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Backup Documents 09/27/2022 Item #16D 9 16Q9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Joshua Thomas, Grants Coordinator Community & Human 9/14/22 Services 2. Derek D. Perry County Attorney Office DOP I �o 6/e/T Z 3. BCC Office Board of County Commissioners l y /5( O ZT f 4. Minutes and Records Clerk of Court's Office I I' I�n r'll1 la2- I O a1 PRIMARY CONTACT INFORMATION V Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Joshua Thomas/CHS Operations Grants Phone Number 239-252-8995 Contact/ Department Coordinator Agenda Date Item was September 27,2022 Agenda Item Number 16 D Ci Approved by the BCC Type of Document State Aid to Libraries Grant Agreement Number of Original 1 Attached Documents Attached PO number or account See Routing Instructions Attached number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? JT 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JT signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JT document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JT signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JT should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 9/27/22 and all changes made during the JT N/A is not an meeting have been incorporated in the attached document. The County Attorney's ••tion for Office has reviewed the changes,if applicable. :L line. 9. Initials of attorney verifying that the attached document is the version approved by the n is not an BCC,all changes directed by the BCC have been made,and the document is ready for the 1 �1! +ition for Chairman's signature. Vyy } I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 160 9 Cotter Comity ity Public Services Department Community & Human Services Division MEMO September 27, 2022 TO: BCC—Minutes & Records FROM: Joshua Thomas, Grants Coordinator RE: BCC Agenda Item 16D State Aid to Libraries Grant Agreement Please have the Chairman sign with original signature in blue ink, one copy of the attached State Aid to Libraries Grant Agreement. Once the agreement has been signed, please e-mail a scanned copy to Maria Kantaras at Maria.Kantaras@colliercountyfl.gov If you have any questions, please call Maria at: X-6141 Thank You! o Lr r Ulv Community&Human Services Division•3339 Tamiami Trail East,Suite 211•Naples,Florida 34112-5361 239-252-CARE(2273)•239-252-CAFE(2233)•239-252-4230(RSVP)•www.colliergov.net/humanservices 1 6 B 9 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Saturday, October 8, 2022 9:28 AM To: 'KantarasMaria';ThomasJoshua Cc: Martha S. Vergara Subject: Item #16D9 9-27-22-BCC Meeting Attachments: Colier County State Aid to Libraries Grant Agreement.pdf Good Morning Maria, Please see the attached for further processing. Once signatures have been obtained by the State, please send a fully executed copy to Martha.Vergara@collierclerk.cowt Thank you! Ann Jennejohn 13MR Senior Deputy Clerk II iii) �, NClerk to the value Adjustwtent l3oard Office: 23q-2.52.-8406 x "- Fax: 23q-252-8408 (if applicable) Ann.Jennejohn@CollierClerk.cowt Office of the Clerk of the Circuit Court `"" N\ & Comptroller of Collier County 32gq Tavviawti Trail, Suite *401 Naples, FL 34112-5324 www.CollierClerk.cowt i 16 Et 9 23-ST-08 Collier County Public Library STATE AID TO LIBRARIES GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF STATE AND Collier County Board of County Commissioners for and on behalf of Collier County Public Library This Agreement is by and between the State of Florida,Deparhrent of State,Division of Library and Information Services,hereinafter referred to as the'Division,"and the Collier County Board of County Conmissionersfor and on behalf of Collier County Public Library,hereinafter referred to as the"Grantee." The Grantee has submitted 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 the amount specified on the"Fiscal Year 2022-23 State Aid to Libraries Final Grants"document(which is incorporated as part of this Agreement and entitled Attachment B).The Division has the authority to administer this grant in accordance with Section 257,Florida Statutes.By reference,the application and any approved revisions are hereby made a part of this 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"State Aid to Libraries Grant,"the public purpose for which these finds were appropriated. a) The Grantee shall perform the following Scope of Work: In accordance with Sections 257.17-257.18,Florida Statutes,the Grantee shall receive a grant amount that is calculated and based upon local funds expended during the second preceding fiscal year for the operation and maintenance of the library.For this grant,the local expenditures shall have been made during the period October 1,2020-September 30,2021. In order to be eligible to receive the grant trading,the Grantee shall manage or coordinate free library 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 administrative head employed till tiflr by the library's governing body, o Provide free library service,including loaning materials available for circulation free of charge and providing reference and