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HomeMy WebLinkAboutContract 30579 w i"i l' _). ETAR`Y wry ;:;ONTFACT NO C� l TEXAS STATE LIBRARY & ARCHIVES COMMISSION INTERLIBRARY LOAN CENTER GRANT Grant Number: 771 I. CONTRACTING PARTIES Grantor: Texas State Library and Archives Commission (TSLAC) Grantee: City of Fort Worth, Fort Worth Public Library 500 W. Third Street Fort Worth, Texas 76102 II. TERM OF GRANT September 1, 2004, to August 31, 2005 III. STATEMENT OF SERVICES TO BE PERFORMED Grant-funded activities shall provide services outlined in the approved Interlibrary Loan Center grant application. The Grantee will comply during the period of this contract and provide services as outlined within the approved grant application (Interlibrary Loan Center Grant for State FY05) as approved by the Grantor. The approved grant application submitted by Grantee becomes part of this contract by this reference. A. The Grantor will reimburse the Grantee for expenses incurred in processing and filling interlibrary loan (ILL) requests for library materials and information from public, academic, and special libraries and for processing interlibrary loan requests originating with the grantee. The Grantor will also reimburse the Grantee for providing OCLC system use support to Texas Group selective user libraries in the Grantee's service area. B. The Grantee will provide free interlibrary loan service according to the operating procedures set by the Grantor. C. The Grantee will employ the following full-time equivalent (FTE) positions, whose work assignments are exclusively to provide interlibrary loan services: 1 FTE Librarian Supervisor 1 FTE Library Assistant .75 FTE Office Assistant .75 FTE Office Assistant H .75 FTE Page .75 FTE Page I FR FY 2005 ILL Grant 1 of 11 �° ��.° D. The Grantee will provide telephone line(s) directly into the interlibrary loan office, telephone extension to local library telephones, and permit the computer(s) to be connected without charge to access OCLC, or other appropriate technology. E. The Grantee agrees to provide rapid and convenient access to its catalog of holdings and its circulation system for use without charge by the project staff. F. The budget allocations are based on the following performance objectives: 1. Fill 9,500 interlibrary loan requests from the Grantee's resources. 2. Process 58,300 interlibrary loan transactions. 3. Maintain an average response time of 24 hours for interlibrary loan requests. 4. Maintain a maximum turnaround time of 8.0 days for requests from the region filled by the Grantee. 5. Maintain a maximum turnaround time of 15.0 days for requests referred to and filled by other libraries. G. The Grantee will comply during the period of this contract with its Interlibrary Loan Center grant application. H. The Grantee agrees, upon written request of Grantor, to participate fully in any special study, survey, or other research and testing which is designed to evaluate or improve interlibrary loan policies, procedures, or management. IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS A. The total amount of the grant shall not exceed: $265,666 B. Source of funds: Federal Funds, CFDA #45.310 Institute of Museum and Library Services, State Library Program Federal Fiscal Year 2004 Carryover C. 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. D. The Grantee must request payments from Grantor on the OMB Standard Form 270, Request for Advance or Reimbursement. Payment requests may be submitted to Grantor monthly, quarterly, or any other standard time period, at the discretion of the Grantee's governing entity; however, requests may not be submitted more than once per month. A Form 270 is due to the Grantor on or before the 15`h of the month to receive payment for the beginning of the following month. Funds will generally be received by the Grantee within 10 days after Grantor receives the funds from the federal government. FY 2005 ILL Grant 2 of 11 E. If requesting a reimbursement, Grantee must use box 11 on the Form 270. Grantor must receive final request for reimbursement on or before October 15, 2005. F. If requesting an advance, the Grantee must follow procedures that minimize the time elapsing between the receipt and the disbursement of advanced grant funds. Grantees requesting advance funds must use box 12 (rather than box 11) on the Form 270. Requests for advance funds will generally be disbursed by the first working day of the advance period on the request, provided request forms are received by stated deadlines. Grantor must receive final request for advance on or before July 31, 2005. 