R24-279 1 RESOLUTION NO. R24-279
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA,ACCEPTING THE FISCAL YEAR 2024-2025 STATE AID
5 TO LIBRARIES GRANT FROM THE STATE OF FLORIDA, DEPARTMENT
6 OF STATE, DIVISION OF LIBRARY AND INFORMATION SERVICES;
7 APPROVING THE STATE AID TO LIBRARIES GRANT AGREEMENT WITH
8 THE STATE OF FLORIDA; AND FOR ALL OTHER PURPOSES.
9
10 WHEREAS, the State of Florida, Department of State, Division of Library and Information
11 Services ("Division"), and the City of Boynton Beach ("City) desire to enter into a State Aid to
12 Libraries Grant Agreement; and
13 WHEREAS, the City has submitted an application and has met all eligibility requirements,
14 and has been awarded a State Aid to Libraries Grant (CSFA 45.030) by the Division in the amount
15 specified on the "Fiscal Year 2024-25 State Aid to Libraries Final Grants" document. The Division
16 has the authority to administer this grant in accordance with section 257, Florida Statutes; and
17 WHEREAS, in accordance with sections 257.17 and 257.18, Florida Statutes, the City shall
18 receive a grant amount that is calculated and based upon local funds expended during the second
19 preceding fiscal year for the operation and maintenance of the library. For this grant, the local
20 expenditures shall have been made during the period October 1, 2022 - September 30, 2023; and
21 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
22 best interests of the city's citizens and residents to accept the Fiscal Year 2024-2025 State Aid to
23 Libraries Grant from the State of Florida, Department of State, Division of Library and Information
24 Services, and approve the State Aid to Libraries Grant Agreement with the State of Florida.
25
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
27 BEACH, FLORIDA, THAT:
28 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
29 being true and correct and are hereby made a specific part of this Resolution upon adoption.
30 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
31 accept the Fiscal Year 2024-2025 State Aid to Libraries Grant from the State of Florida, Department
32 of State, Division of Library and Information Services.
33 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby
34 approve a State Aid to Libraries Grant Agreement between the State of Florida, Department of
35 State, Division of Library and Information Services, and the City (the "Agreement"), in form and
36 substance similar to that attached as "Exhibit A."
37 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby
38 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any
39 ancillary documents required under the Agreement or necessary to accomplish the purposes of
40 the Agreement and this Resolution.
41 SECTION 5. The Mayor-executed Agreement shall be forwarded to Tiffany Pagan to
42 obtain execution by the Division. Tiffany Pagan shall be responsible for ensuring that one fully
43 executed Agreement is returned to the City, to be provided to the Office of the City Attorney for
44 forwarding to the City Clerk for retention as a public record.
45 SECTION 6. This Resolution shall take effect in accordance with law.
46
47
48
49 [signatures on the following page]
50
51 PASSED AND ADOPTED this 7a day of IV(a/.rnr/ 2024.
52 CITY OF BOYNTON BEACH, FLORIDA
53 YES NO
54 Mayor-Ty Penserga V
55
56 Vice Mayor-Aimee Kelley
57 f
58 Commissioner-Angela Cruz
59
60 Commissioner-Woodrow L. Hay
61 v
62 Commissioner-Thomas Turkin
63
64 VOTE c-o
65 AT 'ES •
66
67c_ki 1 t INIPP....--- Ar -"°°.-0 2 70
68 Maylee Pesus, MP', MMC : s- ga
69 City CI-rk M.y•
70
71 •PPROVED AS TO FORM:
72 (Corporate Seal) ;=oN NTO/jj`‘�
73 �4O� .ec,O�pORgT, ... i� gfrk
74 i ti: SEAL :_ l
75i�0'.°•.
