Backup Documents 09/26/2023 Item #16D 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 D 6
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. Parker Smith Community and Human PS 09/21/2023
Services
2. County Attorney Office County Attorney Office OP P 1 1201
3. BCC Office Board of County Commissioners (n
L by j't?7J/S '1/Z' 13
4. Minutes and Records Clerk of Court's Office (( p
01/93
PRIMARY CONTACT INFORMATION
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 Parker Smith.Grants Coordinator I, Phone Number 239-252-6141
Contact/ Department Community and Human Services
Agenda Date Item was September 26, 2023 Agenda Item Number 16.D.6
Approved by the BCC
Type of Document Grant agreement#24-ST-08 and all Number of Original 6;3 agreements and 3
Attached certifications required for the submission of Documents Attached certifications
the grant application to the Florida
Department of State,Division of Library
and Information Services
PO number or account
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? PS
2. Does the document need to be sent to another agency for additional signatures? If yes, PS,
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. please
see
page 2
3. Original document has been signed/initialed for legal sufficiency. (All documents to be PS
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 PS
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 PS
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 PS
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip PS
should be provided to the County Attorney Office at the time the item is input into
MinuteTraq. 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 9/26/2023 and all changes made during no
the meeting have been incorporated in the attached document. The County OP
Attorney's Office has reviewed the changes,if applicable.
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
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the we( iptipu for 1 6 D
Chairman's signature. t/1J�
*** ONLY USE FOR AGREEMENTS***
Instructions
1) Return signed originals to BY SEPTEMBER 28 in order to meet grant application submission
deadline :
Parker Smith
Grants, Coordinator I
Collier County Government I Community and Human Services
3339 E. Tamiami Trail, Bldg. H, Suite 213
Naples, FL 34112
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
16D6
FLORIDA DEPARTMENT OF STATE
DIVISION OF LIBRARY AND INFORMATION SERVICES
STATE AID TO LIBRARIES GRANT APPLICATION
Certification of Hours,Five Library Service and Access to Materials
The Collier County Board of County Corrrnissioners,governing body for the Collier County Public Library hereby certifies that the
following statements are true for the time period October 1,2021 through June 30,2024:
• Provides free library service,including loaning materials available for circulation free of charge and providing reference and
information services free of charge;
• Provides access to materials,information and services for all residents of the area served;and
• Has at least one library,branch hbrary or member library open 40 hours or rmre each week(excluding holidays;between Sunday
through Saturday,on a schedule determined by the hbrary system).
Signature
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. , LERK COLLIER COUNTY,FLORIDA
By: By:
Attest as to heir ian'Oeputy Clerk Rick LoCastro, Chairman
signet e o y
Dated: Se 2-6 ) 2 a 2.,.3
A ►.'. i ved as to Form and Le ality:
D"ek D. Perry 1' ��~,
alip ..‘b
Assistant County Attorney
Page:1 es'
1 6D 6
24-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,Departrnent of State,Division of Library and hufoumr ation Services,hereinafter referred to
as the`Division,"and the Collier County Board of County Commissioners for 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 2023-24 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 funds were
appropriated.
a) The Grantee shall perform the following Scope of Work:
In accordance with Sections 257.17-257.18,Florida Statutes,the Grantee shall receive a grant amount 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 1,2021 -September 30,2022.
In order to be eligible to receive the grant finding the Grantee shall manage or coordinate free library service to the residents of its
legal service area for the period October 1,2021 through June 30,2024.The Grantee shall:
o Have a single administrative head employed full tine by the library's governing body,
o Provide free library service,including loaning materials available for circulation free of charge and providing reference and
infouimation 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 member hbrary open 40 hours or more each week(excluding holidays or
emergencies;between Sunday through Saturday,on a schedule deteumvned by the library system)during the length of the
agreement.
b) The Grantee agrees to provide the flowing Deliverables related to the Scope of Work for payments to be awarded.
Payment 1,Deliverable/Task
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State Aid to Libraries Grant Agreement(Conn DLIS'SA02) Q
Chapter 1 E3 2.011(2)(a),Florida Administrative Code,Effective 05-2023 ��
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Payment will be a fixed price in the airount of 100%of the grant award for the period October 1,2021 through June 30,2024.
The Grantee will:
o Have expended funds to provide free library service during the period October 1,2021 -September 30,2022;
o Provide an Expenditure Report and certification of Local Operating Expenditures for the period October 1,2021-
September 30,2022 only;
o Provide documentation showing that at least one library,branch library or neirber library is open 40 hours or more each
week(excluding holidays or emergencies;between Sunday through Saturday,on a schedule detetnuted 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 full-
time,part-turf,temporary,or seasonal basis);Operating Expenses(expenditures for goods and services which prinerly 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 1,2021 to June 30,2024,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,
2021)and concludes with the end of the State of Florida's current fiscal year(June 30,2024).
3. Expenditure of Grant Funds.Grant fords will be used to reimburse a portion of local finds expended by the Grantee during their
second preceding fiscal year(October 1,2021—September 30,2022)for the operation and maintenance of a library and shall not
exceed the amount specified in Attaclurrnt B.
