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HomeMy WebLinkAboutResolution - 2011-R0419 - Technical Assistance Negotiated Grant Agreement - TSLAC - 09_27_2011Resolution No. 2011—R0419 September 27, 2011 Item No. 5.2.3 RESOLUTION 3E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Technical Assistance Negotiated 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. ii Passed by the City Council on September 27, 2011 TOM MARTIN, MAYOR ATT T: Re ecca Garza, ity ISMetaV APPROVED AS TO CONTENT: Jaqvtlausen, Library Director APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vwxcdocs/RES.Library-Technical Assistance Agrmt September 6, 2011 Resolution No. 2011—RO419 TEXAS STATE LIBRARY & ARCHIVES COMMISSION TECUINICALASSISTANCE NEGOTIATED GRANT Grant Number: 476-12009 CONTRACTING PARTIES Grantor: 'texas State Libt-ary and Arclafvcs Commission (TSLAC) [grantee: City of Luhhock, West Texns Library Svstcm 1300 Ninth St. Lubhock, Tcsas 79401 IL TERt�i OF GRANT September I, 2011 to August 31, 2012 (SFY 2012) Ill. STATEMENT OF SERVICES TO BE PERFORMED Grant -funded activities shall provide services as outlined in the approved grant application. Grant flrndS must be used to taacct TSLAC' .and Federal goals. The Grantee must report information relating to best practices and performance outcomes. The Grantee will comply durin4 the period of this contract and provide services as outlined within the approved grant ,application (Technical Assistance Negotiated Grant (TANG for State FY12) as approved by the Grantor. The approved grant application submitted by Grantee becomes part of this contract by this reference. IV. GRANTANIOUNTS AND DISBURSEMENT REQUIREMENTS A. The total amount of the grant shall not exceed: $108,826 B. Source of funds: Federal Funds, CFDA # 45.310 institute of Museum and Library Services, State Library Program ([MLS) Federal Fiscal Year 2011 C. The Grantee must request payments from Grantor using the TSLAC Request for Funds Form (RIFF) via the electronic TSLAC Grant Management System (GMS), located at https:,'I,nas.tsl.st:ate.u.us/. Requests may be submitted to Grantor no more often than once pct month, and no less often than once per quarter. Funds will be paid to the Grantec 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 rcinlhui:Scnlrnt of actual expenditure fior the Grantee's normal billing cycle, or advance payment 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 to nlininlize the time elapsing between transfer of funds from Grantor and disbursement of grant funds will he allowed to request adv:ancc paymcrats. E. Payments of advance funds will be disbursed by the first working day of the advance period provided RFF Form is received by Grantor no later than the 14°i day of the previous month. Should excessive cash balances be maintained, Grantee may be required to use the reimbursement process. Grantor must receive final retitrest for advance no later than ,Ittly 14, 2012. Grantor muss receive final request for reimbursement no later than October 14, 2012. F. The Grantee may not ohligmte or encumber grant funds after Angust 31, 2012. All obligations and encumbranc;es mu,t hr liquidated or paid no later than October 15, 2012. G. Interest earned on advanced funds, in excess of S 100 , must be returned to Grantor, per requirements in the Statc ul l rui, 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 V11. Q. of this contract for FtiR due dates. As part of the Section VII reporting requirements, the Grantee will regularly notify the Grantor of the amount o1' projected unexpended funds. The Grantor reserves the right to act as necessary to recittce these unexpended balances, including; reducing the amount of specified in Section IV. A. of this contract. H. Tile Grantee will add any program income to the funds committed to the ilrant, using such program income fur the ptuposcs and tinder the conditions of the grant. The source and amount of the program income must be explained in the remarks section ol' the TSLAC FSR form accessed through the Grants Management System (GMS) at heaps: ;gms.tsl.stutt.t.x.us. Expending any earned program income earned through the utilization of resources funded by this grant requires written prior :approval from TSLAC staff'. I-Y 2012 Technical Assistance Negotiated Grant 1 01,8 1 SL1C Per the approved grant application, funds are authorized according to the folloNti ing budget: Personnel S68,906 Fringe Benefits S272-17 Travel S ; 60 Fcutipment S0 Su0111ies SR)O Contractual So Other 50 Total S99813 Indirect Costs S9013 Total S l08826 V. REQUEST FOR FISCAL AND PROGRArNIMATIC CHANGES The Grantee must request a Budget and/or Program Revision for fiscal and/or programmatic Ch,mgcs as outlined in this SCCtiolt. tiranlec must submit request for Budget and/or Program Revision electronically on the `i'SLAC