Performing Agency agrees to maintain inventory records of nonexpendable personal property purchased with grant funds having a unit acquisition cost of $300 or more. The Performing Agency will submit a listing of all property purchased with grant funds which cost $300 or more to the Receiving Agency on the Form TSL 51-12, "Property Inventory Record," by October 31, 1997. The Performing Agency agrees to conduct a physical inventory of such property every two years as set forth in the Uniform Grant and Contract Management Standards for State Agencies. the Performing Agency further agrees that title to equipment and library materials purchased under this contract and having a unit acquisition cost of $300 or more shall be vested in the Texas State Library. Title to library materials and equipment with a unit cost of less than $300 purchased under this contract shall be vested in the library for which the equipment and library materials were purchased as provided for in the Rules for Administering the Library Systems Act. Page 3 of 7 L. The Performing Agency agrees to conform to bid specifications as submitted to the Receiving Agency. The Performing Agency agrees to secure the specific written approval of the Receiving Agency before obligating or expending grant funds for costs requiring grantor agency approval. The Receiving Agency authorizes the Performing Agency to expend grant funds for the following prior approval costs based on bid specifications as submitted with the Plan of Service or Contract Amendment: Automatic Data Processing Costs IBM Compatible Pentium Microcomputer $ 4,556 Data Processing Fees 4,500 Union Database 20,444 Building and Related Costs None Equipment None Insurance and Indemnification None Professional Services Audit 500 Photocopy Machine Lease 3,600 Workshop Presenters 2,000 M. The Performing Agency agrees to provide the Receiving Agency with two (2) sets of all promotional materials produced under this contract. N. The Performing Agency agrees to submit the Uniform Statistical Reporting Form for Systems and the Local/Systems Objectives Report to the Receiving Agency at the end of each month. O. The Performing Agency agrees to submit the Key Performance Target Report to the Receiving Agency according to the following schedule: Renortine Period Due Date September 1, 1996 - November 30, 1996 December 6, 1996 December 1, 1996- February 28, 1997 March 6, 1997 March 1, 1997 - May 31, 1997 June 6, 1997 June 1, 1997 - August 31, 1997 September 5, 1997 Page 4 of 7 P. The Performing Agency agrees to submit the Financial Status Report for each project funded under this contract according to the following schedule: Reporting Period Due Date September 1, 1996 - November 30, 1996 December 30, 1996 December 1, 1996- February 28, 1997 March 25, 1997 March 1, 1997 - May 31, 1997 June 25, 1997 June 1, 1997 - August 31, 1997 September 25, 1997 A final Financial Status Report will be submitted by October 31, 1997. Q. The State Legislature has charged the Receiving Agency with submitting performance measurement reports that specify the level of services provided by its programs and services. The Performing Agency recognizes the importance of submitting certifiable performance measurements and agrees to submit reports that are timely, accurate, auditable, and consistent with definitions. The Performing Agency further understands that its failure to comply may result in suspension, termination, or other sanctions. R. The Performing Agency agrees to submit the Regional Public Library Systems Project Evaluation Report according to the following schedule: Reporting, Period Due Date September 1, 1996 - February 28, 1997 March 25, 1997 March 1, 1997 -August 31, 1997 September 25, 1997 S. The Performing Agency will submit the Disadvantaged Services Report and the Workshop Reporting Forms for the period of September 1, 1996 to August 31, 1997, due September 25, 1997. T. The Performing Agency agrees to notify the Receiving Agency in writing within seven (7) days of the employment or resignation of professional staff paid in whole or in part with grant funds- U. The Performing Agency agrees to comply with the terms and conditions of this contract and acknowledges that failure to comply can result in grant suspension. Failure to submit required reports for a prior year grant can result in suspension of this grant. Suspension shall be effective fifteen (15) days after receiving written notification from the Receiving Agency. During the suspension, the Performing Agency shall be reimbursed for those costs which cannot be reasonably avoided provided they are allowable