22-R-69 - Authorizing CM to enter into agreement with Texas State Library and Archives Commission - reimbursement of expensesRESOL UTION NO. 22 -R -69
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT WITH TEXAS STATE LIBRARY AND
ARCHIVES COMMISSION RELATING TO THE REIMBURSEMENT OF
EXPENSES INCURRED THROUGH THE LENDING OF SCHERTZ
PUBLIC LIBRARY MATERIALS TO OTHER LIBRARIES.
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City enter into an agreement with Texas State Library and Archives Commission (TSLAC)
relating to the Interlibrary Loan (ILL) Lending Reimbursement Program; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
contract with TSLAC pursuant to the ILL Lending Reimbursement Terms & Conditions in order
to accept reimbursements to the General Fund attached hereto as Exhibit A (the "Agreement ").
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
The City Council hereby authorizes the City Manager to execute and deliver the Agreement with
TSLAC in substantially the form set forth on Exhibit A.
The recitals contained in the preamble hereof are hereby found to be true, and such recitals are
hereby made a part of this Resolution for all purposes and are adopted as a part of the
judgment and findings of the City Council.
All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this
Resolution are hereby repealed to the extent of such conflict, and the provisions of this
Resolution shall be and remain controlling as to the matters resolved herein.
This Resolution shall be construed and enforced in accordance with the laws of the State of
Texas and the United States of America.
If any provision of this Resolution or the application thereof to any person or circumstance shall
be held to be invalid, the remainder of this Resolution and the application of such
provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
It is officially found, determined, and declared that the meeting at which this Resolution is
adopted was open to the public and public notice of the time, place, and subject matter of
the public business to be considered at such meeting, including this Resolution, was given,
all as required by Chapter 551, Texas Government Code, as amended.
This Resolution shall be in force and effect from and after its final passage, and it is so resolved.
PASSED AND ADOPTED, this) 'day of - tC , 2022.
r j I
CITY OF SCHERTZ, TEXAS
Ralp i rutier - z, Mayor
ATTEST:
Rreiida Dennis, City Secretary
(CITY SEA
5023481Ll
EXHIBIT A
INTERLIBRARY LOAN LENDING REIMBURSEMENT
PROGRAM AGREEMENT
50234811.1 A -3
TEXAS STATE LIBRARY INSTITUTE of
MuseumandLlbrary
ARCHIVES COMMISSION SERVICES
SFY 2022 ILL LENDING REIMBURSEMENT PROGRAM
GUIDELINES AND TERMS & CONDITIONS
QUESTIONS? Contact Sara Hayes at shavesetsl.texas.aov. .
Program Description
The Texas State Library and Archives Commission (TSLAC) supports a statewide interlibrary loan program for
accredited public libraries to help assure that Texans will have access to shared library resources to meet
learning and information needs.
The Interlibrary Loan Lending Reimbursement Program helps support Texas libraries with partial
reimbursements for direct, out -of- pocket costs associated with participating in statewide resource sharing
such as staff time, postage costs, courier subscriptions, and shipping material costs.
The reimbursements apply to lends made between August 1, 2021— July 31, 2022. While dispersed after the
end of SFY 2022, the reimbursement payments do need to be applied to costs associated with resource
sharing costs expended during the time lends were made. Please discuss this program with your legal
entity's accounting office so they are aware this is federal money and, if approved, to expect the payment
after the end of the state fiscal year on August 31, 2022.
Award Information
The reimbursements are sub awards (or pass- through awards) of the Grants to States program from the Texas
State Library and Archives Commission's federal funder, Institute of Museum and Library Services (IMLS).
Federal Award Identification # (FAIN): LS- 249990- OLS -21
Federal Award Date: January 19, 2021
Assistance Listing Number/Title: 45.310 State Library Program
Eligible participants will receive a flat rate reimbursement for each lend provided to other Texas libraries
through the Navigator ILL system between August 1, 2021— July 31, 2022.
Participants will maintain financial records and supporting documents relating to this program and award
(shipping receipts, staff time documentation, courier, and cataloging invoices, etc.) for three years after the last
State Program Report for the Texas LSTA 5 -Year Plan 2018 -2022, is submitted on January 29, 2024.
Participants need to maintain their records through January 29, 2027.
Eligibility Information
Accredited Texas public libraries, through their governing authority (city, county, board, or district), who are live
on Navigator and lending through that system are eligible to apply for a reimbursement payment through this
program.
