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R22-135 1 RESOLUTION NO. R22-135 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 2022-2023;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 2020-2021 ($2,997,296); and 15 WHEREAS, the final grant award, which is estimated to be $59,724.00, will be 16 announced in February 2023 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 2022-2023. 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 2022-23-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 2022-2023, 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 22nd day of September, 2022. 33 CITY OF BOYNTON BEACH, FLORIDA 34 35 YES NO 36 37 Mayor-Ty Penserga 38 39 Vice Mayor-Angela Cruz 40 41 Commissioner-Woodrow L. Hay 42 / 43 Commissioner-Thomas Turkin 44 45 Commissioner-Aimee Kelley 46 47 VOTE 5-0 48 49 50 ATT T: 51 52 di" t- 53 Maylee lie .us, MPA MC Ty nser 54 City Cler Mayor 55 ="oy NT0/V 56 (.( ..ovORATF•�\-7 i APP A • F•' t- : 57 (Corporate Sea> A L •• • 58 i U ppRpTEO; 59 INCOR • Michael D. Cirullo,Jr. 60 •x•••.,192•.•••• ' City Attorney t, . 61 ��`�� FLOR\„At, 62 S:\CA\RESO\Agreements\Grants\Library State Aid Grant 2022-23-Reso.docx 23-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 Agieeiieut is by and between the State of Fbrida,Department of State,Division of Library and Information Services,hereinafter referred 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 net all eligibility requirements ements and has been awarded a State All to Libraries Grant(CSFA 45.030)by the Division in the anmunt specified on the"Fiscal Year 2022-23 State All to Libraries Final Grants"docuurent(which is incorporated as part of this Agreement and entitled Attaclurent B).The Division has tie authority to administer this grant in accordance with Section 257,Florida Statutes.By reference,the application and any approved revisions are hereby made a part of this agreement. In consideration ofthe neural covenants and promises contained herein,the parties agree as follows: 1. Grant Purpose.This grant shall be used exclusively for the"State Aid to Libraries Grant,"the public purpose for which these fiords 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 anew 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,the local expenditures shall have been made during the period October 1,2020- September 30,2021. In order to be eligible to receive the grant finding,the Grantee shall manage or coordinate free hbrary service to the residents of its legal service area for the period October 1,2020 through June 30,2023.The Grantee shall: o Have a single adn-inistrative head employed lull time by the library's goveming body, o Provide free library service,inchding loaning materials available for circulation free of charge and providing reference and information services free of charge; o Provide access to materials,information and services for all residents of the area served;and o Have at least ore library,branch library or member library open 40 Hours or more each week(excluding holidays or emergencies;between Sunday through Saturday,on a schedule determined by the hbrary system)dining 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 armunt of 100%of the grant award for the period October 1,2020 through June 30,2023. The Grantee will: Page:1 State Aid to Libraries Grant Agreement(Form DLIS/SA02) Chapter IB-2.011(2Xa),Florida Administrative Code,Effective 02-2022 o Haw expended fiends to provide free hbrary service during the period October 1,2020-September 30,2021; o Provide an Evenndihne Report and certification of Local Operating Expenditures for tie period October 1,2020- September 30,2021 only, o Provide documentation showing that at least ore hbrary,branch library or member library is open 40 hours or Imre each week(excluding holidays or emergencies;between Sunday through Satuday,on a schedule detenri red by the hbrary system)during the length of the agreenent; o Provide the Certification of Credentials for the Single Administrative Head;and o Provide a Certification of Hours,Free Library Service and Access to Materials. c) Gant finds shall be used fior the operation and maintenance of the library.The allowable budget categories are:Persomel Services(salaries,wages,and related employee be-refits provided fir all persons employed by the reporting entity whether on O- hne,part-tine,tenporary,or seasonal basis);Operating Expenses(expenditures for goods and services which primarily benefit the current period and are not defined as personal services or capital outlays);Non-Fixed Capital Outlay(outlays for the acquisition of or addition to fixed assets);and Other(other operating expenditure categories in the library budget). 2. Length of Agreement.This Agreen ernt covers the period of October 1,2020 to June 30,2023,unless terminated in accordance with the provisions of Section 28 of this Agreement.This period begs with the start of the Grantee's second preceding fiscal year(October 1, 2020)and conchxies with the end of the State of Florida's current fiscal year(June 30,2023). 