HomeMy WebLinkAboutC2008-326 - 9/9/2008 - ApprovedTEXAS STATE LIBRARY & ARCIIIVES COMMISSION
TECIINICAL ASSISTANCE NEGOTIATED GRANT
Grant Nttmber: 476-09010
I. CONTRACTING PARTIES
Grantor: Texas State Librazy and Archives Commission (TSLAC)
Grantee: City of Corpus Christi, South Texas Library System
805 Comanche S[.
Corpus Christi, Texas 78401-2715
II. TERM OF GRANT
September 1, 2008, to August 31, 2009 (SFY 2009)
III. STATEMENT OF SERVICES TO BE PERFORMED
~ ox~rrac
RECEIVED
SEP 2 6 2006
ACCOUNTING
Grant-funded activities shall provide services as outlined in the approved gran[ application. Grant funds must be used to meet TSLAC
and federal goals. The Grantee must report information relating to best pracfices and performance outcomes. The Grantee will comply
during the period of [his contract and provide services as outlined within the approved grant application (Technical Assistance
Negotiated Grant [TANG] for State FY09) as approved by the Grantor. The approved gran[ application submitted by Grantee becomes
part of this contract by this reference.
IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS
A. The total amount of the grant shall no[ exceed: $79,000
B. Source of funds:
Federal Funds. CFDA # 45.310
Institute of Museum and Library Services, S[a[e Librazy Program (IIVi1.S)
Federal Fiscal Yeaz 2008
C. The Grantee must request payments from Grantor using the TSLAC Request for Funds Fomt (1Hr) via the electronic TSLAC Gran[
Management System (GMS), located at htros://xrns.tslstate.tzusL Requests may be submitted to Grantor 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 reporting requirements for current and preceding contracts.
D. The Grantee is restricted [o one of two methods for requesting funds from Grantor. The Grantee may request reimbutsement of
actual expenditures for the Grantee's normal billing cycle, or advance pavment for estimated expenditures to be incurred for the
upcoming 30 days. Only Grantees providing documentation [o demonstrate a lack of sufficient working capital, and the ability to
minimize the time elapsing between transfer of funds from Grantor and disbursement of grant funds will be allowed to request
advance payments.
E. Payments of advance funds will be disbursed by the fns[ working day of the advance period provided RFF Form is received by
Grantor no later than the 14th of the previous month. Should excessive 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, 2009. Grantor must receive final
request for reimbursement no later than October 15, 2009.
F. The Grantee may not oblieate or encumber gran[ funds after August 31, 2009. All obligations and encumbrances must be
liquidated or paid no later than October 15, 2009.
G. All unexpended grant funds must be returned to Grantor with the Final Financial Status Report (FSR) per requirements in the
Federal Grants Management Handbook. See Section VII. B. of this contract for FSR due dates. As par[ 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 to reduce these unexpended balances, including reducing the amount specified in Section N.A.
H. Interest earned in excess of $100 must be returned to Grantor, per requirements in the S[a[e of Texas Uniform Grant
Management Standazds (UGMS).
I. The Grantee will add any program income [o the funds committed to [he 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 [he remarks section of the
TSLAC FSR form accessed through the Grants Management System (GMS) a[ httns://xms.tslstate.tx.us. Expending any earned
program income earned through [he ufilization of resources funded by this grant requires written prior approval from TSLAC
staff.
2008-326
09/09/08
Res. 027838
Tx St. Library & Archives Comm. t of 7
TSLAC
Per the approved gran[ application, funds are authorized according to [he following budget:
Personnel 41 783
Frinee Benefits 17 618
Travel 11 000
Contractual 1 200
Other $1,049
Total 73 150
Indirect Costs $5,850
Total $79,000
V. 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 via [he electronic TSLAC GMS. Under no condition may a Grantee request to exceed the total
grant amount. Grantor must receive all change requests on or before July 31, 2009. 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 written prior approval under any of the following conditions:
1. Making cumulative transfers among budget cos[ categories or projects that aze expected to exceed ten (10) percent of the total
grant; and/or,
2. Transferring any funds into a budge[ cos[ category [hat currently equals zero ($0); and/or,
3. Expending any earned program income earned through the utilization of resources funded by [his 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 grant application specifies, or from a previously approved fiscal or program revision.
B. Programmatic changes to the approved grant application must have written prior approval under any of [he following conditions:
1. Obtaining the services of a third party to perform activities that are central to the purposes of the gran[; and/or,
2. Changing the scope or objectives of the approved program, regardless of whether [here is an associated budget revision. A
change in scope is a substantive difference in [he approach or method used to reach progam objectves; and/or,
3. Changing key persons specified in [he grant; System Coordinators (or Executive Directors) aze considered key personnel for
the purpose of this secfion.
