R23-113 1 RESOLUTION NO. R23-113
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE
5 GRANT APPLICATION AND STATE AID TO LIBRARIES GRANT
6 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND
7 FLORIDA DEPARTMENT OF STATE FOR THE FISCAL YEAR
8 2023-2024;AND PROVIDING AN EFFECTIVE DATE.
9
10
11 WHEREAS, the State of Florida requires that the City of Boynton Beach authorize the
12 Grant Application and Agreement for Library State Aid each year; and
13 WHEREAS, final grant award is based on City funds expended for Library Services in FY
14 2021-2022; and
15 WHEREAS, the final grant award, which is estimated to be $47,262.00, will be
16 announced in February 2024 and is based on State Legislature approval of State Aid Fund
17 allocation to Libraries in the State of Florida; and
18 WHEREAS, upon recommendation of staff, the City Commission has determined that
19 it is in the best interests of the residents of the City to authorize the Mayor to sign the State
20 Aid to Libraries Grant Application and Agreement with the Florida Department of State,
21 Division of Library and Information Services for the Fiscal Year 2023-2024.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
23 BOYNTON BEACH, FLORIDA, THAT:
24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption
26 hereof.
27 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
S:\CA\RESO\Agreements\Grants\Library State Aid Grant 2023-24-Reso.docx
28 approve and authorize the Mayor to sign the State Aid to Libraries Grant Application and
29 Agreement with Florida Department of State, Division of Library and Information Services for
30 the Fiscal Year 2023-2024, a copy of which is attached hereto as Exhibit "A".
31 Section 3. This Resolution shall become effective immediately upon passage.
32 PASSED AND ADOPTED this 5th day of September, 2023.
33 CITY OF BOYNTON BEACH, FLORIDA
34
35 YES NO
36
37 Mayor-Ty Penserga
38
39 Vice Mayor-Thomas Turkin -A-10$61\--
40
41 Commissioner-Angela Cruz
42
43 Commissioner-Woodrow L. Hay
44
45 Commissioner-Aimee Kelley
46
47 VOTE —I—O
48
49
50 A T:
51
52 IN.... !
53 Mayle• I- Jesus, M'A, MMC Ty Pense,
54 City Cle - Mayor
55
yI ON gF�\ \
;f O ORATE•**•1°,5,\ \
56 c �• A"'ROVED AS TO FOR :
57 (Corporate Seal) 10:c-, &-S-) • �i
59 ' v NG0 (-)j2 David N. Tolces
60 ••'•••.....•••SOP' Interim City Attorney
61 %%, F1,0\--r"
62
S:\CA\RESO\Agreements\Grants\Library State Aid Grant 2023-24-Reso.docx
24-ST-56
Boynton Beach City Library
STATE AID TO LIBRARIES GRANT
AGREEMENT BETWEEN
THE STATE OF FLORIDA, DEPARTMENT OF STATE
AND
City of Boynton Beach for and on behalf of Boynton Beach City Library
This Agreement is by and between the State of Florida,Departrnent of State,Division of Library and InfomBtion Services,hereinafter refereed to
as the'Division,"and the City of Boynton Beachfor and on behalf of Boynton Beach City Library,hereinafter referred to as the"Grantee."
The Grantee has submitted an application and has nret all eligibility requirements is and has been awarded a State Aid to Libraries Grant(CSFA
45.030)by the Division in the amount specified on the"Fiscal Year 2023-24 State Aid to Libraries Final Grants"document(which is
incorporated as part of this Agreement and entitled Attaclu trait B).The Division has the authority to adninister this grant in accordance with
Section 257,Florida Statutes.By reference,the application and any approved revisions are hereby rade a part of this agreement.
