Item D06 4�° I�`�
r BOARD OF COUNTY COMMISSIONERS
County of Monroe �� Mayor Michelle Coldiron,District 2
J y
` Ma or Pro Tem David Rice,District 4
-Me Florida Keys ) � �
Craig Cates,District 1
�i Eddie Martinez,District 3
Holly Merrill Raschein,District 5
County Commission Meeting
October 2012021
Agenda Item Number: D.6
Agenda Item Summary #9785
REVISED ITEM WORDING: Clarified for County Administrator to execute any additional
documentation.
BULK ITEM: Yes DEPARTMENT: Public Libraries
TIME APPROXIMATE: STAFF CONTACT: Kimberly Matthews (305) 292-4540
N/A
AGENDA ITEM WORDING: Approval of filing of a grant application and agreement for State
Aid to Libraries from the Florida Department of State, Division of Library and Information Services,
and A ffffK ' yauthorization for the County Administrator to sign any other required
documents.
ITEM BACKGROUND: This is an annual application process to receive State Financial Aid for
the Monroe County Library System.
PREVIOUS RELEVANT BOCC ACTION:
10/21/2020 —BOCC approved prior application (Agenda Item Doc ID 7303)
10/16/2019- BOCC approved prior application (Agenda Item Doc ID 6151)
10/18/2017—BOCC approved prior application (Agenda Item Doc ID 3444)
9/21/2016—BOCC approved prior application (Agenda Item Doc ID 2065)
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
StateAidToLibrariesGrantAgreement FY22
FINANCIAL IMPACT:
Effective Date: Jan 1, 2022
Expiration Date: Dec 31, 2022
Total Dollar Value of Contract: NA
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant: Yes
County Match: None
Insurance Required: NA
Additional Details:
REVIEWED BY:
Norma Kula Skipped 09/24/2021 2:04 PM
Kimberly Matthews Completed 09/24/2021 2:08 PM
Jim Molenaar Completed 09/29/2021 8:26 AM
Pedro Mercado Skipped 09/24/2021 4:24 PM
Purchasing Completed 09/29/2021 9:42 AM
Budget and Finance Completed 10/04/2021 8:21 AM
Maria Slavik Completed 10/04/2021 8:34 AM
Liz Yongue Completed 10/04/2021 11:04 AM
Board of County Commissioners Pending 10/20/2021 9:00 AM
} D.6
`,
County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w � Holly Merrill Raschein,District 5
County Commission Meeting
October 203, 2021
Agenda Item Number: D.6
Agenda Item Summary #9785
BULK ITEM: Yes DEPARTMENT: Public Libraries
TIME APPROXIMATE: STAFF CONTACT: Kimberly Matthews (305) 292-4540
N/A
AGENDA ITEM WORDING: Approval of filing of a grant application and agreement for State
Aid to Libraries from the Florida Department of State, Division of Library and Information Services,
and execution of same by the County Administrator.
ITEM BACKGROUND: This is an annual application process to receive State Financial Aid for
the Monroe County Library System.
PREVIOUS RELEVANT BOCC ACTION:
10/21/2020 —BOCC approved prior application (Agenda Item Doc ID 7303)
10/16/2019- BOCC approved prior application (Agenda Item Doc ID 6151)
10/18/2017—BOCC approved prior application (Agenda Item Doc ID 3444)
9/21/2016—BOCC approved prior application (Agenda Item Doc ID 2065)
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
StateAidToLibrariesGrantAgreement FY22
FINANCIAL IMPACT:
Effective Date: Jan 1, 2022
Expiration Date: Dec 31, 2022
Total Dollar Value of Contract: NA
Packet Pg. 169
D.6
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant: Yes
County Match: None
Insurance Required: NA
Additional Details:
REVIEWED BY:
Norma Kula Skipped 09/24/2021 2:04 PM
Kimberly Matthews Completed 09/24/2021 2:08 PM
Jim Molenaar Completed 09/29/2021 8:26 AM
Pedro Mercado Skipped 09/24/2021 4:24 PM
Purchasing Completed 09/29/2021 9:42 AM
Budget and Finance Completed 10/04/2021 8:21 AM
Maria Slavik Completed 10/04/2021 8:34 AM
Liz Yongue Completed 10/04/2021 11:04 AM
Board of County Commissioners Pending 10/20/2021 9:00 AM
Packet Pg. 170
D 6.a
22-ST-35
Monroe County Public Library System
STATE AID TO LIBRARIES GRANT
AGREEMENT BETWEEN
THE STATE OF FLORIDA, DEPARTMENT OF STATE
AND
Monroe County Board of County Commissioners for and on behalf of Monroe County
Public Library System y
This Agreement is by and between the State of Florida, Department of State, Division of Library and Information 2
Services, hereinafter referred to as the"Division," and the Monroe County Board of County Commissionersfor and j
on behalf of Monroe County Public Library System, hereinafter referred to as the "Grantee." 0
The Grantee has submitted an application and has met all eligibility requirements and has been awarded a State Aid to
Libraries Grant(CSFA 45.030)by the Division in the amount specified on the"Fiscal Year 2021-22 State Aid to
Libraries Final Grants"document(which is incorporated as part of this Agreement and entitled Attachment B). The U)
Division has the authority to administer this grant in accordance with Section 257, Florida Statutes. By reference, the N
application and any approved revisions are hereby made a part of this agreement. >-
In consideration of the mutual covenants and promises contained herein, the parties agree as follows:
1. Grant Purpose. This grant shall be used exclusively for the"State Aid to Libraries Grant,"the public purpose
for which these funds were appropriated.
