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HomeMy WebLinkAboutC2006-464 - 9/12/2006 - Approved TEXAS STATE LIBRARY & ARCHIVES COMMISSION LIBRAR\ SYSTEM OPERATION GRANT (,rant Number: 470-07004 D ORIGINAL I. CONTRACTING PARTIES ,rantee Texas Stall' Llbral\ and Archives Commission ,TSLAC) City of CClrpus Christi. Corplls Chnsti Public Llbrar" 805 Comanche StT l~et Corpus Christl. Texas 7840 .27! 'i '. ,rantor H. TERM OF GRANT ';epkmbc'r . 2()()(1 to August i . 200' III. STATEMENT OF SERVICES TO BE PERFORMED Grant.funded actlVIlies shall support amI encourage the active and successful participation by libraries in services offered by the System and 1 he Gramor The Grantee wi 1I,0mply Juring the penod of this contract and provide services as outlined within the grant application System Plan ot Service tor State 1-<1'07 as approwd bv the Grantor. The approved Plan of Services submitted by Grantee becomes part of his, ontraC' by Ihis reference IV. GRANT AMOllNTS AND DISBURSEMENT REQUIREMENTS S'UJ~'e 01 funds: \' '. c.. \) c: ,,\1 . ... yCC;~~ ~, ,-' ...\,,\~(:. Cl',,\\)\'l ~C~ ;\.) The iotal amount of the "rant sh1l1 nol cxclTd: PI 0,821 Federal Funds. CFDA # 45.310 Inslllute of \1useum and Libran Servlces.'ilate Llhrary Program lIMLS) h'Jc'fal Fiscal Year 2()OI; (iencral Re\ enue SLlk Fiscal Year 20m 01 Ihe tOlal ~lmount aWMdeJ fOI all Systen Opcralton Grants. 80 ',1, is from Federal L.S.T.A. funds (Systems Act P.L. 108-81) ~li;d'ook is irom State C;cnerall<evenue. An indIvidual Grantee's disbursement may vary. The C,rantee must request payn1l'nts from t iranlor '.1l1 the TSLAC Form. Request for Funds (RFF). Requests may be submitted to (,runtor no more often than onc, per monl!!. and no less often than once per quarter. Funds will be paid to the Grantee provided (,tanlor !u~ received a lully t'xecllted contra,:! and Grantee has fulfilled all requirements for preceding contracts. The Grallle,. IS restflcted to one uf I 'Wo methods t tJl requesting funds from Grantor. The Grantee may request reimbursement of adual expenditures tor the Granlee' ~ normal billing cycle. or advance oavment for estimated expenditures to be incurred for the uPc\'lnin!, ,'l) days. Onh Graote,.', proViding documentation to demonstrate a lack of sufficient working capital, and the ability to 11H11Jlnizt' tl"", time elapsmg het\1 cen trans! 'I of lunds from (irantor and disbursement of grant funds will be allowed to request a':v,mce pa\ menls hymen!' Oi advance lunds will'e dlshursed h) the first working day of the advance period provided the RFF Form is received by Ciralltor fl() :ater than thl' 15th of he previous month. Should excessive cash balances be maintained, Grantee may be required to use the- i .:Imhuhement prOi.:Css. Gral :lor must rclei \C fll1al requesT for advance no later than July 15, 2007. Grantor must receive final p'qu:?st tc-r r,'imburscmcilIIHllatl r than Oct'lher 1<;;.2007. Ti,c GranIc',' may not phlwate ,)r encumber grant funds atter August 31, 2007 All obligations and encumbrances must be hLlludate~Ls.'r paid llP lal::'l than October 1:'. 2007. ;\ ilIl1expeilded t und~ must bc : eturned to Grantor with the Final Financial Status Report (FSR) per requirements in the Federal ( .lilts \1anagement Handbook 'lee SectH Ii VII. Dof this contract for FSR due dates. H. IlllCiest ('arned in excess of '- 100 must he returned to Cirantor. per requirements in the State of Texas Uniform Grant Management Standards i l1GMS 'I he Grantei..' wtll add any progr.lm Il1come to the I unds comnntted to the grant, using such program income for the purposes and ll:,dn th, l ,nditi,m, .)11he grail. The SOUTe and amount of the program income must be explained in Section 9 of the TSLAC I '.1< j orn 2006-462 08/29/06 Res02694(1 rs L\ ( ! or 7 TSLAC p.". ill' i1pp!ilved grant ,lppl1calIi ,n, funds en' aut!ionzed according to the following budget: $233,790 $87,747 $37,000 $5,500 $173,745 $114,429 $28,845 $681,056 $29,765 $710,821 f"r,.mne hin"e B,'rhi'its 1 ij\d Equ I pmenU Propert y Supplies C"l1iractual QlfuL___._ ____. T,tal Din~c! Costs IndIrect Costs T,tal v. WRITTEN REQUEST FOR FISCAL AND PROGRAMMA TIC CHANGES rhe CIralltee must request written prior Jpproval h Ir fiscal and/or programmatic changes as outlined in this Section, Grantee must submit 'equ,~st lor program and/or fiscal changes on the System Grant Program Revision Form, Under no condition may a Grantee request to 'xceed the total grant amount. Grantor must receivt all change requests on or before July 31,2007, Requests received after this date will be ,dnsldered,}ll a case-by-case bastS. Grantee must receive written aoproval from Grantor before obligating or expending grant funds under any flf the following conditions. Fiscal ,:hangcs must have written rrior appro.a] under the followmg conditions: :\laking . umu]ative transfers ,tmong buJget CdS! categories or projects which are expected to exceed ten (10) percent of the t<'la] gran!: and/or. Translt~rnng any funds into a hudget cost category that currently equals zero ($0). k. Programmatic changes {r> Ihe approved application (System Plan of Service) must have written prior approval under any of the 10111 'w 109 li mditions (Ibtainmg the services of a tJ1Ifd party \( perform activities that are central to the purposes of the grant; and/or, Changrn" the scope,r objectives of the approved program, regardless of whether there is an associated budget revision. A ':lange III scope is a ~ubstant! ve difference in the approach or method used to reach program objectives. ( hangrnl! key persons specih~d in the~cranl: Svstem Coordinators (or Executive Directors) are considered key personnel for t i.e pUlp lse of thIS section Chan~cs to the' items lrsteJ under .he followmg cml categories are required if an item's cost or features are substantially different trom what Ihe approvcd grant application specifics, Ill' from a previously approved fiscal or program revision. Note: Written prior appro \ a] IS fl'Ljuireo for ALL changes involvmg the purchase of computer equipment or Internet services. In addition, Grantee mU,j ll1mptv with Internet Safety I . ertificatIcn reLjuirements. as further outlined in Section XII of this contract. ele-a\'.i![J Costs '\nne Insurance (if not reqUired by tile grant) '\ l1ne , Rearrangements and AlteratIons of Facilities '\one -+. EuuiDment/ProDerty Staff PC printer. mOll1tOl f\lain Server n,ooo ~ 2,500 VI. EQUIPMENT AND PROPERTY REQUIREMENTS \. All changes to items listed in tile Equipment/Property category specified in Section IV. I. of this contract require written prior approval. l11is category rnclude, equipment. fumiture, library materials, etc., purchased wholly or in part with grant funds. The approved hudget amount listed rn Section lV.I.plus any subsequently approved Budget and/or Program Revisions, will be the total approved eLjuipment expenditure amount. This is defined as the cost of the equipment and/or property, including any cost necessary t. put the Item into servIce, such as the cost of any modifications, attachments, accessories, or auxiliary apparatus necessary to make the item usahle for the purpose t. lr whIch it '~ acquired. Ancillary charges, such as taxes, duty, protective in-transit insurance, freight, afld mstallalion may he mcluded in, or ex,,'ludeo lrom the expenditure cost in accordance with the Grantee's regular accounting pi al1lces and Generally .\ccepted Accountlllg PractIces (GAAPl II The Grant.e'i.' will comply with UGMS Pm IlL Subpart C See 32 (0)(3) whIch requires certain items of equipment to be IlIaliltainc"d on inventor\' itthe 11,~m's Ulst,. ahow $500 1"'\ 20(>" SV"cm \ 'l'Kration, (,ranI ,of7 TSLAC )C' Urallle, agree' to.lIbnllt till' TSLAC Eqlllpment/Property Acquired Form with the Final FSR, no later than October 31, 2HO'" fOI o!lj eqUlpmel1lipropen purchas\l! V\ ith grant funds dunng the FY07 grant year. This list must balance with the cqu i iHnent/properlV pUlhased mder! he Ippnn cd grant application and all subsequently approved Budget and/or Program Rv m)l]' Cn .Ultee 'Ilk;t furmsh d statem:nt to Grantor (ertdying th,' governing entity's capitalization level with the approved grant applicatwnlr the first RFF submitted Gr.lI1t(\~ ,lgrees to maintaIn records on all equipment/property with an acquisition cost a!''l' g'" e'ning entltv', capita!;;.atioll lev,1 Sil!JI._~ct I' tile obligations and Llinditlons S,'I forth 1II the UGMS Part ill, Subpart C, Sec, 32, title to equipment acquired under a gl,tIi Will v,'st in the Grantee upon acquisitIon, Grantee must include any equipment/property acquired with grant funds in the r"ljUired r.1-,mnual properly II1velltory. and 1('lIow the UGMS Part Hl Subpart C, Sec. 32 (d) that requires the Grantee to reconcile tlL 'LJuipment/propertv [::cords vlth a phys.calll1vcntory of the eqUipment/property every two years. This bi-annual inventory does 11. nced 1,) i)e submitted \0 Gran, or, but mu;t be maintained by the grantee and will be subject to review by Grantor. When property I> .l'~ted :11 ihe Grantee (/rantec \vill disp\N oj equipment/propeny in accordance with the UGMS Part III, Subpart C, Sec. 32 (e). \\ iWI1 th. (:Iantee has b. ',,'n C':i VC': federallv ',r '-laic-<lwned equipmelltJpropeny. Grantee will follow the UGMS Part III, Subpart C, S ;2 i i VII. REPORTING REQUIREMENTS rhe ')tatc L,.:gislatUl e has chargnl the Gmntor with submittmg perfoffilance measurement reports that specify the level of services provided ']v ih prllgramsmd services III acceptmg these grant funds, the Grantee acknowledges responsibility for performing certain services on ',chaif oj [he' Grant"r, as outlined in the lpproyed Plan ,)f Service, Therefore, the Grantee is responsible for submitting periodic reports that dInt the' Grantee ~ level 01 pcnonnance on the,c serVIces to the Grantor. To comply with these requirements, the Grantee agrees to ,uhn!ll reports lint Ire timely ;1\ ,urate, duditahle, and consistent with definitions. Till' Granlee agrees to ,ubmlt a larrative quarterly report on .lll activities relating to the program to the Grantor form to be layed uut !'y thl (,rantor on 01 hefore lue dates I .aed III the following schedule: Reporting Penod ')erlember I, 2(l06 No vember 30 2006 I le,cmber I, 2006 - February 2t1. ~ 007 March I. 2007 \1ay 320m I Ull.' I. 200'"? !