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Backup Documents 04/23/2019 Item #16D 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D 4 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. 2. 3. County Attorney Office County Attorney Office 4. BCC Office Board of County \r-a-k, Commissioners WcSi A 5. Minutes and Records Clerk of Court's Office 41944 JL9 31700/1- PRIMARY ;cPRIMARY 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 Tanya Williams, brary Director 593-3511 Contact/Department Agenda Date Item was 04/23/2019 Agenda Item Number 8503 Approved by the BCC Type of Document Library Services and Technology Act Grant Number of Original 1 Attached Agreement,Project# 18-LSTA-D-07 Documents Attached PO number or account n/a 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 Signa e STAMP OK .W- SCK 2. Does the document need to be sent to another agency for additionaLsigniltures? If yes, TW provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be TW 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 TW 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 TW 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 TW signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip TW 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 04/23/19 and all changes made during TW the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by t --.t BCC,all changes directed by the BCC have been made,and the document is ready r the Chairman's signature. 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 1604 MEMORANDUM Date: April 24, 2019 To: Tanya Williams, Collier County Public Library From: Teresa Cannon, Senior Deputy Clerk Minutes & Records Department Re: Library Services and Technology Act Grant Agreement, Project #18-LSTA-D-07 Attached is an original of the referenced above, (Agenda Item #16D4) adopted by the Board of County Commissioners on Tuesday, April 23, 2019. A copy of the original has been kept by the Minutes & Records Department as part of the Board's Official Records. Please forward/e-mail a fully executed copy once all signatures have been received by your Department. If you have any questions, please contact me at 252-8411. Thank you. Attachment 1604 PROJECT NUMBER 18-LSTA-D-07 LIBRARY SERVICES AND TECHNOLOGY ACT 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 "Subgrantee." The Subgrantee has met all eligibility requirements and has been awarded a Library Services and Technology Act Grant(CFDA 45.310) by the Division: grant number 18-LSTA-D-07 for the project"Innovation Grant" in the amount of$2,875.12. Federal funds are provided through the Library Services and Technology Act under Florida's long-range plan approved by the Institute of Museum and Library Services. State of Florida authority for this grant has been appropriated in the FY 2018-2019 General Appropriations Act on line 3109. The Division, as administrator of federal funds in accordance with Section 257.12,Florida Statutes, has the authority to administer this grant. By reference,the application and any approved revisions are hereby made a part of this agreement. In consideration of the mutual covenants and promises contained herein,the parties agree as follows: 1. Grant Purpose. This grant shall be used exclusively for the "Innovation Grant,"the public purpose for which these funds were awarded: a) The Subgrantee shall perform the following Scope of Work: Purchase tangible item(s)that will support innovation in libraries. This may include the areas of STEM (Science, Technology, Engineering and Mathematics), STEAM (Science, Technology, Engineering, Art and Mathematics)or STREAM(Science, Technology, Reading, Engineering, Arts and Mathematics)programs. All tasks associated with this project, as outlined in the Project Description (see Attachment A),will be performed by September 30, 2019. b) The Subgrantee agrees to provide the following Deliverable related to the Scope of Work for payment to be awarded. LSTA Grant Agreement(Form DLIS/LSTA01>,Effective 2018 Page 1 of 20 Chapter 1B-2.011(2Xd),Florida Administrative Code 1604 Payment 1: 1. The payment will be a fixed price in the amount of 100%of the grant award. Collier County Public Library will have purchased the items as described in the Project Description(Attachment A)and the Project Budget(Attachment B)to support innovation in the library. To document evidence of completion of the deliverable Collier County Public Library will provide invoices for the items purchased. c) The Subgrantee has provided an Estimated Project Budget(which is incorporated as part of this Agreement and titled Attachment B). All expenditures for this agreement shall be in accordance with this budget. 2. Length of Agreement. This Agreement shall begin on December 19, 2018 and shall end September 30, 2019 unless terminated in accordance with the provisions of Section 38 of this Agreement. Contract extensions will not be granted unless Grantee is able to provide substantial written justification and the Division approves such extension. The Grantee's written request for such extension must be submitted to the Division no later than 30 days prior to the termination date of this Agreement. 3. Expenditure of Grant and Matching Funds. The Subgrantee shall only obligate or expend grant or matching funds during the length of the agreement. No costs incurred after the ending date of the Agreement or other termination of the Agreement shall be allowed unless specifically authorized by the Division. 4. Contract Administration. The parties are legally bound by the requirements of this agreement. Each party's contract manager, named below,will be responsible for monitoring its performance under this Agreement and will be the official contact for each party. Any notice(s)or other communications in regard to this agreement shall be directed to or delivered to the other party's contract manager by utilizing the information below. Any change in the contact information below should be submitted in writing to the contract manager within 10 days of the change. For the Division of Library and Information Services: David Beach, Library Program Specialist Florida Department of State R.A. Gray Building Mail Station#9D 500 South Bronough Street Tallahassee, Florida 32399-0250 Phone: 850.245.6630 Facsimile: 850.245.6643 Email: david.beach@dos.myflorida.com LSTA Grant Agreement(Form DLIS/LSTA01),Effective 04-2018 Page 2 of 20 Chapter IB-2.011(2Xd),Florida Administrative Code 1604 For the Subgrantee: Kim Spina, Project Manager Collier County Public Library 2385 Orange Blossom Drive Naples, Florida 34109-8840 Phone: 239.593.3511 Facsimile: 239.254.8167 Email: kim.spina@colliercountyfl.gov 5. Grant Payments.All grant payments are requested by submitting a Payment Request. Payment Requests and supporting documentation must be submitted on the DOS Grants System at dosgrants.com. The total grant award shall not exceed$2,875.12 which shall be paid by the Division in consideration for the Subgrantee's minimum performance as set forth by the terms and conditions of this Agreement. The grant payment schedule is outlined below: a) The payment will be 100%of the grant award. Payment will be made in accordance with the completion of the Deliverable. 6. Electronic Payments. The Subgrantee can choose to use electronic funds transfer(EFT)to receive grant payments. All Subgrantees wishing to receive their award through EFT must submit a Vendor Direct Deposit Authorization form(form number DFS-AI-26E rev 6/2014), incorporated by reference,to the Florida Department of Financial Services. If EFT has already been set up for your organization, you do not need to submit another authorization form unless you have changed bank accounts. To download this form visit myfloridacfo.com/Division/AA/Forms/DFS-A1-26E.pdf. The form also includes tools and information that allow you to check on payments. 7. Florida Substitute Form W-9.A completed Substitute Form W-9 is required from any entity that receives a payment from the State of Florida that may be subject to 1099 reporting. The Department of Financial Services(DFS)must have the correct Taxpayer Identification Number(TIN)and other related information in order to report accurate tax information to the Internal Revenue Service (IRS). To register or access a Florida Substitute Form W-9 visit flvendor.myfloridacfo.com. A copy of the Subgrantee's Florida Substitute Form W-9 must be submitted with the executed Agreement. 8. Changes to Project. Should the Subgrantee wish to make changes to the outcomes, Scope of Work, equipment to be purchased, key personnel, expenditures or deliverables,the Subgrantee must request permission to revise the project. This is done by submitting a Change Request. Changes within a budget category that are more than ten percent(10%) of the award or that move funds from one budget category to another require submission of a Change Request. Approval must be obtained from the Division before the changes are implemented in the project. Approval will be granted for changes that are consistent with the intent of the approved application or prior Change Requests. Changes to the project must be requested using the Change Request in the DOS Grants System at dosgrants.com. LSTA Grant Agreement(Form DLIS/LSTA01),Effective 04-2018 Page 3 of 20 Chapter 1B-2 011(2Xd),Florida Administrative Code 1604 9. Amendment to Contract. Either party may request modification of the provisions of this Agreement by filing a Change Request with the Division. The Change Request must be submitted using the DOS Grants System at dosgrants.com. Changes that are agreed upon shall be valid only when amended in writing, signed by each of the parties and attached to the original of this Agreement. If changes are implemented without the Division's written approval,the organization is subject to noncompliance,the grant award is subject to partial or complete refund to the State of Florida and this agreement is subject to termination. 10. Financial Consequences. The Department shall apply the following financial consequences for failure to perform the minimum level of services required by this Agreement in accordance with Sections 215.971 and 287.058,Florida Statutes: a) The full amount of the payment will be withheld if Deliverable is not satisfactorily completed. 11. Grant Reporting Requirements. The Subgrantee must submit a Mid-Year Report on or by January 30,2019. The Mid-Year report must be submitted using the DOS Grants System at dosgrants.com. At the completion of the project,the Subgrantee must submit a Final Report on or by November 1, 2019. The Final Report must be submitted using the DOS Grants System at dosgrants.com. 12. Matching Funds. If a project is awarded less than $10,000 ($0-$9,999) in grant funds or is a statewide project administered by a local organization as part of a Division statewide program, no matching funds are required. All other projects must provide local matching funds that equal a minimum of one-third (1/3) of the amount of federal grant funds awarded. Upon request,the Division will waive the financial matching requirements on grants for libraries located in counties or communities with rural status in compliance with Sections 288.0656 and 288.06561,Florida Statutes. In addition,the following are not allowed as matching expenditures: • Other federal grant funds. • Volunteer time. 13. Grant Completion Deadline.The grant completion deadline is September 30,2019.The Grant Completion Deadline is the date by which all grant and matching funds have been expended in accordance with the work described in the Scope of Work as detailed in the Estimated Project Budget 14. Acknowledgement of Grant Funding. Both the Institute of Museum and Library Services (IMLS) and the Division require public acknowledgement of Library Services and Technology Act(LSTA) grant funding for activities and publications supported by grant funds.Any announcements, information, press releases, publications,brochures, videos,webpages, programs, etc. created as part of an LSTA project must include an acknowledgment that LSTA funds were used to create them. Use the following text: LSTA Grant Agreement(Form DLIS/LSTA01),Effective 04-2018 Page 4 of 20 Chapter 1B-2.011(2Xd),Florida Administrative Code 16 D4 "This project was funded under the provisions of the Library Services and Technology Act from the Institute of Museum and Library Services. Florida's LSTA program is administered by the Department of State's Division of Library and Information Services." 