HomeMy WebLinkAboutContract 58343 CSC No. 58343
TEXAS STATE LIBRARY&ARCHIVES COMMISSION
TEXTREASURES GRANT PROGRAM
Grant Number: TXT-23004
L CONTRACTING PARTIES
Grantor: Texas State Library and Archives Commission(TSLAC)
Subrecipient: City of Fort Worth,Fort Worth Public Library
500 W 3rd St
Fort Worth,TX 76102-7305
Federal Unique Entity ID:ENS6MKS1ZL18
II. TERM OF GRANT
September 1,2022,through August 31,2023(State Fiscal Year(SFY)2023)
III. STATEMENT OF SERVICES TO BE PERFORMED
Subrecipient shall provide services as outlined in the grant application(TexTreasures Grant for SFY 2023) as approved by TSLAC.
Grant funds must be used to meet TSLAC and Federal goals.The Subrecipient must report information relating to best practices and
performance outcomes during the period of this contract.The approved grant application submitted by Subrecipient 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: $24,920.00. Indirect costs, as included in the total amount awarded, shall not
exceed 0.000 or$ 0.00 as indicated in the budget below.
B. Source of funds:
Institute of Museum and Library Services(IMLS)
Assistance Listing Number/Title:45.310 Grants to States
Federal Award Identification#:LS-252486-OLS-22;Federal Award Date:April 8,2022
C. The Subrecipient is restricted to one of two methods for requesting funds from TSLAC.The Subrecipient may request reimbursement
of actual and allowable expenditures for the Subrecipient's normal billing cycle,or advance payment for estimated and allowable
expenditures to be incurred in the 30-day period following the request.Only Subrecipients providing documentation to demonstrate
a lack of sufficient working capital and the ability to minimize the time elapsing between transfer of funds from TSLAC and
disbursement of grant funds will be allowed to request advance payments.
D. The Subrecipient must request payments from TSLAC using TSLAC's Request for Funds form(RFF)via TSLAC's online Grant
Management System(GMS),located at https://grants.tsl.texas.gov.Requests may be submitted to TSLAC no more often than once
every 30 days,and no less often than once per quarter.Funds will be processed and paid to the Subrecipient provided TSLAC has
received a fully executed contract,and Subrecipient has fulfilled all reporting and training requirements for current and preceding
contracts and submitted supporting documentation with the RFF.
E. When submitting an RFF for reimbursement, the Subrecipient must provide TSLAC with supporting documentation, such as
receipts,paid invoices,time sheets,and/or pay stubs to support the amount requested before payment will be processed.
F. The Subrecipient may not obligate or encumber grant funds after July 31,2023. Subrecipient must submit the final request for
reimbursement no later than August 1,2023.All supporting documentation must be submitted no later than August 31,2023.
Requests or documentation received after the deadline(s)will generally be declined but may be considered on a case-by-case
basis if the request does not create an undue burden on TSLAC business operations and Subrecipient demonstrates good cause
for missing the deadline(s)(i.e.,the reason for missing the deadline is due to no unreasonable delay or fault of Subrecipient).
G. If the Subrecipient does not expend funds on a regular basis and/or provide notice relating to unexpended funds by May 31,
2023,TSLAC reserves the right to act as necessary to reduce any unexpended balances,including reducing the amount specified
in Section IV.A.above.
H. Interest earned in excess of$500 on advanced funds must be returned to TSLAC per requirements in the State of Texas Grant
Management Standards(TxGMS).All unexpended grant funds must be returned to TSLAC per requirements in TxGMS.
