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R-05-12-01-9E1 - 12/1/2005RESOLUTION NO. R -05 -12 -O1 -9E1 WHEREAS, the Texas . State Library & Archives Commission has grant funds available through the Texas Responds Grant, and WHEREAS, the City Council wishes to enter into a Texas Responds Grant Agreement for the available grant funds for three laptops for the library, 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 Texas Responds 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. RESOLVE A r iE T:, this 1st day of December, 2005. WELL, 'ayor City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secret @PFDeSktop\::ODMA/WORLDOX/O:/WDOX/RESOLDTI/R51201E1.WPD/sc y TEXAS STATE LIBRARY & ARCHIVES COMMISSION TEXAS RESPONDS GRANT Grant Number: 475-06004 I. CONTRACTING PARTIES Grantor: Texas State Library and Archives Commission (TSLAC) Grantee: City of Round Rock, Round Rock Public Library 216 E Main Avenue Round Rock, TX 78664 H. TERM OF GRANT September 1, 2005, to February 28, 2006 .0 .02 EXHIBIT It It III. STATEMENT OF SERVICES TO BE PERFORMED The authority for this program is Governor Perry's Proclamation of September 1, 2005, proclaiming a disaster in Texas resulting from Hurricane Katrina. Grant -funded activities shall provide programs and services to support victims of Hurricane Katrina who have been evacuated to Texas, as outlined in the Grantee's approved Grant Application and Grant Proposal. The Grantee will comply during the period of this contract and provide services as outlined within the Grant Proposal, as approved by the Grantor. The approved Grant Application and Grant Proposal submitted by Grantee become part of this contract by this reference. The Grantee acknowledges that the intent of the grant is to fund library programs and services in Texas communities that are providing assistance to victims of Hurricane Katrina, and that funds must be used exclusively for the purposes outlined in the Grant Proposal and in accordance with the approved grant budget. Indirect costs, administrative overhead, and other non -library service costs are not allowable costs under this grant. IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS A. The total amount of the grant shall not exceed: $6,777.00 B. Source of funds: Federal Funds, CFDA # 45.310 Institute of Museum and Library Services, State Library Program (IMLS) Federal Fiscal Year 2005 C. Payment for this grant will be funded in full upon delivery to Grantor a legally executed contract. Grantee should receive payment within 20 working days after the Grantor has received the executed contract, provided all requirements for proceeding contracts have been fulfilled. D. The Grantee may not obligate or encumber grant funds after January 31, 2006. All obligations and encumbrances must be liquidated or paid no later than February 28, 2006. E. Interest earned in excess of $100 must be returned to Grantor, per requirements in the State of Texas Uniform Grant Management Standards (UGMS). All unexpended funds in excess of $25.00 must also be returned to Grantor with the Final Financial Status Report (FSR). See Section VII. B. of this contract for FSR due dates. 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 Section 9 of the TSLAC FSR.The Grantee must request payments from Grantor on the TSLAC Form, Request for Funds (RFF). Requests may be submitted to Grantor no more often than once per month, and FY 2006 Texas Responds Grant 1 of 9 no less often than once per quarter. Funds will be paid to the Grantee provided Grantor has received a fully executed contract and Grantee has fulfilled all requirements for preceding contracts. G. Per the approved grant application, funds are authorized according to the following approved budget. As stated in the program description, indirect costs, administrative overhead, and other non -library service costs are not allowable costs under this grant. Personnel $- Fringe Benefits $- Equipment/Property $6,777.00 Supplies $_ Contractual $- Other $- Total $6,777.00 V. WRITTEN REQUEST FOR FISCAL AND PROGRAMMATIC CHANGES The Grantee must request written prior approval for fiscal and/or programmatic changes as outlined in this Section. Grantee must submit request for program and/or fiscal changes by faxing a letter to the grant's Project Manager identified in Section X of this contract. Under no condition may a Grantee request to exceed the total grant amount. Grantor must receive all change requests on or before January 31, 2006. Requests received after this date will be considered on a case-by-case basis. Grantee must receive written approval from Grantor before obligating or expending grant funds under any of the following conditions. A. Fiscal changes must have an approved budget revision under the following conditions: 1. Making cumulative transfers among budget cost categories or projects which are expected to exceed ten (10) percent of the total grant; and/or, 2. Transferring any funds into a budget cost category that currently equals zero ($0). B. Programmatic changes to the approved Grant Application must have written prior approval under any of the following conditions: 1. Obtaining the services of a third party to perform activities that are central to the purposes of the grant; and/or, 2. Changing the scope or objectives of the approved program, regardless of whether there is an associated budget revision. A change in scope is a substantive difference in the approach or method used to reach program objectives. 3. Changing key persons specified in the grant; none of the staff are considered key persons for the purpose of this grant. C. Changes to the items listed under the following cost categories are required if an item's cost or features are substantially different from what the approved Grant Application specifies, or from a previously approved fiscal or program revision. Note: Written prior approval is required for ALL changes involving the purchase of computer equipment or Internet services. In addition, Grantee must comply with Internet Safety Certification requirements, as further outlined in Section XII of this contract. 