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06-F Loan Star Libraries GrantDRAFT J:WttorneyLisa~esolntions\CiJRRENTLOan 6tar Library GranLwptl March 5, 2002 RESOLUTION NO. 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- 02364; MAHING 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, including the undertaking of such projects as minor renovations to improve access to public library resources and services; and, WHEREAS, the Texas State Library and Archives Commission has issued its Grant Award entitled "Loan Star Libraries GranY" for the period beginning September 1, 2001, and ending August 31, 2002, in the total amount of $6,254.00, which requires no matching funds from the City of Paris; and, WHEREAS, acceptance of the same requires the execution of Grant Agreement No. 442- 02364 by and between the City ofParis 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 far the installation of automatic doors at the Paris Public Library to improve access to the Library by elderly and disabled patrons; and, WHEREAS, the form of Grant Agreement No. 442-02364, 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 GranY" for the period beginning September 1, 2001, and ending August 31, 2002, in the total amount of $6,254.00, 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. 442-02364, 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. 442-02364, 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 ADOPTED this l lth day of March, 2002. Michael J. Pfiester, Mayor ATTEST: Thomas E. Haynes, Assistant City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney TEXAS STATE LIBRARY & ARCHIVES COMMISSION , LOAN STAR LIBRARIES GRANT Grant # 442-02364 1. CONTRACTING YARTIES Grantor: Texas State Library and Archives Commission (TSLAC) Grantee: City of Paris, Paris Public Library 326 South Main Street Paris, Texas 75460 II. TERM OF GRANT September 1, 2001 to August 31, 2002 III. GRANTOR CERTIFICATION The Grantor certifies that (1) the services specified below aze 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 oFTexas to be supplied under contract given to the lowest bidder; and (3) the grant is in compliance 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: $6,254 B. Source of funds: General Revenue State Fiscal Year 2002 TSLAC's accounting codes: Index Code Object Code 34421 7611 Fiscal Year 2002 1 Page 1 of e Ci2yofParis Laatt Star Libraries Grant C. i'. i BlB'T A C. Budget: EquipmenUProperty $6,254 Total Direct Costs $6,254 Indirect Costs Total $6,254 V. WRITTEN PRIOR APPROVALS FOR FISCAL AND PROGRAD'iMATIC CHANGES A. The Grantor must give written priar 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 o£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, 2002. 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 2002). 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, 2002. Fiscal Year 2002 Page 2 of e City of Paris Loan Star Librazies Grant C. The Grantor hereby gives prior approval for the items specified under the cost categories outlined below. Before the Gr.antee 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, 2002. COST CATEGORIES 1. Preaward Costs None 2. Insurance (if not required by the grant) None 3. Rearrangements and Alterations ofFacilities None 4. EquinmentJProperty As referenced in Loan Star Libraries Plan ofAction 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. Each piece of equipmendproperty 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. EquipmenUproperty includes fumiture, 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 equipmenUproperty 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 Librazies Grants Plan of Action for SFY 2002) as approved by the Grantor. Fiscal Year 2002 Page 3 of 8 City of Paris Loan Star Libraries Grant . VIL TERMS AND CONDITIONS A. The Grantee will comply with the Loan Star Libraries Administrative Rules for SFY 2002. 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.t,r.ushFie office/gts_tracs/Grants/guidelines.htm. 1. Cost Principles for state and Local Govemments 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-102) 3. State of Texas 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 Expenciitures 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, 2002. By October 31, 2002, all obligations must be liquidated. Any interest accrued above $100 must be retumed 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 aclrnowledgement of the Texas State Library and Archives Commission whenever possible and practical. Publicity includes but is not limited to press releases, media events, public events, displays in the library, announcements on the library's website, and materials distributed through the grant project. Fiscal Year 2002 Page 4 0£ 8 City of Paris Loan Star Lihraries Grant i. The Grantee certifies by this contract that it will comply with the Assurances - Non-Construction Programs (OMB Standard Form 124B), the Certification Regarding Debazment, 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. 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 filrther 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 goveming entity's capitalization level. The Grantee will reconcile the equipmenUproperty records with a physical inventory of the equipmendproperty every two years. The UGMS Subpart C, 3ec. 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). M. The Grantee agrees to submit the EquipmenUProperty Acquired form by October 31, 2002 for all equipmenUproperty purchased during that grant year. N. The State Legislature has charged the Grantar 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 Reporting Form for Loan Star Libraries Grants according to the following schedule and grant award: Reporting Period Due Date Grant Award September 1, 2001 - May 31, 2002 June 6, 2002 Over $5,000 June 1, 2002 - August 31, 2002 September 6, 2002 Over $5,000 September i, 2001 - August 31, 2002 September 6, 2002 Under $5,000 Fiscal Year 2002 Page 5 of 8 City of Paris Loan Star Libraries Grant If library 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, 2002. Note: Per Rule 2.165 (e), future fiinds will not be awarded to a library until all requirements for alf preceding contracts have been fulfilled 0. The Grantee agrees to submit the Financial Status Report for this contract according to the following schedule: Reporting Period Due Date Grant Award September 1, 2001 - May 31, 2002 June 6, 2002 Over $5,000 June 1, 2002 - August 31, 2002 September 6, 2002 Over $5,000 September 1, 2001 - August 31, 2002 September 6, 2002 Under $5,000 If necessary, a Snal Financial Status Report is due on or before November 15, 2002. P. The Grantee agrees to maintain all financial and progrunmatic 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. V1II. ENFORCEMENT A. Remedies for noncompliance. If a grantee or subgrantee 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: (1) 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 awazd 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 2002 Page 6 of e City of Paris Loan 5[ar Libraries Grant C. Effects of suspension and termination. Costs of grantee or subgrantee resulting from obligations incurred by the grantee or subgrantee during a suspension or after termination of an award aze not allowable unless the awarding agency expressly authorizes them in the notice of suspension or termination or subsequently. Other grantee or subgrantee costs during suspension or after termination which aze 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 if the award were not suspended or expired norrrtally 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 Project Manager: Deborah Littrell Phone: 512-463-5456 Fax: 512-463-8800 Director, Library Development Division E-mail: dlittrellna tsl.state.bc.us Questions or concems about regulatory or financial issues should be directed to: Manager of Accounting and Grants Department Phone: 512-463-6626 E-mail: camack cnr tsl.state tx.us Fax reports to: Grants Accountant Phone: 512-463-5472 Fax: 512-463-3560 E-mail: accountina cni.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 Deparhnent Texas State Library and Archives Commission PO Box 12516 Austin, TX 78711-2516 Fiscal Year 2002 Page 7 of 8 City of Paris Loan Star Libraries Grant 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 oFthis 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 Texas State Library and Archives Commission Edward Seidenberg, Assistant State Librarian Date GRANTEE City of Paris, Paris Public Library Signature (Must be an official empowered to enter into contracts) Michael E. Malone Typewritten or Printed Name Donna Osborne, Chief Fiscal Officer Date Fiscal Year 2002 City ofPaa's Loan Star Libraries Grant City Manager Title March 11, 2002 Date Page 8 of 8