HomeMy WebLinkAboutC2008-328 - 9/9/2008 - ApprovedTEXAS STATE LIBRARY & ARCIIIVES COMMISSION
LIBRARY SYSTEM OPERATION GRANT
Grant Ntunber: 470-09005
I. CONTRACTING PARTIES
Grantor: Texas State Library and Archives Commission (TSLAC)
Grantee: City of Corpus Christi; South Texas Library System
805 Comanche St.
Corpus Christi, Texas 78401-2715
II. TERM OF GRANT
September 1, 2008, to August 31, 2009 (SFY 2009)
III. STATEMENT OF SERVICES TO BE
~`"6~1VA1
RECEIVEi7
SEP 2 6 2008
ACCOUNTING
Grant-funded activities shall support and encourage [he active and successful participation by libraries in services offered by the
System and the Grantor. The Grantee must provide basic system support services to member libraries, provide coordination and
cooperafion with TSLAC and with other libraries in a region, meet TSLAC and federal goals, report information relafing to best
practices and performance outcomes, and comply with all applicable requirements. The Grantee will comply during the period of this
contract and provide services as outlined within the grant application (System Plan of Service for Slate FY09) as approved by the
Grantor. The approved Plan of Service 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 not exceed: $394,978
B. Source of funds:
Federal Funds. CFDA # 45.310
Insfi[ute of Museum and Library Services, State Library Program (IIvII.S)
Federal Fiscal Year 2008
C. The Grantee must request payments from Grantor using the TSLAC Request for Funds Form (RF1~) via the electronic TSLAC Grant
Management System (GMS), located at httos://ems.[sLsta[e.tx.us/. Requests may be submitted to Grantor no more often than once
per month, and no less ofen 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 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 providing documentation to demonstrate a lack of sufficient working capital and the ability [o
minimize the time elapsing between transfer of funds from Grantor and disbursement of gran[ funds will be allowed m request
advance payments.
E. Payments of advance funds will be disbursed by the fast 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 [o 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 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. All unexpended grant funds must be returned to Grantor with the Final Financial Status Report (FSR) per requirements in [he
Federal Grants Management Handbook. See Section VII. B.of [his 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 [he right [o ac[ as necessary to reduce these unexpended balances, including reducing the amount specified in Secflon N.A.
H. Interest eamed in excess of $100 must be returned ro Grantor, per requirements in the Stale of Texas Uniform Grant
Management Standards (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 [he gran[. The source and amount of the program income must be explained in the remazks section of [he
TSLAC FSR form accessed through the Grants Management System (GMS) at httos://ems.tslstate.tx.us. Expending any earned
program income earned through the utilization of resources funded by this grant requires written prior approval from TSLAC
2008-328
09/09/08
Res. 027836
Tx St. Library & Archives Comm. t ee~ Tsuc
Per the approved gran[ application, funds aze authorized according to the following budget:
Personnel $182.739
Frinee Benefits $68.010
Travel $38.315
EqulpmenUPfo1)ertY $-
Supnltes $21.750
Contractual $52.240
Other $6,340
Indirect Costs $25,584
Total $394,978
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 the electronic TSLAC GMSlocated a[ httns://gms.tslstate.tx.us/. Under no condition may a
Grantee request to exceed the mtal gant amount. Grantor must receive all change requesu on or before Jttly 31, 2009. Requests received
after [his 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 cost categories or projects that are expected [o exceed ten (10) percent of the total
gant; and/or,
2. Transferring any funds into a budget cos[ category that curzentiy equals zero ($0); and/or,
3. Expending any earned program income earned through the utifizafion of resources funded by this gran[; and/or,
4. Changing the items listed in [he approved budge[ 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 application (System Plan of Service) must have written prior approval under any of the
following conditions:
1. Obtaining the services of a third party [o perform activities that are central to the purposes of [he grant; and/or,
2. Changing the scope or objectives of the approved program, regazdless of whether there is an associated budget revision. A
change in scope is a substantive difference in [he approach or method used to reach program objectives; and/or,
3. Changing key persons specified in the grant, System Coordinators (or Executive Directors) are considered key personnel for
the purpose of this section.
VI. EQUII'MENT AND PROPERTY REQUIREMENTS
A. Fiscal changes to items listed in [he EquipmentlProperty category specified in Section N. J of this contract require written prior
approval. This is defined as the cost of the equipment and/or property, including any cost necessary to put the item into service, such
as the cos[ of any modifications, attachments, accessories, or auxiliary appaza[us necessary to make the item usable for the purpose
for which it is acquired. Ancillary chazges, such as taxes, duty, protective in-transit insurance, freight, and installaflon may be
included in, or excluded from the expenditure cos[ in accordance with the Grantee's regulaz 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 cost is between $500 and $1000.
