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HomeMy WebLinkAboutContract 62052SFY 2025 TexTreasures Grant –TXT 25005 1 of 9 TSLAC TEXAS STATE LIBRARY & ARCHIVES COMMISSION TEXTREASURES GRANT PROGRAM Grant Number:TXT 25005 I.CONTRACTING PARTIES Grantor: Subrecipient: Texas State Library and Archives Commission (TSLAC) City of Fort Worth, Fort Worth Public Library Fort Worth, TX 76 Federal Unique Entity ID: ENS6MKS1ZL18 II.TERM OF GRANT July 1, 2024, through June 30, 2025 III.STATEMENT OF SERVICES TO BE PERFORMED Subrecipient shall provide services as outlined in the notice of funding opportunity (NOFO), Fiscal Year 2025 TexTreasures Grant Program Guidelines, and subrecipient’s grant application (TexTreasures Grant for FY 2025) 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 NOFO and approved grant application are incorporated into this contract as if fully set forth herein. In the event of any conflict betweenthe NOFO, approvedgrantapplication, andthiscontract,the orderof precedenceshall be (1)thiscontract, (2) the Notice of Funding Opportunity, and (3) the approved grant application. IV.GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS A. The total amount of the grant shall not exceed: $39,189.00. 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 256843 OLS 24; Federal Award Date: April 18, 2024 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.OnlySubrecipientsprovidingdocumentationtodemonstratealackofsufficientworkingcapitalandthe abilitytominimizethetimeelapsing betweentransferof fundsfrom TSLACanddisbursementofgrantfundswill be allowed to requestadvance 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), locatedathttps://grants.tsl.texas.gov.Requests may be submittedto TSLAC no more often thanonce every30 days, and no lessoften thanonce per quarter. Funds will be processed and paid to the Subrecipient provided TSLAC has received a fully executed contract, and the Subrecipient has fulfilled all reporting and training requirements for current and preceding contracts and submitted all required documentation with the RFF. E. When submitting an RFF for reimbursement, the Subrecipient must provide TSLAC with supporting documentation,such asreceipts, paidinvoices, timesheets, and/or pay stubsto support the amountrequested before payment will be processed. Subrecipient must submit the final request for reimbursement with all supporting documentation no later than July 15, 2025. 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 createanundue burden on TSLAC businessoperations andSubrecipient demonstratesgood cause for missing the deadline(s) (i.e., the reason for missing the deadline is due to no unreasonable delay or fault of Subrecipient). SFY 2025 TexTreasures Grant –TXT 25005 2 of 9 TSLAC F. The Subrecipient may not obligate or encumber grant funds after May 31, 2025. All obligations and encumbrances must be liquidated or paid no later than July 15, 2025. G. If the Subrecipient does not expend funds on a regular basis and/or provide notice relating to unexpended funds by March 31, 2025, 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 $39,089.00 Consultant Fees $ 0.00 Indirect Costs $ 0.00 Total $39,189.00 V.REQUEST FOR FISCAL AND PROGRAMMATIC CHANGES IftheSubrecipientanticipatesaneedforabudgetorprogramrevision,SubrecipientmustnotifyTSLACand,ifapproved byTSLAC,requestabudgetand/orprogramrevisionforfiscaland/orprogrammaticchangesasoutlinedinthisSection. Subrecipientmustsubmitachangerequestforbudgetand/orprogramrevisionselectronicallyon TSLAC’s GMS.Under no conditionmaya Subrecipientrequesttoexceedthe total grantamount.TSLAC mustreceive all change requestson or before May15,2025. Requestsreceivedafter this date will generally be declined but may be considered on a case by case basis if extenuating circumstancesexist.Subrecipient mustsubmit abudgetand/or programchange 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 changesto the approved grant application require an approved Program Revisionunder 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. VI.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. Afiscal changeincludesa change inthecostof theequipment and/or property, and anycostnecessary toputtheitemintoservice,including,butnotlimitedto,thecostofanymodifications,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 SFY 2025 TexTreasures Grant –TXT 25005 3 of 9 TSLAC 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$5,000or moreperunitrequiresapprovalbeforepurchase.Inthoseinstances,TSLAC must secure approval from IMLS on behalf of the Subrecipient and inform Subrecipient of approval once received. Subrecipient may not proceed with purchase unless TSLAC notifies Subrecipient of IMLS approval. D. Subject to the obligations and conditions set forth inTxGMS, 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 reconciletheequipment/propertyrecordswithaphysicalinventoryoftheequipment/propertyeverytwoyears. ThisbiennialinventorydoesnotneedtobesubmittedtoTSLACbutmustbemaintainedbytheSubrecipientand 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. VII.REPORTING REQUIREMENTS The State Legislature has charged TSLAC with submitting performance measure 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 