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HomeMy WebLinkAboutResolution - 2010-R0452 - Technical Assistance Negotiated Grant Agreement Btwn City And TSLAC - 09_27_2010Resolution No. 2010-RO452 September 27, 2010 Item No. 5.1.3 RESOLUTION BE 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. Passed by the City Council on September 27, 2010 TOM 14ARTW, MAYOR ATTEST: Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: Janibausen, Library Director APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Library-Technical Assistance Agrmt September 7, 2010 TEXAS STATE LIBRARY & ARCHIVES COMMISSION TECHNICAL ASSISTANCE NEGOTIATED GRANT Grant Number: 476-11026 1. CONTRACTING PARTIES Grantor: Texas State Library and Archives Commission (TSLAC) Grantee: City of Lubbock, West Texas Library System 1306 Ninth St. Lubbock, Texas 79401 11. TERM OF GRANT September 1, 2010 to August 31, 2011 (SFY 2011) 111. STATEMENT OF SERVICES TO BE PERFORMED Grant -funded activities shall provide services as outlined in the approved grant application. Grant funds must be used to meet TSLAC and Federal goals. The Grantee must report information relating to best practices and performance outcomes. The Grantee will comply during the period of this contract and provide services as outlined within the approved grant application (Technical Assistance Negotiated Grant [TANG] for State FYI 1) as approved by the Grantor. The approved grant application submitted by Grantee becomes part of this contract by this reference. IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS RECEIVED A. The total amount of the grant shall not exceed: $107,999 B. Source of funds: OCT 0 1 2010 Federal Funds. CFDA # 45.310 Institute of Museum and Library Services, State Library Program (IMLS) ACCOUNTING Federal Fiscal Year 2010 C. The Grantee must request payments from Grantor using the TSLAC Request for Funds Form (RFF) via the electronic TSLAC Grant Management System (GMS), located at https://gms.tsl.state.tx.us/. Requests may be submitted to Grantor no more often than once per month, and no less often than once per quarter. Funds will be paid to the Grantee provided Grantor has received a fully executed contract and Grantee has fulfilled all reporting requirements for current and preceding contracts. D. The Grantee is restricted to one of two methods for requesting funds from Grantor. The Grantee may request reimbursement of actual 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 RFF Form is received by Grantor no later than the 141' day 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, 2011. Grantor must receive final request for reimbursement no later than October 15, 2011. F. The Grantee may not oblisate or encumber grant funds after August 31, 2011. All obligations and encumbrances must be liquidated or paid no later than October 15, 2011. G. Interest earned in excess of $100 must be returned to Grantor, per requirements in the State of Texas Uniform Grant Management Standards (UGMS). All unexpended grant funds must be returned to Grantor with the Final Financial Status Report (FSR) per requirements in the Federal Grants Management Handbook. See Section Vll. B. of this contract for FSR due dates. As part of the Section Vll reporting requirements, the Grantee will regularly notify the Grantor of the amount of projected unexpended funds. The Grantor reserves the right to act as necessary to reduce these unexpended balances, including reducing the amount of specified in Section 1V. A. of this contract. 11. 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 the remarks section of the TSLAC FSR form accessed through the Grants Management System (GMS) at https://wns.tsl.state.tx.us. Expending any earned program income earned through the utilization of resources funded by this grant requires written prior approval from TSLAC staff. FY 2011 Technical Assistance Negotiated Grant I of 7 TSLAC Per the approved grant application, funds are authorized according to the following budget: Personnel $69.400 Fringe Benefits $25.994 Contractual $0 Supplies $300 Travel $3.360 Equipment $0 Other $0 Total $99.054 Indirect Costs $8,945 Total $107,999 V. REQUEST FOR FISCAL AND PROGRAMMATIC CHANGES The Grantee must request a Budget and/or Program Revision for fiscal and/or programmatic changes as outlined in this Section. Grantee must submit request for Budget and/or Program Revision electronically on the TSLAC GMS (https:Hgms.tsl.state.tx.us/). Under no condition may a Grantee request to exceed the total grant amount. Grantor must receive all change requests on or before July 31, 2011. Requests received after this date will be considered on a case -by -case basis. Grantee must submit a Budget and/or Program Revision 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 ($0); and/or, 3. Expending any earned program income earned through the utilization of resources funded by this grant; and/or, 4. Changing the items listed in the approved budget categories if an item's cost or features are substantially different from what the approved grant application specifies, or from a previously approved fiscal or program revision. B. Programmatic changes to the approved grant application must have a Program Revision 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; and/or, 3. Changing key persons specified in the grant; System Coordinators (or Executive Directors) are considered key personnel for the purpose of this section. VI. EQUIPMENT AND PROPERTY REQUIREMENTS A. if conditions described in Section V. A. 1 are met, fiscal changes to items listed in the Equipment/Property Budget category specified in Section 1V. 