Loading...
HomeMy WebLinkAboutContract 29124 RECEIVED TEXAS STATE LIBRARY & ARCHIVES COMMIS464 5 2003 CITY SECRETARY l INTERLIBRARY LOAN CENTER GRAWNTRACT NO. !� Grant # 771-04042 RECEIVED SEP 0 5 2003 I. CONTRACTING PARTIES ACCOUNTING Grantor: Texas State Library and Archives Commission (TSLAC) Grantee: City of Fort Worth, Fort Worth Public Library 500 West 3rd Street Fort Worth, Texas 76102-7333 II TERM OF GRANT September 1, 2003, to August 31, 2004 III. 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 § 441.006, General Powers and Duties; 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, the Uniform Grant Management Standards (UGMS). IV. GRANT AMOUNTS A. The total amount of the grant shall not exceed: $233,985 B. Source of funds: CFDA #45.310, Institute of Museum and Library Service, State Library Program Federal Fiscal Year 2003 Carryover TSLAC's accounting coding: Index 17712, Object Code 7611, AY03 Page 1 of 9 Fiscal Year 2004 City of Fort Worth Interlibrary Loan Center Grant C. Budget: Personnel $131,847 Fringe Benefits 30,941 Travel 700 Equipment 0 Supplies 6,300 Contractual 2,610 Other 24,650 Total Direct Costs $197,048 Indirect Costs 36,937 Total $233,985 These budget categories are defined in UGMS, Section H, Attachment B and in the TexNet Center Policies Manual. V. WRITTEN PRIOR APPROVALS FOR FISCAL AND PROGRAMMATIC CHANGES A. The Grantor must give written prior approval for any of the following fiscal changes: 1. 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 ($0). Written prior approval is to be requested on the Prior Approval Request form 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 (Interlibrary Loan application): 1. Obtaining the services of a third party to perform activities which are central to the purposes of the grant. 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. Written prior approval is to be requested on the Prior Approval Request form. All prior approvals must be received by Grantor by August 2, 2004. Approvals received after this date will be considered on a case-by-case basis. Page 2 of 9 Fiscal Year 2004 City of Fort Worth Interlibrary Loan Center Grant C. The Grantor hereby gives 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 Prior Approval Request 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 Prior Approval Request. All prior approvals must be received by Grantor by 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/Property Subject to the obligations and conditions set forth in the Uniform Grant Management Standards (UGMS) Section III, 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 PERFORMED A. The Grantor will reimburse the Grantee for expenses incurred in processing and filling interlibrary loan requests for library materials and information from public, academic, and special libraries, and for processing interlibrary loan requests originating with the Grantee. The Page 3 of 9 Fiscal Year 2004 City of Fort Worth Interlibrary Loan Center Grant Grantor will also reimburse the Grantee for providing OCLC system use support to Texas Group selective user libraries in the Grantee's service area. B. The Grantee will provide free interlibrary loan service according to the operating procedures set by the Grantor. C. The Grantee will employ the following staff whose work assignments are exclusively to provide interlibrary loan services: 1 Librarian Supervisor (Group G70) 1 Library Assistant (Group B81) .75 Office Assistant II (Group J05) .75 Office Assistant I (Group J03) .5 Page (Group SOI) D. The Grantee will provide a telephone line(s) directly into the interlibrary loan office, telephone extension to local library telephones, and permit the computer(s) to be connected without charge to an OCLC modem with line extenders or extended distance cables, or other appropriate technology. E. The Grantee agrees to provide rapid and convenient access to its catalog of holdings and its circulation system for use without charge by the project staff. F. The budget allocations are based on the following performance objectives: 1. Fill 12,700 interlibrary loan requests from the Grantee's resources. 2. Process 34,600 interlibrary loan transactions. 3. Maintain an average response time of 24 hours for interlibrary loan requests. 4. Maintain a maximum turnaround time of 8.0 days for requests from the region filled by the Grantee. 5. Maintain a maximum turnaround time of 15.0 days for requests referred to and filled by other libraries. G. The Grantee will comply during the period of this contract with its Interlibrary Loan Center grant application. VII. TERMS AND CONDITIONS A. The Grantee will comply with the TexNet Center Policies Manual. B. 