HomeMy WebLinkAboutResolution - 2005-R0469 - Grant Agreements- TSLAC- Library System, Technical Assistance, Interlibrary Loan - 10_13_2005 (3)Resolution No. 2005-RO469
October 13, 2005
Item No. 4.14
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, 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 13th day of October, 2005.
MAYOR
ATTEST:
Rebe ca Garza, City Secretary
APPROVED AS TO CONTENT:
Nancy I
of Cptrft#unity Development
AS TO
Ahn M. Knight, Assistant�rlCity Attorney
gs/ccdocs/Res-LibraryCrants-2005
Sept. 1, 2005
aIJ
Resolution No. 2005-RO469
4 7-
TEXAS STATE LIBRARY & ARCHIVES COMMISSION
TECHNICAL ASSISTANCE NEGOTIATED GRANT
Grant Number: 476-06019
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
0 R 9
II. TERM OF GRANT NA
September 1, 2005, to August 31, 2006
III. STATEMENT OF SERVICES TO BE PERFORMED
Grant -funded activities shall provide services as outlined in the approved grant application. The Grantee will comply
during the period of this contract and provide services as outlined within the approved grant application (Technical
Assistance Negotiated Grant [TANG] for State FY06) as approved by the Grantor. The approved grant application
submitted by Grantee becomes part of this contract by this reference.
IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS
A. The total amount of the grant shall not exceed: $80,000.00 l�Q�J
B. Source of funds: C� 1
Federal Funds, CFDA # 45.310
Institute of Museum and Library Services, State Library Program (MES)
Federal Fiscal Year 2005
C. The Grantee must request payments from Grantor on the TSLAC Form, Request for Funds (RFF). Requests
may be submitted to Grantor no more often than once per month, and no less often than once per quarter.
Funds will be paid to the Grantee provided Grantor has received a fully executed contract and Grantee has
fulfilled all requirements for preceding contracts.
D. The Grantee is restricted to one of two methods for requesting funds from Grantor. The Grantee may request
reimbursement of actual expenditures for the Grantee's normal billing cycle, or advance payment for estimated
expenditures to be incurred for the upcoming 30 days. Only Grantees that provide documentation to
demonstrate a lack of sufficient working capital, and the ability to minimize the time elapsing between transfer
of funds from Grantor and disbursement of grant funds will be allowed to request advance payments. Grantee
must provide requested level of detail for advances.
E. Payments of advance funds will be disbursed by the first working day of the advance period provided the RFF
Form is received by Grantor no later than the 150' of the previous month. Should excessive cash balances be
maintained, Grantee may be required to use the reimbursement process. Grantor must receive final request for
advance no later than July 15, 2006. Grantor must receive final request for reimbursement no later than
October 15, 2006.
F. The Grantee may not obligate or encumber grant funds after August 31, 2006. All obligations and
encumbrances must be liquidated or paid no later than October 15, 2006.
FY 2006 TANG Grant 1 of 10
No Text
G. Interest earned in excess of $100 must be returned to Grantor, per requirements in the State of Texas Uniform
Grant Management Standards (UGMS). All unexpended funds in excess of $25.00 must also be returned to
Grantor with the Final Financial Status Report (FSR). See Section VII. B. of this contract for FSR due dates.
H. The Grantee will add any program income to the funds committed to the grant, using such program income for
the purposes and under the conditions of the grant. The source and amount of the program income must be
explained in Section 9 of the TSLAC FSR form.
I. Per the approved grant application, funds are authorized according to the following budget:
Personnel
$54,176.00
Fringe Benefits
$18,262.00
Travel
$500.00
Equipment/Property
$0.00
Supplies
$436.00
Contractual
$0.00
Other
$0.00
Total Direct Costs
$73,374.00
Indirect Costs
$6,626.00
Total
$80,000.00
V. WRITTEN REQUEST FOR FISCAL AND PROGRAMMATIC CHANGES
The Grantee must request written prior approval for fiscal and/or programmatic changes as outlined in this Section.
Grantee must submit request for program and/or fiscal changes on the TANG Grant Program Revision Form. Under
no condition may a Grantee request to exceed the total grant amount. Grantor must receive all change requests on or
before July 31, 2006. Requests received after this date will be considered on a case -by -case basis. Grantee must
receive written approval from Grantor before obligating or expending grant funds under any of the
following conditions.
A. Fiscal changes must have an approved Budget Revision under the following conditions:
1. Making cumulative transfers among budget cost categories or projects which are expected to exceed ten
(10) percent of the total grant; and/or,
2. Transferring any funds into a budget cost category that currently equals zero ($0).
B. Programmatic changes to the approved TANG grant application must have written prior approval under any of
the following conditions:
1. Obtaining the services of a third party to perform activities that are central to the purposes of the grant;
and/or,
2. Changing the scope or objectives of the approved program, regardless of whether there is an associated
budget revision. A change in scope is a substantive difference in the approach or method used to reach
program objectives.
C. Changes to the items listed under the following cost categories are required if an item's cost or features are
substantially different from what the approved grant application specifies, or from a previously approved fiscal
or program revision. Note: Written prior approval is required for ALL changes involving the purchase of
computer equipment or Internet services. In addition, Grantee must comply with Internet Safety Certification
requirements, as further outlined in Section XII of this contract.
FY 2006 TANG Grant 2 of 10
1. Pre -award Costs
None
2. Insurance (if not required by the rant
None
3. Rearrangements and Alterations of Facilities
None
4. Equipment/Property
None
VI. EQUIPMENT AND PROPERTY REQUIREMENTS
A. All changes to items listed in the Equipment/Property category specified in Section IV. I. of this contract
require written prior approval. This category includes equipment, furniture, library materials, etc., purchased
wholly or in part with grant funds. The approved budget amount listed in Section N.I. plus any subsequently
approved Budget and/or Program Revisions, will be the total approved equipment expenditure amount. This is
defined as the cost of the equipment and/or property, including any cost necessary to put the item into service,
such as the cost of any modifications, attachments, accessories, or auxiliary apparatus necessary to make the
item usable for the purpose for which it is acquired. Ancillary charges, such as taxes, duty, protective in -transit
insurance, freight, and installation may be included in, or excluded from the expenditure cost in accordance
with the Grantee's regular accounting practices and Generally Accepted Accounting Practices (GAAP).
B. The Grantee will comply with UGMS Part III, Subpart C, Sec. 32 (d)(3) which requires certain items of
equipment to be maintained on inventory if the item's cost is above $500.
C. The Grantee agrees to submit the TSLAC Equipment/Property Acquired Form with the Final FSR, no later
than November 15, 2006, for all equipment/property purchased with grant funds during the FY06 grant year.
This list must balance with the equipment/property purchased under the approved grant application and all
subsequently approved Budget and/or Program Revisions.
D. Grantee must furnish a statement to Grantor certifying the governing entity's capitalization level with the
approved grant application or the first RFF submitted. Grantee agrees to maintain records on all
equipment/property with an acquisition cost above governing entity's capitalization level.
E. Subject to the obligations and conditions set forth in the UGMS Part III, Subpart C, Sec. 32, title to equipment
acquired under a grant will vest in the Grantee upon acquisition. Grantee must include any equipment/property
acquired with grant funds in the required bi-annual property inventory, and follow the UGMS.-Part III, Subpart
C, Sec. 32 (d) that requires the Grantee to reconcile the equipment/property records with a physical inventory
of the equipment/property every two years. This bi-annual inventory does not need to be submitted to Grantor,
but must be maintained by the grantee and will be subject to review by Grantor. When property is vested in the
Grantee, Grantee will dispose of equipment/property in accordance with the UGMS Part III, Subpart C, Sec.
32 (e). When the Grantee has been given federally- or state-owned equipment/property, Grantee will follow
the UGMS Part III, Subpart C, Sec. 32 (f).
VII. REPORTING REQUIREMENTS
The State Legislature has charged the Grantor with submitting performance measurement reports that specify the
level of services provided by its programs and services. In accepting these grant funds, the Grantee acknowledges
responsibility for performing certain services on behalf of the Grantor, as outlined in the approved Grant Application.
Therefore, the Grantee is responsible for submitting periodic reports that reflect the Grantee's level of performance
on these services to the Grantor. To comply with these requirements, the Grantee agrees to submit reports that are
timely, accurate, auditable, and consistent with definitions.
FY 2006 TANG Grant 3 of 10
A. The Grantee agrees to submit the quarterly Legislative Budget Board (LBB) Performance Target Report form
for the TANG Grants, including Explanation of Variance, to the Grantor on or before due dates listed in the
following schedule:
Reporting_ Period Due Date
September 1, 2005 - November 30, 2005 December 7, 2005
December 1, 2005 - February 28, 2006 March 7, 2006
March 1, 2006 - May 31, 2006 June 7, 2006
June 1, 2006 - August 31, 2006 September 7, 2006
B. The Grantee agrees to submit the TSLAC FSR form for the grant funded under this contract on or before the
due dates listed in the following schedule. Grantee should submit a Final FSR once all grant funds have been
expended and all program requirements are accomplished. Grantee should mark the last required FSR as
"Final" and not submit any subsequent FSR forms. Grantee will provide prompt and detailed financial reports
as requested by Grantor, in addition to the scheduled TSLAC FSR forms.
