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HomeMy WebLinkAbout2015-247 Library - NC State Library for grant for public technology $17,882 Grant with $4,471 local match • brQ GRANT AGREEMENT LSTA 2015-2016 EZ Literacy& Lifelong Learning 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." 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: Amber Campbell, Head of Youth Services Project manager telephone: 919-245-2531 Project manager email: aaampbell@orangecountync.gov DUNS number: 091575191 Federal Employer Identification Number: Indirect cost rate for this award: $0 Library fiscal year ending date: June 30 Federal Award Identification Information required by 2 CFR 200.331 Federal Award ID number: LS-00-15-0034-15 Federal Award Date: March 20, 2015 Grant Award Period Start and End Date: July 1, 2015-June 30,2016 Amount of Federal Funds Obligated by this Action: $17,882 Federal Award Project Description as required by FFATA: LSTA State Grants Contact information for awarding official: Raye Oldham,Federal Programs Consultant, State Library of North Carolina, 4640 Mail Service Center,Raleigh,NC,27699-4640, 919-807-7423, raye.oldham @ncdcr.gov. CFDA Name/Number: LSTA State Grants/45.310 This award is not R&D. The State Library has agreed to fund this grant with federal Library Services and Technology Act(LSTA) funds to be disbursed through North Carolina Accounting System accounting fund 46011495410145. 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$17,882 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. 2015-2016 LSTA Grant Agreement page 1 of 5 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. 5. Expend project funds in a manner that ensures free and open competition. 6. Submit grant reimbursement requests with appropriate documentation of eligible project expenditures (grant and matching)as defined in the grant application, at least quarterly, on or before October 15, January 15, and April 15. 7. On or before April 15,2016, request a minimum of seventy-five percent(75%)of the award amount and provide documentation for seventy-five percent(75%)of the required match; provide a list of remaining activities with an estimate of remaining grant and matching expenditures as defined in the grant application. 8. Complete all project expenditures(grant and matching)by June 30,2016, or by the termination date of this agreement as amended by mutual consent. 9. On or before July 15,2016,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. Request prior written approval from the State Library for any equipment with a per unit price above $5,000. List this equipment on the State Library Annual Equipment Tracking Survey,provided each January, for the remainder of its useful life. If fair market value at the time of surplus or disposal exceeds$5,000, disposal must be cleared with the State Library. 12. 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. 13. 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. 14. 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. 15. 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. 2015-2016 LSTA Grant Agreement page 2 of 5 16. Submit a final report to the State Library by August 15,2016, providing a description of project expenditures, a narrative of project activities, evaluative elements, and other elements required by the funder. 17. Certify upon completion of the grant that grant funds were received,used, and expended for the purposes for which they were granted. 18. 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. 19. 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. 20. 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. 21. 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). 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. 2015-2016 LSTA Grant Agreement page 3 of 5 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 quarterly by the Library. Pay by June 30,2016, all approved requests received on or before April 15, 2016, and by August 31,2016,all approved requests received by July 15,2016. 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 is in effect upon signing by all parties. It 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. Returnin igned agreements signifies accepting the grant award; awards not accepted by September 30, 2 may be withdrawn. [Please sign in blue ink.] ji nature, Library Di ctor Date l.uAc1nda Printed Name x Signature,Local Government or Institutio Representative Date N to v . E+,-)-Vq "R.t-/S e � � � );;;/ Printed Name Title X Signature, Cal Shepard, State Librarian Date 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. 2015-2016 LSTA Grant Agreement page 4 of 5 GRANT PROVISIONS The following state and federal provisions apply to the LSTA 10. Lobbying grant program. Libraries awarded grants must agree to comply Grantees are prohibited by federal law from using grant funds to with these provisions. pay costs associated with lobbying Congress or the public for purposes of influencing elections, legislation, or the award of any 1. Grant Agreement and Timing of Expenditures federal funds. Grantees receiving an award of over$100,000 must Official notification of the grant award must be received from the file a certification regarding lobbying. State Library and a grant agreement(formal agreement between 11. Non-discrimination the grantee and the State Library)signed by both the All library services provided as a result of federal grant funds must representatives of the library and the State Librarian before any be available without discrimination to all members of the community funds may be encumbered or expended for the project. served. Participation may not be denied on the basis of race, color, 2. Allowable and Unallowable Costs national origin, handicap, age, or sex. Relevant legislation includes Grantees must carry out the grant project according to the but is not limited to the following: Title VI of the Civil Rights Act of approved grant proposal, and all federal funds must be 1964, as amended(42 U.S.C. §2000 et seq.); Section 504 of the expended solely for the purpose for which a grant was awarded. Rehabilitation Act of 1973, as amended (29 U.S.C. §§701 et seq.); The following costs are unallowable and may not