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2003-001-RES ACCEPTING THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION LOAN STAR LIBRARIES GRANT. AUTHORIZING THE EXECUTION OF GRANT AGREEMENT NO. 442-03364 ~ ~ RESOLUTION NO. 2003-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ACCEPTING THE TEXAS STATE LIBRARY AND ARClllVES COMMISSION LOAN STAR LIBRARIES GRANT; AUTHORIZING THE EXECUTION OF GRANT AGREEMENT NO. 442- 03364; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, grant funding is available to libraries from the Texas State Library and Archives Commission to maintain, improve, expand, or enhance the resources of public libraries; and, WHEREAS, the Texas State Library and Archives Commission has issued its Grant Award entitled "Loan Star Libraries Grant" for the period beginning September I, 2002, and ending August 31, 2003, in the total amount of $5 ,862.00, which requires no matching funds from the City of Paris; and, WHEREAS, acceptance of the same requires the execution of Grant Agreement No. 442- 03364 by and between the City of Paris and the Texas State Library and Archives Commission, and it is deemed to be in the best interests of the citizens of Paris that the City of Paris accept said Grant Award to update computer equipment, purchase DVDs for the Library's new DVD collection, and fund leadership training; and, WHEREAS, the form of Grant Agreement No. 442-03364, attached hereto as Exhibit A, should, in all things, be approved, and the City Manager should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the [mdings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the "Loan Star Libraries Grant" for the period beginning September I, 2002, and ending August 31, 2003, in the total amount of $5 ,862. 00, requiring no matching funds from the City of Paris, be, and the same is hereby, accepted. Section 3. That the form of Grant Agreement No. 442-03364, attached hereto as Exhibit A, be, and the same is hereby, approved. Section 4. That the City Manager be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, Grant Agreement No. 442-03364, under the terms and conditions and in the form shown in Exhibit A, attached hereto. ~ Section 5. That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED this 13th day of January, 2003. ATTEST: ~I~\,"~d~ Mattie Cunningham, City Clerk \ APPROVED AS TO FORM: TEXAS STATE LIBRARY & ARCHIVES COMMISSION LOAN STAR LIBRARIES GRANT Grant Type C - Under $20,000 . Grant # 442-03364 I. CONTRACTING PARTIES Grantor: Texas State Library and Archives Commission (TSLAC) , Grantee: City of Paris, Paris Public Library 326 S Main St Paris, Texas 75460 II. TERM OF GRANT September 1, 2002 to August 31, 2003 III. GRANTOR CERTIFICATION The Grantor certifies that (1) the services specified below 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 ofthe Constitution of Texas to be supplied under contract given to the lowest bidder; and (3) the grant is in cpmpliance with Texas Government Code ~ 441.0091 et. seq., the Library System Act; Texas Government Code ~ 441.006, General Powers and Duties; and, the Uniform Grant Management Standards (UGMS). IV. GRANT AMOUNTS A. The total amount of the grant shall not exceed: $5,862 B. Source of funds: General Revenue State Fiscal Year 2003 TSLAC's accounting codes: Index Code Object Code 34421 7611 EXHIBIT A. Page 1 ofS Fiscal Year 2003 City of Paris Loan Star Libraries Grant C. Payment for this grant award will be funded in full upon delivery of a legally executed contract to Grantor. Grantee should receive payment within 10 days after TSLAC receives the contract. . D. Budget: Supplies Other $1,062 $4,800 Total Direct Costs $5,862 Indirect Costs Total $5,862 V. WRITTEN PRIOR APPROVALS FOR FISCAL AND PROGRAMMATIC CHANGES A. The Grantor must give written prior approval for any of the following fiscal changes: 1. Making cumulative transfers among budget cost categories or projects which are expected to exceed ten (10) percent of the total grant. 2. Transferring any funds into a budget cost category that equals zero ($0). Written prior approval is to be requested on the Loan Star Libraries Grant Program Revision Form and shall be requested when nearing the 10% limit or the end of the grant term. This provision does not allow the grant to be exceeded. All prior approvals must be requested by August 1,2003. Approvals received after this date will be considered on a case-by-case basis. B. The Grantor must give written prior approval for any of the following programmatic changes to the application (Loan Star Libraries Grants for State Fiscal Year 2003). 1. Changing key persons specified in the grant; however, none of the personnel 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. 3. Changing the scope or objectives (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. Written prior approval is to be requested on the Loan Star Libraries Grant Program Revision Form. All prior approvals must be received by August 1,2003. Fiscal Year 2003 City of Paris Loan Star Libraries Grant Page 2 ofS .