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Item U3 U.3 County �� � .�� �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 November 17, 2021 Agenda Item Number: U.3 Agenda Item Summary #9905 BULK ITEM: No DEPARTMENT: Public Libraries TIME APPROXIMATE: STAFF CONTACT: Kimberly Matthews (305) 292-4540 Not applicable AGENDA ITEM WORDING: Approval of revenue grant agreement with the Florida Department of Library and Information Services to approve the expenditure of $975,469 in ARPA funds to extend library technology to all Monroe County Public Library branches and add two library vending devices. ITEM BACKGROUND: This item approves a grant agreement between Monroe County and the State of Florida, Department of State, Division of Library and Information Services for expenditure of $975,469 of American Rescue Plan Act funds to expand and add library technology throughout Monroe County Public Library system. Background: The DLIS Florida American Rescue Plan Act Grant Program (ARPA) supports libraries in helping communities respond directly and immediately to the pandemic, as well as to related economic and community needs through equitable approaches in digital inclusion and library services. This Agreement is by and between the State of Florida, Department of State, Division of Library and Information Services, hereinafter referred to as the "Division," and the Monroe County Board of County Commissioners for and on behalf of Monroe County Public Library System hereinafter referred to as the "Subgrantee." The Subgrantee has met all eligibility requirements and has been awarded a DLIS Florida American Rescue Plan Act(ARPA) Grant (CFDA 45.310) by the Division: project number 21-ARPA-22 for the project"Monroe CountyARPA" in the amount of$975,469. Federal funds are provided through the Library Services and Technology Act under Florida's long-range plan approved by the Institute of Museum and Library Services. State of Florida authority for this grant has been appropriated in the FY 2021-2022 General Appropriations Act. PREVIOUS RELEVANT BOCC ACTION: Not applicable CONTRACT/AGREEMENT CHANGES: N/A -New Grant Agreement Packet Pg. 1829 U.3 STAFF RECOMMENDATION: Approval DOCUMENTATION: 21-ARPA-22 Monroe County Public Library System Monroe County ARPA Award Letter Monroe—ARPA Grant Agreement Signed by MC Legal FINANCIAL IMPACT: Effective Date: Upon execution Expiration Date: September 30, 2022 Total Dollar Value of GRANT:$975,469 Total Cost to County: None Current Year Portion: 100% Budgeted: Yes Source of Funds: ARPA Funds CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: None Revenue Producing: Yes If yes, amount: $975,469 Grant: Yes County Match: N/A Insurance Required: No Additional Details: REVIEWED BY: Norma Kula Skipped 10/28/2021 11:03 AM Kimberly Matthews Completed 11/04/2021 4:26 PM Jim Molenaar Completed 11/08/2021 10:55 AM Purchasing Completed 11/08/2021 11:47 AM Budget and Finance Completed 11/09/2021 11:35 AM Maria Slavik Completed 11/09/2021 11:41 AM Liz Yongue Completed 11/09/2021 1:17 PM Board of County Commissioners Pending 11/17/2021 9:00 AM Packet Pg. 1830 U.3.a W ,r.rt,p x y5i 4® FLORIDA DEPARTMENT Of STATE N RON DESANTIS LAUREL M. LEE Governor Secretary of State October 27,2021 0 0 Ms.Kimberly Matthews, Sr. Director of Strategic Planning&Libraries Monroe County Public Library System 700 Fleming Street Key West,Florida 33040 CL Dear Ms. ewsw x P1 Subject: Fiscal Year 2021-22 DLIS Florida ':American Rescue Plan Act(ARPA)Grant Awards U The Division of Library and Information Services has determined grant awards under the DLIS Florida American Rescue Plan Act(ARPA)for fiscal year 2021-22. I am pleased to inform you that your project, Monroe County ARPA,21-ARPA-22,was funded at$975,469. The Division will send the Notification of Grant Award shortly. If there are any changes in funding y amounts,budgets or activities in comparison to the original application,an Application Change Request for the project must be completed and submitted before the grant agreement can be completed. LN As a reminder,grant and matching funds can now be obligated or expended any time during the grant period September 3,2021 —September 30 2022 but no payments may be requested until the grant _ � agreements are signed by all parties. In addition,the Division will provide training regarding new grant administration requirements on November 17,2021.Further information will be forthcoming. c 0 U If you have questions,please contact David Beach at david.beach@dos.myflorida.com or 850.245.6630. 0 acerely, o ...... CL si yr L.JOhAs sn CL Director ALJ/jkn cc: Anne Rice,Project Manager,Monroe County Public Library System Marian Deeney,Liaison Consultant,Division of Library and Information Services Division of Library and Information Services R.A. Gray Building s 500 South Bronough Streets Tallahassee, Florida 32399 850.245.6600 s 850.245.6735 (Fax) s info.florida.gov Packet Pg. 1831 U.3.b PROJECT NUMBER 21-ARPA-22 DLIS FLORIDA AMERICAN RESCUE PLAN ACT GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF STATE y AND Monroe County Board of County Commissioners for and on behalf of Monroe County IL Public Library System N This Agreement is by and between the State of Florida, Department of State, Division of Library and Information >% Services, hereinafter referred to as the"Division," and the Monroe County Board of County Commissioners for and cu on behalf of Monroe County Public Library System hereinafter referred to as the"Subgrantee." v) The Subgrantee has met all eligibility requirements and has been awarded a DLIS Florida