HomeMy WebLinkAboutC2007-275 - 8/28/2007 - Approved/
TEXAS STATE LIBRARY & ARCHYVES COMM~SSION
TECHNICAL ASSISTANCE NEGOTIATED GRANT
Grant Number: 476-OS014
I. CONTRACTING ~ARTIES
Grantor: Texas State Library and Archi~es Commission (TSLAC)
Grantee: City of Corpus Christi, Corpus Christi Pub~ic Library
805 Comanche Street
Corpus Christi, Texas 78401-2715
II. TERM OF GRANT
September !, 2~07, to August 31, 2008 (SFY 2008)
III. STATEMENT OF SERVICES TO BE PERFORMED
~
oRr~~NAL
Grant-funded activities shall provide services as outlined in the appraved grant application. Gran[ funds must be used to meet TSLAC
and federat goals, The Grantee must report information relating to best practices and performance outcomes. The Grantee will camply
during the period of this contract and provide services as outlined within the approved gran[ application (Technical Assistance
Negotiated Grant [TANG] for 3tate FY08) as approved by the Grantor, The approved grant application submitted by Grantee becomes
part of tt~is contract by this reference.
IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS
A. The total amount of the grant shall nat exceed: $78,250.OQ
B. Source of funds:
Federal Funds, CFDA # 4S.3I0
Institute of Museum and Library Services, State Library Program (IMLS)
FederaE Fiscal Year 2007
C. The Grantee must request payments from Grantor on the TSLAC Request for Funds Porm (RFF), Requests may be submitted to
Grantor no more oftan 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 reporting requirements for current and preceding
contracts.
D. The Grantee is restricted to one of twp methods for requesting funds from Grantor. The Grantee rnay request reimbursement of
actual expenditures for the Grantee's norinal billing cycle, or ad~ance oavment for estimated ex~enditures to 6e incurred for the
upcoming 30 days. Only Grantees providing documentation to demonstrate a lack of sufficient woricing capital, and tne ability to
minimize the time efapsing between transfer of funds from Grantor and disbursement of grant funds will be allowed to rec~~est
advance payments.
E. Payments of advance funds will be disbursed by the first working day of the advance period provided RFF Form is received by
Grantor no later than the 14th of the previous month. 5hould excessi~e cash balances be maintained, Grantee may be required to use
the reimbursement process. Grantor must receive final request for advance no later than July 15, 2008. Grantor must receive final
request t~or reimbursement no later than October 15, 2008.
F. The Grantee ma not ohli ata or encumber grant funds after Augusf 31, 2008. All ohligations aod encumbrances must be
I~uidated or paid no iater than October 1S, 2008.
G. All unexpended grant funds must he returned to Grantor with the Fina] Financial Status Report (F5R) per requirements in the
Federal Grants Management Handbook. See Section VII. B.of this contract for FSR due dates. As part of the Section VII
reporting requirements, the Grantee will regularly notify the Grantor of the amount of projected unexpended funds. The Grantor
reserves the right to act as necessary ta reduce these unexpended balances, including reducing the amaunt specified in 5ection N.A.
H. Interast earned in excess of $100 must be returned to Grantor, per requirements in the State of Texas Uniform Grant
Management Standards (UGMS),
The Grantee w~fl add any program incorrte ta the funds commiEted to the grant, using such program income for the purposes and
under the conditians of the grant. The source and amount of the program incame must be explained in Section 9 of the TSLAC
FSR form.
~oo~-z~s RECEIVED
os~~sro~
Ord. 027389 SEP 2~ 2~~7
TX State Library Grant i or ~ TSLAC
AC:C;C)i INTINC~
Per the approved grant application, funds are autharized according to the following budget:
Personnef $41,783A~
Frin e Benefits 14 192.00
Travel $12,140.00
E ui ment/Pro ert
Supplies $2,100.40
Contractual
Other $3,050.00
Total $73,2b5.00
Indirect Costs $4,985.00
Total
$78,250.00
V. WRITTEN REQUEST FOR FISCAL AND PROGRAMMATIC CHANGES
Tiie Grantee must request written prior appraval for fisca9 and/or programmatic changes as outiined in Ehis SecEion. Grantee must submit
rec;uest for pragram andlor fiscal changes on the Priar Appro~al Fo~rn. Under no condition may a Grantee reyuest to exceed the total grant
amount. Grantor must receive all change requests on or before July 31, 2008. Requests received after this date will be considered on a case-
by-case basis. Grantee must recei~e written apuroval from Grantor before obligating or expending grant funds under any of lhe
following conditions.
