HomeMy WebLinkAbout2001-370ORDINANCE NO ;9 001-j q
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT FOR A GRANT WITH THE TEXAS STATE LIBRARY AND ARCHIVES
COMMISSION TO PROVIDE LIBRARY SERVICES TO PRESCHOOL CHILDREN IN
DAYCARE CENTERS, RATIFYING THE ACTIONS OF THE CITY MANAGER,
DIRECTOR OF THE LIBRARY, AND OTHER CITY OFFICIALS IN REGARD TO THE
GRANT APPLICATION, AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the City Manager is hereby authorized to execute an agreement for a
grant with the Texas State Library and Archives Commission to provide library services to
preschool children in daycare centers in substantially the same form as Exhibit A, which is
incorporated by reference as if fully set forth herein The City Manager, Library Director, and
any other City official are authorized to execute any further documents and certifications
necessary for obtaining the grant
SECTION 2 That all prior actions of the City Manager, Library Director, and other City
officials in executing various documents and certifications with regard to said grant application
are hereby approved and ratified
SECTION 3 That the City Council has found and determined that the meeting at which
this ordinance is considered is open to the public and that notice thereof was given in accordance
with the provisions of the Texas open meetings law, TEX GOV'T CODE ch 551, as amended,
and that a quorum of the City Council was present
SECTION 4 That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the day of 2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APP VEIS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY &4L ' / ��'
F \SHARED\DEPI WOur Documents\Ordinances\01\Pm School library grant doe
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TEXAS STATE LIBRARY & ARCHIVES COMMISSION 00
Od
SPECIAL PROJECTS GRANT��
Grant # 478-02027
CONTRACTING PARTIES
Grantor Texas State Library and Archives Commission (TSLAC)
Grantee City of Denton, Denton Public Library
502 Oakland Street
Denton, Texas 76201
II TERM OF GRANT
September 1, 2001 to August 31, 2002
III GRANTOR CERTIFICATION
The Grantor certifies that (1) the services specified below are necessary and essential for activities
that are properly within the statutory functions and programs of the affected organizations, (2) the
services, supplies or matenals contracted for are not required by Section 21 of Article 16 of the
Constitution of Texas to be supplied under contract given to the lowest bidder, and (3) the grant is in
compliance with Texas Government Code § 441 121 et seq , the Library System Act, Texas
Government Code § 441006, General Powers and Duties, P L 104-208, the Library Services and
Technology Act (LSTA), the State Plan for the LSTA in Texas, and, the Uniform Grant
Management Standards (UGMS)
IV GRANT AMOUNTS
A The total amount of the grant shall not exceed $ 48,155
B Source of funds
CFDA # 45 310
Institute of Museum and Library Services, State Library Program
Federal Fiscal Year 2001 Carryover
TSLAC's accounting coding
Index Code 34782, Object Code 7611
Page 1 of 7
Fiscal Year 2002 City of Denton Special Projects Grant
C Budget
Personnel
$25,583
Fringe Benefits
9,451
Travel
173
Equipment/Property
0
Supplies
6,648
Contractual
3,500
Other
2,800
Total Direct Costs $48,155
Indirect Costs
Total $48,155
V WRITTEN PRIOR APPROVALS FOR FISCAL AND PROGRAMMATIC CHANGES
A The Grantor must give written prior approval for any of the following fiscal changes
1 Making cumulative transfers among budget cost categories or projects which are expected
to exceed ten (10) percent of the total grant
2 Transferring any funds into a budget cost category that equals zero ($0)
Written prior approval is to be requested on the Prior Approval Request form and shall be
requested when nearing the 10% limit or the end of the grant term This provision does not
allow the grant to be exceeded All prior approvals must be received by Grantor on or before
August 1, 2002 Approvals received after this date will be considered on a case -by -case
basis.
