R-04-12-16-14C1 - 12/16/2004 RESOLUTION NO. R-04-12-16-14C1
WHEREAS, the Texas State Library & Archives Commission has grant
funds available through the Loan Star Library Grant, and
WHEREAS, the City Council wishes to enter into a Lone Star
Libraries Grant Agreement for the available grant funds for
improvements to the library system, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Lone Star Libraries Grant Agreement, a copy of
same being attached hereto as Exhibit "A" and incorporated herein for
all purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
RESOLVED this 16th day of December, 2004 .
WELL, Mayor
i y of Round Rock, Texas
ST: .
P1�bb��f
CHRISTINE R. MARTINEZ, City Secret y
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TEXAS STATE LIBRARY & ARCHIVES COMMISSION
LOAN STAR LIBRARIES GRANT
Grant Type C— Under $20,000 EXHIBIT
Grant Number: 442-05408 -
I. CONTRACTING PARTIES
Grantor: Texas State Library and Archives Commission(TSLAC)
Grantee: City of Round Rock, Round Rock Public Library System
216 E Main Ave
Round Rock, Texas 78664
IL TERM OF GRANT
September 1, 2004, to August 31, 2005
III. STATEMENT OF SERVICES TO BE PERFORMED
Grant-funded activities shall provide services as outlined in the rov grant application. The
Grantee will comply during the period of this contract and provide services as outlined within the
approved grant application (Loan Star Libraries Grant for State FY05) as approved by the Grantor.
The approved grant application submitted by Grantee becomes part of this contract by this
reference.
The Grantee acknowledges that the intent of the grant is to provide funds to maintain, improve,
and enhance local library services, and to provide Texans who are not residents of a particular
community access to and services from the many participating public libraries in Texas.
IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS
A. The total amount of the grant shall not exceed: $10,185
B. Source of funds:
General Revenue, State Fiscal Year 2005
C. Payment for this grant will be funded in full upon delivery to Grantor of a legally executed
contract. Grantee should receive payment within 20 days after Grantor receives the executed
contract, provided all requirements for preceeding contracts have been fulfilled.
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D. The Grantee must request payments from Grantor on the OMB Standard Form 270, Request
for Advance or Reimbursement. Payment requests may be submitted to Grantor monthly,
quarterly, or any other standard time period, at the discretion of the Grantee's governing entity;
however, requests may not be submitted more than once per month. A Form 270 is due to the
Grantor on or before the 15th of the month to receive payment for the beginning of the
following month. Funds will generally be received by the Grantee within 10 days after Grantor
receives the payment request.
E. If requesting a reimbursement, Grantee must use box 11 on the Form 270. Grantor must
receive final request for reimbursement on or before October 15, 2005.
F. If requesting an advance, the Grantee must follow procedures that minimize the time elapsing
between the receipt and the disbursement of advanced grant funds. Grantees requesting
advance funds must use box 12 (rather than box 11)on the Form 270. Requests for advance
funds will generally be disbursed by the first working day of the advance period on the request,
provided request forms are received by stated deadlines. Grantor must receive final request
for advance on or before July 31, 2005.
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. The Grantee may not obligate grant funds after August 31, 2005. All obligations must be
liquidated on or before October 15, 2005.
1. Any interest accrued above $100 must be returned to Grantor, per requirements in UGMS. All
unexpended funds in excess of$25.00 must also be returned to the Grantor, along with the
Final Financial Status Report(FSR). See Section VII.B. of this contract for FSR due dates.
J. Per the approved grant application, funds are approved according to the following budget:
Personnel
Fringe Benefit
Travel
Equipment/Property
Supplies $6,510
Contractual $800
Other
$2,875
Total Direct Costs $10,185
Indirect Costs
Total $10,185
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V. WRITTEN PRIOR APPROVALS FOR FISCAL AND PROGRAMMATIC CHANGES
The Grantee must request written prior approval for fiscal and/or programmatic changes as
outlined in this Section. Grantee must receive written prior approval before obligating or
expending grant funds under any of the following conditions. Grantee must request written prior
approval on the Loan Star Libraries Grant Program Revision Form. Under no condition can a
Grantee request to exceed the total grant amount. Grantor must receive all prior requests on or
before July 31, 2005. Approvals received after this date will be considered on a case-by-case
basis.
A. Fiscal changes must have written prior approval under the following conditions:
1. Making cumulative transfers among budget cost categories or projects which are expected
to exceed ten(10)percent of the total grant; and/or,
2. Transferring any funds into a budget cost category that currently equals zero ($0).
B. Programmatic changes to the approved application (Loan Star Libraries Grants Plan of Action
for State FY 2005) must have written prior approval under any of the following conditions:
1. Obtaining the services of a third party to perform activities that are central to the purposes
of the grant; and/or,
2. Changing the scope or objectives of the approved program, regardless of whether there is an
associated budget revision. A change in scope is a substantive difference in the approach or
method used to reach program objectives.
C. All changes to the items listed under the following cost categories, if any, must have written
prior approval. Written prior approval is also required if an item's cost or features are
substantially different from what the approved grant application specifies or from a previously
approved Prior Approval Request.
COST CATEGORIES
1. Preaward Costs
None
2. Insurance (if not required by the ant)
None
3. Rearrangements and Alterations of Facilities
None
4. Equipment/Property
None
VI. EQUIPMENT AND PROPERTY REQUIREMENTS
A. The Grantee agrees to maintain records on all equipment/property with an acquisition cost
above governing entity's capitalization level. Subject to the obligations and conditions set
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forth in the Uniform Grant Management Standards (UGMS) Section III, Subpart C.32 (a),
title to equipment acquired under a grant will vest in the Grantee upon acquisition.
B. Equipment/Property is hereby defined as an article of nonexpendable, tangible personal
property having a useful life of more than one year, and an acquisition cost that equals or
exceeds the capitalization amount established by Grantee's governing entity. Grantee must
furnish a statement to Grantor certifying the governing entity's capitalization level with each
Prior Approval Request Form for equipment and/or property.
C. 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 the item's cost is above $500, or if
the item could be easily lost or stolen.
D. 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, Grantee will follow the UGMS Subpart C, Sec. 32, (f)
will be followed.
E. The Grantee must include any equipment/property acquired with grant funds in the required
bi-annual property inventory, and follow UGMS guidelines for property disposal. The
Grantee agrees to submit the Equipment/Property Acquired Form by October 31, 2005,
for all equipment/property purchased during the current grant year. This list must balance
the equipment/property purchased with prior approval amounts.
F. 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.
G. All changes to items listed in the Equipment/Property category outlined in Section V.C.4. of
this contract require written prior approval. This category includes equipment, furniture,
library materials, etc. purchased wholly or in part with grant funds. The prior approval
amount listed in that Section is the total approved capital expenditure amount, which is
defined as the cost of the equipment and/or property, including any cost necessary to put the
item into service, such as the cost of any modifications, attachments, accessories, or auxiliary
apparatus necessary to make the item usable for the purpose for which it is acquired.
