HomeMy WebLinkAbout2020-251PROJECT NUMBER 20-LSTA B-07
LIBRARY SERVICES AND TECHNOLOGY ACT GRANT
AGREEMENT BETWEEN
THE STATE OF FLORIDA, DEPARTMENT OF STATE
AND
Indian River County 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 for and on behalf of Indian River
County 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 20-LSTA-B-07 for the project "Expanding Technology Skills
Education" nt the amount of $9,646. 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 2020-2021 General Appropriations Act on line 3168. 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:
Grant Purpose. This grant shall be used exclusively for the "Expanding Technology Skills Education," the
public purpose for which these funds were awarded:
a) The Subgrantee shall perform the following Scope of Work:
The Indian River County Library will expand digital instruction curriculum for adults of all ages utilizing a
portable computer classroom. The population served by this project consists of adults able to attend in-
person instruction sessions. This adult population includes seniors, employment seekers, entrepreneurs,
information seekers and those interested in personal enrichment.
This project is comprised of four primary tasks. The -first task is creating a schedule of classes and
developing the corresponding lesson plans, practice activities and handouts for these classes. The
second task is acquiring the needed equipment to create a hands-on learning experience, with the belief
that applying the lessons directly through course activities and repetition will aid attendees in the retention
of new skills. The third task is implementing the new curriculum, and the fourth and final task consists of
evaluating class surveys and feedback in order to adjust the curriculum as needed.
All tasks associated with this project, will be performed by September 30, 2021.
b) The Subgrantee agrees to provide the following Deliverables related to the Scope of Work for
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payments to be awarded.
Ii
# Paa yympent Deliverable Description Documentation PAayment
1 Fixed The Indian River County Library will
Indian River County Library
$4,823
Price have: 1. Created an outcome -based
will provide: 1. Examples of
illustrating the number of
assessment tool that is appropriate for
the required outcome -based
library branches. 2. Broadcast of digital
each impacted activity of the project, 2.
evaluation questions, along
Completed the lesson plans for the
with written details of when
classes. 3. Created the schedule of
and where the survey
classes.
questionnaires will be used. 2.
Copy of the lesson plans. 3.
Copy of the schedule of
classes.
2 Fixed The Indian River County Library will have
Indian River County Library $4,823
Price planned and implemented the publicity for
will provide a spreadsheet
the new programs, including: 1. The
illustrating the number of
creation of print flyers available at all
related flyers distributed, social
library branches. 2. Broadcast of digital
media posts sent - responses
content to be pushed out on the library's
received, subscriptions to local
social media platforms and website. 3.
print publications incorporated
Use of local print publications. 4. Use of
and class registrations taken.
standardized registration system.
Totals $9,646
c) The Subgrantee has provided an Estimated Project Budget (which is incorporated as part of this
Agreement and titled Attachment A). All expenditures for this agreement shall be in accordance with this
budget.
2. Length of Agreement.This Agreement shall begin on July 1, 2020 and shall end September 30, 2021 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
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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
For the Subgrantee:
Tracey Wehking, Library Director
Indian River County Library
1600 21st Street Vero Beach Florida 32960
Phone: 772.770.5060
Email: twehking@irch'brary.org
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 $$9,646 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 first payment will be 50% of the grant award. Payment will be made in accordance with the
completion of the Deliverables.
b) The second payment will be 50% of the grant award. Payment will be made in accordance with the
completion of the Deliverables.
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 inyfloridacfo com/Division/AA/Forms/DFS-AI-26E pdf. The form also includes tools and information
that allow you to check on payments.
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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 tlyendor.rnvfloridacfo.com. If the Subgrantee has not previously submitted a copy of the
Subgrantee's Florida Substitute Form W-9, a copy must be submitted with the executed Agreement.
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.
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
atdosgrants.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 first payment will be withheld if Deliverables are not satisfactorily completed.
b) Second payment will be withheld if Deliverables are not satisfactorily completed.
11. Grant Reporting Requirements. The Subgrantee must submit a Mid -Year Report on or by January 30,
2021. The Mid -Year report must be submitted using the DOS Grants System at dosgiants.com. At the
completion of the project, the Subgrantee must submit a Final Report on or by November 1, 2021. 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 ($049,999) 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 20 percent (20%) 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:
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• Other federal grant funds.
• Volunteer time.
