HomeMy WebLinkAboutC2006-463 - 8/29/2006 - ApprovedTEXAS STATE LIBRARY & ARCHIVES COMMISSION
TECHNICAL ASSISTANCE NEGOTIATED GRANT
Grant Numben 476 -07014
1. CONTRACTING PANTIES
Grantor: Texas State Library and Archives Commission (TSLAC)
Grantee: City of Corpus Chnisti, Corpus Christi Public Library
805 Comanche Street
Corpus Christi, Texas 78401 -2715
11. TERM OF GRANT
1116
IV.
September 1, 2006 to August 31, 2007
STATEMENT OF SERVICES TO BE PERFORMED
Grant- funded activities shall provide services as outlined in the approved grant application. The Grantee will comply during
the period of this contract and provide services as outlined within the approved grant application (Technical Assistance
Negotiated Grant [TANG] for State FY07) as approved by the Grantor. The approved grant application subrruitted by Grantee
becomes part of this contract by this reference.
GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS
A. The total amount of the g rant shall net exceed: 80,000,00
E. Source of funds:
Federal Funds A # 45.3 10 �►
Institute Muse m
f
� u and Library Services, State Library Program (IML,S) .
Federal Fiscal Year 2006
C. The Grantee must request payments from Grantor on the TSLAC Form, Request for Funds (RFF), Requests may be
submitted to Granter no more often than once per month, and no less often than once per quarter. Funds will be paid to
the Grantee provided Grantor has received a fully executed contract and Grantee has fulfilled all requirements for
preceding contracts.
D. The Grantee is restricted to one of two methods for requesting funds from Grantor. The Grantee may request
reimbursement of actual expenditures for the Grantee's normal billing cycle, or advance pUment for estimated
expenditures to be incurred for the upcoming 30 days. Only Grantees that provide documentation to demo" nstrate a lack
of sufficient working capital, and the ability to rninirrdze the time elapsing between transfer of funds from Grantor and
disbursement of grant funds will be allowed to request advance payments. Grantee must provide requested level of
detail for advances.
E. Payments of advance funds will be disbursed by the first working day of the advance period provided the RFF Form is
received by Grantor no later than the 15" of the previous month. Should excessive cash balances be maintained,
Grantee may he required to use the reimbursement process. Grantor must receive final feauest for advance no later than
July 15, 2007. Grantor must receive final Leguest for reimbursement no later than October 15, 2007.
F. The Grantee Ma not obligate or encumber grant funds after August 31, 2007. All obligations and encumbrances must
be liquidated or paid no later than October 15, 2087.
G. All unexpended funds roust be returned to Grantor with the Final Financial Status Report (FSR) per requirements in the
Federal Grants Management Handbook. See Section VII. D.of this contract for FSR due dates.
H. Interest earned in excess of $ 100 must be - returned to Grantor, per requirements in the State of Texas Uniform Grant
Management Standards (UGMS).
1. The Grantee will add any program income to the funds committed to the grant, using such program income for the
purposes and under the conditions of the grant. The source and amount of the program income must be explained in
Section 9 of the TSLAC FSR form.
2006-463
08/29/06
vaefilACKI
J. Per the approved grant application, funds are authorized according to the following budget:
Personnel
399794,00
Fringe Benefits
14 060.00
Travel
101000.00
Equipment/Property
77000.00
Supplies
1,1 20.00
Contractual
12000.00
Other-
1.960.00
Total Direct Costs
7034.00
Indirect Costs
5.066.00
Total
80,000.00
WRITTEN REQUEST FOR FISCAL AND PROGRAMMATIC CHANGES
The Grantee must request written prior approval for fiscal and/or programmatic changes as outlined in this Section. Grantee
must submit request for program and/or fiscal changes on the TANG Grant Program Revision Form. Under no condition may a
Grantee request to exceed the total grant amount. Grantor must receive all change requests on or before July 31, 2006.