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. The Grantee may not obligate grant funds after August 31, 2005. All obligations must be liquidated on or before October 15, 2005. All unexpended funds in excess of$25.00 must be returned to the Grantor along with the Final Financial Status Report (FSR). See Section VII.B. of this contract for FSR due dates. I. Per the approved grant application, funds are approved according to the following budget. These budget categories are defined in UGMS, Section II, Attachment B, and in the TexNet Center Policy Manual. Personnel $152,404 Fringe Benefit 36,192 Travel 1,208 Equipment/Property 0 Supplies 6,500 Contractual 7,380 Other 21,000 Total Direct Costs $224,684 Indirect Costs 40,982 Total $265,666 V. WRITTEN PRIOR APPROVALS 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 receive written prior approval before obligating or expending grant funds under any of the following conditions. Grantee must request written prior approval on the Prior Approval Request form. Under no condition can a Grantee request to exceed the total grant amount. Grantor must receive all prior requests on or before July 31, 2005. Approvals received after this date will be considered on a case-by-case basis. FY 2005 ILL Grant 3 of 11 A. Fiscal changes must have written prior approval under 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). B. Programmatic changes to the approved application (Interlibrary Loan Grant Application) must have written prior approval under any of 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. C. All changes to the items listed under the following cost categories, if any, must have written prior approval. Written prior approval is also required if an item's cost or features are substantially different from what the approved grant application specifies or from a previously approved Prior Approval Request. Note: Written prior approval is required for ALL changes involving the purchase of computer equipment or Internet services. In addition, Grantee must comply with Internet Safety Certification requirements, as further outlined in Section XH of this contract. COST CATEGORIES 1. Preaward Costs None 2. Insurance (if not required by the rg ant) None 3. Rearrangements and Alterations of Facilities None 4. Equipment/Property None VI. EQUIPMENT AND PROPERTY REQUIREMENTS A. The Grantee agrees to maintain records on all equipment/property with an acquisition cost above governing entity's capitalization level. Subject to the obligations and conditions set forth in the Uniform Grant Management Standards (UGMS) Section III, Subpart C.32 (a), title to equipment acquired under a grant will vest in the Grantee upon acquisition. B. Equipment/Property is hereby defined as an article of nonexpendable, tangible personal property having a useful life of more than one year, and an acquisition cost that equals or exceeds the capitalization amount established by Grantee's governing entity. Grantee must furnish a statement to Grantor certifying the governing entity's capitalizat'Qa.lQvel with each Prior Approval Request Form for equipment and/or property. FY 2005 ILL Grant 4 of 11 C. 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 the item's cost is above $500, or if the item could be easily lost or stolen. D. 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, Grantee will follow the UGMS Subpart C, Sec. 32, (f) will be followed. E. The Grantee must include any equipment/property acquired with grant funds in the required bi-annual property inventory, and follow UGMS guidelines for property disposal. The Grantee agrees to submit the Equipment/Property Acquired Form by October 31, 2005, for all equipment/property purchased during the current grant year. This list must balance the equipment/property purchased with prior approval amounts. F. The UGMS Subpart C, Sec. 32, (d) requires the Grantee to reconcile the equipment/property records with a physical inventory of the equipment/property every two years. This biennial inventory does not need to be submitted to the Grantor, but must be maintained by the grantee and will be subject to review by the grantor. G. All changes to items listed in the Equipment/Property category outlined in Section V.C.4. of this contract require written prior approval. This category includes equipment, furniture, library materials, etc. purchased wholly or in part with grant funds. The prior approval amount listed in that Section is the total approved capital expenditure amount, which 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, capital expenditure cost in accordance with the Grantee's regular accounting practices. VII. REPORTING REQUIREMENTS The State Legislature has charged the Grantor with submitting performance measurement reports that specify the level of services provided by its programs and services. In accepting these grant funds, the Grantee acknowledges responsibility for performing certain services on behalf of the Grantor, as outlined in the approved Grant Application. Therefore, the Grantee is responsible for submitting periodic reports that reflect the Grantee's level of performance on these services to the 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 ILL statistics to the Grantor monthly. The Grantee will maintain a record of each interlibrary loan request submitted to other libraries. l 1 c FY 2005 ILL Grant 5 of 11 B. The Grantee agrees to submit turnaround time data records to the Grantor within two weeks of the completion of the data records. C. The TSLAC has provided the OCLC interlibrary loan tool, ILLiad, to particular Grantees for the purpose of facilitating the ELL process. Grantees who have been provided this tool will provide quarterly narrative progress reports detailing steps taken to fully implement the use of OCLC's ILLiad interlibrary loan management software tool. The progress reports will be