15.Non-allowable Grant Expenditures. The Subgrantee agrees to expend all grant funds received under this agreement solely for the purposes for which they were authorized and appropriated.Expenditures shall be in compliance with the state and federal guidelines for allowable project costs. State guidelines for allowable costs are outlined in the Department of Financial Services' Reference Guide for State Expenditures (dated February 2011), incorporated by reference, which are available online at myfloridacfo.com/aadir/reference guide. Federal guidelines for allowable costs can be found at gpo.gov/fdsys/pkg/CFR-2014-title2-vol 1/pdf/CFR-2014-title2-vol 1-part200- subpartE.pdf in 2 CFR Part 200, Subpart E—Cost Principles, incorporated by reference. In addition,the following are not allowed as grant expenditures: 1. Construction. Funds may not be used to build, remodel or expand library facilities. However,they may be used to retrofit a building to accommodate technologies (e.g., wiring). 2. Audits. If the Subgrantee's governing entity has received less than $750,000 in federal funds, LSTA funds may not be used to cover audit costs. 3. Food. Although food may be served at a program being paid for with grant funds, the food may not be purchased with grant or matching funds. 16. Travel Expenses. The Subgrantee must pay any travel expenses, from grant or local matching funds, in accordance to the provisions of Section 112.061,Florida Statutes. 17. Equipment Purchased With Grant Funding. Before the Subgrantee can purchase any equipment with a purchase price of more than $5,000 (per item),the Division must request approval from the Institute of Museum and Library Services. The Subgrantee will be notified once the approval has been obtained. 18.Unobligated and Unearned Funds and Allowable Costs. In accordance with Section 215.971,Florida Statutes,the Subgrantee shall refund to the State of Florida any balance of unobligated funds which has been advanced or paid to the Subgrantee. In addition, funds paid in excess of the amount to which the Subgrantee is entitled under the terms and conditions of the agreement must be refunded to the state agency. Further,the Subgrantee may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. Expenditures of state and federal financial assistance must be in compliance with the laws,rules and regulations applicable to expenditures of funds. For state funds, guidelines for allowable costs are outlined in the Department of Financial Services' Reference Guide for State Expenditures (dated February 2011) (myfloridacfo.com/aadir/reference_guide), incorporated by reference. For federal funds, guidelines for allowable costs can be found in 2 CFR 2 Subpart E—Cost Principles. LSTA Grant Agreement(Form DLIS/LSTA01),Effective 04-2018 Page 5 of 20 Chapter 1B-2 011(2Xd),Florida Administrative Code 1604 19. Repayment.All refunds or repayments to be made to the Department under this agreement are to be made payable to the order of"Department of State"and mailed directly to the following address: Florida Department of State,Attention: David Beach, Division of Library and Information Services, 500 South Bronough Street, Mail Station #9D, Tallahassee, FL 32399. In accordance with Section 215.34(2),Florida Statutes, if a check or other draft is returned to the Department for collection, Subgrantee shall pay to the Department a service fee of$15.00 or five percent(5%) of the face amount of the returned check or draft, whichever is greater. 20. Single Audit Act. Each Subgrantee, other than a Subgrantee that is a state agency, shall submit to an audit pursuant to the federal Single Audit Act, 2 Code of Federal Regulations Part 200, Subpart F—Audit Requirements(gpo.gov/fdsys/pkg/CFR-2014-title2- voll/pdf/CFR-2014-title2-voll-part200.pdf), incorporated by reference. See Attachment C for additional information regarding this requirement. If a Subgrantee is not required by law to conduct an audit in accordance with the Florida Single Audit Act because it did not expend at least$750,000 in state financial assistance, it must submit a Financial Report on its operations pursuant to Section 218.39, Florida Statutes within nine months of the close of its fiscal year. 21. Retention of Accounting Records. Financial records, supporting documents, statistical records and all other records, including electronic storage media pertinent to the Project, shall be retained through June 30, 2029. If any litigation or audit is initiated or claim made, the records shall be retained until June 30, 2029 or five fiscal years after the litigation, audit or claim has been completed and all issues arising from it have been resolved, whichever is later. 22. Obligation to Provide State Access to Grant Records. The Subgrantee must make all grant records of expenditures, copies of reports,books, and related documentation available to the Division or a duly authorized representative of the State of Florida for inspection at reasonable times for the purpose of making audits, examinations, excerpts and transcripts. 23. Obligation to Provide Public Access to Grant Records. The Division reserves the right to unilaterally cancel this Agreement in the event that the Subgrantee refuses public access to all documents or other materials made or received by the Subgrantee that are subject to the provisions of Chapter 119,Florida Statutes, known as the Florida Public Records Act. The Subgrantee must immediately contact the Division's Contract Manager for assistance if it receives a public records request related to this Agreement. 24. Noncompliance. Any Subgrantee that is not following Florida statutes or rules,the terms of the grant agreement, Florida Department of State policies and guidance, local policies,or other applicable law or that has not submitted required reports or satisfied other administrative requirements for other Division of Library and Information Services grants or grants from any other Office of Cultural,Historical, and Information Programs(OCHIP) Division will be in noncompliance status and subject to the OCHIP Grants Compliance Procedure. OCHIP Divisions include the Division of Cultural Affairs,the Division of Historical Resources and the Division of Library and Information Services. Grant compliance LSTA Grant Agreement(Form DLIS/LSTA01),Effective 04-2018 Page 6 of 20 Chapter 1B-2.01 l(2Xd),Florida Administrative Code 1604 issues must be resolved before a grant award agreement may be executed and before grant payments for any OCHIP grant may be released. 25. Accounting Requirements. The Subgrantee must maintain an accounting system that provides a complete record of the use of all grant funds as follows: a) The accounting system must be able to specifically identify and provide audit trails that trace the receipt, maintenance and expenditure of state funds; b) Accounting records must adequately identify the sources and application of funds for all grant activities and must classify and identify grant funds by using the same budget categories that were approved in the grant application. If Subgrantee's accounting system accumulates data in a different format than the one in the grant application, subsidiary records must document and reconcile the amounts shown in the Subgrantee's accounting records to those amounts reported to the Division; c) An interest-bearing checking account or accounts in a state or federally chartered institution may be used for revenues and expenses described in the Scope of Work and detailed in the Estimated Project Budget; d) The name of the account(s) must include the grant award number; e) The Subgrantee's accounting records must have effective control over and accountability for all funds, property and other assets; and f) Accounting records must be supported by source documentation and be in sufficient detail to allow for a proper pre-audit and post-audit(such as invoices, bills and canceled checks). 26. Availability of Grant Funds. The State of Florida's performance and obligation to pay grant funds under any Agreement are contingent upon an annual appropriation by the Florida Legislature and upon an annual appropriation of the U.S. Congress. In the event that the state or federal funds upon which this Agreement is dependent are withdrawn,this Agreement will be automatically terminated and the Division shall have no further liability to the Subgrantee beyond those amounts already expended prior to the termination date. Such termination will not affect the responsibility of the Subgrantee under this Agreement as to those funds previously distributed. In the event of a state revenue shortfall,the total grant may be reduced accordingly. 27. Excluded or Disqualified. The Subgrantee certifies that to the best of the Subgrantee's knowledge and belief the Subgrantee and its principals: a) Are not presently excluded or disqualified(debarment, suspension and other responsibility matters); LSTA Grant Agreement(Form DLIS/LSTA01),Effective 04-2018 Page 7 of 20 Chapter 1B-2 011(2Xd),Florida Administrative Code 1604 b) Have not been convicted within the preceding three years of any of the offenses listed in 45 CFR 1185.800(a), (gpo. ov/fdsys/pkv/CFR-2005-title45-vola/ndf/CFR-2005-tit1e45- vo13-partl 185-subpartH.pdf) incorporated by reference, or had a civil judgment rendered against them for one of those offenses within that time period; c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(federal, state or local)with commission of any of the offenses listed in 45 CFR 1185.800(a) (gpo.gov/fdsys/pkg/CFR-2005-title45-vol3/pdf/CFR-2005- title45-vol3-part1185-subpartH.pdf), incorporated by reference;and d) Have not had one or more public transactions (federal, state or local)terminated within the preceding three years for cause or default. e) Will comply with 45 CFR Part 1185 Subpart C (Responsibilities of Participants Regarding Transactions) (gpo.gov/fdsys/pkg/CFR-2005-title45-vol3/pdf/CFR-2005- title45-vol3-partl 185-subpartC.pdf), incorporated by reference, and will require similar compliance with Subpart C by persons at the next lower tier with whom the primary tier participant enters into covered transactions. 28. Drug-Free Workplace. The Subgrantee will provide or continue to provide a drug-free workplace by complying with the requirements in 45 CFR, Subtitle A, Subchapter A, Part 76, Subpart F, Drug Free Workplace Requirements (Grants) (gpo.gov/fdsys/pkg/CFR-1999- title45-voll/pdf/CFR-1999-title45-voll-part76-subpartF.pdf), incorporated by reference. This includes making a good faith effort, on a continuing basis,to maintain a drug-free workplace;publishing a drug-free workplace statement; establishing a drug-free awareness program for employees;taking actions concerning employees who are convicted of violating drug statutes in the workplace; and identifying(either with this application, upon award, or in documents kept on file in the Subgrantee's office) all known workplaces under the award. 