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HomeMy WebLinkAboutContract 44771 (2)TEXAS STATE LIBRARY & ARCHIVES COMMISSIONCITY SECRETARY LIBRARY COOPERATION GRANT PROGRAM CONTRACT NO. I. CONTRACTING PARTIES II. III. Grantor: Grantee: Grant Number: 479-14005 Texas State Library and Archives Commission (TSLAC) City of Fort Worth, Fort Worth Library 500 W 3rd St Fort Worth, TX 76102 TERM OF GRANT September 1, 2013, through August 31, 2014 (SFY 2014) STATEMENT OF SERVICES TO BE PERFORMED 111 Grantee shall provide services as outlined in the approved grant application. Grant funds must be used to meet TSLAC and Federal 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 approved grant application (Library Cooperation Grant for State FY14) as approved by the Grantor. The approved grant application submitted by Grantee is incorporated into this contract as if fully set forth herein. In the event of any conflict between the grant application and this contract, this contract shall prevail. IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS A. The total amount of the grant shall not exceed: $75,000.00 B. Source of funds: Federal Funds. CFDA # 45.310: Federal Award #LS-00-13-0044-13 Institute of Museum and Library Services, State Library Program (IMLS) Federal Fiscal Year 2013 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 https://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 processed and paid to the Grantee provided Grantor has received a fully executed contract, and Grantee has fulfilled all reporting requirements for current and preceding contracts and submitted supporting documentation with the RFF. 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 navment for estimated expenditures to be incurred for the upcoming 30 days. Only Grantees providing 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. When submitting an RFF for reimbursement, the Grantee must provide Grantor with documentation, such as invoices, time sheets, and/or pay stubs, to support the amount requested before payment will be processed. Grantee must submit the final request for reimbursement no later than September 30, 2014. F. The Grantee may not obligate or encumber grant funds after August 31, 2014. All obligations and encumbrances must be liquidated or paid no later than October 15, 2014. G. Interest earned in excess of $100 on advanced funds, must be returned to Grantor, per requirements in the State of Texas Uniform Grant Management Standards (UGMS). All unexpended grant funds must be returned to Grantor with the Final Financial Status Report (FSR) per requirements in UGMS, Section III, Subpart D, Sec 50 (d)(2). See Section VII. B. of this contract for FSR due dates. As part of the Section VII reporting requirements, the Grantee will regularly notify the Grantor of the amount of projected unexpended funds. The Grantor reserves the right to act as necessary to reduce any unexpended balances, including reducing the amount specified in Section IV. A. above. H. Per the approved grant application, funds are authorized according to the following budget: Personnel Fringe Benefits Travel Eauinment/Property Supplies Contractual Other Total FY 2014 Library Cooperation Grant RECEIVED SEP 04 20i3 OFFICIAL'b CORD CITY SECRETARY FT. WORTH, TX EIVED OCT -1 2013 $0.00 $0.00 $0.00 $0.00 $9,200.00 $45.200.00 $20,600.00 $75,000.00 RECEIVED SEP 1 2013 ACCOUNTING TSLAC 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 a request for Budget and/or Program Revision electronically on the TSLAC GMS. Under no condition may a Grantee request to exceed the total grant amount. Grantor must receive all change requests on or before July 15, 2014. Requests received after this date will generally be declined, but may be considered on a case -by -case basis if extenuating circumstances exist. 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 require an approved 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 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 require an approved 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/Property Budget category specified in Section IV. H 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. Equipment costing $5,000 or more per unit requires approval before purchase. In those instances, the Grantor will secure approval from IMLS on behalf of the Grantee, and inform Grantee of approval once received. D. The Grantee agrees to submit the most current TSLAC Equipment/Property Report electronically via TSLAC GMS with the Final FSR, but no later than October 31, 2014, for all equipment/property purchased with grant funds during the SFY14 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. E. Grantee must furnish a statement to Grantor certifying the governing entity's capitalization level with the approved grant application or with the first RFF submitted. Grantee agrees to maintain records on all equipment/property with an acquisition cost above governing entity's capitalization level. F. 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 biennial 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 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 quarterly performance reports detailing grant -funded activities via the TSLAC GMS on or before due dates listed in the following schedule. In the event that a due date falls on a weekend or state holiday, the respective report will be due on the next business day. Grantee agrees to submit Legislative Budget Board (LBB) measures, as defined by TSLAC, in the reports, and to work with agency staff in the development and reporting of Project outcomes. Renortine Period Q1 (September 1, 2013—November 30, 2013) Q2 (December 1, 2013—February 28, 2014) Q3 (March 1, 2014—May 31, 2014) Q4 (June 1, 2014—August 31, 2014) Due Date December 7, 2013 March 7, 2014 June 7, 2014 September 7, 2014 FY 2014 Library Cooperation Grant 2 of 7 TSLAC B. The Grantee agrees to submit quarterly Financial Status Reports via the TSLAC GMS on or before the due dates listed in the following schedule. In the event that a due date falls on a weekend or state holiday, the respective report will be due on the next business day. Grantee should submit a Final FSR once all grant funds have been expended and reimbursed. Renortini Period Q1 (September 1, 2013—November 30, 2013) Q2 (December 1, 2013—February 28, 2014) Q3 (March 1, 2014—May 31, 2014) Q4 (June 1, 2014—August 31, 2014) Due Date December 31, 2013 March 31, 2014 June 30, 2014 September 30, 2014 In the event the Grantee have not received the final reimbursement by August 31, 2014, a fifth and final FSR must be submitted no later than October 31, 2014, to report any funds received after August 31, 2014. C. The Grantee agrees to submit the Grant Checklist report form for the grant funded under this contract no later than October 31, 2014. D. 