UMS thus:.,nts.tsl.state.tx.us ). Under no condition rrta) a Grantee request to exceed the total grant amount. Grantor• must receive all change ra,,Jucsts on or before July H-5, 2012. Requests rccci%cd after this date will be considered on a case -by -case basis. Grantee must submit a Budget and/or Program Ievision to Grantor before obligating or expending grant funds under any of the following conditions. A. Fiscal changes must have a Budget Revision under any of the following conditions: 1. Making cumulative transfers among budget cost categories or projects that 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 (SO); and/or, 3. Expending any earned program income earned through the utilization of resous-ces funded by this grant; and/or, 4. Changing the items listed in the approved budget categories if an item's cost or I'catnres are substantially different from what the approved grant application specifies, or from a previously approved fiscal or program revision. B. Programmatic changes to the approved grant application must have a Program Revision under any of the lollowing conditions: I , Obtaining the services of a third party to perform activities that are central to the purposes of the grant; and/or, 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 reacts 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. V1. EQUIPMENT AND PROPERTY REQUIREMENTS A. if conditions described in Section V. A. I are met, fiscal changes to items listed in the EquipmCnt/PropCty Budget category specified in Section IV. 1 of this contract require a Budget Revision. 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 uny modifications, atinchnents, 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 cxpCn1littu•e 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 S 1000. C. The Grantee agrees to submit the TSLAC Equipment Report electronically via the TSLAC GMS with the Final FSR, but no later than October 31, 2012, for all equipment/property purchased with grant funds during, the SFY 12 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 with 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 Iil, Subpart C, Sec. 32, title to equipment acquired under a grant will vest in the Grantee upon acquisition. Grantee must include any equipmenulproperty acquired with grant funds In the regnrred hl- annual property inventory, and fbllow the UGMS Part Ill, Subpart C, Sec. 32 (d) that I-culuires the Grantee to reconcile the equipment/property records with a physical inventory of the equipment/property every two years, This bi-annulul inventory does rwt 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 ill, Subpart C, Sec, 32 (c). When the Grantee has been given Federally- or state-owned equipment/property, Grantee will tollow the UGMS Part 111, Subpart C, Sec. 32 (0. FY 2012Technical Assistance Negotiated Gant 2 of S TSLAC N' 11 /111. REPORTING REQUIREMENTS The State Legislature has charged (lie Grantor with submitting perrorlmance measurement reports that specify the Icvel of,erviccs pro%rded by its programs and services. in accepting these grant funds, the Grantee ncknoMCLIges responsibility for pertornling certain scrriccs on hchall of the Grantor, as outlined in the approved gi-ant application. Therefore, the Grantce is responsible for submitling periodic reports That rcllcct the Grantee's level of performance on these services to the Grantor. To comply m ith these requirenknts, the Grantee agrees to ,ubrltil reports that are tinkly, accurate, auditable, and consistent with definitions. A. The Grantee agrees to subnlit a quarterly report on all activilics relating to the program to the Grantor through the TSLAC GXIS on or before due dates listed in the following schedule: Reportin!Period Due Date September 1, 2011 - November 30, 2011 December 7, 2011 December 1, 2011 - February 29, 2012 March 7, 2012 March 1, 2012 - May 31, 2012 June 7, 2012 June 1, 2012 - August 31, 2012 September 7, 2012 13 The Grantee agrees to submit electronically the TSLAC Financial Status Report Form, located on (he TSLAC G%IS, for the �,ranl funded under this contract no late[- than the due dates listed an the following schedule. Grantce should submit a Final FSR once all 11rant funds have been expended and all program requirements are accomplished. Grantce slwuld mark the la-,.1 required FSIt as "Final" and not submit any subsequent FSR forms. Reporting Period Due Date September I, 2011 - November 30, 2011 December 31, 2011 December 1, 2011 - February 29, 2012 March 31, 2012. March 1, 2012 - May 31, 2012 June 30, 2012 June 1, 2012 - August 31, 2012 September 30, 2012 If necessary, a revised Final FSR must be submitted no later than October 31, 2012. Note: Grantee must contact the Grants Accountant listed in Section `C or 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 the