HomeMy WebLinkAboutResolution - 2002-R0351 - Library System Operation Grant Agreement. - 09_17_2002Resolution No. 2002-RO351
September 17, 2002
Item No. 33
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 17th da3
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Shannon Elrod
Co -Interim Library Director
APPROVED AS TO FORM:
r
John M. Knight
Assistant City Attorney
JMK:tk Cityatt/John & ccdocs/1:jbraryGrants-2002.res
September 4, 2002
Resolution No. 2002-RO351
TEXAS STATE LIBRARY & ARCHIVES COMMISSION
LIBRARY SYSTEM OPERATION GRANT
Grant # 470-03009
I. CONTRACTING PARTIES
Grantor: Texas State Library and Archives Commission (TSLAC)
Grantee: City of Lubbock, Lubbock City -County Library
1306 Ninth Street
Lubbock, Texas 79401-2708
II. TERM OF GRANT
September 1, 2002, to August 31, 2003
III. GRANTOR CERTIFICATION
The Grantor certifies that (1) the services specified below are necessary and essential for activities
that are properly within the statutory functions and programs of the affected organizations; (2) the
services, supplies or materials contracted for are not required by Section 21 of Article 16 of the
Constitution of Texas to be supplied under contract given to the lowest bidder; and (3) the grant is in
compliance with Texas Government Code § 441.121 et. seq., the Library System Act; Texas
Government Code § 441.006, General Powers and Duties; P.L. 104-208, the Library Services and
Technology Act (LSTA); the State Plan for the LSTA in Texas; and, the Uniform Grant
Management Standards (UGMS).
IV. GRANT AMOUNTS
A. The total amount of the grant shall not exceed: $407,783
B. Source of funds:
CFDA # 45.310
Institute of Museum and Library Services, State Library Program
Federal Fiscal Year 2002 Carryover
General Revenue
State Fiscal Year 2003
Page 1 of 9
Fiscal Year 2003 Library System Operation Grant
SYSTEM: WTLS
Budget Information Form 2003
Budget
Appendix H
EXPENSE
Limited
Networked
CATEGORY
Admin
Audio
CD
Cons
CE
LIT
English
Publicity
Resources
TOTAL
Personnel
46,406
3,342
668
36,931
13,647
0
0
0
13,356
114,350
Fringe
Benefits
11,196
1,126
225
12,014
4,551
0
0
0
2,054
31,166
Travel
5,500
0
0
4,000
400
0
0
0
3,300
13,200
Equipment
3,135
0
.0
0
0
0
0
0
0
3,135
Supplies
3,100
13,500
115,341
1,100
175
9,000
5,100
7,000
700
155,016
Contractual
8,136
0
39,306
0
4,500
0
0
0
0
51,942
Other
TOTAL DIRECT
CHARGES
5,200 0 0 0 0 0 0 0 0 5,200
82,673 17,968 155,540 54,045 23,273 9,000 5,100 7,000 19,410 374,009
Indirect Charges*
7,465
1,623
14,045
4,980
2,102
813
461
632
1,753
33,774
TOTALS
90,138
19,591
169,585
58,925
25,375
9,813
5,561
7,632
21,163
407,783
*Explain Indirect
Charge and How
Calculated
Change Projects to Reflect Those Projects Systems are Actually Providing.
Page 2 of 9 H-2
TSLAC's accounting coding:
Index Code 24702, Object Code 7611
Index Code 24701, Object Code 7611
Of the total amount awarded for all System Operation Grants, 62.85% is from Federal L.S.T.A.
funds (P.L. 104-208) and 37.15% is from State General Revenue. An individual Grantee's
disbursement may vary.
V. WRITTEN PRIOR APPROVALS FOR FISCAL AND PROGRAMMATIC CHANGES
A. The Grantor must give written prior approval for any of the following fiscal changes:
1. Making cumulative transfers among budget cost categories or projects which are expected
to exceed ten (10) percent of the total grant.
2. Transferring any funds into a budget cost category that equals zero ($0). .
Written prior approval is to be requested on the Prior Approval Request form when nearing the
10% limit or the end of the grant term. This provision does not allow the grant to be exceeded.
B. The Grantor must give written prior approval for any of the following programmatic changes to
the application (System Plan of Service):
1. Obtaining the services of a third party to perform activities which are central to the
purposes of the grant.
2. Changing the scope or objectives (regardless of whether there is an associated budget
revision). A change in scope is a substantive difference in the approach or method used to
reach program objectives.
Written prior approval is to be requested on the Prior Approval Request form.
C. The Grantor hereby gives approval for the items listed under the cost categories outlined below.
Before the Grantee obligates or expends grant funds for additional items in the following cost
categories, the Grantor must give written prior approval. Written prior approval is to be
requested on the Prior Approval Request form. Written prior approval is also required if an
item's cost or features are substantially different from what the grant specifies or from a previous
Prior Approval Request. All prior approvals must be requested by August 1, 2003. Approvals
received after this date will be considered on a case -by -case basis.
COST CATEGORIES
1. Preaward Costs
None
2. insurance r • . W
None
3. Rearranizements and Alterations of Facilities
None
Page 3 of 9
Fiscal Year 2003 Library System Operation Grant
4. Eauipment/Property
Administration 1 Computer w/accessories $3,135
Subject to the obligations and conditions set forth in the Uniform Grant Management Standards
(UGMS) Section III, Subpart C.32 (a), title to equipment acquired under a grant will vest upon
acquisition in the Grantee.
Each piece of equipment/property is an article of nonexpendable, tangible personal property having a
useful life of more than one year and an acquisition cost that exceeds the capitalization amount
established by Grantee's governing entity. Grantee must furnish a statement to Grantor certifying the
governing entity's capitalization level with the Prior Approval Request Form. Equipment/property
includes furniture, library materials, etc. purchased wholly or in part with grant funds. The prior
approval amount is the capital expenditure, which means the cost of the equipment/property including
the cost to put it in place. Capital expenditure for equipment/property means the net invoice price of
the uipment/property, including the cost of any modifications, attachments, accessories, or auxiliary
apparatus necessary to make it usable for the purpose for which it is acquired. Ancillary charges, such
as taxes, duty, protective in transit insurance, freight, and installation may be included in, or excluded
from, capital expenditure cost in accordance with the Grantee's regular accounting practices.
VI. STATEMENT OF SERVICES TO BE PERFORMED
A. The Grantee will comply during the period of this contract and provide services outlined within
the application (System Plan of Service for State FY03) as approved by the Grantor. System
activities shall support and encourage the active and successful participation by libraries in
services offered by the System and the Grantor.
B. In the event the TSLAC receives contingency funds outlined in Rider 8, of the General
Appropriations Act, 77th Legislature, the Grantee agrees to modify the approved System Plan of
Service to comply with requirements for expending these funds.
VII. TERMS AND CONDITIONS
A. The Grantee will comply with the System Plan of Service Program Guidelines for SFY 2003,
except as outlined in Section VI, paragraph B.
B. The Grantee will comply with the Rules for Administering the Library Systems Act. Note that
Rule 1.97 (a) will not be applicable during the term of this grant.
C. The Grantee will comply with the following two parts of the Governor's Office of Budget and
Planning Uniform Grant Management Standards (UGMS), revised January 2001, located at
http: //www. governor.state. tx. uslstategrantslUGMS012001. doc.
1. Cost Principles for State and Local Governments and Other Affected Entities
(adapted from OMB Circular A-87)
2. State Uniform Administrative Requirement for Grants and Cooperative Agreements
(adapted from OMB Circular A-102)
Page 4 of 9
Fiscal Year 2003 Library System Operation Grant
For grants funded with state funds, the Granteewill comply with the third part of UGMS, the
State of Texas Single Audit Circular. For grants funded with federal funds, the Grantee will
comply with the Office of Management and Budget (OMB) Circular A-133, Audits of States,
Local Governments, and Non -Profit Organizations (revised 6/97), located at
http: //www. whitehouse.gov/OMB/circulars.
D. The Grantee will comply with the Institute of Museum and Library Services' 45 Code of Federal
Regulations, Part 1183, Uniform Administrative Requirements for Grants and Cooperative
Agreements to States and Local Governments (adapted from OMB Circular A-102).
