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HomeMy WebLinkAboutContract 36623TEXAS STATE LIBRARY & ARCHIVES COMMISSION LOAN STAR LIBRARIES GRANT Grant Type A - $50,000 and Over Grant Number: 442-08179 TRACT I. CONING PARTIES Grantor: Texas State Library and Archives Commission (TSLAC) Grantee: City of Fort Worth, Fort Worth Public Library 500 W 3rd St Fort Worth, Texas 76102 II. TERM OF GRANT September 1, 2007, to August 31, 2008 (SFY 2008) HI. STATEMENT OF SERVICES TO BE PERFORMED C�i-Y SECRETARY( [10a CONTRACT NO. 3 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. Grant funds must be used to meet TSLAC goals. The Grantee must report information relating to best practices and performance outcomes. The Grantee will comply during the period of this contract and provide services as outlined within the Plan of Action submitted by the Grantee (Loan Star Libraries Grant for State FY08) as approved by the Grantor. The approved Plan of Action becomes part of this contract by this reference. IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS A. The total amount of the grant shall not exceed: $141,069.00 B. Source of funds: General Revenue, State Fiscal Year 2008 C. The Grantee must request payments from Grantor on the TSLAC Request for Funds Form (RFF). Requests may be submitted to Grantor no more often than once per month, and no less often than once per quarter. Funds will be paid to the Grantee provided Grantor has received a fully executed contract and Grantee has fulfilled all requirements for preceding contracts. D. The Grantee is restricted to one of two methods for requesting funds from Grantor. The Grantee may request reimbursement of actual expenditures for the Grantee's normal billing cycle, or advance payment for estimated expenditures to be incurred for the upcoming 30 days. Only Grantees that provide documentation to demonstrate a lack of sufficient working capital and the ability to minimize the time elapsing between transfer of funds from Grantor and disbursement of grant funds will be allowed to request advance payments. E. Payments of advance funds will be disbursed by the first working day of the advance period provided RFF Form is received by Grantor no later than the 141h of the previous month. Should excessive cash balances be maintained, Grantee may be required to use the reimbursement process. Grantor must receive final request for advance no later than July 15, 2008. Grantor must receive final request for reimbursement no later than October 15, 2008. F. The Grantee may not obligate or encumber grant funds after August 31, 2008. All obligations and encumbrances must be liquidated or paid no later than October 15, 2008. G. All unexpended funds in excess of $25.00 must be returned to Grantor with the Final Financial Status Report (FSR). See Section VII. B. of this contract for FSR due dates. H. Interest earned in excess of $100 must be returned to Grantor, per requirements in the State of Texas Uniform Grant Management Standards (UGMS). I. 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 Section 9 of the TSLAC FSR. J. Per the approved grant application, funds are authorized according to the following budget: Personnel FringeBenefits RECEIVED Tray] RECEIVED Equipment/Property $45,000.00 Supplies Contractual $56,569.00 Other Total $141 069.00 Indirect Costs Total $1415069400 FY08 City ofFort Worfh Loan Star Libraries Grant--Conh•actA $SQ000 and over 1 of 6 FEB 0 � %��$ ACCOUNTING 02-13-08 P12�49 IN V.` WRITTEN REQUEST 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 submit request for program and/or fiscal changes on the Loan Star Libraries Grant Program Revision Form. Under no condition may a Grantee request to exceed the total grant amount. Grantor must receive all change requests no later than July 31, 2008. Requests received after this date will be considered on a case -by -case basis. Grantee must receive written approval from Grantor before obligating or expending grant funds under any of the following conditions. A. Fiscal changes must have an approved Budget Revision under any of 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); and/or, 3. Changing the items listed in the approved budget categories if an item's cost or features are substantially different from what the approved grant application specifies, or from a previously approved fiscal or program revision. B. Programmatic changes to the approved application (Loan Star Plan of Action) must have an approved Program Revision under 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. VI. EQUH'MENT AND PROPERTY REQUIREMENTS A. Fiscal changes to items listed in the Equipment/Property category specified in Section IV. J of this contract require written prior approval. This 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 the expenditure cost in accordance with the Grantee's regular accounting practices and Generally Accepted Accounting Practices (GAAP). B. The Grantee will comply with UGMS Part III, Subpart C, Sec. 32 (d)(3) requiring certain items of equipment to be maintained on inventory if the item's cost is between $500 and $1000. C. The Grantee