ReportinE Period Due Date
September 1, 2005 - November 30, 2005
December 30, 2005
December 1, 2005 - February 28, 2006
March 30, 2006
March 1, 2006 - May 31, 2006
June 30, 2006
June 1, 2006 - August 31, 2006
September 30, 2006
If necessary, a revised Final FSR must be submitted no later than November 15, 2006.
C. The Grantee will send the Grantor a copy of all management letters issued by an auditor with the reporting
package, UGMS Part IV, Subpart C, Sec. 320 (b), within 30 days of the audit. The audit's Schedule of
Expenditures of Federal and State Awards must list the amount of TSLAC awards expended for each award
year separately.
D. The Grantee will submit the required Workshop Reporting Forms to the Grantor for the period of September 1,
2004 to August 31, 2005. Workshop Reporting Forms should be submitted following each workshop, with all
forms submitted no later than September 30, 2005.
E. The Grantee agrees to submit an annual LSTA Project Report Form no later than September 30, 2006.
F. Grantee agrees to participate in Outcome Based Evaluation (OBE), as determined by Grantor, for the grant
period of September 1, 2005 to August 31, 2006.
VIII. GENERAL TERMS AND CONDITIONS
A. The Grantee will comply with the Technical Assistance Negotiated Grants Program Guidelines for SFY 2006.
B. The Grantee will comply with the Rules for Administering the Library Systems Act, Texas Administrative Code,
Chapter 2, Rule 2.119(d).
C. The Grantee will comply with the following parts of the Governor's Office of Budget and Planning, UGMS
revised June 2004, located at:
hyp.11www.governor. state.tx.us/divisions/state r� ants/guidelines/files/UGMS062004.doc.
Part I. Cost Principles for State and Local Governments and Other Affected Entities (Adapted from OMB
Circular A-87)
Part II. State Uniform Administrative Requirements for Grants and Cooperative Agreements (Adapted from
OMB Circulars A-102 and A-122)
Part III. State of Texas Single Audit Circular (Adapted from OMB Circular A-133)
FY 2006 TANG Grant 4 of 10
No Text
D. For grants funded with federal funds, the Grantee will also comply with the Office of Management and Budget
(OMB) Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations (revised 6/97),
located at: http://www.whitehouse.Qov/omb/grants/Qrants circulars.html.
E. The Grantee will comply with the Institute of Museum and Library Services' 45 Code of Federal Regulations,
Part 1183, Uniform Administrative Requirements for Grants and Cooperative Agreements to States and Local
Governments (adapted from OMB Circular A-102).
F. All publicity relating to the grant award must include acknowledgement of the IMLS and Texas State Library
and Archives Commission whenever possible and practical. Publicity includes, but is not limited to press
releases, media events, public events, displays in the benefiting library, announcements on the Grantee's
website, and materials distributed through the grant project. The Grantee will provide Grantor with one set of
all public relations materials produced under this grant with the Final FSR.
G. Grantee understands that acceptance of funds under this contract acts as acceptance of the authority of the
State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those
funds. Grantee further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct
of the audit or investigation, including providing all records requested. Grantee will ensure that this clause
concerning the authority to audit funds received indirectly by Sub -grantees through Grantee, and the
requirement to cooperate, is included in any sub -grant awarded.
H. The Grantee agrees to maintain all financial and programmatic records, supporting documents, statistical
records, and other records relating to this grant award according to Part III, Subpart C, Sec. 42 of UGMS. In
general, Grantees must maintain records for a minimum of three years from latter of the date the Grantee
submits to Grantor the Final FSR or the last single audit or audit report for the grant period.
I. The Grantee agrees to develop or revise, as necessary, any specific written documentation of its current
procedures for (1) collecting and reporting performance measures; (2) conducting a fixed asset inventory; and
or, (3) any other issues identified in Grantor's internal audit report of grant activities. Drafts of this procedural
documentation will be submitted to Grantor by dates established mutually between Grantor and Grantee.
Grantor will provide review and guidance to enable final versions to be approved on or before established
deadlines.
IX. ENFORCEMENT
A. Remedies for noncompliance. If a Grantee or Sub -grantee materially fails to comply with any term of an
award, whether stated in a state statute or regulation, an assurance, in a state plan or application, a notice of
award, or elsewhere, Grantor may take one or more of the following actions, or impose other sanctions, as
appropriate in the circumstances:
1. Temporarily withhold cash payments pending correction of the deficiency by the Grantee or Sub -grantee,
or more severe enforcement action by Grantor;
2. Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or
action not in compliance;
3. Wholly or partly suspend or terminate the current award for the Grantee's or Sub -grantee's program;
4. Withhold further awards for the program; or
5. Take other remedies that may be legally available.
B. Hearings_ appeals. In taking an enforcement action, Grantor will provide the Grantee or Sub -grantee an
opportunity for such hearing, appeal, or other administrative proceeding to which the Grantee or Sub -grantee
is entitled under any statute or regulation applicable to the action involved.
FY 2006 TANG Grant 5 of 10
C. Effects of suspension and termination. Costs of Grantee or Sub -grantee resulting from obligations incurred by
the Grantee or Sub -grantee during a suspension or after termination of an award are not allowable unless
Grantor expressly authorizes them in the notice of suspension or termination, or subsequently. Other Grantee
or Sub -grantee costs during suspension or after termination which are necessary, and not reasonably avoidable,
are allowable if.
1. The costs 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 Executive Order 12549 (see UGMS Part III, Subpart C, Sec 35) and state law.
X. CONTACTS AT TSLAC
Questions or concerns about programmatic issues, budget and or program revisions and all narrative reports should
be directed to this grant's Program Manager:
TANG Program Manager
Phone: 512-936-2236
Fax: 512-463-8800
E-mail: mwhitehead@tsl.state.tx.us
Questions or concerns about regulatory or financial issues should be directed to:
Manager, Accounting and Grants Department
Phone: 512-463-6626
Fax: 512-475-0185
E-mail: mmartin@tsl.state.tx.us
Documentation relating to required Requests for Funds, Financial Status Reports, and Equipment/Property Acquired
Report should be directed to:
Grants Accountant
Phone: 512-463-5472
Fax: 512-475-0185
E-mail: grants.accounting@tsl.state.tx.us
Payments from Grantee to Grantor, such as those for excess advanced funds or for interest earned on advanced
funds, should be mailed with a revised FSR, an explanation of the purpose of the payment, and the grant number.
This information shall be directed to:
Grants Accountant
Accounting and Grants Department
Texas State Library and Archives Commission
PO Box 12516
Austin, TX 78711-2516
FY 2006 TANG Grant 6 of 10
XI. APPLICABLE AND GOVERNING LAW
A. The laws of the State of Texas shall govern this grant. All duties of either party shall be legally performable in
Texas. The applicable law for any legal disputes arising out of this contract shall be the law of (and all actions
hereunder shall be brought in) the State of Texas, and the forum and venue for such disputes shall be Travis
County, District Court.
B. This grant is subject to availability of funds.
XII. GRANT CERTIFICATIONS
A. Grantor certifies that: (1) the services specified in the approved grant application and this contract are necessary and
essential for activities that are properly within the statutory functions and programs of the affected organizations; (2)
the services, supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of
Texas to be supplied under contract given to the lowest bidder; and, (3) the grant is in compliance with Texas
Government Code § 441.006, Texas Administrative Code Title XIII, §2.119(d), 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 UGMS.
B. The Grantee affirms that it has not given, offered to give, nor intends to give at any time hereafter, any economic
opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in
connection with this contract. The Grantee further affirms that its employees or agents shall neither solicit nor accept
gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to any sub -
agreements.
C. The Grantee certifies by this contract that no Federal appropriated funds have been paid or will be paid, by or on
behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the making of any Federal grant, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. If any funds other
than Federal appropriated funds have been paid or will be paid for such purpose, the Grantee shall complete and
submit OMB form SF-LLL, Disclosure of Lobbying Activities, in accordance with its instructions. The Grantee shall
require that the language of this certification be included in the award documents for all subawards at all tiers
(including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients
shall certify and disclose accordingly, as specified in Title 31 U.S. Code, Sec. 1352.
D. Grantee has provided to Grantor the mandatory Internet Safety Certification (Certification) that it is in compliance
with requirements of the Children's Internet Protection Act (CIPA) for any federal funds under this grant that will be
used to purchase computers used to access the Internet or pay for the direct costs of accessing the Internet. Grantee
agrees to collect, as required and appropriate, Certification forms from all libraries receiving benefits of federal
funds expended under this contract.
