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HomeMy WebLinkAboutResolution - 2001-R0371 - Library System Operation Grant Agreement - Texas State Library And Archives - 09/27/2001Resolution No. 2001-RO371 September 27, 2001 Item No. 24 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 27th day of September , 2001. )koA 4"�v L' WINDY SITTON, MAYOR ATTEST: Re ecca Garza, City Secretary ATED AS TO CONTENT: 4f ppel Llbp&ry Director 9 10 9 �9 -.Y��II�� ohn M. Knight Assistant City Attorney JMK:cp Cityatt/John & ccdocs/LibraryGrants-2001.res September 7, 2001 _4 - 4 PO Box 12927 Austin, Texas 78711-2927 Lorenzo de Zavala State Archives and Library Building 1201 Brazos St. Austin TX 78701 www.tsl.state.tx.us Commission Chairman Carolyn Palmer Members Chris A. Brisack Kenneth R. Carr Sandy Melton Sandra Pickett Elizabeth Sanders Director and Librarian Peggy D. Rudd Assistant State Librarian Edward Seidenberg Making information work for all Texans Resolution No. 2001—RO371 September 27, 2001 Item No. 24 August 21, 2001 Jeffrey Rippel, Director Lubbock City -County Library Ninth and Avenue L Lubbock, Texas 79401 Dear Mr. Rippel: Enclosed are two copies of your grant 771-02044 from the Texas State Library and Archives Commission (TSLAC) and the following forms: 1. Certification Regarding Lobbying (for grants exceeding $100,000) 2. Certification regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion 3. Standard Form 42413, Assurances - Non -Construction Programs Please return one copy of the grant and each of the above forms with original signatures, on or before October 15, 2001, to: Grants Accountant, Texas State Library and Archives Commission, P.O. Box 12516 Austin, Texas 78711-2516 Under separate cover, we will send the Interlibrary Loan Manager a copy of the grant along with electronic copies of these forms: 1 --Prior Approval Request 2. Request for Advance or Reimbursement (OMB Form 270) 3. Financial Status Report (OMB Short Form 269A) 4. Equipment/Property Acquired These forms are to be used throughout the, grant year, as explained in the grant contract. Please give these forms to the person or persons who will be using them to report to TSLAC. Thank you for your continued participation in this valuable resource sharing program. Sincerely, J 11UVQ Dayna Jones Resource Sharing Consultant Library Resource Sharing Division dj ones&tsl. state.tx.us Enclosures Nancy Hill, System Coordinator Elizabeth Glass, Interlibrary Loan Manager 4 Resolution No. 2001-80371 TEXAS STATE LIBRARY & ARCHIVES COMMISSION INTERLIBRARY LOAN CENTER GRANT Grant # 771-02044 I. CONTRACTING PARTIES Grantor: Texas State Library and Archives Commission (TSLAC) Grantee: City of Lubbock, Lubbock City -County Library Ninth and Avenue L Lubbock, Texas 79401 II TERM OF GRANT September 1, 2001, to August 31, 2002 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: $68,890 B. Source of funds: CFDA #45.310, Institute of Museum and Library Service, State Library Program Federal Fiscal Year 2001 Carryover TSLAC's accounting coding: Index 17712, Object Code 7611, AY02 Page 1 of 8 Fiscal Year 2002 City of Lubbock Interlibrary Loan Center Grant C. Budget: Personnel $39,543 Fringe Benefits 9,776 Travel 500 Equipment 0 Supplies 1,501 Contractual 3,000 Other 8,836 Total Direct Costs $63,156 Indirect Costs 5,734 Total $68,890 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, 2002. 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, 2002. 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, 2002. Page 2 of 8 Fiscal Year 2002 City of Lubbock Interlibrary Loan Center Grant COST CATEGORIES 1. Preaward Costs None 2. Insurance (if not required by the rangy None 3. Rearrangements and Alterations of Facilities None 4. Equipment/P=ert None 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 be included in, or excluded from, capital expenditure cost in accordance with the Grantee's regular accounting practices. VI. STATEMENT OF SERVICES TO BE PERFORMED A. The Grantor will reimburse the Grantee for expenses incurred in processing and filling interlibrary loan requests for library materials and information from public, academic, and special libraries and for processing interlibrary loan requests originating with the grantee. The 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 8 Fiscal Year 2002 City of Lubbock Interlibrary Loan Center Grant C. The Grantee will employ the following staff whose work assignments are exclusively to provide interlibrary loan services: .25 Librarian II 1 Data Entry Operator .75 Customer Service Representative D. The Grantee will provide a telephone line(s) directly into the interlibrary loan office, telephone extension to local library telephones, and permit the computer(s) to be connected without charge to an OCLC modem with line extenders or extended distance cables, or other appropriate technology. E. The Grantee agrees to provide rapid and convenient access to its catalog of holdings and its circulation system for use without charge by the project staff. F. The budget allocations are based on the following performance objectives: 1. Fill 5,000 interlibrary loan requests from the Grantee's resources. 