A. Fiscal changes must have written priar approval under any of the following conditions:
l. Making cumulative transfers amang budget cost categories or prajects that are expected to exceed ten (10) percent of the total
graiit; andlor,
2, Transferring any funds into a budget cost categary that currently equals zero ($0); andlor, ,
3. Expending any earned program income earned tnrough the utilization of resources funded by this grant; and/or,
4. Changing the items listed in the approved budget categories if an item's cost or features are substantially different from what
the approved grani application specifies, or from a previously approved fiscal or program revision.
B. Programrnatic chaoges to the approved application must have written prior approval under any of the following conditions:
1. Obtaining the services of a third party to perform activities that are central to the pur{~oses of the grant; and/or,
2. Changing the scope or o6jectives of the approved program, regardless of whether there is an associated bucfget revision. A
change in scope is a substanti~e difference in the approach or method used to reach program objectives; and/or,
3. Ct-anging key persons specified in the grant; System Coordinators (ar Executive Directors} are considered key personnel for
the purpose of this section.
VI. EQUIPMENT AND PROPEATY REQUIREMENTS
A. All fiscal changes to items listed in tf~e Equipment category specified in Section N. 7 of this contract require written prior approval.
This is defined as the cost of the equipment andlar property, including any cost necessary to put the item into service, such as the
cost of any modifications, attachments, accessones, or auxiliary apparatus necessary to make the item usable for khe purpose for
which it is acquired. lancillary charges, such as taxes, duty, protective in-transit insurance, freight, and installatio~ tnay be included
in, or excludetf from the expenditure cost in accordance with the Grantee's regufar accounting practices and Generakly Accepted
Accounting Practices (GAAl').
B. The Grantee will comply with UGMS Part ffi, Subpart C, Sec. 32 (d)(3) requiring certain items of equipment to he maintained
on inventory if the item's cost is between $500 and $100D.
C, The Grantee agrees to submit the most current TSLAC EquipmentlProperty Acquired Form with the Final FSR, but no later than
October 31, 2008, for all equipmenUproperty purchased with grant funds during the FY08 grant year. This list must balance
with the equipmendproperty purchased under ti~e approved grant application and all subsequently approved Budget andlor
Program Revisions.
D. Grantee must fumish a statement to Grantor certifying the governing entity's capitalization Eevel with the approved grant
application or with the first RFF submitted. Grantee agrees to maintain records on all equipmenUproperty with an acquisitian
cost above governing entity's capitalization level.
E. 5ubject to tne abligations and conditions set forth in the UGMS Part III, Subpart C, Sec. 32, title to eGuipment acquirecf under a
grant will vest in the Grantee upon acquisition. Grantee must include any equipment/property acquired with grant funds in the
required bi-annual property inventory, and follow the UCMS Part lII, Subpart C, Sec. 32 (d} that requires the Grantee to reconcile
the equiptnent/property records with a physical invenrory of the equipmendproparty every two years. This hi-annual inventory does
~ot need [o be submitted to Grantor, but must be maintained by the Grantee and will be subject ta review hy Grantor. When property
is vested in the Grantee, Grantee will dispose of equipment/property in accordance with the UGMS Part III, Subpart C, Sec. 32 {e).
FY 200$ Technical Assistance Negotiated Granl 2 of 7 TSLAC
When the Grantee has been gi~en federally- or state-owned equipmendproperty, Grantee will follow the UGMS Part III, Subpart C,
Sec. 32 (fl.
VII. REPORTING REQUIREMENTS
The State Legislature has charged the Grantar 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
hehalf 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 camp]y 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 quarteriy Performance Target Report to the Grantor, on a form to be provided by the Grantor,
on or before due dates listed in the following schedule:
Reportin~ Period Due Date
September 1, 2007 - November 30, 2007 Decembar 7, 2407
December 1, 2007 - February 28, 2008 March 7, 2008
March 1, 2008 - May 3 f, 2008 J'une 7, 2008
June 1, 2008 - August 31, 2008 5eptember 7, 2008
B. The Grantee agrees to submit the TSLAC Financial Siatus Report form for the grant funded under this contract no later than the
due dates listed in the fol~owing schedule. Grantee should submit a Final FSR once all grant funds have been expended and all
program requirements are accomplished. Grantee should mark the last required F5R as "Fioal" and not submit any subsequent
FSR forms.
Reportin Pg eriod Due Date
September 1, 2p07 - November 30, 2007 December 30, 2007
Decem6er 1, 2007 - February 28, 2008 March 30, 2008
March I, 2008 - May 31, 2008 June 30, 2008
June 1, 2008 - August 3i, 2008 September 34, 2008
Grantee will provide prompt and detailed financiat reports if requested, in addition to the scheduled Financial Status
Reports.
If necessary, a re~ised Final FSR must be submitted no later than October 31, 2008.
