Loading...
HomeMy WebLinkAboutResolution - 2003-R0372 - Library System Operation Grant Agreement With Texas State Library - 09_18_2003 (2)Resolution No. 2003-RO372 September 18, 2003 Item No. 17 RESOLUTION 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 one (1) Library System Operation Grant Agreement, one (1) Technical Assistance Negotiated Grant Agreement and one (1) Interlibrary Loan Center Grant by and between the City of Lubbock and Texas State Library and Archives Commission, and all related documents. Said Agreements 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 18th day of September 9 , 2 MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: ", ': / I I //,/, & 6 - -. e� . 4'i e Clausen, Library Director APPROVED AS TO FORM: M. Knight, Assistant Citq'Attorney gs:/ccdocs&cityatt/John/res/LibraryGrants-2004 September 4, 2003 I t Resolut on`No. 2003—RO372 September 18, 2003 Item No. 17 TEXAS STATE LIBRARY & ARCHIVES COMMISSION LIBRARY SYSTEM OPERATION GRANT Grant # 470-04009 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 II. TERM OF GRANT September 1, 2003, to August 31, 2004 III. GRANTOR CERTIFICATION The Grantor certifies that (1) the services specified below 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, General Powers and Duties; Texas Government Code § 441.135 Grants (Systems Act); P.L. 104-208, the Library Services and Technology Act (LSTA); the State Plan for the LSTA in Texas; and, the Uniform Grant Management Standards (UGMS). IV. GRANT AMOUNTS A. The total amount of the grant shall not exceed: $344,067 B. Source of funds: CFDA # 45.310 Institute of Museum and Library Services, State Library Program Federal Fiscal Year 2003 Carryover General Revenue State Fiscal Year 2004 Page 1 of 9 Fiscal Year 2004 Library System Operation Grant SYSTEM: West Texas Library System Attachment B Budget Information Form 2004 EXPENSE Networked Older Resource Tech CATEGORY Admin Auto CD Cons CE LIT Resources Adults Sharing Support TOTAL Personnel $47,961 $0 $739 $42,629 $14,879 $0 $5,954 $0 $0 $0 $112,162 Fringe Benefits $11,489 $0 $241 $13,661 $4,821 $0 $1,771 $0 $0 $0 $31,983 Travel $5,500 $0 $0 $4,000 $400 $0 $3,300 $0 $0 $0 $13,200 Equipment $1,500 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,500 Supplies $3,100 $0 $96,309 $800 $175 $0 $700 $0 $0 $0 $101,084 Contractual $8,136 $0 $39,306 $0 $3,000 $0 $0 $0 $0 $0 $50,442 Other $5,200 $0 $0 $0 $0 $0 $0 $0 $0 $0 $5,200 TOTAL DIRECT CHARGES $82,886 $0 $136,595 $61,090 $23,275 $0 $11,725 $0 $0 $0 $315,571 Indirect Charges $7,485 $0 $12,334 $5,516 $2,102 $0 $1,059 $0 $0 $0 $28,496 TOTALS $90,371 $0 $148,929 $66,606 $25,377 $0 $12,784 $0 $0 $0 $344,067 Note: Amounts should be rounded to the nearest dollar. Indirect is 9.03% of direct cost. Page 2of9 TSLAC's accounting coding: Index Code 24702, Object Code 7611 Index Code 24701, Object Code 7611 Of the total amount awarded for all System Operation Grants, 80.61% is from Federal L.S.T.A. funds (P.L. 104-208) and 19.39% is from State General Revenue. An individual Grantee's disbursement may vary. V. WRITTEN PRIOR APPROVALS FOR FISCAL AND PROGRAMMATIC CHANGES A. The Grantor must give written prior approval for any of the following fiscal changes: 1. Making cumulative transfers among budget cost categories or projects which are expected to exceed ten (10) percent of the total grant. 2. Transferring any funds into a budget cost category that currently equals zero ($0). Written prior approval is to be requested on the Prior Approval Request form when nearing the 10% limit, or within 30 days of the end of the grant term. This provision does not allow the total grant amount to be exceeded. All prior approvals must be received by Grantor by August 2, 2004. Approvals received after this date will be considered on a case -by -case basis. B. The Grantor must give written prior approval for any of the following programmatic changes to the application (System Plan of Service): 1. Obtaining the services of a third party to perform activities which are central to the purposes of the grant. 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. Written prior approval is to be requested on the Prior Approval Request form. All prior approvals must be received by Grantor by August 2, 2004. Approvals received after this date will be considered on a case -by -case basis. C. The Grantor hereby gives approval for the items listed under the cost categories outlined below, if any. Before the Grantee obligates or expends grant funds for additional items in the following cost categories, the Grantor must give written prior approval. Written prior approval is to be requested on the Prior Approval Request form. Written prior approval is also required if an item's cost or features are substantially different from what the grant specifies or from a previous Prior Approval Request. All prior approvals must be received by Grantor by August 2, 2004. Approvals received after this date will be considered on a case -by -case basis. COST CATEGORIES 1. Preaward Costs None 2. Insurance (if not required by the grant) None Page 3 of 9 Fiscal Year 2004 Library System Operation Grant 3. Rearrangements and Alterations of Facilities None 4. Equipment/Property 1 Microcomputer and Accessaries $1,500 Subject to the obligations and conditions set forth in the Uniform Grant Management Standards (UGMS) Section III, Subpart C.32 (a), title to equipment acquired under a grant will vest upon acquisition in the Grantee. The Grantee must include any Equipment/Property acquired with grant funds in the required bi-annual property inventory, and follow UGMS guidelines for property disposal. Equipment/Property is hereby defined as an article of nonexpendable, tangible personal property having a useful life of more than one year and an acquisition cost that equals or exceeds the capitalization amount established by Grantee's governing entity. Grantee must furnish a statement to Grantor certifying the governing entity's capitalization level with a Prior Approval Request Form. This category includes equipment, furniture, library materials, etc. purchased wholly or in part with grant funds. The prior approval amount is the total capital expenditure amount, which 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, capital expenditure cost in accordance with the Grantee's regular accounting practices. VI. STATEMENT OF SERVICES TO BE PERFORMED The Grantee will comply during the period of this contract and provide services outlined within the application (System Plan of Service for State FY04) as approved by the Grantor. System activities shall support and encourage the active and successful participation by libraries in services offered by the System and the Grantor. VII. TERMS AND CONDITIONS A. The Grantee will comply with the System Plan of