INCORPORATED' Shawna G. Lamb
76 ;
25-ST-56
Boynton Beach City Library
STATE AID TO LIBRARIES GRANT
AGREEMENT BETWEEN
THE STATE OF FLORIDA, DEPARTMENT OF STATE
AND
City of Boynton Beach for and on behalf of Boynton Beach City Library
This Agreement is by and between the State of Florida,Department of State,Division of Library acrd hifoincition Services,hereinafter referred to
as the"Division,"and the City of Boynton Beachbr and on behalf of Boynton Beach City Library,hereinafter refereed to as the'Grantee."
lie Grantee has subnitted an application and has net all eligibility requirements and has been awarded a State Aid to Libraries Grant(CSFA
45.030)by the Division in tie an Bunt specified on the"Fiscal Year 2024-25 State Aid to Libraries Finial Grants"document(which is
incorporated as part of this Agreement and entitled Attachment B).'Ilse Division has the authority to administer this grant in accordance with
Section 257,Florida Statutes.By reference,the application and any approved revisions are hereby made a part of this agreement..
In consideration of the initial covenants and promises contained herein,the parties agree as blows:
1. Grant Purpose.This grant shall be used exclusively for tie"State Aid to Libraries Grant,"tie public purpose for which these finds were
appropriated.
a) 'lie Grantee shall perform the following Scope of Work:
In accordance with Sections 257.17-257.18,Florida Statutes,tie Grantee shall receive a grant amount that is calculated and
based upon tical f uds expended during the second preceding fiscal year for the operation and naiterance of the library.For this
grant,tie local expenditures shall have been made dining the period October 1,2022-September 30,2023.
In order to be eligible to receive the grant funding,the Grantee shall manage or coordinate free library service to the residents of its
legal service area for the period October 1,2022 through June 30,2025.'Ile Grantee shall:
o Have a single administrative lead employed full time by the library's govemilg body,
o Provide free lbrary service,including banning materials available for circulation free of charge and providing reference and
intimation services flee of charge;
o Provide access to materials,intimation and services for all residents of the area served;and
o Have at least one library,branch lbrary or neither library open 40 hours or nem each week(excluding holidays or
emergencies;between Sunday through Saturday,on a schedule deterrri ed by the lbrary system)during tie length of the
ageenent.
a) 'Ile Grantee agrees to provide tie following Deliverables related to the Scope of Work kir payments to be awarded.
Payment 1,DeliverableiTask:
Payment will be a fixed price in tie anent of 100%of the Bart award for tie period October 1,2022 though June 30,2025.
'Ile Grantee wn�
Page:1
State Aid to Libraries Gant Agreement(Form DLJS/SA02)
Chapter 1B-2.011(2Xa),Florida Administrative Code,Effective 05-2023
o Hare expended fluids to provide five library service during the period October 1,2022-September 30,2023;
o Provide an E.xpenndtue Report and certification of Local Operating Fxpecditures for the period October 1,2022-
Septernber 30,2023 only;
o Provide docunertation showing that at least orae library,branch hbrary or member hbrary is open 40 hours or more each
week(excluding holidays or erriergencies;between Sunday through Saturday,on a schedule detem red by the hbrary
system)during the length of the agreement;
o Provide the Certification of Credentials for the Single Administrative Head and
o Provide a Certification of Hours,Free Lbrary Service and Access to Materials.
a) Grant finds shall be used for the operation and neintenannce of the hbrary.The allowable budget categories are:Personnel
Services(salaries,wages,and related ennployee benefits provided for all persons ennpbyed by the reporting entity whether on fill-
tine,ne,part-time,temporary,or seasonal basis);Operating Expenses(expenditures for goods and services which primrily bereft
the current period and are not defined as personal services or capital outlays);Non-Fixed Capital Onlay(outlays for the
acquisition of or addition to fixed assets);and Other(other operating expenditure categories in the lbrary budget).
2. Length of Agreement.This Agreement covers the period of October 1,2022 to June 30,2025,unless terminated in accordance with
the provisions of Section 30 of this Agreement.This period begins with the start ofthe Grantee's second preceding fiscal year(October 1,
2022)and concludes with the end of the State of Florida's current fiscal year(June 30,2025).
