HomeMy WebLinkAboutResolution No. 2012-064
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2012-0'(-V -I°
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS AUTHORZING THE CITY MANAGER TO SIGN A
CONTRACT WITH THE TEXAS STATE LIBRARY AND ARCHIVES
COMMISSION (TSLAC) ACCEPTING AN IMPACT GRANT AWARD OF
$9,137 FOR AN EARLY CHILDHOOD LITERACY OUTREACH
PROJECT; THAT A COPY OF THE AGREEMENT IS ATTACHED AS
EXHIBIT A; DECLARING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas hereby accepts
an Impact Grant Award from the Texas State Library and Archives Commission for the
purpose of funding an Early Childhood Literacy Outreach Project.
Section 2. That the City Manager is authorized to enter into a contract between the
City of The Colony Public Library and the Texas State Library and Archives
Commission to accept a grant award of $9,137.00 for The Colony Public Library to
support this outreach program.
Section 3. That a true and correct copy of said contract is attached hereto and
incorporated herein as Exhibit A.
Section 4. That this resolution is effective from and after its passage.
PASSED AND APPROVED this 18th day of September, 2012.
e McCour y, Mayor
City of The Colony, Texas
ATTEST:
Christie Wilson, TRMC
City Secretary
APPROVED AS TO FORM: '
Jeff Moore, , ity Attorney
TEXAS STATE LIBRARY & ARCHIVES COMMISSION
IMPACT GRANT PROGRAM
Grant Number: 475-13030
1. CONTRACTING PARTIES
Grantor: Texas State Library and Archives Commission (TSLAC)
Grantee: City of The Colony, The Colony Public Library
6800 Main St
The Colony, TX 75056
II. TERM OF GRANT
September 1, 2012, to August 31, 2013 (SFY 2013)
III. STATEMENT OF SERVICES TO BE PERFORMED
Grantee shall provide services as outlined in the approved grant application. Grant funds must be used to meet TSLAC and Federal goals.
The Grantee must report information relating to best practices and performance outcomes. The Grantee will comply during the period of
this contract and provide services as outlined within the approved grant application (Impact Grant Program for State FY13) as approved
by the Grantor. The approved grant application submitted by Grantee is incorporated into this contract as if fully set forth herein. In the
event of any conflict between the grant application and this contract, this contract shall prevail.
IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS
A. The total amount of the grant shall not exceed: $9,137
B. Source of funds:
Federal Funds, CFDA # 45.310
Institute of Museum and Library Services, State Library Program (IMLS)
Federal Fiscal Year 2012
C. The Grantee must request payments from Grantor using the TSLAC Request for Funds Form (RFF) via the electronic TSLAC Grant
Management System (GMS), located at https://gms.tsl.state.tx.us/. Requests may be submitted to Grantor no more often than once per
month, and 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 reporting requirements for current and preceding contracts.
D. The Grantee is restricted to one of two methods for requesting funds from Grantor. The Grantee may request reimbursement of actual
expenditures for the Grantee's normal billing cycle, or advance payment for estimated expenditures to be incurred for the upcoming 30
days. Only Grantees providing documentation to demonstrate a lack of sufficient working capital and the ability to minimize the time
elapsing between transfer of funds from Grantor and disbursement of grant funds will be allowed to request advance payments.
E. Payments of advance funds will be disbursed by the first working day of the advance period provided RFF Form is received by
Grantor no later than the 14th day of the previous month. Should excessive cash balances be maintained, Grantee may be required to
use the reimbursement process. Grantor must receive final request for advance no later than July 14, 2013. Grantor must receive final
request for reimbursement no later than October 14, 2013.
F. The Grantee may not obligate or encumber grant funds after August 31, 2013. All obligations and encumbrances must be
liquidated or paid no later than October 15, 2013.
G. Interest earned in excess of $100 on advanced funds, must be returned to Grantor, per requirements in the State of Texas Uniform
Grant Management Standards (UGMS). All unexpended grant funds must also be returned to Grantor with the Final Financial
Status Report (FSR) per requirements in UGMS, Section III, Subpart D, Sec 50 (d)(2). See Section VII. B. of this contract for FSR
due dates. As part of the reporting requirements in Section VI, the Grantee will regularly notify the Grantor of the amount of
projected unexpended funds. The Grantor reserves the right to act as necessary to reduce any unexpended balances, including
reducing the grant amount specified in Section IV. A. above.
H. Per the approved grant application, funds are authorized according to the following budget:
Personnel $8,460
Fringe Benefits $677
Travel $0
Equipment/Property $0
Supplies $0
Contractual $0
Other $0
Total $9,137
FY 2013 Impact Grant I of 7 TRY AP
V. REQUEST FOR FISCAL AND PROGRAMMATIC CHANGES
The Grantee must request a Budget and/or Program Revision for fiscal and/or programmatic changes as outlined in this Section. Grantee must
submit request for Budget and/or Program Revision electronically on the TSLAC GMS. Under no condition may a Grantee request to exceed
the total grant amount. Grantor must receive all change requests on or before July 15, 2013. Requests received after this date will generally be
declined, but may be considered on a case-by-case basis if extenuating circumstances exist. Grantee must submit a Budget and/or
Program Revision to Grantor before obligating or expending grant funds under any of the following conditions.