under the grant agreement. V. The Performing Agency affirms that it has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract. The Performing Agency further affirms that its employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors or parties to subagreements. Page 5 of 7 W. The Contracting Parties may terminate this contract by giving written notice at least thirty (30) days prior to the effective dates of such termination. Termination procedures shall adhere to the provisions of the Uniform Grant and Contract Management Standards for State Agencies. III. PAYMENT FOR SERVICES: The Receiving Agency shall pay for services received from federal appropriation items or accounts of the Receiving Agency from which like expenditures would normally be paid, based upon a "Request for Advance or Reimbursement" submitted by the Performing Agency on SF270. The request will be only for the amount of funds required to meet disbursement needs for a one -month period, but should not be less than $250 per request. Rule 1.97 (a) of the Rules for Administering the Library Systems Act shall not be applicable during the term of this contract. IV. TERM OF CONTRACT: This Contract is to begin September 1, 1996 and shall terminate August 31, 1997 contingent upon the approval and release of appropriations for State Fiscal Year 1997 by the official governing bodies of the State of Texas to the Receiving Agency. V. CONTRACT AMOUNT: The total amount of this contract shall not exceed: $253,838 Two Hundred Fifty -Three Thousand Eight Hundred Thirty -Eight Dollars Source of Funds in this Contract: SFY 1997 General Revenue VI. APPLICABLE AND GOVERNING LAW: A. This Contract shall be governed by the laws of the State of Texas. All duties of either party shall be legally performable in Texas. The applicable law for any legal disputes arising out of this contract shall be the law of (and all actions hereunder shall be brought in) the State of Texas, and the forum and venue for such disputes shall be Travis County, District Court. B. This Contract is subject to availability of funds. VIL BASES FOR CALCULATING REIMBURSABLE COSTS EXPENSE Audio Collection Continuing CATEGORY Administration Visual Automation Development Consulting Education Publicity TOTAL Personnel 58,487 21,119 6,927 0 18,185 6,467 864 112,049 Fringe Benefits 18,458 7,385 1,949 0 5,441 1,856 315 35,404 Travel 3,500 0 0 0 2,000 400 0 5,900 Equipment 0 0 0 0 0 0 0 0 Supplies 2,500 16,000 1,500 17,712 1,400 175 3,531 42,818 Contractual 8,600 0 20,444 0 0 2,000 0 31,044 Other 5,400 200 0 0 0 0 0 5,600 TOTAL DIRECT CHARGES 96,945 44,704 30,820 17,712 27,026 10,898 4,710 232,815 Indirect Charges 9.03% of Direct Charges 8,754 4,037 2,783 1,599 2,441 984 425 21,023 TOTAL 105,699 48,741 33,603 19,311 29,467 11,882 5,135 253,838 Funds may be transferred among the above projects and expense categories without amending this contract as long as the cumulative transfers do not exceed ten (10) percent of the total budget. This provision only applies to the above expense categories where dollars are budgeted and does not allow the contract to be exceeded. ro m m CD 0 0 WTLS (State Contract #564.9) September 1, 1996 Page 7 of 7 The undersigned Receiving Agency does hereby certify that (1) the services specified above are necessary and essential for activities that are properly within the statutory functions and programs of the affected agencies of state and local governments; (2) the services, supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of Texas to be supplied under contract given to the lowest bidder; and (3) the arrangements and payments contracted for are in compliance with the provisions for Programs of the Department of Education, the Rules and Regulations and the General Provisions of the Library Services and Construction Act, P.L. 101-254 and the State Library Plan for operation under the Library Services and Construction Act. RECEIVING AGENCY Texas to Library By: Robert S. Martin Typewritten Name Above Director and Librarian Title Date Type or print name of local fiscal officer responsible for account into which these funds are to be paid. Name of Fiscal Officer Title (Must be an official of the Performing Agency) Address Telephone Number David R. Langston Typewritten or Printed Name Above Mayor, City of Lubbock Title August 22, 1996 Date Type or print name of individual designated as the person entrusted with the safekeeping of the property acquired with grant funds. Ief£ Rj:nP1 Name of Property Manager nirorrnr of T.ihrariQa Position of Property Manager P.O. Box 2000 Lubbock, Tx 79457 Address 806-767-2822 Telephone Number