HomeMy WebLinkAboutC2009-347 - 9/8/2009 - ApprovedTEXAS STATE LIBRARY & ARCHIVES COMMISSION
INTERLIBRARY LOAN CENTER GRANT PROGRAM
Grant Number: 771-14027
I. CONTRACTING PARTIES
Grantor: Texas State Library and Archives Commission (TSLAC}
Grantee: City of Corpus Christi, Corpus Christi Public Library
805 Comanche
Corpus Christi, Texas 78401
II. TERM OF GRANT
September 1, 2009 to August 31, 2010 (SFY 2010}
III. STATEMENT OF SERVICES TO BE PERFORMED
Grant-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 to best practices and performance
outcomes, The Grantee will comply during the period of this contract and provide services as outlined within the approved grant
application (ILL Center Grant for State FY10} as approved by the Grantor, The approved grant 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 information
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 3.00 full-time equivalent (FTE} positions, whose work assignments are exclusively to provide ILL
services.
D. Grantee will provide telephone line(s) directly into the ILL office, telephone extension to local library telephones, and permit the
computers} 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 project staff.
F. The budget allocations are based on the following performance objectives:
1, Fill 8,700 ILL requests from the Grantee's resources.
2. Process 29,400 ILL transactions.
3. Maintain an average response time of 24 hours for ILL requests.
4. Maintain a maximum turnaround time of 8 days for requests from the region filled by the Grantee.
5. Maintain a maximum turnaround time of 1 S days for requests referred to and filled by other libraries.
6. Maintain contractual obligations with Clio for which funds have been provided far 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: $143,018
B. Source of funds:
Federal Funds CFDA # 45.310
Institute of Museum and Library Services, State Library Program (IMLS)
Federal Fiscal Year 2009
C. The Grantee must request payments from Grantor using the TSLAC Request for Funds Farm (RFF} via the electronic TSLAC Grant
Management System (GMS}, located at h sal s.tsl.state.tx.usl. 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 to one of two methods for requesting funds from Grantor. The Grantee may request reimbursement of
actual ex enditures for the Grantee's normal billing cycle, or advance a ent far estimated expenditures to be incurred for the
upcoming 30 days. Gnly Grantees that provide documentation to 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
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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 14th day of the previous month, Should excessive cash balances be maintained, Grantee may be required
to use the reimbursement process.
F. The Grantee may not obligate or encumber grant funds after August 31, 2010. All obligations and encumbrances must be
liquidated or paid no later than Gctober 15, 2010, Grantor must receive final re uest for advance no later than July 15, 2010.
Grantor must receive final request for reimbursement no later than Gctober 15, 2010.
G. Interest earned in excess of $100 must be returned to Grantor, per requirements in the State of Texas Uniform Grant Management
Standards ~UGMS}, 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. E. 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
IV.A, of Phis contract,
H. Per the approved grant application, funds are authorized according to the following budget:
Personnel $74 828
Frin a Benefit 37 085
Travel $400
E ui mentlPro ert 0
Supplies ~5 ~ ~ ~_,__ . _`..~.
Contractual X7,628 ___._
ether $12,100
Total $132,552
Indirect Costs ~ ~ $10,466
Total
$143,018
V. WRITTEN PRIUR APPROVALS FUR FISCAL AND PROGRAMMATIC CHANGES
Grantee must submit fiscal andlor programmatic change requests via the electronic TSLAC GMS. Grantor must receive all budget
amendment requests on or before May 30, 2010, and these will be considered on a case-by-case basis. Grantee must re 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 to exceed ten X10}percent of the total
grant; andlor,
2, Transferring any funds into a budget cost category that currently equals zero ~$0}; andlor,
3. 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 an executed Contract Amendment.
B. Programmatic changes to the approved grant application must have an executed Contract Amendment under any of the following
conditions:
1. Obtaining the services of a third party to perform activities that are central to the purposes of the grant; andlor,
2. Changing the scope or objectives of the 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; andlor,
3. Changing key persons specified in the grant; ILL Managers are considered key personnel for the purpose of this section.
