Loading...
2001-370ORDINANCE N0 d ~/-~Z/O 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 ORDA1NS SECTION 1 That the City Manager ~s hereby authorized to execute an agreement for a grant with the Texas State L~brary and Archives Commission to prowde library serwces to preschool children in daycare centers m substantially the same form as Exlub~t A, which is incorporated by reference as if fully set forth herein The City Manager, Library D~rector, and any other City official are authorized to execute any further documents and certifications necessary for obtmmng the grant SECTION 2 That all prior actions of the C~ty Manager, L~brary Director, and other C~ty officials in executing various documents and certfficatlons w~th regard to smd grant application are hereby approved and ratified SECTION 3 That the City Council has found and determined that the meeting at which this ordinance ~s considered ~s open to the public and that notice thereof was g~ven m accordance with the pmvmons of the Texas open meetings law, TEX GOV'T CODE ch 551, as amended, and that a quorum of the City Cotmcll was present SECTION 4 That this ordinance shall become effective xmme&ately upon ~ts passage and approval PASSED AND APPROVED thls the F~~--'-d dayof ~~ ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY F \SHARED~DEPTxLOL\Our Docum~nts\Ordmances\Ol~Pre School hbrary grant doc TEXAS STATE LIBRARY & ARCHIVES COMMISSION SPECIAL PROJECTS GRANT Grant # 478-02027 II III CONTRACTING PARTIES Grantor Texas State Library and Archives Commission (TSLAC) Grantee City of Denton, Denton Public Library 502 Oakland Street Denton, Texas 76201 TERM OF GRANT September 1, 2001 to August 31, 2002 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 materials contracted for are not required by Section 21 of Artmle 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 § 441 006, 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 Fmcal Year 2001 Carryover TSLAC's accounting coding Index Code 34782, ObJect Code 7611 Page 1 of 7 F~scal Year 2002 C~ty of Denton Special ProJects Grant C Budget Personnel $25,583 Fnnge Benefits 9,451 Travel 173 EqmpmenffProperty 0 Supphes 6,648 Contractual 3,500 Other 2,800 Total Direct Costs Indirect Costs Total $48,155 0 $48,155 V WRITTEN PRIOR APPROVALS FOR FISCAL AND PROGRAMMATIC CHANGES A The Grantor must g~ve written prior approval for any of the following fiscal changes 1 Making cumulative transfers among budget cost categories or projects whmh are expected to exceed ten (10) percent of the total grant 2 Transfemng any funds rote a budget cost category that equals zero ($0) Written prior approval xs to be requested on the Prior Approval Request form and shall be requested when neanng the 10°A hnnt or the end of the grant term Thru prows~on 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 th~s date will be considered on a case-by.case bas~s. B The Grantor must g~ve written prior approval for any of the follow~ng programmatm changes to the application (Special ProJects Grants for State Fmcal Year 2002) 1 Changing key persons spemfied m the grant, however, none of the personnel are considered key personnel for the purpose of thru section 2 Obtmmng the servmes of a tturd party to perform act~wt~es that are central to the purposes of the grant 3 Changing the scope or obJect,yes (regardless of whether there ~s an assocmted budget rews~on) A change ~n scope ~s a substantive d~fference ~n the approach or method used to reach program objectives All prior Written pnor approval ~s to be requested on the Prior Approval Request form approvals must be received by Grantor on or before August 1, 2002 C The Grantor hereby g~ves approval for the ~tems specffied under the cost categories outhned below Before the Grantee obhgates or expends grant funds for additional ~tems ~n the following cost categories, the Grantor must g~ve written prior approval Written prior approval m to be requested on the Prior Approval Request form Written prior approval Is also reqmred ~fan ~tem's cost or features are substantmlly d~fferent from what the grant specffies, or from a previous Prior Approval Request All prior approvals must be rece;ved by Grantor on or before August 1, 2002 Page 2 of 7 Fiscal Year 2002 C~ty of Denton Speeml Projects Gxant COST CATEGORIES 2 None Insurance (if not required by the grant) None Rearrangements and Alterations of Facllmes None 4 Eqmpment/Proper~y 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 acqmsitlon in the grantee Each piece of equipment/property IS an article of nonexpendable, tangible personal property having a useful llfe of more than one year and an acquisition cost that exceeds the capitahzatlon amount established by Grantee's governing entity Grantee must furnish a statement to Grantor certifying the governing