3. Expenditure of Grant Funds.Grant fiords will be used to reimburse a portion of local finds expended by the Grantee doing their second preceding fiscal year(October 1,2020—September 30,2021)for the operation arxi maintenance of a library and shall not exceed the anmunt specified in Attachment B. 4. Contract Adninistration.The parties are legally bound by the requirements of this agreenent.Each party's contract manager,nnamed 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 connnnicatlons regarding 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 tie contract manager within 10 days of the change. For the Division of Library and Infortmtion Services: Marian Deerey,Library Program Adninistrator Florida Department of State RA.Gray Building Mail Station#9D 500 South Bronough Street Tallahassee,FL 32399-0250 Phone:850.245.6620 Email mariandeerey@dos.nnyforida.com For the Grantee: Tiffany Pagan Boynton Beach City Library Page:2 State Aid to Libraries Clant Agreement(Form DLUS/SA02) Chapter 113.2.011(2Xa),Florida Administrative Code,E eetive 02-2022 100 East Ocean Avenue Boynton Beach Florida 33435 Phone:561.742.6384 Frrafl pagant@bbfl.us 5. Grant Payments.The total grant award shall not exceed the amount specified on the"Fiscal Year 2022-23 State Aid to Libraries Final Grants"document(Attachment B),which shall be paid by the Division in consideration for tie Grantee's trnninun perfomance as set forth by the tears and conditions of this Agreement.Payment weld bea fixed price in tie amount of 100%of the grant award as specified in Attachment B.Payment will be made in accordance with the completion of the Deliverables. 6. Electronic Payments.The Grantee can choose to use electronic finds transfer(EFT)to receive grant payments.All grantees wishing to receive their award through EFT mist submit a Vendor Direct Deposit Authorization form(form number DFS-AI-26E rev 6/2014), incorporated by referenc e,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 nryfloiidacfu.comDivision/AA/Fonrrs/DFS-A1-26E.pd£The form also includes tools and information that allow you to check on payments. 7. Florida Substitute Form W-9.A conpleted Substitute Form W-9 is required from any entity that receives a payment from the State of Florida that nay be subject to 1099 reporting.The Departnent of Financial Services(DFS)rust haw the correct Taxpayer Identification Number(TIN)and other related infomation in order to report accurate tax infomation to the Internal Revemie Service(IRS).To register or access a Florida Substitute Form W-9 visit flvendor.myfloridacfa.com A copy of the Grantee's Florida Substitute Form W-9 must be subnitted by the Grantee to the Division before or with the executed Agreement. 8. Financial Consequences.The Department shall apply the following financial consequences for failure to perform the nnimun level of services required by this Agreement in accordance with Sections 215.971 and 287.058,Florida Statutes: The Department shall require the recur of the award in a prorated amount based upon the percentage of tire that the library failed to perform the minimum level of services.Tyle prorated reduction will be in the sane percentage as the percentage of tine that the hbrary was not providing Mittman level of services. 9. Credit line(s)to Acknowledge Grant Funding.The Division requires public acknowledgement of State Aid to Libraries Grant finding for activities and publications supported by grant fiords.Any announcements,information,press releases,publications,brochures,videos, webpages,progans,etc.,created as part of a State Aid to Libraries Grant project mist include an acknowledgrent that State Aid to Libraries Grant finds were used to create them Use the following text: 'This project has been fiuxied under the provisions of the State Aid to Libraries Grant program,administered by the Florida Departnent of State's Division of Library and Information Services." 10. Grant Expenditures.The Grantee agrees to expend all grant fluids received under this ageenent solely for the purposes for which they were authorized and appropriated.Expenditures shall be in compliance with the state guidelines for allowable project costs as outlined in the Department of Financial Services'Reference Guide for State Expenditures(as of August 2021),incorporated by reference,which are available online at lttpl/edocs.diis,state.8.us/fidocs/dfs/2019ReferenceGuideForStateExpenditures.pdf. Page:3 State Aid to libraries Gant Agreement(FormDIIS/SA02) Chapter 1B-2.011(2Xa),Florida Administrative Code,Effective 02-2022 Grant finds may not be used for the purchase or construction of a hbrary building or library quarters. 11. 'Travel Expenses.The Grantee must pay any trawl expenses,from grant or local matching finds,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 unobligated funds which Ins been advanced or paid to the Grantee.hi addition,finds paid in excess of the amount to which the recipient is entitled under the tenor and conditions ofthe agreement mist be relluled to the state agency.Further,the recipient may expend finds only for allowable costs resulting from obligations incurred during the specified agreement period.Expenditures of state financial assistance mast be in compliance with the laws,rules and regulations applicable to expenditures of State finds as outlined in the Departrrent of Financial Service's Reference Guide for State Expenditures(as of August 2021) (}lttu//edocs.dlis.state.fi us/8docs/dfs/2019ReferenceGuideForStateExperditu>res. ,incorporated by reference. 