G The Grantee will send the Grantor a copy af all management letters iss~ed by an auditor with the reporting package. As
specified in UGMS Part N, Suhpart B, Sec. 235(c), the audit shal] be complated and submittad within the earlier of 30 days
after receipt of the auditor's report(s), or nine months after the end of the audit period, unless a longer period is agreed to in
advance by the state agency tl~at provided the funding or a different periad is specified in a program-specific audit guide. The
audit's Schedule of Expenditures of Federal and State Awards must list the amount of TSLAC awards expended for each award
year separately.
D. T~e Grantee wil! submit the required Workshop Reporting Forms to the Grantor for the period September 1, 2007 to August 31,
2008. Workshop Reporting Forms should be submitted following each workshop, with a~l forrrjs submitted no later than
September 30, 2008.
E. The Grantee agrees to submit an annual LSTA Project Report Form no later than September 3Q, 2b08.
F. Grantee agrees to participate in Outcome Based Evaluation (OBE), as determined by Grantor, for the grant period September 1,
20D7 to August 3i, 2008. Grantee will submit OBE report to Grantor no later than September 30, 2008.
VIII. GENERAL TERMS AND CONDITIONS
A. The Grantee will comply with the Technicat Assistance Negotiated Grants Program Guidelines for SFY 2008.
B. The Grantee will comply with the RuEes for Administering the Technicak Assistance Negotiated Graot, Texas Administrative
Code, Title 13, Part f, Chapter 2, Subchapter C, Division 2, Rute 2.212 and Title 13, Part 1, Chapter 2, Subchapter C, Division
l, Rules 2.110 - 2.119 regarding General Grant Guidefines.
G The Grantee will comply with the following parts of the Governor's Office of Budget and Planning, UGMS revised June 2004,
located at: www.governor..rtate.tx.us/divrsions/statekrants/AUirlelines/files/UGMS062004.doc.
Part I. Cost Principles for State and Local Governments and Other Affected Entities {Adapted from OMB Circular A-87)
Part II. State LJniform Administrative Requirements for Grants and Cooperative Agreements (Adapted from OMB Circulars
A-102 and A-f22)
Part III. State of Texas Single Audit Circular {Adapted from OMB Circu[ar A-133)
Fl' 2008 Technical Assislance Negotiated Grant 3 of7 TSLAC
D. For grants funded with federal funds, Grantee will also comply with the OfFce of Management and Budget (OMB) Circular A-133,
Aadits of 5tates, Local Governments, and Non-Pro~t Organizations (revised 6/97), located at:
www. whitehouse.ROV/amb/R rants/~prants_circulars.html.
$. The Grantee will comply with the IIvII.S' 45 Cacfe of Federal 1Zegulations, Part I 183, Unifortn Administrative Requirements for
Granu and Cooperative Agreements to States and Local Govemments (adapted from OMB Circular A-l02),
F. All publicity relating to the grant award must include acknow~edgement of the Institute of Museum and Library Services 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 bene~ting library, announcements on the Grantee's website, and materials distributed
through the grant project. The Grantee wil! provide Grantor with one set of al] public relations materials produced under this gran[
with the ~nal quarterly Performance Target Report.
G. Grantee understands that accepta~ce of funds under this contract acts as acceptance of the authority of tne State Auditor's Office, or
any successor agency, to conduct an audit or investigation in connection with those funds. Grantee further agrees to cooperate fully
with the State Auditors Of~ce or its successor in the conduct of the audit or investigation, including providing all rewrds req~ested.
Grantee will ensure th~t this clause wncerning the authonty to audit funds received indirectly by Sab-grantees through Grantee, and
the reGuirement to cooperate, is inctucEed in any suh-grant awarded.
H. The Grantee agrees to maintain all financial and programmatic records, supporting documents, statistical records, and other records
relating ta this grant award for a minimum of five years after C~ose of Grant. Close of Grant is defined for this grant as the date
Grantee submits to Grantor the Final FSR for the contract grant period.
I. The Grantee agrees to develop or revise, as necessary, any specific written dacumentation of its current procedures for (1) collecting
and reporting performance measures; (2) conducting a fixed asset imentory; and or, (3) any other issues identi~ed in Grantor's
internal aadit report of grant activities. Drafts of this procedt~ral documentation will be submitted to Grantor by dates established
mutually between Grantor and Grantee. Grantor will provide review and guidance to enable final versions ta be approved on or
before estabEished deadlines.
