HomeMy WebLinkAboutContract 31348 CITY SECRETARY
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CONTRACT NO.
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TEXAS STATE LIBRARY & ARCHIVES COMMISSION
LOAN STAR LIBRARIES GRANT
Grant Type A - $50,000 and Over
Grant Number: 442-0517 O�
2
I. CONTRACTING PARTIES
Grantor: Texas State Library and Archives Commission(TSLAC)
Grantee: City of Fort Worth, Fort Worth Public Library REC WED
500 W 3rd St i�
Fort Worth, Texas 76102 FEB 0 3 2005
II. TERM OF GRANT ACCOUNTING
September 1, 2004, to August 31, 2005
III. STATEMENT OF SERVICES TO BE PERFORMED
Grant-funded activities shall provide services as outlined in the approved grant application. The
Grantee will comply during the period of this contract and provide services as outlined within the
approved grant application(Loan Star Libraries Grant for State FY05) as approved by the Grantor.
The approved grant application submitted by Grantee becomes part of this contract by this
reference.
The Grantee acknowledges that the intent of the grant is to provide funds to maintain, improve,
and enhance local library services, and to provide Texans who are not residents of a particular
community access to and services from the many participating public libraries in Texas.
IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS
A. The total amount of the grant shall not exceed: $71,443
B. Source of funds:
General Revenue, State Fiscal Year 2005
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 fo e� rarat�e'&
normal billing cycle.
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FY05 City of Fort Worth Loan Star Libraries Grant Contract -$50,000&over
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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 20 days after Grantor
receives the payment request, provided Grantor has received a fully executed contract and
Grantee has fulfilled all requirements for preceeding contracts.
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.
1. Any interest accrued above $100 must be returned to Grantor, per requirements in UGMS. All
unexpended funds in excess of$25.00 must also be returned to the Grantor, along with the
Final Financial Status Report (FSR). See Section VII.B. of this contract for FSR due dates.
J. Per the approved grant application, funds are approved according to the following budget:
Personnel
Fringe Benefit
Travel
Equipment/Property
Supplies $25,710
Contractual $37,733
Other $8,000
Total Direct Costs $71,443
Indirect Costs
Total $71,443
FY05 City of Fort Worth Loan Star Libraries Grant Contr t 415dy**ojik,"o
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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 Loan Star Libraries Grant Program Revision 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.
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(Loan Star Libraries Grants Plan of Action
for State FY 2005) 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.
COST CATEGORIES
1. Preaward Costs
None
2. Insurance (if not required by the grant)
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
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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 capitalization level with each
Prior Approval Request Form for equipment and/or property.
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 measureme�n rf eports
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
FY05 City of Fort Worth Loan Star Libraries Grant Contract A-$50,000&over
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Grantor, as outlined in the approved Plan of Service. 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. Note: Per Rule 2.165(e), future funds will
not be awarded to a library until all requirements for all preceeding contracts have been
fulfilled.
A. The Grantee agrees to submit the quarterly Loan Star Libraries Performance Report to the
Grantor on or before due dates listed in the following schedule. If library materials ordered
with grant funds are received by Grantee after the end of the grant year, a final Loan Star
Libraries Performance Report may also be required covering receipt of those materials. This
final report will be due on or before November 15, 2005.
Reporting Period Due Date
September 1, 2004 - November 30, 2004 December 7, 2004
December 1, 2004 - February 28, 2005 March 7, 2005
March 1, 2005 - May 31, 2005 June 7, 2005
June 1, 2005 - August 31, 2005 September 7, 2005
B. The Grantee agrees to submit the quarterly Loan Star Libraries 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 quarterly expenditure summary
information for all budget categories listed in Section IV, paragraph 1, of this contract, in a
format provided by Grantor.
Reporting Period 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
If necessary, the final Financial Status Report is due on or before November 15, 2005.
C. 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 Loan Star Libraries Administrative Rules for State Fiscal
Year 2005, Texas Administrative Code, Chapters 2.160—2.165. Note: Per Rule 2.165(c) of
the Rules, assurances relating to non-resident fees or TexShare Library Card Program are in
effect for the entire term of the grant contract.