VI. EQUIPMENT AND PROPERTY REQUIREMENTS
A. All fiscal changes [o items listed in the Equipment category specified in Section N. J of this contract requue written prior approval.
This is defined as the cost of the equipment and/or property, including any cos[ necessary to put the item into service, such as the
cos[ of any modifications, attachments, accessories, or auxiliary apparatus necessary [o make the item usable for the purpose for
which i[ is acquired. Ancillary charges, such as taxes, duty, protective in-transit insurance, freight, and installation may be included
in, or excluded from the expenditure cost in accordance with the Grantee's regulaz accounting practces and Generally Accepted
Accounting Practices (GAAP).
B. The Grantee will comply with UGMS Part III, Subpart C, Sec. 32 (d)(3) requiring certain items of equipment [o be maintained
on inventory if the item's cost is between $500 and $1000.
C. The Grantee agrees to submit the TSLAC EquipmenNProperty Acquired Form electronically via the TSLAC GMS with the Final
FSR, but no later than October 31, 2009, for all equipmenUproperty purchased with grant funds during [he FY09 grant year.
This list must balance with the equipmentlproperty purchased under the approved gran[ application and all subsequently
approved Budge[ and/or Program Revisions.
D. Grantee must furnish a statement to Grantor certifying the governing entity's capitalization level with [he approved gan[
application or with the firs[ RFF submitted. Grantee agrees [o maintain records on all equipmentlproperty with an acquisition
cost above governing entity's capitalization level.
E. Subject to the obligafions and conditions set forth in the UGMS Part III, Subpart C, Sec. 32, tide to equipment acquired under a
grant will vest in the Grantee upon acquisition. Grantee must include any equipmenUproperty acquired with gran[ funds in the
required bi-annual property inventory, and follow the UGMS Part II[, Subpart C, Sec. 32 (d) that requires the Grantee to rewncile
the equipmentlproperty records with a physical inventory of the equipmentlproperty every two years. This bi-annual inventory does
not need to be submitted [o 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 equipmentlproperty in accordance with the UGMS Part II[, Subpart C, Sec. 32 (e).
FY 2009 Technical Assistance Negotiated Grant 2 of 7 TSLAC
When the Grantee has been given federally- or state-owned equipmenVproperty, Grantee will follow the UGMS Part III, Subpar[ C,
Sec. 32 (f).
VII. REPORTING REQUIREMENTS
The State Legislature has chazged the Grantor with submitting performance measurement reports that specify the level of services provided
by its programs and services. In accepting these gan[ funds, the Grantee acknowledges responsibility for performing certain services on
behalf of the Grantor, as outlined in the approved gran[ 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 [o
submit reports that are fimely, accurate, auditable, and consistent with definitions.
A. The Grantee agrees to submit the quarterly Performance Tazget Report to the Grantor, on a form to be provided by the Grantor,
on or before due dates listed in the following schedule:
Reoortine Period Due Date
September 1, 2008 -November 30, 2008 December 7, 2008
December 1, 2008 - Febmazy 28, 2009 March 7, 2009
Mazch 1, 2009 -May 31, 2009 June 7, 2009
June 1, 2009 -August 31, 2009 September 7, 2009
B. The Grantee agrees [o submit electronically the TSLAC Financial Status Report Form, located on [he TSLAC GMS, for the
grant funded under this contract no later than the due dates listed in the following schedule. Grantee should submit a Final FSR
once all gran[ funds have been expended and all program requirements aze accomplished. Grantee should mazk the last required
FSR as "Final" and not submit any subsequent FSR forms.
Reoortine Period Due Date
September 1, 2008 -November 30, 2008 December 31, 2008
December 1, 2008 - Febmary 28, 2009 March 31, 2009
Mazch 1, 2009 -May 31, 2009 Tune 30, 2009
June 1, 2009 -August 31, 2009 September 30, 2009
If necessary, a revised Final FSR must be submitted no later than October 31, 2009.
Note: Grantee must contact the Grants Accountant listed in Section X of this contract in order to submit a revised FSR.
C. Grantee will provide prompt and detailed financial reports if requested, in addiflon to [he scheduled Financial Status Reports.
Note: Additional reports wiII be supplied by the grantee within 5 business days of request by Grantor.
