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HomeMy WebLinkAbout2014-613 Library - Grant Agreement LSTA 2014-2015 EZ Edge Technology $4,945 Please return this copy to the Clerk to the Board's_ office for permanent agenda file. GRANT AGREEMENT �) j D / LSTA 2014-2015 EZ Edge Technology 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$4,945 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 December 1,2014,and will terminate on June 30,2015,unless amended by mutual consent. Institution and/or Library Name: Orange County Public Library Mailing Address: 137 West Margaret Lane City,State,ZIP: Hillsborough,NC,27278 Project manager name/title: Jason Richmond-Library Associate Project manager telephone: 919-245-2536 Project manager email: jchmond @orangecountync.gov DUNS Number: 091575191 Federal Employer Identification Number: Library fiscal year ending date: June 30 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$4,945 for costs associated with the project represented in the Library's grant application,grant award letter,and any amendments thereto. 2. Abide by all Grant Provisions as certified in this document and the grant application;including any certifications submitted with this grant agreement such as Children's Internet Protection Act(CIPA) Compliance and Certification Regarding Debarment and Suspension;Lobbying;Federal Debt Status; Nondiscrimination. 3. Regularly inform the State Library on the progress of project activities as defined in the grant application. 4. Encumber and expend project funds(grant and matching) • 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. 2014-2015 LSTA Grant Agreement page 1 of 5 5. Expend project funds in a manner that ensures free and open competition. 6. Complete all project expenditures by April 15,2015 or as amended by mutual consent. 7. On or before April 15,2015,submit a single request for reimbursement with appropriate documentation of eligible project expenditures as defined in the grant application. 8. 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. 9. Acknowledge the Institute of Museum and Library Services in all related publications and activities in conjunction with the use of grant funds 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. 10. 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. 11. 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. 12.Only approved,awarded expenditures are allowable;any funds not expended as defined in the grant application will be repurposed by the State Library upon termination of this agreement. 13. Submit a final report to the State Library by September 30,2015,providing a summary of project expenditures,a narrative of project activities,evaluative elements,and an assessment of the goals achieved as defined in the grant application. 14.Certify upon completion of the grant that grant funds were received,used,and expended for the purposes for which they were granted. 15.Maintain adequate financial records to ensure complete reporting,and retain programmatic,financial, and audit records relating to the grant for a minimum of three years from the due date of the final grant report at the end of the Five Year Plan,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. 16.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. 2014-2015 LSTA Grant Agreement page 2 of 5 17. 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. 18.The State Auditor and the using agency's internal auditors shall have access to persons and records as a result of all contracts or grants entered into by State agencies or political subdivisions in accordance with General Statute 147-64.7 and Session Law 2010-194, Section 21 (i.e.,the State Auditors and internal auditors may audit the records of the contractor during and after the term of the contract to verify accounts and data affecting fees or performance). 19.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. 20.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 reimbursement requests for approved,awarded expenditures submitted by the Library.Pay by June 30,2015, all approved requests received on or before April 15, 2015. 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 the North Carolina Office of State Budget and Management in accordance with all applicable federal and state requirements. 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. 2014-2015 LSTA Grant Agreement page 3 of 5 Returning signed agreements signifies accepting the grant award;awards not accepted by January 15,2015 may be withdrawn. [Please si in blue ink.] Date S nature,Library)Director (Printed Name) LO x Date Signature,Local Government or Institu ' nal Representative (Printed Name/Title) fY)eX- k2 r x C-CL C ,-t cc Date I A2 J A S Signature, Cal Shepard, State Librarian Return two complete sets of this agreement 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. 