I. Per the approved grant application,funds are authorized according to the following budget:
Salaries/Wages/Benefits $ 0.00
Travel $ 0.00
Equipment $ 0.00
Supplies/Materials $ 100.00
Services $24,820.00 OFFICIAL RECORD
Consultant Fees $ 0.00 CITY SECRETARY
Indirect Costs $ 0.00
Total $245920.00 FT. WORTH, TX
SFY 2023 TexTreasures Grant—TXT-23004 1 of 6 TSLAC
SFY 2023 TexTreasures Grant—TXT-23004 2 of 6 TSLAC
REQUEST FOR FISCAL AND PROGRAMMATIC CHANGES
If the Subrecipient anticipates a need for a budget or program revision, Subrecipient must notify TSLAC and, if approved by TSLAC,
request a budget and/or program revision for fiscal and/or programmatic changes as outlined in this Section. Subrecipient must submit a
change request for budget and/or program revisions electronically on TSLAC's GMS.Under no condition may a Subrecipient request to
exceed the total grant amount.TSLAC must receive all change requests on or before June 15,2023.Requests received after this date will
generally be declined but may be considered on a case-by-case basis if extenuating circumstances exist. Subrecipient must submit a
budget and/or program change request to TSLAC before obligating or expending grant funds as follows:
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;
2. Transferring any funds into a budget cost category that currently equals zero($0);
3. Expending any program income earned through the utilization of resources funded by this grant;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;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.
V. EQUIPMENT AND PROPERTY REQUIREMENTS
A. If conditions described in Section V.A.1.are met,any fiscal change to items listed in the Equipment budget category specified in
Section IV.I.of this contract will require an approved Budget Revision before making the change. A fiscal change includes a change
in the cost of the equipment and/or property,and any cost necessary to put the item into service,including,but not limited to,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 should be included
in or excluded from the expenditure cost in accordance with the Subrecipient's regular accounting practices and Generally Accepted
Accounting Practices(GAAP). TSLAC will not advise Subrecipient on ancillary charges.
B. The Subrecipient will comply with TxGMS, Property Standards, Equipment, requiring certain items of equipment to be
maintained on inventory.
C. Equipment costing$5,000 or more per unit requires approval before purchase.In those instances,TSLAC will secure approval
from IMLS on behalf of the Subrecipient and inform Subrecipient of approval once received.
D. Subject to the obligations and conditions set forth in TxGMS,title to equipment acquired under a grant will vest in the Subrecipient
upon acquisition. Subrecipient must include any equipment/property acquired with grant funds in the required biennial property
inventory and follow the TxGMS requirement that the Subrecipient 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 TSLAC but must be
maintained by the Subrecipient and will be subject to review and/or audit by TSLAC.When property is vested in the Subrecipient,
Subrecipient will dispose of equipment/property in accordance with TxGMS. When the Subrecipient has been given federally or
state-owned equipment/property,Subrecipient will follow the guidance as set forth in TxGMS.
VI. REPORTING REQUIREMENTS
The State Legislature has charged TSLAC with submitting performance measurement reports that specify the level of services provided by
its programs and services.In accepting these grant funds,the Subrecipient acknowledges responsibility for performing certain services on
behalf of TSLAC,as outlined in the approved grant application.Therefore,the Subrecipient is responsible for submitting periodic reports
that reflect the Subrecipient's level of performance on these services to TSLAC.To comply with these requirements,the Subrecipient agrees
to submit reports that are timely,accurate,auditable,and consistent with definitions.
A. The Subrecipient agrees to develop or revise, as necessary, any specific written documentation of its current procedures for(1)
collecting and reporting performance measures;(2)conducting a fixed asset inventory;and/or,(3)any other issues identified in the
Subrecipient's grant activities or internal audit. Drafts of this procedural documentation will be submitted to TSLAC by dates
established mutually between TSLAC and Subrecipient.TSLAC will provide review and guidance to enable final versions to be
approved on or before established deadlines
B. The Subrecipient 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.Subrecipient 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. LBB measures
may include the numbers of. a) books and other materials purchased with grant funds; b) persons provided grant-sponsored
services;and/or c)library staff trained or assisted in order to carry out the grant-funded activities.