13. Repayment.All refinds 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 Marian Deeney,Division of Library and Information Services,500 South Bronough Street,Marl Station#9D,Tallahassee,FL 32399.In accordance with Section 215.34(2),Florida Statutes,if a check or other draft is retuned to the Departnett for collection,Recipient shall pay to the Department a service fee of$15.00 or five percent(5%)of the face armunt 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 Attaclnied A for additional information regarding this requirement.Ifa Grantee is not required by law to conduct an audit in accordance with the Florida Single Audit Act because it did not expend at least$750,000 in state financial assistance,it must submit a Financial Report on its operations pursuant to Section 218.39,Florida Statutes within trine rmnths of the close of its fiscal year.Audits must be submitted on the DOS Grants System at dosgrants.com. 15. Retention of Accounting Records.Financial records,supporting documents,statistical records and all other records,raiding electronic storage media pertinent to the Project,shall be retained for a period of five(5)fiscal years after the closeout of the grant and release of the audit.If any litigation or audit is irrigated or claim made before the expiation 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 must make all grant records of expenditures,copies of reports, books,and related docurrentation available to the Division or a duly authorized representative of the State of Florida for inspection at reasonable tines for the purpose of malcing 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 must immediately contact the Division's 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 terns of the grant agteement,Florida Department of State(DOS)policies and guidance,local policies,or other applicable law or that has not submitted required reports or satisfied other admin strative requirements for other Division of Library and Information Services grants or grants from any other DOS Division will be in noncompliance status and subject to the DOS Grants Compliance Procedure.DOS Divisions include the Division of Arts and Culture,the Division of Elections,the Division of Historical Resources and the Division of Library and Information Services.Grant compliance issues Page:4 State Aid to Libraries Cirant Agreement(FormDIIS/SA02) Chapter 1B-2.011(2Xa),Florida Administrative Code,Effective 02-2022 nest be resolved before a grant award agreement ray be executed and before grant payments for any DOS grant may be released. 19. Accounting Requirements.The Grantee mat maintain an accounting system that provides a complete record ofthe use of all grant finds as follows: a) The accounting system mist be able to specifically identify and provide audit trails that trace the receipt,maintenance and expenditure of state finds; b) Accounting records mist adequately identify the sources and application of finds for all grant activities and must classify and identify grant finds by using the sane budget categories that were approved in the grant application.If Grantee's accounting system accumulates data in a different format than the one in tie grant application,subsidiary records mat docunent and reconcile the amours shown in the Grantee's accounting records to those amounts reported to the Division; c) An interest-bearing checking account or accounts in a state or federally chartered institution may be used far reveries and expenses described in the Scope of Work and detailed in tie Estimated Project Budget; d) Tie name of the account(s)nust include the grant award number, e) The Grantee's accounting records mist haw effective control over and accountability for all finds,property and other assets;and fl Accounting records mat 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. Avaiabr7ity of State Fns.The State of Florida's performance and obligation 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 Agreement is dependent are withdrawn, this Agreement will be autonatically terminated and the Division shall have no further liability to the Grantee beyond those amounts already expended prior to tie tenrnration date. Such termination will not affect the responsibility of tie Grantee under this Agreement as to those finds previously distributed.In the event of a state revenue shortfall,the total grist may be reduced accordingly. 21. Lobbying.The Grantee will not use any grant funds for lobbying the state legislature,the state judicial branch or any state agency. 22. Independent Contractor Status of Grantee.The Grantee,ifnot 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 Grantee is not entitled to accrue any benefits of state employment,including retirement benefits and any other rights or privileges connected with en>ployn>rrt by the State of Florida. 23. Grantee's Subcontractors.The Grantee shall be responsible for all work perfomned and all expenses incurred in connection with this Agreement.The Grantee may subcontract,as necessary,to perform the services and to provide connrndities 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 tie 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 part 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 ray the Grantee exclude liability for its own acts,omissions to act or negligence to the Division. Page:5 State Aid to libraries Gant Agreennnt(FonnDt]S/SA02) Chapter 1B-2.011(2Xa),Florida Administrative Code,Effective 02-2022 a) The Grantee shall be responsible for claims of any natty e,innchduig 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 hamiess from any and all claim 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 defense of sovereign immunity or increases the limits of its liability by entering into this Agreennent. c) The Division shall not be liable for attorney fees,interest,late charges or service fees,or cost of collection related to this d) The Grantee shall be responsible for all work performed and all expenses incurred in connection with the project.The Grantee may subcontract as necessary to perforin 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 tie 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 confomity with all applicable laws and regulations of the local,state and federal law.For consegtrences of noncompliance,see Section 18,Noncompliance. 