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R17-089 1 RESOLUTION NO. R17-089 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE 5 MAYOR TO SIGN THE GRANT APPLICATION AND 6 STATE AID TO LIBRARIES GRANT AGREEMENT 7 BETWEEN THE CITY OF BOYNTON BEACH AND 8 FLORIDA DEPARTMENT OF STATE FOR THE FISCAL 9 YEAR 2017-2018; AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 13 WHEREAS,the State of Florida requires that the City of Boynton Beach authorize the 14 Grant Application and Agreement for Library State Aid each year; and 15 WHEREAS, final grant award is based on FY 2015-2016 City of Boynton Beach 16 funds expended for Library Services and will be announced in February, 2018 and is based on 17 State Legislature approval of State Aid Fund allocation to libraries in the State of Florida; and 18 WHEREAS, upon recommendation of staff, the City Commission has determined 19 that it is in the best interests of the residents of the City to authorize the Mayor to sign the 20 Library State Aid Grant Application and Agreement with the Florida Department of State, 21 Division of Library and Information Services for the Fiscal Year 2017-2018. 22 NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF 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 28 hereby approve and authorize the Mayor to sign the Library State Aid Grant Application and 29 Agreement with Florida Department of State, Division of Library and Information Services C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Tiles\Content.IE5\TQFSZ5NC\Library_State_Aid_Grant_2017-18_-_Reso.doc 30 for the Fiscal Year 2017-2018, 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 19th day of September, 2017. 33 34 35 CITY OF BOYNTON BEACH, FLORIDA 36 37 YES NO 38 39 Mayor— Steven B. Grant ✓' 40 41 Vice Mayor—Justin Katz 42 43 Commissioner—Mack McCray 44 45 Commissioner—Christina L. Romelus 46 47 Commissioner—Joe Casello `./ 48 49 50 VOTE 51 52 ATTEST: 53 54 55 (14,k' a ' Ait, 56 Judi A. Pyle, CMC d 57 CitClerk 581 59 60 61 (Corporate Seal) x Qw C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.1E5\TQFSZ5 NC\Library_State_Aid_Grant_2017-18_-_Reso.doe MEMORANDUM OF UNDERSTANDING ( "MOU") This MEMORANDUM OF UNDERSTANDING ( "MOU ") is entered into between the CITY OF BOYNTON BEACH, 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33435 ( "BBBB "), the CITY OF LAKE WORTH, 7 N. Dixie Highway, Lake Worth, FL 33460 ( "LW ") and the LAKE WORTH HERALD PRESS INC., 1313 Central Terrace Lake Worth, FL 33460 ( "NEWSPAPER") to collaborate on a project to microfilm, digitize, and create a searchable the only known copies of the Lake Worth Herald newspapers published from 1912 to 1970. BB, LW and NEWSPAPER may be collectively referred to as the "Parties ". WHEREAS, there are currently few pre -1970s Palm Beach County newspapers available digitally; and WHEREAS, the HERALD's current online archive dates back to 2010; and WHEREAS, BB has digital issues of several Boynton Beach newspapers that existed between the 1950s and 1980s currently available through use of a searchable database on all the BB computers; and WHEREAS, the HERALD's newspaper contains information about communities from Boynton Beach to West Palm Beach during the towns' early beginnings and includes a specific "Boynton Section "; and WHEREAS, in addition to preserving the content of the HERALD's newspaper, digitizing the newspaper will supplement and add information about the history of the City of Boynton Beach and southeast Florida currently missing from the existing digital BB collection; and WHEREAS, the HERALD is the newspaper's copyright holder; and WHEREAS, BB has the expertise and experience to manage the microfilming, digitization and quality control of the project; and WHEREAS, to fund most of this project, BB submitted an application with the Florida Department of State for a Library Services and Technology Act ( "LSTA ") grant and was awarded the grant in the amount of $35,000; and WHEREAS, the Parties have agreed to formalize their relationship; and WHEREAS, the Parties agree that the terms and conditions set forth herein are in their individual and collective best interests. NOW THEREFORE, the Parties agree as follows: 1. The foregoing "Whereas" clauses are true and correct and incorporated herein. {oozowea.z 306- 900MI1 2. The term of this MOU is from October 1, 2017 through September 30, 2018 or through the completion of this project, not to exceed a period of eighteen (18) months. 3. BB's obligations and responsibilities shall be as follows: a. Through a formal bid process, BB will hire a qualified vendor for the microfilming and digitization with optical character recognition ( "OCR ") indexing of the Lake Worth Herald newspaper from 1912 to 1970; b. BB's Library Archivist will oversee and manage the project; c. BB will package and ship all the newspapers to the digitization vendor once the bid has been awarded; d. BB will handle all tasks related to the digitization process including but not limited to creating metadata, ordering servers, uploading the digital newspaper files onto the new servers, distributing the microfilms to the LW and the HERALD; e. BB will also perform quality control checks of the vendor's work; f. BB will maintain its digital files of the HERALD by running semi - annual checksums to confirm the data has not been corrupted and maintain a preservation/back -up copy of the digital files; g. Prior to the completion. of the project, BB will transfer the newspapers in new archival boxes to LW; h. BB will migrate the data as new storage equipment is purchased; i. BB will create back -ups of the digitized newspapers when they are first uploaded to its servers and will store the back -up data on a portable hard drive at an offsite, fire and water proof vault; j. BB will migrate digital and back -up files to new software versions as they are updated; k. BB will create MARC records for its electronic catalog; 1. BB will create library guides to assist researchers using the digitized newspapers; m. BB will track user analytics; n. BB will promote the project through the local media, on its social media site (s) and website. 