HomeMy WebLinkAboutC2008-327 - 9/9/2008 - ApprovedTEXAS STATE LIBRARY & ARCHIVES COMMISSION
INTERLIBRARY LOAN CENTER GRANT PROGRAM
Grant Number: 771-09018 ~ O~(~!i~ ~ j
Vl [~j
I. CONTRACTING PARTIES I
Grantor: Texas State Library and Archives Commission (TSLAC)
Grantee: City of Corpus Christi, Corpus Christi Public Library RECEIVED
805 Comanche
Corpus Christi, Texas 78401 SEP 2 4 2008
II. TERM OF GRANT ACCOUNTING
September 1, 2008, to August 31, 2009 (SFY 2009)
III. STATEMENT OF SERVICES TO BE PERFORMED
Gran[-funded activities shall provide services outlined in the approved Interlibrary Loan Center (ILL) grant application. Grant Funds must
be used to meet TSLAC and federal goals. The Grantee must report information relating [o best practices and performance outcomes. The
Grantee will comply during the period of this contract and provide services as outlined within the approved gran[ application (ILL Center
Grant for Stale FY09) as approved by the Grantor. The approved gran[ application submitted by Grantee becomes part of this contract by
this reference.
A. Grantor will reimburse Grantee for expenses incurred in processing and filling ILL requests for library materials and infonmation
from public, academic, and special libraries and for processing ILL requests originating with the Grantee. Grantor will also
reimburse Grantee for providing OCLC system use support to Texas Group selective user libraries in the Grantee's service area.
B. Grantee will provide free ILL service according to the operating procedures set by Grantor.
C. Grantee will employ the following full-time equivalent (FTE) positions, whose work assignments are exclusively to provide ILL
services:
1 FTE Library Assisant II
I FTE Senior Library Aide
1 FTE Senior Library Aide
D. Grantee will provide telephone line(s) directly into the ILL office, telephone extension to local library telephones, and permit the
computer(s) to be connected without charge to access OCLC or other appropriate technology.
E. Grantee agrees to provide rapid and convenient access to its catalog of holdings and its circulation system for use without charge
by the prof ec[ staff.
F. The budget allocations are based on the following performance objectives:
1. Fill 9,600 ILL requests from the Grantee's resources.
2. Process 29,200 ILL transactions.
3. Maintain an average response time of 24 hours for ILL requests.
4. Maintain a maximum tumaround time of 8 days for requests from the region filled by the Grantee.
5. Maintain a maximum tumaround time of 18 days for requests refereed to and filled by other libraries.
6. Maintain contractual obligations with Clio for which funds have been provided for within grant budget.
7. Maintain contractual obligations with TExpress for which funds have been provided for within the grant budget.
G. Grantee will comply during the period of this contract with its approved ILL grant application.
H. Grantee agrees, upon written request of Grantor, to participate fully in any special study, survey, or other research and testing that
is designed to evaluate or improve ILL policies, procedures, or management.
IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS
A. The total amount of the grant shall not exceed: $148,694
B. Source of funds:
Federal Funds. CFDA # 45.310
Institute of Museum and Library Services, State Library Program (IMLS)
Federal Fiscal Year 2008
C. The Grantee must request payments from Grantor using the TSLAC Request for Funds Form (RFF) via [he electronic TSLAC Grant
Management System (GMS), located at hays://gms.tsl.s[ate.tx.us/. Requests maybe submitted to Grantor no more often than once per
~*+~~*ti ana ++~ iPSS often than once per quarter. Funds will be paid to the Grantee provided Grantor has received a fully executed
2008-327 ~d all reporting requirements for current and preceding contracts.
09/09/08
Res. 027840
Cx St. Library & Archives Comm. 1 of 7
D. The Grantee is restricted to one of two methods for requesting funds from Grantor. The Grantee may request reimbursement of
actual expenditures for the Grantee's normal billing cycle, or advance oavment for estimated expenditures to be incurred for the
upcoming 30 days. Only Grantees that provide documentation to demonstrate a lack of sufficient working capital and the ability to
minimize [he 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 first working day of the advance period provided the RFF Form is received by
Grantor no later than the 14'" of the previous month. Should excessive cash balances be maintained, Grantee may be required to
use the reimbursement process. Grantor must receive £nal reauest for advance no later than July 15, 2009. Grantor must receive
final reauest for reimbursement no later than October 15, 2009.