In consideration of the initial covenants and pronises contained herein,the parties agree as follows:
1. Grant Propose.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 anmunt that is calculated and
based upon local finds expended during the second preceding fiscal year for the operation and maintenance of the library.For this
grant,tire local expenditures shall have been Trade 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 lbrary service to the residents of its
legal service area for the period October 1,2021 through Jure 30,2024.The Grantee shall:
o Have a single adninistrative head employed full time by the library's governing body,
o Provide free hbrary service,including loaning materials available for circulation free of charge and providing reference and
information services free of charge;
o Provide access to materials,innfornnation and services for all residents of the area served;and
o Have at least one library,branch lbrary or'either hbrary open 40 hours or more each week(excluding holidays or
emergencies;between Sunday through Saturday,on a schedule determined by the hbrary 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.
Payment 1,Deliverable/Task:
Payment will be a fixed price in the amount of 100%of the grant award for the period October 1,2021 through June 30,2024.
lie Grantee will:
Page:1
State Aid to libraries Grant Agreement(FormDIZS/SA02)
Chapter 1B-2.011(2)(a),Florida Administrative Code,Effective 05-2023
o Have expended finds 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 documentation showing that at least one library,branch hbrary or member library is open 40 hours or more each
week(excluding holidays or emergencies;between Sunday through Saturday,on a schedule detemmed by the hbrary
system)during the length of the agreement;
o Provide the Certification of Credentials for the Single Adrr>ir»strative Head;and
o Provide a Certification of Hous,Free library Service and Access to Materials.
c) Grant fads shall be used for the operation and nuintenance of the hbrary.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-
tine,part-tune,temporary,or seasonal basis);Operating Expenses(expenditures for goods and services which primarily benefit
the cert 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 Ag eenent covers the period of October 1,2021 to Jure 30,2024,unless temiriated 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 of the State of Florida's current fiscal year(June 30,2024).
3. Expenditure of Grant Funds.Grant funds will be used to reimburse a portion of local finds expended by the Grantee during their
second preceding fiscal year(October 1,2021—September 30,2022)for the operation and maintenance of a hbrary and shall not
exceed the amount specified in Attaclarcrrt B.
4. Contract Adninistration.The parties are legally bound by the requirements of this agreement.Each party's contract nnnmager,nanned
below,will be responsible for monitoring its performarnce under this Agreement and will be the official contact for each party.Any
notice(s)or other comnuications regarding this agreement shall be directed to or delivered to the other party's coriract nsnager by
utilizing the information below.My change in the contact infomution 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 Penia,Grant Programs Supervisor
Florida Department of State
RA.Gay Bulli ng
Mail Station#9D
500 South Bronough Street
Tallahassee,FL 32399-0250
Phone:850.245.6620
Eisai:thones.pena@dos.myllorkla.com
For the Grantee:
Tiffany Pagan
Boynton Beach City Library
100 East Ocean Avenue Boynton Beach Florida 33435
Page:2
State Aid to Libraries Grant Agreement(Form DUS/SA02)
Chapter 1B-2.011(2)(a),Florida Administrative Code,Effective 05-2023
Phone:561.742.6384
Fna>L pagnnt bb8.us
5. Grant Payments.I11 total grant award shall not exceed the amount 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 far the Grantee's minium performance as set
forth by the terns and conditions of this Agreement.Payment will be a fixed price in the armurt of 100%of the grant award as specified
in Attacluieit B.Payment will be made in accordance with the completion of the Deliverables.
6. Electronic Payments.The Grantee can choose to use electronic funds 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-AI-26E,rev 3/2022),
incorporated by reference,to the Florida Deparhnent of Financial Services.If EFT has already been set up for your organtiation,you do
not need to submit another authori ration firm unless you have changed bank accounts.To download this firm visit
myfloridacfo.corn'docs-st accounturg and-auditing hbraries/vendors/vendor-relations/dfs-a 1-26e-direct-deposit-verdors.pdr?
sfvnsr>=e$728cf 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 may be subject to 1099 reporting.The Department of Financial Services(DFS)mist have the correct Taxpayer Identification
Number(TIN)and other related inrfomation in order to report accurate tax information to the Internal Revenue Service(IRS).To register
or access a Florida Substitute Form W-9 visit ivendor.rrryfloridacfo.com A copy of the Grantee's Florida Substitute Form W-9
crust be subnitted by the Grantee to the Division before or with the executed Agreement.