4. Contract Administration.The parties are legally bound by the requirements of this agreement.Each party's contract manager,named
below,will be responsible for monitoring its performance under this Agreement and will be the official contact for each party.Any
notice(s)or other commnications regarding this agreement shall be directed to or delivered to the other party's contract manager by
utilizing the infomution 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:
Tom Pena,Grant Programs Supervisor
Florida Department of State
RA.Gray Building
Marl Station#9D
500 South Bronough Street
Tallahassee,FL 32399-0250
Phone:850.245.6620
Email:thomas.pena@dos.myflorida.com
For the Grantee:
Cynthia Baltemman
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Chapter 18-2.011(20).Florida_Administrative Code,Effective 05-2023 t`
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Collier County Public Library
2385 Orange Blossom Drive Naples Florida 34109-8840
Phone:239.252.1460
Email: Cynthia.Balternan@rc colliercounty8.gov
5. Grant Payments.The total grant award shall not exceed the amount specified on the`Fiscal Year 2023-24 State Aid to Libraries Final
Grants"document(Attachment B),which shall be paid by the Division in consideration for the Grantee's minimum performance as set
forth by the tenth and conditions of this Agreement.Payment will be a fixed price in the annunt 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 fluids transfer(FYI)to receive grant payments.All grantees wishing to
receive their award through EFT must submit a Vendor Direct Deposit Authorization Fomi(form number DFS-AI-26E,rev 3/2022),
incorporated by reference,to the Florida Department of Financial Services.If EFT has already been set up for your organization,you do
not need to submit another authorization form unless you have changed bank accounts.To download this form visit
n liacfo.cornidoes-sfaceountirv-and-ouditi lbrarigs/vendoxJvendor-relatiDnsidis-al-26e-drect-deposit-vendors.pdr
sfintin"ef1/28e f 16.The form also includes tools and information that allow you to check on payments.
7. Florida Substitute Form W-9.A completed Substitute Form W-9 is required from any entity that receives a parent from the State of
Florida that may be subject to 1099 reporting.The Department of Financial Services(DFS)mist have the correct Taxpayer Identification
Number(TIN)and other related 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 flverxlorary#Ioridacfo,com A copy of the Grantee's Florida Substitute Form 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 fal1ure 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 ammnt based upon the percentage of time that the library failed to
perform the minimum level of services.The prorated reduction will be in the same percentage as the percentage of tine 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 funding
for activities and publications supported by grant fiords.Any announcements,informmtion,press releases,publications,brochures,videos,
webpages,programs,etc.,created as part of a State Aid to Libraries Grant project trust include an acknowledgment that State Aid to
Libraries Grant funds were used to create them
Use the following text:
"This 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 Infoinntion 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 October 2022),incorporated by reference,which
Page:3
State Aid to Libraries Grant Agreement("FornDLIS'SA02)
Chapter I B-2.01 I(2)(a).Florida Adininirlralive Code,Effective 05-2023 AO
16D6
are available online at nwfloridacfa.com/docs-sflaccountingand-audits libraries/state-agencies/reference-,nude-for-state-
expenditures.ndf?sfvrsn=b4cc3337 2.
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
refund to the State of Florida any balance of unobligated finds 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 tenth and conditions of the agreement mist be refunded to the state
agency.Further,the recipient tray expend funds 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 October 2022)
mvfloridacfo.coal/dots-sfaccounting-and-auditinglibraries/state-agencies/reference-guide-for-state-expenditures.pdf?
sfvrsrFb4cc3337 2,incorporated by reference.
13. Repayment All refunds or repayments to be made to the Department under this agreement are to be made payable to the order of
"Department of State"and mailed directly to the following address:Florida Depai tnnent of State,Attention Thomas Pena,Division of
Library and Infonrntion Services,500 South Bronough Street,Mad 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 Departn ent
a service fee of$15.00 or five percent(5%)of the face annunt of the returned check or draft,whichever is Beater.
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 for additional information regarding this requ irenent.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.con>:
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 clannhas been resolved.
16. Obligation to Provide State Access to Grant Records.The Grantee mist make all grant records of expenditures,copies of reports,
books,and related documentation available to the Division or a duly authorized representative of the State of Florida for inspection at
reasonable 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 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 Agreement.
18. Noncompliance.Any Grantee that is not following Florida Statutes or rules,the tears of the grant agreenent,Florida Depat Lent of
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State Aid to Libraries Grant Agreement(Form DLIS"SA02)
Chapter 1 B-2.01 l(2)(a),Florida_chninistraiive Code,Effective 05-2023 r^ Q►
1 6D 6
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 Infohnxtion 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
mist be resolved before a grant award agreement may be executed and before grant payrrmnts for any DOS grant maybe released.
19. Accounting Requirements.The Grantee mist maintain an accounting system that provides a complete record of the 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 funds;
b) Accounting records mist adequately identify the sources and application of finds for all grant activities and mist 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 frarnet than the one in the grant application,subsidiary records mist document and
reconcile the amounts 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 for revenues and
expenses described in the Scope of Work and detailed in the Estimated Project Budget;
d) The name of the account(s)mist include the grant award lumber;
e) The Grantee's accounting records mist have effective control over and accountability for all funds,property and other assets;and
f) Accounting records must be supported by source documentation and be in sufficient detail to allow for a proper pre-audit and
post-audit(such as invoices,bills and canceled checks).
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 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 aheady
expended prior to the termination date.Such termination will not affect the responsibility of the Grantee under this Agreement as to those
finds previously distributed.In the event of a state revenue shortfall,the total grant may be reduced accordingly.
21. Lobbying.The Grantee will not use any grant 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 enaplo,emnt,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 perfomaed and all expenses incurred in connection with this
Agreenent.The Grantee may subcontract,as necessary,to performthe services and to provide conimedities 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 subcontractor(s)for all expenses and liabilities incurred under its subcontract(s).The Grantee mist take
the necessary steps to ensure that each of its subcontractors will be deemed to be independent contractors and will not be considered or
permitted to be agents,servants,joint venturers or partners of the Division
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Stale Aid to Libraries Gant Agreernant(FonmDLIS'SA02)
Chapter 1 B-2.011(2)(a),Floriclo Administrative Code,Effective 05-2023 Ct
1 6D 6
24. Liability.The Division will not assume any liability for the acts,omissions to act or negligence of the Grantee,its agents,servants or
employees;nor may the Grantee exclude liability for its own acts,omissions to act or negligence to the Division
a) The Grantee shall be responsible for claims of any nature,including but not limited to injury,death and property damage arising out
of activities related to this Agreement by the Grantee,its agents,servants,employees and subcontractors.The Grantee shall
indemnify and hold the Division harmless from any and all claims of any nature and shall investigate all such claims at its own
expense.If the Grantee is governed by Section 768.28,Florida Statutes,it shall only be obligated in accordance with this
Section.
b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign inmirity 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 perfomed and all expenses incurred in connection with the project.The Grantee
may subcontract as necessary to perform the services set forth in this Agreement,including entering into subcontracts with vendors
for services and coirrrudities,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 Departnent 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 Agreenent in strict conformity with all applicable laws
and regulations of the local,state and federal law.For consequences ofnoncompliance,see Section 18,Noncompliance.
