Title 173 W. Va. C.S.R.

Library Commission Library Commission

Series 01 Library Commission Administrative Regulations

W. Va. Code R. § 173-1-1 General

1.1. Scope. -- This legislative rule establishes requirements and procedures for allocating and administrating state appropriated funds that are distributed by the West Virginia Library Commission and are used to develop and enhance library services in the state. This rule applies to public libraries established according to W. Va. Code §10-1-1, unless otherwise specifically provided for in a special library law.

1.2. Authority. -- W. Va. Code §10-20.

1.3. Filing Date. -- April 2, 2007.

1.4. Effective Date. -- July 1, 2007.

1.5. Repeal and Replacement. -- This rule repeals and replaces “The Administrative Regulations of the West Virginia Library Commission” effective July 1, 1997.

W. Va. Code R. § 173-1-2 Definitions

2.1. “Administrative Fees” means outlay for administrative and support services including, but not limited to, professional librarian advice, personnel assistance, fiscal management, planning, program management, and public relations.

2.2. “Audit” means an annual examination of the financial records of the public library completed in full accordance with generally accepted accounting procedures for governmental agencies and performed by an accountant appointed by the State Auditor.

2.3. “Board of Library Directors” means the administrative authority of a public library. The board of library directors consists of five members appointed to staggered terms unless other provision is made by a special library law. Each member is called a library trustee.

2.4. “Budget” means an itemized summary of estimated income and expenditures for a specific period.

2.5. “Collection Development” means a planned process of selecting, acquiring, and managing library materials to meet the needs of a library’s community.

2.6. “Community Library” means a library that offers services to the public but is not established in accordance with the provisions of the W. Va. Code §10-1-1 et seq.

2.7. “Consortium” means a formal cooperative established and developed to improve library services and resources. It may be restricted by geographical area, established for specified purposes, initiated by the West Virginia Library Commission or initiated by a library. It requires formal agreements concerning purpose, membership, administration and procedures and may include non-library entities. Libraries may enter into any number of consortia agreements that meet the definition of this rule. The West Virginia Library Commission must approve consortia agreements that expend funds administered by the Library Commission.

2.8. “Continuing Education” means activities, including attendance at workshops and conferences, for the purpose of maintaining and increasing job-related competence.

2.9. “Development Plan” means a document that indicates how the public library will provide quality services to the community for the next three to five years.

2.10. “Fiscal Year (FY)” means a 12-month accounting period based on the budget of the State of West Virginia, currently July 1st through June 30th.

2.11. “Governing Authority” means county commission, county board of education, or municipal governing body.

2.12. “Grants to Public Libraries” means awards determined annually by the West Virginia Library Commission from funds appropriated by the Legislature for distribution to public libraries. Grants are to enhance library services, not to reduce local funding. Grants to Public Libraries include:

Grants-in-Aid -- Funds distributed on a per capita basis to all qualifying public libraries.

Other grants -- Funds awarded from any balance in the Grants to Public Libraries appropriation or from any other funds designated by the Library Commission.

2.13. “Interlibrary Loan” means a transaction in which library material, or copies of material, is loaned by one library to another for the use of a patron.

2.14. “Legal Service Population” means the number of people in a geographic area assigned to a public library by the Library Commission. This term is a standard data element of the Federal-State Cooperative System (FSCS) for Public Library Data, a project of the U.S. Department of Education’s National Center for Education Statistics.

2.15. “Library Director” means the individual hired by the board of library directors to administer the total library program.

2.16. “Library Support Staff” means all paid staff who assist with the delivery of library services and programs; does not include janitorial staff.

2.17. “Local Funds” means revenue received from local sources for operating expenditures of the public library. Local tax based revenue includes all local government funds designated by the county commission, board of education, or municipality for the public library. Non-tax based local revenue includes all other funds such as monetary donations, interest, library fines, fees for library services, or grants.

2.18. “Maintenance of Effort” means a specified level of financial effort that is required by a library over a designated time period in order to receive grants.