Ancillary charges, such as taxes, duty, protective in-transit insurance, freight, and installation
may be included in, or excluded from, capital expenditure cost in accordance with the
Grantee's regular accounting practices.
VII. REPORTING REQUIREMENTS
The State Legislature has charged the Grantor with submitting performance measurement reports
that specify the level of services provided by its programs and services. In accepting these grant
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funds, the Grantee acknowledges responsibility for performing certain services on behalf of the
Grantor, as outlined in the approved Plan of Service. Therefore, the Grantee is responsible for
submitting periodic reports that reflect the Grantee's level of performance on these services to the
Grantor. To comply with these requirements, the Grantee agrees to submit reports that are timely,
accurate, auditable, and consistent with definitions. Note: Per Rule 2.165(e), future funds will
not be awarded to a library until all requirements for all preceeding contracts have been
fulfilled.
A. The Grantee agrees to submit the quarterly Loan Star Libraries Performance Report to the
Grantor on or before due dates listed in the following schedule. Grantee can submit a final
Performance Report once all grant funds are expended and all program requirements are
accomplished. Grantee should mark the Performance Report as final, and not submit any
subsequent Performance Report forms.
If library materials ordered with grant funds are received by Grantee after the end of the grant
year, a final Loan Star Libraries Performance Report may also be required covering receipt of
those materials. This final report will be due on or before November 15, 2005.
Reporting Period Due Date
September 1, 2004 - February 28, 2005 March 7, 2005
March 1, 2005 -August 31, 2005 September 7, 2005
B. The Grantee agrees to submit the Loan Star Libraries Financial Status Report (FSR) for the
project(s) funded under this contract semi-annually on or before the due dates listed in the
following schedule, so long as all grant funds have not been expended. Grantee can submit a
final FSR report once all grant funds are expended and all program requirements are
accomplished. Grantee should mark the FSR as final, and not submit any subsequent FSR
forms.
Reporting Period Due Date
September 1, 2004 - February 28, 2005 March 31, 2005
March 1, 2005 - August 31, 2005 September 30, 2005
If necessary, a final Financial Status Report is due on or before November 15, 2005.
C. The Grantee will send the Grantor a copy of all management letters issued by an auditor with
the reporting package(or written notification, as applicable) within 30 days of the audit. The
audit's Schedule of Expenditures of Federal and State Awards must list the amount of awards
expended for each award year separately.
VIII. GENERAL TERMS AND CONDITIONS
A. The Grantee will comply with the Loan Star Libraries Administrative Rules for State Fiscal
Year 2005, Texas Administrative Code, Chapters 2.160—2.165. Note: Per Rule 2.165(c) of
FY05 City of Round Rock Loan Star Libraries Grant Contract C-Under$20,000
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the Rules, assurances relating to non-resident fees or TexShare Library Card Program are in
effect for the entire term of the grant contract.
2.165 (c) "In accordance with the same policies and procedures the library has
adopted for its local resident customers" means the library shall provide the
same library services and may impose the same restrictions on non-resident
customers as it does for those customers who live locally.
B. The Grantee will comply with the Rules for Administering the Library Systems Act, Texas
Administrative Code, Chapters 1.91 — 1.97. Note: Grantee must continue to meet system
membership requirements to be eligible for future grants, per Texas Government Code, Section
441.138(c).
441.138 (c)
State aid to a free tax-supported public library is a supplement to and not a
replacement of local support
C. The Grantee will comply with the following three parts of the Governor's Office of Budget and
Planning, Uniform Grant Management Standards(UGMS), revised June 2004, located at
http://www.governor.state.tx.us/divisions/stategrants/guidelines/tiles/UGMS062004.doc.
1. Cost Principles for State and Local Governments and Other Affected Entities
(Adapted from OMB Circular A-87)
2. State Uniform Administrative Requirements for Grants and Cooperative Agreements
(Adapted from OMB Circular A-102)
3. State of Texas Single Audit Circular
(Adapted from OMB Circular A-133)
D. For grants funded with state funds, the Grantee will also comply with the third part of UGMS,
the State of Texas Single Audit Circular. For grants funded with federal funds, the Grantee
will also comply with the Office of Management and Budget(OMB) Circular A-133, Audits of
States, Local Governments, and Non-Profit Organizations (revised 6/97), located at
http://www.whitehouse..eovlombl rants/grants circulars html.
E. All publicity relating to the grant award must include acknowledgement of the Texas State
Library and Archives Commission whenever possible and practical. Publicity includes, but is
not limited to press releases, media events,public events, displays in the benefiting library,
announcements on the Grantee's Website, and materials distributed through the grant project.
The Grantee will provide the Grantor with one set of all public relations materials produced
under this grant.
F. Grantee understands that acceptance of funds under this contract acts as acceptance of the
authority of the State Auditor's Office, or any successor agency, to conduct an audit or
investigation in connection with those funds. Grantee further agrees to cooperate fully with the
State Auditor's Office or its successor in the conduct of the audit or investigation, including
providing all records requested. Grantee will ensure that this clause concerning the authority
FY05 City of Round Rock Loan Star Libraries Grant Contract C-Under$20,000
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to audit funds received indirectly by Sub-grantees through Grantee, and the requirement to
cooperate, is included in any sub-grant awarded.
G. The Grantee agrees to maintain all financial and programmatic records, supporting documents,
statistical records, and other records relating to this grant award according to Section U,
Subpart C.42 of UGMS. In general, Grantees must maintain records for a minimum of three
years from the date the Grantee submits to Grantor the last single audit or audit report for the
grant period.
H. The Grantee agrees to develop or revise, as necessary, any specific written documentation of
its current procedures for(1) collecting and reporting performance measures; (2) conducting a
fixed asset inventory; and/or, (3) any other issues identified in the Grantor's internal audit
report of grant activities. Drafts of this procedural documentation will be submitted to Grantor
by dates established mutually between Grantor and Grantee. Grantor will provide review and
guidance to enable final versions to be approved on or before established deadlines.
IX. ENFORCEMENT
A. Remedies for noncompliance. If a Grantee or Sub-grantee materially fails to comply with any
term of an award, whether stated in a federal or state statute or regulation, an assurance, in a
state plan or application, a notice of award, or elsewhere, the Grantor may take one or more of
the following actions, or impose other sanctions, as appropriate in the circumstances:
1. Temporarily withhold cash payments pending correction of the deficiency by the Grantee
or Sub-grantee, or more severe enforcement action by the Grantor;
2. Disallow(that is, deny both use of funds and matching credit for) all or part of the cost of
the activity or action not in compliance;
3. Wholly or partly suspend or terminate the current award for the Grantee's or Sub-grantee's
program;
4. Withhold further awards for the program; or
5. Take other remedies that may be legally available.
B. Hearings, appeals. In taking an enforcement action, the Grantor will provide the Grantee or
Sub-grantee an opportunity for such hearing, appeal, or other administrative proceeding to
which the Grantee or Sub-grantee is entitled under any statute or regulation applicable to the
action involved.
