HomeMy WebLinkAboutResolution No. 09-005
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 09- ~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS AUTHORZING THE CITY MANAGER TO SIGN A
CONTRACT WITH THE TEXAS STATE LIBRARY AND ARCHIVES
COMMISSION (TSLAC) TO ACCEPT A GRANT A WARD OF $11,762
FOR THE LIBRARY OF THE CITY OF THE COLONY; THAT A COpy
OF THE AGREEMENT IS ATTACHED AS EXHIBIT A; DECLARING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. That the City Manager is authorized to enter into a contract between the
City of The Colony Public Library and the Texas State Library and Archives
Commission (TSLAC) to accept a grant award of $11,762.00 for The Colony Public
Library.
Section 2. That a true and correct copy of said contract is attached hereto and
incorporated herein as Exhibit A.
Section 3. That this resolution is effective from and after its passage.
PASSED AND APPROVED this 19th day of Januarv. 2009.
hn Dillard, Mayor
City of The Colony, Texas
ATTEST:
/} ~~W~
~stie Wilson, TRMC
City Secretary
1'~0!f{~~2'~-'
.t:<'
C';
TEXAS STATE LIBRARY & ARCHIVES COMMISSION
LOAN STAR LIBRARIES GRANT
Grant Type C - Under $20,000
Grant Number: 442-09490
I. CONTRACTING PARTIES
Grantor: Texas State Library and Archives Commission (TSLAC)
Grantee: City of The Colony, The Colony Public Library
6800 Main St
The Colony, Texas 75056
fi'l"C. ,
I (
U
i./ ^L
I i\!r,
II. TERM OF GRANT
September 1,2008, to August 31, 2009 (SFY 2009)
III. STATEMENT OF SERVICES TO BE PERFORMED
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 community access to and services from the many participating public libraries in Texas.
Grant funds must be used to meet TSLAC goals. The Grantee must report information relating to best practices and performance outcomes.
The Grantee will comply during the period of this contract and provide services as outlined within the Plan of Action submitted by the
Grantee (Loan Star Libraries Grant for State FY09) as approved by the Grantor. The approved Plan of Action becomes part of this contract
by this reference.
IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS
A. The total amount of the grant shall not exceed: $11,762.00
B. Source of funds: General Revenue, State Fiscal Year 2009
C. Payment for this grant will be funded in full upon delivery to Grantor a legally executed contract. Grantee should receive payment
within 20 working days after the Grantor has received a fully executed contract and Grantee has fulfilled all requirements for preceding
contracts.
D. The Grantee may not obligate or encumber grant funds after August 31,2009. All obligations and encumbrances must be liquidated or
paid no later than October 15, 2009.
E. All unexpended grant funds $25.00 and over MUST be returned, in full, to TSLAC along with the Final Financial Status Report (FSR).
See Section VII. B of this contract for FSR due dates.
F. Interest earned in excess of $100 must be returned to Grantor, per requirements in the State of Texas Uniform Grant Management
Standards (UGMS).
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 Section 9 of the TSLAC FSR.
H. Per the approved grant application, funds are authorized according to the following budget:
Personnel
Fringe Benefits
Travel
Equipment/Property
Supplies
Contractual
Other
Total
Indirect Costs
Total
$10.890.00
$872.00
RECEIVED
FEB 0 6 2009
ACCOUNTING
$11.762.00
$11,762.00
V. WRITTEN REQUEST FOR FISCAL AND PROGRAMMATIC CHANGES
The Grantee must request written prior approval for fiscal and/or programmatic changes as outlined in this Section. Grantee must submit
request for program and/or fiscal changes on the Loan Star Libraries Grant Program Revision Form. Under no condition may a Grantee
request to exceed the total grant amount. Grantor must receive all change requests no later than July 31, 2009. Requests received after this
date will be considered on a case-by-case basis. Grantee must receive written approval from Grantor before obligating or expending
grant funds under any of the following conditions.
A. Fiscal changes must have an approved Budget Revision under any of the following conditions:
1. Making cumulative transfers among budget cost categories or projects which are expected to exceed ten (10) percent of the total
grant; and/or,
2. Transferring any funds into a budget cost category that currently equals zero ($0); and/or,
FY 2009 Loan Star Libraries Grant
lof5
Contract C - Under $20,000
3. Changing the items listed in the approved budget categories if an item's cost or features are substantially different from what the
approved grant application specifies, or from a previously approved fiscal or program revision.