2.19. “Minutes” means the official record of a meeting of the board of library directors. Minutes show date, time and place of the meeting, names of those attending, actions on all motions and expenditures, corrections to previous minutes, and other information determined to be necessary. Minutes are signed by the secretary.

2.20. “Operating Expenditures” means costs of providing on-going library services. Operating expenditures do not include capital outlay or one-time projects.

2.21. “Patron” means any person who uses the resources and services of a library, not necessarily a registered borrower.

2.22. “Policy” means a statement that articulates principles of operation for the library. The board of library directors must formally adopt all policy statements.

2.23. “Professional Librarian” means an individual who has received a Master’s degree from a program accredited by the American Library Association.

2.24. “Public Library” means a library established in accordance with W. Va. Code §10-1-1 et seq. and in compliance with this rule, having paid staff, an organized collection, an established schedule during which services of the staff are available to the public, and the facilities necessary to support such a collection, staff, and schedule. A public library may consist of a single facility or multiple facilities.

2.25. “Quorum” means the minimum number of library trustees who must be present at a meeting for business to be conducted legally. Unless otherwise defined by a special law, a quorum is three.

2.26. “Service Center Library” means a library that provides professional and management services to libraries assigned to it by the Library Commission.

2.27. “Services to Libraries Grants” means funds distributed to Service Center libraries to assist in providing those services specified in this rule.

2.28. “Special Library Law” means a law, approved by the West Virginia Legislature, which specifies local funding appropriations to the public library. It may also establish the public library and provide for appointment of library trustees.

W. Va. Code R. § 173-1-3 Requirements for Receiving Grants

3.1. A public library must fulfill all of the requirements set forth in this section to be eligible to receive a grant from the library commission.

3.2. The public library is organized and operates in accordance with West Virginia Code § 10-1-1 et seq. or a special library law that meets the minimum requirements in the code.

3.3. The public library receives local funding to support its operations.

3.4. Local funds received in the previous fiscal year equal or exceed the maximum Grant-in-Aid established for the library. Local non-tax based funds used as matching funds cannot exceed the amount of local tax based funds.

3.4.a. In the first three fiscal years following passage of this rule during the 2007 regular session of the Legislature, Grants-In- Aid will be awarded at the maximum amount to every library meeting all other requirements.

3.4.b. Section 3.4 will be implemented in the fourth fiscal year following passage of this rule during the 2007 regular session of the Legislature.

3.5. Local operating expenditures for the previous fiscal year are equal to, or greater than, the average of the total local operating expenditures for the three fiscal years preceding that previous fiscal year. All funds included in the maintenance of effort calculation shall be expended in the fiscal year for which the determination is made and shall not include capital expenditures, special one-time project costs, or similar windfalls.

3.6. The board of library directors is the disbursing agent for appropriations received from governing authorities as described in W. Va. Code §10-1-2.

3.7. The accounting and fiscal procedures of the public library shall be conducted under the management, direction and control of the board of library directors which may delegate to the library director or to any other employee or duly designated agent such duties and functions as it deems appropriate.

3.8. The accounting and fiscal procedures of the public library, unless otherwise provided for in a special library law, include the following:

3.8.a. The fiscal year of the State of West Virginia is used for reporting to the Library Commission.

3.8.b. The board of library directors annually elects a treasurer to perform or oversee all financial operations.

3.8.c. Provision is made for at least two signatures, one of which must be a library trustee, on all checks used in payment of library financial obligations. All those with signature authority must be bonded at the expense of the board of library directors.

3.8.d. The board of library directors approves all adjustments to the budget.

3.8.e. All accounts of the library are settled within thirty (30) days after the close of the fiscal year.

3.8.f. Library funds are disbursed based on itemized invoices verified by the party duly authorized by the board of library directors.

3.8.g. The payroll is prepared in accordance with budgeted amounts approved by the board of library directors.