C. Effects of suspension and termination. Costs of Grantee or Sub-grantee resulting from
obligations incurred by the Grantee or Sub-grantee during a suspension or after termination of
an award are not allowable unless the Grantor expressly authorizes them in the notice of
suspension or termination, or subsequently. Other Grantee or Sub-grantee costs during
FY05 City of Round Rock Loan Star Libraries Grant Contract C-Under$20,000
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suspension or after termination which are necessary, and not reasonably avoidable, are
allowable if:
1. The costs resulting from obligations which were properly incurred by the Grantee or Sub-
grantee before the effective date of suspension or termination are not in anticipation of it
and, in the case of a termination, are noncancelable; and,
2. The costs would be allowable if the award were not suspended, or expired normally, at the
end of the funding period in which the termination takes effect.
D. Relationship to Debarment and Suspension. The enforcement remedies identified in this
section, including suspension and termination, do not preclude Grantee or Sub-grantee from
being subject to "Debarment and Suspension" under E.O. 12549 (see UGMS Section III,
Subpart C, Sec. 35) and state law.
X. CONTACTS AT TSLAC
Questions or concerns about programmatic issues and Prior Approval Requests should be directed
to this grant's Project Manager:
Loan Star Libraries Grant Coordinator
Phone: 512-463-5475
Fax: 512-463-8800
E-mail: wclark(a,tsl.state.tx.us
Questions or concerns about regulatory or financial issues should be directed to:
Manager, Accounting and Grants Department
Phone: 512-463-6626
Fax: 512-475-0185
E-mail: llutz(a)ts1.state.tx.us
Documentation relating to required Requests for Reimbursement/Advance, Financial Status
Reports, annual Property/Inventory Reports, and any other miscellaneous forms and reports should
be directed to:
Grants Accountant
Phone: 512-463-5472
Fax: 512-475-0185
E-mail: sjusticeAtsl.state.tx.us
Payments from Grantee to the Grantor, such as those for excess advanced funds or for interest
earned each quarter on advanced funds, should be mailed along with an explanation of the purpose
of the payment and must include the grant number. This information should be directed to:
FY05 City of Round Rock Loan Star Libraries Grant Contract C-Under$20,000
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Grants Accountant
Accounting and Grants Department
Texas State Library and Archives Commission
PO Box 12516
Austin, TX 78711-2516
XI. APPLICABLE AND GOVERNING LAW
A. The laws of the State of Texas shall govern this grant. All duties of either party shall be legally
performable in Texas. The applicable law for any legal disputes arising out of this contract
shall be the law of(and all actions hereunder shall be brought in) the State of Texas, and the
forum and venue for such disputes shall be Travis County, District Court.
B. This grant is subject to availability of funds.
XII. GRANT CERTIFICATIONS
A. The Grantor certifies that: (1) the services specified in the approved grant application, plan of
service, and this contract are necessary and essential for activities that are properly within the
statutory functions and programs of the affected organizations; (2) the services, supplies or
materials contracted for are not required by Section 21 of Article 16 of the Constitution of
Texas to be supplied under contract given to the lowest bidder; and, (3) the grant is in
compliance with Texas Government Code § 441.006, General Powers and Duties, Texas
Government Code § 441.135 Grants(Systems Act), the State Plan for the LSTA in Texas, and
the Uniform Grant Management Standards (UGMS).
B. The Grantee certifies by this contract that it will comply with the Assurances—Non-
Construction programs (OMB Standard Form 424B), the Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, and the
Certification Regarding Lobbying, as submitted to the Grantor. Additional assurances are
listed in UGMS, Subpart B.14.
C. The Grantee affirms that it has not given, offered to give, nor intends to give at any time
hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount,
trip, favor or service to a public servant in connection with this contract. The Grantee further
affirms that its employees or agents shall neither solicit nor accept gratuities, favors or
anything of monetary value from contractors, potential contractors, or parties to any sub-
agreements.
FY05 City of Round Rock Loan Star Libraries Grant Contract C-Under$20,000
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t
SIGNATURES
GRANTOR GRANTEE
Texas State Library and Archives Commission City of Round Rock,
Round Rock Public Library System
Edward Seidenberg, Assistant State Librarian Signature(Must be an official empowered
to enter into contracts)
Date Typewritten or Printed Name
'a, 6A",
Donna Osborne, Chief Fiscal Officer Title
f (D
Date f Date
FY05 City of Round Rock Loan Star Libraries Grant Contract C-Under$20,000
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CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
LOWER TIER COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 34 CFR Part 85, Section 85.510, Participant's responsibilities. The regulations were published as
Part VII of the May 26, 1988 Federal Register(pages 19160-12911). Copies of the regulations may be obtained
by contacting the person to which this proposal is submitted.
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Applicant
Name and Title of Authorized Certifying Official
Signature Date
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.
Attachment G
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 1975, as amended (42 U.S.C. §§6101-6107),
assistance and the institutional, managerial and which prohibits discrimination on the basis of
financial capability (including funds sufficient to age; (e) the Drug Abuse Office and Treatment
pay the non-Federal share of project cost) to Act of 1972 (P.L. 92-255), as amended, relating
ensure proper planning, management and to nondiscrimination on the basis of drug abuse;
completion of the project described in this (f) the Comprehensive Alcohol Abuse and
application. Alcoholism Prevention, Treatment and
2. Will give the awarding agency, the Comptroller Rehabilitation Act of 1970 (P.L. 91-616), as
General of the United States and, if appropriate, amended, relating to nondiscrimination on the
the State, through any authorized representative, basis of alcohol abuse or alcoholism; (g) §§523
access to and the right to examine all records, and 527 of the Public Health Service Act of 1912
books, papers, or documents related to the (42 U.S.C. §§290 dd-3 and 290 ee-3), as
award; and will establish a proper accounting amended, relating to confidentiality of alcohol
system in accordance with generally accepted and drug abuse patient records; (h) Title VIII of
accounting standards or agency directives. the Civil Rights Act of 1968 (42 U.S.C. §§3601 et
seq.), as amended, relating to nondiscrimination
3. Will establish safeguards to prohibit employees in the sale, rental or financing of housing; (i) any
from using their positions for a purpose that other nondiscrimination provisions in the specific
constitutes or presents the appearance of statute(s) under which application for Federal
personal or organizational conflict of interest, or assistance is being made; and, 0) the
personal gain. requirements of any other nondiscrimination
4. Will initiate and complete the work within the statute(s)which may apply to the application.
applicable time frame after receipt of approval of 7. Will comply, or has already complied, with the
the awarding agency. requirements of Titles II and III of the Uniform
Relocation Assistance and Real Property
5. Will comply with the Intergovernmental Acquisition Policies Act of 1970 (P.L. 91-646)
Personnel Act of 1970 (42 U.S.C. §§4728-4763) which provide for fair and equitable treatment of
relating to prescribed standards for merit persons displaced or whose property is acquired
systems for programs funded under one of the as a result of Federal or federally-assisted
19 statutes or regulations specified in Appendix programs. These requirements apply to all
A of OPM's Standards for a Merit System of interests in realroe acquired for
p p rty q project
Personnel Administration (5 C.F.R. 900, Subpart purposes regardless of Federal participation in
F). purchases.