C. The Grantee agrees to submit the TSLAC EquipmenUProperty Acquired Form electronically via [he TSLAC GMS with the Final
FSR, but no later than October 31, 2009, for all equipmenUproperty purchased with grant funds during the FY09 grant year.
This list must balance with the equipmenUproperty purchased under the approved grant application and all subsequently
approved Budget and/or Program Revisions.
D. Grantee must famish a statement to Grantor certifying the governing enfity's capitalization level with the approved gran[
application or with the first RFF submitted. Grantee agrees to maintain records on all equipmenUproperty with an acquisition
cos[ above governing entity's capitalization level.
E. Subject to the obligations and conditions set forth in the UGMS Par[ III, Subpar[ C, Sec. 32, fide to equipment acquired under a
gran[ 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, Subpar[ C, Sec. 32 (d) that requires the Grantee to reconcile
the equipmenUproper[y records with a physical inventory of the equipmentlproperty every two years. This bi-annual inventory does
not need to be submitted to Grantor, but must be maintained by the Grantee and will be subject to review by Grantor. When property
is vested in the Grantee, Grantee will dispose of equipmendproperty in accordance with the UGMS Part III, Subpart C, Sec. 32 (e).
When the Grantee has been given federally- or state-owned equipmendproperty, Grantee will follow the UGMS Part III, Subpart C,
Sec. 32 (f).
AY 2009 System Opemuons Grant 2 of 7 TSLAC
VII. REPORTING REQUIREMENTS
The State Legislature has charged [he Grantor with submitting performance measurement reports that specify the level of services provided
by its programs and services. in accepting these grant funds, the Grantee acknowledges responsibility for perfomdng certain services on
behalf of the Grantor, as outlined in the approved Plan of Service. 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 a quarterly report on all activities relating to the program to the Grantor, on a form to be provided
by [he Grantor, on or before due dates listed in the following schedule:
Renortine Period Due Date
September 1, 2008 -November 30, 2008 December 7, 2008
December 1, 2008 -February 28, 2009 Mazch 7, 2009
Mazch 1, 2009 -May 31, 2009 June 7, 2009
June 1, 2009 -August 31, 2009 September 7, 2009
The Grantee agrees to submit electronically the TSLAC Financial Status Report Form, located on [he TSLAC GMS, for the
gran[ funded under this contract no later than [he 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 mark the last required
FSR as "Final" and no[ submit any subsequent FSR forms.
Reoortine Period Due Date
September 1, 2008 -November 30, 2008 December 31, 2008
December 1, 2008 -February 28, 2009 March 31, 2009
Mazch 1, 2009 -May 31, 2009 June 30, 2009
June 1, 2009 -August 31, 2009 September 30, 2009
II 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 addition to the scheduled Financial Status Reports.
Note: Additional reports will be supplied by the grantee within 5 business days of request by Grantor.
D. The Grantee will send [he 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 eazlier 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 [he funding or a different period is specified in aerogram-specific audit guide. The
audit's Schedule of Expenditures of Federal and State Awards must list the amount of TSLAC awazds expended for each awazd
year sepazately.
E. The Grantee will submit [he required Workshop Reporting Forms to the Grantor for [he period September 1, 2008 to August 31,
2009. Workshop Reporting Forms should be submitted following each workshop, with all forms submitted no later than
September 30, 2009.
F. 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 [o Grantor no later than September 30, 2009 unless grantor grants an
extension.
G. The Grantee agrees [o submit an annual LSTA Project Report Form no later than September 30, 2009 unless grantor grants an
extension.
H. The Grantee agrees to submit the Grant Checklist report form for the grant funded under [his contract no later than October 31,
2009.
VIII. GENERAL TERMS AND
A. The Grantee will comply with the System Plan of Service Program Guidelines for SFY 2009.
B. The Grantee will comply with [he Rules for Administering the Librazy Systems Act, Texas Administrative Code, Title 13, Par[
1, Chapter 1, Subchapter D, Rules 1.91 - 1.96, Title 13, Par 1, Chapter 2, Subchapter C, Division 6, Rules 2.610 - 2.612
regazding the Guidelines for Library Systems, and Title 13, Par 1, Chapter 2, Subchapter C, Division 1, Rules 2.110 - 2.119
regazding General Gran[ 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.zovemor state.tx us/divisions/statexrants/zuidelines/Rles/UGMS062004.doc.
