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22-1955ORDiNANCE NO. 22-1955 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORiZrNG THE CITYMANAGER TO ACCEPT THE TEXAS READS GRANT #TXR-23006 FOR STATE FISCAL YEAR (SFY) 2023 (FEDERAL AWARD IDENTIFICATION NO. LS-252486-OLS-22) FROMTHE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION THROUGH THE INSTITUTE OF MUSEUM AND LIBRARY SERVICES IN THE AMOUNT OF $7,252.00, FOR THE PERIODOF SEPTEMBER 1, 2022 THROUGH AUGUST 31, 2023; AUTHORIZING THE CITYMANAGER TO CARRY OUT ALL DUTIES OF THE CITY PURSUANT TO THE GRANT;PROVDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Reads Grant TXR-23006 for SFY 2023 will provide frnancial assistance toward expenditures related to the grant program, including purchasing of materials such as sign posts, books, and other miscellaneous expenses related to the grant program’s goals and objectives: WHEREAS, the City desires to install a StoryWalk along the walking path in Fred Moore Park which would feature four diRerent picture books throughout each year and be accessible to park users, hereby referred to as the “Project”; WHEREAS, the funding of the Project will result in a permanent picture book display throughout the park that will allow park users to read a story as they walk on the paved path. As a result, providing a valuable reading resource to families and individuals using Fred Moore Park, in Denton, Texas: WHEREAS, the City Council finds it in the best interest of the citizens of the City of Denton to authorize the City Manager, or their designee, to accept the Texas Reads Grant TXR-23006 for SFY 2023 in the amount of $7,252.00 from the Texas State Library and Archives Commission (“TSLAC”) through the Institute of Museum and Library Services for the period of September 1, 2022 through August 31, 2023; and WHEREAS, TSLAC has provided the City with its Grant Agreement, attached hereto as Exhibit A, and the City Council finds that the Grant Agreement is acceptable and is in the publicinterest; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance (this “Ordinance”) are incorporated herein by reference. SECTION 2. The City Council authorizes the City Manager, or their designee, to accept the Texas Reads Grant TXR-23006 for SFY 2023 (Federal Award Identification No. LS-252486-OLS-22) and execute the attached Grant Agreement attached as Exhibit A on behalf of the City. SECTION 3. The City Manager, or their designee, is further authorized to carry out all duties and obligations of the City under the Grant Agreement and to take such additional actions necessary and appropriate to effectuate the purpose of the grant. SECTION 4. Any section, subsection, paragraph, sentence, clause, phrase, or word in this Ordinance, or the application thereof to any person or under any circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council of the City of Denton hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 5. This Ordinance shall become effective immediately upon its passage and approval. T h e Ir1r]1 oJIi11%! {E r&l f: d i n a n c e vr : s t :: : trl anc ew : s passed and approved ilo:: iE vote L-L- CH: Aye,/Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2: Jesse Davis. District 3 : Alison Maguire, District 4 : / Brandon Chase McGee, At Large Place 5 : V Chris Watts, At Large Place 6: / \/ / V/ PASSED AND APPROVED thi, th, \Sb d,y ,f (UbEr ' 2022. GERARD HUDSPETH, MAYOR ATTEST:ROSA RIOS, CITY SECRETARYJBqS54UZAC, DEeuv{L\\\\tIll III APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Marcelia LunnDN: cn=Marcella Lunn, o, X Hi;;09l==3 7j5TO-jT IAb. Hlrnin@dwofdent),*: MfA DocuSign Envelope ID: B3991E3&469345FI.A7A&5C26D2139C53 TEXAS STATE LIBRARY & ARCHIVES COMMISSIONTEXAS READS GRANT PROGRAM Grant Number: TXR-23006 1.CONTRAcriNG PARTIES Grantor; Subrecip;ent: Texas State Library and Archives Commission (TSLAC) City of Denton. Denton Public Library502 Oakland StDenton. TX 76201.3 1 02 Federal Unique Entity ID: NAQBJ67VUM95 11. 111. TERM OF GRANT September 1. 2022. through August 3 1 . 2023 (State Fiscal Year (SFY) 2023) STATEMENT OF SERVICES TO BE PERFORMED Subrecipient shall provide serviws as outlined in the grant dpplicalion (Texas Reads Grant for SFY 2023) as approved by TSLAC. Grant funds must be used to meet TSLAC and Federal goals. TIle Subrecipient must report information relating to best practices andperformance outcomes during the period of this contract. TIle approved grant application submitted by Subrecipient is ina)qnrated into this contr7ra as if fully set forth herein. In the event of any conflict between the grant application and this contract. this contract shall prevail IV.GRANT AMOUFWS AND DISBURSEMENT REQUIREMEVrs A. The total amount of the grant shall not exwed: $ 7,252.00. 