6. Will comply with all Federal statutes relating to 8. Will comply, as applicable, with provisions of the
nondiscrimination. These include but are not Hatch Act (5 U.S.C. §§1501-1508 and 7324-
limited to: (a) Title VI of the Civil Rights Act of 7328) which limit the political activities of
1964 (P.L. 88-352)which prohibits discrimination employees whose principal employment activities
on the basis of race, color or national origin; (b) are funded in whole or in part with Federal funds.
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
Standard Form 424B(Rev.7.97)
Previous Bdition usable Authorized for Local Reproduction Prescribed by OMB Circular A•102
9. Will comply, as applicable, with the provisions of 12. Will comply with the Wild and Scenic Rivers Act
the Davis-Bacon Act (40 U.S.C. §§276a to 276a- of 1968 (16 U.S.C. §§1271 et seq.) related to
7), the Copeland Act (40 U.S.C. §276c and 18 protecting components or potential components
U.S.C. §874), and the Contract Work Hours and of the national wild and scenic rivers system.
Safety Standards Act (40 U.S.C. §§327-333),
regarding labor standards for federally-assisted 13. Will assist the awarding agency in assuring
construction subagreements. compliance with Section 106 of the National
Historic Preservation Act of 1966, as amended
10. Will comply, if applicable, with flood insurance (16 U.S.C. §470), EO 11593 (identification and
purchase requirements of Section 102(a) of the protection of historic properties), and the
Flood Disaster Protection Act of 1973 (P.L. 93- Archaeological and Historic Preservation Act of
234) which requires recipients in a special flood 1974 (16 U.S.C. §§469a-1 et seq.).
hazard area to participate in the program and to
purchase flood insurance if the total cost of 14. Will comply with P.L. 93-348 regarding the
insurable construction and acquisition is $10,000 protection of human subjects involved in
or more. research, development, and related activities
11. Will comply with environmental standards which supported by this award of assistance.
may be prescribed pursuant to the following: (a) 15. Will comply with the Laboratory Animal Welfare
institution of environmental quality control Act of 1966 (P.L. 89-544, as amended,.? U.S.C.
measures under the National Environmental §§2131 et seq.) pertaining to the care, handling,
Policy Act of 1969 (P.L. 91-190) and Executive and treatment of warm blooded animals held for
Order (EO) 11514; (b) notification of violating research, teaching, or other activities supported
facilities pursuant to EO 11738; (c) protection of by this award of assistance.
wetlands pursuant to EO 11990; (d)evaluation of 16. Will comply with the Lead-Based Paint Poisoning
flood hazards in floodplains in accordance with Prevention Act(42 U.S.C. §§4801 et seq.)which
EO 11988; (e) assurance of project consistency prohibits the use of lead-based paint in
with the approved State management program construction or rehabilitation of residence
developed under the Coastal Zone Management structures.
Act of 1972 (16 U.S.C. §§1451 et seq.); (f)
conformity of Federal actions to State(Clean Air) 17. Will cause to be performed the required financial
Implementation Plans under Section 176(c) of and compliance audits in accordance with the
the- Clean Air Act of 1955, as amended (42 Single Audit Act Amendments of 1996 and OMB
U.S.C. §§7401 et seq.); (g) protection of Circular No. A-133, "Audits of State, Local
underground sources of drinking water under the Governments, and Non-Profit Organizations."
Safe Drinking Water Act of 1974, as amended 18. Will comply with all applicable requirements of all
(P.L. 93-523); and, (h) protection of endangered other Federal laws, executive orders,regulations,
species under the Endangered Species Act of and policies governing this program.
1973, as amended(P.L.93-205).
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
APPLICANT ORGANIZATION DATE SUBMITTED
Standard Form 4248(Rev.7-971 Back
DATE: December 9, 2004
SUBJECT: City Council Meeting - December 16, 2004
ITEM: *14.C.1. Consider a resolution authorizing the Mayor to accept
a Lone Star Library grant from the Texas State Library
& Archives Commission.
Department: Library
Staff Person: Dale Ricklefs, Director
Justification:
This grant will add furniture to the library, manage the printing by the public better,
which will allow for better fee collection, and replace older sections of the fiction
collection with newer titles. The furniture will add attractive seating for children.
The printer software will inform customer of the number of pages and cost ahead of
time, minimizing surprises and the additional fiction items will provide for a more
attractive collection.
Funding•
Cost: $10,185
Source of funds: Texas State Library and Archives Commission
Outside Resources: N/A
Background Information:
For the past three years, the library has received a grant from the State Library,
usually in the $10,000 range. The funds are given to the City directly. Staff
submitted a plan for those funds in October. No match is required. The funds will be
used to purchase children's' furniture, software to manage the public printers, and
upgrade the fiction collection.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
TEXAS STATE LIBRARY & ARCHIVES COMMISSION
LOAN STAR LIBRARIES GRANT
Grant Type C— Under $20,000
Grant Number: 442-05408
� g
C
L CONTRACTING PARTIES
Grantor: Texas State Library and Archives Commission(TSLAC)
Grantee: City of Round Rock, Round Rock Public Library System
216 E Main Ave
Round Rock, Texas 78664
II. TERM OF GRANT
September 1, 2004, to August 31, 2005
III. STATEMENT OF SERVICES TO BE PERFORMED
Grant-funded activities shall provide services as outlined in the approved grant application. The
Grantee will comply during the period of this contract and provide services as outlined within the
approved grant application(Loan Star Libraries Grant for State FY05) as approved by the Grantor.
The approved grant application submitted by Grantee becomes part of this contract by this
reference.
The Grantee acknowledges that the intent of the grant is to provide funds to maintain, improve,
and enhance local library services, and to provide Texans who are not residents of a particular
community access to and services from the many participating public libraries in Texas.
IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS
A. The total amount of the grant shall not exceed: $10,185
B. Source of funds:
General Revenue, State Fiscal Year 2005
C. Payment for this grant will be funded in full upon delivery to Grantor of a legally executed
contract. Grantee should receive payment within 20 days after Grantor receives the executed
contract, provided all requirements for preceeding contracts have been fulfilled.
FY05 City of Round Rock Loan Star Libraries Grant Contract C-Under$20,000
R-oy.1�-l�-�ycl i of 10
D. The Grantee must request payments from Grantor on the OMB Standard Form 270, Request
for Advance or Reimbursement. Payment requests may be submitted to Grantor monthly,
quarterly, or any other standard time period, at the discretion of the Grantee's governing entity;
however, requests may not be submitted more than once per month. A Form 270 is due to the
Grantor on or before the 15th of the month to receive payment for the beginning of the
following month. Funds will generally be received by the Grantee within 10 days after Grantor
receives the payment request.