American Rescue Plan Act :3 (ARPA) Grant(CFDA 45.310)by the Division:project number 21-ARPA 22 for the project"Monroe County a ARPA" in the amount of$975,469. Federal funds are provided through the Library Services and Technology Act r under Florida's long-range plan approved by the Institute of Museum and Library Services. State of Florida authority for this grant has been appropriated in the FY 2021-2022 General Appropriations Act. The Division, as administrator of federal funds in accordance with Section 257.12, Florida Statutes, has the authority to administer this grant. By >, reference, the 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: U) I. Grant Purpose. This grant shall be used exclusively for the"Monroe County ARPA,"the public purpose for W which these funds were awarded: m a) The Subgrantee shallperform the following Scope of Work: Monroe County Public Library will innovate, adapt and serve a post-COVID reality where our 2 community struggles daily with the ongoing concern of resurgences and actively prefers services to socially distance and maintain control of when and how they interact with others. As a result, we require a suite of technology and equipment solutions for our patrons to confidently access their library services eti while expanding their access to digital, print and online information services. r_ c This project will support a system-wide replacement of public computing systems and integration of COVID-respectful technology and alternative delivery systems. This includes replacement of laptops and desktop PCs, tablet stations, self-checkout, outdoor lockers for 24/7 hold pickup, contact-free retrieval of DVDs and retrospective conversion of the library collection to RFID. In addition, library services will be expanded to underserved areas of the county via self-service options. e( All tasks associated with this project, will be performed by September 30, 2022. Page: 1 Packet Pg. 1832 U.3.b b) The Subgrantee agrees to provide the following Deliverables related to the Scope of Work for payments to be awarded. Paymentype Payment # T Deliverable Description Documentation Amount 1 Fixed Monroe County Public Library To document evidence of completion $243,867 Price System will have: 1. Purchased of the deliverables Monroe County , and installed four firewalls. 2. Public Library System will provide: 1. Purchased RFID tags for books Invoices for specified purchases. 2. and DVDs. 3. Purchased eight Verification of installation of firewalls. N RFID Retro Plate Readers. cv 2 Fixed Monroe County Public Library To document evidence of completion $243,867 Price System will have: 1. Purchased of the deliverables Monroe County and installed Envisionware at Public Library System will provide t7 each branch. 2. Purchased nine invoices for specified purchases. v) Desktop PCs for four locations. 3 Fixed Monroe County Public Library To document evidence of completion $243,867 C Price System will have: 1. Purchased of the deliverables Monroe County four Tablet Stations. 2. Public Library System will provide Purchased 60 laptops for four invoices for specified purchases. locations. 3. Purchased four -� laptop charging stations. U) 4 Fixed Monroe County Public Library To document evidence of completion $194,098 Price System will have: 1. Purchased of the deliverables Monroe County °i E and installed four Media Boxes. Public Library System will provide: 1. 2. Purchased and installed four Invoices for specified purchases. 2. 24/7 Hold Lockers. 3. Purchased Photos of installations of Media and installed two 24 hour library Boxes, Hold Lockers and 24 hour 2 stations. library stations. e( 5 Fixed Monroe County Public Library To document evidence of completion $49,770 Price System will have completed in- of the deliverable Monroe County house retrospective conversion to Public Library System will provide a 2 RFID for at least half of the comprehensive report on the c collection. conversion process. Totals $975,469 c) The Subgrantee has provided an Estimated Project Budget(which is incorporated as part of this Agreement and titled Attachment A). All expenditures for this agreement shall be in accordance with this budget. Page:2 Packet Pg. 1833 U.3.b 2. Length of Agreement.This Agreement shall begin on September 3, 2021 and shall end September 30, 2022 unless terminated in accordance with the provisions of Section 38 of this Agreement. 3. Expenditure of Grant and Matching Funds. The Subgrantee shall only obligate or expend grant or matching funds during the length of the agreement. No costs incurred after the ending date of the Agreement or other termination of the Agreement shall be allowed. 4. Contract Administration. The parties are legally bound by the requirements of this agreement. Each parry's contract manager, named below, will be responsible for monitoring its performance under this Agreement and CL will be the official contact for each parry. Any notice(s) or other communications in regard to this agreement et shall be directed to or delivered to the other parry's contract manager by utilizing the information below. Any N change in the contact information below should be submitted in writing to the contract manager within 10 days N of the change. U- For the Division of Library and Information Services: v) David Beach, Library Program Specialist Florida Department of State 76 R.A. Gray Building 0 Mail Station#91) 500 South Bronough Street Tallahassee, Florida 32399-0250 Phone: 850.245.6630 -� Facsimile: 850.245.6643 Email: david.beach@dos.myflorida.com 'v) For the Subgrantee: Anne Rice, Monroe County Public Library System 700 Fleming Street Key West Florida 33040 2 Phone: C7 Email:Rice-Anne@monroecounty-fl.gov CL e( i 5. Grant Payments. All grant payments are requested by submitting a Payment Request. Payment Requests and supporting documentation must be submitted on the DOS Grants System at dosg[ants.com. The total grant r- 0 award shall not exceed $975,469 which shall be paid by the Division in consideration for the Subgrantee's minimum performance as set forth by the terms and conditions of this Agreement. The grant payment schedule is outlined below: E a) All payments will be made in the amounts identified with the Deliverables in Section 1 of this Agreement. e( b) All payments will be made in accordance with the completion of those Deliverables. 