thatare 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. Reporting Period Due Date Q1 (July 1,2024–September 30, 2024) October 31, 2024 Q2 (October 1,2024–December 31, 2024) January 31, 2025 Q3 (January 1,2025–March 31, 2025) April 30, 2025 Q4 (April 1,2025–June 30, 2025) July 31, 2025 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 aretrue,complete,andaccurate,andtheexpenditures,disbursements,andcashreceiptsareforthepurposes and objectives set forth in the terms and conditions of the award. The Subrecipient acknowledges that any false, fictitious, or fraudulent information, or the omissionof any material fact, maysubject thesigning official to criminal, civil or administrative penalties for fraud, false statements, false claims, or otherwise. (2 CFR §200.415(a)) SFY 2025 TexTreasures Grant –TXT 25005 4 of 9 TSLAC D. The Subrecipient agrees to submit an audit certification form for the auditable period including August 31, 2025, to TSLAC no later than December 31, 2025, 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. VIII.GENERAL TERMS AND CONDITIONS A. The Subrecipient will comply with the TexTreasures Grant Program Guidelines for SFY 2025. B. The Subrecipient will comply with the Rules for Administering the TexTreasures Grant, Texas Administrative Code (TAC),Title13, Part1, Chapter 2,SubchapterC, Division 5,Rules 2.410–2.412;and Titleand Title 13,Part 1, Chapter 2, Subchapter C, Division 1, Rules 2.110–2.120 regarding General Grant Guidelines. C. The Subrecipient will complywith all applicablefederal and statelawsand anyother requirementsrelevantto the performance of Subrecipient under this contract, including the following rules and guidance asapplicable: 1.Texas GrantManagement Standards (TxGMS)(https://comptroller.texas.gov/purchasing/grant management/);and 2.Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards(2 CFR §200and §3187 (Supercircular))(https://www.ecfr.gov/current/title 2/subtitle A/chapter II/part 200). D. TheSubrecipientmaycopyrightanyworkthatissubjecttocopyrightandwasdeveloped,orforwhichownership 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 (www.imls.gov/recipients/imls_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 as amended (42 U.S.C. §2000 et seq.), which prohibits discrimination on the basis of race, color, or national origin, including taking reasonable steps to ensure that limited English Proficient (LEP) persons have meaningful access to the applicant’s programs; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681 1689), which prohibits discrimination on the basisofsexineducationprograms;(c)Section504oftheRehabilitationActof1973,asamended(29U.S.C.§701 et seq., including §794), which prohibits discrimination on the basis of disability and the Americans With Disabilities Act of 1990; (d) the Age Discrimination in Employment Act of 1975, as amended (42 U.S.C. §§6101 etseq), which prohibits discrimination on the basis of age;(e) the DrugAbuse Office and TreatmentActof 1972 (P.L. 92 255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuseand Alcoholism Prevention, Treatmentand Rehabilitation Actof 1970(P.L. 91 616),asamended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §523 and §527 of the Public HealthServiceActof1912(42U.S.C.§290dd 3and§290ee 3),asamended,relatingtoconfidentialityofalcohol anddrugabusepatientrecords;(h)TitleVIIIoftheCivilRightsActof1968(42 U.S.C.§3601etseq.),asamended, 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. 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 SFY 2025 TexTreasures Grant –TXT 25005 5 of 9 TSLAC 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 investigationandagreestoprovideaccessto allbooks,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 fraud and unlawful conduct be reported to the Texas State Auditor’s Office. H. The Subrecipient,if aprivate entity, will comply withFederallaw pertainingto trafficking inpersons. Subrecipient and its employees may not: 1.Engage in severe formsof 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 2024 2027 is submitted (anticipated date of submission is January 29, 2029).This means the Subrecipient must maintain all grant related records through January 29, 2032. In addition, Subrecipients thatoperateasstateagenciesmustcomplywith(TexasGovernmentCode, §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 therecords and the location of the records. J. Thisgrantmaybe terminatedbywrittennotice andmutualagreementofbothparties.Theterminationnotice 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 reportingrequirements outlined inSection VII of this documentand 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 notspent,encumberedorobligatedatthetimeofnoticeofterminationshallrevertbacktoTSLACaccording toprocessesestablishedin SectionIV.H.ofthisdocumentandaccordingtoa timelinemutuallyagreedupon by both parties. K. The Subrecipient shall notify TSLAC in writing of any changes to key grant personnel (i.e., program manager, library director, financial contact, etc.) within seven (7) daysof the change occurrence. L. Lossofallof Subrecipient’s staffpriortotheendofthegrantperiodortheterminationdate,whicheverisearlier, 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. M. The partiesagreethat noprovisionof thiscontractisin anywayintended toconstitutea waiver byTSLACor the StateofTexasofanyimmunitiesfromsuitorfromliabilitythatTSLACortheStateofTexasmayhavebyoperation of law. N. The dispute resolution process provided in Texas Government Code, Chapter 2009, is available to the parties to resolve any dispute arising under the agreement. IX.