Loading...
HomeMy WebLinkAboutResolution No. 09-089 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 AWARD OF $15,765 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 $15,765.00 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 15th day of December, 2009. 'Ile J /e Mcco y, Mayor City of Th Colony, Tex ATTEST: Christie Wilson, TRMC City Secretary ,;l'< Ayvs TEXAS STATE LIBRARY & ARCHIVES COMMISSION LOAN STAR LIBRARIES GRANT Grant Type C - Under $20,000 Grant Number: 442-10401 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 TERM OF GRANT September 1, 2009 to August 31, 2010 (SFY 2010) 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'I who are not residents of a particular community access to and services from the many participating public libraries in Texas. Grant funds must be u meet TSLAC goals. The Grantee must report information relating to best practices and performance outcomes. The Grantee will comply during the I of this contract and provide services as outlined within the Plan of Action submitted by the Grantee (Loan Star Libraries Grant for State FY: approved by the Grantor. The approved Plan of Action becomes part of this contract by this reference. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS A. The total amount of the grant shall not exceed: $15,765 B. Source of funds: General Revenue, State Fiscal Year 2010 C. Payment for this grant will be funded in full upon delivery to Grantor a legally executed contract. Grantee should receive payment within 20 we 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, 2010. All obligations and encumbrances must be liquidated or paid nc than October 15, 2010. 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 S 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 (U( 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 cond 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 $6,450 Fringe Benefits $515 Travel RECEIVED Equipment/Property Supplies $2,800 J~ Contractual DEC 2 2 Other $6,000 Total $15,765 ACCOUNTI,, 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 reque program and/or fiscal changes via the electronic TSLAC Grant Management System (GMS), located at https:gms.tsl.state.tx.us/. Under no conditioi a Grantee request to exceed the total grant amount. Grantor must receive all change requests no later than July 31, 2010. Requests received after thi will be considered on a case-by-case basis. Grantee must receive written approval from Grantor before obligating or expending grant funds 1 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; an 2. Transferring any funds into a budget cost category that currently equals zero ($0); and/or, 3. Changing the items listed in the approved budget categories if an item's cost or features are substantially different from what the app grant application specifies, or from a previously approved fiscal or program revision. B. Programmatic changes to the approved application (Loan Star Plan of Action) must have an approved Program Revision under the following condii 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 so a substantive difference in the approach or method used to reach program objectives. EQUIPMENT AND PROPERTY REQUIREMENTS A. Fiscal changes to items listed in the Equipment/Property category specified in Section IV. H. of this contract require written prior approval. This is defii 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, attachr accessories, or auxiliary apparatus necessary to make the item usable for the purpose for which it is acquired. Ancillary charges, such as taxes, l0 Loan Star Libraries Grant 1 of 5 Contract C - Under $20,000 protective in-transit insurance, freight, and installation may be included in, or excluded from the expenditure cost in accordance with the Grantee's i 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 cost is between $500 and $1000. C. The Grantee agrees to submit the TSLAC Equipment Report electronically via the TSLAC GMS with the Final FSR, no later than October 31, 20" all equipment/property purchased with grant funds during the SFY10 grant year. This list must balance with the equipment/property purchased 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 ag] 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 Grantee upon acquisition. Grantee must include any equipment/property acquired with grant funds in the required bi-annual property inventor follow the UGMS Part III, Subpart C, Sec. 32 (d) that requires the Grantee to reconcile the equipment/property records with a physical invent the equipment/property every two years. This bi-annual inventory does not need to be submitted to Grantor, but must be maintained by the G and will be subject to review by Grantor. When property is vested in the Grantee, Grantee will dispose of equipment/property in accordance w UGMS Part III, Subpart C, Sec. 32 (e). When the Grantee has been given Federally or state-owned equipment/property, Grantee will follc UGMS Part III, Subpart C, Sec. 32 (f). REPORTING REQUIREMENTS The State Legislature has charged Grantor with submitting performance measurement reports that specify the level of services provided by its pro€ and services. In accepting the grant funds, the Grantee acknowledges responsibility for performing certain services on behalf of Grantor, as outlined i approved Plan of Action. Therefore, the Grantee is responsible for submitting periodic reports