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HomeMy WebLinkAboutResolution - 2006-R0470 - Interlibrary Loan Center Grant Agreement - Texas State Library And Archives - 09_28_2006Resolution No. 2006-RO470 September 28, 2006 Item No. 6.7 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Interlibrary Loan Center Grant Agreement by and between the City of Lubbock and Texas State Library and Archives Commission, and all related documents. Said Agreement and related documents are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 28th day of September , 2006. ATTEST: Reb ca Garza, City Secretary APPROVED AS TO CONTENT: Qzd"�t'& d� - e Clausen, Library Director APPROVED AS TO FORM: Bohn M. Knight G Assistant City Attorney gs/cityatt/John/Interlibrary Loan Ctr Grant.res 09/14/06 �- Resolution No. 2006-R047 TEXAS STATE LIBRARY & ARCHIVES COMMISSION September 28, 2006 INTERLIBRARY LOAN CENTER GRANT Item No. 6.7 Grant Number: 771-07044 I. CONTRACTING PARTIES Grantor: Texas State Library and Archives Commission (TSLAC) 10 tto Grantee: City of Lubbock, Lubbock City -County Library 1306 9th Street Lubbock, Texas 79401-2708 H. TERM OF GRANT September 1, 2006, to August 31, 2007 III. STATEMENT OF SERVICES TO BE PERFORMED Grant -funded activities shall provide services outlined in the approved Interlibrary Loan Center grant application. The Grantee will comply during the period of this contract and provide services as outlined within the approved grant application (Interlibrary Loan Center Grant for State FY07) 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 interlibrary loan (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 interlibrary loan 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 interlibrary loan services: 1 FTE Librarian I 1 FTE Office Assistant D. Grantee will provide telephone line(s) directly into the interlibrary loan 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 project staff. F. The budget allocations are based on the following performance objectives: 1. Fill 5,800 interlibrary loan requests from the Grantee's resources. 2. Process 2 1, 100 interlibrary loan transactions. 3. Maintain an average response time of 24 hours for interlibrary loan 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 15 days for requests referred 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 Interlibrary Loan grant application. H. Grantee agrees, upon written request of Grantor, to participate fully in any special study, survey, or other research and testing which is designed to evaluate or improve interlibrary loan policies, procedures, or management. IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS A. The total amount of the grant shall not exceed: $96,741 RECEIVED B. Source of funds: ®CT' 0 26 Federal Funds. CFDA # 45.310 ACCCUN?INC; FY 2M EU. Grant 1 of 8 Institute of Museum and Library Services, State Library Program (IMLS) Federal Fiscal Year 2006 C. The Grantee must request payments from Grantor on the TSLAC Form, Request for Funds (RI). 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 requirements for 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 payment 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 the time elapsing between transfer of funds from Grantor and disbursement of grant funds will be allowed to request advance payments. E. Payments of advance funds will be disbursed by the first working day of the advance period provided the RFF Form is received by Grantor no later than the 15'h of the previous month. Shauld excessive cash balances be maintained, Grantee may be required to use the reimbursement process. Grantor must receive final request for advance no later than July 15, 2007. Grantor must receive final request for reimbursement no later than October 15, 2007. F. The Grantee may not oblate or encumber grant funds after August 31, 2007. All obligations and encumbrances must be liquidated or paid no later than October 15, 2007. G. All unexpended funds must be returned to 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. H. Interest earned in excess of $100 must be returned to Grantor, per requirements in the State of Texas Uniform Grant Management Standards (UGMS). I. The Grantee will add any program income to the funds committed to the grant, using such program income for the purposes and under the conditions of the grant. The source and amount of the program income must be explained in Section 9 of the TSLAC FSR form. Per the approved grant application, funds are authorized according to the following budget: Personnel $48,868 Fringe Benefits $23,660 Travel $600 Equipment/Property $0 Supplies $750 Contractual $4, 850 Other $10,000 Total Direct Costs $88,729 Indirect Costs $8,012 Total $96,741 V. WRITTEN PRIOR APPROVALS 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 on the ILL Grant Program Revision Form. Under no condition may a Grantee request to exceed the total grant amount. Grantor must receive all change requests on or before July 31, 2007. Requests received after this date will be considered on a case -by -case basis. Grantee must receive written anaroval from Grantor before obligating or expending grant funds under any of the following conditions. A. Fiscal changes must have an approved Prior Approval under the following conditions: 