D. The Grantee will send the Grantor a copy of all management letters issued by an auditor with the reporting package. As
specified in UGMS Part IV, Subpart B, Sec. 235(c), the audit shall be completed and submitted within the earlier of 30 days
after receipt of [he auditor's report(s), or nine months after [he end of [he audit period, unless a longer period is ageed to in
advance by the state agency [hat provided the funding or a different period is specified in aprogram-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.
E. The Grantee will submit the required Workshop Reporting Forms to the Grantor for [he period September 1, 2008 [o August 31,
2009. Workshop Reporting Forms should be submitted following each workshop, with all forms submitted no later than
September 30, 2009.
F. The Grantee agrees to submit an annual I.STA Project Report Form no later than September 30, 2009 unless grantor grants an
extension.
G. Grantee agrees to participate in Outcome Based Evaluation (OBE), as determined by Grantor, for the grant period September 1,
2008 to August 31, 2009. Grantee will submit OBE report to Grantor no later than September 30, 2009 unless grantor grants an
extension.
H. The Grantee agrees to submit the Gran[ Checklist report form for the grant funded under this contract no later than October 31,
2009.
VIII. GENERAL TERMS AND
A. The Grantee will comply with [he Technical Assistance Negotiated Grants Program Guidelines for SFY 2009.
B. The Grantee will comply with the Rules for Administering the Technical Assistance Negotiated Gran[, Texas Administrative
Code, Title 13, Part 1, Chapter 2, Subchapter C, Division 2, Rule 2.212 and TiOe 13, Part 1, Chapter 2, Subchapter C, Division
1, Rules 2.110 - 2.119 regarding General Grant Guidelines.
C. The Grantee will comply with the following parts of the Governor's Office of Budget and Planning, UGMS revised June 2004,
located at: www.rovernor.state.tx.us/divisions/staterrants/ruidelines/files/UGMS062004.doc.
Part I. Cost Principles for State and Local Governments and Other Affected Enfifles (Adapted from OMB Circular A-87)
Part II. State Uniform Administrative Requirements for Grants and Cooperative Agreements (Adapted from OMB Circulazs
A-102 and A-122)
FY 2009 Teclwical Assistance Negotiated Grant 3 of 7 TSLAC
Part III. State of Texas Single Audit Circulaz (Adapted from OMB Circulaz A-133)
D. For grants funded with federal funds, Grantee will also comply with the Office of Management and Budget (OMB) Cvcular A-133,
Audits of States, Local Governments, and Non-Profit Organizations (revised 6/97), located a[:
www.Whitehouse.xov/omb/zrants/zrants circulars.html.
E. The Grantee will comply with the IMLS' 45 Code of Federal Regulations, Part 1183, Uniform Administrative Requirements for
Grants and Cooperative Agreements m States and Local Governments (adapted from OMB Circulaz A-102).
F. All publicity relating to the grant award must include aclmowledgement of the Institute of Museum and Library Services,
httn://www.imis.xov/recipienis/acknowledxementshtm, and Texas State Library and Archives Commission whenever possible
and practical. Pubhcity includes, but is no[ limited to press releases, media events, public events, displays in the benefifing library,
announcements on the Grantee's website, and materials distributed through the grant project. The Grantee will provide upon request
of Grantor one set of all public relations materials produced under this grant with the final quarterly Performance Target Report.
G. Grantee understands that acceptance of funds under this contract acts as acceptance of the authority of the Stale Auditor s Office, or
any successor agency, [o conduct an audit or investigation in connection with those funds. Grantee further agrees to cooperate fully
with the Stale Auditor s Office or its successor in the conduct of the audit or invesdgaton, 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
relating [o this gran[ 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 Grantor the Final FSR for [he contract gran[ period.
L 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 estabhshed
mutually between Grantor and Grantee. Grantor will provide review and guidance [o enable final versions to be approved on or
before established deadlines.
IX. ENFORCEMENT
A. Remedies for noncompliance. 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 take one
or more of [he 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 Grantor;
2. Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of [he activity or action not in
compliance;
3. Wholly or partly suspend or terminate the current award for [he Grantee's or Sub-grantee's program;
4. Withhold further awazds for [he program; or
5. Take other remedies Iha[ may be legally available.
B. Hearines, anneals. Tn 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 [o 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 aze not allowable unless Grantor expressly authorizes them in
the notice of suspension or termination, or subsequently. Other Grantee or Sub-grantee costs during suspension or after
termination [hat aze necessary, and not reasonably avoidable, are allowable if:
1. The costs resulting from obligations that were properly incurred by the Grantee or Sub-grantee before the effective date of
suspension or termination aze no[ in anticipation of i[ 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 a[ the end of [he funding period in
which the termination takes effect.