that reflect the Grantee's level of performance on services to Grantor. To comply with these requirements, the Grantee agrees to submit reports that are timely, accurate, auditable, and consistent definitions. A.The Grantee agrees to submit the Loan Star Libraries Performance Report electronically on the TSLAC GMS to Grantor no later than the due listed in the following schedule. If library materials ordered with grant funds are received by Grantee after the end of the grant year, a revise( Loan Star Libraries Performance Report may be required covering receipt of those materials. This revised final performance report will be c later than October 31, 2010. Note: Grantee must contact the Loan Star Libraries Grant Coordinator listed in Section X of this contract in order to submit a r performance report. Reportin Period eriod Due Date September 1, 2009 - February 28, 2010 March 7, 2010 March 1, 2010 - August 31, 2010 September 5, 2010 B. The Grantee agrees to submit electronically the TSLAC Financial Status Report Form (FSR), located on the TSLAC GMS, for the grant funded unde 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 ai 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, 2009 - February 28, 2010 March 31, 2010 March 1, 2010 - August 31, 2010 September 30, 2010 If necessary, a revised Final FSR must be submitted no later than October 31, 2010. Note: Grantee must contact the Grants Accountant listed in Section X of this contract in order to submit a revised FSR. 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 Pa 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 rr 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 per specified in a program-specific audit guide. The audit's Schedule of Expenditures of Federal and State Awards must list the amount of T; awards expended for each award year separately. GENERAL TERMS AND CONDITIONS A.The Grantee will comply with the Loan Star Library Grant Program Guidelines for SFY 2010. 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 Prograi Title 13, Part 1, Chapter 2, Subchapter C, Division 1, Rules 2.110 - 2.119 regarding General Grant Guidelines. Loan Star Libraries Administ 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 : TexShare card program, the library must maintain these services for the duration of the contract that it received." This means the library provide the same library services and may impose the same restrictions on non-resident customers as it does for those customers who live to Texas Government Code, Section 441.138(c), states, "State aid to a free tax-supported public library is a supplement to and not a replacem 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: h ttp://governor. state. tx. us/)tles/state-QrantslUGMS062004. doc. Part I. Cost Principles for State and Local Governments and Other Affected Entities (Adapted from OMB Circular A-87). PartII. State Uniform Administrative Requirements for Grants and Cooperative Agreements (Adapted from OMB Circulars A-102 and A-] 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 possibi practical. Publicity includes, but is not limited to press releases, media events, public events, displays in the benefiting library, announcemer the Grantee's website, and materials distributed through the grant project. The Grantee will provide Grantor with one set of all public rel; materials produced under this grant with the Final FSR. 0 Loan Star Libraries Grant 2 of 5 Contract C - Under $20,000 E. Grantee understands that acceptance of funds under this contract acts as acceptance of the authority of the Texas State Auditor's Office, successor agency, to conduct an audit or investigation in connection with those funds. Grantee further agrees to cooperate fully with the Auditor's Office or its successor in the conduct of the audit or investigation, including providing access to any information the state a considers relevant to the investigation or audit. Grantee will ensure that this clause concerning the authority to audit funds received indirec 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 thi; award for a minimum of three years after the end date of this contract. 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 stal regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, Grantor may take one or more of the following actic 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 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 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 du suspension or after termination of an award are not allowable unless Grantor expressly authorizes them in the notice of suspension or termir or subsequently. Other Grantee or Sub-grantee costs during suspension or after termination which are necessary, and not reasonably avoidab allowable if: 1. The costs resulting from obligations which were properly incurred by the Grantee or Sub-grantee before the effective date of suspens 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 termii takes effect. D.Relationship to Debarment and Suspension. The enforcement remedies identified in this section, including suspension and termination, do not pr( Grantee or Sub-grantee from being subject to "Debarment and Suspension" under Executive Order 12549 (see UGMS Part III, Subpart C, Se and state law. CONTACTS AT TSLAC Questions or concerns about programmatic issues, budget and/or program revisions and performance reports