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HomeMy WebLinkAboutContract 42432 r CITY SECRETARY TEXAS STATE LIBRARY&ARCHIVES COMMISSIOSOMACT INTERLIBRARY LOAN CENTER GRANT PROGRAM Grant Number: 771-12006 I. CONTRACTING PARTIES Grantor: Texas State Library and Archives Commission(TSLAC) Grantee: City of Fort Worth,Fort Worth Library 500 W.Third Street Fort Worth,Texas 76 102 II. TERM OF GRANT September 1,2011 to September 30,2011 (SFY 2012) III. STATEMENT OF SERVICES TO BE PERFORMED Grant-funded activities shall provide services outlined in the approved Interlibrary Loan Center (ILL) 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 (ILL Center Grant for State FY 12) as approved by the Grantor. The approved grant application submitted by Grantee becomes part of this contract by this reference. A. Grantor will reimburse Grantee for expenses incurred in the process of closing the TexNet Center. B. Grantee agrees,upon written request of Grantor,to participate fully in any special study,survey,or other research and testing that is designed to evaluate or improve ILL policies,procedures,or management. IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS 9ECEIVEE A. The total amount of the grant shall not exceed: $10,000 SEP 12 2011 B. Source of funds: Federal Funds,CFDA#45.310 ACCOUNTING Institute of Museum and Library Services,State Library Program(IMLS) Federal Fiscal Year 2011 C. The Grantee must request payments from Grantor using the TSLAC Request for Funds Form(RFF)via the electronic TSLAC Grant Management System(GMS),located at hops:I1 gms.tsl.state.tx.us_I. Requests may be submitted to Grantor no more often than once per month, and no less often than once per quarter. Funds will be paid to the Grantee provided Grantor has received a fully executed contract and Grantee has fulfilled all reporting requirements for current and preceding contracts. D. The Grantee is restricted to one of two methods for requesting funds from Grantor. The Grantee may request reimbursement of actual expenditures for the Grantee's normal billing cycle, or advance a ent for estimated expenditures to be incurred for the upcoming 30 days.Only Grantees that provide documentation to demonstrate a lack of sufficient working capital and the ability to minimize the time elapsing between transfer of funds from Grantor and disbursement of grant funds will be allowed to request advance payments. E. Payments of advance funds will be disbursed by the first working day of the advance period provided the RFF Form is received by Grantor no later than the 14''day of the previous month. Should excessive cash balances be maintained,grantee may be required to use the reimbursement process. F. The Grantee may not obligate or encumber grant funds after September 30, 2011. All obligations and encumbrances must be liquidated or paid no later than November 15,2011. G. Interest earned on advanced funds, in excess of$100,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 the Federal Grants Management Handbook. See Section VII. E. 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 these unexpended balances, including reducing the amount specified in Section N.A.of this contract. V. EQUIPMENT AND PROPERTY REQUIREMENTS A. Fiscal changes to items listed in the Equipment/Property budget category specified in Section IV.H.of this contract requires an executed Contract Amendment.This category includes equipment,furniture, library materials,etc.,purchase or in part with grant funds. The approved budget amount listed in Section IV.H. plus any sub seq ve Contract ndment will be the total approved equipment expenditure amount. This is defined as the cost of the e u 04 �, luding any cost necessary to put the item into service. such as the cost of any modifications. attach cessori �r apparatus necessary to make the item usable for the purpose t0r wh[ch it is acquired. Ancillary cha ee y. ro ctive in- transit insurance. freight.and installation may be included in.or excluded from the expen itur wi the Grantees regular accounting practices and Generally Accepted Accounting Practices(G P . 10-11 -11 A08 : 20 1 FY 2012 ILL Grant—30 Day Close Out 1 of 6 TSLAC r, B. 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 bi-annual inventory does not need to be submitted to Grantor,but must be maintained by the Grantee and will be subject to review by Grantor.When property is vested in the Grantee,Grantee will dispose of equipment/property in accordance with the UGMS Part III,Subpart C, Sec.32(e).When the Grantee has been given federally-or state-owned equipment/property,Grantee will follow the UGMS Part 111,Subpart C,Sec.32(f) VI. 