E. The Grantee will send the Grantor a copy of any management letters issued by the auditor with
the reporting package (or written notification, as applicable). The audit's Schedule of
Expenditures of Federal and State Awards will list the amount of awards expended for each
award year separately.
F. The Grantee may not obligate grant funds after August 31, 2003. By October 31, 2003, all obligations
must be liquidated. Final request for advance must be received by Grantor on or before August 1,
2003. All unexpended funds must be returned to the Grantor along with the final
report due November 15, 2003. Final request for reimbursement must be received no later than
October 15, 2003.
G. The Grantee will add any program income to the funds committed to the grant, using such
program income for the purposes and under the, conditions of the grant. The source and amount
of the program income must be explained in box 12 of the quarterly Financial Status Report.
H. All publicity relating to the grant award must include acknowledgement of the Institute of
Museum and Library Services and the Texas State Library and Archives Commission whenever
possible and practical. Publicity includes but is not limited to press releases, media events,
public events, displays in the library, announcemerits on the library's website, and materials
distributed through the grant project.
I. The Grantee certifies by this contract that it will comply with the Assurances — Non -
Construction programs (OMB Standard Form 124B), the Certification Regarding Debarment,
Suspension, ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, and the
Certification Regarding Lobbying as submitted to the Grantor. Additional assurances are listed
in UGMS, Subpart B.14.
J. The Grantee affirms that it has not given, offered to give, nor intends to give at any time
hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount,
trip, favor or service to a public servant in connection with this contract. The grantee further
affirms that its employees or agents shall neither solicit nor accept gratuities, favors or anything
of monetary value from contractors, potential contractors or parties to subagreements.
K. The Grantee agrees to provide the Grantor with one (1) set of any public relations materials
produced under this grant.
Page 5 of 9
Fiscal Year 2003 Library System Operation Grant
L. The Grantee agrees to maintain records on all equipment/property with an acquisition cost above
governing entity's capitalization level. The UGMS Subpart C, Sec. 32, (d) requires the grantee
to reconcile the equipment/property records with a physical inventory of the equipment/property
every two years. This biennial inventory does not need to be submitted to the grantor, but must
be maintained by the grantee and will be subject to review by the grantor.
The UGMS Subpart C, Sec. 32, (d) (3) requires certain items of equipment (stereo systems, still
and video cameras, facsimile machines, VCRs and VCR/TV combinations, and cellular and
portable telephones) to be maintained on inventory if their cost is above $500, or if they could be
easily lost or stolen.
Subject to the obligations and conditions set forth in the UGMS Section III, Subpart C, Sec. 32
(a), title to equipment acquired under a grant will vest upon acquisition in the Grantee.
When property is vested in the Grantee, the Grantee will dispose of equipment/property in
accordance with the UGMS Subpart C, Sec. 32, (e). When the Grantee has been given federal or
state equipment/property, the UGMS Subpart C, Sec. 32, (f) will be followed.
M. The Grantee agrees to submit the Equipment/Property Acquired form by October 31, 2003, for all
equipment/property purchased during that grant year. This list must balance with the
equipment/property purchased with prior approval amounts.
N. The Grantee agrees to submit the Key Performance Target Report to the Grantor according to
the following schedule:
deporting Perid Due Date
September 1, 2002- November 30, 2002 December 6, 2002
December 1, 2002 - February 28, 2003 March 6, 2003
March 1, 2003 - May 31, 2003 June 6, 2003
June 1, 2003 - August 31, 2003 September 5, 2003
The State Legislature has charged the Grantor with submitting performance measurement
reports that specify the level of services provided by its programs and services. The Grantee
agrees to submit reports that are timely, accurate, auditable, and consistent with definitions.
O. The Grantee agrees to submit the Uniform Statistical Reporting Form for Systems to the
Grantor monthly, by the end of the following month.
P. The Grantee agrees to submit the quarterly Financial Status Report for each project funded
under this contract according to the following schedule:
September 1, 2002 - November 30, 2002 December 27, 2002
December 1, 2002 - February 28, 2003 March 28, 2003
March 1, 2003 - May 31, 2003 June 27, 2003
June 1, 2003- August 31, 2003 September 26, 2003
A fuW Financial Status Report is due by November 15, 2003.
Page 6 of 9
Fiscal Year 2003 Library System Operation Grant
Q. The Grantee will submit the Local/Systems Objectives Report to the grantor. This report may
be submitted monthly with the Uniform Statistical Report, or quarterly with the Key
Performance Target Report.
R. The Grantee will submit the Workshop Reporting Form to the grantor for the period of
September 1, 2002, to August 31, 2003, on or before September 28, 2003.
S. The Grantee agrees to submit the Narrative Report to the Grantor twice during the grant period.
The first is due March 28,, 2003 and the final report is due September 26, 2003.
T. The Grantee is restricted to one of two methods for requesting funds from the grantor. The
Grantee may request an advance payment for estimated expenditures to be incurred for the
upcoming 30 days, or request a reimbursement of the actual expenditures for the grantee's
normal billing cycle.
The Grantee will request payment on the OMB Standard Form 270, Request for Advance or
Reimbursement, using box 12 rather than box 11 if requesting funds in advance. Requests may be made
monthly, quarterly or any other time period, but not more than once a month.
To request funds, Form 270 is due to the Grantor by the 15`h of the month. If requesting a reimbursement,
the funds will usually be received by the Grantee within 10 days after TSLAC receives the funds from the
federal government. If requesting an advance, the Grantee must follow procedures that minimize the time
elapsing between the receipt and the disbursement of advanced grant funds. Requests for advance funds
will be disbursed by the first working day of the advance period on the request.
VIII. ENFORCEMENT
A. Remedies for noncompliance. If a grantee or subgrantee materially fails to comply with any term of
an award, whether stated in a federal or state statute or regulation, an assurance, in a state plan or
application, a notice of award, or elsewhere, the awarding agency may take one or more of the
following actions, or impose other sanctions, as appropriate in the circumstances:
(1) Temporarily withhold cash payments pending correction of the deficiency by the grantee or
subgrantee or more severe enforcement action by the awarding agency,
(2) Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the
activity or action not in compliance,
(3) Wholly or partly suspend or terminate the current award for the grantee's or subgrantee's program,
(4) Withhold further awards for the program, or
(5) Take other remedies that may be legally available.
Page 7 of 9
Fiscal Year 2003 Library System Operation Grant
B. Hearings, appeals. In taking an enforcement action, the awarding agency will provide the grantee or
subgrantee an opportunity for such hearing, appeal, or other administrative proceeding to which the
grantee or subgrantee is entitled under any statute or regulation applicable to the action involved.
C. Effects of suspension and termination. Costs of grantee or subgrantee resulting from obligations
incurred by the grantee or subgrantee during a suspension or after termination of an award are not
allowable unless the awarding agency expressly authorizes them in the notice of suspension or
termination or subsequently. Other grantee or subgrantee 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 subgrantee
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.
Relationship to Debarment and Suspension. The enforcement remedies identified in this section,
including suspension and, termination, do not preclude grantee or subgrantee from being subject to
"Debarment and Suspension" under E.O. 12549 (see Section .35) and state law.
IX. CONTACTS AT TSLAC
Questions or concerns about programmatic issues and Prior Approval Requests should be directed to
this grant's Project Manager:
Wendy Clark
Library Systems Administrator
Phone: 512-936-2236
Fax: 512-463-8800
E-mail: wendy.clark@tsl.state.tx.us
Questions or concerns about regulatory or financial issues should be directed to:
Cynthia Alvarez -Mack
Manager of Accounting and Grants Department
Phone: 512-463-6626
E-mail: camack@tsl.state.tx.us
Fax Requests for Reimbursement/Advance, Financial Status Reports, Workshop Report Forms,
monthly Uniform Statistical Reports, annual Property/Inventory Reports and other miscellaneous
forms and reports to:
April Kral
Grants Accountant
Phone: 512-463-5472
Fax: 512-475-0185
E-mail: akralnao.tsl.state.tx.us
Page 8 of 9
Fiscal Year 2003 Library System Operation
Payments to the Grantor, such as those for excess advanced funds or for interest earned each
quarter on advanced funds, should be mailed with an explanation of the purpose of the payment
and the grant number to:
Grants Accountant
Accounting and Grants Department
Texas State Library and Archives Commission
PO Box 12516
Austin, TX 78711-2516
X. APPLICABLE AND GOVERNING LAW
A. This grant shall be governed by the laws of the State of Texas. All duties of either party shall be
legally performable in Texas. The applicable law for any legal disputes arising out of this
contract shall be the law of (and all actions hereunder shall be brought in) the State of Texas, and
the forum and venue for such disputes shall be Travis County, District Court.