E. If requesting a reimbursement, Grantee must use box 11 on the Form 270. Grantor must
receive final request for reimbursement on or before October 15, 2005.
F. If requesting an advance, the Grantee must follow procedures that minimize the time elapsing
between the receipt and the disbursement of advanced grant funds. Grantees requesting
advance funds must use box 12 (rather than box 11) on the Form 270. Requests for advance
funds will generally be disbursed by the first working day of the advance period on the request,
provided request forms are received by stated deadlines. Grantor must receive final request
for advance on or before July 31, 2005.
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. The Grantee may not obligate grant funds after August 31, 2005. All obligations must be
liquidated on or before October 15, 2005.
I. Any interest accrued above $100 must be returned to Grantor, per requirements in UGMS. All
unexpended funds in excess of$25.00 must also be returned to the Grantor, along with the
Final Financial Status Report (FSR). See Section VII.B. of this contract for FSR due dates.
J. Per the approved grant application, funds are approved according to the following budget:
Personnel
Fringe Benefit
Travel
Equipment/Property
Supplies $6,510
Contractual $800
Other $2,875
Total Direct Costs $10,185
Indirect Costs
Total
$10,185
FY05 City of Round Rock Loan Star Libraries Grant Contract C-Under$20,000
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V. WRITTEN PRIOR APPROVALS FOR FISCAL AND PROGRAMMATIC CHANGES
The Grantee must request written prior approval for fiscal and/or programmatic changes as
outlined in this Section. Grantee must receive written prior approval before obligating or
expending grant funds under any of the following conditions. Grantee must request written prior
approval on the Loan Star Libraries Grant Program Revision Form. Under no condition can a
Grantee request to exceed the total grant amount. Grantor must receive all prior requests on or
before July 31, 2005. Approvals received after this date will be considered on a case-by-case
basis.
A. Fiscal changes must have written prior approval under the following conditions:
1. Making cumulative transfers among budget cost categories or projects which are expected
to exceed ten(10) percent of the total grant; and/or,
2. Transferring any funds into a budget cost category that currently equals zero ($0).
B. Programmatic changes to the approved application(Loan Star Libraries Grants Plan of Action
for State FY 2005) must have written prior approval under any of the following conditions:
1. Obtaining the services of a third party to perform activities that are central to the purposes
of the grant; and/or,
2. Changing the scope or objectives of the approved program, regardless of whether there is an
associated budget revision. A change in scope is a substantive difference in the approach or
method used to reach program objectives.
C. All changes to the items listed under the following cost categories, if any, must have written
prior approval. Written prior approval is also required if an item's cost or features are
substantially different from what the approved grant application specifies or from a previously
approved Prior Approval Request.
COST CATEGORIES
1. Preaward Costs
None
2. Insurance(if not required by the ant)
None
3. Rearrangements and Alterations of Facilities
None
4. Equipment/Property
None
VI. EQUIPMENT AND PROPERTY REQUIREMENTS
A. The Grantee agrees to maintain records on all equipment/property with an acquisition cost
above governing entity's capitalization level. Subject to the obligations and conditions set
FY05 City of Round Rock Loan Star Libraries Grant Contract C-Under$20,000
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forth in the Uniform Grant Management Standards (UGMS) Section 111, Subpart C.32 (a),
title to equipment acquired under a grant will vest in the Grantee upon acquisition.
B. Equipment/Property is hereby defined as an article of nonexpendable, tangible personal
property having a useful life of more than one year, and an acquisition cost that equals or
exceeds the capitalization amount established by Grantee's governing entity. Grantee must
furnish a statement to Grantor certifying the governing entity's capitalization level with each
Prior Approval Request Form for equipment and/or property.
C. 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 the item's cost is above$500, or if
the item could be easily lost or stolen.
D. 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, Grantee will follow the UGMS Subpart C, Sec. 32, (f)
will be followed.
E. The Grantee must include any equipment/property acquired with grant funds in the required
bi-annual property inventory, and follow UGMS guidelines for property disposal. The
Grantee agrees to submit the Equipment/Property Acquired Form by October 31, 2005,
for all equipment/property purchased during the current grant year. This list must balance
the equipment/property purchased with prior approval amounts.
F. 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.
G. All changes to items listed in the Equipment/Property category outlined in Section V.C.4. of
this contract require written prior approval. This category includes equipment, furniture,
library materials, etc. purchased wholly or in part with grant funds. The prior approval
amount listed in that Section is the total approved capital expenditure amount, which is
defined as the cost of the equipment and/or property, including any cost necessary to put the
item into service, such as the cost of any modifications, attachments, accessories, or auxiliary
apparatus necessary to make the item usable for the purpose for which it is acquired.
Ancillary charges, such as taxes, duty, protective in-transit insurance, freight, and installation
may be included in, or excluded from, capital expenditure cost in accordance with the
Grantee's regular accounting practices.
VII. REPORTING REQUIREMENTS
The State Legislature has charged the Grantor with submitting performance measurement reports
that specify the level of services provided by its programs and services. In accepting these grant
FY05 City of Round Rock Loan Star Libraries Grant Contract C-Under$20,000
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funds, the Grantee acknowledges responsibility for performing certain services on behalf of the
Grantor, as outlined in the approved Plan of Service. Therefore, the Grantee is responsible for
submitting periodic reports that reflect the Grantee's level of performance on these services to the
Grantor. To comply with these requirements, the Grantee agrees to submit reports that are timely,
accurate, auditable, and consistent with definitions. Note: Per Rule 2.165(e), future funds will
not be awarded to a library until all requirements for all preceeding contracts have been
fulfilled.
A. The Grantee agrees to submit the quarterly Loan Star Libraries Performance Report to the
Grantor on or before due dates listed in the following schedule. Grantee can submit a final
Performance Report once all grant funds are expended and all program requirements are
accomplished. Grantee should mark the Performance Report as final, and not submit any
subsequent Performance Report forms.
If library materials ordered with grant funds are received by Grantee after the end of the grant
year, a final Loan Star Libraries Performance Report may also be required covering receipt of
those materials. This final report will be due on or before November 15, 2005.
Reporting Period Due Date
September 1, 2004 -February 28, 2005 March 7, 2005
March 1, 2005 - August 31, 2005 September 7, 2005
B. The Grantee agrees to submit the Loan Star Libraries Financial Status Report(FSR) for the
project(s) funded under this contract semi-annually on or before the due dates listed in the
following schedule, so long as all grant funds have not been expended. Grantee can submit a
final FSR report once all grant funds are expended and all program requirements are
accomplished. Grantee should mark the FSR as final, and not submit any subsequent FSR
forms.