3. Expenditure of Grant Funds.Grant finds will be used to reiriLuse a portion oflocal fluids expended by the Grantee during tier
second preceding fiscal year(October 1,2022—September 30,2023)for the operation and maitenance of a library and shall not
exceed the amount specified in Attachment B.
4. Contract Arhtinistration.lie parties are legally bound by the requirements of this ageen ent.Each party's contract manager,rained
below,will be responsible for monitoring its performance under this Ageemennt and will be the official contact for each party.Any
notice(s)or other comnurications regarding this agreement shill be directed to or delivered to the other party's contract narnager by
utilizing the infon ation below.Any change in the contact information below should be submitted in writing to the contract rrrarnager within
10 days of the change.
For the Division of library and Ilrrfonrwtion Services:
Tom Pena,Grant Programs Supervisor
Florida Department of State
RA.Gray Building
Mail Station#9D
500 South Bromugh Street
Tallahassee,FL 32399-0250
Phone:850.245.6620
Errant Thorres.Pena@a dos.figov
For the Grantee:
Tiffany Pagan
Boynton Beach City Library
100 East Ocean Avenue Boynton Beach Florida 33435
Page:2
State Aid to Libraries Clant Agreement(FormDilS/SA02)
Chapter IB-2.0I 1(2Xa),Florida Administrative Code,Effective 05-2023
Phone:561.742.6384
Fimi pagant@bbits
5. Grant Payments.lir total grant award shall not exceed the annuli specified on the"Fiscal Year 2023-24 State All to Libraries Final
Grants"document(Attachieot B),which shall be pail by the Division in consideration for the Grantee's ninitrumperkrinance as set
forth by the terms and conditions of this Agit:elicit.Payment will be a fixed price in the mount of 100%of the grant award as specified
in Attachnent B.Payment will be made in accordance with the conpletion of the Deliverables.
6. Electrode Payments.lir Grantee can choose to use electronic knds transkr(EH)to receive grad payments.All grantees wishing to
receive their award through EFT mat submit a Vendor Direct Deposit Authorization Form(kiln number DFS-AI-26E,rev 3/2022),
incorporated by reference,to the Florida Department of Financial Services.If EFT las already been set up for your orgurization,you do
not teed to submit another authothation form unless you have changed bank accounts.To download this form visit
myfloridacfo.com/doos-sfaccounting-and-auditing-hbraries/vendors/venior-relations/dt-a I-26e-direct-deposit-vendors.pdf?
sfvrsieft728cf 16.lir 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 dr State of
Florida that may be subject to 1099 reporting.lir Department of Financial Services(DFS)must haw the correct Taxpayer Identification
Number(TIN)and other related infortration in order to report accurate tax ink:oration to the hiemal Reveille Service(IRS).To register
or access a Florida Substitute Form W-9 visit fivendor.myfloridaofo.com A copy of the Grantee's Florida Substitute Form W-9
mist be subnitted by the Grantee to the Division before or with the executed Agreement
8. Financial Consequences.lir Department shall apply the folbwing financial consequences for failure to perform the minium level of
services required by this Agreenent in accordance with Sections 215.971 and 287.058,Florida Statutes:
lir Department shall require the return of the award in a prorated anuunt based upon the percentage of time that the hbrary filled to
perfonn the trinin-um level of services.The prorated reduction will be in the sane percentage as tie percentage of tine that the library was
riot providing minitun level of services.
9. Credit line(s)to Acluioviledge Grant Funding.The Division requires public acicnowedgenent of State All to Libraries Grad funding
for activities and publications supported by grant funds.Any announcements,infomation,press releases,publications,brochures,videos,
webpages,programs,etc.,created as part ofa State All to Libraries Grad project trust incbde an acknowledgment that State All to
Libraries Grad flails were used to create them
Use the following text:
"This project has been Sanded under the provisions of the State All to Libraries Grant program administered by the Florida Department
of State's Division of Library and Information Services."