evaluated by the Grantor to certify that Grantee has made reasonable efforts to collaborate in a timely fashion with the Grantor to ensure efficient and effective implementation of the tool. Grantor is hosting the ILLiad server to benefit program participants, and timely implementation is required to achieve full benefits of the software application. The quarterly ILLiad reports are due on the same dates as the Financial Status Reports schedule, as listed in Paragraph D of this Section. D. The Grantee agrees to submit the quarterly Financial Status Report (FSR) for each project funded under this contract on or before the due dates listed in the following schedule. In addition, Grantee must submit with the FSR report, quarterly expenditure summary information for all budget categories listed in Section IV.I of this contract, in a format to be provided by Grantor. Reporting Period eriod Due Date September 1, 2004 - November 30, 2005 December 31, 2004 December 1, 2004 - February 28, 2005 March 31, 2005 March 1, 2005 - May 31, 2005 June 30, 2005 June 1, 2005- August 31, 2005 September 30, 2005 The final Financial Status Report is due on or before November 15, 2005. E. The Grantee will send the Grantor a copy of all management letters issued by an auditor with the reporting package (or written notification, as applicable) within 30 days of the audit. The audit's Schedule of Expenditures of Federal and State Awards must list the amount of awards expended for each award year separately. VIII. GENERAL TERMS AND CONDITIONS A. The Grantee will comply with the TexNet Center Policies Manual. B. The Grantee will comply with the following three parts of the Governor's Office of Budget and Planning, Uniform Grant Management Standards (UGMS), revised June 2004, located at http://www.governor.state.tx.us/divisions/stategrants/guidelines/files/UGMS062004.doc. 1. Cost Principles for State and Local Governments and Other Affected Entities (Adapted from OMB Circular A-87) 2. State Uniform Administrative Requirements for Grants and Cooperative Agreements (Adapted from OMB Circular A-102) FY 2005 ILL Grant 6 of 11 3. State of Texas Single Audit Circular (Adapted from OMB Circular A-133) C. For grants funded with federal funds, the Grantee will also 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.govlomb/grants/grants circulars html. 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. 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 benefiting library, announcements on the Grantee's Website, and materials distributed through the grant project. The Grantee will provide the Grantor with one set of all public relations materials produced under this grant. F. 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 all records requested. 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. G. The Grantee agrees to maintain all financial and programmatic records, supporting documents, statistical records, and other records relating to this grant award according to Section H, Subpart C.42 of UGMS, and according to IMLS requirements. In general, Grantees must maintain records for a minimum of seven years from the date the Grantee submits to Grantor the last single audit or audit report for the grant period. H. The Grantee agrees to develop or revise, as necessary, any specific written documentation of its current procedures for (1) collecting and reporting performance measures; (2) conducting a fixed asset inventory; and/or, (3) any other issues identified in the Grantor's internal audit report of grant activities. Drafts of this procedural documentation will be submitted to Grantor by dates established mutually between Grantor and Grantee. Grantor will provide review and guidance to enable final versions to be approved on or before established deadlines. 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 federal or state statute or regulation, an assurance, in a t7 6 FY 2005 ILL Grant 7 of 11 'A 57 I� ss� .. ... _9 �:✓L o state plan or application, a notice of award, or elsewhere, the 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 the 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, the 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 the 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 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. 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 E.O. 12549 (see UGMS Section III, Subpart C, Sec. 35) and state law. X. CONTACTS AT TSLAC Questions or concerns about programmatic issues, monthly statistic reports, data turnaround reports, quarterly narrative reports, and Prior Approval Requests should be directed to this grant's Project Manager: � 1 1 FY 2005 ILL Grant 8 of 11 TexNet Coordinator Phone: 512-463-5406 Fax: 512-936-2306 E-mail: sbennett @tsl.state.tx.us 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: llutz @tsl.state.tx.us Documentation relating to required Requests for Reimbursement/Advance, Financial Status Reports, annual Property/Inventory Reports, and any other miscellaneous forms and reports should be directed to: Grants Accountant Phone: 512-463-5472 Fax: 512-475-0185 E-mail: sjustice @tsl.state.tx.us Payments from Grantee to the Grantor, such as those for excess advanced funds or for interest earned