Reporting Period Due Date
September 1, 2004 - February 28, 2005 March 31, 2005
March 1, 2005 - August 31, 2005 September 30, 2005
If necessary, a final Financial Status Report is due on or before November 15, 2005.
C. The Grantee will send the Grantor a copy of all management letters issued by an auditor with
the reporting package(or written notification, as applicable) within 30 days of the audit. The
audit's Schedule of Expenditures of Federal and State Awards must list the amount of awards
expended for each award year separately.
VIII. GENERAL TERMS AND CONDITIONS
A. The Grantee will comply with the Loan Star Libraries Administrative Rules for State Fiscal
Year 2005, Texas Administrative Code, Chapters 2.160—2.165. Note: Per Rule 2.165(c) of
FY05 City of Round Rock Loan Star Libraries Grant Contract C-Under$20,000
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the Rules, assurances relating to non-resident fees or TexShare Library Card Program are in
effect for the entire term of the grant contract.
2.165 (c) "In accordance with the same policies and procedures the library has
adopted for its local resident customers" means the library shall provide the
same library services and may impose the same restrictions on non-resident
customers as it does for those customers who live locally.
B. The Grantee will comply with the Rules for Administering the Library Systems Act, Texas
Administrative Code, Chapters 1.91 — 1.97. Note: Grantee must continue to meet system
membership requirements to be eligible for future grants,per Texas Government Code, Section
441.138(c).
441.138 (c)
State aid to a free tax-supported public library is a supplement to and not a
replacement of local support
C. The Grantee will comply with the following three parts of the Governor's Office of Budget and
Planning, Uniform Grant Management Standards (UGMS), revised June 2004, located at
http://www.go vernor.state.tx.us/divisions/stategrants/guidelines/files/UGMS062004.doc.
1. Cost Principles for State and Local Governments and Other Affected Entities
(Adapted from OMB Circular A-87)
2. State Uniform Administrative Requirements for Grants and Cooperative Agreements
(Adapted from OMB Circular A-102)
3. State of Texas Single Audit Circular
(Adapted from OMB Circular A-133)
D. For grants funded with state funds, the Grantee will also comply with the third part of UGMS,
the State of Texas Single Audit Circular. For grants funded with federal funds, the Grantee
will also comply with the Office of Management and Budget(OMB) Circular A-133, Audits of
States, Local Governments, and Non-Profit Organizations(revised 6/97), located at
http://www.whitehouse.gov/omb/grants/ rants circulars html.
E. All publicity relating to the grant award must include acknowledgement of the Texas State
Library and Archives Commission whenever possible and practical. Publicity includes, but is
not limited to press releases, media events, public events, displays in the benefiting library,
announcements on the Grantee's Website, and materials distributed through the grant project.
The Grantee will provide the Grantor with one set of all public relations materials produced
under this grant.
F. Grantee understands that acceptance of funds under this contract acts as acceptance of the
authority of the State Auditor's Office, or any successor agency, to conduct an audit or
investigation in connection with those funds. Grantee further agrees to cooperate fully with the
State Auditor's Office or its successor in the conduct of the audit or investigation, including
providing all records requested. Grantee will ensure that this clause concerning the authority
FY05 City of Round Rock Loan Star Libraries Grant Contract C-Under$20,000
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to audit funds received indirectly by Sub-grantees through Grantee, and the requirement to
cooperate, is included in any sub-grant awarded.
G. The Grantee agrees to maintain all financial and programmatic records, supporting documents,
statistical records, and other records relating to this grant award according to Section H,
Subpart C.42 of UGMS. In general, Grantees must maintain records for a minimum of three
years from the date the Grantee submits to Grantor the last single audit or audit report for the
grant period.
H. The Grantee agrees to develop or revise, as necessary, any specific written documentation of
its current procedures for(1) collecting and reporting performance measures; (2) conducting a
fixed asset inventory; and/or, (3) any other issues identified in the Grantor's internal audit
report of grant activities. Drafts of this procedural documentation will be submitted to Grantor
by dates established mutually between Grantor and Grantee. Grantor will provide review and
guidance to enable final versions to be approved on or before established deadlines.
IX. ENFORCEMENT
A. Remedies for noncompliance. If a Grantee or Sub-grantee materially fails to comply with any
term of an award, whether stated in a federal or state statute or regulation, an assurance, in a
state plan or application, a notice of award, or elsewhere, the Grantor may take one or more of
the following actions, or impose other sanctions, as appropriate in the circumstances:
1. Temporarily withhold cash payments pending correction of the deficiency by the Grantee
or Sub-grantee, or more severe enforcement action by the Grantor;
2. Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of
the activity or action not in compliance;
3. Wholly or partly suspend or terminate the current award for the Grantee's or Sub-grantee's
program;
4. Withhold further awards for the program; or
5. Take other remedies that may be legally available.
B. Hearings,appeals. In taking an enforcement action, the Grantor will provide the Grantee or
Sub-grantee an opportunity for such hearing, appeal, or other administrative proceeding to
which the Grantee or Sub-grantee is entitled under any statute or regulation applicable to the
action involved.
C. Effects of suspension and termination Costs of Grantee or Sub-grantee resulting from
obligations incurred by the Grantee or Sub-grantee during a suspension or after termination of
an award are not allowable unless the Grantor expressly authorizes them in the notice of
suspension or termination, or subsequently. Other Grantee or Sub-grantee costs during
FY05 City of Round Rock Loan Star Libraries Grant Contract C-Under$20,000
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suspension or after termination which are necessary, and not reasonably avoidable, are
allowable if.
1. The costs resulting from obligations which were properly incurred by the Grantee or Sub-
grantee before the effective date of suspension or termination are not in anticipation of it
and, in the case of a termination, are noncancelable; and,
2. The costs would be allowable if the award were not suspended, or expired normally, at the
end of the funding period in which the termination takes effect.
D. Relationship to Debarment and Suspension The enforcement remedies identified in this
section, including suspension and termination, do not preclude Grantee or Sub-grantee from
being subject to "Debarment and Suspension" under E.O. 12549 (see UGMS Section III,
Subpart C, Sec. 35) and state law.
X. CONTACTS AT TSLAC
Questions or concerns about programmatic issues and Prior Approval Requests should be directed
to this grant's Project Manager:
Loan Star Libraries Grant Coordinator
Phone: 512-463-5475
Fax: 512-463-8800
E-mail: wclark(a),tsl.state.tx.us
Questions or concerns about regulatory or financial issues should be directed to:
Manager, Accounting and Grants Department
Phone: 512-463-6626
Fax: 512-475-0185
E-mail: llutz(a),tsl.state.tx.us
Documentation relating to required Requests for Reimbursement/Advance, Financial Status
Reports, annual Property/Inventory Reports, and any other miscellaneous forms and reports should
be directed to:
Grants Accountant
Phone: 512-463-5472
Fax: 512-475-0185
E-mail: siustice(a)tsl.state.tx.us
Payments from Grantee to the Grantor, such as those for excess advanced funds or for interest
earned each quarter on advanced funds, should be mailed along with an explanation of the purpose
of the payment and must include the grant number. This information should be directed to:
FY05 City of Round Rock Loan Star Libraries Grant Contract C-Under$20,000
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Grants Accountant
Accounting and Grants Department
Texas State Library and Archives Commission
PO Box 12516
Austin, TX 78711-2516
XI. APPLICABLE AND GOVERNING LAW
A. The laws of the State of Texas shall govern this grant. All duties of either party shall be legally
performable in Texas. The applicable law for any legal disputes arising out of this contract
shall be the law of(and all actions hereunder shall be brought in) the State of Texas, and the
forum and venue for such disputes shall be Travis County, District Court.