6. Electronic Payments. The Subgrantee can choose to use electronic funds transfer(EFT)to receive grant payments. All Subgrantees wishing to receive their award through EFT must submit a Vendor Direct Deposit Page:3 Packet Pg. 1834 U.3.b Authorization form(form number DFS-AI-26E rev 6/2014), incorporated by reference, to the Florida Department of 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 mvfloridacfo.com/Division/AA/Forms/DFS-A1-26E.pdf The form also includes tools and information that allow you to check on payments. 7. Florida Substitute Form W-9. A completed Substitute Form W-9 is required from any entity that receives a 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 CL report accurate tax information to the Internal Revenue Service(IRS). To register or access a Florida Substitute Form W-9 visit flvendor.myfloridacfo.com. If the Subgrantee has not previously submitted a copy of the Subgrantee's Florida Substitute Form W-9, a copy must be submitted with the executed Agreement. N 8. Changes to Project. Should the Subgrantee wish to make changes to the outcomes, Scope of Work, equipment to be purchased, key personnel, expenditures or deliverables, the Subgrantee must request t2 permission to revise the project. This is done by submitting a Change Request. Changes within a budget v) category that are more than ten percent(10%) of the award or that move funds from one budget category to another require submission of a Change Request. Approval must be obtained from the Division before the changes are implemented in the project. Approval will be granted for changes that are consistent with the intent of the approved application or prior Change Requests. Changes to the project must be requested using the Change Request in the DOS Grants System at dosQrants.com. 9. Amendment to Contract. Either party may request modification of the provisions of this Agreement by filing a Change Request with the Division. The Change Request must be submitted using the DOS Grants System at dosQrants.com. Changes that are agreed upon shall be valid only when amended in writing, signed by each of v) the parties and attached to the original of this Agreement. If changes are implemented without the Division's written approval, the organization is subject to noncompliance, the grant award is subject to partial or complete E refund to the State of Florida and this agreement is subject to termination. ' e( 10. 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: CL Payments will be withheld if the Deliverables identified in Section 1 of this Agreement are not satisfactorily Ym g Y 0 completed. 11. Grant Reporting Requirements. The Subgrantee must submit a Mid-Year Report on or by January 31, 2022. The Mid-Year report must be submitted using the DOS Grants System at dosgEants.com. At the E completion of the project, the Subgrantee must submit a Final Report on or by November 1, 2022. The Final Report must be submitted using the DOS Grants System at dosgEants.com. 12. Grant Completion Deadline. The grant completion deadline is September 30,2022.The Grant Completion Deadline is the date by which all grant and matching funds have been expended in accordance with the work described in the Scope of Work as detailed in the Estimated Project Budget. Page:4 Packet Pg. 1835 U.3.b 13. Acknowledgement of Grant Funding. Both the Institute of Museum and Library Services (IMLS) and the Division require public acknowledgement of DLIS Florida American Rescue Plan Act(ARPA)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 an ARPA project must include an acknowledgment that ARPA funds were used to create them. Use the following text: "This project was funded under the provisions of the DLIS Florida American Rescue Plan Act(ARPA) from the Institute of Museum and Library Services. Florida's DLIS Florida ARPA program is administered w by the Department of State's Division of Library and Information Services." N N Additionally, when the subgrantee issues statements, press releases, requests for proposals, bid solicitations and other documents describing the programs funded in whole or in part with federal money, all of the U- following must be clearly stated: 1. Percentage and dollar amount of the total costs of the program or project which will be financed with federal government money. 2. Percentage and dollar amount of the total costs of the project or program financed with state government 76 money. 3. Percentage and dollar amount of the total costs of the project or program financed with local government money. U 4. Percentage and dollar amount of the total costs of the program or project financed with other non- governmental money. 