Project No. 21-ARPA-22 11/17/2021 ;wT 4. Kevin Madok, CPA
4 . •� Clerk of the Circuit Court&Comptroller—Monroe County, Florida
COUNT
DATE: December 13, 2021
TO: Kimberly Matthews, Sr. Director
of Strategic Planning& Libraries
ATTN: Lisa Booker, Library Business Manager
FROM: Pamela G. Hanco 166).C.
SUBJECT: November 17th BOCC Meeting
Attached is an electronic copy of the following item,that has been signed by the state,
that has been accepted into the record:
U3 Revenue Grant Agreement with the Florida Department of library and
Information Services to approve the expenditure of$975,469.00 in ARPA funds to extend library
technology to all Monroe County Public library branches and add two library vending devices.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
PROJECT NUMBER 2L-ARPA 22
DLIS FLORIDA AMERICAN RESCUE PLAN ACT 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
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 County
ARPA'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. 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:
1. Grant Purpose.This grant shall be used exclusively for the"Monroe County ARPA,"the public purpose for
which these funds were awarded:
a) The Subgrantee shall perform the following Scope of Work:
Monroe County Public Library will innovate, adapt and serve a post-COVID reality where our
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
while expanding their access to digital, print and online information services.
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.
All tasks associated with this project, will be performed by September 30, 2022.
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b) The Subgrantee agrees to provide the following Deliverables related to the Scope of Work for
Payments to be awarded.
— .-�..
# Payment Deliverable Description Payment
TypeDocumentation
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.
RFID Retro Plate Readers.
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
each branch. 2. Purchased nine invoices for specified purchases.
Desktop PCs for four locations.
3 Fixed Monroe County Public Library To document evidence of completion *$243,867
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.
4 Fixed Monroe County Public Library To document evidence of
�.-_.
Price System will have: 1. Purchas d of the deliverables e Monr County
on $194,098
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
stations. library stations.
5 Fixed Monroe County Public Lib ence
Price System will have completed in- of the deliverable Monroe County
tion $49,770
house retrospective conversion to Public Library System will provide a
RFID for at least half of the comprehensive report on the
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.
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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
ternvnation of the Agreement shall be allowed.
4. Contract Administration. The parties are legally bound by the requirements of this agreement. Each party's
contract manager,named below, will be responsible for monitoring its performance under this Agreement and
will be the official contact for each party. 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:
David Beach, Library Program Specialist
Florida Department of State
R.A. Gray Building
Mail Station#9D
500 South Bronough Street
Tallahassee, Florida 32399-0250
Phone: 850.245.6630
Facsimile: 850.245.6643
Email:david.beach@dos.myflorida.com
For the Subgrantee:
Anne Rice,
Monroe County Public Library System
700 Fleming Street Key West Florida 33040
Phone:
Email:Rice-Anne@monroecounty-fl.gov
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 dlo : � ��� The total grant
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:
a) All payments will be made in the amounts identified with the Deliverables in Section 1 of this Agreement.
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
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Authorization form(form number DFS-Al-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
subimit another authorization form unless you have changed bank accounts. To download this form
vist
26 1"
, . The form also includes tools and information
,111 A '1�, Zl)1 S_z�,il
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
report accurate tax information to the Internal Revenue Service(IRS). To register or access a Florida Substitute
Form W-9 visit aoldQLn]yffi,- ,, . 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.
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
permission to revise the project. This is done by submitting a Change Request. Changes within a budget
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 atAID,,,,,,�g.,
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
s ) h,. Changes that are agreed upon shall be valid only when amended in writing, signed by each of
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
refund to the State of Florida and this agreement is subject to termination.
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:
Payments will be withheld if the Deliverables identified in Section I of this Agreement are not satisfactorily
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 At the
completion of the project, the Subgrantee must submit a Final Report on or by November 1,2022. The Final
,C-- � - "
Report must be submitted using the DOS Grants System at d I-,
12. Grant Completion Deadline. The gram completion deadline is September 30,2022.IT&Gant Completion Deadline is the
date by which aff v=and matching fiords have been expended h accordance with the work descnbed m the Scope of Work as detailed
in the Estimated Project Budget.
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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
by the Department of State's Division of Library and Information Services."
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
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
money.
3. Percentage and dollar amount of the total costs of the project or program financed with local government
money.
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
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
.f.�iC��ti� `✓"r'i I# 1'sa3�ll nl`__=_` s� t�.+ b t � t_„ �a��1�_-__% sfits..r.��,. Sk�'� �%s�;�� �`l ,'�:'� t `w s f a
Federal guidelines for allowable costs can be foundCd
A 'Ep „f in 2 CFR Part 200, Subpart E—Cost Principles (as of September 2019),
incorporated by reference.
In addition, the following are not allowed as grant expenditures:
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).
