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HomeMy WebLinkAboutContract 29584 4 CITY SECRETARY V4 ACT NO. TEXAS STATE LIBRARY & ARCHIVES COMMISSION LOAN STAR LIBRARIES GRANT Grant Type A - $50,000 and Over Grant # 442-04172 C�osm Nt I. CONTRACTING PARTIES Grantor: Texas State Library and Archives Commission (TSLAC) Grantee: City of Fort Worth, Fort Worth Public Library 500 W 3rd St Fort Worth, Texas 76102 II. TERM OF GRANT September 1, 2003, to August 31, 2004 111. GRANTOR CERTIFICATION The Grantor certifies that (1) the services specified below 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 § 441.0091 et. seq., Grant Program for Local Libraries; Texas Government Code § 441.006, General Powers and Duties; and, the Uniform Grant Management Standards (UGMS). IV. GRANT AMOUNTS A. The total amount of the grant shall not exceed: $70,736 IF E B 2 0 0 0 4 ­111,11 K Source of funds: General Revenue ACCOU State Fiscal Year 2004 TSLAC's accountim,,codes- Index Code 24411 Object Code 7611 Fiscal Year 2004 Loan Star Libraries Grant C. Budget: Personnel Fringe Benefits Equipment/Property Supplies $43,000 Contractual $22,736 Other $5,000 Total $70,736 These budget categories are defined in UGMS Section 11, Attachment B and in the Loan Star Libraries Award Letter Packet. V. WRITTEN PRIOR APPROVALS FOR FISCAL AND PROGRAMMATIC CHANGES A. The Grantor must give written prior approval for any of the following fiscal changes: I Making cumulative transfers among budget cost categories or projects which are expected to exceed ten (10)percent of the total grant. 2. Transferring any funds into a budget cost category that currently equals zero (SO). Written prior approval is to be requested on the Loan Star Libraries Grant Program Revision Form and shall be requested when nearing the 10% limit, or within 30 days of the end of the grant term. This provision does not allow the total grant amount to be exceeded. All prior approvals must be requested by August 2, 2004. Approvals received after this date will be considered on a case-by-case basis. B. The Grantor must give written prior approval for any of the following programmatic changes to the application (Loan Star Libraries Grants Plan of Action for State Fiscal Year 2004). 1. Changing key persons specified in the grant; however, none of the personnel are considered key personnel for the purpose of this section. 1 Obtaining the services of a third party to perform activities that are central to the purposes of the grant. 1 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. Written prior approval is to be requested on the Loan Star Libraries Grant Program Revision Form. All prior approvals must be received by Grantor on or before August 2, 2004, Approvals received after this date will be considered on a case-by-case basis. Fiscal Year 2004 Page 2 of 8 Loan Star Libraries Grant The Grantor hereby gives prior approval for the items specified under the cost categories outlined below, if any. Before the Grantee obligates or expends grant funds for additional items in the following cost categories, the Grantor must give written prior approval. Written prior approval is to be requested on the Program Revision form. Written prior approval is also required if an item's cost or features are substantially different from what the grant specifies, or from a previous Program Revision. All Program Revision forms must be received by Grantor on or before August 2, 2004. Approvals received after this date will be considered on a case- by-case basis. COST CATEGORIES 1. Preaward Costs None 2. Insurance (if not required by the grant) None 3. Rearrangements and Alterations of Facilities None 4. Equipment/Propert None Subject to the obligations and conditions set forth in Uniform Grant Management Standards (UGMS) Section 111, Subpart C.32 (a), title to equipment acquired under a grant will vest upon acquisition in the Grantee. The Grantee must include any Equipment/Property acquired with grant funds in the required bi-annual property inventory, and follow UGMS guidelines for property disposal. Equipment/property is hereby defined as an article of nonexpendable, tangible personal property having a useful life of more than one year and an acquisition cost that equals or exceeds the capitalization amount established by Grantee's governing entity. Grantee must furnish a statement to Grantor certifying the governing entity's capitalization level with a Prior Approval Request Form. This category includes equipment, furniture, library materials, etc., purchased wholly or in part with grant funds. The prior approval amount is the total capital expenditure amount, which is defined as the cost of the equipment and /or property, including any cost necessary to put the item into service, such as the cost of any modifications, attachments, accessories, or auxiliary apparatus necessary to make the item usable for