information services free of charge; o Provide access to materials,information and services for all residents of the area served;and o Have at least one library,branch library or nriter library open 40 hours or rare each week(excluding holidays or emergencies;between Sunday through Saturday,on a schedule determined by the library system)during the length of the agreement. b) The Grantee agrees to provide the following Deliverables related to the Scope of Work for payments to be awarded. Paynent 1,DeliverablefTask Page:1 State Aid to Libraries Grant Agreement(Form DLUS./SA02) chapter 1B-2.011(2)(a),Florida Administrative Code,Effective 02-2022 CAO t609 Payment will be a fixed price in the amount of 100%of the grant award for the period October 1,2020 through June 30,2023. The Grantee will: o Have expended funds to provide free library service during the period October 1,2020-September 30,2021; o Provide an Expenditure Report and certification of Local Operating Expenditures for the period October 1,2020- September 30,2021 only, o Provide documentation showing that at least one library,branch library or member library is open 40 hours or more each week(excluding holidays or emergencies;between Sunday through Saturday,on a schedule determined by the library system)during the length of the agreement; o Provide the Certification of Credentials for the Single Administrative Head;and o Provide a Certification of Hours,Free Library Service and Access to Materials. c) Grant fiords shall be used for the operation and maintenance of the library.The allowable budget categories are:Personnel Services(salaries,wages,and related employee benefits provided for all persons employed by the reporting entity whether on ton- tine,part-titre,temporary,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 Agreement 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 begins with the start of the Grantee's second preceding fiscal year(October 1, 2020)and concludes with the end of the State of Florida's current fiscal year(June 30,2023). 3. Expenditure of Grant Funds.Grant finds will be used to reimburse a portion of local fords expended by the Grantee during their second preceding fiscal year(October 1,2020—September 30,2021)for the operation and maintenance of a library and shall not exceed the armunt specified in Attaclniiiil B. 4. Contract Administration.The parties are legally bound by the requirements of this agreement.Each party's contract manager,reamed below,will be responsible for monitoring its performance under this Agreenrnt and will be the official contact for each party.Any notice(s)or other conmiulications 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 the contract manager within 10 days of the change. For the Division of Library and information Services: Marian Deeney,Library Program Administrator Florida Department of State RA.Gray Building Mail Station#9D 500 South Bronough Street Tallahassee,FL 32399-0250 Phone:850.245.6620 Enuill marian.deeney@dos.myflorida.com For the Grantee: Page:2 State Aid to libraries Grant Agreement(Form DLIS/SA02) Chapter 113-2.011(2)(a),Florida Administrative Code,Effective 02-2022 I6E9 Maria Kantaras Collier County Public Library 2385 Orange Blossom Drive Naples Florida 34109-8840 Phone:239.252.6141 Email: im ia.kantaras@colliercountydgov 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(Attachnrnt B),which shall be paid by the Division in consideration for the Grantee's minimal performance as set forth by the tenrb and conditions of this Agreement Paynent will bea fixed price in the amount of 100%of the grant award as specified in Attachment B.Paynent will be made in accordance with the completion of the Deliverables. 6. Electronic Payments.The Grantee can choose to use electronic funds transfer(EFT)to receive grant payments.All grantees wishing to receive their award through EFT mist submit a Vendor Direct Deposit Authorization form(form number DFS-AI-26E,rev 6/2014), incorporated by reference,to the Florida Departnnnt 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.com1Division/AA/Fomns/DFS-A1-26Epdf The form also includes tools and infornration 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)nest 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.myforidacfo.com A copy of the Grantee's Florida Substitute Fonn W 9 must be submitted by the Grantee to the Division before or with the executed Agreement. 8. Financial Consequences.The Department shall apply the following financial consequences for failure to perform the minimum level of services required by this Agreement in accordance with Sections 215.971 and 287.058,Florida Statutes: The Department shall require the return of the award in a prorated amount based upon the percentage of tine that the library failed to perform the mmunmm level of services.The prorated reduction will be in the sane percentage as the percentage of time that the library was not providing minimum 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,programs,etc.,created as part of a State Aid to Libraries Grant project mast include an acknowledgment that State Aid to Libraries Grant funds were used to create them Use the following text: "Ibis project has been funded under the provisions of the State Aid to Libraries Grant program,administered by the Florida Department of State's Division of Library and Information Services." 