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 any modifications, attachments, accessories, or auxiliary apparatus necessary to make the item usable for the purpose for which it is acquired. Ancillary charges, such as taxes, duty, protective in -transit insurance, freight, and installation may be included in, or excluded from the expenditure cost in accordance with the Grantee's regular accounting practices and Generally Accepted Accounting Practices (GAAP). B. The Grantee will comply with UGMS Part III, Subpart C, Sec. 32 (d)(3) requiring certain items of equipment to be maintained on inventory if the item's cost is between $500 and $1000. C. The Grantee agrees to submit the TSLAC Equipment Report electronically via the TSLAC GMS with the Final FSR, but no later than October 31, 2011, for all equipment/property purchased with grant funds during the SFY1 1 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 111, 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 Ill, 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 111, Subpart C, Sec. 32 (e). When the Grantee has been given Federally- or state-owned equipment/property, Grantee will follow the UGMS Part 111, Subpart C, Sec. 32 (f). FY 2011 Technical Assistance Negotiated Grant 2 of 7 TSLAC VII. REPORTING REQUIREMENTS The State Legislature has charged the Grantor with submitting performance measurement reports that specify the level of services provided by its programs and services. In accepting these grant funds, the Grantee acknowledges responsibility for performing certain services on behalf of the Grantor, as outlined in the approved grant application. Therefore, the Grantee is responsible for submitting periodic reports that reflect the Grantee's level of performance on these services to the Grantor. To comply with these requirements, the Grantee agrees to submit reports that are timely, accurate, auditable, and consistent with definitions. A. The Grantee agrees to submit a quarterly report on all activities relating to the program to the Grantor through the TSLAC GM S on or before due dates listed in the following schedule: Reaortine Period Due Date September 1, 2010 - November 30, 2010 December 7, 2010 December 1, 2010 - February 28, 2011 March 7, 2011 March 1, 2011 - May 31, 2011 June 7, 2011 June 1, 2011 -August 31, 2011 September 7, 2011 B. The Grantee agrees to submit electronically the TSLAC Financial Status Report Form, located on the TSLAC GMS, for the grant funded under this contract no later than the due dates listed in the following schedule. Grantee should submit a Final FSR once all grant funds have been expended and all program requirements are accomplished. Grantee should mark the last required FSR as "Final" and not submit any subsequent FSR forms. Resorting Period Due Date September 1, 2010 - November 30, 2010 December 31, 2010 December 1, 2010 - February 28, 2011 March 31, 2011 March 1, 2011 - May 31, 2011 June 30, 2011 June 1, 2011 - August 31, 2011 September 30, 2011 If necessary, a revised Final FSR must be submitted no later than October 31, 2011. Note: Grantee must contact the Grants Accountant listed in Section X of this contract in order to submit a revised FSR. C. Grantee will provide prompt and detailed financial reports if requested, in addition to the scheduled Financial Status Reports. Note: Additional reports will be supplied by the grantee within 5 business days of request by Grantor. D. The Grantee will send the Grantor a copy of all management letters issued by an auditor with the reporting package. As specified in UGMS Part IV, Subpart B, Sec. 235(c), the audit shall be completed and submitted within the earlier of 30 days after receipt of the auditor's report(s), or nine months after the end of the audit period, unless a longer period is agreed to in advance by the state agency that provided the funding or a different period is specified in a program -specific audit guide. The audit's Schedule of Expenditures of Federal and State Awards must list the amount of TSLAC awards expended for each award year separately. E. The Grantee will submit the required Workshop Reporting Forms to the Grantor for the period September 1, 2010 to August 31, 2011. Workshop Reporting Forms should be submitted following each workshop, with all forms submitted no later than September 30, 2011. F. The Grantee agrees to submit an annual LSTA Project Report Form no later than September 30, 2011 unless grantor grants an extension. G. Grantee agrees to participate in Outcome Based Evaluation (OBE), as determined by Grantor, for the grant period September 1, 2010 to August 31, 2011. Grantee will submit OBE report to Grantor no later than September 30, 2011 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, 2011. VIII. GENERAL TERMS AND CONDITIONS A. The Grantee will comply with the Technical Assistance Negotiated Grants Program Guidelines for SFY 2011. 