\ugust:;! . 2007 Due Date December 7, 2006 March 7, 2007 June 7, 2007 September 7, 2007 K. The Grante,' agrees to ~ubmit the' TSLAC FSR form for the grant funded under this contract no later than the due dates listed in tli<' follOWing schedule Grantl'e should submtt a Final FSR once all grant funds have been expended and all program r\'qlllreml'nlS are accomplished Grantee,houlJ mark the last required FSR as "Final" and not submit any subsequent FSR t, 'rlLS, Rcnortmg PeriOd <";eplember I, 2006 Nnember 30 2006 r le, ember 1, 20(J6 - Fehruary 28. :'007 \larch I, 2007\1ay 3 2007 Illne> I, 20m '\ugust'! , 200; Due Date December .30, 2006 March 30, 2007 June 30, 2007 September 30, 2007 (; rantee will provide prompt and detailed financial reports as requested, in addition to the scheduled Financial Status Reports 11 illl."essar: a revised fmal FSI< must he submitted no later than October 31,2007. The Grantee will send the Grant\lr a copy "t all management letters issued by an auditor with the reporting package, UGMS Part 1\ 'lubpan C Sec,~20 (h). Within 30 days llr the audit. The audit's Schedule of Expenditures of Federal and State Awards lliUC,i list ih\.' amount 01 rSLAC Jwards expended lor each award year separately. n '11;\' Grante, will submit the re4uired Workshop Reporting Forms to the Grantor lor the period of September I, 2006 to August ~, i, 20m Workshop R~portin~ Forms sluuld he submitted following each workshop, with all forms submitted no later than September 30. 2007 Le, Tile Grante,' agrees to submit tlk' reqUIred Nanatlvc Repon tll the Grantor twice during the grant period, The first is due no later tli,1n March 31. 2007 and the final repon i' due nll later than September 30, 2007. (,ranlee ~\g!l,;es to partiCipate in Outcume ILlseJ Evaluation (OBEI. as determrned by Grantor, for the grant period of September ::"106 I,) \ugust 31 2'107 GLintee \'VlII .,ubmit OBE report to Grantor no later than September 30,2007 1'1 .'00 '>v,,'''III: IOnalio!1- (rani , 017 TSLAC VIII. GENERAL TERMS AND CONDITIONS Pie; ,ranlet will L'umph WIth tli. System Plan l( Service Program Guidelines for SFY 2007. TIK' iramel will Lumpl\ Vvlth tli ' Rule., fo. Admll1istering the Library Systems Act. Texas Administrative Code, Chapter 1, Rules Rule I 97 (.\' willn{; be appliG:ble dunng the tenn of this grant. The \Jrankt will comply with tht followmg parts (.1 the Governor's Office of Budget and Planning, UGMS revised June 2004, It 'lated at ~\\.j.'W. i!oyernor state. t.\. usldivision\/statei! rantsleuideline~jfilesIUGMS062004.doc. P'irl ( :lst Principle, tor Sute and LOtal Guvl~rnments and Other Affected Entities (Adapted from OMB Circular A-87) Pen il. "Iate l'nirurlll Admil!lstratlVt.' R"'4ulrelllents fur Granb and Cooperative Agreements (Adapted from OMB Circulars 102 and A 22) P.,rl III. "tate of TCXdS Singk Audit eir,ulm (Adapted from OMB Circular A-I.B) F,,! ):ranl' lunded with federal funds, the Grantee will also comply with the Office of Management and Budget (OMB) Circular A- I ~ ,-\udlt~ 01 Slate~. Local (J,wernments, and Non-Profit Organizations (revised 6/97), located at: !:I..H11 . whuelwuse.i!O\/omhlf!rant\/erallts cit culars.html. Tile GranteL will compl:--' with the IMLS' .,:'i Code of Federal Regulations, Part 1183, Uniform Administrative Requirements for Crants and rooperatIve i\greemcnts to Statt~ and Local Govemments (adapted from OMB Circular A-I 02). Ad l'ubliut\ relatmg to the grant award mu,t include acknowledgement of the Institute of Museum and Library Services and Texas Si:l!1 Libral\ and Archives Commission WlleneH'r possible and practical. Publicity includes, but is not limited to press releases, I1lc'd!a Ch'nh, public nents. displays 111 thL henefitmg library announcements on the Grantee's website, and materials distributed through the ::;rant project The G'antee wi II pro\ ide Grantor With one set of all public relations materials produced under this grant ,\ nli the ftn.d FSR (!! al1tee understands thai acceptance of lunds undL'! this contract acts as acceptance of the authority of the State Auditor's Office, or anv,ucCL'ss"r