SFY 2023 TexTreasures Grant—TXT-23004 3 of 6 TSLAC
Reporting Period Due Date
Q1(September 1,2022-November 30,2022) December 7,2022
Q2(December 1,2022-February 28,2023) March 7,2023
Q3(March 1,2023-May 31,2023) June 7,2023
Q4(June 1,2023-August 31,2023) September 7,2023
C. The Subrecipient will ensure that all fiscal reports or vouchers requesting payment under this agreement will include a
certification, signed by an official who is authorized to legally bind the Subrecipient,that the reports are true, complete, and
accurate, and the expenditures,disbursements,and cash receipts are for the purposes and objectives set forth in the terms and
conditions of the award.The Subrecipient acknowledges that any false,fictitious,or fraudulent information,or the omission of
any material fact,may subject the signing official to criminal,civil or administrative penalties for fraud,false statements,false
claims,or otherwise.(2 CFR§200.415(a))
D. The Subrecipient agrees to submit an audit certification form for the auditable period including August 31,2023,to TSLAC no
later than December 31,2023,or other deadline as specified by TSLAC.
E. If a single audit is required,the Subrecipient will comply with the Supercircular(2 CFR§200.512 Report Submission).The audit
shall be completed and the required data collection form submitted to the Federal Audit Clearinghouse(FAC)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.
F. TSLAC reserves the right to withhold final payment on this Grant until all required reports and forms are received.
VII. GENERAL TERMS AND CONDITIONS
A. The Subrecipient will comply with the TexTreasures Grant Program Guidelines for SFY 2023.
B. The Subrecipient will comply with the Rules for Administering the TexTreasures Grant,Texas Administrative Code(TAC),Title
13,Part 1,Chapter 2,Subchapter C,Division 4,Rules 2.410-2.412;and Title 13,Pail 1,Chapter 2,Subchapter C,Division 1,
Rules 2.110-2.119 regarding General Grant Guidelines.
C. The Subrecipient will comply with all applicable federal and state laws and any other requirements relevant to the performance of
Subrecipient under this contract,including the following rules and guidance as applicable:
1. Texas Grant Management Standards(TxGMS)(https.Ilcomptroller.texas.gov/purchasing/grant-management;and
2. Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards(2 CFR§200 and§3187
(Supercircular))(https://federalregister.govlal2013-30465).
D. The Subrecipient may copyright any work that is subject to copyright and was developed,or for which ownership was acquired,
under a Federal award. Subrecipient understands that IMLS and TSLAC reserve a royalty-free,nonexclusive and irrevocable right
to reproduce,publish or otherwise use the work for Federal or state government purposes,and to authorize others to do so.(2 CFR
§200.315)
E. All publicity relating to the grant award must include acknowledgment of the Institute of Museum and Library Services
(wwiv.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
Subrecipient's website,and materials distributed through the grant project.The Subrecipient will provide TSLAC with one set of
all public relations materials produced under this grant with the final quarterly performance report.
F. Subrecipients 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,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 0) the
requirements of any other nondiscrimination statute(s)that may apply to the application.
G. Subrecipient understands that acceptance of funds under this contract acts as acceptance of the authority of duly authorized
representatives of TSLAC, IMLS,the Comptroller General of the United States, and the Texas State Auditor's Office, or any
successor agencies,to conduct an audit or investigation in connection with those funds. Subrecipient further agrees to cooperate
fully with said representatives in the conduct of the audit or investigation and agrees to provide access to all books, documents,
papers, examinations, excerpts,transcripts, copies, and any other records necessary to conduct the audit and/or investigation.
Subrecipient will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through
Subrecipient, and the requirement to cooperate, is included in the contract for any sub-grant awarded. The Subrecipient also
represents and warrants that it will comply with Texas Government Code, §321.022, which requires that suspected fi•aud and
unlawful conduct be reported to the Texas State Auditor's Office.