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; SFY 2025 TexTreasures Grant –TXT 25005 6 of 9 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, appeals. 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 suspensionandtermination,donotpreclude Subrecipientfrombeingsubjectto"DebarmentandSuspension" under Executive Order 12549 (See TxGMS, Appendix 6, Debarment and Suspension) 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: Dominic Gonzales, Grants Administrator Phone: 512 463 5581/ Fax: 512 936 2306 E mail:grants@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.accounting@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:rcannon@tsl.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 SFY 2025 TexTreasures Grant –TXT 25005 7 of 9 TSLAC XI.APPLICABLE AND GOVERNING LAW A. The laws of the State of Texas shall govern this grant. B. All duties of either partyshall be legally performable in Texas.The applicablelaw 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. XII.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 Government Code §441.135; Texas Administrative Code, Title 13, Part 1, Chapter 2, Subchapter C, Division 5, Rules 2.410–2.412 regarding the TexTreasures Grants Program; TexasAdministrative Code, Title 13, Part 1, Chapter 2, Subchapter C, Division 1, Rules 2.110– 2.120 regarding General Grant Guidelines; the Library Services and Technology Act (LSTA); the LSTA Five Year Plan for Texas; and TxGMS. B. The Subrecipient certifies thatall costs included in this grant award are properly allocable to federal awards on thebasisofabeneficialorcausalrelationshipbetweentheexpensesincurredandtheagreementstowhichthey are allocated in accordance with applicable requirements. C. The Subrecipientcertifies thatthe samecoststhathavebeen treated as indirectcosts havenot beenclaimed 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. Foranyagreementexceeding$100,000,theSubrecipientcertifiesthatnofederalappropriatedfundshavebeen paid or will be paid, byor on behalf oftheSubrecipient, toany personfor influencingor attempting toinfluence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employeeofamemberofCongressonitsbehalfinconnectionwiththemakingofanyFederalgrant,theentering 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 form. 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 grantthatwillbeusedtopurchase computersusedtoaccess theInternetorpayforthedirectcostsofaccessing 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); 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). SFY 2025 TexTreasures Grant –TXT 25005 8 of 9 TSLAC H. InadditiontoFederalrequirements,statelawrequiresanumberofassurancesfromapplicantsforFederalpass 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 Actof1988(P.L.100 690,TitleV, Subtitle D; 41 U.S.C.§§701–707).This includes, butisnot 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 andcontractors,withallapplicablefederalandstatelaws,rules,regulations,andpoliciesineffectorhereafter 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 tothe cybersecuritytrainingprogram forlocal governmentemployeeswho haveaccesstoalocalgovernment computer system or database. L. The Subrecipient represents and warrants its compliance with 2 CFR §200.113, which requires the disclosure inwritingofviolationsoffederalcriminallawinvolvingfraud,bribery,andgratuityandthereportingofcertain 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 headof TSLAC, (2) a person who at any time duringthe four yearsbeforethe date of the contractor grantwasthe executive headof 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 interestor 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, exceptas allowed under relevantstateor federallaw.Further, the Subrecipientrepresentsand warrantsthatin 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 interestor personal gain.The Subrecipient will operatewith completeindependenceand objectivity withoutan SFY 2025 TexTreasures Grant –TXT 25005 9 of 9 TSLAC 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. XIII.SIGNATURES The undersigned hereby execute this contract. GRANTOR Texas State Library and Archives Commission SarahKarnes,LibraryDevelopmentandNetworking Director Date Approved by: Chief Operations and Fiscal Officer Grants Administrator SUBRECIPIENT CityofFortWorth,FortWorthPublicLibrary Signature (officialempoweredtoenterintocontracts) Typewritten or Printed Name Title Date ACCEPTED AND AGREED: CITY OF FORT WORTH: By: ___________________________ Jesica McEachern Assistant City Manager Date: ___________________________ APPROVAL RECOMMENDED: By: ______________________________ Midori Clark Library Director ATTEST: By: ______________________________ Jannette Goodall City Secretary CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: ______________________________ Jessica Dean Administrative Services Manager APPROVED AS TO FORM AND LEGALITY: By: ______________________________ Andrea Phillips Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 24-0791 1295: N/A M&C Review CITY COUNCIL AGENDA Create New From This M&C DATE: 9/17/2024 REFERENCE NO.. CODE: C TYPE: **M&C 24- LOG NAME: 0791 Page 1 of 2 Official site of the Ciry of Fort Worth, Texas F��T�'�o�rii -.