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Item C23 C23 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 James K.Scholl,District 3 m' David Rice,District 4 Board of County Commissioners Meeting October 18, 2023 Agenda Item Number: C23 2023-1557 BULK ITEM: Yes DEPARTMENT: Public Library TIME APPROXIMATE: STAFF CONTACT: Anne Rice, Assistant Director--Support Services AGENDA ITEM WORDING: Approval of filing of a grant application and agreement for State Aid to Libraries from the Florida Department of State, Division of Library and Information Services, and authorization for the County Administrator to sign other required documents. ITEM BACKGROUND: Approval of filing of a grant application and agreement for State Aid to Libraries from the Florida Department of State, Division of Library and Information Services, and authorization for the County Administrator to sign other required documents. PREVIOUS RELEVANT BOCC ACTION: 08/17/2022—BOCC approved prior application (Agenda Item Doc ID 10880) 10/20/2021 —BOCC approved prior application (Agenda Item Doc ID 9785) 10/21/2020—BOCC approved prior application (Agenda Item Doc ID 7303) 10/16/2019—BOCC approved prior application (Agenda Item Doc ID 6151) 10/18/2017—BOCC approved prior application (Agenda Item Doc ID 3444) 09/21/2016—BOCC approved prior application (Agenda Item Doc ID 2065) CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION: Approval DOCUMENTATION: StateAidToLibrariesGrantAgree ent_24ST35.pdf FINANCIAL IMPACT: Effective Date: Jan 1, 2024 Expiration Date: Dec 31, 2024 Total Dollar Value of Contract: NA 1049 Total Cost to County: 0 Current Year Portion: 0 Budgeted: No Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: Yes County Match: None Insurance Required: NA 1050 24-ST-35 Monroe County Public Library System STATE AID TO LIBRARIES GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF STATE AND Monroe County Board of County Commissioners for and on behalf of Monroe County Public Library System 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 Commissionersfor and on behalf of Monroe County Public Library System, hereinafter referred to as the"Grantee." The Grantee has submitted an application and has rret all eligibility requirerrents and has been awarded a State Aid to Libraries Grant(CSFA 45.030)by the Division in the armunt specified on the"Fiscal Year 2023-24 State Aid to Libraries Final Grants"document(which is incorporated as part of this Agreernt and entitled Attachment B).The Division has the authority to administer this grant in accordance with Section 257,Florida Statutes. By reference,the application and any approved revisions are hereby made a part of this agreerrent_ In consideration of the mutual covenants and promises contained herein,the parties agree as follows: 1. Grant Purpose.This grant shall be used exclusively for the"State Aid to Libraries Grant,"the public purpose for which these funds were appropriated. a) The Grantee shall perform the following Scope of Work: In accordance with Sections 257.17-257.18,Florida Statutes,the Grantee shall receive a grant amount that is calculated and based upon local funds expended during the second preceding fiscal year for the operation and maintenance of the library.For this grant,the local expenditures shall have been made during the period October 1,2021 - September 30,2022. In order to be eligible to receive the grant funding the Grantee shall manage or coordinate free library service to the residents of its legal service area for the period October 1,2021 through June 30,2024.The Grantee shall: o Have a single administrative head employed full titm by the library's governing body, o Provide free library service,including loaning materials available for circulation free of charge and providing reference and information services free of charge; o Provide access to materials,information and services for all residents of the area served;and o Have at least one library,branch library or rmmber library open 40 hours or more each week(excluding holidays or errergencies;between Sunday through Saturday,on a schedule determined by the library system)during the length of the agreement. b) The Grantee agrees to provide the following Deliverables related to the Scope of Work for payments to be awarded. Payrrent 1,Deliverable/Task: ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Page: 1 Stw .)JdtoV,31� �a�� na�t 9r^rr+�rzg ,?itdV°rrregup1igp l��Wli:y Ch� nter �..dJillVd'�y�,�yJ�S. � ,. u<J,rr� � a'rrrd -�,Vuc�,tv��;W➢�'�ali�: 1051 Paynient wil be a fixed price in the ammunt of 100%of the grant award for the period October 1,2021 through June 30,2024. The Grantee w>7l: o Have expended funds to provide free library service during the period October 1,2021 - September 30,2022; o Provide an Expenditure Report and certification of Local Operating Expenditures for the period October 1,2021 - September 30,2022 only; o Provide docutmntation showing that at least one library,branch library or member library is open 40 hours or more each week(excluding holidays or emergencies;between Sunday through Saturday,on a schedule determined by the library system)during the length of the agreement; o Provide the Certification of Credentials for the Single Administrative Head;and o Provide a Certification ofHours,Free Library Service and Access to Materials. c) Grant fiuxls shallbe used for the operation and maintenance of the library.The allowable budget categories are:Personnel Services(salaries,wages,and related employee benefits provided for all persons employed by the reporting entity whether on full- time,part-time,temporary,or seasonal basis);Operating Expenses(expenditures for goods and services which prinrarilybenefit the current period and are not defined as personal services or capital outlays);Non-Fixed Capital Outlay(outlays for the acquisition of or addition to fixed assets);and Other(other operating expenditure categories in the library budget). 