07-A Loan Star Library GrantDRAFT
F:kAttorney\LisakResolutions\CURRENT\Loan Star Library Grant 2003.wpd
December 13, 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-
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 1, 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 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,
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:
Michael J. Pfiester, Mayor
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
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 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 § 441.0091 et. seq., the Library System Act; Texas
Government Code § 441.006, General Powers and Duties; and, the Uniform Grant Management
Standards CUGMS).
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 34421
Object Code 7611
EXHIBIT ~.
Fiscal Year 2003 Page 1 of 8
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 $1,062
Other $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 fimds 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 Page 2 of 8
City of Paris Loan Star Libraries Grant
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 fxom 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 required by the grant)
None
3. Rearrangements and Alterations of Facilities
None
4. Equipment/Property
None
Subject to the obligations and conditions set forth in Uniform Grant l~anagement 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 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 Page 3 of 8
City of Paris Loan Star Libraries Grant
VII. TERMS AND CONDITIONS
A. The Grantee will comply with the Loan Star Libraries Administrative Pules 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 &the grant is to provide funds to maintain, improve,
and enhance local library services, and to provide Texans who arc 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/UGMSO12OO ].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-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
thc reporting package (or written notification, as applicable). Thc 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 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 2003 Page 4 of 8
City of Paris Loan Star Libraries 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 Debarment,
Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, and the
Certification Regarding Lobbying as submitted to the Grantor. Additional assurances hre 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 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 Equipment/Property 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:
Reporting Period .Due Date
September 1, 2002 - February 28, 2003 March 5, 2003
March 1, 2003 - August 31, 2003 September 5, 2003
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, 2003.
Fiscal Year 2003 Page 5 of 8
City of Paris Loan Star Libraries Grant
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 to' the
following schedule:
Renortin~ Period Due Date
September 1, 2002 - February 28, 2003 March 28, 2003
March 1, 2003 - August 31, 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, of UGMS. In
general, Grantees must maintain records for a minimum &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. Ifa 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
fullowing 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 o£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 Page 6 of 8
City of Paris Loan Star 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 are 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 te/mination
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 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 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:
Margaret Whitehead Phone: 512-463-5475 Fax: 512-463-8800
Manager, Loan Star Libraries Program E-mail: margaret.whitehead~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
Eomail: akral~,,t sl.st at e.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 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 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)
Date Typewritten or Printed Name
Donna Osborne, Chief Fiscal Officer Title
Date Date
Fiscal Year 2003 Page 8 of 8
City of Paris Loan Star Libraries Grant