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21-092ORDINANCE NO. 21-092 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACCEPT THE TSLAC CARES GRANT PROGRAM - CYCLE 2 ( GRANT CAR2-21007) FOR STATE FISCAL YEAR 2021 (FEDERAL AWARD IDENTIFICATION #LS-246561-OLS-20) FROM THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION THROUGH THE INSTITUTE OF MUSEUM AND LIBRARY SERVICES, IN THE AMOUNT OF $20,929.00, FOR THE PERIOD OF APRIL 1, 2020, THROUGH AUGUST 31. 2021: AUTHORIZING THE CITY MANAGER TO CARRY OUT ALL DUTIES OF THE CITY PURSUANT TO THE GRANT; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas State Library & Archives Commission (“TSLAC”) Cares Grant Program-Cycle 2, Grant Number CAR2-21007, for State Fiscal Year (“SFY”) 2021 will provide financial assistance toward expenditures related to the grant program, including 24/7 outdoor wi- fi access at library facilities, additional mobile wi-fi hotspots for checkout, eBooks and digital audiobooks, and other miscellaneous expenses related to the grant program’s goals and objectives; and WHEREAS, the City desires to expand outdoor wi-fi access at library facilities to provide 24/7 Internet access in the three library public parking lots and the Nook Park at Emily Fowler Central Library, add additional wi-fi hotspots for checkout, and expand the library’s digital collection with more eBooks and digital audiobooks; and WHEREAS, the funding of the Project will result in expanded remote access to technology and library materials to support students, employment seekers, small business owners, and all community members who rely on the public library for access to Internet, information, and resources; and WHEREAS, the City Council finds it in the best interest of the citizens of the City of Denton to authorize the City Manager, or his designee, to accept the TSL AC Cares Grant Program- Cycle 2, Grant Number CAR2-21007, for SFY 2021 in the amount of $20,929.00 from TSLAC through the Institute of Museum and Library Services for the period of April 1, 2020 through August 3 1, 2021; and WHEREAS, TSLAC has provided the City with its Grant Agreement, attached hereto as Exhibit A, and the City Council finds that the Grant Agreement is acceptable and is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. Page 1 of 3 SECTION 2. The City Council authorizes the City Manager, or his designee, to accept the TSLAC Cares Grant Program-Cycle 2, Grant Number CAR2-21007, for SFY 2021 (Federal Award Identification No. LS-246561-OLS-20) and execute the Grant Agreement attached as Exhibit A on behalf of the City. SECTION 3. The City Manager, or his designee, is further authorized to carry out all duties and obligations of the City under the Grant Agreement and to take such additional actions necessary and appropriate to effectuate the purpose of the grant. SECTION 4. If any section, subsection, paragraph, sentence, clause, phrase, or word in this Ordinance, or the application thereof to any person or under any circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council of the City of Denton hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 5. This Ordinance shall become effective immediately upon its passage and approval. The motion to approve this Ordinance was made by h \ N\e'\he < and seconded by R\) qc tr, \r\ \c) ( ; this Ordinance was passed and approved bythe following vote n -a : Aye Nay Abstain Absent Mayor Gerard Hudspeth:I a J -L I J J Birdia Johnson. District 1 : Connie Baker. District 2: Jesse Davis, District 3 : John Ryan, District 4: Deb Arruintor, At Large Place 5 : Paul Meltzer, At Large Place 6: PASSED AND APPROVED thi, the 26-ttl day of :Lo,ORg.I _, 2021. Page 2 of 3 ATTEST: ROSA RIOS, CITY SECRETARY n\11111111 a k72p aa APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: Z 'at Page 3 of 3 DocuSign Envelope ID: 7A35A521-DB6749D4-AI 6E-B54A52343053 TEXAS STATE LIBRARY & ARCHIVES COMMISSION TSLAC CARES - CYCLE 2 GRANT PROGRAM Grant Number: CAR2-21007 1.CONTRACTING PARTIES Grantor: Subrecipient: Texas State Library and Archives Commission (TSLAC) City of Denton, Denton Public Library 502 Oakland St Denton, TX 76201-3 102 DUNS No.: 071380190 11. 111. TERM OF GRANT April 21, 2020, through August 3 1 , 202 1 STATEMENT OF SERVICES TO BE PERFORMED Subrecipient shall provide services as outlined in the approved grant application (TSLAC CARES Grant Program – Cycle 2) as approved by TSLAC. Grant funds must be used to meet TSLAC and Federal goals. The Subrecipient must report information relating to best practices and performance outcomes during the period of this contract. The approved grant application submitted by Subrecipient 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: $20,929.00. 