3.8.h. All accounting records are readily available in a form which can be audited or reviewed by the Library Commission or authorized representatives of the State of West Virginia or United States Government. The annual audit or review is filed with the Library Commission within 30 days of the receipt of the audit.

3.8.i. A financial report of the preceding yearis filed within 45 days from the end of that year on forms provided by the Library Commission.

3.9. The public library submits, by the beginning of the fiscal year, an application for Grant-in-Aid on a form provided by the Library Commission.

3.10. The public library submits, by the beginning of the fiscal year, a spending plan for the use of the state Grant-in-Aid and an annual budget on forms provided by the Library Commission.

3.11. The board of library directors employs a full-time professional librarian to direct the operations of the library and to participate in meetings, workshops and conferences for which the Library Commission requires attendance.

3.12. The board of library directors meets at least four times annually with a quorum present. All meetings of boards of library directors are subject to the provisions of the Open Governmental Proceedings Act, W. Va. Code § 6-9A.

3.12.a. Approved minutes are forwarded within thirty (30) days to the Library Commission, or if applicable, to the Service Center Library.

3.12.b. A report showing the status of all accounts, funds and expenditures is presented for review and approval at all regular meetings of the board of library directors or board finance committee.

3.12.c. Policies covering library operations, collection development, personnel, and technology are formally adopted and forwarded to the Library Commission.

3.12.d. The public library regularly submits to the Library Commission a development plan for a period of at least three years and no more than five years.

3.12.e. No member of a board of library directors is involved in any claim or contract with the public library. This does not mean that a library trustee may not be a stockholder, officer, or director of a bank designated as a depository for the public library.

3.12.f. Reimbursement of travel expenses for library trustees is in accordance with policies adopted by the board of library directors.

3.13. The library director completes no fewer than eight (8) hours of continuing education per year. All other full time library support staff complete no fewer than three (3) hours of continuing education per year.

3.13.a. Continuing education hours must be approved in advance by the Library Commission.

3.13.b. Staff of a library assigned to a Service Center Library is required to attend the annual staff development workshop sponsored by the Service Center.

3.14. The public library is open a minimum number of hours weekly based on the legal service population ranges below.

3.14.a. Fewer than 6000 – 25 hours

3.14.b. 6000-15,000 – 30 hours

3.14.c. More than 15,000 – 40 hours

3.15. The public library is open to the public at least six hours per week that are either before 9 a.m., after 5 p.m., or on Saturdays or Sundays.

3.16. The public library provides free service to residents except as provided for in the W. Va. Code § 10-1-9a.

3.17. The public library provides public access to informational services and programs provided by the Library Commission at no cost to libraries.

3.18. The public library agrees to share resources with other libraries in the state, according to local interlibrary loan policy and guidelines endorsed by the Library Commission.

3.19. The public library designates National Library Week and Children’s Book Week or any other two weeks annually as grace periods during which no fines or penalties are assessed for overdue materials.

W. Va. Code R. § 173-1-4 Non-Compliance with Requirements

4.1. The Library Commission shall determine by review of required reports and evaluation visits whether a public library meets eligibility requirements.

4.2. A library not directed by a professional librarian will be assigned by the Library Commission to a Service Center Library.

4.3. If the maintenance of effort requirement (3.5) is not met, the Grant-in-Aid shall be reduced by a percentage equal to the percentage of the unmet maintenance of effort.

4.4. Failure to meet any requirements other than those described in sections 3.4 and 3.5 of this rule will result in the public library forfeiting a portion of its Grant-in-Aid. Such portion will be determined by the Library Commission.

W. Va. Code R. § 173-1-5 Waiver of Requirements

5.1. The eligibility requirements contained in section 3 of this rule may be waived if the Commission determines that due to exceptional or uncontrollable circumstances, one or more of the requirements for receiving grants contained in section 3 would impose undue hardship on a public library. For the purpose of this subsection, exceptional or uncontrollable circumstances may include, but are not limited to, a natural or man-made disaster or a governing authority’s lack of financial resources to provide adequate local funding to support a public library’s operations.