Part I. Cos[ Principles for State and Local Governments and Other Affected Entities (Adapted from OMB Circulaz A-87)
Part II. State Uniform Administrative Requirements for Grants and Cooperative Agreements (Adapted from
OMB Circulazs A-102 and A-122)
F7 2009 System Operations Grant 3 of 7 TSLAC
Part III. Stale of Texas Single Audit Cirwlaz (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) Circular A-133,
Audits of States, Local Govemmenis, and Non-Profit Organizations (revised 6/97), located a[:
www.Whitehouse.aov/omb/xrants/rrants circu[ars.html.
E. The Grantee will comply with the IIvILS' 45 Code of Federal Regulations, Part 1183, Uniform Administrative Requirements for
Grants and Cooperative Agreements to States and Local Governments (adapted from OMB Circular A-102).
F. All publicity relatng to the grant award must include acknowledgement of the Institute of Museum and Library Services,
http://www.imis.gov/recipients/acknowledeementshtm, 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 websi[e, and materials distributed through the grant project. The Grantee will provide upon request
of Grantor one se[ of all public relations materials produced under this grant with the final quarterly report of program acfivities.
G. Grantee understands that acceptance of funds under this contract acts as acceptance of the authority of [he State Auditors 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 Auditor's Office or its successor in [he conduct of the audit or investigaton, 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 awazded.
H. The Grantee agrees to maintain all financial and programmatic records, supporting documents, statistical records, and other records
relating to this gran[ award for a minimum of five years after Close of Grant. Close of Grant is defined for this grant as [he date
Grantee submits [o Grantor [he Final FSR for the contract grant period.
I. The Grantee agrees [o develop or revise, as necessary, any specific written documentation of its current procedures for (1) collecting
and reporting performance measures; (2) conducfing a fixed asset inventory; and/or, (3) any other issues identified in Grantor's
internal audit report of gran[ activities. Drafts of this procedural documentation will be submitted [o Grantor by dates established
mutually between Grantor and Grantee. Grantor will provide review and guidance to enable final versions to be approved on or
before established deadlines.
IX. ENFORCEMENT
A. Remedies for 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 the following actions, or impose other sanctions, as appropriate in the circumstances:
1. Temporarily withhold cash payments pending correction of the deficiency by [he Grantee or Sub-grantee, or more severe
enforcement action by Grantor;
2. Disallow ([hat is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in
compliance;
3. Wholly or partly suspend or terminate [he current award for the Grantee's or Sub-grantee's program;
4. Withhold further awards for [he program; or
5. Take other remedies that maybe legally available.
B. Hearines, appeals. In taking an enforcement action, Grantor will provide the Grantee or Sub-gantee 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 susoension and ternnation. Costs of Grantee or Sub-grantee resulting from obligations incurred by the Grantee or
Sub-grantee during a suspension or after termination of an awazd are no[ 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, aze noncancelable; and,
2. The costs would be allowable if the awazd were no[ suspended, or expired normally at the end of the funding period in
which [he termination takes effect.
D. Relationship to Debarment and susoension. 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 2009 System Operations Gran[ 4 of 7 TSLAC
X. CONTACTS AT TSLAC
Questions or concems about ~oerammatic issues budeet and or orogam revisions and anv narrafive reuorts should be directed [o this
gant's Progam Adminisvator.
Progam Administrator, Library Systems
Phone: 512-936-2236 /Fax: 512-463-8800
E-mail: mail[o:ciowaisas@tslsta[e.tx.us
Questions or concems 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@tsl.state.tx.us
Questions or documentation relating to required Requests for Funds Financial Status Reports and EauinmenUPropertv Acquired
Report should be directed to:
Grants Accountant
Phone: 512-463-5472 /Fax: 512-475-0185
E-mail: erants.accountine@tslsta[e.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 gan[ number. This information shall be directed to:
Grants Accountant
Accounting and Grants Deparhnent
Texas State Library and Archives Commission
PO Box 12516
Austin, TX 78711-2516
XI. APPLICABLE AND GOVERNING LAW
A. The laws of the Sm[e of Texas shall govern this gant. 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) [he State of Texas, and the foram and venue for such disputes shall be Travis County, District Court.
B. This goof is subject to availability of funds.
XII. GRANT CERTIFICATIONS
A. Grantor certifies that: (1) the services specified in the approved gan[ application and this contract are necessary and essential for
activities that are properly within the statutory functions and progams of the affected organizations; (2) the services, supphes or
materials contracted for aze not required by Section 21 of Article 16 of [he Constitution of Texas to be supphed under contract given
to the lowest bidder; and, (3) the gan[ is in compliance with Texas Government Code §441.006, Texas Administrative Code, Title
13, Par[ 1, Chapter 1, Subchapter D, Rules 1.91 - 1.96, Title 13, Part 1, Chapter 2, Subchapter C, Division 6, Rules 2.610 -
2.612 regarding the Systems Grant Progam, and Title 13, Part 1, Chapter 2, Subchapter C, Division 1, Rules 2.110 - 2.119,
Texas Government Code §441.135 Grants (Systems Act), P.L. 108-81, the Library Services and Technology Act (LSTA), and the
State Plan for the LSTA in Texas and UGMS.