Service Program Guidelines for SFY 2004. B. The Grantee will comply with the Rules for Administering the Library Systems Act. Note that Rule 1.97 (a) will not be applicable during the term of this grant. C. The Grantee will comply with the following three parts of the Governor's Office of Budget and Planning, Uniform Grant Management Standards (UGMS), revised January 2001, located at http://www.govemor. state. tx. us/divisions/stategrants/guidelines/files/UGMS012001.doc. 1. Cost Principles for State and Local Governments and Other Affected Entities (adapted from OMB Circular A-87) 2. State Uniform Administrative Requirements for Grants and Cooperative Agreements (adapted from OMB Circular A-102) 3. State of Texas Single Audit Circular (adapted from OMB Circular A-133) Page 4 of 9 Fiscal Year 2004 Library System Operation For grants funded with state funds, the Grantee will comply with the third part of UGMS, the State of Texas Single Audit Circular. For grants funded with federal funds, the Grantee will 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 http://www. whitehouse. govlomb/grants/grants—circulars. html. D. The Grantee will comply with the Institute of Museum and Library Services' 45 Code of Federal Regulations, Part 1183, Uniform Administrative Requirements for Grants and Cooperative Agreements to States and Local Governments (adapted from OMB Circular A-102). E. The Grantee will send the Grantor a copy of any management letters issued by the auditor with the reporting package (or written notification, as applicable). The audit's Schedule of Expenditures of Federal and State Awards will list the amount of awards expended for each award year separately. F. The Grantee may not obligate grant funds after August 31, 2004. By October 15, 2004, all obligations must be liquidated. Final request for advance must be received by Grantor on or before August 2, 2004. All unexpended funds must be returned to the Grantor along with the Final Financial Status Report due November 15, 2004. Final request for reimbursement must be received no later than October 15, 2004. G. 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 box 12 of the quarterly Financial Status Report. H. All publicity relating to the grant award must include acknowledgement of the Institute of Museum and Library Services 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 library, announcements on the Grantee's website, and materials distributed through the grant project. The Grantee will provide the Grantor with one (1) set of any public relations materials produced under this grant. I. The Grantee certifies by this contract that it will comply with the Assurances — Non - Construction programs (OMB Standard Form 424B), the Certification Regarding Debarment, Suspension, ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, and the Certification Regarding Lobbying as submitted to the Grantor. Additional assurances are listed in UGMS, Subpart B.14. J. 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 sub agreements. K. The Grantee agrees to maintain records on all equipment/property with an acquisition cost above governing entity's capitalization level. The UGMS Subpart C, Sec. 32, (d) requires the Grantee to reconcile the equipment/property records with a physical inventory of the equipment/property Page 5 of 9 Fiscal Year 2004 Library System Operation every two years. This biennial inventory does not need to be submitted to the Grantor, but must be maintained by the grantee and will be subject to review by the grantor. The UGMS Subpart C, Sec. 32, (d) (3) requires certain items of equipment (stereo systems, still and video cameras, facsimile machines, VCRs and VCR/TV combinations, and cellular and portable telephones) to be maintained on inventory if their cost is above $500, or if they could be easily lost or stolen. Subject to the obligations and conditions set forth in the UGMS Section III, Subpart C, Sec. 32 (a), title to equipment acquired under a grant will vest upon acquisition in the Grantee. When property is vested in the Grantee, the Grantee will dispose of equipment/property in accordance with the UGMS Subpart C, Sec. 32, (e). When the Grantee has been given federal or state equipment/property, the UGMS Subpart C, Sec. 32, (f) will be followed. L. The Grantee agrees to submit the Equipment/Property Acquired Form by October 29, 2004, for all equipment/property purchased during the current grant year. This list must balance the equipment/property purchased with prior approval amounts. M. The Grantee agrees to submit the Key Performance Target Report to the Grantor according to the following schedule: Reporting Period Due Date September 1, 2003- November 30, 2003 December 5, 2003 December 1, 2003 - February 29, 2004 March 5, 2004 March 1, 2004 - May 31, 2004 June 7, 2004 June 1, 2004 - August 31, 2004 September 6, 2004 The State Legislature has charged the Grantor with submitting performance measurement reports that specify the level of services provided by its programs and services. The Grantee agrees to submit reports that are timely, accurate, auditable, and consistent with definitions. N. The Grantee agrees to submit the Uniform Statistical Reporting Form for Systems to the Grantor monthly, by the end of the following month. O. The Grantee agrees to submit the quarterly Financial Status Report for each project funded under this contract according to the following schedule: Reporting Period Due Date September 1, 2003 - November 30, 2003 December 29, 2003 December 1, 2003 - February 29, 2004 March 26, 2004 March 1, 2004 - May 31, 2004 June 28, 2004 June 1, 2004- August 31, 2004 September 27, 2004 A final Financial Status Report is due by November 15, 2004. Page 6 of 9 Fiscal Year 2004 Library System Operation P. The Grantee will submit the Local/Systems Objectives Report to the Grantor. This report may be submitted monthly with the Uniform Statistical Report, or quarterly with the Key Performance Target Report. Q. The Grantee will submit the Workshop Reporting Form to the Grantor for the period of September 1, 2003, to August 31, 2004, on or before September 27, 2004. R. The Grantee agrees to submit the Narrative Report to the Grantor twice during the grant period. The first is due March 26, 2004, and the final report is due September 27, 2004. S. The Grantee is restricted to one of two methods for requesting funds from the Grantor. The Grantee may request an advance payment for estimated expenditures to be incurred for the upcoming 30 days, or request a reimbursement of the actual expenditures for the Grantee's normal billing cycle. The Grantee will request payment on the OMB Standard Form 270, Request for Advance or Reimbursement, using box 12 rather than box 11, if requesting funds in advance. Requests may be made