2. Length of Agreement This Agreement covers the period of October 1,2021 to June 30,2024,unless terminated in accordance with the provisions of Section 28 of this Agreement.This period begins with the start of the Grantee's second preceding fiscal year(October 1, 2021)and concludes with the end ofthe State of Florida's current fiscal year(June 30,2024). 3. Expenditure of Grant Funds.Grant fiuxls wilbe used to reimburse a portion oflocal fiuxls expended by the Grantee during their second preceding fiscal year(October 1,2021—September 30,2022)for the operation and maintenance of a library and shall not exceed the amount specified in Attachtmnt B. 4. Contract Administration.The parties are legally bound by the requirements of this agreement.Each partys contract manager,named below,w-M be responsible for nmnitoring its performance under this Agreement and wil be the official contact for each party.Any notice(s)or other corntrunications regarding this agreement shall be directed to or delivered to the other partys 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: Tom Pena,Grant Programs Supervisor Florida Department of State RA.Gray Building Marl Station#9D 500 South Bronough Street Tallahassee,FL 32399-0250 Phone:850.245.6620 Email:thorms.pena@dos.nryflorida.com For the Grantee: Anne Rice ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Page:2 Stw .Aid to V,31� �a�� ,� na�t 9r^rr+�rzg�,?it dV°rr regup1iq p l��Wli�:y � 4���nt�c VIIw�..dJillVd'�y�,�y J�S. � �,. a<J,rr� � �a'rr r d �:-��,V uc�,tv��;W➢�'�ali�:� 1052 Monroe County Public Library System 700 Fleming Street Key West Florida 33040 Phone:305.292.3594 Email: Rice-Anne@ monroecounty--flgov 5. Grant Payments.The total grant award shall not exceed the ammunt specified on the"Fiscal Year 2023-24 State Aid to Libraries Final Grants"document(Attachment B),which shall be paid by the Division in consideration for the Grantee's miivmunperformance as set forth by the terms and conditions of this Agreement.Paynient wig be a fixed price in the amount of 100%of the grant award as specified in Attachment B.Payment will be made in accordance with the completion of the Deliverables. 6. Electronic Payments.The Grantee can choose to use electronic f wids transfer(EFT)to receive grant payments.All grantees wishing to receive their award through EFT must submit a Vendor Direct Deposit Authorization Form(form number DFS-Al-26E,rev 3/2022), 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 pZfloridacfo.confdocs-sFaccountigg-and-auditing libraries/vendors/vendor-relations/dfs-al-26e-direct-deposit-vendors.pdf? sfvrsn--eff728cf 16.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 maybe subject to 1099 reporting.'the Department of Financial Services(DFS)must have the correct Taxpayer Identification Number(TIN)and other related infornation in order to report accurate tax information to the Internal Revenue Service(IRS).To register or access a Florida Substitute Form W-9 visit flvendor.mvfloridacfo.com A copy of the Grantee's Florida Substitute Form W-9 must be submitted by the Grantee to the Division before or with the executed Agreement. 8. Financial Consequences.The Department shall apply the following financial consequences for failure to perform the minuYnunlevel of services required by this Agreement in accordance with Sections 215.971 and 287.058,Florida Statutes: The Department shall require the return of the award in a prorated amount based upon the percentage of firm that the library failed to perform the mininnun level of services.'the prorated reduction wig be in the same percentage as the percentage of titm that the library was not providing mininumlevel of services. 9. Credit Line(s)to Acknowledge Grant Funding.The Division requires public acknowledgement of State Aid to Libraries Grant funding for activities and publications supported by grant fiKids.Any announcements,information,press releases,publications,brochures,videos, webpages,programs,etc.,created as part of a State Aid to Libraries Grant project must include an acknowledgnient that State Aid to Libraries Grant funds were used to create them Use the following text: "This project has been funded under the provisions of the State Aid to Libraries Grant program,administered by the Florida Department of State's Division of Library and Information Services." 