B. This grant is subject to availability of funds.
XI. SIGNATURES
GRANTOR
GRANTEE
Texas State Library and Archives Commission City of Lub
f, �'-1 AAzn, -
Edward Seidenberg, Assistant State Ilibrarian
!b.101-OZ
Date
Do a Os e, hief F's al Officer
Date
Page 9 of 9
Fiscal Year 2003 Library System Operation Grant
to
City -County Library
an official empowered
MARC MCDOUGAL
Typewritten or Printed Name
MAYOR
Title
September 17, 2002
Date
ATTEST: Rebecca arza. City Secretary
CERTIFICATION REGARDING LOBBYING
for
CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
(Required for grants exceeding $100,000)
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the making of any Federal grant, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
grant or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal grant or cooperative agreement, the undersigned shall complete and
submit Standard Form -LLL, 'Disclosure Form to Report Lobbying,' in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subgrants, contracts under grants and
cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed by the Texas State
Library when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure. c-1�
h1 ?O" Imo- �-fr/,� I6 -14J
Name and Title of Authorized Representative
Signature
Date
34 CFR 81110 TSL 9304 FY99\0rantsTonns\Certification Regarding Lobbying.doc
OMB Approval No. 0348-0040
ASSURANCES - NON -CONSTRUCTION PROGRAMS
Oublic reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewi
structions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions
reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET.
SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such
is the case, you will be notified.
As tha ri v!y of the applicant, I certify that the applicant:
1.
2.
Has the legal authority to apply for Federal assistance
and the institutional, managerial and financial capability
(including funds sufficient to pay the non -Federal share
of project cost) to ensure proper planning, management
and completion of the project described in this
application.
Will give the awarding agency, the Comptroller General
of the United States and, if appropriate, the State,
through any authorized representative, access to and
the right to examine all records, books, papers, or
documents related to the award; and will establish a
proper accounting system in accordance with generally
accepted accounting standards or agency directives.
3. Will establish safeguards to prohibit employees from
using their positions for a purpose that constitutes or
presents the appearance of personal or organizational
conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable
time frame after receipt of approval of the awarding
agency.
5. Will comply with the Intergovemmental Personnel Act of
1970 (42 U.S.C. §§4728-4763) relating to prescribed
standards for merit systems for programs funded under
one of the 19 statutes or regulations specified in
Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
which prohibits discrimination on the basis of race, color
or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§1681-
1683, and 1685-1686), which prohibits discrimination on
the basis of sex; (c) Section 504 of the Rehabilitation
Act of 1973, as amended (29 U.S.C. §794), which
prohibits discrimination on the basis of handicaps; (d)
the Age Discrimination Act of 1975, as amended (42
U.S.C. §§6101-6107), which prohibits discrimination
on the basis of age; (e) the Drug Abuse Office and
Treatment Act of 1972 (P.L. 92-255), as amended,
relating to nondiscrimination on the basis of drug
abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) §§523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee
3), as amended, relating to confidentiality of alcohol
and drug abuse patient records; (h) Title 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; (1) any other
nondiscrimination provisions in the specific statute(s)
under which application for Federal assistance is being
made; and, Q) the requirements of any other
nondiscrimination statute(s) which may apply to the
application.
Will comply, or has already complied, with the
requirements of Titles 11 and III of the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (P.L 91-646) which provide for
fair and equitable treatment of persons displaced or
whose property is acquired as a result of Federal or
federally -assisted programs. These requirements apply
to all interests in real property acquired for project
purposes regardless of Federal participation in
purchases.
8. Will comply, as applicable, with provisions of the
Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328)
which limit the political activities of employees whose
principal employment activities are funded in whole or
in part with Federal funds.
Previous Edition Usably Standard Form 4248 (Rev. 7-97)
Authorized for Local Reproduction Prescribed by OMB Circular A-102
9. Will comply, as applicable, with the provisions of the Davis
Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act'
(40 U.S.C. §276c and 18 U.S.C. §874), and the Contract
Work Hours and Safety Standards Act (40 U.S.C. §§327
333), regarding labor standards for federally -assisted
construction subagreements.
10. Will comply, if applicable, with flood insurance purchase
requirements of Section 102(a) of the Flood Disaster
- Protection Act of 1973 (P.L. 93-234) which requires
recipients in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more.
11. Will comply' with environmental standards which may be
prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National
Environmerital Policy Act of 1969 (P.L. 91-190) and
Executive Order (EO) 11514; (b) notification of violating
facilities pursuant to EO 11738; (c) protection of wetlands
pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of
project consistency with the approved State management
program developed under the Coastal Zone Management'
Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of
Federal actions to State (Clean Air) Implementation Plans
under Section 176(c) of the Clean Air Act of 1955, as
amended (42 U.S.C. §§7401 et seq.); (g) protection of
underground sources of drinking water under the Safe
Drinking Water Act of 1974, as amended (P.L. 93-523);
and, (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.L. 93-
205).
12. Will comply with the Wild and Scenic Rivers Act of
1968 (16 U.S.C. §§1271 et seq.) related to protecting
components or potential components of the national -
wild and scenic rivers system.
13. Will assist the awarding agency in assuring compliance
with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.C. §470), EO 11593
(identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. §§469a-1 et seq.).
14. Will comply with P.L. 93-348 regarding the protection of
human subjects involved in research, development, and
related activities supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of
1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et
seq.) pertaining to the care, handling, and treatment of
warm blooded animals held for research, teaching, or
other activities supported by this award of assistance.
16. Will comply with the Lead -Based Paint Poisoning
Prevention Act (42 U.S.C. §§4801 et seq.) which
prohibits the use of lead -based paint in construction or
rehabilitation of residence structures.
17. Will cause to be performed the required financial and
compliance audits in accordance with the Single Audit
Act Amendments of 1996 and OMB Circular No. A-133,
"Audits of States, Local Governments, and Non -Profit
Organizations."
18. Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations, and policies
governing this program.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
APPLICANT ORGANIZATION DATE SUBMITTED
Standard Forrn 4248 (Rev. 7-97) Back
CERTIFICATION: REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 34 CFR Part 85, Section 85.510, Participant's responsibilities. The regulations were published as
Part VH of the May 26, 1988 Federal Re ig stet (pages 19160-12911). Copies of the regulations may be obtained
by contacting the person to which this proposal is submitted.
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) -
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
1) Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Name and Title of Authorized Certifying Official
Signature
Date
TEXAS STATE LIBRARY & ARCHIVES COMMISSION
INTERLIBRARY LOAN CENTER GRANT
Grant # 771-03044
I. CONTRACTING PARTIES
Grantor: Texas State Library and Archives Commission (TSLAC)
Grantee: City of Lubbock, Lubbock City -County Library
1306 9th St
Lubbock, Texas 79401
II TERM OF GRANT
September 1, 2002, to August 31, 2003
III. GRANTOR CERTIFICATION
The Grantor certifies that (1) the services specified below are necessary and essential for activities
that are properly within the statutory functions and programs of the affected organizations; (2) the
services, supplies or materials contracted for are not required by Section 21 of Article 16 of the
Constitution of Texas to be supplied under contract given to the lowest bidder; and (3) the grant is in
compliance with Texas Government Code § 441.121 et. seq., the Library System Act; Texas
Government Code § 441.006, General Powers and Duties; P.L. 104-208, the Library Services and
Technology Act (LSTA); the State Plan for the LSTA in Texas; and, the Uniform Grant
Management Standards (UGMS).
