HomeMy WebLinkAboutFY17 LIBRARY LSTA GRANT CONTRACT - APP 5306GRANT AGREEMENT
LSTA 2017 -2018 EZ Grant
Application # 5306
This is an agreement by and between NEW HANOVER COUNTY PUBLIC LIBRARY, hereinafter
referred to as `the Library," and the State Library of North Carolina, Department of Natural and Cultural
Resources, hereinafter referred to as the "State Library."
Institution and/or Library Name: NEW HANOVER COUNTY PUBLIC LIBRARY
Mailing address: 201 Chestnut St.
City, State, ZIP: Wilmington, NC 28401
Project manager name /title: Susan DeMarco
Project manager telephone: 910 -798 -6353
Project manager email: sdemarco @nhcgov.com
DUNS number: 040029563
Federal Employer Identification Number: 56- 6000324 -25
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 -17- 0034 -17
Federal Award Date: January 18, 2017
Grant Award Period Start and End Date: July 1, 2017 -June 30, 2018
Amount of Federal Funds Obligated by this Action: $30,000.00
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, 276994600, 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 $30,000.00 for
casts 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.
2017 -2018 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, slate 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, 2018, 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, 2018, or by the termination date
of this agreement as amended by mutual consent.
9. On or before July 15, 2018, 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 Natural and 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 terns 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.
2017 -2018 LSTA Grant Agreement page 2 of 5
16. Submit a final report to the State Library by August 31, 2018, providing a description of project
expenditures, a narrative of project activities, and other elements required by the hinder.
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 Natural and 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 2 CFR 200, Subpart F - Audit Requirements, 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. 160A479.11 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. 160A479.11 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.
2017 -2018 LSTA Grant Agreement page 3 of 5
2. Pay LSTA grant funds upon receipt of reimbursement requests for approved, awarded expenditures
submitted quarterly by the Library. Pay by June 30, 2018, all approved requests received on or before
April 15, 2018, and by August 31, 2018, all approved requests received by July 15, 2018.
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.
Returning signed agreements signifies accepting the grant award; awards not accepted by September
30, 2017 may be withdrawn.
[Please sign in blue ink.]
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Return two complete sets of this agreement with original signatures in blue ink.
To assure prompt receipt of your documents by the State Library, a commercial service is recommended. Mail
sent via US Postal Service to the Mail Service Center (MSC) address cannot be tracked beyond receipt at the
MSC and may encounter delays; the US Postal Service will not deliver to the Jones Street address.
Commercial Service Address
US Postal Service Address
e.. FedEx UPS or physical delivery)
LSTA Grant Agreements
LSTA Grant Agreements
Library Development Section, Suite 310
Library Development Section
State Library of North Carolina
State Library of North Carolina
Archives & State Library Building
4640 Mail Service Center
109 E. Jones Street
Raleigh, NC 276994600
Raleigh, NC 27601
Attn: Jackie Haske
Attn: Jackie Haske
2017 -2018 LSTA Grant Agreement page 4 of 5
The following slate and federal provisions apply to the LSTA
grant program. Libraries awarded grants must agree to comply
with these provisions.
1 Grant Agreement and Timing f Expenditures
Official notification of the grant award must be received from the
State Library and a grant agreement (formal agreement between
the grantee and the State Library) signed by both the
representatives of the library and the State Librarian before any
funds may be encumbered or expended for the project.
2. Allowable and Unallowable Costs
Grantees must carry out the grant project according to the
approved grant application, and all federal funds must be
expended solely for the purpose for which a grant was awarded.
The following costs are unallowable and may not be
proposed as grant project costs: bad debts, contingencies,
contributions and donations, entertainment, fines and penalties,
under recovery of costs under grant agreements (excess costs
from one grant agreement are not chargeable to another grant
agreement).
3. Leoal and Regulatory Compliance
Grantees must expend grant funds in accordance with all
applicable local, slate, and federal laws and regulations.
4. Budget Revisions and Proorammatic Changes
Grantees must not deviate from the approved budget and plan
for carrying out the grant project as contained in the approved
grant application unless prior approval is obtained from the State
Library.
5. Records Retention
Grantees must maintain adequate records to ensure complete
reporting, and retain programmatic and financial 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.
6. Free and Open Competition
Purchases made from grant funds must be carried out to ensure
free and open competition to the extent possible. Libraries
eligible to purchase understate contract may use this option for
grant purchases.
7. Debarment 8 Suspension
Transactions for the purposes of this grant will not knowingly be
made with parties who have been debarred or suspended from
receiving Federal financial assistance under Federal programs
and activities (Debarment and Suspension Certification). See
Excluded Parties List System at hips:1twww.sam.gov .
S. Equipment Purchases and Inventory
Equipment with a per unit price above $5,000 requires advance
written approval from the Slate Library. If fair market value at the
time of surplus or disposal exceeds $5,000, disposal must be
cleared with the State Library.
9. Publicizing $ Acknowledamo Funds
Grantees are required to credit IMLS /LSTA in all related
publications and activities in conjunction with the use of grant
funds. Grantees should publicize grant - supported activities in
available and appropriate media. The following statement must be
used when meeting these requirements: "This publication/
activity /program 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 Natural
and Cultural Resources," Copies of any publications or materials
produced under the grant must be submitted to the State Library.
IMLS logos are available at
htl '//www.innis.govireciplents/imls, ack cal d t
10. Lobbying
Grantees are prohibited by federal law from using grant funds to
pay costs associated with lobbying Congress or the public for
purposes of influencing elections, legislation, or the award of any
federal funds. Grantees receiving an award of over $100,000 must
file a certification regarding lobbying.
11. Non - discrimination
All library services provided as a result of federal grant funds must
be available without discrimination to all members of the community
served. Participation may not be denied on the basis of race, color,
national origin, handicap, age, or sex. Relevant legislation includes
but is not limited to the following: Title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d through 2000d 4); Title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 - 1683); Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794); The Age Discrimination
Act (42 U.S.C. 6101 et. seq); 45 CFR 1110- Nondiscrimination in
federally assisted programs; 45 CFR 1170 - Nondiscrimination on
the basis of handicap in federally assisted programs and activities;
45 CFR 1181 - Enforcement of nondiscrimination on the basis of
handicap in programs or activities conducted by the Institute of
Museum and Library Services.
12. Trafficking in Persons
Grantees must comply with 22 U.S.C. § 7104(g) which prohibits
engaging in trafficking in persons, procuring a commercial sex act,
or using forced labor.
13. Audit and Financial Reporting Requirements
LSTA grants must be audited in compliance with federal and stale
audit requirements for local governments and public authorities,
institutions of higher education, and non -profit organizations. The
following source documents outline the standards and
requirements:
• United States Office of Management and Budget (OMB) 2 CFR
200, Subpart F - Audit Requirements
• North Carolina General Statute 143C -6-23 "Stale grant funds:
administration; oversight and reporting requirements; and the
corresponding rules of North Carolina Administrative Code,
Title 09, Chapter 03M, "Uniform Administration of State
Grants."
LEGAL REFERENCES:
2 CFR 200 Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards
[address grants and cooperative agreements pertaining to
institutions of higher education, states, local governments,
Indian tribes, and nonprofit organizations]
• 2 CFR Part 3185 - Nonprocurement debarment and
suspension
2017 -2018 LSTA Grant Agreement page 5 .175