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42 Contract #458.7 CONTRACT FOR CONSTRUCTION OF A PUBLIC LIBRARY FACILITY This Contract and Agreement is entered into by and between the Texas State Library and Archives Commission and the Local Governmental Unit pursuant to the authority granted and in compliance with the provisions of the V.T.C.A., Government Code, Chapter 441, Libraries and Archives,§ 441.006, General Powers and Duties, and Public Law 101-254, the Library Services and Construction Act. I. CONTRACTING PARTIES: The Receiving Agency: Texas State Library and Archives Commission The Performing Agency: City of San Marcos, San Marcos Public Library II. STATEMENT OF SERVICES TO BE PERFORMED: A. The Receiving Agency agrees to make a grant of monies to be used for the purpose of constructing a public library facility as approved in the Performing Agency's grant application. The Performing Agency agrees to adhere to all of the program requirements set forth in the grant guidelines. B. The Performing Agency may charge expenditures against this grant only if they are allowable under Title II of the Library Services and Construction Act and/or conform to the grant application budget. Grant funds may not be encumbered after May 31, 1994. By August 31, 1994, all obligations of the grant period must have been paid. A fjnal Outlay Report and Request for Reimbursement for Construction Programs will be submitted to the Receiving Agency and all unexpended grant funds will be returned, or if additional payments are due the Performing Agency, such payments will be forwarded by the Receiving Agency. C. The Performing Agency agrees to audit all funds received under this contract. Such audit shall be conducted in accordance with Office of Management and Budget Circular A-128, Audits of State and Local Governments. The audit will be provided to the Receiving Agency no later than 180 days following the close of the city/county fiscal year. An audit report will be provided for each fiscal year in which grant funds are expended. D. The Performing Agency agrees to notify the Receiving Agency if all of the federal funds awarded under this grant will not be needed. Notification is required when excess funds total $5,000 or 5% of the grant, whichever is greater.