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HomeMy WebLinkAbout2013-015 Library - State Library of NC for LSTA Grant award to work on the Strategic Planning Grant $15,010 GRANT AGREEMENT LSTA EZ PLANNING GRANT This is an agreement by and between Orange County Public Library, hereinafter referred to as"the Library," and the State Library of North Carolina,Department of Cultural Resources,hereinafter referred to as the"State Library." The State Library has agreed to fund this grant with federal Library Services and Technology Act(LSTA) funds in the amount of$15,010 to be disbursed through North Carolina Accounting System accounting fund 46011495410145. The Catalog of Federal Domestic Assistance(CFDA)number for this grant is 45.310. This agreement is in effect upon signing by all parties,but no earlier than January 2,2013,and will terminate on June 30, 2013,unless amended by mutual consent. Institution and/or Library Name: Orange County Public Library Mailing Address: City,State,ZIP: 4t I is b6 ro v-q k, /V C, o2'Z A 7$' Contact person name/title: 1>'re_e—T O 12. Contact person telephone: Contact person email: 1rnumQeX- ©rowl!Ll C-puk'Kf,J ne, q 0✓ DUNS Number: Federal Employer Identification Number: t p o o 3.2- Library fiscal year ending date: O to IN CONSIDERATION OF RECEIVING THE ABOVE REFERENCED GRANT FUNDING, THE LIBRARY HEREBY AGREES TO: 1. Accept and administer an LSTA grant from the State Library in the amount of$15,010 for costs associated with the project represented in the Library's application,grant award letter, and any amendments thereto. 2. Abide by all Grant Provisions as certified in the grant application, including any certifications submitted with this grant agreement(Certification Regarding Debarment and Suspension;Lobbying; Federal Debt Status;Nondiscrimination). 3. Regularly inform the State Library on the progress of the project. 4. Encumber and expend project(grant and matching)funds • only upon or after the effective date of this grant agreement and before its termination. • in accordance with the project budget as submitted with the project application, or as modified in the grant award letter,or as amended and approved by the State Library; and • in accordance with all applicable local,state and federal laws and regulations. 5. Expend project funds in a manner that ensures free and open competition. 2012-2013 LSTA EZ Planning Grant Agreement page 1 of 5 6. Submit grant reimbursement requests with appropriate documentation of eligible project expenditures, at least quarterly,on or before April 15 and July 15. 7. On or before April 15,2013,request a minimum of fifty percent(50%)of the grant amount and provide an estimate of remaining grant expenses to be reimbursed after June 30. 8. Complete all project expenditures by June 30,2013,or by the termination date of this agreement as amended by mutual consent. 9. On or before July 15,2013,submit a final request for reimbursement. 10. If eligible,the Library and all subgrantees shall: (a)ask the North Carolina Department of Revenue for a refund of all sales and use taxes paid by them in the performance of this Contract,pursuant to N.C.G.S. 105-164.14;and(b)exclude all refundable sales and use taxes from all reportable expenditures before the expenses are entered in their reimbursement reports. 11. Label all equipment with a cost of$1,000 or more as purchased with LSTA funds and list this equipment on the Annual Equipment Tracking Survey as requested by the State Library for five years following purchase. Items costing$5,000 or more shall be listed until no longer needed for the project or at the end of useful life. If fair market value at the time of surplus or disposal exceeds $5,000, disposal will be cleared with the State Library. 12. Request prior written approval from the State Library for any equipment with a unit price above $5,000. 13. Acknowledge the Institute of Museum and Library Services in all related publications and activities in conjunction with the use of the grant funds,with a credit acknowledgement as follows: "This publication/activity/program/etc was supported by grant funds from the Institute of Museum and Library Services under the provisions of the federal Library Services and Technology Act as administered by the State Library of North Carolina, a division of the Department of Cultural Resources." Submit a copy of any publications or materials produced under the grant to the State Library. 14. Provide library services resulting from the grant to all members of the community served,in compliance with all Federal statutes relating to non-discrimination on the basis of race, color,national origin,sex,handicap, or age. 15. Request prior written approval from the State Library for any subcontracting or assignment to any subgrantee or assignee. Neither the Library nor any subgrantee or assignee is relieved of the duties and responsibilities of this agreement. Subgrantees and assignees agree to abide by the terms of this agreement and must provide all information necessary for the Library to comply with the terms of this agreement. 16. Revert any unexpended funds to the State Library upon termination of this agreement. 