monthly, quarterly or any other time period, but not more than once a month. To request funds, Form 270 is due to the Grantor by the 151h of the month. If requesting a reimbursement, the funds will usually be received by the Grantee within 10 days after TSLAC receives the funds from the federal government. If requesting an advance, the Grantee must follow procedures that minimize the time elapsing between the receipt and the disbursement of advanced grant funds. Requests for advance funds will be disbursed by the first working day of the advance period on the request, provided request forms are received by stated deadlines. T. The Grantee agrees to develop or revise, as necessary, the specific written documentation of their current procedures for (1) collecting and reporting performance measures, and (2) conducting a fixed asset inventory, and (3) any other issues identified in the Grantor's internal audit report of grant activities dated May 2003. Drafts of this procedural documentation will be submitted to Grantor by October 29, 2003. Grantor will provide review and guidance to enable final versions to be approved by December 31, 2003. VIII. 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 federal or state statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, the awarding agency 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 the awarding agency; (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; Page 7 of 9 Fiscal Year 2004 Library System Operation A. (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, the awarding agency 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 the awarding agency expressly authorizes them in the notice of suspension or termination or subsequently. Other Grantee or Sub -grantee costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if: (1) The costs result 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 E.O. 12549 (see UGMS Section III, Subpart C, Sec. 35) and state law. IX. CONTACTS AT TSLAC Questions or concerns about programmatic issues and Prior Approval Requests should be directed to this grant's Project Manager: Wendy Clark Library Systems Administrator Phone: 512-936-2236 Fax: 512-463-8800 E-mail: wendy.clark@tsl.state.tx.us Questions or concerns about regulatory or financial issues should be directed to: Mary Lopez Manager, Accounting and Grants Department Phone: 512-463-6626 Fax: 512-475-0185 E-mail: mlopez@tsl.state.tx.us Page 8 of 9 Fiscal Year 2004 Library System Operation P Fax Requests for Reimbursement/Advance, Financial Status Reports, Workshop Report Forms, monthly Uniform Statistical Reports, and annual Property/Inventory Reports and other miscellaneous forms and reports to: April Kral Grants Accountant Phone: 512-463-5472 Fax: 512-4,75-0185 E-mail: akral@tsl.state.tx.us Payments to the Grantor, such as those for excess advanced funds or for interest earned each quarter on advanced funds, should be mailed with an explanation of the purpose of the payment and the grant number to: April Kral Grants Accountant Accounting and Grants Department Texas State Library and Archives Commission PO Box 12516 Austin, TX 78711-2516 X. APPLICABLE AND GOVERNING LAW A. This grant shall be governed by the laws of the State of Texas. 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. XI. SIGNATURES GRANTOR GRANTEE Texas State Library and Archives Commission City of **a as, /%�/ _Assistant State Librarian ISO IV3 Date -County Library Signature (e an official empowered to enter into cont cts) Marc` McDougal Typewritten or Printed Name OJ rVl- Q5 LVIV Mayor Donna sbo of Fiscal Officer Title q/2/6)3 Date Page 9 of 9 Fiscal Year 2004 Library System Operation September 18, 2003 Date Attest: Reharra nar7a f;+v No Text CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS 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. *O c k t1kbt tc. Applicant Ctau-snr-, Li Name and Title of Authorized C 1 . 17 i /'P,.r rL, Official --03 Signature Date Instructions for Certification By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. 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. 3. 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 lie construed,to require estabfishnkerit'of a gysfem'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 fhe$e.,ipstructjons, 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. CERTIFICATION REGARDING LOBBYING for CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS (Required for grants exceeding $100,000) 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 `'1 1 Project Name and Title of Authorized Representatives ignature Date 34 CFR 82.110 TSL 9304 t 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, I 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 197,2,,as amended (2Q.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 Act 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 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, 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 11 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. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. Y§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). 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. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE APPLIC NT ORGANIZATION CZJI q ��boz4c DATE SUBMITTED 44,��,-Z3 ---I Standard Form 424B (Rev. 7-97) Beck Resolution No. 2003-RO372 September 18, 2003 Item No. 17 TEXAS STATE LIBRARY & ARCHIVES COMMISSION TECHNICAL ASSISTANCE NEGOTIATED GRANT Grant # 476-04019 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 II. TERM OF GRANT September 1, 2003, to August 31, 2004 III. GRANTOR CERTIFICATION The grantor certifies that (1) the services specified below 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, General Powers and Duties; Texas Government Code § 441.135 Grants (Systems Act); P.L. 104-208, the Library Services and Technology Act (LSTA); the State Plan for the LSTA in Texas; and, the Uniform Grant Management Standards (UGMS). IV. GRANT AMOUNTS A. The total amount of the grant shall not exceed: $ 80,000 B. Source of funds: CFDA # 45.310 Institute of Museum and Library Services, State Library Program Federal Fiscal Year 2003 Carryover Bill & Melinda Gates Foundation Gifts State Fiscal Year 2004 Page 1 of 9 Fiscal Year 2004 City of Lubbock Technical Assistance Negotiated Grant TSLAC's accounting coding: Index Code 24762, Object Code 7611 Index Code 24319, Object Code 7611 Of the total amount awarded for all Technical Assistance Negotiated Grants, 90% is from Federal L.S.T.A. funds (P.L. 104-208) and 10% is from Bill & Melinda Gates Foundation funds. C. Budget: Personnel $53,584 Fringe Benefits 16,642 Travel 2,148 Equipment/Property 0 Supplies 1,000 Contractual 0 Other 0 Total Direct Costs $73,374 Indirect Costs 6,626 Total $80,000 These budget categories are defined in UGMS Section H, Attachment B and in the Technical Assistance Negotiated Grants Program Guidelines. D. Expenditures in the following budget categories are funded through the Technical Assistance portion of a grant to TSLAC from the Bill & Melinda Gates Foundation: 1. Travel 2. Equipment 3. Supplies Grantee must notify Grantor in writing if transferring funds into or out of any of the above three budget categories, even if the total amount transferred does not exceed 10% of the total grant award. V. WRITTEN PRIOR APPROVALS FOR FISCAL AND PROGRAMMATIC CHANGES A. The Grantor must give written prior approval for any of the following fiscal changes: 1. Making cumulative transfers among budget cost categories or projects which are expected to exceed ten (10) percent of the total grant. 