Requests received after this date will be considered on a case -by -case basis. Grantee must receive written approval from
Grantor before obligating or expending grant funds under any of the following conditions,
A. Fiscal changes must have an written prior approval under the following conditions:
1. Making cumulative transfers among budget cast categories or projects which are expected to exceed ten (10)
percent of the total grant; and/or,
2. Transferring any funds into a budget cost category that currently equals zero (0),
P. Programmatic changes to the approved TANG grant application must have written prior approval under any of the
following conditions:
I . Obtaining the services of a third party to perform activities that are central to the purposes of the grant; and/or,
2. Changing the scope or objectives of the approved program, regardless of whether there is an associated budget
revision. A change in scope is a substantive difference in the approach or ,method used to reach program objectives.
C. Changes to the items listed under the following cost categories are required if an item's cost or features are substantially
different from what the approved grant application specifies, or from a previously approved fiscal or program revision.
Note: written prior approval is required for ALL changes involving the purchase of computer equipment or Internet
services. In addition, Grantee trust comply with Internet Safety Certification requirements, as further outlined in
Section XI of this contract.
I. Pre - award Costs
None
2. Insurance (if not required bby.the. )
None . .
3. Rearrangements and Alterations of Facilities
None
4. FquipmentlPropea
Laptops for member training $'/,
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
prior approval. This category includes equipment, furniture, library materials, etc., purchased wholly or in hart with
grant funds. The approved budget mount listed in Section IV.I. plus any subsequently approved Budget and/or
Program Revisions, will 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 cast of any
modifications, attachments, accessories, or auxiliary apparatus necessary to ,nape the item usable for the purpose for
which it is acquired. Ancillary charges, such as taxes, duty, protective in- transit insurance, freight, and installation may
be included in, or excluded from the expenditure cast in accordance with the Grantee's regular accounting practices and
Generally Accepted Accounting Practices (GA 'P).
P. The Grantee will comply with UGMS Part lam, Subpart C, Sec. 32 (d )(3) which requires certain items of equipment to be
maintained on inventory if the itcmfs cost is above $Soo.
C. The Grantee agrees to submit the T LAC Equipment/Property Acquired Form with the Final F R, no later than
October 31, 2007, for all equipmentlproperty purchased with grant funds during the FY06 grant year. This list ,must
balance with the equipment/property purchased under the approved grant application and all subsequently approved
Budget and/or Program Revisions.
D. Grantee must furnish a statement to Grantor certifying 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 cast above governing entity's capitalization level.
F. Subject to the obligations and conditions set forth in the UGMS Fart H1, 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 fronds in the required bi- annual property inventory, and follow the UGMS Fart III, Subpart C, Sec. 32 (d) that
requires the Grantee to reconcile the equipment/property records with a physical inventory of the equipment/property
every two years. This bi- annual inventory does not need to be submitted to Grantor, but must be maintained by the
grantee and will be subject to review by Grantor. when property is vested in the Grantee, Grantee will dispose of
equipment/property in accordance with the UGMS part III, Subpart C, Sec. 32 e), when the Grantee has been given
federally- or state -owned equipment/property, Grantee will follow the UGMS Fart III, Subpart C, Sec. 32 (t).
VII, REPORTING REQUIREMENTS
The State Legislature has charged the Grantor with 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 on behalf of the Grantor, as outlined in the approved Grant Application. 'Therefore} the Grantee is
responsible for submitting periodic reports that reflect the Grantee's level of performance on these services to the Grantor. To
comply with these requirements, the Grantee agrees to submit reports that are timely, accurate, auditable, and consistent with
definitions.
A. The Grantee agrees to submit the quarterly Legislative Budget Board B) Performance Target Deport form for the
TANG Grants, including Explanation of Variance, to the Grantor on or before due dates listed in the following
schedule:
Reporting Period Due Date
September 1, 2006 - November 30, 2006 December 7, 2006
December 1, 2006 - February 2$, 2007 March 7, 2007
March 1, 2007 - May 31, 2007 June 7} 2007
,Tune 1, 2007 - August 31, 2007 September 7, 2007
B. The Grantee agrees to submit the TSLAC FSR forin for the grant funded under this contract on or before 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 accomplished. Grantee should marls the last required FSR as "Final" and not submit any
subsequent FSR for ins
Reporting Ped'od Due Date
September I, 2006 - November 30, 2006 December 30, 2006
December 1, 2006 - February 28, 2007 March 30, 2007
March 1, 2007 - May 31, 2007 June 30, 2007
June 1, 2007 - August 31 t 2007 September 30, 2007
If necessary, a revised Final FSR must be submitted no later than October 31, 2007.
