HomeMy WebLinkAbout2002-323ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT FOR A GRANT WITH THE TEXAS STATE LIBRARY AND ARCHIVES
COMMISSION TO PROVIDE LIBRARY SERVICES TO PRESCHOOL CHILDREN IN
DAYCARE CENTERS; RATIFYING THE ACTIONS OF THE CITY MANAGER,
DIRECTOR OF THE LIBRARY, AND OTHER CITY OFFICIALS IN REGARD TO THE
GRANT APPLICATION; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Manager is hereby authorized to execute an agreement for a
grant with the Texas State Library and Archives Commission to provide library services to
preschool children in daycare centers in substantially the same form as Exhibit A, which is
incorporated by reference as if fully set forth herein. The City Manager, Library Director, and
any other City official are authorized to execute any further documents and certifications
necessary for obtaining the grant.
SECTION 2. That all prior actions of the City Manager, Library Director, and other City
officials in executing various documents and certifications with regard to said grant application
are hereby approved and ratified.
SECTION 3. That the City Council has found and determined that the meeting at which
this ordinance is considered is open to the public and that notice thereof was given in accordance
with the provisions of the Texas open meetings law, TEX. GOV'T CODE ch. 551, as amended,
and that a quorum of the City Council was present.
SECTION 4. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of (JG 2002.
&&v, 10,4CIL-
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
Ml
Kol"Ix I M611151
HERBERT L. PROUTY, CITY ATTORNEY
BY: &�
F:\SHARED\DEPMGL\Our Documents\Ordinances\02\TSLAC library daycare grancdoc
I.
II.
WIA
TEXAS STATE LIBRARY & ARCHIVES COMMISSION
SPECIAL PROJECTS GRANT
Grant # 478-03027
CONTRACTING PARTIES
Grantor: Texas State Library and Archives Commission (TSLAC)
Grantee: City of Denton, Denton Public Library
502 Oakland Street `7
Denton, Texas 76201 RFCFIv
ED
TERM OF GRANT OCT 18 2002
September 1, 2002 to August 31, 2003
GRANTOR CERTIFICATION
ACCOUNTING
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 § 441.121 et. seq., the Library System Act; Texas
Government Code § 441.006, General Powers and Duties; P.L. 104-208, the Library Services and
Technology Act (LSTA); the State Plan for the LSTA in Texas; and, the Uniform Grant
Management Standards (UGMS).
GRANT AMOUNTS
A. The total amount of the grant shall not exceed: $ 36,114
B. Source of funds:
CFDA # 45.310
Institute of Museum and Library Services, State Library Program
Federal Fiscal Year 2002 Carryover
TSLAC's accounting coding:
Index Code 34782, Object Code 7611
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Fiscal Year 2003 City of Denton Special Projects Grant
C. Budget:
Personnel $25,694
Fringe Benefits 10,420
Travel 0
Equipment/Property 0
Supplies 0
Contractual 0
Other 0
Total Direct Costs $36,114
Indirect Costs
Total $36,114
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 equals zero ($0).
Written prior approval is to be requested on the Prior Approval Request 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 received by Grantor on or before
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 (Special Projects 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 Prior Approval Request form. All prior
approvals must be received by Grantor on or before August 1, 2003.
C. The Grantor hereby gives 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 Prior Approval Request 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 Prior Approval Request. All prior approvals must be received by Grantor on or before
August 1, 2003.
Page 2 of 8
Fiscal Year 2003 City of Denton Special Projects Grant
COST CATEGORIES
1. Preaward Costs
None
2. Insurance not required by the grantl
None
3. Rearrangements and Alterations of Facilities
None
4. Equipment/Property
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.
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. Grantee must furnish a statement to Grantor certifying
the governing entity's capitalization level with the Prior Approval Request Form.
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 (Special Projects Grants for SFY 2003) as approved by the Grantor.
VIL TERMS AND CONDITIONS
A. The Grantee will comply with the Special Projects Grants Program Guidelines for SFY 2003.
B The Grantee will comply with the Rules for Administering the Library Systems Act. Note that
Rule 1.97 (a) will not be applicable during the term of this grant.
C. The Grantee will comply with the following two 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/UGMS012001. doe.
Page 3 of 8
Fiscal Year 2003 City of Denton Special Projects Grant
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)
For grants funded with state funds, the Grantee will comply with the third part of UGMS, the
State of Texas Single Audit Circular. For grants funded with federal funds, the Grantee will
comply with the Office of Management and Budget (OMB) Circular A-133, Audits of States,
Local Governments, and Non -Profit Organizations (revised 6/97), located at http://www.
whitehouse.gov/OMB/circulars.