1ndirect costs, as included in the total amount awarded, shall not exceed 0.000 or $0.00 as indicated in the budget below. B.Source of funds: Institute of Museum and Library Services (IMLS) CFDA Name: Grants to States CFDA #: 45.3 10 Federal Award Identification #: LS-246561-OLS-20; Federal Award Date: April 21, 2020 C The Subrecipient is restricted to one oft\vo methods for requesting funds from TSLAC. The Subrecipient may request reimbursement of actual and allowable expenditures for the Subrecipient’s normal billing cycle, or advance payment for estimated and allowable expenditures to be incurred in the 30-day period following the request. Only Subrecipients providing documentation to demonstrate a lack of sufficient working capital and the ability to minimize the time elapsing between transfer of funds from TSLAC and disbursement of grant funds will be allowed to request advance payments. The Subrecipient must request payments from TSLAC using TSLAC’s Request for Funds form (RFF) via TSLAC’s online Grant Management System (GMS), located at https://grants.tsI.texas.gov. Requests may be submitted to TSLAC no more often than once every 30 days, and no less often than once per quarter. Funds will be processed and paid to the Subrecipient provided TSLAC has received a fully executed contract, and Subrecipient has fulfilled all reporting and training requirements for current and preceding contracts and submitted supporting documentation with the RFF. When submitting an RFF for reimbursement, the Subrecipient must provide TSLAC with supporting documentation, such as receipts, paid invoices, time sheets, and/or pay stubs to support the amount requested before payment will be processed. The Subrecipient may not obligate or encumber grant funds after July 31, 2021. Subrecipient must submit the final request for reimbursement no later than August 1, 2021. All supporting documentation must be submitted no later than August 31, 2021. If the Subrecipient does not expend funds on a regular basis and/or provide notice relating to unexpended funds by May 31, 2021, TSLAC reserves the right to act as necessary to reduce any unexpended balances, including reducing the grant amount specified in Section IV. A. above. Interest earned in excess of 8500 on advanced funds must be returned to TSLAC per requirements in the State of Texas Uniform Grant Management Standards (UGMS). All unexpended grant funds must be returned to TSLAC per requirements in UGMS. D. E. F. G. H. 1.Per the approved grant application, funds are authorized according to the following budget: Travel $ 0.00 EquiF)mem § 0.00 Supplies/Materials $11,422.00 Services $9,507.00 Consultant Fees $ 0.00 Indirect Costs $ 0.00 Total $20,929.00 TS LAC CARES Grant – Cycle 2 – CAR2-2 1007 1 of 6 TSLAC DocuSign Envelope ID: 7A35A521-DB6749D4-A16E-B54A52343053 V.REQUEST FOR FISCAL AND PROGRAMMATIC CHANGES If the Subrecipient anticipates a need for a budget or program revision, Subrecipient must notify TSLAC and, if approved by TSLAC, request a budget and/or program revision for fiscal and/or programmatic changes as outlined in this Section. Subrecipient must submit a chnrge request for budget and/or program revisions electronically on TSLAC’s GMS. Under no condition may a Subrecipient request to exceed the total grant amount. TSLAC must receive all change requests on or before June 15, 2021. Requests received after this date will generally be declined but may be considered on a case-by-case basis if extenuating circumstances exist. Subrecipient must submit a budget and/or program change request to TSLAC before obligating or expending grant funds as follows: A. Fiscal changes require an approved Budget Revision under any of the following conditions: I Making cumulative transfers among budget cost categories or projects that are expected to exceed ten (10) percent of the total grant; Transferring any funds into a budget cost category that currently equals zero (80); Expending any program income earned through the utilization of resources funded by this grant; or, 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. 