10. Grant Expenditures.lir Grantee agrees to expend all grant funds received under this agreement solely for tie purposes for which they
were authorized and appropriated.Expenditures shall be in compliance with the state guidelines for allowable project costs as outlird in
the Department of Financial Services'Reference Guide for State Expenditures(as of October 2022),incorporated by reference,which
are available online at mylloridacfo.comiclocs-sfaccountiv-and-audithbraries/state-agencies/reference-guide-for-state-
evenditures.pdf?sfirsnffb4cc3337_2.
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State Aid to Libraries Grant Agreement(FonnDLIS/SA02)
Chapter 1B-2.011(2)(a),Florida Administrative Code,Effective 05-2023
Grant finds nay not be used for the purchase or construction of a library building or lbrary quarters.
11. Travel Expenses.The Grantee mast pay any trawl expenses,from grant or local Hatching 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 ofunobliggted fads which has been advanced or paid to the Grantee.In addition,finds paid it
excess of the amount to which the recipient is entitled under the terns and conditions of the agreement mat be refolded to the state
agency.Further,the recipient tray expend fads only for allowable costs resulting from obligations incurred during the specified agreement
period Expenditures of state financial assistance mist be in compliance with the laws,Hiles anti regulations applicable to expenditures of
State finds as ou til ed in the Depart vert of Financial Service's Reference Guide for State Expenditures(as of October 2022)
myfloridacfo.coni/docs-sflaccoutmgand-auditinghbraries/state-agencieshreference-guide-for-state-expend tures.pdf?
sfvrsrrb4cc3337 2,incorporated by reference.
13. Repayment.All refolds or repayments to be made to the Department under this agreement are to be nude payable to the order of
"Department of State"and mauled directly to the following address:Florida Department of State,Attention:Thomas Pena,Division of
Library and Information Services,500 South 13rorough 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,Recipient shall pay to the Department
a service fee of$15.00 or five percent(5%)of the face anmunt of the retnnned check or draft,whichever is greater.
14. Single Audit Act.Each Grantee,other than a Grantee that is a State agency,shall submit to an audit pursuant to Section 215.97,Florida
Statutes.See Attachment A far additional information regarding this requirement.If a Grantee is not required by law to conduct an audit
in accordance with the Florida Single Audit Act because it did not expend at bast$750,000 in state financial assistance,it mat submit a
Financial Report on its operations pursuant to Section 218.39,Florida Statutes within Tile months of the close of its fiscal year.Audits
mat be submitted on the DOS Gratis System at dosgraits.com
15. Retention of Accounting Records.Financial records,supporting documents,statistical records and all other records,including
electronic storage media pertinent to the Project,shall be retained for a period of five(5)fiscal years alter the closeout of the grant and
release ofthe audit.If any litigation or audit is initiated or chin made before the expiration of the five-year period,the records shall be
retained for five fiscal years after the litigation,audit or chin has been resolved.
16. Obligation to Provide State Access to Grant Records.The Grantee mat make all grant records ofexpenditures,copies of reports,
books,and rehted dociurntation available to the Division or a duly antlunimd representative ofthe State of Florida for inspection at
reasonable tires for the purpose of making audits,examinations,excerpts and transcripts.
17. Obligation to Provide Public Access to Grant Records.The Division reserves the right to unilaterally cancel this Agreettett in the
event that the Grantee refuses public access to all documents or other materials crude or received by the Grantee that are subject to the
provisions of Chapter 119,Florida Statutes,known as the Florida Public Records Act.The Grantee mist i n ediately contact tie
Division's Contract Manager far assistance if it receives a public records request rehted to this Agreement.