1ndirect oosts, as included in the total amount awarded. shaH not exceed 0.000 orS 0.00 as indicated in the budget below. B. Source of funds: Institute of Museum and Library Sewiws (IMLS) Assistance Listing Number/ntle: 45.3 10 Grants to States Federal A\yard Identification #: LS-25248GOI,S-22; Federal Award Date: April 8, 2022 Tbc Subrwipient is restricted to one oft\yo methods for requesting funds from TSLAC. Tbe Subecipient may request rqimbursgmgr of actual and allow4ble expenditures for the Subrecipient's normal billing cycle. or pd\'ang{ p4ypgnt for estimated and allowable expenditures to be incurred in the 30-day period following the requnt. Only Subrecipients providing documentation to demonstraea lack of sufficient working capital and the ability to minimize the time elapsing txt\yun transfer of funds from TSizAC ard disbursement ofgrant funds will be allo\red to request advance paymenb. TIle Subrwipienr must ruluest payments from ’IS LAC using TSLAC's Requat for Funds form (RFP) via ISLAC's online Grant Management System (GMS). located at https://grants.tsI.texas.gov. Requests may be submitted to TSLAC no more often than one every 30 days, and no less often than once per quarter. Funds \viII be processul and paid to the Subrecipienl provided TSLAC hareceived a fully executed contract. and Subrecipient has fulfilled all reporting and training rcquiremcnts for current and preccdirB contracts and submitted supporling documentation with the RFI;. When submitting an RFP for reimbursement the Subrecipient must provide TSLAC with supportingdocumenation. such a receipb. paid invoices, time sheets, and/or pay stubs to support the amount requested before payment will be processed. lbc Suhncipient may not Qbljgate Qr engumber grant funds after July 31, 2023. Subrwipicnt must submit the final request fu reimbursement no later than August 1, 2023. All supporting documentation must be submitted no later than August 31, 2023.Requests or documentation received after the deadline(s} \viII generally tx declined but may be considered on a case.by-casebasis if the request does not create an undue burden on TSLAC- business opera{ions and Subrecipient demonstrates good causefor missing the deadline(s) (i.e„ the reason for missing the deadline is due to no unreasonable delay or hull ofSubrecipient). If the Subrecipient don not expend fUnds on a regular basis and/or provide notice relaing to unexpcndcd funds by May 31, 2023. TSI'AC nser\'es the right to act as necusary to reduce any unexpended balances. including reducing the amount specifiedin Section IV. A. above. Interut earned in excess of $500 on advanced funds must be returned to TSLAC per requirements in the State of Texas Grant Management Standards ('l'xG MS ). All unexpended grant funds must be returned to IS LAC per requinments in TxGMS. Per the approved grant application. funds are authorized according to the foIIo\ring budget: C. D. E. F. G. 11 1. Salaries/Wa96/DgngfitsTravel EquipmentSupplies/Materials ServicesConsultant Fees Indirect Costs Total $ 0.00 $ 0.00$ 0.0087,252.oo$ 0.00$ 9.oo$ 0.00 $7,252.oa SFy 2023 Texas Reds Grant – TXR-230% I of 7 TS LAC DowSign Envelope ID: B3991E3@+69:H5Fl-A7A&5C26D2139C53 REQUEST FOR FISCAL AND PROGRAMMATIC CHANGES If the Subrecipient anticipates a need for a budget or program re\-ision. Subrecipient must nod6' TSLAC and, if approved by TSLAC request a budget and/or program revision for nsc:al and/or programmaric changes as outlined in this Sedion. Subruipient must submit a change request for budget and/or program revisions electroniaJly on TSLAC-s GMS. Under no condition may a Subrecipient request b exceed the total grant amount TSLAC must rewivt all change requests on or before June 15, 2023. Requests n=ei\'ed after this date willgenerally be declined but may be considered on a use-by-case bask if exenuating circumstances exisl Subncipient must subml a budget and/or program change request to TSLACbcfQn obligating orexpcn ding grant funds as follows:A.Fiscal changes require an approved budget revision under any of the following conditions: Making cumulative transfers among budget cost categories or projwts that are expected to exceed ten (10) percent of thetotal grant Transferring any funds into a budget east category that currently equals zero (80):2 Expending any program income mmed through the utilization of resources funded by this grant or. Changing the items listed in the approved budget categories if an item’s cost or features are substantially difFerent from 3 4 what the approved grant