B. Programmatic changes to Loan Star Libraries Grant Plan of Action for State FY08 must have an approved Program Revision under the
following conditions:
1. Obtaining the services of a third party to perform activities that are central to the purposes of the grant; and/or,
2. 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.
VI. EQUIPMENT AND PROPERTY REQUIREMENTS
A. Fiscal changes to items listed in the Equipment/Property category specified in Section N. J of this contract require written prior approval.
This is defined as the cost of the equipment and/or 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 the expenditure cost in accordance with the Grantee's regular accounting practices and Generally Accepted Accounting Practices
(GAAP).
B. The Grantee will comply with UGMS Part III, Subpart C, Sec. 32 (d)(3) requiring certain items of equipment to be maintained on
inventory if the item's cost is between $500 and $1000.
C. The Grantee agrees to submit the TSLAC Equipment/Property Acquired Form with the Final FSR, no later than October 31, 2009, for
all equipment/property purchased with grant funds during the FY08 grant year. This list must balance with the equipment/property
purchased under the approved grant application and all subsequently approved Budget and/or Program Revisions.
D. Grantee must furnish a statement to Grantor certifying the governing entity's capitalization level with the approved grant application.
Grantee agrees to maintain records on all equipment/property with an acquisition cost above governing entity's capitalization level.
E. Subject to the obligations and conditions set forth in the UGMS Part III, Subpart C, Sec. 32, title to equipment acquired under a grant
will vest in the Grantee upon acquisition. Grantee must include any equipment/property acquired with grant funds in the required bi-
annual property inventory, and follow the UGMS Part III, Subpart C, Sec. 32 (d) that requires the Grantee to reconcile the
equipment/property records with a physical inventory of the equipment/property every two years. This bi-annual inventory does not
need to be submitted to Grantor, but must be maintained by the Grantee and will be subject to review by Grantor. When property is
vested in the Grantee, Grantee will dispose of equipment/property in accordance with the UGMS Part III, Subpart C, Sec. 32 (e). When
the Grantee has been given federally- or state-owned equipment/property, Grantee will follow the UGMS Part III, Subpart C, Sec. 32
(t).
VII. REPORTING REQUIREMENTS
The State Legislature has charged Grantor with submitting performance measurement reports that specify the level of services provided by
its programs and services. In accepting the grant funds, the Grantee acknowledges responsibility for performing certain services on behalf
of Grantor, as outlined in the approved Plan of Action. Therefore, the Grantee is responsible for submitting periodic reports that reflect the
Grantee's level of performance on these services to Grantor. To comply with these requirements, the Grantee agrees to submit reports that
are timely, accurate, auditable, and consistent with definitions.
A. The Grantee agrees to submit the Loan Star Libraries Performance Report to Grantor no later than the due dates listed in the following
schedule. If library materials ordered with grant funds are received by Grantee after the end of the grant year, a revised final Loan Star
Libraries Performance Report may be required covering receipt of those materials. This revised final performance report will be due no
later than November 15, 2009.
Reporting Period Due Date
September 1,2008 - February 28,2009 March 7, 2009
March 1,2009 - August 31, 2009 September 5, 2009
B. The Grantee agrees to submit the TSLAC Financial Status Report form for the grant funded under this contract no later than the due
dates listed in the following schedule. Grantee should submit a Final FSR once all grant funds have been expended and all program
requirements are accomplished. Grantee should mark the last required FSR as "Final" and not submit any subsequent FSR forms.
Reporting Period Due Date
September 1,2008 - February 28,2009 March 31, 2009
March 1, 2009 - August 31, 2009 September 30, 2009
If necessary, a revised Final FSR must be submitted no later than October 31, 2009.
C. The Grantee will send the Grantor a copy of all management letters issued by an auditor with the reporting package. As specified in
UGMS Part IV, Subpart B, Sec. 235(c), the audit shall be completed and submitted within the earlier of 30 days after receipt of the
auditor's report(s), or nine months after the end of the audit period, unless a longer period is agreed to in advance by the state agency
that provided the funding or a different period is specified in a program-specific audit guide. The audit's Schedule of Expenditures of
Federal and State Awards must list the amount of TSLAC awards expended for each award year separately.