B. This grant is subject to availability of funds.
XII. GRANT CERTIFICATIONS
A. The Grantor certifies that: (1) the services specified in the approved grant application, plan of
service, and this contract are necessary and essential for activities that are properly within the
statutory functions and programs of the affected organizations; (2) the services, supplies or
materials contracted for are not required by Section 21 of Article 16 of the Constitution of
Texas to be supplied under contract given to the lowest bidder; and, (3) the grant is in
compliance with Texas Government Code § 441.006, General Powers and Duties, Texas
Government Code § 441.135 Grants (Systems Act), the State Plan for the LSTA in Texas, and
the Uniform Grant Management Standards (UGMS).
B. The Grantee certifies by this contract that it will comply with the Assurances—Non-
Construction programs (OMB Standard Form 424B), the Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, and the
Certification Regarding Lobbying, as submitted to the Grantor. Additional assurances are
listed in UGMS, Subpart B.14.
C. The Grantee affirms that it has not given, offered to give, nor intends to give at any time
hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount,
trip, favor or service to a public servant in connection with this contract. The Grantee further
affirms that its employees or agents shall neither solicit nor accept gratuities, favors or
anything of monetary value from contractors, potential contractors, or parties to any sub-
agreements.
FY05 City of Round Rock Loan Star Libraries Grant Contract C-Under$20,000
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SIGNATURES
GRANTOR GRANTEE
Texas State Library and Archives Commission City of Round Rock,
Round Rock Public Librar-System
Edward Seidenberg, Assistant State Librarian ature f(K u bean official empowered
to enter into contracts)
Al vLE m 0444U,
Dat Type ritten or Printed Name
migy0k
Donna Osborne, Chief Fiscal Officer Title
� o/;O(oC� /a-]&
Date Date
FY05 City of Round Rock Loan Star Libraries Grant Contract C-Under$20,000
10 of 10
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
LOWER TIER COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 34 CFR Part 85, Section 85.510, Participant's responsibilities. The regulations were published as
Part VII of the May 26, 1988 Federal Register(pages 19160-12911). Copies of the regulations may be obtained
by contacting the person to which this proposal is submitted.
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
e/7-v - of Pow)o a
Applicant
N miq �cwu�
Nafne and Title ofAuthorized Certifying Official
is - i� -off
Signature Date
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.
Attachment G
OMB Approval Na.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 1975, as amended (42 U.S.C. §§6101-6107),
assistance and the institutional, managerial and which prohibits discrimination on the basis of
financial capability (including funds sufficient to age; (e) the Drug Abuse Office and Treatment
pay the non-Federal share of project cost) to Act of 1972 (P.L. 92-255), as amended, relating
ensure proper planning, management and to nondiscrimination on the basis of drug abuse-,
completion of the project described in this (f) the Comprehensive Alcohol Abuse and
application. Alcoholism Prevention, Treatment and
2. Will give the awarding agency, the Comptroller Rehabilitation Act of 1970 (P.L. 91-616), as
General of the United States and, if appropriate, amended, relating to nondiscrimination on the
the State, through any authorized representative, basis of alcohol abuse or alcoholism; (g) §§523
access to and the right to examine all records, and 527 of the Public Health Service Act of 1912
books, papers, or documents related to the (42 U.S.C. §§290 dd-3 and 290 ee-3), as
award; and will establish a proper accounting amended, relating to confidentiality of alcohol
system in accordance with generally accepted and drug abuse patient records; (h) Title VIII of
accounting standards or agency directives. the Civil Rights Act of 1968(42 U.S.C.§§3601 et
seq.), as amended, relating to nondiscrimination
3. Will establish safeguards to prohibit employees in the sale, rental or financing of housing; (i) any
from using their positions for a purpose that other nondiscrimination provisions in the specific
constitutes or presents the appearance of statute(s) under which application for Federal
personal or organizational conflict of interest, or assistance is being made; and, G) the
personal gain. requirements of any other nondiscrimination
4. Will initiate and complete the work within the statute(s)which may apply to the application.
applicable time frame after receipt of approval of 7. Will comply, or has already complied, with the
the awarding agency. requirements of Titles Il and 111 of the Uniform
Relocation Assistance and Real Property
5. Will comply with the Intergovernmental Acquisition Policies Act of 1970 (P.L. 91-646)
Personnel Act of 1970 (42 U.S.C. §§4728-4763) which provide for fair and equitable treatment of
relating to prescribed standards for merit persons displaced or whose property is acquired
systems for programs funded under one of the as a result of Federal or federally-assisted
19 statutes or regulations specified in Appendix programs. These requirements apply to all
A of OPM's Standards for a Merit System of interests in real property acquired for project
Personnel Administration (5 C.F.R. 900, Subpart purposes regardless of Federal participation in
F). purchases.
6. Will comply with all Federal statutes relating to 8. Will comply, as applicable, with provisions of the
nondiscrimination. These include but are not Hatch Act (5 U.S.C. §§1501-1508 and 7324-
limited to: (a) Title VI of the Civil Rights Act of 7328) which limit the political activities of
1964 (P.L. 88-352)which prohibits discrimination employees whose principal employment activities
on the basis of race, color or national origin, (b) are funded in whole or in part with Federal funds.
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
Standard Form 4248(Rev.7-97)
Previous Edition usable Authorized for Local Reproduction Prescribed by OMB circular A-roe
9. Will comply, as applicable, with the provisions of 12. Will comply with the Wild and Scenic Rivers Act
the Davis-Bacon Act (40 U.S.C. §§276a to 276a- of 1968 (16 U.S.C. §§1271 et seq.) related to
7), the Copeland Act (40 U.S.C. §276c and 18 protecting components or potential components
U.S.C. §874), and the Contract Work Hours and of the national wild and scenic rivers system.
Safety Standards Act (40 U.S.C. §§327-333), 13. Will assist the awarding agency in assuring
regarding labor standards for federally-assisted compliance with Section 106 of the National
construction subagreements. Historic Preservation Act of 1966, as amended
10. Will comply, if applicable, with flood insurance (16 U.S.C. §470), EO 11593 (identification and
purchase requirements of Section 102(a) of the protection of historic properties), and the
Flood Disaster Protection Act of 1973 (P.L. 93- Archaeological and Historic Preservation Act of
234) which requires recipients in a special flood 1974(16 U.S.C.§§469a-1 et seq.).
hazard area to participate in the program and to 14. Will comply with P.L. 93-348 regarding the
purchase flood insurance if the total cost of protection of human subjects involved in
insurable construction and acquisition is $10,000 p
or more. research, develo ment, and related activities
supported by this award of assistance.
