CM-2014-563 - 10/17/2014City of Round Rock
ROUND ROCK
reins Agenda Item Summary
Agenda Number:
Title: Consider executing the required document for Audit Certification, Texas
State Fiscal Year 2014 for the Texas State Library and Archives
Commission.
Type:
City Manager Item
Governing Body:
City Manager Approval
Agenda Date:
10/17/2014
Dept Director:
Michelle Cervantes
Cost:
Indexes:
Attachments: CMA for Audit Certification, Audit -Certification -Form -2014,
Federal-11-1--terms-conditions
Department: Library Department
Text of Legislative File CM -2014-563
To receive a partial reimbursement to help defray a portion of the direct Costs the library has
incurred for participating in the Interlibrary Loan program during State Fiscal Year 2014
(September 1, 2013 through August 31, 2014).
This reimbursement program is primarily based on the number of lends and net lends
provided to Texas public libraries. The preliminary estimate indicates the Round Rock
Public Library System, is eligible for a reimbursement of $26,374.00. This is approximately
$3.00 per lend and $6.50 per net lend. The reimbursement breakdown is below:
Total Lends: 3210
Reimbursement: $9630
Total Net Lends: 2576
Reimbursement: $16744.00
This program is made possible through the Grants to States Program from the Institute of
Museum and Library Services. The FAIN is LS -00-13-0044-13 and the CFDA number is
45.310.
As a sub recipient of the above federal funds, the library's governing entity (city, county,
ISD, district, board, provost, or dean as applicable) must submit the following to TSLAC:
• Two signed forms: the Audit Certification and the LSTA Terms and Conditions. The
signatory needs to be someone with the authority to enter into contracts on behalf of the
library. The forms may be found at: www.tsl.texas.gov/Idn/ill-reimbursement
<hftp://www.tsi.texas.gov/ldn/ill-reimbursement>
• An active DUNS number that your legal entity associates with the library. This number
must be currently registered in the federal System for Award Management (SAM). There is
Cfry of R—d Rock Ppe 1 PtlnW on 1 W1&N14
ananaa ttnm summary connnuntcm-zousem
a space at the bottom of the LSTA Terms and Conditions to provide this information. For
information about DUNS numbers and SAM please see
w .tsl.texas.00v/Idn/ill-reimbursement <htto://w .tsi.texas.gov/Idn/ill-reimbursement>
The deadline to submit this information to TSLAC is October 31, 2014.
Replace with Recommended Action (the ..Recommended Action above must not be removed)
CHy o1 Faun Rock Page 2 PHaW oa IDH &X114
CONTRACT APPROVAL FORM FOR CITY MANAGER ACTION
Required for Submission of Specific City Manager Items
Department Name: Library Project Name: Audit Certification
Project Nigr/Resource: Michelle Cervantes
F71city Manager Approval
ContmctorlVennor: Texas State Library and Archives Commission
CMA Wording
Consider executing the required document for Audit Certification, Texas State Fiscal Year 2014 for the Texas State Library and
Archives Commission.
Approval /_
XXEmployee EE Bowden z'—pmate October 6, 2014
FAIN: LS -00-13-0044-13 Texas State Library and Archives Commission
CFDA Number: 45.310
AUDIT CERTIFICATION
TEXAS STATE FISCAL YEAR 2014 (ending August 31, 2014)
As the duly authorized representative of the below named Subrecipient, I hereby certify that, during this sub -
award period, the Subrecipient:
(check only one of the following boxes)
❑ Is required to have a single audit under the Circular A-133, Single Audit Requirements, and/or the State
of Texas Uniform Grant Management Standards (UGMS) and the State of Texas Single Audit Circular
in that the Subrecipient entity has expended an aggregate of $500,000 or more in federal funds on
financial assistance awards or cost -reimbursement contracts during the fiscal year covered by this
grant, and the audit was performed and is attached;
OR
Is required to have a single audit under the Circular A-133, Single Audit Requirements, and/or the State
of Texas Uniform Grant Management Standards (UGMS) and the State of Texas Single Audit Circular
in that the Subrecipient entity has expended an aggregate of $500,000 or more in federal funds on
financial assistance awards or cost -reimbursement contracts during the fiscal year covered by this
grant, and the audit has NOT been performed. The required single audit will be complete by
January 31, 2015 and submitted in compliance with this sub -award on or before
March 1, 2015
OR
❑ Does not meet the requirements for a single audit under the Circular A-133, Single Audit Requirements
and/or the State of Texas Uniform Grant Management Standards (UGMS) and the State of Texas
Single Audit Circular. A copy of the Management Letter (Conduct of Audit) from the Subrecipient's
auditor to verify that a Single Audit is not required will be submitted in compliance with this sub -award
on or efore
Signature of Authorized Repi sentative
LC,AAvjC �iUd�2U
Printed Name of Authorized Representative
Y\ \e v r n r.
Title of Authorized Representative
Date r
"f�nw.wa Kcxk �li��IC. ��YCw�
Name of Subrecipient Library
Please return this form to:
Sara Hayes
Email: 5hayes2tsl.texas.gov or Fax: 512-936-2306
CM-ZoW -5t,,3
Texas State Library and Archives Commission
LSTA Terms and Conditions
FAIN: LS -00-13-0044-13
CFDA Number: 45.310
I. GENERAL TERMS AND CONDITIONS
A. The Subrecipient will comply with the following parts of the Governor's Office of
Budget and Planning, UGMS revised June 2004, located at:
www.Xovernor. state. Ix. us/files/state-erar:ts/UGMS062004. doe.