application specifin, or from a previously approved fiscal or program revision. I B.Programmalic changn to the approved grant application ru]uire an approved Program Revision under any of the followingconditions: Obtaining the services of a third party to perform activities that are central to the purposes of the grant; or. Changing the scope or objectives of the approved program. regardless of whether there is an associated budget revision. A change in scope is a subsUnti\'e difference in the approach ormahod used to ruch program objecti\’n. V.EQUIPMENT AND PROPERTY REQUIREMErfrs A. If conditions described in Section V.A.1. are mel any fIscal change to items listed in the Equipment budget mtegory specified h Section IV. I. ofthis contract will require an approved Budget Revision tx:fore making the change. A fiscal change includes a chang in the cost of the equipment and/or pmpeKy. and any cost necnsary to put the item into service, including. but not limited to. thecost of any modifications. attachments. accessories. or auxiliary apparatus necessary to make the item usable for the purpose RI which it is acquired. Ancillary charges such as la\cs. duty. protecti\'e in.transit insurance. freight and installation should be includaJ in or excluded from the expenditure cost in amordancc with the Subrecipient's regular aca)unting practices and Generally Acceptai Accounting Practices (GAAP ). TS LAC \viII not advise Subrecipient ori ancillary charges. B,TIle Subrecipient will comply maintained on inventory. with TxGMS, Pmpeny Standards, Equipment requIrIng certain items of equipment to be C.Equipment costing $5,000 or more per unit rquires approval before purchase. In those instancw. TSL AC will secure approval from IMLS on behalf of the Subrecipient and inform Subrnipient ofdpproval once recei\'ed. D.Subject to the obligations and conditions set forth in TxGM S. title to equipment acquired under a grant will vest in the Subrecipicnt upon acquisition. Subrwipicnt must include any equipment/property acquired with grant funds in the required biennial property inventory and foIIo\v the I'xGMS requirement that the Subrecipient reconcile the equipmenLWperty records with a ph)Heal inventory of the equipment/property every tIVO years, Tbis biennial inventory does not need to be submitted to TSLAC but must bemaintained by the Subrecipient and \viII be subject to review and/or audit by TSLAC. When properly is vested in the Subrecipienl Subrecipient \viII dispose of equipment/property in auordanu u'ith TxGMS. When the Subrecipient has been given federally or state-owned equipment/property. Subrecipicnt will foIIo\r the guidance m set forth in TxGMS. VI.REPORTING REQUIREMENTS TIle State Legislature has charged TSLAC with submitting performance measurement reports that specify the level of services provided tV its programs and sen’ices. In acwpting thue grant funds, the Subrecipient acknowledges responsibility for performing certain services m behalf of TSLAC. as outlined in the approved gwR application. lberefore. the Subrecipient is responsible fLr submitting periodic repor6that reflect the Subrecipient-s level of puformance on these serviws to TSLAC. To comply with these requirements. the Subruipientagrm to submit reports that are timely, accurate. auditable. and consistent with definitions. A.llre Subrecipient agrees to develop or revis& as necessary. an) specific written documentation of its current proceduru for (1) collecting and reporting perfbrmance measures; (2) conducting a fL\Cd asset inventory: and/or. (3) any other issues identified in the Subrecipient's grant activities or internal audit. Drafts of this procedur,a documentation \viII be submitted to TSLAC by data establishcxl mutually between TSLAC and Subrccipient. TS L.AC will provide review and guidance to enable final versions to Fr approved on or before established deadlines B.llre Subruipient agrtus to submit quarterly performance reports detailing grant-funded activities via the TSI'AC GMS on orbefore due dales lis_tuI in the follou'ing schedule. In the event that a due date falls on a wwkcnd or state holiday. the rapeaive report \viII be due on the next business day. Subrecipient agrees to submit Legislative Budget Board (LBB) measures. as defined by TSI,AC. in the reports. and to work with agency stafTin the de\'elopment and reporting of Project outcomes. LBB measuresmay 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. S FY 2023 Texas Reds Grant – TXR-23006 2 of 7 TS LAC DocuSign Envelope ID: B3991E3&469&45Fl-A7A&5C26D2139C53 Reporting Period DIn Dat€ Pl (September 1, 2022- February 29, 2023) March 7, 2023P2 (March 1, 2023-August31, 