VIII. GENERAL TERMS AND CONDITIONS
A. The Grantee will comply with the Loan Star Library Grant Program Guidelines for SFY 2009.
FY 2009 Loan Star Libraries Grant
20f5
Contract C - Under $20,000
B. The Grantee will comply with the Title 13, Part 1, Chapter 2, Subchapter C, Division 8, Rules 2.810 - 2.815 regarding the Loan Star
Grant Program and Title 13, Part 1, Chapter 2, Subchapter C, Division 1, Rules 2.110 - 2.119 regarding General Grant Guidelines.
Loan Star Libraries Administrative Rule 2.815 (c) states, "If a library has certified that it provides service to non-residents without
charge or it has elected to participate in the TexShare card program, the library must maintain these services for the duration of the
contract that it received." This means the library shall provide the same library services and may impose the same restrictions on
non-resident customers as it does for those customers who live locally. Texas Government Code, Section 441.138(c), states, "State
aid to a free tax-supported public library is a supplement to and not a replacement of local support."
C. The Grantee will comply with the following parts of the Governor's Office of Budget and Planning, UGMS revised June 2004,
located at: htto:/ /www..e-overnor.state.tx.us/divisions/state.e-rants/.e-uidelines/files/UGMS062004. doc.
Part I. Cost Principles for State and Local Governments and Other Affected Entities (Adapted from OMB Circular A-87).
Part II. State Uniform Administrative Requirements for Grants and Cooperative Agreements (Adapted from OMB Circulars A-I02
and A-122).
Part III. State of Texas Single Audit Circular (Adapted from OMB Circular A-133).
D. 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
benefiting library, announcements on the Grantee's web site, and materials distributed through the grant project. The Grantee will
provide Grantor with one set of all public relations materials produced under this grant with the Final FSR.
E. Grantee understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or
any successor agency, to conduct an audit or investigation in connection with those funds. Grantee further agrees to cooperate fully
with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing access to any
information the state auditor considers relevant to the investigation or audit. Grantee will ensure that this clause concerning the
authority to audit funds received indirectly by Sub-grantees through Grantee, and the requirement to cooperate, is included in any
sub-grant awarded.
F. The Grantee agrees to maintain all financial and programmatic records, supporting documents, statistical records, and other records
relating to this grant award for a minimum of three years after Close of Grant. Close of Grant is defined for this grant as the date
Grantee submits to Grantor the Final FSR for the contract grant period.
IX. 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
state statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, Grantor 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 Grantor;
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, Grantor 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 Grantor 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:
1. The costs resulting 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 non-cancelable; 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 Executive Order
12549 (see UGMS Part III, Subpart C, Sec. 35) and state law.
X. CONTACTS AT TSLAC
Questions or concerns about programmatic issues. budget and/or program revisions and performance reports should be directed to this
grant's Program Manager:
Loan Star Libraries Grant Coordinator
Phone: 512-463-5475
Fax: 512-463-8800
E-mail: wclark@tsI.state.tx.us
FY 2009 Loan Star Libraries Grant
30f5
Contract C - Under $20,000
Questions or concerns about regulatory or financial issues should be directed to:
Manager, Accounting and Grants Department
Phone: 512-463-6626
Fax: 512-475-0185
E-mail: mmartin(aJ.tsl.state.tx.us
Questions or documentation relating to required Requests for Funds. Financial Status Reports. and Equipment/Property Acquired Report should be
directed to:
Grants Accountant
Phone: 512-463-5472
Fax: 512-475-0185
E-mail: grants.accounting(aJ.tsl.state.tx.us
Payments from Grantee to Grantor, such as those for excess advanced funds or for interest earned on advanced funds, should be mailed with a
revised FSR, an explanation of the purpose of the payment, and the grant number. This information shall be directed to:
Grants Accountant
Accounting and Grants Department
Texas State Library and Archives Commission
PO Box 12516
Austin, TX 78711-2516
XI. APPLICABLE AND GOVERNING LAW
A. The laws of the State of Texas shall govern this grant. 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.
XII. GRANT CERTIFICATIONS
A. Grantor certifies that: (1) The services specified in the approved grant application and this contract are necessary and essential for activities
that are properly within the statutory functions and programs ofthe 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 complies with Texas Government Code 9 441.006, Title 13, Part 1, Chapter 2, Subchapter C, Division 8, Rules 2.810 - 2.815
regarding the Loan Star Grant Program and Title 13, Part 1, Chapter 2, Subchapter C, Division 1, Rules 2.110 - 2.119 regarding General
Grant Guidelines, Texas Government Code 9 441.135 Grants (Systems Act), P.L. 104-208, the Library Services and Technology Act
(LST A), the State Plan for the LST A in Texas and UGMS.