B The Grantor must give written prior approval for any of the following programmatic changes to
the application (Special Projects Grants for State Fiscal Year 2002)
1 Changing key persons specified in the grant, however, none of the personnel are
considered key personnel for the purpose of this section
2 Obtaining the services of a third party to perform activities that are central to the purposes
of the grant
3 Changing the scope or objectives (regardless of whether there is an associated budget
revision) A change in scope is a substantive difference in the approach or method used to
reach program objectives
Written prior approval is to be requested on the Prior Approval Request form All prior
approvals must be received by Grantor on or before August 1, 2002
C The Grantor hereby gives approval for the items specified under the cost categories outlined
below Before the Grantee obligates or expends grant funds for additional items in the following
cost categories, the Grantor must give written prior approval Written prior approval is to be
requested on the Prior Approval Request form Written prior approval is also required if an
item's cost or features are substantially different from what the grant specifies, or from a
previous Prior Approval Request All prior approvals must be received by Grantor on or before
August 1, 2002
Page 2 of 7
Fiscal Year 2002 City of Denton Special Projects Grant
COST CATEGORIES
1 PrpAard Costs
None
Subject to the obligations and conditions set forth in Uniform Grant Management Standards
(UGMS) Section III, Subpart C 32 (a), title to equipment acquired under a grant will vest upon
acquisition in the grantee
Each piece of equipment/property is an article of nonexpendable, tangible personal property having
a useful life of more than one year and an acquisition cost that exceeds the capitalization amount
established by Grantee's governing entity Grantee must furnish a statement to Grantor certifying
the governing entity's capitalization level with the Prior Approval Request Form
Equipment/property includes furniture, library materials, etc, purchased wholly or in part with grant
funds The prior approval amount is the capital expenditure, which means the cost of the
equipment/property including the cost to put it in place Capital expenditure for equipment/property
means the net invoice price of the equipment/property, including the cost of any modifications,
attachmentsi accessories, or auxiliary apparatus necessary to make it usable for the purpose for
which it is acquired Ancillary charges, such as taxes, duty, protective in transit insurance, freight,
and installation may be included in, or excluded from, capital expenditure cost in accordance with
the Grantee's regular accounting practices
VI STATEMENT OF SERVICES TO BE PERFORMED
The Grantee will comply during the period of this contract and provide services, outlined within the
grant application (Special Projects Grants for SFY 2002) as approved by the Grantor
VII TERMS AND CONDITIONS
A The Grantee will comply with the Special Projects Grants Program Guidelines for SFY 2002
B The Grantee will comply with the Rules for Administering the Library Systems Act Note that
Rule 197 (a) will not be applicable during the term of this grant
C The Grantee will comply with the following two parts of the Governor's Office of Budget and
Planning Uniform Grant Management Standards (UGMS), revised January 2001, located at
hup //www governor state Ix us/the_ofce/gts_tracs/Grants/guidelines htm
Page 3 of 7
Fiscal Year 2002 City of Denton Special Projects Grant
Cost Principles for State and Local Governments and Other Affected Entities
(adapted from OMB Circular A-87)
State Uniform Administrative Requirement for Grants and Cooperative Agreements
(adapted from OMB Circular A-102)
For grants funded with state funds, the Grantee will comply with the third part of UGMS, the
State of Texas Single Audit Circular For grants funded with federal funds, the Grantee will
comply with the Office of Management and Budget (OMB) Circular A-133, Audits of States,
Local Governments, and Non -Profit Organizations (revised 6/97), located at http //www
whitehouse gov/OMB/circulars
D The Grantee will comply with the Institute of Museum and Library Services' 45 Code of Federal
Regulations, Part 1183, Uniform Administrative Requirements for Grants and Cooperative
Agreements to States and Local Governments (adapted from OMB Circular A-102)
E The Grantee will send the Grantor a copy of any management letters issued by the auditor with
the repotting package (or written notification, as applicable) The audit's Schedule of
Expenditures of Federal and State Awards will list the amount of awards expended for each
award year separately
