Loading...
HomeMy WebLinkAboutC2006-396 - 8/29/2006 - Approved TEXAS STATE LIBRARY & ARCHIVES COMMISSION INTERLIBRARY LOAN CENTER GRANT Grant Number: 771-07040 l) ~~~ I. CONTRACTING PARTIES Grantor: Grantee: Texa~ State Lbrary ano .'\n:hlves CommiSSion ITSLAC) City of Corpus Chnsti. Corpu~ Christi Public Library X05 Comanche Corpus Christl. Texas 7X4P I P~CEI\f1-~ '~'.J i A J_= L~ September I. 2006. to .;ugust \ I. 2007 SEP 1 '~ alii 4CCOUNTING II. TERM OF GRANT III. STATEMENT OF SERVICES TO BE PERFORMED Grant-funded activities ~hall pn,vide services outlined in the approved Interlibrary Loan Center grant application. The Grantee will l:omply dunng the period nf this contract and provide services as outlined within the approved grant application (Interlibrary Loan Cl'nter Grant for State FY07l as approved by the Grantor. The approved grant application submitted by Grantee becomes part of this contract by thIS reference \ Grantor will reimburse Grantee for expenses incurred in processing and filling interlibrary loan (ILL) requests for library materials and II1fol'mation Iro!11 public. academic. and special libraries and for processing ILL requests origll1atll1g with the grantee. Grantor will also reimburse Grantee for providing OCLC system use support to Texas Group selectIve user librarIes in the Grantee' s service area. B. Grantee will provide free Interlibrary loan ~ervice according to the operating procedures set by Grantor. C Grantee will empluy the fldlowmg full-time equivalent IFTE) positions. whose work assignments are exclusively to prOVIde mterlibraf\ loan sl'rvices I FTE Library ASSlsant II I FTF Senior Library Aide 1 FTF Senior Library Aid\ D Grantee will provlde telephone 11I1el~) Jirectly into the interlibrary loan office. telephone extension to local library telephones. and permit the computer( s) tu be connected without charge to access OCLC or other appropriate technolugy. E. Grantee agrees to provide rapiJ aml convenient access to its catalog of holdings and its circulation system for use without charge by the prolect staff r The budget allocations are based on the following performance objectives: 1. Fill 14,700 mterlibrary loan requests from the Grantee's resources. 2. Process 34,O()() interlibrary loan transactions. 3. Maintain an average response time of 24 hours for mterlibrary loan requests. 4. Maintain a maxImum turnaround time of 8 days for requests from the region filled by the Grantee. 5. Maintain a maximum turnaround time of IS days tor requests referred to and filled by other libraries. 6. Mamtain contractual obligations with Clio for whIch funds have been provided for within grant budget. 7. Maintain contractual obligations with TExpress for which funds have been provided for within the grant budget. G. Grantee will comply during the period of thIS contract with its approved Interlibrary Loan grant application. H. Grantee agrees. upon written request of Grantor. to participate fully in any special study, survey, or other research and testmg which is designed to evaluate or improve interlibrary loan policies, procedures, or management. IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS 'T"'. ~ ..! .m",," ,t the> mant shall not exceed: $157.060 2006-396 08/29/06 Res026947 Tx State Library and Archives I "f ~ ~ Changmg the scope or objectives of the approved program. regardless of whether there is an associated budget revision A change III scope is a subsLlI1tivt' difference III the approach or method used to reach program objectives. ( Changes In the Item~ listed under till' followlllg cost categories are required if an item's cost or features are ~ubstantially different from wnat the approved grant application specifies. or from a previously approved fiscal or program reV ISlon Note \Vritll~n pnor approhtl is required for ALL changes involving the purchase of computer l':ljUipmelll ()! Internet 'erVlce~ In addition. C,lantee mu~t complv with Internet Safety Certification requirements. as lurther outlined in Section XII )f thi~ cOlltrad Pre-award Co~t~ None 2. Insurance (if not requIred by the grant \ None 3. Rearrangements and Alterations of Facilities None 4 Euuioment/Pn~ None VI. EQUIPMENT AND PROPERTY REQUIREMENTS A All changes