agrees to submit the most current TSLAC Equipment/Property Acquired Form with the Final FSR, but no later than October 31, 2008, for all equipment/property purchased with grant funds during the FY08 grant year. This list must balance with the equipment/property purchased under the approved grant application and all subsequently approved Budget and/or Program Revisions. D. Grantee must furnish a statement to Grantor certifying the governing entity's capitalization level with the approved grant application or the first RFF submitted. Grantee agrees to maintain records on all equipment/property with an acquisition cost above governing entity's capitalization level. E. Subject to the obligations and conditions set forth in the UGMS Part III, Subpart C, Sec. 32, title to equipment acquired under a grant will vest in the Grantee upon acquisition. Grantee must include any equipment/property acquired with grant funds in the required bi- annual property inventory, and follow the UGMS Part III, Subpart C, Sec. 32 (d) that requires the Grantee to reconcile the equipment/property records with a physical inventory of the equipment/property every two years. This bi-annual inventory does not need to be submitted to Grantor, but must be maintained by the Grantee and will be subject to review by Grantor. When property is vested in the Grantee, Grantee will dispose of equipment/property in accordance with the UGMS Part III, Subpart C, Sec. 32 (e). When the Grantee has been given federally- or state-owned equipment/property, Grantee will follow the UGMS Part III, Subpart C, Sec. 32 (f). VII. REPORTING REQUIREMENTS The State Legislature has charged Grantor with submitting performance measurement reports that specify the level of services provided by its programs and services. In accepting the grant funds, the Grantee acknowledges responsibility for performing certain services on behalf of Grantor, as outlined in the approved Plan of Action. Therefore, the Grantee is responsible for submitting periodic reports that reflect the Grantee's level of performance on these services to 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 the Loan Star Libraries Performance Report to Grantor no later than the 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 revised final Loan Star Libraries Performance Report may be required covering receipt of those materials. This revised final performance report will be due no later than November 15, 2008. 'Reporting Period Due Date September 1, 2007 -November 30, 2007 December 7, 2007 December 1, 2007 -February 28, 2008 March 7, 2008 March 1, 2008 - May 31, 2008 June 7, 2008 June 1, 2008 - August 31, 2008 September 7, 2008 B. The Grantee agrees to submit the TSLAC Financial Status Report form for the grant funded under this contract no later than the due dates listed in the following schedule. Grantee should submit a Final FSR once all grant funds have been expended and all program requirements are accomplished. Grantee should mark the last required FSR as "Final" and not submit any subsequent FSR forms. FY08 City of Fort Worth Loan Star Libraries Grant --Contract A $50,000 and over 2 of Reporting Period Due Date September 1, 2007 - November 30, 2007 December 30, 2007 December 1, 2007 - February 28, 2008 March 30, 2008 March 1, 2008 - May 31, 2008 June 30, 2008 June 1, 2008 - August 31, 2008 September 30, 2008 If necessary, a revised Final FSR must be submitted no later than October 31, 2008. C. The Grantee will send the Grantor a copy of all management letters issued by an auditor with the reporting package. As specified in UGMS Part IV, Subpart B, Sec. 235(c), the audit shall be completed and submitted within the earlier of 30 days after receipt of the auditor's report(s), or nine months after the end of the audit period, unless a longer period is agreed to in advance by the state agency that provided the fundingmust the amount of TSLAC awards upended for each award yeahseparately.chedule of Expenditures of Federal and State Awards mus VIII. GENERAL TERMS AND CONDITIONS The Grantee will comply with the Loan Star Library Grant Program Guidelines for SFY 2008. The Grantee will comply with the Title 13, Part 1, Chapter 2, Subchapter C, Division 8, Rules 2.810 — 2.815 regarding the Loan Star Grant Program and Title 13, Part 1, Chapter 2, Subchapter C, Division 1, Rules 2.110 — 2,119 regarding General Grant Guidelines, Loan Star Libraries Administrative Rule 2,815 (c) states, "If a library has certified that it provides service to non- residents without charge or it has elected to participate in the TexShare card program, the library must maintain these services for the duration of the contract that it received." This 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. Texas Government Code, Section 441.138(c), states, "State aid to a free tax -supported public library is a supplement to and not a replacement of local support." The Grantee will comply with the following parts of the Governor's Office of Budget and Planning, UGMS revised June 2004, located at: http://`vww governorestates a.us/divisions/stateizrants/guidelines/files/UGMS062004.doc. Part I. Cost Principles for State and Local Governments and Other Affected Entities (Adapted from OMB Circular A47). Part II. State Uniform Administrative Requirements for Grants and Cooperative Agreements (Adapted from OMB Circulars A- 102 and A-122). PartIII. State of Texas Single Audit Circular (Adapted from OMB Circular A-133). 