F. The Grantee may no[ oblieate or encumber grant funds after August 31, 2009. All obligations and encumbrances must be
liquidated or paid no later than October 15, 2009.
G. Interest earned in excess of $100 must be returned to Grantor, per requirements in the S[a[e of Texas Uniform Grant Management
Standards (UGMS). All unexpended grant funds must be returned [o Grantor with the Final Financial Status Report (FSR) per
requirements in the Federal Grants Management Handbook. See Section VII. D. of this contract for FSR due dates. 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 to reduce these unexpended balances, including reducing the amount specified in Section
rv.A.
H. The Grantee will add any program income to the funds committed to the grant, using such program income for the purposes and
under [he conditions of the grant. The source and amount of [he program income must be explained in Section 9 of the TSLAC
FSR form.
Per the approved grant application, funds are authorized according to the following budget:
Fringe Benefit $32 441
Eauioment/Prooertv $0
Other $15,420
Indirect Costs $ 10,967
Total $148,694
V. WRITTEN PRIOR APPROVALS FOR FISCAL AND PROGRAMMATIC CHANGES
The Grantee must submit fiscal and/or programmatic changes for mid-year adjustment as requested by the ILL Program Administrator,
via the electronic TSLAC GMS. Grantor must receive all budget amendment requests on or before May 30, 2009. Requests received
after this date will be considered on a case-by-case basis. Grantee must receive an executed Contract Amendment from Grantor
before obligating or expending grant funds under any of the following conditions.
A. Fiscal changes to the approved grant application must have an executed Contract Amendment under any of the following
conditions:
1. Making cumulative transfers among budget cost categories or projects that are expected [o exceed ten (10) percent of the total
grant; and/or,
2. Transferring any funds into a budget cost category that curen[ly equals zero ($0); and/or,
3. Changing [he items listed in the approved budget categories if an item's cost or features are substantially different from what
the approved gran[ application specifies, or from an executed Contract Amendment.
B. Programmatic changes to the approved gran[ application must have an executed Contract Amendment under any of the following
conditions:
1. Obtaining [he services of a third party to perform activities that are central to [he purposes of the grant; and/or,
2. Changing the scope or objectives of [he approved program, regardless of whether there is an associated budget revision. A
change in scope is a substantive difference in the approach or method used to reach program objectives; and/or,
3. Changing key persons specified in the grant; ILL Managers are considered key personnel for the purpose of this section.
FY 2009 ILL Grant
VI. EQUIPMENT AND PROPERTY REQUIREMENTS
A. Fiscal changes to items listed in the Equipment/Property budget category specified in Section IV. I. of [his confract requires an
executed confract Amendment. This category includes equipment, fumi[ure, library materials, etc., purchased wholly or in part
with grant funds. The approved budget amount listed in Section IV.I. plus any subsequently approved Conttac[ Amendment, will
be the total approved equipment expenditure amount. This is defined as the cost of the equipment and/or property, including any
cos[ necessary to put [he 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 it is acquired. Ancillary charges, such as taxes, duty, protective in-
transit insurance, freight, and installation may be included in, or excluded from the expenditure cost in accordance with the
Grantee's regular accounting practices 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 to be maintained on
inventory if the item's cos[ is between $500 and $1000.
C. The Grantee agrees to submit the TSLAC Equipment/Property Acquired Form electronically via the TSLAC GMS with the Final
FSR, but no later than October 31, 2009, for all equipmenUpropertypnrchased with grant funds during [he FY09 grant year. This
list must balance with the equipmenUproperty purchased under the approved gran[ application and/or an executed Contract
Amendment.
D. Grantee must furnish a statement to Grantor certifying the governing entity's capitalization level with [he approved grant
application or with the first RFF submitted. Grantee agrees to maintain records on all equipmendpropertywhh an acquisition cost
above governing entity's capitalization level.
E. Subject to the obligations and conditions set forth in the UGMS Part III, Subpart C, Sec. 32, title to equipment acquired under a
grant will vest in the Grantee upon acquisition. Grantee must include any equipmenUproperty acquired with grant funds in the
required bi-annual property inventory, and follow the UGMS Part III, Subpart C, Sec. 32 (d) that requires the Grantee to reconcile
the equipmentproperty records with a physical inventory of the equipmenUproperty every two years. This bi-annual inventory
does no[ 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 equipmenUproperty in accordance with the UGMS Part III, Subpart C,
Sec. 32 (e). When the Grantee has been given federally- or state-owned equipmenUproperty, Grantee will follow the UGMS Part
III, Subpart C, Sec. 32 (f).