entlty'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 eqmpment/property means the net invoice price of the equlpmenffproperty, including the cost of any modffieatlons, attachments~ 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 m accordance with the Grantee's regular accounting practices VI STATEMENT OF SERVICES TO BE PERFORMED VII A B C The Grantee will comply dunng the period of this contract and provide services, outlined within the grant application (Special Projects Grants for SFY 2002) as approved by the Grantor TERMS AND CONDITIONS The Grantee will comply with the Special ProJects Grants Program Guidelines for SFY 2002 The Grantee will comply with the Rules for Admlmstenng the Library Systems Act Note that Rule 1 97 (a) will not be applicable dunng the term of this grant The Grantee will comply with the following two parts of the Governor's Office of Budget and Planning Umform Grant Management Standards (UGMS), revised January 2001, located at http //www governor state tx us/the_office/gts_tracs/Grants/gutdehnes htm Page 3 of 7 Fiscal Year 2002 City of Denton Special ProJects Grant 1 Cost Pnnc~ples for State and Local Governments and Other Affected Entities (adapted from OMB Circular A-87) 2 State Uniform Administrative Requirement for Grants and Cooperative Agreements (adapted from OMB Circular A-102) For grants funded with state funds, the Grantee w~ll comply with the third part of UGMS, the State of Texas Single Audit Clmular For grants funded with federal funds, the Grantee wall comply with the Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Governments, and Non-Profit Orgamzat~ons (rewsed 6/97), located at http//www whltehouse gev~OMB~circulars D The Grantee will comply with the Institute of Museum and L~brary Services' 45 Code of Federal Regulations, Part 1183, Uniform Administrative Reqmrements 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 notffieatlon, 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,raceme 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 hmlted to press releases, media events, public events, displays in the library, announcements on the library's webslte, and materials dlstnbuted through the grant project The Grantee certifies by this contract that it will comply w~th 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 g~ve, 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 m 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 Danton Special Projects Grant K L M N The Grantee agrees to provide the Grantor w~th one (1) set of any public relations materials produced under this grant The Grantee agrees to maintain records on all eqmpment/property with an acqms~tion cost that exceeds capltahzatlon levels of governing entity The Grantee will reconcile the equipment/property records with a physical inventory of the eqmpment/property every two years The UGMS Subpart C, Sec 32, (d) (3) requires certain ~tems of eqmpment (stereo systems, still and video cameras, facsimile machines, VCRs and VCR/TV comb~nations, and cellular and portable telephones) to be maintained on inventory fftheir cost is above $500, or if they could be easily lost or stolen Subject to the obhgataons and cond~tmns set forth tn the UGMS Section III, Subpart C, Sec 32 (a), title to equipment acquired under a grant will vest upon acqmsmon m the Grantee When 15roperty ~s vested tn the Grantee, the Grantee will d~spose of eqmpment/property in accordance with the UGMS Subpart C, Sec 32, (e) When the Grantee has been g~ven federal or state eqmpment/property, the UGMS Subpart C, Sec 32, (f) will be followed The Grantee agrees to submit the Equipment/Property Acquired form by October 31, 2002 for all eqmpmant/property purchased dunng that grant year This list must balance with the equipment/property purchased w~th prior approval amounts The State Legislature has charged the Grantor w~th 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, andltable, and consmtent w~th defimtmns 1 The Grantee agrees to submit the Umform Statistmal Reporting Form for Specml Projects Grants and Explanatmn of Variance according to the following schedule ~eportmg Period September 1, 2001 - November 30, 2001 December 1, 2001 - February 28, 2002 March 1, 2002 - May 31, 2002 June 1, 2002- August 31, 2002 December 6, 2001 March 6, 2002 June 6, 2002 September 6, 2002 If hbrary materials ordered w~th grant funds are received after the end of the grant year, a final Umform Statimcal Report may also be reqmred covenng receipt of those materials This final Uniform Statistical Report will be due on or before November 15, 2002 The Grantee will submit Evaluation Reports to the Grantor according to the follow~ng schedule September 1, 2001 - February 28, 2002 March 1, 2002 - August 31, 2002 March 29, 2002 September 27, 2002 Page 5 of 7 F~scal Year 2002 City