1. Equipment/Property 3 Laptops - each with Petium M Processor, 512 meg ram, and 1 extra battery - 1 12 -cell 8 -bay battery charger FY 2006 Texas Responds Grant 2 of 9 VI. EQUIPMENT AND PROPERTY REQUIREMENTS A. All changes to items listed in the Equipment/Property category specified in Section IV.G. of this contract require written prior approval. This category includes equipment, furniture, library materials, etc., purchased wholly or in part with grant funds. The approved budget amount listed in Section IV.G., plus any subsequently approved Budget and/or Program Revisions, will be the total approved equipment expenditure amount. This is defined as the cost of the equipment and/or property, including any cost necessary to put the item into service, such as the cost of any modifications, attachments, accessories, or auxiliary apparatus necessary to make the item usable for the purpose for which it is acquired. Ancillary charges, such as taxes, duty, protective in -transit insurance, freight, and installation may be included in, or excluded from the expenditure cost in accordance with the Grantee's regular accounting practices and Generally Accepted Accounting Practices (GAAP). B. The Grantee will comply with UGMS Part III, Subpart C, Section 32(d)(3), which requires certain items of equipment to be maintained on inventory if the item's cost is above $500. C. The Grantee agrees to submit the TSLAC Equipment/Property Acquired Form with the Final FSR, no later than March 15, 2006, for all equipment/property purchased with grant funds during the FY06 grant year. This list must balance with the equipment/property purchased under the approved Grant Application and all subsequently approved budget and/or program revisions. D. Grantee must furnish a statement to Grantor certifying the governing entity's capitalization level with the final Financial Status Report (FSR). Grantee agrees to maintain records on all equipment/property with an acquisition cost above governing entity's capitalization level. E. Subject to the obligations and conditions set forth in the UGMS Part III, Subpart C, Sec. 32, title to equipment acquired under a grant will vest in the Grantee upon acquisition. Grantee must include any equipment/property acquired with grant funds in the required bi-annual property inventory, and follow the UGMS Part III, Subpart C, Sec. 32 (d) that requires the Grantee to reconcile the equipment/property records with a physical inventory of the equipment/property every two years. This bi-annual inventory does not need to be submitted to Grantor, but must be maintained by the grantee and will be subject to review by Grantor. When property is vested in the Grantee, Grantee will dispose of equipment/property in accordance with the UGMS Part III, Subpart C, Sec. 32 (e). When the Grantee has been given federally- or state-owned equipment/property, Grantee will follow the UGMS Part III, Subpart C, Sec. 32 (f). VII. REPORTING REQUIREMENTS The State Legislature has charged the Grantor with submitting performance measurement reports that specify the level of services provided by its programs and services. In accepting these grant funds, the Grantee acknowledges responsibility for performing certain services on behalf of the Grantor, as outlined in the approved Grant Application. Therefore, the Grantee is responsible for submitting periodic reports that reflect the Grantee's level of performance on these services to the Grantor. To comply with these requirements, the Grantee agrees to submit reports that are timely, accurate, auditable, and consistent with definitions. A7 The Grantee agrees to submit a single Performance Report to the Grantor on or before March 15, 2006. The report should contain a narrative of grant programs and activities. The report will consist of statistical and narrative questions on a form provided by Grantor. B. The Grantee agrees to submit a final TSLAC Financial Status Report (FSR) form for the grant funded under this contract no later than March 15, 2006. Grantee may submit a Final FSR once all grant funds have been expended and all program requirements are accomplished. Grantee should mark the FSR as "Final" and not submit any subsequent FSR forms. FY 2006 Texas Responds Grant 3 of 9 VIII. GENERAL TERMS AND CONDITIONS A. The Grantee will comply with the Texas Responds Grants rules, Texas Administrative Code, Chapter 1, Rules 2.180-2.185. B. The Grantee will comply with the Rules for Administering the Library Systems Act, Texas Administrative Code, Chapter 1, Rules 1.91 — 1.97. Rule 1.97 (a) will not be applicable during the term of this grant. C. The Grantee will comply with the following parts of the Governor's Office of Budget and Planning, UGMS revised June 2004, located at: http://www. governor.state.tx.us/divisions/state grants/guidelines/files/U GMS062004. doc. Part I. Cost Principles for State and Local Governments and Other Affected Entities (Adapted from OMB Circular A-87) Part II. State Uniform Administrative Requirements for Grants and Cooperative Agreements (Adapted from OMB Circulars A-102 and A-122) Part III. State of Texas Single Audit Circular (Adapted from OMB Circular A-133) D. For grants funded with federal funds, the Grantee will also comply with the Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations (revised 6/97), located at: http://www.whitehouse.gov/omb/grants/grants circulars.html. E. The Grantee will comply with the Institute of Museum and Library Services' 45 Code of Federal Regulations, Part 1183, Uniform Administrative Requirements for Grants and Cooperative Agreements to States and Local Governments (adapted from OMB Circular A-102). Grantee will also comply with the requirements of the Children's Internet Protection Act (CIPA), as outlined in Section XII, paragraph D of this contract. F. All publicity relating to the grant award must include acknowledgement of the Texas State Library and Archives Commission and the Institute of Museums and Library Services whenever possible and practical. Publicity includes, but is not limited to