29. Lobbying. The Subgrantee will not use any grant funds for lobbying the state legislature,the state judicial branch or any state agency. The Subgrantee will not use any grant funds for lobbying an officer or employee of any federal agency, Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following federal actions: a) The awarding of any federal contract. b) The making of any federal grant. c) The making of any federal loan. d) The entering into of any cooperative agreement. e) The extension, continuation, renewal, amendment or modification of any federal contract. grant, loan or cooperative agreement. 30. Delinquent in Repayment of Federal Debt. The Subgrantee certifies that, to the best of the Subgrantee's knowledge and belief,the Subgrantee is not delinquent in the repayment of any federal debt. LSTA Grant Agreement(Form DLIS/LSTA01),Effective 04-2018 Page 8 of 20 Chapter 1B-2.011(2Xd),Florida Administrative Code 1604 31. Nondiscrimination.As required by the Civil Rights Act of 1964, (eeoc.gov/laws/statutes/titlevii.cfm) incorporated by reference, the Rehabilitation Act of 1973 (uscode.house.gov/view.xhtml?path=/prelim@title29/chapter 16/node3 3 2&ed ition=prelim), incorporated by reference,the Education Amendments of 1972 (uscode.house.gov/view.xhtml?path=/prelim(cr�title20/chapter38&edition=prelim), incorporated by reference, and the Age Discrimination in Employment Act of 1975, as implemented by 45 CFR Part 1180.44 (uscode.house.gov/view.xhtml?path=/prelim(a title42/chapter76&edition=prelim), incorporated by reference,the Subgrantee certifies that the Subgrantee will comply with the following nondiscrimination statutes and their implementing regulations: a) Title VII of the Civil Rights Act of 1964, as amended(42 USC § 2000 et seq.) (eeoc.gov/laws/statutes/titlevii.cfm) incorporated by reference,which provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under any program or activity receiving federal financial assistance; b) Section 504 of the Rehabilitation Act of 1973, as amended (29 USC § 701 et seq.) (uscode.house.gov/view.xhtml?path=/prelim(a,title29/chapter16/node332&edition=preli m), incorporated by reference,which prohibits discrimination on the basis of disability in federally-assisted programs; c) Title IX of the Education Amendments of 1972, as amended (20 USC§§ 1681-83, 1685- 86), (uscode.house.gov/view.xhtml?path=/prelimAtitle20/chapter38&edition=prelim) incorporated by reference, which prohibits discrimination on the basis of sex in education programs and activities receiving federal financial assistance; and d) The Age Discrimination in Employment Act of 1975, as amended(42 USC§ 6101 et seq.), (uscode.house.gov/view.xhtml?path=/prelim(a,,title42/chapter76&edition=prelim) incorporated by reference, which prohibits discrimination on the basis of age in federally- assisted programs. The Subgrantee shall insert a list of similar provisions in all subcontracts for services required by this agreement. 32. Copyright and License. When publications, films or similar materials are developed, directly or indirectly, from a program,project or activity supported with grant funds, Subgrantee(and any of its subcontractors, if applicable) shall grant the Department of State an irrevocable, royalty-free, non-transferable, non-exclusive right and license to reproduce or otherwise use,to make derivative works from, and to display and distribute any copyrighted material developed under this Agreement for any state governmental purpose. The Subgrantee also grants the federal awarding agency a royalty-free,nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes: LSTA Grant Agreement(Form DLIS/LSTAOI),Effective 04-2018 Page 9 of 20 Chapter 1B-2 011(2Xd),Florida Administrative Code 1604 a) The copyright in any work developed under a grant, subgrant or contract under a grant or subgrant; and b) Any rights of copyright to which the grantee, subgrantee or a contractor purchases ownership with grant support. The Subgrantee shall include the foregoing paragraph in all of its subcontracts. 33. Independent Contractor Status of Subgrantee. The Subgrantee, if not a state agency, agrees that its officers, agents and employees, in performance of this Agreement, shall act in the capacity of independent contractors and not as officers, agents or employees of the state. The Subgrantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment by the State of Florida. 34. Subgrantee's Subcontractors. The Subgrantee shall be responsible for all work performed and all expenses incurred in connection with this Agreement. The Subgrantee may subcontract, as necessary,to perform the services and to provide commodities required by this Agreement. The Division shall not be liable to any subcontractor(s) for any expenses or liabilities incurred under the Subgrantee's subcontract(s), and the Subgrantee shall be solely liable to its subcontractor(s)for all expenses and liabilities incurred under its subcontract(s). The Subgrantee must take the necessary steps to ensure that each of its subcontractors will be deemed to be independent contractors and will not be considered or permitted to be agents, servants,joint venturers or partners of the Division. 35. Liability. The Division will not assume any liability for the acts, omissions to act or negligence of the Subgrantee, its agents, servants or employees; nor may the Subgrantee exclude liability for its own acts, omissions to act or negligence to the Division. a) The Subgrantee shall be responsible for claims of any nature, including but not limited to injury, death and property damage arising out of activities related to this Agreement by the Subgrantee, its agents, servants, employees and subcontractors. The Subgrantee shall indemnify and hold the Division harmless from any and all claims of any nature and shall investigate all such claims at its own expense. If the Subgrantee is governed by Section 768.28,Florida Statutes, it shall only be obligated in accordance with this Section. b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign immunity or increases the limits of its liability by entering into this Agreement. c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or cost of collection related to this Agreement. d) The Subgrantee shall be responsible for all work performed and all expenses incurred in connection with the project. The Subgrantee may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities, provided that such subcontract has been approved in writing LSTA Grant Agreement(Form DLIS/LSTA01),Effective 04-2018 Page 10 of 20 Chapter IB-2.011(2Xd),Florida Administrative Code 1604 by the Department prior to its execution and provided that it is understood by the Subgrantee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Subgrantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 36. Strict Compliance with Laws. The Subgrantee shall perform all acts required by this Agreement in strict conformity with all applicable laws and regulations of the local, state and federal law. For consequences of noncompliance, see Section 24,Noncompliance. 37. Breach of Agreement. The Division will demand the return of grant funds already received, will withhold subsequent payments and/or will terminate this agreement if the Subgrantee improperly expends and manages grant funds; fails to prepare, preserve or surrender records required by this Agreement; or otherwise violates this Agreement. 38. Termination of Agreement. The Division will terminate or end this Agreement if the Subgrantee fails to fulfill its obligations herein. In such event, the Division will provide the Subgrantee a notice of its violation by letter and shall give the Subgrantee fifteen (15) calendar days from the date of receipt to cure its violation. If the violation is not cured within the stated period,the Division will terminate this Agreement. The notice of violation letter shall be delivered to the Subgrantee's Contract Manager, personally, or mailed to his/her specified address by a method that provides proof of receipt. In the event that the Division terminates this Agreement,the Subgrantee will be compensated for any work completed in accordance with this Agreement prior to the notification of termination if the Division deems this reasonable under the circumstances. Grant funds previously advanced and not expended on work completed in accordance with this Agreement shall be returned to the Division,with interest,within thirty(30)days after termination of this Agreement. The Division does not waive any of its rights to additional damages if grant funds are returned under this Section. 39. Preservation of Remedies.No delay or omission to exercise any right, power or remedy accruing to either party upon breach or violation by either party under this Agreement shall impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default or any similar breach or default. 40. Non-Assignment of Agreement. The Subgrantee may not assign, sublicense or otherwise transfer its rights, duties or obligations under this Agreement without the prior written consent of the Division,which shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the project. If the Division approves a transfer of the Subgrantee's obligations,the Subgrantee shall remain liable for all work performed and all expenses incurred in connection with this Agreement. In the event the Legislature transfers the rights, duties and obligations of the Division to another governmental entity, pursuant to Section 20.06,Florida Statutes or otherwise,the rights, duties and obligations under this Agreement shall be transferred to the succeeding governmental agency as if it was the original party to this Agreement. LSTA Grant Agreement(Form DLIS/LSTA01),Effective 04-2018 Page 11 of 20 Chapter 1B-2.011(2Xd),Florida Administrative Code 1604 41. Required Procurement Procedures for Obtaining Goods and Services. The Subgrantee shall provide maximum open competition when procuring goods and services related to the grant-assisted project in accordance with Section 287.057, Florida Statutes. a) Procurement of Goods and Services Not Exceeding$35,000. The Subgrantee must use the applicable procurement method described below: 1. Purchases Up to $2,500: Procurement of goods and services where individual purchases do not exceed $2,500 do not require competition and may be conducted at the Subgrantee's discretion. 2. Purchases or Contract Amounts Between$2,500 and $35,000: Goods and services costing between $2,500 and$35,000 require informal competition and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document. b) Procurement of Goods and Services Exceeding$35,000. Goods and services costing over$35,000 may be procured by either Formal Invitation to Bid,Request for Proposals or Invitation to Negotiate and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document. 