10. Grant Expenditures.'the Grantee agrees to expend all grant funds received under this agreement solely for the purposes for which they were authorized and appropriated.Expenditures shall be in compliance with the state guidelines for allowable project costs as outlined in the Department of Financial Services'Reference Guide for State Expenditures(as of October 2022),incorporated by reference,which ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Page:3 Stw .AJd to 0,ffimries oV p /\012y � 4���nt�c VIIw�..dJillVd'�y�,�y J�S. � �,. a<J,rr� � �a'rr r d �:-��,V uc�,tv��;W➢�'�ali�:� 1053 are available online at nb*ridacfo.con idocs-sf7accountpg-and-auditing-libraries/state-agencies/reference-guide-far-state expenditures.pdVsfvrsn b4cc3337 2. Grant funds may not be used for the purchase or construction of a library budding or library quarters. 11. Travel Expenses.The Grantee must pay any travel expenses,from grant or local matching finds,in accordance to the provisions of Section 112.061,Florida Statutes. 12. Unobligated and Unearned Ftmds and Allowable Costs.In accordance with Section 215.971,Florida Statutes,the Grantee shall refund to the State of Florida any balance ofunobligated finds which has been advanced or paid to the Grantee.In addition,finds paid in excess of the ammunt to which the recipient is entitled under the terms and conditions of the agreement must be refunded to the state agency.Further,the recipient may expend finds only for allowable costs resulting from obligations incurred during the specified agreement period.Expenditures of state financial assistance must be in compliance with the laws,rules and regulations applicable to expenditures of State finds as outlined in the Department of Financial Service's Reference Guide for State Expenditures(as of October 2022) yfforidacfo.corrdocs-sFaccountin-and-auditing-libraries/state-agencies/reference-,side-for-state-expenditures.pdf. sfvrsn=b4cc3337 2,incorporated by reference. 13. Repayment.All refunds or repayments to be made to the Department under this agreement are to be made payable to the order of "Department of State"and mailed directly to the following address:Florida Department of State,Attention:Thomas Pena,Division of Library and Information Services,500 South Bronough Street,Mad 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,Recipient shall pay to the Department a service fee of$15.00 or five percent(51/o)of the face amount of the returned check or draft,whichever is greater. 14. Single Audit Act.Each Grantee,other than a Grantee that is a State agency,shall submit to an audit pursuant to Section 215.97,Florida Statutes. See Attachment A for additional information regarding this requirement.If a Grantee is not required by law to conduct an audit in accordance with the Florida Single Audit Act because it did not expend at least$750,000 in state financial assistance,it must submit a Financial Report on its operations pursuant to Section 218.39,Florida Statutes within nine months of the close of its fiscal year.Audits must be submitted on the DOS Grants System at dosgxants.com 15. 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 for a period of five(5)fiscal years after the closeout of the grant and release of the audit.If any litigation or audit is initiated or claim made before the expiration of the five-year period,the records shall be retained for five fiscal years after the litigation,audit or claim has been resolved. 16. Obligation to Provide State Acces s to Grant Records.The Grantee mist make all grant records of expenditures,copies ofreports, books,and related documentation available to the Division or a duly authorized representative of the State of Florida for inspection at reasonable times for the purpose of making audits,examinations,excerpts and transcripts. 17. Obligation to Provide Public Access to Grant Records.The Division reserves the right to unilaterally cancel this Agreement in the event that the Grantee refuses public access to all documents or other materials made or received by the Grantee that are subject to the provisions of Chapter 119,Florida Statutes,known as the Florida Public Records Act.The Grantee mist immediately contact the Division's Contract Manager for assistance if it receives a public records request related to this Agree tit. 18. Noncompliance.Any Grantee that is not following Florida Statutes or rules,the terms of the grant agreement,Florida Department of ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Page:4 Stwe/\id to ,ffimries d0°orreg OH )012y � 4���nt�c VIIw�..dJillVd'�y�,�y J�S. � �,. a<J,rr� � �a'rr r d �:-��,V uc�,tv��;W➢�'�ali�:� 1054 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 ofArts and Culture,the Division of Elections,the Division of Historical Resources 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. 