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
15. Travel Expenses. The Subgrantee must pay any travel expenses, from grant or local matching fluids, 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
advanced or paid to the Subgrantee. In addition, funds paid in excess of the amount to which the Subgrantee is
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,
rules and regulations applicable to expenditures of funds. For state funds, guidelines for allowable costs are
outlined in the Department of Financial Services' Reference Guide for State Expenditures (as of January 2020)
ference. For federal funds, guidelines for allowable costs can be found
incorporated by rego,
6g°..:;lll, ,. .. . :: .�:`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 shall pay 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.
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
Requirements £, as of
September 2019)), incorporated by reference. See Attachment B for additional information regarding this
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, shall be retained through June 30, 2029. If
any litigation or audit is initiated or claim made, the records shall be 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
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.
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
Library and Information Services grants or grants from any other DOS Division will be in noncompliance status
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
Information Services. Grant compliance issues must be resolved before a grant award agreement may be
executed and before grant payments for any DOS grant may be released.
24. Accounting Requirements. The Subgrantee must maintain an accounting system that provides a complete
record of the use of all project 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
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.
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.
d) The name of the account(s)must include the grant award number.
e) The Subgrantee's accounting records must have effective control over and accountability for all funds,
property and other assets.
fl 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).
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
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), ,{ r
>f _5' (as of September 2019))incorporated by reference, or had a civil judgment rendered
against them for one of those offenses within that time period.
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)
sit as of
September 2019)), incorporated by reference.
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)
u N
.. _ .fig : x �J. 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)(-gjp >,' 's J J £ :. 2 Y,r �, 2 1 ]� �� ,r h
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
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.
28. Lobbying. The Subgrantee will not use any grant funds for lobbying the state legislature, the state judicial
branch or any state agency. The Subgrantee will not use any grant funds for lobbying an officer or employee of
any federal agency, Member of Congress, officer or employee of Congress, or an employee of a Member of
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
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, ( c t rY ; (asof
September 2019))incorporated by reference, the Rehabilitation Act of 1973
Zrrr :....� i v
K c a „r= �r� (as
of June 2021)), incorporated by reference the Education Amendments of 1972( ,
t'a-' 'dW a - (as of September 2019)), incorporated by reference, and the Age
Discrimination in Employment Act of 1975, as implemented by 45 CFR Part 1180.44
eh.I I .?w .w,xmxa �Y _, L [.�c ins , btz s e ::::: '
. ..re- x -_1_1(as ofSeptember 2019)),
incorporated by reference, the Subgrantee certifies that the Subgrantee will comply with the following
nondiscrimination statutes and their implementing regulations:
a) Title VI of the Civil Rights Act of 1964, as amended (42 USC§2000d et seq.)
_-^ Lin €P1 ro s x._ a. ..<.
:;€.'C.Ya x➢ .d 9'+� ': "`::.:,s s�i� "d 14,. ,..`.....'K #, r ems. �aF,mfta{:pn� k<i[('"' s" ,w;.{ i(as of
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;
b) Section 504 of the Rehabilitation Act of 1973, as amended (29 USC§ 701 et seq.)
F, t r 'Y :. <: ,K J:3 e as ofSeptember 2019))
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),
m(as ofS eptember 2019))
incorporated by reference,which prohibits discrimination on the basis of sex in education programs and
activities receiving federal financial assistance; and
d) The Age Discrimination in Employment Act of 1975, as amended (42 USC§ 6101 et seq.),
(as of S eptember 2019))
incorporated by reference, which prohibits discrimination on the basis of age in federally-assisted
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
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
support.
The Subgrantee shall include the foregoing paragraph in all of its subcontracts.
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
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.
33. Subgrantee's Subcontractors.The Subgrantee shall be responsible for all work performed and all expenses
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 shall be 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
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,
omissions to act or negligence to the Division.
a) The Subgrantee 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 Subgrantee, its agents,
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.
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.
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
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.
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
grant funds; fails to prepare,preserve or surrender records required by this Agreement;or otherwise violates
this Agreement.
37. Termination of Agreement.The Division will terminate or end this Agreement if the Subgrantee fails to fulfill
its obligations herein, In such event, the Division will provide the Subgrantee a notice of its violation by letter
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.
38. 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.
39. Non-Assignment of Agreement.The Subgrantee 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
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
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.
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:I I
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
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.
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
or maintain a business or other relationship with any employee of the Department of State that would violate
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
September 2019), incorporated by reference. If the Subgrantee knowingly employs unauthorized aliens, such
violation shall be 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.
45. Americans with Disabilities Act.All programs 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
1990 Gn, ,_, r,k (as of September 2019)), incorporated by reference.
46. Governing Law. This Agreement shall be construed,performed and enforced in all respects 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.
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b) Estimated Project Budget(Attachment A).
c) Florida Single Audit Act Requirements (Attachment B).