a) The Grantee shall perform the following Scope of Work:
m
In accordance with Sections 257.17-257.18, Florida Statutes, the Grantee shall receive a grant amount 2
that is calculated and based upon local funds expended during the second preceding fiscal year for the
operation and maintenance of the library. For this grant, the local expenditures shall have been made
during the period October 1, 2019 - September 30, 2020.
e(
In order to be eligible to receive the grant funding, the Grantee shall manage or coordinate free library U)
service to the residents of its legal service area for the period October 1, 2019 through June 30, 2022.
The Grantee shall:
E
o Have a single administrative head employed full time by the library's governing body;
o Provide free library service, including loaning materials available for circulation free of charge and
providing reference and information services free of charge;
o Provide access to materials, information and services for all residents of the area served; and
o Have at least one library, branch library or member library open 40 hours or more each week
(excluding holidays or emergencies;between Sunday through Saturday, on a schedule determined
by the library system) during the length of the agreement.
Page: 1
Suate Ak!to 1 bnmies in nt greemont ff°onn D S SA02)
Charnel 111-1011f r}f€a},fd ric',...'r(,!nfnNtr.�tiv s cK!C,1tlinr ive 03-020
Packet Pg. 171
D 6.a
b) The Grantee agrees to provide the following Deliverables related to the Scope of Work for payments to
be awarded.
Payinent 1,Deliverable/Task 1
Payrrent will be a fixed price in the atmunt of 100%of the grant award for the period October 1,2019 through June 30,2022.
The Grantee will:
o Have expended funds to provide free library service during the period October 1, 2019 - September
30, 2020; E
Q
o Provide an Expenditure Report and certification of Local Operating Expenditures for the period
October 1, 2019 - September 30, 2020 only; <C
o Provide documentation showing that at least one library, branch library or member library is open 0)
40 hours or more each week(excluding holidays or emergencies; between Sunday through 2
Saturday, on a schedule determined by the library system) during the length of the agreement; _2
o Provide the Certification of Credentials for the Single Administrative Head; and c
o Provide a Certification of Hours, Free Library Service and Access to Materials.
�C
c) Grant funds shall be used for the operation and maintenance of the library. The allowable budget U
categories are:Personnel Services (salaries, wages, and related employee benefits provided for all
persons employed by the reporting entity whether on full-time, part-time, temporary, or seasonal basis);
Operating Expenses (expenditures for goods and services which primarily benefit the current period and
are not defined as personal services or capital outlays); Non-Fixed Capital Outlay(outlays for the °)
acquisition of or addition to fixed assets); and Other(other operating expenditure categories in the library
budget).
2. Length of Agreement. This Agreement covers the period of October 1, 2019 to June 30, 2022, unless 2
terminated in accordance with the provisions of Section 28 of this Agreement. This period begins with the start
of the Grantee's second preceding fiscal year(October 1, 2019) and concludes with the end of the State of
Florida's current fiscal year(June 30, 2022). -2
0
3. Expenditure of Grant Funds. Grant funds will be used to reimburse a portion of local funds expended by the
Grantee during their second preceding fiscal year(October 1, 2019— September 30, 2020) for the operation
and maintenance of a library and shall not exceed the amount specified in Attachment B. v)
4. Contract Administration. The parties are legally bound by the requirements of this agreement. Each party's E
contract manager, named below, will be responsible for monitoring its performance under this Agreement and U
will be the official contact for each parry. Any notice(s) or other communications in regard to this agreement
shall be directed to or delivered to the other party's contract manager by utilizing the information below. Any
change in the contact information below should be submitted in writing to the contract manager within 10 days
of the change.