E. The Grantee certifies that no federal funds from this grant award will be made available for a public library, or
public elementary or secondary school library that does not currently receive E-rate services, to purchase computers
used to access the Internet or pay for the direct costs of accessing the Internet, unless the library has certified
compliance with the applicable CIPA requirements. Should federal funds awarded as part of this grant be used to
purchase computers for a public library, or public elementary or secondary school library that does not currently
receive E-rate services, to be used to access the Internet or pay for the direct costs of accessing the Internet, Grantee
will ensure Certification forms are received from all libraries receiving benefits of federal funds expended under this
contract.
F. The Grantee certifies all applicable activities related to this grant will be in compliance with the Copyright Law of
the United States (Title 17, U.S. Code).
G. In addition to federal requirements, state law requires a number of assurances from applicants for federal pass -
through or other state -appropriated funds. (UGMS Part III, Subpart B, Sec. 14 — State Assurances)
FY 2006 TANG Grant 7 of 10
(1) A subgrantee must comply with Texas Government Code, Chapter 573, Vernon's 1994, by ensuring that no
officer, employee, or member of the applicant's governing body or of the applicant's contractor shall vote or
confirm the employment of any person related within the second degree of affinity or the third degree of
consanguinity to any member of the governing body or to any other officer or employee authorized to
employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall
have been continuously employed for a period of two years, or such other period stipulated by local law,
prior to the election or appointment of the officer, employee, or governing body member related to such
person in the prohibited degree.
(2) A subgrantee must insure that all information collected, assembled or maintained by the applicant relative to
a project will be available to the public during normal business hours in compliance with Texas Government
Code, Chapter 552, Vernon's 1994, unless otherwise expressly prohibited by law.
(3) A subgrantee must comply with Texas Government Code, Chapter 551, Vernon's 1994, which requires all
regular, special or called meeting of governmental bodies to be open to the public, except as otherwise
provided by law or specifically permitted in the Texas Constitution.
(4) A subgrantee must comply with Section 231.006, Texas Family Code, which prohibits payments to a person
who is in arrears on child support payments.
(5) No health and human services agency or public safety or law enforcement agency may contract with or issue
a license, certificate or permit to the owner, operator or administrator of a facility if the license, permit or
certificate has been revoked by another health and human services agency or public safety or law
enforcement agency.
(6) A subgrantee that is a law enforcement agency regulated by Texas Government Code, Chapter 415, must be
in compliance with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and
Education pursuant to Chapter 415, Texas Government Code or must provide the grantor agency with a
certification from the Texas Commission on Law Enforcement Officer Standards and Education that the
agency is in the process of achieving compliance with such rules.
(7) When incorporated into a grant award or contract, standard assurances contained in the application package
become terms or conditions for receipt of grant funds. Administering state agencies and local subrecipients
shall maintain an appropriate contract administration system to insure that all terms, conditions. and
specifications are met. (See UGMS Part III, Subpart C, Sec. 36 for additional guidance on contract
provisions.)
(8) A subgrantee must comply with the Texas Family Code, Section 261.101 which requires reporting of all
suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child
Protective and Regulatory Services. Subgrantees shall also ensure that all program personnel are properly
trained and aware of this requirement.
(9) Subgrantees will comply with all federal statutes relating to nondiscrimination. These include but are not
limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the
basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20
U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504
of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis
of handicaps and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as
amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse
Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of
alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290
dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h)
Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to
FY 2006 TANG Grant 8 of 10
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.
(10) Subgrantees will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. § § 276a to
276a-7), the Copeland Act (40 U.S.C. § § 276c and 18 U.S.C. § § 874), and the Contract Work Hours and
Safety Standards Act (40 U.S.C. § § 327-333), regarding labor standards for federally assisted construction
subagreements.
(11) Subgrantees will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions 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.
(12) Subgrantees will comply with the provisions of the Hatch Political Activity Act (5 U.S.C. § 7321-29) which
limit the political activity of employees whose principal employment activities are funded in whole or in part
with Federal funds.
(13) Subgrantees will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor
Standards Act and the Intergovernmental Personnel Act of 1970, as applicable.
(14) Subgrantees will insure that the facilities under its ownership, lease or supervision which shall be utilized in
the accomplishment of the project are not listed on the Environmental Protections Agency's (EPA) list of
Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA. (EO 11738).
(15) Subgrantees will comply with the flood insurance purchase requirements of 102(a) of the Flood Disaster
Protection Act of 1973, Public Law 93-234. Section 102 (a) requires the purchase of flood insurance in
communities where such insurance is available as a condition for the receipt of any Federal financial
assistance for construction or acquisition proposed for use in any area that has been identified by the
Secretary of the Department of Housing and Urban Development as an area having special flood hazards.
(16) Subgrantees 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 (Clear Air) Implementation Plans under Section 176(c) of the Clear
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).
(17) Subgrantees 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.
(18) Subgrantees will assist the awarding agency in assuring compliance with Section 106 of the National
Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of
historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et
seq.).
(19) Subgrantees 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.
FY 2006 TANG Grant 9 of 10
(20) Subgrantees 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 residential structures.
(21) Subgrantees will comply with Public Law 103-277, also known as the Pro -Children Act of 1994 (Act), which
prohibits smoking within any portion of any indoor facility used for the provision of services for children as
defined by the Act.
(22) Subgrantees will comply with all federal tax laws and are solely responsible for filing all required state and
federal tax forms.
(23) Subgrantees will comply with all applicable requirements of all other federal and state laws, executive
orders, regulations and policies governing this program.
(24) The applicant must certify that they are not debarred or suspended or otherwise excluded from or ineligible
for participation in federal assistance programs.
(25) Subgrantees must adopt and implement applicable provisions of the model HIV/AIDS work place guidelines
of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et
seq.
SIGNATURES
GRANTOR GRANTEE
Texas State Library and Archives Commission City of
Edward Seidenberg, Assistant State Librari n
Signature @
to enter into
Date
Donna Osborne, C ief Fiscal Officer
�, 40r
Date
bock City -County Library
be an official empowered
Marc McDougal
Typewritten or Printed Name
Mayor
Title
Date
ATTEST:
Re cca Garza, City Secrefiaiq
FY 2006 TANG Grant 10 of 10
Resolution No. 2005-RO469 CONTRACT
TEXAS STATE LIBRARY & ARCHIVES COMMISSION 4
LIBRARY SYSTEM OPERATION GRANT
Grant Number: 470-06009
I. CONTRACTING PARTIES
Grantor: Texas State Library and Archives Commission (TSLAC)
Grantee: City of Lubbock, Lubbock City -County Library
1306 Ninth Street j;j(;jj4fi&
Lubbock, Texas 79401-2708
II. TERM OF GRANT
September 1, 2005, to August 31, 2006
III. STATEMENT OF SERVICES TO BE PERFORMED
Grant -funded activities shall support and encourage the active and successful participation by libraries in services
offered by the System and the Grantor. The Grantee will comply during the period of this contract and provide
services as outlined within the grant application (System Plan of Service for State FY06) as approved by the Grantor.
The approved Plan of Services submitted by Grantee becomes part of this contract by this reference.
IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS
A. The total amount of the grant shall not exceed: $373,151.00 VAA
B. Source of funds: 3 Z*5
Federal Funds CFDA # 45.310
Institute of Museum and Library Services, State Library Program (M-S)
Federal Fiscal Year 2005 C
General Revenue
State Fiscal Year 2006
C. The Grantee must request payments from Grantor on the TSLAC Form, Request for Funds (RFF). Requests
may be submitted to Grantor no more often than once per month, and no less often than once per quarter.
Funds will be paid to the Grantee provided Grantor has received a fully executed contract and Grantee has
fulfilled all requirements for preceding contracts.
D. The Grantee is restricted to one of two methods for requesting funds from Grantor. The Grantee may request
reimbursement of actual expenditures for the Grantee's normal billing cycle, or advance payment for estimated
expenditures to be incurred for the upcoming 30 days. Only Grantees that provide documentation to
demonstrate a lack of sufficient working capital, and the ability to minimize the time elapsing between transfer
of funds from Grantor and disbursement of grant funds will be allowed to request advance payments.
E. Payments of advance funds will be disbursed by the first working day of the advance period provided the RFF
Form is received by Grantor no later than the 15`b of the previous month. Should excessive cash balances be
maintained, Grantee may be required to use the reimbursement process. Grantor must receive final request for
advance no later than July 15, 2006. Grantor must receive final request for reimbursement no later than
October 15, 2006.
FY 2006 System Operations Grant 1 of 10
JA
m
F. The Grantee may not obligate or encumber grant funds after August 31, 2006. All obligations and
encumbrances must be liquidated or paid no later than October 15, 2006.
G. Interest earned in excess of $100 must be returned to Grantor, per requirements in the State of Texas Uniform
Grant Management Standards (UGMS). All unexpended funds in excess of $25.00 must also be returned to
Grantor with the Final Financial Status Report (FSR). See Section VIE. B. of this contract for FSR due dates.