14. Grant Expenditures. The Subgrantee 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 0) state and federal guidelines for allowable project costs. State guidelines for allowable costs are outlined in the Department of Financial Services' Reference Guide for State Expenditures (as of January 2020), incorporated by reference, which are available online at htWs:// .myfloridacfo.com/division/aa/manuals/doc ents/ReferenceGuideforStateExpendi es.pdf. Federal guidelines for allowable costs can be found at gpo. og v/fdsys/pk /CFR-2014-title2-voll/pdf/CFR- t� 2014-title2-voll-part200-subpartE.pdf in 2 CFR Part 200, Subpart E— Cost Principles (as of September 2019), incorporated by reference. i In addition, the following are not allowed as grant expenditures: 2 0 a) Construction. Funds may not be used to build, remodel or expand library facilities. However, they may be used to retrofit a building to accommodate technologies (e.g., wiring). E b) Audits. If the Subgrantee's governing entity has received less than$750,000 in federal funds, ARPA funds may not be used to cover audit costs. c) Food. Although food may be served at a program being paid for with grant funds, the food may not be purchased with grant or matching funds. d) Motor vehicles. Grant funds may not be used for the purchase or continuous lease of motor vehicles. Page:5 Packet Pg. 1836 U.3.b 15. Travel Expenses. The Subgrantee must pay any travel expenses, from grant or local matching funds, in accordance to the provisions of Section 112.061, Florida Statutes. 16. Equipment Purchased With Grant Funding. Before the Subgrantee can purchase any equipment with a purchase price of more than$5,000 (per item), the Division must request approval from the Institute of Museum and Library Services. The Subgrantee will be notified once the approval has been obtained. 17. Unobligated and Unearned Funds and Allowable Costs. In accordance with Section 215.971, Florida ` Statutes, the Subgrantee shall refund to the State of Florida any balance of unobligated funds which has been CL advanced or paid to the Subgrantee. In addition, funds paid in excess of the amount to which the Subgrantee is et entitled under the terms and conditions of the agreement must be refunded to the state agency. Further, the Subgrantee may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. Expenditures of state and federal financial assistance must be in compliance with the laws, U- rules and regulations applicable to expenditures of funds. For state funds, guidelines for allowable costs are r- outlined in the Department of Financial Services' Reference Guide for State Expenditures (as of January 2020) htWs://www.myfloridacfo.com/division/aa/manuals/documents/ReferenceGuideforStateExpenditures.pdf), v) incorporated by reference. For federal funds, guidelines for allowable costs can be found gpo. og v/fdsys/pkg/CFR-2014-title2-vo11/pdf/CFR-2014-title2-voll-part200-subpartE.pdf in 2 CFR Part 200, Subpart E— Cost Principles (as of September 2019), incorporated by reference. 18. 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: David Beach, Library Program Specialist, 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 other draft is returned to the Department for collection, Subgrantee shallpay to U) 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 m 19. Single Audit Act. Each Subgrantee, other than a Subgrantee that is a state agency, shall submit to an audit �. pursuant to the federal Single Audit Act, 2 Code of Federal Regulations Part 200, Subpart F —Audit 2 Requirements (gpo.gov/fdsys/pkg/CFR-2014-title2-volt/l df/CFR-2014-title2-volt-part200.Ddf (as of September 2019)), incorporated by reference. See Attachment B for additional information regarding this CL requirement. If a Subgrantee 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. � 20. Retention of Accounting Records. Financial records, supporting documents, statistical records and all other records, including electronic storage media pertinent to the Project, shallbe retained through June 30, 2029. If any litigation or audit is initiated or claim made, the records shallbe retained until June 30, 2029 or five fiscal years after the litigation, audit or claim has been completed and all issues arising from it have been resolved, whichever is later. 21. Obligation to Provide State Access to Grant Records. The Subgrantee must make all grant records of expenditures, copies of reports, books, and related documentation available to the Division or a duly authorized Page:6 Packet Pg. 1837 U.3.b representative of the State of Florida for inspection at reasonable times for the purpose of making audits, examinations, excerpts and transcripts. 22. Obligation to Provide Public Access to Grant Records. The Division reserves the right to unilaterally cancel this Agreement in the event that the Subgrantee refuses public access to all documents or other materials made or received by the Subgrantee that are subject to the provisions of Chapter 119, Florida Statutes, known as the Florida Public Records Act. The Subgrantee must immediately contact the Division's Contract Manager for assistance if it receives a public records request related to this Agreement. CL , e( 23. Noncompliance. Any Subgrantee that is not following Florida statutes or rules, the terms of the 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 administrative requirements for other Division of N Library and Information Services grants or grants from any other DOS Division will be in noncompliance status U_ and subject to the DOS Grants Compliance Procedure. DOS Divisions include the Division of Arts and Culture, the Division of Historical Resources, the Division of Elections and the Division of Library and t2 Information Services. Grant compliance issues must be resolved before a grant award agreement may be v) executed and before grant payments for any DOS grant may be released. 