HomeMy WebLinkAboutContract 41363A 1 9
TEXAS STATE LIBRARY & ARCHIVES COMMISSION
LOAN STAR LIBRARIES GRANT
Grant Type A - $50,000 and Over
Grant Number: 44241733
I. CONTRACTING PARTIES CITY SECRETARY
Grantor: Texas State Library and Archives Commission (TSLAC) ��0N'TRACT NO•
Grantee: City of Fort Worth, Fort Worth Library
500 W 3rd St
Fort Worth, Texas 76102
H. TERM OF GRANT
September 1, 2010 to August 31, 2011 (SFY 2011)
III. STATEMENT OF SERVICES TO BE PERFORMED
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 FYI 1) 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: $142,210.
B. Source of funds: General Revenue, State Fiscal Year 2011
C. The Grantee must request payments from Grantor using the TSLAC Request for Funds Form (RFF) via the electronic TSLAC Grant
Management System (GMS), located at hgps://gms.tsl.state.tx.us/. 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 reporting requirements for current and 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 141' day 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, 2011. Grantor must receive final
request for reimbursement no later than October 15, 2011.
F. The Grantee may not obligate or encumber grant funds after August 31, 2011. All obligations and encumbrances must be liquidated
or paid no later than October 15, 2011.
G. All unexpended grant funds $25.00 and over MUST be returned, in full, to TSLAC along 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
Fringe Benefits RECEI V IEL)
Eguipment/Property $ 15,210
Supplies $ 81500 DECContractual $118,500 C 10 2010
Other
Total $142,210 ACCOUNTING
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH; TX
FY 2011 Loan Star Libraries Grant 1 of 6
V. REQUEST FOR FISCAL AND PROGRAMMATIC CHANGES
The Grantee must request a Budget and/or Program Revision for fiscal and/or programmatic changes as outlined in this Section. Grantee must
submit request for Budget and/or Program Revision electronically via the electronic TSLAC Grant Management System (GMS), located at
https://gms.tsl.state.tx.us/. Under no condition may a Grantee request to exceed the total grant amount. Grantor must receive all change
requests no later than July 31, 2011. Requests received after this date will be considered on a case -by -case basis. Grantee must submit a
Budget and/or Program Revision to Grantor before obligating or expending grant funds under any of the following conditions.
A. Fiscal changes must have Budget Revision under any of the following conditions:
1. Making cumulative transfers among budget cost categories or projects that 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. Expending any earned program income earned through the utilization of resources funded by this grant; and/or,
4. 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 grant application (Loan Star Plan of Action) must have a Program Revision 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.
VI. EQUIPMENT' AND PROPERTY REQUIREMENTS
A. If conditions described in Section V. A. 1 are met, fiscal changes to items listed in the Equipment/Proper-ty Budget category specified in
Section IV. I of this contract require a Budget Revision. 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 TSLAC Equipment Report electronically via the TSLAC GMS with the Final FSR, but no later
than October 31, 2011, for all equipment/property purchased with grant funds during the SFYl1 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 electronically on the TSLAC GMS 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 October 31, 2011.
Note: Grantee must contact the Loan Star Libraries Grant Coordinator listed in Section X of this contract in order to submit a
revised performance report.
Reporting Period Due Date
September 1, 2010 -November 30, 2010 December 7, 2010
December 1, 2010 -February 28, 2011 March 7, 2011
March 1, 2011 - May 31, 2011 June 6, 2011
June 1, 2011 - August 31, 2011 September 5, 2011
FY 2011 Loan Star Libraries Grant 2 of 6 Contract A - $50,000 and over
B. The Grantee agrees to submit electronically the TSLAC Financial Status Report Form, located on the TSLAC GMS, 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.