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, Rules 2.110 - 2.119 regarding General Grant Guidelines. C. The Grantee will comply with the following parts of the Governor's Office of Budget and Planning, UGMS revised June 2004, located at: www.Qovernor.state.1mus. files s1a1e-2ran1s UGMS062004.doc. Part 1. 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 111. State of Texas Single Audit Circular (Adapted from OMB Circular A-133) D. For grants funded with Federal funds, Grantee will also comply with the Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations (revised 6/2003), located at: ivww.whitehouse.Qov'omb Qrants'grants circulars. hind. FY 2011 Technical Assistance Negotiated Grant 3 af7 TSLAC E. The Grantee will comply with the IMLS' 45 Code of Federal Regulations, Part 1183, Uniform Administrative Requirements for Grants and Cooperative Agreements to States and Local Governments (adapted from OMB Circular A-102). F. All publicity relating to the grant award must include acknowledgement of the Institute of Museum and Library Services, http:. wlviv.im/s.gov recipients acknowledgement shim , and the Texas State Library and Archives Commission whenever possible and practical. Publicity includes, but is not limited to press releases, media events, public events, displays in the benefiting library, announcements on the Grantee's website, and materials distributed through the grant project. The Grantee will provide upon request of Grantor one set of all public relations materials produced under this grant with the final quarterly Performance Target Report. G. Grantee understands that acceptance of funds under this contract acts as acceptance of the authority of the Texas State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Grantee further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Grantee will ensure that this clause concerning the authority to audit funds received indirectly by Sub -grantees through Grantee, and the requirement to cooperate, is included in any sub -grant awarded. H. The Grantee agrees to maintain all financial and programmatic records, supporting documents, statistical records, and other records relating to this grant award for three years after the last State Program Report for the Texas LSTA 5-Year Plan 2008-2012, is submitted on December 31, 2013. The Grantee will maintain their records through December 31, 2016. 1. 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 that are necessary, and not reasonably avoidable, are allowable if. 1. The costs resulting from obligations that were properly incurred by the Grantee or Sub -grantee before the effective date of suspension or termination are not in anticipation of it and, in the case of a termination, are noncancelable; and, 2. The costs would be allowable if the award were not suspended, or expired normally at the end of the funding period in which the termination takes effect. D. Relationship to Debanment 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 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 Program Administrator: Program Administrator, Technical Assistance Negotiated Grants (TANG) Phone: 512-936-2236 / Fax: 512-463-8800 E-mail: ciowaisas naol.state.mus 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 cr tsl.state.tx.us FY 2011 Technical Assistance Negotiated Grant 4 of TSLAC Questions or documentation relating to required Requests for Funds, Financial Status Reports. and Equipment Reports should be directed to: Grants Accountant Phone: 512-463-5472 / Fax: 512-475-0185 E-mail: grants.accounting ccr 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 13, Part 1, Chapter 2, Subchapter C, Division 2, Rule 2.212, Title 13, Part 1, Chapter 2, Subchapter C, Division 1, Rules 2.110 — 2.119 regarding General Grant Guidelines, and the Library Services and Technology Act (LSTA), and the State Plan for the LSTA in Texas and UGMS. B. The Grantee affirms that it has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract. The Grantee further affirms that its employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to any sub -agreements. C. The Grantee certifies by this contract that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid for such purpose, the Grantee shall complete and submit OMB form SF-LLL, Disclosure of Lobbying Activities, in accordance with its instructions. The Grantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly, as specified in Title 31 U.S. 