26. No Discrimination.The Grantee may not discriminate against any employee employed under this Agreenent 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 funds already received,will withhold subsequent payments and/or
will terminate 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 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 terminate this Agreement.The
notice of violation letter shall be delivered to the Grantee's Contract Manager,personally,or marled 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 temination 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 Agreenent 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.
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State Aid to Libraries Gant Agreement(FonnDLISiSA02)
Q
Chapter 1 r3-2.011(2)(a),Florida Administrative Code,Effective 05-2023 r+�
1 6D 6
30. Non-Assignment of Agreement The Grantee may not assign,sublicense or otherwise transfer its rights,duties or obligations under this
Agreenunt without the prior written consent of the Division,which shall not unreasonably be withheld.The agreennent transferee must
demonstrate compliance with the requirements of the project.If the Division approves a transfer of the Grantee's obligations,the Grantee
shall remain liable for all work performed and all expenses incurred in connection with this Agreement.In the event the Legislature
transfers the rights,duties and obligations of the Division to another goveuuiental 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 Wit was
the original party to this Agreement.
31. Required Procurement Procedures for Obtaining Goods and Services.The Grantee shall provide maxunnn 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 procurenent 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 maybe 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 infornxl 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 maybe 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 Depar tyrant 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 Agreeueiil 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 hmiigration and Nationality Act(8 USC 1324(a)(as of April 2019)),incorporated by reference. If the Grantee knowingly
employs unauthorized aliens,such violation shall be cause for unilateral cancellation of this Agreement
35. Severability.If any term or provision of the Agreement is found to be illegal and unenforceable,the reminder will remain in full force and
effect,and such term or provision shall be deenud 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;ov(as of January 2020)),incorporated by reference).
37. Governing Law.This Agreement shall be construed,perforirad and enforced in all respects in accordance with the laws and rules of
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State Aid to Libraries Grant Agreement(Form DLLS'SA02) O
Chapter IB-2.01 a(2)(a),Florida Administrative Code,Effective 05-2023 GQ►
1 6D 6
Florida.Venue or location for any legal action arising under this Agreennnt will be in Leon County,Florida.
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State Aid to Libraries Grant Agreerrant(Fonn DLUS SA02) 0
Chapter 1 E3-2.011(21(a),Florida Administrative Code.Effective 05-2023 ��
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38. Entire Agreement.The entire Agreement of the 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 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
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By: •
Rick LoCastro, Chairman
Amy L. Johnson, Director
a., Division of Library and Information Services
Attest: Department of State, State of Florida
CRYST K. E CLERK
Attest as to ai an'sDeputy lerk
signatu e a ly
Date
Witness
App ve as to Form and Legality:
O
Derek D. Perry �'�� Date
Assistant County Attorney O
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State Aid to Libraries Grant Agreement(FonnDLIS'SA02)
O
Chapter 113-2.01 i(2)(a).Florida Administrative Code.Effective 05-2023 r^ i'
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ATTACHMENT A
FLORIDA SINGLE AUDIT ACT REQUIREMENTS
AUDIT REQUIREMENTS
The administration nistration 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 limited to,on-site visits by Department of State
stag limited scope audits as defined by 2 CFR 2§200.425,or other procedures.By entering into this agreement,the recipient agrees to comply
and cooperate with any monitoring procedures/processes deemed appropriate by the Department of State.In the event the Department of State
determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any additionalnlstructions 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 goveuumrnt or a nonprofit organization as defined in 2 CFR§200.90,§200.64,and
§200.70.
1. A recipient that expends$750,000 or more in federal awards in its fiscal year 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 Depar taunt 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 requi events addressed in Part I,paragraph 1,the recipient shall fulfill the requirements relative to auditee responsibilities as
provided in2 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 Requi enents.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 Requi errents,the
cost of the audit must be paid from non-federal resources(ie.,the cost of such an audit must be paid from recipient resources obtained
from other than federal entities).
Part II: State Funded
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This part is applicable if the recipient is a nonstate entity as defined by section 215.97(2)ES.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of$750,000 in any fiscal year of such
recipient(for fiscal years ending June 30,2017 and thereafter),the recipient mast have a state single or project-specific audit for such fiscal
year in accordance with Section 215.97,F.S.;Rule Chapter 69I-5 F.A.C.,State Financial Assistance;and Chapters 10.550(local
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 detemining 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 requirenents.
2. For the audit requirenents addressed in Part II,paragraph 1,the recipient shall ensure that the audit complies with the requirenents of
Section 215.97(8),F.S. This includes submission of a financial reporting package as defined by Section 215.97(2)ES.,and Chapters
10.550(local govemuii 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(far fiscal years ending June 30,2017 and
thereafter),an audit conducted in accordance with the provisions of Section 215.97,F.S,is not required.In the event that the recipient
expends less than$750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the
provisions of Section 215.97,F.S.,the cost of the audit mist be paid from the nonstate entity's resources(ie.,the cost of such an audit
must be paid from the recipient's resources obtained from other than State entities).
The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation
of compliance issues.
State of Florida Department Financial Services(Chief Financial Officer)
httpl/www.n'lloridacfo.colx'
State of Florida Legislature(Statutes,Legislation relating to the Florida Single Audit Act)
littp://www,leg,state.fl,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 of the
following.