5.2. The board of library directors requests a waiver by notifying the Library Commission in writing of any extraordinary circumstances and the fiscal year affected. A waiver is granted for one year.

5.3. The board of library directors and staff must work with the Library Commission to develop and implement a recovery plan.

5.4. The Library Commission determines the amount of any Grant-in-Aid distributed to a library on a waiver.

5.5. The provisions of this rule shall be liberally construed to accomplish its objectives and purposes.

W. Va. Code R. § 173-1-6 Requirements For Use of Grants-in-Aid

6.1. The Library Commission determines annually, on a per capita basis, the maximum Grant-in-Aid for each library. Each library must submit, by the beginning of the fiscal year, a Grant-in-Aid expenditure plan to the Library Commission for approval.

6.2. Grants-in-Aid shall be used for the following purposes:

6.2.a. Salaries, wages, and benefits; all staff must be paid no less than state or federal minimum wage, whichever is higher;

6.2.b. Library materials;

6.2.c. Equipment;

6.2.d. Travel expenses for library director, staff and library trustees to attend meetings, workshops and conferences and any other library-related activities approved by the board of library directors;

6.2.e. Bookmobiles;

6.2.f. Audits required by state or federal law, rule or regulation;

6.2.g. All other current operating expenses approved by the board of library directors;

6.2.h. Fellowships for graduate and undergraduate degrees when there exists between the sponsoring public library and the recipient of the fellowship a written agreement that includes, but is not limited to, the following:

6.2.h.1. The fellowship recipient must be an employee of the sponsoring public library;

6.2.h.2. A candidate for a graduate fellowship must attend a school accredited by the American Library Association;

6.2.h.3. The amount the sponsoring public library will pay for classes;

6.2.h.4. The expected completion date;

6.2.h.5. The trainee must agree to return to the sponsoring public library for at least two (2) years following receipt of the degree;

6.2.h.6. The trainee may be permitted by the sponsoring public library to substitute employment in any public library in West Virginia for two (2) years if a position is not available with the sponsoring public library. If no employment is available at a salary commensurate with the trainee’s education, repayment of the grant may be waived at the discretion of the sponsoring library with approval from the Library Commission;

6.2.h.7. If repayment of the grant is not waived by either the sponsoring public library or by the Library Commission, the grant must be repaid to the sponsoring public library.

W. Va. Code R. § 173-1-7 Service Center Libraries

7.1. A Service Center Library ensures that professional librarian expertise is available to each public library. The Library Commission may assign a library to a Service Center Library if required reports or evaluation visits indicate need.

7.2. Responsibilities of a Service Center Library are:

7.2.a. To reach a formal agreement with each consortium member regarding assistance provided with the Services to Libraries Grant or administrative fee;

7.2.b. To file, by the beginning of each fiscal year on forms provided by the Library Commission, a plan for assisting each assigned library, based on the formal agreement between the libraries;

7.2.c. To employ a full-time professional librarian in addition to the director;

7.2.d. To visit each assigned library four times a year, including one board meeting, and to present at least one staff development workshop annually;

7.2.e. To evaluate the collections, fiscal management, and operations of each assigned library and report the results annually to the library with a copy to the Library Commission;

7.2.f. To account for funds or administrative fees used to assist assigned libraries. Administrative fees must be approved by the Library Commission and may not exceed twenty percent (20%) of the Grant-in-Aid for each assigned library.

7.3. The Library Commission will evaluate periodically the performance of each Service Center library. Failure of a Service Center Library to meet the responsibilities of section 7.2 of this rule may result in the Service Center forfeiting a portion of funds received from the Library Commission or administrative fees, or, in the reassignment of libraries.

W. Va. Code R. § 173-1-8 Other Grants

8.1. The Library Commission may distribute other grants that further library service in the state. Any public library is eligible to apply for these grants. Grant priorities and qualifications are determined annually by the Library Commission.