4. LW's obligations and responsibilities shall be as follows: a. LW will create MARC records for its electronic catalogs; b. LW will maintain its digital files for the HERALD by running semi -annual checksums to confirm the data has not been corrupted; c. LW will migrate the data as new storage equipment is purchased; d. LW will promote the project on its social media site(s) and website; e. LW will migrate the data as new storage equipment is purchased; f. LW will track user analytics; and, g. Work with and cooperate with BB to meet all deadlines and fulfill all requirements of the LSTA grant. 5. HERALD's obligations and responsibilities shall be as follows: {00201464.2306- 9001821} Page 2 of 6 a. Work with and cooperate with BB to meet all deadlines and fulfill all requirements of the LSTA grant; b. Give BB and the LW the exclusive and perpetual right to freely share, at no cost to the public, any of the digitized information from the project, in print, via database or online; c. Will forward a check to the Boynton Beach City Library in the name of the Boynton Beach City Library in the amount of $2,000 no later than October 1, 2017. 6. In no event shall the parties be liable for any special, indirect or consequential damages or damages arising out of or in connection with this MOU. 7. All Parties acknowledge and verify that the individual who has signed this Agreement is legally authorized to do so, and is legally authorized to bind them to the terms and conditions of this Agreement. 8. This Memorandum of Understanding shall become effective as of the latest date it is executed. 9. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by certified United States mail, with return receipt requested, or by facsimile transmission with confirmation of receipt, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this Section. For the present, the Parties designate the following as the respective places for giving of notice: BB: Lori LaVerriere, City Manager City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33425 Telephone No. (561) 742 -6010 Facsimile No. (561) 742 -6011 Copy To: City Attorney Attn: James A. Cherof 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Phone: (561) 742 -6053 Copy To: Boynton Beach City Library Attn: Craig B. Clark, Library Director 208 South Seacrest Boulevard Boynton Beach, FL 33435 {00201464.2 306- 90C18211 Page 3 of 6 (561) 742 -6380 LW: City of Lake Worth Attn: City Manager 7 N. Dixie Highway Lake Worth, FL 33460 Copy To: City of Lake Worth Public Library Attn: Vickie Joslin, MLS 15 N. M Street Lake Worth, FL 33460 HERALD: :Mark J. Easton, President 1313 Central Terrace Lake Worth, FL 33460 10. INDEPENDENT RELATIONSHIP No relationship of employer or employee is created by this MOU, it being understood that the Parties hereto will act independent of each other and none shall be considered a joint venture, partner, employee, agent, representative or other relationship of the other for any purpose expressly or by implication. 11, COUNTERPARTS This MOU may be executed in one or more counterparts, each of which shall be deemed an original, and will become effective and binding upon the parties as of the effective date at such time as all the signatories hereto have signed a counterpart of this MOU. 12. NO THIRD PARTY BENEFICIARIES. There are no third party beneficiaries to this MOU. 13. PALM BEACH COUNTY IG . In accordance with Palm Beach County ordinance number 2011 -009, the Parties acknowledge that this MOU may be subject to investigation and /or audit by the Palm Beach County Inspector General. IN WITNESS WHEREOF, the parties have made and executed this MOU on the respective dates under each signature. ?00201464.2 306 - 90018211 Page 4 of 6 CITY OF BOYNTON BEACH, FLORIDA By: ._ Date Lori LaVerriere, City Manager ATTEST: Approved as toform and legal sufficiency: Cherof, 'City Attorney n I �' Date CITY OF LAKE WORTH LORIDA r Michael Bornstein, City Manager Approved as to form and legal sufficiency: Glen J. Torcivia, City Attorney LAKE WORTH HERALD PRESS INC. [Corporate Seal] PAM,: MIU Easton Title: President ;e a "" •!4�� denyson Cesar MY Commission Expires A / May 15, 2021 16 f Commission No. GG 104614: Date: (CC201464.2 306 - 90018211 Page 5 of 6 CORPORATE ACKNOWLEDGEMENT STATE OF SS COUNTY OF NV, ect I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Mark Easton, Officer of Lake Worth Herald Press, Inc., a Florida Profit Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he /she executed the same. WITNESS my hand and official seal thi day of - �w ri' , 2417 t �a My CommfsWon EVIm May 15. 2021 Cwmftslan Flo► QO 104614 Print, Type or Stamp Name of Notary Public Personally known to me or Produced Identification ) "-'L - :SL-. Type of I.D. Produced F DID take an oath, or E DID NOT take an oath. Signature of Notary Public State of Florida at Large {00207464.2 306 - 90018211 ROJECT NUMBER 17-LSTA-B-01 LIBRARY SERVICES AND TECHNOLOGY ACT 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, Department of State,Division of Library and Information Services,hereinafter referred to as the"Division," and the City of Boynton Beach for and on behalf of Boynton Beach City Library hereinafter referred to as the "Subgrantee." The Subgrantee has made application and has met all eligibility requirements and has been awarded a Library Services and Technology Act Grant(CFDA 45.310)by the Division: grant number 17-LSTA-B-01 for the project"Digitization of the Lake Worth Herald Newspapers"in the amount of$35,000. 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 2017-2018 General Appropriations Act on line 3127. 