2. Transferring any funds into a budget cost category that currently equals zero ($0). Page 2 of 9 Fiscal Year 2004 City of Lubbock Technical Assistance Negotiated Grant f Written prior approval is to be requested on the Prior Approval Request form and shall be requested when nearing the 10% limit, or within 30 days of the end of the grant term. This provision does not allow the total grant amount to be exceeded. All prior approvals must be received by August 2, 2004. Approvals received after this date will be considered on a case - by -ease basis. B. The Grantor must give written prior approval for any of the following programmatic changes to the application (Technical Assistance Negotiated Grants for State Fiscal Year 2004). 1. Obtaining the services of a third party to perform activities which are central to the purposes of the grant. 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. Written prior approval is to be requested on the Prior Approval Request form. All prior approvals must be received by Grantor by August 2, 2004. Approvals received after this date will be considered on a case -by -case basis. C. The Grantor hereby gives approval for the items specified under the cost categories outlined below, if any. Before the Grantee obligates or expends grant funds for additional items in the following cost categories, the Grantor must give written prior approval. Written prior approval is to be requested on the Prior Approval Request form. Written prior approval is also required if an item's cost or features are substantially different from what the grant specifies, or from a previous Prior Approval Request. All prior approvals must be received by Grantor by August 2, 2004. Approvals received after this date will be considered on a case -by -case basis. COST CATEGORIES 1. Preaward Costs None 2. Insurance (if not required by the rant) None 3. Rearrangements and Alterations of Facilities None 4. Equipment/Property None Subject to the obligations and conditions set forth in Uniform Grant Management Standards (UGMS) Section III, Subpart C.32 (a), title to equipment acquired under a grant will vest upon acquisition in the Grantee. The Grantee must include any Equipment/Property acquired with grant funds in the required bi-annual property inventory, and follow UGMS guidelines for property disposal. Page 3 of 9 Fiscal Year 2004 City of Lubbock Technical Assistance Negotiated Grant Equipment/Property is hereby defined as an article of nonexpendable, tangible personal property having a useful life of more than one year and an acquisition cost that equals or exceeds the capitalization amount established by Grantee's governing entity. Grantee must furnish a statement to Grantor certifying the governing entity's capitalization level with a Prior Approval Request Form. This category includes equipment, furniture, library materials, etc., purchased wholly or in part with grant funds. The prior approval amount is the total capital expenditure amount, which 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, capital expenditure cost in accordance with the Grantee's regular accounting practices. VI. STATEMENT OF SERVICES TO BE PERFORMED The Grantee will comply during the period of this contract and provide services outlined within the grant application (Technical Assistance Negotiated Grants for SFY 2004) as approved by the Grantor. VII. TERMS AND CONDITIONS A. The Grantee will comply with the Technical Assistance Negotiated Grants Program Guidelines for SFY 2004. B. The Grantee will comply with the Rules for Administering the Library Systems Act. Note that Rule 1.97 (a) will not be applicable during the term of this grant. C. The Grantee will comply with the following three parts of the Governor's Office of Budget and Planning, Uniform Grant Management Standards (UGMS), revised January 2001, located at http: //www. governor. state. tx. us/divisions/staterants/Quidelines/files/UGMS012001. doc. 1. Cost Principles for State and Local Governments and Other Affected Entities (adapted from OMB Circular A-87) 2. State Uniform Administrative Requirement for Grants and Cooperative Agreements (adapted from OMB Circular A-102) 3. State of Texas Single Audit Circular (adapted from OMB Circular A-133) For grants funded with state funds, the Grantee will comply with the third part of UGMS, the State of Texas Single Audit Circular. For grants funded with federal funds, the Grantee will 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 http://www. whitehouse,gov/omb/grants/grants circulars.htnil. D. The Grantee will comply with the Institute of Museum and Library Services' 45 Code of Federal Regulations, Part 1183, Uniform Administrative Requirements for Grants and Cooperative Agreements to States and Local Governments (adapted from OMB Circular A-102). Page 4 of 9 Fiscal Year 2004 City of Lubbock Technical Assistance Negotiated Grant E. The Grantee will send the Grantor a copy of any management letters issued by the auditor with the reporting package (or written notification, as applicable). The audit's Schedule of Expenditures of Federal and State Awards will list the amount of awards expended for each award year separately. F. The Grantee may not obligate grant funds after August 31, 2004. By October 15, 2004, all obligations must be liquidated. Final request for advance must be received by Grantor on or before August 2, 2004. All unexpended funds must be returned to the Grantor along with the Final Financial Status Report due November 15, 2004. Final request for reimbursement must be received no later than October 15, 2004. G. 