A. The Depantneut of State via the DOS Grants System at httpsJ//dosg•ants,coni
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 maybe 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 Departnent of State via the DOS Grants System at htts///dosgants.corn
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B. The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building,Room401
111 West Madison Street
Tallahassee,Florida 32399-1450
3. Any reports,management letter,or other infoirrntion required to be submitted to the Department of State pursuant to this agreement shall
be submitted tiirely in accordance with 2 CFR 200.512,section 215.97 F.S. and Chapters 10.550(local govemrnental 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 governmental entities)and 10.650(nonprofit and for-profit organizations),
Rules of the Auditor General,should indicate the date that the reporting package was delivered to the recipient in correspondence
accompanying the reporting package.
Part IV: Record Retention
1. The recipient shall retain sufficient records demonstrating its compliance with the term 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 Depat tut nt 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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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/.
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ATTACHMENT B
Fiscal Year 2023-24 State Aid to Libraries Final Grants
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FLORIDA DEPARTMENT OF STATE
DIVISION OF LIBRARY AND INFORMATION SERVICES
STATE AID TO LIBRARIES GRANT APPLICATION
Certification of Hours,Free 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 time period October 1,2021 through June 30,2024:
• Provides free library service,including loaning materials available for circulation free of charge and providing reference and
information services free of charge;
• Provides access to materials,information 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
ATTEST: F BOARD OF COUNTY COMMISSIONERS
CRYSTAL .K. . ' • , CLERK COLLIER COUNTY, FLORIDA
1,
BY `-- Or
ii ` � By, i - y . . _..
Attest as o Ch rmaputy Clerk Rick LoCastro, Chairman
sig ---cure o ly
Dated: SEPT Z-CD 1 Zo 2.3
Approved as to Form and Legality:
OfitAilA 0 41,rib
Derek D. Perry 4ti
Assistant County Attorney
Page:1 Os.
1 6D 6
24-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 Agreerrent is by and between the State of Florida,Department of State,Division of Library and Information Services,hereinafter referred to
as the"Division,"and the Collier County Board of County Commissioners for 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 2023-24 State Aid to Libraries Final Grants"document(which is
incorporated as part of this Agreerrent 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 funds were
appropriated.
a) The Grantee shall perform the following Scope of Work:
In accordance with Sections 257.17-257.18,Florida Statutes,the Grantee shall receive a grant 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 1,2021 - September 30,2022.
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 1,2021 through June 30,2024.The Grantee shall:
o Have a single administrative head employed full time 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 member library open 40 hours or more each week(excluding holidays or
emergencies;between Sunday through Saturday,on a schedule detetnined 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.
Payment 1,Deliverable/Task:
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Payment will be a fixed price in the amount of 100%of the grant award for the period October 1,2021 through June 30,2024.
The Grantee will:
o Have expended fords to provide free library service during the period October 1,2021 - September 30,2022;
o Provide an Expenditure Report and certification of Local Operating Expenditures for the period October 1,2021 -
September 30,2022 only;
o Provide documentation showing that at least one library,branch library or rrerrber 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 funds 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 full-
time,part-tine,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 1,2021 to June 30,2024,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,
2021)and concludes with the end of the State of Florida's current fiscal year(June 30,2024).
3. Expenditure of Grant Funds.Grant funds will be used to reimburse a portion of local fiords expended by the Grantee during their
second preceding fiscal year(October 1,2021—September 30,2022)for the operation and maintenance of a library and shall not
exceed the amount specified in Attachment B.
4. Contract Administration.The parties are legally bound by the requirements of this agreement Each party's contract manager,named
below,will be responsible for rmnitoring its performance under this Agreement and will be the official contact for each party.Any
notice(s)or other communications regarding this agreement shall be directed to or delivered to the other party's contract manager by
utilizing the infatuation below.Any change in the contact infoutxtion below should be submitted in writing to the contract manager within
10 days of the change.
For the Division of Library and Information Services:
Tom Pena,Grant Programs Supervisor
Florida Department of State
RA.Gray Building
Mail Station#9D
500 South Bronough Street
Tallahassee,FL 32399-0250
Phone:850.245.6620
Eninil thomas.pena@dos.myflorida.com
For the Grantee:
Cynthia Ralteman
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Collier County Public Library
2385 Orange Blossom Drive Naples Florida 34109-8840
Phone:239.252.1460
Email: Cynthia.Balterma a)coBiercountyfl.gov
5. Grant Payments.The total grant award shall not exceed the amount specified on the"Fiscal Year 2023-24 State Aid to Libraries Final
Grants"document(Attachment B),which shall be paid by the Division in consideration for the Grantee's minimum noun performance as set
forth by the tenth and conditions of this Agreement.Payment will be a fixed price in the armunt of 100%of the grant award as specified
in Attacinient B.Payment will be made in accordance with the completion of the Deliverables.
6. Electronic Payments.The Grantee can choose to use electronic fiords transfer(EFT)to receive grant payments.All grantees wishing to
receive their award through EFT mast submit a Vendor Direct Deposit Authorization Form(form number DFS-AI-26E,rev 3/2022),
incorporated by reference,to the Florida Department of Financial Services.If EFT has already been set up for your organization,you do
not need to submit another authorization form unless you have changed bank accounts.To download this form visit
n oridayfo.conidow-sfaeeountirlg-and-atditir>g-hbrat /v+endors/vendor-relations/dfs-al-fife-direct deposit-vendor5,pdf2
sfinsnf728c f,16.The form also includes tools and information that allow you to check on payments.
7. Florida Substitute Form W-9.A completed Substitute Fonn W-9 is required from any entity that receives a payment from the State of
Florida that may be subject to 1099 reporting.The Department of Financial Services(DFS)mist have the correct Taxpayer Identification
Number(TIN)and other related 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 fNendorniviloridactb,coin A copy of the Grantee's Florida Substitute Form 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 performthe mi nt=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 ammunt based upon the percentage of tine that the library felled to
perform the minimum level of services.The prorated reduction will be in the same percentage as the percentage of tine 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 fending
for activities and publications supported by grant finds.Any announcements,information,press releases,publications,brochures,videos,
webpages,programs,etc.,created as part of a State Aid to Libraries Grant project must include an acknowledgment that State Aid to
Libraries Grant funds were used to create them
Use the following text:
'This 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 Infourxtion Services."