2023) September 7, 2023 TIle Subrecipient will ensure that all fiscal reports or vouchers requesting payment under this agreement will include a wrtification. signed by an official who is authorized to legall)' bind the Subrecipienl, that the reports are true. complete, andaccurate. and the e\penditures, disbursements. and cash receipts are for the purposes and objectives set forth in the terms andconditions of the award. Ttrc Subncipient acknowledges that an)- false. fictitious. or fraudulent information. or the omission of any materia] fact may subject the signing ofFicial to criminal. civil or adminisaari\'e penalties for fraud, false statements, false claims. or otherwise. (2 CFR $200.415(a)) Tbc Subrecipient agrees to submit an audit certification form for the audiUble period including August 31. 2023. to 'I-SLAC rn later than December 31, 2023, or other deadline as specified by TSLAC. Ifasingle audit is required. the Subrecipient will comply with the Supcrcircular (2 CFR i200.512 Report Submission). llre auditshall be completed and the raluired data collwtion form submiaed to the Federal Audit Clearinghouse (FAC) within the earlierof 30 days after receipt of the auditor’s report(s). or nine months alter the end of the audit period, unless a longer period is agrwd to in advance by the state agency that provided the funding or a difFerent period is specified in a program.specific audit guide. TSLAC reserves the right to withhold final payment on this Grant until all required reports and forms are received. C. D. E. F. VII.GENERAL TERMS AND CONDITIONS The Subruipient will comply with the Texas Reads Grant Program Guidelinw for SFY 2023. B.Tbc Subrecipient will comply with the Rules for Administering the Texas Reads Grant Program, Texas Administrative Code(TAC). Title 13. Part I. Chapter 2. Subchapter C, Division 4. Rules 2,4 1 (A.412; and Tide 13, Pan I. Chapter 2. Sutxhapter C. Division I, Rules 2. II (A. 119 regarding General Grant Guidelines. C.nrc Subrecipient will comply with all applicable federal and state laws and any other requiremenb nlwant to the pcrformance of Subrecipient under this contract, including the following rules and guidance as applicable: Texas Grant Management Standards LTxClhAS) (hlOS :''conplrdler.feras.gov/prrchaillg'grarl-lrunagelnenl ); and Unil'orm Administrathe Requirements. Cost Principles and Audit Requirements forFuleral Awards (2 CFR $200and $3 1 87 (Supercircul z)) (https : l’/federalngister.go\'W20 1 3-30465 ) . 1 2 TIle Subrecipient may copyright any work that is subjnt to copyright and wu developed, or for which ownership \vas aaluM, under a Federal award. Subrmipient understands that IMLS and ISLAC rserve a royalt}'free. nonexclusiv'c and irrevocable right to reproduce, publish or otherwise use the \york for Federal or stale government purposes, and to authorize others to do so. (2 CFR $200.3 1 5) All publicity relating to the grant award must include acknowledgment of the Institute of Museum and Library Sen'ica (www . imls.gav/recipiads/irnls_ gckmwledgemeN.asFX) and the Texas State I,ibrdry and Archivu Commission. Publicity includes, but is not limited to press reteas6. media events. public events. displays in the benefiting library, announcements on the Subrecipient's website. and materials distributed through the grant prqjca. The Subncipient will provide ’l'SLAC with one set of all public relations materials produced under this grant with the anal quarterly performance report. D. Subrecipients will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 ( P.L. 88.352) that prohibits discrimination on the basis ofrne. color, or national origin: (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. $$ 1 68 1 - 1 683, and $$ 1685-1686). that prohibits discrimination on the basis of sex: (c) Section 504 of the Rehabilitation Act of 1 973. as amended (29 U.S.C. $794). that prohibiB discrimination onthe basis of disability and the Amaicans 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 ofage; (c) the Drug AbuseOffice and Treatment Act of 1 972 (P.L 92-255), as amended. relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse andAlcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P. L. 91-616). as amended, relating to the nondiscdmination on the basis of alcohol abuse or alcoholism; (g) $523 and $527 of the Public I Imlth Service Act of 191 2 (42 U.S.C. $290 dd-3 all +290 ee-3). as amended, relating to confidentiality of alcohol and drug abuse patient records:(h)Utle ViII of the Civil Rights Act of 1 968 (42 U.S.C. g360 1 et seq.). as amended. relating to nondiscrimination in the sale. rental or financing of housing; (i) any