C. 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, Sec. 320 (b), within 30 days of the audit. The audit's Schedule of Expenditures of Federal
and State Awards roust list the amount of TSLAC awards expended for each award year separately.
D. The Grantee will submit the required workshop Reporting Forms to the Grantor for the period of September 1, 2006 to
August 31, 2007. workshop Deporting Farms should be submitted following each workshop, with all forms submitted
no later than September 30, 2007.
E. The Grantee agrees to submit an annual LSTA Project Deport Form no later than September 30, 2007.
F. Grantee agrees to participate in Outcome Based Evaluation (OBE), as deterrnined by Grantor, for the grant period of
September 1, 2006 to August 31, 2007.
vIII* GENERAL TERMS AND CONDITIONS
A. The Grantee will comply with the Technical Assistance Negotiated Grants Program Guidelines for SFY 2007.
B. The Grantee will comply with the Mules for Administering the Library Systems Act, Texas AdminWrative Code, Chapter 2,
Rule 2.119(d).
C. The Grantee will comply with the following parts of the Governor's Office of Budget and Planning, UGMS revised June
2004, located at: governor state. tx-usldiyisior stanragl!Ss guideLines leslU'G S 2 004.doc.
Part 1. Cost Principles for State and Local Governments and Other Affected Entities (Adapted from OMIT Circular
A -$7)
Part H. State Uniform Administrative Requirements for Grants and Cooperative Agreements (Adapted from Oil
Circulars A -102 and A -1 22)
Dart III. State of Texas Single Audit Circular (Adapted from OMB Circular A -133)
D. For grants funded with federal funds, the Grantee will also comply with the Office of Management and Budget (OMP)
Circular A -133, Audits of Mates, local Governments, and Non- Profit Organizations (revised 6/97), located at:
hQ.- 11www. wh icehouse. y1om rants`lgrants circulars. htmL
E. The Grantee will comply with the Institute of Museum and Library Services' 45 Code of Federal Regulations, Part
11 83, Uniform Administrative Requirements for Grants and Cooperative Agreements to Mates and Kcal Governments
(adapted from OMB Circular A -102).
F. All publicity relating to the grant award must include acknowledgement of the IMLS and Texas State Library and
Archives Commission whenever possible and practical. Publicity includes, but is not limited to press releases, media
events, public events, displays in the benefiting library, announcements on the Grantee's website, and materials
distributed through the grant project. The Grantee will provide Grantor with one set of all public relations materials
produced under this grant with the Final FR.
G. Grantee understands that acceptance of funds under this contract acts as acceptance of the authority of the Mate
Auditor's Off ce, or any successor agency, to conduct an audit or investigation in connection with those funds. Grantee
further agrees to cooperate fully with the Mate Auditor's Office or its successor in the conduct of the audit or
investigation, including providing all records requested. Grantee will ensure that this clause concerning the authority to
audit funds received indirectly by Sub- grantees through Grantee, and the 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 Mating to this grant award for a minimum of five years after Close of Grant. Close of Grant is defined for this
grant as the date Grantee submits to Grantbr the Final FSR for the current grant period.
I. The Grantee 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 Grantor's internal audit report of grant activities. Drafts of this procedural documentation will be submitted
to Grantor by dates established mutually between Grantor and Grantee. Grantor will provide review and guidance to
enable final versions to be approved on or before established deadlines.
IX, ENFORCEMENT
A. Remedies for noncornpliance. If a Grantee or Sub- grantee materially fails to comply with any term of an award,
whether stated in a state statute or regulation, an assurance, in a state plan or application, a notice of award, or
elsewhere, Grantor may tape one or more of the following actions, or impose other sanctions, as appropriate in the
circumstances;
1. Temporarily withhold cash payments pending correction of the deficiency by the Grantee or Sub- grantee, or more
severe enforcement, action by Grantort
2. Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not
in compliance,
3. wholly or partly suspend or terminate the current award for the Grantee's or Sub - grantee" s program;
4. withhold further awards for the program; or
5. Take other remedies that may be legally available.
E. Hearings a1212eals. In Ming an enforcement action, Grantor will provide the Grantee or Sub- grantee an opportunity for
such hearing, appeal, or other administrative proceeding to which the Grantee or Sub-grantee is entitled under any
statute or regulation applicable to the action involved.
