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Indian River County Library
Indian River County
STATE AID TO LIBRARIES GRANT
AGREEMENT BETWEEN
THE STATE OF FLORIDA, DEPARTMENT OF STATE
AND
Indian River County Board of County Commissioners for and on behalf of Indian River
County 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 Indian River..
County Board of County Commissioners for and on behalf of Indian River. County Library,
hereinafter referred toas the "Grantee."
The Grantee has submitted an application and has met all eligibility requirements and has been
awarded a State Aid to. Libraries Grant (CSFA 45.030) by the Division intheamount specified
on the "Fiscal Year 2018-19 State Aid to Libraries Final Grants" document (which is
incorporated as part of this Agreement and entitled Attachment B). The Division has the
authority to administer this grant in accordance with Section 257, Florida Statutes. By reference,...
the application and any approved revisions are hereby made a part of this agreement
In consideration of the mutual covenants and promises contained herein, the parties agree as.
follows:
1. Grant Purpose.. This grant shall be used exclusively for the "State Aid to Libraries Grant,"
the public purpose for which thesefunds were appropriated.
a) The Grantee shall perform the following Scope of Work:
In accordance. with Sections 257.17-257.18, Florida Statutes, the. Grantee shall
receive a grant amount that is calculated and based upon local fundsexpended during.
the second preceding fiscal year for the operation and maintenance of the library. For
this grant, the local expenditures shall have been made during the period
October 1, 2016 - September 30, 2017.
In order to be eligible to receive the grant funding, the Grantee shall manage or
coordinate free library service to the residents of its legal service area for the period
October 1, 2016 through June 30, 2019. The Grantee shall:
Have a single administrative head employed full time by the library's governing
body; .
• Provide free library service, including loaning materials available for circulation
free of charge and providing reference and information services free of charge;
Provide access tomaterials, information and services for all residents of the area
served; and -
State Aid to Libraries .Grant Agreement (Form DLIS/SA02) • • Page 1 of 10
Chapter 1B -2.011(2)(a), Florida Administrative Code, -Effective 10-2018:
Have at least one library, branch library or member library open 40 hours or more
each week (excluding holidays, between Sunday through Saturday, on a schedule
determined by the library system) during the length of the agreement.
b) The Grantee agrees to, provide the following Deliverables related to the Scope of Work
for payments to .be awarded.
Payment 1, Deliverable/Task 1:
Payment will be an advance in the amount of 100% of the grantaward forthe period
October 1, 2016 through June 30, 2019. The Grantee will:
Have expended funds to provide free library service during the period
October 1, 2016 - September 30, 2017;
o Provide an Expenditure Report and certification .of Local Operating Expenditures
for the period October 1, 2016 -: September 30, 2017 only;.
o Provide documentation showing that at least one library, branch library or.
member library is open 40 hours or more each week (excluding holidays; between
Sunday. through Saturday, on a schedule determined by the library system) during
the length of the: agreement;
o Provide the Certification of Credentials for the Single Administrative Head; and:
Provide a Certification of Hours, Free Library Service and Access to. Materials.
c) Grant funds shall be used for the operation and maintenance of the library. The allowable
budget categories are: Personnel Services (salaries, wages, and related employeebenefits
provided for all persons employed by the reporting entity whether on full-time, parttime,
temporary, or seasonal basis), Operating Expenses (expenditures for goods and services
which primarily benefit the current period and are not defined as personal services or
capital outlays); Non -Fixed Capital Outlay (outlays for the acquisition of or additionto.
fixed assets); and Other (other operating expenditure categories in the library budget).
2:: Length of Agreement. This Agreement covers the period of October 1, 2016 to.
June 30, 2019, unless terminated in accordance with the provisions of Section 28 of this
Agreement, This period begins with the start of the Grantee's second preceding fiscal year
(October 1, 2016) and concludes with the end of the State of Florida's current fiscal year.
(June: 30, 2019).
3. . Expenditure of Grant Funds. Grant funds will be used to reimburse a portion of local funds..
expended by the Grantee during their second preceding fiscal year (October 1, 2016•
September 30, 2017) for the operation and maintenance of a library and shall not exceed the
amount specified in Attachment B. No costs incurred after the second preceding fiscal year
shall be allowed unless specifically authorized by the Division..