8.2. Construction grant applications must meet minimum standards identified by the Library Commission for:

8.2.a. New construction

8.2.b. Expansion

8.2.c. Renovation, including

8.2.c.1. Handicapped access

8.2.c.2. Safe working conditions

8.2.c.3. Public safety

8.3. An application for a construction grant will be on forms provided by the Library Commission and will include, but not be limited to, the following:

8.3.a. Project budget, including a history of local funding for the most recent five (5) years;

8.3.b. Certification by board of library directors of all local funds available for this project. Certification includes the source of the funds, the anticipated date of receipt of funds and the method to be used to provide any additional funding needed;

8.3.c. Timeline for the project;

8.3.d. Current status of the building program, architectural development, site acquisition, and fund raising;

8.3.e. Long range plan for use of the proposed, expanded or renovated facility;

8.3.f. Statement of ownership of the new building;

8.3.g. A feasibility study if proposed construction is the expansion, remodeling or alteration of an existing building. The study is to be done by an AIA registered architect;

8.3.h. A survey and description of the Library Commission approved site;

8.3.i. Project summary including descriptions of the current facility and the new facility comparing total square footage and space needs for public service areas, staff work space, and collection, meeting room, parking, and non-assignable spaces;

8.3.j. Description of how the project will benefit the service area and provide better library service, as well as information about current services.

8.4. Construction contracts must be entered into within three hundred sixty-five (365) days following the Library Commission approval of the grant request.

8.5. Assurance must be given to the Library Commission that, for all construction projects assisted through a grant, all laborers and mechanics employed by contractors or subcontractors will be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the U.S. Secretary of Labor in accordance with the Davis-Bacon Act, as amended, and that covered workers will receive overtime compensation in accordance with, and subject to, the provisions of the Contract Work Hours and Safety Standards Act. Further assurance must be provided that contractors or subcontractors comply with any other applicable state or federal law, including but not limited to workers compensation and unemployment compensation.

8.6. Additional reports must be submitted as requested by the Library Commission during the project.

8.7. Financial accounting:

8.7.a. Local funds for construction will be deposited in an account separate from all other funds. A certification by the bank as to the amount of these funds and certification that these funds are free from encumbrances must be furnished to the Library Commission;

8.7.b. Payment of federal and state funds on a construction project will be made to the board of library directors after approval of invoices by the Library Commission;

8.7.c. Request for a federal or state share will be made on forms provided by the Library Commission;

8.7.d. A retainage of ten percent (10%) will be withheld from the federal and state share of each construction project. The creditor’s invoice should reflect the total amount due in order to prevent duplication of the retainage;

8.7.e. The public library will require the general contractor or equivalent to keep on file a copy of weekly payrolls with the required certification in regard to anti-kickback provisions of the Copeland Act. These payrolls will be checked by the general contractor or equivalent against the minimum wage determination for the project and will be reviewed periodically by the Library Commission. Periodic on-the-job interviews will be made by the Library Commission to assure compliance with federal regulations. A copy of this interview will be on file at the Library Commission. A copy of the labor interview will be forwarded to the general contractor or equivalent for filing with the payroll for the week. The general contractor or equivalent will file copies of weekly payrolls with the contracting library;

8.7.f. The portion of the architect’s fee, which is paid for supervision, must be based on that portion of the “Contract Completed” at the date of the request;

8.7.g. Any change from the original construction contract must be made by a formal “Change Order” accompanied by a letter of authorization by the president of the board of library directors. If the change or addition requires additional funds over and above the approved budget, the board of library directors must certify that the additional funds are available;

8.7.h. The ten percent (10%) retainage from the federal and state share will be paid only after local architect’s certification of completion of the construction contract and after an audit by an auditor approved by the Library Commission is filed with the Library Commission. This audit will be made at the expense of the board of library directors and may be a part of the total project cost;

8.7.i. All records pertaining to a construction project must be kept by the board of library directors for at least three (3) years after completion of the project, or as directed by any applicable federal legislation. These records must be made available to the Library Commission or authorized representative of the State of West Virginia or United States Government on request. §173-1- 9. Establishing New Libraries.