26. No Discrinination.The Grantee may not discriminate against any employee employed under this Agreement or against any applicant for employment 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 finis already received,will withhold subsequent payments and/or will terminate this agreement if the Grantee improperly expends and manages grant finds;fails to prepare,preserve or surrender records required by this Agreement;or otherwise violates this Agreement. 28. Tenni nation of Agreement.The Division will terminate 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 the violation is not cured within the stated period,the Division will teminate this Agreement The notice of violation letter shall be delivered to the Grantee's Contract Manager,personally,or nailed to his/her specified address by a method that provides proof of receipt.In the event that the Division terminates this Agreement,the Grantee shall be compensated for any work completed in accordance with this Agreement prior to the notification of termination if the Division deems this reasonable oder the circumstances.mstances.Grant ftads 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 alter termination of this Agreement.The Division does not waive any of its rights to additional damages if grant finds are retuned Larder this Section. 29. Preservation of Remedies.No delay or omission to exercise any right,power or ren&dy accruing to either party upon breach or violation by either party under this Agi cal wit 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 30. Non-Assignment of Agreement.The Grantee ray not assign,sublicense or otherwise transfer its rights,dunes or obligations infer this Page:6 State Aid to Libraries Grant Agreement(Form DI1S/SA02) Chapter IB-2.011(2Xa),Florida Administrative Code,Effective 02-2022 Agreement without the prior written consent of the Division,which shall not unreasonably be withheld.Tire agrees nt transferee mist demonstrate compliance with the requirerrents of the project.Ifthe Division approves a transfer of the Grantee's obligations,the Grantee shall remain liable for all work perfomned 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 Agreenent shall be transferred to the succeeding governmental agency as if it was the original party to this Agreement. 31. Required Procurement Procedures for Obtaining Goods and Services.The Grantee shall provide naxirnun open competition when procuring goods and services related to the grant-assisted project in accordance with Section 287.057,Florida Statutes. a) Procurenent of Goods and Services Not Exceeding$35,000.The Grantee mist 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 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 informal competition and nay be procured by purchase order,acceptance of vendor proposals or other appropriate procu ren ent document. b) Procurenent 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 cognizant of the prohibition of conflicts of interest described in Sections 112.311 through 112.326,Florida Statutes and affirm 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 Grantee fiather 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. 33. Binding of Successors.This Agreement shall bind the successors,assigns and legal representatives ofthe Grantee and of any legal entity that succeeds to the obligations of the Division of Library and Information Services. 34. Employment of Unauthorized Aliens.The employment ofunauthorized aliens by the Grantee is considered a violation of Section 274A (a)of the Immigration and Nationality Act(8 USC 1324(a)(as ofApnl 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 Agreerrent is found to be illegal and unenforceable,the remainder will remain in fit farce 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 tie 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 riles of Florida.Venue or location for any legal action arising ruder this Agreement will be in Leon County,Florida. Page:7 State Aid to Libraries Grant Agreement(FormDLUS/SA02) Chapter IB-2.011(2Xa),Florida Administrative Code,Effective 02-2022 38. Entire Agreement.The entire Agreement of the parties consists ofti a following documents: a) This Agreement b) Florida Single Audit Act Requirements(Attaclurt►t A) c) Fiscal Year 2022-23 State Aid to Libraries Fugal Grants(Attachment 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: f� By: Chair 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 . 40e_r ?a- D?