State Aid to Libraries Grant Agreement(Form DLIS/SA02) Page 2 of 10
Chapter 1B -2.011(2)(a), Florida Administrative Code, Effective 10-2018.
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 tothis agreement shall be directed to or
delivered to the other party's contract manager by utilizing the information below. Any
change in the contact information below should be submitted in writing to the contract
manager within 10 days of the change.
For the Division of Library. and Information Services:
Marian Deeney, Library Program Administrator
Florida Department of State
R.A. Gray Building
Mail Station #.9D
500 South Bronough: Street
Tallahassee, Florida 32399-0250
Phone: 850.245.6620
Facsimile: 850245:6643
Email: rnarian.deeney®dos.mvflorida.com
For the Grantee:
Ms. Anne. Shepherd; Director:.
Indian River County Library
1600 21st Street.
Vero Beach, Florida 32960.
Phone: 772.770.5060.
Facsimile: 772:770.5066
Email::ashepherd@irclibrary.org
5. Grant Payments.: The total .grant award shall not exceed the amount specified .on the "Fiscal
Year 2018-19 State Aid to Libraries Final Grants" document (Attachment B), which shall be
paid by the Division in consideration for the Grantee's minimum performance as set forth by
theterms and conditions of this Agreement. Paymentwill be an advance in the amount of
100% of the: grant award as specified in Attachment B. Payment will be made in accordance
with the completion of the Deliverables:..
6. Electronic Payments: The: Grantee can choose to use electronic funds transfer (EFT) to
receive grant payments. All grantees 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 needto 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:
State Aid: to Libraries Grant Agreement (Form DLIS/SA02) Page 3 of 10
Chapter 1B -2.011(2)(a), Florida Administrative Code, Effective 10-2018.
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 thatmay 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 toreport accurate tax
information to the Internal Revenue Service(IRS). To register or access a Florida Substitute
Form W-9 visit fivendor.myfloridacfo.com. A copy of the Grantee's Florida Substitute
Form W-9 must be submitted by the Grantee to the Division with the executed
Agreement.
8. Financial Consequences: The Department shall apply the following financial consequences for
failure to perform the minimum levelof services required by this Agreement in accordance with
Sections 215:971 and: 287.058, Florida Statutes:
The Department shall require the return of the award in a prorated amount based upon the.
percentage of time that the library failed toperform the minimum level of services.: The
proratedreduction will be in the same percentage as the percentage offline that the library was
not providing minimum level of services:.
9: Credit Line(s) to Acknowledge Grant Funding. The Division requires public
acknowledgement of State Aid to Libraries Grant funding for activities and publications
supported by grant funds. Any announcements, information, press releases, publications,
brochures, videos, webpages, programs, etc: created as part of a State Aid to Libraries Grant.
project must include an acknowledgment that State Aid to Libraries Grant funds were used to
create .them.
Use the following text:
"Thisproject has been funded under the provisions of the State Aid to Libraries Grant
program, which is administered by the Florida Department of State's Division of Library
and Information Services:'
10. Non -allowable. Grant Expenditures. The Grantee agrees to expend all grant fluids received
under this agreement solely for the purposes for which they were authorized and appropriated.
Expenditures shall be in compliance with the state guidelines for allowable project costs as
outlined in the Department of Financial Services' Reference Guide for State Expenditures
(dated February, 2011),incorporated by reference, which are available online at
mvfloridacfo.com/aadir/reference guide.
Grant funds, may not: be used for the purchase or construction of a .library building or library
quarters.
11. 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:
State Aid to Libraries Grant Agreement (Form DLIS/SA02)
Chapter 1B -2.011(2)(a), Florida Administrative Code, Effective 10-2018.
Page 4 of 10
12. Unobligated and Unearned Funds and Allowable Costs. I hi accordance with Section
215.971, Florida Statutes, the Grantee shall refund to the State of Florida any balance of
unobligated funds which has been advanced or paid to the Grantee: In addition, funds paid in
excess of the amount to which the recipient is entitled under the terms and conditions of the
agreement must be refunded to the state agency. Further, the recipient may expend funds
only for allowable costs resulting from obligations incurred during the specified agreement
period. Expenditures of state financial assistance must be in compliance with the laws, rules
and regulations applicable to expenditures of State funds as outlined in the Department of
Financial Service's Reference Guide for State Expenditures (dated February, 2011)
(mvfloridacfo.com/aadir/reference guide), incorporated by reference.
