23-R-50 Agreement with Texas State Library and Archives CommissionRESOLUTION NO. 23-R-50
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, no single library can own every item its users may want to access, formal
lending systems between libraries known as Interlibrary Loan (ILL) were established in order to
provide access to resources beyond a local library's holdings; and
WHEREAS, the Texas State Library and Archives Commission (TSLAC) manages the
state-wide ILL program, including the disbursement of Federal grant funds intended to reimburse
expenses incurred by participant libraries who act as lenders of library materials to other
participants; and
WHEREAS, the Schertz Public Library participates in the state-wide ILL program as both
a borrower and a lender; and
WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the
City enter into an agreement with TSLAC relating to the 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:
Section 1. 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.
Section 2. 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.
Section 3. 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provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions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.
Section 4. This Resolution shall be construed and enforced in accordance with the laws of the
State of Texas and the United States of America.
Section 5. 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.
Section 6. 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.
Section 7. This Resolution shall be in force and effect from and after its final passage, and it
is so resolved.
PASSED AND ADOPTED, thigo day o �� 3.
CITY OF SCHERTZ, TEXAS
Ralp utierre , Mayor
ATT
J �
�i
S ila Edmondson, City Secretary
(CIT)
50234811.1
EXHIBIT A
INTERLIBRARY LOAN LENDING REIMBURSEMENT PROGRAM AGREEMENT
50234811.1 A-1
TEXAS STATE LIBRARY x••:•:: INSTITUTE of
AND
- ••::e MuseumandLibrary
12_ ARCHIVES COMMISSION �.s:`; SERVICES
SFY 2023 ILL LENDING REIMBURSEMENT PROGRAM
GUIDELINES AND TERMS & CONDITIONS
QUESTIONS? Contact Sara Hayes at shay.;s0tsl_texas.aov .
Program Description
The Texas State Library and Archives Commission (TSLAC) supports a statewide interlibrary loan program for
accredited public libraries to help libraries meet the learning and information needs of their communities by
providing Texans access to shared library resources that may not be available locally.
The Interlibrary Loan Lending Reimbursement Program, a non-com petitive g rant, helps supportTexas libraries
with partial reimbursements for direct, out-of-pocket costs associated with participating in statewide
resource sharing, including costs for staff time, postage costs, courier subscriptions, and shipping material
costs.
The reimbursements apply to lends made to Texas libraries using the Navigator system between August 1,
2022—July 31, 2023. While dispersed after the end of SFY 2023, the reimbursement payments do need to be
applied to costs associated with resource sharing costs expended during the time lends were made. i lea s-:
discuss this program with your legal entity's accounting office so they are aware this program involves
federal funds and, if approved, to expect the payment after the end of the state fiscal year on August 31,
2023.
Award Information
The reimbursements are subawards (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-252486-OLS-22
Federal Award Date: April 8, 2022
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, 2022 —July 31, 2023.
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. The deadline for the
current 5-year plan report is January 29, 2024, so participants will need to maintain their records through
January29, 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.
SFY 2023 ILL LENDING REIMBURSEMENT PROGRAM
Texas academic libraries that have agreed to lend materials to Texas public libraries through the Texas Group
catalog area Iso eligible for reimbursement payments based on the number of lends made to Texas Navigator
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 applying, 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 SAM.gov or
to refer to the Quick Start Guide for Gettin. a Unique Entit AD, published by the US General Services
Administration (GSA).
Libraries' legal entities must also have an Active Direct Deposit Account and Texas Identification Number
(TIN) on file at TSLAC. More information on TIN is available on the Texas Comptroller of Public Accounts'
webpage here: htt s: fmx.c a.texas. ov fmx/trainin in tins 0102.: h
State agencies/universities will be asked for additional financial information byTSLAC'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://krantLtsi.texas.Eov. 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)toshayes@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.
AE r lication Components:
1. Opt into the program through the GMS portal and printout the system generated Participation
Signature form.
2. Complete and submit the signed Participation Signature form* in the GMS portal by July 14, 2023.
SFY 2023 ILL LENDING REIMBURSEMENT PROGRAM
*Signed by appropriate Legal Entity (City, County, Library Board, University)
3. Complete and submit a signed Performance Certification form* in the GMS between August 17-31,
2023, after receiving the library's award amount from TSLAC mid -August.
*Signed by Library Director
4. Complete and submit a Single Audit Certification form and submit to TSLAC by December 31, 2023.
Form will be distributed in November/December 2023.
Requiredforms are available in the GMS portal at F,rants.tsl.texas.gov under the Documents tab in the folder
titled "2023 ILL Lending Reimbursement Program."
Forms submitted after stated deadlines may not be considered for reimbursement.
Submit forms:
ThroughTSLAC's GMS portal at grants.tsl.texas.r,ov.
Program Timeline
April 26, 2023: Webinar: FY 2023 ILL Lending Reimbursement Program Overview for Texas Libraries,
10:00a.m.-11:00a.m. Register here. A link to the recorded webinar will be available following
the live program.
Apri126, 2023: Access opens to opt into the FY 2023 ILL Lending Reimbursement Program in the Grant
Management System (GMS) portal.