1. Making cumulative transfers among budget cost categories or projects which are expected to exceed ten (10) percent of the total grant; and/or, 2. Transferring any funds into a budget cost category that currently equals zero ($0). B. Programmatic changes to the approved ILL grant application must have written prior approval —under any of the following conditions: 1. Obtaining the services of a third party to perform activities that are central to the purposes of the grant; and/or, FY 2007 ILL Grant 2 of 8 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. C. Changes to the items listed under the following cost categories are required 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. Note: Written prior approval is required for ALL changes involving the purchase of computer equipment or Internet services. In addition, Grantee must comply with Internet Safety Certification requirements, as further outlined in Section XII of this contract. 1. Pre -award Costs None 2. Insurance (if not required by the grant) None 3. Rearrangements and Alterations of Facilities None 4. Eouipment/Property None VI. EQUIPMENT AND PROPERTY REQUIREMENTS A. All changes to items listed in the Equipment/Property category specified in Section IV. I. of this contract require written prior approval. This category includes equipment, furniture, library materials, etc., purchased wholly or in part with grant funds. The approved budget amount listed in Section IV.I. plus any subsequently approved Budget and/or Program Revisions, will be the total approved equipment expenditure amount. 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 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) which requires certain items of equipment to be maintained on inventory if the item's cost is above $500. C. The Grantee agrees to submit the TSLAC Equipment/Property Acquired Form with the Final FSR, no later than October 31, 2007, for all equipment/property purchased with grant funds during the FY07 grant year. This list must balance with the equipment/property purchased under the approved grant application and all subsequently approved Budget and/or Program Revisions. D. Grantee must furnish a statement to Grantor certifying the governing entity's capitalization level with the approved grant application or the first RFF submitted. Grantee agrees to maintain records on all equipment/property with 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 equipment/property 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 equipment/property records with a physical inventory of the equipment/property 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 equipment/property in accordance with the UGMS Part III, Subpart C, Sec. 32 (e). When the Grantee has been given federally- or state-owned equipment/property, 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. FY 2007 ELL Grant 3 of 8 A. The Grantee agrees to submit ILL statistics to Grantor monthly. Grantee will maintain a record of each interlibrary loan 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. TSLAC has provided the OCLC interlibrary loan 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 interlibrary loan 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 U-Liad 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. D. The Grantee agrees to submit a narrative quarterly report on all activities relating to the program to the Grantor form to be layed out by the Grantor on or before due dates listed in the following schedule: Reporting Period Due Date September 1, 2006 - November 30, 2006 December 7, 2006 December 1, 2006 - February 28, 2007 March 7, 2007 March 1, 2007 - May 31, 2007 June 7, 2007 June 1, 2007 - August 31, 2007 September 7, 2007 E. The Grantee agrees to submit the TSLAC FSR form 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 eriod Due Date September 1, 2006 - November 30, 2006 December 30, 2006 December 1, 2006 - February 28, 2007 March 30, 2007 March 1, 2007 - May 31, 2007 June 30, 2007 June 1, 2007 - August 31, 2007 September 30, 2007 If necessary, a revised Final FSR must be submitted no later than October 31, 2007. F. The Grantee will send the Grantor a copy of all management letters issued by an auditor with the reporting package, UGMS Part IV, Subpart C, Sec. 320 (b), within 30 days of the audit. The audit's Schedule of Expenditures of Federal and State Awards must list the amount of TSLAC awards expended for each award year separately. VII. GENERAL TERMS AND CONDITIONS A. The Grantee will comply with the TexNet Center Policies Manual. B. The Grantee will comply with the Rules for Administering the Library Systems Act, Texas Administrative Code, Chapter 1, Rule 1.1.46. 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.governor.state.tx.us/divisions/state ry ants uuidelines/fles/UGMS062004.doc. Part I. Cost Principles for State and Local Governments and Other Affected Entities (Adapted from OMB Circular A-87) Part H. State Uniform Administrative Requirements for Grants and Cooperative Agreements (Adapted from OMB Circulars A-102 and A-122) PartIII. 