42. Conflicts of Interest.The Subgrantee hereby certifies that it is cognizant of the prohibition of conflicts of interest described in Sections 112.311 through 112.326,Florida Statutes and affirms that it will not enter into or maintain a business or other relationship with any employee of the Department of State that would violate those provisions. The Subgrantee further agrees to seek authorization from the General Counsel for the Department of State prior to entering into any business or other relationship with a Department of State Employee to avoid a potential violation of those statutes. 43. Binding of Successors. This Agreement shall bind the successors, assigns and legal representatives of the Subgrantee and of any legal entity that succeeds to the obligations of the Division of Library and Information Services. 44. Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Subgrantee is considered a violation of Section 274A (a)of the Immigration and Nationality Act(8 USC 1324(a)), incorporated by reference. If the Subgrantee knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 45. Severability. If any term or provision of the Agreement is found to be illegal and unenforceable,the remainder will remain in full force and effect, and such term or provision shall be deemed stricken. 46.Americans with Disabilities Act.All programs and facilities related to this Agreement must meet the standards of Sections 553.501 through 553.513,Florida Statutes and the Americans with Disabilities Act of 1990 (ada.gov), incorporated by reference. LSTA Grant Agreement(Form DLIS/LSTA01),Effective 04-2018 Page 12 of 20 Chapter 1B-2.011(2Xd),Florida Administrative Code 1604 47. Governing Law. This Agreement shall be construed, performed and enforced in all respects in accordance with the laws and rules of Florida. Venue or location for any legal action arising under this Agreement will be in Leon County, Florida. 48. Entire Agreement. The entire Agreement of the parties consists of the following documents: a) This Agreement; b) Project Description (Attachment A); c) Estimated Project Budget (Attachment B); and d) Florida Single Audit Act Requirements (Attachment C). In acknowledgment of Project Number 18-LSTA-D-07, provided for from funds appropriated in the FY 2018-19 General Appropriation Act in the amount of$2,875.12, the Subgrantee hereby certifies that they have read this entire Agreement and will comply with all of its requirements. Subgrantee: Department of State: Board of Coun ommissioners, Collier Cowl!, or, t.a By: WI .7 IAM L. McDANIEL, JR., Chairman Typed name and title ATTEST: Crysta K. Kinzel,Cl r:00 Date By. uty Clerk.ar .tt st as to Chairman's i r^ ure only. • Witness Approved as t.,for a e li Jeffrey A.Klatz ow, unty Attorney Date 4\43\ Date LSTA Grant Agreement(Form DLIS/LSTA01),Effective 04-2018 Page 13 of 20 Chapter 1B-2 01 1(2)(d),Florida Administrative Code 1614 Project Number: 18-LSTA-D-07 ATTACHMENT A Project Description (The project description below was extracted from the original application submitted in October 2018.) The library will purchase tangible item(s)that will support innovation in libraries by expanding services for leaning and access to information and educational resources for individuals of all ages. This may include, but not be limited to,the areas of STEM(Science, Technology, Engineering and Mathematics), STEAM(Science, Technology, Engineering, Art and Mathematics)or STREAM (Science, Technology,Reading, Engineering,Arts and Mathematics) programs. The library will purchase items to be used in a"Life Skills Bootcamp for Teens"program that will introduce basic life skills in an informative yet fun fashion in a series of classes that focus on easy and inexpensive cooking, simple sewing and crafting and a series of"life hacks"for navigating adulthood such as etiquette, entertaining, budgeting and home care. LSTA Grant Agreement(Form DLIS/LSTA01),Effective 04-2018 Page 14 of 20 Chapter 1B-2.011(2Xd),Florida Administrative Code 1604 Project Number: 18-LSTA-D-07 ATTACHMENT B Estimated Project Budget LSTA Innovation Grant Budget Library Materials Specify LSTA Request Total Library Materials $0 Supplies Specify LSTA Request $0 $0 Equipment Specify LSTA Request Total Equipment $0 Other Specify LSTA Request Sewing Machines/Sewing supplies $1,330.00 Cricuts,craft supplies and crockpots $1,545.12 Total Other $2,875.12 Total Funding Request $2,875.12 LSTA Grant Agreement(Form DLIS/LSTA01),Effective 04-2018 Page 15 of 20 Chapter IB-2.011(2)(d),Florida Administrative Code 1604 ATTACHMENT C FEDERAL AND STATE OF FLORIDA SINGLE AUDIT ACT REQUIREMENTS AUDIT REQUIREMENTS The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or monitoring by the Department of State as described in this Addendum to the Grant Award Agreement. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR 200.501 Section 215.97,Florida Statutes, monitoring procedures may include, but not be limited to, on-site visits by Department of State staff, limited scope audits as defined by 2 CFR 2 §200.425, and/or other procedures. By entering into this agreement,the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of State. In the event the Department of State determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by the Department of State staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR 200.90, 200.64&200.70 as revised. i. In the event that the recipient expends $750,000 for fiscal years ending after December 31, 2014 or more during the non-Federal entity's fiscal year in Federal awards in its fiscal year,the recipient must have a single or program-specific audit conducted in accordance with the provisions of 2CFR 200.501. Exhibit 1 to this agreement indicates Federal resources awarded through the Department of State. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR 200.502. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR 200.514, as revised,will meet the requirement of this part. ii. In connection with the audit requirements addressed in Part I,paragraph 1,the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508. LSTA Grant Agreement(Form DLIS/LSTAO 1),Effective 04-2018 Page 16 of 20 Chapter IB-2.011(2Xd),Florida Administrative Code 1604 iii. If the recipient expends less than $750,000 for fiscal years ending after December 31, 2014 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of 2 CFR 200.501 is not required. In the event that the recipient expends less than $750,000 for fiscal years ending after December 31, 2014 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200.501,the cost of the audit must be paid from non-Federal resources(i.e.,the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). (d)Exemption when Federal awards expended are less than$750,000.A non-Federal entity that expends less than $750,000 during the non- Federal entity's fiscal year in Federal awards is exempt from Federal audit requirements for that year, except as noted in 2 CFR §200.503 Relation to other audit requirements, but records must be available for review or audit by appropriate officials of the Federal agency, pass-through entity, and Government Accountability Office(GAO). The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. Ij U.S. Government Printing Office www.ecfr.gov PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2) (1), Florida Statutes 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of$750,000 in any fiscal year of such recipient(for fiscal years ending after June 30, 2016),the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Department of State by this agreement. In determining the state financial assistance expended in its fiscal year,the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1,the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General. LSTA Grant Agreement(Form DLIS/LSTA01),Effective 04-2018 Page 17 of 20 Chapter 1B-2.011(2Xd),Florida Administrative Code 1604 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year(for fiscal years ending after June 30, 2016), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year ending after June 30, 2016 and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes,the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. State of Florida Department Financial Services(Chief Financial Officer) http://www.fldfs.com/ State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act) http://www.leg.state.fl.us/ PART III: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department of State at each of the following addresses: Office of Inspector General Florida Department of State R.A. Gray Building, Room 114A 500 South Bronough St. Tallahassee, FL 32399-0250 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised(the number of copies required by Sections .320 (d)(1) and(2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e)and (f), OMB Circular A-133, as revised. 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: LSTA Grant Agreement(Form DLIS/LSTA01),Effective 04-2018 Page 18 of 20 Chapter 1B-2 011(2Xd),Florida Administrative Code 1604 A. The Department of State at each of the following addresses: Office of Inspector General Florida Department of State R. A. Gray Building, Room 114A 500 South Bronough St. Tallahassee, FL 32399-0250 B. The Auditor General's Office at the following address: Auditor General's Office Room 401,Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 3. Any reports,management letter, or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 4. Recipients, when submitting financial reporting packages to the Department of State for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department of State, or its designee, CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of State, or its designee, CFO, or Auditor General upon request for a period of at least three years from the date the audit report is issued, unless extended in writing by the Department of State. LSTA Grant Agreement(Form DLIS/LSTA01),Effective 04-2018 Page 19 of 20 Chapter 1B-2.011(2Xd),Florida Administrative Code 1604 EXHIBIT—1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Florida Department of State, Library Services and Technology Act Grant, CFDA Number 45.310. Award amount: $2,875.12 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Code of Federal Regulations, Title 2 Grants and Agreements, Revised January 1, 2014 (2 CFR 2) STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: If a project requests less than $10,000 ($0-$9,999) in grant funds, no matching funds are required. All other projects must provide local matching funds that equal a minimum of one- third(1/3)of the amount of federal funds requested or awarded. A library in a county or community with rural status may request a waiver of the match requirements at the time of the grant application in compliance with Section 288.06561, Florida Statutes. Statewide projects coordinated by the Division may have the matching requirement waived. Local matching funds may be in-kind or cash contributions. Expenditure of funds by partners on project-related activities may be used as match. The expenditures must be documented and reported. Local matching funds may not be used on more than one project. Matching funds must be related specifically to the project. Matching fund expenditures may only be made during the project period. Funds expended before or after the project period may not be used as match. The following may not be used as match for grants: Other federal grant funds,volunteer time. SUBJECT TO SECTION 215.97,FLORIDA STATUTES: Not applicable COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not applicable LSTA Grant Agreement(Form DLIS/LSTA01),Effective 04-2018 Page 20 of 20 Chapter 1B-2 011(2Xd),Florida Administrative Code 16D4 Teresa L. Cannon From: WilliamsTanya <Tanya.Williams@colliercountyfl.gov> Sent: Monday, April 29, 2019 9:14 AM To: Teresa L. Cannon Subject: RE: Item #16D4 from 4/23/19 Attachments: 18-LSTA-D-07 Collier County Public Library Executed Agreement.pdf Good morning Teresa, Attached is a scanned copy of the fully executed LSTA grant agreement from the State Library. Should you have any questions,just let me know. Wishing you a great week! Thank you, TRvLJc Tanya R. Williams, MLIS, CPM Director ofer bounty Library Division Exceeding Expectations Everyday! NOTE: Email Address Has Changed 2385 Orange Blossom Drive, Naples, FL 34109 Phone:239.593-3511 Cell:239.571.4302 Fax: 239.254.8167 From:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Sent: Wednesday, April 24, 2019 4:17 PM To: WilliamsTanya <Tanya.Williams@colliercountyfl.gov> Subject: Item #16D4 from 4/23/19 Hi Tanya, I have this agreement ready for pick up. Once you receive an executed original/copy back from the State, can you email or forward a copy to me for the Board's records. Thank you. 1604 PROJECT NUMBER 18-LSTA-D-07 LIBRARY SERVICES AND TECHNOLOGY ACT 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 "Subgrantee." The Subgrantee has met all eligibility requirements and has been awarded a Library Services and Technology Act Grant(CFDA 45.310)by the Division:grant number 18-LSTA-D-07 for the project"Innovation Grant"in the amount of$2,875.12. Federal funds are provided through the Library Services and Technology Act under Florida's long-range plan approved by the Institute of Museum and Library Services. State of Florida authority for this grant has been appropriated in the FY 2018-2019 General Appropriations Act on line 3109. The Division,as administrator of federal funds in accordance with Section 257.12,Florida Statutes, has the authority to administer this grant. By reference,the application and any approved revisions are hereby made a part of this agreement. In consideration of the mutual covenants and promises contained herein,the parties agree as follows: 1. Grant Purpose.This grant shall be used exclusively for the"Innovation Grant,"the public purpose for which these funds were awarded: a) The Subgrantee shall perform the following Scope of Work: Purchase tangible item(s)that will support innovation in libraries. This may include the areas of STEM (Science,Technology, Engineering and Mathematics), STEAM (Science,Technology,Engineering,Art and Mathematics)or STREAM(Science, Technology,Reading,Engineering,Arts and Mathematics)programs. All tasks associated with this project,as outlined in the Project Description(see Attachment A),will be performed by September 30,2019. b) The Subgrantee agrees to provide the following Deliverable related to the Scope of Work for payment to be awarded. LS TA Grant Agreement(Form DL1S/LSTAOI),Effective 04-2018 Page 1 of 20 Chapter 1B-2.011(2Xd),Florida Administrative Code 16Q4 Payment 1: 1. The payment will be a fixed price in the amount of 100%of the grant award. Collier County Public Library will have purchased the items as described in the Project Description(Attachment A)and the Project Budget(Attachment B)to support innovation in the library. To document evidence of completion of the deliverable Collier County Public Library will provide invoices for the items purchased. c) The Subgrantee has provided an Estimated Project Budget(which is incorporated as part of this Agreement and titled Attachment B).All expenditures for this agreement shall be in accordance with this budget. 2. Length of Agreement.This Agreement shall begin on December 19,2018 and shall end September 30,2019 unless terminated in accordance with the provisions of Section 38 of this Agreement.Contract extensions will not be granted unless Grantee is able to provide substantial written justification and the Division approves such extension.The Grantee's written request for such extension must be submitted to the Division no later than 30 days prior to the termination date of this Agreement. 3. Expenditure of Grant and Matching Funds. The Subgrantee shall only obligate or expend grant or matching funds during the length of the agreement.No costs incurred after the ending date of the Agreement or other termination of the Agreement shall be allowed unless specifically authorized by the Division. 4. Contract Administration.The parties are legally bound by the requirements of this agreement. Each party's contract manager, named below,will be responsible for monitoring its performance under this Agreement and will be the official contact for each party.Any notice(s)or other communications in regard to this agreement shall be directed to or delivered to the other party's contract manager by utilizing the information below.Any change in the contact information below should be submitted in writing to the contract manager within 10 days of the change. For the Division of Library and Information Services: David Beach,Library Program Specialist Florida Department of State R.A. Gray Building Mail Station#9D 500 South Bronough Street Tallahassee, Florida 32399-0250 Phone: 850.245.6630 Facsimile: 850.245.6643 Email:david.beach@dos.myflorida.com LSTA Grant Agreement(Form DLIS/LSTAOI),Effective 04-2018 Page 2 of 20 Chapter 1B-2 011(2Xd),Florida Administrative Code 1604 For the Subgrantee: Kim Spina,Project Manager Collier County Public Library 2385 Orange Blossom Drive Naples,Florida 34109-8840 Phone:239.593.3511 Facsimile:239.254.8167 Email:kim.spina@colliercountyfl.gov 5. Grant Payments.All grant payments are requested by submitting a Payment Request. Payment Requests and supporting documentation must be submitted on the DOS Grants System at dosgrants.com. The total grant award shall not exceed$2,875.12 which shall be paid by the Division in consideration for the Subgrantee's minimum performance as set forth by the terms and conditions of this Agreement.The grant payment schedule is outlined below: a) The payment will be 100%of the grant award. Payment will be made in accordance with the completion of the Deliverable. 6. Electronic Payments. The Subgrantee can choose to use electronic funds transfer(EFT)to receive grant payments.All Subgrantees wishing to receive their award through EFT must submit a Vendor Direct Deposit Authorization form(form number DFS-AI-26E rev 6/2014), 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 mfloridacfo.com/Division/AA/Forms/DFS-A1-26E.pdf. The form also includes tools and information that allow you to check on payments. 7. Florida Substitute Form W-9.A completed Substitute Form W-9 is required from any entity that receives a payment from the State of Florida that may be subject to 1099 reporting.The Department of Financial Services(DFS)must have the correct Taxpayer Identification Number(TIN)and other related information in order to report accurate tax information to the Internal Revenue Service(IRS).To register or access a Florida Substitute Form W-9 visit flvendor.mmfloridacfo.com. A copy of the Subgrantee's Florida Substitute Form W-9 must be submitted with the executed Agreement. 8. Changes to Project.Should the Subgrantee wish to make changes to the outcomes, Scope of Work,equipment to be purchased,key personnel,expenditures or deliverables,the Subgrantee must request permission to revise the project. This is done by submitting a Change Request. Changes within a budget category that are more than ten percent(10%)of the award or that move funds from one budget category to another require submission of a Change Request.Approval must be obtained from the Division before the changes are implemented in the project. Approval will be granted for changes that are consistent with the intent of the approved application or prior Change Requests. Changes to the project must be requested using the Change Request in the DOS Grants System at dosaants.com. LSTA Grant Agreement(Form DLIS/LSTA01),Effective 042015 Page 3 of 20 Chapter 1B-2.01 I(2Xd),Florida Administrative Code 1604 9. Amendment to Contract. Either party may request modification of the provisions of this Agreement by filing a Change Request with the Division.The Change Request must be submitted using the DOS Grants System at dosurants.com.Changes that are agreed upon shall be valid only when amended in writing, signed by each of the parties and attached to the original of this Agreement. If changes are implemented without the Division's written approval,the organization is subject to noncompliance,the grant award is subject to partial or complete refund to the State of Florida and this agreement is subject to termination. 10.Financial Consequences.The Department shall apply the following financial consequences for failure to perform the minimum level of services required by this Agreement in accordance with Sections 215.971 and 287.058,Florida Statutes: a) The full amount of the payment will be withheld if Deliverable is not satisfactorily completed. 11.Grant Reporting Requirements.The Subgrantee must submit a Mid-Year Report on or by January 30, 2019. The Mid-Year report must be submitted using the DOS Grants System at dos_rants.com.At the completion of the project,the Subgrantee must submit a Final Report on or by November 1,2019. The Final Report must be submitted using the DOS Grants System at dosvrants.com. 12.Matching Funds.If a project is awarded less than$10,000($0-$9,999) in grant funds or is a statewide project administered by a local organization as part of a Division statewide program,no matching funds are required.All other projects must provide local matching • funds that equal a minimum of one-third(1/3)of the amount of federal grant funds awarded. Upon request,the Division will waive the financial matching requirements on grants for libraries located in counties or communities with rural status in compliance with Sections 288.0656 and 288.06561,Florida Statutes. In addition,the following are not allowed as matching expenditures: • Other federal grant funds. • Volunteer time. 13.Grant Completion Deadline.The grant completion deadline is September 30,2019.The Grant Completion Deadline is the date by which all grant and matching funds have been expended in accordance with the work described in the Scope of Work as detailed in the Estimated Project Budget 14.Acknowledgement of Grant Funding. Both the Institute of Museum and Library Services(IMLS)and the Division require public acknowledgement of Library Services and Technology Act(LSTA) grant funding for activities and publications supported by grant funds.Any announcements, information,press releases,publications,brochures, videos,webpages, programs,etc. created as part of an LSTA project must include an acknowledgment that LSTA funds were used to create them. Use the following text: LSTA Grant Agreement(Form DLIS/LSTA01),Elective 04-2018 Page 4 of 20 Chapter 111-2 011(2)(d),Florida Administrative Code 1604 "This project was funded under the provisions of the Library Services and Technology Act from the Institute of Museum and Library Services. Florida's LSTA program is administered by the Department of State's Division of Library and Information Services." 15. Non-allowable Grant Expenditures.The Subgrantee agrees to expend all grant funds received under this agreement solely for the purposes for which they were authorized and appropriated.Expenditures shall be in compliance with the state and federal guidelines for allowable project costs. State guidelines for allowable costs are outlined in the Department of Financial Services' Reference Guide for State Expenditures(dated February 2011), incorporated by reference,which are available online at m\floridacfo.com/aadir/reference <uuide.Federal guidelines for allowable costs can be found at uvo.uov/fds'/pku;'CFR-2014-title2-voll/pdf/CFR-2014-title2-voll-part200- subpartE.pdf in 2 CFR Part 200, Subpart E—Cost Principles,incorporated by reference. In addition,the following are not allowed as grant expenditures: 1. Construction. Funds may not be used to build,remodel or expand library facilities. However,they may be used to retrofit a building to accommodate technologies(e.g., wiring). 