should be directed to this grant's Prograi Manager: Loan Star Libraries Grant Coordinator Phone: 512-463-5475 Fax: 512-463-8800 E-mail: wclark(a)tsl.state.tx.us Questions or concerns about financial issues should be directed to: Manager, Accounting and Grants Department Phone: 512-463-6626 Fax: 512-475-0185 E-mail: mrnartin(0sl.state.tx.us Questions or documentation relating to required Financial Status Reports and Equipment Reports should be directed to: Grants Accountant Phone: 512-463-5472 Fax: 512-475-0185 E-mail: grants. accounting-na,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 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 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 fc 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 forut venue for such disputes shall be Travis County, District Court. B. This grant is subject to availability of funds. GRANT CERTIFICATIONS A. Grantor certifies that: (1) The services specified in the approved grant application and this contract are necessary and essential for activitic are properly within the statutory functions and programs of the affected organizations; (2) The services, supplies or materials contracted for a. 0 Loan Star Libraries Grant 3 of 5 Contract C - Under $20,000 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 complies with Texas Government Code § 441.006, Title 13, Part 1, Chapter 2, Subchapter C, Division 8, Rules 2.810 - 2.815 regarding the Star Grant Program and Title 13, Part 1, Chapter 2, Subchapter C, Division 1, Rules 2.110 - 2.119 regarding General Grant Guidelines, Government Code § 441.135 Grants (Systems Act), P.L. 104-208, 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 employ gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract. The Grantee further affirms d employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contracto 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. Cod D. Per UGMS Part III, Subpart C, Sec. 35 Grantee certifies by this contract that neither it nor its principals are presently debarred, suspe proposed for debarment, declared ineligible, or voluntarily excluded from participation in this program by any Federal department or agen, required by the regulations implementing Executive Order 12549, Debarment and Suspension, 34 CFR Part 85, Section 85.510, Partici responsibilities, 2 CFR Part 180 Subchapter C. 180.335. Where the grantee is unable to certify to any of the statements in this certificatio grantee shall attach an explanation to this contract. E. State law requires a number of assurances from applicants for state-appropriated funds. (UGMS Part III, Subpart B, Sec. 14 - State Assurancf (1.) A sub-grantee must comply with Texas Government Code, Chapter 573, Vernon's 1994, by ensuring that no officer, employee, or mf of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related with second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or emp authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment 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 availa the public during normal business hours in compliance with Texas Government Code, Chapter 552, Vernon's 1994, unless othe 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 meeting of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Constitution. (4.) A sub-grantee must comply with the Texas Family Code, Section 261.101 that requires reporting of all suspected cases of child abi local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Sub-grantees shall also e 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 Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-1686), which prohibits discrimination on the ba sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the ba handicaps and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-25 amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Preve Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abi alcoholism; (g) 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relati confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et sec amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the sp statute(s) under which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination stat 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 A, U.S.C. § § 276c and 18 U.S.C. § § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. § § 327-333), regarding 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 an 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 191 amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Hi Preservation Act of 1974 (16 U.S.C. 469a-1 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 N any portion of any indoor facility used for the provision of services 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 pc governing this program. (12.) Sub-grantees must adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Departm Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. l0 Loan Star Libraries Grant 4 of 5 Contract C - Under $20,000 kTURES 1TOR GRANTEE State Library and chik Commission City of The Colony, The Co y Public Library e i Seidenberg, ssistant State Librarian Signature (must offs empowered to enter into contracts) 0 9 d S Typewritten o P nted Name CAL t/r 'n rtm, Man r, count . g & Grants Title / Date ttrell, Library Development Director ~3" W Clark, Program Manager 4/2009 10 Loan Star Libraries Grant 5 of 5 Contract C - Under $20,000