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 box 12 of the quarterly Financial Status Report. H. All publicity relating to the grant award must include acknowledgement of the Institute of Museum and Library Services 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 library, announcements on the Grantee's website, and materials distributed through the grant project. The Grantee will provide the Grantor with one (1) set of any public relations materials produced under this grant. I. The Grantee certifies by this contract that it will comply with the Assurances — Non - Construction Programs (OMB Standard Form 424B), the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, and the Certification Regarding Lobbying as submitted to the Grantor. Additional assurances are listed in UGMS, Subpart B.14. 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 sub agreements. K. The Grantee agrees to maintain records on all equipment/property with an acquisition cost above governing entity's capitalization level. The UGMS Subpart C, Sec. 32, (d) requires the Grantee to reconcile the equipment/property records with a physical inventory of the equipment every two years. This biennial inventory does not need to be submitted to the Grantor, but must be maintained by the grantee and will be subject to review by the grantor. The UGMS Subpart C, Sec. 32, (d) (3) requires certain items of equipment (stereo systems, still and video cameras, facsimile machines, VCRs and VCR/TV combinations, and cellular and. portable telephones) to be maintained on inventory if their cost is above $500, or if they could be easily lost or stolen. Page 5 of 9 Fiscal Year 2004 City of Lubbock Technical Assistance Negotiated Grant f Subject to the obligations and conditions set forth in the UGMS Section III, Subpart C, Sec. 32 (a), title to equipment acquired under a grant will vest upon acquisition in the Grantee. When property is vested in the Grantee, the Grantee will dispose of equipment/property in accordance with the UGMS Subpart C, Sec. 32, (e). When the Grantee has been given federal or state equipment/property, the UGMS Subpart C, Sec. 32, (f) will be followed. L. The Grantee agrees to submit the Equipment/Property Acquired Form by October 29, 2004, for all equipment/property purchased during the current grant year. This list must balance the equipment/property purchased with prior approval amounts. M. The Grantee agrees to submit the Uniform Statistical Report form for Technical Assistance Negotiated Grants, including Explanation of Variance, according to the following schedule: Reporting Period Due Date September 1, 2003 - November 30, 2003 December 5, 2003 December 1, 2003 - February 29, 2004 March 5, 2004 March 1, 2004 - May 31, 2004 June 7, 2004 June 1, 2004 - August 31, 2004 September 6, 2004 The State Legislature has charged the Grantor with submitting performance measurement reports that specify the level of services provided by its programs and services. The Grantee agrees to submit reports that are timely, accurate, auditable, and consistent with definitions. N. The Grantee agrees to submit the quarterly Financial Status Report for the project funded under this contract according to the following schedule: Reportina Period Due Date September 1, 2003 - November 30, 2003 December 29, 2003 December 1, 2003 - February 29, 2004 March 26, 2004 March 1, 2004 - May 31, 2004 June 28, 2004 June 1, 2004 - August 31, 2004 September 27, 2004 A final Financial Status Report is due by November 15, 2004. O. The Grantee agrees to submit an annual Gates Grant Technical Assistance Report according to the following schedule: ReportingPeriod eriod Due Date September 1, 2003 - August 31, 2004 September 27, 2004 P. The Grantee will submit the Workshop Reporting Form to the Grantor for the period of September 1, 2003, to August 31, 2004, on or before September 27, 2004. Page 6 of 9 Fiscal Year 2004 City of Lubbock Technical Assistance Negotiated Grant f Q. The Grantee is restricted to one of two methods for requesting funds from the Grantor. The Grantee may request an advance payment for estimated expenditures to be incurred for the upcoming 30 days, or request a reimbursement of the actual expenditures for the Grantee's normal billing cycle. The Grantee will request payment on the OMB Standard Form 270, Request for Advance or Reimbursement, using box 12 rather than box 11, if requesting funds in advance. Requests may be made monthly, quarterly or any other time period, but not more than once a month. To request funds, Form 270 is due to the Grantor by the 151h of the month. If requesting a reimbursement, the funds will usually be received by the Grantee within 10 days after TSLAC receives the funds from the federal government. If requesting an advance, the Grantee must follow procedures that minimize the time elapsing between the receipt and the disbursement of advanced grant funds. Requests for advance funds will be disbursed by the first working day of the advance period on the request, provided request forms are received by stated deadlines. R. The Grantee agrees to develop or revise, as necessary, the specific written documentation of their current procedures for (1) collecting and reporting performance measures, and (2) conducting a fixed asset inventory, and (3) any other issues identified in the Grantor's internal audit report of grant activities dated May 2003. Drafts of this procedural documentation will be submitted to Grantor by October 29, 2003. Grantor will provide review and guidance to enable final versions to be approved by December 31, 2003. VIII. 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 federal or state statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, the awarding agency 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 the awarding agency; (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, the awarding agency 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. Page 7 of 9 Fiscal Year 2004 City of Lubbock Technical Assistance Negotiated Grant 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 the awarding agency expressly authorizes them in the notice of suspension or termination or subsequently. Other Grantee or Sub -grantee costs during suspension or after termination which are necessary, and not reasonably avoidable, are allowable if: (1) The costs result 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 E.O. 12549 (see UGMS Section III, Subpart C, Sec. 35) and state law. IX. CONTACTS AT TSLAC Questions or concerns about programmatic issues and Prior Approval Requests should be directed to this grant's Program Manager: Kathleen Walls Grants Coordinator Phone: 512-463-5532 Fax: 512-463-8800 E-mail: kwalls@tsl.state.tx.us Questions or concerns about regulatory or financial issues should be directed to: Mary Lopez Manager, Accounting and Grants Department Phone: 512-463-6626 Fax: 512-475-0185 E-mail: mlopez@tsl.state.tx.us Fax Requests for Reimbursement/Advance, Financial Status Reports, Workshop Report Forms, Uniform Statistical Reports, annual Property/Inventory Reports, and other miscellaneous forms and reports to: April Kral Grants Accountant Phone: 512-463-5472 Fax: 512-475-0185 E-mail: akral@tsl.state.tx.us Page 8 of 9 Fiscal Year 2004 City of Lubbock Technical Assistance Negotiated Grant Payments to the Grantor, such as those for excess advanced funds or for interest earned each quarter on advanced funds, should be mailed with an explanation of the purpose of the payment and the grant number to: April Kral Grants Accountant Texas State Library and Archives Commission PO Box 12516 Austin, TX 78711-2516 X. APPLICABLE AND GOVERNING LAW A. This grant shall be governed by the laws of the State of Texas. 