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.tx.us/divisionslstategrantslguidel ineslfiles/UGMSO]2001.doc. 1. Cost Principles for State and Local Governments and Other Affected Entities (adapted from OMB Circular A-87) Page 4 of 9 Fiscal Year 2004 City of Fort Worth Interlibrary Loan Center Grant 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) For grants funded with state funds, the Grantee will comply with the third part of UGMS, the State of Texas Single Audit Circular. For grants funded with federal funds, the Grantee will 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://www. whitehouse.gov/omb/grants/grants circulars.html. C. The Grantee will comply with the Institute of Museum and Library Services' 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). D. 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 Federal and State Awards will list the amount of awards expended for each award year separately. E. 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. All unexpended funds must be returned to the Grantor along with the Final Financial Status Report due November 15, 2004. Final request for reimbursement must be received no later than October 15, 2004. F. 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 quarterly Financial Status Report. G. All publicity relating to the grant award must include acknowledgement of the Institute of Museum and Library Services 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 library, announcements on the Grantee's website, and materials distributed through the grant project. The Grantee agrees to provide the Grantor with one (1) set of any public relations materials produced under this grant. H. 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. Page 5 of 9 Fiscal Year 2004 City of Fort Worth Interlibrary Loan Center Grant I. 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. J. The Grantee agrees to maintain records on all equipment/property with an acquisition cost that exceed governing entity's capitalization level. The UGMS Subpart C, Sec. 32, (d) requires the Grantee to reconcile the equipment/property records with a physical inventory of the equipment/property every two years. This biennial inventory does not need to be submitted to the Grantor, but must be maintained by the Grantee and will be subject to review by the Grantor. The UGMS Subpart C, Sec. 32, (d) (3) requires certain items of equipment (stereo systems, still and video cameras, facsimile machines, VCRs and VCR/TV 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 III, 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). When the Grantee has been given federal or state equipment/property, the UGMS Subpart C, Sec. 32, (f) will be followed. K. The Grantee agrees to submit the Equipment/Property Acquired Form by October 29, 2004, for all equipment/property purchased during the current grant year. This list must balance with the equiprrient/property purchased with prior approval amounts. L. 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. 1. The Grantee will maintain a record of each interlibrary loan request submitted to other libraries. 2. The Grantee agrees to submit ILL statistics to the Grantor monthly. 3. The Grantee agrees to submit turnaround time data records to the Grantor within two weeks of the completion of the data records. M. The Grantee agrees to participate fully in any special study, survey, or other research and testing, which is designed to evaluate or improve interlibrary loan policies, procedures or management, when requested by the Grantor. N. The Grantee agrees to submit the quarterly Financial Status Report for each project funded under this contract according to the following schedule: Page 6 of 9 Fiscal Year 2004 City of Fort Worth Interlibrary Loan Center Grant ReportingPeriod 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 A final Financial Status Report is due by 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 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 15'1'of the month. If requesting a reimbursement, the funds will usually be received by the Grantee within 10 days after TSLAC receives the funds from the federal government. 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 received by state deadlines. P. The Grantee agrees to develop or revise, as necessary, the specific written documentation of their current procedures for(1) collecting and reporting performance measures, and (2) conducting a fixed asset inventory, and (3) any other issues identified in the Grantor's internal audit report of grant activities dated May 2003. Drafts of this procedural documentation will be submitted to Grantor by October 29, 2003. Grantor will provide review and guidance to enable final versions to be approved by December 31, 2003. 