othernondiscrimination provisions in the specific statute(s) under which application for Federal usistance is being made: and a) the requirements of any other nondiscrimination statute(s) that may apply to the application. Subrecipient understands that acoeptancc of funds under this contract acts as mcepunce of the authority of duly authoringrepresentatives ofTSLAC, IMLS. the Comptroller General of the United States. and the Texas State Auditor’s Office. or any successor agencies, to conduct an audit or investigation in connection with those funds. Subrmipient furthcr agrcxs to cooperatefully with said representalives in the conduct of the audit or investigation and agnes to provide access to all books. documents, papers, examinations. excerpts. transcripts. copies. and any other records necessary to conduct the audit and/or investigation.Subrecipient will ensunthat this clause conceming thc authority to audit funds recei\'ed indirectly by subcontractors throudr Subrecipient. and the requirement to cooperale, is includcxI in the contract for any sutbgrant awarded. ltle Subrecipient alsorepresents and warrants that it \viII comply with -l'exas Govemment Code. 9321 .022. which requires that suspected fraud and unlawful conduct be reported to the Texas State Auditor's OfTice. SFy 2023 'fexu Reds Grant – TXR-23(X)6 3 of 7 TS LAC DowSign Envelope ID: B3991E3&469345Fl-A7A&5C26D2139C53 H.nIe Subrecipienl if a private entity. \viII comply with Federal la\v pertaining to tranlcking in persons.employees may not:Subrecipient and is Engage in severe forms oftrafficking in persons during the period of time that the a\yard is in efFect; Procure a commercial sex aa during the period oftime that the award is in efTecc or Use forced labor in the performance of the award orsuba\yards under the award 1.TIle Subrecipient agrees to maintain all financial and programmatic records. supporting documents. statistical records. and otha records relating to this grant award for three yurs after the last State Program Report for the Texas LSTA 5-Ymr Plan 20 18.2(22 is submitted (anticipated date of submission is January 29, 2024). This means the Subreciplent must maintain all grant-relanlrecords through January 29, 2027. In addition,Subruipients that operate as state agenciu must comply with (TexnGovernment Code, gUI.1855), relating to state agency contracting and the retention of all contract-related documents. In the event the Subruipient or receiving entity ceases to exist, the Subruipient will notify TSLAC in writingprovidhg thename of the legal entity that will maintain the records and the location of the records. nHs grant may be terminated by written noaa and mutual agreement of both parties. Tbc termination notice must be given m less than 30 days prior to the termination date. Where notice oftermination is given. the Subrecipient shall: 1. Take immediate steps to bring the \york or grant activities to a close in aprompt and orderly manner. Sybrccipien I will complete reporting nquircmcnts outlined in Swtion VII ofthis document and in a manner mutually agreed upon by both parties as partof the cioseout prowss. 2. Reduce expenses to a minimum and not undertake any forward commitmenl All contracted funds that are not spentencumbered or obligated at the time of notice oftumination shall re\'en back to 1-SLAC according to processes established in Section IV.H. ofthis document and according to a timeline mutually agreed upon by both parties. I'oss of all ofSubrecipient-s sufI prior to the end of the grant period or the termination date. whichever is earlier. does not relieve the Subrecipient of its obligation to fulfill all tunIS and conditions of the grant with regard to reporting requirements. retultion of records and requirements for disposition ofequil)ment and supplies. TIle parMa agree that no provision ofthis contract is in any uny intended to constitute a waiver by TSLAC or the State of Texas of any immunities from suit or from liability that TSI.AC or the State of-Fcxas may have by operation of latv. Tbc dispute resolution process provided in 1-was Govemment Code. Chapter 2009. is a\'zilablc to the parties to resol\"e any dispue arising under the agreement. J. K L. M. VIII.ENFORCEMENT Remedies for noncompliance. Ifa Subrecipient materially fails to comply with any term of the contract. whether staInI in a state or federal statute or rcgulation. an assurance in a state plan orapplication, a notice of an'ard. or elsewhere, TSLAC may take one or more of the following actions or impose other sanctions as appropriate in the circumstances: Temporarily withhold ash payments pending correction of the deficiency by the