13. Grant Completion Deadline. The grant completion deadline is September 30, 2021. 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 (1MLS) 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:
"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 (as of January
2020), incorporated by reference, which are available online at
hM2s•//,.vww niyfloridacfo com/division/aa/manuals/documents/ReferenceGuideforStateExpenditures }2df.
Federal guidelines for allowable costs can be found at gpo.gov/fdsys/
u kgiCFR-2014-title2-vo I I/pdf/CFR-
2014-title2-voll-12art2OO-subpartE.pd in 2 CFR Part 200, Subpart E— Cost Principles (as of September 2019),
incorporated by reference.
In addition, the following are not allowed as grant expenditures:
a) 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),
b) 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.
c) 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
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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 (as of January 2020)
t)2sVlwww myfloridacfo com/diyision/aa/manuaIc/do timenrc/ReferenceGiiideforStateEroenditures.ndt;
incorporated by reference. For federal funds, guidelines for allowable costs can be found
gPo aoy/fdsys/nkWCFR-2014-title2-voll/pdf/C'FR-2014-title2-voll-Iiart200-subpartE.ndf in 2 CFR Part 200,
Subpart E— Cost Principles (as of September 2019), incorporated by reference.
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, Library Program Specialist, 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 offederal Regulations Part 200, Subpart F — Audit
Requirements (gpo gov/fdsys/pkg CFR-2014-title2-voll/pdf/ FR-2014-title2-voll-12art2QQ,pdf (as of
September 2019)), incorporated by reference. See Attachment B 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 ager 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
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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 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:
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a) Are not presently excluded or disqualified (debarment, suspension and other responsibility matters);
b) Have not been convicted within the preceding three years of any of the offenses listed in 45 CFR
1185.800(a), (gpo gov/fdsys/pkglCFR-2005-title45-vola/pdf/CFR-2005-title45-vola-pard 185-
subparW.ndf (as of September 2019)) incorporated by reference, or had a civil judgment rendered
against thein 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)
Wo. g vo /fds res/nke/CFR-2005-title45-vo13/pdf/CFR-2005-title45-vola-partl 185-subpartH pdf (as of
September 2019)), 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)
( po.gov/fdsys//pk�YCFR-2005-title45-vol3/pdf/CFR-2005-title45-vol3-partl 185-subpartC pdf (as of
September 2019), 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 ani v/fdsys�ikg/CFR-1999-title45-voll/pdf/CFR-1999-title45-voll-
part76-subnartF.ndf (as of September 2019), 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.
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30. Delinquent in Repayment of Federal Debt. The Subgrantee certifies that, to the best of the Subgrautee's
knowledge and belief, the Subgrantee is not delinquent in the repayment of any federal debt.
31. Nondiscrimination. As required by the Civil Rights Act of 1964, (eeeoc eov/laws/statutesltitlevii cfin (as of
September 2019)) incorporated by reference, the Rehabilitation Act of 1973 (tiscode.house.gov/view.xhhrtl?
an th=/prelim cni titic29/chapterl 6/nodc332&cdition=prelim (as of September 2019)), incorporated by reference,
the Education Amendments of 1972 (uscnr1P_ house gov/view.xhtml?
gat =/prelimcctitle20/ehapter38&edition= im (as of September 2019)), 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=/Vrelim title42/chapter76&edition=prelim (as of September 2019)),
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 lov/laws/statutes/titlevii.cfin (as of September 2019)) 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 cr title29febapterl6/&edition=prelim (as ofSeptember 2019)),
incorporated by reference, which prohibits discrimination on the basis of disability in federally -assisted
programs;
c) Title DC of the Education Amendments of 1972, as amended (20 USC §§ 1681-83, 1685-86),
(uscode houtc t;ov/view xhtmhrath=/Prelim(cLtitle20lcharter3R&edition=prelim (as of S eptemb er 2019))
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.),
(us code, house gov/view, xhtml?lath=/prelim cnr title42/chapter76&edition= rn elim (as of September 2019))
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 distnbute 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:
a) The copyright in any work developed under a grant, subgrant or contract under a grant or subgrant; and
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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 it munity 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 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
Page: 10
I DL1S aninded rquircd hutch Irom 331/ito 20% in Au_uut 2030.
LSTA Grua A mun>:nl ( Fume DLIS LSTAt)1)
C l-opter I &2.0 1 I (2)(d ), I' IOI'It J(f : I C %1111111.111Y1flhi' Code, effective 03-2020
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.
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 535,000 require informal competition and may be procured by purchase order,
Page: l l
I DLIS auricled requu-cd WEItC r fi•om 3 3`!4� to _I(R", ui Await 2020.