C. Effects of suspension and termination. Costs of Grantee or Sub- grantee resulting from obligations incurred by the
Grantee or Sub- grantee during a suspension or after termination of an award are not allowable unless Grantor expressly
authorizes them in the notice of suspension or temu'nation, or subsequently. Other Grantee or Sub- grantee costs during
suspension or after termination which are necessary, and not reasonably avoidable, are allowable if:
1. The costs result from obligations which were properly incurred by the Grantee or Sub- grantee before the effective
date of suspension or termination are not to anticipation of it and, to the case of a termination, are noncanceiable;
and,
2. The costs would be allowable if the award were not suspended, or expired normally at the end of the funding
period in which the termination takes effect.
D. RelationsbijR to Debarment and Suspension. The enforcement remedies identified in this section, including suspension
and tern ination, do not preclude Grantee or Sub- grantee from being subject to "Debarment and Suspension" under
Executive Order 12549 (see UGMS Part IU, Subpart C, Sec 5) and state Iaw.
CONTACTS AT TLA C
Questions or concerns about programmatic issues, bud et and or program revisions and any narrative reports should be
directed to this grant's Project Manager: .
Library Systems Administrator
Phone: 512-936-2236
Fax: 512- 463 -8800
E-mail: mailto-clowaisas@tsi.state.tx.us
Questions or concerns about regulatory or financial issues should be directed to:
Manager, Accounting and Grants Departm6nt
Phone: 512- 463 -6626
Fax: 512-475-0185
E-mail: mmart1n@ts1.state.tx.us
Documentation or questions relating to required Requests for Funds, Financial Status Reports, and ,F=ipment/Property
Acquired Report should be directed to: -
Grants Accountant
Phone: 512-463-5472
Fax: 512 - 475 -01$5
E -mail; grants. accountin tsl.state.tx.us
Payments from Grantee to Grantor, such as those for excess advanced funds or for interest earned on advanced funds, should
be mailed with a revised F R, an explanation of the purpose of the payment, and the grant number. This information shall he
directed to:
Grants Accountant
Accounting and Grants Department
Texas Mate Library and Archives Commission
PG Box 12516
Austin, TX 78711-2516
If APPLICABLE AND GOVERNING LAW
A. The lags of the State of Texas shall govem this 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 Mate of Texas, and the forum and venue for such disputes shall be Travis County, District Court.
B. This grant is subject to availability of funds.
II, GRANT CERTEFICATIONS
A. Grantor certifies that: (1) the service specified 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; () the
services, supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of Texas to be
supplied under contract given to the lowest bidder, and, (T) the grant is in compliance with Texas Govemrnent Code
§441.006, Texas Administrative Code Title M, §1.146, Texas Government Code §441.135 Grants (Systems Act), P.L.
log -81, the Library Services and Technology Act TA), the State Plan for the L TA in Texas and UGMS.
B. The Grantee affirms that it has not given, offered to give, nor intends to give at any time hereafter, any economic
opportunity, future employment, Jift, loan, gratuity, special discount, trip, favor or service to a public servant in connection
with this contract. The Grantee further affirm that its employees or agents shall neither solicit nor accept gratuities, favors
or anything of monetary value from contractors, potential contractors, or patties to any sub-- agreements.
C. The Grantee certifies by this contract that no Federal appropriated funds have been paid or will be paid, by or on behalf of
the Grantee, 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 maldng of
any Federal fit, 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 Grantee shall complete and submit. OMB forth F- Disclosure of Lobbying
Activities, in accordance with its instructions. The Grantee 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 Title 31 U.S. Code, Sec.
1352.
D. Grantee has provided to Grantor the mandatory Internet Safety Certification (Certification) that it is in compliance with
requirements of the Children's Internet Protection Act (CEPA) for any federal funds under this grant that will be used to
purchase computers used to access the Internet or pay for the direct costs of accessing the Internet. Grant agrees to collect,
as mquired and appropriate, Certification forms from all libraries receiving benefits of federal funds expended under this
contract.