of Denton Special Projects Grant The Grantee agrees to submit the quarterly F~nancml Status Report for tfus contract accor&ng to the following schedule September 1, 2001 - November 30, 2001 December 1, 2001- February 28, 2002 March 1, 2002 - May 31, 2002 June 1, 2002 - August 31, 2002 Due Date December 28, 2001 March 29, 2002 June 28, 2002 September 27, 2002 A final Financial Status Report ns due on or before November 15, 2002 P The Grantee ns restricted to one of two methods for requesting funds from the Grantor The Grantee may request an advance payment for estimated expendttures to be recurred for the upcoming 30 days, or request a reimbursement of the actual expen&tures for the Grantee's normal bdhng cycle The Grantee will request payment on the OMB Standard Form 270, Request for Advance or Reimbursement, using box 12 rather than box 11 ~frequest~ng funds in advance Requests may be made monthly, quarterly or any other t~me period, but not more than once a month To request funds, Form 270 ~s 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 recetves the funds from the federal government If requesting an advance, the Grantee must follow procedures that minimize the txme elapsing between the receipt and the &sbursement of advanced grant funds Requests for Advance funds will be d~sbursed by the first working day &the advance period on the request VIII CONTACTS AT TSLAC Questions or concerns about programmatm ~ssues and Prior Approval Request should be &retted to th~s grant's Project Manager Kathleen Walls Grants Coordinator Phone 512-463-5532 Fax 512-463-8800 E-marl 19,valls~tsl.state.tx.us Questions or concerns about regulatory or financml ~ssues should be &rected to Manager of Accountmg and Grants Department Phone 512-463-6626 E-marl c~maackf_a.)._.tsl.state.tx.us Page 6 of 7 F~scal Year 2002 C~ty of Denton Special ProJects Grant IX. A Fax reports to Grants Accountant Phone 512-463-5472 Fax 512-463-3560 E-mad mary lu~tslst~etxus Payments to the Grantor, such as those for excess advanced funds or for ~nterest earned each quarter on advanced funds, should be mailed w~th an explanation of the purpose of the payment and the grant number to Grants Accountant Texas State L~brary and Arcluves Comm~sslon PO Box 12516 Austin, TX 78711-2516 APPLICABLE AND GOVERNING LAW TI'ns grant shall be governed by the laws of the State of Texas All duties of either party shall be legally performable m Texas The apphcable law for any legal chsputes ansmg out ofttns 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 dtsputes shall be Traws County, Dlsmct Court B Tins grant ~s subject to avaflabfllty of funds X. SIGNATURES GRANTOR GRANTEE Texas State Library and Archives Commission Edward Seld~nberg, AssmtantkState Lzbranan ,(0 ' t'; ,' el C~Paa Alvarez-Macl~ ' Manager of Accounting and Grants K)- 15-ol Date City of Denton, Denton Pubhe Library tS~ egnr :~mrr ~t ~oMcU:nt ~b~tt sa~ al empowered Nlchael A. gonduff Typewritten or Pnnted Name Clty Nana_eer Title Date Page 7 of 7 Fiscal Year 2002 C~ty of Denton Special Projects Grant ~PROVED AS TO FORM CITY ATTORNEY ?ITY OF DENICt, rEXAS CERTIFICATION REGARDING LOBBYING f~ CONTRACTS, GRANTS,/LOANS, ANDCOOPERRTIVE AGREEMENTS (Required for~grents ex~eeding $100,000) The undersigned certifies, to the best of h~s or her knowledge and behef, that 1 No Federal approprmted funds have been prod or wall be prod, by or on behalf of the undersigned, to any person for ~nfluenc~ng 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 m connectmn w~th the making of any Federal grant, the entering ~nto of any cooperative agreement, and the extension, cont~nuataon, renewal, amendment, or modification of any Federal grant or cooperative agreement 2 If any funds other than Federal appropriated funds have been prod or wall be pard to any person for ~nfluenc~ng 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 ~n connection w~th th~s Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, 'D~sclosure Form to Report Lobbying,' ~n accordance wtth ~ts instructions 3 The undersigned shall reqmre that the language of th~s certfficat~on be ~ncluded ~n the award documents for all subawards at all t~ers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subremp~ents shall cemfy and d~sclose accordingly Th~s certification ~s a material representation of fact upon which reliance was placed by the Texas State Library when th~s transaction was made or entered Into Subnuss~on of th~s certification ~s a prereqmslte for malcmg or entenng ~nto th~s transaction imposed by Section 1352, T~tle 31, U S Code Any person who fmls to file the reqmred cemficatlon shall be subject to a mvd penalty of not less than $10,000 and not more than $100,000 for each such fmlure 0enton Pubhc Library Orgamzatton Name [looks-to-Share ProJect M~chael A. Conduff~ C~ty