IX. ENFQRCEMENT
A. Remedies for noncompliance. If a Grantee or Sub-grantee materially fai[s ta 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 take 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 se~ere
enforcement action by Grantor;
2. Disallow (that is, deny bath use of funds and matching credit for) all or part of the cost of the activity or action not in
compliance;
3. WhoUy or partly suspend ar terminate the current award for the Grantee's or Sub-gra~tee's program;
4. Withho[d further awards for the program; or
S. Take ot~er remedies that may be legally available.
B. Heann~s, appeals. In taking 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 suspensio^ and termination. Costs of Gra~tee ar Sub-grantee resulting from obligations incurred by tE~e Grantee or
Su6-grantee during a suspension or after termination of an award are not allowable unless Grantar expressly authorizes them in
the notice of suspension or termination, or subsequently. Other Grantee or Su6-grantee costs during suspension or after
termination that are necessary, and not reasonably avoidable, are allowable if:
1. 'I'he costs resulting from obligations that were properly incurred by the Grantee or Sub-graotee before the effecti~e date of
suspension or termination are not in anticipation of it and, in the case of a termination, are noncancelable; 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. Ttelationship to Debarment and Suspension~ The enforcement remedies identified in this section, including suspension and
termination, do not preclude Grantee or Sub-grantee from being subject to "Debarment and Suspension" under Executive Order
12549 (see UGMS Part III, Su6part C, Sec 3S) and state law.
FY 2048 Technical Assistance Negotiated Grant 4of7 TSLAC
X. CONTACTS AT TSLAC
Questions or concerns about ro ramma[ic issues bud et and or ro ram revisions and an narrative re orts shouid 6e directed to this
grant's Program Administrator:
Program Administratar, Technical Assistance Negotiated Grants (TANG)
Phone: 512-936-2236/ Fax: Si2-463-8800
&mail: mailto:ciowaisasG~tsi.state.tx.us
Qt~esEio~s or concerns about regulatorv or financial issues should be directed to:
Manager, Accounting and Grants Department
Phone: 512-463-6626 / Fax: 512-475-0185
E-mail: mmartin@tsl.state.tx.us
Questions or documentation relating to required Requests for Funds, Financial Status Reports, and Eqainment/Property Acquired
Report shou[d be directed to:
Grants Accountant
Phone: 512-463-5472/ Fax: 512-475-01$5
E-maif: ~rants.accounting@tsl.state.tx.us
Payments from Grantee to Grantor, such as those for excess advanced funds or for interest earned on advanced funds, should 6e mailed
with a revised FSR, an explanation of the purpose of [he payment, and the grant number. This information shall be directed ta:
Grants Accountant
Accounting and Grants Department
Texas State Library and Archives Commission
PO Box 12516
Austin, TX 78711-2516
XI. A~'PLYCABLE AND GOVERNING LAW
A. The laws of the State of Texas shall govern this grant. All duties af either party shall be legally performabte in Texas. The
applicable law for any IegaE disputes arising out af this contract shap be the law of (and all actions hereunder shall he brought
in) the State of Texas, and the forum and venue far such disputes shall be Travis County, District Court.
B. This grant is subject to availability of funds.
XII. GRANT CERTIFICATYONS
A. Grantor certifies that: (1) the services specified in the approved grant application and this contract are necassary and essential for
activities that are properly within the statutory functions and programs of the affected organizations; (2) the services, supplies or
materials cantracted for are not required by 5ection 21 of Article 16 of the Consritution of Texas to be supplied under contract given
to the lowest bidder; and, (3) the grant is in compliance with Texas Government Code §441.006, Texas Administrative Code Texas
Administrative Code, Title 13, Part 1, Chapter 2, Subchapter C, Division 2, 12u1e 2.212, Title 13, Part 1, Chapter 2, Subchapter
C, Division 1, Rules 2.110 - 2,119 regarding Genera! Grant Guidelines, and the Library 5ervices and Technoiogy Act (~.STA),
and the State Plan for the LSTA in Texas and UGMS.
B. T~e Grantee affirms that it has not given, offered to give, nor intends to gi~e at any time hereafter, any economic opportunity, future
employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in wnnection with this contracE. The
Grantee further affirms that its employees or agents shall neither salicit nor accept gratuities, favors or anything of monetary value
from contractors, potential contractors, or paRies to any sub-agreements.
C. The Grantee certifies hy this contract that no Federal appropriated funds have been paid or will be paid, by or on behalf of the
Grantee, to any ~erson 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 Mem6er of Congress in connection with the making of any Pederal grant, the
entering into of any cooperative agreement, and the extension, continuation, renewal, arnendment, or modification of any Federal
grant or cooperative agreement. If any funds other than Federal appropnated funds ha~e been paid or will be paid for such purpose,
the Grantee shall cornplete and submit OMB form SRI.I.L, Disclosure of Lobbying Activities, in accordance with its instructions.