SFY 2023 TexTreasures Grant-TXT-23004 4 of TSLAC
H. The Subrecipient, if a private entity, will comply with Federal law pertaining to trafficking in persons. Subrecipient and its
employees may not:
1. Engage in severe forms of trafficking in persons during the period of time that the award is in effect;
2. Procure a commercial sex act during the period of time that the award is in effect;or
3. Use forced labor in the performance of the award or subawards under the award
I. The Subrecipient 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 2018-2022
is submitted(anticipated date of submission is January 29,2024).This means the Subrecipient must maintain all grant-related
records through January 29, 2027. In addition, Subrecipients that operate as state agencies must comply with (Texas
Government Code,§441.1855),relating to state agency contracting and the retention of all contract-related documents.
In the event the Subrecipient or receiving entity ceases to exist,the Subrecipient will notify TSLAC in writing providing the
name of the legal entity that will maintain the records and the location of the records.
J. 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 Subrecipient shall:
1. Take immediate steps to bring the work or grant activities to a close in a prompt and orderly manner.Subrecipient 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 TSLAC according to processes established in
Section IV.H.of this document and according to a timeline mutually agreed upon by both parties.
K. Loss of all of Subrecipient's staff prior to the end of the grant period or the termination date,whichever is earlier,does not relieve
the Subrecipient of its obligation 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.
L. The parties agree that no provision of this contract is in any way intended to constitute a waiver by TSLAC or the State of Texas of
any immunities from suit or from liability that TSLAC or the State of Texas may have by operation of law.
M. The dispute resolution process provided in Texas Government Code,Chapter 2009,is available to the parties to resolve any dispute
arising under the agreement.
VIII. ENFORCEMENT
A. Remedies for noncompliance.If a Subrecipient materially fails to comply with any term of the contract,whether stated in a state
or federal statute or regulation,an assurance in a state plan or application,a notice of award,or elsewhere,TSLAC 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 Subrecipient,or more severe enforcement
action by TSLAC;
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 contract for the Subrecipient'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,TSLAC will provide the Subrecipient an opportunity for such hearing,appeal,
or other administrative proceeding to which the Subrecipient is entitled under any statute or regulation applicable to the action
involved.Appeal/protest procedures are outlined in the Texas Administrative Code(TAC),Title 13,Part 1,Chapter 2,Subchapter
A,Rule 2.55.
C. Effects of suspension and termination. Costs to Subrecipient resulting from obligations incurred by the Subrecipient during a
suspension or after termination of an award are not allowable unless TSLAC expressly authorizes them in writing. Other
Subrecipient costs incurred during suspension or after termination that are necessary and not reasonably avoidable are allowable
if.
1. The costs relate to obligations that were properly incurred by the Subrecipient before the effective date of suspension or
termination and were not incurred in anticipation of suspension or termination,and,in the case of a termination,the costs
are noncancelable;and,
2. The costs would be allowable if the award were not suspended or expired normally at the end of the funding period in which
the termination takes effect.
D. Relationship to Debarment and Suspension—The enforcement remedies identified in this section, including suspension and
termination,do not preclude Subrecipient from being subject to"Debarment and Suspension"under Executive Order 12549(See
TxGMS,Appendix 6,Debarment and Suspension)and state law.
SFY 2023 TexTreasures Grant—TXT-23004 5 of 6 TSLAC
IX. CONTACTS AT TSLAC
Questions or concerns about programmatic issues, budget and/or program revisions, performance reports, and equipment/property
should be directed to:
Bethany Wilson,Grants Administrator
Phone:512-463-5527/Fax:512-936-2306
E-mail:bwilson(&tsl.texas.gov
Questions or documentation relating to requests for funds,payments,and financial status should be directed to:
Arturo Villarreal,Grants Accountant
Phone:512-463-5472/Fax:512-475-0185
E-mail:grants.accountinp—tsl.texas.gov
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:rcannonatsl.texas.gov
Payments from Subrecipient to TSLAC,such as refunds and those for excess advanced funds or for interest earned on advanced funds,
should be mailed to the following address with 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
X. 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.TSLAC may reduce or terminate this grant contract when the availability
of funding is reduced or eliminated.