10. Grant Expenditures.The Grantee agrees to expend all grant finds received under this agreement solely for the purposes for which they
were authorized and appropriated.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 October 2022),incorporated by reference,which
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are available online at mvforidacfo.com'docs-sf/accountang-and-a •-libraries/state-agencies/reference-guide-for-state_
expendi ures.ndf?sfvrsn b4cc3337 2.
Grant fends 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
refund to the State of Florida any balance of unobligated 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 tears and conditions of the agreement must be refunded 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 must be in compliance with the laws,rules and regulations applicable to expenditures of
State funds as outlined in the Department of Financial Service's Reference Guide for State Expenditures(as of October 2022)
myfloridacfo.com/docs-sgaccounting-and-auditin2-libraries/state-agencies/reference-guide-fior-state-exoenditures.odf?
sfvrsnb4cc3337 2,incorporated by reference.
13. Repayment.All refunds or repayments to be made to the Department under this agreement are to be made payable to the order of
'Department of State"and mailed directly to the following address:Florida Depat hri nt of State,Attention Thomas Pena,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 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 Attachment 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 mast 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 dosarants.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 of reports,
books,and related documentation available to the Division or a duly authorized representative of the State of Florida for inspection at
reasonable tines for the purpose of making audits,examinations,excerpts and transcripts.
17. Obligation to Provide Public Access to Grant Records.The Division reserves the right to unilaterally cancel this Agreement in the
event that the Grantee refuses public access to all documents or other materials made or received by the Grantee that are subject to the
provisions of Chapter 119,Florida Statutes,known as the Florida Public Records Act.The Grantee most irtuediately contact the
Divisions Contract Manager for assistance if it receives a public records request related to this Agreement.
18. Noncompliance.Any Grantee that is not following Florida Statutes or rules,the terms of the grant agreement,Florida Department of
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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
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 must maintain an accounting system that provides a complete record of the use of all grant
finds as follows:
a) The accounting system mast be able to specifically identify and provide audit trails that trace the receipt,maintenance and
expenditure of state finds;
b) Accounting records must adequately identify the sources and application of funds for all grant activities and must classify and
identify grant fords 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 amounts 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)mist include the grant award number;
e) The Grantee's accounting records mist 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 perfomnance 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 automatically temrmnated 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 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,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 perforred and all expenses incurred in connection with this
Agreement.The Grantee may subcontract,as necessary,to perform the services and to provide conirvdities 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 subcontractor(s)for all expenses and liabilities incurred under its subcontract(s).The Grantee mist take
the necessary steps to ensure that each of its subcontractors will be deemed to be independent contractors and will not be considered or
permitted to be agents,servants,joint venturers or partners of the Division.
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24. liability.The Division will not assure any liability for the acts,omissions to act or negligence of the Grantee,its agents,servants or
employees;nor may the Grantee exclude liability for its own acts,omissions to act or negligence to the Division
a) The Grantee shall be responsible for claims of any nature,including but not limited to injury,death and property damage arising out
of activities related to this Agreement by the Grantee,its agents,servants,employees and subcontractors.The Grantee shall
indemnify and hold the Division harmless from any and all claims of any nature and shall investigate all such claims at its own
expense.If the Grantee is governed by Section 768.28,Florida Statutes,it shall only be obligated in accordance with this
Section
b) Neither the state nor any agency or subdivision of the state waives any 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,including entering into subcontracts with vendors
for services and commodities,provided that such subcontract has been approved in writing by the Department prior to its
execution and provided that it is understood by the Grantee that the Department shall not be liable to the subcontractor for any
expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all
expenses and liabilities incurred under the subcon act.
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 Dis crinination.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 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. Termination of Agreement The Division will terminate or end this Agreement if the Grantee fails to firtfill 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 Contract Manager,personally,or trailed 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 under the
circumstances.Grant finds previously advanced and not expended on work completed in accordance with this Agreement shall be
returned to the Division,with interest,within thirty(30)days after termination of this Agreement The Division does not waive any of its
rights to additional damages if grant finds 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.
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State Aid to Libraries Gant Agreement(Form DLIS'SA02) Q
Chapter IB-2.011(2)(a),Florida Administrative Code.Effective OS-2023 ��
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30. Non-Assignment of Agreement The Grantee may not assign,sublicense or otherwise transfer its rights,duties or ob 4:tions under this
Agreement without the prior written consent of the Division,which shall not unreasonably be withheld.The agreement transferee mast
dermnstrate compliance with the requirements of the project If the Division approves a transfer of the Grantee's obligations,the Grantee
shall retrain 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 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 competition and Tray 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 maybe 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 nay be procured by either
Fotnal 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 Depat Lent 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 employment of unauthorized aliens by the Grantee is considered a violation of Section 274A
(a)of the Immigration and Nationality Act(8 USC 1324(a)(as of April 2019)),incorporated by reference. If the Grantee knowingly
employs unauthorized aliens,such violation shall be cause for unilateral cancellation of this Agreement
35. Severability.If any term or provision of the Agreement is found to be illegal and unenforceable,the remainder will retrain in full force and
effect,and such term or provision shall be deers('stricken
36. Americans with Disabilities Act All programs and facilities related to this Agreement must meet the standards of Sections 553.501-
553.513,Florida Statutes and the Americans with Disabilities Act of 1990(a gov(as of January 2020)),incorporated by reference).
37. Governing Law.This Agreement shall be construed,perfonied and enforced in all respects in accordance with the laws and rules of
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Florida.Venue or location for any legal action arising under this Agreennnt will be in Leon County,Florida.