press releases, media events, public events, displays in the benefiting library, announcements on the Grantee's website, and materials distributed through the grant project. The Grantee will provide Grantor with one set of all public relations materials produced under this grant with the Final FSR. G. Grantee understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Grantee further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Grantee will ensure that this clause concerning the authority to audit funds received indirectly by Sub -grantees through Grantee, and the requirement to cooperate, is included in any sub -grant awarded. H. The Grantee agrees to maintain all financial and programmatic records, supporting documents, statistical records, and other records relating to this grant award according to Part III, Subpart C, Sec. 42 of UGMS. In general, Grantees must maintain records for a minimum of three years from latter of the date the Grantee submits to Grantor the Final FSR or the last single audit or audit report for the grant period. IX. ENFORCEMENT A. Remedies for noncompliance. If a Grantee or Sub -grantee materially fails to comply with any term of an award, whether stated in a state statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, Grantor may take one or more of the following actions, or impose other sanctions, as appropriate in the circumstances: 1. Temporarily withhold cash payments pending correction of the deficiency by the Grantee or Sub -grantee, or more severe enforcement action by Grantor; FY 2006 Texas Responds Grant 4 of 9 2. Disallow (that is, deny both use of funds and matching action not in compliance; 3. Wholly or partly suspend or terminate the current award 4. Withhold further awards for the program; or 5. Take other remedies that may be legally available. credit for) all or part of the cost of the activity or for the Grantee's or Sub -grantee's program; B. Hearings, appeals. In taking an enforcement action, Grantor will provide the Grantee or Sub -grantee an opportunity for such hearing, appeal, or other administrative proceeding to which the Grantee or Sub -grantee is entitled under any statute or regulation applicable to the action involved. C. Effects of suspension and termination. Costs of Grantee or Sub -grantee resulting from obligations incurred by the Grantee or Sub -grantee during a suspension or after termination of an award are not allowable unless Grantor expressly authorizes them in the notice of suspension or termination, or subsequently. Other Grantee or Sub -grantee costs during suspension or after termination which are necessary, and not reasonably avoidable, are allowable if: 1. The costs resulting from obligations which were properly incurred by the Grantee or Sub -grantee before the effective date of suspension or termination are not in anticipation of it and, in the case of a termination, are noncancelable; and, 2. The costs would be allowable if the award were not suspended, or expired normally at the end of the funding period in which the termination takes effect. D. Relationship to Debarment and Suspension. The enforcement remedies identified in this section, including suspension and termination, do not preclude Grantee or Sub -grantee from being subject to "Debarment and Suspension" under Executive Order 12549 (see UGMS Part III, Subpart C, Sec 35) and state law. X. CONTACTS AT TSLAC Questions or concerns about programmatic issues, budget and or program revisions and any narrative reports should be directed to this grant's Project Manager: Myra Arredondo Phone: 512-463-5527 Fax: 512-463-8800 E-mail: marrednd@tsl.state.tx.us Questions or concerns about regulatory or financial issues should be directed to: Manager, Accounting and Grants Department Phone: 512-463-6626 Fax: 512-475-0185 E-mail: mmartin@tsl.state.tx.us Documentation relating to required Financial Status Reports and Equipment/Property Acquired Report should be directed to: Grants Accountant Phone: 512-463-5472 Fax: 512-475-0185 E-mail: grants.accounting@tsl.state.tx.us Payments from Grantee to Grantor, such as those for excess advanced funds or for interest earned on advanced funds, should be mailed with a revised FSR, an explanation of the purpose of the payment, and the grant number. This information shall be directed to: Grants Accountant FY 2006 Texas Responds Grant 5 of 9 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. Grantor certifies that: (1) the services specified in the approved grant application and this contract are necessary and essential for activities that are properly within the statutory functions and programs of the affected organizations; (2) the services, supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of Texas to be supplied under contract given to the lowest bidder; and, (3) the grant is in compliance with Texas Government Code § 441.006, Texas Administrative Code Title XIII, §§1.91 — 1.97, Texas Government Code § 441.135 Grants (Systems Act), P.L. 104-208, the Library Services and Technology Act (LSTA), the State Plan for the LSTA in Texas and UGMS. B. The Grantee affirms that it has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract. The Grantee further affirms that its employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to any sub - agreements. C. The Grantee certifies by this contract that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid for such purpose, the Grantee shall complete and submit OMB form SF -LLL, Disclosure of Lobbying Activities, in accordance with its instructions. The Grantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly, as specified in Title 31 U.S. Code, Sec. 1352. D. Grantee has provided to Grantor the mandatory Internet Safety Certification (Certification) that it is in compliance with requirements of the Children's Internet Protection Act (CIPA) for any federal funds under this grant that will be used to purchase computers used to access the Internet or pay for the direct costs of accessing the Internet. Grantee agrees to collect, as required and appropriate, Certification forms from all libraries