XI. GRANT CERTIFICATIONS
A. TSLAC 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 Govermnent Code§441.135;
Texas Administrative Code,Title 13,Part 1,Chapter 2,Subchapter C,Division 4,Rules 2.410-2.412 regarding the TexTreasures
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 TxGMS.
B. The Subrecipient certifies that all costs included in this grant award are properly allocable to federal awards on the basis of a
beneficial or causal relationship between the expenses incurred and the agreements to which they are allocated in accordance with
applicable requirements.
C. The Subrecipient certifies that the same costs that have been treated as indirect costs have not been claimed as direct costs.Similar
types of costs have been accounted for consistently, and the negotiating agency will be notified of any accounting changes that
would affect the predetermined rate.
D. For any agreement exceeding$100,000,the Subrecipient certifies that no federal appropriated funds have been paid or will be paid,
by or on behalf of the Subrecipient,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 on its behalf 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 non-federal funds are used by Subrecipient to conduct
such lobbying activities,the Subrecipient shall promptly file the prescribed disclosure forme.The Subrecipient acknowledges and
agrees that it is responsible for ensuring that each Subrecipient and subcontractor certifies its compliance with the expenditure
prohibition and the declaration requirement in compliance with 31 U.S.C.§1352.
E. Subrecipient has provided to TSLAC 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.Subrecipient agrees to collect,as required
and appropriate,Certification forms from all libraries receiving benefits of Federal funds expended under this contract.
F. Subrecipient certifies that neither subrecipient nor any of its principals(a)are presently excluded or disqualified;(b)have been
convicted within the preceding three years of any of the offenses listed in 2 CFR§180.800(a)or had a civil judgment rendered
against it or them for one of those offenses within that time period;(c)are presently indicted for or otherwise criminally or civilly
charged by a governmental entity(Federal,State,or local)with commission of any of the offenses listed in 2 CFR§180.800(a);
SFY 2023 TexTreasures Grant—TXT-23004 6 of 6 TSLAC
or(d)have had one or more public transactions(Federal,State,or local)terminated within the preceding three years for cause or
default.Where the Subrecipient is unable to certify to any of the statements in this certification,the Subrecipient shall attach an
explanation to these Certifications.
G. The Subrecipient 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(TxGMS,Appendix 6,Uniform Assurances by Local Governments),The Subrecipient hereby represents
and warrants its compliance with all applicable required assurances.
I. The Subrecipient certifies that it will comply with drug-free workplace requirements in Subpart B of 2 CFR 3186,which adopts
the government-wide implementation(2 CFR 182)of Sections 5152-515 of the Drug-Free Workplace Act of 1988 (P.L. 100-
690,Title V,Subtitle D;41 U.S.C.§§701-707).This includes,but is not limited to:making a good faith effort,on a continuing
basis,to maintain a drug-free workplace;publishing a drug-free workplace statement;establishing a drug-free awareness program
for employees; taking actions concerning employees who are convicted of violating drug statutes in the workplace; and
identifying(either at the time of application or upon award,or in documents kept on file in the recipient's offices) all known
workplaces under Federal awards.
J. The Subrecipient represents and warrants that it will comply,and assure compliance of all its subrecipients and contractors,with
all applicable federal and state laws,rules,regulations,and policies in effect or hereafter established.In addition, Subrecipient
represents and warrants that it will comply with all requirements imposed by the awarding agency concerning special
requirements of law, program requirements, and other administrative requirements. In instances where multiple requirements
apply to Subrecipient,the more restrictive requirement applies.
K. The Subrecipient represents and warrants its compliance with Texas Government Code,§2054.5191,relating to the cybersecurity
training program for local government employees who have access to a local government computer system or database.
L. The Subrecipient represents and warrants its compliance with 2 CFR §200.113, which requires the disclosure in writing of
violations of federal criminal law involving fraud, bribery, and gratuity and the reporting of certain civil, criminal, or
administrative proceedings to SAM.