17. Submit a final report to the State Library by September 30,2013,providing a summary of project expenditures and appropriate narrative and evaluative elements,assessing the extent of performance goals achieved. 18. Certify upon completion of the grant that grant funds were received,used,and expended for the purposes for which they were granted. 19. Maintain adequate financial records to ensure complete reporting,and retain programmatic,financial, and audit records relating to the grant for a minimum of five years from the due date of the final grant 2012-2013 LSTA EZ Planning Grant Agreement page 2 of 5 report or until all audit exceptions have been resolved,whichever is longer. Provide access upon request to the Department of Cultural Resources,Office of the State Auditor, Institute of Museum and Library Services and the Comptroller General or their designees,to all records and documents related to the award, including audit work papers in possession of any auditor of the Library. 20. Ensure that grant funds are audited in compliance with state and federal audit requirements for local governments and public authorities,institutions of higher education, and non-profit organizations, and, as applicable, according to the standards of the federal Single Audit Act of 1984 as amended 1996 and 2003,and Circular A-133 "Audits of States,Local Governments, and Non-Profit Organizations"as supplied by the Executive Office of the President,Office of Management and Budget,Washington,DC. 21. Comply with the requirements of North Carolina General Statute 143C-6-23: "State grant funds: administration;oversight and reporting requirements"and the corresponding rules of North Carolina Administrative Code,Title 9, Subchapter 03M,"Uniform Administration of State Grants,"including submission of required financial reports within six months(or nine months for$500,000 threshold) of the end of the Library's fiscal year(s)in which grant funds are received. 22. File with the State Library a copy of the Library's policy addressing conflicts of interest that may arise involving the Library's management employees and members of its board of directors, commissions,or other governing body.The policy shall address situations in which any of these individuals may directly or indirectly benefit,except as the Library's employees or members of its board,commissions,or other governing body, from the Library's disbursing of grant funds and local matching funds and shall include actions to be taken by the Library or the individual,or both,to avoid conflicts of interest and the appearance of impropriety. (N.C.G.S. 143C-6-23(b)).The policy shall be filed before the State Library may disburse the grant funds,unless the Library is covered by the provisions of N.C.G.S. 160A-479.11 and 14-234. 23.File with the State Library the Library's sworn written statement completed by the Library's board of directors or other governing body stating that,pursuant to N.C.G.S. 143C-6-23(c),the Library does not have any overdue tax debts,as defined by N.C.G.S. 105-243.1,at the federal,State,or local level. The policy shall be filed before the State Library may disburse the grant funds,unless the Library is covered by the provisions of G.S. 160A-479.11 and 14-234. THE STATE LIBRARY AGREES TO: 1. Award LSTA grant funds to the Library in the amount and under the terms and conditions stated above, subject to the availability of funds. 2. Pay LSTA grant funds upon receipt of approvable reimbursement requests submitted quarterly by the Library. Pay by June 30,2013,all approved requests received on or before April 15,2013, and by August 31,2013,all approved requests received by July 15,2013. 3. Assist the Library as appropriate and necessary with the implementation of this project.Provide monitoring and oversight through a combination of periodic emails,calls,visits,and review of reimbursement requests and reports. 4. Report on this project to the federal funding agency,the Institute of Museum and Library Services, and to the North Carolina Office of the State Auditor and the Office of State Budget and Management in accordance with all applicable federal and state requirements. 2012-2013 LSTA EZ Planning Grant Agreement page 3 of 5 THIS AGREEMENT may be amended,if necessary,upon the mutual acceptance of a written amendment to this agreement signed and dated by the Library and the State Library. Such amendment(s) shall state any and/or all change(s)to be made. This agreement may be terminated by mutual consent with 60 days' prior written notice or as otherwise provided by law. The LSTA Grant application included the required CIPA certification form;the library is CIPA compliant. Returning signed agreements constitutes accepting the grant award;awards not accepted by January 15, 2013 may be withdrawn. [Please si in blue ink.] x Date ��"10 oCQI Z. Signa re,Library Director (Pri ed Name) x Date Signature,Local Gove' nt or Insti. ional R res mta,lve (Printed Name/Title) x Date Signature,Cal Shepard, State Librarian Mail this form with original signatures in blue ink to: LSTA Grant Agreements;_Library Development Section,State Library of North Carolina; 4640 Mail Service Center;Raleigh,NC 27699-4640. 