The Grantee shall require that the language of this certification be included in the award dacu-nents for all subawards at all tiers
(including subgrants, contracts under grants and cooperative agreements, and suhcontracts) 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 reyuirements
of the Children's Internet Protection Act {CIPA) for any federa! funds under this grant that will be used to purchase computers usec~
to access the Intemet or pay for the direct costs of accessing the Internet, Grantee agrees to collect, as required and appropriate,
Certification forms fram all libraries recei~ing benefits of federal funds expended under this contract.
E. The Grantee certifies that no federaE funds from [his grant award will be made avai~able for a public li6rary, or public elementary or
FY 2008 Technical Assistance Negotiated Granl S of 7 TSLAC
secondary school library that does not currently receive E-rate services, ta purchase computers used to access the Internet or pay for
the direct costs of accessing the Intemet, unless the library has certified compliance with the appEicable CIFA requirements. Shou~d
federal funds awarded as part of this grant be used to purchase computers for a public libraty, or public elemen[ary ar secondary
schaol library that does not currently receive E-rate services, to be used to access the Intemet or pay for the direct costs of accessing
the Intemet, Grantee will ensure Certi~cation forms are received from all libraries receiving benefits of federal funds expended
under this contract.
F. Tt-e Gra~3tee certifies all applica6le acti~ities relatecf to this grant will be in compliance with the Copyright Law of ti-e United States
(Title 17, U.S. Code).
G. In addition to federal requirements, state law requires a number of assurances from applicants for federal pass-through or other state-
ap~ropriated funds. (UGMS Part III, Subpart B, Sec. 14 - State Assurances):
1, A subgrantee must compiy 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 shali vote or confirm the
employme~t of any person reiated witE~in the second degree of affini[y or the third degree of consanguinity to any
member of the governing body or to any other officer or empioyee 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 6y Eacal law, prior to the election or appointment of the officer, employee, or
governing 6ody member related to such person in the prohibited degree.
2. A subgrantee must insure that all information collected, assembled or maintained by the app~icant relative to a project
will he available to the ~ublic during normal business hours in compliance with Texas Government Code, Chapter 552,
Vernon's 1R94,.unless otherwise express~y prohibited by law.
3. A subgrantee must comply with "Fexas Government Code, Chapter 551, Vernon's 1994, that requires all regular, special or
called meeting of governmental bodies to be open to the public, except as otherwise provided by law or specificaily
permitted in ti~e Texas Constitutian.
~. A subgrantee must comply with the Texas Family Code, Section 261.101 that requires reporting of all suspected cases of
child ahuse to lacal law enforcement authorities and to the Texas Department of ChiEd Protec[ive and Regulatory Services.
Subgrantees shal! also ensure that al! program personne! are properly trained and aware of this requirecnent.
5. Subgrantees will comply with all federal statutes relating to nondiscriminarion. These include but are not limited to: (a) Title
VI of the Civif Rights Act of ]964 (P.~.. 88-352} that prohibits discrimination on the basis of race, color or national origin;
(b) Title IX of the Eriucation Amendments of 1972, as amanded (20 U.S.C. §§1681-16$3, and 16$5-f6$6), ihat prohibits
discrimination on the basis of sex; {c} Section 504 of the Rehahilitation Act of 1973, as amended (29 U.S.C. §744), that
prohibits discrimination on the basis of handicaps and tha Americans With Disabilities Act of 1990; (d) the Age
Discrimination Act of 1974, as amended (42 U.S.C. §§6~01-61D7), that prohibits discriminat~on on the basis of age; (e) the
Drug Ahuse OfFice and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of
drug a6use; (t) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1470
(P.L. 91-61b), as amended, relaung to the nondiscrimination on the basis of aicohol abuse or alcoholism; (g) §§523 and 527
of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiaEity 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 nondiscnmination in the sale, rental or ~nancing of housing; (i) any other nondiscnmir-auon
provisions in the specific statute(s} under which application for Federal assistance is heing made; and (j} the rec~uiretnents of
any other nondiscrimination statute(s) that may app~y to the applicapon.
6. Subgrantees will comply, as applicable, with t6e pro~isions of the Davis-Bacon Act (40 U.S.C. §§276a tp 276a-7}, the
Copeland Act (40 U.S.C. §§276c and 18 U.S.C. §§874), and the Contraet Work Hours and 5afety Standards Act (40 U.S.C.
§~327-333), regarding labar standards for federaliy assisted construction subagreements.
7. Subgrantees will camply with the provisions of the Hatch PoliEical Activity Act (5 U.S.C. §7321-29) that limit the political
activity of employees whose principal employment activities are funded in whole or in part with Federal funds.
8. Subgrantees will comply with the minimum wage and ma~cimum hours provisions of the Federal Fair Labor Standards Act
and the Intergovernmental Personnel Act of 1970, as applicable.