IV. GRANT AMOUNTS
A. The total amount of the grant shall not exceed: $68,659
B. Source of funds:
CFDA 445.310, Institute of Museum and Library Service, State Library Program
Federal Fiscal Year 2002 Carryover
TSLAC's accounting coding:
Index 17712, Object Code 7611, FY03
Page 1 of 9
Fiscal Year 2003 City of Lubbock Interlibrary Loan Center Grant
C. Budget:
Personnel
$39,494
Fringe Benefits
9,693
Travel
400
Equipment
Supplies
1,500
Contractual
0
Other
11,886
Total Direct Costs $62,973
Indirect Costs 5,686
Total $68,659
V. WRITTEN PRIOR APPROVALS FOR FISCAL AND PROGRAMMATIC CHANGES
A. The Grantor must give written prior approval for any of the following fiscal changes:
1. Making cumulative transfers among budget cost categories or projects which are expected
to exceed ten (10) percent of the total grant.
2. Transferring any funds into a budget cost category that equals zero ($0).
Written prior approval is to be requested on the Prior Approval Request form when nearing the
10% limit or the end of the grant term. This provision does not allow the grant to be exceeded.
All prior approvals must be requested by August 1, 2003. Approvals received after this date
will be considered on a case -by -case basis.
B. The Grantor must give written prior approval for any of the following programmatic changes to
the (Interlibrary Loan application):
1. Obtaining the services of a third party to perform activities which are central to the
purposes of the grant.
2. Changing the scope or objectives (regardless of whether there is an associated budget
revision). A change in scope is a substantive difference in the approach or method used to
reach program objectives.
Written prior approval is to be requested on the Prior Approval Request form. All prior approvals
must be received by Grantor on or before August 1, 2003.
C. The Grantor hereby gives approval for the items specified under the cost categories outlined
below. Before the Grantee obligates or expends grant funds for additional items in the following
cost categories, the Grantor must give written prior approval. Written prior approval is to be
requested on the Prior Approval Request form. Written prior approval is also required if an
item's cost or features are substantially different from what the grant specifies or from a previous
Prior Approval Request. All prior approvals must be received by grantor on or before August 1,
2003.
Page 2 of 9
Fiscal Year 2003 City of Lubbock Interlibrary Loan Center Grant
COST CATEGORIES
1. Preaward Costs
None
MAW7row- tie-ins
3. Rearraneements and Alterations of Facilities
Vone
Subject to the obligations and conditions set forth in the Uniform Grant Management Standards
(UGMS) Section III, Subpart C.32 (a), title to equipment acquired under a grant will vest upon
acquisition in the Grantee.
Each piece of equipment/property is an article of nonexpendable, tangible personal property
having a useful life of more than one year and an acquisition cost that exceeds the capitalization
amount established by Grantee's governing entity. Grantee must furnish a statement to Grantor
certifying the governing entity's capitalization level with the Prior Approval Request Form.
Equipment/property includes furniture, library materials, etc. Purchased wholly or in part with
grant funds. The prior approval amount is the capital expenditure, which means the cost of the
equipment/property including the cost to put it in place. Capital expenditure for
equipment/property means the net invoice price of the equipment/property, including the cost of
any modifications, attachments, accessories, or auxiliary apparatus necessary to make it usable
for the purpose for which it is acquired. Ancillary charges, such as taxes, duty, protective in
transit insurance, freight, and installation may included in, or excluded from, capital
expenditure cost in accordance with the Grantee's regular accounting practices.
VI. STATEMENT OF SERVICES TO BE PERFORMED
A. The Grantor will reimburse the Grantee for expenses incurred in processing and filling
interlibrary loan requests for library materials and information from public, academic, and
special libraries and for processing interlibrary loan requests originating with the grantee. The
Grantor will also reimburse the Grantee for providing OCLC system use support to Texas
Group selective user libraries in the Grantee's service area.
B. The Grantee will provide free interlibrary loan service according to the operating procedures set
by the Grantor.
Page 3 of 9
Fiscal Year 2003 City of Lubbock Interlibrary Loan Center Grant
C. The Grantee will eu:ploy the following staff whose work assignments are exclusively to provide
interlibrary loan services:
.25 Librarian H
1 Data Entry Operator
.75 Customer Service Representative
D. The Grantee will provide a telephone line(s) directly into the interlibrary loan office, telephone
extension to local library telephones, and permit the computer(s) to be connected without charge
to an OCLC modem with line extenders or extended distance cables, or other appropriate
technology.
E. The Grantee agrees to provide rapid and convenient access to its catalog of holdings and its
circulation system for use without charge by the project staff.
F. The budget allocations are based on the following performance objectives:
1. Fill 4,700 interlibrary loan requests from the Grantee's resources.
2. Process 16,000 interlibrary loan transactions.
3. Maintain an average response time of 24 hours for interlibrary loan requests.
4. Maintain a maximum turnaround time of 8.0 days for requests from the region filled by
the Grantee.
5. Maintain a maximum turnaround time of 15.0 days for requests referred to and filled by
other libraries.
G. The Grantee will comply during the period of this contract with its Interlibrary Loan Center
grant application.
VII. TERMS AND CONDITIONS
A. The Grantee will comply with the TexNet Center Policies Manual.
B. The Grantee will comply with the following two parts of the Governor's Office of Budget and
Planning Uniform Grant Management Standards (UGMS), revised January 2001, located at
http: //Www.governor.state. tx. us/stategrants/UGMS012001. doc.
Cost Principles for State and Local Governments and Other Affected Entities
(adapted from OMB Circular A-87)
2. State Uniform Administrative Requirement for Grants and Cooperative Agreements
(adapted from OMB Circular A-102)
Page 4 of 9
Fiscal Year 2003 City of Lubbock Interlibrary Loan Center Grant
For grants funded with state funds, the grantee will comply with the third part of UGMS, the
State of Texas Single Audit Circular. For grants funded with federal funds, the Grantee will
comply with the Office of Management and Budget (OMB) Circular A-133, Audits of States,
Local Governments, and Non -Profit Organizations (revised 6/97), located at http://www.
whitehouse.gov/OMB/circulars.
C. The Grantee will comply with the Institute of Museum and Library Services' 45 Code of Federal
Regulations, Part 1183, Uniform Administrative Requirements for grants and Cooperative
Agreements to States and Local Governments (adapted from OMB Circular A-102).
D. The Grantee will send the Grantor a copy of any management letters issued by the auditor with
the reporting package (or written notification, as applicable). The audit's Schedule of
Expenditures of Federal and State Awards will list the amount of awards expended for each
award year separately.
E. The Grantee may not obligate grant funds after August 31, 2003. By October 31, 2003, all
obligations must be liquidated. Final request for reimbursement must be received by Grantor on
or before October 15, 2003.
F. The Grantee will add any program income to the funds committed to the grant, using such
program income for the purposes and under the conditions of the grant. The source and amount
of the program income must be explained in box 12 of the quarterly Financial Status Report.
G. All publicity relating to the grant award must include acknowledgement of the Institute of
Museum and Library Services and the Texas State Library and Archives Commission whenever
possible and practical. Publicity includes but is not limited to press releases, media events,
public events, displays in the library, announcements on the library's website, and materials
distributed through the grant project.
H. The Grantee certifies by this contract that it will comply with the Assurances — Non -
Construction Programs (OMB Standard Form 124B), the Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, and the
Certification Regarding Lobbying as submitted to the Grantor. Additional assurances are listed
in UGMS, Subpart B.14.
I. The Grantee affirms that it has not given, offered to give, nor intends to give at any time
hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount,
trip, favor or service to a public servant in connection with this contract. The Grantee further
affirms that its employees or agents shall neither solicit nor accept gratuities, favors or anything
of monetary value from contractors, potential contractors or parties to subagreements.
J. The Grantee agrees to provide the Grantor with one (1) set of any public relations materials
produced under this grant.
Page 5 of 9
Fiscal Year 2003 City of Lubbock Interlibrary Loan Center Grant
K. The Grantee agrees to maintain records on all equipment/property with an acquisition cost that
exceed governing entity's capitalization level. The UGMS Subpart C, Sec. 32; (d) requires the
Grantee to reconcile the equipment/property records with a physical inventory of the
equipment/property every two years. This biennial inventory does not need to be submitted to
the Grantor, but must be maintained by the Grantee and will be subject to review by the Grantor.