to items listed in the Equipment/Property category specified in Section IV. I. of this contract require written pnor approval. This category includes equipment. furniture. library materials, etc., purchased wholly or in part with grant funds. The approved budget amount listed in Section IV.1. plus any subsequently approved Budget and/or PrOlram Revisions. ~iJl be the total approved equipment expenditure amount. This 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 aCljuired Ancillary charges. ',uch as taxes. duty. protective in-transit insurance, freight, and installation may be included in. or excluded fr1)m the expenditure cost in accordance with the Grantee's regular accounting practices and Generally Accepted Accounting Practices (GAAP) B The Grantee will comply with UGMS Part Ill. Subpart C. Sec.~2 (d)(3) which requires certain items of equipment to he maintamed on inventory if tile item's ~'OSI is above $500. C The Grantee agrees to submll the TSLAC EquipmenUProperty Acquired Form with the Final FSR, no later than October 31, 2007. for all equipment/property purchased with grant funds during the FYO? grant year. This list must balance with the equipment/property purchased under the approved grant application and all subsequently approved Budget and/or Program Revisi,ms. D Grantee must furnish a statement to Grantor ,:ertifying the governing entity's capitalization level with the approved grant application or the first RFF submitted. Grantee agrees to maintain records on all equipment/property with an acquisition cost above governt ng en! ity'~ caplla lization level. F Subject to the obligations and ,:ondition~ set forth in the UGMS Part III, Subpart C. Sec. 32, title to equipment acquired under a grant will vest in the Grantee upon acquisition. Grantee must include any equipment/property acquired with grant funds III the reqUIred bi-annual property mventory. and follow the UGMS Part III, Subpart C, Sec. 32 (d) that requires the Grantee (ll reconcile the equipment/property records with a physical inventory of the equipment/property every two years. This bi-annual inventory does not need to he submitted III Grantor. but must be maintained by the grantee and will be subject tll review by Grantor. When property is vested in the Grantee. Grantee will dispose of equipment/property in accordance With the UGMS P,lrt III. Subpart C Sec. 32 Ie). When the Grantee has been given federally- or state-owned equipment/property. Grantee ~ilJ follow Ihe UGf\.1S Part Ill. Subpart C. See 32 (t). VII. REPORTING REQUIREMENTS The State Legislature has charged the Grantor \\,Ith submitting performance measurement reports that specify the level of services provided by Its programs and services. In accepting these grant funds, the Grantee acknowledges responsibility for performing certain services ,)II behalf of the Grantor. as outlined in the approved Grant Application. Therefore, the Grantee 1~ responsible for submitting peflodic rep(lrts that retlect Ihe Grantee's level of performance on these services to the (rrantor. To comply with these reliuirements. the Cirantee agrees to submit reports that are timely, accurate, auditable, and c'onsistent WIth definitions FY 2(!i)7 ILL Grant l ." ' A The Grantee agrees to submit ILL statistics to Grantor monthly. Grantee will maintain a record of each interlibrary loan request submitted to ottler Iibranes. B The Grantee agrees to submit iurnaround time data records to Grantor within two weeks of the completion of the data records. C TSLAC has provided the OCLC Interlibrary jlJan tool, llLlad. to particular Grantees for the purpose of facilitating the ILL proce'-s GranteesNho ha\ e been pmvided this tool wIll pmvlde quarterly narrative progress reports detailing steps taken to 1ully Implement the u,e of OCLC', 1I.I.Iad Interlibrary loan management software tool. The progress reports will be e\ aJuated by Grantor tl certlfy tllat Grantee has maul' reasonable efforts to collaborate in a timely fashion with Grantor 11 ensure etlil.tent and effective llllpll'1nentatioll of the tool Grantor is hosting the ILLiad server to benefit program partICipants. ,1l1d !lmtly implementalilln is reqUIred tll achieve full benefits of the software application. The quarterly ILl lad reporh are du<> on the same dates as the FSR schedule. as lIsted in Paragraph D of this Section. [I The Grantet' agrees tll subml i a narrat I ve quarterly report on all activities relating to the program to the Grantor form to be layed out by the Gr'antor on or hefore due dates listed in the following schedule: Reporting Period Due Date September l, 2006 - November 30. 