~ C. The Grantor hereby gives prior approval for the items specified under the cost categories outlined below. Before the Grantee obligates or expends grant funds for additional items in the following cost categories, the Grantor must give written prior approval. Written prior approval is to be requested on the Program Revision form. Written prior approval is also required if an item's cost or features are substantially different from what the grant specifies, or from a previous Program Revision, All Program Revision forms must be received by Grantor on or before August 1, 2003. COST CATEGORIES 1. Preaward Costs None 2. Insurance (if not reauired bv the grant) None 3. Rearrangements and Alterations of Facilities None 4. EauiomentlProoertv None - Subject to the obligations and conditions set forth in Uniform Grant Management Standards (UGMS) Section ill, Subpart C.32 (a), title to equipment acquired under a grant will vest upon acquisition in the Grantee. Each piece of equipment/property is an article of nonexpendable, tangible personal property having a useful life of more than one year and an acquisition cost that exceeds the capitalization amount established by Grantee's governing entity. Equipment/property includes furniture, library materials, etc., purchased wholly or in part with grant funds. The prior approval amount is the capital expenditure, which means the cost of the equipment/property including the cost to put it in place. Capital expenditure for equipment/property means the net invoice price of the equipment/property, including the cost of any modifications, attachments, accessories, or auxiliary apparatus necessary to make it 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. VI. STATEMENT OF SERVICES TO BE PERFORMED The Grantee will comply during the period of this contract and provide services outlined within the grant application (Loan Star Libraries Grants Plan of Action for SFY 2003) as approved by the Grantor. Fiscal Year 2003 City of Paris Loan Star Libraries Grant Page 3 ofS VII. TERMS AND CONDITIONS A. The Grantee will comply with the Loan Star Libraries Administrative Rules for SFY 2003. Note that per 2.165(c) of the Rules, assurances relating to non-resident fees or TexShare Library Card Program are in effect for entire term of grant contract. B. The Grantee acknowledges that the intent of the grant is to provide funds to maintain, improve, and enhance local library services, and to provide Texans who are not residents of a particular local community access to and services from the many participating public libraries. C. The Grantee will comply with the Rules for Administering the Library Systems Act. Note that Grantee must continue to meet system membership requirements to be eligible for future grants, per Texas Government Code 441.138(c). D. The Grantee will comply with the following three parts of the Governor's Office of Budget and Planning Uniform Grant Management Standards (UGMS), revised January 2001, located at http://www.governor.state.tx.us/stategrants/UGMSO 12001.doc. 1. Cost Principles for state and Local Governments and Other Affected Entities (adapted from OMB Circular A-87) 2. State Uniform Administrative Requirement for Grants and Cooperative Agreements (adapted from OMB Circular A-I 02) 3. State ofTexas Single Audit Circular E. The Grantee will send the Grantor a copy of any management letters issued by the auditor with the reporting package (or written notification, as applicable). The audit's Schedule of Expenditures of Federal and State Awards will list the amount of awards expended for each award year separately. F. The Grantee may not obligate grant funds after August 31, 2003. By October 31, 2003, all obligations must be liquidated. Any interest accrued above $100 must be returned to Grantor, per requirements in UGMS. All unexpended funds must be returned to the Grantor. 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 Financial Status Report. H. All publicity relating to the grant award must include acknowledgement ofthe Texas State Library and Archives Cornmission whenever possible and practical. Publicity includes but is not limited to press releases, media events, public events, displays in the library, announcements on the library's website, and materials distributed through the grant project. Fiscal Year 2003 City of Paris Loan Star Libraries Grant Page 4 of8 ~ I. The Grantee certifies by this contract that it will comply with the Assurances - Non- Construction Programs (OMB Standard Form 124B), 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. J. 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 subagreements. K. The Grantee agrees to provide the Grantor with one (1) set of any public relations materials produced under this grant. L. The Grantee agrees to maintain records on all equipment/property with an acquisition cost that exceed governing entity's capitalization level. The Grantee will reconcile the equipment/property records with a physical inventory of the equipment/property every two years. 