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 "Digitization of the Lake Worth Herald Newspapers,"the public purpose for which these funds were awarded. a) The Subgrantee shall perform the following Scope of Work: The Boynton Beach City Library(BBCL),the Lake Worth Public Library(LWPL) and the Lake Worth Herald Press, Inc. (Herald) are collaborating on a project to microfilm, digitize and create a full text index using optical character recognition(OCR) software of the only known copies of the Lake Worth Herald newspaper published from 1912 to 1970. It is the team's (BBCL, LWPL and Herald) intent to make the Lake Worth Herald newspaper available to the public in both of the libraries using the ResCarta Foundation, Inc. database. It is open source software with the ability to have the metadata collected by the Digital Public Library of America(DPLA)through an Open Archives Initiative Protocol for Metadata Harvesting(OAI-PMH) feed. The team will accomplish this by microfilming the newspapers, digitizing the film and making the database searchable using OCR software. BBCL will upload the newspaper database onto new RAID (redundant array of independent disks) servers(one in each LSTA Grant Agreement(Form DLIS/LSTA01),Effective 07-2017 Page 1 of 23 Chapter 1B-2.011(2)(d),Florida Administrative Code I , library). RAID storage distributes the data across multiple drives,which allows for continuous protection of the digitized newspapers. Metadata and MARC (machine- readable cataloging)records will be created to facilitate identification and access to the physical items and the digital files. The public will be able to access the newspapers in the libraries and online. All tasks associated with this project, as outlined in the Project Description(see Attachment A),will be performed by September 30, 2018. b) The Subgrantee agrees to provide the following Deliverables related to the Scope of Work for payments to be awarded. Payment 1: • The first payment will be a fixed price advance in the amount of 25% ($8,750) of the grant award. Payment 2, Deliverable/Task 1: • The second payment will be a fixed price in the amount of 25% ($8,750)of the grant award. Boynton Beach City Library will have: 1. Drawn up a Memo of Understanding(MOU)outlining the responsibilities of each partner. 2. Signed the contract with the digitization vendor chosen by formal bidding process. 3. Created metadata records for all of the Lake Worth Herald newspapers published from 1912 to 1970. To document evidence of completion of the deliverables Boynton Beach City Library will provide: 1. A copy of the completed and fully executed Memo of Understanding, signed by all partners. 2. A copy of the completed and fully executed contract with the digitization vendor. 3. A copy of the metadata spreadsheet in Microsoft Excel showing the number of metadata records created for all of the Lake Worth Herald newspapers published from 1912 to 1970. LSTA Grant Agreement(Form DLIS/LSTA01),Effective 07-2017 Page 2 of 23 Chapter 1B-2.011(2)(d),Florida Administrative Code t I. Payment 3, Deliverable/Task 2: • The third payment will be a fixed price in the amount of 25% ($8,750) of the grant award. Boynton Beach City Library will have demonstrated that the digitization vendor has microfilmed 80%of all of the issues of the Lake Worth Herald newspapers published from 1912 to 1970. To document evidence of completion of the deliverable Boynton Beach City Library will provide a report from the vendor indicating that 80% all of the issues of the Lake Worth Herald newspapers published from 1912 to 1970 have been microfilmed. Payment 4,Deliverable/Task 3: • The fourth payment will be a fixed price in the amount of 20% ($7,000) of the grant award. Boynton Beach City Library will have: 1. Demonstrated that the digitization vendor has microfilmed 100%of all of the issues of the Lake Worth Herald newspapers published from 1912 to 1970. 2. Demonstrated that the digitization vendor has digitized no less than 80% of all of the issues of the Lake Worth Herald newspapers published from 1912 to 1970. To document evidence of completion of the deliverable Boynton Beach City Library will provide: 1. Report from the vendor indicating that 100%of all of the issues of the Lake Worth Herald newspapers published from 1912 to 1970 have been microfilmed. 2. Report from the vendor indicating that no less than 80% of all of the issues of the Lake Worth Herald newspapers published from 1912 to 1970 have been digitized. LSTA Grant Agreement(Form DLIS/LSTA01),Effective 07-2017 Page 3 of 23 Chapter 1B-2.011(2)(d),Florida Administrative Code 4 Payment 5, Deliverable/Task 4: ■ The fifth payment will be a fixed price in the amount of 5% ($1,750 of the grant award. Boynton Beach City Library will have demonstrated: 1. The digitization vendor has digitized 100% of all of the issues of the Lake Worth Herald newspapers published from 1912 to 1970 and has completed all metadata corrections, if any. 2. Newspapers are returned to the library along with the microfilm reels and digital files. 3. Digital files are uploaded onto the new servers in BBCL and LWPL and are available online, and MARC cataloging records have been created to provide access to the public. To document evidence of completion of the deliverables Boynton Beach City Library will provide: 1. Report from the vendor indicating that 100% of all of the issues of the Lake Worth Herald newspapers published from 1912 to 1970 have been digitized and the metadata corrections have been made. 2. Receipts and tracking emails from shipping company showing the number of boxes and number of newspapers returned to library by the vendor, along with the microfilm and digital deliverables. 3. Screenshots of the online database and copies of the MARC records from both libraries' catalogs. c) The Subgrantee has provided an Estimated Project Budget(which is incorporated as part of this Agreement and titled Attachment B). All expenditures for this agreement shall be in accordance with this budget. 2. Length of Agreement.This Agreement shall begin on the date the agreement is signed by both the Subgrantee's Governing Body and the Division. The Agreement shall end September 30,2018 unless terminated in accordance with the provisions of Section 38 of this Agreement. 