76 24. Accounting Requirements. The Subgrantee must maintain an accounting system that provides a complete record of the use of allproject 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 project funds. 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 Subgrantee's accounting system accumulates data in a different format than the one E in the grant application, subsidiary records must document and reconcile the amounts shown in the Subgrantee's accounting records to those amounts reported to the Division. e( c) An interest-bearing checking account or accounts in a state or federally chartered institution may be used for revenues and expenses described in the Scope of Work and detailed in the Estimated Project Budget. a. d) The name of the account(s) must include the grant award number. i e) The Subgrantee's accounting records must have effective control over and accountability for all funds, 2 property and other assets. 0 f) Accounting records must be supported by source documentation and be in sufficient detail to allow for a r_ proper pre-audit and post-audit(such as invoices, bills and canceled checks). E 25. Availability of Grant Funds. The State of Florida's performance and obligation to pay grant funds under any < Agreement are contingent upon an annual appropriation by the Florida Legislature and upon an annual appropriation of the U.S. Congress. In the event that the state or federal 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 Subgrantee beyond those amounts already expended prior to the termination date. Such termination will not affect the responsibility of the Subgrantee under this Agreement as to those funds Page:7 Packet Pg. 1838 U.3.b previously distributed. In the event of a state revenue shortfall, the total grant may be reduced accordingly. 26. Excluded or Disqualified. The Subgrantee certifies that to the best of the Subgrantee's knowledge and belief the Subgrantee and its principals: a) Are not presently excluded or disqualified (debarment, suspension and other responsibility matters). b) Have not been convicted within the preceding three years of any of the offenses listed in 45 CFR 1185.800(a), (gpo. og v/fdsys/pkg/CFR-2005-title45-vo13/pdf/CFR-2005-title45-vo13-part1185- < subpartH.pdf(as of September 2019)) incorporated by reference, or had a civil judgment rendered CL against them for one of those offenses within that time period. N N c) Are not 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 45 CFR 1185.800(a) U_ (gpo. og v/fdsys/pkg/CFR-2005-title45-vo13/pdf/CFR-2005-title45-vo13-part1185-subpartH.pdf(as of September 2019)), incorporated by reference. v) d) Have not had one or more public transactions (federal, state or local)terminated within the preceding three years for cause or default. e) Will comply with 45 CFR Part 1185 Subpart C (Responsibilities of Participants Regarding Transactions) (gpo. og v/fdsys/pkg/CFR-2005-title45-vo13/pdf/CFR-2005-title45-vo13-part1185-subpartC.pdf(as of September 2019)), incorporated by reference, and will require similar compliance with Subpart C by persons at the next lower tier with whom the primary tier participant enters into covered transactions. 27. Drug-Free Workplace. The Subgrantee will provide or continue to provide a drug-free workplace by complying with the requirements in 45 CFR, Subtitle A, Subchapter A, Part 76, Subpart F, Drug Free Workplace Requirements (Grants) (oo. og v/fdsys/pkg/CFR-1999-title45-voll/pdf/CFR-1999-title45-volt- E part76-subpartF.pdf(as of September 2019)), incorporated by reference. This includes making a good faith effort, on a continuing basis, to maintain a drug-free workplace;publishing a drug-free workplace statement; establishing a drug-free awareness program for employees; taking actions t7 concerning employees who are convicted of violating drug statutes in the workplace; and identifying(either with < this application, upon award, or in documents kept on file in the Subgrantee's office) all known workplaces under the award. 2 r_ 28. Lobbying. The Subgrantee will not use any grant funds for lobbying the state legislature, the state judicial c branch or any state agency. The Subgrantee will not use any grant funds for lobbying an officer or employee of ;j any federal agency, Member of Congress, officer or employee of Congress, or an employee of a Member of 0) Congress in connection with any of the following federal actions: a) The awarding of any federal contract. b) The making of any federal grant. c) The making of any federal loan. Page:8 Packet Pg. 1839 U.3.b d) The entering into of any cooperative agreement. e) The extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. 29. Delinquent in Repayment of Federal Debt. The Subgrantee certifies that, to the best of the Subgrantee's knowledge and belief, the Subgrantee is not delinquent in the repayment of any federal debt. 30. Nondiscrimination. As required by the Civil Rights Act of 1964, (eeoc.gov/laws/statutes/titlevii.cfm(as ofCL September 2019)) incorporated by reference, the Rehabilitation Act of 1973 e( htWs://uscode.house.,gov/view.xht ?req=Lranuleid:USC-pre title29-section701&n =0&edition=pre' (as of June 2021)), incorporated by reference, the Education Amendments of 1972 1 scode.house.gov/view.xhtml? 