2004-003-RES ACCEPTING THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION LOAN STAR LIBRARIES GRANT GRANT # 442-04363
RESOLUTION NO. 2004-003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, ACCEPTING THE TEXAS STATE LIBRARY AND
ARCHIVES COMMISSION LOAN STAR LIBRARIES GRANT;
AUTHORIZING THE EXECUTION OF GRANT AGREEMENT NO. 442-
04363; 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 Sep.tember 1, 2003, and
ending August 31,2004, in the total amount of$5, 161.00, which requires no matching funds from
the City of Paris; and,
WHEREAS, acceptance of the same requires the execution of Grant Agreement No. 442-
04363 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 purchase two (2) computers with software, purchase DVDs for the Library's new
DVD collection, and fund travel expenses for attendance at the Public Library Association
Conference for two (2) Library employees; and,
WHEREAS, the form of Grant Agreement No. 442-04363, 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 findings 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 1,
2003, and ending August 31,2004, in the total amount of$5,161.00, 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. 442-04363, 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. 442-04363, 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 12th day of January, 2004.
ATTEST:
w.~~..
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
TEXAS STATE LIBRARY & ARCHIVES COMMISSION
LOAN STAR LIBRARIES GRANT
Grant Type C - Under $20,000
Grant # 442-04363
ORIGINAL
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, 2003, to August 31, 2004
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 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 9 441.0091 et. seq., Grant Program for Local Libraries;
Texas Government Code 9 441.006, General Powers and Duties; and, the Uniform Grant
Management Standards (UGMS).
IV. GRANT AMOUNTS
A. The total amount of the grant shall not exceed: $5,161
B. Source of funds:
General Revenue
State Fiscal Year 2004
TSLAC's accounting codes: Index Code
Object Code
24411
7611
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 executed
contract, provided all requirements for preceeding contracts have been fulfilled.
Fiscal Year 2004
City of Paris Loan Star Libraries Grant
EXHIBIT A..
Page 1 of8
D. Budget:
Personnel
Fringe Benefits
Equipment/Property
Supplies
Contractual
Other
$761
$4,400
Total
$5,161
These budget categories are defined in UGMS, Section II, Attachment B and in the Loan Star
Libraries Award Letter Packet.
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 currently 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 within 30 days of the end of the
grant term. This provision does not allow the total grant amount to be exceeded. All prior
approvals must be requested by August 2, 2004. 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 Plan of Action for State Fiscal Year 2004).
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 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.
Written prior approval is to be requested on the Loan Star Libraries Grant Program Revision
Form. All prior approvals must be received by Grantor by August 2, 2004. Approvals received
after this date will be considered on a case-by-case basis.
Fiscal Year 2004
City of Paris Loan Star Libraries Grant
Page 2 of8
The Grantor hereby gives prior approval for the items specified under the cost categories
outlined below, if any. 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 2, 2004. Approvals received after this date will be considered on a case-
by-case basis.
COST CATEGORIES
1. Preaward Costs
None
2. Insurance (if not required bv the grant)
None
3. Rearrangements and Alterations of Facilities
None
4. Equipment/Prooerty
None
Subject to the obligations and conditions set forth in Uniform Grant Management Standards
(UGMS) Section III, Subpart C.32 (a), title to equipment acquired under a grant will vest upon
acquisition in the Grantee. 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.
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 a Prior Approval Request Form.
This category includes equipment, furniture, library materials, etc., purchased wholly or in part with
grant funds. The prior approval amount is the total capital expenditure amount, which is defined as
the cost of the equipment and lor 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.
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 2004) as approved by the
Grantor.
Fiscal Year 2004
City of Paris Loan Star Libraries Grant
Page 3 of8
VII. TERMS AND CONDITIONS
A. The Grantee will comply with the Loan Star Libraries Administrative Rules for SFY 2004. 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 in Texas.
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 441.13 8( 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/divisions/stategrants/guidelines/files/UGMSO 1200 1. doc.