B. The Grantee affirms that it has no[ given, offered [o give, nor intends to give a[ any time hereafter, any economic opportunity, future
employmenk gift, loan, gatuity, special discount, [rip, 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 gatuities, favors, or anything of monetary value
from contractors, potential contractors, or parties to any sub-agreements.
C. The Grantee certifies by this contract [hat no Federal appropriated funds have been paid or will be paid, by or on behalf of the
Grantee, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congers, an
officer or employee of Congers, or an employee of a Member of Congers in connection with the making of any Federal gan[, the
entering into of any cooperative agreement, and the extension, continuaflon, renewal, amendment, or modification of any Federal
gant or cooperative agcemen[. 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 instmctions.
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 gants and cooperative agreements, and subcontracts) and that all subrecipients shall certify
and disclose accordingly, as specified in Title 31 U.S. Code, Sec. 1352.
D. Grantee has provided to Grantor the mandatory Internet Safety Certification (Certification) that it is in comphance with requirements
of the Children's Internet Protection Act (CIPA) for any federal funds under this gan[ that will be used [o purchase computers used
to access the Internet or pay for the duce[ costs of accessing the Internet.
E. Grantee certifies by [his contract that neither i[ nor its principals are presently debarred, suspended, proposed for debarment,
declazed ineligible, or voluntarily excluded from participation in [his progam by any Federal department or agency, as required
FY 21H19 System l~era[ions Gran[ 5 of 7 TSLAC
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 [he grantee is unable to certify [o any of the
statements in this certification, [he grantee shall attach an explanation to this contract.
F. The Grantee certifies that no federal funds from this grant award will be made available for a public library, or public
elementary or secondary school library that does not currently receive E-rate services, to purchase computers used to access [he
Interne[ or pay for the direct costs of accessing [he Interne[, 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 librazy [hat does not currently receive E-rate services, to be used to access the In[emet or pay for
the direct costs of accessing the Internet, Grantee will ensure Certification forms aze received from all libraries receiving
benefits of federal funds expended under this contract.
G. The Grantee certifies all applicable actvities related to this gran[ 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 subgran[ce must comply with Texas Govemmen[ Code, Chapter 573, Vernon's 1994, by ensuring that no officer,
employee, or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the
employment of any person related within the second degree of affinity or the third degree of consanguinity [o any
member of [he governing body or [o 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 yeazs, or such other period sflpulated by local law, prior to the elecfion or appointment of the officer, employee, or
governing body member related [o such person in [he prohibited degree.
2. A subgrantce must insure that all information collected, assembled or maintained by the applicant relative to a project
will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552,
Vemon's 1994, unless otherwise expressly prohibited by law.
3. A subgrantee must comply with Texas Government Code, Chapter 551, Vemon's 1994, that requires all regular, special or
called meeting of governmental bodies [o be open to the public, except as otherwise provided by law or specifically
permitted in the Texas Constitution.
4. A subgran[ce 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 Protecfive and Regulatory Services.
Subgrantees shall also ensure that all program personnel aze properly trained and aware of this requirement.
5. Subgrantees will comply with all federal stam[es relating [o nondiscrimination. These include but are not limited to: (a) Title
VI of the Civil Rights Ac[ of 1964 (P.L. 88-352) that prohibits discrimination on the basis of race, color or nafional origin;
(b) Title IX of the 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 Ac[ 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
Discriminafion Act of 1974, as amended (42 U.S.C. §§6101-6107), that prohibits discrimination on the basis of age; (e) the
Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Ac[ of 1970
(P.L. 91-616), as amended, relating m the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527
of the Public Health Service Ac[ of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relafing 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 Q) the requirements of
any other nondiscrimination statute(s) that may apply to the applicaton.
b. Subgrantees will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-7), the
Copeland Act (40 U.S.C. §§276c and 18 U.S.C. §§874), and the Contract Work Hours and Safety Standazds Act (40 U.S.C.
§§327-333), regazding labor standards for federally assisted constmction subagreements.
7. Subgran[ees will comply with the provisions of the Hatch Pofiflcal Activity Act (5 U.S.C. §7321-29) that limit the political
activity of employees whose principal employment activities are funded in whole or ta part with Federal funds.