�'�'�- 84TEXTREASURES GRANT SFY2025 PUBLIC CONSENT HEARING: NO SUBJECT: (ALL) Ratify Application for and Authorize Acceptance of the Fiscal Year 2025 TexTreasures Grant from the Texas State Library and Archives Commission in the Amount Up to $39,189.00 for the Purpose of Funding the Digitization of the Fort Worth Press Newspaper Microfilm Collection, Authorize Execution of Related Grant Agreement, and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Ratify the application for and authorize the acceptance of the Fiscal Year 2025 TexTreasures Grant from the Texas State Library and Archives Commission, in an amount up to $39,189.00; 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 the receipt of the grant, in Project 104558 TexTreasures an amount up to $39,189.00 for the purpose of funding the digitization of the Fort Worth Press newspaper microfilm collection. 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 received this grant for the amount of $25,000.00 in State Fiscal Year (SFY) 2023 to fund project 104558 TexTreasures to digitize the Fort Worth Press newspaper microfilm collection. The initial grant funding was not enough to digitize the entire collection, therefore, the Library Department was awarded the grant for a second year in SFY 2024 in the amount of $39,189.00 to continue the project. The Library applied for this grant for a third consecutive year and was awarded $39,189.00 to complete the digitization project in SFY 2025. This third and final award will fund the digitization to complete the project. The newspaper, published from 1921-1975, documents a significant portion of the history of Fort Worth and is of vital historical importance to the Library's collection. The extent of the collection to be digitized is 328 reels of microfilm. 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 has partnered with the University of North Texas Digital Libraries and Portal to Texas History (PTH) on numerous successful digitization projects including this Fort Worth Press newspaper collection. This searchable digital version is 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 is 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. The Library is promoting the digitized collection on the Library's website, social media channels, and http://apps.cfwnet.org/council�acket/mc review.asp?ID=32498&councildate=9/17/2024 9/18/2024 M&C Review Page 2 of 2 the City of Fort Worth News. In addition, the information for accessing the new collection is being provided to local school districts, charter schools, home school organizations, and local universities. This is a reimbursement grant and there are no indirect costs since payroll expenditures are not part of the grant award. 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 Management 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. Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Fund Department Account Project Program Activity Budget � Reference # ID ID Year (Chartfield 7 Submitted for City Manager's Office b� Jesica L. McEachern (5804) Oriqinatinq Department Head: Additional Information Contact: Amount Midori Clark (7707) Paul Orr (8031) ATTACHMENTS ORD.APP 84TEXTREASURES GRANT SFY2025 21001 A024(R3) ver3.docx (Public) Signature: � �� .��a Email: dgonzales@tsl.texas.gov Signature: � ����� Email: dosborne@tsl.texas.gov http://apps.cfwnet.org/council�acket/mc review.asp?ID=32498&councildate=9/17/2024 9/18/2024 TexTreasures Grant TXT-25005 Contract SFY2025, partially signed, Sept. Final Audit Report 26, 2024 2024-09-27 Created: By: Status: Transaction ID: 2024-09-27 Dominic Gonzales (dgonzales@tsl.texas.gov) Signed CBJCHBCAABAANijOf8_b_dqSfBnWDG7gDLKFo5u09GUl "TexTreasures Grant TXT-25005 Contract SFY2025, partially sig ned, Sept. 26, 2024" History '� f Document created by Dominic Gonzales (dgonzales@tsl.texas.gov) 2024-09-27 - 5:39:12 PM GMT �- -� Document emailed to Sarah Karnes (skarnes@tsl.texas.gov) for signature 2024-09-27 - 5:40:03 PM GMT �:• Document emailed to Dominic Gonzales (dgonzales@tsl.texas.gov) for signature 2024-09-27 - 5:40:03 PM GMT �:• Document emailed to Donna Osborne (dosborne@tsl.texas.gov) for signature 2024-09-27 - 5:40:04 PM GMT !yo Document e-signed by Dominic Gonzales (dgonzales@tsl.texas.gov) Signature Date: 2024-09-27 - 5:40:21 PM GMT - Time Source: server � Email viewed by Sarah Karnes (skarnes@tsl.texas.gov) 2024-09-27 - 5:55:56 PM GMT !�a Document e-signed by Sarah Karnes (skarnes@tsl.texas.gov) Signature Date: 2024-09-27 - 5:56:02 PM GMT - Time Source: server '�':f Email viewed by Donna Osborne (dosborne@tsl.texas.gov) 2024-09-27 - 10:05:22 PM GMT `� a Document e-signed by Donna Osborne (dosborne@tsl.texas.gov) Signature Date: 2024-09-27 - 10:05:53 PM GMT - Time Source: server � Agreement completed. 2024-09-27 - 10:05:53 PM GMT as trq eF gaa� Pawered hy � ARCHIVESCOMMISSfON Advhe � Acraba# 5ign