agency. to ,onduc: an audit (I" investIgation in connection with those funds. Grantee further agrees to cooperate fully " nh the StatC Auditors Office (}! Its succes~or in the conduct of the audit or investigation, including providing all records requested. C::anlee v. III ensure thatlhis daLhC concem,ng the authority to audit funds received indirectly by Sub-grantees through Grantee, and tk ;_'qullc'nlt~nt to looperate. is \!1c1uded in my ,uh-grant awarded. The Grante, agrees to mamtall1 ,:II financia, and programmatic records, supporting documents, statistical records, and other records n'tallng I,' t!m grant award lor a minJlllum.lf five years after Clost' of Grant Close of Grant is defined for this grant as the date (i! antee ,uhmits tu Granlor the Fi nal FSR fer the ClllTent grant period ThL' GramCl agrees to dl'velop Ui revise. as '1cce,sary, any specific written documentation of its current procedures for (I) collecting and !'cPO!tllig performance rnea>ures: 1.2, c.mducting a fixed asset mventory; and or, (3) any other issues identified in Grantor's i!!lClI1al aud!t report of p'ant acpvities. Drafts oj this procedural documentation will be submitted to Grantor by dates established li'ut ually hel ween Grant"[ and (;rantee GI antor Will provide review and guidance to enable final versions to be approved on or hdpre eSlarilshed deadline, IX. ENFORCEMENT Remedies lur noncompliance. ]1 a GranteL ,J[ Sub-grantee materially fails to comply with any term of an award, whether stated II a state ,CHute or regulation, ;u assuranc;~, in a state plan or application. a notice of award, or elsewhere, Grantor may take one (, more d ,he followmg action, or Impost' other sanctions. as appropriate in the circumstances: l'el11pcrarily wlthhuld cash payments pending correction of the deficiency hy the Grantee or Sub-grantee, or more severe enlorc,'ment action hy Grartor: Disalh,w (that I~, deny b0111 use of Lmd, and matching credit for) all or part of the cost of the activity or action not in cOI11[Jkmce: Whldh or partly su~pend (H termmate the ,:urrent award for the Grantee's or Sub-grantee's program; Withh,dd further awards lu[' the progLlm: DI Tak,' ('Iher remedie~ that flUY he legallv a\ailahle. " H. Hearings. apoeals. In taking an enforcem,~nt actIon, Grantor will provide the Grantee or Sub-grantee an opportunity for such hl.'anng. appeal. or other adl11l11istrative proceeding to which the Grantee or Sub-grantee is entitled under any statute or L'l!;ulation applicable tuthe acti,.n involved Et leets ut,>uspension and termll1ation, C IstS uj Grantee Dr Sub-grantee resulting from obligations incurred by the Grantee or SubgrantcI during a suspension or after krmll1atlon of an award are not allowable unless Grantor expressly authorizes them in the noUL e ;jf suspension ()[ krminatlon or subsequently, Other Grantee or Sub-grantee costs during suspension or after kCllllnath)l, which are nccc.,>sar\ and not r ~asonahly avoidahle. arc allowable if: f-'; :'O( S",em l[liiatHlI'" ( 'ranI of7 TSLAC !.he "ts resultin~ 1rom ohligatlons \vhICll were properly in~urred by the Grantee or Sub-grantee before the effective date ,I SUS!'C1flSion or lL'1 mmatHn\ are lIot il antIcIpation of It and, mthe case of a termination, are noncancelable; and, rhe "ts would lw allow~it)le II the lwald Wl~re not suspended, or expired normally at the end of the funding period in \vhll!1 ilC termmatL,n lakl."..'f!CCI RdatlOnsl1lD to Debarment anu Susoens!\Jn, fhe enforcement remedies identified in this section, including suspension and tllmmatiun do not preclude Guntee or Sub-grantee from hemg subject to "Debarment and Suspension" under Executive Order ]''i~9 (~lC iGMS Pan 1[1. Suhl'art C See '5) and state law X. CONT\('TS ,\'1' TSLAC )ut',tion:, ,r concerns ahout programmatic issues, budget and or orogram revisions and anv narrative reports should be directed to this !rall! s Pn\1cct !\hlllager .ibrary "ystems Admimstraur PhOlll' 12-936-223b / Fax. 'i 12-463-~ '100 I-mal!: mailto:ciowalsas@tsl.state.tx.u~ )ut'\tlon, "r concerns about regulatory or financial issues should he directed to' 'vlanagel, Accounting and Grants Department Phone:'" 12-463-6626 / Fax: .;; 12-475-01 S5 !:-mall: Inmartin@tsl.state.t!\.us !)oeumelltatlOn ,,' ljuestions relating tl, required Requests for Funds, Financial Status Reoorts, and Equioment/Prooerty Acauired !3&lliu:! ~;ll()uld b,. lhrected t,) ( ;ranh .\ccountant Pholle: 'i12-463-54n / Fax: 112-475-0IS5 f -mall: ,rrants.accounting@hl.state.tx.us Payment' I rom Grantee to Grantor. sue h as those I,)r t;xcess advanced funds or for interest earned on advanced funds, should be mailed ,,,ith a fl'\ i,ed FSI< an explanatIon 01 t he purpose of the payment. and the grant number. This information shall be directed to: ( iranh l\ccountanl \cCounlll1g and Grants Department ;'exa~ Slate Library and Arclllves C,)mllllSSlon PO Box 12516 \ustll1. IX n711> 16 XI. .