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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. $5.001, et seq. SIGNATURES GRANTOR Texas State Library and Archives Commission Library Edward Seidenberg, Assistant State Librarian contracts. Hate Marilyn Martin, InteridVChief Fiscal Officer Hate Deborah Littrell, Library Development Director Date Chris Jowaisas t Conti (ct anager .4 uoj� IS, Lod Date GRANTEE City of Corvus Christi, Corpus Christi Public Signure Must be an official empowered to enter into ( eoi-c, �, Nbq, Typewritt n or Printed Name Title APPROVED AS TO FORM: August 23, 2006 Wendy E. gdler Assistant Ci ter Attorney For City Attorney tmt-.._,. wr. 4 0 W % w W a 0 A�r R1JP rtia4b r. -. — — - - f _ � _ - - - .1 - -i -_ � -- �1� iJ•�•ti •�t•S'•�, WSJ J �" {Si .ter /�- =. � �. ■ '�• .rc � L� Yom. f r • - . ~ .. .. � � }; �i+i- �� � ' }r • _ .. f+ • ' - � v� r � n• �f _� � - �; +� � - •� }¢ tom, �� ~��s '4 ��. •_ +r, 1' �• '+ .. •• 1. �• : • i •* � .•�r�'arr� �-� ;;-- '•2��{e rT- �• :nti _ ~ 2 • i- - �ar �•:+�a ,�!" c it FWF -a'•�' � •'ti;, *,{1� �• Si ' I +. a _ •� :�:i$ 1��� _.fir. + - y-ti:ri • - .::1 . ' ;_Ir. r '+ .' : a ,f. ~ _ F�`-�if�r�•� • �. {� ti [`, 1 .tit: ��Tr�'., .��'.!1: ��7! + - r �r � +#�i��4•�v :i }� ;ice , i _ ��' 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. 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'-"S; •F`r:•:v• ��. � r -. :fr•- - - - '4. �. .� f! i�'a.^ ;Fed YS J.- �s' :;�` --. .'r`L+�•, .-; ii.'� - •k_ •x:"i• _ 'r - - - 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 '