Part I. Cost Principles for State and Local Governments and Indian Tribal
Governments (formerly from OMB Circular A-87), Cost Principles for Non -Profit
Organizations (formerly OMB Circular A-122), Cost Principles for Educational
Institutions (formerly OMB Circular A-21), or Federal Acquisition Regulation (FAR)
31.2, as applicable.
Part II. State Uniform Administrative Requirements for Grants and Cooperative
Agreements (Adapted from OMB Circulars A-102 and A-122)
PartIII. State of Texas Single Audit Circular (Adapted from OMB Circular A-133)
B. The Subrecipient will comply with the IMLS' 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).
C. Subgrantees will comply with all Federal statutes relating to nondiscrimination. These
include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-
352) which prohibits discrimination on the basis of race, color, religion 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 disability and the Americans With Disabilities
Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§6101-
6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office
and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination
on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended,
relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g)
§§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290
ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient
records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; (i)
any other nondiscrimination provisions in the specific statute(s) under which
application for Federal assistance is being made; and O the requirements of any other
nondiscrimination statute(s) which may apply to the application.
D. The Subrecipient, if a private entity, will comply with Federal law pertaining to
trafficking in persons. Subrecipient and its employees may not
1. Engage in severe forms of trafficking in persons during the period of
time that the award is in effect;
Texas State Library and Archives Commission
LSTA Terms and Conditions
FAIN: LS -00-13-0044-13
CFDA Number: 45.310
2. Procure a commercial sex act during the period of time that the
award is in effect; or
3. Use forced labor in the performance of the award or subawards
under the award.
The Subrecipient certifies by this contract that no Federal appropriated funds have been
paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the making of any Federal grant, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal grant or cooperative agreement. If any funds other than
Federal appropriated funds have been paid or will be paid for such purpose, the
Subrecipient shall complete and submit OMB form SF -LLL, Disclosure of Lobbying
Activities, in accordance with its instructions. The Subrecipient 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 subreeipients shall certify and disclose accordingly, as
specified in Title 31 U.S. Code, Sec. 1352.
Subrecipient certifies by this contract that neither it nor its principals are presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this program by any Federal department or agency, as
required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 34 CFR Part 85, Section 85.510, Participant's responsibilities, 2 CFR
Part 180 Subchapter C. 180.335. Where the Subrecipient is unable to certify to any of
the statements in this certification, the Subrecipient shall attach an explanation to
these Terms and Conditions.
G. Subrecipient understands that acceptance of funds under this contract acts as
acceptance of the authority of the Texas State Auditor's Office, or any successor
agency, to conduct an audit or investigation in connection with those funds.
Subrecipient 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. Subrecipient will ensure that this clause concerning the authority to audit
funds received indirectly by Sub -Contractors through Subrecipient, and the requirement
to cooperate, is included in any sub -grant awarded.
H. The Subrecipient agrees to main all financial and programmatic records, supporting
documents, statistical records, and other records relating to this grant award for three
year after the last State Program Report for the Texas LSTA 5 -Year Plan 20013-2017,
is submitted on December 31, 2018. The Contractor will maintain their records through
December 31, 2021.
L The Subrecipient agrees to develop or revise, as necessary, any specific written
documentation of its current procedures for (1) collecting and reporting performance
Texas State Library and Archives Commission
LSTA Terms and Conditions
FAIN: LS -00-13-0044-13
CFDA Number: 45.310
measures; (2) conducting a faxed asset inventory; and or, (3) any other issues identified
in Subrecipient's internal audit report or grant activities. Drafts of this procedural
documentation will be submitted to TSLAC by dates established mutually between
TSLAC and Subrecipient. TSLAC will provide review and guidance to enable final
versions to be approved on or before established deadlines.
it. ENFORCEMENT
A. Remedies for noncompliance. If Subrecipient materially fails to comply with any
term of the contract, whether stated in a state or federal statute or regulation, an
assurance, in a state plan or application, a notice of award, or elsewhere, TSLAC may
take one or more of the following actions, or impose other sanctions, as appropriate in
the circumstances:
i. Temporarily withhold cash payments pending correction of the deficiency by the
Subrecipient, or more severe enforcement action by TSLAC;
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 contract for the Subrecipient'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, TSLAC will provide the
Subrecipient an opportunity for such hearing, appeal, or other administrative
proceeding to which the Subrecipient is entitled under any statute or regulation
applicable to the action involved.
C. Effects of suspension and termination. Costs of Subrecipient resulting from
obligations incurred by the Subrecipient during a suspension or after termination of
an award are not allowable unless TSLAC expressly authorized in the notice of
suspension or termination, or subsequently. Other Subrecipient costs during
suspension or after termination that are necessary, and not reasonably avoidable, are
allowable if:
1. The costs resulting from obligations that were properly incurred by the
Subrecipient before the effective date of suspension or termination are not in
anticipation of it and, in the case of a termination, are non -cancelable; 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 Subrecipient from
being subject to "Debarment and Suspension" under Executive Order 12549 (see
UGMS Part III, Subpart C, Sec 35) and state law.
Texas State Library and Archives Commission
LSTA Terms and Conditions
FAIN: LS -00-13-0044-13
CFDA Number: 45.310
LGGI�-r/
Signature of Authorize epresent e
Printed Name of Authorized Representative
\hk-"m Ca isl` i1QYlQGP.P
Title of Authorized Representative
10
Date
DUNS Number for Legal Entity: 102740792
SAM Expirations Date: 08 / 18 / 2015 (MM/DD/YYY)