The UGMS Subpart C, Sec. 32, (d) (3) requires certain items of equipment (stereo systems, still
and video cameras, facsimile machines, VCRs and VCR/TV combinations, and cellular and
portable telephones) to be maintained on inventory if their cost is above $500, or if they could be
easily lost or stolen.
Subject to the obligations and conditions set forth in the UGMS Section III, Subpart C, Sec. 32
(a), title to equipment acquired under a grant will vest upon acquisition in the Grantee.
When property is vested in the Grantee, the Grantee will dispose of equipment/property in
accordance with the UGMS Subpart C, Sec. 3?, (e). When the Grantee has been given federal
or state equipment/property, the UGMS Subpart C, Sec. 32, (f) will be followed.
L. The Grantee agrees to submit the Equipment/Property Acquired form by October 31, 2003, for
all equipment/property purchased during that grant year. This list must balance with the
equipment/property purchased with prior approval amounts.
M. The State Legislature has charged the Grantor with submitting performance measurement
reports that specify the level of services provided by its programs and services. The Grantee
agrees to submit reports that are timely, accurate, auditable, and consistent with definitions.
1. The Grantee will maintain a record of each interlibrary loan request submitted to other
libraries.
2. The Grantee agrees to submit ILL statistics to the Grantor monthly.
3. The Grantee agrees to submit turnaround time data records to the Grantor within two
weeks of the completion of the data records.
N. The Grantee agrees to participate fully in any special study, survey, or other research and
testing, which is designed to evaluate or improve interlibrary loan policies, procedures or
management, when requested by the Grantor..
O. The Grantee agrees to submit the quarterly Financial Status Report for each project funded
under this contract according to the following schedule:
Page 6 of 9
Fiscal Year 2003 City of Lubbock Interlibrary Loan Center Grant
September 1, 2002 - November 30, 2002
December 27, 2002
December 1, 2002 - February 28, 2003
March 28, 2003
March 1, 2003 - May 31, 2003
June 27, 2003
June 1, 2003- August 31, 2003
September 26, 2003
A fMgl Financial Status Report is due by November 15, 2003.
P. The Grantee is restricted to one method for requesting funds from the Grantor. The Grantee may
only request a reimbursement of the actual expenditures for the Grantee's normal billing cycle.
The Grantee will request payment on the OMB Standard Form 270, Request for Advance or
Reimbursement. Requests may be made monthly, quarterly or any other time period, but not
more than once a month.
To request funds, Form 270 is due to the Grantor by the 15`h of the month. If requesting a
reimbursement, the funds will usually be received by the Grantee within 10 days after TSLAC
receives the funds from the federal government.
VIII. ENFORCEMENT
A. Remedies for noncompliance. If a grantee or subgrantee materially fails to comply with any term of
an award, whether stated in a federal or state statute or regulation, an assurance, in a state plan or
application, a notice of award, or elsewhere, the awarding agency may take one or more of the
following actions, or impose other sanctions, as appropriate in the circumstances:
(1) Temporarily withhold cash payments pending correction of the deficiency by the grantee or
subgrantee or more severe enforcement action by the awarding agency,
(2) Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the
activity or action not in compliance,
(3) Wholly or partly suspend or terminate the current award for the grantee's or subgrantee's program,
(4) Withhold further awards for the program, or
(5) Take other remedies that may be legally available.
B. Hearings, appeals. In taking an enforcement action, the awarding agency will provide the grantee or
subgrantee an opportunity for such hearing, appeal, or other administrative proceeding to which the
grantee or subgrantee is entitled under any statute or regulation applicable to the action involved.
C. Effects of suspension and termination. Costs of grantee or subgrantee resulting from obligations
incurred by the grantee or subgrantee during a suspension or after termination of an award are not
allowable unless the awarding agency expressly authorizes them in the notice of suspension or
Page 7 of 9
Fiscal Year 2003 City of Lubbock Interlibrary Loan Center Grant
termination or subsequently. Other grantee or subgrantee 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 subgrantee
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.
Relationship to Debarment and Suspension. The enforcement remedies identified in this section,
including suspension and termination, do not preclude grantee or subgrantee from being subject to
"Debarment and Suspension" under E.O. 12549 (see Section .35) and state law.
IX. CONTACTS AT TSLAC
Questions or concerns about programmatic issues and Prior Approval Request should be directed to
this grant's Project Manager:
Dayna Jones
Resource Sharing Consultant
Phone: 512-463-5406
Fax: 512-936-2306
E-mail: djonesnae.tsl.state.tx.us
Questions or concerns about regulatory or financial issues should be directed to:
Manager of Accounting and Grants Department
Phone: 512-463-6626
E-mail: camack&sl.state.tx.us
Fax Requests for Reimbursement, Financial Status Reports, Annual Property/Inventory Reports and
other miscellaneous forms and reports to:
Grants Accountant
Fax: 512-475-0185
E-mail: akral(@tsl.state.tx.us
Page 8 of 9
Fiscal Year 2003 City of Lubbock Interlibrary Loan Center Grant
Payments to the Grantor, such as those for excess advanced funds or for interest earned each quarter
on advanced funds, should be mailed with an explanation of the purpose of the payment and the
grant number to:
Accounting and Grants Department
Texas State Library and Archives Commission
PO Box 12516
Austin, TX 78711-2516
X. APPLICABLE AND GOVERNING LAW
A. This grant shall be governed by the laws of the State of Texas. All duties of either party shall be
legally performable in Texas. The applicable law for any legal disputes arising out of this
contract shall be the law of (and all actions hereunder shall be brought in) the State of Texas, and
the forum and venue for such disputes shall be Travis County, District Court.
B. This grant is subject to availability of funds.
XI. SIGNATURES
GRANTOR
GRANTEE
Texas State Library and Archives Commission City_o, Lubbock, Lu
Edward Seidenberg, Assistant State Librarian
!b -v 1-02
Date
Donna Osborne, Chief Fiscal Officer
Kam /'- 0 -k-
Date
Signature (Must befan`bfficial empowered
to enter into con cts)
r4
Typewritten or Printed Name
AAYO►-, CtTY or "18oc -
Title
�
Date
Library
AT ST; -Re ecca G—ar-zN City Secretary
Page 9 of 9
Fiscal Year 2003 City of Lubbock Interlibrary Loan Center Grant
CERTIFICATION REGARDING LOBBYING
for
CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
(Required for grants exceeding $100, 000)
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the making of any Federal grant, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
grant or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer" or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal grant or cooperative agreement, the undersigned shall complete and
submit Standard Form -LLL, 'Disclosure Form to Report Lobbying,' in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subgrants, contracts under grants and
cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed by the Texas State
Library when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
Name and Title of Authorized Representative
Date
34 CFR 82110 TSL 9304 FY99\G=tsT0rmsl1tertification Regarding Lobbying.doc
OMB Approval No. 0348-oo40
ASSURANCES - NON -CONSTRUCTION PROGRAMS
Oublic reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing
structions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040). Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET.
SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable to your project or program. if you have questions, please contact the
awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such
is the case, you will be notified.
As the duly authorized representative of the applicant, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance
and the institutional, managerial and financial capability
(including funds sufficient to pay the non -Federal share
of project cost) to ensure proper planning, management
and completion of the project described in this
application.
2. Will give the awarding agency, the Comptroller General
of the United States and, if appropriate, the State,
through any authorized representative, access to and
the right to examine all records, books, papers, or
documents related to the award; and will establish a
proper accounting system in accordance with generally
accepted accounting standards or agency directives.
3. Will establish safeguards to prohibit employees from
using their positions for a purpose that constitutes or
presents the appearance of personal or organizational
conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable
time frame after receipt of approval of the awarding
agency.