13. Repayment.. All refunds or repayments to be made to the Department under this agreement
are to be made payable to the order of "Department of State" and mailed directly to the
following address: Florida Department of State, Attention: Marian Deeney, Division of
Library and Information Services, 500. South Bronough Street, Mail Station #9D, ..
Tallahassee, FL 32399. In accordance with Section 215:34(2), Florida Statutes, if a check or.
other draft is returned to the Department for collection, Recipient shall pay to the Department
a service fee of $15:00 or five percent (5%) of the face amount of the returned check or draft,
whichever is greater.
14. Single. Audit Act. Each grantee, other than a grantee that is a State agency, shall submit to an
audit pursuant to Section 215.97, Florida Statutes: See Attachment A for additional information
regarding this requirement. If a Grantee is not required by law to conduct an audit in
accordance with the Florida Single Audit Act because it did not expend at least $750,000. in.
state financial assistance, it must submit a Financial Report on its operations pursuant to
Section 218.39, Florida Statutes within ninemonths of the close of its fiscal year.
15: Retention of Accounting Records. Financial records, supporting documents, statistical
records and all other records, includingelectronic storage media pertinent to the Project,shall
be retained for a period of five (5) fiscal years after the close-out of the grant and release of
the audit If any litigation or audit is initiated or claim made before the expirationof the five-
year period, the records shall be retained for five fiscal years after the litigation, audit or
claim has been resolved. =
16. Obligation to Provide. State Access to Grant Records. The Grantee must make all grant
records of expenditures, copies of reports, books, andrelated 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:
17: Obligation to Provide Public Access to Grant Records. The Division reservesthe right to
unilaterally cancel this Agreement in the event that the Grantee refuses public access to all
documents or other materials made or received by the Grantee that are subject to the
provisions of Chapter 119, Florida Statutes, known as the Florida Public Records Act: The
Grantee must immediately contact the Division's Contract Manager for assistance if it
receives a public records request related to this Agreement
State. Aid to Libraries Grant Agreement (Form DLIS/SA02) • • Page 5 of 10
Chapter 1B -2.011(2)(a), Florida Administrative Code, Effective 10-2018.
18. Noncompliance. Any Grantee 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 issues mustbe resolved before a grant award agreement may be executed and.
before grant payments for any OCHIP grant may be released.
19. Accounting Requirements. The Grantee must maintain an accounting system that provides
a complete record of the use of all grant funds as follows:.
The accounting system must be able to specifically identify and provide audit trailsthat
trace the receipt, maintenance and expenditure of state funds;
b) Accounting records must adequately identify the sources and application of funds .for all
grantactivities and must classify and identify grant funds by using the same budget
categories that were approved in the grant application. If Grantee's accounting system
accumulates data in a different format than the one in the grant application, subsidiary
records must document and reconcile the amounts shown in the Grantee's accounting
records to those amounts reported to the Division;..
c) An interest-bearing checking account or accounts in a state or federally chartered
institution may be used for revenues and expenses described in the Scope of Work and
detailed in the Estimated Project Budget;
d) : The name of the account(s) must include the grant award number;
e) The Grantee'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, bilis and canceled
checks).
20. Availability of State Funds. The State. of Florida's performance and obligation to pay under
this Agreement are contingent upon an annual appropriation by the Florida. Legislature: In the
event that the state funds upon which this Agreement is dependent are withdrawn, this . .
Agreement will be automatically terminated and the Division shall have no further liability to
the Grantee beyond those amounts already expended prior to the termination date: 'Such
termination will not affect the responsibility of the Grantee under this Agreement as to those
funds previously distributed. In the event of a state revenue shortfall, the total grant may be
reduced accordingly.
StateAidto Libraries Grant Agreement (Form DLIS/SA02) Page 6 of 10
Chapter IB -2.011(2)(a), Florida, Administrative Code, Effective 10-2018.
21. Lobbying. The Subgrantee will .not use any grant funds for lobbying the state legislature, the•
state judicial branch or anystate agency.