-X Date Date �._ • Clerk or ial Officer Witness Maylee D- esus, City Clerk em i' d-a o&c)-- Date Date Page:8 State Aid to libraries dant Agreement(FOrmDL1S/SA02) Chapter IB-2.011(2Xa),Florida Administrative Code,Effective 02-2022 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 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,Subpart F-Audit Requirements,and section 215.97,Florida Statutes(F.S.),as revised(see Audits below), monitoring procedures may include,but not be limned to,on-site visits by Deparin ent of State stag united scope audits as defined by 2 CFR 2§200.425,or other procedures.By entering into this agreenent,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 lunged scope audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by tie Departrnent of State staff to the recipient regarding such audit.The recipient feather 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 goverment or a nonprofit orgaiwatlon as defied 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 mist have a single or program-specific audit conducted in accordance with the provisions of 2 CFR 200,Subpart F-Audit Requa enents.Exhibit 1 to this agreement lists the federal resources awarded through the Department of State by this agreenent.In determining the federal awards expended in its fiscal year,the recipiert shall consider all sources of federal awards,including federal resources received from the Department of State.The detemnination of amounts of federal awards expended should be in accordance with the guidelines established by 2 CFR 200.502-503.An audit ofthe recipient conducted by the Auditor General in accordance with the provisions of 2 CFR 200.514,will meet the requirement ement of this Part. 2. For the audit requirements addressed in Part I,paragraph 1,the recipient shall fi>tfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than$750,000 in federal awards in its fiscal year is not requited to have an audit conducted in accordance with the provisions oft CFR 200,subpart F-Audit Requirenents.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 ofthe audit mist be paid from non-federal resources(ie.,the cost of such an audit rust be paid from recipient resources obtained from other than federal entities). Part II: State Funded Page:9 State Aid to Libraries Grant Agreement(FormD11S/SA02) Chapter 1B-2.011(2Xa),Florida Administrative Code,Effective 02-2022 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 Jule 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;aud Chapters 10.550(local governmental entities)and 10.650(nonprofit and for-profit organizations),Rules ofthe 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,inchding state financial assistance received from the Department of State,other state agencies,and other nonstate entities.State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for federal program matching requirements. 2. For the audit requirements addressed in Part II,paragraph 1,the recipient shall ensure that the audit complies with the requirements of Section 215.97(8),F.S. This includes submission of a financial reporting package as defined by Section 215.97(2)F.S.,and Chapters 10.550(local governmental entities)and 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. 3. Ifthe recipient expends less than$750,000 in state financial assistance in its fiscal year(far fiscal years ending Jame 30,2017 and thereafter),an audit conducted in accordance with the provisions of Section 215.97,F.S.,is not required.In the evert 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 tie interpretation of compliance issues. State of Florida Department Financial Services(Chief Financial Officer) bttp•J/www.myfloridacfb.com' State of Florida Legislature(Statutes,Legislation relating to the Florida Single Audit Act) http://www.leg.state,8.us/ 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 ofthe Mowing A. The Department of State via the DOS Grants System at https!//dosgrants.com B. The Federal Audit Clearinghouse(FAC)as provided in 2 CFR 200.6 and section 200.512 The FAC's website prides a data entry system and required form for submitting the single audit reporting package.Updates to the location of the FAC and data entry system may be food 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 Jmps!//dosgrants.com Page:10 State Aid to libraries Grant Agreement(FormDIIS/SA02) Chapter IB-2.011(2Xa),Florida Administrative Code,Effective 02-2022 B. the Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building,Room 401 111 West Madison Street Tallahassee,Florida 32399-1450 3. Any reports,manageneil letter,or other information required to be subn:Qted to the Department of State pursuant to this agreement shall be submitted timely in accordance with 2 CFR 200.512,section 215.97 F.S. and Chapters 10.550(local govemrnnental entities)and 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 2 CFR 200, Subpart F-Audit Requirerr>en is or Chapters 10.550(local governmental entities)es)and 10.650(nonprofit and for-profit organizations), Rules of the Auditor General,should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. Part IV: Record Retention 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of the award(s)and this agreement for a period of five years from the date the audit report is issued,and shall allow the Departn ert 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 avallable to the Department of State,or its designee,the CFO,or Auditor General upon request for a period of at least three years from the date the audit report is issued,unless extended in writing by the Department of State. Page:11 State Aid to Libraries(}ant Agreement(Form DUS/SA02) Chapter 1B-2.011(2Xa),Florida Administrative Code,Effective 02-2022 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 https://apps.fldfs.com/fsaa/. Page:12 State Aid to Libraries Gant Agreement(FormDLIS/SA02) Chapter 1B-2.011(2)(a),Florida Administrative Code,Effective 02-2022 ATTACHMENT B Fiscal Year 2022-23 State Aid to Libraries Final Grants Page:13 State Aid to Libraries Gant Agreement(FormDL]S/SA02) Chapter 1B-2.011(2)(a),Florida Administrative Code,Effective 02-2022