receiving benefits of federal funds expended under this contract. E. The Grantee certifies that no federal funds from this grant award will be made available for a public library, or public elementary or secondary school library that does not currently receive E -rate services, to purchase computers used to access the Internet or pay for the direct costs of accessing the Internet, unless the library has certified compliance with the applicable CIPA requirements. Should federal funds awarded as part of this grant be used to purchase computers for a public library, or public elementary or secondary school library that does not currently receive E -rate services, to be used to access the Internet or pay for the direct costs of accessing the Internet, Grantee will ensure Certification forms are received from all libraries receiving benefits of federal funds expended under this contract. F. The Grantee certifies all applicable activities related to this grant will be in compliance with the Copyright Law of the United States (Title 17, U.S. Code). FY 2006 Texas Responds Grant 6 of 9 G. In addition to federal requirements, state law requires a number of assurances from applicants for federal pass- through or other state -appropriated funds. (UGMS Part III, Subpart B, Sec. 14 — State Assurances) (1) A subgrantee must comply with Texas Government Code, Chapter 573, Vernon's 1994, by ensuring that no officer, employee, or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. (2) A subgrantee must insure that all information collected, assembled or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, Vernon's 1994, unless otherwise expressly prohibited by law. A subgrantee must comply with Texas Government Code, Chapter 551, Vernon's 1994, which requires all regular, special or called meeting of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. (3) (4) A subgrantee must comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments. (5) No health and human services agency or public safety or law enforcement agency may contract with or issue a license, certificate or permit to the owner, operator or administrator of a facility if the license, permit or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. (6) A subgrantee that is a law enforcement agency regulated by Texas Government Code, Chapter 415, must be in compliance with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 415, Texas Government Code or must provide the grantor agency with a certification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules. (7) (8) (9) When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and local subrecipients shall maintain an appropriate contract administration system to insure that all terms, conditions. and specifications are met. (See UGMS Part III, Subpart C, Sec. 36 for additional guidance on contract provisions.) A subgrantee must comply with the Texas Family Code, Section 261.101 which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Subgrantees shall also ensure that all program personnel are properly trained and aware of this requirement. Subgrantees will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to FY 2006 Texas Responds Grant 7 of 9 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. (10) Subgrantees will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. § § 276a to 276a-7), the Copeland Act (40 U.S.C. § § 276c and 18 U.S.C. § § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. § § 327-333), regarding labor standards for federally assisted construction subagreements. (11) Subgrantees will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P. L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. (12) Subgrantees will comply with the provisions of the Hatch Political Activity Act (5 U.S.C. § 7321-29) which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. (13) Subgrantees will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. (14) Subgrantees will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protections Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. (EO 11738). (15) Subgrantees will comply with the flood insurance purchase requirements of 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234. Section 102 (a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. (16) Subgrantees will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (1) conformity of federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). (17) Subgrantees will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. (18) Subgrantees will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). (19) Subgrantees will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. (20) Subgrantees will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residential structures. FY 2006 Texas Responds Grant 8 of 9 (21) Subgrantees will comply with Public Law 103-277, also known as the Pro -Children Act of 1994 (Act), which prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. (22) Subgrantees will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. (23) Subgrantees will comply with all applicable requirements of all other federal and state laws, executive orders, regulations and policies governing this program. (24) The applicant must certify that they are not debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs. (25) Subgrantees must adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. SIGNATURES GRANTOR Texas State Library and Archives Commission GRANTEE City of Round Rock, Round Rock Public Library Edward Seidenberg, Assistant State Librarian Signature (Must be an official empowered to enter into contracts) Date 1' Donna Osborne, Chief Fiscal /&/ Typewritten or Printed Name fficer Title US Date Date Grant Program Manager Date FY 2006 Texas Responds Grant 9 of 9 DATE: November 21, 2005 SUBJECT: City Council Meeting - December 1, 2005 ITEM: *9.E.1. Consider a resolution authorizing the Mayor to execute a grant agreement with the Texas State Library & Archives Commission for a Texas Responds Grant. Department: Library Staff Person: Dale Ricklefs, Director Justification: This grant if for