2. Audits. If the Subgrantee's governing entity has received less than $750,000 in federal funds,LSTA funds may not be used to cover audit costs. 3. Food.Although food may be served at a program being paid for with grant funds,the food may not be purchased with grant or matching funds. 16.Travel Expenses.The Subgrantee must pay any travel expenses,from grant or local matching funds,in accordance to the provisions of Section 112.061,Florida Statutes. 17.Equipment Purchased With Grant Funding. Before the Subgrantee can purchase any equipment with a purchase price of more than$5,000(per item),the Division must request approval from the Institute of Museum and Library Services. The Subgrantee will be notified once the approval has been obtained. 18.Unobligated and Unearned Funds and Allowable Costs. In accordance with Section 215.971,Florida Statutes,the Subgrantee shall refund to the State of Florida any balance of unobligated funds which has been advanced or paid to the Subgrantee. In addition, funds paid in excess of the amount to which the Subgrantee is entitled under the terms and conditions of the agreement must be refunded to the state agency.Further,the Subgrantee may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. Expenditures of state and federal financial assistance must be in compliance with the laws,rules and regulations applicable to expenditures of funds. For state funds,guidelines for allowable costs are outlined in the Department of Financial Services' Reference Guide for State Expenditures(dated February 2011)(m\floridacfo.com/aadir/reference uuide i. incorporated b'. reference.For federal funds, guidelines for allowable costs can be found in 2 CFR 2 Subpart E—Cost Principles. LSTA Grant Agreement(Form DLIS/LSTAO I),Effective 04-2018 Page 5 of 20 Chapter 10-2.011(2Xd),Florida Administrative Code 1604 19.Repayment.MI refunds or repayments to be made to the Department under this agreement are to be made payable to the order of"Department of State"and mailed directly to the following address: Florida Department of State,Attention: David Beach, Division of Library and Information Services, 500 South Bronough Street, Mail Station #9D,Tallahassee,FL 32399. In accordance with Section 215.34(2),Florida Statutes, if a check or other draft is returned to the Department for collection, Subgrantee shall pay to the Department a service fee of$15.00 or five percent(5%)of the face amount of the returned check or draft,whichever is greater. 20.Single Audit Act. Each Subgrantee, other than a Subgrantee that is a state agency,shall submit to an audit pursuant to the federal Single Audit Act,2 Code of Federal Regulations Part 200, Subpart F—Audit Requirements r oo.Lov/fds\s/okJCFR-2014-title2- voll/pdf/CFR-2014-title2-voll-Part200.pdf), incorporated by reference. See Attachment C for additional information regarding this requirement. If a Subgrantee is not required by law to conduct an audit in accordance with the Florida Single Audit Act because it did not expend at least$750,000 in state financial assistance, it must submit a Financial Report on its operations pursuant to Section 218.39,Florida Statutes within nine months of the close of its fiscal year. 21.Retention of Accounting Records. Financial records, supporting documents, statistical records and all other records, including electronic storage media pertinent to the Project, shall be retained through June 30,2029. If any litigation or audit is initiated or claim made,the records shall be retained until June 30,2029 or five fiscal years after the litigation,audit or claim has been completed and all issues arising from it have been resolved, whichever is later. 22.Obligation to Provide State Access to Grant Records. The Subgrantee must make all grant records of expenditures,copies of reports,books,and related documentation available to the Division or a duly authorized representative of the State of Florida for inspection at reasonable times for the purpose of making audits,examinations,excerpts and transcripts. 23. Obligation to Provide Public Access to Grant Records.The Division reserves the right to unilaterally cancel this Agreement in the event that the Subgrantee refuses public access to all documents or other materials made or received by the Subgrantee that are subject to the provisions of Chapter 119,Florida Statutes,known as the Florida Public Records Act. The Subgrantee must immediately contact the Division's Contract Manager for assistance if it receives a public records request related to this Agreement. 24.Noncompliance.Any Subgrantee that is not following Florida statutes or rules,the terms of the grant agreement, Florida Department of State policies and guidance, local policies,or other applicable law or that has not submitted required reports or satisfied other administrative requirements for other Division of Library and Information Services grants or grants from any other Office of Cultural,Historical,and Information Programs(OCHIP) Division will be in noncompliance status and subject to the OCHIP Grants Compliance Procedure. OCHIP Divisions include the Division of Cultural Affairs,the Division of Historical Resources and the Division of Library and Information Services. Grant compliance LSTA Grant Agreement(Form DLIS/LSTA01),Effective 04-2018 Page 6 of 20 Chapter 1B-2.0l1(2Xd),Florida Administrative Code 1604 issues must be resolved before a grant award agreement may be executed and before grant payments for any OCHIP grant may be released. 25.Accounting Requirements. The Subgrantee must maintain an accounting system that provides a complete record of the use of all grant funds as follows: a) The accounting system must be able to specifically identify and provide audit trails that trace the receipt, maintenance and expenditure of state funds; b) Accounting records must adequately identify the sources and application of funds for all grant activities and must classify and identify grant funds by using the same budget categories that were approved in the grant application. If Subgrantee's accounting system accumulates data in a different format than the one in the grant application, subsidiary records must document and reconcile the amounts shown in the Subgrantee's accounting records to those amounts reported to the Division; c) An interest-bearing checking account or accounts in a state or federally chartered institution may be used for revenues and expenses described in the Scope of Work and detailed in the Estimated Project Budget; d) The name of the account(s)must include the grant award number; e) The Subgrantee's accounting records must have effective control over and accountability for all funds,property and other assets;and f) Accounting records must be supported by source documentation and be in sufficient detail to allow for a proper pre-audit and post-audit(such as invoices,bills and canceled checks). 26.Availability of Grant Funds.The State of Florida's performance and obligation to pay grant funds under any Agreement are contingent upon an annual appropriation by the Florida Legislature and upon an annual appropriation of the U.S. Congress. In the event that the state or federal funds upon which this Agreement is dependent are withdrawn,this Agreement will be automatically terminated and the Division shall have no further liability to the Subgrantee beyond those amounts already expended prior to the termination date. Such termination will not affect the responsibility of the Subgrantee under this Agreement as to those funds previously distributed. In the event of a state revenue shortfall,the total grant may be reduced accordingly. 27. Excluded or Disqualified.The Subgrantee certifies that to the best of the Subgrantee's knowledge and belief the Subgrantee and its principals: a) Are not presently excluded or disqualified(debarment,suspension and other responsibility matters); LSTA Grant Agreement(Form DLIS/LSTAOI),Effective 04-2018 Page 7 of 20 Chapter 1B-2.011(2Xd),Florida Administrative Code 16Ei4 b) Have not been convicted within the preceding three years of any of the offenses listed in 45 CFR 1185.800(a),(2.po.cov/fds‘s/pk2/CFR-2005-title45-vol3/pdf/CFR-2005-title45- vol3-partl 185-subpartH.pdf incorporated by reference,or had a civil judgment rendered against them for one of those offenses within that time period; c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(federal,state or local)with commission of any of the offenses listed in 45 CFR 1185.800(a)(rupo.,_ov/fdss/pkl! CFR-2005-title45-vol3/pdf/CFR-2005- title45-vola-part1185-subpartH.pdf),incorporated by reference; and d) Have not had one or more public transactions(federal, state or local)terminated within the preceding three years for cause or default. e) Will comply with 45 CFR Part 1185 Subpart C(Responsibilities of Participants Regarding Transactions)(Itpo.gov/fdsv s/pks/CFR-2005-title45-vol3/pdf/CFR-2005- title45-vol3-part1185-subpartC.pdt),incorporated by reference, and will require similar compliance with Subpart C by persons at the next lower tier with whom the primary tier participant enters into covered transactions. 28.Drug-Free Workplace.The Subgrantee will provide or continue to provide a drug-free workplace by complying with the requirements in 45 CFR, Subtitle A, Subchapter A,Part 76, Subpart F,Drug Free Workplace Requirements(Grants)(gpo.gov/fdsys/pkg/CFR-1999- title45-voll/pdf/CFR-1999-title45-voll-part76-subpartF.pdf),incorporated by reference. This includes making a good faith effort,on a continuing basis,to maintain a drug-free workplace;publishing a drug-free workplace statement; establishing a drug-free awareness program for employees;taking actions concerning employees who are convicted of violating drug statutes in the workplace; and identifying(either with this application,upon award,or in documents kept on file in the Subgrantee's office)all known workplaces under the award. 29.Lobbying.The Subgrantee will not use any grant funds for lobbying the state legislature,the state judicial branch or any state agency.The Subgrantee will not use any grant funds for lobbying an officer or employee of any federal agency,Member of Congress,officer or employee of Congress,or an employee of a Member of Congress in connection with any of the following federal actions: a) The awarding of any federal contract. b) The making of any federal grant. c) The making of any federal loan. d) The entering into of any cooperative agreement. e) The extension,continuation,renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. 30.Delinquent in Repayment of Federal Debt. The Subgrantee certifies that,to the best of the Subgrantee's knowledge and belief,the Subgrantee is not delinquent in the repayment of any federal debt. LSTA Grant Agreement(Form DLIS/LSTAO I),Effective 04-2018 Page 8 of 20 Chapter 18-2.011(2Xd),Florida Administrative Code 1604 31.Nondiscrimination.As required by the Civil Rights Act of 1964, (eeoc. ov/laws/statutes/titlevii.cfm 1 incorporated by reference,the Rehabilitation Act of 1973 (uscode.house..gov/view.xhtml?hath=/prelim a title29/chapterl6/node332&edition=prelim), incorporated by reference,the Education Amendments of 1972 (uscode.house.