9.1. Representatives of a community interested in establishing a public library shall contact the Library Commission and provide the following information:

9.1.a. What area the library will serve;

9.1.b. How the operations of the library will be funded;

9.1.c. The expected effect of the new library on existing libraries in the area;

9.1.d. Comparison of services of the new library to services of existing libraries in the area;

9.2. To qualify for state funds, a newly established public library must:

9.2.a. Be established according to W. Va. Code §10-1-1.

9.2.b. Comply with this Library Commission rule;

9.2.c. Develop a plan for library service using advice and continuing education from the Library Commission.

9.3. After meeting requirements for state funds, the newly established public library will be assigned to a Service Center Library. §173-1- 10. Appeal Process.

10.1. Any appeal of a decision related to this rule shall be submitted in writing to the Chairman of the Library Commission and the Secretary of the Library Commission.

10.2. The appeal shall include the following:

10.2.a. Name and address of the library

10.2.b. Statement of the decision being appealed

10.2.c. Signatures of the Library Director and president of the board of library directors

10.2.d. Supporting documentation

10.2.e. Resolution sought

10.3. Failure to submit any of the above may delay the consideration of the appeal by the Library Commission.

10.4. The Secretary will review each appeal and determine if it has been adjudicated previously. If not, The Secretary will place the appeal on the agenda for the next regular meeting of the Library Commission and inform the appellant.

10.5. The appellant shall inform the Secretary if a brief oral presentation will be made at the Commission meeting. Presentations must be limited to ten minutes unless extended by action of the Commission.

10.6. The Library Commission shall review the appeal and issue a decision no later than the next regular meeting.

10.7. Appeal of any decision by the Library Commission may be made to the Circuit Court by the appellant according to the provisions of the W. Va. Code §29A-5-1.

173CSR1

173CSR1

Series 02 Library Facilities Improvement Fund

W. Va. Code R. § 173-02 Library Facilities Improvement Fund

TITLE 173

FINAL PROCEDURAL RULE

WEST VIRGINIA LIBRARY COMMISSION

SERIES 2

LIBRARY FACILITIES IMPROVEMENT FUND

General.

Scope. Establishes requirements and procedures for grants and loans from the Library Facilities Improvement Fund administered by the West Virginia Library Commission.

Authority. West Virginia Code § 10-1-24.

Filing Date. 07/27/2018 Effective Date: 08/27/2018 Purposes.

The purposes of this rule are to:

Provide the West Virginia Library Commission and West Virginia public libraries with a process for submitting, reviewing, evaluating, awarding Library Facilities Improvement Fund grants and loans; and Establish a system for administering Library Facilities Improvement Fund grants and loans.

The purposes of the Library Facilities Improvement Fund are to:

Provide grants to Public Libraries for the planning, design, improvement, expansion, or replacement of Public Library facilities so that there is a corresponding improvement in services offered and access to those services. Grants are not intended to aid with activities such as regular repair and maintenance except under extraordinary circumstances.

Provide grants and loans to Public Libraries to support energy savings and critical life safety projects.

Definitions.

ADA. Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.

Alteration. Project addressing changing use of space.

Applicant. The governing board of a Public Library established in accordance with West Virginia Code § 10-1-2 and eligible to receive state aid to public libraries.

Application. The form, and any attachments, that a Public Library is required to file in order to apply for a grant or loan.

Application round. The period during which grant application materials are made available to prospective applicants, grant applications are submitted, grant applications are reviewed, provisional award requirements are fulfilled, and grants are awarded, and projects placed on the waiting list.

Capital project. The construction or renovation of a fixed asset, including buildings, fixed equipment and infrastructure.

