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Resolution No. 95-63 CITY OF TIGARD,OREGON RESOLUTION NO.95-Lf3 A RESOLUTION RECOGNIZING GRANT REVENUE FROM THE OREGON STATE LIBRARY AND APPROPRIATING LIBRARY GRANT FUNDS. WHEREAS, The City of Tigard Library has been awarded a grant from the State Library in the amount of$8,170 to provide Internet access to the public,and WHEREAS, The City has sufficient funds in the current budget to match the grant funds per the grant agreement,and WHEREAS, Local budget law allows the appropriation of grant funds to be used for a special purpose by Council resolution, NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: Section 1: Revenue in the amount of$8,170 is recognized in the general fund. Section 2: Appropriations in the Community Services Program, Library department are increased by$8,170. PASSED: This-day of DYC'm� 95. IWay -City of Tigard ATTEST: City Recorder-City of Tigard' RESOLUTION NO. 957-&';5 Page 1 Grant Project Number:1-95-2,5(c)40 OREGON STATE LIBRARY GRANT CONTRACT This contract is entered into by and between the Oregon State Library and the agency designated as"the Performing Agency"in Section h below pursuant to the authority granted to the Oregon State Library under Oregon Revised Statutes 357.005(2)(i)and 357.031 and in compliance with the provisions of Public Law 101- 254,the Library Services and Construction ecr_ 1. CONTRACTING PARTIES The Receiving Agency: Oregon State Library The Performing Agency: Tigard Public Library 11. TERMS AND CONDITIONS A. The Receiving Agency agrees to make an Internet Infrastructure grant of monies to be used for the purpose of completing the activities described in the Performing Agency's grant application as approved by the Oregon State Librarian,which shall become an integral part of this agreement. B. The Performing Agency agrees to administer the grant project in accordance with the provisions of the Library Services and Construction Act,P.L.101-254,and with the Education Department General Administrative Regulations(EDGAR),34 CFR 74 through 86,and the regulations of the LSCA State Administered Program,34 CFR 770. C. The Performing Agency agrees to the following with regard to monies granted under this agreement: The Performing Agency will charge expenditures against this grant only if they conform to the grant application cited in Section II.A.above as approved by the Oregon State Librarian,and are for expenses incurred or obligated during the grant period. Grant funds will not be encumbered after September 30, 1996. By October 31,1906 all monies will have been obligated and a final Financial Status Report will be submitted to the Receiving Agency and all unexpended funds will be returned. D. The Performing Agency agrees to comply with the audit requirements for this grant as contained in OMB Circular A-128,which applies to state and local governments or OMB Circular A-133,which applies to institutions of higher education and other non-profit organizations. E. The Performing Agency agrees that any income carried by the Performing Agency from activities which were supported,in whole or in part,by funds granted under this agreement,will be expended during the grant program for allowable costs of the project and reported on a final Financial Status Report to the Receiving Agency. F. The Performing Agency agrees that any and all library services directly supported,in whole or in part,by funds granted under this agreement will be provided free of charge to all persons residing in the community,district or region from which the Performing Agency receives its financial support. G. The Performing Agency agrees that all promotional materials,press releases,bibliographies, reports and other such publications resulting from the activities supported,in whole or in part,by this grant will contain the following acknowledgment: Published with funds granted by the Oregon State Library under the Library Services and Construction Act,State Administered Program,P.L. 101-254. OREGON STATE LBRARY Page 2 of 3 Grant Contract H. The Performing Agency is free to copyright any books,publications or other materials developed as a result of this grant however,the Receiving Agency and the U.S Department of Education reserves a royalty-free,non-exclusive and irrevocable license to reproduce,publish,or otherwise use,and to authorize others to use,the work for government purpos:s. I. The Performing Agency agrees to retain all financial and programmatic records,supporting documents,statistical records,and other records pertinent to this grant for a period of five(5)years beginning on the day in which the final Financial Status Report for the grant is filed. Any books, documents,papers,or any other records of the Performing Agency which are pertinent to this grant agreement will be made available to the Secretary of Education and the Comptroller General of the United States,the Oregon State Library,or any of their authorized representatives at all reasonable times during the retention period for the purpose of audits or examinations,or to make excerpts or transcripts of such records. I. The Performing Agency agrees to the following with respect to property purchased with funds granted under this agreement: The Performing Agency will maintain inventory records of tangible, non-expendable,personal property purchased with grant funds,defined as items having a useful life of more than one year and an acquisition cost of$5,000 or more per unit. The Performing Agency will report the purchase of such property to the Receiving Agency on a form supplied by the Receiving Agency within thirty(30)days following the receipt of such property. The Performing Agency will certify every two years,the existence,current utilization,and continued need for the property.Title to all property purchased with funds granted under this agreement will vest in the Performing Agency.The Performing Agency will dispose of any non-expendable personal property in accordance with federal requirements and procedures of the Receiving Agency,which include the Cling of a disposition report for all such property. K. The Performing Agency agrees to submit a written fiscal and activity report within thirty(30)days from the end of the grant period. L. The Performing Agency agrees to comply with the terms and conditions of this contract and acknowledges that failure to comply can result in grant suspension. Suspension will be effective thirty (30)days after receipt of written notification from the Receiving Agency,during which time the Performing Agency may appeal the suspension to the State Librarian. M. The Perforating Agency may request in writing to the Receiving Agency for termination of this signed agreement. The Receiving Agency may terminate this contract upon review of the request_ Also,the Receiving Agency may terminate this agreement for noncompliance with the terms of the grant award. Termination will be effecti-e thirty(30)days after receipt of written notification from the Receiving Agency,during which time the Performing Agency may appeal the termination to the State Librarian. N. The Performing Agency shall certify compliance with Executive Order 12549,Debarment and Suspension,34 CFR Part 85,Section 85.510,Participants'responsibilities. f III. PAYMENT FOR SERVICES The Performing Agency may obtain payment under this grant agreement by submitting claims for payment on a form to be supplied by the Receiving Agency. It may only claim grant funds to meet projected disbursement needs for a period not to exceed twenty-nine(29)days. IV. TERM OF THIS CONTRACT This contract is to begin upon execution by both parties to the agreement and shall terminate September 30, 1996. OREGON ST.4'IELIBRARY Page 3 of 3 Gr-at Contract V. PROJECT BUDGET FROM GRANT SOURCES The Performing Agency may expend funds granted under this agreement in accordance with the grant application budget. A major change to the scope or the budget of the project will require approval from the:Receiving Agency. VI. CONTRACT AMOUNT The total amount of this contract shall not exceed: $8,170 Source of funds in this contract: Library Services and Construction Act Title 1,1995. VII. CERTIFICATION The undersigned Receiving Agency does hereby certify that the services to be received as specified above are necessary and essential for activities that are properly within the statutory functions of the Receiving Agency,and that the arrangements and payments contracted for are in compliance with the provisions for Programs of the U.S.Department of Education,the Rules and Regulations and the General Provisions of Lie Library Services and Construction Act,P.L. 101-254,and the State Library Plan for operation under the Library Services and Construction Act. RECEIVING AGENCY PERFORP-AING AGENCY Oregon State Library Tigard Pry Pu lic Libra .^ By�3 o '� BY: -( S gnature James B.Scheppke KATHY L. DAVIS Name Oregon State Librarian LIBRARY DIRECTOR Title Date: t t- l3 -G S Date: /1 7 D -1 i Type the name of the local fiscal officer responsible for accounts from which grant funds are to be paid: WAYNE LOWRY Name of fiscal officer FINANCE DIRECTOR Title 13125 SW HALL BLVD. Address 503-639-4171 Telephone number