2006 December 7, 2006 December I, 2006 - rebruary2~, 20m March 7, 2007 March I. 2007 - May 3 L 2007 June 7.2007 June I, 2007 <\.ugusI 31. 2007 September 7, 2007 I: The Grantee agrees to submit the TSLAC FSR form for the grant funded under this contract no later than the due dates listed in the following schedule. Grantee should submit a Final FSR once all grant funds have been expended and all program reqUIrements are acc<lmplIshed. Grantee should mark the last required FSR as "Final" and not submit any subsequent FSR forms Reportmg Period Due Date September I. 2006 - :~ovember 3(L 2006 December 30,2006 December I, l006 - February 2H, 2007 March 30, 2007 March l, 2007 - May 3 L 2007 June 30, 2007 June L 2007 .. August 31. 200i' September 30, 2007 If necessary. a revised Final FSR must be submItted no later than October 31,2007. F The Grantee will send the Grantor a copy of all management letters issued by an auditor with the reporting package, UGMS Part IV, Subpart C. Se~. 320 (b). WIthin 30 days of the audit The audit's Schedule of Expenditures of Federal and Statt' A wards must list th~ amount of TSLAC awards expended for each award year separately. VII. GENERAL TERMS AND CONDITIONS A The Grantee will comply with rhe TexNet Center PolIcies Manual, B The Grantee will comply with the Rules for Administering the Library Systems Act, Texas Administrative Code, Chapter I . Rule] j AI1 (' The Grantee will comply with the following parts of the Governor's Office of Budget and Planning, UGMS revised .I une 2004. located at: ~vW~'. f!O vernor. state. tx. us/divisions/stater! rantslzuidelines/files/UGMS062004.doc. Part I. Cost Pnnclpies for State and Local Governments and Other Affected Entities (Adapted from OMB Circular \-x7) Part II. State Uniform Adm1l1istratlve ReqUIrements for Grants and Cooperative Agreements (Adapted from OMB Circulars A- ! 02 and <\.-122 ) Part III State of Texas Singk Audit Circular iAdapted from OMB Circular A-133) D For grants funded with federal funds. the Grantee will also comply with the Office of Management and Budget (OMB) Circular A- 133. AudIts of States. Local Government:-,. and Non-Profit Organizations (revised 6/97), located at: www.whltehouse.f!ov/(lnlb/r!ralltslzrantscIrc/llars.html. j-' The Grantee will comply with the Institute of Museum and Library Services' 45 Code of Federal Regulations, Part 1183, Uniform Admimstratlve Requllements for Grants and CooperatIve Agreements to States and Local Governments (adapted trom OMB Circular A 102). Grantee will also comply With the requirements of the Children's Internet Protection Act (ell' A), as outlined in Section XIL paragraph D of thIS \:ontract FY 2(H <7 ILL Grant ~ "I '. f All publlc!ty relating the !2rant award must II1cIude acknowledgement of the Texas State Library and Archives Commissum and the InstItute 01 Museums and Library ServIces whenever possible and practical. Publicity includes, but is not limited 10 press reieases. media events. public events. displays in the benefiting library, announcements on the (Jrantee'" website and material, distnbuted through the grant project. The Grantee will provide Grantor with one set of all public relations matenals prodL]I:ed under this grant with thl' Final FSR (, Grantee understands that accepTance of funds under this contract acts as acceptance of the authority of the State Auditor's Office. or ,mY successor agency to conduct an audit or investigation in connection with those funds. Grantee further agrees tll cooperate fully WIth the Stal e AuditOl \ Office or its sllccessor in the conduct of the audit or investigation, including providing all records requestelJ Grantee will ensure thaI thIS clause concerning the authority to audit funds received Illdirectl) hy Sub-grantees through Grantee. alldthe requIrement to cooperate. is included in any sub-grant