Texas academic libraries that have agreed to lend materials to Texas public libraries through the Texas Group
catalog are also eligible for reimbursement payments based on the number of lends made to Texas Navigator
SFY 2022 ILL LENDING REIMBURSEMENT PROGRAM
libraries during the eligible lending period.
Libraries must lend items to other Texas public libraries using OCLC's Navigator system to be eligible for a
reimbursement. OCLC will provide Navigator lending statistics to TSLAC for calculating reimbursement.
Before submitting an application, applicant organizations must have a current and active federal Unique Entity ID
(UEI). The federal government uses a unique identifier for each entity (company, non - profit, organization, etc.)
that does business with the federal government. For more than two decades, Dun & Bradstreet's Data Universal
Numbering System (DUNS) served as the unique entity ID. On April 4, 2022, the federal government completed
the transition to a new UEI issued within the System for Award Management (SAM). The DUNS number is no
longer be an accepted UEI.
If you are currently registered in SAM.gov, you've already been assigned a SAM Unique Entity ID. It's viewable on
your entity registration record in SAM.gov. If you have never registered at SAM.gov or have never applied for a
grant with TSLAC or other state or federal agency, you will need to initiate the process of obtaining a SAM UEI at
SAM.gov.
To get started registering your entity, to renew your registration, or for more information, visit or to
refer to the Quick Start Guide for Getting a Unique Entity ID, published by the US General Services
Administration (GSA).
Libraries' legal entities must also have an Active Direct Deposit Account and Texas Identification Number on file
at TSLAC.
State agencies /universities will be asked for additional information by TSLAC's grants accountant.
There is no requirement for cost sharing, matching funds, or cost participation with this program.
Application and Submission Information
TSLAC uses an online grant management system or GMS that enables applicants to apply for grants electronically
through a web portal at https:/Igrants.tsi.texas.gov. Applications and required documents must be submitted in
GMS by the due dates to be eligible for consideration. To submit your application online, you must have an active
GMS account. To create or activate an account, please have your library director submit a completed GMS Import
Template (https: / /www.tsl. texas .gov /ldn /grants /forms - tools) to shayes @tsl.texas.gov. The e-mail should
reference "GMS Access" in the subject line. TSLAC staff will review the request and grant appropriate access.
If there are accessibility issues or concerns, participants may request paper copies of certain materials from Sara
Hayes, ILL Coordinator, via e-mail at shayes @tsl.texas.gov.
Application Components:
1. Opt into the program through the GMS portal and printout the system generated Participation Signature
form.
2. Complete and submit the Participation Signature form in the Grant Management System portal by July 14,
2022. *Signed by appropriate Legal Entity (City, County, Library Board, University)
3. Complete and submit a Performance Certification form in the Grant Management System between
August 17 -31, 2022, after receiving the library's award amount from TSLAC mid - August.
*Signed by Library Director
SFY 2022 ILL LENDING REIMBURSEMENT PROGRAM
4. Complete and submit a Single Audit Certification form and submit to TSLAC by December 31, 2022.
Required forms are available in the GMS portal at, under the Documents tab in the folder titled
"2022 ILL Lending Reimbursement Program ".
Forms submitted after stated deadlines may not be considered for reimbursement.
Submit forms:
Through TSLAC's Grant Management System portal at grants.tsl.texas.gov.
Program Timeline
May 3, 2022: Webinar: FY 2022 ILL Lending Reimbursement Program Overview for Texas Libraries, 10:00 a.m. -
11:00 a.m. Register here.
May 3, 2022: Access opens to opt -in to the FY 2022 ILL Lending Reimbursement Program in the Grant
Management System (GMS) portal.
July 14, 2022: Deadline to submit completed Participation Signature form in the GMS portal, signed by authorized
legal entity signatory.
August 17, 2022: TSLAC will notify libraries of total eligible lends and award amounts and begin accepting
Performance Certification forms through the GMS portal.
August 31, 2022: Deadline to submit completed Performance Certification form in GMS, signed by Library
Director.
September 2022: Reimbursement payments dispersed to legal entities (cities, counties, universities).