2. Process 17,200 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. A. 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/the office/gts_tracs/Grants/guidelines.htm. 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 8 Fiscal Year 2002 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, 2002. By October 31, 2002, all obligations must be liquidated. Final request for reimbursement must be received by Grantor on or before October 31, 2002. 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 8 Fiscal Year 2002 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 it they could be easily lost or stolen. Subject to the obligations and conditions set forth in the UGMS Section III, Subpart C, Sec. 32 (a), title to equipment acquired under a grant will vest upon acquisition in the Grantee. When property is vested in the Grantee, the Grantee will dispose of equipment/property in accordance with the UGMS Subpart C, Sec. 32, (e). When the Grantee has been given federal or state equipment/property, the UGMS Subpart C, Sec. 32, (f) will be followed. L. The Grantee agrees to submit the Equipment/Property Acquired form by October 31, 2002, 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 8 Fiscal Year 2002 City of Lubbock Interlibrary Loan Center Grant Reporting Period Due Date September 1, 2001 - November 30, 2001 December 28, 2001 December 1, 2001 - February 28, 2002 March 29, 2002 March 1, 2002 - May 31, 2002 June 28, 2002 June 1, 2002- August 31, 2002 September 27, 2002 A final Financial Status Report is due by November 15, 2002. 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`'' 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. 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: djones@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@tsl.state.tx.us Fax Requests for Reimbursement, Financial Status Reports, Annual Property/Inventory Reports and other miscellaneous forms and reports to: Grants Accountant Fax: 512-463-3560 E-mail: mary.lu@tsl.state.tx.us Page 7 of 8 Fiscal Year 2002 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 IX. 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. X. SIGNATURES GRANTOR Texas State Library and Archives Commission � - XA�m - Edward Seidenberg, Assistant Stale Librarian 16 _(g_01 Date 4i � !, 14 Cynt a Alvarez -Mack Manager of Accounting and Grants Date GRANTEE Ci of Lubbock, Lubbock City -County Library Signature (Must be an official empowered to enter into contracts) Windy Sitton Typewritten or Printed Name Mayor Title September 27, 2001 Date est : Qj"e�� Rebecca Garza, City Secroary Page 8 of 8 Fiscal Year 2002 City of Lubbock Interlibrary Loan Center Grant Instructions for Certification By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted, if at any time, the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant" "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause title "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion --Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. FY99\Grants\Forms\Certification Regarding Debarment.doc This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 34 CFR Part 85, Section 85.510, Participant's responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-12911). Copies of the regulations may be obtained by contacting the person to which this proposal is submitted. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. _ City Of Lubbock Applicant Jeffrey A. Ripoel, Library Director Name and Title of Authorized Certifying Official 0, kw u t q-s-�6, Date 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. City Of Lubbock Interlibrary Loan Center Grant Organization Name Project Jeffrey A. Rippel, Library Director Name and Title of Authorized Representative (�9A A-1, Q q - .s, 01 Sig at e C f Date 34 CFR 82.110 TSL 9304 FY99\Grants\Forms\Certification Regarding Lobbying.doc OMB Approval No. 0348-0040 ASSURANCES - NON -CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, 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 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, (j) 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 424B (Rev. 