10. Grant Expenditures.The Grantee agrees to expend all grant funds received under this agreement solely for the purposes for which they were authorized and appropriated.Expenditures shall be in compliance with the state guidelines for allowable project costs as outlined in the Department of Financial Services'Reference Guide for State Expenditures(as of August 2021),incorporated by reference,which are Page:3 State Aid to Iibraries Grant Agreement(Form DLIS/SA02) Chapter 1F3-2.01 l(2)(a),Florida Administrative Code,Effective 02-2022 16Q9 available online at http//edocs.dlis.state.8.us/frdocs/dfs/2019ReferenceGuideForStateEalpenditures.pd.£ Grant funds may not be used for the purchase or construction of a library building or library quarters. 11. Travel Expenses.The Grantee mist pay any travel expenses,from grant or local matching funds,in accordance to the provisions of Section 112.061,Florida Statutes. 12. Unobligated and Unearned Funds and Allowable Costs.In accordance with Section 215.971,Florida Statutes,the Grantee shall refined to the State of Florida any balance ofunobligated funds which has been advanced or paid to the Grantee.In addition,funds paid in excess of the amount to which the recipient is entitled under the term and conditions of the agreement mast be refunded to the state agency.Further,the recipient may expend funds 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,rules and regulations applicable to expenditures of State finds as outlined in the Department of Financial Service's Reference Guide for State Expenditures(as of August 2021) (http://edocs.dlis.state.fi.us/fldocs/d£s/2019ReferenceGuideForStateExpendit res.pdt),incorporated by reference. 13. Repayment.All refunds or repayments to be made to the Department under this agreement are to be nude 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,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 amount ofthe returned check or drag,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 Attachnent A for additional information regarding this requirement.If a Grantee is not required by law to conduct an audit in accordance with the Florida Single Audit Act because it did not expend at least$750,000 in state financial assistance,it mist submit a Financial Report on its operations pursuant to Section 218.39,Florida Statutes within nine months of the close of its fiscal year.Audits mist 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,including electronic storage media pertinent to the Project,shall be retained for a period of five(5)fiscal years after the closeout of the grant and release of the audit If any litigation or audit is initiated or claim made before the expiration of the five-year period,the records shall be retained for five fiscal years after the litigation,audit or claim has been resolved. 16. Obligation to Provide State Access to Grant Records.The Grantee must make all grant records of expenditures,copies ofreports, books,and related documentation available to the Division or a duly authorimd representative of the State of Florida for inspection at reasonable times for the purpose ofmaking audits,examinations,excerpts and transcripts. 17. Obligation to Provide Public Access to Grant Records.The Division reserves the right to unilaterally cancel this Agreement in the event that the Grantee refuses public access to all documents or other materials made or received by the Grantee that are subject to the provisions of Chapter 119,Florida Statutes,known as the Florida Public Records Act.The Grantee mist immediately contact the Division's Contract Manager for assistance if it receives a public records request related to this Agreenent. 18. Noncompliance.Any Grantee that is not falllowing Florida Statutes or rules,the terms of the grant agreement,Florida Department of State(DOS)policies and guidance,local policies,or other applicable law or that has not submitted required reports or satisfied other administrative requirements for other Division of Library and Information Services grants or grants from any other DOS Division will be in Page:4 State Aid to libraries Gant Agreement(FormDIIS/SA02) Chapter 1132.01 I(2)(a),Florida Administrative Code,Effective 02-2022 b139 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 must be resolved before a grant award agreement may be executed and before grant payments for any DOS grant may be released. 