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. E. Grantee certifies by this contract that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this program by any Federal department or agency, as required by the regulations implementing Executive Order 12549, Debarment and Suspension, 34 CFR Part 85, Section 85.510, Participant's responsibilities, 2 CFR Part 180 Subchapter C. 180.335. Where the grantee is unable to certify to any of the statements in this certification, the grantee shall attach an explanation to this contract. F. The Grantee certifies that no Federal funds from this grant award will be made available for a public library, or public elementary or secondary school library that does not currently receive E-rate services, to purchase computers used to access the Internet or pay 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. G. The Grantee certifies all applicable activities related to this grant will be in compliance with the Copyright Law of the United States (Title 17, U.S. Code). H. In addition to Federal requirements, state law requires a number of assurances from applicants for Federal pass -through or other state -appropriated funds (UGMS Part Ill, Subpart B, Sec. 14 — State Assurances): FY 2011 Technical Assistance Negotiated Grant 5 of7 TSLAC 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, 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 261.101 that requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Subgrantees shall also ensure that all program personnel are properly trained and aware of this requirement. 5. Subgrantees will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title V1 of the Civil Rights Act of 1964 (P.L. 88-352) that prohibits discrimination on the basis of race, color or national origin; (b) Title 1X 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 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 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 6) 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 subagreements. 7. Subgrantees will comply with the provisions of the Hatch Political Activity Act (5 U.S.C. §7321-29) that limit the political activity of employees whose principal employment activities are funded 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 that shall be utilized in the accomplishment of the project are not listed on the Environmental Protections Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used 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 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. 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. FY 2011 Technical Assistance Negotiated Grant 6 of7 TSLAC SIGNATURES GRANTOR GRANTEE Texas State Library cand r Archives Commission City of Lubbock, West Texas Library System , Edward Seidenberg, Assistant State Libr ian Signature (must be an official empowered to enter into contracts) !D -4 ?-'0 Date IVY' Vincent Houston, Chief Fiscal Officer Tom Martin, Mayor Typewritten or Printed Name Title August 12'h. 2010 _ Date Date Deborah Littrell, Library Development Director August 151h. 2010 Date Christopher Jowais Program ger August 121h. 2010 Date September 27, 2010 ATTEST: Reb cca Garza, City Secretary APPROVED AS/TO CONTENT: Jane .iausen. Library Director AP G` Chad Weaver, Assistant City Attorney FY 2011 Technical Assistance Negotiated Grant 7 of TSLAC - and Archives August 17, 2010 Commi Sion Nancy Hill Lorenzo de Zavala West Texas Library System State Archives and Lubbock City -County Library Library Building 1306 Ninth Street Lubbock, Texas 79401-2708 P.O. Box 12927 Dear Ms. Hill: Austin, Texas 78711-2927 Attached is a copy of the contract for grant 476-11026 for the Technical Assistance Negotiated Grant program from the Texas State Library and Archives Commission (TSLAC). 1201 Brazos Street Austin, Texas Please return two copies of the contract with original signatures, at your earliest 78701 convenience to: Grants Accountant Accounting and Grants Department Texas State Library and Archives Commission P.O. Box 12516 www.ts1.state.tx.us Austin, Texas 78711-2516 One original will be returned for your files once the contracts have been fully executed by TSLAC Staff, Some Systems have selected the advance payment option in the past. Commission Chairman Please read Section IV., paragraph D., closely regarding advance payments. Sandra J. Pickett Systems must notify TSLAC in writing within seven days of the employment or resignation of professional staff paid wholly or in part with funds from this grant. Mrmben Sharon T. Carr Financial requests and reports and performance reports will be completed through the Martha Dory Freeman TSLAC Grants Management System (GMS) available at https://gms.tsl.state.tx.us. Larry G. Holt Wm. Scott McAfee Please let me know if you have any questions relating to the grant program. I wish you Sally Reynolds great success in implementing the grant. Michael C. Waters Sincerely, Director and Librarian , Peggy D. Rudd at4 Assistant State Librarian Chris Jowaisas Edward Seidenberg Administrator, Library Systems Grant Library Development Division 512-936-2236 - cjowaisas@tsl.state.tx.us Making information work for all Texans