3. Expenditure of Grant and Matching Funds. The Subgrantee cannot obligate or expend any grant or matching funds before the Agreement has been signed by all parties.No costs incurred after the ending date of the Agreement or other termination of the Agreement shall be allowed unless specifically authorized by the Division. LSTA Grant Agreement(Form DLIS/LSTA01),Effective 07-2017 Page 4 of 23 Chapter 1B-2.011(2)(d),Florida Administrative Code 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: Susan Swiatosz, Project Manager 208 South Seacrest Boulevard Boynton Beach, Florida 33435 Phone: 561.742.6397 Facsimile: 561.742.63 81 Email: swiatoszs@bblfus 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 dosgrants.com. The total grant award shall not exceed$35,000 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) The first payment will be a 25% advance of the grant award. b) The second payment will be 25%of the grant award. Payment will be made in accordance with the completion of the Deliverables. c) The third payment will be 25% of the grant award. Payment will be made in accordance with the completion of the Deliverables. d) The fourth payment will be 20% of the grant award. Payment will be made in accordance with the completion of the Deliverables. e) The fifth payment will be 5%of the grant award.Payment will be made in accordance with the completion of the Deliverables. LSTA Grant Agreement(Form DLIS/LSTA01),Effective 07-2017 Page 5 of 23 Chapter 1B-2.011(2)(d),Florida Administrative Code 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 Authorization form(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 myfloridacfo.com/Division/AA/Forms/DFS-A1- 26E.pdf. The form also includes tools and information that allow you to check on payments. 7. Florida Substitute Form W-9.A completed Substitute Form W-9 is required from any entity that receives a payment from the State of Florida that may be subject to 1099 reporting. The Department of Financial Services(DFS)must have the correct Taxpayer Identification Number(TIN) and other related information in order to report accurate tax information to the Internal Revenue Service(IRS). To register or access a Florida Substitute Form W-9 visit flvendor.myfloridacfo.com. A copy of the Subgrantee's Florida Substitute Form W-9 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 at dosgrants.com. 9. Amendment to Contract. Either party may request modification of the provisions of this Agreement by filing a Change Request with the Division. The Change Request must be submitted using the DOS Grants System at dosgrants.com. 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: a) The full amount of the first payment(fixed-price advance in the amount of 25%of the grant award)will be returned to the State of Florida if Deliverable 1 is not satisfactorily completed. a) Second payment will be withheld if Deliverables are not satisfactorily completed. b) Third payment will be withheld if Deliverables are not satisfactorily completed. LSTA Grant Agreement(Form DLIS/LSTA01),Effective 07-2017 Page 6 of 23 Chapter 1B-2.011(2)(d),Florida Administrative Code c) Fourth payment will be withheld if Deliverables are not satisfactorily completed. d) Fifth payment will be withheld if Deliverables are not satisfactorily completed. 11. Grant Reporting Requirements.The Subgrantee must submit a Mid-Year report on or by April 1, 2018. The Mid-Year report must be submitted using the DOS Grants System at dosgrants.com. At the completion of the project,the Subgrantee must submit a Final Report on or by November 1, 2018. The Final Report must be submitted using the DOS Grants System at dosgrants.com. 12. Matching Funds.If a project is awarded less than$10,000($0-$9,999)in grant funds or is a statewide project administered by a local organization as part of a Division statewide program,no matching funds are required. All other projects must provide local matching funds that equal a minimum of one-third(1/3)of the amount of federal grant funds awarded. Upon request,the Division will waive the financial matching requirements on grants for libraries located in counties or communities with rural status in compliance with Sections 288.0656 and 288.06561,Florida Statutes. In addition,the following are not allowed as matching expenditures: • Other federal grant funds. • Volunteer time. 13. Grant Completion Deadline.The grant completion deadline is September 30,2018.The Grant Completion Deadline is the date by which all grant and matching funds have been expended in accordance with the work described in the Scope of Work as detailed in the Estimated Project Budget. 14.Acknowledgement of Grant Funding. Both the Institute of Museum and Library Services (IMLS) and the Division require public acknowledgement of Library Services and Technology Act(LSTA) grant funding for activities and publications supported by grant funds. Any announcements, information,press releases,publications,brochures, videos, web pages,programs, etc. created as part of an LSTA project must include an acknowledgment that LSTA funds were used to create them. Use the following text: "This project was funded under the provisions of the Library Services and Technology Act from the Institute of Museum and Library Services. Florida's LSTA program is administered by the Department of State's Division of Library and Information Services." 15.Non-allowable 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, incorporated by reference, which are available online at myfloridacfo.com/aadir/reference wide. LSTA Grant Agreement(Form DLIS/LSTA01),Effective 07-2017 Page 7 of 23 Chapter 18-2.011(2)(d),Florida Administrative Code Federal guidelines for allowable costs can be found in 2 CFR 2 Subpart E—Cost Principles at www.ecfr.gov. In addition,the following are not allowed as grant expenditures: 1. 