Subrccipicnt. or more severe enforcement action by TSLAC; 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 I 2 compliance: Wholly or partly suspend or terminate the current contract for the Subrecipient’s program; Withhold further awards for the program; or Take other remedies that may be legally available. B.Hearings, appeals. In taking an enfort=ment action, TSLAC xviII provide the Subrecipient an opportunity for such hearing. app mI.or other adminisaaive proceeding to which the Subrwipient is entitled under any statute or regulation applicable to the action involved. Appeal/protest procedures are outlined in the Texas Administrative Code (TAC). IIde 13. Part I. Chapter 2. SubchapterA. Rule 2.55 C.EWs ofsuspqnsion PId terminatbn. Costs to SubrecipiaR r6ulting from obligations incurTed by the Subrecipient during a suspension or after termination of an a\yard are not allowable unless TSLAC expressly authorizes them in writing. Othel Subrecipient costs incurred during suspension or after telrnination that are necessary and not reasonably avoidable are allowableif I. TIle costs relate to obligations that \rere properly incurred by the Subrecipient before the e11'ective dale of suspension ortermination and were not incurral in anticipation oFsusptTlsion or termination. and. in the case of a termination. the costsare noncdncclable; and. 2. The costs would be allowable if the d\yard were not suspended or expired normally at the end ofthe funding period in whichthe termination takn cfFLxt. Relationship to Debarment and Suspension – lbc enforcement remedil= identinul in this section. including suspension and termination. do not prtxludc Subrccipient from being subject to "Debarmcnt and Suspension" under Executi\ c Order 1 2549 (See TxGMS. AppendL\ 6. Dcbarment and Suspension) and state latv. D. SFY 2023 Tex© Reias Grant – TXR.23006 4 of 7 TS LAC DocuSign EnveloW ID: B3991E3&469345FI.A7A&5C26D2139C53 IX.coFfrAcrs AT TSL AC Questions or concerns about Dmgramm Mic issues, budea BIrd/qr Program rgvisions, pgrformpnc€ rgpprt§, $nd qqvipment/propertyshould be directed to: Bethany Wilson. Grants AdministratorPhone: 5 12-463.5527/ Fa\: 512- 9362306 E-mail: bw ilson'a,,tsI.tgxas.gov Questions or documentation relating to rwugsb for funds, Davmen}#, and financipl staRs should be dirwtcd to: Arturo VillarrcaI, Grants AccountantPhone: SI 2-463.5472 / Fa\: 5 1 2-475.0 185 E-mail: grant$.aG£ounting+.iHI,tQ\M.gOV Questions or concerns about advance on ments wd other finalgjal issues should be directed to: Rebecca Cannon, Manager. Accounting and GrantsPhone: 512.463-6626/ F&\: 512-475-0185 E-mail: rcannoneTbl,{gNP$.gOV Payments from Subrccipient to TSLAC. such as refunds and those for excess advanced funds or for interwt mmed on ad\’anctxi funds. should be mailed to the following aldress with an explanation of the purpose of the payment and the grant number: Grants Accountant Accounting and Grants Department Texas State Library and Archives CommissionPOBox 12516 Austin, TX 78711-2516 X.APPLICABLE AND GOVERNING LAW Tbc la\vs of the State of Texas shall govern this granl All duties of either party shall be legally performable in Texas. TIle applicable law for any legal disputes arising out of this contract shall be the law of (and all actions hereunder shaH be brought in) the State of Texas. and the forum and venue for such disputes shall be Travis County. District Court. Tbis grant contract is subject to the availability of funds. TSLAC may redum orterminare this grant contract when the availabilityof funding is nduced or eliminated. XI.GRANT CERTIFICATIONS TSI,AC ccrtifies that: (1 ) the sen'ices specified in the approved grant application and this contract are necessary and essential foractivities that are properly within the statutory functions and programs of the afFected organimtions; (2) the services, supplies cr materials contracted for are not ra]uircd by Seaion 21 of Article 16oflhe Constitution of Texm to be supplied under contract given to the Io\vest bidder; and, (3 ) the grant is in compliance with Te\as Government Code $441 .006. Texas Government Code $441 . 