F The Grantee may not obligate grant funds after August 31, 2002 By October 31, 2002, all
obligations must be liquidated Final requests for advance must be received by Grantor on
or before September 15, 2002. All unexpended funds must be returned to the Grantor along
with final report due November 15, 2002 Final requests for reimbursement must be
received no later than November 15, 2002
G The Grantee will add any program income to the funds committed to the grant, using such
program, income for the purposes and under the conditions of the grant The source and amount
of the program income must be explained in box 12 of the quarterly Financial Status Report
H All publicity relating to the grant award must include acknowledgement of the Institute of
Museum and Library Services and the Texas State Library and Archives Commission whenever
possible and practical Publicity includes but is not limited to press releases, media events,
public events, displays in the library, announcements on the library's website, and materials
distributed through the grant project
The Grantee certifies by this contract that it will comply with the Assurances — Non -
Construction Programs (OMB Standard Form 124B), the Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, and the
Certification Regarding Lobbying as submitted to the Grantor Additional assurances are listed
in UGMS, Subpart B 14
The Grantee affirms that it has not given, offered to give, nor intends to give at any time
hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount,
trip, favor or service to a public servant in connection with this contract The Grantee further
affirms that its employees or agents shall neither solicit nor accept gratuities, favors or anything
of monetary value from contractors, potential contractors or parties to subagreements
Page 4 of 7
Fiscal Year 2002 City of Denton Special Projects Grant
K The Grantee agrees to provide the Grantor with one (1) set of any public relations materials
produced under this grant
L The Grantee agrees to maintain records on all equipment/property with an acquisition cost that
exceeds capitalization levels of governing entity The Grantee will reconcile the
equipment/property records with a physical inventory of the equipment/property every two
years
The UGMS Subpart C, Sec 32, (d) (3) requires certain items of equipment (stereo systems, still
and video cameras, facsimile machines, VCRs and VCR/TV combinations, and cellular and
portable telephones) to be maintained on inventory if their cost is above $500, or if they could be
easily lost or stolen
Subject to the obligations and conditions set forth in the UGMS Section III, Subpart C, Sec 32
(a), title to equipment acquired under a grant will vest upon acquisition in the Grantee
When property is vested in the Grantee, the Grantee will dispose of equipment/property in
accordance with the UGMS Subpart C, Sec 32, (e) When the Grantee has been given federal
or state equipment/property, the UGMS Subpart C, Sec 32, (f) will be followed
M The Grantee agrees to submit the Equipment/Property Acquired form by October 31, 2002 for all
equipment/property purchased during that grant year This list must balance with the
equipment/property purchased with prior approval amounts
N The State Legislature has charged the Grantor with submitting performance measurement
reports that specify the level of services provided by its programs and services The Grantee
agrees to submit reports that are timely, accurate, audrtable, and consistent with definitions
1 The Grantee agrees to submit the Umform Statistical Reporting Form for Special Projects
Grants and Explanation of Variance according to the following schedule
Renortme Period J2uee
September 1, 2001 - November 30, 2001 December 6, 2001
December 1, 2001 - February 28, 2002 March 6, 2002
March 1, 2002 - May 31, 2002 June 6, 2002
June 1, 2002- August 31, 2002 September 6, 2002
If library materials ordered with grant funds are received after the end of the grant year, a
final Uniform Statistical Report may also be required covering receipt of those materials
This final Uniform Statistical Report will be due on or before November 15, 2002
2 The Grantee will submit Evaluation Reports to the Grantor according to the following
schedule
RR tporhDue Dat
September 1, 2001 - February 28, 2002 March 29, 2002
March 1, 2002 - August 31, 2002 September 27, 2002
Page 5 of 7
Fiscal Year 2002 City of Denton Special Projects Grant
0 The Grantee agrees to submit the quarterly Financial Status Report for this contract according to the
following schedule
Reporting Period Due Date
September 1, 2001 - November 30, 2001 December 28, 2001
December 1, 2001- February 28, 2002 March 29, 2002
March 1, 2002 - May 31, 2002 June 28, 2002