7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 9. Will comply, as applicable, with the provisions of the Davis - Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333), regarding labor standards for federally -assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544," as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. SIGNATURE OF AHORIZED CERTI ING FICIAL TITLE Library Director APPLICANT ORG NI TIONDATE SUBMITTED City Of Lubbock ID Standard Form 424B (Rev. 7-97) Back August 15, 2001 Jeffrey Rippel, Director Lubbock City -County Library 1306 Ninth Street Lubbock, Texas 79401-2708 Dear Mr. Rippel: Resolution No. 2001—RO371 September 27,:2001 Item No. 24 Enclosed are two copies of your grant 470-02009 from the Texas State Library and Archives Commission (TSLAC) and the following forms: PO Box 12927 1. Certification Regarding Lobbying (for grants exceeding $100,000) Austin, Texas 2. Certification regarding Debarment, Suspension, Ineligibility, and 78711-2927 Voluntary Exclusion 3. Standard Form 42413, Assurances - Non -Construction Programs Director and Librarian ,, n Peggy D. Rudd �,� 4 (9t; a& Assistant State Librarian Wendy Clark Edward Seidenberg Systems Coordinator Library Development Division 512-936-2236 wendy.clark@tsl.state.tx.us Making Enclosures information work cc: Nancy Hill, System Coordinator for all Texans Please return one copy of the grant and each of the above forms with original signatures, on or before October 15, 2001, to: Grants Accountant, Texas State Library and Archives LorenzoZavala Commission, P.O. Box 12516, Austin, Texas 78711-2516. State Archives and Library Building Systems must notify TSLAC in writing within seven days of the employment or resignation of professional staff paid wholly or in part with funds from this grant. 1201 Brazos St. Austin TX 78701 - Under separate cover, we will send the System Coordinator a copy of the grant along with electronic copies of these forms: www.tsl.state.tx.us 1. Prior Approval Request 2. Uniform Statistical Report for Regional Systems — 2002 (with instructions) 3. FY 2002 Key Performance Target (with instructions) 4. Local/Systems Objectives Report Commission Chairman 5. Workshop Reporting Form 2002 Carolyn Palmer 6. Financial Status Report (OMB Form 269A) 7. Request for Advance or Reimbursement (OMB Form 270) Members 8. Equipment/Property Acquired Chris A. Brisack 9. Certification of Review Kenneth R. Carr Sandy Melton Please let me know if you have any questions relating to this grant or the process. I wish Sandra Pickett you great success in implementing your grant. Elizabeth Sanders Sincerely, Director and Librarian ,, n Peggy D. Rudd �,� 4 (9t; a& Assistant State Librarian Wendy Clark Edward Seidenberg Systems Coordinator Library Development Division 512-936-2236 wendy.clark@tsl.state.tx.us Making Enclosures information work cc: Nancy Hill, System Coordinator for all Texans Resolution No. 2001—RO371 September 27, 2001 Item No. 24 TEXAS STATE LIBRARY & ARCHIVES COMMISSION ORIGIML LIBRARY SYSTEM OPERATION GRANT Grant # 470-02009 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, 2001, to August 31, 2002 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: $407,783.00 B. Source of funds: CFDA # 45.310 Institute of Museum and Library Services, State Library Program Federal Fiscal Year 2001 Carryover General Revenue State Fiscal Year 2002 Page 1 of 9 Fiscal Year 2002 Library System Operation Grant za 41 Z O W CN w O N 0 a C\p F O 00 r`? �n ao N O p M t— 00 r- � en M M N [� M p i a M Q c ea O .c F U . M O 00 N CNO O O O N M 00 O O O(n O O O O O O p O O O O O O p l� N M M N M O O O O O O O 00 00 o o O � o v � •-' � M N N O l� 00 O O 00 O O O llc� h kr) O vi nj M N 00 N O O 00 00 0000 ONO N O O O v? O O N M r" •-- .�-. .fir ON O M O_ M_ O O M M vl N Ir _ N oo ao llc O M kn M M 00 l� 00 \O CN w O N 0 a F � U W ao a � i a Q c ea a .c F U . O CN w O N 0 a 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, 58.94% is from Federal L.S.T.A. funds (P.L. 104-208) and 41.06% 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, 2002. Approvals received after this date will be considered on a case-by-case basis. COST CATEGORIES 1. Preaward Costs None 2. Insurance (if not required by the grant) None 3. Rearrangements and Alterations of Facilities None Page 3 of 9 Fiscal Year 2002 Library System Operation Grant 4. Equipment/Property Adminstration 1 Microcomputer and 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 FY02) 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 2002, 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. uslthe_office/gts_tracs/Grants/guidelines. htm. Page 4 of 9 Fiscal Year 2002 Library System Operation 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, 2002. By October 31, 2002, all obligations must be liquidated. Final requests for advance must be received by Grantor on or before September 15, 2002. All unexpended funds must be returned to the Grantor along with the final report due November 15, 2002. Final request for reimbursement must be received no later than November 15, 2002. 