2014-2015 LSTA Grant Agreement page 4 of 5 • GRANT PROVISIONS Technology Act as administered by the State Library of North The following state and federal provisions apply to the LSTA Carolina,a division of the Department of Cultural Resources." grant program. Libraries awarded grants must agree to comply Copies of any publications or materials produced under the grant with these provisions. must be submitted to the State Library. IMLS logos are available at http://www.imis.aov/recipients/imis acknowledaement.asi)x 1. Grant Agreement and Timing of Expenditures Official notification of the grant award must be received from the 10. Lobbying State Library and a grant agreement(formal agreement between Grantees are prohibited by federal law from using grant funds to the grantee and the State Library)signed by both the pay costs associated with lobbying Congress or the public for representatives of the library and the State Librarian before any purposes of influencing elections, legislation,or the award of any funds may be encumbered or expended for the project. federal funds. Grantees receiving an award of over$100,000 must file a certification regarding lobbying. 2. Allowable and Unallowable Costs Grantees must carry out the grant project according to the 11. Non-discrimination approved grant proposal,and all federal funds must be All library services provided as a result of federal grant funds must expended solely for the purpose for which a grant was awarded. be available without discrimination to all members of the community The following costs are unallowable and may not be served. Participation may not be denied on the basis of race,color, proposed as grant project costs: bad debts, contingencies, national origin, handicap,age, or sex. contributions and donations,entertainment,fines and penalties, Relevant legislation includes but is not limited to the following: under recovery of costs under grant agreements(excess costs Title VI of the Civil Rights Act of 1964,as amended(42 U.S.C.§ from one grant agreement are not chargeable to another grant 2000 at seq.); Section 504 of the Rehabilitation Act of 1973, as agreement). amended(29 U.S.C. §§701 at seq.);Title IX of the Education Amendments of 1972,as amended(20 U.S.C.§§1681-83,and 3. Legal and Regulatory Compliance 1685-86);the Age Discrimination in Employment Act of 1975,as Grantees must expend grant funds in accordance with all amended(42 U.S.C.§§6101 et seq.). applicable local,state,and federal laws and regulations. 12. Trafficking in Persons 4. Budget Revisions and Programmatic Changes Grantees must comply with 22 U.S.C.§7104(g)which prohibits Grantees must not deviate from the approved budget and plan engaging in trafficking in persons,procuring a commercial sex act, for carrying out the grant project as contained in the approved or using forced labor. grant application unless prior approval is obtained from the State Library. 13. Audit and Financial Reporting Requirements LSTA grants must be audited in compliance with federal and state 5. Records Retention audit requirements for local governments and public authorities, Grantees must maintain adequate records to ensure complete institutions of higher education, and non-profit organizations. The reporting, and retain programmatic and financial records relating following source documents outline the standards and to the grant for a minimum of three years from the due date of requirements: the final grant report at the end of the Five Year Plan, or until all 0 United States Office of Management and Budget: (OMB) audit exceptions have been resolved,whichever is longer. Circular A-133-Audits of States, Local Governments,and Non-Profit Organizations. 6. Free and Open Competition 0 North Carolina General Statute 143C-6-23"State grant funds: Purchases made from grant funds must be carried out to ensure administration;oversight and reporting requirements,"and the free and open competition to the extent possible. Libraries corresponding rules of North Carolina Administrative Code, eligible to purchase under state contract may use this option for Title 09, Chapter 03M,"Uniform Administration of State grant purchases. Grants." 7. Debarment&Suspension LEGAL REFERENCES: Transactions for the purposes of this grant will not knowingly be . 2 CFR 220-Cost Principles for Educational Institutions made with parties who have been debarred or suspended from (formerly OMB Circular A-21) receiving Federal financial assistance under Federal programs . 2 CFR 225-Cost Principles for State, Local,and Indian Tribal and activities(Debarment and Suspension Certification). See Governments(formerly OMB Circular A-87) Excluded Parties List System at https://www.sam.gov. . 2 CFR 230-Cost Principles for Non-Profit Organizations (formerly OMB Circular A-122) 8. Equipment Purchases and Inventory . 45 CFR 1110-Nondiscrimination in Federally Assisted Equipment with a per unit price above$5,000 requires advance Programs written approval from the State Library. If fair market value at the . 45 CFR 1170-Nondiscrimination on the Basis of Handicap in time of surplus or disposal exceeds$5,000,disposal must be Federally Assisted Programs and Activities cleared with the State Library. 