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 Grantor with one set of all public relations materials produced under this grant with the Final FSR. 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 access to any information the state auditor considers relevant to the investigation or audit. 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. The Grantee agrees to maintain all financial and programmatic records, supporting documents, statistical records, and other records relating to this grant award for a minimum of three years after Close of Grant. Close of Grant is defined for this grant as the date Grantee submits to Grantor the Final FSR for the contract grant period. A. C. 0 E. F. 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 state statute or regulation, an assuranc( , in a state plan or application, a notice of award, or elsewhere, 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 Grantor; of funds and matching credit for) all or part of the cost of the activity or action not it 2. Disallow (that is, deny both use 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. appeals. In taking an enforcement action, Grantor will provide the Grantee or Sub -grantee an opportunity for suct B. Hearings hearing, appeal, or other administrative proceeding to which the Grantee or Sub -grantee is entitled under any statute or regulatim applicable to the action involved. C. Effects of suspension and termination. Costs of Grantee or Sub -grantee resulting from obligations incurred authorizes them in ththe Grantee or Sub grantee during a suspension or after termination of an award are not allowable unless Grantor expressly au FY08 Crty of Fort Worth Loan Stm•Libraries Grant--Conb•actA $5),000 and over3 of 6 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 non -cancelable; 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 Executive Order 12549 (see UGMS Part III, Subpart C, Sec. 35) and state law. X, CONTACTS AT TSLAC Questions or concerns about programmatic issues, budget and or program revisions and performance reports should be directed to this grant's Program Manager: Loan Star Libraries Grant Coordinator Phone: 512463-5475 Fax: 5124634800 E-mail: wclark(a)tsl.state.tx.us Questions or concerns about regulatory or financial issues should be directed to: Manager, Accounting and Grants Department Phone: 512463-6626 Fax: 512-475-0185 E-mail: mmardn0,tsl.state.tx.us Questions or documentation relating to required Requests for should be directed to: Grants Accountant Phone: 512-463,W Fax: 512475-0185 E-mail: grants accounting(a)tsl state.tx.us Payments from Grantee to Grantor, such as those for excess advanced funds or for interest earned on advanced funds, should be mailed with a revised FSR, an explanation of the purpose of the payment, and the grant number. This information shall be directed to: Grants Accountant Accounting and Grants Department Texas State Library and Archives Commission PO Box 12516 Austin, TX 7 87 11 ,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 ing out of this contract shall be the law of (and all actions hereunder sha applicable law for any legal disputes arisll be brought in) the State of Texas, and the forum and venue for such disputes shall be Travis County, District Court. Be This grant is subject to availability of funds. XII. GRANT CERTIFICATIONS pplication and this contract are necessary and essential for A. Grantor certifies that: (1) The services specified in the approved grant a 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 , be supplied Title 13, Partu1 under a2t given to the lowest bidder; and, (3) The grant complies with Texas Government Code § 441.006, Subchapter C, Division 8, Rules 2.810 — 2.815 regarding the Loan Star Grant Program and Title 13, Part 1, Chapter 2, Subchapter C, Division 1, Rules 2.110 — 2.119 regarding General Grant Guidelines, 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 UGMS. Be The Grantee affirms that it has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, futurf employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract. Thf Grantee further affirms that its employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary valuf from contractors, potential contractors, or parties to any sub -agreements. Co The Grantee certifies all applicable activities related to this grant will comply with the Copyright Law of the United States (Title 17 U.S. Code). nts for federal pass -through or other state -appropriated funds. (UGMS Par D. State law requires a number of assurances from applica III, Subpart B, Sec. 14 — State Assurances) FY08 City of Fort Wortli Loan Star Libraries Grant--ContractA $S0, 000 and over 4 of 6 (1.) A sub -grantee must comply with Texas Government Code, Chapter 573, Vernon's 1994, by ensuring that no