each quarter on advanced funds, should be mailed along with an explanation of the purpose of the payment and must include the grant number. This information should 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. The Grantor certifies that: (1) the services specified in the approved grant application, plan of service, and this contract are necessary and essential for activities that are properly within the FY 2005 ILL Grant 9 of 11 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 § 441.006, General Powers and Duties, Texas Government Code § 441.135 Grants (Systems Act), 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). B. The Grantee certifies by this contract that it will comply with the Assurances—Non- Construction programs (OMB Standard Form 424B), 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. C. 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. D. The Grantee has provided to the Grantor the mandatory Internet Safety Certification (Certification) that it is in compliance with requirements of the Children's Internet Protection Act (CIPA) for any federal funds under this grant that will be used to purchase computers used to access the Internet or pay for the direct costs of accessing the Internet. Grantee agrees to collect, as required and appropriate, certification forms from all libraries receiving benefits of federal funds expended under this contract. E. The Grantee further certifies that no federal funds from this grant award will be made available for a public library, or public elementary or secondary school library that does not currently receive E-rate services, to purchase computers used to access the Internet or pay for the direct costs of accessing the Internet, unless the library has certified compliance with the applicable CIPA requirements. Should federal funds awarded as part of this grant be used to purchase computers for a public library, or public elementary or secondary school library that does not currently receive E-rate services, to purchase computers used to access the Internet or pay for the direct costs of accessing the Internet, Grantee will submit a revised Certification form, and ensure revised Certification forms are received from all other libraries receiving benefits of federal funds expended under this contract. 1 FY 2005 ILL Grant 10 of 11 SIGNATURES GRANTOR GRANTEE Texas State Library and Archives Commission City of Fort Worth, Fort Worth Public Library 4 Edward Seidenberg, Assistant State L brarian Sig ure/(Musst�ee an official empowered to enter into contracts) q.. v Libby Watson Date Typewritten or Printed Name Assistant City Manager Donna Osborne, Chief Fiscal Officer Title Date Date APROYED AS `20 WORM AND LEGALITY: Assistant City Attorney ATTESTED BY jW/1A Contract huthorizatioi Date FY 2005 ILL Grant It of 11 Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted, if at any time, the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant" "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause title "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion--Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. N FY99\Grrants\Forms\Certification Regarding Debarment.doc ✓ tl\7�S','S 1� V !���i 1 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 34 CFR Part 85, Section 85.510, Participant's responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Re gist (pages 19160-12911). Copies of the regulations may be obtained by contacting the person to which this proposal is submitted. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Fort Worth Public Library Applicant Libby Watson, Assistant City Manager Name and Tit f Authorized C tifying Official y � o Signature Date OMB Approval No.0348-0040 ASSURANCES- NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0040),Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case,you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance Act of 1973, as amended (29 U.S.C. §794), which and the institutional, managerial and financial capability prohibits discrimination on the basis of handicaps; (d) (including funds sufficient to pay the non-Federal share the Age Discrimination Act of 1975, as amended (42 of project cost)to ensure proper planning, management U.S.C. §§6101-6107), which prohibits discrimination and completion of the project described in this on the basis of age; (e) the Drug Abuse Office and application. Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug 2. Will give the awarding agency, the Comptroller General abuse; (f) the Comprehensive Alcohol Abuse and of the United States and, if appropriate, the State, Alcoholism Prevention, Treatment and Rehabilitation through any authorized representative, access to and Act of 1970 (P.L. 91-616), as amended, relating to the right to examine all records, books, papers, or nondiscrimination on the basis of alcohol abuse or documents related to the award; and will establish a alcoholism; (g) §§523 and 527 of the Public Health proper accounting system in accordance with generally Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee accepted accounting standards or agency directives. 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the 3. Will establish safeguards to prohibit employees from Civil Rights Act of 1968 (42 U.S.C.