=ov/view.xhtml?path=/prelim a title20/chapter38&edition=prelim), incorporated by reference,and the Age Discrimination in Employment Act of 1975, as implemented by 45 CFR Part 1180.44 tuscode.house•,,,ov/view.xhtml?path=/prelim a title42/chapter76&edition=prelim), incorporated by reference,the Subgrantee certifies that the Subgrantee will comply with the following nondiscrimination statutes and their implementing regulations: a) Title VII of the Civil Rights Act of 1964,as amended(42 USC§2000 et seq.) leeoc.14ov/laws/statutes/titlevii.cfm l incorporated by reference,which provides that no person in the United States shall,on the grounds of race,color,or national origin, be excluded from participation in, be denied the benefits of,or otherwise be subject to discrimination under any program or activity receiving federal financial assistance; b) Section 504 of the Rehabilitation Act of 1973,as amended (29 USC§ 701 et seq.) uscode.house.eov/view.xhtml?path=/prelim a title29/chapterl6/node332&edition=preli n), incorporated by reference,which prohibits discrimination on the basis of disability in federally-assisted programs; c) Title IX of the Education Amendments of 1972,as amended(20 USC§§ 1681-83, 1685- 86), (uscode.house.gov/view.xhtml?path=/prelim a title20/chapter38&edition=prelim) incorporated by reference,which prohibits discrimination on the basis of sex in education programs and activities receiving federal financial assistance;and d) The Age Discrimination in Employment Act of 1975,as amended (42 USC§6101 et seq.), (uscode.house.uov/view.xhtrl?path=/prelim a title42/chauter76&edition=prelim) incorporated by reference,which prohibits discrimination on the basis of age in federally- assisted programs. The Subgrantee shall insert a list of similar provisions in all subcontracts for services required by this agreement. 32.Copyright and License. When publications,films or similar materials are developed, directly or indirectly,from a program,project or activity supported with grant funds, Subgrantee(and any of its subcontractors, if applicable)shall grant the Department of State an irrevocable,royalty-free,non-transferable, non-exclusive right and license to reproduce or otherwise use,to make derivative works from,and to display and distribute any copyrighted material developed under this Agreement for any state governmental purpose. The Subgrantee also grants the federal awarding agency a royalty-free,nonexclusive and irrevocable license to reproduce,publish or otherwise use,and to authorize others to use,for federal government purposes: LSTA Grant Agreement(Form DLJS/LSTAO I),Effective 04-2018 Page 9 of 20 Chapter 1 B-2.01 1(2Xd),Florida Administrative Code 16Q4 a) The copyright in any work developed under a grant,subgrant or contract under a grant or subgrant;and b) Any rights of copyright to which the grantee, subgrantee or a contractor purchases ownership with grant support. The Subgrantee shall include the foregoing paragraph in all of its subcontracts. 33.Independent Contractor Status of Subgrantee.The Subgrantee, if not a state agency, agrees that its officers,agents and employees, in performance of this Agreement, shall act in the capacity of independent contractors and not as officers,agents or employees of the state. The Subgrantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment by the State of Florida. 34. Subgrantee's Subcontractors.The Subgrantee shall be responsible for all work performed and all expenses incurred in connection with this Agreement. The Subgrantee may subcontract,as necessary,to perform the services and to provide commodities required by this Agreement.The Division shall not be liable to any subcontractor(s)for any expenses or liabilities incurred under the Subgrantee's subcontract(s),and the Subgrantee shall be solely liable to its subcontractor(s)for all expenses and liabilities incurred under its subcontract(s). The Subgrantee must take the necessary steps to ensure that each of its subcontractors will be deemed to be independent contractors and will not be considered or permitted to be agents, servants,joint venturers or partners of the Division. 35. Liability.The Division will not assume any liability for the acts, omissions to act or negligence of the Subgrantee,its agents,servants or employees; nor may the Subgrantee exclude liability for its own acts,omissions to act or negligence to the Division. a) The Subgrantee shall be responsible for claims of any nature, including but not limited to injury,death and property damage arising out of activities related to this Agreement by the Subgrantee, its agents,servants,employees and subcontractors. The Subgrantee shall indemnify and hold the Division harmless from any and all claims of any nature and shall investigate all such claims at its own expense. If the Subgrantee is governed by Section 768.28,Florida Statutes, it shall only be obligated in accordance with this Section. b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign immunity or increases the limits of its liability by entering into this Agreement. c) The Division shall not be liable for attorney fees, interest, late charges or service fees,or cost of collection related to this Agreement. d) The Subgrantee shall be responsible for all work performed and all expenses incurred in connection with the project.The Subgrantee may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities,provided that such subcontract has been approved in writing LSTA Grant Agreement(Form DLIS/LSTA01),Effective 04-2018 Page I 0 of 20 Chapter 1B-2.011(2Xd),Florida Adminiseative Code 1604 by the Department prior to its execution and provided that it is understood by the Subgrantee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Subgrantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 36.Strict Compliance with Laws.The Subgrantee shall perform all acts required by this Agreement in strict conformity with all applicable laws and regulations of the local, state and federal law. For consequences of noncompliance, see Section 24,Noncompliance. 37.Breach of Agreement.The Division will demand the return of grant funds already received, will withhold subsequent payments and/or will terminate this agreement if the Subgrantee improperly expends and manages grant funds; fails to prepare, preserve or surrender records required by this Agreement;or otherwise violates this Agreement. 38.Termination of Agreement.The Division will terminate or end this Agreement if the Subgrantee fails to fulfill its obligations herein. In such event,the Division will provide the Subgrantee a notice of its violation by letter and shall give the Subgrantee fifteen(15) calendar days from the date of receipt to cure its violation. If the violation is not cured within the stated period,the Division will terminate this Agreement.The notice of violation letter shall be delivered to the Subgrantee's Contract Manager,personally,or mailed to his/her specified address by a method that provides proof of receipt.In the event that the Division terminates this Agreement,the Subgrantee will be compensated for any work completed in accordance with this Agreement prior to the notification of termination if the Division deems this reasonable under the circumstances. Grant funds previously advanced and not expended on work completed in accordance with this Agreement shall be returned to the Division,with interest, within thirty(30)days after termination of this Agreement. The Division does not waive any of its rights to additional damages if grant funds are returned under this Section. 39.Preservation of Remedies.No delay or omission to exercise any right,power or remedy accruing to either party upon breach or violation by either party under this Agreement shall impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default or any similar breach or default. 40.Non-Assignment of Agreement.The Subgrantee may not assign, sublicense or otherwise transfer its rights, duties or obligations under this Agreement without the prior written consent of the Division, which shall not unreasonably be withheld.The agreement transferee must demonstrate compliance with the requirements of the project. If the Division approves a transfer of the Subgrantee's obligations,the Subgrantee shall remain liable for all work performed and all expenses incurred in connection with this Agreement.In the event the Legislature transfers the rights,duties and obligations of the Division to another governmental entity,pursuant to Section 20.06,Florida Statutes or otherwise,the rights, duties and obligations under this Agreement shall be transferred to the succeeding governmental agency as if it was the original party to this Agreement. LSTA Grant Agreement(Form DLIS/LSTA01),Effective 04-2018 Page 11 of 20 Chapter IB•2.011(2Xd),Florida Administrative Code 16D4 41.Required Procurement Procedures for Obtaining Goods and Services.The Subgrantee shall provide maximum open competition when procuring goods and services related to the grant-assisted project in accordance with Section 287.057,Florida Statutes. a) Procurement of Goods and Services Not Exceeding$35,000.The Subgrantee must use the applicable procurement method described below: 1. Purchases Up to$2,500:Procurement of goods and services where individual purchases do not exceed$2,500 do not require competition and may be conducted at the Subgrantee's discretion. 2. Purchases or Contract Amounts Between$2,500 and$35,000:Goods and services costing between$2,500 and$35,000 require informal competition and may be procured by purchase order,acceptance of vendor proposals or other appropriate procurement document. b) Procurement of Goods and Services Exceeding$35,000. Goods and services costing over$35,000 may be procured by either Formal Invitation to Bid,Request for Proposals or Invitation to Negotiate and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document. 42.Conflicts of Interest.The Subgrantee hereby certifies that it is cognizant of the prohibition of conflicts of interest described in Sections 112.311 through 112.326,Florida Statutes and affirms that it will not enter into or maintain a business or other relationship with any employee of the Department of State that would violate those provisions.The Subgrantee further agrees to seek authorization from the General Counsel for the Department of State prior to entering into any business or other relationship with a Department of State Employee to avoid a potential violation of those statutes. 43.Binding of Successors.This Agreement shall bind the successors,assigns and legal representatives of the Subgrantee and of any legal entity that succeeds to the obligations of the Division of Library and Information Services. 44.Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Subgrantee is considered a violation of Section 274A(a)of the Immigration and Nationality Act(8 USC 1324(a)), incorporated by reference. If the Subgrantee knowingly employs unauthorized aliens,such violation shall be cause for unilateral cancellation of this Agreement. 45.Severability.If any term or provision of the Agreement is found to be illegal and unenforceable,the remainder will remain in full force and effect,and such term or provision shall be deemed stricken. 