2 3 4. B.Programmatic changes to the approved grant application require 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; 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.1. are met, any fiscal change to items listed in the Equipment budget category specified in Section IV. 1. of this contract will require an approved Budget Revision before making the change. A fiscal change includes a change in the cost of the equipment and/or property, and any cost necessary to put the item into service, including, but not limited to, the cost of wry 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 should be included in or excluded from the expenditure cost in accordance with the Subrecipient’s regular accounting practices and Generally Accepted Accounting Practices (GAAP). TSLAC will not advise Subrecipient on ancillary charges. The Subrecipient 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. B. C.Equipment costing $5,000 or more per unit requires approval before purchase. In those instances, TSLAC will secure approval from IMLS on behalf of the Subrecipient and inform Subrecipient of approval once received. Subrecipient agrees to maintain records on all equipment/property as defined in 2 C.F.R. §200.33. Subject to the obligations and conditions set forth in UGMS, title to equipment acquired under a grant will vest in the Subrecipient upon acquisition. Subrecipient must include any equipment/property acquired with grant funds in the required biennial property inventory and follow the UGMS requirement that the Subrecipient reconcile the equipment/property records with a physical inventory of the equipment/property every two years. This biennial inventory does not need to be submitted to TSLAC but must be maintained by the Subrecipient and will be subject to review and/or audit by TSLAC. When property is vested in the Subrecipient Subrecipient will dispose of equipment/property in accordance with UGMS, When the Subrecipient has been given federally or state-owned equipment/property, Subrecipient will follow the guidance as set forth in UGMS. D. E. VII.REPORTING REQUIREMENTS The State Legislature has charged TSLAC with submitting performance measurement reports that specify the level of services provided by its programs and services. In accepting these grant funds, the Subrecipient acknowledges responsibility for performing certain services on behalf of TSLAC, as outlined in the approved grant application. Therefore, the Subrecipient is responsible for submitting periodic reports that reflect the Subrecipient’s level of performance on these services to TSLAC. To comply with these requirements, the Subrecipient agrees to submit reports that are timely, accurate, auditable, and consistent with definitions. The Subrecipient agrees to develop or revise, as necessary, any specific written documentation of its current procedures for (1) collecting and reporting performance measures; (2) conducting a fixed asset inventory; and/or, (3) any other issues identified in the Subrecipient’s grant activities or internal audit. Drafts of this procedural documentation will be submitted to TSLAC by dates established mutually between TSLAC and Subrecipient. TSLAC will provide review and guidance to enable final versions to be approved on or before established deadlines. A The Subrecipient agrees to submit quarterly performance reports detailing grant-funded activities via TSLAC’S GMS on or before due dates listed in the following schedule. In the event that a due date falls on a weekend or state holiday, the respective report will be due on the next business day. Subrecipient agrees to submit Legislative Budget Board (LBB) measures, as defined by TSLAC, in the reports, and to work with agency staff in the development and reporting of Project outcomes. LBB measures may include the numbers of: a) books and other materials purchased with grant funds; b) persons provided grant-sponsored services; and/or c) library staff trained or assisted in order to carry out the grant-funded activities. TS LAC CARES Grant – Cycle 2 – CAR2-2 1007 2 of 6 TSLAC DocuSign Envelope ID: 7A35A521-DB6749D4-AI 6E-B54A52343053 Reporting Period Due Date Pl (September 1, 2020–February 28, 2021) P2 (March 1, 2021-August 31, 2021) March 7, 2021 September 7, 2021 C.The Subrecipient will ensure that all fiscal reports or vouchers requesting payment under this agreement will include a certification, signed by an official who is authorized to legally bind the Subrecipient, that the reports are true, complete, and accurate, and the expenditures, disbursements, and cash receipts are for the purposes and objectives set forth in the terms and conditions of the award, The Subrecipient acknowledges that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject the signing official to criminal, civil or administrative penalties for fraud, false statements, false claims, or otherwise. (2 CFR §200.415(a)), to the extent authorized by the Texas constitution and the laws of the State of Texas. The Subrecipient agrees to submit an audit certification form for each auditable period ending August 3 1, 2020, and August 3 1, 2021, to TSLAC no later than December 31 of each year, respectively, or other deadlines as specified by TSLAC. If a single audit is required, the Subrecipient will comply with the Supercirculn (2 CFR §200.512 Report Submission). The audit shall be completed and the required data collection form submitted to the Federal Audit Clearinghouse (FAC) 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. TSLAC reserves the right to withhold final payment on this Grant until all required reports and forms are received. D. E F VIII.GENERAL TERMS AND CONDITIONS A. The Subrecipient will comply with the TSLAC CARES Grant Program Guidelines – Cycle 2. B.The Subrecipient will comply with the Title 13, Part 1, Chapter 2, Subchapter C, Division 1, Rules 2.1 10–2.119 regarding General Grant Guidelines. C.The Subrecipient will comply with all applicable federal and state laws and any other requirements relevant to the performance of Subrecipient under this contract, including the following rules and guidance as applicable: Texas Uniform Grants Management Standards (UGMS) (https : //comptroller .texas.gov/purchasing/docs/ugms.pdf) ; and Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR §200 and §3 187 (SupucIIeu\u)) (https://federalregister .gov/a/2013-30465) . 1 2 The Subrecipient may copyright any work that is subject to copyright and was developed, or for which ownership was acquired, under a Federal award. Subrecipient understands that IMLS and TSLAC reserve a royalty-free, nonexclusive and irrevocable right to reproduce, publish or otherwise use the work for Federal or state government purposes, and to authorize others to do so. (2 CFR §200.3 15) All publicity relating to the grant award must include acknowledgment of the Institute of Museum and Library Services (www. imls,gov/recipients/imls acknowledgement. aspx) and the Texas State Library and Archives Commission. Publicity includes, but is not limited to press releases, media events, public events, displays in the benefiting library, announcements on the Subrecipient’s website, and materials distributed through the grant project. Tbc Subrecipient will provide TSLAC with one set of all public relations materials produced under this grant with the final quarterly performance report. The Subrecipient 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, 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 1 973, 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. §§6 IO1-6107), that prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1 972 (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. §360 1 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 G) the requirements of any other nondiscrimination statute(s) that may apply to the application. The Subrecipient understands that acceptance of funds under this contract acts as acceptance of the authority of duly authorized representatives of TSLAC, IMLS, the Comptroller General of the United States, and the Texas State Auditor's Office, or any successor agencies, to conduct an audit or investigation in connection with those funds. Subrecipient further agrees to cooperate fully with said representatives in the conduct of the audit or investigation and agrees to provide access to all books, documents, papers, examinations, excerpts, transcripts, copies, and any other records necessary to conduct the audit and/or investigation. Subrecipient will ensure that this clause conceming the authority to audit funds received indirectly by subcontractors through Subrecipient, and the requirement to cooperate, is included in the contract for any sub-grant awarded. D. E. F. TSLAC CARES Grant – Cycle 2 – CAR2-2 1007 3 of 6 TSLAC DocuSign Envelope ID: 7A35A521-DB6749D4-AI 6E-B54A52343053 H The Subrecipient, if a prtvate entity, will comply with Federal law pertaining to trafficking in persons. Subrecipient and its employees may not: 1. Engage in severe forms of trafficking in persons during the period of time that the award is in efFect; 2. Procure a commercial sex act during the period of time that the award is in effect; or 3. Use forced latx)r in the performance of the award or subawards under the award. The Subrecipient 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 2018-2022 is submitted (anticipated date of submission is December 3 1, 2023). This means the Subrecipient must maintain all grant-related records through December 31, 2026. In addition, Subrecipients that operate as state agencies must comply with Texas Government Code, § 441.1855, relating to state agency contracting and the retention of all contract-related documents. 