§§3601 et seq.),as using their positions for a purpose that constitutes or amended, relating to nondiscrimination in the sale, presents the appearance of personal or organizational rental or financing of housing; (i) any other conflict of interest,or personal gain. nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being 4. Will initiate and complete the work within the applicable made; and, Q) the requirements of any other time frame after receipt of approval of the awarding nondiscrimination statute(s) which may apply to the agency. application. 5. Will comply with the Intergovernmental Personnel Act of 7. Will comply, or has already complied, with the 1970 (42 U.S.C. §§4728-4763) relating to prescribed requirements of Titles II and 111 of the Uniform standards for merit systems for programs funded under Relocation Assistance and Real Property Acquisition one of the 19 statutes or regulations specified in Policies Act of 1970 (P.L. 91-646) which provide for Appendix A of OPM's Standards for a Merit System of fair and equitable treatment of persons displaced or Personnel Administration(5 C.F.R.900,Subpart F). whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply 6. Will comply with all Federal statutes relating to to all interests in real property acquired for project nondiscrimination. These include but are not limited to: purposes regardless of Federal participation in (a)Title VI of the Civil Rights Act of 1964 (P.L. 88-352) purchases. which prohibits discrimination on the basis of race,color or national origin; (b) Title IX of the Education 8. Will comply, as applicable, with provisions of the Amendments of 1972, as amended (20 U.S.C. §§1681- Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) 1683,and 1685-1686),which prohibits discrimination on which limit the political activities of employees whose the basis of sex; (c)Section 504 of the Rehabilitation principal employment activities are funded in whole or in part with Federal funds. Previous Edition Usable tandhed Form 4249�Aev,7-97) Authorized for Local Reproduction Prescril5edby p1140,CircolarA-102 9. Will comply, as applicable,with the provisions of the Davis- 12. Will comply with the Wild and Scenic Rivers Act of Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act 1968 (16 U.S.C. §§1271 et seq.) related to protecting (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract components or potential components of the national Work Hours and Safety Standards Act (40 U.S.C. §§327- wild and scenic rivers system. 333), regarding labor standards for federally-assisted construction subagreements. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation 10. Will comply, if applicable, with flood insurance purchase Act of 1966, as amended (16 U.S.C. §470), EO 11593 requirements of Section 102(a) of the Flood Disaster (identification and protection of historic properties), and Protection Act of 1973 (P.L. 93-234) which requires the Archaeological and Historic Preservation Act of recipients in a special flood hazard area to participate in the 1974(16 U.S.C. §§469a-1 et seq.). program and to purchase flood insurance if the total cost of insurable construction and acquisition is$10,000 or more. 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research,development,and 11. Will comply with environmental standards which may be related activities supported by this award of assistance. prescribed pursuant to the following: (a) institution of environmental quality control measures under the National 15. Will comply with the Laboratory Animal Welfare Act of Environmental Policy Act of 1969 (P.L. 91-190) and 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et Executive Order (EO) 11514; (b) notification of violating seq.) pertaining to the care, handling, and treatment of facilities pursuant to EO 11738; (c) protection of wetlands warm blooded animals held for research, teaching, or pursuant to EO 11990; (d) evaluation of flood hazards in other activities supported by this award of assistance. floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management 16. Will comply with the Lead-Based Paint Poisoning program developed under the Coastal Zone Management Prevention Act (42 U.S.C. §§4801 et seq.) which Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of prohibits the use of lead-based paint in construction or Federal actions to State (Clean Air) Implementation Plans rehabilitation of residence structures. under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of 17. Will cause to be performed the required financial and underground sources of drinking water under the Safe compliance audits in accordance with the Single Audit Drinking Water Act of 1974, as amended (P.L. 93-523); Act Amendments of 1996 and OMB Circular No.A-133, and, (h) protection of endangered species under the "Audits of States, Local Governments, and Non-Profit Endangered Species Act of 1973, as amended (P.L. 93- Organizations." 205). 