awarded. H The Grantee agrees to maintain all finanCial and programmatIC records. supporting documents, statistical records, and other records relatll1g to this t:rant aVI ard tor a minImum of five years after Close of Grant. Close of Grant is defined for this grant as th\:.' date Grantee submICs to Granlllr the hnal FSR tor the ('urrent grant period. The Grantee agrees 10 develop Ir reVIse. ,h necessary. an) speCIfic wntten documentation of its current procedures for (1) collectmg and reportmg performance measures: (2) conducting a fixed asset inventory; and or, (3) any other issues identified In Grantor's lI1ternal dudit rep()!1 ot grant activities. Drafts of this procedural documentation will be submitted to Grantor h\ dates establIshed mutually between Grantor and Grantee. Grantor will provide review and guidance to enable final VerSHlTIS to be appwved 01 or before establIshed deadlInes VIII. ENF9RCEMENT A ReQJedies for noncompliance If a Grantee Ul' Sub-grantee materially fails to comply with any term of an award, whether "tated in a state statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere Grantor ma} take me lor more nl lhe followmg: actions. or impose other sanctions, as appropriate in the CIrcumstances !, Temporanly withhold casll payments pendIng correctJon of the deficiency by the Grantee or Sub-grantee, or more severe enforcement action hy Grantor: 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; Wholly or partly suspend (lr terminate the current award for the Grantee's or Sub-grantee's program; 4. Withhold further awards for the program: ()f 5. Take other remedies that llIay be legally avaIlable. ') , , B H~inl!s. appeals, In taking at! enforcement action. Grantor will provide the Grantee or Sub-grantee an opportunity for such heanng, 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 Effacts 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 termll1ation of an award are not allowable unless Grantor expressly authorize, them In the notice (,f suspension or termination. (lr subsequently. Other Grantee or Sub-grantee costs during suspension or after term mati or which are necessary, and not reasonably avoidable, are allowable if: 1. The lOStS resulting from obligations wl1lch were properly incurred by the Grantee or Sub-grantee before the effective date Ill' sllspenSion \lI terminatllln are no! 111 anticipation of it and, in the case of a termination, are noncancelable: and. ) The costs would he 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 anJ Suspension The enforcement remedies identified in this section, including suspension and termmation, do nllt preclude Grantee (lr Sub-grantee from being subject to "Debarment and Suspension" under Executive Order 12549 (see llGMS Pari Ill. Subpart C. Sec 35) and state law, IX. CONTACTS AT TSLAC Questions or concerns about mOl!rammatlc Issues. budget and or program revisions and narrative reports should be directed to this grant's Program \1anager: FY 2(i1f? ILL Otani _~ \)f ...., -~ TexNet Coordmator Phone: 5 ! 2-463-5406 Fax' 5 I::: -l)3h-2~()6 E-mail: sbennett@tsl.state.tx.us Questions or concerns about regulatory or finanCial issues should be directed to: Manager, Accounting and Grants Department Phone: 512-463-6626/ Fax: '1 12-475-0 185 E-mail: mmartin@tsl.state.tx.L1s DocumentatIon relating to reqUired Requests tor Funds, FinanCIal Status Reports, and Equipment/Property Acquired Report should be directed to: Grants Accountant Phone 512-46:,-5472 / Fax: 512-475-01 X5 E-mail: grants.accounting@tsl.state.tx.u,; Payments from Grantee to Grantor. such as those for excess advanced funds or for interest earned on advanced funds, should be mailed with J revisedFSR. an explanation of the purpose of the payment, and the grant number. This information ,;hall be directed to Grants Accountant Accounting and Grants Department Texas State Library and Archives Commission PO Box ] 25 16 Austll1. TX 7X7 1 1-251 (, X. APPLICABLE AND GOVERNING LA W A. The laws of the State of Texas shall govern tlm grant. 