For the Division of Library and Information Services:
Marian Deeney, Library Program Administrator
Page:2
Stsate Ak!to 1 bnmies in nt greemont ff°onn D S SA02)
Charnel 111-1011f r}f€a},fd ric'!.a A(,!nfnNtr.�tiv s cK!C,1tlinr ive 03-020
Packet Pg. 172
D 6.a
Florida Department of State
R.A. Gray Building
Mail Station#9D
500 South Bronough Street
Tallahassee, FL 32399-0250
Phone: 850.245.6620
Email:marian.deeney@dos.myflorida.com
For the Grantee:
Anne Rice Q
Monroe County Public Library System
700 Fleming Street Key West Florida 33040
Phone:305.292.3594 �
Email: Rice-Anne@monroecounty-fl.gov 2
0
5. Grant Payments. the total grant award shall not exceed the amount specified on the"Fiscal Year 2021-22 State Aid to Libraries :2
Final Grants"document(Attachment B),which shall be paid by the Division in consideration for the Grantee's mininiumperformance as
set forth by the terms and conditions of this Agreement.Payment will be a fixed price in the amount of 100%of the grant award as
specified in Attachment B.Payn-rnt will be made in accordance with the completion of the Deliverables. U)
N
N
6. Electronic Payments. The Grantee can choose to use electronic funds transfer(EFT) to receive grant U-
payments. All grantees wishing to receive their award through EFT must submit a Vendor Direct Deposit
Authorization form(fonnn nber DFS-Al-26E,rev 6/2014),incorporated by reference, to the Florida Department of E
Financial Services. If EFT has already been set up for your organization, you do not need to submit another
authorization form unless you have changed bank accounts. To download this form visit
e(
myfloridacfo.com/Division/AA/Fomis/DFS-Al-2-6E.pdf. The form also includes tools and information that
allow you to check on payments. t2
m
7. Florida Substitute Form W-9. A completed Substitute Form W-9 is required from any entity that receives a 2
payment from the State of Florida that may be subject to 1099 reporting. The Department of Financial Services
(DFS)must have the correct Taxpayer Identification Number(TIN) and other related information in order to
report accurate tax information to the Internal Revenue Service(IRS). To register or access a Florida Substitute
e(
Form W-9 visit flvendor. voridacfo.com/. A copy of the Grantee's Florida Substitute Form W-9 must
be submitted by the Grantee to the Division before or with the executed Agreement.
8. Financial Consequences. The Department shall apply the following financial consequences for failure to
perform the minimum level of services required by this Agreement in accordance with Sections 215.971 and
287.058, Florida Statutes:
The Department shall require the return of the award in a prorated amount based upon the percentage of time
that the library failed to perform the minimum level of services. The prorated reduction will be in the same
percentage as the percentage of time that the library was not providing minimum level of services.
9. Credit Line(s)to Acknowledge Grant Funding. The Division requires public acknowledgement of State Aid
Page:3
Suate Ak!to 1 bnmies OnInt greemont ff°onn D S SA02)
Charnel 111-1011f r}f€a},H ric'!.a A(,!nfnNtr.�tiv s cK!C,1tlinr ive o:,-020
Packet Pg. 173
D 6.a
to Libraries Grant funding for activities and publications supported by grant funds. Any announcements,
information, press releases, publications, brochures, videos, webpages, programs, etc. created as part of a
State Aid to Libraries Grant project must include an acknowledgment that State Aid to Libraries Grant funds
were used to create them.
Use the following text:
"This project has been funded under the provisions of the State Aid to Libraries Grant program, administered
by the Florida Department of State's Division of Library and Information Services."
E
10. Grant Expenditures. The Grantee agrees to expend all grant funds received under this agreement solely for
the purposes for which they were authorized and appropriated. Expenditures shall be in compliance with the
state guidelines for allowable project costs as outlined in the Department of Financial Services' Reference
Guide for State Expenditures (as oflanuary2020),incorporated byreference,which are available online at
htWs:// .myfloridacfo.com/division/aa/manuals/doc ents/ReferenceGuideforStateExpendi es.pdf.
0
Grant funds may not be used for the purchase or construction of a library building or library quarters.