8. Financial Consequences.Tile Departlrent shall apply the following financial consequences for fillure to perform tie minimi level of
services required by this Agreement in accordance with Sections 215.971 and 287.058,Florida Statutes:
The Departnent shall require the return of the award in a prorated amount based upon the percentage oftune that the hbrary failed to
perform the ni niniun level of services.The prorated reduction will be in the sane percentage as the percentage of time that the library was
not providing nmunun level of services.
9. Credit line(s)to Acknowledge Grant Funding.The Division requires public ackmwledgen ert of State Aid to Libraries Grant finding
for activities and publications supported by grant finds.Any announcements,infomation,press releases,publications,brochures,videos,
webpages,programs,etc.,created as part of a State Aid to Libraries Grant project must irrchde an acknowledgment that State Aid to
Libraries Grant finds were used to create them
Use the following text:
'Ibis project has been Ended under tie provisions ofthe State Aid to libraries Grant program,administered by the Florida Department
of State's Division of Library and Infornation Services."
10. Grant Expenditures.The Grantee agrees to expend all grant finds received under this agreement solely for the purposes for which they
were authorized and appropriated.Fxpen inures 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
are available online at nryBoridacf+o.coni'docs-sgaccountangand-auditing-hbraries/state-agencies/reference-ride-for-state-
experditures.pdf?sfvrsn=b4cc3337 2.
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State Aid to libraries Gant Agreement(FormDLIS/SA02)
Chapter 1B-2.011(2)(a),Florida Administrative Code,Effective 05-2023
Grant funds may not be used for the purchase or construction of a hbrary building or hbrary quarters.
11. Travel Expenses.The Grantee mist pay any trawl expenses,from grant or local matching funds,in accordance to the provisions of
Section 112.061,Florida Statutes.
12. Unobligated and Unearned Funds and Allowable Costs.In accordance with Section 215.971,Florida Statutes,the Grantee shall
refund to the State of Florida any balance of umbligated funds which has been advanced or paid to the Grantee.In addition,fluids paid in
excess of the amount to which the recipient is entitled under the terms and conditions of the agreement mist be refirnded to tie state
agency.Further,the recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreennent
period.Expenditures of state financial assistance mist be in compliance with the laws,rules and regulations applicable to expenditures of
State finds as outlined in the Departmert of Financial Service's Reference Guide for State Expenditures(as of October 2022)
nnylloridacfo.cootdocs-sflaccounti ngand-auditing-hbraries/state-agencies/reference-guide-for-state-experidihues.pol.?
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 marled directly to the fallowing address:Florida Department of State,Attention Thomas Pefia,Division of
Library and Information Services,500 South Bronough Street,Mail Station#9D,Tallahassee,FL 32399.In accordance with Section
215.34(2),Florida Statutes,if a check or other draft is retuned to the Department for collection,Recipient shall pay to the Departrrert
a service fee of$15.00 or five percent(5%)of the face amort 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 Attacluieiit A for additional information regarding this requirement.If a Grantee is not required by law to conduct an audit
in accordance with tie Florida Single Audit Act because it did not expend at least$750,000 in state financial assistance,it mat subunit a
Financial Report on its operations pursuant to Section 218.39,Florida Statutes within nine months of the close of its fiscal year.Audits
mist be submitted on the DOS Grants System at dosgrarts.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 alter 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 Access to Grant Records.The Grantee mat make all grant records of expenditures,copies of reports,
books,and related documentation available to the Division or a duly authorized representative of the State of Florida fir inspection at
reasonable tines 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 inirrediately contact the
Divisions Contract Manager for assistance if it receives a public records request related to this Agreement.