2012-2013 LSTA EZ Planning Grant Agreement page 4 of 5 The following state and federal provisions apply to the LSTA requirements:"This publication/activity/program was supported by grant program. Libraries awarded grants must agree to comply grant funds from the Institute of Museum and Library Services with these provisions. under the provisions of the federal Library Services and Technology Act as administered by the State Library of North Carolina, a 1. Grant Agreement and Timing of Expenditures division of the Department of Cultural Resources." Copies of any Official notification of the grant award must be received from the publications or materials produced under the grant must be State Library and a grant agreement(formal agreement between submitted to the State Library. IMLS logos are available at the grantee and the State Library)signed by both the http://www.imls.gov/recipients/imis acknowledgement aspx representatives of the library and the State Librarian before any funds may be encumbered or expended for the project. 10. Lobbying Grantees are prohibited by federal law from using grant funds to 2. Allowable and Unallowable Costs pay costs associated with lobbying Congress or the public for Grantees must carry out the grant project according to the purposes of influencing elections, legislation, or the award of any approved grant proposal, and all federal funds must be federal funds. Grantees receiving an award of over$100,000 must expended solely for the purpose for which a grant was awarded. file a certification regarding lobbying. The following costs are unallowable and may not be proposed as grant project costs: bad debts,contingencies, 11. Non-discrimination contributions and donations, entertainment,fines and penalties, All library services provided as a result of the federal grant funds under recovery of costs under grant agreements(excess costs must be available without discrimination to all members of the from one grant agreement are not chargeable to another grant community served. Participation may not be denied on the basis of agreement). race,color, national origin,handicap,age,or sex. Relevant legislation includes but is not limited to the following: 3. Legal and Regulatory Compliance Title VI of the Civil Rights Act of 1964, as amended(42 U.S.C. § Grantees must expend grant funds in accordance with all 2000 et seq.); Section 504 of the Rehabilitation Act of 1973, as applicable local, state, and federal laws and regulations. amended(29 U.S.C.§§701 et seq.);Title IX of the Education Amendments of 1972,as amended(20 U.S.C. §§1681-83, and 4. Budget Revisions and Programmatic Changes 1685-86);the Age Discrimination in Employment Act of 1975, as Grantees must not deviate from the approved budget and plan amended(42 U.S.C. §§6101 et seq.). for carrying out the grant project as contained in the approved 12. Audit and Financial Reporting Requirements grant application unless prior approval is obtained from the State LSTA grants must be audited in compliance with federal and state Library. audit requirements for local governments and public authorities, 5. Records Retention institutions of higher education,and non-profit organizations. The Grantees must maintain adequate records to ensure complete following source documents outline the standards and reporting, and retain programmatic and financial records relating requirements: to the grant for a minimum of three years from the due date of United States Office of Management and Budget: (OMB) the final grant report at the end of the Five Year Plan, or until all Circular A-133-Audits of States, Local Governments, and audit exceptions have been resolved,whichever is longer. Non-Profit Organizations. • North Carolina General Statute 143C-6-23"State grant funds: 6. Free and Open Competition administration;oversight and reporting requirements,"and the Purchases made from grant funds must be carried out to ensure corresponding rules of North Carolina Administrative Code, free and open competition to the extent possible. Libraries Title 09,Chapter 03M, "Uniform Administration of State eligible to purchase under state contract may use this option for Grants." grant purchases. LEGAL REFERENCES: 7. Debarment&Suspension 0 2 CFR 220-Cost Principles for Educational Institutions Transactions for the purposes of this grant will not knowingly be (formerly OMB Circular A-21) made with parties who have been debarred or suspended from 0 2 CFR 225-Cost Principles for State, Local, and Indian Tribal receiving Federal financial assistance under Federal programs Governments(formerly OMB Circular A-87) and activities(Debarment and Suspension Certification). See 0 2 CFR 230-Cost Principles for Non-Profit Organizations Excluded Parties List System at https://www.epls.gov. (formerly OMB Circular A-122) • 45 CFR 1110-Nondiscrimination in Federally Assisted 8. Equipment Purchases and Inventory Programs Equipment with a unit price above$5,000 requires advance 0 45 CFR 1170-Nondiscrimination on the Basis of Handicap in written approval. Federally Assisted Programs and Activities Equipment with a unit price above$1,000 purchased with 0 45 CFR 