\PPLICABLE AND GOVERNING LA" The law, oj the State 01 Texa~, shall gov..;rn Ihls grant. All dUlIes 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 I he SLltl of Texas and the f'rum and V.'Ilu( for such disputes shall be Travis County, District Court. K. 1'111' granl I, subject to ".vailabil'IY of lund, XII. GR:\NT CERTIFICATIONS fe, (Jiantor u?rtlfies that: (I ) the sel vices spec I fied III the approved grant application and this contract are necessary and essential for ,h11\ ities that are properly withm the statUlory functions and programs of the affected organizations; (2) the services, supplies or materials c(\lltracted for are not p.'quired by ')ectlOll 21 of Article 16 of the Constitution of Texas to be supplied under contract given t, ti,L' klWC,( bidder: amI. (3) the grant is if' compliance with Texas Government Code *441.006, Texas Administrative Code Title X III * I ,41,. Texas (Juvernmem Code *4+ I. I ~s Grants (Systems Act), P.L. J 08-81. the Library Services and Technology Act if STA). Ihl State Plan 1<)1' the L.'TA 111 Tex lS and I 'GMS The Granlel affinns that It has n, It given, 01 fered 10 give, nor intends to give at any lime hereafter, any economic opportunity, future ei1lploynll~m. gift loan. gratuity special disl:ount. trip. favor or service to a public servant in connection with this contract. The (,rantee lunher affirms that its employees I.r agenh shall neither solicit nor accept gratuities, favors or anything of monetary value t " 1)1' coni ral tors, potential contrdctors, or partie~ h) any suh-agreements. Thl Gran tel certifies b\ t111S contract that no Federal appropriated funds have been paid or will be paid, by or on behalf of the ( li alllee. ,0 ,lilY person I elr mtlUlllcing or altcmpting to intluence an officer or employee of any agency, a Member of Congress, an (,i fie er ()I employee 01 C \ 'ngress or an employee <If a Member of Congress in connection with the making of any Federal grant, the entering !Ill" of any cooperative agreement. and the extension. continuation, renewal, amendment, or modification of any Federal pun or; ')Operatlve agreement t allY fund... other than Federal appropriated funds have been paid or will be paid for such purpose, Ii,' ,rank,' ~hall -.:ompkte andubmit OM B flfm SF-LLL Disclosure of Lobhying Activities, in accordance with its instructions. F1 :'0('- ';''''''''IlI' 'ill alioll. ( .,ant , 01'7 TSLAC The ',ramel ~hall reljuJr,' that III languagc \)f Ih1" certification be II1cluded in the award documents for all subawards at all tiers (liI(ludin~ "llbgrants. c(1Illracls under grant:, ,md cooperative agreements. and subcontracts) and that all subrecipients shall certify al,d Ilscl"'l' dccordingl)l~ ~peC!liellll1 Titl' 111 ~\, Code. Sec', 11"2 (,unlee ha~ provided \l) Grantor' he manllat<lry Internet Safety Certification (Certification) that it is in compliance with requirements O! :h,,' Chilll!en' s Internel Protect Ion Act (CI PA) lo! any felleral lunds under this grant that will be used to purchase computers used l(. ,k cCS, I.h,: Internet ()! pay tOl the lIm:ct :\lsh ,Jj accessing the Internet. Grantee agrees to collect, as required and appropriate, Cnilicatlo!l forms from all libralles receivmg bendlts of federal funlls expended unller this contract. The "ranlee certities thaI no telleral funds hlm thl' grant awarll will be made available for a public library, or public elementary or "\-,,nllaf\ ",hoollibraf) that lIoc, not currently receive E-rate "ervices. to purchase computers used to access the Internet or pay for t1", ,ilrecl .:("ts of acces"mg the Internet. unless Ihe library has certil1ell compliance with the applicable CIPA requirements. Should f,',krallu!lli' awarded ,I:. part 01 this grant he lIsed to purchase computers for a public library, or public elementary or secondary "I\<I()llihrarv that doe" IHlt cUITelltly !eCelVl E-rate ,crvices. to be used to access the Internet or pay for the direct costs of accessing t11' i!1tern\~1 Grantee wld cnsun Certilicatliln I(lrm, are received from all librarie" receiving benefits of federal funds expended Iud, r thl' ".ntrac! Tile GraniC, certihe, all Jpphcaht~ acllvltie, related to this grant will be in compliance with the Copyright Law of the United States (Tilk 17) Code) I], addition Ii I federal reljulremenb, state la\' requires a number 01 assurances from applicants for federal pass-through or other state- appnlpriated funds. (L'GMS Part rII, Subpar, 8, See 14 - State Assurances): 'ubgrantee must comply wlth"exas Government Code. Chapter 573. Vernon's 1994, by ensuring that no officer, 'mployee, or memher ,I' the app licant' s governing hody or of the applicant's contractor shall vote or confirm the ,'mployment ul ,illY pel "on related wlthlll the seconll lIegree of affinity or the third degree of consanguinity to any lllembcr oj the .'