VII. REPORTING REQUIREMENTS
The Stale Legislature has charged the Grantor with submitting performance measurement reports that specify [he level of services
provided by its programs and services. In accepting these grant funds, [he Grantee acknowledges responsibility for performing certain
services on behalf of the Grantor, as outlined in the approved Grant Application. Therefore, the Grantee is responsible for submitting
periodic reports that reflect the Grantee's level of performance on these services to the Grantor. To comply with these requirements, the
Grantee agrees to submit reports that are timely, accurate, auditable, and consistent with definitions.
A. The Grantee agrees to submit ILL statistics to Grantor monthly. Grantee will maintain a record of each ILL request submitted to
other libraries.
B. The Grantee agrees to submit turnaround time data records to Grantor within two weeks of the completion of the data records.
C. The Grantee agrees to submit the Gran[ Checklist report form for the grant funded under this contract no later than October 31, 2009.
D. TSLAC has provided the OCLC ILL tool, ILLiad, to particular Grantees for the purpose of facilitating the ILL process. Grantees
who have been provided this tool will provide quarterly narrative progress reports detailing steps taken to fully implement the use
of OCLC's ILLiad ILL management software tool. The progress reports will be evaluated by Grantor to certify that Grantee has
made reasonable efforts to collaborate in a timely fashion with Grantor to ensure efficient and effective implementation of the
tool. Grantor is hosting [he ILLiad server to benefit program participants, and timely implementation is required to achieve full
benefits of the software application. The quarterly ILLiad reports are due on the same dates as the FSR schedule, as listed in
Paragraph D of this Section.
E. The Grantee agrees [o submit electronically the TSLAC Financial Status Report Form, located on the 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 are accomplished. Grantee should mark the last required FSR as
"Final" and not submit any subsequent FSR forms.
Renortine Period Due Date
September 1, 2008 -November 3Q 2008 December 31, 2008
December 1, 2008 -February 28, 2009 March 31, 2009
March 1, 2009 -May 31, 2009 June 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 [his contract in order to submit a revised FSR.
FY 2009 ILL Grant
F. 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 [V, Subpart B, Sec. 235(c), the audit shall be completed and submitted 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 that 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.
G. The Grantee agrees [o submit the. Grant Checklist report form for the grant funded under [his contract no later than October 31,
2009.
VIII. GENERAL TERMS AND CONDITIONS
A. The Grantee will comply with the TexNet Center Policies Manual.
B. The Grantee will comply with the Texas Administrative Code, Title 13, Part 1, Chapter 2, Subchapter C, Division 2, Rule 2.211
regarding the ILL Grant Program and Title 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: httn://www.rovernorstate.tx.us/divisions/staterrants/guidelines/files/UGMS062004.doc.
Part I. Cost Principles for Stale and Local Govemments and Other Affected Entities (Adapted from OMB Circular A-87)
Part II. Stale Uniform Administrative Requirements for Grants and Cooperative Agreements (Adapted from OMB Circulars A-
102 and A-122)
Part III. State of Texas Single Audit Circular (Adapted from OMB Circular A-133)
D. For grants funded with federal funds, the Grantee will also comply with [he Office of Management and Budget (OMB) Circular A-
133, Audits of States, Local Governments, and Non-Profit Organizations (revised 6/97), located at:
h[[p://www.whitehouse.gov/omb/grants/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 to States and Local Govemments (adapted from OMB Circular A-102).
F. All publicity relating to the grant award must include acknowledgement of the Institute of Museum,
http://www.imis.¢ov/recipients/acknowled2ement.shtm 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
benefiting library, announcements on the Grantee's website, and materials distributed through the gran[ project. The Grantee will
provide Grantor with one set of all public relations materials produced under this grant with the final II,L statistics.
G. Grantee understands that acceptance of funds under this contract acts as acceptance of the authority of the State 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 State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all rewrds 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 awazded.
H. The Grantee agrees [o maintain all financial and programmatic records, supporting documents, statistical records, and other records
relating to this grant award for a minimum of five years after Close of Grant. Close of Grant is defined for this grant as the date
Grantee submits to Grantor the Final FSR for [he contract grant period.