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. E. The Grantor reserves the right to withhold final payment on this Grant until all required reports are submitted. VIII. GENERAL TERMS AND CONDITIONS A. The Grantee will comply with the Library Cooperation Grant Program Guidelines for SFY 2014. B. The Grantee will comply with the Rules for Administering the Library Cooperation Grant, Texas Administrative Code (TAC), Title 13, Part 1, Chapter 2, Subchapter C, Division 3, Rules 2.310-2-312; and Title 13, Part 1, Chapter 2, Subchapter C, Division 1, Rules 2.110-2.119 regarding General Grant Guidelines. C. The Grantee will comply with the following rules and guidance as applicable from the Texas Uniform Grants Management Standards (UGMS) (www.governor.state.tx.us/files/state-grants/UGAIS06200,1.doc), Code of Federal Regulations (CFR) (www.ecfi•.gov), and federal Office of Management and Budget (OMB) grants circulars (www.whitehouse.gov/omb/grants_circulars.htm): (1) Cost Principles for State and Local Governments and Other Affected Entities (UGMS, Section II; adapted from OMB Circular A-87 (2 CFR 225)) or Cost Principles for Educational Institutions (2 CFR 220 (OMB Circular A-21)) or Cost Principles for Non -Profit Organizations (2 CFR 230 (OMB Circular A-122)); (2) State Uniform Administrative Requirements for Grants and Cooperative Agreements (UGMS, Section III; adapted from OMB Circular A-102) or Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations (2 CFR 215 (OMB Circular A-110)); and State of Texas Single Audit Circular (UGMS, Section IV; adapted from OMB Circular A-133). (3) D. The Grantee will comply with UGMS Part III, Subpart C, Sec. 34 Copyrights. IMLS and TSLAC reserve a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal or state government purposes: (a) The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant; and (b) Any rights of copyright to which a grantee, subgrantee or a contractor purchases ownership with grant support. E. All publicity relating to the grant award must include acknowledgement of the Institute of Museum and Library Services (http://www.imis.gov/recipients/imis_acknowledgement.aspx) and the Texas State Library and Archives Commission. 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 quarterly performance report. F. 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 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 for three years after the last State Program Report for the Texas LSTA 5-Year Plan 2013-2017 is submitted on December 31, 2018. The Grantee must maintain all grant -related records through December 31, 2021. In the event the Grantee or receiving entity no longer exists, the Grantee will notify the Grantor in writing providing the name of the legal entity that will maintain the records and the location of said records. FY 2014 Library Cooperation Grant 3 of 7 TSLAC H. This grant may be terminated by written notice and mutual agreement of both parties. The termination notice must be given no less than 30 days prior to the termination date. Where notice of termination is given, the Grantee shall: 1. Take immediate steps to bring the work or grant activities to a close in a prompt and orderly manner. Grantee will complete reporting requirements outlined in Section VII of this document and in a manner mutually agreed upon by both parties as part of the closeout process. 2. Reduce expenses to a minimum and not undertake any forward commitment. All contracted funds that are not spent, encumbered or obligated at the time of notice of termination shall revert back to Grantor according to processes established in Section IV of this document and according to a timeline mutually agreed upon by both parties. In the event the Grantee loses all staff prior to the end of the grant period or the termination date, whichever is earlier, the Grantee is obligated to fulfill all terms and conditions of the grant with regard to reporting requirements, retention of records and requirements for disposition of equipment and supplies. 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 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. anneals 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 to Grantee or Sub -grantee resulting fi•om 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. Other Grantee or Sub -grantee costs during suspension or after termination that are necessary and not reasonably avoidable, are allowable if: 1. The costs resulting from obligations 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. 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, performance reports, and equipment/property should be directed to: Erica McCormick, Grants Administrator Phone: 512-463-5527/ Fax: 512- 936-2306 E-mail: emccormick@tsl.state.tx.us Questions or concerns about advance payments and other financial issues should be directed to: Rebecca Cannon, Manager, Accounting and Grants Phone: 512-463-6626 / Fax: 512-475-0185 E-mail: rcannon@tsl.state.tx.us Questions or documentation relating to Requests for Funds and Financial Status Reports should be directed to: Tamra Lavin, Grants Accountant Phone: 512-463-5472 / Fax: 512-475-0185 E-mail: tlavin@tsl.state.tx.us or grants.accounting@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 to the following address with a revised FSR, an explanation of the purpose of the payment, and the grant number: Grants Accountant Accounting and Grants Department Texas State Library and Archives Commission PO Box 12516 Austin, TX 78711-2516 FY 2014 Library Cooperation Grant 4 of 7 TSLAC XI. APPLICABLE AND GOVERNING LAW A. The laws of the State of Texas shall govern this grant. B. 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. C. This grant contract is subject to the availability of funds. The Grantor may reduce or terminate this grant contract when the availability of funding is reduced or eliminated. 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 is in compliance with Texas Government Code §441.006, Texas Government Code §441.135; Texas Administrative Code, Title 13, Part 1, Chapter 2, Subchapter C, Division 3, Rules 2.310-2.312 regarding the Library Cooperation Grant Program; Texas Administrative Code, Title 13, Part 1, Chapter 2, Subchapter C, Division 1, Rules 2.110-2.119 regarding General Grant Guidelines; the Library Services and Technology Act (LSTA); the State Plan for the LSTA in Texas; and UGMS. B. 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 by this contract that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Grantee, 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. If any funds other than Federal appropriated funds have been paid or will be paid for such purpose, the Grantee shall complete and submit OMB form SF-LLL, Disclosure of Lobbying Activities, in accordance with its instructions. The Grantee 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, as specified in Title 31 U.S. Code, Sec. 1352. D. Grantee has provided to 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. Grantee certifies by this contract that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this program by any Federal department or agency, as required by the regulations implementing Executive Order 12549, Debarment and Suspension, 34 CFR Part 85, Section 85.510, Participant's responsibilities, 2 CFR Part 180 Subchapter C. 180.335. Where the Grantee is unable to certify to any of the statements in this certification, the Grantee shall attach an explanation to this contract. F. The Grantee 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 be used to access the Internet or pay for the direct costs of accessing the Internet, Grantee will ensure Certification forms are received from all libraries receiving benefits of federal funds expended under this contract. G. 