LSTA Cinuu Ageem nt (Fenn DLIS; LSTAO I)
CkIl%r 113-2.01 I(_')(d), Cotte. eff ctive 03-2020
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 prolubition 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)) (as of
September 2019), 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 ad v (as of September 2019)), incorporated by reference.
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) Estimated Project Budget (Attachment A); and
c) Florida Single Audit Act Requirements (Attachment B).
Page: 12
tl)LIS anLnded regtdred notch h-om 339;. to 2Wi', 6 At> A t 2020.
LSTA Grant Agvenrnt (Foran DLI& LSTAO I )
Chapter I B -2.011(2)(d), Florit [i Add llnisrr Live Code. cilective 0.3-2020
In acknowledgment of Project Number 20-LSTA-B-07, provided for from funds appropriated in the FY
2020-2021 General Appropriation Act in the amount of $9,646, the Subgrantee hereby certifies that they
have read this entire Agreement and will comply with all of its requirements.
Subgrantee:
ell,
rizedrOfftcial for the Subgrantee
•k; ;� � �{� :oma:
rRr�
'IERo��,
•...J seph E. Flescher, Chairman
Department of State
Amy Joluison, Director
Division of Library and Information Services
Department of State, State of Florida
Typed name and title
Typed name and title
December 8, 2020
Date
Date
WGA' v (:A--DWJ0 0
Witness
Witness
December 8, 2020
12.1 `' 12,020
Date
Date
I DLIS antixled requo-cd notch fi om 33'%',, to 20`Y ui Auipui 2020.
LSTA Grunt Ayeenx;nl (Fonn DLIS'LSTA01)
O-upier I P,21.011(2)(d); Florida. (ehWilGPm711ve Codc. cllcclive 03-2020
Attest: Jeffrey R. Smith, Clerk of
Circuit Court and Comptroller
1 r�
�7 Deputy Clerk
Page: B
Page: 14
I DL)S atnetx)ed regL& d match fiom 33% to 200.. ut Atgnnt 2030.
LS rA (anon Alpeanent (Fonn DLIS;'L.ST.A01)
Clntpterlli-2.011(2)(d),Florida --li17171if811tiliv CUGIe.e Lvtixv03-2030
Description
Project Number: 20-LSTA B-07
Expanding Technology Skills Education
ATTACHMENT A
Estimated Project Budget
Grant Funds ( Cash Match In Kind Match
Supplies
-- ---�
Logitech B100 Corded Mouse
i $0
$110 i,
Subtotals
$01
$110 $0
Equipment
Dell Cnspiron G5 15 5505 Laptop
$9,646
$155
Subtotals
$9,6461 $155 $0
Totals
$9,6461 $265 $0 ,
Pag!:15
t DLIS .m-vixlcd rC(IL&Cd match Iroin 3 3';ti to 201i4 6t Auguit 2020.
LSTA Cinutt Agcenun( (Fenn DLISISTA01)
Clupter I I3 -'_'.011(2)(d), Plaritta Achniuivn-uticcr Code. efT ctive 03-2020
ATTACHMENT B
FLORIDA SINGLE AUDIT ACT REQUIREMENTS
1 M
"451 X11 N_I__.__ _u l
The administration of resources awarded by the Department of State to the Subgrantee may be subject to audits
and/or monitoring by the Department of State as described in this Addendum to the Grant Award Agreement.
In addition to reviews of audits conducted in accordance with 2 CFR 200, Subpart F - Audit Requirements, and
section 215.97, Florida Statutes (F.S.), as revised (see Audits below), monitoring procedures may include, but not
be limited to, on-site visits by Department of State staff, limited scope audits as defined by 2 CFR 2 §200.425, or
other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of State. In the event the Department of State
determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional
instructions provided by the Department of State staff to the recipient regarding such audit. The recipient further
agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the
Chief Financial Officer (CFO) or Auditor General.
Audits
Part I: Federally Funded
This part is applicable if the recipient is a state or local government or a nonprofit organization as defined in 2 CFR
§200.90, §200.64, and §200.70.
A recipient that expends $750,000 or more in federal awards -in its fiscal year must have a single or program -
specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements.
Exhibit 1 to this agreement lists the federal resources awarded through the Department of State by this
agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources
of federal awards, including federal resources received from the Department of State. The determination of
amounts of federal awards expended should be in accordance with the guidelines established by 2 CFR
200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2
CFR 200.514, will meet the requirement of this Part.