11. Travel Expenses. The Grantee must pay any travel expenses, from grant or local matching funds, in U
accordance to the provisions of Section 112.061, Florida Statutes. ci
N
12. Unobligated and Unearned Funds and Allowable Costs. In accordance with Section 215.971, Florida
Statutes, the Grantee shall refund to the State of Florida any balance of unobligated funds which has been E
advanced or paid to the Grantee. In addition, funds paid in excess of the amount to which the recipient is
entitled under the terms and conditions of the agreement must be refunded to the state agency. Further, the
e(
recipient may expend funds only for allowable costs resulting from obligations incurred during the specified r-
agreement period. Expenditures of state financial assistance must be in compliance with the laws, rules and t2
regulations applicable to expenditures of State funds as outlined in the Department of Financial Service's
Reference Guide for State Expenditures (as of January 2020)
(lh!Ws://www.myfloridacfo.com/division/aa/manuals/documents/ReferenceGuideforStateExpenditures.pdf),
incorporated by reference. 0
13. Repayment. All refunds or repayments to be made to the Department under this agreement are to be made
payable to the order of"Department of State" and mailed directly to the following address: Florida Department )
of State, Attention: Marian Deeney, Division of Library and Information Services, 500 South Bronough Street,
Mail Station#91), Tallahassee, FL 32399. In accordance with Section 215.34(2), Florida Statutes, if a check or W
other draft is returned to the Department for collection, Recipient shallpay to the Department a service fee of
$15.00 or five percent(5%) of the face amount of the returned check or draft, whichever is greater.
e(
14. Single Audit Act. Each Grantee, other than a Grantee that is a State agency, shall submit to an audit pursuant
to Section 215.97, Florida Statutes. See Attachment A for additional information regarding this requirement. If a
Grantee is not required by law to conduct an audit in accordance with the Florida Single Audit Act because it
did not expend at least$750,000 in state financial assistance, it must submit a Financial Report on its operations
pursuant to Section 218.39, Florida Statutes within nine months of the close of its fiscal year.
Page:4
Suate Ak!to 1 bnmies OnInt greemont ff°onn N S SA02)
Charnel 111-1011f r}f€a},H ric',...'r(,!nfnNtr.�tiv s cK!C,1tlinr ive 03-020
Packet Pg. 174
D 6.a
15. Retention of Accounting Records. Financial records, supporting documents, statistical records and all other
records, including electronic storage media pertinent to the Project, shallbe retained for a period of five(5)
fiscal years after the close out of the grant and release of the audit. If any litigation or audit is initiated or claim
made before the expiration of the five-year period, the records shallbe retained for five fiscal years after the
litigation, audit or claim has been resolved.
16. Obligation to Provide State Access to Grant Records. The Grantee must make all grant records of
expenditures, copies of reports, books, and related documentation available to the Division or a duly authorized
representative of the State of Florida for inspection at reasonable times for the purpose of making audits,
examinations, excerpts and transcripts.
17. Obligation to Provide Public Access to Grant Records. The Division reserves the right to unilaterally
cancel this Agreement in the event that the Grantee refuses public access to all documents or other materials
made or received by the Grantee that are subject to the provisions of Chapter 119, Florida Statutes, known as 2
the Florida Public Records Act. The Grantee must immediately contact the Division's Contract Manager for
assistance if it receives a public records request related to this Agreement.
18. Noncompliance. Any Grantee that is not following Florida statutes or rules,the terms ofthe grant agreement,Florida Department of
State(DOS)policies and guidance,local policies,or other applicable law or that has not submitted required reports or satisfied other U)
administrative requirements for other Division of Library and Information Services grants or grants from any other DO S Division will be in ci
noncompliance status and subject to the DOS Grants Compliance Procedure.DOS Divisions include the Division ofArts and Culture,the
Division of Historical Resources,the Division of Elections and the Division of Library and Information Services.Grant compliance issues r_
must be resolved before a grant award agreement may be executed and before grant payments for any DOS grant may be released. W
E
19. Accounting Requirements. The Grantee must maintain an accounting system that provides a complete record
of the use of all grant funds as follows:
a) The accounting system must be able to specifically identify and provide audit trails that trace the receipt,
maintenance and expenditure of state funds; Z
b) Accounting records must adequately identify the sources and application of funds for all grant activities
and must classify and identify grant funds by using the same budget categories that were approved in the
grant application. If Grantee's accounting system accumulates data in a different format than the one in
the grant application, subsidiary records must document and reconcile the amounts shown in the
Grantee's accounting records to those amounts reported to the Division;
c) An interest-bearing checking account or accounts in a state or federally chartered institution may be used E
for revenues and expenses described in the Scope of Work and detailed in the Estimated Project Budget;
d) The name of the account(s) must include the grant award number;
e) The Grantee's accounting records must have effective control over and accountability for all funds,
property and other assets; and
f) Accounting records must be supported by source documentation and be in sufficient detail to allow for a
proper pre-audit and post-audit(such as invoices, bills and canceled checks).