19. Accounting Requirements.The Grantee mist maintain an accounting system that provides a complete record of the use of all grant fiords 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 funds; b) Accounting records mist adequately identify the sources and application of fiords for all grant activities and mist classify and identify grant finds by using the same budget categories that were approved in the grant application.If Grantee's accounting system accumulates data in a different format than the one in the grant application,subsidiary records mist document and reconcile the annunts shown in the Grantee's accounting records to those ammunts 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)mast include the grant award number, e) The Grantee's accounting records mast have effective control over and accountability for all funds,property and other assets;and f) Accounting records mist be supported by source documentation and be in sufficient detail to allow for a proper pre-audit and post-audit(such as invoices,bills and canceled checks). 20. Availability of State Funds.The State of Florida's performance and obligation to pay under this 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 Agreerment 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.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,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 Grantee 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. 23. Grantee's Subcontractors.The Grantee shall be responsible for all work performed and all expenses incurred in connection with this Agreement.The Grantee may subcontract,as necessary,to perform the services and to provide comimdities required by this Agreement. The Division shall not be liable to any subcontractor(s)for any expenses or liabilities incurred under the Grantee's subcontract(s),and the Grantee shall be solely liable to its subcontiactor(s)for all expenses and liabilities incurred under its subcontract(s).The Grantee mast take the necessary steps to ensure that each of its subconliactors 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,omissions to act or negligence of the Grantee,its agents,servants or Page:5 State Aid to Iibraries Grant Agreement(Form DIdS/SA02) Chapter 113-2.011(2)(a),Florida Administrative Code,Effective 02-2022 n 0 16E9 employees;nor may the Grantee exclude liability for its own acts,omissions to act or negligence to the Division. a) The Grantee shall be responsible for claims of any nature,including but not limited to inury,death and property damage arising out of activities related to this Agreement by the Grantee,its agents,servants,employees and subcontractors.The Grantee shall indermify 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 necessary to perform the services set forth in this Agreement,inchxling entering into subcontracts with vendors for services and conrmdities,provided that such subcontract has been approved in writing by the Departrruent prior to its execution and provided that it is understood by the Grantee that the Departtnent shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 25. Strict Compliance with Laws.The Grantee shall perform all acts required by this Agreement in strict conformity with all applicable laws and regulations of the local,state and federal law.For consequences of noncompliance,see Section 18,Noncompliance. 26. No Discrimination.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 subcontx acts for services under this Agreement. 27. Breach of Agreement.The Division will demand the return of grant finds 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. Tenaination of Agreement.The Division will terminate or end this Agreement if the Grantee fails to full 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 terminate this Agreement.The notice of violation letter shall be delivered to the Grantee's Conic act Manager,personally,or mailed to his/her specified address by a method that provides proof of receipt.In the event that the Division temmlates this Agreement,the Grantee shall be compensated for any work completed in accordance with this Agreement prior to the notification of termination if the Division deems this reasonable under the circumstances.Grant funds previously advanced and not expended on work completed in accordance with this Agreement shall be returned to the Division,with interest,within thirty(30)days after termination of this Agreement.The Division does not waive any of its rights to additional damages if grant funds are returned under this Section 29. Preservation of 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. Page:6 State Aid to Iibraries Ccant Agreement(Form DIIS/SA02) Chapter 1B-2.O11(2)(a),Florida Administrative Code,Effective 02-2022 0 1609 30. Non-Assignment of Agreement.The Grantee may not assign,sublicense or otherwise transfer its rights,duties or obligations wider this Agreement without the prior written consent of the Division,which shall not unreasonably be withheld.The agreement transferee mast dennnstrate compliance with the requirements of the project.If the Division approves a transfer of the Grantee's obligations,the Grantee shall rennin 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. 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 mast 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 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 may be procured by purchase order,acceptance of vendor proposals or other appropriate procurement document. b) Procurement of Goods and Services Exceeding$35,000.Goods and services costing over$35,000 may be procured by either Formal Invitation to Bid,Request for Proposals or Invitation to Negotiate and may be procured by purchase order,acceptance of vendor proposals or other appropriate procurement document. 