1. In the event the Subrecipient or receiving entity ceases to exist, the Subrecipient will notify TSLAC in writing providing the name of the legal entity that will maintain the records and the location of the records. 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 Subrecipient shall: 1. Take immediate steps to bring the work or grant activities to a close in a prompt and orderly manner. Subrecipient 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 TSLAC according to processes established in Section IV. H. of this document and according to a timeline mutually agreed upon by both parties. J. K. L M. Loss of all of Subrecipient's staff prior to the end of the grant period or the termination date, whichever is earlier, does not relieve the Subrecipient of its obligations 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. The parties agree that no provision of this contract is in any way intended to constitute a waiver by TSLAC or the State of Texas of any immunities from suit or from liability that TSLAC or the State of Texas may have by operation of law. This grant contract is subject to the availability of funds. TSLAC may reduce or terminate this grant contract when the availability of funding is reduced or eliminated. IX.ENFORCEMENT A.Remedies for noncompliance. If a Subrecipient materially fails to comply with any term of the contract, whether stated in a state or federal statute or regulation, an assurance in a state plan or application, a notice of award, or elsewhere, TSLAC may take one or more of the following actions or impose other sanctions as appropriate in the circumstances: Temporarily withhold cash payments pending correction of the deficiency by the Subrecipient, or more severe enforcement action by TSLAC; 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; Wholly or partly suspend or terminate the current contract for the Subrecipient's program; Withhold further awards for the program; or Take other remedies that may be legally available. B.Hearings, appeals. In taking an enforcement action, TSLAC will provide the Subrecipient an opportunity for such hearing, appeal, or other administrative proceeding to which the Subrecipient is entitled under any statute or regulation applicable to the action involved. Appeal/protest procedures are outlined in the Texas Administrative Code (TAC), Title 13, Part 1, Chapter 2, Subchapter A. Rule 2.55 C Effects of suspension and termination. Costs to Subrecipient resulting from obligations incurred by the Subrecipient during a suspension or after termination of an award are not allowable unless TSLAC expressly authorizes them in writing. Other Subrecipient costs incurred during suspension or after termination that are necessary and not reasonably avoidable are allowable if 1. The costs relate to obligations that were properly incurred by the Subrecipient before the effective date of suspension or termination and were not incurred in anticipation of suspension or termination, and, in the case of a termination, the costs 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. Relationship to Debarment and Suspension – TIle enforcement remedies identified in this section, including suspension and termination, do not preclude Subrecipient from being subject to "Debarment and Suspension" under Executive Order 12549 (UGMS, Part III, Subpart C, Sec. 35) and state law. D. TS LAC CARES Grant – Cycle 2 – CAR2-2 1007 4 of 6 TSLAC DocuSign Envelope ID: 7A35A521-DB6749D4-A16E-B54A52343053 X.CONTACTS AT TSLAC Questions or concerns about programmatic issues, budget and/or program revisions, performance reports. and equipment/property should be directed to: Bethany Wilson, Grants Administrator Phone: 512-463-5527/ Fax: 512- 936-2306 E-mail: t)wilson@tsl.texas.gov Questions or documentation relating to requests for funds, payments, and financial status should be directed to: Arturo Villarreal. Grants Accountant Phone: 512-463-5472 / Fax: 512-475-0185 E-mail: grants.accounting@tsl.texas.gov Questions or concerns about advance payments and other financial issues should be directed to: Rebecca Cannon, Manager, Accounting