A. Fiscal changes must have an approved Budget Revision under any of the following conditions:
1. Making cumulative transfers among budget cost categories or projects that 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); and/or,
3. Expending any program income earned through the utilization of resources funded by this grant; and/or,
4. Changing the items listed in the approved budget categories 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.
B. Programmatic changes to the approved grant application must have an approved Program Revision 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.
VI. EQUIPMENT AND PROPERTY REQUIREMENTS
A. If conditions described in Section V. A. I are met, fiscal changes to items listed in the Equipment/Property Budget category specified
in Section IV. H of this contract require a Budget Revision. 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, Sec. 32 (d) (3) requiring certain items of equipment to be maintained on
inventory if the item's cost is between $500 and $1000.
C. Equipment costing $5,000 or more per unit requires approval before purchase. In those instances, the Grantor will secure approval
from IMLS on behalf of the Grantee, and inform Grantee of approval once received.
D. The Grantee agrees to submit the most current TSLAC Equipment/Property Report electronically via TSLAC GMS with the Final
FSR, but no later than October 31, 2013, for all equipment/property purchased with grant funds during the SFY13 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.
E. Grantee must furnish a statement to Grantor certifying the governing entity's capitalization level with the approved grant
application or with the first RFF submitted. Grantee agrees to maintain records on all equipment/property with an acquisition cost
above governing entity's capitalization level.
F. 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 111, 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.
A. The Grantee agrees to submit a programmatic quarterly report on all activities relating to the program to the Grantor electronically
on the TSLAC GMS, on or before due dates listed in the following schedule:
Reporting Period Due Date
September 1, 2012 - November 30, 2012 December 7, 2012
December 1, 2012 - February 28, 2013 March 7, 2013
March 1, 2013 - May 31, 2013 June 7, 2013
June 1, 2013 - August 31, 2013 September 7, 2013
FY 2013 Impact Grant 2 of 7 TSLAC
Grantee agrees to submit Legislative Budget Board (LBB) measures as defined by TSLAC in quarterly performance reports, and to
work with agency staff in the development and reporting of Project outcomes.
B. The Grantee agrees to submit electronically the TSLAC Financial Status Report Form, located at the TSLAC online GMS, for the
grant funded under this contract no later than the due dates listed in the following schedule. Grantee should submit a Final FSR
once all grant funds have been expended and all program requirements are accomplished. Grantee should mark the last required
FSR as "Final" and not submit any subsequent FSR forms.
Reporting Period Due Date
September 1, 2012 - November 30, 2012 December 31, 2012
December 1, 2012 - February 28, 2013 March 31, 2013
March 1, 2013 - May 31, 2013 June 30, 2013
June 1, 2013 - August 31, 2013 September 30, 2013
If necessary, a revised final FSR must be submitted no later than October 31, 2013.
Note: Grantee must contact the Grants Accountant listed in Section X of this contract to request approval to submit a
revised FSR.
C. The Grantee agrees to submit the Grant Checklist report form for the grant funded under this contract no later than October 31,
2013.
D. The Grantee will send the Grantor a copy of all management letters issued by an auditor with the reporting package. As specified
in UGMS Part IV, Subpart B, Sec. 235(c), the audit shall be completed and submitted within the earlier of 30 days after receipt of
the auditor's report(s), or nine months after the end of the audit period, unless a longer period is agreed to in advance by the state
agency that provided the funding or a different period is specified in a program-specific audit guide. The audit's Schedule of
Expenditures of Federal and State Awards must list the amount of TSLAC awards expended for each award year separately.
E. The Grantor reserves the right to withhold final payment on this Grant until all required reports are submitted.
VIII. GENERAL TERMS AND CONDITIONS
A. The Grantee will comply with the Impact Grant Program Guidelines for SFY 2013.
B. The Grantee will comply with the Rules for Administering the Impact Grant, Texas Administrative Code, Title 13, Part 1, Chapter
2, Subchapter C, Division 3, Rules 2.310-2-312 and Title 13, Part 1, Chapter 2, Subchapter C, Division 1, Rules 2.110-2.119
regarding General Grant Guidelines.
C. The Grantee will comply with the following parts of the Governor's Office of Budget and Planning, UGMS revised June 2004, located
at: www.governor.state.tx.uslfiles/state-grants/UGMS062004.doe.
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 Ill. State of Texas Single Audit Circular (adapted from OMB Circular A-133)
D. For grants funded with federal funds, 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:
www.whitehouse.Qov/omb/zrants/grants circulars.html.
E. The Grantee 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) located at:
http://www.access.Qpo.govlnaralefrlwaisidx 06/45c r1183 06html.
F. All publicity relating to the grant award must include acknowledgment of the Institute of Museum and Library Services,
http://www.inils.jzov/recipients/imis acknowledgement.aspx, and the Texas State Library and Archives Commission whenever
possible and practical. Publicity includes, but is not limited to press releases, media events, public events, displays in the 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 quarterly report of program activities.