18. Noncompliance.Any Grantee that is not following Florida Statutes or rules,the terms 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 requ i enents for other Division of Library and Information Services grants or grants from any other DOS Division will be in
noncompliance status and subject to tie DOS Grants Compliance Procedure.DOS Divisions include the Division of Arts and Culture,the
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State Aid to libraries Grant Agreement(FormDUS/SA02)
Chapter IB-2.011(2Xa),Florida Administrative Code,Effective 05-2023
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 Tray be executed and before grant payments for any DOS grant may be released.
19. Accounting Requirements.The Grantee mist maintain an accounting system that provides a complete record of the use of all grant
fields as follows:
a) The accounting systematist be able to specifically identify and provide audit trails that trace the receipt,maintenance and
expendrtxue of state fiords;
b) Accounting records mist adequately identify the sources and application of finds for all grant activities and mist classify and
identify grant fluids by using the sane budget categories that were approved in the grant application.If Grantee's accounting
system accumilates data in a di$erent fomnt than the ore in the grant application,subsidiary records mist document and
reconcile tie an Bunts shown in the Grantee's accounting records to those armu is reported to the Division;
c) An interest-bearing checking account or accounts in a state or federally chartered institution may be used for revemes and
expenses described in the Scope of Work and detailed in the Estimated Project Budget;
d) The name of the account(s)nest include the grant award number;
e) The Grantee's accounting records mist have effective control over and accountability for all finds,property and other assets;and
f) Accounting records mast 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 ob tion to pay under this Agreement are contingent upon an
annual appropriation by the Florida Legislature.In the event that the state finds upon which this Ageentent is dependent are withdrawn,
this Agreement will be automatically terminated and the Division shall have no further liability to the Grantee beyond those amounts already
expended prior to the temptation date.Such temptation will not affect the responsibility of the Grantee under this Agreement as to those
furls 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 fluids 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 Ageeentent,shall act in the capacity of independent contractors and not as officers,agents or employees of the state.
lie Grantee is not entitled to accrue any benefits of state employment,including relncrrent benefits and any other rights or privileges
connected with employment by the State of Florida.
23. Grantee's Subcontractors.The Grantee shall be responsible for all work performed and all expenses incurred in connection with this
Agreement.The Grantee may subcontract,as necessary,to perform the services and to provide con-modifies required by this Agreement.
The Division shall not be liable to any subcontractor(s)far any expenses or liabilities incurred under the Grantee's subcontract(s),and the
Grantee shall be solely liable to its subcontractor(s)for all expenses and liabilities incurred under its subcontract(s).The Grantee mist take
the necessary steps to ensure that each of its subcontractors will be deemed to be independennt contractors and will not be considered or
permitted to be agents,servants,joint venturers or partners ers of the Division.
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
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State Aid to Libraries Crant Agreement(FormDIIS/SA02)
Chapter 1B-2..011(2Xa),Florida Administrative Code,Effective 05-2023
a) The Grantee shall be responsible for claims of any nature,including but not limited to injury,death and property damage arising out
of activities related to this Agreement by the Grantee,its agents,servants,employees and subcontractors.The Grantee shall
indemnify and hokl the Division harmless from any and all claims of any nature and shall investigate all such claims at its own
expense.If the Grantee is governed by Section 768.28,Florida Statutes,it shall only be obligated in accordance with this
Section.
b) Neither the state nor any agency or subdivision of the state waives any defe►ne of sovereign inn-unity or increases the limits of its
liability by entering into this Agreemeit
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 perfom>ed and all expenses incurred in connection with the project.The Grantee
may subcontract as necessary to perform the services set forth in this Agreement,including entering into subcontracts with vendors
for services and commodities,provided that such subcontract has been approved in writing by the Department prior to its
execution and provided that it is understood by the Grantee that the Department shall not be liable to the subcontractor for any
expenses 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 of the local,state and federal law.For consequences of noncompliance,see Section 18,Noncompliance.