D. The Grantee will comply with the Institute of Museum and Library Services' 45 Code of Federal
Regulations, Part 1183, Uniform Administrative Requirements for Grants and Cooperative
Agreements to States and Local Governments (adapted from OMB Circular A-102).
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, 2003. By October 31, 2003, all
obligations must be liquidated. Final request for advance must be received by Grantor on or
before August 1, 2003. All unexpended funds must be returned to the Grantor along with final
report due November 15, 2003. Final request for reimbursement must be received no later
than October 15, 2003.
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 quarterly Financial Status Report.
H. All publicity relating to the grant award must include acknowledgement of the Institute of
Museum and Library Services and 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.
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 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 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.
Page 4 of 8
Fiscal Year 2003 City of Denton Special Projects Grant
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
exceeds capitalization levels of governing entity. 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). When the Grantee has been given federal
or state equipment/property, the UGMS Subpart C, Sec. 32, (f) will be followed.
M. The Grantee agrees to submit the Equipment/Property Acquired form by October 31, 2003 for all
equipment/property purchased during that grant year. This list must balance with the
equipment/property purchased with prior approval amounts.
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 Uniform Statistical Reporting Form for Special Projects
Grants and Explanation of Variance according to the following schedule:
Re_ nz orting Period Due Date
September 1, 2002 - November 30, 2002 December 6, 2002
December 1, 2002 - February 28, 2003 March 6, 2003
March 1, 2003 - May 31, 2003 June 6, 2003
June 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 Uniform Statistical Report may also be required covering receipt of those materials.
This final Uniform Statistical Report will be due on or before November 15, 2003.
2. The Grantee will submit Evaluation Report to the Grantor according to the following
schedule:
Reporting Period Due Date
September 1, 2002 - February 28, 2003 March 28, 2003
March 1, 2003 - August 31, 2003 September 26, 2003
Page 5 of 8
Fiscal Year 2003 City of Denton Special Projects Grant
O. The Grantee agrees to submit the quarterly Financial Status Report for this contract according to the
following schedule:
Roorting Perio Due Date
September 1, 2002 - November 30, 2002 December 27, 2002
December 1, 2002- February 28, 2003 March 28, 2003
March 1, 2003 - May 31, 2003 June 27, 2003
June 1, 2003 - August 31, 2003 September 26, 2003
A final Financial Status Report is due on or before November 15, 2003.
P. The Grantee is restricted to one of two methods for requesting funds from the Grantor. The
Grantee may request an advance payment for estimated expenditures to be incurred for the
upcoming 30 days, or request a reimbursement of the actual expenditures for the Grantee's normal
billing cycle.
The Grantee will request payment on the OMB Standard Form 270, Request for Advance or
Reimbursement, using box 12 rather than box 11 if requesting funds in advance. Requests may be
made monthly, quarterly or any other time period, but not more than once a month.
To request funds, Form 270 is due to the Grantor by the 15°i of the month. If requesting a
reimbursement, the funds will usually be received by the Grantee within 10 days after TSLAC
receives the funds from the federal government. If requesting an advance, the Grantee must follow
procedures that minimize the time elapsing between the receipt and the disbursement of advanced
grant funds. Requests for Advance funds will be disbursed by the first working day of the advance
period on the request.
VIII. 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 award for the grantee's or subgrantee's program,
(4) Withhold further awards for the program, or
Page 6 of 8
Fiscal Year 2003 City of Denton Special Projects Grant
Page 6
(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.
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 termination
which are necessary and not reasonably avoidable are allowable if:
(1) The costs result from obligations which were properly incurred by the granter 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.
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 Prior Approval Request should be directed to
this grant's Project Manager:
Kathleen Walls
Grants Coordinator
Phone: 512-463-5532
Fax: 512-463-8800
E-mail: kwalls e.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
E-mail: camack .tsl.state.tx.us
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Fiscal Year 2003 City of Denton Special Projects Grant
Fax reports to:
Grants Accountant
Phone: 512-463-5472
Fax: 512-475-0185
E-mail: akral(@tsl.state.tx.us
Payments to the Grantor, such as those for excess advanced funds or 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:
Grants Accountant
Texas State Library and Archives Commission
PO Box 12516
Austin, TX 78711-2516
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
Texas State Library and Archives Commission
In 7:p111 M y
City of Denton, Denton Public Library
Edward Seidenberg, Assistant Sta e Librarian Signature (Must be an offi 1 powered
to enter into contracts)
�Q Z Michael A. Conduff
Date Typewritten or Printed Name
Donna Osborne, Chief Fiscal Officer
City Manager
Title
October 15, 2002
Date Date
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Fiscal Year 2003 City of Denton Special Projects Grant