19. Accounting Requirements.The Grantee must maintain an accounting system that provides a complete record of the use of all grant fiaexls as follows: a) The accounting system must be able to specifically identify and provide audit trails that trace the receipt,maintenance and expenditure of state finds; b) Accounting records must adequately identify the sources and application of finds for all grant activities and must classify and identify grant funds by using the same budget categories that were approved in the grant application.If Grantee's accounting system accurrulates data in a different format than the one in the grant application,subsidiary records mist docutrent and reconcile the amounts shown in the Grantee's accounting records to those amounts reported to the Division; c) An interest-bearing checking account or accounts in a state or federally chartered institution maybe used for revenues and expenses described in the Scope of Work and detailed in the Estimated Project Budget; d) The naarne of the account(s)mist include the grant award number; e) The Grantee's accounting records mist have effective control over and accountability for all fiords,property and other assets;and f) Accounting records must be supported by source documentation and be in sufficient detail to allow for a proper pre-audit and post-audit(such as invoices,bills and canceled checks). 20. Availability of State Funds.The State of Florida's performance and obligation to pay under this Agreernt are contingent upon an annual appropriation by the Florida Legislature.In the event that the state finds upon which this Agreement is dependent are withdrawn this Agreernt will be automatically terminated and the Division shall have no fii Cher liability to the Grantee beyond those amounts already expended prior to the termination date. Such termination will not affect the responsibility of the Grantee under this Agreernt as to those fiuxls previously distributed.In the event of a state revenue shortfall,the total grant may be reduced accordingly. 21. Lobbying.The Grantee will not use any grant fiuxls for lobbying the state legislature,the state judicial branch or any state agency. 22. Independent Contractor Status of Grantee.The Grantee,if not a state agency,agrees that its officers,agents and employees,in performance of this Agreernt,shall act in the capacity of independent contractors and not as officers,agents or employees of the state. The Grantee is not entitled to accrue any benefits of state employment,including retirement benefits and any other rights or privileges connected with employrrient by the State of Florida. 23. Grantee's Subcontractors.The Grantee shall be responsible for all work performed and all expenses incurred in cotmection with this Agreernt.The Grantee 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 Grantee's subcontract(s),and the Grantee shall be solely liable to its subcontractor(s)for all expenses and liabilities incurred under its subcontract(s).'Ibe Grantee must take the necessary steps to ensure that each of its subcontractors will be deerred to be independent contractors and will not be considered or permuted to be agents,servants,joint venturers or partners of the Division. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Page:5 Stw .AJd to 0,ffimries 0 p !1012) 1055 24. Liability.The Division will not assume any liability for the acts,omissions to act or negligence of the Grantee,its agents,servants or employees;nor may the Grantee exclude liability for its own acts,omissions to act or negligence to the Division. a) The Grantee shall be responsible for clam of any nature,including but not limited to injury,death and property damage arising out of activities related to this Agreement by the Grantee,its agents,servants,employees and subcontractors.The Grantee shall inderry*and hold the Division harmless from any and all clam of any nature and shall investigate all such clam at its own expense.If the Grantee is governed by Section 768.28,Florida Statutes,it shall only be obligated in accordance with this Section. b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign in rnniity 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 Grantee shall be responsible for all work performed and all expenses incurred in connection with the project_The Grantee may subcontract as necessary to perform the services set forth in this Agreement,including entering into subcontracts with vendors for services and comrmdities,provided that such subcontract has been approved in writing by the Department prior to its execution and provided that it is understood by the Grantee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract_ 25. Strict Compliance with Laws.The Grantee shall perform all acts required by this Agreement in strict conformity with all applicable laws and regulations ofthe local,state and federal law.For consequences ofnoncompliance,see Section 18,Noncompliance. 26. No Discrimination.The Grantee may not discriminate against any employee employed under this Agreement or against any applicant for employment because ofrace,color,religion,gender,national origin,age,handicap,pregnancy or marital status.The Grantee shall insert a similar provision in all of its subcontracts for services under this Agreement_ 27. Breach of Agreement.The Division will demand the return of grant funds already received,will withhold subsequent payments and/or will terminate this agreement if the Grantee improperly expends and manages grant funds;fii[s to prepare,preserve or surrender records required by this Agreement;or otherwise violates this Agreement_ 28. Termination of Agreement.The Division will terminate or end this Agreement if the Grantee fii[s to fulfill its obligations herein.In such event,the Division will provide the Grantee a notice ofits violation by letter and shall give the Grantee fifteen(15)calendar days from the date of receipt to cure its violation.If the violation is not cured within the stated period,the Division will terminate this Agreement.The notice ofviolation letter shallbe delivered to the Grantee's Contract Manager,personally,or mailed to his/her specified address by a method that provides proof ofreceipt_In the event that the Division terminates this Agreement,the Grantee shall 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. 