9. 5ubgrantees will insure that the facilities under its ownership, lease or supervision that shalk be utilized in the
accomplishment of the praject are not listed on the ~nvironmental Protections 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 af the EPA OfFice
of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. (EO
11738).
1D. Subgrantees 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}, EO ll593 (identification and protection of historic properties), and the
Archaeological and Histaric Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.).
11. Su6~antees will comply with Public Law 103-277, alsa known as the Pro-Children Act of 1994 (Act), that prohibits
smoking within any portion of any indoor faciiity used for the provision of services for children as defined by the Ac[.
FY 200& Technical Assistance Negotiated Gran[ 6 of 7 TSLAC
i2. Subgrantees will compIy with all federal tax laws and are soiely responsible for filing all required state and federal taac
forms.
i3. Subgrantees will comply with all applicabie rec}uirements of all other federal and state laws, executive orders, regulations
and policies governing this program.
14. T'he applicant must certify that they are not debarred or suspended or otherwise excluded from or ineligible for participation
in federai assistance programs.
15. Subgrantees must adopt and implernent applicable provisions of the model HN/AIDS work place guide9ines of the "I'exas
Department of Health as required by the Texas Hea[th and Safety Code, Ann., Sec. 85.001, et seq.
,SIGNATURES
GRANTOR
Texas State Library and Archives Commission
.
Edward Seidenberg, Assistant Stake Librarian
~ ~' 2~"d ~
Date
A~/2~
Karen . rabek, Chief Fiscal Officer
r~~ "~
GRANTEE
City of Corpus Christ~,
Corp~ Christi Public Library
S1~nature (must be an official empowered to enter into contracts}
~ ~ ~ o~
Type '~or rinted Name
Title
~ ~~~ ` !
Date
~
Deborah I,iktrell, ibrary Development irector
s~ ~~/d ~
~
Date _ j
~~ - -ti
Christopher wais , rogram Administrator, TANG
~~J I l ~'~~J~
Date _ .
L.~.:,.11.~:..j,,.~L~..~~ Alll-NUK~~i
~r e~u~,r.~~ ~~ "~ ~~'~
L
Date
~~~ ~7
~ ~~
Appro~
~#Off18y
dty ptipmeY
AIYEST. _,,. O ~ ... .. •w.*r
C(N~C#i~l'A~"~ ~
FY 2008 Technical Assistance Negotiated Grant 7 of 7 TSLAC
CERTIFICATION REGARD~NG LOBBYlNG
for
C4NTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
(Required forgranfs exceeding $700,000}
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersign.ed,
to any person for influencing or attempting to influence an afficer or employee of any agency, a
Member of Congress, an officer or e~nployee of Congress, or an employee of a Member of
Congress in connection with the malcing of any Federal grant, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendznent, or modification of any Federal
grant or caoperative agreement.
2. If any funds ather than Federal appropriated funds have been paid ar wi11 be paid to any person for
influencing ar attempting to influence an officer or employee of any agency, a Mernber of
Congress, an officer or employee of Congress, or an emplayee af a Member of Congress in
coz~nection with this Federal grant ar caoperative agreement, the undersigned shall coznplete and
submit Standard Form -LLL, 'Disclosure Farm to Report Lobbying,' in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including suhgrants, contracts under grants and
cooperative agreements, and subcantracts) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation o~ fact upon which reliance was placed by the Texas State
Library when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.
Any person who fails to file the r~quired certification shall be subj ect to a civil penalty of not less than
$10,040 and not more than $100,000 far each such failure.
City of Corpus Christi , TANG Grant #475-08014
Organization Name Project
Constance P. Sanchez, Assis~ant Director of Financial Services
Name and Titie ofAuthorized Representative
L'-~--~.,~~ =.- ~ ,P- ~-~--., ~- ~ ~ _ o `~
Signature Date
34 CFR 82.110
TSL 9304
CERTIFICATIDN REGARDING
DEBARMENT, SUSPENSi~N, INELIGIBILITY AND VOLUNTARY
EXCLUSI~N
LOWER TIER COVERED TRANSACTI~NS
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 34 CFR Part S5, Section SS.S10, Participant's respansibilities. The regulations were published as
Part VII of the May 2G, 1988 Federal,ReQister (pages 191b0-12911). Copies of the regulations may be obtained
by contacting the person to which this proposal is suhmitted.
(BEFORE COMPLETYNG CERTIFICATION, READ INSTRUCTIONS ON REVERSE)
{1) The prospective lower tier participant certifies, by submissian of this praposal, that neither it nor its
principals are presently debarred, suspended, proposed far debarment, declared ineligible, or voluntarily
excluded from participation in this transactian by any k'ederal deparhnent or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
City of Corpus Christi ,
Appdicant
Constance P. Sanchez Assistant Director of Financial Services
Name and Title ofAutharized Certifying Official
--.. . L' •~--r~4.~~--. ~P. ~a~--r• C~.~ ~ - ~ G - 0 7
Signature Date
TANG GRANT a7-0$ #476-08014
[nstructions for Certification
l. By signing and submitting this proposat, the prospective lower tier participant is providing the certification set
out below.