18. Noncompliance.Any Grantee that is not fallowing Florida Statutes or Hiles,the terns of the grant agreement,Florida Department of
State(DOS)policies and guidance,local policies,or other applicable law or that has not submitted required reports or satisfied other
administrative requirements for other Division of Library and Information Services grants or grants from any other DOS Division will be it
noncompliance status and subject to the DOS Gratis Compliance Procedue.DOS Divisions include the Division of Arts and Culture,the
Page:4
State Aid to Libraries Gant Agreement(FormDLIS/SA02)
chapter 1B-2.01 l(2Xa),Florida Administrative Code,Effective 05-2023
Division of Flections,the Division of Historical Resources and the Division of Library and Information Services.Grant compliance issues
mist be resolved before a grant award agreement may be executed and before grant payments for any DOS grant may be released.
19. Accounting Requirements.the Grantee must naitain an accounting system that provides a complete record of the use of all grant
fords as follows:
a) lie accounting system must be able to specifically identify and provide audit trails that trace the receipt,naiiterseice and
expenditure of state funds;
b) Accounting records rust adequately identify the sources and application of funds for all grant activities and must classify and
identify grant bids 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 it the grant application,subsidiary records Aust document and
reconcile the amounts shown in the Grantee's accounting records to those armunts 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 descnbed in the Scope of Work and detailed in the Estimated Project Budget;
d) The time of the accounts)rust]elude the grant award number;
e) The Grantee's accounting records mat have effective control over and accountability for all fluids,property and other assets;and
f) Accounting records Trust be supported by source documentation and be in sufficient detail to allow for a proper pre-audit and
post-.wit(such as invoices,bills and canceled checks).
20. Availability of State Funds.The State of Florida's performance and ob..y tion to pay under this Agreement are contingent upon an
arnual appropriation by the Florida Legislature.In the event that the state 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 Grantee beyond those amounts already
expended prior to the termination date.Such termination will not affect the responsibility of the Grantee under this Agreement as to those
funds previously distributed. In the event of a state revenue shortfall,the total grant nay be reduced accordingly.
21. Lobbying.Tie Grantee will not use any grant finds far lobbying the state legislature,tie state judicial branch or aniy state agency.
22. Independent Contractor Status of Grantee.The Grantee,if not a state agency,agrees that its officers,agents and employees,in
perfomunice 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 enpbynent by the State of Florida.
23. Grantee's Subcortractors.The Grantee shall be responsible for all work performed and all expenses ieurred in connection with this
Agreement.The Grantee may subcontract,as necessary,to perform the services and to provide commodities required by this Agreenent.
The Division shall not be liable to any subcontractors)for any expenses or liabilities incurred under the Grantee's subcontract(s),and the
Grantee shall be solely liable to its subcontractor(s)for all expenses and liabilities incurred under its subcontract(s).The Grantee n st take
the recessary 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
24. Liability.The Division will not assume any liability for the acts,onissions to act or negligence of the Grantee,is agents,servants or
employees;nor may the Grantee exclude liability for its own acts,onissions to act or negligence to the Division.
Page:5
State Aid to Libraries(rant Agreement(FormDLIS/SA02)
Chapter 1B-2.011(2Xa),Florida Administrative Code,Effective 05-2023
a) The Grantee shall be responsible for claim of any natwe,including but not limited to injury,death and property damage arising out
of activities related to this Agreement by the Grantee,its agents,servants,employees and subcontractors.The Grantee shall
indemify and hold the Division harmless from any and all claims of any nature and shall investigate all such claim 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 Agreement.
c) The Division shall not be liable for attorney fees,interest,late charges or service fees,or cost of collection related to this
Agreement.
d) The Grantee shall be responsible for all work performed and all expenses incurred in connection with the project.The Grantee
may subcontract as rrecessary to perform the services set forth in this Agreem ert,including entering into subcontracts with vendors
for services and commudities,provided that such subcontract has been approved in writing by the Department prior to its
execution and provided that it is understood by the Grantee that the Department shall not be liable to the subcontractor for any
expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all
expenses and liabilities incurred under the subcontract
25. Strict Compliance with Laws.The Grantee shall perform all acts required by this Agreement in strict confomity with all applicable laws
and regulations of the local,state aril federal law.For consequences of noncompliance,see Section 18,Noncompliance.