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 their cost is above $500, or if they could be easily lost or stolen. Subject to the obligations and conditions set forth in the UGMS Section ill, Subpart C, Sec. 32 (a), title to equipment acquired under a grant will vest upon acquisition in the Grantee. When property is vested in the Grantee, the Grantee will dispose of equipment/property in accordance with the UGMS Subpart C, Sec. 32, (e). M. The Grantee agrees to submit the EquipmentlProperty Acquired form by October 31, 2003 for all equipment/property purchased during that grant year. N. The State Legislature has charged the Grantor with submitting performance measurement reports that specifY the level of services provided by its programs and services. The Grantee agrees to submit reports that are timely, accurate, auditable, and consistent with definitions. The Grantee agrees to submit the Loan Star Libraries Performance Report for Loan Star Libraries Grants according to the following schedule: Reportinl! Period September 1,2002 - February 28,2003 March 1, 2003 - August 31, 2003 Due Date March 5, 2003 September 5, 2003 Iflibrary materials ordered with grant funds are received after the end of the grant year, a final Loan Star Libraries Report may also be required covering receipt of those materials. This final Report will be due on or before November 15, 2003. Fiscal Year 2003 City of Paris Loan Star Libraries Grant PageS of 8 ~ Note: Per Rule 2.165 (e), future funds will not be awarded to a library until all requirements for all preceding contracts have been fulfilled. O. The Grantee agrees to submit the Financial Status Report for this contract according td the following schedule: Reoorting Period September 1, 2002 - February 28,2003 March 1, 2003 - August 31, 2003 Due Date March 28, 2003 September 26, 2003 If necessary, a final Financial Status Report is due on or before November 15, 2003. P. The Grantee agrees to maintain all financial and programmatic records, supporting documents, statistical records, and other grantee records according to Section II, Subpart C.42, ofUGMS. In general, Grantees must maintain records for a minimum oftbree years from the date the Grantee submits to Grantor the last single audit or audit report for the grant period. VIII. ENFORCEMENT A. Remedies for noncompliance. If a grantee or sub grantee materially fails.-to comply with any term of an award, whether stated in a federal or state statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, the awarding agency may take one or more of the following actions, or impose other sanctions, as appropriate in the circumstances: (I) Temporarily withhold cash payments pending correction of the deficiency by the grantee or subgrantee or more severe enforcement action by the awarding agency, (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 subgrantee'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 awarding agency will provide the grantee or subgrantee an opportunity for such hearing, appeal, or other administrative proceeding to which the grantee or subgrantee is entitled under any statute or regulation applicable to the action involved. Fiscal Year 2003 City of Paris Loan Star Libraries Grant Page 6 of8 ~ 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 awarding agency expressly authorizes them in the notice of suspension or termination or subsequently. Other grantee or sub grantee costs during suspension or after tehnination which are necessary and not reasonably avoidable are allowable if: (1) The costs result from obligations which were properly incurred by the grantee or subgrantee 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 ifthe 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 subgrantee from being subject to "Debarment and Suspension" under E.O. 12549 (see Section _.35) and state law. IX. CONTACTS AT TSLAC Questions or concerns about programmatic issues and Program Revision Requests should be directed to this grant's Proj ect Manager: Margaret Whitehead Manager, Loan Star Libraries Program Phone: 512-463-5475 Fax: 512-463-8800 E-mail: margaret.whitehead[aJ.tsl.state.tx.us Questions or concerns about regulatory or financial issues should be directed to: Manager of Accounting and Grants Department Phone: 512-463-6626 Fax reports to: Grants Accountant Phone: 512-463-5472 Fax: 512-475-0185 E-mail: akral[aJ.tsl.state.tx.us Payments to the Grantor, such as those for interest earned each quarter on advanced funds, should be mailed with an explanation of the purpose of the payment and the grant number to: Accounting and Grants Department Texas State Library and Archives Commission PO Box 12516 Austin, TX 78711-2516 Fiscal Year 2003 City of Paris Loan Star Libraries Grant Page 7 of8 X. APPLICABLE AND GOVERNING LAW A. This grant 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 offuis contract shall be the law of (and all actions hereunder shall be brought in) the State of Texas, and the forum and venue for such disputes shall be Travis County, District Court. B. This grant is subject to availability of funds. XI. SIGNATURES GRANTOR GRANTE,E Texas State Library and Archives Commission City of Paris, Paris Public Library Edward Seidenberg, Assistant State Librarian Signature (Must be an official empowered to enter into contracts) Date Typewritten or Printed Name Donna Osborne, Chief Fiscal Officer Title Date Date Fiscal Year 2003 City of Paris Loan Star Libraries Grant Page 8 of8