H. The Grantee will add any program income to the funds committed to the grant, using such program income for
the purposes and under the conditions of the grant. The source and amount of the program income must be
explained in Section 9 of the TSLAC FSR form.
I. Per the approved grant application, funds are authorized according to the following budget:
Personnel
$119,076.00
Fringe Benefits
$39,482.00
Travel
$13,200.00
Equipment/Property
$1,500.00
Supplies
$113,346.00
Contractual
$50,442.00
Other
$5,200.00
Total Direct Costs
$342,246.00
Indirect Costs
$30,905.00
Total
$373,151.00
V. WRITTEN REQUEST FOR FISCAL AND PROGRAMMATIC CHANGES
The Grantee must request written prior approval for fiscal and/or programmatic changes as outlined in this Section.
Grantee must submit request for program and/or fiscal changes on the System Grant Program Revision Form. Under
no condition may a Grantee request to exceed the total grant amount. Grantor must receive all change requests on or
before July 31, 2006. Requests received after this date will be considered on a case -by -case basis. Grantee must
receive written approval from Grantor before obligating or expending grant funds under any of the
following conditions.
A. Fiscal changes must have an approved Budget Revision under the following conditions:
1. Making cumulative transfers among budget cost categories or projects which are expected to exceed ten
(10) percent of the total grant; and/or,
2. Transferring any funds into a budget cost category that currently equals zero ($0).
B. Programmatic changes to the approved application (System Plan of Service) must have written prior approval
under any of the following conditions:
1. Obtaining the services of a third party to perform activities that are central to the purposes of the grant;
and/or,
2. Changing the scope or objectives of the approved program, regardless of whether there is an associated
budget revision. A change in scope is a substantive difference in the approach or method used to reach
program objectives.
3. Changing key persons specified in the grant; System Coordinators (or Executive Directors) are
considered key personnel for the purpose of this section.
C. Changes to the items listed under the following cost categories are required if an item's cost or features are
substantially different from what the approved grant application specifies, or from a previously approved fiscal
or program revision. Note: Written prior approval is required for ALL changes involving the purchase of
computer equipment or Internet services. In addition, Grantee must comply with Internet Safety Certification
requirements, as further outlined in Section XII of this contract.
FY 2006 System Operations Grant 2 of 10
1. Pre -award Costs
None
2. Insurance (if not reguired by the grant)
None
3. Rearrangements and Alterations of Facilities
None
4. Eguipment/Propertx
Microcomputer & components $1,500.00
VI. EQUIPMENT AND PROPERTY REQUIREMENTS
A. All changes to items listed in the Equipment/Property category specified in Section IV. I. of this contract
require written prior approval. This category includes equipment, furniture, library materials, etc., purchased
wholly or in part with grant funds. The approved budget amount listed in Section N.I. plus any subsequently
approved Budget and/or Program Revisions, will be the total approved equipment expenditure amount. This is
defined as the cost of the equipment and/or property, including any cost necessary to put the item into service,
such as the cost of any modifications, attachments, accessories, or auxiliary apparatus necessary to make the
item usable for the purpose for which it is acquired. Ancillary charges, such as taxes, duty, protective in -transit
insurance, freight, and installation may be included in, or excluded from the expenditure cost in accordance
with the Grantee's regular accounting practices and Generally Accepted Accounting Practices (GAAP).
B. The Grantee will comply with UGMS Part III, Subpart C, Sec. 32 (d)(3) which requires certain items of
equipment to be maintained on inventory if the item's cost is above $500.
C. The Grantee agrees to submit the TSLAC Equipment/Property Acquired Form with the Final FSR, no later
than November 15, 2006, for all equipment/property purchased with grant funds during the FY06 grant year.
This list must balance with the equipment/property purchased under the approved grant application and all
subsequently approved Budget and/or Program Revisions.
D. Grantee must furnish a statement to Grantor certifying the governing entity's capitalization level with the
approved grant application or the first RFF submitted. Grantee agrees to maintain records on all
equipment/property with an acquisition cost above governing entity's capitalization level.
E. Subject to the obligations and conditions set forth in the UGMS Part III, Subpart C, Sec. 32, title to equipment
acquired under a grant will vest in the Grantee upon acquisition. Grantee must include any equipment/property
acquired with grant funds in the required bi-annual property inventory, and follow the UGMS Part III, Subpart
C, Sec. 32 (d) that requires the Grantee to reconcile the equipment/property records with a physical inventory
of the equipment/property every two years. This bi-annual inventory does not need to be submitted to Grantor,
but must be maintained by the grantee and will be subject to review by Grantor. When property is vested in the
Grantee, Grantee will dispose of equipment/property in accordance with the UGMS Part III, Subpart C, Sec.
32 (e). When the Grantee has been given federally- or state-owned equipment/property, Grantee will follow
the UGMS Part III, Subpart C, Sec. 32 (f).
VII. REPORTING REQUIREMENTS
The State Legislature has charged the Grantor with submitting performance measurement reports that specify the
level of services provided by its programs and services. In accepting these grant funds, the Grantee acknowledges
responsibility for performing certain services on behalf of the Grantor, as outlined in the approved Plan of Service.
Therefore, the Grantee is responsible for submitting periodic reports that reflect the Grantee's level of performance
on these services to the Grantor. To comply with these requirements, the Grantee agrees to submit reports that are
timely, accurate, auditable, and consistent with definitions.
FY 2006 System Operations Grant 3 of 10
A. The Grantee agrees to submit the quarterly Legislative Budget Board (LBB) Performance Target Report to the
Grantor on or before due dates listed in the following schedule:
ReportingP
Due Date
September 1, 2005 - November 30, 2005
December 7, 2005
December 1, 2005 - February 28, 2006
March 7, 2006
March 1, 2006 - May 31, 2006
June 7, 2006
June 1, 2006 - August 31, 2006
September 7, 2006
B. The Grantee agrees to submit the TSLAC FSR form for the grant funded under this contract no later than the
due dates listed in the following schedule. Grantee should submit a Final FSR once all grant funds have been
expended and all program requirements are accomplished. Grantee should mark the last required FSR as
"Final" and not submit any subsequent FSR forms.
Reoortinu Period Due Date
September 1, 2005 - November 30, 2005
December 30, 2005
December 1, 2005 - February 28, 2006
March 30, 2006
March 1, 2006 - May 31, 2006
June 30, 2006
June 1, 2006 - August 31, 2006
September 30, 2006
If necessary, a revised Final FSR must be submitted no later than November 15, 2006.
C. The Grantee will send the Grantor a copy of all management letters issued by an auditor with the reporting
package, UGMS Part IV, Subpart C, Sec. 320 (b), within 30 days of the audit. The audit's Schedule of
Expenditures of Federal and State Awards must list the amount of TSLAC awards expended for each award
year separately.
D. The Grantee will submit the required Workshop Reporting Forms to the Grantor for the period of September 1,
2004 to August 31, 2005. Workshop Reporting Forms should be submitted following each workshop, with all
forms submitted no later than September 30, 2005.
E. The Grantee agrees to submit the required Narrative Report to the Grantor twice during the grant period. The
first is due no later than March 31, 2006, and the final report is due no later than September 30, 2006.
F. Grantee agrees to participate in Outcome Based Evaluation (OBE), as determined by Grantor, for the grant
period of September 1, 2005 to August 31, 2006. Grantee will submit OBE report to Grantor no later than
September 30, 2006
VIII. GENERAL TERMS AND CONDITIONS
A. The Grantee will comply with the System Plan of Service Program Guidelines for SFY 2006.
B. The Grantee will comply with the Rules for Administering the Library Systems Act, Texas Administrative Code,
Chapter 1, Rules 1.91-1.97. Rule 1.97 (a) will not be applicable during the term of this grant.
C. The Grantee will comply with the following parts of the Governor's Office of Budget and Planning, UGMS
revised June 2004, located at:
http://Www.govemor.state. tx. us/divisions/stategrants/guidelines/files/UGMS062004.doc.
Part I. Cost Principles for State and Local Governments and Other Affected Entities (Adapted from OMB
Circular A-87)
Part H. State Uniform Administrative Requirements for Grants and Cooperative Agreements (Adapted from
OMB Circulars A-102 and A-122)
PartIII. State of Texas Single Audit Circular (Adapted from OMB Circular A-133)
FY 2006 System Operations Grant 4 of 10
D. For grants funded with federal funds, the Grantee will also comply with the Office of Management and Budget
(OMB) Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations (revised 6/97),
located at:
httyJ/www.whitehouse.Qov/omblerants/Qrants circulars.html.
E. The Grantee will comply with the Institute of Museum and Library Services' 45 Code of Federal Regulations,
Part 1183, Uniform Administrative Requirements for Grants and Cooperative Agreements to States and Local
Governments (adapted from OMB Circular A-102).
F. All publicity relating to the grant award must include acknowledgement of the Texas State Library and
Archives Commission whenever possible and practical. Publicity includes, but is not limited to press releases,
media events, public events, displays in the benefiting library, announcements on the Grantee's website, and
materials distributed through the grant project. The Grantee will provide Grantor with one set of all public
relations materials produced under this grant with the Final FSR.