!\lVerning body or ,0 any (lther officer or employee authorized to employ or supervise such person. This proillbition shall not PI' lhibit the ('mployment of a person who shall have been continuously employed for a period of \" years, or sUlh othel penod stIpulated by local law. pnor to the e1ectlUn or appointment of the officer, employee, or ",)\ ..'rning bod\ membe' related to ,uch person in the prohibited degree, \ 'uhgrantee must InSUle that all II1formatlon collected, assembled or maintained by the applicant relative to a project \\ 1Ii be availabk to the i1ublic lIunng normal business hours in compliance with Texas Government Code, Chapter 552, \ c!!lon's 1994. unless (therwise expressly prohibited by law. 'ubgrantee must comply with Texas Government Code, ('hapter 551. Vemon's 1994, which requires all regular, special ailed meetmg 01 gP. ernmental bodies to be open to the public, except as otherwise provided by law or specifically penmtted in the Texas C lI1stitutlon t+ "ubgrantee must comply with thL rexa~ Family Code. Section 261.10 I which requires reporting of all suspected cases of , I1lid abuse to 1(ILallaw \~nforcement authorities and to the Texas Department of Child Protective and Regulatory Services. "ubgrantees shall also ehure that ail pmgram personnel are properly trained and aware of this requirement ( '. "ul'grantecs WI Ii comply with all teJera! ,tatutes rclatlllg to nondiscrimination. These include but are not limited to: (a) Title \ I II the Civil Rights \ct 01 196~ (P I K8-352) which prohibits discrimination on the basis of race, color or national llt'lIl; (h) Title IX of the Educati()!1 All1t'ndments of 1972. as amended (20 U.S.c. SS 1681-1683, and 1685-1686), which prohibits discnmmation \lll the ba~is ol,cx: (c) Sectton S04 of the Rehabilitation Act of 1973, as amended (29 U.S.e. : 7"4), which prohibits ,ltscrimination (in the basis of handicaps and the Americans With Disabilities Act of 1990; (d) the \gl Discriminallon Act, If 1974. ai amended (42 U .SC. ~*61 0 1-61 07), which prohibits discrimination on the basis of age; . i lhe Drug Ahuse Ofti, e ami Tredtrnent Act of 1972 (P.L lJ2-255), as amended, relating to nondiscrimination on the basis I !rug abuse: f) the ( umprehen,lve Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of Tl) (P.I. () 1 -h! 6). as "mended, I 'Iating tn the nonlllscrimination on the basis of alcohol abuse or alcoholism; (g) ~~523 \11(1 S27 <lj II1\' PUhltl Health S,~rvile Act of 19! 2 (42 U.s.e. 290 lId-3 and 290 ee-3), as amended, relating to \IiJidcnllaltt\ 'I alcohl and lIrug ahu~e p,ltient records: (h) Title vrn of the Civil Rights Act of 1968 (42 US.e. ~3601 et ,~L, I. as amenlll'd. !elallng to nondlscnmlllation m tht' sale rental or financmg of housing; (i) any other nondiscrimination i1c;lsion" in tll<' speci Ii statute( s I lnder 'oJ, hich appltc atlOn for Federal assIstance IS being made; and U) the requirements of "n\ other nondls.:nminai Ion statute ~) \\ hlcfl may applv to the application. \uhgrantees Will lOmply, as dpplh:ablc. with the prOVISions of the DaVis-Bacon Act (40 USe. ss276a to 276a-7), the (upeland Act (4() I .SC SS276c and I K Ii S.c. S9874). and the Contract Work Hours and Safety Standards Act (40 U.S.e. ,~. ~ ; 27 - 3:'\:'\) reg ardi ng I., hor standards tor j cderally aSSIsted construction subagreements. \uhgrantce~ wili (Ompi\ With the pnlVlSlons of the Hatch Political Activity Act (5 US.e. S7321-29) which limit the !,()lltical actlvil\ ilf empi()yecs who,e prinCipal employment activities are funded in whole or in part with Federal funds. : 'I '>uhgrantces WII! compl' with the J 1l1llilTlum wage ami maximum hours provisions of the Federal Fair Labor Standards Act ,..n\l the Intergt)\ crnmeni.ll Personnd Ad \)1 1970. as applicable. F! 'OJ. Sv. em 'p,:atiol1. t ,rani h of7 TSLAC '~ubg:rantees WI msun that the tacilitles under its ownership, lease or supervlSlon which shall be utilized in the L, ,mplishment ul lhe ITojecl arehlt lisled on the Environmental Protections Agency's (EP A) list of Violating Facilities "Hi that it will 1,,)tllv thi Federal ganU'1 ,lgency of the lecelpt of any communication from the Director of the EPA Office h~deral Actl\ nil> IIllH,:ating tha ,1 Ilcdltv to he used 1lI the project is under consideration for listing by the EPA. (EO zx \ut'grantees Viti' assist lile awarding agency in assuring compliance with Section 106 of the National Historic Preservation uf 196h. d- amelwed (I() Ii SC 470), EO 11593 ,identification and protection of historic properties), and the \rl !meological ;Hld Hisl, 'ric Prcser' ation'\cl of 1974 I 16 l' s,c. 469a-] et seq.). t! \ubgrantees will compl with PuhlIc Law 