HomeMy WebLinkAboutResolution - 2006-R0469 - Library System Operation Grant Agreement - Texas State Library - 09/28/2006Resolution No. 2006-RO469
September 28, 2006
Item No. 6.6
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, a Library System Operation 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
ATTEST:
a s
Retie ca Garza, City Secretary
APPROVED AS TO CONTENT:
- Qlx-cl -
J e Clausen, Library Director
APPROVED AS TO FORM:
. 6bn M. Knight
Assistant City Attorney
gs/cityatt/John/Library system Operation Grant Agrmt.res
09/14/06
day of September , 2006.
DAVID A. MILLER, MAYOR
Resolution No. 2006-RO469
September 28, 2006
Item No. 6.6
TEXAS STATE LIBRARY & ARCHIVES COMMISSION
LIBRARY SYSTEM OPERATION GRANT
Grant Number: 470-07009
I. CONTRACTING PARTIES
Grantor: Texas State Library and Archives Commission (TSLAC)
Grantee: City of Lubbock, Lubbock City -County Library
1306 Ninth 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 support and encourage the active and successful participation by libraries in services offered by the System and
the Grantor. The Grantee will comply during the period of this contract and provide services as outlined within the grant application
(System Plan of Service for State FY07) as approved by the Grantor. The approved Plan of Services submitted by Grantee becomes part of
this contract by this reference.
IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS
A. The total amount of the grant shall not exceed: $368,642
B. Source of funds:
Federal Funds. CFDA # 45.310
Institute of Museum and Library Services, State Library Program (IMLS)
Federal Fiscal Year 2006
General Revenue
State Fiscal Year 2007
Of the total amount awarded for all System Operation Grants, 80 % is from Federal L.S.T.A. funds (Systems Act P.L. 108-81)
and 20% is from State General Revenue. An individual Grantee's disbursement may vary.
C. The Grantee must request payments from Grantor on the TSLAC Form, Request for Funds (RFF). 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 providing 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 15th of the previous month. Should 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 obligate 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 m��ep13}e� j�ction 9 of the TSLAC
FSR form. tt �C,, �� ��/ t
OCT 1
ACCOUNTING
FY 2007 System Operations Grant 1 of 7 TSLAC
Per the approved grant application, funds are authorized according to the following budget:
Personnel
$124,598
Fringe Benefits
$41,070
Travel
$13,900
Equipment/Property
$1,500
Supplies
$112,826
Contractual
$38,717
Other
$5,500
Total Direct Costs
$338,111
Indirect Costs
$30,531
Total
$368,642
V. WRITTEN REQUEST FOR FISCAL AND PROGRAMMATIC CHANGES
The Grantee must request written prior approval for fiscal and/or programmatic changes as outlined in this Section. Grantee must submit
request for program and/or fiscal changes on the System 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 annroval from Grantor before obligating or expending grant funds
under any of the following conditions.
A. Fiscal changes must have written 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 application (System Plan of Service) 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,
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.
3. Changing key persons specified in the grant; System Coordinators (or Executive Directors) are considered key personnel for
the purpose of this section.
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. EEguinment/Property
Microcomputer & Components $1,500
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.
FY 2007 System Operations Grant 2 of 7 TSLAC
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 Plan of Service. Therefore, the Grantee is responsible for submitting periodic reports that
reflect the Grantee's level of performance on these services to the Grantor. To comply with these requirements, the Grantee agrees to
submit reports that are timely, accurate, auditable, and consistent with definitions.
A. The Grantee agrees to submit a 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
B. 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.
Reporting Period 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
Grantee will provide prompt and detailed financial reports as requested, in addition to the scheduled Financial Status
Reports
If necessary, a revised Final FSR must be submitted no later than October 31, 2007.
C. 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.
D. The Grantee will submit the required Workshop Reporting Forms to the Grantor for the period of September 1, 2006 to August
31, 2007. Workshop Reporting Forms should be submitted following each workshop, with all forms submitted no later than
September 30, 2007.
E. The Grantee agrees to submit the required Narrative Report to the Grantor twice during the grant period. The first is due no later
than March 31, 2007, and the final report is due no later than September 30, 2007.
F. Grantee agrees to participate in Outcome Based Evaluation (OBE), as determined by Grantor, for the grant period of September
1, 2006 to August 31, 2007. Grantee will submit OBE report to Grantor no later than September 30, 2007
FY 2007 System Operations Grant 3 of 7 TSLAC
VIII. GENERAL TERMS AND CONDITIONS
A. The Grantee will comply with the System Plan of Service Program Guidelines for SFY 2007.
B. The Grantee will comply with the Rules for Administering the Library Systems Act, Texas Administrative Code, Chapter 1, Rules
1.91-1.97. Rule 1.97 (a) will not be applicable during the term of this grant.