G. Grantee understands that acceptance of funds under this contract acts as acceptance of the authority of the
State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those
funds. Grantee further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct
of the audit or investigation, including providing all records requested. Grantee will ensure that this clause
concerning the authority to audit funds received indirectly by Sub -grantees through Grantee, and the
requirement to cooperate, is included in any sub -grant awarded.
H. The Grantee agrees to maintain all financial and programmatic records, supporting documents, statistical
records, and other records relating to this grant award according to Part III, Subpart C, Sec. 42 of UGMS. In
general, Grantees must maintain records for a minimum of three years from latter of the date the Grantee
submits to Grantor the Final FSR or the last single audit or audit report for the grant period.
I. The Grantee agrees to develop or revise, as necessary, any specific written documentation of its current
procedures for (1) collecting and reporting performance measures; (2) conducting a fixed asset inventory; and
or, (3) any other issues identified in Grantor's internal audit report of grant activities. Drafts of this procedural
documentation will be submitted to Grantor by dates established mutually between Grantor and Grantee.
Grantor will provide review and guidance to enable final versions to be approved on or before established
deadlines.
IX. ENFORCEMENT
A. Remedies for noncompliance. If a Grantee or Sub -grantee materially fails to comply with any term of an
award, whether stated in a state statute or regulation, an assurance, in a state plan or application, a notice of
award, or elsewhere, Grantor may take one or more of the following actions, or impose other sanctions, as
appropriate in the circumstances:
1. Temporarily withhold cash payments pending correction of the deficiency by the Grantee or Sub -grantee,
or more severe enforcement action by Grantor;
2. Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or
action not in compliance;
3. Wholly or partly suspend or terminate the current award for the Grantee's or Sub -grantee's program;
4. Withhold further awards for the program; or
5. Take other remedies that may be legally available.
B. Hearings, appeals. In taking an enforcement action, Grantor will provide the Grantee or Sub -grantee an
opportunity for such hearing, appeal, or other administrative proceeding to which the Grantee or Sub -grantee
is entitled under any statute or regulation applicable to the action involved.
FY 2006 System Operations Grant 5 of 10
C. Effects of suspension and termination. Costs of Grantee or Sub -grantee resulting from obligations incurred by
the Grantee or Sub -grantee during a suspension or after termination of an award are not allowable unless
Grantor expressly authorizes them in the notice of suspension or termination, or subsequently. Other Grantee
or Sub -grantee costs during suspension or after termination which are necessary, and not reasonably avoidable,
are allowable if:
1. The costs resulting from obligations which were properly incurred by the Grantee or Sub -grantee before
the effective date of suspension or termination are not in anticipation of it and, in the case of a termination,
are noncancelable; and,
2. The costs would be allowable if the award were not suspended, or expired normally at the end of the
funding period in which the termination takes effect.
D. Relationship to Debarment and Suspension. The enforcement remedies identified in this section, including
suspension and termination, do not preclude Grantee or Sub -grantee from being subject to "Debarment and
Suspension" under Executive Order 12549 (see UGMS Part III, Subpart C, Sec 35) and state law.
X. CONTACTS AT TSLAC
Questions or concerns about programmatic issues, budget and or program revisions and any narrative reports should
be directed to this grant's Project Manager:
Library Systems Administrator
Phone: 512-936-2236
Fax: 512-463-8800
E-mail: mwhitehead@tsl.state.tx.us
Questions or concerns about regulatory or financial issues should be directed to:
Manager, Accounting and Grants Department
Phone: 512-463-6626
Fax: 512-475-0185
E-mail: mmartin@tsl.state.tx.us
Documentation relating to required Requests for Funds, Financial Status Reports, and Equipment/Property Acquired
Report should be directed to:
Grants Accountant
Phone: 512-463-5472
Fax: 512-475-0185
E-mail: grants.accounting@tsl.state.tx.us
Payments from Grantee to Grantor, such as those for excess advanced funds or for interest earned on advanced
funds, should be mailed with a revised FSR, an explanation of the purpose of the payment, and the grant number.
This information shall be directed to:
Grants Accountant
Accounting and Grants Department
Texas State Library and Archives Commission
PO Box 12516
Austin, TX 18711-2516
FY 2006 System Operations Grant 6 of 10
XI. APPLICABLE AND GOVERNING LAW
A. The laws of the State of Texas shall govern this grant. All duties of either party shall be legally performable in
Texas. The applicable law for any legal disputes arising out of this contract shall be the law of (and all actions
hereunder shall be brought in) the State of Texas, and the forum and venue for such disputes shall be Travis
County, District Court.
B. This grant is subject to availability of funds.
XII. GRANT CERTIFICATIONS
A. Grantor certifies that: (1) the services specified in the approved grant application and this contract are necessary and
essential for activities that are properly within the statutory functions and programs of the affected organizations; (2)
the services, supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of
Texas to be supplied under contract given to the lowest bidder; and, (3) the grant is in compliance with Texas
Government Code § 441.006, Texas Administrative Code Title XIII, §§1.91 — 1.97, 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 UGMS.
B. The Grantee affirms that it has not given, offered to give, nor intends to give at any time hereafter, any economic
opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in
connection with this contract. The Grantee further affirms that its employees or agents shall neither solicit nor accept
gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to any sub -
agreements.
C. The Grantee certifies by this contract that no Federal appropriated funds have been paid or will be paid, by or on
behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the making of any Federal grant, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. If any funds other
than Federal appropriated funds have been paid or will be paid for such purpose, the Grantee shall complete and
submit OMB form SF-LLL, Disclosure of Lobbying Activities, in accordance with its instructions. The Grantee shall
require that the language of this certification be included in the award documents for all subawards at all tiers
(including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients
shall certify and disclose accordingly, as specified in Title 31 U.S. Code, Sec. 1352.
D. Grantee has provided to Grantor the mandatory Internet Safety Certification (Certification) that it is in compliance
with requirements of the Children's Internet Protection Act (CIPA) for any federal funds under this grant that will be
used to purchase computers used to access the Internet or pay for the direct costs of accessing the Internet. Grantee
agrees to collect, as required and appropriate, Certification forms from all libraries receiving benefits of federal
funds expended under this contract.
E. The Grantee certifies that no federal funds from this grant award will be made available for a public library, or
public elementary or secondary school library that does not currently receive E-rate services, to purchase computers
used to access the Internet or pay for the direct costs of accessing the Internet, unless the library has certified
compliance with the applicable CIPA requirements. Should federal funds awarded as part of this grant be used to
purchase computers for a public library, or public elementary or secondary school library that does not currently
receive E-rate services, to be used to access the Internet or pay for the direct costs of accessing the Internet, Grantee
will ensure Certification forms are received from all libraries receiving benefits of federal funds expended under this
contract.
F. The Grantee certifies all applicable activities related to this grant will be in compliance with the Copyright Law of
the United States (Title 17, U.S. Code).
G. In addition to federal requirements, state law requires a number of assurances from applicants for federal pass -
through or other state -appropriated funds. (UGMS Part III, Subpart B, Sec. 14 — State Assurances)
FY 2006 System Operations Grant 7 of 10
(1) A subgrantee must comply with Texas Government Code, Chapter 573, Vernon's 1994, by ensuring that no
officer, employee, or member of the applicant's governing body or of the applicant's contractor shall vote or
confirm the employment of any person related within the second degree of affinity or the third degree of
consanguinity to any member of the governing body or to any other officer or employee authorized to
employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall
have been continuously employed for a period of two years, or such other period stipulated by local law,
prior to the election or appointment of the officer, employee, or governing body member related to such
person in the prohibited degree.
(2) A subgrantee must insure that all information collected, assembled or maintained by the applicant relative to
a project will be available to the public during normal business hours in compliance with Texas Government
Code, Chapter 552, Vernon's 1994, unless otherwise expressly prohibited by law.
(3) A subgrantee must comply with Texas Government Code, Chapter 551, Vernon's 1994, which requires all
regular, special or called meeting of governmental bodies to be open to the public, except as otherwise
provided by law or specifically permitted in the Texas Constitution.
(4) A subgrantee must comply with Section 231.006, Texas Family Code, which prohibits payments to a person
who is in arrears on child support payments.
(5) No health and human services agency or public safety or law enforcement agency may contract with or issue
a license, certificate or permit to the owner, operator or administrator of a facility if the license, permit or
certificate has been revoked by another health and human services agency or public safety or law
enforcement agency.
(6) A subgrantee that is a law enforcement agency regulated by Texas Government Code, Chapter 415, must be
in compliance with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and
Education pursuant to Chapter 415, Texas Government Code or must provide the grantor agency with a
certification from the Texas Commission on Law Enforcement Officer Standards and Education that the
agency is in the process of achieving compliance with such rules.