5. Will comply with the Intergovernmental Personnel Act of
1970 (42 U.S.C. §§4728-4763) relating to prescribed
standards for merit systems for programs funded under
one of the 19 statutes or regulations specified in
Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
which prohibits discrimination on the basis of race, color
or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§1681-
1683, and 1685-1686), which prohibits discrimination on
the basis of sex; (c) Section 504 of the Rehabilitation
Act of 1973, as amended (29 U.S.C. §794), which
prohibits discrimination on the basis of handicaps; (d)
the Age Discrimination Act of 1975, as amended (42
U.S.C. §§6101-6107), which prohibits discrimination
on the basis of age; (e) the Drug Abuse Office and
Treatment Act of 1972 (P.L. 92-255), as amended,
relating to nondiscrimination on the basis of drug
abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) §§523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee
3), as amended, relating to confidentiality of alcohol
and drug abuse patient records; (h) Title 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 the specific statute(s)
under which application for Federal assistance is being
made; and, 0) the requirements of any other
nondiscrimination statute(s) which may apply to the
application.
Will comply, or has already complied, with the
requirements of Titles II and III of the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (P.L. 91-646) which provide for
fair and equitable treatment of persons displaced or
whose property is acquired as a result of Federal or
federally -assisted programs. These requirements apply
to all interests in real property acquired for project
purposes regardless of Federal participation in
purchases.
8. Will comply, as applicable, with provisions of the
Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328)
which limit the political activities of employees whose
principal employment activities are funded in whole or
in part with Federal funds.
Previous Edition Usable Standard Form 424E (Rev. 7-97)
Authorized for Local Reproduction Prescribed by OMB Circular A-102
9. Will comply, as applicable, with the provisions of the Davis-;
Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act
(40 U.S.C. §2766 and 18 U.S.C. §874), and the Contract
Work Hours and Safety Standards Act (40 U.S.C. §§327-'
333), regarding labor standards for federally -assisted
construction subagreements.
10. Will comply, if applicable, with flood insurance purchase
requirements of Section 102(a) of the Flood Disaster'
Protection Act of 1973 (P.L. 93-234) which requires
recipients in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more.
11. Will comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National'
Environmental Policy Act of 1969 (P.L. 91-190) and
Executive Order (EO) 11514; (b) notification of violating
facilities pursuant to EO 11738; (c) protection of wetlands'
pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of
project consistency with the approved State management
program developed under the Coastal Zone Management.
Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of,
Federal actions to State (Clean Air) Implementation Plans
under Section 176(c) of the Clean Air Act of 1955, as
amended (42 U.S.C. §§7401 et seq.); (g) protection of
underground sources of drinking water under the Safe
Drinking Water Act of 1974, as amended (P.L. 93-523);'
and, (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.L. 93
205).
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL
12. Will comply with the Wild and Scenic Rivers Act of
1968 (16 U.S.C. §§1271 et seq.) related to protecting
components or potential components of the national -
wild and scenic rivers system.
13. Will assist the awarding agency in assuring compliance
with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.C. §470), EO 11593
(identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. §§469a-1 et seq.).
14. Will comply with P.L. 93-348 regarding the protection of
human subjects involved in research, development, and
related activities supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of
1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et
seq.) pertaining to the care, handling, and treatment of
warm blooded animals held for research, teaching, or
other activities supported by this award of assistance.
16. Will comply with the Lead -Based Paint Poisoning
Prevention Act (42 U.S.C. §§4801 et seq.) which
prohibits the use of lead -based paint in construction or
rehabilitation of residence structures.
17. Will cause to be performed the required financial and
compliance audits in accordance with the Single Audit
Act Amendments of 1996 and OMB Circular No. A-133,
"Audits of States, Local Governments, and Non -Profit
Organizations."
18. Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations, and policies
governing this program.
TITLE
/6z
Standard Fonn 424E (Rev. 7-97) Back
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 34 CFR Part 85, Section 85.510, Participant's responsibilities. The regulations were published as
Part VII of the May 26, 1988 Federal Register (pages 19160-12911). Copies of the regulations may be obtained
by contacting the person to which this proposal is submitted.
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
?) Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
rw/1 ��-.lAj00'.r,*WL.
Name and Title of Authorized Certifying Official
M
Signature
Date
Resolution No. 2002-RO351
September 17, 2002
Item No. 33
TEXAS STATE LIBRARY & ARCHIVES COMMISSION
TECHNICAL ASSISTANCE NEGOTIATED GRANT
Grant # 476-03019
I. CONTRACTING PARTIES
Grantor: Texas State Library and Archives Commission (TSLAC)
Grantee: City of Lubbock, Lubbock City -County Library
1306 Ninth Street
Lubbock, Texas 79401-2708
II. TERM OF GRANT
September 1, 2002, to August 31, 2003
III. GRANTOR CERTIFICATION
The grantor certifies that (1) the services specified below are necessary and essential for activities
that are properly within the statutory functions and programs of the affected organizations; (2) the
services, supplies or materials contracted for are not required by Section 21 of Article 16 of the
Constitution of Texas to be supplied under contract given to the lowest bidder; and (3) the grant is in
compliance with Texas Government Code § 441.121 et. seq., the Library System Act; Texas
Government Code § 441.006, General Powers and Duties; P.L. 104-208, the Library Services and
Technology Act (LSTA); the State Plan for the LSTA in Texas; and, the Uniform Grant
Management Standards (UGMS).
IV. GRANT AMOUNTS
A. The total amount of the grant shall not exceed: $ 79,899
B. Source of funds:
CFDA # 45.310
Institute of Museum and Library Services, State Library Program
Federal Fiscal Year 2002 Carryover
TSLAC's accounting coding:
Index Code 34762, Object Code 7611
Page 1 of 8
Fiscal Year 2003 City of Lubbock Technical Assistance Negotiated Grant
C. Budget:
Personnel
$52,041
Fringe Benefits
15,591
Travel
4,350
Equipment/Property
0
Supplies
1,000
Contractual
0
Other
300
Total Direct Costs $73,282
Indirect Costs 6,617
Total $79,899
V. WRITTEN PRIOR APPROVALS FOR FISCAL AND PROGRAMMATIC CHANGES
A. The Grantor must give written prior approval for any of the following fiscal changes:
1. Making cumulative transfers among budget cost categories or projects which are expected
to exceed ten (10) percent of the total grant.
2. Transferring any fiuids into a budget cost category that equals zero ($0).
Written prior approval is to be requested on the Prior Approval Request form and shall be
requested when nearing the 10% limit or the end of the grant term. This provision does not
allow the grant to be exceeded. All prior approvals must be requested by August 1, 2003.
Approvals received after this date will be considered on a case -by -case basis.
B. The Grantor must give written prior approval for any of the following programmatic changes to
the application (Technical Assistance Negotiated Grants for State Fiscal Year 2003).
1. Obtaining the services of a third party to perform activities which are central to the
purposes of the grant.
2. Changing the scope or objectives (regardless of whether there is an associated budget .
revision). A change in scope is a substantive difference in the approach or method used to
reach program objectives.
Written prior approval is to be requested on the Prior Approval Request form. All prior
approvals must be requested by August 1, 2003. Approvals received after this date will be
considered on a case -by -case basis.
C. The Grantor hereby gives approval for the items specified under the cost categories outlined
below. Before the Grantee obligates or expends grant funds for additional items in the following
cost categories, the Grantor must give written prior approval. Written prior approval is to be
requested on the Prior Approval Request form. Written prior approval is also required if an
item's cost or features are substantially different from what the grant specifies, or from a
previous Prior Approval Request. All prior approvals must be requested by August 1, 2003.
Approvals received after this date will be considered on a case -by -case basis.
Page 2 of 8
Fiscal Year 2003 City of Lubbock Technical Assistance Negotiated Grant
COST CATEGORIES
1. Preaward Costs
None
2. • 1Wo rt4._iNone
3. Rearrangements and Alterations of
None
4. Equinm_ ment/Property
None
Subject to the obligations and conditions set forth in Uniform Grant Management Standards
(UGMS) Section III, Subpart C.32 (a), title to equipment acquired under a grant will vest upon
acquisition in the Grantee.
Each piece of equipment/property is an article of nonexpendable, tangible personal property having
a useful life of more than one year and an acquisition cost that exceeds the capitalization amount
established by Grantee's governing entity. Grantee must furnish a statement to Grantor certifying
the governing entity's capitalization level with the Prior Approval Request Form.