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Chapter 18-2.011(21(a),Florida Administrative Code,Effective 05-202.3 G�
16D6
38. Entire Agreement The entire Agreen nt 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 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
BOARD OF COUNTY COMMISSIONERS
COLLIERR COUNTY, FLORIDA
By:
By: I --
Rick LoCastro, Chairman
Amy L. Johnson, Director
Division of Library and Information Services
Attest: Department of State, State of Florida
CR L EL, CLERK
Attest s. Chairmar)? eputy Clerk
sig at re only
Y
Date
Witness
pp oved as to Form and Legality:
1,i0P
09'
3
Derek D. Perry \^(° Date
Assistant County Attorney `o
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State Aid to Libraries Grant Agreement(FonnDLIS%SA02)
Chapter 1 B-2.011(21(a).Florida Administrative Code,Effective 05-2023 �+�O
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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 limited to,on-site visits by Department of State
stag limited scope audits as defined by 2 CFR 2§200.425,or other procedures.By entering into this agreement,the recipient agrees to comply
and cooperate with any rmnitoring procedures/processes deemed appropriate by the Depai Lent 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 nonprofit organization as defined in 2 CFR§200.90,§200.64,and
§200.70.
1. A recipient that expends$750,000 or more in federal awards in its fiscal year must 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 Depai tuent 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 fleet the requirement of this Part
2. For the audit requirements addressed in Part I,paragraph 1,the recipient shall fitlfill the requirements relative to auditee responsibilities as
provided rim 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 fromnon-federal resources(ie.,the cost of such an audit must be paid from recipient resources obtained
from other than federal entities).
Part II: State Funded
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This part is applicable if the recipient is a nonstate entity as defined by section 215.97(2)F.S.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of$750,000 in any fiscal year of such
recipient(for fiscal years ending June 30,2017 and thereafter),the recipient rust have a state single or project-specific audit for such fiscal
year in accordance with Section 215.97,F.S;Rule Chapter 69I-5 F.A.C.,State Financial Assistance;and Chapters 10.550(local
govemnental entities)and 10.650(nonprofit and for-profit organisations),Rules of the Auditor General EXHIBIT 1 to this agreement
indicates state financial assistance awarded through the Department of State by this agreement.In detemmining 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 of a financial reporting package as defined by Section 215.97(2)F.S.,and Chapters
10.550(local goveitutrvntal entities)and 10.650(nonprofit and for-profit organisations),Rules of the Auditor General
3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal years ending June 30,2017 and
thereafter),an audit conducted in accordance with the provisions of Section 215.97,F.S.,is not required.In the event that the recipient
expends less than$750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the
provisions of Section 215.97,F.S.,the cost of the audit must be paid from the nonstate entity's resources(ie.,the cost of such an audit
must be paid from the recipient's resources obtained fromother than State entities).
The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation
of compliance issues.
State of Florida Department Financial Services(Chief Financial Officer)
)tttp i/wwwaroridacfo.cony'
State of Florida Legislature(Statutes,Legislation relating to the Florida Single Audit Act)
http://www.leg.statelta/
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 Depattment of State via the DOS Grants System at https///dosgunts.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 fonrb 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 Depat turnt of State via the DOS Grants System at https///dosgrnnts.com
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B. The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building Room401
111 West Madison Street
Tallahassee,Florida 32399-1450
3. Any reports,managen-ent 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 goveituiental 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 govemrrrntal 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 dermnstrating 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 Depar tttent of State,or its designee,the CFO,or Auditor General
access to such records upon request.The recipient shall ensure that audit working papers are made available to the Department of State,or
its designee,the CFO,or Auditor General upon request for a period of at least three years from the date the audit report is issued,unless
extended in writing by the Department of State.
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State Aid to libraries Grant Agreerre nt(FonnDLISr/SA02) Q
Chapter 1B-2011(2)(a),Florida Administrative Code,Effective 05-2023 C
1 6 D €C
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/fsaaf.
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ATTACHMENT B
Fiscal Year 2023-24 State Aid to Libraries Final Grants
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State Aid to libraries Grant Agreement(FonnDL1S-SA02) O
Chapter 1B-2.011(2)(a),Florida Administrative Code,Effective 05-2023 V�
1 6D 6
FLORIDA DEPARTMENT OF STATE
DIVISION OF LIBRARY AND INFORMATION SERVICES
STATE AID TO LIBRARIES GRANT APPLICATION
Certification of Hours,Free Library Service and Access to Materials
The Collier County Board of County Corrrnissioners,governing body for the Collier County Public Library hereby certifies that the
following statements are true for the tine period October 1,2021 through June 30,2024:
• Provides free library service,including loaning materials available for circulation free of charge and providing reference and
information services free of charge;
• Provides access to materials,information 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
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL -L, CLERK COLLIER COUNTY,FLORIDA
(---; — '
By By: `
lutes as IN 'it:
eputy Clerk
sign'at Ply
Rick LoCastro, Chairman
. ,
Dated: .5.Eer- 2 G 1 2,6z..1
Lo
A pro d as to Form Legality:
Derek D. Perry 4
Assistant County Attorney
Page:1 CS-
1 6D 6
24-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,Department of State,Division of Library and Information Services,hereinafter referred to
as the'Division,"and the Collier County Board of County Commissioners for 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 2023-24 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 funds were
appropriated.
a) The Grantee shall perform the following Scope of Work:
In accordance with Sections 257.17-257.18,Florida Statutes,the Grantee shall receive a grant 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 1,2021 -September 30,2022.
In order to be eligble 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 1,2021 through June 30,2024.The Grantee shall:
o Have a single administrative head employed full tine 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 neither library open 40 hours or rmre 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.
Payment 1,Deliverable/Task:
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Chapter 1B-2.011(21(a).Florida Administrative Code,Effective 05-2023 ��
1
Payment will be a fixed price in the amount of 100%of the grant award for the period October 1,2021 through June 30,2024.