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 6/97), located at: www.whitehouse.gov/omb/grants/grants circulars.html. E. The Grantee will comply with the Institute of Museum and Library Services' 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). Grantee will also comply with the requirements of the Children's Internet Protection Act (CIPA), as outlined in Section XII, paragraph D of this contract. FY 2007 ILL Grant 4 of 8 F. All publicity relating to the grant award must include acknowledgement of the Texas State Library and Archives Commission and the Institute of Museums and Library Services 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 under this grant with the Final FSR. 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, 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 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 the current grant period. , 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; and or, (3) any other issues identified in Grantor's internal audit report of grant activities. Drafts of this procedural documentation will be submitted to Grantor by dates established mutually between Grantor and Grantee. Grantor will provide review and guidance to enable final versions to be approved on or before established deadlines. VH1. 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 the Grantee or Sub -grantee, or more severe enforcement action by Grantor; 2. Disallow (that is, den_ y 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 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 which are necessary, and not reasonably avoidable, are allowable if: 1. The costs resulting from obligations which 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 which 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. IX. CONTACTS AT TSLAC Questions or concerns about programmatic issues, budget and or program revisions and narrative MRorts should be directed to this grant's Program Manager: FY 2007 ILL Grant 5 of 8 TexNet Coordinator Phone: 512-463-5406 / Fax: 512-936-2306 E-mail: sbennett@tsI.state.tx.us Questions or concerns about regulatory 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 Documentation relating to required Requests for Funds, Financial Status Reports, and Equipment/Property Acquired Report should be directed to: Grants Accountant Phone: 512-463-5472 / Fax: 512-475-0185 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 12516 Austin, TX 78711-2516 X. 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 Iaw 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. M. 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 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, Texas Administrative Code Title = § 1.146, Texas Government Code §441.135 Grants (Systems Act), P.L. 108-81, 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 -ILL, 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 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. FY 2007 ILL Grant 6 of 8 E. 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 for 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. F. 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). G. 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 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 other period stipulated by local law, prior to the election or appointment of the officer; employee, or governing body member related to such person in the prohibited degree. (2) A subgrantee 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, Vernon's 1994, unless otherwise expressly prohibited by law. (3) A subgrantee must comply with Texas Government Code, Chapter 551, Vernon's 1994, which requires all regular, special or called meeting of governmental bodies to 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 which 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) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 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 and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§6101-6107), which 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 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 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VM 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 0) the requirements of any other nondiscrimination statute(s) which 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) which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. (8) Subgrantees will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. (9) Subgrantees will insure that the facilities under its ownership, lease or supervision which 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 FY 2007 ILL Grant 7 of 8 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) Subgrantees will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C.469a-1 et seq.). (11) Subgrantees will comply with Public Law 103-277, also known as the Pro -Children Act of 1994 (Act), which 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 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 Library and Archives Commission Edward Seidenbere. Assistant State Date - Marilyn Marti , Interim Chief Fiscal Officer Date Beverley Shirley, Library Resources Director Date GRANTEE City of Lubbock, Lubbock City -County Library Signature (Mus(be an official empowered to enter into contracts) David A. Miller, Mayor a Jk—.•a11.lV la Vl 1 a1111VV 1\/llll�r Title ATTEST: <jQ Rebecca Garza, City Secretary APPROVED AS TO FORM: ohn M. ICnigi City orney FY 2007 nL Grant 8 of 8