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HomeMy WebLinkAboutFY22 Library LSTA Scholarship Agreement2021-2022 LSTA Grant Agreement page 1 of 5 GRANT AGREEMENT LSTA 2021-2022 ________ Grant State Project Code: NC-21-_____ This is an agreement by and between, 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: Mailing address: City, State, ZIP: Project manager name/title: Project manager telephone: Project manager email: DUNS number: Federal Employer Identification Number: Indirect cost rate for this award: 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: $______________ 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 $ __________ 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. DocuSign Envelope ID: 694FE497-E799-4997-AE88-137D1F48857A 60 Wilmington flemieux@nhcgov.com and lethomas@nhcgov.com 56-6000324-25 Flavia Lemieux and Leigh Thomas 910-798-6369 N/A $4,220.00 Scholarship 1241 Military Cutoff 28405 040029563 $4,220.00 , NC New Hanover County Public Library New Hanover County Public Library 2021-2022 LSTA Grant Agreement page 2 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. Submit grant progress reports, briefly describing current and anticipated project expenditures and project activities, as requested by the State Library. 8. Complete all project expenditures (grant and matching) by June 30, 2022, or by the termination date of this agreement as amended by mutual consent. 9. On or before July 15, 2022, submit a single 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 (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. 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. DocuSign Envelope ID: 694FE497-E799-4997-AE88-137D1F48857A 2021-2022 LSTA Grant Agreement page 3 of 5 16. 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. 17. Certify upon completion of the grant that grant funds were received, used, and expended for the purposes for which they were granted. 18. 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. 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. 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. 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. DocuSign Envelope ID: 694FE497-E799-4997-AE88-137D1F48857A 2021-2022 LSTA Grant Agreement page 4 of 5 2. Pay LSTA grant funds upon receipt of reimbursement requests for approved, awarded expenditures submitted 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: may be withdrawn. [Please sign below.] x Signature, Library Director Date Printed Name x Signature, Local Government or Institutional Representative Date Printed Name Title x Signature, Timothy G. Owens, State Librarian Date DocuSign Envelope ID: 694FE497-E799-4997-AE88-137D1F48857A 12/28/2021 Paige Owens 3/1/2022 Sheryl Kelly 12/28/2021 Assistant County Manager Signature, Susan Forbes, Interim State Librarian 12/28/2021 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX 2021-2022 LSTA Grant Agreement page 5 of 5 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.imls.gov/recipients/imls_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 DocuSign Envelope ID: 694FE497-E799-4997-AE88-137D1F48857A DocuSign Envelope ID: 694FE497-E799-4997-AE88-137D1F48857A DocuSign Envelope ID: 694FE497-E799-4997-AE88-137D1F48857A X I have attached my Conflict of Interest Policy My Conflict of Interest Policy is on file Assistant County ManagerSheryl Kelly 12/28/2021 LSTA Staff: Check here if all documents have been received and all signatures have been gathered.X