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. XI. SIGNATURES GRANTOR GRANTEE Texas State Library and Archives Commission City of Lubbock, Lubbock City -County Library 1 l�ssistant State Librarian Date MM �• . % �s &ef Fiscal Officer �1/a l03 Date official empowered to Marc McDougal Typewritten or Printed Name Mayor Title September 18, 2003 Date Attest: Rebecca Garza, City Secretary Page 9 of 9 Fiscal Year 2004 City of Lubbock Technical Assistance Negotiated Grant 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). 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. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL ITITLE b hrG. rL,\ D c.j- a\ ORGANIZATION IDATE SUBMITTED N4� Z�� LAA�&bo6k Public, Standard Form 4248 (Rev. 7-97) BecK 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, I 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. 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 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 Previous Edition Usable 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 Act 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, Q) 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 aotivitips of employee% whose principal employment activities are funded in whole or in part with Federal funds. Authorized for Local Reproduction Standard Form 424B (Rev. 7-97) Prescribed by OMB Circular A-102 CERTIFICATION REGARDING LOBBYING for CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS (Required for grants exceeding $100,000) 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. VA Organization Name Project Name and Title of Authorized Representative Signature 34 OR 82.110 TSL 9304 Date CERTIFICATION AtdARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS 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 - 6 k-, ey) Lj.t, )D aZ l- uh reams Name and Title of Authorized Certifying Yecd� &?l s Signature Date Instructions for Certification By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. 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. 3. 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. Resolution No. 2003—RO372 September 18, 2003 Item No. 17 TEXAS STATE LIBRARY & ARCHIVES COMMISSION INTERLIBRARY LOAN CENTER GRANT Grant # 771-04044 I. CONTRACTING PARTIES Grantor: Texas State Library and Archives Commission (TSLAC) Grantee: City of Lubbock, Lubbock City -County Library 1306 9th St Lubbock, Texas 79401-2708 II TERM OF GRANT September 1, 2003, to August 31, 2004 III. GRANTOR CERTIFICATION The Grantor certifies that (1) the services specified below 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, General Powers and Duties; Texas Government Code § 441.135, Grants (Systems Act); P.L. 104-208, the Library Services and Technology Act (LSTA); the State Plan for the LSTA in Texas; and, the Uniform Grant Management Standards (UGMS). IV. GRANT AMOUNTS A. The total amount of the grant shall not exceed: $66,653 B. Source of funds: CFDA #45.310, Institute of Museum and Library Service, State Library Program Federal Fiscal Year 2003 Carryover TSLAC's accounting coding: Index 17712, Object Code 7611, AY03 Page 1 of 9 Fiscal Year 2004 City of Lubbock Interlibrary Loan Center Grant No Text C. Budget: Personnel $39,494 Fringe Benefits 9,693 Travel 400 Equipment 0 Supplies 1,500 Contractual 0 Other 10,050 Total Direct Costs $61,137 Indirect Costs 5,516 Total $66,653 These budget categories are defined in UGMS, Section R, Attachment B and in the TexNet Center Policies Manual. V. WRITTEN PRIOR APPROVALS FOR FISCAL AND PROGRAMMATIC CHANGES A. The Grantor must give written prior approval for any of the following fiscal changes: 1. Making cumulative transfers among budget cost categories or projects which are expected to exceed ten (10) percent of the total grant. 2. Transferring any funds into a budget cost category that currently equals zero ($0). Written prior approval is to be requested on the Prior Approval Request form when nearing the 10%, limit or within 30 days of the end of the grant term. This provision does not allow the total grant amount to be exceeded. All prior approvals must be requested by August 2, 2004. Approvals received after this date will be considered on a case -by -case basis. B. The Grantor must give written prior approval for any of the following programmatic changes to the (Interlibrary Loan application): 1. Obtaining the services of a third party to perform activities which are central to the purposes of the grant. 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. Written prior approval is to be requested on the Prior Approval Request form. All prior approvals must be received by Grantor by August 2, 2004. Approvals received after this date will be considered on a case -by -case basis. Page 2 of 9 Fiscal Year 2004 City of Lubbock Interlibrary Loan Center Grant C. The Grantor hereby gives approval for the items specified under the cost categories outlined below, if any. Before the Grantee obligates or expends grant funds for additional items in the following cost categories, the Grantor must give written prior approval. Written prior approval is to be requested on the Prior Approval Request form. Written prior approval is also required if an item's cost or features are substantially different from what the grant specifies or from a previous Prior Approval Request. All prior approvals must be received by Grantor by August 2, 2004. Approvals received after this date will be considered on a case -by -case basis. COST CATEGORIES 1. Preaward Costs None 2. Insurance (if not required by the plant) None 3. Rearranizements and Alterations of Facilities None 4. Equipment/Property Subject to the obligations and conditions set forth in the Uniform Grant Management Standards (UGMS) Section III, Subpart C.32 (a), title to equipment acquired under a grant will vest upon acquisition in the Grantee. The Grantee must include any Equipment/Property acquired with grant funds in the required bi-annual property inventory, and follow UGMS guidelines for property disposal. Equipment/Property is hereby defined as an article of nonexpendable, tangible personal property having a useful life of more than one year and an acquisition cost that equals or exceeds the capitalization amount established