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 Tex;\s, and the forum and venue for such disputes shall be Travis County, District Court. B This grant is subJect to availability of funds XI. GR1\NT CERTIFICA TIONS A Grantor certifies that: ,1) the,ervices specifieJ in the approved grant application and this contract are necessary and essential for activities that are properly within the statutory functions and programs of the affected organizations; (2) the services, supplies or materials u mtracted for are not required by Section 21 of Article 16 of the Constitution of Texas to be supplied under contract given to the lowest bidder; and, (3) the grant is in compliance with Texas Government Code ~441.006. Texas Admilllstrativc Code Title XIII. ~ 1.146. Texas Government Code ~441.135 Grants (Systems Act), P.L. 108-81, the Library Sef\1ces and Technology Act (LST A). the State Plan for the LST A in Texas and UGMS. B The Grantee affirms that It has not given. ()tlered to glVt.~, nor mtends to give at any time hereafter, any economic opportunity. future emplnyment gift. loan. gratuity. speciai discount. trip. favor or service to a public servant in connection with this l:ontract. The Grantee further affirms that its employees or agents shall neither solicit nor accept gratuities, favors or anythin!2 of monetan' value t'om contractors potential contractors, or parties to any sub-agreements. The Grantee certifies bv this cpntract that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Grantee. to any person for iI1f1uencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congres~. Dr an employee Df a Member of Congress in connection with the making of any Federal grant. the enterIngnto Dr any cooperative agreement. and the extension, continuation, renewal, amendment, or modificatIon pf any Federal gr;tnt or cooperatIve agreement. If any funds other than Federal appropriated funds have been paid or will be palJ 1m ~uch purpose. the Grantee shall complete and submit OMB form SF-LLL, Disclosure of Lobbying \ctivitie\ 1Il accordalK'c WIth itS instructlon~. The Grantee shall require that the language of this certification be included !l1 the avvarJ documents tor ,tll subawards at all tIers ! mcludmg subgrants, contracts under grants and cooperative agreement;;. and subcontracts) "nd that ali suhrecipients shall certify and disclose accordingly, as specified in Title 31 U.S. Code, Sel 1 ''12. D Grantee has proVided ID Grantnr the mandatory Internet Safety Certification (Certification) that it is in compliance with requirement;, of the Children' ~ Internet ProtectIon Act (ClPA) for any federal funds under this grant that will be used to purchase computers u;,ed to alcess the Internet ur pay filr the direct costs of accessing the Internet. Grantee agrees to l:ollect, a, required anJ appropriate Cel11fical Ion forms from all libraries receiving benefits of federal funds expended under this contract 1-1' 20i!; ILL Granl h \If " F The Grantee certifies that no kderal funds trom this grallt award will be made available for a public library, or public elementan or secondal) sch()(,J library that does not currently receive E-rate services, to purchase computers used to access the Internet or pelY fpr the direct costs ol accessing [he Internet, unless the library has certified compliance with the applicable CIP A requirements Should federal lunds awarded as part of this grant be used to purchase computers for a public librarY. or public ..:Iememary or secondary schoollihrary that does not currently receive E-rate services, to be used to access the Internet or pcl~ for thl' diret'l C(lsts 'lf <Iccessing Ihe Internet, Grantee will ensure Certification forms are received from allllhranes recelv;ng benetits of federal funds expended under thls contract. f. The Grantee certlfies all applicible acti\ iries related to thiS grant will be in compliance with the Copyright Law of the United States (ritle J 7. L.S Code) C. In addition t\) federal rttquiremt'nts, state law requires a number oj assurances from applicants for federal pass-through or other state-appropriated funds. (UGMS Part II!. Subpart B. See. 14 State Assurances): I I) /\ subgrantee mUst comply with Texas GllVt'rnment Code. Chapter 573. Vernon's 1994, by ensuring that no officer, employee. or member of [he applicant's governing hody or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the g<>vernll1g