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. 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. Page 5 of 9 Fiscal Year 2002 Library System Operation 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 agrees to 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 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, 2002, 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: Reporting Period Due Date September 1, 2001- November 30, 2001 December 6, 2001 December 1, 2001 - February 28, 2002 March 6, 2002 March 1, 2002 - May 31, 2002 June 6, 2002 June 1, 2002 - August 31, 2002 September 6, 2002 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. Page 6 of 9 Fiscal Year 2002 Library System Operation Grant P. The Grantee agrees to submit the quarterly Financial Status Report for each project funded under this contract according to the following schedule: ReportingPeriod Due Date September 1, 2001 - November 30, 2001 December 28, 2001 December 1, 2001 - February 28, 2002 March 29, 2002 March 1, 2002 - May 31, 2002 June 28, 2002 June 1, 2002- August 31, 2002 September 27, 2002 A final Financial Status Report is due by November 15, 2002. 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, 2001, to August 31, 2002, on or before September 28, 2002. S. The Grantee is restricted to one of two methods for requesting funds from the grantor. The Grantee may request an advance payment for estimated expenditures to be incurred for the upcoming 30 days, or request a reimbursement of the actual expenditures for the grantee's normal billing cycle. The Grantee will request payment on the OMB Standard Form 270, Request for Advance or Reimbursement, using box 12 rather than box 11 if requesting funds in advance. Requests may be made monthly, quarterly or any other time period, but not more than once a month. To request funds, Form 270 is due to the Grantor by the 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. 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 Page 7 of 9 Fiscal Year 2002 Library System Operation Grant 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: Mary Lu Grants Accountant Phone: 512-463-5472 Fax: 512-463-3560 E-mail: mary-lu@tsl.state.tx.us Payments to the Grantor, such as those for excess advanced funds or for interest earned each quarter on advanced funds, should be mailed with an explanation of the purpose of the payment and the grant number to: Grants Accountant Accounting and Grants Department Texas State Library and Archives Commission PO Box 12516 Austin, TX 78711-2516 IX. 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. Page 8 of 9 Fiscal Year 2002 Library System Operation Grant X. SIGNATURES GRANTOR Texas State Library and Archives Commission �"' (M -i Edward Seidenberg, Assistant St to Librarian 16-- If 01 Date Alvarez -Mack r of Accounting and Date GRANTEE City of Lubbock, Lubbock City -County Library Signature (Mus be an official empowered to enter into contracts) Windy Sitton Typewritten or Printed Name A�Gt MaVnr Title Page 9 of 9 Fiscal Year 2002 Library System Operation Grant September 27, 2001 Date Attest: "'o -.e , - 1��p � 9Z Rebecca Garza, City Secr ry ■ 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. City Of Lubbock Organization Name Library System Operation Grant Jeffrey A. Rippel, Library Director Name and Title of Authorized Representative 34 CFR 82.110 Project � - 5_ V1 Date TSL 9304 FY991Grants\Forms\Certification Regarding Lobbying.doc Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted, if at any time, the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant" "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause title "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion --Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. FY99\Grants\Forms\Certification Regarding Debarment.doc This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 34 CFR Part 85, Section 85.510, Participant's responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-12911). Copies of the regulations may be obtained by contacting the person to which this proposal is submitted. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Citv Of Lubbock Applicant Oeffrey A. Rippel, Library Director Name and Title of Authorized Certifying Official - ,S,bi Date OMB Approval No. 0348-0040 ASSURANCES - NON -CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewi instructions, 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 i reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 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 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, (j) 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 Foran 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). 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. SIGNATUREO AUTHORIZE ER ING OFFICIAL TITLE .Ll Library Oirector APPLICANT oUitATibN UUDATE SUBMITTED City Of Lubbock - S• 01 Standard Foran 424B (Rev. 7-97) Back August 17, 2001 Jeffrey Rippel, Director Lubbock City -County Library 1306 Ninth Street Lubbock, Texas 79401-2708 Dear Mr. Rippel: Resolution No. 2001—RO371 September 27, 2001 Item No. 24 Enclosed are two copies of your grant 476-02019 from the Texas State Library and PO Box 12927 Archives Commission (TSLAC) and the following forms: Texas as 78711-, Tex 1. Certification Regarding Lobbying (for grants exceeding $100,000) 2. Certification regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion 3. Standard Form 42413, Assurances - Non -Construction Programs Lorenzo de Zavala Please return one copy of the grant and each of the above forms with original signatures, State Archives and on or before October 15, 2001, to: Grants Accountant, Texas State Library and Archives Library Building Commission, P.O. Box 12516, Austin, Texas 78711-2516 1201 Brazos St. Under separate cover, we will send the System Coordinator a copy of the grant along Austin TX 78701 with electronic copies of these forms: Commission Chairman Carolyn Palmer Members Chris A. Brisack Kenneth R. Carr Sandy Melton Sandra Pickett Elizabeth Sanders Director and Librarian Peggy D. Rudd Assistant State Librarian Edward Seidenberg Making information work for all Texans 1. Prior Approval Request 2. Uniform Statistical Report with Explanation of Variance 3. Workshop Reporting Form 2002 4. Financial Status Report (OMB Form 269A) 5. Request for Advance or Reimbursement (OMB Form 270) 6. Equipment/Property Acquired Please let me know if you have any questions relating to this grant or the process. I wish you great success in implementing your grant. Sincerely, X4 AIDe" Kathleen Walls Grants Coordinator Library Development Division 512-463-5532 kathleen.wall satsl . state.tx.us Enclosures cc: Nancy Hill, System Coordinator y TEXAS STATE LIBRARY & ARCHIVES COMMISSION TECHNICAL ASSISTANCE NEGOTIATED GRANT Grant # 476-02019 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, 2001, to August 31, 2002 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: $ 79,991 B. Source of funds: CFDA # 45.310 Institute of Museum and Library Services, State Library Program Federal Fiscal Year 2001 Carryover TSLAC's accounting coding: Index Code 34762, Object Code 7611 Page 1 of 7 Fiscal Year 2002 City of Lubbock Technical Assistance Negotiated Grant C. Budget: Personnel $52,153 Fringe Benefits 15,563 Travel 4,350 Equipment/Property 0 Supplies 1,000 Contractual 0 Other 300 Total Direct Costs $73,366 Indirect Costs 6,625 Total $79,991 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 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, 2002. 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 2002). 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, 2002. 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, 2002. Approvals received after this date will be considered on a case-by-case basis. Page 2 of 7 Fiscal Year 2002City of Lubbock Technical Assistance Negotiated Grant COST CATEGORIES 1. Preaward Costs None 2. Insurance (if not required by the grand None 3. Rearrangements and Alterations of Facilities None 4. Equipment/PropertX 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 2002) as approved by the Grantor. VII. TERMS AND CONDITIONS A. The Grantee will comply with the Technical Assistance Negotiated Grants Program Guidelines for SFY 2002. 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/the office/gts_tracs/Grants/guidelines.htm. Page 3 of 7 Fiscal Year 2002 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. whi tehouse.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, 2002. By October 31, 2002, all obligations must be liquidated. Final requests for advance must be received by Grantor on or before September 15, 2002. All unexpended funds must be returned to the Grantor along with the final report due November 15, 2002. Final request for reimbursement must be received no later than November 15, 2002. 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. 