22. Independent Contractor Status of :Grantee. The Grantee, if not a state agency, agrees that
its officers, agents and employees, in performance of this Agreement, shall act in the capacity
of independent contractors and not as officers, agents or employees of the state. The. Grantee
is not entitled to accrue any benefits of state employment, including retirement benefits and
any other rights or privileges connected with employment by the State of Florida:.
23. Grantee's Subcontractors. The Grantee shall be responsible for allwork performed and all
expenses incurred in connection with this Agreement The Granteemay 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 Grantee's subcontract(s), and the Grantee shall be solely liable to its
subcontractor(s) forall expenses and liabilities incurred under its subcontract(s). The Grantee
must take thenecessary steps to ensure thateach of its subcontractors will be deemed to be
independent contractors and willnot be considered or permitted to be agents, servants, joint
venturers or partners of the Division.
24. Liability. The Division will not assume any liability for the acts, omissions toact or
negligence of the Grantee, its agents, servants or employees; nor may the Grantee exclude
liability for its own acts, omissions to act or negligence: to the Division..
a) The Grantee: shall be responsible for claims of any nature, including but not limited to
injury, death and property damage arising out of activities related to. this Agreement by
the Grantee, its agents, servants, employees and subcontractors. The Grantee shall
indemnify and hold the Division harmless from any and all claims of any nature andshall
investigate all such claims at its own expense. Utile Grantee is governed. by Section,'
76828, Florida Statutes, it shall only beobligated in accordance with this Section.
b) Neitherthe state nor any agency or subdivision of the state waives any defense of
sovereign immunity or increases thelimitsof its liability by entering into this Agreement.
c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or
cost of collection related to this Agreement.
d) . The Grantee shall be responsible for all work performed and all expenses incurred in
connection with the project. The Grantee may subcontract as necessary to perform the
services set forth in this Agreement, including entering into subcontracts with vendors for
services and commodities, provided that such subcontract has been approved in writing
by the Department prior to its execution and provided that it is understood by the Grantee
that the Department shall not be liable to the subcontractor for any expensesor liabilities
incurred under the subcontract and that the Grantee shall be solely liable to the
subcontractor for all expenses and liabilities incurred under the subcontract
State Aid to Libraries Grant Agreement (Form DLIS/SA02) Page _7 of 10 . .
Chapter 1B -2.011(2)(a), Florida Administrative Code, Effective 10-2018.
25. Strict Compliance. with Laws. The Grantee, shall perform; allacts required by this
Agreement in strict conformity with all applicable laws and regulations of the local, state and
federal law. For consequences of noncompliance, see Section 18, Noncompliance.
26. No Discrimination::The Grantee may not discriminate against any employee employed.
under this Agreement or against any applicant for employment because of race, color,
religion, gender, national origin, age, handicap, pregnancy or marital status. The Grantee.
shall insert a similar provision in all of its subcontractsfor services under this Agreement.
27. Breach of Agreement. The Division will demand the return' of grant funds already received,
will withhold subsequent paymentsand/or will terminate this agreement if the Grantee
improperly expends and manages grant funds; fails to prepare, preserve or surrender records
required by this Agreement; or otherwise violates this Agreement
28. Termination' of Agreement: The Divisionwill terminate or end this Agreement if the
Grantee fails to fulfill its obligations herein. In such event, the Division will provide the
Grantee a noticeof its violation by letter and shall give. the Grantee fifteen (15) calendar days
from the date ofreceipt to cure its violation. If the violation is not cured within the stated
period, the Division will terminate this. Agreement. The notice of violation letter shall be
delivered to the. Grantee's Contract Manager, personally, or mailed to his/her specified
address by a method that provides proof of receipt. In the event that the Division terminates
this Agreement, the. Grantee will be compensated for any work completedin 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
completedin accordance with this Agreement shall be returned to the Division, with interest,
within thirty (30) daysafter termination of this Agreement The Division doesnot waive any
of its rights to additional damages if grant funds are returned under this Section:.
29. Preservation of Remedies. No delay or omission to exercise any right, power or remedy
accruing to either party upon breach or violation by either party under. this Agreement shall
impair any such right, power or remedy of either party; nor shall such delay or omission be
construed as a waiver of any such breach or default or any similar breach or default.