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.usldivisionslstatekrantsleuidelines/files/UGMS062004.doc.
Part L Cost Principles for State and Local Governments and Other Affected Entities (Adapted from OMB Circular A-87)
Part 11. 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 6/97), located at:
www.whitehouse.,eovlomblgrantsl rants circulars.html
E. The Grantee will comply with the IMLS' 45 Code of Federal Regulations, Part 1183, Uniform Administrative Requirements for
Grants and Cooperative Agreements to States and Local 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 and Texas
State Library and Archives Commission whenever possible and practical. Publicity includes, but is not limited to press releases,
media events, public events, displays in the benefiting library, announcements on the Grantee's website, and materials distributed
through the 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.
IX. ENFORCEMENT
A. Remedies for noncompliance. If a Grantee or Sub -grantee materially fails to comply with any term of an award, whether stated
in a state statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, Grantor may take one
or more of the following actions, or impose other sanctions, as appropriate in the circumstances:
1. Temporarily withhold cash payments pending correction of the deficiency by 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 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:
FY 2007 System Operations Grant 4 of 7 TSLAC
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.
X. CONTACTS AT TSLAC
Questions or concerns about programmatic issues, budget and or program revisions and any narrative reports should be directed to this
grant's Project Manager:
Library Systems Administrator
Phone: 512-936-2236 / Fax: 512-463-8800
E-mail: mailto:ciowaisas@tsl.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 or questions relating to required Requests for Funds. Financial Status Reports. and Equipment/PropertyAc_gaired
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
XI. APPLICABLE AND GOVERNING LAW
A. The laws of the State of Texas shall govern this grant. All duties of either party shall be legally performable in Texas. The
applicable law for any legal disputes arising out of this contract shall be the law of (and all actions hereunder shall be brought
in) the State of Texas, and the forum and venue for such disputes shall be Travis County, District Court.
B. This grant is subject to availability of funds.
XII. GRANT CERTIFICATIONS
A. Grantor certifies that: (1) the services specified in the approved grant application and this contract are necessary and essential for
activities that are properly within the statutory functions and programs of the affected organizations; (2) the services, supplies or
materials contracted for are not required by Section 21 of Article 16 of 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
XM, §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-LLL, Disclosure of Lobbying Activities, in accordance with its instructions.
FY 2007 System Operations Grant 5 of 7 TSLAC
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.
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 lII, 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 26 1. 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 VIH 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 constriction 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.
FY 2007 System Operations Grant 6 of 7 TSLAC
(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 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 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 GRANTEE
Texas State Library and rchives Commission City of Lubbock, L#bbock City -County J Library
01
Edward Seidenberg, Assistailt State Librari Sienature (Must e an official emvowered to enter into contracts.
4 I A , A / David A. Miller, Mayor
Date
Marilyn Martin, Interim hief Fiscal Officer Title
9 - ,-21- 66
Date
Deborah Littrell, Library Development Director
Date
Chris Jowaisas ,ItontracAL46nager
Date
ATTEST:
A2
Rebeca Garza, City Secretary
APPROVED AS TO FORM:
n M.�ight,�ssista�,ty�tty
FY 2007 System Operations Grant 7 of 7 TSLAC
.: WIF
NOR
CONTRACTS, GRAVY`$, L►[ AN10�V AtaREEiANiS,;
(Required for grants exceeding $160 QOQJ
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the making of any Federal grant, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
grant or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal grant or cooperative agreement, the undersigned shall complete and
submit Standard Form -LLL, 'Disclosure Form to Report Lobbying,' in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subgrants, contracts under grants and
cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed by the Texas State
Library when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
Organization Name
Name and Title of Aut
re
(Z,el— P-/,;L,54
Date
6
34 CFR 82.110 TSL 9304 FY991Grants\ForrnMertification Regarding Lobbying.doc
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 34 CFR Part 85, Section 85.510, Participant's responsibilities. The regulations were published as
Part VII of the May 26, 1988 Federal Register (pages 19160-12911). Copies of the regulations may be obtained
by contacting the person to which this proposal is submitted.
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Applicant
Name and Title of Authorized certifying Official
Signature
Date
Instructions for Certification
By signing and submitting this proposal, the prospective lower tier participant is providing the certification set
out below.