Page:5
Suate Ak!to 1 bnmies in nt Agreemont ff°onn DI AS SA02)
Charnel II1-101 If r)f€a),fd ric'!.a A(,!nfnNtr.�tiv s A!C,Itlinr ive 03-020
Packet Pg. 175
D 6.a
20. Availability of State Funds. The State of Florida's performance and obligation to pay under this Agreement
are contingent upon an annual appropriation by the Florida Legislature. In the event that the state funds upon
which this Agreement is dependent are withdrawn, this Agreement will be automatically terminated and the
Division shall have no further liability to the Grantee beyond those amounts already expended prior to the
termination date. Such termination will not affect the responsibility of the Grantee under this Agreement as to
those funds previously distributed. In the event of a state revenue shortfall, the total grant may be reduced
accordingly.
21. Lobbying. The Grantee will not use any grant funds for lobbying the state legislature, the state judicial branch 0)
or any state agency. CD
2
22. Independent Contractor Status of Grantee. The Grantee, if not a state agency, agrees that its officers, v,
agents and employees, in performance of this Agreement, shall act in the capacity of independent contractors
and not as officers, agents or employees of the state. The Grantee is not entitled to accrue any benefits of state 2
employment, including retirement benefits and any other rights or privileges connected with employment by the
State of Florida. c
0
23. Grantee's Subcontractors.The Grantee shall be responsible for all work performed and all expenses incurred
in connection with this Agreement. The Grantee may subcontract, as necessary, to perform the services and to U)
provide commodities required by this Agreement. The Division shall not be liable to any subcontractor(s) for N
any expenses or liabilities incurred under the Grantee's subcontract(s), and the Grantee shall be solely liable to
its subcontractor(s) for all expenses and liabilities incurred under its subcontract(s). The Grantee must take the
necessary steps to ensure that each of its subcontractors will be deemed to be independent contractors and will 0)
not be considered or permitted to be agents, servants,joint venturers or partners of the Division.
24. Liability. The Division will not assume any liability for the acts, omissions to act or negligence of the Grantee, r-
its agents, servants or employees; nor may the Grantee exclude liability for its own acts, omissions to act or
negligence to the Division.
a) The Grantee shall be responsible for claims of any nature, including but not limited to injury, death and
property damage arising out of activities related to this Agreement by the Grantee, its agents, servants, 0
employees and subcontractors. The Grantee shall indemnify and hold the Division harmless from any
and all claims of any nature and shall investigate all such claims at its own expense. If the Grantee is
governed by Section 768.28, Florida Statutes, it shall only be obligated in accordance with this Section.
v)
b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign immunity or r-
increases the limits of its liability by entering into this Agreement. E
c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or cost of
collection related to this Agreement.
d) The Grantee shall be responsible for all work performed and all expenses incurred in connection with the
project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement,
including entering into subcontracts with vendors for services and commodities, provided that such
subcontract has been approved in writing by the Department prior to its execution and provided that it is
understood by the Grantee that the Department shall not be liable to the subcontractor for any expenses
Page:6
Suate Ak!to 1 bnmies OnInt greemont ff°onn D S SA02)
Charnel 111-1011f r}f€a},H ric'!.a A(,!nfnNtr.�tiv s cK!C,1tlinr ive 03-020
Packet Pg. 176
D 6.a
or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor
for all exp ens es and liabilities incurred under the subcontract.
25. Strict Compliance with Laws. The Grantee shall perform all acts required by this Agreement in strict
conformity with all applicable laws and regulations of the local, state and federal law. For consequences of
noncompliance, see Section 18, Noncompliance.
26. No Discrimination. The Grantee may not discriminate against any employee employed under this Agreement
or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap,
E
pregnancy or marital status. The Grantee shall insert a similar provision in all of its subcontracts for services
under this Agreement.
m
27. Breach of Agreement. The Division will demand the return of grant funds already received, will withhold
subsequent payments and/or will terminate this agreement if the Grantee improperly expends and manages grant -2
funds; fails to prepare, preserve or surrender records required by this Agreement; or otherwise violates this J
Agreement.