(7) When incorporated into a grant award or contract, standard assurances contained in the application package
become terms or conditions for receipt of grant funds. Administering state agencies and local subrecipients
shall maintain an appropriate contract administration system to insure that all terms, conditions. and
specifications are met. (See UGMS Part III, Subpart C, Sec. 36 for additional guidance on contract
provisions.)
(8) A subgrantee must comply with the Texas Family Code, Section 261.101 which requires reporting of all
suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child
Protective and Regulatory Services. Subgrantees shall also ensure that all program personnel are properly
trained and aware of this requirement.
(9) Subgrantees will comply with all federal statutes relating to nondiscrimination. These include but are not
limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the
basis of race, color or national origin; (b) Title DC of the Education Amendments of 1972, as amended (20
U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504
of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis
of handicaps and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as
amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse
Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of
alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290
dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h)
Title VIII 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
FY 2006 System Operations Grant 8 of 10
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.
(10) Subgrantees will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. § § 276a to
276a-7), the Copeland Act (40 U.S.C. § § 276c and 18 U.S.C. § § 874), and the Contract Work Hours and
Safety Standards Act (40 U.S.C. § § 327-333), regarding labor standards for federally assisted construction
subagreements.
(11) Subgrantees will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions 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.
(12) Subgrantees will comply with the provisions of the Hatch Political Activity Act (5 U.S.C. § 7321-29) which
limit the political activity of employees whose principal employment activities are funded in whole or in part
with Federal funds.
(13) Subgrantees will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor
Standards Act and the Intergovernmental Personnel Act of 1970, as applicable.
(14) Subgrantees will insure that the facilities under its ownership, lease or supervision which shall be utilized in
the accomplishment of the project are not listed on the Environmental Protections Agency's (EPA) list of
Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA. (EO 11738).
(15) Subgrantees will comply with the flood insurance purchase requirements of 102(a) of the Flood Disaster
Protection Act of 1973, Public Law 93-234. Section 102 (a) requires the purchase of flood insurance in
communities where such insurance is available as a condition for the receipt of any Federal financial
assistance for construction or acquisition proposed for use in any area that has been identified by the
Secretary of the Department of Housing and Urban Development as an area having special flood hazards.
(16) Subgrantees 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 (Clear Air) Implementation Plans under Section 176(c) of the Clear
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).
(17) Subgrantees 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.
(18) Subgrantees will assist the awarding agency in assuring compliance with Section 106 of the National
Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of
historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et
seq.).
(19) Subgrantees 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.
FY 2006 System Operations Grant 9 of 10
(20) Subgrantees 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 residential structures.
(21) Subgrantees will comply with Public Law 103-277, also known as the Pro -Children Act of 1994 (Act), which
prohibits smoking within any portion of any indoor facility used for the provision of services for children as
defined by the Act.
(22) Subgrantees will comply with all federal tax laws and are solely responsible for filing all required state and
federal tax forms.
(23) Subgrantees will comply with all applicable requirements of all other federal and state laws, executive
orders, regulations and policies governing this program.
(24) The applicant must certify that they are not debarred or suspended or otherwise excluded from or ineligible
for participation in federal assistance programs.
(25) Subgrantees must adopt and implement applicable provisions of the model HIV/AIDS work place guidelines
of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et
seq.
SIGNATURES
GRANTOR GRANTEE
Texas State Library and Archives Commission
j
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Edward Seidenberg, Assistant State Librarian
Date
Donna Osborne hief Fiscal Officer
Date
City of
official empowered
to enter into
Mra rr—Mr Dm jgd 1
Typewritten or Printed Name
Mayor
Title
f®
Date
ATTEST:
Rebecca Garza, City Secretar
FY 2006 System Operations Grant 10 of 10
Library
No Text
N ;
Resolution No. 2005-RO469
4
TEXAS STATE LIBRARY & ARCHIVES COMMISSION
TECHNICAL ASSISTANCE NEGOTIATED GRANT
Grant Number: 476-06019
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 ORIGINAL
September 1, 2005, to August 31, 2006
III. STATEMENT OF SERVICES TO BE PERFORMED
Grant -funded activities shall provide services as outlined in'the approved grant application. The Grantee will comply
during the period of this contract and provide services as outlined within the approved grant application (Technical
Assistance Negotiated Grant [TANG] for State FY06) as approved by the Grantor. The approved grant application
submitted by Grantee becomes part of this contract by this reference.
IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS
A. The total amount of the grant shall not exceed: $80,000.00
B. Source of funds:
Federal Funds, CFDA # 45.310 '0811
Institute of Museum and Library Services, State Library Program (MS)
Federal Fiscal Year 2005
C. The Grantee must request payments from Grantor on the TSLAC Form, Request for Funds (RFF). Requests
may be submitted to Grantor no more often than once per month, and no less often than once per quarter.
Funds will be paid to the Grantee provided Grantor has received a fully executed contract and Grantee has
fulfilled all requirements for preceding contracts.
D. The Grantee is restricted to one of two methods for requesting funds from Grantor. The Grantee may request
reimbursement of actual expenditures for the Grantee's normal billing cycle, or advance payment for estimated
expenditures to be incurred for the upcoming 30 days. Only Grantees that provide documentation to
demonstrate a lack of sufficient working capital, and the ability to minimize the time elapsing between transfer
of funds from Grantor and disbursement of grant funds will be allowed to request advance payments. Grantee
must provide requested level of detail for advances.
E. Payments of advance funds will be disbursed by the first working day of the advance period provided the RFF
Form is received by Grantor no later than the 15t' of the previous month. Should excessive cash balances be
maintained, Grantee may be required to use the reimbursement process. Grantor must receive final request for
advance no later than July 15, 2006. Grantor must receive final request for reimbursement no later than
October 15, 2006.
F. The Grantee may not obligate or encumber grant funds after August 31, 2006. All obligations and
encumbrances must be liquidated or paid no later than October 15, 2006.
FY 2006 TANG Grant 1 of 10
No Text
G. Interest earned in excess of $100 must be returned to Grantor, per requirements in the State of Texas Uniform
Grant Management Standards (UGMS). All unexpended funds in excess of $25.00 must also be returned to
Grantor with the Final Financial Status Report (FSR). See Section VII. B. of this contract for FSR due dates.
H. The Grantee will add any program income to the funds committed to the grant, using such program income for
the purposes and under the conditions of the grant. The source and amount of the program income must be
explained in Section 9 of the TSLAC FSR form.
I. Per the approved grant application, funds are authorized according to the following budget:
Personnel
$54,176.00
Fringe Benefits
$18,262.00
Travel
$500.00
Equipment/Property
$0.00
Supplies
$436.00
Contractual
$0.00
Other
$0.00
Total Direct Costs
$73,374.00
Indirect Costs
$6,626.00
Total
$80,000.00
V. WRITTEN REQUEST FOR FISCAL AND PROGRAMMATIC CHANGES
The Grantee must request written prior approval for fiscal and/or programmatic changes as outlined in this Section.
Grantee must submit request for program and/or fiscal changes on the TANG Grant Program Revision Form. Under
no condition may a Grantee request to exceed the total grant amount. Grantor must receive all change requests on or
before July 31, 2006. Requests received after this date will be considered on a case -by -case basis. Grantee must
receive written approval from Grantor before obligating or expending grant funds under any of the
following conditions.
A. Fiscal changes must have an approved Budget Revision under the following conditions:
1. Making cumulative transfers among budget cost categories or projects which are expected to exceed ten
(10) percent of the total grant; and/or,
2. Transferring any funds into a budget cost category that currently equals zero ($0).
B. Programmatic changes to the approved TANG grant application must have written prior approval under any of
the following conditions:
1. Obtaining the services of a third party to perform activities that are central to the purposes of the grant;
and/or,
2. Changing the scope or objectives of the approved program, regardless of whether there is an associated
budget revision. A change in scope is a substantive difference in the approach or method used to reach
program objectives.
C. Changes to the items listed under the following cost categories are required if an item's cost or features are
substantially different from what the approved grant application specifies, or from a previously approved fiscal
or program revision. Note: Written prior approval is required for ALL changes involving the purchase of
computer equipment or Internet services. In addition, Grantee must comply with Internet Safety Certification
requirements, as further outlined in Section XII of this contract.
FY 2006 TANG Grant 2 of 10
1. Pre -award Costs
None
2. Insurance (if not required by the rant)
None
3. Rearrangements and Alterations of Facilities
None
4. Equipment/Property
None
VI. EQUIPMENT AND PROPERTY REQUIREMENTS
A. All changes to items listed in the Equipment/Property category specified in Section IV. I. of this contract
require written prior approval. This category includes equipment, furniture, library materials, etc., purchased
wholly or in part with grant funds. The approved budget amount listed in Section N.I. plus any subsequently
approved Budget and/or Program Revisions, will be the total approved equipment expenditure amount. This is
defined as the cost of the equipment and/or property, including any cost necessary to put the item into service,
such as the cost of any modifications, attachments, accessories, or auxiliary apparatus necessary to make the
item usable for the purpose for which it is acquired. Ancillary charges, such as taxes, duty, protective in -transit
insurance, freight, and installation may be included in, or excluded from the expenditure cost in accordance
with the Grantee's regular accounting practices and Generally Accepted Accounting Practices (GAAP).