three (3) laptop computers for in-house use. Funding: Cost: $6,777.00 Source of funds: All from the grant Outside Resources: Texas State Library and Archives Commission Background Information: This program was funded in response to the coastal hurricanes. The library has been serving, even to this day, a growing number of hurricane victims. They use the computers to reconstruct their lives and communicate with others. Public Comment: None required TEXAS STATE LIBRARY & ARCHIVES COMMISSION TEXAS RESPONDS GRANT Grant Number: 475-06004 I. CONTRACTING PARTIES Grantor: Texas State Library and Archives Commission (TSLAC) Grantee: City of Round Rock, Round Rock Public Library 216E Main Avenue Round Rock, TX 78664 II. TERM OF GRANT September 1, 2005, to February 28, 2006 ORIGINAL III. STATEMENT OF SERVICES TO BE PERFORMED The authority for this program is Governor Perry's Proclamation of September 1, 2005, proclaiming a disaster in Texas resulting from Hurricane Katrina. Grant -funded activities shall provide programs and services to support victims of Hurricane Katrina who have been evacuated to Texas, as outlined in the Grantee's approved Grant Application and Grant Proposal. The Grantee will comply during the period of this contract and provide services as outlined within the Grant Proposal, as approved by the Grantor. The approved Grant Application and Grant Proposal submitted by Grantee become part of this contract by this reference. The Grantee acknowledges that the intent of the grant is to fund library programs and services in Texas communities that are providing assistance to victims of Hurricane Katrina, and that funds must be used exclusively for the purposes outlined in the Grant Proposal and in accordance with the approved grant budget. Indirect costs, administrative overhead, and other non -library service costs are not allowable costs under this grant. IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS A. The total amount of the grant shall not exceed: $6,777.00 B. Source of funds: Federal Funds, CFDA # 45.310 Institute of Museum and Library Services, State Library Program (IMLS) Federal Fiscal Year 2005 C. Payment for this grant will be funded in full upon delivery to Grantor a legally executed contract. Grantee should receive payment within 20 working days after the Grantor has received the executed contract, provided all requirements for proceeding contracts have been fulfilled. D. The Grantee may not obligate or encumber grant funds after January 31, 2006. All obligations and encumbrances must be liquidated or paid no later than February 28, 2006. E. Interest earned in excess of $100 must be returned to Grantor, per requirements in the State of Texas Uniform Grant Management Standards (UGMS). All unexpended funds in excess of $25.00 must also be returned to Grantor with the Final Financial Status Report (FSR). See Section V1I. B. of this contract for FSR due dates. 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 Section 9 of the TSLAC FSR.The Grantee must request payments from Grantor on the TSLAC Form, Request for Funds (RFF). Requests may be submitted to Grantor no more often than once per month, and FY 2006 Texas Responds Grant R-05-12-01. ler 1 of 9 no less often than once per quarter. Funds will be paid to the Grantee provided Grantor has received a fully executed contract and Grantee has fulfilled all requirements for preceding contracts. G. Per the approved grant application, funds are authorized according to the following approved budget. As stated in the program description, indirect costs, administrative overhead, and other non -library service costs are not allowable costs under this grant. Personnel $- Fringe Benefits $- Equipment/Property $6,777.00 Supplies $- ContractuaI Other Total $6,777.00 V. WRITTEN REQUEST FOR FISCAL AND PROGRAMMATIC CHANGES The Grantee must request written prior approval for fiscal and/or programmatic changes as outlined in this Section. Grantee must submit request for program and/or fiscal changes by faxing a letter to the grant's Project Manager identified in Section X of this contract. Under no condition may a Grantee request to exceed the total grant amount. Grantor must receive all change requests on or before January 31, 2006. Requests received after this date will be considered on a case-by-case basis. Grantee must receive written approval from Grantor before obligating or expending grant funds under any of the following conditions. A. Fiscal changes must have an approved budget revision under the following conditions: 1. Making cumulative transfers among budget cost categories or projects which are expected to exceed ten (10) percent of the total grant; and/or, 2. Transferring any funds into a budget cost category that currently equals zero ($0). B. Programmatic changes to the approved Grant Application must have written prior approval under any of the following conditions: 1. Obtaining the services of a third party to perform activities that are central to the purposes of the grant; and/or, 2. Changing the scope or objectives of the approved program, regardless of whether there is an associated budget revision. A change in scope is a substantive difference in the approach or method used to reach program objectives. 3. Changing key persons specified in the grant; none of the staff are considered key persons for the purpose of this grant. C. Changes to the items listed under the following cost categories are required if an item's cost or features are substantially different from what the approved Grant Application specifies, or from a previously approved fiscal or program revision. Note: Written prior approval is required for ALL changes involving the purchase of computer equipment or Internet services. In addition, Grantee must comply with Internet Safety Certification requirements, as further outlined in Section XII of this contract. 