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HomeMy WebLinkAboutResolution - 4948 - Grant Contract - TSL & AC - Urban Library Aid - 09/14/1995Resolution No. 4948 September 14, 1995 Item X620 RESOLUTION WHEREAS, the City of Lubbock annually contracts with the Texas State Library for a grant in support of its role as a Major Resource Center in the West Texas Library System; and WHEREAS, such grant serves to improve and expand the program of the Lubbock City - County Library; NOW THEREFORE: 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 the following named grant contract and associated documents with the Texas State Library: (a) Urban Library Aid Contract (Contract No. 552.14) Said contract, attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of VID R. ATTEST: f2el'— Q e". fohns6n--VCity Secretary APPROVED AS TO CONTENT: JeefQibfary Director APPROVED AS TO FORM: Attorney DGV Js/LIBGRANT.RES ccdocs/August 25, 1995 September ,1995. Resolution No. 4948 September 14, 1995 Item #20 Contract # 552.14 Index # 60413 PCA # 61041 URBAN LIBRARY AID CONTRACT LIBRARY SERVICES AND CONSTRUCTION ACT TITLE I This Contract and Agreement is entered into by and between the Texas State Library and Archives Commission and the Local Governmental Unit pursuant to the authority granted and in compliance with the provisions of Texas Government Code, § 441.006, General Powers and Duties, and Public Law 101- 254, the Library Services and Construction Act. 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 Performing Agency agrees to support and expand the on-site use of the collection and provide reference services without charge to persons living outside the political subdivision(s) that financially support(s) the library; non-residents must receive these services under the same conditions as residents. Reference services are defined in the Instructions for the Annual Report/System Membership Application as "...an information contact that involves the knowledge, use, recommendation, interpretation, or instruction in the use of one or more information sources by a member of the library staff." The Performing Agency agrees to foster and encourage the sharing of library resources to non-residents to the maximum extent possible. The Receiving Agency agrees to reimburse the Performing Agency for services rendered under the terms and conditions of this contract. Provision of services by the Performing Agency and reimbursement by the Receiving Agency shall be made in accordance with the Performing Agency's grant application entitled "SFY 1996 MURL Grant Program." B. The Performing Agency may charge expenditures against this contract only if they conform to the grant application 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, 1996. By October 31, 1996, 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, 1997; requests received after this date will not be paid. C. 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/county 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 # 552.14. D. Program income must be added to grant funds received under this contract and reported in the quarterly Financial Status Report. Page 2 of 6 E. The Performing Agency may not use monies received under this grant to replace local funds during the period of the grant. F. 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. G. 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. H. The Performing Agency certifies by this contract that it is in full compliance with the assurances set forth in the Major Urban Resource Libraries grant application submitted to the Receiving Agency which requested federal and/or state assistance. I. 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. 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, 1996. 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. Page 3 of 6 K. 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 Auditor $40 L. The Performing Agency agrees to provide the Receiving Agency with two (2) sets of all promotional materials produced under this contract. M. The Performing Agency agrees to submit two (2) MURL Project Evaluation Reports according to the following schedule: ReportingPeriod September 1, 1995 - February 29, 1996 March 1, 1996 - August 31, 1996 Due Date March 25, 1996 September 25, 1996 N. The Performing Agency agrees to submit the four (4) MURL Uniform Statistical Reports and Explanation of Variance Reports to the Receiving Agency according to the following schedule: Reporting Period Due Date September 1, 1995 - November 30, 1995 December 7, 1995 December 1, 1995 - February 29, 1996 March 7, 1996 March 1, 1996 - May 31, 1996 June 7, 1996 June 1, 1996 - August 31, 1996 September 6, 1996 O. The Performing Agency agrees to submit five (5) Financial Status Reports to the Receiving Agency according to the following schedule: Reporting Period Due Date September 1, 1995 - November 30, 1995 December 29, 1995 December 1, 1995 - February 29, 1996 March 25, 1996 March 1, 1996 - May 31, 1996 June 25, 1996 June 1, 1996 - August 31, 1996 September 25, 1996 A final Financial Status Report will be submitted by October 31, 1996. Page 4 of 6 P. 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. 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. Q. 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. R. 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. S. 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, 1995 and shall terminate August 31, 1996. V. BASES FOR CALCULATING REIMBURSABLE COST: Category Amount Equipment $ 0 Supplies 15,732 Contractual 40 Other 0 Total Direct Charges $ 15,772 Indirect Charges 1,424 TOTAL CONTRACT AMOUNT $ 17,196 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. Page 5 of 6 VI. CONTRACT AMOUNT: The total amount of this contract shall not exceed: $ 17,196 Seventeen Thousand One Hundred Ninety -Six Source of Funds in this Contract: LSCA, Title 11995 Carryover CFDA # 84.034 VII. APPLICABLE AND GOVERNING LAW: A. This Contract shall be governed by the laws of the State of Texas. All duties of either party shall be legally performable in Texas. The applicable law for any legal disputes arising out of this contract shall be the law of (and all actions hereunder shall be brought in) the State of Texas, and the forum and venue for such disputes shall be Travis County, District Court. B. This Contract is subject to availability of funds. The undersigned Receiving Agency does hereby certify that (1) the services specified above are necessary and essential for activities that are properly within the statutory functions and programs of the affected agencies of state and local governments; (2) the services, supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of Texas to be supplied under contract given to the lowest bidder; and (3) the arrangements and payments contracted for are in compliance with the provisions for Programs of the Department of Education, the Rules and Regulations and the General Provisions of the Library Services and Construction Act, P.L. 101-254 and the State Library Plan for operation under the Library Services and Construction Act. RECEIVING AGENCY Texas St to Library By:�, Robert S. Martin Typewritten Name Above Director and Librarian Title 1 Date Type or print name of local fiscal officer responsible for account into which these funds are to be paid. Jeffrey A. Rippel Name of Fiscal Officer Library Director Title (Must be an official of the Performing Agency) 1306 9th Street, Lubbock, TX 79401 Address ($0) 767-2822 Telephone Number Page 6 of 6 G AGENCY Siglipture (Must be an official C empowered to enter into contracts) David R. Langston Typewritten or Printed Name Above Mayor Title September 14, 1995 Date Type or print name of individual designated as the person entrusted with the safekeeping of the property acquired with grant funds. (If applicable) Jeffrey A. Rippel Name of Property Manager Library Director Title of Property Manager 1306 9th Street, Lubbock, TX 79401 Address (806) 767-2822 Telephone Number PROVED AS TO CONTENT: J f ff Ri el, Library Director ED AS TO ORP1: ze? onald G. an iver, First Assistant City Attorney