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations,and policies governing this program. SIGNATUR F AUTHORIZED CERTIFYING OFFICIAL TITLE Assistant City Manager APPLI ANT ORGANI TION DATE SUBMITTED Fort Worth Public Library Standard Form,424&(ggv.7-97)$agk_„ 'S Attactiment t INTERNET SAFETY CERTIFICATION FOR APPLICANT TECHNICAL ASSISTANCE NEGOTIATED GRANTS (ILL) FEDERAL PROGRAM YEAR 2005 FUNDS As the duly authorized representative of the applicant, I hereby certify that (check only one of the following boxes) A. ❑ The applicant public library has complied with the requirements of Section 9134(0(1) of the Library Services and Technology Act. B. ❑ The applicant public library has not yet complied with the requirements of Section 9134(f)(1) of the Library Services and Technology Act. However, the applicant library is undertaking actions, including any necessary procurement procedures, to put into place an Internet safety policy that meets these requirements. The applicant library will be in compliance with the requirements of Section 9134(f)(1) before the library receives funding for a subsequent program year. C. N The requirements of Section 9134(f) of the Library Services and Technology Act do not apply to the applicant library because no funds made available under the LSTA program will be used to purchase computers used to access the Internet or to pay for direct costs associated with accessing the Internet for a public library or public elementary school or secondary school library that does not receive discounted E-Rate services under the Communications Act of 1934, as amended. D. ❑ The applicant is not a public library. I further certify that one of the following is true: either no LSTA funds from the grant award will be used by the applicant to purchase computers used to access the Internet or to pay for direct costs associated with accessing the Internet for a public library or public elementary school or secondary school library served by the applicant; or, if any part of the LSTA grant funds are used for such purposes, applicant will obtain the appropriate certifications from libraries receiving such purchases or payments. I further certify that the applicant will obtain appropriate certifications from any public library or publi elementary school or secondary school library receiving any portion of LSTA grant funds rded to the applicant. Signature of Auth ed Representative Libby Watson Printed Name of Authorized Representative Assistant City Manager Title of Authorized Representative 9 Date Fort Worth Public Library Name of Applicant Library/Program ;�1 A�RRPP,r � !A CERTIFICATION REGARDING LOBBYING for CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS (Required for grants exceeding$100,000) The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, 'Disclosure Form to Report Lobbying,' in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed by the Texas State Library when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Fort Worth Public Library Interlibrary Loan Organization Name Project Libby Watson, Assistant City Manager Name an We of Authorized Representative Signature Date 34 CFR 82.110 TSL 9304 FY99\Grants\Forms\Certification Regarding I City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/8/2004 - Ordinance No. 15998 DATE: Tuesday, June 08, 2004 LOG NAME: 841LLLOAN REFERENCE NO.: **C-20108 SUBJECT: Accept a Grant from fhe Texas State Library and Archives Commission and the U.S. Department of Education for the Interlibrary Loan Program and Related Agreement and Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to apply for and accept a grant for the Interlibrary Loan Program in the amount of $260,202 from the Texas State Library and Archives Commission and the U.S. Department of Education; and 2. Authorize the City Manager to execute a grant agreement with the Texas State Library and Archives Commission relating to such grant; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $260,202 in the Grants Fund upon receipt of the grant; and 4. Apply indirect costs using the most recently approved indirect cost rate of 21.73% for the Library Department. DISCUSSION: The Texas State Library and Archives Commission and the U.S. Department of Education propose to grant $260,202 to the City of Fort Worth Public Library to provide resource sharing and interlibrary loan services to a 20 county area of North Texas. The Fort Worth Library serves as the "Major Resource Center' under the Texas Library Systems Act for this area. The grant is for the state fiscal year, September 1, 2004, through August 31, 2005. It will continue to subsidize resource sharing in the North Texas area and to provide local libraries with a means of acquiring the use of materials from libraries throughout the United States. This is the 28th year of this grant program. This program is budgeted at $260,202 with the funding agencies defraying the costs listed below: Personnel $ 149,521.00 Fringe Benefits $ 35,513.00 Travel $ 1,200.00 Supplies $ 6 ,500.00 Contractual $ 2,610.00 Other $ 24,650.00 Equipment $ N/A Logname: 84ILLLOAN Page I of 2 Indirect Costs $ 40,208.00 Total $ 260,202.00 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be availalbe in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 451458 084308936000 $260,202.00 GR76 5(VARIOUS) 08430936010 $260,202.00 Submitted for City Manager's Office by: Libby Watson (6183) Originating Department Head: Gleniece Robinson (7706) Additional Information Contact: Wayne Gray (7797) Logname: 84ILLLOAN Page 2 of 2