32. Conflicts of Interest.The Grantee hereby certifies that it is 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 Grantee 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. 33. Binding of Successors.This Agreement shall bind the successors,assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligations of the Division of Library and Information Services. 34. Employment of Unauthorized Aliens.The enploynent of unauthorized aliens by the Grantee is considered a violation of Section 274A (a)of the hrnigration and Nationality Act(8 USC 1324(a)(as of April 2019)),incorporated by reference. If the Grantee knowingly employs unauthorized aliens,such violation shall be cause for unilateral cancellation of this Agreement 35. Severability.If any term or provision of the Agreetrent is found to be illegal and unenforceable,the remainder will remain in full force and effect,and such tern or provision shall be deemed stricken. 36. Americans with Disabilities Act.All programs and facilities related to this Agreement mast meet the standards of Sections 553.501- 553.513,Florida Statutes and the Americans with Disabilities Act of 1990(ada.gov(as of January 2020)),incorporated by reference). 37. Governing Law.This Agreement shall be construed,performed and enforced in all respects in accordance with the laws and rules of Page:7 State Aid to libraries Grant Agreement(Form DLIS/SA02) Chapter 1B-2.011(2)(a),Florida Administrative Code,Effective 02-2022 h 0 ib1. 9 Florida.Venue or location for any legal action arising under this Ageerient will be in Leon County,Florida. Page:8 State Aid to Libraries Grant Agreement(Form DLIS/SA02) Chapter 1B-2.01 I(2)(a),Florida Administrative Code,Effective 02-2022 O�n 1 6 D 9 38. Entire Agreement.The antis-Agt-mitt of the patties consists of the following documents: a) This Agrees mnt b) Florida Single Audit Act Requirements(Attachment A) c) Fiscal Year 2022-23 State Aid to Libraries Final Grants(Attachment t B) The Grantee hereby certifies that they have read this entire Agreement and will comply with all of its requirements. Grantee: Department of State BOARD OF COU► Y COMMISSIONERS COLLIER CO,' • • (- ). #11°. ° By• • By: _�•— :ssisip, Wil.rm L. McDaniel,Jr., Chairman Dated: September 27,2022 Amy L. Johnson,Director Division of Library and Information Services Department of State, State of Florida Attest: CRYSTAL K..K:INZEL, CLERK tr6; etototot' 01(4 Atte i 1S t0 signaturt only. Date roved as to Form and Legality: 111 Derek D. Perry Assistant County Attorney IN \,„ Witness Date Page:9 State Aid to Libraries Crain Agreenrnt(FormDUS SA02) Chapter Ili-2.01 I(21(a),Florida Administrative Code,Effective 02-?O22 adD 1609 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 hi this Addendum to the Grant Award Ageemrent. Monitoring In addition to reviews of audits conducted in accordance with 2 CFR 200,Subpart F-Audit Requirenents,and section 215.97,Florida Statutes(F.S.),as revised(see Audits below), 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,or other procedures.By entering into this agreement,the recipient agrees to comply and cooperate with any monitoring procedures/processes deened appropriate by the Deparhmnt 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 deenrd 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 govemir ent or a nonprofit oration as defined in 2 CFR§200.90,§200.64,and §200.70. 1. A recipient that expends$750,000 or more in federal awards in its fiscal year mast have a single or program-specific audit conducted in accordance with the provisions of 2 CFR 200,Subpart F-Audit Requirerucnts.Exhibit 1 to this agreement lists the federal resources awarded through the Department of State by this agreement.In determining the federal awards expended in its fiscal year,the recipient shall consider all sources of federal awards,including federal resources received from the Department of State.The determination of amounts of federal awards expended should be in accordance with the guidelines established by 2 CFR 200.502-503.An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR 200.514,will meet the requirenLilt of this Part. 2. For the audit requirements addressed in Part I,paragraph 1,the recipient shall fialfill the requ renrnts 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 of 2 CFR 200,subpart F-Audit Requirements.If the recipient expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200,subpart F-Audit Requirements,the cost of the audit trust 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:10 State Aid to Iibraries Grant Agreement(Form DI IS/SA02) Chapter 1I3-2.011(2)(a),Florida Administrative Code,Effective 02-2022 1 6 a 9 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 armunt of state financial assistance equal to or in excess of$750,000 in any fiscal year of such recipient(for fiscal years ending June 30,2017 