Catastrophic loss. An emergency created when an existing Public Library is rendered permanently unusable. Loss cannot be the result of deferred maintenance or negligence.

Construction. New construction, alteration, renovation, rehabilitation, or other activity that is intended to result in a significant increase in the internal usable space of a Public Library.

Deferred maintenance. Repair, maintenance, and renewal of capital facilities which should be part of normal maintenance management, but which have been postponed to a future budget cycle or until funds become available.

Demolition. The act or process of tearing down or razing an existing structure or portions of the structure so that the site may be used for an approved Public Library project.

Design. Plans prepared by an engineering or architectural firm for the design or modification of a facility. Designs must include, but are not limited to: drawings, specifications, and other necessary project design documentation.

Development plan. A planning document that includes a Public Library's mission statement, needs statement, multi-year goals and objectives, an annual action plan with measurable objectives, a brief description of the planning methodology, and an indication that it has been approved by the Public Library's governing board.

Emergency. A situation involving life safety issues, issues that would result in extensive damage to a facility if not addressed immediately, any unforeseen opportunity to use external funds, or any other situation the Library Commission determines should warrant special consideration of a request.

Energy savings. Decreasing the amount of electricity, gas, or other forms of energy used to operate a library while maintaining or increasing the quality of the service.

Financial feasibility. The ability of a Public Library to achieve sufficient income, credit, and cash flow to financially sustain a project over the long term.

Governing board. The board created pursuant to West Virginia Code § XX that governs a Public Library.

Governing authority. Local government entity authorized to establish public libraries (e.g., County Commission, County Board of Education, or Municipality).

Library Commission. The state agency known as the West Virginia Library Commission.

Life safety. A condition in a Public Library or on Public Library property that, if not corrected immediately, would jeopardize the safety and property of the staff and the visiting public.

Maintenance. The act or process of maintaining and repairing a Public Library Facility to keep it in appropriate operating condition.

New construction. The creation of a new facility or of an addition to an existing facility.

Public Library. A library established in accordance with West Virginia Code §10-1-1 et. seq.; includes branch libraries administered by a paid librarian, under direction of a head librarian of a main library, and open to the public with a posted schedule.

Public Library facility. A building or other structure utilized as a Public Library, or the portion of a shared facility utilized as a Public Library.

Renovation. Work required to restore and modernize most of a Public Library Facility in order that the facility may be effectively utilized for its designated functional purpose and comply with current building code requirements. Such projects consist of work of such scope that, if not completed, the present facility would require complete building replacement. A renovation project must provide a Public Library Facility substantially equivalent to that of a new facility and must consist substantially of work other than deferred maintenance.

Service population. The number of people in the geographic area for which a Public Library has been established as determined by the Library Commission.

Shared facility. A building or other structure incorporating a Public Library and one or more compatible partners independent of the Public Library and housed within one building. Some parts of the building may be shared, such as meeting rooms and common areas.

Waiting list. A list, created by the Library Commission, of capital projects approved for funding but awaiting the availability of funds.

Eligibility Requirements All Public Libraries may apply for grants or loans.

To receive a grant or loan, a Public Library governing board must complete the application process developed by the Library Commission, including providing any additional information requested during that process.

To receive a grant, a Public Library must provide a dollar per dollar match from non-state sources. Non-state sources include, but are not limited to, federal funds and Governing Authority funds.

Grant Application Process.

The Library Commission shall at least annually invite public libraries to submit grant applications. These applications will enable the Library Commission to identify Public Library facility capital project needs and report these needs to the Legislature.

At a minimum, applications shall include:

A project description;

A project justification, including the need for the project and how the project will benefit the Public Library’s service area;

A project time line, including major steps necessary to complete the project; and A project budget.

Grant Evaluation Criteria.

Unless supplemented in the grant announcement, the criteria listed in this section will be used by Library Commission staff to evaluate proposals submitted under this program. The distribution of points to be awarded per criterion will be identified in the grant announcement.