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). 2. Audits. If the Subgrantee's governing entity has received less than $750,000 in federal funds, LSTA funds may not be used to cover audit costs. 3. Food. Although food may be served at a program being provided with grant funds, the food may not be purchased with grant funds. 16. Travel Expenses.The Subgrantee must pay any travel expenses, from grant or local matching funds,in accordance to the provisions of Section 112.061,Florida Statutes. 17. 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. 18. 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 include,but are not limited to,the Reference Guide for State Expenditures. For federal funds, guidelines for allowable costs can be found in 2 CFR 2 Subpart E—Cost Principles. 19.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, 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 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. LSTA Grant Agreement(Form DLIS/LSTA01),Effective 07-2017 Page 8 of 23 Chapter 1B-2.011(2)(d),Florida Administrative Code 20. 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 CFR 2 Subpart F—Audit Requirements. See Attachment C 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 fmancial assistance, it must submit a Financial Report on its operations pursuant to Section 257.41(3),Florida Statutes within nine months of the close of its fiscal year. 21. 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, 2024. If any litigation or audit is initiated or claim made,the records shall be retained until June 30,2024 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. 22. 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 representative of the State of Florida for inspection at reasonable times for the purpose of making audits, examinations, excerpts and transcripts. 23. 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. 24.Noncompliance.Any Subgrantee that is not following Florida statutes or rules, the terms of the grant agreement, Florida Department of State 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 Office of.Cultural,Historical, and Information Programs (OCHIP) Division will be in noncompliance status and subject to the OCHIP Grants Compliance Procedure. OCHIP Divisions include the Division of Cultural Affairs, 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 OCHIP grant may be released. 25.Accounting Requirements.The Subgrantee must maintain an accounting system that provides a complete record of the use of all grant funds as follows: a) The accounting system must be able to specifically identify and provide audit trails that trace the receipt,maintenance and expenditure of state funds; LSTA Grant Agreement(Form DLIS/LSTA01),Effective 07-2017 Page 9 of 23 Chapter 1B-2.011(2)(d),Florida Administrative Code 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; 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). 26.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 previously distributed. In the event of a state revenue shortfall,the total grant may be reduced accordingly. 27. 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), 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), incorporated by reference; and d) Have not had one or more public transactions(federal, state or local) terminated within the preceding three years for cause or default. LSTA Grant Agreement(Foram DLIS/LSTA01),Effective 07-2017 Page 10 of 23 Chapter 1B-2.011(2)(d),Florida Administrative Code e) Will comply with 45 CFR Part 1185 Subpart C (Responsibilities of Participants Regarding Transactions), 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. 28.Drug-Free Workplace. The Subgrantee will provide or continue to provide a drug-free workplace by complying with the requirements in Subpart B of 45 CFR Part 1186, 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. 29. 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. 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. 30.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. 31.Nondiscrimination.As required by the Civil Rights Act of 1964, incorporated by reference, the Rehabilitation Act of 1973, incorporated by reference, the Education Amendments of 1972,incorporated by reference, and the Age Discrimination in Employment Act of 1975, incorporated by reference, as implemented at 45 CFR Part 1180.44, 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§ 2000 et seq.),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; LSTA Grant Agreement(Form DLIS/LSTA01),Effective 07-2017 Page 11 of 23 Chapter 1B-2.011(2)(d),Florida Administrative Code b) Section 504 of the Rehabilitation Act of 1973, as amended(29 USC§ 701 et seq.),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), 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.),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. 32. 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 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; and 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. 33. 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. LSTA Grant Agreement(Form DLIS/LSTA01),Effective 07-2017 Page 12 of 23 Chapter 1B-2.011(2)(d),Florida Administrative Code 1 1 34. 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. 35.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 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. 36. 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. 37. 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. LSTA Grant Agreement(Form DLIS/LSTA01),Effective 07-2017 Page 13 of 23 Chapter 1B-2.011(2)(d),Florida Administrative Code 38. 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. 39. 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. 40.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. 41. 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 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. LSTA Grant Agreement(Form DLIS/LSTA01),Effective 07-2017 Page 14 of 23 Chapter 1 B-2.011(2)(d),Florida Administrative Code 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. 