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 ILL statistics to Grantor monthly. Grantee will maintain a record of each ILL request submitted to other libraries. B. The Grantee agrees to submit the Grant Checklist report form for the grant funded under this contract no later than October 31,2011. C. The Grantee agrees to submit electronically the TSLAC Financial Status Report Form, located on the TSLAC GMS, for the grant funded under this contract no later than the due dates listed in the following schedule.Grantee should submit a Final FSR once all grant funds have been expended and all program requirements are accomplished. Grantee should mark the last required FSR as "Final"and not submit any subsequent FSR forms. Reporting Period Due Date September 1,2011-September 30,2011 October 31,2011 If necessary,a revised Final FSR must be submitted no later than November 30,2012. Note:Grantee must contact the Grants Accountant listed in Section X of this contract in order to submit a revised FSR. 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 reports), 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 TexNet Center Policies Manual. B. The Grantee will comply with the Texas Administrative Code,Title 13,Part 1,Chapter 2,Subchapter C,Division 2,Rule 2.211 regarding the ILL Grant Program 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 parts of the Governor's Office of Budget and Planning,UGMS revised June 2004, located at: htW:llgovernor.state.tx.us ileslstate-grantslUGMS0b2004.doc. Part 1. Cost Principles for State and Local Governments and Other Affected Entities(Adapted from OMB Circular A-87) Part 11. State Uniform Administrative Requirements for Grants and Cooperative Agreements(Adapted from OMB Circulars A- 102 and A-122) Part III. State of Texas Single Audit Circular(Adapted from OMB Circular A-133) D. For grants funded with federal funds, the Grantee will also comply with the Office of Management and Budget(OMB)Circular A- 133, Audits of States, Local Governments, and Non-Profit Organizations (revised 6197), located at: http:11w w.whitehouse.govlomblrrantslgrants_circulars.html. E. The Grantee will comply with the MILS' 45 Code of Federal Regulations, Part 1183, Uniform Administrative Requirements for Grants and Cooperative Agreements to States and Local Governments(adapted from OMB Circular A-102). F. All publicity relating to the grant award must include acknowledgement of the Institute of Museum and Library Services http:llwww.imis.goi)Irecirentslacknoi4yledgement.shtm, and the Texas State Library and Archives Commission whenever possible and practical. Publicity includes, but is not limited to press releases, media events, public events, displays in the benefiting library, announcements on the Grantee's website,and materials distributed through the grant project. The Grantee will provide Grantor with one set of all public relations materials produced under this grant with the final ILL statistics. G. Grantee understands that acceptance of funds under this contract acts as acceptance of the au fate Auditor's Office, or any successor agency, to conduct an audit or investigation in connection w h those funds. her agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the and teff la"JAR, providing all records requested. Grantee will ensure that this clause concerning the authority to audit uUcaft0MVt1Fy Sub-grantees through Grantee,and the requirement to cooperate, is included in any sub-grant awarded. H. 'The Grantee agrees to maintain all financial and programmatic records supporting 7 docui ntTTatW� 9tdf,and ther records g p g pp g relating to this grant award for three years after the last State Program Report for the Texas - is submitted FY 2012 ILL Grant—30 Day Close Out 2 of 6 TSLAC } h i on December 31,2013. The Grantee will maintain their records through December 31,2016. In the event the Grantee entity no longer exists,the Grantee will notify the Grantor in writing the name of the legal entity that will maintain the records and the location of said records. I. The Grantee 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 Grantor's internal audit report of grant activities. Drafts of this procedural documentation will be submitted to Grantor by dates established mutually between Grantor and Grantee.Grantor will provide review and guidance to enable final versions to be approved on or before established deadlines. 