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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
Board of County Commissioners
of Monroe County,Florida
•00.2f4637:„.....,--
By
Authorized Official for the Subgrantee — _li-L ) . _� —. _-----
Amy L.Johnson,Director
Division of Unary and Information Services
Department of State, State of Florida
Ma%or David Rice
Typed name and title
' <s ' :-O:v ber 17, 2021 , 2. 1
.. « I I Date r.' �, 7-7
rte °'. c�t-�,+'Tlladok, Clerk -~ -a rn
Witness r o
r2�._ 6:Lta4 A fv 1„1`^.a•t�-1/ I— '`W V✓
As Deputy Clerk
Date November 17,2021 Date
MONROE COUNTY ATTORNEY
. APPROb60 AS TO FORM
,i'''' O. l'h;P:4•0*--
t LAMES MOLE NAAR
AST NTI ,,a
Date: a E . '1.;';�,sz,s,ORO
Page:14
Project Number:21-ARPA 22
Monroe County ARPA
ATTACHMENT A
Estimated Project Budget
Description Grant Funds Cash Match In Kind Match
Equipment
Firewall-Key West $20,000 $0
Firewall Big Pine $20,000 $0 $0
_ ... — .....
Firewall--Islamorada $20,000 $0 $0
Firewall-Key Largo $20,000 $0 $0
XI and One Stop Service, including license, install freight- _
-Key West $14,067 $0 $0
.� .....
— .
XI 1 and One Stop Service, including license, install freight-
-Big Pine $14,067 $0 $0
_ _.. .. _ v
XI I and One Stop Service, including license, install freight-
-Islamorada $14,067 $0 $0
ro..
XI I 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
Tablet Station+ $211.85 freight-Islamorada $14 177 $0 $0
Tablet Station+ $211.85 freight-Key Largo $14 177 $0 $0
�u 8 .. — ._ —._.....�
24/7 Hold Locker, including license, install, freight--Key
Largo $36,360 $0
24/7 Hold Locker, including license, install, freight-- -
Islamorada $35,385 $0 $0
__ ...._................ __ _ —.
24/7 Hold Locker, including license, install, freight--Big
Pine $35,385 $0 $0
24/7 Hold Locker, including license, install, freight--Key
West $35,385 $0 $0
Page:15
Description Grant Funds Cash Match In Find 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-
-Tavernier $107,620 $0 $0
Project 2--24 hour library, including license, freight, install-- _
Stock Island $107,620 $0 $0
.=v,
Subtotals $876,911 $0 $0
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
Subtotals $12,935 $0 $0
Other
ID Retro Plate Readers-8 total, including install and —
freight $9,690 $0 $0
— —
.� ..
Desktop PC--Key Largo, quantity 2 $1,372 $0 $0
----- _ . .
Desktop PC- Is]amorada, quantity 2 $1,372 $0 $0
Desktop PC--Big Pine, quantity 1 $686 $0 $0
— ..._ ----- _ .. .. _
Desktop PC--Key West, quantity 4 $2,744 $0 $0
Laptops—Lenovo Thinkpad T15--Key Largo, quantity 15 $16 442 $0 $0
Laptops Lenovo Thinkpad T15—Islamorad —
a, quantity 15 $16,442 $0 $0
_, quantity $10,961.�
Laptops—Lenovo Thinkpad T15--Big Pine uant' 10 $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
- _— —_ ---- -- —.. _._....-
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
Page:17
ATTACHMENT B
FLORIDA SINGLE AUDIT ACT REQUIREMENTS
AUDIT FOUIREMENTS
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.
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
other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring
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
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 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
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
paid from non-federal resources (ie. the cost of such an audit must be paid from recipient resources obtained
Page:18
from other than federal entities).
Part II: 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.;
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
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.
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
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.
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
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).
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)
S
State of Florida Legislature(Statutes, Legislation relating to the Florida Single Audit Act)
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 : : It, »x.
Page:19
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 R 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 I,i , fi x u s F
B. The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, Florida 32399-1450
L Any reports,management letter, or other information required to be submitted to the Department of State
pursuant to this agreement shall be 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
the reporting package was delivered to the recipient in correspondence accompanying the reporting package.
Part IV: Record Retention
1. The recipient shall retain sufficient records demonstrating its compliance with the terms of the award(s)and this
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
at least three years from the date the audit report is issued,unless extended in writing by the Department of
State.
Page:20
EXHIBIT— 1
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
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES
AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Code of Federal Regulations, Title 2 Grants and Agreements, Revised January 1, 2014
(2 CFR 2)
STATE RESOURCES AWARDED TO THE RECIPIENT
PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
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
ARPA Grasp Agreemem(Donn DUS ARPA01)
Chapter 113-2.011(2)(d), Floricla At n inistrwive Cock. effiective 03-2020
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