1. Equipment/Property 3 Laptops - each with Petium M Processor, 512 meg ram, and 1 extra battery - 1 12 -cell 8 -bay battery charger FY 2006 Texas Responds Grant 2 of 9 VI. EQUIPMENT AND PROPERTY REQUIREMENTS A. All changes to items listed in the Equipment/Property category specified in Section N.G. of this contract require written prior approval. This category includes equipment, furniture, library materials, etc., purchased wholly or in part with grant funds. The approved budget amount listed in Section IV.G., plus any subsequently approved Budget and/or Program Revisions, will be the total approved equipment expenditure amount. This is defined as the cost of the equipment and/or property, including any cost necessary to put the item into service, such as the cost of any modifications, attachments, accessories, or auxiliary apparatus necessary to make the item usable for the purpose for which it is acquired. Ancillary charges, such as taxes, duty, protective in -transit insurance, freight, and installation may be included in, or excluded from the expenditure cost in accordance with the Grantee's regular accounting practices and Generally Accepted Accounting Practices (GAAP). B. The Grantee will comply with UGMS Part III, Subpart C, Section 32(d)(3), which requires certain items of equipment to be maintained on inventory if the item's cost is above $500. C. The Grantee agrees to submit the TSLAC Equipment/Property Acquired Form with the Final FSR, no later than March 15, 2006, for all equipment/property purchased with grant funds during the FY06 grant year. This list must balance with the equipment/property purchased under the approved Grant Application and all subsequently approved budget and/or program revisions. D. Grantee must furnish a statement to Grantor certifying the governing entity's capitalization level with the final Financial Status Report (FSR). Grantee agrees to maintain records on all equipment/property with an acquisition cost above governing entity's capitalization level. E. Subject to the obligations and conditions set forth in the UGMS Part III, Subpart C, Sec. 32, title to equipment acquired under a grant will vest in the Grantee upon acquisition. Grantee must include any equipment/property acquired with grant funds in the required bi-annual property inventory, and follow the UGMS Part III, Subpart C, Sec. 32 (d) that requires the Grantee to reconcile the equipment/property records with a physical inventory of the equipment/property every two years. This bi-annual inventory does not need to be submitted to Grantor, but must be maintained by the grantee and will be subject to review by Grantor. When property is vested in the Grantee, Grantee will dispose of equipment/property in accordance with the UGMS Part III, Subpart C, Sec. 32 (e). When the Grantee has been given federally- or state-owned equipment/property, Grantee will follow the UGMS Part III, Subpart C, Sec. 32 (0. VII. REPORTING REQUIREMENTS The State Legislature has charged the Grantor with submitting performance measurement reports that specify the level of services provided by its programs and services. In accepting these grant funds, the Grantee acknowledges responsibility for performing certain services on behalf of the Grantor, as outlined in the approved Grant Application. Therefore, the Grantee is responsible for submitting periodic reports that reflect the Grantee's level of performance on these services to the Grantor. To comply with these requirements, the Grantee agrees to submit reports that are timely, accurate, auditable, and consistent with definitions. A- The Grantee agrees to submit a single Performance Report to the Grantor on or before March 15, 2006. The report should contain a narrative of grant programs and activities. The report will consist of statistical and narrative questions on a form provided by Grantor. B. The Grantee agrees to submit a final TSLAC Financial Status Report (FSR) form for the grant funded under this contract no later than March 15, 2006. Grantee may submit a Final FSR once aII grant funds have been expended and all program requirements are accomplished. Grantee should mark the FSR as "Final" and not submit any subsequent FSR forms. FY 2006 Texas Responds Grant 3 of 9 VIII. GENERAL TERMS AND CONDITIONS A. The Grantee will comply with the Texas Responds Grants rules, Texas Administrative Code, Chapter I, Rules 2.180-2.185. B. The Grantee will comply with the Rules for Administering the Library Systems Act, Texas Administrative Code, Chapter 1, Rules 1.91 — 1.97. Rule 1.97 (a) will not be applicable during the term of this grant. C. The Grantee will comply with the following parts of the Governor's Office of Budget and Planning, UGMS revised June 2004, located at: http://www. governor. state. tx. us/divisions/stateRrants/Ruidelines/files/UGMS062004. doc. Part I. Cost Principles for State and Local Governments and Other Affected Entities (Adapted from OMB Circular A-87) Part II. State Uniform Administrative Requirements for Grants and Cooperative Agreements (Adapted from OMB Circulars A-102 and A-122) Part III. State of Texas Single Audit Circular (Adapted from OMB Circular A-133) D. For grants funded with federal funds, the Grantee will also comply with the Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations (revised 6/97), located at: http://www.whitehouse.gov/omb/grants/grants circulars.html. E. The Grantee will comply with the Institute of Museum and Library Services' 45 Code of Federal Regulations, Part 1183, Uniform Administrative Requirements for Grants and Cooperative Agreements to States and Local Govemments (adapted from OMB Circular A-102). Grantee will also comply with the requirements of the Children's Internet Protection Act (CIPA), as outlined in Section XII, paragraph D of this contract. F. All publicity relating to the grant award must include acknowledgement of the Texas State Library and Archives Commission and the Institute of Museums and Library Services whenever possible and practical. Publicity includes, but is not limited to press releases, media events, public events, displays in the benefiting Iibrary, announcements on the Grantee's website, and materials distributed through the grant project. The Grantee will provide Grantor with one set of all public relations