D. Relationshio to Debarment and Suspension. The enforcement remedies identified in [his section, including suspension and
termination, do no[ preclude Grantee or Sub-grantee from being subject to "Debarment and Suspension" under Executive Order
12549 (see UGMS Part III, Subpart C, Sec 35) and state law.
FY 20119 Tcelwical Assistance Negotiated Gran[ 4 of 7 TSLAC
X. CONTACTS AT TSLAC
Quesflons or concerns about proeramma6c issues. budee[ and or proeram revisions and anv narrative reports should be directed to this
grant's Program Administrator:
Program Administrator, Technical Assistance Negotiated Grants (TANG)
Phone: 512-936-2236 /Fax: 512-463-8800
E-mail: mallto:ciowalsas@[slstate.[x.us
Quesflons or concerns about reeula[orv or financial issues should be directed to:
Manager, Accounting and Grants Department
Phone:512-463-6626/Fax:512-475-0185
E-mail: mmartin@tslstate.tx.us
Quesflons or documentation relating to required Reouests for Funds. Financial Status Reports. and EOUipment/Propertv Acquired
Report should be directed to:
Grants Accountant
Phone: 512-463-5472 /Fax: 512-475-0185
E-mail: Qrants.accountine@tslstate.[x.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 FSR, an explanation of [he purpose of the payment, and the grant number. This information shall be directed [o:
Grants Accountant
Accounting and Grants Departrnent
Texas State Library and Archives Commission
PO Box 12516
Austin, TX 78711-2516
XI. APPLICABLE AND GOVERNING LAW
A. The laws of [he Stale of Texas shall govern this grant. All duties of either party shall be legally performable in Texas. The
applicable law for any legal disputes arising out of [his contract shall be the law of (and all actions hereunder shall be brought
in) the State of Texas, and the forum and venue for such disputes shall be Travis County, District Court.
B. This gran[ is subject to availability of funds.
XII. GRANT CERTIFICATIONS
A. Grantor certifies that: (1) the services specified in the approved gran[ application and this contract are necessary and essential for
acdvi6es that are properly within the statutory functions and programs of [he affected organizations; (2) the services, supplies or
materials contracted for are not required by Secfion 21 of Article 16 of [he Consti[utlon of Texas to be supplied under contract given
[o the lowest bidder; and, (3) the grant is in compliance with Texas Government Code §441.006, Texas Administrative Code, Title
13, Part 1, Chapter 2, Subchapter C, Division 2, Rule 2.212, Title 13, Part 1, Chapter 2, Subchapter C, Division 1, Rules 2.110
- 2.119 regazding General Grant Guideflnes, and the Library Services and Technology Ac[ (LSTA), and the State Plan for the
LSTA in Texas and UGMS.
B. The Grantee affirms that i[ has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future
employment gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract. The
Grantee further affirms that its employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value
from contractors, potential contractors, or parties 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 attempfing 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 connector with the making of any Federal grant, the
entering into of any cooperative agrcemen4 and the extension, continuatioq renewal, amendment, or modification of any Federal
grant or cooperative agreement. h` any funds other than Federal appropriated funds have been paid or will be paid for such purpose,
the Grantee shall complete and submit OMB form SF-LLL, Disclosure of Lobbying Activities, in accordance with its instmc[ions.
The Grantee shall require that the language of this certification be included in the award documents for all subawards at all tiers
(including subgants, 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 Interne[ Safety Certification (Certification) that it is in compliance with requirements
of the Children's Internet Protection Ac[ (CIl'A) for any federal funds under [his gran[ that will be used to purchase computers used
to access the Internet or pay for the direct costs of accessing the Internet.
E. Grantee certifies by this contract that neither i[ nor its principals are presently debarred, suspended, proposed for debarment,
declazed ineligible, or voluntarily excluded from participation in this program by any Federal department or agency, as required
FY 2009 Technical Assistance Negotiated Gran[ 5 of 7 TSLAC
by the regulations implementing Executive Order 12549, Debarment and Suspension, 34 CFR Part 85, Section 85.510,
ParticipanPs responsibilities, 2 CFR Part 180 Subchapter C. 180.335. Where the gan[ce is unable to certify to any of the
statements in this certification, the gantee shall attach an explanation to this contract.
F. The Grantee certifies that no federal funds from this gan[ awazd will be made available for a public library, or public elementary or
secondary school library that does not currently receive E-rate services, [o pumhase computers used [o access the Intemet or pay for
the direct costs of accessing the Intemet, unless the library has certified compliance with the applicable CIPA requirements. Should
federal funds awarded as part of this gant 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 Intemet or pay for the direct costs of accessing
the Internet, Grantee will ensure Certification fomts are received from all libraries receiving benefits of federal funds expended
under this contract.