26. No Discrinination.The Grantee may not discri i nate 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
siniar provision in all of its subcontracts for services under this Agreement.
27. Breach of Agreement.The Division will demand the return of grant funds already received,will withhold subsequent payer is and/or
will ternirate this agreement if the Grantee improperly expends and manages grant funds;fails to prepare,preserve or surrender records
required by this Agreement;or otherwise violates this Agreement.
28. Termination of Agreement.The Division will terminate or end this Agreement if the Grantee fats to fulfill its obligations hereat.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 mailed to his/her specified address by a
method that provides proof of receipt In the event that the Division temiretes this Agreement,the Grantee shall be compensated for any
work completed in accordance with this Agreement prior to the notification of termination if the Division deems this reasonable under the
circumstances.Grant fitrrds 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 fiords are returned under this Section.
29. 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 irpaif any such might,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 may not assign,sublicense or otherwise transfer its rights,duties or ob 114 tions under this
Page:6
State Aid to Libraries Gant Agreement(Form DLIS/SA02)
Chapter IB-2.01 l(2Xa),Florida Administrative Code,Effective 05-2023
Agreement without the prior written consent of the Division,which shall not in-reasonably be wihhekl.The agreement transferee trust
demonstrate compliance with the requirements of the project If the Division approves a transfer of the Grantee's ob ,14trim,the Grantee
shall remain liable for all work perlbmred and all expenses inured in connection with this Agreement.In the event the Legislature
transfers the rights,duties and obligations of the Division to anther governmental entity,pursuant to Section 20.06,Florida Statutes or
otherwise,the nights,duties and obligations under this Agreement shall be tnansfenred to the succeeding govenrnlertal agency as if it was
the original party to this Agreement.
31. Required Procurement Procedures for Obtaining Goods and Services.The Grantee 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 Grantee must rause 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 nay be conducted at the Grantee's discretion.
2. Purchases or Contract Anmti is Between$2,500 and$35,000:Goods and services costing between$2,500 and$35,000
nequie informal coopetition and nay be procured by purchase order,acceptance of vendor proposals or other
appropriate procurement document.
b) Procurement of Goods and Services Exceeding$35,000.Goods and services costing over$35,000 may be procured by either
Formal Invitation to Bid,Request for Proposals or Invitation to Negotiate and nay be procured by purchase order,acceptance of
vendor proposals or other appropriate procurement document.
32. Conflicts of Interest lie 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 affims that it will not enter into or rrai tarn a business or other relationship with any
employee of the Department of State that would violate those provisions.The Grantee hither 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 of the Grantee and of any legal entity
that succeeds to the obligations ofthe Division of library and Infomation Services.
34. Ens loyment of Unauthorized Aliens.lie employment of unauthori2ed aliens by the Grantee is considered a violation of Section 274A
(a)of the Immigration and Nationality Act(8 USC 1324(a)(as of Apn12019)),incorporated by reference. If the Grantee knowingly
employs unauthorized aliens,such violation shall be cause for unilateral cancellation of this Ageeurrt
35. Severability.If any term or provision of the Agreement is found to be illegal and unenforceable,the remainder will renew it hill force and
effect,and such term or provision shall be deemed stricken.
36. Americans with Disabilities Act All programs and facilities related to this Agreement mist meet the standards of Sections 553.501-
553.513,Florida Statutes and the Arrericans with Disabilities Act of 1990(ada.gov(as of January 2020)),incorporated by rekrence).
37. 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.