1aath=/prehm(a,title20/chapter38&edition-1arelim(as of September 2019)), incorporated by reference, and the Age Discrimination in Employment Act of 1975, as implemented by 45 CFR Part 1180.44 (uscode.house.gov/view.xhtml?path=/lorehm( ,title42/chapter76&edition-12relim(as of September 2019)), incorporated by reference, the Subgrantee certifies that the Subgrantee will comply with the following U) nondiscrimination statutes and their implementing regulations: a) Title VI of the Civil Rights Act of 1964, as amended (42 USC § 2000d et seq.) (http5://uscode.house.go,d,jew.xhtmi?req=granuleid:USC-prel im-title42-chapter2l- � subchapter5&sa =jKH GxlOiQQyIHNDQEDb246MiAwMGQtN&BIZGIOaW9uOnBy xgbSk=ll101false'grelim&edition=prelim(as of U June 2021))incorporated by reference, 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; U) b) Section 504 of the Rehabilitation Act of 1973, as amended(29 USC § 701 et seq.) uscode.house.gov/view.xh ?path=/pre' (a,title29/chapterl6/&edition=pre' (as of September 2019)), E incorporated by reference, which prohibits discrimination on the basis of disability in federally-assisted programs; c) Title IX of the Education Amendments of 1972, as amended(20 USC §§ 1681-83, 1685-86), (uscode.house.gov/view.xhtml?path=/prelim&title20/chapter38&edition—prelim(as of September 2019)) < incorporated by reference, which prohibits discrimination on the basis of sex in education programs and W activities receiving federal financial assistance; and i 2 d) The Age Discrimination in Employment Act of 1975, as amended (42 USC § 6101 et seq.), C c (uscode.house.gov/view.xh ?path=/pre' &title42/chapter76&edition=pre' (as of September 2019)) incorporated by reference, which prohibits discrimination on the basis of age in federally-assisted m programs. The Subgrantee shall insert a list of similar provisions in all subcontracts for services required by this agreement. 31. Copyright and License. When publications, films or similar materials are developed, directly or indirectly, from a program, project or activity supported with grant funds, Subgrantee(and any of its subcontractors, if applicable) shall grant the Department of State an irrevocable, royalty-free, non-transferable, non-exclusive right Page:9 Packet Pg. 1840 U.3.b and license to reproduce or otherwise use, to make derivative works from, and to display and distribute any copyrighted material developed under this Agreement for any state governmental purpose. The Subgrantee also grants the federal awarding agency a royalty-free, nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes: a) The copyright in any work developed under a grant, subgrant or contract under a grant or subgrant. b) Any rights of copyright to which the grantee, Subgrantee or a contractor purchases ownership with grant r_ support. CL ct The Subgrantee shall include the foregoing paragraph in all of its subcontracts. N N 32. Independent Contractor Status of Subgrantee. The Subgrantee, if not a state agency, agrees that its officers, agents and employees, in performance of this Agreement, shall act in the capacity of independent ii contractors and not as officers, agents or employees of the state. The Subgrantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment by the State of Florida. v) 33. Subgrantee's Subcontractors. The Subgrantee shall be responsible for all work performed and all expenses 6 incurred in connection with this Agreement. The Subgrantee may subcontract, as necessary, to perform the services and to provide commodities required by this Agreement. The Division shall not be liable to any subcontractor(s) for any expenses or liabilities incurred under the Subgrantee's subcontract(s), and the Subgrantee shallbe solely liable to its subcontractor(s) for all expenses and liabilities incurred under its subcontract(s). The Subgrantee must take the necessary steps to ensure that each of its subcontractors will be deemed to be independent contractors and will not be considered or permitted to be agents, servants,joint 0 venturers or partners of the Division. 34. Liability. The Division will not assume any liability for the acts, omissions to act or negligence of the Subgrantee, its agents, servants or employees; nor may the Subgrantee exclude liability for its own acts, 0 omissions to act or negligence to the Division. a) The Subgrantee shallbe 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 Subgrantee, its agents, CL servants, employees and subcontractors. The Subgrantee 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 Subgrantee is governed by Section 768.28, Florida Statutes, it shall only be obligated in accordance with this Section. c b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign immunity or 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 Subgrantee shall be responsible for all work performed and all expenses incurred in connection with the project. The Subgrantee may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities, provided Page: 10 Packet Pg. 1841 U.3.b that such subcontract has been approved in writing by the Department prior to its execution and provided that it is understood by the Subgrantee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Subgrantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 35. Strict Compliance with Laws. The Subgrantee 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 24, Noncompliance. , e( 36. 