and thereafter),the recipient mist have a state single or project-specific audit for such fiscal year in accordance with Section 215.97,ES.;Rule Chapter 69I-5 F.A.C.,State Financial Assistance;and Chapters 10.550(local governmental entities)and 10.650(nonprofit and for-profit organizations),Rules of the Auditor General EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Department of State by this agreement.In determining the state financial assistance expended in its fiscal year,the recipient shall consider all sources of state financial assistance,including state financial assistance received from the Department 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 ofa financial reporting package as defined by Section 215.97(2)ES.,and Chapters 10.550(local govenir i ntal entities)and 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. 3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal years ending June 30,2017 and thereafter),an audit conducted in accordance with the provisions of Section 215.97,ES.,is not required.In the event that the recipient expends less than$750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97,F.S,the cost of the audit mast be paid fromthe nonstate entity's resources(ie.,the cost of such an audit mast 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 Departtrint Financial Services(Chief Financial Officer) littp://www.mylloridacfo.corni State of Florida Legislature(Statutes,Legislation relating to the Florida Single Audit Act) http://www.leg.state.fits/ Part III: Report Submission 1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200,Subpart F-Audit Requirements,and required by PART I of this agreement shall be submitted,when required by 2 CFR 200.512,by or on behalf of the recipient directly to each of the following. A. The Departnent of State via the DOS Grants System at httpsi//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 forms for submitting the single audit reporting package.Updates to the location of the FAC and data entry system may be found at the OMB website. 2. Copies of financial reporting packages required by PART 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 atht sJ//dosgrants.com Page:11 State Aid to libraries Grant Agreement(FormDLIS/SA02) Chapter 11.3-2.011(2)(a),Florida Administrative Code,Effective 02-2022 OVD I6Q9 B. The Auditor General's Office at the following address: Auditor General Local Govemtr ent Audits/342 Claude Pepper Building Room 401 111 West Madison Street Tallahassee,Florida 32399-1450 3. Any reports,management letter,or other infouiration required to be submitted to the Department of State pursuant to this agreement shall be submitted tinily in accordance with 2 CFR 200.512,section 215.97 F.S and Chapters 10.550(local govetinuental 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 Requirements or Chapters 10.550(local governiental entities)and 10.650(nonprofit and for-profit organizations), Rules of the Auditor General,should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. Part IV: Record Retention 1. 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 Department of State,or its designee,the CFO,or Auditor General access to such records upon request.The recipient shall ensure that audit working papers are made available to the Department of State,or its designee,the CFO,or Auditor General upon request for a period of at least three years from the date the audit report is issued,unless extended in waiting by the Department of State. Page:12 State Aid to libraries Grant Agreement(Form DI IS/SA02) Chapter 113-2.011(2)(a),Florida Administrative Code,Effective 02-2022 0 V3 1689 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:13 State Aid to libraries Csant Agreement(Form DUS/SA02) Chapter 1B-2.011(2)(a),Florida Administrative Code,Effective 02-2022 O�� I6D9 ATTACHMENT B Fiscal Year 2022-23 State Aid to Libraries Final Grants Page:14 State Aid to Iibraries Grant Agreement(Form DLIS/SA02) Chapter 1B-2.011(2)(a),Florida Administrative(:ode,Effective 02-2022 V 1 6 a 9 FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES STATE AID TO LIBRARIES GRANT APPLICATION Certification of Horns,Five library Service and Access to Materials The Collier County Board of County Commissioners,governing body for the Collier County Public Library hereby certifies that the following statements are true for the tine period October 1,2020 through June 30,2023: • Provides free library service,including loaning materials available for circulation free of charge and providing reference and infornxtion services free of charge; • Provides access to materials,infoni ation and services for all residents of the area served;and • Has at least one library,branch library or member library open 40 hours or more each week(excluding holidays;between Sunday through Saturday,on a schedule determined by the library system). Signature e..). • xlii C. SEer ZZ 1 IA'I2. Date William L. McDaniel, Jr.,BCC Chairman A ri. wed .s t fo m legality ATTEST: �' , 10 ' C" ii erek D. Perry, Assista"' ou •ttorney Crystal K. Kinzc�l. 'Ie �: " Atte G ►rman's 0 ,v / 0 73 Page:1 0 C)