[. The Grantee agrees to develop or revise, as necessary, any specific written documentation of its curcent 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 gran[ activities. Drafts of [his procedural documentation will be submitted to Grantor by dates established
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 mare severe
enforcement action by Grantor;
2. Disallow (that is, deny both use of funds and matching credit for) al] or part of the cost of the activity or action not in
compliance;
3. Wholly or partly suspend or terminate [he current award for the Grantee's or Sub-grantee's program;
4. Withhold further awards for the program; or
5. Take other remedies that may be legally available.
FY 2009 ILL Grant
B. Hearines, anneals. 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 [he action involved.
C. Effects of suspension and termination. Costs of Grantee or Sub-grantee resulting from obligations incurred by the Grantee or
Sub-grantee during a suspension or after termination of an award are not allowable unless Grantor expressly authorizes them in
the notice of suspension or termination, or subsequently. Other Grantee or Sub-grantee costs during suspension or after
termination that are necessary, and not reasonably avoidable, are allowable if:
1. The costs resulting from obligations [hat were properly incurred by the Grantee or Sub-grantee before the effective 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 that
the termination takes effect.
D. Relationship 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, Subpart C, Sec 35) and state law.
X. CONTACTS AT TSLAC
Questions or concems about programmatic issues, budget and or program revisions and narrative reports should be directed [o [his
grant's Program Administrator:
TexNet Coordinator
Phone: 512-463-5406
Fax: 512-936-2306
E-mail: sbennettna,[sLsta[e.tx.us
Questions or concerns about reeulatorv or financial issues should be directed to:
Manager, Accounting and Grants Department
Phone: 512-463-6626
Fax: 512-475-0185
E-mail: mmartin(cJtslstate.tx.us
Questions relating to required Requests for Funds, Financial Status Reports, and EquipmenUProperty Acquired Report should be
directed [o:
Grants Accountant
Phone: S12-463-5472
Fax: 512-475-0185
E-mail: grants.accounting_(~[slstate.tx.us
Payments from Grantee to Grantor, such as those for excess advanced funds or for interest earned on advanced funds, should be mailed
with a revised FSR, an explanation of the purpose of the payment, and the grant number. This information shall be directed to:
Grants Accountant
Accounting and Grants Department
Texas State Library and Archives Commission _
PO Box 12516
Austin, TX 78711-2516
XIV.APPLICABLE AND GOVERNING LAW
A. The laws of the State 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 this 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 grant is subject to availability of funds.
XII. GRANT CERTIFICATIONS
A. Grantor certifies that: (1) the services specified in the approved grant application and this contract are necessary and essential for
activities that are properly within the statutory functions and programs of the affected organizations; (2) the services, supplies or
materials contracted for are not required by Section 21 of Article 16 of [he Constitution of Texas to be supplied under contract
given [o [he lowest bidder; and, (3) the gran[ is in compliance with Texas Government Code § 441.006, Title 13, Part 1, Chapter 2,
Subchapter C, Division 2, Rule 2.211 regarding [he ILL Grant Program and Title 13, Part 1, Chapter 2, Subchapter C, Division 1,
Rules 2.110 - 2.119 regarding General Grant Guidelines, Texas Government Code § 441.135 Grants (Systems Act), P.L. 104-
208, the Library Services grid Technology Act (LSTA), the State Plan for [he LSTA in Texas and UGMS.
B. The Grantee affirms that it has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity,
future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract.
FY 2009 ILL Grant
The Grantee further affimrs 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 [he
Grantee, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal gran[,
the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal grant or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid for such
purpose, the Grantee shall complete and submit OMB form SF-LLL, Disclosure of Lobbying Activities, in accordance with its
instructions. The Grantee shall require that the language of this certification be included in the award documents for all subawards
at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients
shall certify and disclose accordingly, as specified in Title 31 U.S. Code, Sec. 1352.
D. Grantee has provided to Grantor the mandatory Intemet Safety Certification (Certification) that it is in compliance with
requirements of [he Children's Internet Protection Act (CIPA) for any federal funds under this grant that will be used to purchase
computers used [o access the Internet or pay for the direct costs of accessing [he Intemet. Grantee agrees [o collect, as required and
appropriate, Certification forms from all libraries receiving benefits of federal funds expended under this contract.
E. Grantee certifies by this contract that neither it nor its principals are presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this program by any Federal department or agency, as required by
the regulations implementing Executive Order 12549, Debarment and Suspension, 34 CFR Part 85, Section 85.510, Participant's
responsibilities, 2 CFR Part 180 Subchapter C. 180.335. Where the grantee is unable to certify to any of the statements in [his
certification, the grantee shall attach an explanation to this contract.