B. The Grantee will comply with UGMS Part III, Subpart C, Sec. 32 (d)(3) which requires certain items of
equipment to be maintained on inventory if the item's cost is above $500.
C. The Grantee agrees to submit the TSLAC Equipment/Property Acquired Form with the Final FSR, no later
than November 15, 2006, for all equipment/property purchased with grant funds during the FY06 grant year.
This list must balance with the equipment/property purchased under the approved grant application and all
subsequently approved Budget and/or Program Revisions.
D. Grantee must furnish a statement to Grantor certifying the governing entity's capitalization level with the
approved grant application or the first RFF submitted. Grantee agrees to maintain records on all
equipment/property with an acquisition cost above governing entity's capitalization level.
E. Subject to the obligations and conditions set forth in the UGMS Part III, Subpart C, Sec. 32, title to equipment
acquired under a grant will vest in the Grantee upon acquisition. Grantee must include any equipment/property
acquired with grant funds in the required bi-annual property inventory, and follow the UGMS.-.Part III, Subpart
C, Sec. 32 (d) that requires the Grantee to reconcile the equipment/property records with a physical inventory
of the equipment/property every two years. This bi-annual inventory does not need to be submitted to Grantor,
but must be maintained by the grantee and will be subject to review by Grantor. When property is vested in the
Grantee, Grantee will dispose of equipment/property in accordance with the UGMS Part III, Subpart C, Sec.
32 (e). When the Grantee has been given federally- or state-owned equipment/property, Grantee will follow
the UGMS Part III, Subpart C, Sec. 32 (f).
VII. REPORTING REQUIREMENTS
The State Legislature has charged the Grantor with submitting performance measurement reports that specify the
level of services provided by its programs and services. In accepting these grant funds, the Grantee acknowledges
responsibility for performing certain services on behalf of the Grantor, as outlined in the approved Grant Application.
Therefore, the Grantee is responsible for submitting periodic reports that reflect the Grantee's level of performance
on these services to the Grantor. To comply with these requirements, the Grantee agrees to submit reports that are
timely, accurate, auditable, and consistent with definitions.
FY 2006 TANG Grant 3 of 10
A. The Grantee agrees to submit the quarterly Legislative Budget Board (LBB) Performance Target Report form
for the TANG Grants, including Explanation of Variance, to the Grantor on or before due dates listed in the
following schedule:
Reporting Period Due Date
September 1, 2005 - November 30, 2005 December 7, 2005
December 1, 2005 - February 28, 2006 March 7, 2006
March 1, 2006 - May 31, 2006 June 7, 2006
June 1, 2006 - August 31, 2006 September 7, 2006
B. The Grantee agrees to submit the TSLAC FSR form for the grant funded under this contract on or before the
due dates listed in the following schedule. Grantee should submit a Final FSR once all grant funds have been
expended and all program requirements are accomplished. Grantee should mark the last required FSR as
"Final" and not submit any subsequent FSR forms. Grantee will provide prompt and detailed financial reports
as requested by Grantor, in addition to the scheduled TSLAC FSR forms.
Reportine Period Due Date
September 1, 2005 - November 30, 2005
December 30, 2005
December 1, 2005 - February 28, 2006
March 30, 2006
March 1, 2006 - May 31, 2006
June 30, 2006
June 1, 2006 - August 31, 2006
September 30, 2006
If necessary, a revised Final FSR must be submitted no later than November 15, 2006.
C. The Grantee will send the Grantor a copy of all management letters issued by an auditor with the reporting
package, UGMS Part IV, Subpart C, Sec. 320 (b), within 30 days of the audit. The audit's Schedule of
Expenditures of Federal and State Awards must list the amount of TSLAC awards expended for each award
year separately.
D. The Grantee will submit the required Workshop Reporting Forms to the Grantor for the period of September 1,
2004 to August 31, 2005. Workshop Reporting Forms should be submitted following each workshop, with all
forms submitted no later than September 30, 2005.
E. The Grantee agrees to submit an annual LSTA Project Report Form no later than September 30, 2006.
F. Grantee agrees to participate in Outcome Based Evaluation (OBE), as determined by Grantor, for the grant
period of September 1, 2005 to August 31, 2006.
VIII. GENERAL TERMS AND CONDITIONS
A. The Grantee will comply with the Technical Assistance Negotiated Grants Program Guidelines for SFY 2006.
B. The Grantee will comply with the Rules for Administering the Library Systems Act, Texas Administrative Code,
Chapter 2, Rule 2.119(d).
C. The Grantee will comply with the following parts of the Governor's Office of Budget and Planning, UGMS
revised June 2004, located at:
htty✓/www.Qovernor.state. tx. us/divisions/state2rants/Quidelines/filesVGMS062004.doe.
Part I. Cost Principles for State and Local Governments and Other Affected Entities (Adapted from OMB
Circular A-87)
Part II. State Uniform Administrative Requirements for Grants and Cooperative Agreements (Adapted from
OMB Circulars A-102 and A-122)
PartIII. State of Texas Single Audit Circular (Adapted from OMB Circular A-133)
FY 2006 TANG Grant 4 of 10
D. For grants funded with federal funds, the Grantee will also comply with the Office of Management and Budget
(OMB) Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations (revised 6/97),
located at: http://www.whitehouse.jzovlombljzrant&lkrants circulars.html.
E. The Grantee will comply with the Institute of Museum and Library Services' 45 Code of Federal Regulations,
Part 1183, Uniform Administrative Requirements for Grants and Cooperative Agreements to States and Local
Governments (adapted from OMB Circular A-102).
F. All publicity relating to the grant award must include acknowledgement of the IMLS and Texas State Library
and Archives Commission whenever possible and practical. Publicity includes, but is not limited to press
releases, media events, public events, displays in the benefiting library, announcements on the Grantee's
website, and materials distributed through the grant project. The Grantee will provide Grantor with one set of
all public relations materials produced under this grant with the Final FSR.
G. Grantee understands that acceptance of funds under this contract acts as acceptance of the authority of the
State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those
funds. Grantee further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct
of the audit or investigation, including providing all records requested. Grantee will ensure that this clause
concerning the authority to audit funds received indirectly by Sub -grantees through Grantee, and the
requirement to cooperate, is included in any sub -grant awarded.
H. The Grantee agrees to maintain all financial and programmatic records, supporting documents, statistical
records, and other records relating to this grant award according to Part III, Subpart C, Sec. 42 of UGMS. In
general, Grantees must maintain records for a minimum of three years from latter of the date the Grantee
submits to Grantor the Final FSR or the last single audit or audit report for the grant period.
I. The Grantee agrees to develop or revise, as necessary, any specific written documentation of its current
procedures for (1) collecting and reporting performance measures; (2) conducting a fixed asset inventory; and
or, (3) any other issues identified in Grantor's internal audit report of grant activities. Drafts of this procedural
documentation will be submitted to Grantor by dates established mutually between Grantor and Grantee.
Grantor will provide review and guidance to enable final versions to be approved on or before established
deadlines.
IX. ENFORCEMENT
A. Remedies for noncompliance. If a Grantee or Sub -grantee materially fails to comply with any term of an
award, whether stated in a state statute or regulation, an assurance, in a state plan or application, a notice of
award, or elsewhere, Grantor may take one or more of the following actions, or impose other sanctions, as
appropriate in the circumstances:
1. Temporarily withhold cash payments pending correction of the deficiency by the Grantee or Sub -grantee,
or more severe enforcement action by Grantor;
2. Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or
action not in compliance;
3. Wholly or partly suspend or terminate the current award for the Grantee's or Sub -grantee's program;
4. Withhold further awards for the program; or
5. Take other remedies that may be legally available.
B. Hearings, appeals. In taking an enforcement action, Grantor will provide the Grantee or Sub -grantee an
opportunity for such hearing, appeal, or other administrative proceeding to which the Grantee or Sub -grantee
is entitled under any statute or regulation applicable to the action involved.
FY 2006 TANG Grant 5 of 10
C. Effects of suspension and termination. Costs of Grantee or Sub -grantee resulting from obligations incurred by
the Grantee or Sub -grantee during a suspension or after termination of an award are not allowable unless
Grantor expressly authorizes them in the notice of suspension or termination, or subsequently. Other Grantee
or Sub -grantee costs during suspension or after termination which are necessary, and not reasonably avoidable,
are allowable if:
1. The costs 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 Executive Order 12549 (see UGMS Part III, Subpart C, Sec 35) and state law.