G. Grantee 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. Grantee farther 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 for three years after the last State Program Report for the Texas LSTA 5-Year Plan 2008-2012, is
submitted on December 31, 2013. The Grantee must maintain all grant-related records through December 31, 2016. In the
event the Grantee or receiving entity no longer exists, the Grantee will notify the Grantor in writing providing the name of the
legal entity that will maintain the records and the location of said records.
1. 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 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.
FY 2013 Impact Grant 3 of7 TSLAC.
J. This grant may be terminated by written notice and mutual agreement of both parties. The termination notice must be given no less
than 30 days prior to the termination date. Where notice of termination is given, the Grantee shall:
1. Take immediate steps to bring the work or grant activities to a close in a prompt and orderly manner. Grantee will complete
reporting requirements outlined in Section VII of this document and in a manner mutually agreed upon by both parties as part of
the closeout process.
2. Reduce expenses to a minimum and not undertake any forward commitment. All contracted funds that are not spent, encumbered
or obligated at the time of notice of termination shall revert back to Grantor according to processes established in Section IV of
this document and according to a timeline mutually agreed upon by both parties.
In the event the Grantee loses all staff prior to the end of the grant period or the termination date, whichever is earlier, the Grantee is
obligated to fulfill all terms and conditions of the grant with regard to reporting requirements, retention of records and requirements for
disposition of equipment and supplies.
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;
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, 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
that are necessary and not reasonably avoidable, are allowable if:
1. The costs resulting from obligations 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.
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 111, Subpart C, Sec 35) and state law.
X. CONTACTS AT TSLAC
Questions or concerns about programmatic issues, budget and/or program revisions, performance reports, and any narrative reports should
be directed to:
Erica McCormick, Grants Administrator
Phone: 512-463-5527/ Fax: 512-936-2306
E-mail: emccormickna tsl.state.tx.us
Questions or concerns about financial issues should be directed to:
Manager, Accounting and Grants Department
Phone: 512-463-6626 / Fax: 512-475-0185
E-mail: mmartinna,tsl.state.tx.us
Questions or documentation relating to required Requests for Funds 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. accounting9tsl.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
Accounting and Grants Department
Texas State Library and Archives Commission
PO Box 12516
Austin, TX 78711-2516
FY 2013 Impact Grant 4 of7 TSLAC
M. APPLICABLE AND GOVERNING LAW
A. The laws of the State of Texas shall govern this grant.
B. 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.
C. This grant contract is subject to the availability of funds. The Grantor may reduce or terminate this grant contract when the
availability of funding is reduced or eliminated.
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 13,
Part 1, Chapter 2, Subchapter C, Division 3, Rule 2.310 to 2.312 regarding the Impact Grant Program, Title 13, Part 1, Chapter 2,
Subchapter C, Division 1, Rules 2.110 - 2.119 regarding General Grant Guidelines, and the Library Services and Technology Act
(LSTA), and 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. Grantee 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 grantee is unable to certify to any of the statements in this
certification, the grantee shall attach an explanation to this contract.
F. 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.
G. 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).
H. 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.
3. A subgrantee must comply with Texas Government Code, Chapter 551 that require all regular, special or called meeting of
governmental bodies to be open to the public, except as otherwise provided by law.
FY 2013 Impact Grant 5 of7 TSLAC
4. A subgrantee must comply with the Texas Family Code Section 261.101 that 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.
5. 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) that 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), that
prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794),
that 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), that 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 0) the requirements of any other
nondiscrimination statute(s) that may apply to the application.
6. 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.
7. Subgrantees will comply with the provisions of the Hatch Political Activity Act (5 U.S.C. §7321-29) that limit the political
activity of employees whose principal employment activities are funded in whole or in part with Federal funds.
8. 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.
9. Subgrantees will insure that the facilities under its ownership, lease or supervision that 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).
10. 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.).
11. Subgrantees will comply with Public Law 103-277, also known as the Pro-Children Act of 1994 (Act), that prohibits smoking
within any portion of any indoor facility used for the provision of services for children as defined by the Act.
12. Subgrantees will comply with all Federal tax laws and are solely responsible for filing all required state and federal tax forms.
13. Subgrantees will comply with all applicable requirements of all other Federal and state laws, executive orders, regulations and
policies governing this program.
14. 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.
FY 2013 Impact Grant 6 of7 TSLAC
SIGNATURES
GRANTOR GRANTEE
Texas State Ljbry apd Archives Commission City of The Colony, The Colony Public Library
Edward Seidenberg, Assistant State Libra an Signature-(mbe an official empowered to enter into contracts)
k i ~l✓
Date Typewri en or Tinted Name
Donna Osborne, Chief Fiscal Officer Ti le
8/29/12 x
Date Date
4tE:io
Deborah Litt ell, Library Development and Networking Director
8/29/12
Date /
Erica cCormick, Grants Administrator
8/29/12
Date
FY 2013 Impact Grant 7 of7 TSLAC