11. Will comply with environmental standards which
may be prescribed pursuant to the following: (a) 15. Will comply with the Laboratory Animal Welfare
institution of environmental quality control Act of 1966 (P.L. 89-544, as amended,.7 U.S.C.
measures under the National Environmental §§2131 et seq.) pertaining to the care, handling,
Policy Act of 1969 (P.L. 91-190) and Executive and treatment of warm blooded animals held for
Order (EO) 11514; (b) notification of violating research, teaching, st other activities supported
facilities pursuant to EO 11738; c by this award of assistance.
p ( ) protection of
wetlands pursuant to EO 11990; (d)evaluation of 16. Will comply with the Lead-Based Paint Poisoning
flood hazards in floodplains in accordance with Prevention Act(42 U.S.C. §§4801 et seq.)which
EO 11988; (e) assurance of project consistency prohibits the use of lead-based paint in
with the approved State management program construction or rehabilitation of residence
developed under the Coastal Zone Management structures.
Act of 1972 (16 U.S.C. §§1451 et seq.); (f)
conformity of Federal actions to State (Clean Air) 17. Will cause to be performed the required financial
Implementation Plans under Section 176(c) of and compliance audits in accordance with the
the- Clean Air Act of 1955, as amended (42 Single Audit Act Amendments of 1996 and OMB
U.S.C. §§7401 et seq.); (g) protection of Circular No. A-133, "Audits of State, Local
underground sources of drinking water under the Governments,and Non-Profit Organizations."
Safe Drinking Water Act of 1974, as amended 18. Will comply with all applicable requirements of all
(P.L. 93-523); and, (h) protection of endangered other Federal laws, executive orders,regulations,
species under the Endangered Species Act of and policies governing this program.
1973,as amended(P.L.93-205).
SIGNATURE OF AUTHORIZED CERTI G OFFI IAL TITLE
M A yon
A P P L I C A'N I ZAT 10'17 DATE SUBMITTED
C i�Y OF
kowio kook,
Standard FoWm 424B(Rev.7-971 Back
R°ono...Ro'cy
' GRANT APPLICATION/PROPOSAL REVIEW (GAPR)
This form must be completed and presented to Department Leadership for review prior to:
a) the submission of a grant application;
b) the renewal of a grant; or,
c) a change in the budgeted amount of the grant
Following review by Departmental Leadership, this form should be submitted to the City Budget
Supervisor(218-5445)for Budget Office Approval.
The GAPR form is due to the Budget Office for approval at least five(5)working days prior to
the City Council agenda deadline.
All grant applications require City Council approval to before submission, this form should be
completed by the department and submitted with the Council Action requesting approval to apply
and the"Request for Finance Approval"form. Once a grant is awarded, a copy of this GAPR
along with the Grant Application notification form should be submitted with the Council Action
requesting authorization to accept the grant and the"Request for Finance Approval"form.
NOTE: NO GRANT APPLICATION, RENEWAL, OR INCREASE IN GRANT FUNDING WILL
BE CONSIDERED WITHOUT THE SUBMISSION AND APPROVAL OF THIS FORM.
Grantor Texas State Library and Archives Commission
Grant
Title: Lone Star Library Grant
Grant Amount: Grant Grant Match:
FTEs:
$10,185 0 0
PROGRAM BUDGET
Fiscal Year 5'04 FY: FY: FY: FY: TOTAL
Grant
Funding
$10,185
Required 0
City Match
TOTAL $10,185
Please complete the sentences listed below by filling out the boxes:
Page ]
This is the (list year): I 1S` year of a (list year) 1 year Grant.
This Grant will be appropriated in FY: FY 04-05
Other In-Kind Match Provided: $0
Total Program Budget: $$10,185
Proposed Positions (FTE's)to be Funded:
[Indicate Title(s) and Status (regular/temporary). Please add rows if number is
insufficient.)
TITLE STATUS Re .(Temp. Estimated Cost
1. None
2.
3.
TOTAL:
Should we subcontract? If so,why? NA
This grant proposal/application is a: X_New Grant Renewal Grant Revision
Type of Funds: _Federal _ Federal Pass-Through XState _ Private/Other
Funding Source:
GRANT TERM DATES
TERM YEAR MONTH/DAY/YEAR THROUGH MONTH/DAY/YEAR
Year One: 11/04 Through 08/30/05
Year Two: Through
Year Three: Through
Year Four: Through
Year Five: Through
Collaborations with other Agencies/Departments: None
List the Departmental Goal or Strategy that will be supported by this grant (as included in the
Approved Budget Document):
Purchase fiction titles
Complete the finishing of the Info Desk remodel
Purchase children's furniture
Purchase printer control software for public printers
Associated Program/Program Objective:
Page 2
PLANNED PERFORMANCE MEASURES (List Maior Three)):
1.Purchase couch for children's area
2. Purchase classic literature in fiction to support teen/college level students in multiple copies—measurement is
increased use,but will take a couple years to measure such use.
3. Improve printing to public by reducing the number of prints not wanted(total print and charge will be posted before
printing takes place)
Brief description of proposed grant program:
This is the third year of a one year grant. It is not a continuation. The grant provides pretty free
reign in terms of services or products purchased, though a plan of service, similar to that
expressed above, is submitted to the state. This year we continue to improve services or
collections.
Contingency Plan if Grant Funding Discontinued (Check Appropriate Box, or Detail in
"Other."j:
A If this grant project's goals and objectives are reached, the Department will request
funding from the General Fund to continue the program if grant funding ends.
B This grant-funded project is considered a baseline program that must be continued
with or without grant funding.
C This grant-funded project is not considered a baseline program that must be
continued with or without grant funding.
This one-time grant-funded project intended to cease at the grant-term end. No
D. X other funding will be requested from alternative grant sources or General Fund
dollars
If this grant-funded project's performance (for in the example of a pilot or
E demonstration grant) indicates the need for the Department to apply for follow-up
grant funding, the project may require supplemental funding from the General
Fund to cover the cost of the follow-up project.
F.
Other:
DEPARTMENTAL REVIEW/APPROVAL
(To be completed by the submitting Department)
Dept. Director Review/Approval: Dale L. Ricklefs Date: November 15, 2004
Date Application Due (if Applicable): Date Forwarded.--
CITY
orwarded:CITY BUDGET OFFICE REVIEW APPROVAL
(To be completed by the City Budget Office)
Date Received: l( ( VAN 04 Date Approved/Disapproved:
Budget/Accounting Supervisor Review/ApprovI: Date:
Finance Director Review/Approval: Date:
Page 3