103-277. also known as the Pro-Children Act of 1994 (Act), which prohibits ,mpking wilhlllmy pOr1,on of any indour facility used for the provision of services for children as defined by the Act. I _ \ubgrantees will compl With allederal [ax laws and arc solely responsihle for filing all required state and federal tax InHS I \ \uhgrantees \'illi compl' with all applicahle reqUlrenwnts \,1 all other federal and state laws, executive orders, regulations lilt! poliCies gO\c'ming tillS progran -t I'hc applicant musl certl: y that they are 110t deharred or ~uspended or otherwise excluded from or ineligible for participation L'deral assIstance proiCrams ;;; \uhgrantees must adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of H<.:alth as required h: the Tex.L<; Health and Safety Code, Ann" Sec. 85.001, et seq. SI(;NA TURES GRANTOR GRANTEE City of orpus Christi, Corpus Christi Public Library ust be an official empowered to enter into contracts. SIgn t' Type~~n0(:r~;lIlt~ ~a~tK l_,it-~ JY\mJ~4 (fJ 1)0/1\ ( ~__._,___~,-'L-,_,__~ DaL,' Title J .. &ZI-~ b__ APPROVED AS TO FORM: ugust 23, 2006 Dale - ----,-~- '-:r' Dehorah l.lttrell, Library De\elopmenl Director 7" \ k \ iwl. h.,1,.f"\.tA Olk ~dY' E -." f9g d ~'-\JV '-" Assistant City Attorney ~or City ~ttorney Dale Chns J(1~aisas . i ~ J'Z1..<r) [);;"A~v yt 18 ? r~.-" I ...L.-~.. ~nmr: ,~~ ,--- Fl'on ')'>'em IIJC'!ation., C"anl of7 f"\e' l 41 ~(1 AUI~UKILL. ~~~~:~;~.=~~~~~. K!.11i9i iCifiA~A/ TSLAC I r rhe undersigned certIfies, to the best of hIS or her knowledge and belief, that: N"o 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 with the makmg of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or \:ooperative agreement. if any funds other than Federal appropriated funds have been paid or will be paid to any person for 1lltluencmg 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 onnection with thIS Federal grant or cooperati ve agreement, the undersigned shall complete and ~uhmit Standard FormLLL, 'Disclosure Form to Report Lobbying,' in accordance with its flstructlOns. rhe undersigned shall require that the language of this certification be included in the award documents for all subawardslt all tiers (including subgrants, contracts under grants and cooperatl ve agreements, and subcontracts) and that all subrecipients shall certify and disclose accordmgly. 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. i\ny person who fails to file the reqUlred certification shall be subject to a civil penalty of not less than S 10,000 and not more than $100,000 for each such failure. cy of Corpus Christi LSA Grant # 470-07004 Organization Name Project 'Jonstance P. Sanchez, Assistant Director of Financial Services ----.- Name and Title of Authorized Representative '-- --~-~'____"__'L ~ Signature L--~ 0 J 'i1 - :).. L( -.0 (" Date 34 CFR 82 to TSL 9304 FY99\Grants\Forms\Certification Regarding Lobbying.doc HilS certIfIcation is required by the regulatIOns implementing Executive Order 12549, Debarment and Suspension 34 CFR Pan 85, Section 85 510, Participant's responsibilities. The regulations were published as Part VII (If the May 26, 1988 Federal RegIster (pages 19160-12911). Copies of the regulations may be obtained by contaCling the person to which this proposal is submitted. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (1 The prospectlve 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. (I t Y 0 ':orpus Christ l Applicant Constance P. Sanchez, Assistant Director of Financial ServiceS Name and Title of Authorized Certifying Official L _ ,\ a <<>--:~~ ~-<-..-L _..~. ~--'L~) Signature . f? - 2Lf -oGo Date LSA rant # 470-07004 ASSURANCES - NON-CONSTRUCTION PROGRAMS OMS Approval No. 0348-0040 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing irstructions. searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of ir:forrTiation. Sent1 comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for ruJucng this burden, to the Office of Management anc Budget, Paperwork Reduction Project(0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: :::;ertaln of these assurances may no 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 '$ the case, you wi!! be notified. As The duly authonzed representative of the applicant, I certify that the applicant: Has the legal authority to apply for Federal assistance and the institutional, managerial and financiai capability !including funds sufficient te pay the 'lon-Federal share of project cost) to ensure proper planning, management and completion Jf the project cescriberj 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 t'le nght to exami'le all ecords, tooks. papers, or locuments related to the award; anj will establish a :irbper dccounting system accordance with generally jccepted accountln~l standards or age'lcy jicectives. ,ViII HS'3blish safeDuards pmhibit emplo/ees from .sing tr,eir position.