�C
28. Termination of Agreement. The Division will terminate or end this Agreement if the Grantee fails to fulfill its
obligations herein. In such event, the Division will provide the Grantee a notice of its violation by letter and shall
give the Grantee fifteen(15) calendar days from the date of receipt to cure its violation. If the violation is not
cured within the stated period, the Division will terminate this Agreement. The notice of violation letter shall be
delivered to the Grantee's Contract Manager, personally, or mailed to his/her specified address by a method
that provides proof of receipt. In the event that the Division terminates this Agreement, the Grantee will be E
compensated for any work completed in accordance with this Agreement prior to the notification of termination
if the Division deems this reasonable under the circumstances. Grant funds previously advanced and not
e(
expended on work completed in accordance with this Agreement shall be returned to the Division, with interest,
within thirty (30) days after termination of this Agreement. The Division does not waive any of its rights to t2
additional damages if grant funds are returned under this Section.
29. Preservation of Remedies. No delay or omission to exercise any right, power or remedy accruing to either
party upon breach or violation by either party under this Agreement shall impair any such right, power or
remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default
or any similar breach or default .�
30. Non-Assignment of Agreement. The Grantee may not assign, sublicense or otherwise transfer its rights,
duties or obligations under this Agreement without the prior written consent of the Division, which shall not E
unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the
project. If the Division approves a transfer of the Grantee's obligations, the Grantee shall remain liable for all
work performed and all expenses incurred in connection with this Agreement. In the event the Legislature
transfers the rights, duties and obligations of the Division to another governmental entity, pursuant to Section
20.06, Florida Statutes or otherwise, the rights, duties and obligations under this Agreement shall be
transferred to the succeeding governmental agency as if it was the original party to this Agreement.
31. Required Procurement Procedures for Obtaining Goods and Services. The Grantee shall provide
Page:7
Suate Ak!to 1 bnm,ies in nt greemont ff°onn D S SA02)
Charnel 111-1011f r}f€a},H ric'!.a A(,!nfnNtr.�tiv s cK!C,1tlinr ive 03-020
Packet Pg. 177
D 6.a
maximum open competition when procuring goods and services related to the grant-assisted project in
accordance with Section 287.057, Florida Statutes.
a) Procurement of Goods and Services Not Exceeding $35,000. The Grantee must use the applicable
procurement method described below:
1. Purchases Up to $2,500:Procurement of goods and services where individual purchases do not
exceed $2,500 do not require competition and may be conducted at the Grantee's discretion.
2. Purchases or Contract Amounts Between$2,500 and $35,000: Goods and services costing
between$2,500 and $35,000 require informal competition and may be procured by purchase order, 0)
acceptance of vendor proposals or other appropriate procurement document.
e(
b) Procurement of Goods and Services Exceeding $35,000. Goods and services costing over$35,000 may
be procured by either Formal Invitation to Bid, Request for Proposals or Invitation to Negotiate and may
be procured by purchase order, acceptance of vendor proposals or other appropriate procurement
document. 0
32. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest
described in Sections 112.311 through 112.326, Florida Statutes and affirms that it will not enter into or
maintain a business or other relationship with any employee of the Department of State that would violate those
provisions. The Grantee further agrees to seek authorization from the General Counsel for the Department of
State prior to entering into any business or other relationship with a Department of State Employee to avoid a u-
potential violation of those statutes.
E
33. Binding of Successors. This Agreement shall bind the successors, assigns and legal representatives of the
Grantee and of any legal entity that succeeds to the obligations of the Division of Library and Information
Services. 2
C7
m
34. Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Grantee is considered a �
violation of Section 274A(a) of the Immigration and Nationality Act(8 USC 1324(a) (as of April 2019)), _2
incorporated by reference. If the Grantee knowingly employs unauthorized aliens, such violation shall be cause
for unilateral cancellation of this Agreement. a
e(
35. Severability. If any term or provision of the Agreement is found to be illegal and unenforceable, the remainder
will remain in full force and effect, and such term or provision shall be deemed stricken.
m
36. Americans with Disabilities Act. Allprograms and facilities related to this Agreement must meet the
standards of Sections 553.501-553.513, Florida Statutes and the Americans with Disabilities Act of
1990 (ada.ovov(as of January 2020)), incorporated by reference).