June 1, 2002 - August 31, 2002 September 27, 2002
A fuW Financial Status Report is due on or before November 15, 2002
P The Grantee is restricted to one of two methods for requesting funds from the Grantor The
Grantee may request an advance payment for estimated expenditures to be incurred for the
upcoming 30 days, or request a reimbursement of the actual expenditures for the Grantee's normal
billing cycle
The Grantee will request payment on the OMB Standard Form 270, Request for Advance or
Reimbursement, using box 12 rather than box 11 if requesting funds in advance Requests may be
made monthly, quarterly or any other time period, but not more than once a month
To request funds, Form 270 is due to the Grantor by the 15" of the month If requesting a
reimbursement, the funds will usually be received by the Grantee within 10 days after TSLAC
receives the funds from the federal government If requesting an advance, the Grantee must follow
procedures that minimize the time elapsing between the receipt and the disbursement of advanced
grant funds Requests for Advance funds will be disbursed by the first working day of the advance
period on the request
VIII CONTACTS AT TSLAC
Questions or concerns about programmatic issues and Prior Approval Request should be directed to
this grant's Project Manager
Kathleen Walls
Grants Coordinator
Phone 512-463-5532
Fax 512-463-8800
E-mail kwalls(@tsl.s1a1r,,tx.us
Questions or concerns about regulatory or financial issues should be directed to
Manager of Accounting and Grants Department
Phone 512-463-6626
E-mail ca_mackQtsl.state.tx.us
Page 6 of 7
Fiscal Year 2002 City of Denton Special Projects Grant
Fax reports to
Grants Accountant
Phone 512-463-5472
Fax 512-463-3560
E-mail mary lu@tsl state tx us
Payments to the Grantor, such as those for excess advanced funds or for interest earned each quarter
on advanced funds, should be mailed with an explanation of the purpose of the payment and the
grant number to
Grants Accountant
Texas State Library and Archives Commission
PO Box 12516
Austin, TX 78711-2516
IX. APPLICABLE AND GOVERNING LAW
A This grant shall be governed by the laws of the State of Texas All duties of either party shall be
legally performable in Texas The applicable law for any legal disputes arising out of this
contract shall be the law of (and all actions hereunder shall be brought in) the State of Texas, and
the forum and venue for such disputes shall be Travis County, District Court
B This grant is subject to availability of funds
M SIGNATURES
GRANTOR
Texas State Library and Archives Commission
�Q-(
Edward Seidenberg, Assistant fate Librarian
In -rs'oi
Date
Uttk-
jyrilua Alvarez-Macl
Manager of Accounting and Grants
Lo- is- of
Date
GRANTEE
City of Denton, Denton Public Library
qMust b offial empowered
o contracts
Michael A. Conduff
Typewritten or Printed Name
-ity Manager
Title
Page 7 of 7
Fiscal Year 2002 City of Denton Special Projects Grant
�c�O�e�. a�aool
Date
"PROVED AS TO FORIO
7ITY ATTORNEY
;1TY OF DEN;c1, rEXAS�
CERTIFICATION -REGARDING LOBBYING
l6dr
CC$NTRACTS, GRANTSJ'LbANS, A COOPERATIVE AGREEMENTS
(09qufred )de grants exdeeding $100,000)
The undersigned certifies, to the best of his or her knowledge and belief, that
1 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the making of any Federal grant, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
grant or cooperative agreement
2 if any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal grant or cooperative agreement, the undersigned shall complete and
submit Standard Form -LLL, 'Disclosure Form to Report Lobbying; in accordance with its
instructions
3 The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subgrants, contracts under grants and
cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose
accordingly
This certification is a material representation of fact upon which reliance was placed by the Texas State
Library when this transaction was made or entered into Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U S Code
Any person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure
Denton Public Library Books -to -Share
Organization Name Project
Michael A Conduff, City Manager
Name and Title of Authorized Representative
Signature
"o�a off, og®ol
Date
34CFR 82110 TSL 9304 FY99\0rantsTorms\Cernficanon Regarding Lobbying doc
OMB Approval No 0348-0040
ASSURANCES - NON -CONSTRUCTION PROGRAMS
Public reporting burden' for this collection of information is estimated to average 15 minutes per response, including time for review
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection
Information Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions
reducina this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348 0040), Washington, DC 20503
iE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET
IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY
NOTE Certain of these assurances may not be applicable to your project or program If you have questions, please contact the
awarding agency Further, certain Federal awarding agencies may require applicants to certify to additional assurances If such
is the case, you will be notified
As the duly authorized representative of the applicant, I certify that the applicant
1 Has the legal authority to apply for Federal assistance
and the institutional, managerial and financial capability
(including funds sufficient to pay the non -Federal share
of project cost) to ensure proper planning, management
and completion of the project described In this
application
Will give the awarding agency, the Comptroller General
of the United States and, if appropriate, the State,
through any authorized representative, access to and
the right to examine all records, books, papers, or
documents related to the award, and will establish a
proper accounting system in accordance with generally
accepted accounting standards or agency directives
3 Will establish safeguards to prohibit employees from
using their positions for a purpose that constitutes or
presents the appearance of personal or organizational
conflict of interest, or personal gain
4 Will initiate and complete the work within the applicable
time frame after receipt of approval of the awarding
agency
5 Will comply with the Intergovernmental Personnel Act of
1970 (42 U S C §§4728-4763) relating to prescribed
standards for merit systems for programs funded under
one of the 19 statutes or regulations specified in
Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C F R 900, Subpart F)
6 Will comply with all Federal statutes relating to
nondiscrimination These include but are not limited to
(a) Title VI of the Civil Rights Act of 1964 (P L 88.352)
which prohibits discrimination on the basis of race, color
or national origin, (b) Title IX of the Education
Amendments of 1972, as amended (20 U S C §§1681-
1683, and 1685.1686), which prohibits discrimination on
the basis of sex, (c) Section 504 of the Rehabilitation
Act of 1973, as amended (29 US C §794), which
prohibits discrimination on the basis of handicaps, (d)
the Age Discrimination Act of 1975, as amended (42
US C §§6101 6107), which prohibits discrimination
on the basis of age, (a) the Drug Abuse Office and
Treatment Act of 1972 (P L 92-255), as amended,
relating to nondiscrimination on the basis of drug
abuse, (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P L 91-616), as amended, relating to
nondiscrimination on the bans 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 as
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 at 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 statutes) which may apply to the
application
Will comply, or has already complied, with the
requirements of Titles II and III of the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (P L 91-646) which provide for
fair and equitable treatment of persons displaced or
whose property is acquired as a result of Federal or
federally -assisted programs These requirements apply
to all interests in real property acquired for project
purposes regardless of Federal participation in
purchases
Will comply, as applicable, with provisions of the
Hatch Act (5 US C §§1501 1508 and 7324 7328)
which limit the political activities of employees whose
principal employment activities are funded in whole or
in part with Federal funds
Previous Edition Usable Standard Form 424E (Rev 7-97)
Authorized for Local Reproduction Prescribed by OMB circular A -toe
9 Will comply, as applicable, with the provisions of the Davis -
Bacon Act (40 U S C §§276a to 276a-7), the Copeland Act
(40 U S C §276o 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 subegreements
10 Will comply, if applicable, with flood insurance purchase
requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (P L 93-234) which requires
recipients in a special flood hazard area to participate in the
program and to purchase flood Insurance if the total cost of
insurable construction and acquisition is $10,000 or more
11 Will comply with environmental standards which may be
prescribed pursuant to the following (a) institution of
environmental quality control measures under the National
Environmental Policy Act of 1969 (P L 91-190) and
Executive Order (EO) 11514, (b) notification of violating
facilities pursuant to EO 11738, (c) protection of wetlands
pursuant to EO 11990, (d) evaluation of flood hazards in
floodplams in accordance with EO 11988, (a) assurance of
project consistency with the approved State management
program developed under the Coastal Zone Management