and Grants Phone: 512-463-6626 / Fax: 512-475-0185 E-mail: rcannon@tsl.texas.gov Payments from Subrecipient to TSLAC, such as refunds and those for excess advanced funds or interest earned on advanced funds, should be mailed to the following address with an explanation of the purpose of the payment and the grant number: Grants Accountant Accounting and Grants Department Texas State Library and Archives Commission PO Box 12516 Austin, TX 78711-2516 Xl.APPLICABLE AND GOVERNHVG 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. XII.GRANT CERTIFICATIONS TSLAC 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 2 1 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 §&+ 1.006, Texas Government Code §44 1.135 ; Texas Administrative Code, Title 13, Part 1, Chapter 2, Subchapter C, Division 1, Rules 2.11CL2. 119 regarding General Grant Guidelines; the Library Services and Technology Act (LSTA); the State Plan for the LSTA in Texas; and UGMS. The Subrecipient certifies that all costs included in this grant award are properly allocable to federal awards on the basis of a beneficial or causal relationship between the expenses incurred and the agreements to which they are allocated in accordance with applicable requirements. The Subrecipient certifies that the same costs that have been treated as indirect costs have not been claimed as direct costs. Similar types of costs have been accounted for consistently, and the negotiating agency will be notified of any accounting changes that would affect the predetermined rate. B. C. The Subrecipient certifies by this contract that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid for such purpose, the Subrecipient shall complete and submit OMB form SF.LLL, Disclosure of Lobbying Activities, in accordance with its instructions. TIle Subrecipient shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly, as specified in 3 1 U.S.C. §1352. Subrecipient has provided to TSLAC 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. Subrecipient agrees to collect, as required and appropriate, Certification forms from all libraries receiving benefits of Federal funds expended under this contract. F.Subrecipient certifies that neither subrecipient nor any of its principals (a) are presently excluded or disqualified; (b) have been convicted within the preceding three years of any of the offenses listed in 2 CFR §180.800(a) or had a civil judgment rendered against it or them for one of those offenses within that time period; (c) are presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses listed in 2 CFR 9180.800(a); or (d) have had one or more public transactions (Federal, State, or local) terminated within the preceding three years for cause or TSLAC CARES Grant – Cycle 2 – CAR2-2 1007 5 of 6 TSLAC DoLuSign Envelope ID: 7A35A521-DB6749D4-A16E-B54A52343053 default. Where the Subrecipient is unable to certify to any of the statements in this certification, the Subrecipient shall attach an explanation to these Certifications. G. The Subrecipient certiHes 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, Subpmt B, Sec. 14 – State Assurances) XIII. SIGNATURES The undersigned hereby execute this contract. £BAEIQB Texas State Library and Archives Commission SUBRECIPIENT Mark Smith, Director and Librarian no E\b„.A_. Date Typewritten or Printed Name Donna Osborne, Chief Financial Officer Title 12/1 1/2020 THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. 'DocuSlgned by: Ju.+.W g&h&bmy 1/5/2021 Date APPROVED AS TO LEGAL FORM: 12/11/2020 Bethany Wilson, Grants Administrator 12/1 1/2020 Date AARON LEAL, CITY ATrORNEY BY Trey ;ford, Deputy City Attorney ATIEST: cm SECRETARY _ 01 1 05 / bDa\ e TSLAC CARES Grant – Cycle 2 – CAR2-2 1007 6 of 6 TSLAC Mark Smith (Feb 1, 2021 11:16 CST) Mark Smith Feb 1, 2021 CAR2-21007 - Denton PL - SubSigned Final Audit Report 2021-02-01 Created:2021-02-01 By:Taz Yilma (tyilma@tsl.texas.gov) Status:Signed Transaction ID:CBJCHBCAABAAms9T3xiVP8KspDo5auZyC9pGWgZL8VNI "CAR2-21007 - Denton PL - SubSigned" History Document created by Taz Yilma (tyilma@tsl.texas.gov) 2021-02-01 - 4:50:56 PM GMT- IP address: 204.65.194.100 Document emailed to Mark Smith (msmith@tsl.texas.gov) for signature 2021-02-01 - 4:52:15 PM GMT Email viewed by Mark Smith (msmith@tsl.texas.gov) 2021-02-01 - 5:16:08 PM GMT- IP address: 104.47.70.126 Document e-signed by Mark Smith (msmith@tsl.texas.gov) Signature Date: 2021-02-01 - 5:16:37 PM GMT - Time Source: server- IP address: 204.65.194.100 Agreement completed. 2021-02-01 - 5:16:37 PM GMT