Project design and technical merit. Reviewers will consider the soundness of the applicant's approach, the project's technical and financial feasibility, the adequacy of financial and other resources, the capabilities and experience of the applicant and its project management team, the project goals, and identified community needs and benefits. Points will be awarded under the following project elements:

Comprehensiveness and feasibility. Reviewers will assess the technical and economic feasibility of the project and how well its goals and objectives address the challenges of the library service population area. Reviewers must make a finding of operational sustainability for any points to be awarded. Projects for which future grant funding is likely to be required to assure ongoing operations will not receive any points.

Demonstrated experience. Reviewers will consider whether the applicant or its project team have demonstrated experience in successfully administering and carrying out projects that are comparable to that proposed in the application.

Community needs. Reviewers will consider the applicant's assessment of community needs to be addressed by the proposed project as well as the severity of physical and economic challenges affecting the target communities.

Project evaluation and performance measures. Reviewers will consider the applicant's suggested project evaluation and performance criteria.

Priority considerations. Evaluation points may also be awarded for projects that advance any priority interests identified in the grant announcement. The grant announcement may incorporate all or some of the priority criteria listed below and may supplement these criteria.

Projects involving replacement or reconstruction of public library facilities destroyed or damaged by flood, tornado, fire, earthquake or other disasters, either man-made or produced by nature.

Projects to correct conditions in the library or on library property determined to be severe and continuing health or life safety hazards.

Alterations necessary to provide accessibility for qualified individuals with disabilities.

Projects designed to address population growth or to replace aging public library facilities.

Other unique solutions to facility needs. These projects include design concepts that enhance library service to the community, including, but not limited to, technological improvements and energy conservation.

Economic hardship points may be awarded when the service population area suffers from documented severe economic hardship.

Projects that evidence significant commitments of funds, contributed property, equipment, or other in-kind support for the project may be awarded additional points for this criterion.

Loan Application Process.

Public libraries may apply for loans to support energy savings and critical life safety projects.

Applications for loans may be submitted at any time on forms developed by the Library Commission. Applications will be evaluated using the criteria listed in 173-2-6.

Loans are exempt from the match requirement, but the Library Commission may limit the percentage of the total project that can be borrowed.

Loans are subject to loan agreement between the Library Commission and the applicant.

The agreement will include a schedule of payment of the principal and any interest on the loan.

Grant/Loan Disbursements.

Applicants receiving grant awards will be eligible for disbursements according to a schedule established by the Library Commission once they have signed a grant agreement with the Library Commission, provided all necessary certifications, and have agreed to all assurances.

The Library Commission reserves the right to terminate the project grant for failure of the grantee to comply with the provisions of the grant award agreement.

On-site construction inspections by Library Commission staff or designated representatives may occur during the construction phase and/or upon completion of the project.

Reporting.

Project progress reports must be submitted in accordance with the procedures and schedule specified in the grant agreement and will include the following information unless otherwise specified in the grant agreement:

A comparison of planned and actual accomplishments according to the project timetable or list of project objectives;

An explanation of any delays or failures to meet the project timetable or list of project objectives;

A financial report comparing total project expenditures and grant expenditures for the specified period, with the estimated project budget, including, when appropriate, analysis and explanation of cost overruns of high unit costs Any change from the original construction contract must be made by a formal “Change Order” accompanied by a letter of authorization from the president of the library board. If the change or addition requires additional funds over and above the approved budget, the library board must certify that the additional funds are available.

Record-Keeping Requirements The grantee must maintain records that document compliance with the terms and conditions of the grant agreement. At a minimum, the grantee’s records must fully disclose:

The amount and disposition of the Library Commission grant funds;

All project expenditures and procurement actions;

The total cost of the project;

Copies of all reports and disbursement requests submitted to the Library Commission.

Beginning January 2019 and annually thereafter, the Library Commission will prepare a status report for the Legislature on public library facilities and needs and recommend projects for funding. The report will also include the status of all projects funded through the Library Facilities Improvement Fund.