Equipment/property includes furniture, library materials, etc., purchased wholly or in part with grant
funds. The prior approval amount is the capital expenditure, which means the cost of the
equipment/property including the cost to put it in place. Capital expenditure for equipment/property
means the net invoice price of the equipment/property, including the cost of any modifications,
attachments, accessories, or auxiliary apparatus necessary to make it usable for the purpose for
which it is acquired. Ancillary charges, such as taxes, duty, protective in transit insurance, freight,
and installation may be included in, or excluded from, capital expenditure cost in accordance with
the Grantee's regular accounting practices.
VI. STATEMENT OF SERVICES TO BE PERFORMED
The Grantee will comply during the period of this contract and provide services outlined within the
grant application (Technical Assistance Negotiated Grants for SFY 2003) as approved by the Grantor.
VII. TERMS AND CONDITIONS
A. The Grantee will comply with the Technical Assistance Negotiated Grants Program Guidelines
for SFY 2003.
B: The Grantee will comply with the Rules for Administering the Library Systems Act. Note that
Rule 1.97 (a) will not be applicable during the term of this grant.
C. The Grantee will comply with the following two parts of the Governor's Office of Budget and
Planning Uniform Grant Management Standards (UGMS), revised January 2001, located at
http: //Www.governor.state. tx. us/stategrants/UGMS012001.doc.
Page 3 of 8
Fiscal Year 2003 City of Lubbock Technical Assistance Negotiated Grant
1. Cost Principles for State and Local Governments and Other Affected Entities
(adapted from OMB Circular A-87)
2. State Uniform Administrative Requirement for Grants and Cooperative Agreements
(adapted from OMB Circular A-102)
For grants funded with state funds, the grantee will comply with the third part of UGMS, the
State of Texas Single Audit Circular. For grants funded with federal funds, the Grantee will
comply with the Office of Management and Budget (OMB) Circular A-133, Audits of States,
Local Governments, and Non -Profit Organizations (revised 6/97), located at http://www.
whitehouse.gov/OMB/circulars.
D. The Grantee will comply with the Institute of Museum and Library Services' 45 Code of Federal
Regulations, Part 1183, Uniform Administrative Requirements for Grants and Cooperative
Agreements to States and Local Governments (adapted from OMB Circular A-102).
E. The Grantee will send the grantor a copy of any management letters issued by the auditor with
the reporting package (or written notification, as applicable). The audit's Schedule of
Expenditures of Federal and State Awards will list the amount of awards expended for each
award year separately.
F. The Grantee may not obligate grant funds after August 31, 2003. By October 31, 2003, all obligations
must be liquidated. Final request for advance must be received by Grantor on or before August 1,
2003. All unexpended funds must be returned to the Grantor along with the final
report due November 15, 2003. Final request for reimbursement must be received no later than
October 15, 2003.
G. The Grantee will add any program income to the funds committed to the grant, using such
program income for the purposes and under the conditions of the grant. The source and amount
of the program income must be explained in box 12 of the quarterly Financial Status Report.
H. All publicity relating to the grant award must include acknowledgement of the Institute of
Museum and Library Services and the Texas State Library and Archives Commission whenever
possible and practical. Publicity includes but is not limited to press releases, media events,
public events, displays in the library, announcements on the library's website, and materials
distributed through the grant project.
The Grantee certifies by this contract that it will comply with the Assurances — Non -
Construction Programs (OMB Standard Form 124B), the Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, and the
Certification Regarding Lobbying as submitted to the Grantor. Additional assurances are listed
in UGMS, Subpart B.14.
Page 4 of 8
Fiscal Year 2003 City of Lubbock Technical AssistanceNegotiated Grant
J. The Grantee affirms that it has not given, offered to give, nor intends to give at any time
hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount,
trip, favor or service to a public servant in connection with this contract. The Grantee further
affirms that its employees or agents shall neither solicit nor accept gratuities, favors or anything
of monetary value from contractors, potential contractors or parties to subagreements.
K. The Grantee will provide the grantor with one (1) set of any public relations materials produced
under this grant.
L. The Grantee agrees to maintain records on all equipment/property with an acquisition cost above
governing entity's capitalization level. The Grantee will reconcile the equipment/property records with
a physical inventory of the equipment/property' every two years.
The UGMS Subpart C, Sec. 32, (d) (3) requires certain items of equipment (stereo systems, still and
video cameras, facsimile machines, VCRs and VCR/TV combinations, and cellular and portable
telephones) to be maintained on inventory if their cost is above $500, or if they could be easily lost or
stolen.
Subject to the obligations and conditions set forth in the UGMS Section III, Subpart C, Sec. 32
(a), title to equipment acquired under a grant will vest upon acquisition in the Grantee.
When property is vested in the Grantee, the Grantee will dispose of equipment/property in
accordance with the UGMS Subpart C, Sec. 32, (e). When the Grantee has been given federal
or state equipment/property, the UGMS Subpart C, Sec. 32, (f) will be followed.
M. The Grantee agrees to submit the Equipment/Property Acquired form by October 31, 2003 for all
equipment/property purchased during that grant year. This list must balance with the
equipment/property purchased with prior approval amounts.
N. The Grantee agrees to submit the Uniform Statistical Reporting Form for Technical Assistance
Negotiated Grants and Explanation of Variance according to the following schedule:
September 1, 2002 - November 30, 2002 December 6, 2002
December 1, 2002 - February 28, 2003 March 6, 2003
March 1, 2003 - May 31, 2003 June 6, 2003
June 1, 2003 - August 31, 2003 September 5, 2003
The State Legislature has charged the Grantor with submitting performance measurement
reports that specify the level of services provided by its programs and services. The Grantee
agrees to submit reports that are timely, accurate, auditable, and consistent with definitions.
O. The Grantee agrees to submit the quarterly Financial Status Report for each project funded
under this contract according to the following schedule:
Page 5 of 8
Fiscal Year 2003 City of Lubbock Technical Assistance Negotiated Grant
September 1, 2002 - November 30, 2002
December 27, 2002
December 1, 2002 - February 28, 2003
March 28, 2003
March 1, 2003 - May 31, 2003
June 27, 2003
June 1, 2003 - August 31, 2003
September 26, 2003
A final Financial Status Report is due by November 15, 2003.
P. The Grantee will submit the Workshop Reporting Form to the Grantor for the period of
September 1, 2002, to August 31, 2003, on or before September 26, 2003.
Q. The Grantee is restricted to one of two methods for requesting funds from the Grantor. The
Grantee may request an advance payment for estimated expenditures to be incurred for the
upcoming 30 days, or request a reimbursement of the actual expenditures for the Grantee's
normal billing cycle.
The Grantee will request payment on the OMB Standard Form 270, Request for Advance or
Reimbursement, using box 12 rather than box 11 if requesting funds in advance. Requests may
be made monthly, quarterly or any other time period, but not more than once a month.
To request funds, Form 270 is due to the Grantor by the 15" of the month. If requesting a
reimbursement, the funds will usually be received by the Grantee within 10 days after TSLAC
receives the funds from the federal government. If requesting an advance, the Grantee must
follow procedures that minimize the time elapsing between the receipt and the disbursement of
advanced grant funds. Requests for advance funds will be disbursed by the first working day of
the advance period on the request.
VH1. ENFORCEMENT
A. Remedies for noncompliance. If a grantee or subgrantee materially fails to comply with any term of
an award, whether stated in a federal or state statute or regulation, an assurance, in a state plan or
application, a notice of award, or elsewhere, the awarding agency may take one or more of the
following actions, or impose other sanctions, as appropriate in the circumstances:
(1) Temporarily withhold cash payments pending correction of the deficiency by the grantee or
subgrantee or more severe enforcement action by the awarding agency,
(2) Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the
activity or action not in compliance,
(3) Wholly or partly suspend or terminate the current award for the grantee's or subgrantee's program,
(4) Withhold further awards for the program, or
(5) Take other remedies that may be legally available.
Page 6 of 8
Fiscal Year 2003 City of Lubbock Technical Assistance Negotiated Grant
B. Hearings, appeals. In taking an enforcement action, the awarding agency will provide the grantee or
subgrantee an opportunity for such hearing, appeal, or other administrative proceeding to which the
grantee or subgrantee is entitled under any statute or regulation applicable to the action involved.