46.Americans with Disabilities Act.All programs and facilities related to this Agreement must meet the standards of Sections 553.501 through 553.513,Florida Statutes and the Americans with Disabilities Act of 1990(ada.gov),incorporated by reference. TSTA Grant Agreement(Form DLIS/LSTA01),Effective 04-2018 Page 12 of 20 Chapter 18-2.01 I(2Xd),Florida Administrative Code 1b D4 47.Governing Law.This Agreement shall be construed,performed and enforced in all respects in accordance with the laws and rules of Florida.Venue or location for any legal action arising under this Agreement will be in Leon County,Florida. 48. Entire Agreement. The entire Agreement of the parties consists of the following documents: a) This Agreement; b) Project Description(Attachment A); c) Estimated Project Budget(Attachment B);and d) Florida Single Audit Act Requirements(Attachment C). In acknowledgment of Project Number 18-LSTA-D-07,provided for from funds appropriated in the FY 2018-19 General Appropriation Act in the amount of$2,875.12,the Subgrantee hereby certifies that they have read this entire Agreement and will comply with all of its requirements. Subgrantee: Department of State: Board of Count 'ommissioners, Collier Coun • t•a _ - L. 4 • �� By: Jo son,Di ,-ctor C• 'nw- By: Division •f Liber and Information Services ...,�— .._r. y WI ! IAM L. McDANIEL,JR., Chairman Department of State,State of Florida A'ZEST: . <- 03fe cU (`1 Cl Crys K.Kinib� • ' Dau t � BY`, • •c..134 as fo Chairman's Olure only. r 1 1441143 Wit Approved as t. o • • e 60,0 G26, ()ROO Jeffrey A.K! ow • Attorney Date Date LSTA Grant Agreement(Form DLIS/LSTA01),Effective 04-2018 Page 13 of 20 Chapter 18-2.011(2Xd),Florida Administrative Code 16 D4 Project Number: 18-LSTA-D-07 ATTACHMENT A Project Description (The project description below was extracted from the original application submitted in October 2018.) The library will purchase tangible item(s)that will support innovation in libraries by expanding services for leaning and access to information and educational resources for individuals of all ages.This may include,but not be limited to,the areas of STEM(Science, Technology, Engineering and Mathematics),STEAM(Science,Technology,Engineering, Art and Mathematics)or STREAM(Science,Technology,Reading,Engineering,Arts and Mathematics)programs. The library will purchase items to be used in a"Life Skills Bootcamp for Teens"program that will introduce basic life skills in an informative yet fun fashion in a series of classes that focus on easy and inexpensive cooking,simple sewing and crafting and a series of"life hacks"for navigating adulthood such as etiquette,entertaining,budgeting and home care. LSTA Grant Agreement(Form DLIS/LSTA01),Effective 04-2018 Page 14 of 20 Chapter 1B-2.01 I(2Xd),Florida Administrative Code l6D4 Project Number: 18-LSTA-D-07 ATTACHMENT B Estimated Project Budget LSTA Innovation Grant Budget Library Materials _ Specify LSTA Request Total Library Materials SO Supplies Specify 1 LSTA Request $0 $0 Equipment Specify LSTA Request Total Equipment I $0 Other I. Specify LSTA Request Sewing Machines/Sewing supplies 51330.00 Cricuts,craft supplies and crockpots 51,545.12 Total Other $2,875.12 Total Funding Request $2,875.12 LSTA Grant Agreement(Form DLISILSTAOI),Effective 04-2018 Page 15 of 20 Chapter IB-2.011(2Xd),Florida Administrative Code 1604 ATTACHMENT C FEDERAL AND STATE OF FLORIDA SINGLE AUDIT ACT REQUIREMENTS AUDIT REQUIREMENTS The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or monitoring by the Department of State as described in this Addendum to the Grant Award Agreement. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR 200.501 Section 215.97,Florida Statutes,monitoring procedures may include,but not be limited to,on-site visits by Department of State staff, limited scope audits as defined by 2 CFR 2 §200.425, and/or other procedures.By entering into this agreement,the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of State.In the event the Department of State determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by the Department of State staff to the recipient regarding such audit.The recipient further agrees to comply and cooperate with any inspections,reviews,investigations,or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR 200.90,200.64&200.70 as revised. i. In the event that the recipient expends $750,000 for fiscal years ending after December 31,2014 or more during the non-Federal entity's fiscal year in Federal awards in its fiscal year,the recipient must have a single or program-specific audit conducted in accordance with the provisions of 2CFR 200.501. Exhibit 1 to this agreement indicates Federal resources awarded through the Department of State.The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR 200.502. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR 200.514,as revised,will meet the requirement of this part. ii. In connection with the audit requirements addressed in Part I,paragraph 1,the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508. LSTA Grant Agreement(Form DLIS/LSTAO I),Effective 04-2018 Page 16 of 20 Chapter 1B-2 01](2Xd),Florida Administrative Code 1604 iii. If the recipient expends less than$750,000 for fiscal years ending after December 31,2014 in Federal awards in its fiscal year,an audit conducted in accordance with the provisions of 2 CFR 200.501 is not required. In the event that the recipient expends less than$750,000 for fiscal years ending after December 31,2014 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200.501,the cost of the audit must be paid from non-Federal resources(i.e.,the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). (d)Exemption when Federal awards expended are less than$750,000.A non-Federal entity that expends less than$750,000 during the non- Federal entity's fiscal year in Federal awards is exempt from Federal audit requirements for that year, except as noted in 2 CFR§200.503 Relation to other audit requirements,but records must be available for review or audit by appropriate officials of the Federal agency, pass-through entity,and Government Accountability Office(GAO). The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. U.S. Government Printing Office www.ecfr.gov PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2) (1), Florida Statutes 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of$750,000 in any fiscal year of such recipient(for fiscal years ending after June 30,2016),the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97,Florida Statutes;applicable rules of the Executive Office of the Governor and the Chief Financial Officer;and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General.EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Department of State by this agreement. In determining the state financial assistance expended in its fiscal year,the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of State,other state agencies,and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II,paragraph 1,the recipient shall ensure that the audit complies with the requirements of Section 215.97(7),Florida Statutes.This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes,and Chapters 10.550(local governmental entities)or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General. LSTA Grant Agreement(Foran DLIS/LSTAO I),Effective 04-2018 Page 17 of 20 Chapter 1B-2.011(2Xd),Florida Administrative Code 1604 3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal years ending after June 30,2016),an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year ending after June 30,2016 and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes,the cost of the audit must be paid from the nonstate entity's resources(i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. State of Florida Department Financial Services(Chief Financial Officer) httpJ/www.fldfs.com/ State of Florida Legislature(Statutes, Legislation relating to the Florida Single Audit Act) http://www.leL.statell.us/ PART III:REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320(d),OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department of State at each of the following addresses: Office of Inspector General Florida Department of State R.A. Gray Building,Room 114A 500 South Bronough St. Tallahassee,FL 32399-0250 B. The Federal Audit Clearinghouse designated in OMB Circular A-133,as revised(the number of copies required by Sections .320(d)(1)and(2),OMB Circular A-133,as revised, should be submitted to the Federal Audit Clearinghouse),at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville,IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections.320(e)and (f), OMB Circular A-133, as revised. 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: LSTA Grant Agreement(Form DLIS/LSTA01),Effective 04-2018 Page 18 of 20 Chapter 1B-2.011(2 Xd),Florida Administrative Code 16D4 A. The Department of State at each of the following addresses: Office of Inspector General Florida Department of State R. A. Gray Building,Room 114A 500 South Bronough St. Tallahassee, FL 32399-0250 B. The Auditor General's Office at the following address: Auditor General's Office Room 401,Pepper Building 111 West Madison Street Tallahassee,Florida 32399-1450 3. Any reports,management letter,or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133,Florida Statutes,and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General,as applicable. 4. Recipients,when submitting financial reporting packages to the Department of State for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued,and shall allow the Department of State,or its designee,CFO,or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of State,or its designee,CFO,or Auditor General upon request for a period of at least three years from the date the audit report is issued,unless extended in writing by the Department of State. TSTA Grant Agreement(Form DLIS/LSTAOI),Effective 04-2018 Page 19 of 20 Chapter 1 B-2.011(2Xd),Florida Administrative Code i6 D4 EXHIBIT—1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Florida Department of State, Library Services and Technology Act Grant, CFDA Number 45.310.Award amount: $2,875.12 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Code of Federal Regulations, Title 2 Grants and Agreements,Revised January 1, 2014 (2 CFR 2) STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: If a project requests less than$10,000($0-$9,999)in grant funds,no matching funds are required.All other projects must provide local matching funds that equal a minimum of one- third(1/3)of the amount of federal funds requested or awarded.A library in a county or community with rural status may request a waiver of the match requirements at the time of the grant application in compliance with Section 288.06561,Florida Statutes. Statewide projects coordinated by the Division may have the matching requirement waived. Local matching funds may be in-kind or cash contributions.Expenditure of funds by partners on project-related activities may be used as match.The expenditures must be documented and reported. Local matching funds may not be used on more than one project.Matching funds must be related specifically to the project.Matching fund expenditures may only be made during the project period. Funds expended before or after the project period may not be used as match. The following may not be used as match for grants: Other federal grant funds,volunteer time. SUBJECT TO SECTION 215.97.FLORIDA STATUTES: Not applicable COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not applicable LSTA Grant Agreement(Foran DLIS/LSTA01),Effective 04-2018 Page 20 of 20 Chapter 1B-2 011(2Xd),Florida Administrative Code