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). H. In addition to Federal requirements, state law requires a number of assurances from applicants for Federal pass -through or other state -appropriated funds. (UGMS Part III, Subpart B, Sec. 14 — State Assurances): 1. A subgrantee 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 subgrantee 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. FY 2014 Library Cooperation Grant 5 of 7 TSLAC 3. A subgrantee must comply with Texas Government Code, Chapter 551, that requires all regular, special or called meetings of governmental bodies to be open to the public, except as otherwise provided by law. 4. A subgrantee 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. Subgrantees shall also ensure that all program personnel are properly trained and aware of this requirement. 5. Subgrantees 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) that prohibits discrimination on the basis of race, color, religion or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685- 1686), that prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), that prohibits discrimination on the basis of disability and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§6101-6107), that 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) that may apply to the application. 6. Subgrantees 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 subagreements. 7. Subgrantees will comply with the provisions of the Hatch Political Activity Act (5 U.S.C. §7321-29) that limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 8. Subgrantees 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. 9. Subgrantees will insure that the facilities under its ownership, lease or supervision that shall be utilized in the accomplishment of the project are not listed on the Environmental Protections Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. (EO 11738). 10. Subgrantees 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.). 11. Subgrantees will comply with Public Law 103-277, also known as the Pro -Children Act of 1994 (Act), that prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. 12. Subgrantees will comply with all Federal tax laws and are solely responsible for filing all required state and federal tax forms. 13. Subgrantees will comply with all applicable requirements of all other Federal and state laws, executive orders, regulations and policies governing this program. 14. Subgrantees 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. FY 2014 Library Cooperation Grant 6 of 7 TSLAC XIII. SIGNATURES GRANTOR Teas State Library an ves Commission Donna Osborne, Chief Fiscal Officer Date `6- 37x- t Deborah Littre'l�, Library Development and Networking Director 8/27/13 Date Erica Mbtormick, Grants Administrator 8/27/13 Date FY 2014 Library Cooperation Grant GRANTEE City of Fort` rth, Fort Worth Library Si;nature (official empowered o enter t tcontracts) hdrks (/)42/1/ 6 Typewritten or Printed Name o % DS, /I Date OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX TSLAC FY 2014 Competitive Grant Contract Checklist — Quarterly Instructions This checklist is provided as a tool to help with contract compliance for the Special Projects, Library Cooperation, and TexTreasures grants. There are three different checklists, each related to a different stage of the grant period: start-up, project period, and close-out. • On each checklist, assign the tasks listed to grant project staff for completion at the appointed reporting time, if applicable. Write the person's name in the Responsibility column. The responsible staff person will ensure that the grant requirement has been met. If the category is not applicable to your situation, write "N/A" in the Responsibility column. • At each reporting deadline, verify that each of the tasks has been completed by the person assigned. The responsible person should initial and date the form next to the task assigned to indicate compliance with that requirement. • The person giving final approval of the checklist should sign off each reporting period on the "Reviewed by" signature line provided. • Section I is due to TSLAC by November 1, 2013. The checklists in Sections II and III are to be submitted together to TSLAC by October 31, 2014. • Materials referenced in the checklist are available through the TSLAC website at: http://www.tsl.state.tx.us/Id/funding/OnlineGrantHandbook/index.html. Contract References Section I. Section II. Section III. Section IV. Section V. Section VI. Section VII. Section VIII. Section IX. Section X. Section XI. Section XII. Section XIII. Contracting Parties Term of Grant Statement of Services to be Performed Grant Amounts and Disbursement Requirements Request for Fiscal and Programmatic Changes Equipment and Property Requirements Reporting Requirements General Terms and Conditions Enforcement Contacts at TSLAC Applicable and Governing Law Grant Certifications Signatures Certification Guidelines and Rules (Please indicate who will be responsible for ensuring compliance with the referenced documents during the project period. Please contact the Grants Administrator with any questions.) (3) FY 2014 Competitive Grant Contract Checklist — Quarterly Grantee: Grant #: Section I. Grant Start Up Please verify that each of the tasks below has been completed, if applicable, within the first two months of the grant period. Have the person responsible for ensuring the completion of each task initial and date when the task is completed. For the Guidelines and Rules section, simply indicate who will be responsible for ensuring compliance. If the category is not applicable to your situation, write "N/A" in the Responsibility column. Please return this form to TSLAC by November 1, 2013. Category Contract Execution Description (Contract Reference) Responsibility Initial Date Grantee submits at least two signed hard copies of grant contract to TSLAC. Grantee receives at least one copy of the fully executed contract from TSLAC. Prior Approvals Written Prior Approval requests submitted for approval of purchase of equipment or property costing more than $5,000 per unit as listed in the Equipment /Property budget category. (VI-C) Prior Approval received authorizing purchase of equipment costing more than $5,000 per unit as listed in the Equipment /Property budget category. (VI-C) Grantee submits a statement certifying the governing entity's capitalization level. For equipment/property purchases only. (VI-D) Grantee complies with the Grant Program Guidelines for SFY 2014. (VI II -A) Grantee complies with the applicable Rules for Administering the Grant Program as referenced in the Texas Administrative Code (TAC): 13 TAC §§ 2.310-2.312 (Library Cooperation) or 13 TAC §§ 2.410- 2.412 (Special Projects) or 13 TAC §§ 2.510-2.512 (TexTreasures); and 13 TAC §§ 2.110-2.119 (General Grant Guidelines). (VIII-B) The Grantee will comply with the following rules and guidance as applicable from the Texas Uniform Grants Management Standards (UGMS) (www.govemor.state.tx.usflles/state-grants/UGMS062004.doc), Code of Federal Regulations (CFR) (www.ecfr.gov), and federal Office of Management and Budget (OMB) grants circulars (www.whitehouse.gov/omb/grants circulars.htm): (1) Cost Principles for State and Local Governments and Other Affected Entities (UGMS, Section II; adapted from OMB Circular A-87 (2 CFR 225)) or Cost Principles for Educational Institutions (2 CFR 220 (OMB Circular A-21)) or Cost Principles for Non -Profit Organizations (2 CFR 230(OMB Circular A-122)); (2) State Uniform Administrative Requirements for Grants and Cooperative Agreements (UGMS, Section III; adapted from OMB Circulars A-102) or Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations (2 CFR 215 (OMB Circular A-110)); and State of Texas Single Audit Circular (UGMS, Section IV; adapted from OMB Circular A-133). Reviewed by: Date: TSLAC — Competitive Grants — rev. 8/2013 FY 2014 Competitive Grant Contract Checklist — Quarterly Grantee: Grant #: Section II. Project period (September 1, 2013-August 31, 2014) Please verify that each of the tasks below has been completed, if applicable, at the end of each reporting period. Have the person responsible for each task initial and date the applicable column when the task is completed. If the category is not applicable to your situation, write "N/A" in the Responsibility column. Do not submit the form until the end of the full grant period or when all activities have been completed. Initial and date for applicable quarter. Category Description (Contract Reference) Responsibility Q1 02 Q3 Q4 Performance Grantee submits the quarterly Performance Report to TSLAC by due Reports date.