45 CFR 1183-Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local 9. Publicizing&Acknowledging Funds Governments Grantees are required to credit IMLS/LSTA in all related . 45 CFR 1185-Governmentwide Debarment and Suspension publications and activities in conjunction with the use of grant (Nonprocurement)and Governmentwide Requirements for funds. Grantees should publicize grant-supported activities in Drug-Free Workplace(Grants) available and appropriate media. The following OMB Circular A-102—Grants and Cooperative Agreements acknowledgement statement must be used when meeting these with State and Local Governments requirements:"This publication/activity/program was supported OMB Circular A-110—Uniform Administrative Requirements by grant funds from the Institute of Museum and Library Services * for Grants and Agreements with Institutions of Higher under the provisions of the federal Library Services and Education, Hospitals,and Other Non-Profit Organizations 2014-2015 LSTA Grant Agreement page 5 of 5 Orange County Library 137 W. Margaret Lane. tgm%I % %,A LM %at#w %J I Is I I Hillsborough, NC 27278 FINANCIAL SERVICES 17 , F 52 PURCHASING POLICY MANUAL Date last modified 10/7/2013 Orange County Library 137 W. Margaret Lane. Hillsborough, NC 27278 IV. SECTION 4 ETHICS IN PURCHASING A. Discrimination. No person shall, on the grounds of race, color, religion, national origin, handicap or familial status, veteran status or sex be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or acitivity funded in whole or in part with government funds. B. Conflict of Interest. 1. No employee, officer or agent shall influence or attempt to influence the outcome of any contract or matter in which they have a direct interest either personally or in the person of any relative by blood or marriage. Employees, officers or agents so involved shall abstain from dealing with such contracts or matters; they may provide information at the request of the Board of Commissioners but shall not attempt to influence the decision of the Board of Commissioners. 2. No employee, officer or agent of the County shall participate in the selection or award of administration of a contract supported by governmental funds if a conflict of interest, real or apparent would be involved. 3. Such a conflict would arise when: a. The employee, officer or agent; b. Any member of their immediate family (including domestic partner); C. His or her partner; or d. Any organization which employs or is about to employ, any of the above, has a financial or other interest in the firm selected for award. Date last modified 10/7/2013 24 Orange County Library 137 W. Margaret Lane. Hillsborough, NC 27278 No Overdue Tax Debts'Statement Certification Statement We certify that Orange County Public LibrM does not have any overdue tax debts, as defined by N.C.G.S. 105-243.1,at the federal, State, or local level. We further understand that any person who makes a false statement in violation of N.C.G.S. 143C-6-23(c)is punishable as provided by N.C.G.S. 143-34(b). If there are any questions,please contact the state agency that provided your grant. If needed,you may contact the North Carolina Office of State Budget and Management at NCGrants @osbm.nc.gov or 919-807-4795. Certification and Signatures (Please sign below in blue ink.) We confirm that the foregoing certification is true,accurate, and complete to the best of our knowledge. We also acknowledge and understand that any misuse of State funds will be reported to the appropriate authorities for further action. LLk6 d q Printe a of libr dire for Printed name&title of local gove or institutional authorizing official qj Sign re of library director Signature of above official is ate Date State Library of North Carolina 1 G.S.105-243.1 defines:"Overdue tax debt.—Any part of a tax debt that remains unpaid 90 days or more after the notice of final assessment was mailed to the taxpayer.The term does not include a tax debt,however,if the taxpayer entered into an installment agreement for the tax debt under G.S.105-237 within 90 days after the notice of final assessment was mailed and has not failed to make any payments due under the installment agreement." 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.I 80.800(a); or .(d)Have had one or more public transactions(Federal,State,or local)terminated within the precedingthree 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 grantor 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 laiowledge and belief that the grantee is not delinquent in the repayment of any Federal debt. 4.NONDISCRIIVIINATION 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 se4,),which provides that no person in the United States shall,or!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 Certifying Official nn�e a,nnrne_rsk-LA CMAEA M K, Print Name and Title of Authorized Ce Official t � 13 l(-Y Date Certification Regarding Debarment.and Suspension;Lobbying;etc. page 2 of 2