2. The certification in this ctause is a material r~presentation of fact upon which reliance was placed vc+hen this
transaction was entered into. If it is later determined that the prospective lower tier participant laiowingly
rendered an erroneous certification, in addition to other remedies available to the Federal Government, the
department ar agency with which this transaction originated may pursue available remedies, including
suspension and/ar debarment.
The prospective lower tier participant shall provide immediate written notice to the person to whicla tlais proposal
is subr~itted, if at an.y tin~e, t1~e prospective lower tier participant learns that its certification was ez-iron:eous when
submiitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transactian," "debarred," "suspended," "ineligible," "lower tier covered transac~ion,"
"participant" "person," "primary covered transaction," "principaI," "proposal," and 'boluntarily excluded," as
used in this clause, have the meanings set out in the Definitions and coverag~ sections of rules implementing
Executive Order 12549. You may contact tne person to which this proposal is submitted for assistance in
obtaining a copy of those regulations.
The prospective lower tier participant agrees by submitting this proposal that, should the proposed cavered
transaction be entered into, it shall not lrnowingly enter into any lower tier covered transaction with a person who
is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered iransaction,
unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause
title "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion--Lower Tier
Covered Transaction," witlaout modification, in all lower tier covered transactions and in all solicitations for
lower tier covered transactions.
A participant in a covered transaction may rely upon a certification of a prospective participant in a lawer tier
covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the cavered
transaction, unless it lrnows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eZigibility of its principals. Each participant may, but is not required to,
check the Nonprocurement List. ~
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The Irnowledge and information of a participant is
not required to exceed that which is normally possessed by a prudent person in the ordinary course of business
dealings.
9. Except for transactions authorized under paragraph 5 af these instructions, if a participant in a covered
~ransaction lrnowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to
the Federal Government, the departrnent or agency with which this transaction originated may pursue available
remedies, including suspension and/or debarment.
Systems & TANGISYSTEMS1Form5lFormslCertificarion Regarding Debarment.doc
TANG GRANT 07-08 #476-08014
Attachment G
OMB Approval No. 0348-0040
ASSURANC~S - NON-CONSTRUCTION PROGRAMS
P~blic reporting burden for thi5 collectian of informa#ion is estimated to a~erage 15 minutes per respanse, including
time for reviewing instructions, searching existir~g data so~rces, gathering and maintaining the data needed, and
completing and reviewing the collectinn of information. 5end 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 COMPL~T~D FORM TO THE OFFICE OF MANAGEMENT AND
BUDGET. SEND IT TO THE A~DRESS RROVIDED BY THE SPONSORING AGENCY.
NOTE: Certai~ of these assura~ces 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. lf such is the case, you wil! be notified.
As the duly authorized representati~e of the applicant, I certify that the applicant:
3.
4.
5.
Has the legal authority to apply for Federal
assistance ar~d the institutional, managerial and
financial capability (including funds sufficient to
pay the non-Federal share of project cost) to
ensure proper pfanning, management and
completion of the project described in this
application.
Will gi~e the awardi~g agency, the Comptroller
Genera~ of the United States and, if appropriate,
the State, through any authorized rapresentative,
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 ~asing their positions for a purpose that
constitutes or presents the ap~earance of
personai or organizationaE conflicf of interest, or
personal gain.
Will initiate and coinplete the work within the
applicable time frame after receipt af approval of
t~e awarding agency.
Will comply with the Intergovernmental
Personnel Act of 1970 (42 U.S.C. §§4728-4763)
refating to prescribed standards for merit
systems for programs funded under one of the
19 statutes or regulations specif,ed in Appendix
A of QPM's Standards for a Merit System af
Personnel Administration (5 C.F.R. 900, Subpart
F).