(VII-A) Financial Status Reports (FSR) Requests for Funds Grantee uses the TSLAC RFF form to request payments through the Grant (RFF) Management System (GMS) no more than once per month, and no Tess than once per quarter. (IV-C) Fiscal Changes Grantee submits any fiscal changes to the approved budget via GMS by July 15, 2014. (V-A) Programmatic Grantee submits any programmatic changes to approved application via Changes GMS by July 15, 2014. (V-B) Equipment Grantee complies with UGMS Part III, Subpart C, Sec. 32 (d)(3) requiring Inventory certain items of equipment to be maintained on inventory if the item's cost is between $500 and $1000. (VI-B) Grantee maintains records on all equipment/property with acquisition costs above the governing entity's capitalization level. (VI-D) Grantee follows UGMS Subpart C, Sec. 32 (e) for disposal of equipment/property. Audits For grant program -specific audits, Grantee submits a copy of all management letters issued by an auditor with the reporting package. Refer to UGMS Part IV, Subpart B, Sec.235 (c) for further requirements and deadlines. (VII-D) Publicity relating to the grant award includes acknowledgement of the Institute of Museum and Library Science and the Texas State Library and Archives Commission. (VIII-F) Quarters — Q1 (9/1/13-11/30/13); due 12/31/2013; Q2 (12/1/13-2/28/14); due 3/31/2014; Q3 (3/1/14-5/31/14); due: 6/30/2014; Q4 (6/1/14-8/31/14); due 9/30/2014 Acknowledgements Grantee submits the quarterly FSR to TSLAC by due date. (VII-B) Q1 reviewed by: Date Q2 reviewed by: Date Q3 reviewed by: Date Q4 reviewed by: Date TSLAC — Competitive Grants — rev. 8/2013 FY 2014 Competitive Grant Contract Checklist — Quarterly Grantee: Grant #: Section III: FY 2014 Grant Close Out Please verify that each of the tasks below has been completed, if applicable, at the end of the grant period. Have the person responsible for each task initial and date when the task is completed. If the category is not applicable to your situation, write "N/A" in the Responsibility column. Submit Sections 11 and 111 to TSLAC by October 31, 2014. Category Unexpended Funds & Interest Acknowledgements Inventory FSR Checklist Records Retention Description (Contract Reference) All encumbrances are liquidated or paid no later than October 15, 2014. (IV-F) All unexpended funds are returned to TSLAC with the Final FSR no later than October 31, 2014. (IV-G) Interest earned in excess of $100 is returned to TSLAC. (IV-G) All publicity and marketing materials created during the year relating to the grant program have been gathered and submitted to TSLAC. (VIII-F) The Equipment/Property Acquired Form is submitted by October 31, 2014, for all equipment/property purchased with grant funds during the year as listed in the Equipment/Property budget category. (VI-C) A biennial property inventory has been conducted; and the equipment property records have been reconciled with the physical inventory of equipment/property every two years. (VI-F) Do not submit to TSLAC. Grantee submits Final FSR once all grant funds had been expended and reimbursed, no later than October 31, 2014. (VII-B) Grantee submits all sections of the Grant Contract Checklist no later than October 31, 2014. (VII-C) Grantee maintains all records relating to this grant award through December 31, 2021. (VIII-H) Reviewed by: Date: Responsibility Initial Date TSLAC — Competitive Grants — rev. 8/2013 FORT WORTH MEMORANDUM FOR RECORD FROM: Stephanie Mills DATE: September 10, 2012 SUBJECT: Contract Missing Signature — The Texas State Library d'Archives Commission Library Cooperation Grant Program contract was given a City Secretary Number without being fully executed. Cheryl Houze has assured this office that she will bring a fully executed copy to us as soon as she is able. City Secretary's Office CITY SECRETARY0j TEXAS STATE LIBRARY & ARCHIVES COMM ISSIGONTRACTNO. "1 I ✓) I LIBRARY COOPERATION GRANT PROGRAM Grant Number: 479-14005 I. CONTRACTING PARTIES Grantor: Texas State Library and Archives Commission (TSLAC) Grantee: City of Fort Worth, Fort Worth Library 500 W 3rd St Fort Worth, TX 76102 II. TERM OF GRANT September I, 2013, through August 31, 2014 (SPY 20I4) III. STATEMENT OF SERVICES TO BE PERFORMED Grantee shall provide services as outlined in the approved grant application. Grant funds must be used to meet TSLAC and Federal 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 approved grant application (Library Cooperation Grant for State FY 14) as approved by the Grantor. The approved grant application submitted by Grantee is incorporated into this contract as if fully set forth herein. In the event of any conflict between the grant application and this contract, this contract shall prevail. IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS A. The total amount of the grant shall not exceed: $75,000.00 B. Source of funds: Federal Funds. CFDA # 45.310: Federal Award #LS-00-13-0044-13 Institute of Museum and Library Services, State Library Program (IMLS) Federal Fiscal Year 2013 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 https://gms.tsl.statc.tx.us/. Requests may be submitted to Grantor no more often than once per month, and no Tess often than once per quarter. Funds will be processed and paid to the Grantee provided Grantor has received a fully executed contract, and Grantee has fulfilled all reporting requirements for current and preceding contracts and submitted supporting documentation with the RFF. 