Grantor a copy of all management letters issued by an auditor with the reporting package. As spccidierl in UGMS Part IV, Subpart B, Sec. 235(c), file audit shall be completed and submitted within the earlier of 30 days after receipt of the auditor's report(s), or nine months after (Ile 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 a program -specific audit guide. The audit's Schudulr uJ Expenditures of Federal and S1cNe Iflllards must list the amount of TSLAC awards expended for each award year separately. E. The Grantee will submit the required Workshop Reporting Forms to the Grantor for the period September I, 2011 to August }I. 2012. Workshop Reporting Forms should be submitted following each "vorkshop, with all forms submitted no later than September 30, 2012. F. The Grantee agrees to submit an annual LSTA Project Report Form no later than September 30, 2012 unless grantor grants all extension. G. Grantee agrees to participate in Outcome Based Evaluation (OBE), as determined by Grantor, for the grant period September- I, 2011 to August 31, 2012. Grantee will submit OBE report to Grantor no later than September 30, 2012 unless grantor grants an extension. H. The Grantee agrees to submit the Grant Checklist report form for the grant funded under this contract no later than October 31, 2012. 1. The Grantor reserves the right to withhold final payment on this Grant until all required reports are submitted. GENERAL TERMS AND CONDITIONS A. The Grantee will comply with the Technical Assistance Negotiated Grants Program Guidelines for SFY 2012. B. The Grantee will comply with the Rules for Administering the Technical Assistance Negotiated Grant, Texas Administrative Code, Title 13, Part 1, Chapter 2, Subchapter C, Division 2, Rule 2.212 and Title 13, Part 1, Chapter 2, Subchapter C, Division 1, Rtdcs 2. l 10 - 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 .lone 2004, located at: wwvv.governor.stale.tr.resfiles/crate-Zraws/UGAlS002014.(Inc.. Part 1. Cost Principles for State and Local Governments and Other Affected Entities (Adapted from O,b1B Circutar A-h7) Part 11. State Uniform Administrative Requirements for Grants and Cooperative Agreements (Adi111ted From OJIV1B Circulars :1- 102 and A-122) Part 11I. State of Texas Single Audit Circular (Adapted front OMB Circular A-133) D. For grants funded with Federal funds, Grantee will also cornply with the Office of Management and Bud ICt (OMB) Circular A-13 Audits of States, Local Governments, and Non -Profit Organizations (revised 6/2003), located at: rvwwir'lli1ehorr.cc.,i,,oviornb/c,mirfOzranls_circtrlarc.lrinrl. FY 2012 Technical Assistance Negotiated Grant 3 of's TSL,\C E. The Grantee will comply with the INILS' 45 Code of Federal Regulations, Part 1183, Uniform Administrative Requirements for Grants and Cooperative Agreements to States and Local Governments (adapted from O1NIB Circular A-102 ). F. All publicity relating to the grant award must include acknowledgement of the Institute of Museum and Library Scr ires, htl��:./lent°iv.ir3rls.Doti/rceipierrl.c%rckrrouti'Ie3cl enrcrrl..,lrrru, ;rnd the Texas State Library and Archives Commission uhenever 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 proe idc upon rcquca Of Grantor one set of all public relations materials produced under this grant ee ith the final quarterly Performance Tatrgct Rcport. G. Grantee understands that acceptance of funds under this contract acts as acceptance of the authority of the Texas Stale Atrdilor's Officc, or any successor agency, to conduct an audit or investigation in connection with those funds. Grantcc further agrees to cooperate fully with the State Auditor's Office ur its successor in the conduct of the audit or investigation, rncludino pruvidrm, all records requested. Grantee will ensure that this clause concerning the authority to audit funds received indirectly by Sub-grarnees through Grantee, and the requirement to cooperate, is included in any sub -grant awarded. H. The Grantee agrees to maintain al] 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 Tcxas LSTA 5-Year Plan 2008-2012, is submitted on December 31, 2013. The Grantee will maintain their records through December 31, 2016. In the event the Grantee entity no longer exists, the Grantee will notify tine Grantor in writing the name of file legal entity []tat will maintain the records and the location of said records. I. The Grantee agrees to develop or revise, as necessary, any specific written dOCltmentation of its curl-cnt procedures for ( I ) collecting and reporting performance measures; (2) conducting a fixed asset inventory; and or, (3) any olher issues identified ill Grantor's internal audit report of grant activities. Drafts of this procedural documentation +till be submitted to Grantor by dales established mutually between Grantor and Grantee. Grantor will provide review and guidance to enable final versions to be approved on or belort established deadlines. J. This grant may be terminated by written notice and mutual agreement of both parties. The termination notice must be given no less than 30 days prior to tine termination dale. Where notice of termination is given, the Grantee shall: I. Take immediate steps to bring the work or grant activities to a close in a prompt and orderly manner. Grantee will complele reporting requirements outlined in section VII of this document and in a manner mutually agreed upon by both parties as part of the closeout process. 