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 regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, the awarding agency 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 the awarding agency; (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; Page 7 of 9 Fiscal Year 2004 City of Fort Worth Interlibrary Loan Center Grant (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 III, Subpart C, Sec. 35) and state law. IX. CONTACTS AT TSLAC Questions or concerns about programmatic issues and Prior Approval Request should be directed to this grant's Project Manager: Dayna Jones Resource Sharing Consultant Phone: 512-463-5406 Fax: 512-936-2306 E-mail: diones@tsl.state.tx.us Questions or concerns about regulatory or financial issues should be directed to: Mary Lopez Manager, Accounting and Grants Department Phone: 512-463-6626 Fax: 512-475-0185 E-mail: mlopez@tsl.state.tx.us Page 8 of 9 Fiscal Year 2004 City of Fort Worth Interlibrary Loan Center Grant Fax Requests for Reimbursement, Financial Status Reports, Annual Property/Inventory Reports, and other miscellaneous forms and reports to: April Kral Grants Accountant Fax: 512-475-0185 E-mail: akral@tsl.state.tx.us Payments to the Grantor, such as those for excess advanced funds or 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: Apri 1 Kral 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 rcrives Commission City o /Fort Worth, Fort Worth Public Library E,dwaf , Assistant State Librarian Signature ( t be an official empowered to enter into contracts) Libby Watson Date Typewritten or Printed Name 1i O Assistant City Manager Donna sbo hief Fiscal Officer Title V-2,1103 8/29/03 Date Date Page 9 of 9 Fiscal Year 2004 City of Fort Worth Interlibrary Loan Center Grant 10-01 -03 P03 :41 IN APPROVED AS TO FORM AND LEGALITY : , -,City Attorne U Date: C—/19 -7 -D3 ATTEST : ity Se etary City of Fort Worth, Texas "agoir And Council Communication DATE REFERENCE NUMBER LOG NAMEPAGE 3/18/03 **C-19517 84LOAN 1 of 2 SUBJECT ACCEPT A GRANT FROM THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION AND THE U.S. DEPARTMENT OF EDUCATION FOR THE INTERLIBRARY LOAN PROGRAM AND RELATED CONTRACT AND APPROPRIATION ORDINANCE RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to apply for and accept a grant for the Interlibrary Loan Program in the amount of $254,840 from the Texas State Library and Archives Commission and the U.S. Department of Education; and 2. Authorize the City Manager to execute a grant contract 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 $254,840 in the Grants Fund upon receipt of the grant; and 4. Apply indirect costs using the most recently approved indirect cost rate of 22.69% for the Library Department. DISCUSSION: The Texas State Library and Archives Commission and the U.S. Department of Education propose to grant $254,840 to the City of Fort Worth to provide resource sharing and interlibrary loan services to a 20 county area of North Texas. The Fort Worth Library serves as the "Major Resource Center" under the Texas Library System Act for this area. The grant is for the state fiscal year, September 1, 2003, through August 31, 2004. It will continue to subsidize resource sharing in the North Texas area and to provide local libraries with a means of acquiring the use of materials from libraries throughout the United States. This is the twenty-seventh year of this grant program. This program is budgeted at $254,840, with the funding agencies defraying the costs listed below: Personnel $145,814 Fringe Benefits $ 34,307 Travel $ 1,200 Supplies $ 6,300 Contractual $ 1,700 Other $ 24,650 Equipment N/A Indirect Costs 40,869 Total $254,840 City of Fort Worth, Texas "agor And Council Communication DATE REFERENCE NUMBER LOG NAMEP AGE 3/18/03 **C-19517 1 84LOAN 2 of 2 SUBJECT ACCEPT A GRANT FROM THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION AND THE U.S. DEPARTMENT OF EDUCATION FOR THE INTERLIBRARY LOAN PROGRAM AND RELATED CONTRACT AND APPROPRIATION ORDINANCE FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Fund. JP:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) GR76 451458 084308841000 $254,840.00 Joe Paniagua 6140 GR76 5 (various) 084308841010 $254,840.00 Originating Department Head: Gleniece Robinson 7706 (from) APPROVED 3/18/03 ORD.#15486 Additional Information Contact: Mary Sikes 7731