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 Subgrantee improperly expends and manages N grant funds; fails to prepare, preserve or surrender records required by this Agreement; or otherwise violates this Agreement. U_ 37. Termination of Agreement. The Division will terminate or end this Agreement if the Subgrantee fails to fulfill 0 its obligations herein. In such event, the Division will provide the Subgrantee a notice of its violation by letter v) and shall give the Subgrantee 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 Subgrantee'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 Subgrantee will be 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 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 additional damages if grant funds are returned under this Section. v) 38. Preservation of Remedies. No delay or omission to exercise any right, power or remedy accruing to either 0) 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. C7 39. Non-Assignment of Agreement. The Subgrantee may not assign, sublicense or otherwise transfer its rights, CL duties or obligations under this Agreement without the prior written consent of the Division, which shall not <Ci unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the project. If the Division approves a transfer of the Subgrantee's obligations, the Subgrantee shall remain liable r_ for all work performed and all expenses incurred in connection with this Agreement. In the event the Legislature 2 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 E transferred to the succeeding governmental agency as if it was the original party to this Agreement. 40. Required Procurement Procedures for Obtaining Goods and Services. The Subgrantee shall provide 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 Subgrantee must use the Page:11 Packet Pg. 1842 U.3.b 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 Subgrantee'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, acceptance of vendor proposals or other appropriate procurement document. b) Procurement of Goods and Services Exceeding $35,000. Goods and services costing over $35,000 CL 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. N 41. Conflicts of Interest. The Subgrantee 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 t� or maintain a business or other relationship with any employee of the Department of State that would violate v) those provisions. The Subgrantee 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 potential violation of those statutes. 42. Binding of Successors. This Agreement shall bind the successors, assigns and legal representatives of the Subgrantee and of any legal entity that succeeds to the obligations of the Division of Library and Information Services. 43. Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Subgrantee is considered a violation of Section 274A(a) of the Immigration and Nationality Act(8 USC 1324(a))(as of E September 2019), incorporated by reference. If the Subgrantee knowingly employs unauthorized aliens, such violation shallbe cause for unilateral cancellation of this Agreement. 44. 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. et a. 45. Americans with Disabilities Act. Allprograms and facilities related to this Agreement must meet the standards of Sections 553.501 through 553.513, Florida Statutes and the Americans with Disabilities Act of 0 1990 (ada.ovov(as of September 2019)), incorporated by reference. 0 46. 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. 47. Entire Agreement. The entire Agreement of the parties consists of the following documents: a) This Agreement. Page: 12 Packet Pg. 1843 U.3.b b) Estimated Project Budget(Attachment A). c) Florida Single Audit Act Requirements (Attachment B). CL cv cv cv 76 CL 2 C 0 Page:13 Packet Pg. 1844 U.3.b In acknowledgment of Project Number 21-ARPA-22, provided for from funds appropriated in the FY 2021- 2022 General Appropriation Act in the amount of$975,469, the Subgrantee hereby certifies that they have read this entire Agreement and will comply with all of its requirements. Subgrantee: Department of State CL cv cv By: cv By: Authorized Official for the Subgrantee Amy L. Johnson, Director U) Division of Library and Information Services Department of State, State of Florida Typed name and title Date Date m Witness Witness Date Date �� 2 MONROE COUNTY ATTORNEY 0 PPRO ED AS TO FORM m JAMES M9JENAAR lames . ) n 1 - eso. Molenaar,Esq. Date: Esq. Date 2021.11 M 152401 04'00' Page: 14 Packet Pg. 1845 U.3.b Project Number:21-ARPA-22 Monroe County ARPA ATTACHMENT A Estimated Project Budget Description FGrant Funds Cash MatchT In Kind Match CL Equipment N Firewall-Key West $20,000 $0 $0 N Firewall--Big Pine $20,000 $0 $0LL Firewall--Islamorada $20,000 $0 $0 0 0 Firewall-Key Largo $20,000 $0 $0 :3 a XI I and One Stop Service, including license, install freight- $14,067 $0 $0 06 -Key West XI I and One Stop Service, including license, install freight- $14,067 $0 $0 >, -Big Pine XI I and One Stop Service, including license, install freight- $14 067 $0 $0 LM -Islamorada 'v) XI and One Stop Service, including license, install freight- -Key Largo $14,067 $0 $0 Tablet Station+ $211.85 freight--Key West $14,177 $0 $0 Tablet Station+ $211.85 freight-Big Pine $14,177 $0 $0 e( Tablet Station+ $211.85 freight-Islamorada $14,177 $0 $0 e( i Tablet Station+ $211.85 freight-Key Largo $14,177 $0 $0 0 24/7 Hold Locker, including license, install, freight--Key c$36,360 $0 $0 Largo 24/7 Hold Locker, including license, install, freight-- $35,385 $0 $0 Islamorada 24/7 Hold Locker, including license, install, freight--Big $35,385 $0 $0 Pine 24/7 Hold Locker, including license, install, freight--Key $35,385 $0 $0 West Page: 15 Packet Pg. 1846 U.3.b Description Grant Funds Cash Match In Kind Match Media Box 1500G--Key Largo $94,240 $0 $0 Media Box 1500G--Islamorada $82,240 $0 $0 Media Box 1500G--Big Pine $76,850 $0 $0 Media Box 1500G--Key