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 providing 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 ands will be allowed to request advance payments. E. When submitting an RFF for reimbursement, the Grantee must provide Grantor with documentation, such as invoices, time sheets, and/or pay stubs, to support the amount requested before payment will be processed. Grantee must submit the final request for reimbursement no later than September 30, 2014. F. The Grantee may not oblie:ate or encumber grant funds after August 31, 2014. All obligations and encumbrances must be liquidated or paid no later than October 15, 2014. G. Interest earned in excess of $100 on advanced funds, must be returned to Grantor, per requirements in the State of Texas Uniform Grant Management Standards (UGMS). All unexpended grant funds must be returned to Grantor with the Final Financial Status Report (FSR) per requirements in UGMS, Section 11I, Subpart D, Sec 50 (d)(2). See Section VII. B. of this contract for FSR due dates. As part of the Section VII reporting requirements, the Grantee will regularly notify the Grantor of the amount of projected unexpended funds. The Grantor reserves the right to act as necessary to reduce any unexpended balances, including reducing the amount specified in Section IV. A. above. H. Per the approved grant application, funds are authorized according to the following budget: Personnel $0.00 Frinee Benefits $0.00 Travel $0.00 Eauipment/Property $0.00 Supplies $9.200.00 Contractual $45.200.00 Other $20,600.00 Total $75,000.00 RECEIVED S`P 0 4 2013 FY 2014 Library Cooperation Grant OFFICIAL RECORD 1 ot.7 CITY SECRETARY FT. WORTH, TX TSLAC 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 a request for Budget and/or Program Revision electronically on the TSLAC GMS. Under no condition may a Grantee request to exceed the total grant amount. Grantor must receive all change requests on or before July 15, 2014. Requests received after this date will generally be declined, but may be considered on a case -by -case basis if extenuating circumstances exist. 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 require an approved 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 program income earned through the utilization of resources funded by this grant; and/or, 4. Changing the items listed in the approved budget categories Wan 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 require an approved 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 I are met, fiscal changes to items listed in the Equipment/Property Budget category specified in Section iV. H 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 111, 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. Equipment costing $5,000 or more per unit requires approval before purchase. In those instances, the Grantor will secure approval from 1MLS on behalf of the Grantee, and inform Grantee of approval once received. D. The Grantee agrees to submit the most current TSLAC Equipment/Property Report electronically via TSLAC GMS with the Final FSR, but no later than October 31, 2014, for all equipment/property purchased with grant funds during the SFY 14 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. E. Grantee must furnish a statement to Grantor certifying the governing entity's capitalization level with the approved grant application or with the first RFF submitted. Grantee agrees to maintain records on all equipment/property with an acquisition cost above governing entity's capitalization level. F. Subject to the obligations and conditions set forth in the UGMS Part 111, 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 111, 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 biennial 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 Ill, 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 the Grantor with submitting performance measurement reports that specify the level of services provided by its programs and services. In accepting these grant finds, 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 arc timely, accurate, auditable, and consistent with definitions. A. The Grantee agrees to submit quarterly performance reports detailing grant -funded activities via the TSLAC GMS on or before due dates listed in the following schedule. In the event that a due date falls on a weekend or state holiday, the respective report will be due on the next business day. Grantee agrees to submit Legislative Budget Board (LBB) measures, as defined by TSLAC, in the reports, and to work with agency staff in the development and reporting of Project outcomes. Reporting Period Qi (September 1, 2013—November 30, 2013) Q2 (December 1, 2013—February 28, 2014) Q3 (March 1, 2014—May 31, 2014) Q4 (June 1, 2014—August 31, 2014) Due Date December 7, 2013 March 7, 2014 June 7, 2014 September 7, 2014 FY 2014 Library Cooperation Grant 2 of 7 TSLAC B. The Grantee agrees to submit quarterly Financial Status Reports via the TSLAC GMS on or before the due dates listed in the following schedule. In the event that a due date fells on a weekend or state holiday, the respective report will be due on the next business day. Grantee should submit a Final FSR once all grant funds have been expended and reimbursed. Reoortine Period Q1 (September 1, 2013—November 30, 2013) Q2 (December 1, 2013—February 28, 2014) Q3 (March 1, 2014—May 31, 2014) Q4 (June 1, 2014—August 31, 2014) Due Date December 31, 2013 March 31, 2014 June 30, 2014 September 30, 2014 In the event the Grantee have not received the final reimbursement by August 31, 2014. a fifth and final FSR must be submitted no later than October 31, 2014, to report any funds received after August 31, 2014. C. The Grantee agrees to submit the Grant Checklist report form for the grant funded under this contract no later than October 31, 2014. D. 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. E. The Grantor reserves the right to withhold final payment on this Grant until all required reports are submitted. VIII. GENERAL TERMS AND CONDITIONS A. The Grantee will comply with the Library Cooperation Grant Program Guidelines for SFY 2014. B. The Grantee will comply with the Rules for Administering the Library Cooperation Grant, Texas Administrative Code (TAC), Title 13, Part I, Chapter 2, Subchapter C, Division 3, Rules 2.310-2-312; and Title 13, Part 1, Chapter 2, Subchapter C, Division 1, Rules 2.1 10-2.119 regarding General Grant Guidelines. C. The Grantee will comply with the following rules and guidance as applicable from the Texas Uniform Grants Management Standards (UGMS) (www.governorstate.a.us/files/state-grants/UGMS062004.doc), Code of Federal Regulations (CFR) (www.ecfr.gov), and federal Office of Management and Budget (OMB) grants circulars (www. whitehouse.gov/omh/grants_circulars. htm): (I) Cost Principles fir State and Local Governments and Other Affected Entities (UGMS, Section 11; adapted from OMB Circular A-87 (2 CFR 225)) or Cost Principles for Educational Institutions (2 CFR 220 (OM13 Circular A-21)) or Cost Principles for Non -Profit Organizations (2 CFR 230 (OMB Circular A-122)); (2) State Uniform Administrative Requirements for Grants and Cooperative Agreements (UGMS, Section 111; adapted from OMB Circular A-102) or Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations (2 CFR 215 (OMB Circular A-110)); and State of Texas Single Audit Circular (UGMS, Section IV; adapted from OMB Circular A-I33). (3) D. The Grantee will comply with UGMS Part 111, Subpart C, Sec. 34 Copyrights. IMLS and TSLAC reserve a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal or state government purposes: (a) The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant; and (b) Any rights of copyright to which a grantee, subgrantee or a contractor purchases ownership with grant support. E. All publicity relating to the gram award must include acknowledgement of the Institute of Museum and Library Services (http://www.imis.gov/recipients/imis acknowledgement.aspx) and the Texas State Library and Archives Commission. 