X. CONTACTS AT TSLAC
Questions or concerns about programmatic issues, budget and or prog am revisions and all narrative reports should
be directed to this grant's Program Manager:
TANG Program Manager
Phone:512-936-2236
Fax: 512-463-8800
E-mail: mwhitehead@tsl.state.tx.us
Questions or concerns about regulatory or financial issues should be directed to:
Manager, Accounting and Grants Department
Phone: 512-463-6626
Fax: 512-475-0185
E-mail: mmartin@tsl.state.tx.us
Documentation relating to required Requests for Funds, Financial Status Reports, and Equipment/Property Acquired
Report should be directed to:
Grants Accountant
Phone: 512-463-5472
Fax: 512-475-0185
E-mail: grants.accounting@tsl.state.tx.us
Payments from Grantee to Grantor, such as those for excess advanced funds or for interest earned on advanced
funds, should be mailed with a revised FSR, an explanation of the purpose of the payment, and the grant number.
This information shall be directed to:
Grants Accountant
Accounting and Grants Department
Texas State Library and Archives Commission
PO Box 12516
Austin, TX 78711-2516
FY 2006 TANG Grant 6 of 10
XI. APPLICABLE AND GOVERNING LAW
A. The laws of the State of Texas shall govern this grant. All duties of either party shall be legally performable in
Texas. The applicable law for any legal disputes arising out of this contract shall be the law of (and all actions
hereunder shall be brought in) the State of Texas, and the forum and venue for such disputes shall be Travis
County, District Court.
B. This grant is subject to availability of funds.
XII. GRANT CERTIFICATIONS
A. Grantor certifies that: (1) the services specified in the approved grant application and this contract are necessary and
essential for activities that are properly within the statutory functions and programs of the affected organizations; (2)
the services, supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of
Texas to be supplied under contract given to the lowest bidder; and, (3) the grant is in compliance with Texas
Government Code § 441.006, Texas Administrative Code Title XIII, §2.119(d), 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 UGMS.
B. The Grantee affirms that it has not given, offered to give, nor intends to give at any time hereafter, any economic
opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in
connection with this contract. The Grantee further affirms that its employees or agents shall neither solicit nor accept
gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to any sub -
agreements.
C. The Grantee certifies by this contract that no Federal appropriated funds have been paid or will be paid, by or on
behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the making of any Federal grant, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. If any funds other
than Federal appropriated funds have been paid or will be paid for such purpose, the Grantee shall complete and
submit OMB form SF-LLL, Disclosure of Lobbying Activities, in accordance with its instructions. The Grantee shall
require that the language of this certification be included in the award documents for all subawards at all tiers
(including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients
shall certify and disclose accordingly, as specified in Title 31 U.S. Code, Sec. 1352.
D. Grantee has provided to Grantor the mandatory Internet Safety Certification (Certification) that it is in compliance
with requirements of the Children's Internet Protection Act (CIPA) for any federal funds under this grant that will be
used to purchase computers used to access the Internet or pay for the direct costs of accessing the Internet. Grantee
agrees to collect, as required and appropriate, Certification forms from all libraries receiving benefits of federal
funds expended under this contract.
E. The Grantee certifies that no federal funds from this grant award will be made available for a public library, or
public elementary or secondary school library that does not currently receive E-rate services, to purchase computers
used to access the Internet or pay for the direct costs of accessing the Internet, unless the library has certified
compliance with the applicable CIPA requirements. Should federal funds awarded as part of this grant be used to
purchase computers for a public library, or public elementary or secondary school library that does not currently
receive E-rate services, to be used to access the Internet or pay for the direct costs of accessing the Internet, Grantee
will ensure Certification forms are received from all libraries receiving benefits of federal funds expended under this
contract.
F. The Grantee certifies all applicable activities related to this grant will be in compliance with the Copyright Law of
the United States (Title 17, U.S. Code).
G. In addition to federal requirements, state law requires a number of assurances from applicants for federal pass -
through or other state -appropriated funds. (UGMS Part III, Subpart B, Sec. 14 — State Assurances)
FY 2006 TANG Grant 7 of 10
(1) A subgrantee must comply with Texas Government Code, Chapter 573, Vernon's 1994, by ensuring that no
officer, employee, or member of the applicant's governing body or of the applicant's contractor shall vote or
confirm the employment of any person related within the second degree of affinity or the third degree of
consanguinity to any member of the governing body or to any other officer or employee authorized to
employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall
have been continuously employed for a period of two years, or such other period stipulated by local law,
prior to the election or appointment of the officer, employee, or governing body member related to such
person in the prohibited degree.
(2) A subgrantee must insure that all information collected, assembled or maintained by the applicant relative to
a project will be available to the public during normal business hours in compliance with Texas Government
Code, Chapter 552, Vernon's 1994, unless otherwise expressly prohibited by law.
(3) A subgrantee must comply with Texas Government Code, Chapter 551, Vernon's 1994, which requires all
regular, special or called meeting of governmental bodies to be open to the public, except as otherwise
provided by law or specifically permitted in the Texas Constitution.
(4) A subgrantee must comply with Section 231.006, Texas Family Code, which prohibits payments to a person
who is in arrears on child support payments.
(5) No health and human services agency or public safety or law enforcement agency may contract with or issue
a license, certificate or permit to the owner, operator or administrator of a facility if the license, permit or
certificate has been revoked by another health and human services agency or public safety or law
enforcement agency.
(6) A subgrantee that is a law enforcement agency regulated by Texas Government Code, Chapter 415, must be
in compliance with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and
Education pursuant to Chapter 415, Texas Government Code or must provide the grantor agency with a
certification from the Texas Commission on Law Enforcement Officer Standards and Education that the
agency is in the process of achieving compliance with such rules.
(7) When incorporated into a grant award or contract, standard assurances contained in the application package
become terms or conditions for receipt of grant funds. Administering state agencies and local subrecipients
shall maintain an appropriate contract administration system to insure that all terms, conditions. and
specifications are met. (See UGMS Part III, Subpart C, Sec. 36 for additional guidance on contract
provisions.)
(8) A subgrantee must comply with the Texas Family Code, Section 261.101 which requires reporting of all
suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child
Protective and Regulatory Services. Subgrantees shall also ensure that all program personnel are properly
trained and aware of this requirement.
(9) Subgrantees will comply with all federal statutes relating to nondiscrimination. These include but are not
limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the
basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20
U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504
of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis
of handicaps and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as
amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse
Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of
alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290
dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h)
Title VHI of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to
FY 2006 TANG Grant 8 of 10
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.
(10) Subgrantees will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. § § 276a to
276a-7), the Copeland Act (40 U.S.C. § § 276c and 18 U.S.C. § § 874), and the Contract Work Hours and
Safety Standards Act (40 U.S.C. § § 327-333), regarding labor standards for federally assisted construction
subagreements.
(11) Subgrantees will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions 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.
(12) Subgrantees will comply with the provisions of the Hatch Political Activity Act (5 U.S.C. § 7321-29) which
limit the political activity of employees whose principal employment activities are funded in whole or in part
with Federal funds.
(13) Subgrantees will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor
Standards Act and the Intergovernmental Personnel Act of 1970, as applicable.
(14) Subgrantees will insure that the facilities under its ownership, lease or supervision which shall be utilized in
the accomplishment of the project are not listed on the Environmental Protections Agency's (EPA) list of
Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA. (EO 11738).
(15) Subgrantees will comply with the flood insurance purchase requirements of 102(a) of the Flood Disaster
Protection Act of 1973, Public Law 93-234. Section 102 (a) requires the purchase of flood insurance in
communities where such insurance is available as a condition for the receipt of any Federal financial
assistance for construction or acquisition proposed for use in any area that has been identified by the
Secretary of the Department of Housing and Urban Development as an area having special flood hazards.
(16) Subgrantees 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 (Clear Air) Implementation Plans under Section 176(c) of the Clear
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).
(17) Subgrantees 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.
(18) Subgrantees will assist the awarding agency in assuring compliance with Section 106 of the National
Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of
historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et
seq.).
(19) Subgrantees 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.
FY 2006 TANG Grant 9 of 10
(20) Subgrantees 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 residential structures.
(21) Subgrantees will comply with Public Law 103-277, also known as the Pro -Children Act of 1994 (Act), which
prohibits smoking within any portion of any indoor facility used for the provision of services for children as
defined by the Act.
(22) Subgrantees will comply with all federal tax laws and are solely responsible for filing all required state and
federal tax forms.
(23) Subgrantees will comply with all applicable requirements of all other federal and state laws, executive
orders, regulations and policies governing this program.
(24) The applicant must certify that they are not debarred or suspended or otherwise excluded from or ineligible
for participation in federal assistance programs.
(25) Subgrantees must adopt and implement applicable provisions of the model HIV/AIDS work place guidelines
of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et
seq.
SIGNATURES
GRANTOR GRANTEE
Texas State Library and Archives Commission City of
Edward Seidenberg, Assistant State Librari n Signature 0
to enter into
Date
Donna Osborne, C ief Fiscal Officer
�, 40r
Date
City -County Library
be an official empowered
Marc McDougal
Typewritten or Printed Name
Mayor
Title
Date
ATTEST:
Rebtcca Garza, City SecretaFk
FY 2006 TANG Grant 10 of 10