C. Effects of suspension and termination. Costs of grantee or subgrantee resulting from obligations
incurred by the grantee or subgrantee during a suspension or after termination of an award are not
allowable unless the awarding agency expressly authorizes them in the notice of suspension or
termination or subsequently. Other grantee or subgrantee 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 subgrantee
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.
Relationship to Debarment and Suspension. The enforcement remedies identified in this section,
including suspension and termination, do not preclude grantee or subgrantee from being subject to
"Debarment and Suspension" under E.O. 12549 (see Section .35) and state law.
IX. CONTACTS AT TSLAC
Questions or concerns about programmatic issues and Prior Approval requests should be directed to
this grant's Project Manager:
Kathleen Walls
Grants Coordinator
Phone: 512-463-5532
Fax: 512-463-8800
E-mail: kwalls@Jsl.stateJz,us
Questions or concerns about regulatory or financial issues should be directed to:
Manager of Accounting and Grants Department
Phone: 512-463-6626
E-mail: camackna.tsl.state.tx.us
Page 7 of 8
Fiscal Year 2003 City of Lubbock Technical Assistance: Negotiated Grant
Fax all reports to:
Grants Accountant
Phone: 512-463-5472
Fax: 512-475-0185
E-mail: akralntsl.state.tx.us
Payments to the Grantor, such as those for excess advanced funds or for interest earned each quarter
on advanced funds, should be mailed with an explanation of the purpose of the payment and the
grant number to:
Grants Accountant
Texas State Library and Archives Commission
PO Box 12516
Austin, TX 78711-2516
X. APPLICABLE AND GOVERNING LAW
A. This grant shall be governed by the laws of the State of Texas. All duties of either parry shall be
legally performable in Texas. The applicable law for any legal disputes arising out of this
contract shall be the law of (and all actions hereunder shall be brought in) the State of Texas, and
the forum and venue for such disputes shall be Travis County, District Court.
B. This grant is subject to availability of funds.
XI. SIGNATURES
GRANTOR
GRANTEE
Texas State Library and Archives Commission City of Lubbock,
t
/Sig4gnature�:c((_S)
Edward Seidenberg, Assistant State L' rarian
to enter into
(p -D�-v2
Date
Donna Osborne, Chief Fiscal Officer
official empowered
MARC MCDOUGAL
Typewritten or Printed Name
MAYOR
Title
Library
September 17, 2002
Date Date
Page 8 of 8 Re ecca ar City Secretary
Fiscal Year 2003 City of Lubbock Technical Assistance egotiated Grant
CERTIFICATION REGARDING LOBBYING
for
CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
(Required for grants exceeding $100,000)
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence ' an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member, of
Congress in connection with the making of any Federal grant, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
grant or cooperative agreement..
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal grant or cooperative agreement, the undersigned shall complete and
submit Standard Form -LLL, 'Disclosure Form to Report Lobbying,' in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subgrants, contracts under grants and
cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed by the Texas State
Library when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure. _
Name and Title of Authorized Representative
Signature
Date
34CFR 82110 TSL9304 FY99\Grants\Forms\Certification Regarding Lobbying.doc
OMB Approval No. 0348-0040
ASSURANCES - NON -CONSTRUCTION PROGRAMS
Oublic reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing
structions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET.
SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such
is the case, you will be notified.
As the duly authorized representative of the applicant, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance
and the institutional, managerial and financial capability
(including funds sufficient to pay the non -Federal share
of project cost) to ensure proper planning, management
and completion of the project described in this
application.
2. Will give the awarding agency, the Comptroller General
of the United States and, if appropriate, the State,
through any authorized representative, access to and
the right to examine all records, books, papers, or
documents related to the award; and will establish a
proper accounting system in accordance with generally
accepted accounting standards or agency directives.
3. Will establish safeguards to prohibit employees from
using their positions for a purpose that constitutes or
presents the appearance of personal or organizational
conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable
time frame after receipt of approval of the awarding
agency.
5. Will comply with the Intergovernmental Personnel Act of 7
1970 (42 U.S.C. §§4728-4763) relating to prescribed
standards for merit systems for programs funded under
one of the 19 statutes or regulations specified in
Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (P.L 88-352)
which prohibits discrimination on the basis of race, color
or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§1681-
1683, and 1685-1686), which prohibits discrimination on
the basis of sex; (c) Section 504 of the Rehabilitation
Act of 1973, as amended (29 U.S.C. §794), which
prohibits discrimination on the basis of handicaps; (d)
the Age Discrimination Act of 1975, as amended (42
U.S.C. §§6101-6107), which prohibits discrimination
on the basis of age; (e) the Drug Abuse Office and
Treatment Act of 1972 (P.L 92-255), as amended,
relating to nondiscrimination on the basis of drug
abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) §§523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee
3), as amended, relating to confidentiality of alcohol
and drug abuse patient records; (h) Title Vill of the
Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as
amended, relating to nondiscrimination in the sale,
rental or financing of housing; (i) any other
nondiscrimination provisions in the specific statute(s)
under which application for Federal assistance is being
made; and, 0) the requirements of any other
nondiscrimination statute(s) which may apply to the
application.
Will comply, or has already complied, with the
requirements of Titles II and III of the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (P.L. 91-646) which provide for
fair and equitable treatment of persons displaced or
whose property is acquired as a result of Federal or
federally -assisted programs. These requirements apply
to all interests in real property acquired for project
purposes regardless of Federal participation in
purchases.
8. Will comply, as applicable, with provisions of the
Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328)
which limit the political activities of employees whose
principal employment activities are funded in whole or
in part with Federal funds.
Previous Edition Usable Standard Form 4248 (Rev. 7-97)
Authorized for Local Reproduction Prescribed by OMB Circular A-102
9. Will comply, as applicable, with the provisions of the Davis -
Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act
(40 U.S.C. §276c and 18 U.S.C. §874), and the Contract
Work Hours and Safety Standards Act (40 U.S.C. §§327-
333), regarding labor standards for federally -assisted
construction subagreements.
10. Will comply, if applicable, with flood insurance purchase
requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (P.L. 93-234) which requires
recipients in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more.
11. Will comply with environmental standards which may be'
prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and
Executive Order (EO) 11514; (b) notification of violating
facilities pursuant to EO 11738; (c) protection of wetlands
pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of
project consistency with the approved State management
program developed under the Coastal Zone Management
Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of
Federal actions to State (Clean Air) Implementation Plans
under Section 176(c) of the Clean Air Act of 1955, as
amended (42 U.S.C. §§7401 et seq.); (g) protection of
underground sources of drinking water under the Safe
Drinking Water Act of 1974, as amended (P.L. 93-523);
and, (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.L. 93-
205).
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL
C
12. Will comply with the Wild and Scenic Rivers Act of
1968 (16 U.S.C. §§1271 et seq.) related to protecting
components or potential components of the national -
wild and scenic rivers system.
13. Will assist the awarding agency in assuring compliance
with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.C. §470), EO 11593
(identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. §§469a-1 et seq.).
14. Will comply with P.L. 93-348 regarding the protection of
human subjects involved in research, development, and
related activities supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of
1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et
seq.) pertaining to the care, handling, and treatment of
warm blooded animals held for research, teaching, or
other activities supported by this award of assistance.
16. Will comply with the Lead -Based Paint Poisoning
Prevention Act (42 U.S.C. §§4801 et seq.) which
prohibits the use of lead -based paint in construction or
rehabilitation of residence structures.
17. Will cause to be performed the required financial and
compliance audits in accordance with the Single Audit
Act Amendments of 1996 and OMB Circular No. A-133,
"Audits of States, Local Governments, and Non -Profit
Organizations."
18. Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations, and policies
governing this program.
TITLE
DATE SU
Standard Form 4248 (Rev. 7-97) Back
CERTIFICATION REGARDING
i DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 34 CFR Part 85, Section 85.510, Participant's responsibilities. The regulations were published as
Part VII of the May 26, 1988 Federal Re ig stet (pages 19160-12911). Copies of the regulations may be obtained
by contacting the person to which this proposal is submitted.
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
?) Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Name and Title of Authorized Certifying Official
Signature
Date