Loading...
HomeMy WebLinkAboutFY22 LIBRARY LSTA VIRTUAL PROG G0572DocuSign Envelope ID: CFCF86AB-299C-457D-B7D9-13F505423755 GRANT AGREEMENT LSTA 2021-2022 EZ Grant State Project Code: NC -21- 27 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: Leigh Thomas Project manager telephone: 910-798-6327 Project manager email: lethomas@nhcgov.com DUNS number: 40029563 Federal Employer Identification Number: 56-6000324-25 Indirect cost rate for this award: N/A Library fiscal year ending date: June 30 Federal Award Identification Information required by 2 CFR 200.332 Federal Award ID number: LS -249980 -OLS -21 Federal Award Date: January 19, 2021 Grant Award Period Start and End Date: July 1, 2021 - June 30, 2022 Amount of Federal Funds Obligated by this Action: $ 20000 Federal Award Project Description as required by FFATA: LSTA State Grants Contact information for awarding official: Catherine Prince, Federal Programs Consultant, State Library of North Carolina, 4640 Mail Service Center, Raleigh, NC, 27699-4600, 919-814-6796, catherine.prince@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 $ 20000 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; and Nondiscrimination. 2021-2022 LSTA Grant Agreement page 1 of 5 DocuSign Envelope ID: CFCF86AB-299C-457D-B7D9-13F505423755 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. Submit grant project status reports, briefly describing current and anticipated project expenditures and project activities, as requested by the State Library. 8. On or before April 15, 2022, 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. 9. Complete all project expenditures (grant and matching) by June 30, 2022, or by the termination date of this agreement as amended by mutual consent. 10. On or before July 15, 2022, submit a final request for reimbursement. 11. 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. 12. 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. 13. 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 (LSTA) as administered by the State Library of North Carolina, a division of the Department of Natural and Cultural Resources (IMLS grant number LS -249980 -OLS -21)." Submit a copy of any publications or materials produced under the grant to the State Library. 14. Provide library services resulting from the grant to all members of the community served, in compliance with all Federal statutes relating to non-discrimination on the basis of race, color, national origin, sex, handicap, or age. 15. Request prior written approval from the State Library for any subcontracting or assignment to any subgrantee or assignee. Neither the Library nor any subgrantee or assignee is relieved of the duties and responsibilities of this agreement. Subgrantees and assignees agree to abide by the terms of this 2021-2022 LSTA Grant Agreement page 2 of 5 DocuSign Envelope ID: CFCF86AB-299C-457D-B7D9-13F505423755 agreement and must provide all information necessary for the Library to comply with the terms of this agreement. 16. 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. 17. Submit a final report to the State Library by August 31, 2022, providing a description of project expenditures, a narrative of project activities, and other elements required by the funder. 18. Certify upon completion of the grant that grant funds were received, used, and expended for the purposes for which they were granted. 19. Complete the Single Audit Certification as directed and 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. 20. Ensure that grant funds are audited in compliance with state and federal audit requirements for local governments and public authorities, institutions of higher education, and non-profit organizations, and, as applicable, according to the standards of 2 CFR 200, Subpart F - Audit Requirements, as supplied by the Executive Office of the President, Office of Management and Budget, Washington, DC. 21. Comply with the requirements of North Carolina General Statute 143C-6-23: "State grant funds: administration; oversight and reporting requirements" and the corresponding rules of North Carolina Administrative Code, Title 9, Subchapter 03M, "Uniform Administration of State Grants," including submission of required financial reports within six months (or nine months for $500,000 threshold) of the end of the Library's fiscal year(s) in which grant funds are received. 22. 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). 23. If not already on file, 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. 24. 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. 2021-2022 LSTA Grant Agreement page 3 of 5 DocuSign Envelope ID: CFCF86AB-299C-457D-B7D9-13F505423755 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, 2022, all approved requests received on or before April 15, 2022, and by August 31, 2022, all approved requests received by July 15, 2022. 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, 2021 may be withdrawn. [Please sign below.] DocuSigned by: x raint, OWLA&S Signature, Library Director Paige Owens Printed Name DocuSigned by: x 5� Signature, Local Government or Institutional Representative Sheryl Kelly 6/11/2021 Date 6/15/2021 Date Assistant County Manager Printed Name Title DocuSigned by: fi�bf i ;. O-W,,l,S 6/15/2021 X Signature, Timothy G. Owens, State Librarian Date X Reviewed by Teresa Hewett, Grants and Project Analyst 2021-2022 LSTA Grant Agreement page 4 of 5 DocuSign Envelope ID: CFCF86AB-299C-457D-B7D9-13F505423755 GRANT PROVISIONS The following state and federal provisions apply to the LSTA grant program. Libraries awarded grants must agree to comply with these provisions. 1. Grant Agreement and Timing of 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. Legal and Regulatory Compliance Grantees must expend grant funds in accordance with all applicable local, state, and federal laws and regulations. 4. Budget Revisions and Programmatic 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 under state contract may use this option for grant purchases. 7. Debarment & 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 https://www.sam.gov . 