materials produced under this grant with the Final FSR. G. Grantee understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Grantee further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Grantee will ensure that this clause concerning the authority to audit funds received indirectly by Sub -grantees through Grantee, and the requirement to cooperate, is included in any sub -grant awarded. H. The Grantee agrees to maintain all financial and programmatic records, supporting documents, statistical records, and other records relating to this grant award according to Part III, Subpart C, Sec. 42 of UGMS. In general, Grantees must maintain records for a minimum of three years from latter of the date the Grantee submits to Grantor the Final FSR or the last single audit or audit report for the grant period. IX. ENFORCEMENT A. Remedies for noncompliance. If a Grantee or Sub -grantee materially fails to comply with any term of an award, whether stated in a state statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, Grantor may take one or more of the following actions, or impose other sanctions, as appropriate in the circumstances: 1. Temporarily withhold cash payments pending correction of the deficiency by the Grantee or Sub -grantee, or more severe enforcement action by Grantor; FY 2006 Texas Responds Grant 4 of 9 2. Disallow (that is, deny both use of funds and matching credit for) all or action not in compliance; 3. Wholly or partly suspend or terminate the current award for the Grantee's 4. Withhold further awards for the program; or 5. Take other remedies that may be legally available. B. Hearings, appeals. In taking an enforcement action, Grantor will provide the Grantee or Sub -grantee an opportunity for such hearing, appeal, or other administrative proceeding to which the Grantee or Sub -grantee is entitled under any statute or regulation applicable to the action involved_ C. Effects of suspension and termination. Costs of Grantee or Sub -grantee resulting from obligations incurred by the Grantee or Sub -grantee during a suspension or after termination of an award are not allowable unless Grantor expressly authorizes them in the notice of suspension or termination, or subsequently. Other Grantee or Sub -grantee costs during suspension or after termination which are necessary, and not reasonably avoidable, are allowable if: 1. The costs resulting from obligations which were properly incurred by the Grantee or Sub -grantee before the effective date of suspension or termination are not in anticipation of it and, in the case of a termination, are noncancelable; and, 2. The costs would be allowable if the award were not suspended, or expired normally at the end of the funding period in which the termination takes effect. part of the cost of the activity or or Sub -grantee's program; D. Relationship to Debarment and Suspension. The enforcement remedies identified in this section, including suspension and termination, do not preclude Grantee or Sub -grantee from being subject to "Debarment and Suspension" under Executive Order 12549 (see UGMS Part III, Subpart C, Sec 35) and state law. X. CONTACTS AT TSLAC Questions or concerns about programmatic issues, budget and or program revisions and any narrative reports should be directed to this grant's Project Manager: Myra Arredondo Phone: 512-463-5527 Fax: 512-463-8800 E-mail: marrednd@tsl.state.tx.us Questions or concerns about regulatory or financial issues should be directed to: Manager, Accounting and Grants Department Phone: 512-463-6626 Fax: 512-475-0185 E-mail: mmartin@tsl.state.tx.us Documentation relating to required Financial Status Reports and Equipment/Property Acquired Report should be directed to: Grants Accountant Phone: 512-463-5472 Fax: 512-475-0185 E-mail: grants.accounting@tsl.state.tx.us Payments from Grantee to Grantor, such as those for excess advanced funds or for interest earned on advanced funds, should be mailed with a revised FSR, an explanation of the purpose of the payment, and the grant number. This information shall be directed to: Grants Accountant FY 2006 Texas Responds Grant 5 of 9 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. Grantor certifies that: (1) the services specified in the approved grant application and this contract are necessary and essential for activities that are properly within the statutory functions and programs of the affected organizations; (2) the services, supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of Texas to be supplied under contract given to the lowest bidder; and, (3) the grant is in compliance with Texas Government Code § 441.006, Texas Administrative Code Title XIII, §§I.91 — 1.97, Texas Government Code § 441.135 Grants (Systems Act), P.L. 104-208, the Library Services and Technology Act (LSTA), the State Plan for the LSTA in Texas and UGMS. B. The Grantee affirms that it has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract. The Grantee further affirms that its employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to any sub - agreements. C. The Grantee certifies by this contract that no Federal appropriated funds have been paid or will be paid by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid for such purpose, the Grantee shall complete and submit OMB form SF -LLL, Disclosure of Lobbying Activities, in accordance with its instructions. The Grantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly, as specified in Title 31 U.S. Code, Sec. 1352. D. Grantee has provided to Grantor the mandatory Internet Safety Certification (Certification) that it is in compliance with requirements of the Children's Internet Protection Act (CIPA) for any federal funds under this grant that will be used to purchase computers used to access the Internet or pay for the direct costs of accessing the Internet. Grantee agrees to collect, as required and appropriate, Certification forms from all libraries receiving benefits of federal funds expended under this contract. E. The Grantee certifies that no federal funds from this grant award will be made available fora public library, or