26. No Discrinination.The Grantee may not discrviulate against any empbyee en>pbyed under this Agreement or against any applicant for
enipbyment because of race,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 fiords already received,will withhokl subsequent payments and/or
will teminate this agreement War Grantee improperly expends and manages grant finds;fails to prepare,preserve or surrender records
required by this Ageenrent;or otherwise violates this Agreenrent.
28. Termination of Agreement.The Division will teminate or end this Agreement if the Grantee fails to fulfill its obligations herein.In such
event,the Division will provide the Grantee a notice of its violation by letter and shall give the Grantee fifteen(15)calendar days from the
date of receipt to cure its violation If dr violation is not cured within the stated period,the Division will terminate this Agreement The
notice of violation letter shall be delivered to the Grantee's Contract Manager,personally,or mailed to his/her specified address by a
method that provides proof of receipt.In the event that tie 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 deens this reasonable under the
circumstances.mstances.Grant finds 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 temnnation of this Agreement.The Division does not waive any of its
rights to additional damages if gant funds are returned under this Section.
29. Preservation of Remedies.No delay or onission 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 simlar breach or default.
30. Non-Assignment of Agreement.The Grantee may not assign,sublicense or otherwise transfer its rights,duties or obligations under this
Page:6
State Aid to libraries(}ant Agreement(FormDIIS/SA02)
Chapter IB-2.011(2Xa),Florida Administrative Code,Effective 05-2023
Agreement without the prior written consent of the Division,which shall not unreasonably be withhekl.The agreement transferee mist
dermrstrate compliance with the requirements ofthe project.If the Division approves a transfer of the Grantee's obligations,the Grantee
shall remain liable for all work perfomed 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 ob 4r tions under this Agreement shall be transferred to the succeeding govemrental agency as if it was
the original party to this Agreement.
31. Required Procurement Procedures for Obtaining Goods and Services.The Grantee shall provide nnxnnnn open competition when
procuring goods and services related to the grant-assisted project in accordance with Section 287.057,Florida Statutes.
a) Procurement of Goods and Services Not Exceeding$35,000.The Grantee mist use the applicable procurement method
descnbed below
1. Purchases Up to$2,500:Procurement of goods and services where individual purchases do not exceed$2,500 do not
require coopetition 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 inforrml 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.
32. Conflicts of Interest.The Grantee hereby certifies that it is cognisant of the prohibition of conflicts of interest descnbed in Sections
112.311 through 112.326,Florida Statutes and aflin s that it will not enter into or maintain a business or other relationship with any
employes of the Department of State that would violate those provisions.The Grantee further agrees to seek authorization from the
General Counsel for the Departnnent of State prior to entering into any business or other relationship with a Departnent of State Employee
to avoid a potential violation of apse statutes.
33. Binding of Successors.This Agreement shall bind the successors,assigns and legal representatives of the Grantee and of any legal entity
that succeeds to the obligations of the Division of library and Information Services.
34. Employment of Unauthorized Aliens.The employment of unauthorized aliens by the Grantee is considered a violation of Section 274A
(a)of the Immigration and Nationality Act(8 USC 1324(a)(as of April 2019)),incorporated by reference. If the Grantee knowingly
employs unauthorized aliens,such violation shall be cause for unilateral cancellation of this Agreement.
35. Severability.If any term or provision of the Agreement is found to be illegal and unenforceable,the remainder will remain in full force and
effect,and such term or provision shall be deemed stricken
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.gov(as of January 2020)),incorporated by reference).
37. Governing Law.This Agreement shall be construed,performed and enforced in all respects in accordance with the laws and rules of
Florida.Venae or location for anylegal action arising under this Agreement will be in Leon County,Florida
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State Aid to Libraries&ant Agreement(FormDLIS/SA02)
Chapter 1B-2.011(2Xa),Florida Administrative Code,Effective 05-2023
38. Entire Agreement.The entire Agreement of the parties consists of the following documents:
a) This Agreement
b) Fbrida Single Audit Act Requirements(Attachment A)
c) Fiscal Year 2023-24 State Aid to Libraries Final Grants(Attaclusent B)
The Grantee hereby certifies that they have read this entire Agreement and will comply with all of its requirements.