1. Cost Principles for State and Local Governments and Other Affected Entities
(adapted from OMB Circular A-8?)
2. State Uniform Administrative Requirement for Grants and Cooperative Agreements
(adapted from OMB Circular A-102)
3. Audits of States, Local Governments, and Non-Profit Organizations, Single Audit Act
(adapted from OMB Circular A-133)
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, 2004. By October 15,2004, all
obligations must be liquidated. Any interest accrued above $100 must be returned to Grantor,
per requirements in UGMS. All unexpended funds less than $25 should be retained by the
Grantee. If unexpended funds are above $25, the entire amount must be returned to
Grantor along with the final Financial Status Report due November 15, 2004.
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 Commission whenever possible and practical. Publicity includes, but is
not limited to press releases, media events, public events, displays in the library, announcements
on the Grantee's website, and materials distributed through the grant project. The Grantee
agrees to provide the Grantor with one (1) set of any public relations materials produced under
this grant.
Fiscal Year 2004
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 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.
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 sub agreements.
K. The Grantee agrees to maintain records on all equipment/property with an acquisition cost
that exceeds the 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 III, 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).
1. The Grantee agrees to submit the EquipmentlProperty Acquired Form by October 29,
2004, for all equipment/property purchased during the current grant year.
M. 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:
Reportint! Period
September 1,2003 - February 29,2004
March 1,2004 - August 31, 2004
Due Date
March 5, 2004
September 6, 2004
If library materials ordered with grant funds are received after the end of the grant year, a final
Loan Star Libraries Performance Report may also be required covering receipt of those
materials. This final Report will be due on or before November 15,2004.
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.
Fiscal Year 2004
City of Paris Loan Star Libraries Grant
Page 5 of8
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N. The Grantee agrees to submit the Financial Status Report for this contract according to the
following schedule
Reportin2 Period
September 1, 2003 - February 29, 2004
March I, 2004 - August 31, 2004
Due Date
March 26, 2004
September 27, 2004
If necessary, a final Financial Status Report is due on or before November 15, 2004.
O. 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, of UGMS. In general, Grantees
must maintain records for a minimum of three 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 tem1 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:
(1) Temporarily withhold cash payments pending correction of the deficiency by the Grantee or Sub-
grantee, 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 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 awarding agency 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 awarding agency 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:
Fiscal Year 2004
City of Paris Loan Star Libraries Grant
Page 60f8
-_.__._-'--~'---_._.__._-~,-_._--.....~
(I) The costs result 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.
IX. CONTACTS AT TSLAC
Questions or concerns about programmatic issues and Program Revision Requests should be
directed to this grant's Project Manager:
Wendy Clark
Manager, Loan Star Libraries Program
Phone: 512-463-5475
Fax: 512-463-8800
E-mail: wendy.clark@tsl.state.tx.us
Questions or concerns about regulatory or financial issues should be directed to:
Mary Lopez
Manager, Accounting and Grants Department
Phone: 512-463-6626
Fax: 512-475-0185
E-mail: mlopez@tsl.state.tx.us
Fax reports to:
Sandra Justice
Grants Accountant
Phone: 512-463-5472
Fax: 512-475-0185
E-mail: siustice@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:
Sandra Justice
Grants Accountant
Texas State Library and Archives Commission
PO Box 12516
Austin, TX 78711-2516
Fiscal Year 2004
City of Paris Loan Star Libraries Grant
Page 7 of8
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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 of this
contract shall be the law of (and all actions hereunder shall be brought in) the State of Texas, and
the forum and venue for such disputes shall be Travis County, District Court.
B. This grant is subject to availability of funds.
XI. SIGNATURES
GRANTOR
GRANTEE
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)
Typewritten or Printed Name
Date
Donna Osborne, Chief Fiscal Officer
Title
Date
Date
Fiscal Year 2004
City of Paris Loan Star Libraries Grant
Page 8 of8