by Grantee's governing entity. Grantee must furnish a statement to Grantor certifying the governing entity's capitalization level with a Prior Approval Request Form. This category includes equipment, furniture, library materials, etc., purchased wholly or in part with grant funds. The prior approval amount is the total capital expenditure amount, which 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, capital expenditure cost in accordance with the Grantee's regular accounting practices. VI. STATEMENT OF SERVICES TO BE PERFORMED A. The Grantor will reimburse the Grantee for expenses incurred in processing and filling interlibrary loan requests for library materials and information from public, academic, and special libraries, and for processing interlibrary loan requests originating with the Grantee. The Page 3 of 9 Fiscal Year 2004 City of Lubbock Interlibrary Loan Center Grant Grantor will also reimburse the Grantee for providing OCLC system use support to Texas Group selective user libraries in the Grantee's service area. B. The Grantee will provide free interlibrary loan service according to the operating procedures set by the Grantor. C. The Grantee will employ the following staff whose work assignments are exclusively to provide interlibrary loan services: .25 Librarian II 1 Data Entry Operator .75 Customer Service Representative D. The Grantee will provide a telephone line(s) directly into the interlibrary loan office, telephone extension to local library telephones, and permit the computer(s) to be connected without charge to an OCLC modem with line extenders or extended distance cables, or other appropriate technology. E. The Grantee agrees to provide rapid and convenient access to its catalog of holdings and its circulation system for use without charge by the project staff. F. The budget allocations are based on the following performance objectives: 1. Fill 4,900 interlibrary loan requests from the Grantee's resources. 2. Process 16,600 interlibrary loan transactions. 3. Maintain an average response time of 24 hours for interlibrary loan requests. 4. Maintain a maximum turnaround time of 8.0 days for requests from the region filled by the Grantee. 5. Maintain a maximum turnaround time of 15.0 days for requests referred to and filled by other libraries. G. The Grantee will comply during the period of this contract with its Interlibrary Loan Center grant application. VII. TERMS AND CONDITIONS A. The Grantee will comply with the TexNet Center Policies Manual. B. The Grantee will comply with the following three parts of the Governor's Office of Budget and Planning, Uniform Grant Management Standards (UGMS), revised January 2001, located at http://www. governor. state. tx. us/divisions/stategrants/guidelines/files/UGMS012001.doc. 1. Cost Principles for State and Local Governments and Other Affected Entities (adapted from OMB Circular A-87) Page 4of9 Fiscal Year 2004 City of Lubbock Interlibrary Loan Center Grant 2. State Uniform Administrative Requirement for Grants and Cooperative Agreements (adapted from OMB Circular A-102) 3. State of Texas Single Audit Circular (adapted from OMB Circular A-133) For grants funded with state funds, the Grantee will comply with the third part of UGMS, the State of Texas Single Audit Circular. For grants funded with federal funds, the Grantee will 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 http://www. whitehouse. gov/omb/grants/grants_circulars. html. C. The Grantee will comply with the Institute of Museum and Library Services' 45 Code of Federal Regulations, Part 1183, Uniform Administrative Requirements for grants and Cooperative Agreements to States and Local Governments (adapted from OMB Circular A-102). D. The Grantee will send the Grantor a copy of any management letters issued by the auditor with the reporting package (or written notification, as applicable). The audit's Schedule of Expenditures of Federal and State Awards will list the amount of awards expended for each award year separately. E. The Grantee may not obligate grant funds after August 31, 2004. By October 15, 2004, all obligations must be liquidated. Final request for advance must be received by Grantor on or before August 2, 2004. All unexpended funds must be returned to the Grantor along with the Final Financial Status Report due November 15, 2004. Final request for reimbursement must be received no later than October 15, 2004. F. 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 box 12 of the quarterly Financial Status Report. G. All publicity relating to the grant award must include acknowledgement of the Institute of Museum and Library Services 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 library, announcements on the Grantee's website, and materials distributed through the grant project. The Grantee agrees to provide the Grantor with one (1) set of any public relations materials produced under this grant. H. The Grantee certifies by this contract that it will comply with the Assurances — Non - Construction Programs (OMB Standard Form 424B), the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, and the Certification Regarding Lobbying as submitted to the Grantor. Additional assurances are listed in UGMS, Subpart B.14. Page 5 of 9 Fiscal Year 2004 City of Lubbock Interlibrary Loan Center Grant I. 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 sub agreements. J. The Grantee agrees to maintain records on all equipment/property with an acquisition cost that exceed governing entity's capitalization level. The UGMS Subpart C, Sec. 32, (d) requires the Grantee to reconcile the equipment/property records with a physical inventory of the equipment/property every two years. This biennial inventory does not need to be submitted to the Grantor, but must be maintained by the Grantee and will be subject to review by the Grantor. The UGMS Subpart C, Sec. 32, (d) (3) requires certain items of equipment (stereo systems, still and video cameras, facsimile machines, VCRs and VCR/TV combinations, and cellular and portable telephones) to be maintained on inventory if their cost is above $500, or if they could be easily lost or stolen. Subject to the obligations and conditions set forth in the UGMS Section III, Subpart C, Sec. 32 (a), title to equipment acquired under a grant will vest upon acquisition in the Grantee. When property is vested in the Grantee, the Grantee will dispose of equipment/property in accordance with the UGMS Subpart C, Sec. 32, (e). When the Grantee has been given federal or state equipment/property, the UGMS Subpart C, Sec. 32, (f) will be followed. K. The Grantee agrees to submit the Equipment/Property Acquired Form by October 29, 2004, for all equipment/property purchased during the current grant year. This list must balance with the equipment/property purchased with prior approval amounts. L. The State Legislature has charged the Grantor with submitting performance measurement reports that specify the level of services provided by its programs and services. The Grantee agrees to submit reports that are timely, accurate, auditable, and consistent with definitions. 