West $72,850 $0 $0 Project 2--24 hour Library, including license, freight, install- $107,620 $0 $0 -Tavernier N N Project 2--24 hour library, including license, freight, install-- $107,620 $0 $0 Stock Island Subtotals $876,911 $0 $0 v) Supplies RFID retro tags--books, 81,000 @ $0.135/ea $10,935 $0 $0 RFID retro tags--DVDs, 4,000 @ $0.50/ea $2,000 $0 $0 t� Subtotals $12,935 $0 $0 Other RFID Retro Plate Readers--8 total, including install and $9,690 $0 $0 freight Desktop PC--Key Largo, quantity 2 $1,372 $0 $0 Desktop PC--Islamorada, quantity 2 $1,372 $0 $0 C7 Desktop PC--Big Pine, quantity 1 $686 $0 $0 Desktop PC--Key West, quantity 4 $2,744 $0 $0 i 0 Laptops--Lenovo Thinkpad T15--Key Largo, quantity 15 $16,442 $0 $0 Laptops--Lenovo Thinkpad T15--Islamorada, quantity 15 $16,442 $0 $0 Laptops--Lenovo Thinkpad T15--Big Pine, quantity 10 $10,961 $0 $0 Laptops--Lenovo Thinkpad T15--Key West, quantity 20 $21,922 $0 $0 Secure laptop charging station--Key Largo $998 $0 $0 Secure laptop charging station--Islamorada $998 $0 $0 Page: 16 Packet Pg. 1847 U.3.b Description Grant Funds Cash Match In Kind Match Secure laptop charging station--Big Pine $998 $0 $0 Secure laptop charging station--Key West $998 $0 $0 Subtotals $85,623 $0 $0 Totals $975,469 $0 $0 N N N w 2 CL 2 C 0 Page: 17 Packet Pg. 1848 U.3.b ATTACHMENT B FLORIDA SINGLE AUDIT ACT REQUIREMENTS AUDIT REQUIREMENTS The administration of resources awarded by the Department of State to the Subgrantee may be subject to audits and/or monitoring by the Department of State as described in this Addendum to the Grant Award Agreement. a. Monitoring N In addition to reviews of audits conducted in accordance with 2 CFR 200, Subpart F -Audit Requirements, and section 215.97, Florida Statutes (F.S.), as revised (see Audits below), monitoring procedures may include, but not be limited to, on-site visits by Department of State staff, limited scope audits as defined by 2 CFR 2 §200.425, or t2 other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring v) 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 additional76 instructions provided by the Department of State staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer(CFO) or Auditor General. Audits Part L• 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. e( 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 amounts of federal awards expended should be in accordance with the guidelines established by 2 CFR 0 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 0 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 paid from non-federal resources (i.e. the cost of such an audit must be paid from recipient resources obtained Page: 18 Packet Pg. 1849 U.3.b 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 must have a state single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; CL Rule Chapter 69I-5 F.A.C., State Financial Assistance; and Chapters 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 u- agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for federal program matching requirements. t7 v) 2. For the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies a with the requirements of Section 215.97(8), F.S. This includes submission of a financial reporting package as defined by Section 215.97(2)F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and 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 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 U) 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). E The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. 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) 0� hM2://www.leg.state.fl.us/ 0 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 at hulas://dosgrants.com Page: 19 Packet Pg. 1850 U.3.b B. The Federal Audit Clearinghouse(FAC) as provided in 2 CFR 200.6 and section 200.512 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 at haps://dosgEants.com a. B. The Auditor General's Office at the following address: N N Auditor General Local Government Audits/342 U_ Claude Pepper Building, Room 401 111 West Madison Street t� Tallahassee, Florida 32399-1450 v) 1. Any reports, management letter, or other information required to be submitted to the Department of State 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. 2. Recipients, when submitting financial reporting packages to the Department of State for audits done in 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 U) the reporting package was delivered to the recipient in correspondence accompanying the reporting package. m Part IV: Record Retention 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of the award(s) and this r_ agreement through June 30, 2029, 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 Auditor General upon request for a period of W at least three years from the date the audit report is issued, unless extended in writing by the Department of State. 2 r_ 0 Page:20 Packet Pg. 1851 U.3.b EXHIBIT — I FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Florida Department of State, Florida American Rescue Plan Act Grant CFDA Number 45.310 Award amount: $975,469 CL e( COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: cv Code of Federal Regulations, Title 2 Grants and Agreements, Revised January 1, 2014 (2 CFR 2) U' STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: W Not applicable SUBJECT TO SECTION 215.97,FLORIDA STATUTES: Not applicable COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not applicable ' iaf)[er Ifs 2,011(2)( 1), 1 lorichf Ackfinisirtaitv Cock,,, effeclixv 03-2020 CL i C 0 Page:21 Packet Pg. 1852