The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal Government, the
department or agency with which this transaction originated may pursue available remedies, including
suspension and/or debarment.
The prospective lower tier participant shall provide immediate written notice to the person to which this proposal
is submitted, if at any time, the prospective lower tier participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction,"
"participant" "person," "primary covered transaction," "principal," "proposal," . and "voluntarily excluded," as
used in this clause, have the meanings set out in the Definitions and coverage sections of rules implementing
Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in
obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who
is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause
title "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion --Lower Tier
Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for
lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant may, but is not required to,
check the Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is
not required to exceed that which is normally possessed by a prudent person in the ordinary course of business
dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to
the Federal Government, the department or agency with which this transaction originated may pursue available
remedies, including suspension and/or debarment.
FY991GrantsTormslCertification Regarding Debarment.doc
OMB Approval No. 0348-0040
ASSURANCES - NON -CONSTRUCTION PROGRAMS
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET.
SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such
is the case, you will be notified.
As the duly authorized representative of the applicant, 1 certify that the applicant:
1. Has the legal authority to apply for Federal assistance
and the institutional, managerial and financial capability
(including funds sufficient to pay the non -Federal share
of project cost) to ensure proper planning, management
and completion of the project described in this
application.
2. Will give the awarding agency, the Comptroller General
of the United States and, if appropriate, the State,
through any authorized representative, access to and
the right to examine all records, books, papers, or
documents related to the award; and will establish a
proper accounting system in accordance with generally
accepted accounting standards or agency directives.
3. Will establish safeguards to prohibit employees from
using their positions for a purpose that constitutes or
presents the appearance of personal or organizational
conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable
time frame after receipt of approval of the awarding
agency.
5. Will comply with the Intergovernmental Personnel Act of 7.
1970 (42 U.S.C. §§4728-4763) relating to prescribed
standards for merit systems for programs funded under
one of the 19 statutes or regulations specified in
Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
which prohibits discrimination on the basis of race, color
or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§1681-
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; (d)
the Age Discrimination Act of 1975, 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
AM of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) §§523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee
3), as amended, relating to confidentiality of alcohol
and drug abuse patient records; (h) Title Vill 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.
Will comply, or has already complied, with the
requirements of Titles II and III of the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (P.L. 91-646) which provide for
fair and equitable treatment of persons displaced or
whose property is acquired as a result of Federal or
federally -assisted programs. These requirements apply
to all interests in real property acquired for project
purposes regardless of Federal participation in
purchases.
8. Will comply, as applicable, with provisions of the
Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328)
which limit the political activities of employees whose
principal employment activities are funded in whole or
in part with Federal funds.
Previous Edition Usable Standard Form 424E (Rev. 7-97)
Authorized for Local Reproduction Prescribed by OMB Circular A-102
9. 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.
10. Will comply, if applicable, with flood insurance purchase
requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (P.L. 93-234) which requires
recipients in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more.
11. Will comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and
Executive Order (EO) 11514; (b) notification of violating
facilities pursuant to EO 11738; (c) protection of wetlands
pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of
project consistency with the approved State management
program developed under the Coastal Zone Management
Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of
Federal actions to State (Clean Air) Implementation Plans
under Section 176(c) of the Clean Air Act of 1955, as
amended (42 U.S.C. §§7401 et seq.); (g) protection of
underground sources of drinking water under the Safe
Drinking Water Act of 1974, as amended (P.L. 93-523);
and, (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.L. 93-
205).
OF AUTHORIZED CERTIFYING OFFICIAL
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ORGANIZATION
12. Will comply with the Wild and Scenic Rivers Act of
1968 (16 U.S.C. §§1271 et seq.) related to protecting
components or potential components of the national
wild and scenic rivers system.
13. 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.).
14. Will comply with P.L. 93-348 regarding the protection of
human subjects involved in research, development, and
related activities supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of
1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et
seq.) pertaining to the care, handling, and treatment of
warm blooded animals held for research, teaching, or
other activities supported by this award of assistance.
16. Will comply with the Lead -Based Paint Poisoning
Prevention Act (42 U.S.C. §§4801 et seq.) which
prohibits the use of lead -based paint in construction or
rehabilitation of residence structures.
17. Will cause to be performed the required financial and
compliance audits in accordance with the Single Audit
Act Amendments of 1996 and OMB Circular No. A-133,
"Audits of States, Local Governments, and Non -Profit
Organizations."
18, Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations, and policies
governing this program.
TITLE
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DATE SUBMITTED
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Standard Form 424E (Rev. 7-97) Back