E. The Grantee certifies that no federal funds from this grant award will be made available for a public library, or public
elementary or secondary school library that does not currently receive E -rate services, to purchase computers used to access
the Internet or pay for the direct costs of accessing the Internet, unless the library has certified compliance with the
applicable CIFA requirements, Should federal funds awarded as part of this grant be used to purchase computers for a
public library, or public elementary or secondary school library that does not currently receive E -rate services, to be used to
access the Internet or pay for the direct costs of accessing the Internet, Grantee will ensure Certification forms are received
from all libraries receiving benefits of federal fronds expended under this contract.
F. The Grantee certifies all applicable activities related to this grant will be in compliance with the Copyright Law of the
United Mates (Title 17, U.S. Code).
C. In addition to federal requirements, state law requires a number of assurances from applicants for federal pass - through or
other state- appropriated funds. ([ GMS Fart IH, Subpart B, Sec. 14 — Mate Assurances):
1. A. subgrantee must comply with Texas Government Code, Chapter 573, Vernon's 1994, by ensuring that no officer,
employee, or member of the applicant's governing body 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 governing body or to any other officer or employee authorized to employ or supervise such person.
This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a
period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer,
employee, or governing body member related to such person in the prohibited degree. L
2. A subgrantee must insure that all information collected, assembled or maintained by the applicant relative to a
project will be available to the public during normal business hours in compliance with Texas Government Code,
Chapter 552, Vernon's 1994, unless otherwise expressly prohibited by law.
3. A subgrantee must comply with Texas Government Code, Chapter 551, Vernon's 1994, which requires all regular,
special or called meeting of governmental bodies to be open to the public, except as otherwise provided by law or
specifically perrnid in the Texas Constitution,
4. A subgrantee trust comply with the Texas Family Cade, Section 261.101 which rewires reporting of all suspected
cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and
Regulatory Services. Subgrantees shall also ensure that all program. personnel are properly trained and aware of this
requirement.
5. Subgrantees 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 .L. 88 -352) which 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), which prohibits discrimination on the basis of sex; (c) Section 504 of the rehabilitation Act of 1973, as
amended (29 U.S.C. §794), which prohibits discrimimtion on the bads of handicaps and the Americans with
Disabilities Act of 1990; (d) the Age Discrinmination Act of 1 974, as amended (42 U.S.C. §§6101-6107),, which
prohibits discrimination on the bads of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 9 -255), as
amended, relating to nondiscrimination on the basis of drug abuse; ( 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 bads of alcohol abuse or alcoholism: (g) §§523 and 527 of the Public Health Service Act of
191 (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 fmancing of housing; (i) any other nondiscrimination provisions in the specific
statute(s) under which application for Federal assistance is toeing made; and 0} the requirements of any other
nondiscrimination statute(s) which may apply to the application.
6. Subgrantees will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a -7), the
Copeland Act (40 U.S.C. §§276c and 18 U.S.C. §874)* and the Contract work Hours and Safety Standards Act (40
U.S.C. §§327-333), regarding labor standards for federally assisted construction subagreements.
7. Subgrant= will comply with the provisions of the Latch Political Activity Act (5 U.S.C. §7321-29) which limit the
political activity of employees whose principal employment activities are fronded in whole or in part with Federal
funds.
g. Subgrant s will comply with the minimum wage and ruximum hours provisions of the Federal Fair Labor Standards
Act and the Intergovernmental Personnel Act of 1970, as applicable.
9. Subgrantees will insure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the project are not listed on the Environmental Protwtions Agency's (EPA) list of Violating
Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the
EPA Office of federal Activities indicating that a facility to be used in the project is under consideration for listing by
the FTA. (E0 11738).
10. Subgrantees will assist the awarding agency in assuring compliance with Section 106 of the National Historic
Preservation Act of 1 966, as amended ( 16 U.S.C. 470), EO 11593 (identification and protection of historic properties),
and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -1 et seq.).
11. Subgrantm will comply with Public Law 103 -277, also known as the Pro - Children Act of 1 994 (Act), which prohibits
smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act.