the purpose for which it is acquired. Ancillary charges, such as taxes, duty, protective in transit insurance, freight, and installation may be included in, or excluded from, capital expenditure cost in accordance with the Grantee's regular accounting practices. VI. STATEMENT OF SERVICES TO BE PERFORINIED The Grantee will comply during the period of this contract and provide services outlined within the , , - - grant application (Loan Star Libraries Grants Plan of Action for SF 2004) 4&,aTTTqV dd fi� tfic', Grantor, Fiscal Year 2004 gage 3'of 8 Loan Star Libraries Grant VII. TERMS AND CONDITIONS A. The Grantee will comply with the Loan Star Libraries Administrative Rules for SFY 2004. Note that per 2.165(c) of the Rules, assurances relating to non-resident fees or TexShare Library Card Program are in effect for entire term of grant contract. B. The Grantee acknowledges that the intent of the grant is to provide funds to maintain, improve, and enhance local library services, and to provide Texans who are not residents of a particular local community access to and services from the many participating public libraries in Texas. C. The Grantee will comply with the Rules for Administering the Library Systems Act. Note that Grantee must continue to meet system membership requirements to be eligible for future grants, per Texas Government Code 441.138(c). D. The Grantee will comply with the following three parts of the Governor's Office of Budget and Planning Uniform Grant Management Standards (UGMS), revised January 2001, located at http://www.governor.state.I.Y.tisldivisionslstategrantslguidelinesTileslUGMSOI 200 1.doe. 1. Cost Principles for State and Local Governments and Other Affected Entities (adapted from OMB Circular A-87) 2. State Uniform Administrative Requirement for Grants and Cooperative Agreements (adapted from OMB Circular A-102) 3. State of Texas Single Audit Circular (adapted from OMB Circular A-133) E. The Grantee will send the Grantor a copy of any management letters issued by the auditor with the reporting package (or written notification, as applicable). The audit's Schedule of Expenditures of ederal and State Awards will list the amount of awards expended for each award year separately. F. The Grantee may not obligate grant funds after August 31, 2004. By October 15, 2004, all obligations must be liquidated. Final request for advance must be received by Grantor on or before August 2, 2004. Any interest accrued above $100 must be returned to Grantor, per requirements in UGMS. Final request for reimbursement must be received by Grantor no later than October 15, 2004. All unexpended funds less than $25 should be retained by the Grantee. If unexpended funds are above $25, the entire amount must be returned by the Grantor along with the final Financial Status Report due November 15, 2004. G. The Grantee will add any program income to the funds committed to the grant, using such program income for the purposes and under the conditions of the grant. The source and amount of the program income must be explained in box 12 of the Financial Status Report. H. All publicity relating to the grant award must include acknowledgement of the Texas State Z:�, Library and Archives Commission whenever possible and practical. Publicity includes, but is not limited to press releases, media events, public events, displays in the library,announcements on the Grantee's website, and materials distributed through the grant pr9Ject-' The Grantee agrees to provide the Grantor with one (1) set of any public relations m4terials Fiscal Year 2004 Page 4 of 8 Loan Star Libraries Grant produced under this grant. I. The Grantee certifies by this contract that it will comply with the Assurances—Non- Construction Programs (OMB Standard Form 424B), the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, and the Certification Regarding Lobbying as submitted to the Grantor. Additional assurances are listed in UGMS, Subpart B.14. J. 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 sub agreements. K. The Grantee agrees to maintain records on all equipment/property with an acquisition cost that exceeds the governing entity's capitalization level. The Grantee will reconcile the equipment/property records with a physical inventory of the equipment/property every two years. The UGMS Subpart C, Sec. 32, (d) (3)requires certain items of equipment (stereo systems, still and video cameras, facsimile machines, VCRs and VCWTV combinations, and cellular and portable telephones) to be maintained on inventory if their cost is above $500, or if they could be easily lost or stolen. Subject to the obligations and conditions set forth in the UGMS Section 111, Subpart C, Sec. 32 (a), title to equipment acquired under a grant will vest upon acquisition in the Grantee. When property is vested in the Grantee, the Grantee will dispose of equipment/property in