29. Preservation of Remeclies.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 defiult or any similar breach or defiult_ ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Page:6 Stw .)JdtoV,31� �a�� na�t 9r^rr+�rzg ,?itdV°rrregup1igp l��Wli:y � 4���nt�c VIIw�..dJillVd'�y�,�y J�S. � �,. a<J,rr� � �a'rr r d �:-��,V uc�,tv��;W➢�'�ali�:� 1056 30. Non-Assignment of Agreement.The Grantee may not assign,sublicense or otherwise transfer its rights,duties or obligations under this Agreer ent 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 Grantee's obligations,the Grantee shall remain liable for all work perforn ed 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 govemrontal entity,pursuant to Section 20.06,Florida Statutes or otherwise,the rights,duties and obligations under this Agreeront shall be transferred to the succeeding govemunental agency as if it was the original party to this Agreernent. 31. Required Procurement Procedures for Obtaining Goods and Services.The Grantee shall provide maximimopen competition when procuring goods and services related to the grant-assisted project in accordance with Section 287.057,Florida Statutes. a) Procurement of Goods and Services Not Exceeding$35,000.The Grantee mist use the applicable procurement n-rftd described below: 1. Purchases Up to$2,500:Procurement ofgoods and services where individual purchases do not exceed$2,500 do not require competition and may be conducted at the Grantee's discretion. 2. Purchases or Contract Amounts Between$2,500 and$35,000:Goods and services costing between$2,500 and$35,000 require informal corpetition and may be procured by purchase order,acceptance ofvendor proposals or other appropriate procurement docutont. b) Procurement of Goods and Services Exceeding$35,000.Goods and services costing over$35,000 maybe procured by either Formal Invitation to Bid,Request for Proposals or Invitation to Negotiate and maybe procured by purchase order,acceptance of vendor proposals or other appropriate procurer ert document. 32. Conflicts of Interest.the Grantee hereby certifies that it is cognizant of the probibition of conflicts of interest described in Sections 112.311 through 112.326,Florida Statutes and affirtm that it will not enter into or maintain a business or other relationship with any employee of the Depamtmnent of State that would violate those provisions.The Grantee further agrees to seek authorization from the General Counsel for the Departront of State prior to entering into any business or other relationship with a Depamtmnent of State Employee to avoid a potential violation of those statutes. 33. Binding of Successors.This Agreeront shallbind the successors,assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligations of the Division of Library and Information Services. 34. Employment of Unauthorized Aliens.The employment ofunauthorized aliens by the Grantee is considered a violation of Section 274A (a)ofthe Immigration and Nationality Act(8 USC 1324(a)(as ofApril2019)),incorporated by reference. Ifthe Grantee knowingly employs unauthorized aliens,such violation shall be cause for unilateral cancellation of this Agreement. 35. Seve rability.If any tern or provision of the Agreeront is found to be illegal and unenforceable,the remainder will remain in full force and effect,and such tern or provision shall be deerned stricken. 36. Americans with Disabilities Act.All programs and facilities related to this Agreement mist meet the standards of Sections 553.501- 553.513,Florida Statutes and the Americans with Disabilities Act of 1990(Ada.&v(as of nuary 2020)),incorporated by reference). 37. Governing Law.This Agreement shallbe construed,perfonned and enforced in all respects in accordance with the laws and rules of ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Page:7 Stele,)Jd to ,ffimries d0°orreg OH )012y � 4���nt�c VIIw�..dJillVd'�y�,�y J�S. � �,. a<J,rr� � �a'rr r d �:-��,V uc�,tv��;W➢�'�ali�:� 1057 Florida.Venue or location for any legal action arising under this Agreenrut will be in Leon County,Florida. ....................................................................................................................................... Page:8 Stwe,)Jd to 1058 38. Entire Agreement.'the entire Agreement ofthe parties consists ofthe fallowing docunrnts: a) This Agreement b) Florida Single Audit Act Requirements(Attachment A) c) Fiscal Year 2023-24 State Aid to Libraries Final Grants(Attachment B) The Grantee hereby certifies that they have read this entire Agreement and vM comply with all of its requirements. Grantee: Department of State By: By: Chair of Governing Body or Chief Fxecutive Officer Amy L. Johnson, Director Division of Library and Information Services Department of State, State of Florida Typed name and title Date Date Clerk or Chief Financial Officer Witness Date Date __ _ Approwrd ms to frnm and 4ega1 s ci�>Mry_.. 