SFY 2022 ILL LENDING REIMBURSEMENT PROGRAM
Texas State Library and Archives Commission
Library Services and Technology Act (LSTA) — Terms and Conditions
I. GENERAL TERMS AND CONDITIONS
A. The Subrecipient will comply with all applicable federal and state laws and any other requirements relevant
to the performance of Subrecipient under this contract, including the following rules and guidance as
applicable:
1. Texas Grant Management Standards (TxGMS) (https.Ilcomptroller.texas.gov/purchasinglgrant-
management/); and
2. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2
CFR §200 and §3187 (Supercircular)) ( https.Ilfederalregister.govlal2013- 30465).
B. The Subrecipient may copyright any work that is subject to copyright and was developed, or for which
ownership 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)
C. All publicity relating to the grant award must include acknowledgment of the Institute of Museum and
Library Services (www.imis.gov /recipients /imis 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.
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 of
race, color, or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C.
§ §1681 -1683, and § §1685- 1686), that prohibits discrimination on the basis of sex; (c) Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. §794), that prohibits discrimination on the basis of
disability and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as
amended (42 U.S.C. § §6101- 6107), that prohibits discrimination on the basis of age; (e) the Drug Abuse
Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of
drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91 -616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) §523 and §527 of the Public Health Service Act of 1912 (42 U.S.C. §290 dd -3 and §290 ee -3),
as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil
Rights Act of 1968 (42 U.S.C. §3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or
financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which
application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination
statute(s) that may apply to the application.
E. 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 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 investigation and agrees 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 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.
SFY 2022 ILL LENDING REIMBURSEMENT PROGRAM
H. The Subrecipient, if a private entity, will comply with Federal law pertaining to trafficking in persons.
Subrecipient and its employees may not:
1. Engage in severe forms of 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
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 2018 -2022 is submitted (anticipated date of submission is January 29,
2024). This means the Subrecipient must maintain all grant - related records through January 29, 2027. In
addition, Subrecipients that operate as state agencies must comply with (Texas Government Code,
§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 the records and the location of the
records.
Loss of all of Subrecipient's staff 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 terms and conditions of the grant with
regard to reporting requirements, retention of records and requirements for disposition of equipment and
supplies.
K. The parties agree that no provision of this contract is in any way intended to constitute a waiver by TSLAC or
the State of Texas of any immunities from suit or from liability that TSLAC or the State of Texas may have by
operation of law.
L. 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
M. The Subrecipient agrees to submit an audit certification form for the auditable period including August 31,
2022, to TSLAC no later than December 31, 2022, or other deadline as specified by TSLAC.
N. 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.
0. TSLAC reserves the right to withhold final payment on this Grant until all required reports and forms are
received.
II. GRANT CERTIFICATIONS
A. The Subrecipient certifies by this contract that no Federal appropriated funds have been paid or will be paid,
by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the making of any Federal grant, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal grant or cooperative agreement. If any funds other than Federal appropriated funds have been paid
or will be paid for such purpose, the Subrecipient shall complete and submit OMB form SF -LLL, Disclosure of
Lobbying Activities, in accordance with its instructions. The Subrecipient shall require that the language of
this certification be included in the award documents for all subawards at all tiers (including subgrants,
SFY 2022 ILL LENDING REIMBURSEMENT PROGRAM
contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify
and disclose accordingly, as specified in 31 U.S.C. §1352.
B. 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.
C. 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).
D. In addition to Federal requirements, state law requires a number of assurances from applicants for Federal
pass- through or other state - appropriated funds. (TxGMS, Appendix 6, Uniform Assurances by Local
Governments)
III. ENFORCEMENT
Remedies for noncompliance. If 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:
i. Temporarily withhold cash payments pending correction of the deficiency by the Subrecipient, or
more severe enforcement action by TSLAC;
ii. 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;
iii. Wholly or partly suspend or terminate the current contract for the Subrecipient's program;
iv. Withhold further awards for the program; or
v. 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 of Subrecipient resulting from obligations incurred by the
Subrecipient during a suspension or after termination of an award are not allowable unless TSLAC
expressly authorized in the notice of suspension or termination, or subsequently. Other Subrecipient
costs during suspension or after termination that are necessary, and not reasonably avoidable, are
allowable if:
The costs resulting from obligations that were properly incurred by the Subrecipient before the
effective date of suspension of termination are not in anticipation of it and, in the case of a
termination, are non - cancelable; and,
ii. 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 Subrecipient from being subject to
"Debarment and Suspension" under Executive Order 12549 (See TxGMS,Appendix 6, Debarment and
Suspension) and state law.
SFY 2022 ILL LENDING REIMBURSEMENT PROGRAM