1. The Grantee will maintain a record of each interlibrary loan request submitted to other libraries. 2. The Grantee agrees to submit ILL statistics to the Grantor monthly. 3. The Grantee agrees to submit turnaround time data records to the Grantor within two weeks of the completion of the data records. M. The Grantee agrees to participate fully in any special study, survey, or other research and testing, which is designed to evaluate or improve interlibrary loan policies, procedures or management, when requested by the Grantor. N. The Grantee agrees to submit the quarterly Financial Status Report for each project funded under this contract according to the following schedule: Page 6 of 9 Fiscal Year 2004 City of Lubbock Interlibrary Loan Center Grant Reuortin2 Period Due Date September 1, 2003 - November 30, 2003 December 29, 2003 December 1, 2003 - February 29, 2004 March 26, 2004 March 1, 2004 - May 31, 2004 June 28, 2004 June 1, 2004- August 31, 2004 September 27, 2004 A final Financial Status Report is due by November 15, 2004. O. The Grantee is restricted to one of two methods for requesting funds from the Grantor. The Grantee may request an advance payment for estimated expenditures to be incurred for the upcoming 30 days, or request a reimbursement of the actual expenditures for the Grantee's normal billing cycle. The Grantee will request payment on the OMB Standard Form 270, Request for Advance or Reimbursement, using box 12 rather than 11, if requesting funds in advance. Requests may be made monthly, quarterly or any other time period, but not more than once a month. To request funds, Form 270 is due to the Grantor by the 151h of the month. If requesting a reimbursement, the funds will usually be received by the Grantee within 10 days after TSLAC receives the funds from the federal government. If requesting an advance, the Grantee must follow procedures that minimize the time elapsing between the receipt and the disbursement of advanced grant funds. Requests for advance funds will be disbursed by the first working day of the advance period on the request, provided request forms received by state deadlines. P. The Grantee agrees to develop or revise, as necessary, the specific written documentation of their current procedures for (1) collecting and reporting performance measures, and (2) conducting a fixed asset inventory, and (3) any other issues identified in the Grantor's internal audit report of grant activities dated May 2003. Drafts of this procedural documentation will be submitted to Grantor by October 29, 2003. Grantor will provide review and guidance to enable final versions to be approved by December 31, 2003. VIll. 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 federal or state statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, the awarding agency 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 the awarding agency; (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; Page 7 of 9 Fiscal Year 2004 City of Lubbock Interlibrary Loan Center Grant (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, the awarding agency 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 the awarding agency expressly authorizes them in the notice of suspension or termination or subsequently. Other Grantee or Sub -grantee costs during suspension or after termination which are necessary, and not reasonably avoidable, are allowable if: (1) The costs result 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 E.O. 12549 (see UGMS Section III, Subpart C, Sec. 35) and state law. IX. CONTACTS AT TSLAC Questions or concerns about programmatic issues and Prior Approval Request should be directed to this grant's Project Manager: Dayna Jones Resource Sharing Consultant Phone: 512-463-5406 Fax: 512-936-2306 E-mail: diones@tsl.state.tx.us Questions or concerns about regulatory or financial issues should be directed to: Mary Lopez Manager, Accounting and Grants Department Phone: 512-463-6626 Fax: 512-475-0185 E-mail: mlopez@tsl.state.tx.us Page 8 of 9 Fiscal Year 2004 City of Lubbock Interlibrary Loan Center Grant Fax Requests for Reimbursement, Financial Status Reports, Annual Property/Inventory Reports, and other miscellaneous forms and reports to: April Kral Grants Accountant Fax: 512-475-0185 E-mail: akral@tsl.state.tx.us Payments to the Grantor, such as those for excess advanced funds or for interest earned each quarter on advanced funds, should be mailed with an explanation of the purpose of the payment and the grant number to: April Kral Grants Accountant Texas State Library and Archives Commission PO Box 12516 Austin, TX 78711-2516 X. APPLICABLE AND GOVERNING LAW A. This grant shall be governed by the laws of the State of Texas. 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. XI. SIGNATURES GRANTOR GRANTEE Texas State Library and Arc fives Commission City of Fsd �r� �rg1 Assistant State Librarian t �A Date to LubboclA City -County Library an official empowered Marc McDougal '----- Typewritten or Printed Name Mayor Title $'a, ( 103 September 18, 2003 Date Date Page 9 of 9 Fiscal Year 2004 City of Lubbock Interlibrary Loan Center Grant Attest: Rebecca Garza, City Secretary No Text CERTIFICATION REGARDING LOBBYING for CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS (Required for grants exceeding $100,000) 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. #A Organization Name Project Name and Title of Authorized Representative Signature Date 34 CFR $2.110 TSL9304 FY99\GrantsTorniACertification Regarding Lobbying.doc CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS 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. ?) 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. �i pablic. Applicant L.tbv ��rec�. Name and Title of Authorized Signature Date t � i } Ss i 1, 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 11.738; (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). 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. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE 9%_� bYQaz- APPL CANT ORGANIZATION DATE SUBMITTED %bbmz - Gubbor-k. �� b c_ Standard Form 424B (Rev. 7-97) Back OMB Approval No. 0348-0040 ASSURANCES - NON -CONSTRUCTION PROGRAMS Oublic reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing structions, 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 Act 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 Authorized for Local Reproduction Standard Form 4240 (Rev. 7-97) Prescribed by OMB Circular A-102