body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohIbit Ihe employment of a person who shall have been continuously employed for a perl< Id of two years. or sllch other period stipulated hy local law, prior to the election or appointment of the officer, employee. O[ govcrning blldy member related to such person In the prohibited degree. [2} A subgrantee mu~t 111 sure hat all in10mmtlon collected, assembled or mall1tained by the applicant relative to a project will be available III the public during normal business hours in compliance with Texas Government Code, Chapter 552 V emon' s 1994, unle'., otherwise expressly prohIbited by law Ii) A sllbgrantee must complY with Texas Go\ernment Code, Chapter 551. Vernon's 1994, which requires all regular, speCial or called meeting ,}f govemmemal bodies to be open to the public. except as otherwise provided by law or spellfically permitted 111 the Texas Constitution. (4) A sllbgrantee must comply with the Texas Family C ode, Section 261.101 which requires reporting of all suspected case~ of child abuse to l\lcal law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Sub~rantees shall al,u ensure that all program personnel are properly trained and aware of this requirement i:)) Subgrantees wIll I:umplyvith all federal ~tatutes relating to nondiscrimination. These include but are not limited to: (a) Tltk VIol' the Civil Rights Act of 1964 I P.L. 8X-\52) which prohibits discrimination on the basis of race, color or natl\lnal origin: ! b Title IX of the Education Amendments of 1972, as amended (20 D.S.C. ~~168I-1683, and 1685- 16Rhi. which prohIbits dlscriminatJ(ln un Ihe basis of sex: tc) Section 504 of the Rehabilitation Act of 1973, as amended (29 L'.S.c. ~7(l4). which prohiblts discrimination on the basis of handicaps and the Americans With Disabilities A.ct 0) 1990: (d) the Age Discrimination Act of 1974, as amended (42 D.S.C. ~~6101-61O7), which prohlbll., discrimination 011 the basi, of age: (e) the Drug Abuse Office and Treatment Act of 1972 (PL. 92-255), as amended, relating to nondiscnminatlon on the baSIS of drug abuse; (0 the Comprehensive Alcohol Abuse and Alui!lOlism Prevention, rreatment anJ RehabilitatIon Act uf 1970 (P.L. 91-616), as amended, relating to the nonJIStTlminallof) on the hasis \ll akllhol abuse or alcoholism; (g) ~S523 and 527 of the Public Health Service Act of !91' 1-+2 Us.e 290 dd-; and 290 ee-3l, as amended, relatll1g to confidentiality of alcohol and drug abuse patient recmd". (hi Title VIII \ f the C1\1I Rii,':ht., Act (>1 196X (42 U.S.C ~3601 et seq.), as amended, relating to nond NT!mll1at 101, 111 the s.lIe. rental or j lIlancmg of hllusll1g: Ii) any other nondiscrimination provisions in the specific .statute! s underWl1lCI1 apphcatIun tor hcderal aSSIstance IS bell1g made: and (j) the requirements of any other nonJ1ssrimmatl()Ji statute! ,) which may applY to the ~lpplicatl()ll. ;()) Subg:rantees will tumply as applicable, With the prOVisions of the Davis-Bacon Act (40 D.S.C. s~276a to 276a-7), the Copeland AC1 (40 U.~c. ~~276l and i:"; U.S.C ~~X74). and the Contract Work Hours and Safety Standards Act IAO l iSC. ~s327 .;331, regarding labor standards tor federally aSSisted construction subagreements. 7) Subgrantees will:omply with the proVISlollS of the Hatch Political Activity Act (5 D.S.C. ~7321-29) which limit the politIcal actlvil; 11 emplt 'yees wh(,se pnnClpal employment activities are funded in whole or in part with Federal fund s. X) Subgrantees wIll ('ompl\ with tht mlTllmLlm wage and maximum hours provisions of the Federal Fair Labor Standard., Act and the InlL'rgovemmental Personnel Act of 1970, as applicable. 