officer, employee, or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. (2.) A sub -grantee must insure that all information collected, assembled or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, Vernon's 1994, unless otherwise expressly prohibited by law. (3.) A sub -grantee must comply with Texas Government Code, Chapter 551, Vernon's 1994, which requires all regular, special or called meeting of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. (4.) A sub -grantee must comply with the Texas Family Code, Section 261.101 that requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Sub -grantees shall also ensure that all program personnel are properly trained and aware of this requirement. (5.) Sub -grantees will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681.1683, and 16854686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. (6.) Sub -grantees will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. § § 276a to 276a-7), the Copeland Act (40 U.S.C. § § 276c and 18 U.S.C. § § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. § § 327-333), regarding labor standards for federally assisted construction sub -agreements. (7.) Sub -grantees will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. (8.) Sub -grantees will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). (9.) Sub -grantees will comply with Public Law 103-277, also known, as the Pro -Children Act of 1994 (Act), which prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. (10.) Sub -grantees will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. (11.) Sub -grantees will comply with all applicable requirements of all other federal and state laws, executive orders, regulations and policies governing this program. (12.) Sub -grantees must adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. FY08 City of Fort YVorth Loan Star Libraries Grant --Contract A $50, 000 and over Sof6 SIGNATURES GRANTOR Texas State Library and Archives Commission c Edward Seidenberg, 2 -0 Date Karen brabek, Chief Fiscal Officer City of Fgft Worth, Fort Worth Public Library arian Signature (must e an official empowered to enter into conhacts) Libby Watson Typewritten or Printed Name Assistant City Manager Title 1014 to� Date Deborah Littrell, Library Development Director Date Wendy Clark, Program Manager UlQ7 i Date FY08 Ciry of Fort I-i'or!!i Loan Star Libraries Grmit--Conq•act A ESQ D00 arrrl oi�er 6of6 ASSIS% CITY ATiURrl�'t attested By; �iiarEy i-ie►�<? . _ 'tl^,� Page 10. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION, Approved on 11812008 Ord. No. 1794M1=2008 DATEa Tuesday, 1: 2008 LOG NAMEE 84LOAN.RREFERENCE NO.. SUBJECT: Authorize Acceptance of the Loan Star Libraries Grant from the Texas State Library and Archives Commission, 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 $141,069 Loan Star Libraries Grant for the Fort Worth Public Library 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 $141,069 in the Grants Fund upon receipt of the grant. DISCUSSION: The Loan Star Libraries is the direct state aid grant program for public libraries in Texas. The program is designed to reduce barriers to library services thus making services more accessible and available. Specifically, the grant provides assistance to local communities in an effort to maintain, improve and enhance local services and to extend library services beyond legal jurisdictional boundaries. Through this program, Texans who reside in communities that have a local public library are able to borrow materials across the state without a direct cost to the individual. The City's non-resident fee will remain in effect. The Library will use the grant funds for: 1. Summer reading program provides a popular literature and literacy based program for families; 2. Services to the Spanish speaking community provides library materials that address the specific library/information needs of the Spanish speaking community; 3. Genealogy materials and programming provides library materials and programming generating awareness about services and resources available at the Fort Worth Public Library; 4. Services to teens provides services, programs, supplies and related promotion of library services to teens; 5. Branch Library renovation provides for design layouts, furniture, fixtures and equipment as Phase I of a three year plan to provide cosmetic renovation of one branch library; and 6. TexShare databases provides subscription to the TexShare databases that are heavily used by library customers. http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 2/14/20( Page 2 o This grant is for the state fiscal year of September 1, 2007, through August 31, 2008. This is the seventh year that the Library has received 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. Funds will be reimbursed by grantor after expenditures are made. TO Fund/Account/Centers GR76 451458 084308247000 $1411069600 GR76 5 $141,069.00 (VARIOUS) 084308247010 Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers Libby Watson (6183) Gleniece Robinson (7706) Sheila Scullock (7708) http : //www. cfwnet. org/council�acket/Reports/mc�rint. asp 2/14/20C