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 quarterly performance report. F. Grantee understands that acceptance of finds 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 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 for three years after the last State Program Report for the Texas LSTA 5-Year Plan 2013-2017 is submitted on December 31, 2018. The Grantee must maintain all grant -related records through December 31, 2021. In the event the Grantee or receiving entity no longer exists, the Grantee will notify the Grantor in writing providing the name of the legal entity that will maintain the records and the location of said records. FY 2014 Library Cooperation Grant 3 or] TSLAC H. This grant may be terminated by written notice and mutual agreement of both parties. The termination notice must he given no less than 30 days prior to the termination date. Where notice of termination is given, the Grantee shall: I. Take immediate steps to bring thc work or grant activities to a close in a prompt and orderly manner. Grantee will complete reporting requirements outlined in Section VII of this document and in a manner mutually agreed upon by both parties as part of the closeout process. 2. Reduce expenses to a minimum and not undertake any forward commitment. All contracted finds that are not spent, encumbered or obligated at the time of notice of termination shall revert back to Grantor according to processes established in Section IV of this document and according to a timeline mutually agreed upon by both parties. In the event the Grantee loses all staff prior to the end of the grant period or the termination date, whichever is earlier, the Grantee is obligated to fulfill all terms and conditions of the grant with regard to reporting requirements, retention of records and requirements for disposition of equipment and supplies. IX. ENFORCEMENT A. Remedies for noncompliance — If a Grantee or Suh-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 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 Suh-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, Grantor will provide the Grantee or Sub -grantee an opportunity for such hearing, appeal, or other administrative proceeding to which thc Grantee or Sub -grantee is entitled under any statute or regulation applicable to the action involved. C. Effects of suspension and termination — Costs to 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. Other Grantee or Suh-grantee costs during suspension or after termination that are necessary and not reasonably avoidable, are allowable if: I. The costs resulting from obligations 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. 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, performance reports, and equipment/property should he directed to: Erica McCormick, Grants Administrator Phone: 512-463-5527/ Fax: 512- 936-2306 E-mail: emccormick@tsl.state.tx.us Questions or concerns about advance payments and other financial issues should be directed to: Rebecca Cannon, Manager, Accounting and Grants Phone: 512-463-6626 / Fax: 512-475-0185 E-mail: rcannon@tsl.state.tx.us Questions or documentation relating to Reauests for Funds and Financial Status Renorts should be directed to: Tamra Lavin, Grants Accountant Phone: 512-463-5472 / Fax: 512-475-0185 E-mail: tlavin(c)tsl.state.tx.us or grants.accounting@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 to the following address with a revised FSR, an explanation of the purpose of the payment, and the grant number: Grants Accountant Accounting and Grants Department Texas State Library and Archives Commission PO Box 12516 Austin, TX 7871 1-2516 FY 2014 Library Cooperation Grant 4 of 7 TSLAC XL APPLICABLE AND GOVERNING LAW A. The laws of the State of Texas shall govern this grant. B. 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. C. This grant contract is subject to the availability of funds. The Grantor may reduce or terminate this grant contract when the availability of finding is reduced or eliminated. 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 is in compliance with Texas Government Code §44I.006, Texas Government Code §441.135; Texas Administrative Code, Title 13, Part 1, Chapter 2, Subchapter C, Division 3, Rules 2.310-2.312 regarding the Library Cooperation Grant Program; Texas Administrative Code, Title 13, Part I, Chapter 2, Subchapter C, Division 1, Rules 2.110-2.119 regarding General Grant Guidelines; the Library Services and Technology Act (LSTA); the State Plan for the LSTA in Texas; and UGMS. B. The Grantee affirms that it has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, (inure 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 by this contract that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Grantee, 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. If any fiords other than Federal appropriated funds have been paid or will be paid for such purpose, the Grantee shall complete and submit OMB form SF-LLL, Disclosure of Lobbying Activities, in accordance with its instructions. The Grantee 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, as specified in Title 31 U.S. Code, Sec. 1352. D. Grantee has provided to 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. Grantee certifies by this contract that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this program by any Federal department or agency, as required by the regulations implementing Executive Order 12549, Debarment and Suspension, 34 CFR Part 85, Section 85.510, Participant's responsibilities, 2 CFR Part 180 Subchapter C. 180.335. Where the Grantee is unable to certify to any of the statements in this certification, the Grantee shall attach an explanation to this contract. F. The Grantee certifies that no Federal funds from this grant award will he made available for a public library, or public elementary or secondary school library that does not currently receive F.-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 be used to access the Internet or pay for the direct costs of accessing the Internet, Grantee will ensure Certification forms are received from all libraries receiving benefits of federal funds expended under this contract. G. 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). H. In addition to Federal requirements, state law requires a number of assurances from applicants for Federal pass -through or other state -appropriated funds. (UGMS Part III, Subpart B, Sec. 14 — State Assurances): I. A subgrantee 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 subgrantee 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. FY 2014 Library Cooperation Grant 5 of 7 TSLAC 3. A subgrantee must comply with Texas Government Code, Chapter 551, that requires all regular, special or called meetings of governmental bodies to he open to the public, except as otherwise provided by law. 4. A subgrantee 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. Subgrantees shall also ensure that all program personnel are properly trained and aware of this requirement. 5. Subgrantees 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) that prohibits discrimination on the basis of race, color, religion or national origin; (b) "Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685- 1686), that prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), that prohibits discrimination on the basis of disability and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§6101-6107), that 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 VI1I 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 statutc(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) that may apply to the application. 