2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to
auditee responsibilities as provided in 2 CFR 200.508-512.
3. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit
conducted in accordance with the provisions of 2 CFR 200, subpart F - Audit Requirements. If the recipient
expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in
accordance with the provisions of 2 CFR 200, subpart F - Audit Requirements, the cost of the audit must be
paid from non-federal resources (i.e. the cost of such an audit must be paid from recipient resources obtained
Page: 16
t DDS amLuded required tntich fi-om 33',', to 2Mv in Au!nut 2020.
LSTA Grin Agvennmt ( Form DLIS,LSTA01)
Chaptcr I&2.OII(2)(d). C'oc(e. eflktive03-2020
from other than federal entities).
Part II: State Funded
This part is applicable if the recipient is a nonstate entity as defined by section 215.97(2),F.S.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017 and thereafter), the recipient
must have a state single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.;
Rule Chapter 69I-5 F.A.C., State Financial Assistance; and Chapters Chapters 10.550 (local governmental
entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, EXHIBIT 1 to this
agreement indicates state financial assistance awarded through the Department of State by this agreement. In
determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of
state financial assistance, including state financial assistance received from the Department of State, other state
agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through
awards and resources received by a nonstate entity for federal program matching requirements.
2. For the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies
with the requirements of Section 215.97(8), F.S. This includes submission of a financial reporting package as
defined by Section 215.97(2) F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years ending
June 30, 2017 and thereafter), an audit conducted in accordance with the provisions of Section 215.97, F.S., is
not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal
year and elects to have an audit conducted in accordance with the provisions of Section 215.97, F.S., the cost
of the audit must be paid from the nonstate entity's resources (Le., 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)
hgpMjmm,mytloridacfo.conV
State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act)
http;//www.lee. s tate. flus/
Part III: Report Submission
1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F - Audit
Requirements, and required by PART I of this agreement shall be submitted, when required by 2 CFR 200.512,
by or on behalf of the recipient directly to each of the following:
A. The Department of State at each of the following addresses:
Page: 17
DLIS aurralcd rc gttu%Xl nrttch from ,3",-.(, to 2041, ui August 2020,
LSTA Gain Apeen-ent (Form DUS,1STA01)
Clu)pter I B-'__(! 11(2)(d), Code, ellktiv e 03-2020
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 (FAC) as provided in 2 CFR 200.6 and section 200.512
The FAC's website prides a data entry system and required forms for submitting the single audit reporting
package. Updates to the location of the FAC and data entry system may be found at the OMB website.
2. Copies of financial reporting packages required by PART II of this agreement shallbe submitted 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 Auditor Generars Office at the following address:'
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, Florida 32399-1450
3. Any reports, management letter, or other information required to be submitted to the Department of State
pursuant to this agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97 F.S. and
Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General, as applicable.
4. Recipients, when submitting financial reporting packages to the Department of State for audits done in
accordance with 2 CFR 200, Subpart F - Audit Requirements or Chapters 10.550 (local governmental entities)
and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that
the reporting package was delivered to the recipient in correspondence accompanying the reporting package.
Part IV: Record Retention
1. The recipient shall retain sufficient records demonstrating its compliance with the terms of the award(s) and this
agreement for a period of five years from the date the audit report is issued, and shall allow the Department of
State, or its designee, the CFO, or Auditor General access to such records upon request. The recipient shall
ensure that audit working papers are made available to the Department of State, or its designee, the CFO, or
Auditor General upon request for a period of at least three years from the date the audit report is issued, unless
extended in writing by the Department of State.
Page: 18
DLIS an -ended rcgt&ed hutch fion133° to 20°i4 ui August 2020.
LSTs\ ( hint Au•ecnvnt (Foran DUSISTAO I)
C11i1pter I P,2.01 l (2)(t1), Floridtj. lclnriuivncuhc Cuplr, ci►,!ctixe 03-3030
EXHIBIT — I
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: $9,646
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 ($049,999) 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
TATUTES.
Not applicable
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Not applicable
Pam: 19
IDLIS 11MILIC(I rcLluu-ed tmtrh Iiom339ti to 20`if ¢t Aitgu t 2020.
LSTA (inun Agrecnunt (Form DUS ISTA01)
Chapter I S -2.011(2)(d), Floriclu:Jdntittistrutirc Code. eketive 03-3020