VI. EQUIPMENT AND PROPERTY REQUIREMENTS
A. Fiscal changes to items listed in the EquipmentlProperty budget category specified in Section IV, H. of this contract requires an
executed Contract Amendment. This category includes equipment, furniture, library materials, etc., purchased wholly or in part
with grant funds. The approved budget amount listed in Section IV, H, plus any subsequently approved Contract Amendment will
be the total approved equipment expenditure amount. This is defined as the cast of the equipment andlor property, including any
cost necessary to put the item into service, such as the cost of any modifications, attachments, accessories, or auxiliary apparatus
necessary to 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 cost is between $500 and $1000.
C. The Grantee agrees to submit the TSLAC Equipment Report electronically via the TSLAC GMS with the Final FSR, but no later
than Gctober 31, 2010, for all equipmentlpropertypurchascd with grant funds during the SFY10 grant year. This list must balance
with the equipmentlproperty purchased under the approved grant application andlor an executed Contract Amendment.
D. Grantee must furnish a statement to Grantor certifying the governing entity's capitalization level with the approved grant
application or with the f rst RFF submitted. Grantee agrees to maintain records on all equipmentlproperty with an acquisition cost
above governing entity's capitalization level.
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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 equipmentlproperty 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 equipmentlproperty 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 equipmentlproperty in accordance with the UGMS Part III, Subpart C,
Sec. 32 ~e}. When the Grantee has been given federally- or state-owned equipmentlproperty, Grantee will follow the UGMS Part
III, Subpart C, Sec, 32 ~f~
VII. REPORTING REQUIREMENTS
The State Legislature has charged the 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 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 Grant Checklist report form for the grant funded under this contract no later than Qctober 31, 2410.
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 the 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 E of this Section,
E. The Grantee agrees to 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
grant 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.
Reportin Period Due Date
September 1, 2009 -November 30, 2009 December 31, 2009
December 1, 2009 -February 2$, 2010 March 31, 2010
March 1, 2010 -May 31, 2010 June 30, 2010
June 1, 2010 -August 31, 2010 September 30, 2010
If necessary, a revised Final FSR must be submitted no later than October 31, 2010,
Note; Grantee must contact the Grants Accountant listed in Section X of this contract in order to submit a revised FSR.
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 IV, Subpart B, Sec. 235~c}, the audit shall be completed and submitted within the earlier of 30 days after receipt of
the auditor's repart~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 to submit the Grant Checklist report form for the grant funded under this contract no later than October 31,
2010.
VIII. GENERAL TERMS AND CQNDITIUNS
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: htt :// overnor.state.tx.us/~les/state- rants/UGMS~620o4.doc.
Part I. Cost Principles for State and Local Governments and Other Affected Entities Adapted from OMB Circular A-87}
Part II, State 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 the Office of Management and Budget (OMB} Circular A-
133, Audits of States, Local Governments, and Non-Profit Organizations revised b197}, located at:
h ;//www.whrtehouse, ovlomb/ rants/ rants circulars.html.
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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 Governments adapted from OMB Circular A-102},
F, All publicity relating to the grant award must include acknowledgement of the Institute of Museum and Library Services
http://www.,imis.gov/recipients/acknowle~d ement.shtm, and the 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 grant project. The Grantee will provide
Grantor with one set of all public relations materials produced underthis grant with the final ILL statistics.
G. Grantee understands that acceptance of funds under this contract acts as acceptance of the authority of the Texas State Auditor's
Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Grantee further agrees to
cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, 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 to this grant award for three years after the last State Program Report for the Texas LSTA 5-Year Plan 200$ 2012 is
submitted on December3l, 2013. The Grange will maintain their records through December 31, 201.6.
I. 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; andlar, ~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 established
mutually between Grantor and Grantee. Grantor will provide review and guidance to enable final versions to be approved on or
before established deadlines,
~X. ENFORCEMENT
A. Remedies for noncom liance. 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
ar more of the following actions, or impose other sanctions, as appropriate in the circumstances:
1. Temporarily withhold cash payments pending correction of the deficiency by the Grantee or Sub~grantee, or more 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 the activity or action not in
compliance;
3. Wholly or partly suspend or terminate the 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.
B. Hearings„ appeals, In taking an enforcement action, Grantor will provide the Grantee or Sub-grantee an opportunity for such
hearing, appeal, or other administrative proceeding to which the Grantee or Sub-grantee is entitled under any statute or regulation
applicable to the action involved.