6. Subgrantees 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 subagreements. 7. Subgrantees will comply with the provisions of the Hatch Political Activity Act (5 U.S.C. §7321-29) that limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal finds. 8. Subgrantees 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. 9. Subgrantees will insure that the facilities under its ownership, lease or supervision that shall be utilized in the accomplishment of the project are not listed on the Environmental Protections Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. (EO 11738). 10. Subgrantees 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.). 11. Subgrantees will comply with Public Law 103-277, also known as the Pro -Children Act of 1994 (Act), that prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. 12. Subgrantees will comply with all Federal tax laws and are solely responsible for filing all required state and federal tax forms. 13. Subgrantees will comply with all applicable requirements of all other Federal and state laws, executive orders, regulations and policies governing this program. 14. Subgrantees 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. FY 2014 Library Cooperation Grant 6 of 7 TSLAC XIII. SIGNATURES GRANTOR Texas State Library and Archives Commission Donna Osborne, Chief Fiscal Officer Date Deborah Littre , Library Development and Networking Director Date 8/27/13 lea A Erica cCormick, Grants Administrator 8/27/13 Date GRANTEE City of Fort Worth, Fort Worth Library 400.40. Si. nature (official empowered to enter nto contracts) 1-14-r/ s �i►� .fin c e LS Typewritten or Printed Name 4,5374. g_/ ;te/ Title g 01. 03. /3 Date OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FY 2014 Library Cooperation Grant 7 of 7 TSLAC FY 2014 Competitive Grant Contract Checklist — Quarterly Instructions This checklist is provided as a tool to help with contract compliance for the Special Projects, Library Cooperation, and TexTreasures grants. There are three different checklists, each related to a different stage of the grant period: start-up, project period, and close-out. • On each checklist, assign the tasks listed to grant project staff for completion at the appointed reporting time, if applicable. Write the person's name in the Responsibility column. The responsible staff person will ensure that the grant requirement has been met. If the category is not applicable to your situation, write "N/A" in the Responsibility column. • At each reporting deadline, verify that each of the tasks has been completed by the person assigned. The responsible person should initial and date the form next to the task assigned to indicate compliance with that requirement. • The person giving final approval of the checklist should sign off each reporting period on the "Reviewed by" signature line provided. • Section I is due to TSLAC by November 1, 2013. The checklists in Sections II and III are to be submitted together to TSLAC by October 31, 2014. • Materials referenced in the checklist are available through the TSLAC website at: http://www.tsl.state.tx. us/Id/funding/OnlineGrantHandbook/index.html. Contract References Section I. Contracting Parties Section II. Term of Grant Section III. Statement of Services to be Performed Section IV. Grant Amounts and Disbursement Requirements Section V. Request for Fiscal and Programmatic Changes Section VI. Equipment and Property Requirements Section VII. Reporting Requirements Section VIII. General Terms and Conditions Section IX. Enforcement Section X. Contacts at TSLAC Section XI. Applicable and Governing Law Section XII. Grant Certifications Section XIII. Signatures FY 2014 Competitive Grant Contract Checklist — Quarterly Grantee: Grant #: Section I. Grant Start Up Please verify that each of the tasks below has been completed, if applicable, within the first two months of the grant period. Have the person responsible for ensuring the completion of each task initial and date when the task is completed. For the Guidelines and Rules section, simply indicate who will be responsible for ensuring compliance. If the category is not applicable to your situation, write "N/A" in the Responsibility column. Please return this form to TSLAC by November 1, 2013. Category Contract Execution Prior Approvals Certification Guidelines and Rules (Please indicate who will be responsible for ensuring compliance with the referenced documents during the project period. Please contact the Grants Administrator with any questions.) Description (Contract Reference) Grantee submits at least two signed hard copies of grant contract to TSLAC. Grantee receives at least one copy of the fully executed contract from TSLAC. Written Prior Approval requests submitted for approval of purchase of equipment or property costing more than $5,000 per unit as listed in the Equipment /Property budget category. (VI-C) Prior Approval received authorizing purchase of equipment costing more than $5,000 per unit as listed in the Equipment /Property budget category. (VI-C) Grantee submits a statement certifying the governing entity's capitalization level. For equipment/property purchases only. (VI-D) Grantee complies with the Grant Program Guidelines for SFY 2014. (VIII-A) Grantee complies with the applicable Rules for Administering the Grant Program as referenced in the Texas Administrative Code (TAC): 13 TAC §§ 2.310-2.312 (Library Cooperation) or 13 TAC §§ 2.410- 2.412 (Special Projects) or 13 TAC §§ 2.510-2.512 (TexTreasures); and 13 TAC §§ 2.110-2.119 (General Grant Guidelines). (VIII-B) The Grantee will comply with the following rules and guidance as applicable from the Texas Uniform Grants Management Standards (UGMS) (www.govemor.state.ix.us/files/state-grants/UGMS062004.doc), Code of Federal Regulations (CFR) (www.ecfr.gov), and federal Office of Management and Budget (OMB) grants circulars (www.whitehouse.gov/omb/grants circulars.htm): (1) Cost Principles for State and Local Governments and Other Affected Entities (UGMS, Section II; adapted from OMB Circular A-87 (2 CFR 225)) or Cost Principles for Educational Institutions (2 CFR 220 (OMB Circular A-21)) or Cost Principles for Non -Profit Organizations (2 CFR 230(OMB Circular A-122)); (2) State Uniform Administrative Requirements for Grants and Cooperative Agreements (UGMS, Section III; adapted from OMB Circulars A-102) or Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations (2 CFR 215 (OMB Circular A-110)); and State of Texas Single Audit Circular (UGMS, Section IV; adapted from OMB Circular A-133). (3) Reviewed by: Date: Responsibility Initial Date TSLAC — Competitive Grants — rev. 8/2013 FY 2014 Competitive Grant Contract Checklist — Quarterly Grantee: Grant #: Section 11. Project period (September 1, 2013-August 31, 2014) Please verify that each of the tasks below has been completed, if applicable, at the end of each reporting period. Have the person responsible for each task initial and date the applicable column when the task is completed. If the category is not applicable to your situation, write "N/A" in the Responsibility column. Do not submit the form until the end of the full grant period or when all activities have been completed. Initial a 7d date for applicable quarter. Category Responsibility Q1 a Q2 03 Q4 Performance Reports Financial Status Reports (FSR) Requests for Funds Grantee uses the TSLAC RFF form to request payments through the Grant (RFF) Management System (GMS) no more than once per month, and no Tess than once per quarter. (IV-C) Description (Contract Reference) Grantee submits the quarterly Performance Report to TSLAC by due date.