9) Subgrantees Vv III lllsure tllat the faCilities under Its ownership. lease or superVision which shall be utilized in the accumpltshmentlt the project are not listed on thl' EnVironmental Protections Agency's (EPA) list of Violating Fauiitles and Ihal II willliotifv the Federal grantor <I\!ency of the receipt of any communication from the Director of fey 2(>1" ILl. Grant ,,f , the EP/\ Office pf Feder,d Activities indllating that a facility to be used in the project is under consideration for listing hy the EP A i EO i 73X) ! ()) Subgrantees WI] I assIst the awarding agency II1 assunng compliance with Section 106 of the National Historic Presef\ation Act ilf 196(1, as amended i 16 use 470). EO I ]593 (identification and protection of historic propertieS), and the Archal'ologlcal and Historic Preservation Act of 1974 ( 16 U.S.c. 469a-1 et seq.). i I Subgrantees will comply with Public Law 103-2T also known as the Pro-Children Act of 1994 (Act), which prohibits smokIng within Iny pnrtion of any indoor facility used for the provision of services for children as defined by the ,\ct j 2) Subgrantees will'pmply vith all federal t,IX laws and are solely responsible for filing all required state and federal tax (i1mb 13) Subgrantees w1l1 comply with all applicable reqUIrements of all other federal and state laws, executive orders, regulations and p(ll1cies gl'vernmg thIS program. 14) The applicant must certit v that they are lint debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance pft 19rams 15) Subgramees mus1 adopt and implement applicable proVIsions of the model HIV/AIDS work place guidelines of the Texas Department nfHealth as reqUired by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. SIGNA TURES GRANTQJ! GRANTEE Texas State Library and Archives Commission City of Corpus Christi, Corpus Christi Public Library l\~J\~": L- (1 - I ~ / Crt Sig u (Must be an official empowered to nter into contracts) i Edward SeiClenberg. Assistant State Libra an Date Mari~~~~fficer ~ }Jf-~~ roved as to form: Date ../" -iA! .~....~~ ./ / ,,4-, / /;~,,-,,~2"~ ~t9r Assistant City Attorney f r City Attorney Beverley Shirley, Library Resources Director r ''6 If! -~-~---_._- Date \ , Susan Bennett, Contr t Mana~er ( '0 I( Ll. l>lTC<:;') ----...-.---.....- ~ \,,)l '- .J....# Date iF I\ . ',,; 4 L(~f ~y CCUPtCll .. AUl"~ ~~/.' () L. I '. ..(~-~ . "..U c' 7~ I' rT d\)\l ' . ../u t/ F'( 2(it ILL Gran! X (l{ -.: ----...-'* ..-""----~-- The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 \vith 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 appropnated funds have been paid or will be paid 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 this Federal grant or cooperati ve agreement, the undersigned shall complete and submit Standard Form[lL 'Disclosure Form to Report Lobbying,' in accordance with its instructlOns. 1 The undersigned shall require that the language of this certification be included in the award documents for al] subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordIngly. This certification is a material representation of fact upon which reliance was placed by the Texas State Library when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. City of Corpus Christl Organization Name ILL Grant # 771-07040 Project Constance P. Sanchez, Assistant Djrector of Financial Services Name and Title of Authorized Representative L.~CL--<---<-<- ~ ~~~ Signature ~~d-4 -alP Date 34 CFR 112.110 TSL 9.\04 FY99\Grants\Forms\Certification Regarding Lobbying.doc ,-- This certification is reqUIred by the regulations implementing Executive Order 12549, Debarment and Suspension, 34 CFR Part 85, Section 85.510, Participant's responsibilities. The regulations were published as Pan VII of the May 26, 1988 Federal RegIster (pages 19160-12911). Copies of the regulations may be obtained by contacting the person to which this proposal is submitted. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements In this certification, such prospective participant shall attach an explanation to this proposal. City of Corpus Christi Applicant Constance P. Sanchez, Assistant Director of Financial Services Name and Title of Authorized Certifying Official /'1 L" 7 ... >L ~ --( 'P. ~. (' ~ ~ ~ J.. '-I -0 G. Date Signature ILL Grant # 771-0704C _. ASSURANCES - NON-CONSTRUCTION PROGRAMS OMS Approval No. 0348-0040 Public repomng burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, Including suggestions for reducing this burden. 10 the Office of Management and Budget, Papervvork Reduction Project (0348-0040), Washington, DC 20503. IPLE. ASE DO NOT RETURN YOUR COMPLETE. 