M. The Subrecipient represents and warrants that it will comply with Texas Government Code, §2252.906,relating to disclosure
protections for certain charitable organizations,charitable trusts,and private foundations.
N. In accordance with Texas Government Code, §669.003, relating to contracting with the executive head of a state agency,
Subrecipient certifies that it is not(1)the executive head of TSLAC,(2)a person who at any time during the four years before
the date of the contract or grant was the executive head of TSLAC,or(3)a person who employs a current or former executive
head of TSLAC.
O. The Subrecipient represents that it possesses legal authority to apply for the grant. A resolution,motion or similar action has been
duly adopted or passed as an official act of Subrecipient's governing body,authorizing the filing of the agreement, including all
understandings and assurances contained therein,and directing and authorizing the person identified as the official representative,
or the designee of Subrecipient to act in connection with the agreement to provide such additional information as may be required.
P. The Subrecipient represents and warrants that TSLAC's payments to Subrecipient and Subrecipient's receipt of funds under the
contract or grant are not prohibited by Texas Government Code,§§403.1067 or 556.0055,which restrict lobbying expenditures.
Q. The Subrecipient represents and warrants that performance under the contract or grant will not constitute an actual or potential
conflict of interest or reasonably create an appearance of impropriety. The Subrecipient has not given,or offered to give,nor does
Subrecipient intend to give at any time hereafter,any economic opportunity,future employment,gift,loan,gratuity,special discount,
trip,favor,or service to a public servant or employee of TSLAC,at any time during the negotiation of this contract or in connection
with this contract,except as allowed under relevant state or federal law.Further,the Subrecipient represents and warrants that in the
administration of the grant,it will comply with all conflict of interest prohibitions and disclosure requirements required by applicable
law,rules,and policies,including Chapter 176 of the Texas Local Government Code. If circumstances change during the course of
the contract or grant, Subrecipient shall promptly notify TSLAC. The Subrecipient will establish safeguards to prohibit its
employees from using their positions for a purpose that constitutes or presents the appearance of a personal or organizational conflict
of interest or personal gain.The Subrecipient will operate with complete independence and objectivity without an actual,potential
or apparent conflict of interest with respect to its performance under this contract. The Subrecipient must disclose,in writing,within
fifteen(15)calendar days of discovery,any existing or potential conflicts of interest relative to its performance under this contract.
The Subrecipient represents and warrants its compliance with the Federal awarding agency's conflict of interest policies in
accordance with 2 CFR§200.112.
SFY 2023 TexTreasures Grant—TXT-23004 7 of 6 TSLAC
XIII. SIGNATURES
The Undersigned hereby execute this contract.
GRANTOR SUBRECIPIENT
Texas State Library and Archives Commission City of Fort Worth,Fort Worth Public Library
Glorlc;' Meraz
Gloria Meraz(Oct 28,2022 16:04 CDT)
Gloria Meraz,Director and Librarian Signature(official empowered to enter into contracts)
Oct 28, 2022 Jesica McEachern
Date Typewritten or Printed Name
— 43_4�,A'_, aa Assistant City Manager
Donna Osborne,Chief Financial Officer Title
Oct 5, 2022
Date Date
)j
Sarah Jacobson,Library Development and Nehvorking Director
Date
� 7 V
Bethany Wilson,Grants Administrator
Date
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
SPY 2023 TexTreasures Grant—TXT-23004 8 of6 TSLAC
IN WITNESS WHEREOF, the patties hereto have executed this Agreement in multiples this
os day of October 2022
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
By: this contract, including ensuring all performance and
Jesica L. McEachern reporting requirements.