1183-Uniform Administrative Requirements for grant funds must be labeled as purchased with LSTA funds and Grants and Cooperative Agreements to State and Local listed on biennial inventory reports requested by the State Governments Library. If fair market value at the time of surplus or disposal 0 45 CFR 1185-Governmentwide Debarment and Suspension exceeds$5,000, disposal must be cleared with the State Library. (Nonprocurement)and Governmentwide Requirements for Drug-Free Workplace(Grants) 9. Publicizing&Acknowledging Funds OMB Circular A-102—Grants and Cooperative Agreements Grantees are required to credit IMLS/LSTA in all related with State and Local Governments publications and activities in conjunction with use of the grant OMB Circular A-110—Uniform Administrative Requirements funds. Grantees should publicize grant-supported activities in for Grants and Agreements with Institutions of Higher available and appropriate media. The following Education, Hospitals, and Other Non-Profit Organizations acknowledgement statement must be used when meeting these 2012-2013 LSTA EZ Planning Grant Agreement page 5 of 5 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION;LOBBYING; FEDERAL DEBT STATUS; AND NONDISCRIMINATION 1.DEBARMENT AND SUSPENSION The grantee shall comply with 2 CFR Part 3185.The undersigned,on behalf of the grantee,certifies to the best of his or her knowledge and belief that neither the grantee 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 section 180.800(a)or had a civil judgment rendered against you 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 section 180.800(x); or (d)Have had one or more public transactions(Federal,State,or local)terminated within the preceding three years for cause or default. Where the grantee is unable to certify to any of the statements in this certification,he or she shall attach an explanation to this submission. The grantee is required to communicate the requirement to comply with 2 CFR Part 180 Subpart C (Responsibilities of Participants.Regarding Transactions Doing Business With Other Persons)to persons at the next lower tier with whom the grantee enters into covered transactions. 2.LOBBYING As required by Section 1352,Title 31 of the United States Code,and implemented for persons entering into a grant or cooperative agreement over$100,000,the grantee certifies to the best of his or her knowledge and belief that: (a)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 awarding of a Federal contract,the making of a Federal grant,the making of a Federal loan,the entering into of a cooperative agreement,or the extension,continuation,renewal, amendment,or modification of a Federal contract,grant,loan,or cooperative agreement. (b)If any funds other than appropriated Federal funds have been paid or will be paid to any person (other than a regularly employed officer or employee of the grantee)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 contract,grant, loan,or cooperative agreement,the undersigned shall request,complete,and submit Standard Form LLL,"Disclosure of Lobbying Activities,"in accordance with its instructions. (c)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. page 1 of 2 3.FEDERAL DEBT STATUS The undersigned,on behalf of the grantee,certifies to the best of his or her knowledge and belief that the grantee is not delinquent in the repayment of any Federal debt. 4.NONDISCRIMINATION As required by the Civil Rights Act of 1964,the Rehabilitation Act of 1973,the Education Amendments of 1972,and the Age Discrimination in Employment Act of.1975,as implemented at 45 C.F.R.Part 1180.44,the undersigned,on behalf of the grantee,certifies that the grantee will comply with the following nondiscrimination statutes and their implementing regulations: (a)Title VI of the Civil Rights Act of 1964,as amended(42 U.S.C. §2000 et seq.),which provides that no person in the United States shall,on the grounds of race,color,or national origin,be excluded from participation in,be denied the benefits of,or otherwise be subject to discrimination under any program or activity receiving Federal financial assistance; (b)Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C. §701 et seq.),which prohibits discrimination on the basis of disability in Federally-assisted programs; (c)Title IX of the Education Amendments of 1972,as amended(20 U.S.C. §§ 1681-83, 1685-86),which prohibits discrimination on the basis of sex in education programs and activities receiving Federal financial assistance; (d)The Age Discrimination in Employment Act of 1975,as amended(42 U.S.C. §6101 et seq.), which prohibits discrimination on the basis of age in Federally-assisted programs; The undersigned further provides assurance that it will include the language of these certifications in all subawards and that all subrecipients shall certify and disclose accordingly. As the duly authorized representative of the grantee,I hereby certify that the grantee will comply with the above certifications. Signature of Authorized Ce ing Official +x&A L L 4tv, m.h t Print Name and Title of Auth rized C rtifying Official Date Certification Regarding Debarment and Suspension;Lobbying;etc. page 2 of 2