C. Effects of sus ension 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 that 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. Relationshi to Debarment and Sus ension, 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 concerns about ro rammatic issues bud et and or ro ram revisions and narrative re orts should be directed to this
grant's Program Administrator:
TexNet Coordinator
Phone: 512-463-5406
Fax: 512-936-2306
E-mail: sbennett _,tsl.state.tx.us
Questions ar concerns about re u~ry or financial issues should be directed to:
Manager, Accounting and Grants Department
Phone: 5 ~ 2-463-6626
Fax: 512-475-0185
E-mail: mmartin@tsl.state.tx.us
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Questions relating to required Requests for Funds, Financial Status Reports, and EquipmentlProperty Acquired Report should be
directed to:
Grants Accountant
Phone: 512-4b3-5472
Fax: 512-475-D185
E-mail: grants.accounting@tsl.state.tx.us
Payments from Grantee to Grantor, such as those for excess advanced funds or for interest earned on advanced funds, should 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 1251b
Austin, TX 78711-251 b
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 far 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 certif es 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 1b of the Constitution of Texas to be supplied under contract
given to the lowest bidder; and, (3}the grant is in compliance with Texas Government Code ~ 441.006, 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, Texas Government Code § 441.135 Grants (Systems Act}, P.L. 104-
208, the Library Services and Technology Act (LSTA}, the State Plan for the 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.
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 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. 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. Cade, Sec, 1352.
D. Grantee has provided to Grantor the mandatory Internet Safety Certification (Certification} that it is in compliance with
requirements of the Children's Internet Protection Act (CIPA} for any Federal funds under this grant that will be used to purchase
computers used to access the Internet or pay for the direct costs of accessing the Internet. Grantee agrees to 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. VL~here the grantee is unable to certify to any of the statements in this
certification, the 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 the Internet or pay
far the direct costs of accessing the Internet, 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 Internet or pay for the direct costs
of accessing the Internet, Grantee will ensure Certification forms are received from all libraries receiving benefits of Federal funds
expended under this contract,
G. The Grantee certifies all applicable activities related to this grant will be in compliance with the Copyright Law of the United
States (Title 17, U.S. Code).
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H, In addition to Federal requirements, state law requires a number of assurances from applicants for Federal pass-through ar other
state-appropriated funds (UGMS Part III, Subpart B, Sec. 14 -State Assurances},
1. A subgrantee must comply with Texas Government Code, Chapter 573, Vernon's 1994, by ensuring that no officer,
employee, or member of the applicant's governing body or of the applicant's contractor shall vote or confirm 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 ether 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 degree.
2. A subgrantee must insure that all information collected, assembled or maintained by the applicant relative tv a project will be
available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, Vernon'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 to be open to the public, except as otherwise provided by law or specif tally 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 to 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. Subgrantees 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
IX of the Education Amendment 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, §§6101107}, that prohibits discrimination on the basis of age; (e}the Drug Abuse Gffice and Treatment Act of 1972
(P.L. 92-255}, as amended, relating to nondiscrimination an 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
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 dd3 and
290 ee-3}, as amended, relating to confidentiality ofalcohol 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 provisians in the specific statutes}under which application for Federal assistance is being made; and (j}
the requirements of any other nondiscrimination statutes}that may apply to the application.
6. 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 Standards Act (40 U.S.C. §§327-333},
regarding labor standards for federally assisted construction subagreements.
7. Subgrantees 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 m whole or in part with Federal funds.
8. Subgrantees 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 appicable.
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 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 ~ the project is under consideration for listing by the EPA, (EQ 1173$
10. Subgrantees will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of
1966, as amended (16 U.S.C. 470}, E411593 (identification and protection of historic properties}, and the 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 filing 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. The. applicant must certify that they are not debarred or suspended or otherwise excluded from or ineligible for participation in
federal assistance programs.
15. Subgrantees must adopt and implement applicable provisions of the model HIVIAIDS work place guidelines of the Texas
Department of Health as required by the Texas Health and Safety Code, Ann,, Sec, 85,001, et,eq,
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SIGNATURES
GRANTOR
Texas State Library an Archives Commission
Edward Seidenberg, Assistant State Libr rian
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K en . Drabek, Chief Fiscal Officer
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Date
Beverley Shirley, ' rary Resources rector
Date
usan Bennett, Pro am Manager
Date
GRANTEE
City of Corpus~hristi, Corpus Christi Public Library
Signature (m e n official empowered to enter into contracts)
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