accordance with the UGMS Subpart C, Sec. 32, (e). L. The Grantee agrees to submit the Equipment/Property Acquired Form by October 29, 2004, for all equipment/property purchased during the current grant year. M. The State Legislature has charged the Grantor with submitting performance measurement reports that specify the level of services provided by its programs and services. The Grantee agrees to submit reports that are timely, accurate, auditable, and consistent with definitions. The Grantee agrees to submit the Loan Star Libraries Performance Report for Loan Star Libraries Grants q!!qqer11 according to the following schedule: Reporting Period Due Date September 1, 2003 —November 30, 21003 December 5, 2003 December 1, 2003 - February 29, 2004 March 5, 2004 March 1, 2004—May 31, 2004 June 7, 2004 June 1. 2004—August 31, 2004 September 6, 2004 If librat-v materials ordered with grant funds are received after the end of flh girnv' c y ar.. a'finial Loan Star Libraries Perfor mance Report may also be required coverim; t f ii:i I _ reecip o ose materials. This final Report will be due on or before November 15, 204: Fiscal Year 2004 Page 5 of 8 Loan Star Libraries Grant Note: Per Rule 2.165(e),future funds will not be awarded to a library until all requirements for all preceding contracts have been fulfilled. N. The Grantee agrees to submit the Loan Star Libraries Financial Status Report for this contract quarterly according to the following schedule: Reporting Period Due Date September 1, 2003 —November 30, 2003 December 29, 2003 December 1, 2003 —February 29, 2004 March 26, 2004 March 1, 2004—May 31, 2004 June 28, 2004 June 1, 2004—August 31, 2004 September 27, 2004 1. If necessary, a final Loan Star Libraries Financial Status Report is due on or before November 15, 2004. O. The Grantee is restricted to one of two methods for requesting funds from the Grantor. The Grantee may request an advance payment for estimated expenditures to be incurred for the upcoming 30 days, or request a reimbursement of the actual expenditures for the Grantee's normal billing cycle. The Grantee will request payment on the OMB Standard Form 270, Request for Advance or Reimbursement, using box 12 rather than box 11, if requesting funds in advance. Requests may be made monthly, quarterly or any other time period, but not more than once a month. To request funds, Form 270 is due to the Grantor by the 15`" of the month. If requesting a reimbursement, the funds will usually be received by the Grantee within 10 days after TSLAC receives request. If requesting an advance, the Grantee must follow procedures that minimize the time elapsing between the receipt and the disbursement of advanced grant funds. Requests for advance funds will be disbursed by the first working day of the advance period on the request, provided request forms are received by stated deadlines. P. The Grantee agrees to maintain all financial and programmatic records, supporting documents, statistical records, and other Grantee records according to Section 11, Subpart C.42, of UGMS. In general, Grantees must maintain records for a minimum of three years from the date the Grantee submits to Grantor the last single audit or audit report for the grant period. VIII. ENFORCEMENT A. Remedies for noncompliance. If a Grantee or Sub-grantee materially fails to comply with any term of an award,whether stated in a federal or state statute or regulaqon---m-assttfam-e-.-4n,-a-- state plan or application, a notice of award, or elsewhere, the awardini agency mAytake onej or more of the following actions, or impose other sanctions, as appropri4te in the c'ire,-4rns, Wcc1s'. (1) Temporarily withhold cash payments pending correction of the deficiency by the Grantee or Sub- grantee or more severe enforcement action by the awarding agency, Fiscal Year 2004 Page 6 of 8 Loan Star Libraries Grant (21) Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance; (3) Wholly or partly suspend or terminate the current award for the Grantee's or Sub-grantee's program; (4) Withhold further awards for the program; or (5) Take other remedies that may be legally available. B. Hearings, appeals. In taking an enforcement action, the awarding agency will provide the Grantee or Sub-grantee an opportunity for such hearing, appeal, or other administrative proceeding to which the Grantee or Sub-grantee is entitled under any statute or regulation applicable to the action involved. C. Effects of suspension and termination. Costs of Grantee or Sub-grantee resulting from obligations incurred by the Grantee or Sub-grantee during a suspension or after termination of an award are not allowable, unless the awarding agency expressly authorizes them in the notice of suspension or termination or subsequently. Other Grantee or Sub-grantee costs during suspension or after termination which are necessary, and not reasonably avoidable, are