37. Governing Law. This Agreement shallbe construed, performed and enforced in allrespects in accordance
with the laws and rules of Florida. Venue or location for any legal action arising under this Agreement will be in
Leon County, Florida.
Page:8
Suate Ak!to 1 bnmies OnInt greemont ff°onn D S SA02)
Charnel 111-1011f r}f€a},H ric'!.a A(,!nfnNtr.�tiv s cK!C,1tlinr ive 03-020
Packet Pg. 178
D 6.a
38. Entire Agreement. The entire Agreement of the parties consists of the following documents:
a) This Agreement
b) Florida Single Audit Act Requirements (Attachment A)
c) Fiscal Year 2021-22 State Aid to Libraries Final Grants (Attachment B)
The Grantee hereby certifies that they have read this entire Agreement and will comply with all of its
requirements.
Grantee: Department of State
By. By c
Chair of Governing Body or Chief Executive Officer :2
Amy L. Johnson, Director
Division of Library and Information Services
Department of State, State of Florida
Typed name and title
E
Date Date
0
Clerk or Chief Financial Officer Witness
v)
Typed name and title Date
e(
Date
Page:9
Suate Ak!to 1 bnmies in nt greemont ff°onn D S SA02)
Charnel 111-1011f r}f€a},H ric',...'r(,!nfnr,tr.�tiv s cK!C,1tlinr ive 03-020
Packet Pg. 179
D 6.a
ATTACHMENT A
FLORIDA SINGLE AUDIT ACT REQUIREMENTS
AUDIT REQUIREMENTS
The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or
monitoring by the Department of State as described in this Addendum to the Grant Award Agreement.
E
Monitoring
In addition to reviews of audits conducted in accordance with 2 CFR 200, Subpart F -Audit Requirements, and 2
section 215.97, Florida Statutes (F.S.), as revised (see Audits below), monitoring procedures may include, but not _2
be limited to, on-site visits by Department of State staff, limited scope audits as defined by 2 CFR 2 §200.425, or 0
other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring -2
procedures/processes deemed appropriate by the Department of State. In the event the Department of State
determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional M
instructions provided by the Department of State staff to the recipient regarding such audit. The recipient further U)
agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the �
Chief Financial Officer(CFO) or Auditor General. >'
u_
Audits E
Part I: Federally Funded
This part is applicable if the recipient is a state or local government or a nonprofit organization as defined in 2 CFR
§200.90, §200.64, and §200.70. '
1. A recipient that expends $750,000 or more in federal awards in its fiscal year must have a single or program-
specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements.
Exhibit 1 to this agreement lists the federal resources awarded through the Department of State by this
agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources
of federal awards, including federal resources received from the Department of State. The determination of v)
amounts of federal awards expended should be in accordance with the guidelines established by 2 CFR
200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2
CFR 200.514, will meet the requirement of this Part.
2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to
auditee responsibilities as provided in 2 CFR 200.508-512.
3. A recipient that expends less than$750,000 in federal awards in its fiscal year is not required to have an audit
conducted in accordance with the provisions of 2 CFR 200, subpart F -Audit Requirements. If the recipient
expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted in
accordance with the provisions of 2 CFR 200, subpart F -Audit Requirements, the cost of the audit must be
Page: 10
Suate Ak!to 1 bnmies in nt greemont ff°onn D S SA02)
Charnel 111-1011f r}f€a},fd ric',...'r(,!nfnNtr.�tiv s cK!C,1tlinr ive 03-020
Packet Pg. 180
D 6.a
paid from non-federal resources (i.e. the cost of such an audit must be paid from recipient resources obtained
from other than federal entities).
Part IL• State Funded
This part is applicable if the recipient is a nonstate entity as defined by section 215.97(2)F.S.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$750,000 in any fiscal year of such recipient(for fiscal years ending June 30, 2017 and thereafter), the recipient r_
must have a state single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S. ; E
Rule Chapter 69I-5 F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) and
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement
indicates state financial assistance awarded through the Department of State by this agreement. In determining
the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial
assistance, including state financial assistance received from the Department of State, other state agencies, and _2
other nonstate entities. State financial assistance does not include federal direct or pass-through awards and J
resources received by a nonstate entity for federal program matching requirements.