12. Subgrantees will comply with all federal tax lags and are solely responsible for filing all rewired state and federal tax
forms.
13. Subgrantees will comply with all applicable requirements of all other federal and state laws, executive orders,
regulations and policies governing this program. R
14. The applicant must certify that they are not debarred or suspended or otherwise excluded from or ineligible for
participation in federal assistance programs.
15. Subgrantees must adopt and implement applicable provisions of the model IUVIAIDS work place guidelines of the
Texas Department of Health as required by the 'Texas Health and Safety Code, Ann., Sec. $5.001, et seq.
SIGNATURES
GRANTOR
Texas State Library and Archives Commission
Library
Edward Seidenberg, Assistant State Librarian
contracts.
Hate
Marilyn Martin, InteridVChief Fiscal Officer
Hate
Deborah Littrell, Library Development Director
Date
Chris Jowaisas t Conti (ct anager
.4 uoj� IS, Lod
Date
GRANTEE
City of Corvus Christi, Corpus Christi Public
Signure Must be an official empowered to enter into
( eoi-c, �, Nbq,
Typewritt n or Printed Name
Title
APPROVED AS TO FORM:
August 23, 2006
Wendy E. gdler
Assistant Ci ter Attorney
For City Attorney
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The undersigned certifies, to the best of his or her knowledge and bdHef, that: .
1. No Federal appropriated funds have been • aid or will
P be paid, by or on behalf of the undersigned,
to- any person for- influencing or attempting to inuenbe an officer or ens Io ee of an -a
Member of Congress} an officer or employee of Congress, or an ern to ee of Mein
�' p her of
Congress in connection with the malin of and Federal gr4nt, the entering nto of
g any cooperadve
agreememt, and the extension, continuation, renewal, amendment, or rnodifk ation of any Federal
giant or cooperative agreement.
If an' funds other than Federal appropriated funds have been aid or will
. � p 11 he paid. to and person for
influencing or attempting to influence an officer or employee of any agency, a Me n
her. of
Congress, an officer or employee of Congress, or an . em to ee of a Member of Congress _ regress in
connectio-h with this Federal grant or cooperative agreement, the undersignied shall complete and
s uhrfut Stan dard Form -LLL, 'Disclosure Form to Report Lohh ' n ,t 1 ►ecordanee 'wit `
instructions,
g hits
3. • The undersigned -shall require that the language of. this certification • he includ • in th e -.award
documents for all subawards at all tiers (including sub ` ants, contracts under grants ,and
- cooperative agreeraents.,. and subcontracts) and that all subrecipients shall certify end disclose
accordingly.
This certification is a material representation on' w on of fact upon � which. reliance was pJ aced by,the Tee State
Library when this trap aeti on was made or entered into. Submission � - certificatio'n' .
. f this is a
prerequisite for malting or entering into this transaction in osed by Section 1 s Title 31
, U.S. bode.
.nor person who fails to file the required certification shall he subject to a civil nal -of not less .l � s than
•$fo,000 and not more than 100,000 for -each such failure.
City of Corpus Christi 'TANG Grant # 476- -07014
Organization Name Project
Constance P. Sanchez, Assistant Director of Financial Services
Name and Title bf A u the ri ed Representative
Signature Date
R 82A 10 TSL 9304 FY99k(3rants\Forms \ ificatian Regarding'Ubbying.doc
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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
Part VII of the May 26, 1988 Federal Re inter (pages 19160-12911). Copies of the regulations may be obtained
by contacting the person to which this proposal is submitted. -
(BEFORE COMPLETING CERTIFICATi4N, READ INSTRUCTIONS ON REVERSE)
(1) The prospective lower- tier participant certifies, by subrnis lion of this proposal, that neither it nor its
pn nci pals are presently debarred a suspended,. proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency,
(2) There 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 Ville of Author ed certifying Official
Signature Date
TANG Grant # 476-07014 07014
OMB Approval his. 0348 -0040
ASSURANCES - NON-CONSTRUCTION PROGRAMS
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for revie -wing
P
nstructions, 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, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED CORM TO THE OFFICE OF MANAGEMENT AND BUDGET.