42. 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. 43.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. 44. 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. If the Subgrantee knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 45. 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. 46.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. 47. 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. 48.Entire Agreement.The entire Agreement of the parties consists of the following documents: a) This Agreement; b) Project Description(Attachment A); c) Estimated Project Budget(Attachment B); and d) Florida Single Audit Act Requirements(Attachment C). LSTA Grant Agreement(Form DLIS/LSTA01),Effective 07-2017 Page 15 of 23 Chapter 1B-2.011(2)(d),Florida Administrative Code In acknowledgment of Project Number 17-LSTA-B-01, provided for from funds appropriated in the FY 2017-18 General Appropriation Act in the amount of$35,000, the Subgrantee hereby certifies that they have read this entire Agreement and will comply with all of its requirements. Date of Agreement: k47,/ i( 20/ 7 Subgrantee: Department of State: By: i'v-- By: IV pink,, t Authorized Official for the Subgrantee r Lori LaVerriere, City Manager Amy Johnson, Director Typed name and title Division of Library and Information Services Department of State, State of Florida attle_ Witness Witness lahik Date 1.STA Grant Agreement(Form 1)LIS!LSTA0I),Effective 07-2017 Page 16 of 23 Chapter I B-2.011(2)(d),Florida Administrative Code Project Number: 17-LSTA-B-01 Digitization of the Lake Worth Herald Newspapers ATTACHMENT A Project Description (The project description below was extracted from the original application submitted in June 2017.) The Boynton Beach City Library(BBCL),the Lake Worth Public Library(LWPL), and the Lake Worth Herald Press, Inc. (Herald) are collaborating on a project to microfilm, digitize, and create a full text index using optical character recognition(OCR) software of the only known copies of the Lake Worth Herald newspaper published from 1912 to 1970. The City of Boynton Beach is currently constructing a new web presence, and upon completion, BBCL plans to post their digital collections, including the Lake Worth Herald newspaper, online. None of the three institutions would be able to undertake this project alone since one partner(Herald) is the copyright holder and shares ownership of the actual newspapers with the second partner(LWPL), and the third partner(BBCL)has the expertise and experience to undertake the creation of metadata and the project management skills for microfilming, digitization, and quality control. As a group,the team brings the knowledge, skills, rights, and physical objects together that are needed to complete this project successfully, along with some cash funding. In addition, as two smaller libraries and a small publisher,the team would not be able to fund this project 100%, either individually or as a group. BBCL will create metadata in a CSV(comma-separated values)Microsoft Excel spreadsheet for all issues of the Lake Worth Herald newspaper from 1912 to 1970. The vendor will use this information when digitizing the newspapers and entering the newspapers into the database. Metadata includes dates, volume and issue numbers, editor and publisher, and geographic location of the newspaper. It is used to describe and locate items in digital projects and to identify holdings, as cataloging is used to describe books and other tangible items in a library. For this project, an external METS (Metadata Encoding and Transmission Standard)XML(Extensible Markup Language) file will contain structural metadata, checksums, and descriptive metadata which will be created using MODS (Metadata Object Description Schema). BBCL will provide print and digital copies of the metadata to the vendor. BBCL will package and ship all the newspapers to the digitization vendor awarded the bid in the corrugated cardboard shipping boxes purchased to accommodate them. We have chosen to outsource the microfilming and digitization of the newspapers because it will be more cost effective than purchasing equipment and hiring employees. Outsourcing also makes sense when the size of the newspapers(23-inches by 17-inches),their fragile condition, and the scope of the project are considered. Only vendors qualified to handle fragile media and expertise in working with archival material will be considered to perform both the microfilming and the digitization. BBCL will upload the newspaper database onto new RAID(redundant array of independent disks) servers (one in each library). RAID storage distributes the data across multiple drives,which allows for continuous protection of the digitized newspapers. Metadata and MARC (machine-readable cataloging)records will be created to facilitate identification and access to the physical items and the digital files. The public will be able to access the newspapers in the libraries and online. LSTA Grant Agreement(Form DLIS/LSTA01),Effective 07-2017 Page 17 of 23 Chapter IB-2.011(2)(d),Florida Administrative Code , Project Number: 17-LSTA-B-01 Digitization of the Lake Worth Herald Newspapers ATTACHMENT B Estimated Project Budget Salaries and Benefits Position Title FTE LSTA Funds Budgeted Matching Funds Budgeted Project Manager .1 $6,469 BBCL Staff .04 $2,466 Total Salaries $0 $8,935 Contractual Services Specify LSTA Funds Budgeted Matching Funds Budgeted Northern Micrographics $35,000 $1,795 Total Contractual Services $35,000 $1,795 Library Materials Specify LSTA Funds Budgeted Matching Funds Budgeted Total Library Materials $0 $0 Supplies Specify LSTA Funds Budgeted Matching Funds Budgeted Packing supplies $0 Archival Storage supplies $0 Total Supplies $0 $0 Travel Specify LSTA Funds Budgeted Matching Funds Budgeted Total Travel $0 $0 Equipment Specify LSTA Funds Budgeted Matching Funds Budgeted Two 16-terabyte servers $6,205 Total Equipment $0 $6,205 Total Funds Budgeted $35,000 $16,935 LSTA Grant Agreement(Form DLIS/LSTA01),Effective 07-2017 Page 18 of 23 Chapter 1B-2.011(2)(d),Florida Administrative Code I ATTACHMENT C FEDERAL AND STATE OF FLORIDA SINGLE AUDIT ACT REQUIREMENTS AUDIT REQUIREMENTS The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or monitoring by the Department of State as described in this Addendum to the Grant Award Agreement. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR 200.501 Section 215.97,Florida Statutes,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, and/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 or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR 200.90, 200.64&200.70 as revised. 1. In the event that the recipient expends$750,000 for fiscal years ending after December 31, 2014 or more during the non-Federal entity's fiscal year in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of 2CFR 200.501. Exhibit 1 to this agreement indicates Federal resources awarded through 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. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR 200.514, as revised,will meet the requirement of this part. 2. In connection with 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. 3. If the recipient expends less than$750,000 for fiscal years ending after December 31, 2014 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of 2 CFR 200.501 is not required. In the event that the recipient expends less than$750,000 for LSTA Grant Agreement(Form DLIS/LSTA01),Effective 07-2017 Page 19 of 23 Chapter 1B-2.011(2)(d),Florida Administrative Code r d 1 fiscal years ending after December 31,2014 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200.501,the cost of the audit must be paid from non-Federal resources(i.e.,the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). (d)Exemption when Federal awards expended are less than $750,000. A non-Federal entity that expends less than$750,000 during the non-Federal entity's fiscal year in Federal awards is exempt from Federal audit requirements for that year, except as noted in 2 CFR§200.503 Relation to other audit requirements,but records must be available for review or audit by appropriate officials of the Federal agency,pass-through entity, and Government Accountability Office (GAO). 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. U.S. Government Printing Office www.ecfr.gov PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2) (1), Florida Statutes 1. In the event that the recipient expends a total amount of state fmancial assistance equal to or in excess of$750,000 in any fiscal year of such recipient(for fiscal years ending after June 30,2016),the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97,Florida Statutes; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550(local governmental entities)or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state fmancial 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. In connection with the audit requirements addressed in Part II,paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7),Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2) (d),Florida Statutes, and Chapters 10.550 (local governmental entities)or 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 after June 30,2016), an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes, is not required. In the event that the recipient expends less than$750,000 in state fmancial assistance in its fiscal year ending after June 30, 2016 LSTA Grant Agreement(Form DLIS/LSTA01),Effective 07-2017 Page 20 of 23 Chapter 1B-2.011(2)(d),Florida Administrative Code ` ' and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes,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) http://www.fldfs.com/ State of Florida Legislature(Statutes, Legislation relating to the Florida Single Audit Act) http://www.leg.state.fl.us/ PART III: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A- 133, as revised, and required by PART I of this agreement shall be submitted,when required by Section .320 (d), OMB Circular A-133, as revised,by or on behalf of the recipient directly to each of the following: A. The Department of State at each of the following addresses: Office of Inspector General Florida Department of State R. A. Gray Building, Room 114A 500 South Bronough St. Tallahassee, FL 32399-0250 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised(the number of copies required by Sections .320 (d)(1) and(2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and(f), OMB Circular A-133, as revised. LSTA Grant Agreement(Form DLIS/LSTA01),Effective 07-2017 Page 21 of 23 Chapter 1B-2.011(2)(d),Florida Administrative Code ! • • 2. Copies of fmancial 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 at each of the following addresses: Office of Inspector General Florida Department of State R. A. Gray Building, Room 114A 500 South Bronough St. Tallahassee, FL 32399-0250 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 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 OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 4. Recipients,when submitting financial reporting packages to the Department of State for audits done in accordance with OMB Circular A-133 or Chapters 10.550(local governmental entities)or 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 V: RECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of 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, 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,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. LSTA Grant Agreement(Form DLIS/LSTA01),Effective 07-2017 Page 22 of 23 Chapter 1B-2.011(2)(d),Florida Administrative Code I EXHIBIT— 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Florida Department of State, Library Services and Technology Act Grant, CFDA Number 45.310. Award amount: $35,000 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: If a project requests less than$10,000 ($0-$9,999) in grant funds,no matching funds are required. All other projects must provide local matching funds that equal a minimum of one- third(1/3)of the amount of federal funds requested or awarded. A library in a county or community with rural status may request a waiver of the match requirements at the time of the grant application in compliance with Section 288.06561,Florida Statutes. Statewide projects coordinated by the Division may have the matching requirement waived. Local matching funds may be in-kind or cash contributions. Expenditure of funds by partners on project-related activities may be used as match. The expenditures must be documented and reported. Local matching funds may not be used on more than one project. Matching funds must be related specifically to the project. Matching fund expenditures may only be made during the project period. Funds expended before or after the project period may not be used as match. The following may not be used as match for grants: Other federal grant funds,volunteer time. 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 LSTA Grant Agreement(Foran DLIS/LSTA01),Effective 07-2017 Page 23 of 23 Chapter 1B-2.011(2)(d),Florida Administrative Code t , 4 Department Of State Division of Library and Information Services PROJECT REVISION Grant Program(check one) X Library Services and Technology Act(LSTA) Library Cooperative Grant Project Number: 17-LSTA-B-01 Library/Organization: Boynton Beach City Library Project: Digitization of the Lake Worth Herald Newspapers Grant Amount Requested $40,032 Amount Received $35,000 I. Reason For Request(Check applicable item) X Change in funding level. Transfer among budget categories;cumulative totals exceed 10%of grant award. Change in equipment to be purchased. Transfer of funds for training allowances to other expense categories. Revision to scope or service outcomes of project. Change in key personnel. Contracting out,subgranting or otherwise obtaining services of a third party to perform central project activities. Il. Expenditures. Indicate projected expenditures for this grant in the appropriate categories on the attached page. Amounts should reflect grant and local funding. Round all amounts to the nearest dollar. • Salaries and Benefits. List all positions funded by this project,from both grant and local funding sources. • Contractual Services. Describe all services to be performed by outside agencies or firms,from both grant and local funding sources. • Equipment. List all equipment and/or furniture(tangible personal property with a useful life of at least one-year and an acquisition cost of more than$1,000)to be purchased,from both grant and local funding sources. III. Narrative. Attach a revised narrative reflecting changes to scope of work,deliverables,activities, outputs,outcomes,evaluation and budget,as applicable. aL August 23,2017 Signature Library Director tate Craig Clark Typed name of Library Director The following section will be completed by the Division of Library and Information Services: Revision Approved ._._._ Revision Not Approved A9i1 I9 Be $- —q Signature/Date Mail to:Division of Library and Information Services,R.A.Gray Building,Tallahassee,FL 32399-0250 or fax 850.245.6643 Questions? Call 850.245.6630 S Library Name: Boynton Beach City Library Project Name: Digitization of the Lake Worth Herald Newspaper BUDGET(Round all amounts to nearest dollar. Add additional lines if needed to include all information in a section.) Local/State SALARIES&BENEFITS (Position Title ) F.T.E. Grant Funds Match Project Manager, Susan Swiatosz(BBCL) 0.1 $0.00 $6,469.00 BBCL Staff Anne Watts(Assistant Library Director) 0.04 $0.00 $2,466.00 TOTAL SALARIES 0.14 $0.00 $8,935.00 Local/State CONTRACTUAL SERVICES(List each vendor) Grant Funds Match Northern Micrographics $35,000.00 $1,794.70 TOTAL CONTRACTUAL SERVICES $35,000.00 $1,794.70 Local/State SUPPLIES(Include a brief description of supplies needed) Grant Funds Match Packing Supplies(shipping boxes, plastic bags, bubble wrap, tape) $0.00 $0.00 Archival Storage Supplies(boxes, B-flute boards) $0.00 $0.00 Shipping $0.00 $0.00 TOTAL SUPPLIES $0.00 $0.00 EQUIPMENT(Include equipment and furniture with a useful life of at least one year and a unit cost of$1,000 or Local/State more) Grant Funds Match Two 16-terabyte servers $0.00 $6,205.30 TOTAL EQUIPMENT $0.00 $6,205.30 TOTAL $35,000+ 16,935.00=$51,935.00 Revised Narrative: Scope of Work: There is no change to the Scope of Work Deliverables: There is no change to the Deliverables Activities: There is no change to the Activities Outputs: There is no change to the Outputs Outcomes: There is no change to the Outcomes Evaluation: There is no change to the Evaluation Budget: Salaries and Benefits Narrative: There is no change to the Salaries and Benefits Narrative Contractual Services: The City of Boynton Beach has placed the project out for bid to qualified vendors. We obtained a hid for$36,794.70 for the project, of which $35,000 will be paid for by the LSTA grant and $1,794.70 will be paid for from funds donated by the Friends of the Boynton Beach City Library, Friends of the Lake Worth Public Library, and the Lake Worth Herald Newspaper(between the three,there is an$8,000 cash match). Supplies: The cost of supplies will not be paid for by the LSTA grant as previously stated; we have identified another funding source to pay for the packing supplies, the archival storage supplies,and the shipping costs(for both the supplies and sending the newspapers to the vendor). Equipment: The cost of equipment will not be paid for by the LSTA grant as previously stated.The total cost of two servers is $6,732. $6,205.30 will be paid for with the remaining funds donated by the Friends of the Boynton Beach City Library, Friends of the Lake Worth Public Library, and the Lake Worth Herald Newspaper. We have identified another funding source to pay for the remaining $526.70.