0 FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. -, , -- NOTE: Certain at these assurances may not De applicable to your project or program. If you have questions, please c~ntact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project describe,j in this application 2 Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative. access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. Will establish safeguards te prohibit employees from using their positions tor a purpose that constitutes or presents the appearance of personal or organizational conflict of interest. or personal gain 4 Will initiate and complete the work withlfi the applicable time trame after receipt of approval )f t'le awarding agene., 5 Will comply with the Intergovemmental Personnel Act of 1970 (42 U.S.C. 9$04728-4763) relating to prescribed standards for merit systems tor programs funded under one oj the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C F.R. 900. Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination The~e include but are not limited to (a) Title VI of the Civil Rights Act of 1964 (P.L 88-352) Which prohibits discnmination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. SS1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Previous Edithtn Usable Act of 1973, as amended (29 U.S.C. 9794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. S961 01-6107), 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 on the basis of drug abuse; (1) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L.91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) SS523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 99290 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. 993601 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) which may apply to the application. 7 Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P. L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8 Will comply, as applicable, with provIsions of the Hatch Act (5 U.S.C. 991501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Authorized for Local Reproduction Standard Form 4248 (Rev. 7-97) Prescribed by OMS Circular A~102 ILL Grant # 1-07040 "lIiIIIIlI!!Ji'.""'" 9 Will comply, as applicable, with the provisions ot the Davis- Bacon Act (40 U.S.C. 99276a to 276a-7), the Copeland Act (40 U.S.C S276c and 18 U.S.C. S874), and the Contract Work Hours and Safety Standards Act (40 U.S.c. SS327- 333), regarding labor standarcs for federally.assisted construction subagreements. 10 Will comply. I applicable, with food Insurance iJurchase requirements at Section 102(a) of the Flood Disaster Protection Act of 1972. (P. L. 93-234) which :equires recipients in a special flood hazarc area to participate in the program and to purchase flood insurance if the total cost of Insurable construction and acquisilJon is $10.000 or more. 11 Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91.190) and Executive Order (EO) 1" 514; {b notification of violating facilities pursuant to EO 1 1738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains In accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. SS1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. SS7401 et seq.); (g) protection of ,mdetground sources of drinking water under Hle Safe Drinking Water Act of 1974, as amended (P.L. 93.523); and, (h) protection of endangered species under the Endangered Species Act of 1973 as amended (P L. 93- 205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 991271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13 Will assist the awarding agency in assuring compliance with Section 106 of the National Historic PreseNation Act of 1966, as amended (16 U.S.C. 9470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act 01 1974 (16 U.S.C. 99469a-1 et seq.). 14 Will comply with P.L. 93-348 regarding the protection 01 human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. SS2131 at seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 9S4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17 Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations. " 18 Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. SIGNATUR~;OF AUTHORIZED CERTIFYING OFFICIAL TITLE ~_~ O---.---A-_.--<-..-_-l. -{'> 21L_ --~.-'-.5 Assistant Director of Financial Services APPLICANT ORGANIZATION DATE SUBMllTED City of Corpus Christi g ~ J- '-I _0 0 -------..-.-- ILl Grant # 71-0704U Standard Form 424B (Rev. 7-97) Back'