Page:7
State Aid to Libraries Gant Agreement(FormDIIS/SA02)
Chapter IB-2.011(2Xa),Florida Administrative Code,Effective 05-2023
38. Entire Agreement.The entire Agement ofthe parties consists of the following documents:
a) This Agreement
b) Florida Single Audit Act Requirements(Attachment A)
c) Fiscal Year 2023-24 State Aid to Libraries Final Gants(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: % _ i' 21 //
Chair of :0 " Body or Chief Executive O'1 er
NTON`‘
•,.....�� �`� Amy L. Johnson, Director
�.•'e �P��tes.q.Iti Division of Library and Information Services
' SEAL •_�� Department of State, State of Florida
Ty Penserga, Mayor; �' t
INCORPORATED; ;
'ti 1920
Typed name and title . ,
It �•......••. i
PORIO"
Date k/)venl her ?oat/ Date
Maylee DeJesus, City Clerk
Clerk o fFinancial 0 - Witness
('_.
Date 19G' . /1'11° Date
CITY ATTORNEY'S OFFICE
Aprov as�t�rm�egal}ty
By: �1M
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State Aid to Libraries Gant Agreement(FormD1IS/SA02)
Chapter 1B-2.011(2Xa),Florida Administrative Code,Effective 05-2023
ATTACHMENT A
FLORIDA SINGLE AUDIT ACT REQUIREMENTS
AUDIT REQUIREMENTS
The adninistration of resources awarded by the Department of State to the Grantee hey 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,en encs,and section 215.97,Florida
Statutes(F.S.),as revised(see Audits below), nnnitorrig procedures may include,but of be invited to,on-site visits by Department of State
staff inn ted scope audits as defined by 2 CFR 2§200.425,or other procedures.By entering into this agreement,the recipient agrees to comply
and cooperate with any rmnitomig procedures/processes deemed appropriate by the Department of State.In the event the Department of State
determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by the
Department of State staff to the recipient regarding such audit.The recipient further agrees to comply and cooperate with any inspections,reviews,
investigations or audits deemed necessary by the Chief Financial Officer(CFO)or Auditor General
Audits
Part I: Federally Funded
This part is applicable if the recipient is a state or local government or a notyptofit organization as defined in 2 CFR§200.90,§200.64,and
§200.70.
1. A recipient that expends$750,000 or more in federal awards in its fiscal year mist have a single or program-specific audit conducted in
accordance with the provisions of 2 CFR 200,Subpart F-Audit Requirements.Exhibit 1 to this agreement lists the federal resources
awarded through the Department of State by this agreement. In determining the federal awards expended in its fiscal year,the recipient shall
consider all sources of federal awards,including federal resources received from the Departnnent of State.The determination of amounts of
federal awards expended should be in accordance with the guidelines established by 2 CFR 200.502-503.An audit of the recipient
conducted by the Auditor General in accordance with the provisions of 2 CFR 200.514,will meet the requirement of this Part.
2. For the audit requirements addressed in Part I,paragraph 1,the recipient shall fulfill the requirenents ants relative to auditee responsibilities as
provided in 2 CFR 200.508-512.
3. A recipient that expends less than$750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance
with the provisions of2 CFR 200,subpart F-Audit Requirements.If the recipient expends less than$750,000 in federal awards in its
fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200,subpart F-Audit Requirements,the
cost of the audit mist be paid from non-federal resources(ie.,the cost of such an audit mist be paid from recipient resources obtained
from other than federal entities).
Part II: State Funded
Page:9
State Aid to Libraries Gant Agreement(FormDLIS/SA02)
Chapter 1&2.01 l(2)(a),Florida Administrative Code,Effective 05-2023
This part is applicable if the recipient is a misstate 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 an 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 side or project-specific audit for such fiscal
year in accordance with Section 215.97,F.S.;Rule Chapter 69I-5 F.A.C.,State Financial Assistance;and Chapters 10.550(local
govemrertal entities)and 10.650(nonprofit and fir-profit organizations),Rules of the Auditor General EXHIBIT 1 to this agreement
indicates state financial assistance awarded through the Departnert 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 tie Department of State,other state agencies,and other nonstate entities.State financial assistance does not itchde federal direct or
pass-through awards and resources received by a nonstate entity for federal program matching require/rents.