135: Texas Administrative Code, Title 13, Pan I . Chapter 2. Subchapter C, Division 4. Rules 2.4 1 tH.412 regarding the Texas ReadsGrant Program; Texas Administrative Code. Title 13, Part I. Chapter 2, Subchapter C. Division I, Rules 2.11 tH. 119 n8uding General Grant Guidelinu; the Library Services and I'uhnoloD Act (LSTA); the State Plan for the I.STA in Texu; and TxGMS. A 1 llc Subrecipient cenifies that all costs included in this grant award are properly allocable to federal awards on the basis of a beneficial or causal relationship between the expenses incurred and the agreements to which they are allocated in mcordancc with applicable requirements. The Subrecipient certifies that the same costs that havc bull auRal as indirect costs have not been claimed as direct costs. Similar types of costs have been accounted for consistently. and the negotiating agency will be notified of any accounting changa thaI would affect the pmdetermined rate. For any agreement exceeding $ 100.000. the Subrecipientcertines that no federal appropriated funds have been paid or \viII be paid, by or on behalf of the Subrecipient. to any person for influencing or attempting to innuenoe an officer or employee of any agency. a member ofCongrss. an officer or employee of Congress. or an employee of a member of Congress on its behalf in connaHon with the making of any Federal grant the entering into of any cooperative agrwment. and the extension. continuation, renewal,amendment, or modification of any Federal grant or cooperative agreement. If non. federal funds are used by Subncipicnt to conduct such lobbying activities, the Subrecipient shall promptly nIe the prescribed disclosure form. ltle Subrecipient acknowlcdgu ard agrees that it is responsible for ensuring that wch subrwipicnt and subcontractor cwtifies its compliance with the expenditure prohibition and the declaration requirement in compliance with 31 U.S.C. $ 1352. Subrecipient has provided to TSLAC the mandatory Internet Safety Certifimtion (Certification) that it is in compliance with requirements of the Children's Internet Protection Act (C-IPA) for any Federal funds under this grant that xviII be used to purchase computers used to access the Internet or pay for the direct costs of ar.cessing the Internet. Subrecipient agrees to collaR as required and appropriate. Certification forms from all libraries receiving benefits of Federal funds expended under this contracl F.Subrecipient certifiu tha neither subrecipient nor any of its principals (a) are pr6entl}’ excluded or disqualifIed: (b) have been convicted within the preceding three )'ws of any of the ofltnses listed in 2 CFRj180.800(a) or had a civil judgment rendered against it or them for oneof those offenses within that time period; (c) are presently indicted for or otherwisecdminaIly or civilly charged by a govemmental entity (Federal. State, or local) with commission of any of the ofFenses listed in 2 CFR §180.8(mCa): SFY 2023 Texu Rcds GwR – TXR.23006 5 of 7 TSLAC DocuSign Envelope ID: B3991E3&469:145Fl-A7A&5C26D2139C53 or (d) have had oneor more public transactions (Federal. State. or local) terminated within the preculing three years for cause a default Wlrere the Subrwipient is unable to certify to an) of the statements in this certificadon, the Subrecipient shall attach an explanation to these Certifications. The Subrecipient certinn all applicable activities related to this grant will be in compliance with the Copyright Law of the UnitedStates (Title 1 7. U.S. Code). In addition to Federal requirements. state law requirc= a number of assurances from applicants for Federal pass.through or otha state-appropriated funds (TxGMS. Appendix 6. Uniform Assumncls by Lncal Governments). Tbc Subrecipient hereby reprncnts and warrants its compliance with all applicable required assurances. Tbc subrecipient cenifies that it will comply with drug-free workplace requirements in Subpan Bof 2 CFR 3186. which adopts the government- Iride implementalion (2 CFR 182) of Sections 5152-515 of the Drug-Free Workplace Act of 1988 (P.L. 100-690, Title V. Subtitle D; 41 U.S.C. $ f 701–707). Ttlis includes. but is not limited to: making a good faith efFort on a continuing basis. to maintain a drug.free workplace: publishing adrug-free workplace statement: establishing a drug-free awareness programfor employees: taking actions conceming employees who are convicted of violating drug statutes in the workplace; and identifying (either at the time of application or upon a\yard. or in documents kept on file in the recipient's offices) all known workplacu under Federal a\yards. TIle Subrecipient repmscrlts and uwrants thaI it will comply. and assure compliance ofall iLS subrecipients and contractors, with all applicable federal and state laws. rul6. regulations. and policin in efFect or hereafter established. In addition. Subrwipient reprcsents and warrants that it \\'iII comply with all requirements imposed by the a\\'arding agency concerning spocial requiremen6 of law, program requirements. and other administrative mquirements. In instances where multiple requirements apply to Subrecipienl the more r6uicti\'e requirement applies. TIle Subrwipient represents