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 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 (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, Grantor will provide the Grantee or Sub-grantee an opportunity for such hearing,appeal,or other administrative proceeding to which the Grantee or Sub-grantee is entitled under any statute or regulation applicable to the action involved. C. Effects of suspension and termination. Costs of Grantee or Sub-grantee resulting from obligations incurred by the Grantee or Sub-grantee during a suspension or after termination of an award are not allowable unless Grantor expressly authorizes them in the notice of suspension or termination, or subsequently. Other Grantee or Sub-grantee costs during suspension or after termination that are necessary,and not reasonably avoidable,are allowable if: 1. The costs resulting from obligations that 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 that the termination takes effect. D. Relationship to Debarment and Suspension. The enforcement remedies identified in this section, including suspension and _.,_ termination, do not preclude Grantee or Sub-grantee from being subject to"Debarment and Suspension" under Executive Order 12549(see UGMS Part III,Subpart C,Sec 35)and state law. X. CONTACTS AT TSLAC Questions or concerns about programmatic issues,budget and or program revisions and narrative reports should be directed to this grant's Program Administrator: TexNet Coordinator Phone: 512-463-5406 Fax: 512-936-2306 E-mail: sbennettLatsl.state.tx_us Questions or concerns about regulatory or financial issues should be directed to: Manager,Accounting and Grants Department OFFICIAL RECORD Phone. 512-463-6626 Y Fax. 512-475-01 R51TY SECRTAR i�-mail: i��inarrtn�cr t�l.s tat�°_tx.u� VT. WORTH, �`X - - FY 2012 ILL Grant--30 Day Close Out 3 of 6 TSLAC ■ f Questions relating to required Requests for Funds,Financial Status Reports,and Equipment/Property Acquired Report should be directed to: Grants Accountant Phone: 512-463-5472 Fax: 512-475-0185 E-mail: grants.accounting(j�tsl__state.tx.us Payments from Grantee to Grantor,such as those for excess advanced funds or for interest earned on advanced funds,should be mailed with a revised FSR,an explanation of the purpose of the payment,and the grant number.This information shall be directed to: Grants Accountant Accounting and Grants Department Texas State Library and Archives Commission PG Box 12516 Austin,TX 78711-2516 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 is subject to 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,Title 13,Part 1,Chapter 2, Subchapter C,Division 2,Rule 2.211 regarding the ILL Grant Program and Title 13,Part 1,Chapter 2, Subchapter C,Division 1, Rules 2.110— 2.119 regarding General Grant Guidelines, Texas Government Code § 441.135 Grants (Systems Act), P.L. 104- 208,the Library Services and Technology Act(LSTA),the State Plan for the LSTA in Texas and UGMS. 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 subreclplents 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 fora u is i rary,or pu is ele entary or secondary school library that does not currently receive E-rate services,to be used to ac �(DMi etf�MftJ) a direct costs of accessing the Internet.Grantee will ensure Certification forms are received from all 1 raries receivi f Federal funds upended under this contract. CITY 5 E A� G. I he Cirantee certifies all applicable actin ities related to this grant will be in complia ce fM VMTfkT1FXaxk of the t In1ted States('Title 17, LJ.S.Code). H. In addition to Federal requirements, state lave require~ a number of assurances from applicants for Federal pass-through or other state-appropriated funds(UGMS Part III, Subpart B. Sec. 14 -State Assurances). FY 2012 ILL Grant--30 Day Close Out 4 of 6 TSLAC i 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. 3. A subgrantee must comply with Texas Government Code,Chapter 551,Vernon's 1994,that requires all regular,special or called meeting of governmental bodies to be open to the public,except as otherwise provided by law or specifically permitted in the Texas Constitution. 4. A 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 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 handicaps 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. 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 proj ect is under consideration for listing by the EPA.(EO 1173 8). 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. The applicant must certify that they are not debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs. 15. 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. OFFICIAL RECORD CITY SECRETARY FT. WORTHS TX FY 2012 ILL Grant—30 Day Close Out 5 of 6 TSLAC SIGNATURES GRANTOR GRANTEE Texas State Library and Archives Commission City of rt Worth,Fort Worth Library Edward Seidenberg,Assistant State Librarian Sig atur (must be an official empowered to enter into contracts) SUSAN ALANIS Date Typewritten or Printed Name ASSISTANT CITY MANAGER Vincent Houston,Chief Fiscal Officer Title 8117111 Date - Date Deboraii Littrell,Library Development and Networking Director APPROVE . S TO 8117111 FOR . EG ITY: Date ASS ANT ATTORNEY rl� C- Susan Bennett,Program Administrator 8116111 Date Attested oa°voo00p by*• �' n° OR) 4 0 a p Marty HendrK secretary 0 0 d o� 0A► 0000000°° VXAla 4z F CIAL RECORD CITY SECRETARY FT. WORTH, TX FY 2012 ILL Grant—30 Day Close Out 6 of 6 TSLAC