(VII-A) Grantee submits the quarterly FSR to TSLAC by due date. (VII-B) Fiscal Changes Grantee submits any fiscal changes to the approved budget via GMS by July 15, 2014. (V-A) Programmatic Grantee submits any programmatic changes to approved application via Changes GMS by July 15, 2014. (V-B) Equipment Grantee complies with UGMS Part III, Subpart C, Sec. 32 (d)(3) requiring Inventory certain items of equipment to be maintained on inventory if the item's cost is between $500 and $1000. (VI-B) Grantee maintains records on all equipment/property with acquisition costs above the governing entity's capitalization level. (VI-D) Grantee follows UGMS Subpart C, Sec. 32 (e) for disposal of equipment/property. Audits For grant program -specific audits, Grantee submits a copy of all management letters issued by an auditor with the reporting package. Refer to UGMS Part IV, Subpart B, Sec.235 (c) for further requirements and deadlines. (VII-D) Acknowledgements Publicity relating to the grant award includes acknowledgement of the Institute of Museum and Library Science and the Texas State Library and Archives Commission. (VIII-F) Quarters — Q1 (9/1/13-11/30/13); due 12/31/2013; Q2 (12/1/13-2/28/14); due 3/31/2014; Q3 (3/1/14-5/31/14); due: 6/30/2014; Q4 (6/1/14-8/31/14); due 9/30/2014 Q1 reviewed by: Date Q2 reviewed by: Date Q3 reviewed by: Date Q4 reviewed by: Date TSLAC — Competitive Grants — rev. 812013 Grantee: FY 2014 Competitive Grant Contract Checklist — Quarterly Grant #: Section III: FY 2014 Grant Close Out Please verify that each of the tasks below has been completed, if applicable, at the end of the grant period. Have the person responsible for each task initial and date when the task is completed. If the category is not applicable to your situation, write "N/A" in the Responsibility column. Submit Sections II and III to TSLAC by October 31, 2014. Category Description (Contract Reference) Responsibility Initial Date Unexpended Funds & All encumbrances are liquidated or paid no later than October 15, 2014. (IV-F) Interest Acknowledgements Inventory FSR Checklist Records Retention All unexpended funds are returned to TSLAC with the Final FSR no later than October 31, 2014. (IV-G) Interest earned in excess of $100 is returned to TSLAC. (IV-G) All publicity and marketing materials created during the year relating to the grant program have been gathered and submitted to TSLAC. (VIII-F) The Equipment/Property Acquired Form is submitted by October 31, 2014, for all equipment/property purchased with grant funds during the year as listed in the EquipmentlProperty budget category. (VI-C) A biennial property inventory has been conducted; and the equipment property records have been reconciled with the physical inventory of equipment/property every two years. (VI-F) Do not submit to TSLAC. Grantee submits Final FSR once all grant funds had been expended and reimbursed, no later than October 31, 2014. (VII-B) Grantee submits all sections of the Grant Contract Checklist no later than October 31, 2014. (VII-C) Grantee maintains all records relating to this grant award through December 31, 2021. (VIII-H) Reviewed by: Date: --ol nr M&C Review ITY COUNCIL DATE: CODE: SUBJECT: GE D Page 1 of 2 Official site of the City of Fort Worth, Texas FORT WORTH COUNCIL ACTION: Approved on 2/19/2013 - Ordinance No. 20629-02-2013 2/19/2013 REFERENCE NO.: G TYPE: G-17819 NON - CONSENT LOG NAME: 84YRRSFY2013/014 PUBLIC HEARING: NO Authorize Application for and Acceptance of, if Awarded, a Grant from the Texas State Library and Archives Commission in the Amount Up to $75,000.00 for the Library Department's Year Round Reading Program, Authorize Execution of a Grant Agreement and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the application for and acceptance of, if awarded, a grant from the Texas State Library and Archives Commission for the Library Department's Year Round Reading Program, year September 1, 2013 through August 31, 2014 in the amount up to $75,000.00; 2. Authorize the execution of a Grant Agreement with the Texas State Library and Archives Commission relating to the grant; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount up to $75,000.00, upon receipt of the grant. DISCUSSION: The Texas State Library and Archives Commission Cooperation Grant Program provides funds for programs that promote and expand cooperative services for learning and access to information by developing collaborative public and private partnerships with other agencies and community -based partner organizations. The Fort Worth Library is eligible to apply for this grant because it is an accredited member of the Texas Library System and a participant in the statewide TexShare Library Consortium. The Library is applying for this grant to support a new literacy initiative that was unveiled on December 13, 2012, Year Round Reading. The program is intended to boost literacy rates, decrease school dropout rates and improve academic achievement by improving reading abilities of all ages. According to the 2010 Census, the City of Fort Worth has a population of 758,738 with 38.4 percent being under the age of 18. One in five adults in Fort Worth cannot read above the fourth grade level, according to the Tarrant Literacy Coalition. The Texas Tribune's Public Education Explorer lists Fort Worth Independent School District (FWISD) High School dropout rate at 5.3 percent (state average: 2.9 percent) and 35 percent of FWISD students failed to pass the TAKS test in 2010. The Library's Year Round Reading Program will help Fort Worth face these challenges by pulling together the resources of multiple community groups. The program is a collaboration partnership that brings together libraries, schools, businesses and community organizations in a united effort to provide these educational opportunities to the Fort Worth and Tarrant County community. Current partners include Botanical Institute of Texas (BRIT), Amon Carter Museum, Fort Worth Chamber of Commerce, Girls Inc. of Tarrant County, John Peter Smith County Hospital, Log Cabin Village, Red Oak Foundation, Tarrant County Literacy Coalition and United Way of Tarrant County. If the grant is awarded, funds will contribute to the underwriting of the Library's Year Round Reading Program by funding operating costs such as educational programs http://apps.cfwnet.org/council packet/mc review.asp'?1D=18014&councildate=2/19/2013 9/9/2013 M&C Review and supplies as well as community and media communications to promote the program. The grant is for State Fiscal Year September 1, 2013 through August 31, 2014. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services 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 operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers 3) GR76 451458 084308627000 $75.000.00 3) GR76 5 (VARIOUS) 084308627010 $75.000.00 Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS 84YRRSFY2013 014 A013.doc FROM Fund/Account/Centers Charles Daniels (6199) Gleniece Robinson (7706) Adam Wright (8522) Page 2 of 2 http://apps.cfwnet.org/councilpacket/me_review.asp?ID=18014&councildate=2/19/2013 9/9/2013