B. 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 any sub-agreements.
C. The Grantee certifies all applicable activities related to this grant will comply with the Copyright Law of the United States (Title 17, U.S.
Code).
D. Per UGMS Part lll, Subpart C, Sec. 35 Grantee certifies by this contract that neither it nor its principals are presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this program by any Federal department or
agency, as required by the regulations implementing Executive Order 12549, Debarment and Suspension, 34 CFR Part 85, Section 85.510,
Participant's responsibilities, 2 CFR Part 180 Subchapter C. 180.335. Where the grantee is unable to certify to any of the statements in this
certification, the grantee shall attach an explanation to this contract.
E. State law requires a number of assurances from applicants for federal pass-through or other state-appropriated funds. (UGMS Part lll,
Subpart B, Sec. 14 - State Assurances)
(1.) A sub-grantee must comply with Texas Government Code, Chapter 573, Vernon's 1994, by ensuring that no officer, employee, or
member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person
related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other
officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person
who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the
election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree.
(2.) A sub-grantee must insure that all information collected, assembled or maintained by the applicant relative to a project will be
available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, Vernon's 1994,
unless otherwise expressly prohibited by law.
(3.) A sub-grantee must comply with Texas Government Code, Chapter 551, Vernon's 1994, which requires all regular, special or called
meeting of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas
Constitution.
(4.) A sub-grantee must comply with the Texas Family Code, Section 261.101 that requires reporting of all suspected cases of child
abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Sub-grantees
shall also ensure that all program personnel are properly trained and aware of this requirement.
(5.) Sub-grantees will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of
the Civil Rights Act of 1964 (PL. 88-352) which prohibits discrimination on the basis ofrace, color or national origin; (b) Title IX
of the Education Amendments of 1972, as amended (20 U.S.c. 99 1681-1683, and 1685-1686), which prohibits discrimination on
FY 2009 Loan Star Libraries Grant 4 of 5 Contract C - Under $20,000
the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 V.S.C. * 794), which prohibits discrimination on
the basis of handicaps and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42
V.S.C. ** 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972
(P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on
the basis of alcohol abuse or alcoholism; (g) ** 523 and 527 of the Public Health Seryice Act of 1912 (42 V.S.c. 290 dd-3 and 290
ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title Ylll of the Civil Rights Act of
1968 (42 U.S.C. * 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other
nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and U) the
requirements of any other nondiscrimination statute(s) which may apply to the application.
(6.) Sub-grantees will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. * * 276a to 276a-7), the Copeland
Act (40 V.S.C. * * 276c and 18 V.S.C. * * 874), and the Contract Work Hours and Safety Standards Act (40 V.S.C. * * 327-333),
regarding labor standards for federally assisted construction sub-agreements.
(7.) Sub-grantees will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the
Intergovernmental Personnel Act of 1970, as applicable.
(8.) Sub-grantees will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of
1966, as amended (16 V.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and
Historic Preservation Act of 1974 (16 U.S.C. 469a-l et seq.).
(9.) Sub-grantees will comply with Public Law 103-277, also known as the Pro-Children Act of 1994 (Act), which prohibits smoking
within any portion of any indoor facility used for the provision of seryices for children as defined by the Act.
(10.) Sub-grantees will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms.
(11.) Sub-grantees will comply with all applicable requirements of all other federal and state laws, executive orders, regulations and
policies governing this program.
(12.) Sub-grantees must adopt and implement applicable provisions of the model HIY/AIDS work place guidelines of the Texas
Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq.
SIGNATURES
GRANTOR
Texas State Library and Archives C
\
GRANTEE
City of The Colony, The Colony Public Library
\Jr\ dOftL
Signature (must be an official empowered to enter into contracts)
-DeLte.. e.~t'().Tha(~
Typewritten or Printed Name
Date
J)'tJAVXJ f)A~
Karen Drabek, Chief Fiscal Officer
Title
12/4/2008
Date
Date
~~
Deborah Littrell, Library Development Director
12/4/2008
Date
~vt'06ii (fru/.
Wendy Clark, Program anager
12/4/2008
Date
FY 2009 Loan Star Libraries Grant
50f5
Contract C - Under $20,000