SEND IT 70 THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE. Certain of these assurances may not be applicable to your project or program. if you have questions, please contact 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 au #hcrized representative of the applicant, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance
and the institutional, managerial and financial capability
(including funds sufficient to pay the nor- Federal share
of project cost) to ensure proper planning, management
and completion of the project described 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 to prohibit employees from
using their positions for 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 within the applicable
time frame after receipt of approval of the awarding
agency.
5. Will comply with the Intergovernmental Personnel Act of 7•
1970 {42 U.S.C. § §4728 -4763} relating ' to prescribed
standards for merit systems for programs funded under
one of 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).
8. Will comply with all Federal statutes relating to
nondiscn6mination. These inblude but are not limited to:
(a) Title VI of the Civil Rights Act of 1954 (P.L. 85 -352)
which 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 1885 - 1686), which prohibits discrimination on
the basis of sex; (c) Section 504 of the Rehabilitation
Previous Edition Usable
TAMC Cv- n",- 4 A -7ir,_n7ni z
Act of 1973, as amended (29 U.S.C. §794), which
prohibits discrimination do the basis of handicaps; (d)
the Age Discrimination Act of 1978, as amended (42
U.S.C. § §6101- 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; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L, 91 -f 16), as amended, relating to
nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) § §528 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. § §290 dd -8 and 290 ee
8 ), as amended, relating to confidentiality of alcohol
and drug abuse patient records; (h) Title 1111 of the
Civil Rights Act of 1968 (42 U.S.C. § §3601 et seq.), as
amended, relating to nondiscri mination in the sale,
rental or financing of housing; (i) any other
pond isc ii'mination provisions in the specific statute(s)
under which application for Federal assistance is being
made; arid, 0) the requirements of any other
nondiscrimination statute(s) which may apply to the
application.
Will comply, or has already complied, with the
requirements of Titles Il and IiI of the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (P.L. 91 -64£) 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 ire real property acquired for project
purposes regardless of Federal participation in
purchases.
8. Will cflmply, as applicable, with provisions of the
Hatch Act (5 U.S.C. § §1501 -1808 and 7824 -7828)
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 OMB circular A -102
9. - will comply, as applicable, with the provisions of the Davis -
Bacon Act (40 U.S.G. § §276a to 276a -7), the Copeland Act
(40 U.S.C. §276c and 18 U.S.C. §874), and the Contract
Work Hours and Safety Standards Act (40 U.S.B. §§327-
333), regarding labor standards for federally- assisted
construction subag reements.
10. Will comply, if applicable, with flood insurance purchase
requirements of Section 102(a) of- the Flood Disaster
Protection Act of 1973 (P.L. 93 -234) which requires
recipients in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $101000 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) 11514; (b) notification of violating
facilities pursuant to Eo 11738; (c) protection of wetlands
pursuant to E•o 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 1 972 (16 U.S.C. § §1451 et seq.); (f) conformity of
Federal actions to State (Clean Air) Implementation Plans
under Section 176(c) of the wean Air Act of 1955, as
amended (42 J.S.C. § §7401 et seq,); (g) protection of
underground sources of drinking water under the Safe
Drinking dater Act of 1974, as amended (P.L. 93 -523);
and, (h) protection of endangered species under the
Endangered Species Act of 1 973, as amended (P.L. 93-
205).
12. Will comply with the wild and Scenic Rivers Act of
1968 (16 U.S.C. § §1271 et seq.) related to protecting
components or potential components of the national
mild and scenic rivers system.
13. will assist the awarding agency in assuring compliance
with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.C. §470), ED 11593
(identification and protection of historic properties), and
the Archaeological and Historic P reservation Act of
1974 (16 U.S.G. § §469a -1 et seq.).
14. Will comply with P.L. 93 -348 regarding the protection of
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. 39 -544, as amended, 7 U.S.C. §§2131 et
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 Poisoniing
Prevention Act (42 U.S.C. § §4801 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.
SI NATURE of AUTHORIZED CERTIFYING OFFICIAL
TITLE
Assistant Director of Financial Services
APPLICANT ORGANIZATION
BATE SUBMITTED
City of Corpus Christi
r
TANG Grant #476 -07014
Standard Form 424E (Rev. 7 -97) Back '