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. Page 4 of 7 Fiscal Year 2002City of Lubbock Technical Assistance Negotiated Grant 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 it 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, 2002 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: Reporting Period Due Date September 1, 2001 - November 30, 2001 December 6, 2001 December 1, 2001 - February 28, 2002 March 6, 2002 March 1, 2002 - May 31, 2002 June 6, 2002 June 1, 2002 - August 31, 2002 September 6, 2002 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 7 Fiscal Year 2002City of Lubbock Technical Assistance Negotiated Grant Reporting_Period Due Date September 1, 2001 - November 30, 2001 December 28, 2001 December 1, 2001 - February 28, 2002 March 29, 2002 March 1, 2002 - May 31, 2002 June 28, 2002 June 1, 2002 - August 31, 2002 September 27, 2002 A final Financial Status Report is due by November 15, 2002 P. The Grantee will submit the Workshop Reporting Form to the Grantor for the period of September 1, 2001, to August 31, 2002, on or before September 27, 2002. 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 15t" 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. 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@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: camackna.tsl.state.tx.us Page 6 of 7 Fiscal Year 2002 City of Lubbock Technical Assistance Negotiated Grant Fax all reports to: Grants Accountant Phone: 512-463-5472 Fax: 512-463-3560 E-mail: mary.lu@tsl.state.tx.us Payments to the Grantor, such as those for excess advanced funds or for interest earned each quarter on advanced funds, should be mailed with an explanation of the purpose of the payment and the grant number to: Grants Accountant Texas State Library and Archives Commission PO Box 12516 Austin, TX 78711-2516 IX. 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. X. SIGNATURES Texas State Library and Archives Commission t�JA'0�" Edward Seidenberg, Assistant State Librarian D Cy is Alvarez -Mack Manager of Acc untm and Grants le Date GRANTEE City of Lubbock, Lubbock City -County Library 44t4 4&__ Signature (Mu be an official empowered to enter into contracts) Windy Sitton Typerwritten or Printed Name Mayor Title September 27, 2001 Date Page 7 of 7 Atte Rebecca Garza, City SYcretary Fiscal Year 2002 City of Lubbock Technical Assistance Negotiated Grant 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. City Of Lubbock Organization Name jeffrey A Ripoel I—i,hrary Directnr Name and Title of Authorized Representative Technical Assistance Negotiated Grant Project v T/ S- 61 Si a re Date 34 CFR 82.110 TSL 9304 FY99\Grants\Fonns\Certification Regarding Lobbying.doc Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted, if at any time, the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant" "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause title "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion --Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. FY99%C antSTOMIACertification Regarding Debarment.doc This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 34 CFR Part 85, Section 85.510, Participant's responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-12911). Copies of the regulations may be obtained by contacting the person to which this proposal is submitted. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. City Of Lubbock Applicant Jeffrey A. Rippel, Library Director Name and Title of Authorized Certifying Official Date OMB Approval No. 0348-0040 ASSURANCES - NON -CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 7. 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 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, (j) 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 4246 (Rev. 7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 9. Will comply, as applicable, with the provisions of the Davis - Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333), regarding labor standards for federally -assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. SIGNATUREUTHORIZED CER NG OFFICIAL TITLE U Library Director APPLICANT RG NIZATI N DATE SUBMITTED City Of Lubbock ` Standard Form 424B (Rev. 7-97) Back Resolution No. 2001—RO371 September 27, 2001 Item No. 24 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 ouncil. Passed by the City Council this 27th day of September , 2001. WINDY SITTON, MAYOR ATTEST: Re ecca Garza, City Secretary ATED TO CONTENT: J f 'ppel PO L Director APPROVED AS TO FORM: x M. Knight r � Assistant City Attorney JMK:cp Cityatt/John & ccdocs/LibraryGrants-2001.res September 7, 2001 1 1 , 1-001 Y DEVE ELOPMEWT DIVISION