�C
2. For the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies
with the requirements of Section 215.97(8), F.S. This includes submission of a financial reporting package as U)
defined by Section 215.97(2)F.S. , and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and N
for-profit organizations), Rules of the Auditor General.
u_
3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal years ending
June 30, 2017 and thereafter), an audit conducted in accordance with the provisions of Section 215.97, F.S., is 0)
not required. In the event that the recipient expends less than$750,000 in state financial assistance in its fiscal
year and elects to have an audit conducted in accordance with the provisions of Section 215.97, F.S., the cost
of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from
the recipient's resources obtained from other than State entities).
m
The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this 2
agreement and the interpretation of compliance issues. J
0
State of Florida Department Financial Services (Chief Financial Officer)
htW://www.mvfloridacfo.com/
State of Florida Legislature(Statutes, Legislation relating to the Florida Single Audit Act) U;
hM2://www.leg.state.fl.us/
Part III: Report Submission
1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F -Audit
Requirements, and required by PART I of this agreement shall be submitted, when required by 2 CFR 200.512,
by or on behalf of the recipient directly to each of the following:
A. The Department of State via the DOS Grants System ath 4 s0dosWants.com
B. The Federal Audit Clearinghouse(FAC) as provided in 2 CFR 200.6 and section 200.512
Page:11
Suate Ak!to 1 bnmies in nt greemont ff°onn D S SA02)
Charnel 111-1011f r}f€a},fd ric',...'r(,!nfnNtr.�tiv s cK!C,1tlinr ive 03-020
Packet Pg. 181
D 6.a
The FAC's website prides a data entry system and required forms for submitting the single audit reporting
package. Updates to the location of the FAC and data entry system may be found at the OMB website.
2. Copies of financial reporting packages required by PART 11 of this agreement shall be submitted by or on behalf
of the recipient directly to each of the following:
A. The Department of State via the DOS Grants System athw s:///dosgants.com.
B. The Auditor General's Office at the following address: E
Auditor General
Local Government Audits/342
e(
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, Florida 32399-1450 -2
3. Any reports, management letter, or other information required to be submitted to the Department of State 0
pursuant to this agreement shallbe submitted timely in accordance with 2 CFR 200.512, section 215.97 F.S. and
Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General, as applicable.
4. Recipients, when submitting financial reporting packages to the Department of State for audits done in ci
accordance with 2 CFR 200, Subpart F -Audit Requirements or Chapters 10.550 (local governmental entities)
and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that
the reporting package was delivered to the recipient in correspondence accompanying the reporting package. W
E
Q
2
Part IV: Record Retention
1. The recipient shall retain sufficient records demonstrating its compliance with the terms of the award(s) and this
agreement for a period of five years from the date the audit report is issued, and shall allow the Department of
State, or its designee, the CFO, or Auditor General access to such records upon request. The recipient shall
ensure that audit working papers are made available to the Department of State, or its designee, the CFO, or _2
Auditor General upon request for a period of at least three years from the date the audit report is issued, unless 0
extended in writing by the Department of State.
�C
Page: 12
Suate Ak!to 1 bnmies in nt greemont ff°onn N S SA02)
Charnel 111-1011f r}f€a},H ric'!.a A(,!nfnNtr.�tiv s cK!C,1tlinr ive 03-020
Packet Pg. 182
D 6.a
EXHIBIT - I
FEDERAL RESOURCES AWARDED TO THE RECIPIENT
PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Not applicable.
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: m
0)
Not applicable. 2
STATE RESOURCES AWARDED TO THE RECIPIENT
PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
0
Not applicable.
SUBJECT TO SECTION 215.97,FLORIDA STATUTES:
Florida Department of State, State Aid to Libraries;
CSFA Number. 45.030 U-
Award Amount: See Attachment B.
m
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED CD
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
The compliance requirements of this state project may be found in Part Four(State Project Compliance 2
Requirements) of the State Projects Compliance Supplement located at hulas://a-oas.fldfs.com/fsaa/.
0
Page:13
Suate Ak!t,1 1>r r s(in nt greemont f f°onn D S O A02)
Charnel 111-1011f r}f€a},fd ric'!.a A(,!nfnNtr.�tiv s cK!C,1tlinr ive 03-020
Packet Pg. 183
D 6.a
ATTACHMENT B
Fiscal Year 2021-22 State Aid to Libraries Final Grants
0
N
N
CD
u
Page: 14
Suate Ak!t,1 1>r r s n nt greemont f f°onn D S O A02)
Charnel 111-2,011f r}f€a},fd ric'!.a A(,!nfnNtr.�tiv s c,C', ,1tlinr ive 03-020
Packet Pg. 184