Act of 1972 (16 U S C §§1451 et seq ), (f) conformity of
Federal actions to State (Clean Air) Implementation Plans
under Section 176(c) of the Clean Air Act of 1965, as
amended (42 U S C §§7401 at 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 IF L 93-
205)
12 Will comply with the Wild and Scenic Rivers Act of
1968 (16 U S C §§1271 et seq ) related to protecting
components or potential components of the national
wild and scenic rivers system
13 Will assist the awarding agency in assuring compliance
with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U S C §470), EO 11593
(identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of
1974 (16 U S C §§469a-1 at seq )
14 Will comply with P L 93 348 regarding the protection of
human subjects involved in research, development, and
related activities supported by this award of assistance
15 Will comply with the Laboratory Animal Welfare Act of
1966 (P L 89-544, as amended, 7 U S C §§2131 et
seq ) pertaining to the care, handling, and treatment of
warm blooded animals held for research, teaching, or
other activities supported by this award of assistance
16 Will comply with the Lead Based Paint Poisoning
Prevention Act (42 U S C §§4801 at seq ) which
prohibits the use of lead -based paint in construction or
rehabilitation of residence structures
17 Will cause to be performed the required financial and
compliance audits in accordance with the Single Audit
Act Amendments of 1996 and OMB Circular No A-133,
"Audits of States, Local Governments, and Non Profit
Organizations "
18 Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations, and policies
governing this program
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
zl_�City Mana er
APPLIC T ORGANIZATION DATE SUBMITTED Denton Public Library emeit 6� 4 6Zr7 /
Standard Form 424B (Rev 7-97) Back
CE1! 0 'TT® 3EC ARDING
DEBARMENT$,SI-JSPENSIONIIC�l 010,f�IITY AND VDLUNTAR m0-XCLU$1,DN
LgWER-T1EAbV P(W,jR/ NS�%1G TIDNS
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 34 CFR Part 85, Section 85 510, Participant's responsibilities The regulations were published as
Part VH of the May 26, 1988 Federal Re ig ster (pages 19160-12911) Copies of the regulations may be obtained
by contacting the person to which this proposal is submitted
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal
Denton Public Librar
Applicant
Michael A. Conduff3 City Manager
Name and Title of Authorized Certifying Official
Instructions for Certification
1 By signing and submitting this proposal, the prospective lower tier participant is providing the certification set
out below
2 The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into If it is later determined that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal Government, the
department or agency with which this transaction originated may pursue available remedies, including
suspension and/or debarment
3 The prospective lower tier participant shall provide immediate written notice to the person to which this proposal
is submitted, if at any time, the prospective lower tier participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances
4 The terms "covered transaction," "debarred," "suspended," "ineligible," 'lower tier covered transaction,"
"participant" "person," "primary covered transaction," "principal," "proposal," and 'voluntarily excluded," as
used in this clause, have the meanings set out in the Definitions and coverage sections of rules implementing
Executive Order 12549 You may contact the person to which this proposal is submitted for assistance in
obtaining a copy of those regulations
5 The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who
is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency with which this transaction originated
6 The prospective lower tier participant further agrees by submitting this proposal that it will include the clause
title "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion --Lower Tier
Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for
lower tier covered transactions
7 A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous A participant may decide the method and
frequency by which it determines the eligibility of its principals Each participant may, but is not required to,
check the Nonprocurement List
8 Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause The knowledge and information of a participant is
not required to exceed that which is normally possessed by a prudent person in the ordinary course of business
dealings
9 Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to
the Federal Government, the department or agency with which this transaction originated may pursue available
remedies, including suspension and/or debarment
FY99\GrantsW0=s\Certification Regarding Debarment doc