2vt.—Caunty At—',cfffi- Ctxrstina Ca ,Assistant Cuurnv Atter wy ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Page:9 Scwe.)Jdto�,31)mries o0orgu OHS,S')012y � 4y �nt c VIIw�..dJillVd'�y�,y J�S. �,'. a<J,rr �a'rr r d :-��,V uc ,cv�;W➢�'�ali�:� 1059 ATTACHMENT A FLORIDA SINGLE AUDIT ACT REQUIREMENTS AUDIT REQUIREMENTS The administration ofresources awarded by the Departrnent of State to the Grantee maybe subject to audits and/or tmnitoringby the Depa.itinent of State as described in this Addendum to the Grant Award Agreement. Monitoring 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), tmnitoring procedures may include,but not be]united to,on-site visits by Departrnent 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 tmnitoring procedures/processes deed appropriate by the Department of State.In the event the Departrnent of State determines that a]united 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 deed 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 goveriunent 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 of2 CFR 200,subpart F-Audit Requirements.Ifthe 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 from other than federal entities). Part IL• State Funded ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Page: 10 Stw .AJd to 0,ffimries� na�t 9r^rr+�rzg�,?it dV°rr regup1iq p l��Wli�:y � 4���nt�c VIIw�..dJillVd'�y�,�y J�S. � �,. a<J,rr� � �a'rr r d �:-��,V uc�,tv��;W➢�'�ali�:� 1060 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 mist 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 10.550(local govemtriental 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 Departrinent 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 Depa.itnient 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 11,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 goveriunental 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 mist 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 docutmnts referenced in the text of this agreement and the interpretation of compliance issues. State ofFlorida Depa.itnient Financial Services(Chief Financial Officer) http•/www.mvfloridacfo.conf State of Florida Legislature(Statutes,Legislation relating to the Florida Single Audit Act) bpi /www.leg state.lus/ Part III: Report Submission 1. Copies ofreporting packages for audits conducted in accordance with 2 CFR 200,Subpart F-Audit Requirernents,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 h s•//dosg .com B. The Federal Audit Clearinghouse(FAQ 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 Hof 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 h s•//dosgads.com ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Page:11 � 4���nt�c VIIw�..dJillVd'�y�,�y J�S. � �,. a<J,rr� � �a'rr r d �:-��,V uc�,cv��;W➢�'�ali�:� 1061 B. The Auditor General's Office at the fallowing address: Auditor General Local Government Audits/342 Claude Pepper Building Room 401 111 West Madison Street Tallahassee,Florida 32399-1450 3. 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 far-profit organizations),Rules ofthe Auditor General,as applicable. 4. 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 govemtmntal entities)and 10.650(nonprofit and far-profit organizations), Rules of the Auditor General,should indicate the date that the reporting package was delivered to the recipient m corresp ondenc e accompanying the reporting package. Part IV: Record Retention 1. The recipient shall retain sufficient records detmnstrating its compliance with the terns of the award(s)and this agreement for a period of five years from the date the audit report is issued,and shall allow the Department of State,or its designee,the CFO,or Auditor General access to such records upon request.The recipient shall ensure that audit working papers are made available to the Department of State,or its designee,the CFO,or 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: 12 Stele/\Jd for ,ffimries O H )012y r 4r�gx r fli r01d Vd'�y�,�y J�S�. ��,�.� a<J,rr � a'�rr r d -�,O uc vtv'/e 01r202" 1062 EXHIBIT - I FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Not applicable. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not applicable. 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: Florida Department of State, State Aid to Libraries; CSFA Number. 45.030 Award Amount: See Attachment B. COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: The compliance requirements of this state project may be found in Part Four(State Project Compliance Requirements) of the State Projects Compliance Supplement located at hops://apps.fldfs.com/fSaa/. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Page:13 Stw .AJdtoV,31a nat 9r^rr+ rzg ,?itdV°rrregup1igp lWli:y Chi grater ..dJill Vd'y�,y JS. ,. a<J,rr a'rr r d - ,V uc ,tv ;W➢ 'ali: 1063 ATTACHMENT B Fiscal Year 2023-24 State Aid to Libraries Final Grants ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Page: 14 C4,,gxcVII �..dJillVd'�y�,�yJ�S�. �,�.� a<J,rr � a'rrrd -�,Vuc�,tv�;W➢,'�ali�: 1064