July 14, 2023: Deadline to submit a signed Application Signature form in the GMS portal, signed by
authorized legal entity signatory.
August 17, 2023: TSLAC will notify libraries of total eligible lends and award amounts and begin
accepting Performance Certification forms through the GMS portal.
August 31, 2023: Deadline to submit completed Performance Certification form in GMS, signed by
Library Director.
September 2023: Award letters sent out and reimbursement payments dispersed to legal entities
(cities, counties, universities).
SFY 2023 ILL LENDING REIMBURSEMENT PROGRAM
Grant Program *
ILL Lending Reimbursement
Application Number
903674
Name *
Schertz Public Library
798 Schertz Pkwy Schertz T:
Library Director
Melissa Uhlhorn
Contact *
Melissa Uhlhorn
Email:
muhlhorn@schertz.com
Phone Number:
Legal Entity
City of Schertz
1400 Schertz Pkwy Scher
Employer
Identification Number
Federal Unique Entity
ID
WPI9CJPW5PK5
Assistance Listing:
45.310 Grants to States
Federal Award
Number:
LS-252486-OLS-22
The library and legal entity agree to the Texas State Library and Archives Commission's ILL Lending Reimbursement 2023 guidelines and
❑ LSTA Terms & Conditions and understand funds will be dispersed after the end of SFY 2023. Name, Title, and Signature of an individual
authorized to enter into contact on behalf of your library s legal entity (County Judge, Mayor, City Manager, Library Board President,
Provost, etc.)
Name:
Title:
Signature: Date:
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) (hops://comptroller. texas.gov/purchasing/grant-
management/); and
2. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2
CFR §200 and §3187 (Supercircular)) (https://federalregister.gov/a/2013-30465).
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 understandsthat IMLS and TSLAC reserve a
royalty -free, nonexclusive a nd 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 Libraryand
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 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 basis of sex in education programs; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29
U.S.C. §701 et seq., including §794), which prohibits discrimination on the basis of disability and the
Americans With Disabilities Act of1990; (d)theAge Discrimination in Employment Act of 1975, as amended
(42 U.S.C. §§6101 et seq), which 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 onthe basis of drug abuse;
(f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatmentand Rehabilitation Act of-1970
(P.L. 91-616), as amended, relating tothe 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 Vlll of the Civil Rights Act of
1968 (42 U.S.C. §3601 et seq.), as amended, relatingto nondiscrimination in the sale, rental orfinancing 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, I MLS, 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 toall books, documents, papers, examinations,
excerpts, transcripts, copies, andany 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
SFY 2023 1LL LENDING REIMBURSEMENT PROGRAM
subcontractors through Subrecipient, and the requirement to cooperate, is included in the contract for any
sub -grant awarded.
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.
G. The Subrecipient agrees to maintain all financial and programmatic records, supporting documents,
statistica I records, and other records relating to this grant award for three years after the last State Program
Report forthe Texas LSTA5-Year Plan 2018-2022 is submitted (anticipated date of submission is January29,
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.
H. 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 tofulfill all terms and conditions of the grant with
regard to reporting requirements, retention of records and requirements for disposition of equipment and
supplies.
I. The parties agree that no provision of this contract is in anyway intended to constitute a waiver byTSLAC or
the State of Texas of any immunities from suit or from liabilitythat TSLAC orthe State of Texas may have by
operation of law.
J. The Subrecipient agrees to develop or revise, as necessary, any s pecific 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.
K. The Subrecipient agrees to submit an audit certification form for the auditable period including August 31,
2023, to TSLAC no later than December 31, 2023, or other deadline as specified by TSLAC.
L. 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 submittedto the Federal
Audit Clearinghouse (FAC) within the earlier of 30 days after receipt of the auditor's report(s), or nine
months afterthe end of the audit period, unless a longer period is agreed to in advance bythe state agency
that provided the funding or a different period is specified in a program -specific audit guide.
M. TSLAC reserves the right to withhold final payment on this Grant until all required reports and forms are
received.
II. GRANT CERTIFICATIONS
A. For any agreement exceeding $100,000, 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
SFY 2023 ILL LENDING REIMBURSEMENT PROGRAM
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, 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 will comply with drug -free workplace requirements in Subpart 8 of 2 C.F.R. part
3186, which adopts the Governmentwide implementation (2 C.F.R. part 182) of Sections 5152-5158
of the Drug -Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106). This includes, but is not 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.
D. 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).
E. In addition to Federal requirements, state law requires a number of assurancesfrom applicants for Federal
pass -through or other state -appropriated funds. (TxGMS, Appendix 6, Uniform Assurances by Local
Governments)
III. ENFORCEMENT
a. 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:
L 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, Pa rt 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:
SFY2023 ILL LENDING REIMBURSEMENT PROGRAM
ro
i. 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,
i. The costs would be allowable if the awardwere not suspended or expired normally at the end of the
funding period in which the termination takes effect.
Relationship to Debarment and Suspension..The
including suspension and termination, do not
"Debarment and Suspension" under Executive Or
Suspension) and state law.
enforcement remedies identified in this section,
preclude Subrecipient from being subject tc
der 12549 (See TxGMS,Appendix 6, Debarment and
SFY 2023 ILL LENDING REIMBURSEMENT PROGRAM