8. Equipment Purchases and Inventory Equipment with a per unit price above $5,000 requires advance written approval from the State 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 & Acknowledging 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 http://www.imis.gov/recipients/imis acknowledgement. aspx 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 state 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 "State 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 • 2 CFR 3186 - Requirements for drug-free workplace 2021-2022 LSTA Grant Agreement page 5 of 5 DocuSign Envelope ID: CFCF86AB-299C-457D-B7D9-13F505423755 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION; LOBBYING; FEDERAL DEBT STATUS; AND NONDISCRIMINATION L 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 DocuSign Envelope ID: CFCF86AB-299C-457D-B7D9-13F505423755 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. NONDISCRLMINATION 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. DocuSigned by: s,L , Signa e o uthorized Certifying Official Sheryl Kelly Assistant County Manager Print Name and Title of Authorized Certifying Official 6/15/2021 Date I have attached my Conflict of Interest Policy X My Conflict of Interest Policy is on file X I have attached my LSTA Partner Statement(s) My LSTA Partner Statement(s) are on file or I don't have eligible partners Certification Regarding Debarment and Suspension; Lobbying; etc. X LST/Stal' Check/ercrfalldacumenfshavebeearecervedandallsignatureshaiebeengathe�ed page 2 of 2 DocuSign Envelope ID: CFCF86AB-299C-457D-B7D9-13F505423755 CIPA COMPLIANCE CERTIFICATION FORM for Public Libraries As the authorized library representative, I hereby certify that the library is (check only one of the following boxes) A. x❑ CIPA Compliant The applicant library has complied with the requirements of Section 9134(f)(1) of the Library Services and Technology Act. OR B. ❑ The CIPA requirements do not apply because no funds made available under the LSTA program will be used to purchase electronic equipment capable of accessing the Internet or to pay for direct costs associated with accessing the Internet. Paige Owens te9g"*kY:of library director Pe B E3 Signature o i rary director 6/11/2021 Date CIPA Compliance Certification Form State Library of North Carolina DocuSign Envelope ID: CFCF86AB-299C-457D-B7D9-13F505423755 CIPA COMPLIANCE INFORMATION Libraries that are neither public libraries nor public elementary or secondary school libraries are not subject to CIPA and do not have to comply with this law. Overview CIPA is the Children's Internet Protection Act, which applies to public libraries and public elementary and secondary school libraries seeking funds under the federal Universal Service (E -rate) program or the Library Services and Technology Act (LSTA) grant programs funded by the Institute of Museum and Library Services (IMLS) and administered by the State Library of North Carolina. Affected Libraries The following types of libraries applying for LSTA grants from the State Library of North Carolina must be CIPA compliant and must submit the CIPA Compliance Certification Form with their signed Grant Agreement. • Public libraries • Public school libraries • Consortia with public and/or public school libraries If a library type listed above is already compliant with CIPA under the rules for receiving E -rate funds, that library is not affected by the rules established for LSTA grant recipients. Accordingly, the compliance information in this document applies only to libraries meeting all three of the following conditions. The library is: 1) a public library or public elementary or secondary school library, 2) NOT required to comply with CIPA through the federal Universal Service (E -rate) program, and 3) seeking LSTA funds for the purchase of technology used to access the Internet and/or for the payment of direct costs associated with accessing the Internet. Libraries that are required to comply with CIPA because of the receipt of funds from the Universal Service (E- rste) program must adhere to a different and more stringent set of requirements. More information about those requirements may be found at <http://statelibrary.dcr.state.nc.us/hottopic/cipa/cipa.htm>. The compliance information in this document does not apply to libraries that must comply with CIPA under the Universal Service (E -rate) rules. Purchases That Require CIPA Compliance A library that is subject to CIPA under the rules for LSTA must comply with the law when either of the following are approved for purchase with LSTA funds: • technology used to access the Internet, or • direct costs associated with accessing the Internet (i.e., the costs of connecting to an Internet service provider [ISP]). Requirements for Compliance The policy requires that some form of "technology protection measure" be in use on all computers used to access the Internet. This includes computers that were not purchased with LSTA funds but that are used to access the Internet. The law provides no other guidance on technology protection measures. According to the CIPA legislation, the technology protection measure may be disabled upon the request of the user for "bona fide research or other lawful purposes." The law as applied to LSTA grant recipients does not differentiate between minors and adults when a request is made to disable the technology protection measure or unblock a website. Anyone may make such a request. For purposes of CIPA, a "minor" is someone under 17 years of age. LSTA CIPA Compliance Information Page 1 of 2 State Library of North Carolina DocuSign Envelope ID: CFCF86AB-299C-457D-B7D9-13F505423755 To receive LSTA funds for purchases listed above, the library must have in place a policy of: a) Internet safety for minors that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are (1) obscene; (11) child pornography; or (III) harmful to minors; and is enforcing the operation of such technology protection measure during any use of such computers by minors; and b) Internet safety that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are (I) obscene; (11) child pornography; and is enforcing the operation of such technology protection measure during any use of such computers." Note that the difference between (a) and (b) is that (a) applies to minors and includes the category of "visual depictions" that are "harmful to minors", while (b) applies to adults and does not include the category "harmful to minors". LSTA CIPA Compliance Information Page 2 of 2 State Library of North Carolina DocuSign Envelope ID: CFCF86AB-299C-457D-B7D9-13F505423755 LSTA PARTNER STATEMENT In order for the library to qualify for a 10% match, partners must contribute a deliverable to the project. Complete one form for each partner. 1. Library Name New Hanover County Public Library 2. Grant Category EZ Grant 3. Partner Organization (name, address, phone) New Hanover County 230 Government Center Drive Wilmington, NC 28405 4. Partner Contribution This may be a cash amount or in-kind contribution such as donated personnel, training space, transportation, supplies, materials, printing, or other items to be used in implementing the project. Specify the expected quantity, frequency, etc. such as "the partner will provide an instructor for 2 one hour classes each month, totaling 20 classes over 10 months." $6,250 5. Partner Roles/Responsibilities Provide match The undersigned partner organization agrees to carry out the activities described in numbers 4 and 5 above. Name and Title of Partner Organization Representative Signature of Partner Organization Representative Date LSTA Partner Statement State Library of North Carolina