be Title IX of the Education Amendments of 1972, as amended(20 proposed as grant project costs: bad debts, contingencies, U.S.C. §§1681-83, and 1685-86); the Age Discrimination in contributions and donations, entertainment,fines and penalties, Employment Act of 1975, as amended(42 U.S.C. §§6101 et seq.). under recovery of costs under grant agreements(excess costs 12. Trafficking in Persons from one grant agreement are not chargeable to another grant Grantees must comply with 22 U.S.C. §7104(g)which prohibits agreement). engaging in trafficking in persons, procuring a commercial sex act, 3. Legal and Regulatory Compliance or using forced labor. Grantees must expend grant funds in accordance with all 13. Audit and Financial Reporting Requirements applicable local, state, and federal laws and regulations. LSTA grants must be audited in compliance with federal and state 4. Budget Revisions and Programmatic Changes audit requirements for local governments and public authorities, Grantees must not deviate from the approved budget and plan institutions of higher education, and non-profit organizations. The for carrying out the grant project as contained in the approved following source documents outline the standards and grant application unless prior approval is obtained from the State requirements: Library. 0 United States Office of Management and Budget: (OMB) 5. Records Retention Circular A-133-Audits of States, Local Governments, and Grantees must maintain adequate records to ensure complete Non-Profit Organizations. reporting, and retain programmatic and financial records relating . North Carolina General Statute 143C-6-23"State grant funds: to the grant for a minimum of three years from the due date of administration; oversight and reporting requirements,"and the the final grant report at the end of the Five Year Plan, or until all corresponding rules of North Carolina Administrative Code, audit exceptions have been resolved,whichever is longer. Title 09, Chapter 03M, "Uniform Administration of State 6. Free and Open Competition Grants." Purchases made from grant funds must be carried out to ensure free and open competition to the extent possible. Libraries LEGAL REFERENCES: eligible to purchase under state contract may use this option for 0 2 CFR 220-Cost Principles for Educational Institutions grant purchases. (formerly OMB Circular A-21) 7. Debarment&Suspension . 2 CFR 225-Cost Principles for State, Local,and Indian Tribal Transactions for the purposes of this grant will not knowingly be Governments(formerly OMB Circular A-87) made with parties who have been debarred or suspended from 0 2 CFR 230-Cost Principles for Non-Profit Organizations receiving Federal financial assistance under Federal programs (formerly OMB Circular A-122) and activities(Debarment and Suspension Certification). See 0 45 CFR 1110-Nondiscrimination in Federally Assisted Excluded Parties List System at https://www.sam.gov. Programs 8. Equipment Purchases and Inventory 0 45 CFR 1170-Nondiscrimination on the Basis of Handicap in Equipment with a per unit price above$5,000 requires advance Federally Assisted Programs and Activities written approval from the State Library. If fair market value at the . 45 CFR 1183-Uniform Administrative Requirements for time of surplus or disposal exceeds$5,000,disposal must be Grants and Cooperative Agreements to State and Local cleared with the State Library. Governments 9. Publicizing&Acknowledging Funds 0 45 CFR 1185-Governmentwide Debarment and Suspension Grantees are required to credit IMLS/LSTA in all related (Nonprocurement)and Governmentwide Requirements for publications and activities in conjunction with the use of grant Drug-Free Workplace(Grants) funds. Grantees should publicize grant-supported activities in OMB Circular A-102—Grants and Cooperative Agreements available and appropriate media. The following statement must with State and Local Governments be used when meeting these requirements:"This publication/ OMB Circular A-110—Uniform Administrative Requirements activity/program was supported by grant funds from the Institute for Grants and Agreements with Institutions of Higher of Museum and Library Services under the provisions of the Education, Hospitals, and Other Non-Profit Organizations federal Library Services and Technology Act as administered by the State Library of North Carolina, a division of the Department of Cultural Resources." Copies of any publications or materials produced under the grant must be submitted to the State Library. IMLS logos are available at http://www.imis.gov/recipients/imis acknowledgement.aspx 2015-2016 LSTA Grant Agreement page 5 of 5 Orange County Library 137 W. Margaret Lane. Hillsborough, NC 27278 No Overdue Tax Debts'Statement Certification Statement We certify that the Orange County Public 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. 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. Pri n e of library direc ed name&title of local governme t or institutional authorizing official tgnatu of library diptefor Signature of above official to 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." 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 orfamilial 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 govern mentfunds. B.Conflict of Interest. 1.No employee, officer or agent shall influence or attempt to influence the outcome ofanycontract 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 suchcontracts ormatters; 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 oraward of administration of a contract supported bygovernmentalfunds if a conflict ofinterest, 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, hasa financial or other interest in the firm selected foraward. From Orange County Finance Purchasing Manual : http: //intranet .orangecountync.gov/finance/documents/Purchasing%20M anual10713 .pdf; Date last modified 101712013 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(a); 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.NONDISCRDIINATION 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 Certifying Official P ' t Name and Title of Authorized Certifying Officiql Date Certification Regarding Debarment and Suspension;Lobbying;etc. page 2 of 2