Acting Assistant City Manager
Date: OCt 5, 2022
By: I
Timothy Shidal
APPROVAL RECOMMENDED: Contract Compliance Manager
n
�py� APPROVED AS TO FORM AND LEGALITY:
By: -
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Manya Shorr �'
Library Director By:
Jessika J. Williams
ATTEST: Assistant City Attorney
Ordinance No.24161-04-2020
„7�5. CiUt/�iiCG CONTRACT AUTHORIZATION:
By: Jannette S.Goodall(oc 5,2022 21:29 CDT) M&C: 22-0729
Jannette Goodall
City Secretary
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 09/27/22 M&C FILE NUMBER: M&C 22-0729
LOG NAME: 84TEXTREASURES GRANT FY2023
SUBJECT
(ALL) Ratify Application for and Authorize Acceptance of, if Awarded, the Fiscal Year
2023 TexTreasures Grant from the Texas State Library and Archives Commission in the Amount Up
to $25,000.00 for the Purpose of Funding the Digitization of the Fort Worth Press Newspaper
Microfilm Collection, Authorize Execution of Related Grant Agreement, and Adopt Attached
Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Ratify the application for and authorize the acceptance of, if awarded, the Fiscal Year
2023 TexTreasures Grant from the Texas State Library and Archives Commission, in the
amount up to $25,000.00 for the purpose of funding the digitization of the Fort Worth Press
newspaper microfilm collection;
2. Authorize the execution of a related grant agreement with the Texas State Library and
Archives Commission; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and
appropriations in the Grants Operating Federal Fund, subject to receipt of the grant, in the
amount up to $25,000.00.
DISCUSSION:
The Texas State Library and Archives Commission provides a competitive TexTreasures grant
designed to help public libraries make their special collections more accessible for the people of
Texas and beyond. The Fort Worth Public Library applied for this grant in an amount up to
$25,000.00 to fund the digitization of the Fort Worth Press newspaper microfilm collection currently
housed at the Central Library. The newspaper, published from 1921-1975, documents a
significant portion of history for Fort Worth and is of vital historical importance to the Library's
collection. Researchers of local, state, and national history request the Fort Worth Press more
frequently than any other microfilm resource at the Fort Worth Public Library. They include
journalists, professional and avocational historians, academic researchers, and those who seek to
learn more about a person or event they recall.
The Library previously partnered with University of North Texas Digital Libraries and Portal to Texas
History (PTH) on other successful digitization projects. The Library will partner with them again to
digitize the Fort Worth Press newspaper from microfilm and index the content. The searchable
digital version will be made available to the public via the university's PTH as a collection of the
Texas Digital Newspaper Project (TDNP). Making the Fort Worth Press available on the PTH will
be of great value to those who are interested in the history of Fort Worth. The PTH is a free public
resource, and is available to anyone with an internet connected device 24/7, 365 days a year,
which is an incalculable increase availability to researchers.
The extent of the collection to be digitized is 328 reels of microfilm but the cost to digitize exceeds
the $25,000.00 limit of this grant. A portion of the collection, issues of the Fort Worth Press from
1921-1932, were selected for this grant because these microfilm reels are the most fragile. The
Library intends to apply for this grant again in two subsequent TexTreasures grant cycles to
complete digitization of the remainder of the microfilm collection to the extent allowable by
copyright.
The Library will promote the new collection on the Library's website, social media channels and the
City of Fort Worth News. In addition, the information for accessing the new collection will be
provided to local school districts, charter schools, home school organizations, and local
universities.
There are no indirect costs since payroll expenditures are not part of the grant award.
A Form 1295 is not required because: This contract will be with a governmental entity, state agency
or public institution of higher education: Texas State Library and Archives Commission
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption
of the appropriation ordinance, funds will be available in the current operating budget, as
appropriated in the Grants Operating Federal Fund. The Library Department (and Financial
Managment Services)will be responsible for the collection and deposit of funds due to the City.
Prior to an expenditure being incurred, the Library Department has the responsibility to validate the
availability of funds. This is a reimbursement grant.
Submitted for City Manager's Office by: Jesica McEachern 5804
Originating Business Unit Head: Manya Shorr 7706
Additional Information Contact: Marilyn Marvin 7708