FY05 City of Fort Worth Loan Star Libraries Grant Contract A-$50,000&over
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2.165 (c) "In accordance with the same policies and procedures the library has
adopted for its local resident customers" means the library shall provide the
same library services and may impose the same restrictions on non-resident
customers as it does for those customers who live locally.
B. The Grantee will comply with the Rules for Administering the Library Systems Act, Texas
Administrative Code, Chapters 1.91 — 1.97. Note: Grantee must continue to meet system
membership requirements to be eligible for future grants, per Texas Government Code, Section
441.138(c).
441.138 (c)
State aid to a free tax-supported public library is a supplement to and not a
replacement of local support
C. 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.U.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)
3. State of Texas Single Audit Circular
(Adapted from OMB Circular A-133)
D. For grants funded with state funds, the Grantee will also comply with the third part of UGMS,
the State of Texas Single Audit Circular. 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.zovlomb/grantslgrants circulars.html.
E. All publicity relating to the grant award must include acknowledgement of 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.
1,
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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 II,
Subpart C.42 of UGMS. In general, Grantees must maintain records for a minimum of three
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
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:
FY05 City of Fort Worth Loan Star Libraries Grant Contract A-$50,000&over
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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 and Prior Approval Requests should be directed
to this grant's Project Manager:
Loan Star Libraries Grant Coordinator
Phone: 512-463-5475
Fax: 512-463-8800
E-mail: wclark(atsl.state.tx.us
Questions or concerns about re ug_latoa 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 1
Texas State Library and Archives Commission
PO Box 12516
Austin, TX 78711-2516
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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
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), 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 42413), 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 certifies all applicable activities related to this grant will be in compliance with
the Copyright Law of the United States (Title 17, U.S. Code).
FY05 City of Fort Worth Loan Star Libraries Grant Contract A-$50,000&over
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SIGNATURES
GRANTOR GRANTEE
Texas State Library and Archives Commission City of Fort Worth,
Fort orth Public Library
r�
Edward Seidenberg, Assistant State Li rarian Signature ust be an official empowered
to enter into contracts)
C Libby Watson
Date Typewritten or Printed Name
L" Assistant City Manager
Donna Osborne, Chief F'scal Officer Title
Q 1/27/05
Date Date
Attested By:
Marty HendrL
City Secretary
Contr.acL Authoriia'C-ic.,-,
Date
I~ • J � G I ,it r lJt
ori d•. Jl�
FY05 City of Fort Worth Loan Star Libraries Grant Contract - over
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/25/2005 - Ordinance No. 16274-01-2005
DATE: Tuesday, January 25, 2005
LOG NAME: 84LOANSTAR REFERENCE NO.: **C-20502
SUBJECT:
Authorization to Accept a Grant from the Texas State Library and Archives Commission for the Loan
Star Libraries Program, Execute a Related Grant Agreement and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to accept the Loan Star Libraries Grant for the Fort Worth Public Library in
the amount of$71,443 from the Texas State Library and Archives Commission;
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 $71,443
in the Grants Fund upon receipt of the grant.
DISCUSSION:
The Texas State Library and Archives Commission proposes to grant $71,443 to the City of Fort Worth
Public Library to provide for resource sharing and reciprocal borrowing among libraries. The Loan Star
Libraries Program is designed to provide assistance to local communities in an effort to maintain, improve,
and enhance local library services. The program allows Texans who are not residents of a particular
community to use the services of that community's library. The City's non-resident fee will remain in effect.
Specifically, grant funds will subsidize resources in five targeted areas:
1. System-wide programming;
2. Continuing education;
3. Library materials;
4. Reference Services; and
5. Summer Reading program activities.
The grant is for the state fiscal year of September 1, 2004, through August 31, 2005. This is the fourth year
the library will receive this grant.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, receipt of the grant, and
adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as
appropriated, of the Grants Fund.
Logname: 84LOANSTAR Pagel of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 457458 084308995010 $71,443.00 GR76 VARIOUS(5) 084308995010 $71,443.00
Submitted for City Manager's Office b Libby Watson (6183)
Originating Department Head: Gleniece Robinson (7706)
Additional Information Contact: Wayne Gray (7797)
Logname: 84LOANSTAR Page 2 of 2