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 inchdes submission ofa financial reporting package as defined by Section 215.97(2)F.S.,and Chapters
10.550(kcal governmental entities)and 10.650(nonprofit and for-profit orgtni tions),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 end*June 30,2017 and
thereafter),an audit conducted in accordance with tie provisions of Section 215.97,F.S.,is not required.In the event that the recipient
expends less than$750,000 in state financial assistance in is 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 pail from the nonstate entity's resources(ie.,the cost of such an audit
mist be paid from the recipient's resources obtained from other than State entities).
The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the iterpretation
ofcornpliance issues.
State of Florida Department Financial cial Services(Chief Financial Officer)
littp://www.myfloridacfo.comi
State of Florida Legislature(Statutes,Legislation relating to the Fbri la Single Audi Act)
http//www.leg state.fi.us/
Part III: Report Submission
1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200,Subpart F-Audi Requirements,ements,and required by
PART I of this ageenent shall be submitted,when required by 2 CFR 200.512,by or on behalf of the recipient directly to each of the
following
A. The Department of State via the DOS Grants System at https///dosg-ants.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 foms for submitting the single audit reporting package.Updates to the
location of the FAC and data entry system may be found at the OMB website.
2. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to
each of the following
A. The Department of State via the DOS Grants System at https///dosgrants.com
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State Aid to Libraries(cant Agreement(FarmDIIS/SA02)
Chapter 1B-2.011(2Xa),Florida Administrative Code,Effective 05-2023
B. The Auditor General's Office at the following address:
Auditor General
Local Goverment Audits/342
Claude Pepper Building,Room 401
111 West Madison Street
Tallahassee,Florida 32399-1450
3. Any reports,management letter,or other information required to be submitted to the Department of State pursuant to this agreement shall
be submitted timely in accordance with 2 CFR 200.512,section 215.97 F.S. and Chapters 10.550(local governmental entities)and
10.650(nonprofit anrd for-profit organizations),Rules of the Auditor General,as applicable.
4. Recipients,when submitting financial reporting packages to the Departrnent of State for audits done in accordance with 2 CFR 200,
Subpart F-Audit Requirements or Chapters 10.550(local govenmertal entities)and 10.650(nonprofit and kw-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 demmnstrating its compliance with the terns of the award(s)and this agreement for a period of
five years from the date the audit report is issued,and shall allow the Department of State,or its designee,tie CFO,or Auditor General
access to such records upon request The recipient shall ensure that audit working papers are made available to the Department of State,or
its designee,the CFO,or Auditor General upon request for a period of at least three years from the date the audit report is issued,unless
extended in writing by the Department of State.
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State Aid to Libraries Gant Agreement(FormDLIS/SA02)
Chapter 1B-2.011(2)(a),Florida Administrative Code,Effective 05-2023
EXHIBIT- 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT
PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Not applicable.
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Not applicable.
STATE RESOURCES AWARDED TO THE RECIPIENT
PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
Not applicable.
SUBJECT TO SECTION 215.97,FLORIDA STATUTES:
Florida Department of State, State Aid to Libraries;
CSFA Number. 45.030
Award Amount: See Attachment B.
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
The compliance requirements of this state project may be found in Part Four(State Project Compliance
Requirements)of the State Projects Compliance Supplement located at httpsi/apps.fldfs.com/fsaa/.
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State Aid to Libraries&ant Agrccmcnt(ForrnDUS/SA02)
Chapter 1B-2.011(2)(a),Florida Administrative Code,Effective 05-2023
ATTACHMENT B
Fiscal Year 2023-24 State Aid to Libraries Final Grants
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State Aid to Libraries dant Agreement(FormDIIS/SA02)
Chapter IB-2.01I(2Xa),Florida Administrative Code,Effective 05-2023