F. The Grantee certifies [hat no federal funds from this grant award will be made available for a public library, or public elementary
or secondary school library that does not currently receive E-rate services, to purchase computers used to access the 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 grant be used to purchase computers for a public library, or public elementary or
secondary school library that does not currently receive E-rate services, to be used to access the Intemet or pay for the direct costs
of accessing the Intemet, Grantee will ensure Certification forms are received from all libraries receiving benefits of federal funds
expended under [his contract.
G. The Grantee certifies all applicable activities related to [his grant 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 ther
state-appropriated funds. (UGMS Part III, Subpart B, Sec. 14 -Stale Assurances)
1. A subgrantee must comply with Texas Govemment Code, Chapter 573, Vernon's 1994, by ensuring that no officer,
employee, or member of the applicant's goveming body or of [he applicant's contractor shall vote or confimr the employment
of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing
body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit
the employment of a person who shall have been continuously employed for a period of two years, or such other period
stipulated by local law, prior [o the election or appointment of [he officer, employee, or goveming body member related to
such person in the prohibited degree.
2. A subgrantee must insure [hat all information collected, assembled or maintained by the applicant relative to a project will be
available to the public during normal business hours in compliance with Texas Govemment Code, Chapter 552, Vemon's
1994, unless otherwise expressly prohibited bylaw.
3. A subgrantee must comply with Texas Govemment Code, Chapter 551, Vemon's 1994, that requires all regular, special or called
meeting of govemmen[al bodies [o be open to the public, except as otherwise provided by law or specifically permitted in the
Texas Constitution.
4. A subgrantee must comply with the Texas Family Code, Section 261.101 that requires reporting of all suspected cases of child
abuse [o local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Subgrantees
shall also ensure that all program personnel are properly trained and aware of this requirement.
5. Subgran[ees will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of
the Civil Rights Act of 1964 (P.L. 88-352) that prohibits discrimination on the basis of race, color or national origin; (b) Title LAC
of [he Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), that prohibits discrimination on
the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), that prohibits discrimination on
the basis of handicaps and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42
U.S.C. §§6101-6107), that prohibits discrimination on the basis of age; (e) the Dmg 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 the nondiscrimination
FY 2009 ILL Grant
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 Act
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 (j)
the requirements of any other nondiscrimination statute(s) that may apply to the application.
6. Subgrantees will comply, as applicable, with [he provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland
Act (40 U.S.C. §§276c and IS 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 subageements.
7. Subgantees will comply with the provisions of the Hatch Political 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. Subgantees will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the
Intergovernmental Personnel Act of 1970, as applicable.
9. Subgantees will insure that the facilities under its ownership, lease or supervision [hat shall be utilized in the accomplishment of
the project are not listed on the Environmental 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 of 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).
10. Subgantees 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 11593 (identification and protection of historic properties), and the Archaeological and
Historic Preservation Act of 1974 (I6 U.S.C. 469a-I et seq.).
11. Subgantees will comply with Public Law 103-277, also known as the Pro-Children Act of 1994 (Act), that prohibits smoking
within any portion of any indoor facility used for the provision of services for children as defined by the Act.
12. Subgrantees will comply with all federal tax laws and aze solely responsible for filing all required state and federal tax forms.
13. Subgantees will comply with all applicable requirements of all other federal and state laws, executive orders, regulations and
policies governing this program.
14. The applicant must certify that they are not debarred or suspended or otherwise excluded from or ineligible for participation in
federal assistance programs.
15. Subgantees must adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas
Deparhnent of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, e[ seq.
SIGNATURES
GRANTOR
Texas State Library a d Archives Commission
Edward Seidenberg, Assistant State Li avian
a ~t-25 -Oa'
Date
GRANTEE
City of Cyrpus Christi, Corpus Christi Public Library
Karen B. DrAbek, Chief Fiscal Officer
Date
Title
an official empowered to enter into contracts)
or Printed
9~/Z ~O~
Dale
~tiYCI ~~/`4,c.~~/~` - ~~ar 13 e.v<r~~y 5~~r~2y
Beverley Shirley, Library Resources Director
FY 2009 ILL Grant
~ G~ a~, za~°
,~~,~7
er c~-RCa ..,~~, ,~
seta gar