Grantee: Department of State
By: ",----:14 By:
—...........7,-
Chair
iiChair of t , Body or Chief Executive Officer
Amy L. Johnson, Director
Division of Library and Information Services
Ty Penserga, Mayor Department of State, State of Florida
Typed name and title
4err' e( c1DateDate
illi 401,--'
Clerk or ChiefFinanc.: ••i,ii - Witness
Maylee De Jesus, ty Clerk
Qt0er1ter S, a
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Page:8
State Aid to Libraries Crant Agreement(FormDLIS/SA02)
Chapter 18-2.011(2Xa),Florida Administrative Code,Effective 05-2023
ATTACHMENT A
FLORIDA SINGLE AUDIT ACT REQUIREMENTS
AUDIT REQUIREMENTS
the
administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or mmnitoring by the
Department of State as described in this Addendum to the Grant Award Ageernent.
Monitoring
In addition to reviews of audits conducted in accordance with 2 CFR 200,Subpart F-Audit Requi enetts,and section 215.97,Florida
Statutes(F.S.),as revised(see Audits below), ni n Loring procedures rrey include,but not be linked to,on-site visits by Department of State
stag limited scope audits as defined by 2 CFR 2§200.425,or other procedures.By entering into this agreement,the recipient agrees to conply
and cooperate with any monitoring procedures/processes deemed appropriate by the Department of State.In the event the Department of State
detemmes that a united scope audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by the
Departnrent of State staff to the recipient regarding such audit 'rile recipient flitter agrees to conply 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 mast 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 detemnmg 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 detenrimation 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 tie audit requirenents enents addressed in Part I,paragraph 1,the recipient shall fulfill the requirements relative to auditee responsrbllrties 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 mist 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 II: State Funded
Page:9
State Aid to Libraries Gant Agreement(FormDLIS/SA02)
Chapter 1B-2.011(2Xa),Florida Administrative Code,Effective 05-2023
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
govemnertal 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 t 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 requirernenis.
2. For the audit requirenents addressed in Part II,paragraph 1,the recipient shall ensure that the audit con plies with the requirements emen is 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 govemnetlal erfities)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(ie.,the cost of such an audit
mist 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)
http://www.myfloridacfo.com/
State of Florida Legislature(Statutes,Legislation relating to the Florida Single Audit Act)
http://www.kgstate,flus/
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 httpsi//dosgrants.com
B. Tie 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 forts for submitting the single audit reporting package.Updates to the
location of the FAC and data entry system nay be bud at the OMB website.
2. Copies of financial reporting packages required by PART II 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 https:///dosgrants.com
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State Aid to Libraries(}ant Agreement(FormD11S/SA02)
Chapter 1B-2.011(2)(a),Florida Administrative Code,Effective 05-2023
B. The Auditor General's Once at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building,Room 401
111 West Madison Street
Tallahassee,Florida 32399-1450
3. Any reports,managenert letter,or other information required to be subnitted to the Department of State pursuant to this ag eenent shall
be subnitted 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 organiartions),Rules of the 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 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. Ile recipient shall retain sufficient records demonstrating 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.
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State Aid to Libraries Crant Agreement(FOrmDLUS/SA02)
Chapter 1B-2.011(2Xa),Florida Administrative Code,Effective 05-2023
EXHIBIT- 1
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 httpsi/apps.fldfs.com/fsaa/.
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State Aid to Libraries Grant Agreement(Form DLIS/SA02)
Chapter 1B-2.011(2)(a),Florida Administrative Code,Effective 05-2023
ATTACHMENT B
Fiscal Year 2023-24 State Aid to Libraries Final Grants
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State Aid to libraries Gant Agreement(FormDIUS/SA02)
Chapter 1B-2.011(2Xa),Florida Administrative Code,Effective 05-2023