2. Reduce expenses to a nnininlUni and not undertake any forward commitment. All contracted funds that are not spent, encumbered or obligated at the time of notice of termination shall revert back to Grantor according to processes estahlished in section IV of this document and according to a timeline mutually agreed upon by both patrties. In the event the Grantee loses all staff prior to the end of the grant period or the termination date, whichever is earlier. the granice is obligated to fulfill all ternns and conditions of the grant with regard to reporting requirements, retention of records and requirements for disposition of equipment and supplies. Ix. ENFORCEMENT A_ Remedies for noncompliance. If a Grantee or Sub -grantee materially fails to comply with any term of an award, whether slated in a state statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, Grantor may take one (it - 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 ill 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 that are necessary, and not reasonably avoidable, are allowable if: !. The costs resulting from obligations that were properly incurred by the Grantee or Sub -grantee before the effective dale 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. FY 2012 Technical Assistance Negotiated Grant 4 ol'3 TSLAC 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 111, Subpart C, Sec 35) and stale law. X. CONTACTS AT TSLAC Questions or concerns about programmatic issues, hudget and or hroYram revisions and any narrative report.~ should be directed to this graw's Program Administrator: Program Administrator, Technical Assistance !negotiated Grants (TANG) Phone: 512-463-5433 / Fax: 512-936-2306 E-mail: bshirleysii�'tSl.sr,ue.tx.us QucslionS or concerns about re-ulatory or financial issues should he directed to: Manager, Accounting and Grants Department Phone: 512-463-6626 / Fax: 512-475-0155 E-mail: nimartinru1sl.State. tx.us (lucstions or documentation relating to required Requests for Funds, Financial Status Reports, and Fciuipment Reports should be directed to: Grants Accountant Phone: 512-463-5472 / Fax: 512-475-0185 E-mail: grants.accounting(ii 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 he clirecled to: Grants Accountant Accounting and Grants Department Texas State Library and Archives Commission PO Box 12516 Austin, TX 78711-2516 Xl. 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 ["Or any legal disputes arising out of this contract sliall be the law of (and all actions hereunder shall be broug ht in) the State of Texas, and the forum and venue for ,such disputes shall be Travis County, District Court. C. This grant is subject to availability of funds. The Grantor may reduce or terminate this grant contract when the availability of funding is reduced or eliminated. X11. GRANT CERTIFICATIONS A. Grantor certifies that: (1) the services specified in the approved grant application and this contract are necessary and esscnlial 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 §44L006, Texas Administrative Code, Title 13, Part I, Chapter 2, Subchapter C, Division 2, Rule 2.212, Title 13, Part 1, Chapter 2, Subchapter C, Division I, Rule; 2.1 1n - 2.1 19 regarding General Grant Guidelines, and the Library Services and Technology Act (LST2%), and the State Plan for the LSTA in Texas and UGMS. 11 The Grantee affirms that it has not given, offered to give, not, intends to give at any time he['CaftCr, any economic opporlttuily, fuluoe employment, gift, loan, gratuity, Special discount, trip, favor or service to a public servant in connection with this contract. 