The Grantee will:
o Have expended funds to provide free library service during the period October 1,2021 -September 30,2022;
o Provide an Expenditure Report and certification of Local Operating Expenditures for the period October 1,2021-
September 30,2022 only,
o Provide documentation showing that at least one library,branch library or timber 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 Hans,Free Library Service and Access to Materials.
c) Grant funds 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 full
tine,part-time,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 Agreenont covers the period of October 1,2021 to June 30,2024,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,
2021)and concludes with the end of the State of Florida's current fiscal year(June 30,2024).
3. Expenditure of Grant Funds.Grant finds will be used to reimburse a portion of local funds expended by the Grantee during their
second preceding fiscal year(October 1,2021—September 30,2022)for the operation and maintenance of a library and shall not
exceed the amount specified in Attachment B.
4. Contract Administration.The parties are legally bound by the requirements of this agreement.Each party's contract manager,named
below,will be responsible for monitoring its performance under this Agreement and will be the official contact for each party.Any
notice(s)or other commnications 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:
Tom Pei9a,Grant Programs Supervisor
Florida Department of State
RA.Gray Building
Mail Station#9D
500 South Bronough Street
Tallahassee,FL 32399-0250
Phone:850.245.6620
Email:thomas.pena@dos.myflorida.com
For the Grantee:
Cynthia Baltemnan
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1 6 D 6
Collier County Public Library
2385 Orange Blossom Drive Naples Florida 34109-8840
Phone:239.252.1460
Email: Cynthia.Balterman@colliercountyfigov
5. Grant Payments.The total grant award shall not exceed the amount specified on the"Fiscal Year 2023-24 State Aid to Libraries Final
Grants"document(Attachment B),which shall be paid by the Division in consideration for the Grantee's nvni nimperfornunce as set
forth by the terms and conditions of this Agreement.Payment will be a fixed price in the amount of 100%of the grant award as specified
in Attaclur>✓nt B.Payment will be made in accordance with the completion of the Deliverables.
6. Electronic Payments.The Grantee can choose to use electronic fiords 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 3/2022),
incorporated by reference,to the Florida Department of Financial Services.If EFT has already been set up for your organization,you do
not need to submit another authorization form unless you have changed bank accounts.To download this form visit
lipfloridacfo.cony'docs-sflaceountin t-and-auditmn -llbituies/vuidot /v rdor-rekitioxu!dts-.al-26o-direct-deposit vendors.pdt?
s1 st :ft7284_16.The form also includes tools and information that allow you to check on payments.
7. Florida Substitute Form W 9.A completed Substitute FormW-9 is required from any entity that receives a payment fromthe State of
Florida that may be subject to 1099 reporting.The Department of Financial Services(DFS)mist have the correct Taxpayer Identification
Number(TIN)and other related 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.nzytloridacfo.corn A copy of the Grantee's Florida Substitute Form 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 time that the library failed to
perform the minimum level of services.The prorated reduction will be in the same percentage as the percentage of tits e that the library was
not providing minnnun level of services.
9. Credit lCine(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 mist include an acknowledgment that State Aid to
Libraries Grant finds 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 authorimd 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 October 2022),incorporated by reference,which
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are available online at myfloridacfo,comidocs-sflaccounting-and-auditing.hbraries/state-agenciesheference-;;ride-for-state-
expenditures.pdflsfvrsrFb4cc3337 2.
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
refund to the State of Florida any balance of unobligated finals 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 tents and conditions of the agreement mast be refunded 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 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 October 2022)
nyfloridacfo.coindocs-sflaccountine and-auditing-libraries/state-agencies/reference-guide-for-state-expenditures.pdf?
sfvrsn b4cc3337 2,incorporated by reference.
13. Repayment All refunds or repayments to be made to the Department under this agreement are to be made payable to the order of
"Department of State"and marled directly to the following address:Florida Depar tiiiint of State,Attention Thomas Pena,Division of
Library and Infonuation Services,500 South Bronough Street,Mall 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 of the retuned 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 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 rmnths of the close of its fiscal year.Audits
trust 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 trade 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 mist make all grant records of expenditures,copies of reports,
books,and related documentation available to the Division or a duly authorized representative of the State of Florida for inspection at
reasonable tines for the purpose of making audits,examinations,excerpts and transcripts.
17. Obligation to Provide Public Access to Grant Records.The Division reserves the right to unilaterally cancel this Agreement in the
event that the Grantee refuses public access to all documents or other materials made or received by the Grantee that are subject to the
provisions of Chapter 119,Florida Statutes,known as the Florida Public Records Act.The Grantee mast inn ediately contact the
Division's Contract Manager for assistance Wit receives a public records request related to this Agreement
18. Noncompliance.Any Grantee that is not following Florida Statutes or rules,the terms of the grant agreement,Florida Departuent of
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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
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
mast 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
fields 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 must adequately identify the sources and application of funds for all grant activities and mist classify and
identify grant finds by using the sane budget categories that were approved in the grant application.If Grantee's accounting
system accumilates data in a different format than the one in the grant application,subsidiary records must document and
reconcile the amounts 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 for revenues and
expenses described in the Scope of Work and detailed in the Estimated Project Budget.,
d) The nano of the account(s)mast include the grant award number;
e) The Grantee's accounting records mist have effective control over and accountability for all finds,property and other assets;and
fl Accounting records trust be supported by source docurrentation 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 Agreement will be automatically terminated and the Division shall have no further liability to the Grantee beyond those ammunts 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 shortffJl,the total grant 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,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 Subcontractots.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 couxrudities 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 subcouttactor(s)for all expenses and liabilities incurred under its subcon tiact(s).The Grantee mast take
the necessary steps to ensure that each of its subcontractors will be deemed to be independent contractors and will not be considered or
permitted to be agents,servants,joint venturers or partners of the Division
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24. Liability.The Division will not assure any liability for the acts,omissions to act or negligence of the Grantee,its agents,servants or
employees;nor may the Grantee exclude liability for its own acts,omissions to act or negligence to the Division
a) The Grantee shall be responsible for claims of any nature,including but not limited to injury,death and property damage arising out
of activities related to this Agreement by the Grantee,its agents,servants,employees and subcontractors.The Grantee shall
indemnify and hold the Division harmless from any and all chins 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 irrrnmity 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 perfotiied and all expenses incurred in connection with the project.The Grantee
may subcontract as necessary to perform the services set forth in this Agreerrent,including entering into subcontracts with vendors
for services and coiinndities,provided that such subcontract has been approved in writing by the Departrnent prior to its
execution and provided that it is understood by the Grantee that the Department shall not be liable to the subcontractor for any
expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all
expenses and liabilities incurred under the subcontract.