public elementary or secondary school library that does not currently receive E -rate services, to purchase computers used to access the Internet or pay for the direct costs of accessing the Internet, unless the library has certified compliance with the applicable CIPA requirements. Should federal funds awarded as part of this grant be used to purchase computers for a public library, or public elementary or secondary school library that does not currently receive E -rate services, to be used to access the Internet or pay for the direct costs of accessing the Internet, Grantee will ensure Certification forms are received from all libraries receiving benefits of federal funds expended under this contract. F. The Grantee certifies all applicable activities related to this grant will be in compliance with the Copyright Law of the United States (Title 17, U.S. Code). FY 2006 Texas Responds Grant 6 of 9 G. In addition to federal requirements, state Iaw requires a number of assurances from applicants for federal pass- through or other state -appropriated funds. (UGMS Part III, Subpart B, Sec. 14 — State Assurances) (1) A subgrantee must comply with Texas Government Code, Chapter 573, Vernon's 1994, by ensuring that no officer, employee, or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. (2) A subgrantee must insure that all information collected, assembled or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, Vernon's 1994, unless otherwise expressly prohibited by law. A subgrantee must comply with Texas Government Code, Chapter 551, Vernon's 1994, which requires all regular, special or called meeting of governmental bodies to be open to the public, except as otherwise provided by Iaw or specifically permitted in the Texas Constitution. (3) (4) A subgrantee must comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments. No health and human services agency or public safety or law enforcement agency may contract with or issue a license, certificate or permit to the owner, operator or administrator of a facility if the license, permit or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. (5) (6) A subgrantee that is a law enforcement agency regulated by Texas Government Code, Chapter 415, must be in compliance with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 415, Texas Government Code or must provide the grantor agency with a certification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules. When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and local subrecipients shall maintain an appropriate contract administration system to insure that all terms, conditions. and specifications are met. (See UGMS Part III, Subpart C, Sec. 36 for additional guidance on contract provisions.) (7) (8) A subgrantee must comply with the Texas Family Code, Section 261.101 which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Subgrantees shall also ensure that all program personnel are properly trained and aware of this requirement. (9) Subgrantees will comply with all federal statutes relating to nondiscrimination. These include but are not Iimited to: (a) Title VI of the Civil Rights Act of 1964 (Pl. 88-352) which prohibits discrimination on the basis of race, color ornational origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PZ. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to FY 2006 Texas Responds Grant 7 of 9 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. (10) Subgrantees will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. § § 276a to 276a-7), the Copeland Act (40 U.S.C. § § 276c and 18 U.S.C. § § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. § § 327-333), regarding labor standards for federally assisted construction subagreements. (11) Subgrantees will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P. L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. (12) Subgrantees will comply with the provisions of the Hatch Political Activity Act (5 U.S.C. § 7321-29) which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. (13) Subgrantees will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. (14) Subgrantees will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protections Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. (EO 11738). (15) Subgrantees will comply with the flood insurance purchase requirements of 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234. Section 102 (a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. (16) Subgrantees will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplain in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (f) conformity of federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). (17) Subgrantees will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. (18) Subgrantees will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). (19) Subgrantees will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. (20) Subgrantees will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 480I et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residential structures. FY 2006 Texas Responds Grant 8 of 9 (21) Subgrantees will comply with Public Law 103-277, also known as the Pro -Children Act of 1994 (Act), which prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. (22) Subgrantees will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. (23) Subgrantees will comply with all applicable requirements of all other federal and state laws, executive orders, regulations and policies governing this program. (24) The applicant must certify that they are not debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs. (25) Subgrantees must adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. SIGNATURES GRANTOR Texas State Library and Archives Commission Edward Seidenberg, Assistant State Librarian Date Donna Osborne,, Chief Fiscal fficer US GRANTEE City of Round Rock, Roun • Rock Public Library ture (Mus •e an official empowered to enter into contracts) Nyi mAYu cc Typewritten or Printed Name mn1ok Title De1) c2005 Date Date Grant Program Manager Date FY 2006 Texas Responds Grant 9 of 9