Will compiy with afl Federal statutes relating to
nondiscrimina#ion. These include but are not
limited to: (a) 7itle Vi af the Civil Rights Act of
1964 (P.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 1fi85-
1686), which prohibits discrimination on the basis
of sex; {c} Section 504 of the Rehabilitation Act
of 'f973, as amended (29 U.S.C. §794), which
prohibits discrimination on the basis of
handicaps; (d} the Age Discrimination Act of
Previous Edltion Usable
1975, as amended (42 U.S.C. §§6101-6107),
which prohibits discrimination on tne basis of
age; (e) the Drug Abuse Office and Treatment
Act of 1972 {P.L. 92-255), as amendeci, relating
to nondiscrimination an the basis of drug abuse;
(~ the Camprehensi~e Alcohol Abuse and
Alcoholism Pre~entian, Treatment and
Rehabiiitation Act of '[970 (P.L. 91-616), as
amended, relafing to noncEiscrimination on the
basis of alcohol abuse or alcoholism; (g) §§523
and 527 of the Public Health Service Act of 1912
(42 U.S.C. §§290 dd-3 and 290 ee-3), as
amended, reiating to canfidentiality of alcohol
and dr~g abuse patient records; (h) Title Vfll af
the Ci~ii Rights Ac# of 1968 (42 U.S.C. §§3601 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, Q) the
requirements of any other nondiscrimination
statute(s) which may apply to the appfication.
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 praperty is acquired
as a result of Federal or federally-assisted
pragrams. These requirements apply to all
interests in real property acquired for project
purpases regardless of Federal participation in
purchases.
8. Will comply, as appficable, with provisions of the
Hatch Act (5 U.S.C. §§1501-1508 and 7324-
732$) which limit the political activities of
employees whose principal employment activities
are funded in whole or in part with Federal funds.
Standard Form 424B (Rev. 7-97)
Authorized for Local Reproduction Prescrihed 8y OMB Cireular A•102
TANG GRANT 07-08 # 476-08014
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 (44 U.S.C. §§327-333},
regarding labor standards for federally-assisted
construction subagreements.
10. Will cqmply, if applicable, with flood insurance
~urchase requirements of Section 102(a) of the
Flood Disaster Protection Act af 1973 (P.L. 93-
234) which requires recipie~ts in a special flood
hazard area to participate in the program and to
purchase flood insurance if the total cost pf
insurable construction and acquisition is $1D,DDD
or more.
11. Will comply with environmental standards which
may be prescribed pursuant to the following: (a)
institution of en~ironmental quality control
measures under the National En~ironmental
Policy Act of 1969 (P.L. 91-'[90} and Executive
Order (EO) 11514; (b) notification of violating
facilities pursuant to EO i 1738; (c) protection of
wet[ands pursuant to EO 11990; (d) e~aluation af
fEood hazards in floodplains in accordance with
EO 99988; (e) assurance of project consistency
with the appra~ed State management program
de~eloped under the CoastaE Zone Management
Act of 1972 (~ 6 U.S.C. §§1451 et seq.); {~
conformity of Federal actions to State (Clean Air)
Implementation Plans under Section 176{c) of
the Clean Air Act of 1955, as amended (42
L1.S.C. §§7401 et seq.); (g) protection of
underground sources of drinking water under the
Safe Drinking Water Act of 1974, as amended
{P.L. 93-523); and, (h) protection of endangered
species under the Endangered Species Act of
1973, as amended (P.L. 93-205).
12. Wi[I comply with the Wild and Scenic F2ivers AcE
of 1968 (16 U.S.C. §§1271 et seq.) related to
protecting components or potential components
of tf~e nafional wild and scenic rivers system.
'[3. Will assist the awarding agency in assuring
campliance with Section 106 of the National
Historic Preservation Act of 1966, as amended
{16 U.S.C. §470), ~O 9 9 593 (identification and
protection of historic properties), a~d the
Archaeological and Historic Preservation Act of
1974 (16 U.S.C. §§469a-1 et seq.).
14. Will camply with P.L. 93-348 regarding the
pro#ectian of human subjects in~olved in
research, de~elopment, and related acti~+ties
supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare
Act af 9966 (P.L. 89-544, as amended, 7 11.S.C.
§§2131 et seq.} pertaining to the care, handling,
and treatment of warm blooded animals held for
research, teaching, ar other acti~ities supported
by this award of assistance.
16. Will comply with the Lead-Based Paint Poisoning
Pre~ention Act (42 U.S.C. §§4801 et seq.) wi~ich
prohibits the use of lead-based paint in
construction or rehabilifation of residence
structures.
17. Will cause to be performed the required financial
and compliance audits in accordance with the
Single Audit Act Amendments of 'i996 and OMB
Circular No. A-133, "Audits of State, Local
Governments, and Non-Profit Organizations."
18. Will comply with all applicable requirements of all
other Federal laws, executive orders, regulations,
and policies go~erning this program.
SIGNA~URE OF AUT~iORIZED CERTIFYING OFFICIAL TITLE
Assistant Director of Financial Services
C ~...,~.~ ~... ~? ~.~-r, ~~
APPLlCANT QRGANIZATION DATE SUBMITTED
City of Corpus Christi g~ ~~ _~~
TANG GRANT 07-08 # 476-08014
Standartl Fortn A2M1B {Rev. 7•87~ BacK