G. The Grantee certifies all applicable activities related [o [his gan[ will be in compliance with the Copyright Law of the United
States (Title 17, U.S. Code).
H. In addition to federal requirements, state law requires a number of assurances from applicants for federal pass-through or other
state-appropriated funds. (UGMS Part III, Subpart B, Sec. 14 -State Assurances):
1. A subgantee must comply with Texas Govemment Code, Chapter 573, Vernon's 1994, by ensuring that no officer,
employee, or member of the applicanPs goveming body or of the applicant's contractor shall vote or confirm the
employment of any person related within the second degee of affinity or the third degce of consanguinity to any
member of the goveming body or to any other officer or employee authorized [o employ or supervise such person. This
prohibition shall not prohibit [he 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 degee.
2. A subgantce must insure that all information collected, assembled or maintained by the applicant relative to a project
will be available to [he public during normal business hours in compliance with Texas Government Code, Chapter 552,
Vernon's 1994, unless otherwise expressly prohibited bylaw.
3. A subgantee must comply with Texas Government Code, Chapter 551, Vemon's 1994, that requires all regulaz, special or
called meeflng of governmental bodies to be open to the public, except as otherwise provided by law or specifically
permitted in the Texas Constitution.
4. A subgan[ee must comply with the Texas Family Code, Section 261.101 that requires reporting of all suspected cases of
child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services.
Subgan[ees shall also ensure that all progam personnel are properly trained and aware of this requirement.
5. Subgantees will comply with all federal statutes relating to nondiscriminaton. These include but are no[ limited to: (a) Title
VI of the Civil Rights Act of 1964 (P.L. 88-352) that prohibits discrimination on the basis of race, color or national origin;
(b) Title Df of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), that prohibits
discriminafion on [he basis of sex; (c) Section 504 of the Rehabihtation Act of 1973, as amended (29 U.S.C. §794), that
prohibits discrimination on the basis of handicaps and the Americans With Disabilifies Ac[ of 1990; (d) the Age
Discrimination Act of 1974, as amended (42 U.S.C. §§6101-6107), that prohibits discriminafion on [he basis of age; (e) the
Dmg Abuse Office and Treatment Ac[ of 1972 (P.L. 92-255), as amended, relaflng to nondiscrimination on the basis of
dmg abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(P.L. 91-616), as amended, relating to the nondiscriminaton 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, relating to confidentiality of
alcohol and dmg abuse patient records; (h) Title VIII of the Civil 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 nondiscriminaton
provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of
any other nondiscrimination statute(s) that may apply [o the applicaton.
6. Subgantees 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), regazding labor standards for federally assisted construction subagcemen[s.
7. Subgantees will comply with the provisions of the Hatch Political Acfivi[y 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. Subgantees will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Ac[
and the Intergovernmental Personnel Act of 1970, as applicable.
9. Subgantees will insure that the facilities under its ownership, lease or supervision that shall be utilized in [he
accomplishment of the project are no[ listed on the Environmental Protections Agency's (EPA) fist of Violating Facilities
and that i[ will notify the Federal gantor agency of the receipt of any communication from the Dtrec[or of the EPA Office
of Federal Activities indicafing that a facility to be used in [he project is under consideration for listing by the EPA. (EO
11738).
10. Subgantees will assist the awarding agency in assuring compliance with Secton 106 of the National Historic Preservation
PY 2009 Teclwical Assistance Negotiated Gran[ 6 of 7 TSLAC
Act of 1966, 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. Subgran[ees will comply with Pubfic Law 103-277, also ]mown as the Pro-Children Act of 1994 (Act), that prohibits
smoking within any portion of any indoor facility used for [he provision of services for children as defined by the Act.
12. Subgrantees will comply with all federal tax laws and are solely responsible for filing all required state and federal tax
forms.
13. Subgrantees will comply with all applicable requirements of all other federal and state laws, execufive orders, regulations
and policies governing this program.
14. Subgran[ees must adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas
Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq.
SIGNATURES
GRANTOR GRANTEE
Texas State Library ap{t ArFhives Commission City of Cforpus Christi, South Texas Library System
Edwazd Seidenbere~Assistant Stale Librarian
V~'?/h'OD
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Karen B. DrabeK, Chief Fiscal Officer
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Deborah Littrell, Library v(pDevelo ment Director
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Christopher J aisas, P o m Manager
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PY 2009 Tectmical Assistance Negotiated Grant 7 of 7 TSLAC