Reporting Period Due Date
September 1, 2010- November 30, 2010 December 31, 2010
December 1, 2010 - February 28, 2011 March 31, 2011
March 1, 2011 - May 31, 2011 June 30, 2011
June 1, 2011 - August 31, 2011 September 30, 2011
If necessary, a revised Final FSR must be submitted no later than October 31, 2011
Note: Grantee must contact the Grants Accountant listed in Section X of this contract in order to submit a revised FSR.
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 funding or a different period is specified in a program -specific audit guide. The audit's Schedule of Expenditures of
Federal and State Awards must list the amount of TSLAC awards expended for each award year separately.
D. The Grantee agrees to submit the Grant Checklist report form for the grant funded under this contract no later than October 31, 2011.
VIII. GENERAL TERMS AND CONDITIONS
A. The Grantee will comply with the Loan Star Library Grant Program Guidelines for SFY 2011.
B. 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."
C. The Grantee will comply with the following parts of the Governor's Office of Budget and Planning, UGMS revised June 2004,
located at: http://governor.state.tx.iis/files/state-,grantslUGMS062004.doc.
Part I. Cost Principles for State and Local Governments and Other Affected Entities (Adapted from OMB Circular A-87).
Part II. State Uniform Administrative Requirements for Grants and Cooperative Agreements (Adapted from OMB Circulars A-
102 and A422).
Part III. State of Texas Single Audit Circular (Adapted from OMB Circular A433).
D. 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 Performance Report.
E. Grantee understands that acceptance of funds under this contract acts as acceptance of the authority of the Texas 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.
F. 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 the end date of this contract.
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 assurance, 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;
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.
FY 2011 Loan Star Libraries Grant 3 of 6 Contract A - $50,000 and over
Be Hearings appeals. In taking an enforcement action, 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 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 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 r
grant's Program Manager:
Loan Star Libraries Grant Coordinator
Phone: 512.463.5475
Fax: 512463-8800
E-mail: wclark tsl.state.tx.us
Questions or concerns about financial issues should be directed to:
Manager, Accounting and Grants Department
Phone: 512.463.6626
Fax: 512475-0185
E-mail: mmartinAtsl.state tx us
Questions or documentation relating to required
to:
Grants Accountant
Phone: 512-463-5472
Fax: 512475-0185
E-mail: grants.accountingAtsl state tx us
should be directed to this
should be directed
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 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.
Be This grant is subject to availability of funds.
XII. GRANT CERTIFICATIONS
A. Grantor certifies that: (1) The services specified in the approved grant application 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 complies with Texas Government Code § 441,006, 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, Texas Government Code § 441.135 Grants (Systems Act), P.L. 104-208,
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, 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.
C. 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).
FY 2011 Loan Star Libraries Grant 4 of 6
Contract A - $50,000 and over
SIGNATURES
GRANTOR
Texas State Library and Archives Commission
Edward Seidenberg, Assistant State
DatK�M4
r�
Vincent Houston, Chief Fiscal Officer
11/9/2010
Date
Deborah Littrell, Library Development Director
11 /9/2010
Date
Wendy Clark, Program Manager
11/9/2010
Date
GRANTEE
City of Fort Worth, Fort Worth Library
(must be an official empowered to enter into contracts)
Susan Alanis
Typewritten or Printed Name
Assistant City Manager
Title
ASSISiiliVT &&Y te r�`���dEY
11
Attested by:
May x�nax��,
Secretary
OFFICIAL RECOR®
CITY SECRETARY
T. WORTH, TX
FY 2011 Loan Star Libraries Grant 6 of 6 Contract A - $50,000 and over
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/12/2010 -Ord. No. 19401-10-2010
DATE: Tuesday, October 12, 2010
REFERENCE NO.: **C-24532
LOG NAME: 84LOANSTARGRANTSFY2011
SUBJECT:
Authorize Application for and Acceptance of Loan Star Libraries Grant Award of $142,210.00 from the
Texas State Library and Archives Commission, Authorize Execution of the Grant Agreement, Authorize an
Inter -Fund Loan and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to apply for and accept a $142,210.00 Loan Star Libraries Grant from the
Texas State Library and Archives Commission for the Fort Worth Library for the program year September
1, 2010 through August 31, 2011;
2. Authorize the City Manager to execute a grant agreement with the Texas State Library and Archives
Commission relating to such grant;
3. Authorize anon -interest bearing inter -fund loan in the amount of $142,210.00 from the General Fund to
the Grants Fund for interim financing to ensure program continuation from one grant funding period to the
next; and
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by $142,210.00 upon receipt of the grant.