<~ for a purpose t lat :or:stitutes or .;resents the appeamnce c personal or :.:;rganizational onflict :;! interest 0' persor:al gain 4 ,ViII initiate and cornplete tre work witlln the applicable me rame after receipt 0' approval )f !hi~ awarding ;gene y :5. Will comply with the Intergovernmenta, Personnel Act of 970 (42 U.S.C. Ss4728-4763) relating to prescribed standards for merit systems for progrems funded under cne of the 19 statutes or regulations specified in .Appendlx A 01 aPM s Standards for co Merit System at F'ersonnel Administration (5::.F.R. 90(:, Subpart F). 6 ~Vill r:;ornply With all Federal stat Jtes relating to ;'ondiscnmination. The{>e inClude but de not limited to: 1a) Title \/1 of the Civil Rights Act of H64 (P.L. 88-352) which prohibits diSCrimination on the basis ot race, color or national origin; (b) Ttle IX 0 the Education />.mendments of 1972, as amended (20 U.S.C. 9s1681- 1683, and 1685-1686), which prohibits discrimination on Hie basis of sex; (c) Section ')04 of the Rehabilitation Previous Edition Usablc' 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. 996101-6107), 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.91-616), as amended, relating to nondiscrimination on the basis ot alcohol abuse or alcoholism; (g) ~9523 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, 0) 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. SA;RAN # 470-.(1" ielL. Authorized for Local Reproduction Standard Form 4246 (Rev. 7-97) Prescribed by OM6 Circular A-102 ,.J. Will comply, as applicable, with Hie provIsions of the Oavis- Bacon Act (40 U.S.C. 99276a to )76a-7), tt-e Copeland Act (40 US.C. 92766 and 18 US.C S874), and Ole Contract Work Hours and Safety Standards Act (40 U.S.C. 99327- 333) regarding labor standards for federally-assisted ~onstruction subagreements Will comply. If applicable. with lood insurance purchase 'eqlNements of Sedor 102(a of the =loodDisaster ::Jrotectior: Act of 197:: (PL 93-234) Nhich requires 'eclpients m a special flood hazar.J area to participate in the Jrogram and to purchase flood insurance if rhe totai cost of nsurable construction ancl acquisition is $10000 or more. Nill comply with environmental standards which may be )rescnbed pursuant to the folliJwing: (a institution of 3nvrronmentai quality cortrol measures unoer the National :::nvrronmentai Policy Act of 969 (P.L 91-190) and ::xeculive Order (EO) l' 514; (t) notification of violating acilities pursuant to EO : 1738; iC) protection of wetlands lursuant to EO 11990; ((j) evaluation of flood hazards in !oodplains m accordance with EC' 11988; (e) assurance of lroject consistency with the approved Statf3 management Jrogram developed unde" the Coastal Zone Management \ct of 1972 (16 U.S.C. 991451 ut seq.); (f conformity of 'edera! actions to State (Clean f\ir) Implementation Plans nder Section 176(c) of the Clean Air Act of '955, as lmer,ded (42 U.S.C. 991401 er seq.); (g protection of inderground sources of drinkinL' water under ttw Safe Jrinkmg Water Act of 1974, as amended (P.L. 93-523); ind in) protection ot?ndangered speCies under the :ndangered Species Act of 197? as amended (P.L. 93- '05, !SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL ' I I c<L- .~ ___-t~-" ~) J'..;> c ~ 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 1 06 of the National Historic Preservation 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 of 1974 (16 U.S.C. 99469a-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. 89-544, as amended, 7 U.S.C. 992131 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 Poisoning Prevention Act (42 U.S.C. S94801 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. TITLE Assistant Director of Financial Services APPLICANT ORGANIZATION DATE SUBMITTED City oi Corpus Christ] 'JSi\ ~AN' #'-1 Ii 1-07004 ~- 24-0(., Standard Form 4248 (Rev. 7-97) Back ' Educatio ,~ All ~olunteers with direct contact with youth need to be well versed in how to work with the youth and to handle difficult situations that may arise. Volunteers are required to attend classes provided by Youth Odyssey. The classes will provide classroom instruction on Problem Identification: Signs and Symptoms and Prevention and Maintenance of Aggressive Behavior. Volunteers with all Youth Odyssey activities must have current certifications in Adult CPR and Standard Volunteers with the Adventure Wilderness Program (that include belaying) and all Mobile Climbing Wall Activities require volunteers to have either documented instruction from a nationally recognized climbing organization, or show mastery of belaying skills from Youth Odyssey's Belay Training. CYD Plan of Operation City of Corpus Christi 57 Fiscal Year 2007 September 1,2006 - August 31, 2007