Manager zed Representattve Date 1~/9 9\Orams~Forms\Cem ficauon Regarding Lobbing doc OMB Approval No 0348-0040 ASSURANCES - NON-CONSTRUCTION PROGRAMS Public reporbng burdenlfor this collection of information is estimated to average 15 minutes per response, ~ncludmg t~me for rewew~n~ instructions, searching existing data sources, gathering and mainta~mng the data needed, and completing and rewew~ng the collection information Send comn~ents regarding the burden estimate or any other aspect of th~s collection of mformat~on, including suggestions fo~ reducing th~s burden, to the Office of Management and Budget, Paperwork Reducbon Project (0348 0040), Washington, DC 20503 PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET SEND 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 agencms may require apphcants to certify to additional assurances If such is the case, you w~ll be notd~ed As the duly authorized representative of the apphcant, I certify that the apphcant Has the legal authority to apply for Federal assistance and the ~nstftubonal, managenal and flnanmal capab~hty (mcludrng funds sufficient to pay the non-Federal share of project cost) to ensure proper planmng, management and completion of the project descnbed in thru apphcat~on Will give the awarding agency, the Comptroller General of the Umted 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 w~ll estabhsh a proper accounting system m accordance with generally accepted accounting standards or agency d~rectives W~II estabhsh safeguards to proh~b;t employees from using their positions for a purpose that constitutes or presents the appearance of personal or organ~zahonal confhct of interest, or personal gain 4 5 W~ll ~n~bate and complete the work w~th~n the apphcable t~me frame after receipt of approval of the awarding agency Will comply w~th 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 specdled in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C F R 900, Subpart F) 7 W~II comply with all Federal statutes relating to nondiscrimination These include but are not limited to (a) T~tle VI of the C~wl Rights Act of 1964 (P L 88-352) which prohibits d~scr~minatlon on the basra of race, color or national ongm, (b) T~tle IX of the Education Amendments of 1972, as amended (20 U S C §{}1681- 1683, and 1685-1686), which prohibits d~scrimlnat~on on the bas~s of sex, (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U S C {}794), which prohibits dlscnmlnat~on on the basis of handicaps, (d) the Age D~scr~mmatlon Act of 1975, as amended (42 U SC {}{}6101 6107), whmh prohibits discrimination on the bas~s 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 Rehab~htabon Act of 1970 (P L 91-616), as amended, relating to nondlscr~mmahon on the bas~s of alcohol abuse or alcoholism, (g) §{}523 and 527 of the Pubhc Health Service Act of 1912 (42 U S C {}{}290 dd 3 and 290 ee 3), as amended, relating to conf~dent~ahty of alcohol and drug abuse patmnt records, (h) Title VIII of the C~vll Rights Act of 1968 (42 U S C {}{}3601 et seq ), as amended, relating to nondmcrim~nat~on In the sale, rental or hnanclng of housing, (i) any other nondiscrimination prowslons In the spemflc statute(s) under whmh application for Federal assistance is being made, and, (J) the reqmraments of any other nond~scnmlnat~on statute(s) which may apply to the application W~ll comply, or has already complied, with the requirements of Titles II and Ill of the Un~form Relocatmn Assistance and Real Property Acqu~s~bon Pohcms Act of 1970 (P L 91-646) which prowde for lair and equitable treatment of persons d~splaced or whose property ~s acquired as a result of Federal or federally-assisted programs These requirements apply to all ~nterests ~n real property acqulrad for project purposes regardless of Federal participation in purchases Will comply, as applicable, with prows~ons of the Hatch Act (5 USC {}{}1501 1508 and 73247328) whmh hm~t the political actlwt~es of employees whose pnnc~pal employment act~wties are funded m whole or ~n part with Federal funds Prevloua Edition Usable Standard Form 424B (Rev 7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 9 10 11 Wdl comply, as applicable, with the prows~ons 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-aamsted construction subagreements Wdl comply, ~f applicable, w~th flood ~nsurance pumhase requirements of Sectmn 102(a) of the Flood Disaster Protection Act of 1973 (PL. 93-234) which requires rec~pmnts m e special flood hazard area to parhc~pate in the program and to pumhase flood insurance ~f the total cost of insurable constructton and acquisition ~s $10,000 or more W~ll comply w~th enwrenmental standards which may be prescnbed pursuant to the following (a) institution of enwronmental quahty control measures under the National Enwronmental Pohcy Act of 