1Hie Grantee further affirms that its employees or agents shall neither solicit nor accept gratuities, favors or anything of rmonctary value from contractors, potential contractors, Or par1ieS 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 Gi antec, 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 ofany Federal grant, the entering inlo of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal gnini or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid for such ptnfl7ose, 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 docuimentS fir all subawards :it Al tiers (inrlutlin`' 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 (Cet­tiflCalloil) that it is in compliance with reyuircrncnu ofthe Children's Internet Protection Act (CIPA) for any Federal finds 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. E. Grantee certifies by this contract that neither it nor its principals are presently debarred, suspended, proposed for debarimcnt, declared ineligible, or voluntarily excluded from participation in this program by any Federal departntent or agency, as required by Fl 20l? TecIi6eaI Assistance Negotiated Grant 5 oFS 'I'SLAC the regulations implementing Executive Order 12549, Debarment and Suspension, 34 CFR Part 85. Section 85.510, Participam'> responsibilities, 2 CFR Part 180 Subchapter C. I80.335, Where the grantee is unable to cortify 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 n public library, or public elementary or secondary school library that does not currently receit c E-rate services, to purchase computers used to access the Intcrnct or pay tier the direct costs of accessing the Internet, unless the library has certified compliance with the applicable C113A rccµrirerzaents. Should Federal funds awarded as part of this grant be used to purchase computers for a public library, or public olcmentart or sccondsry school library that does not currently receive E-rate services, to be used to access the Internet or pay for the direct cost-,; of accessinL the Internet, Grantee will ensure Certification forms are received firom all libraries receiving benefits of Federal funds expended tinder this contract. G. The Grantee certifies all applicable activities related to this grant will be in compharee with the Copyright Late of the Unitcd States (Title 17, U.S. Code). 1-I. In addition to Federal requirements, state law requires a number of assurances from applicants for Federal pass -through or othcl. state -appropriated funds (UGMS Part Ill, Subpart B, Sce. 14 — State Assurances): I. 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 ofconsonguinity to any menther of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohihinon 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 %all 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, that 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 26 1. 101 that requires repotting 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: (h) 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 Act of 1973, as amended (29 U.S.C. §794), that prohibits discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§6101-6107), that prohibits discriminations on the basis of agc; (e) the Drub Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (t) 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 abase 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 ofalcohol and drug abuse patient records; (h) Title Vlll of the Civil Rights Act of 1968 (42 U.S.C. §3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) that may apply to the application. 6. Subgrantees will comply, as applicable, with 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 subagreenents. 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 in whole or in part with Federal funds. S. 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 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 Actit itics 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), that prohibits smiokinu, within any portion of any indoor facility used for the provision of services for children as defined by the Act. FY 2012 Technical Assistance Negotiated Grant 6 of8 TSLAC 12. Subgrantees will comply with all Federal tax laws and are solely responsible for filing all required stag and Federal tax Corms. 13. Subgrantees will comply with all applicable requiremenlS oCaIl other Federal and state laws, executive orders, N"LlIations and policies goveming this program. 14. Subgrantees must adopt and implement applicable provisions of the model l- IWAIDS xork place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code. Ann., Sec. 8�.001, et scq. FY 2012 rtxiinical Assistance Negotiated Grant 7ofS TSLAC SIGNATURES GRANTOR Texas State Library and Archives Commission 47(l1 Edward Seidenberg. Assistant State Libr tan ra-6-7-11 Date Y-610� Vincent Houston, Chief Fiscal Officer 8119/2011 Date Deborah Littrell, Library Development and Networking Director 8/19/201 I Date Beverley Shirley, Program Administrator 811812011 Date GRANTEE City of Lubbock, West Texas Library System �r Signature (must e an official empowered to enter into contracts) Typewritten or Printed Name Tom Martin, Mayor Title September 27, 2011 Date AT ST: Rebecca Garza, i e re APPRO V PD AS TO iONTENT: 9J, Clausen, Library Director APP 7 D AS T FORM: Chad Weaver, Assistant City Attorney FY 2012 Technical Assistance Negotiated Grant S of s TSLAC