25. Strict Compliance with Laws.The Grantee shall perform all acts required by this Agreement in strict conformity with all applicable laws
and regulations of the local,state and federal law.For consequences of noncompliance,see Section 18,Noncompliance.
26. No 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 subcontracts for services under this Agreement.
27. Breach of Agreement.The Division will demand the return of grant finds already received,will withhold subsequent paynents and/or
will terminate this agreement if the Grantee improperly expends and manages grant funds;fails to prepare,preserve or surrender records
required by this Agreerrent;or otherwise violates this Agreement.
28. Termination 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 terminate this Agreement.The
notice of violation letter shall be delivered to the Grantee's Contract Manager,personally,or trailed 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 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 finds 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 inpair 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.
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30. Non-Assignment of Agreement The Grantee may not assign,sublicense or otherwise transfer its rights,duties or obligations under this
Agreement without the prior written consent of the Division,which shall not unreasonably be withheld.The agreement transferee mist
dermnstrate compliance with the requirements of the project If the Division approves a transfer of the Grantee's obligations,the Grantee
shall remain liable for all work pertained 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 rust 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 infotiral 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 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 farther agrees to seek authorization from the
General Counsel for the Depat tirrnt 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 employnen t of unauthorized aliens by the Grantee is considered a violation of Section 274A
(a)of the Ininigration and Nationality Act(8 USC 1324(a)(as of April 2019)),incorporated by reference. If the Grantee lcnowingly
employs unauthorized aliens,such violation shall be cause for unilateral cancellation of this Agreement
35. Seve rability.If any term or provision of the Agreement is found to be illegal and unenforceable,the remainder will remain in full force and
effect,and such term or provision shall be deemed stricken
36. Americans with Disabilities Act.All programs and facilities related to this Agreement mast feet the standards of Sections 553.501-
553.513,Florida Statutes and the Americans with Disabilities Act of 1990(ada,g v(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
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Florida.Venue or location for any legal action arising under this Agreentnt will be in Leon County,Florida.
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38. Entire Agreement.The entire Agreement of the 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 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
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
I
By: ,1 •
Rick LoCastro, Chairman
Amy L. Johnson, Director
Division of Library and Information Services
Attest: - Department of State, State of Florida
CRYST L; . K , CLERK
est as t pail- an e :Clerk
sigma' re:on y pu tY.
Date
Witness
pro ed as to or and Legality:
Derek D. Perry \t•
(,) Date
Assistant County Attorney 46
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Chapter 1B-2.011(2)(a),Florida Administrative Code,Efective 05-202 3 C
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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 descnbed 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 limited to,on-site visits by Department of State
stag limited scope audits as defined by 2 CFR 2§200.425,or other procedures.By entering into this agreement,the recipient agrees to comply
and cooperate with any monitoring procedures/processes deened appropriate by the Departnent 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
Departnent of State staff to the recipient regarding such audit.The recipient further agrees to comply and cooperate with anypections,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 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 Requ repents.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 Depal Lent 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 requi events addressed in Part I,paragraph 1,the recipient shall fulfill the requirements relative to al iditee 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 Requirerrunts,the
cost of the audit must be paid fromnon-federal resources(ie.,the cost of such an audit trust be paid from recipient resources obtained
from other than federal entities).
Part II: State Funded
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This part is applicable if the recipient is a nonstate entity as defined by section 215.97(2)F.S.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of$750,000 in any fiscal year of such
recipient(for fiscal years ending June 30,2017 and thereafter),the recipient must have a state single or project-specific audit for such fiscal
year in accordance with Section 215.97,F.S.;Rule Chapter 69I-5 F.A.C.,State Financial Assistance;and Chapters 10.550(local
governmental entities)and 10.650(nonprofit and for-profit organizations),Rules of the Auditor General EXI-IIBIT 1 to this agreement
indicates state financial assistance awarded through the Department of State by this agreement.In detemining 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 requi en nts 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 governuental 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 mist be paid from the nonstate entity's resources(Le.,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 docutusnts referenced in the text of this agreement and the interpretation
of compliance issues.
State of Florida Department Financial Services(Chief Financial Officer)
http//vvww,nprfloridacib.cont'
State of Florida Legislature(Statutes,Legislation relating to the Florida Single Audit Act)
http://www.logstate.flu.s/
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 Depar Brent of State via the DOS Grants System at httpsOdos <rnts,eom
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 foul!,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 subtij ted by or on behalf of the recipient directly to
each of the following
A. The Depaitnent of State via the DOS Grants System at httpsi//dowantss.com
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B. The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building,Room401
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 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 govemmental 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 ternb of the award(s)and this agreement for a period of
five years fromthe 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 wiitiug by the Department of State.
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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 maybe found in Part Four(State Project Compliance
Requirements)of the State Projects Compliance Supplement located at https'/apps.fldfs.corn/fsaa/.
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ATTACHMENT B
Fiscal Year 2023-24 State Aid to Libraries Final Grants
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Chapter I I3-2.011(2)(a),Florida Administrative Code,Effective 05-2023 CitS