and u arrants its compliance with Texas Government Code. §2054.5191. relating to the c}’bersecurity training program for local government employees who have access to a local government computer system or database. nIC Subrecipient reprnents and warrants its compliance with 2 CFR 9200.113. which requirn the disclosure in writing ofviolations of federal criminal la tv involving fraud. bribery. and grdtuity and the reporting of certain civil. criminal. or administrative proceedings to SAM. TIle Subncipicnt npr6ents and warrants that it will comply with Texas Government Code. 92252.906. relating to disclosure protections for certain charitable organizations. charitable trusts. and private foundations. In accordance with Texas Government Code. 6669.003. relating to contracting with the execulive head of a state agency.Subrecipient cenines that it is not (1 ) the executive head ofTSLAC. (2) a person who at any time during the four years before the date of the contract or grant was the executive head of TSLAC. or (3) a person \rho employs a current or former executivehead of 'l-SLAC. lbc Subrocipient repksents that it possesses legal authority to ,ipply for the grant. A resolution. motion or similar action has beenduly adopted or passtxl as an official act ofSubrecipient's governing body. authorizing the liling of the agreemenl including all understandings and assurances contained therein. and directing and authorizing the person identified as the onlcial representative, or the designcc of Subrecipient to act in connection with the agr,xment to provide such additional information as may be required. Tbc Subrwipient represents and warrants that I'SLAC's payments to Subrecipient and Subrecipient's receipt of funds under the contract or grant are not prohibited by 'l'exas Government Code. $g 403.1067 or 556.0055. which rntrict lobbying expcndituru. TIle Subrecipient ra>resents and u'arrdnts thaI performance under the contract or grant will not constitute an actual or potential conflict of interest or rusonably aeBC an appearance of impropriety. TIle Subrwipient has not given, or ofFered to give. nor doa Subncipient intend to give at an) time hertnftcr. any economic opportunity, future employment gift, loan, gratuity. special discount trip. favor, or sen'ice to a public servant or employee ol'TSLAC. at any time during the negotiation ofthis contract or in connection with this contract except as allou'ed under relevant state or federal la\v . Further, the Subrecipient represents wld warrants that in the administration ofthe grant. it will comply with all conflict ofinterutprohibitk)ns and disclosure requirements required by applicabb law. rules. and policies. including Chapter 176 of the Texas Loud Government Code. Ifcircumstances change during the course ofthe contrwt or granl Subrccipient shall promptly notify TSLAC. 1]re Subrecipient \viII u[ablish safeguards to prohibit its employes from using their positions forapurpose that constitutu or prwents the appearance ofa personal or organizational conflictof interest or personal gain. ’FIle Subrecipient will operate u'ith complete indq>endcnce and otljectivity without an actual. potential or apparent conflict of interest with respect to its performance under this contract. Tlle Subrecipient must disclose. in writing, within fincen ( 15)alendar days of discovery. any existing or potential conflicts of interut relati\'e to its performance under this contract. TIle Subrecipient represents and warrants its compliance with the Federal awarding agency's a)nnict of interest policies in accordance \r hh 2 CFR $ 200. 1 1 2. G. H. 1. J. K. 1.. M. N. 0- P. Q. S FY 2023 Texa Reds Grant – TXR-23006 6 of 7 HLAC DowSign Envelope ID: B3991E3&469&45Fl-A7A&5C26D2139C53 SUBRECIPIENT (Continued)ArrEST: Rosa Rios, City Secretary 9/14/2022 Date THIS AGREEMENT HAS BEEN BOTH REViEWED AND APPROVED as to financial and operational obligations and business terms. DoeuSIOMd by:I „„#„” ,86A2AIEB5A3F48F 9/14/2022 Jennifer iekker, Director of Libraries – Denton Public Library APPROVED AS TO LEGAL FORM : MACK REINWAND, CITY ATTORNEY DocuSblnd bF ihaWL£hMh .48070831&4AA438BY: Marcella Lunn, Deputy City Attorney 9/14/2022 Date DocuSlgn Envelope ID: B3991E384 XIII. SIGNATURES 69b45FI.A7A&5C26D2139C53 TIle undersigned hereby execute this contract. GRAVrOR Texas State Library and Archivu Commission SUBRE(,IPIENT City of Dalton, Denton Public Library Gloria Meru Director and Librarian Date Donna Osborne. Chief Financial Ofllcer [) G1t e Signature (oftlcial empowered to enter into contracts) Typcwriucn or Printed Name TItle Dale Date SFY 2023 Texas Reixls Grant - TXR.23(Xh 7 of 7 TS LAC