8. Subgran[ees will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act
and [he Intergovernmental Personnel Ac[ of 1970, as applicable.
9. Subgrantees will insure that the facilities under its ownership, lease or supervision that shall be utilized in the
accomplishment of the project are not listed on the Environmental Protections Agency's (EPA) list of Violating Facilities
and [ha[ it will nofify 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 fisting by the EPA. (EO
11738).
10. Subgrantees will assist the awarding agency in assuring compliance with Section 106 of [he National Historic Preservation
Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protecfion of historic properties), and the
FY 2009 System Operations Gran[ 6 of 7 TSLAC
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.).
11. Subgrantees 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 are solely responsible for fihng all required state and federal tax
forms.
13. Subgrantees will comply with all applicable requirements of all other federal and state laws, executive orders, regulations
and policies governing this program.
14. Subgrantees 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
Texas State Li and Archives Cotntnission
l
Edwazd Seidenberg, Assistant Slate Librariat
b q- 2 S~pY
Date / _
Kazen B. Drolbek, Chief Fiscal Officer
~-/y-o~
Date C~
~~
Deborah Littrell, Libraz~~e~~e Director
Date - O
GRANTEE
City o~Corpus Christi, South Texas Library System
Si~'fatu(e (must be annnfficial empowered to enter into contracts)
Typewritten r Printed Name
Title
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Date
asto~rtp~F"i`'x a$, ~~~
Christopher Jm'waisas, V gram Manager
~~15/2~~
Date
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SECRtTARY (~,
PY 2009 System Operations Grant 7 of 7 TSLAC
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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 undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the making of any Federal grant, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
grant or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid 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 this Federal grant or cooperative agreement, the undersigned shall complete and
submit Standard Form -LLL, Disclosure Form 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 subgrants, contracts under grants and
cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed by the Texas State
Library when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
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Name and Title of Authoriz d Representative
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36 CFR 82.110 T8L 9304
OMB Approval No. 0348-OU40
ASSURANCES -NON-CONSTRUCTION PROGRAMS
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including
time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments regarding the burden estimate or any other
aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management
and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND
BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please
contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to
additional assurances. If such is the case, you will be notified.
As the duly authorized representative of the applicant, I certify that the applicant:
1. Has the legal authodry to apply for Federal
assistance and the institutional, managerial and
financial capability (including funds sufficient to
pay the non-Federal share of project cost) to
ensure proper planning, management and
completion of the project described in this
application.
2. Will give the awarding agency, the Comptroller
General of the United States and, if appropriate,
the State, through any authorized representative,
access to and the right to examine all records,
books, papers, or documents related to the
award; and will establish a proper accounting
system in accordance with generally accepted
accounting standards or agency directives.
3. Will establish safeguards to prohibit employees
from using their positions for a purpose that
constitutes or presents the appearance of
personal or organizational conflict of interest, or
personal gain.
4. Will initiate and complete the work within the
applicable time frame after receipt of approval of
the awarding agency.
5. Will comply with the Intergovernmental
Personnel Act of 1970 (42 U.S.C. §§4728-4763)
relating to prescribed standards for merit
systems for programs funded under one of the
19 statutes or regulations specified in Appendix
A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart
F).
6. 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) 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. §§1681-1663, and 1685-
1686), which prohibits discrimination on the basis
of sex; (c) Section 504 of the Rehabilitation Act
of 1973, as amended (29 U.S.C. §794), which
prohibits discrimination on the basis of
handicaps; (d) the Age Discrimination Act of
1975, as amended (42 U.S.C. §§6101-6107),
which prohibits discdmination on the basis of
age; (e) the Drug Abuse Office and Treatment
Act of 1972 (P.L. 92-255), as amended, relating
to nondiscdmination on the basis of drug abuse;
(f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91-616), as
amended, relating to nondiscrimination on the
basis 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 drug abuse patient records; (h) Title VIII of
the Civil Rights Act of 1968 (42 U.S.C. §§3601 et
seq.), as amended, relating to nondiscrimination
in the sale, rental or 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) which may apply to the application.
7. Will comply, or has already complied, with the
requirements of Titles II and III of the Uniform
Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (P.L. 91-646)
which provide for fair and equitable treatment of
persons displaced or whose property is acquired
as a result of Federal or federally-assisted
programs. These requirements apply to all
interests in real property acquired for project
purposes regardless of Federal participation in
purchases.
8. Will comply, as applicable, with provisions of the
Hatch Act (5 U.S.C. §§1501-1508 and 7324-
7328) which limit the political activities of
employees whose principal employment activities
are funded in whole or in part with Federal funds.
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