allowable if: (1) The costs result from obligations which were properly incurred by the Grantee or Sub-grantee before the effective date of suspension or termination, are not in anticipation of it, and, in the case of a termination, are noncancelable; and, (2) The costs would be allowable if the award were not suspended or expired normally at the end of the funding period in which the termination takes effect. D. Relationship to Debarment and Suspension. The enforcement remedies identified in this section, including suspension and termination, do not preclude Grantee or Sub-grantee from being subject to "Debarment and Suspension" under E.O. 12549 (see UGMS Section 111, Subpart C, Sec. 35) and state law. IX. CONTACTS AT TSLAC Questions or concerns about programmatic issues and Program Revision Requests should be directed to this grant's Project Manager: Wendy Clark Manager, Loan Star Libraries Program Phone: 512-463-5475 Fax: 512-463-8800 E-mail: wendy.clarkC.&Lsl.state.tx.us Fiscal Year 2004 _Page-7-a S" Loan Star Libraries Grant Questions or concerns about regulatory or financial issues should be directed to: Mar,; — Lopez Manager, Accounting and Grants Department Phone: 512-463-6626 Fax: 512-475-0185 E-mail: mlopez(a-)tsl.state.tx.us Fax reports to: Sandra Justice Grants Accountant Phone: 512-463-5472 Fax: 512-475-0185 E-mail: sj usticeCatsl.state.tx.us Payments to the Grantor, such as those for interest earned each quarter on advanced funds, should be mailed with an explanation of the purpose of the payment and the grant number to: Sandra Justice Grants Accountant Texas State Library and Archives Commission PO Box 12516 Austin, TX 78711-2516 X. APPLICABLE AND GOVERNING LAW A. This grant shall be governed by the laws of the State of Texas. All duties of either party shall be legally performable in Texas. The applicable law for any legal disputes arising out of this contract shall be the law of(and all actions hereunder shall be brought in) the State of Texas, and the forum and venue for such disputes shall be Travis County, District Court. B. This grant is subject to availability of funds. XI. SIGNATURES GRANTOR GRANTEE Texas State Library and Archives Commission ow-a-irfFort Worth; Public Library Edward Seidenberg, Assistant State Librarian Signature (Must be an official empowered to enter into contracts) 4_5 Date Typewritten or Printed Name kbxaf�z /h,-V't-35-E4_ Donna lb mg, Chief Fiscal Officer Title w6l"55 Date Date A' ATTESTED BY c on r a ct xuthor iVitkdn' Fiscal Year 2004 gage 8 of 8 i Loan Star Libraries Grant A Date ,tc City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/3/2004 - Ordinance No. 15860 DATE: Tuesday, February 03, 2004 LOG NAME: 84LONE STAR REFERENCE NO.: **C-19954 SUBJECT: Accept a Grant from the Texas State Library and Archives Commission for the Lone Star Libraries Program, Execute a Related Grant Agreement, and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to accept the Lone Star Libraries Grant for the Fort Worth Public Library in the amount of$70,736 from the Texas State Library and Archives Commission; and 2. Authorize the City Manager to execute a grant agreement with the Texas State Library and Archives Commission relating to such grant; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $70,736 in the Grants Fund upon receipt of the grant. DISCUSSION: The Texas State Library and Archives Commission proposes to grant $70,736 to the City of Fort Worth Public Library to provide for resource sharing and reciprocal borrowing among libraries. The Lone Star Libraries Program is designed to provide assistance to local communities in an effort to maintain, improve, and enhance local library services. The program allows Texans who are not residents of a particular community to use the services of that community's libraries. The City's non-resident fee will remain in effect. Specifically, grant funds will subsidize resources in four targeted areas: System-wide programming; and Continuing education; and Library materials; and Summer Reading program activities. The Fort Worth Public Library serves as the Major Resource Center for the North Texas Regional Library System under the Texas Library System Act, The grant is for the state fiscal year of September 1, 2003, through August 31, 2004. This is the third year the library will receive this grant, FISCAL INFORMATIONXERTIFICATION: The Finance Director certifies that upon approval of the above recommendations, receipt of the grant, and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Fund. Lo-name: 84LONE STAR Page I of 2 t� — TO Fund/Account/Centers FROM Fund/Account/Centers GR76 452458 084308916000 $70,736.00 GR76-VARIQU. �} 084308916�010 $ 36.00 Submitted for City Manager's Office hy- Libby Watson (6183) Originating Department Head: Gleniece Robinson (7706) Additional Information Contact: Wayne Gray (7797) Loaname: 84LONE STAR Page 2 of 2