30. Non -Assignment of Agreement. The Grantee may not assign, sublicense orotherwise
transfer its rights, duties or obligations under this Agreement withoutthe 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: Grantee's obligations, the Grantee shall remain liable for all work performed
and all expenses incurred in connection with this Agreement. In. the event the Legislature
transfers the rights, duties and obligations of the Division to another 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:
State Aid to Libraries Grant Agreement (Form DLIS/SA02) Page 8 of 10
Chapter 1B -2.011(2)(a), Florida Administrative Code, Effective 10-2018.
31.. Required Procurement Procedures for Obtaining Goods and Services. The Grantee shall
providemaximumopen competition when procuring goods and services related to the grant-
assisted project in accordance with Section 287.057, Florida Statutes.
) Procurement of Goods and Services Not Exceeding $35,000. The Grantee must, use the
applicable procurement method described below:
1..Purchases Up to $2,500: Procurement of goods and services whereindividual
purchases do not exceed $2,500 do not require competition and may be conducted at
the Grantee's discretion.
Purchases or Contract Amounts Between $2,500 and $35,000: Goods and services
costing between $2,500 and $35,0.00 require informal competition and may be
procured by purchase order, acceptance of vendor proposals or other appropriate
procurement document.
b) Procurement of Goods and Services. Exceeding $35,000.. Goods and. services. costing: over.
$35,000 may be procured by either Formal Invitation to Bid, Request for Proposals or.
Invitation to Negotiate and may be procured by purchase order, acceptance of vendor
proposals or other appropriate procurement document.
32. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of
conflicts of interest described in Sections 112:311 through 112:326, Florida Statutes and
affirms that it will not enter into or maintain a business or other relationship with any.
employee of the Department of State that would violate those provisions. The Grantee further.
agrees to seek authorization from the General Counsel for the Department of State priorto
entering into any business or other relationship with a Department of State Employee to
avoid a potential violation of those statutes:
33: Binding of Successors. This Agreement shall bind the successors, assigns and legal
representatives of the Granteeand of any legal entity that succeeds to the obligations of the
Division of Library and Information Services.
34: Employment of Unauthorized Aliens. The employment of unauthorized aliens by the
Grantee is considered a violation of Section 274A (a) of the Immigration and Nationality Act.
(8 USC' 1324(a)), incorporated by reference. If the Grantee knowingly employs unauthorized
aliens, such violation shall because for unilateral cancellation of this Agreement.
35. Severability:. If any term or provision of the. Agreement is found to be illegal and
unenforceable, the remainder will remain in full force and effect, and such term or provision
shall be deemed stricken.
36. Americans with Disabilities Act. All programs and facilities. related to this Agreement must
meet the standards of Sections 553:501-553.513, Florida Statutes and the Americans with
Disabilities Act of 1990.(ada:aov), incorporated by reference).
State Aid to Libraries Grant .Agreement_(Form DLIS/SA02) Page 9 of 10
Chapter 1B -2.011(2)(a), FToridaAdministrative Code, Effective 10-2018.
37. Governing Law. This Agreement shall be construed, performed and enforced in all respects
in accordance with the laws and rules of Florida. Venue or location for any legal action
arising under this Agreement will be in Leon County, Florida.
38. Entire Agreement. The entire Agreement of the parties consists of the following documents:
a) This Agreement
b) Florida Single Audit Act Requirements (Attachment A)
c) Fiscal Year 2018-19 State Aid to Libraries Final Grants (Attachment B)
The Grantee hereby certifies that they have read this entire Agreement and will comply
with all of its requirements
Grantee:
Chair of Governing Body or , .. .. .,„„„.
Chief Executive Officer .1:01q.i.spo.....
.. • .1./e,i
i*
Bob Solari, Chafrman Oti
\t..:••••:„,
Typed name and title .. .
••• /vER co
.. . ---
January 15, 2019
Date
ATTEST: Jeffrey R. Smit. Clerk of
Co and • t oiler
•January ; 2019
Department of State:
A Al"
By. I
gir
Amy John . on, irctor
Division o Lib and Information Services
Department of State, State of Florida
Typed name and title
eputy Clerk •
Date
APPROVED /1/4$. TO FORM
AND LEGAL'SUFFICIENCY
DYLAN FIEINGOLD
State Aid to SaiiirenXaritTRAYFFXrni DLIS/SA02)
Chapter 1B -2.011(2)(a), Florida Administrative Code, Effective 10-2018.
21(10
Date
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