1969 (PL 91-190) and Execubve Order (ED) 11514, (b) not~ficatmn cf wolat~ng fac~ht~es pursuant to ED 11738, (c) protection of wetlands pursuant to ED 11990, (d) evaluation of flood hazards m floodplains ~n accordance with ED 11988, (e) assurance of project consmtency w~th 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 A~r) Implementation Plans under Section 176(c) of the Clean A~r Act of 1955, as amended (42 U S C §§7401 et seq ), (g) protection of underground sources of dnnkmg water under the Safe Dnnk~ng Water Act of 1974, as amended (P L 93-523), and, (h) protectmn of endangered species under the Endangered Species Act of 1973, as amended (P L 93- 205) 12 Will comply with the W~id and Scenic R~vers ACt of 1968 (16 U S C §§1271 et seq) related to protecting components or potential components of the national w~ld and scenic nvers system 13 Will assist the awarding agency in assunng comphance wtth Sechon 106 of the National H~stonc Preservation Act of 1966, as amended (16 USC §470), ED 11593 (Identification and protection of hlstonc properties), and the Amhaeolog~cal and H~stonc Preservation Act of 1974 (16 U S C §§469a-1 et seq ) 14 W~II comply w~th P L 93 348 regarding the protection of human subjects ~nvolved m research, development, and related actlwt~es supported by th~s award of assistance 15 Wdl comply w~th the Laboratory Animal Welfare Act of 1966 (P L 89-544, as amended, 7 U S C §§2131 et seq ) pertaining to the care, handhng, and treatment of warm blooded animals held for research, teaching, or other act~wt~es supported by th~s award of assistance 16 Wdl comply w~th the Lead Based Pmnt Poisoning Prevention Act (42 U SC §§4801 et seq) which prohibits the use of read-based paint m constructmn or rehab~htatmn of residence structures 17 W~II cause to be performed the required financial and comphance audits m accordance with the Single Audit Act Amendments of 1996 and OMB C~rsular No A-133, "Audtts of States, Local Governments, and Non Profit O~anlzat[ons" 18 Wdl comply w~th all apphcable requirements of all other Federal laws, executive orders, regulations, and pohcles governing th~s program IGNATURE OF AUTHORIZED CERTIFYING OFFICIAL Denton PubHc Library' ITITLE City Manaqer DATE SUBMI1-FED 001 DEBARMENT, SUS LOWER'I;I! IESARDING VOLUNTAR ;ExGLuSION IONS Thts certification Is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 34 CFR Part 85, Section 85 510. Participant's responsibfl~tles The regulations were pubhshed as Part VII of the May 26, 1988 ~ (pages 19160-12911) Copies of the regulations may be obtained by contacting the person to which this proposal is submitted (1) (2) (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) 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 Where the prospective lower tier partmlpant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal Denton Public L~brar.y Applicant bhchael A. Conduff~ C~ty Nanaqer Name and Tttle of Authorized Certtfytng Official - Stgnature ~_~ / Date Instructions for Certlhcatmn 3 4 6 8 By signing and subn'uttlng this proposal, the prospective lower tier participant is providing the certification set out below The certlhcatlon in this clause is a material representation of fact upon which reliance was placed when this transaction was entered mto If it is later deternuned 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 The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submatted, if at any time, the prospective lower tier participant learns that its certlhCatlon was erroneous when subrmtted or has become erroneous by reason of changed circumstances The terms "covered transaction," "debarred," "suspended," "mehg~ble," "lower tier covered transaction," "participant" "person," "primary covered transaction," "pnnclpal," "proposal," and "voluntarily excluded," as used in this elanse, 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 subn~tted for assistance in obtaining a copy of those regulations The prospective lower tier participant agrees by subnuttmg 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 mehg~ble, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transacUon originated The prospective lower tier participant further agrees by subrmttmg this proposal that it will include the clause title "Certification Regarding Debarment, Suspension, Inellglbihty, and Voluntary Exclusion--Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all sohcltations for lower tier covered transactions A participant m 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 deterrmnes the eligibility of its pnnclpals Each participant may, but is not required to, check the Nonprocurement List Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good fatth 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 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