DISCUSSION:
The Loan Star Libraries Program is a direct State aid grant program funded by the Texas State Legislature
for public libraries statewide. For State Fiscal Year 2011, the Texas State Library and Archives
Commission awarded $6,000,000.00 in grants to 541 accredited public libraries that have current
membership in the Texas Library System. These funds supplement local funding sources and allow public
libraries to offer a higher level of service to users of all ages.
The Fort Worth Library will receive a grant in the amount of $142,210.00 for State Fiscal Year 2011. The
grant funds will be used to fulfill the Library's mission and enrich the Library's purpose in the community
through programs, services, and materials that are educational and informative. Funded programs will
include NASA Explore, the Summer Reading Program, and the popular 3rd Thursday Jazz
Series. Informational resources of the Fort Worth Library will be extended through continued funding of
the TexShare Databases, subscription to the National Genealogy Bank, and licensing and purchase of a
variety of other materials such as additional databases, Genealogy materials, and periodicals of interest to
the Hispanic community. Some of the grant funds will also be used for minor interior renovation to the
Meadowbrook Branch Library to support the Library's partnership with Texas Workforce Solutions and the
Friends of the Fort Worth Public Library, Inc. This partnership supports the Council's Strategic Goal to
Logname: 84LOANSTARGRANTSFY2011 Page 1 of 2
strengthen the economic base, develop the future workforce, and create quality job opportunities.
This grant is for the State Fiscal Year of September 1, 2010 through August 31, 2011. This is the tenth
year the Fort Worth Library has received this grant, with awards totaling $1,048,360,00,
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that upon approval %J 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. Upon execution of the grant agreement,
the inter -fund loan will be returned to the General Fund.
FUND CENTERS:
TO Fund/Account/Centers
4) GR76 451458 084308502000
4) GR76 5(VARIOUS) 084308502XXX
3) GR76 220001 000308502000
CERTIFICATIONS:
FROM Fund/Account/Centers
$142,210,00 3) GG01 136076 000000 $142,210,00
$142,210,00
$142,210,00
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Charles Daniels (6183)
Gleniece Robinson (7706)
Sheila Scullock (7706)
ATTACHMENTS
1, 84LOANSTARGRANT0 FY2011 AO.doc (Public)
2. Award Letter SFY2011.pdf (Public)
Logname: 84LOANSTARGRANTSFY2011 Page 2 of 2
Ordinance No,
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS
IN THE GRANTS FUND IN THE AMOUNT OF $142,210,00, UPON RECEIPT OF THE
LOAN STAR LIBRARIES GRANT FROM THE TEXAS STATE LIBRARY AND ARCHIVES
COMMISSION, FOR THE PURPOSE OF PROVIDING SUPPLEMENTAL FUNDING FOR
VARIOUS LIBRARY PROGRAMS, SERVICES AND MATERIALS FOR FISCAL YEAR
2011; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE
CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2010-2011 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the
Grants Fund in the amount of $142,210.00, upon receipt of the Loan Star Libraries Grant from the Texas
State Library and Archives Commission, for the purpose of providing supplemental funding for various
library programs, services and materials for Fiscal Year 2011.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void
for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way
impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining
provisions shall be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance No.19355 and all other ordinances and appropriations
amending the same except in those instances where the provisions of this ordinance are in direct conflict
with such other ordinances and appropriations, in which instance said conflicting provisions of said prior
ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney
ADOPTED AND EFFECTIVE: