Board Meeting Materials – 2019, September 9


Board Meeting Materials – September 9, 2019

Take me to the Agenda.
Take me to the Minutes.
Take me to the Financial Report.
Take me to the Administrator Report.
Take me to the WILD Proposed Budget 2019-2020.
Take me to the State Aid Grant Agreement 2019-2020.

Agenda

Wilderness Coast Public Libraries
Serving Franklin, Jefferson, and Wakulla Counties
WILD Governing Board Meeting
MONDAY, September 9, 2019 at 1:30 p.m.
at the Wakulla County Public Library
4330 Crawfordville Highway, Crawfordville, FL 32327

• Changes to Agenda
• Introductions
OLD BUSINESS:
• Minutes from the April 2019 meeting-vote
• Financial Report-vote
• Administrator Report -Pat Gilleland
NEW BUSINESS:
• Approval of 2019-20 State Aid Agreement & Application
• Approval of Proposed 2019-20 WILD Office Budget
Other Business
• Franklin, Jefferson, and Wakulla Director Reports
Adjournment
Next Meeting will be Monday, October 14, 2019 at WCPL at 1:30 p.m.
Enclosures:
• Agenda 9-9-2019
• Minutes- April 2019
• Financial Report – August 2019
• Administrator Report – June/August 2019
• 2019-20 Proposed WILD Budget
• 2019-20 State Aid Grant Agreement

Minutes 4/8/2019

Wilderness Coast Public Libraries
Serving Franklin, Jefferson, and Wakulla Counties
Governing Board Meeting Minutes
Monday, April 8, 2019, 1:30 p.m.
Conference Room of the Wakulla County Public Library
4330 Crawfordville Hwy, Crawfordville FL 32327

Board Members present: Marilyn Lewis, Nancy Wideman, Ellen Ashdown, Sharon Rider, Chuck Hess, Gene Hall. Others Present: Pat Gilleland, Robyn Drummond, Natalie Binder.

Marilyn called the meeting to order at 1:30 p.m. She asked if there were any additions or corrections to the agenda, and there were none, so she proposed to shift the agenda so that New Business could come first and Richard Powell could go ahead and present the audit.

New Business:

Richard then outlined the procedures used to conduct audits of government entities, reminded the Board that WILD is classified as a Special District of the State of Florida, and said that all Special Districts are required to have an annual audit conducted.

Richard went through the amounts of cash on hand, depreciation of assets, accrued liabilities, and total revenue vs expenditures. He said WILD had not only lived within its means during this fiscal year, but had $30,000 in excess revenue to add to its fund balance, leaving the organization with five months of operating expenses in reserve. He reviewed the required information about FRS pension liabilities, talked about communication with agency officials, and complimented the state of WILD’s financial records, saying it was definitely to WILD’s advantage to have a CPA on staff. Richard wrapped up his presentation by saying WILD was in excellent financial health, as there were no deficiencies in internal controls, no noncompliance, no findings, and no evidence of financial emergency or deteriorating financial conditions. Sharon moved to approve the audit, Ellen seconded the motion, and the motion was approved.

Old Business:

Since a new Board member was in attendance for the first time, Marilyn asked everyone to introduce themselves. After introductions were made, the Board approved the minutes as distributed. Marilyn asked Pat for any comments on the Financial Report. Pat said there had been no unanticipated expenses and that there was nothing unusual to report; the fiscal year is 50% completed and all expense categories except the two that involve prepayment (subscriptions and postage) are under their budgeted amounts. Sharon moved to approve the Financial Report, Ellen seconded, and the motion passed.

Pat then went through the Director’s Report, commenting on several areas. WILD has finally received its grant payment for the State Aid to Libraries program from the State Library. Pat attended the Senior Coffee Hour program at JCPL and was impressed by Terez Washington’s presentation and implementation of the program. She also attended the Wakulla Chamber meeting this month and ended up sitting next to one of the physicians who coordinated the Mobile Mammogram Unit outreach in Franklin County. The physician commented on how helpful the Library had been in providing space and publicity for the unit and for the outreach program. Pat and Jonathan and Robyn attended Florida Library Day at the State Capitol. After serving on the Board for two years, Pat has been elected President of the Panhandle Library Access Network’s Governing Board. WILD’s subscription to the Chilton Auto Repair Database continues to be very popular with patrons, with use increasing 81% over the past year. Last but not least, she complimented the Powell & Jones auditors and expressed appreciation for how easy they have been to work with during the auditing process.

Directors Reports:

FCPL: Lisa could not attend the meeting due to illness, so Pat read her report. Eastpoint staff member Whitney Nixon returned from maternity leave on April 1, and Eastpoint staff member Stephanie Gaylor returned to work March 25 after emergency gallbladder and stone surgery in February. Master Gardener Demo Garden beds have been planted at both Eastpoint and Carrabelle. The Seed Library Checkout Program is available at both branches. Free AARP Tax Aide ends Thursday April 11, and they had a very successful tax season. They celebrated Dr. Seuss Day, March 1 at both branches. They had a great turnout and a lot fun. The Cat in the Hat showed up at the Carrabelle Branch for the story time. One of the Eastpoint customers, Nancy, made special cookies (she bought cookie cutters just for the occasion) donating the cookies to the library. She made Thing 1 & 2 shirts, Cat in the hat cookies, blue, green, and yellow fish, and green eggs & ham decorated cookies. Children’s author Jane Hawkins read her first book, A Truck Named Tony, to children in March. All children’s and teen programs are experiencing attendance growth. A few additional programs for teens will be added soon at the Carrabelle branch. New Adult Coloring and Book Chats are being reviewed as possible additional programs for the Carrabelle Branch. Eastpoint will start a bi-monthly story time for ages 6 and under on the second and fourth Thursdays at 10:30, with retired school media specialist and volunteer Ms. Brenda. The Friends of the Library held the 2016 Putt Masters Tournament at the Red Pirate in Eastpoint on Saturday, April 6. Eleven teams competed. First place was won by the Gym Rats, second place went to Grip It and Sip It, and Manley’s Winners won third place. Dave Daly won the Most Holes in One trophy for 3 holes in one and the lowest total score of 35. Net proceeds are still being tallied. The Mobile Mammogram will return to Carrabelle, Saturday May 4, from 9:00 a.m. to 2:00 p.m.

JCPL: Natalie said they have had quite a bit of programming going on this Spring. The Literacy Alliance has been sponsoring the monthly ABC-123 program, which involves a special dinner for families with accompanying literacy activities for all ages. The events have become very popular, with attendance averaging around 50-60 people. The children have the opportunity to spend time with their parents in a structured environment designed to benefit everyone in the family. They are getting ready for the upcoming Summer Reading Program, and are making arrangements for performers. They have a mobile planetarium and several other special events already scheduled as well. Therapy dogs are coming to the Library on a once a month basis. JCPL has also received their State Aid to Libraries payment, and had the pleasant surprise of receiving an amount higher than anticipated. The tax preparation service has been very busy. They had a Glow In The Dark party for children over Spring Break, as well as an Escape Room with seven puzzles for the children to decode. The children had to sign up, because only five could be in the room at a time, and the staff rotated sitting outside in order to answer questions or give hints. All of the participants ended up solving the puzzles and received a certificate of completion.

WCPL: Robyn said WCPL had designed and set up a permanent Escape Room that will accomodate six people in the WILD Office, with the theme being changed out every two months. They have created a schedule for it based around the times that staff are available to staff the room, and the room has stayed permanently booked. They have had all ages use the room, and every time they change the theme the entire Girl Scout Troop comes through it. Robyn is planning to schedule Boy Scout groups in it in the future. Robyn, Rebecca, and Heather brought a group of parents and preschoolers to the Capitol for Florida Library Day for a program where Heather read the This Book Just Ate My Dog by Richard Byrne to the children on the steps of the Old Capitol. Afterwards they took the children on a tour of the Observation Deck in the New Capitol. Over one hundred children attended their Dr. Seuss’ Birthday party with themed food and games. The Friends of The Library Masquerade Ball took place during the same week. It is still a small event but attendance has been growing. Heather has also added a Friday Free Play program to provide preschoolers with opportunities to improve socialization skills. The Mobile Library program is still slowly growing, and they hopefully will be able to add an additional stop at the park in Wakulla Station soon. The annual Peeps Bonfire/S’mores Roast will take place in Hudson Park this Friday night, with an accompanying free concert presented by the Thomas University Jazz Ensemble. Their annual “May the 4th Be With You” celebration will be on May 3rd this year. They are also in the midst of Summer Reading plans. Planning for the big Halloween festival is beginning. Their goal this year is to increase attendance from 5,000 to 6,000 people.

Marilyn asked if there was any further business to discussed. Pat said she would not be able to attend the next meeting if it was held on the scheduled date in August because of a family conflict, and wondered if the Board would approve shifting the meeting to September. The Board agreed, and the next meeting will be held on Monday, September 9, 2019. Pat also wanted to recognize Nancy Wideman’s service to the Board, and presented Nancy with a card since she is in the process of moving to Leon County.

With no further business, Marilyn adjourned the meeting at 2:40 p.m.

Financial Report 8/31/2019

Year to Date
Actual
Year to Date
Budget
Year to Date
Variance
Revenues
State Grant $              323,458.00 $              323,458.00 0.00 100%
Interest Income 44.19 0.00 44.19 100%
State Aid roll-over 0.00 125,217.00 (125,217.00) 0%
Total Revenues 323,502.19 448,675.00 (125,172.81) 72%
Expenses
Salaries 119,086.33 144,200.00 (25,113.67) 83%
OPS (Salaries) 0.00 2,000.00 (2,000.00) 0%
FICA 9,159.29 11,031.00 (1,871.71) 83%
Retirement 17,674.38 23,000.00 (5,325.62) 77%
Health Insurance 16,248.50 19,200.00 (2,951.50) 85%
Workers Compensation 488.25 1,200.00 (711.75) 41%
Unemployement 0.00 95,779.00 (95,779.00) 0%
Professional Services 7,527.35 9,000.00 (1,472.65) 84%
Contractual Expenses 600.00 11,707.00 (11,107.00) 5%
Travel 6,130.19 13,000.00 (6,869.81) 47%
Communications 5,759.06 7,300.00 (1,540.94) 79%
Postage 9,304.85 10,000.00 (695.15) 93%
Rent 14,750.00 18,100.00 (3,350.00) 81%
Insurance 4,608.25 7,600.00 (2,991.75) 61%
Maintenance 4,072.79 4,000.00 72.79 102%
Other Expenses 548.50 3,000.00 (2,451.50) 18%
Office Supplies 637.01 1,000.00 (362.99) 64%
Operating Supplies 22,794,54 23,705.00 (910.46) 96%
Subscriptions / Memberships 4,413.12 5,500.00 (1,086.88) 80%
Equipment 6,491.09 23,353.00 (16,861.91) 28%
Books and Materials 10,475.81 15,000.00 (4,524.19) 70%
Total Expenses 237,974.77 448,675.00 (210,700.23) 53%
Net Income $                85,527.42 $                         0.00 85,527.42

Administrator Report

June – August 2019

Meetings Attended:

• Multiple WILD Directors Meetings
• Wakulla County Budget Development Workshop
• Wakulla County Public Budget Hearing
• Panhandle Library Access Network Board Meeting
• Monticello-Jefferson County Chamber of Commerce
• Meeting with 2020 Census area representative

Other Events Attended:

• American Library Association Annual Conference in Washington, D.C. along with Robyn Drummond
• ABC-123 Family Literacy Program at Jefferson County Public Library
• STEAM (Science-Technology-Engineering-Art-Math) program at Jefferson County Public Library
• STEAM program at Wakulla County Public Library
• Jonathan McCaughan attended the Google Cloud Workshop put on by the State Department of Business and Professional Regulation
• Jonathan McCaughan attended Disaster Collaboration Workshop in Panama City
• Farewell reception for Lisa Lance, Franklin County Public Library
• Farewell reception for Pam Mueller, Wakulla County Public Library
• Wakulla County Open Enrollment Fair

Other Activities of Note:

• Assisted Franklin County County Administrator and Franklin County Finance Director with preparing and submitting 2019-20 State Aid Application
• Assisted Franklin County Public Library with grant application for a Panhandle Library Access Network grant
• Conducted Board Member Orientation for Julianne Shoup Dinkel
• Prepared Wilderness Coast 2019-20 State Aid to Libraries Grant application
• Worked with Accountant and Auditor to Clarify and Revise Budget Format

Statistics 6-1-2019 to 8-31-2019:

Physical Items Circulated – Down 7% from same period in 2018. Carrabelle is only location with an increase (+11.9%)
Electronic Items Circulated – Up 18.1% from same period in 2018
IT Assistance Requests – 95
Mango Languages Database – 20 sessions
Chilton’s Auto Repair Database – 65 sessions

Reminder:

The next WILD Board Meeting will be on Monday, October 14, 2019. See you there!

WILD Proposed Budget 2019-2020

 

Revenue State Aid to Public Libraries Grant 321,455
Expenses Description Amounts
Salaries Admin, Systems Adm, Acct, PT Adm Asst. 148,526
OPS If needed 2000
FICA 7.65% of salaries 11,362
Retirement Rate set by State 23,000
Health Insurance Allow for Rate Increase 22,034
Worker’s Comp No change in rate 1,200
Prof. Services Audit $4999, Payroll Processing $3000 8,500
Cont. Expenses Wakulla Cty-$1200, Bywater-$7150 8,500
Travel W/in WILD-$5000, Conf Attendance $3000, Bd Mileage-$1000 9,000
Communications Centurylink (DSL Internet for office) – $2400, Comcast (cable Internet for server) -$2160, Verizon (phones) – $2000) 7,300
Postage Courier Service – $10,200, Stamps/shipping – $1000 11,200
Rent $1475/mo includes utilities 18,000
Liab/Prop Ins Allow for Rate Increase 7,000
Maintenance Copier – $1800, Overdrive platform maintenance $2500 5,000
Other Expenses Printing/notices – $1000, Conf Registrations – $1500 3,000
Office Supplies Including shredding/disposal 1,000
Oper. Supplies Movie Licensing – $1300, VIPRE (antivirus) – $1700, Print Mgmt – $1800, Chilton – $2000, Mango Languages – $3100,  Accounting software – $850, Web Filter-$3840 15,500
Subscriptions & Memberships FLA – $125, ALA – $600, ARSL – $75, FASD – $175, PLAN – $3000, Mont Chamber – $125, Wakulla Chamber – $125, Ap Bay Chamber – $125, Carrabelle Chamber – $125, Mont News – $60, Wakulla News – $60, Ap Times – $60, Library Journal – $200 4,900
Equipment Computers, Network 4,000
Books For Overdrive e-library 10,433
Total 321,455

State Aid Grant Agreement 2019-2020

STATE AID TO LIBRARIES GRANT

AGREEMENT BETWEEN

THE STATE OF FLORIDA, DEPARTMENT OF STATE

AND

Wilderness Coast Public Libraries for and on behalf of

Wilderness Coast Public Libraries

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 Wilderness Coast Public Libraries for and on behalf of Wilderness Coast Public Libraries, hereinafter referred to as 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 in the amount specified on the “Fiscal Year 2019-20 State Aid to Libraries Final Grants” document (which is incorporated as part of this Agreement and entitled Attachment B). The Division has the authority to administer this grant in accordance with Section 257, Florida Statutes. By reference, the application and any approved revisions are hereby made a part of this agreement.

In consideration of the mutual covenants and promises contained herein, the parties agree as follows:

  1. Grant Purpose. This grant shall be used exclusively for the “State Aid to Libraries Grant,” the public purpose for which these funds were appropriated.
  2. The Grantee shall perform the following Scope of Work

In accordance with Sections 257.17-257.18, Florida Statutes, the Grantee shall receive a grant amount that is calculated and based upon local funds expended during the second preceding fiscal year for the operation and maintenance of the library. For this grant, the local expenditures shall have been made during the period
October 1, 2017 – September 30, 2018.

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, 2017 through June 30, 2020. 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 to materials, information and services for all residents of the area served; and
  • 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.
  1. 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 grant award for the period October 1, 2017 through June 30, 2020. The Grantee will:
    • Have expended funds to provide free library service during the period
      October 1, 2017 – September 30, 2018;
    • Provide an Expenditure Report and certification of Local Operating Expenditures for the period October 1, 2017 – September 30, 2018 only;
    • 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;
    • Provide the Certification of Credentials for the Single Administrative Head; and
    • Provide a Certification of Hours, Free Library Service and Access to Materials.
  1. Grant funds shall be used for the operation and maintenance of the library. The allowable budget categories are: Personnel Services (salaries, wages, and related employee benefits provided for all persons employed by the reporting entity whether on full-time, part-time, temporary, or seasonal basis); Operating Expenses (expenditures for goods and services which primarily benefit the current period and are not defined as personal services or capital outlays); Non-Fixed Capital Outlay (outlays for the acquisition of or addition to fixed assets); and Other (other operating expenditure categories in the library budget).
  2. Length of Agreement. This Agreement covers the period of October 1, 2017 through June 30, 2020, 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, 2017) and concludes with the end of the State of Florida’s current fiscal year (June 30, 2020).
  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, 2017 – September 30, 2018) 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.
  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:

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: 850.245.6643

Email: marian.deeney@dos.myflorida.com

For the Grantee:

Pat Gilleland, Central Administrator

Wilderness Coast Public Libraries

Post Office Box 551

Monticello, Florida 32345

Phone: 850.997.7400

Email: pat@wildernesscoast.org

  1. Grant Payments. The total grant award shall not exceed the amount specified on the “Fiscal Year 2019-20 State Aid to Libraries Final Grants” document (Attachment B), which shall be paid by the Division in consideration for the Grantee’s minimum performance as set forth by the terms and conditions of this Agreement. Payment will 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 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.

  1. 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 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.
  2. Financial Consequences. The Department shall apply the following financial consequences for failure to perform the minimum level of services required by this Agreement in accordance with Sections 215.971 and 287.058, Florida Statutes:

The Department shall require the return of the award in a prorated amount based upon the percentage of time that the library failed to perform the minimum level of services. The prorated reduction will be in the same percentage as the percentage of time that the library was not providing minimum level of services.

  1. 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:

“This project 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.”

  1. Non-allowable Grant Expenditures. The Grantee agrees to expend all grant funds received under this agreement solely for the purposes for which they were authorized and appropriated. Expenditures shall be in compliance with the state guidelines for allowable project costs as outlined in the Department of Financial Services’ Reference Guide for State Expenditures (dated February, 2011), incorporated by reference, which are available online at com/Division/AA/Manuals/Auditing/Reference_Guide_For_State_Expenditures.

Grant funds may not be used for the purchase or construction of a library building or library quarters.

  1. 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.
  2. Unobligated and Unearned Funds and Allowable Costs. In accordance with Section 215.971, Florida Statutes, the Grantee shall refund to the State of Florida any balance of unobligated funds which has been advanced or paid to the Grantee. In addition, funds paid in excess of the amount to which the recipient is entitled under the 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) (myfloridacfo.com/Division/AA/Manuals/Auditing/Reference_Guide_For_State_Expenditures), incorporated by reference.
  3. 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.
  4. 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 nine months of the close of its fiscal year.
  5. Retention of Accounting Records. Financial records, supporting documents, statistical records and all other records, including electronic storage media pertinent to the Project, shall be retained for a period of five (5) fiscal years after the close-out of the grant and release of the audit. If any litigation or audit is initiated or claim made before the expiration of the five-year period, the records shall be retained for five fiscal years after the litigation, audit or claim has been resolved.
  6. Obligation to Provide State Access to Grant Records. The Grantee must make all grant records of expenditures, copies of reports, books, and related documentation available to the Division or a duly authorized representative of the State of Florida for inspection at reasonable times for the purpose of making audits, examinations, excerpts and transcripts.
  7. Obligation to Provide Public Access to Grant Records. The Division reserves the right to unilaterally cancel this Agreement in the event that the Grantee refuses public access to all documents or other materials made or received by the Grantee that are subject to the provisions of Chapter 119, Florida Statutes, known as the Florida Public Records Act. The Grantee must immediately contact the Division’s Contract Manager for assistance if it receives a public records request related to this Agreement.
  8. 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 must be resolved before a grant award agreement may be executed and before grant payments for any OCHIP grant may be released.
  9. Accounting Requirements. The Grantee must maintain an accounting system that provides a complete record of the use of all grant funds as follows:
  10. The accounting system must be able to specifically identify and provide audit trails that trace the receipt, maintenance and expenditure of state funds;
  11. 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 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;
  12. 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;
  13. The name of the account(s) must include the grant award number;
  14. The Grantee’s accounting records must have effective control over and accountability for all funds, property and other assets; and
  15. 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).
  16. 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.
  17. The Subgrantee will not use any grant funds for lobbying the state legislature, the state judicial branch or any state agency.
  18. 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.
  19. Grantee’s Subcontractors. The Grantee shall be responsible for all work performed and all expenses incurred in connection with this Agreement. The Grantee may subcontract, as necessary, to perform the services and to provide 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) for all expenses and liabilities incurred under its subcontract(s). The Grantee 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.
  20. The Division will not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor may the Grantee exclude liability for its own acts, omissions to act or negligence to the Division.
  21. The Grantee shall be responsible for claims of any nature, including but not limited to injury, death and property damage arising out of activities related to this Agreement by the Grantee, its agents, servants, employees and subcontractors. The Grantee shall indemnify and hold the Division harmless from any and all claims of any nature and shall investigate all such claims at its own expense. If the Grantee is governed by Section 768.28, Florida Statutes, it shall only be obligated in accordance with this Section.
  22. 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.
  23. The Division shall not be liable for attorney fees, interest, late charges or service fees, or cost of collection related to this Agreement.
  24. The Grantee shall be responsible for all work performed and all expenses incurred in connection with the project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities, provided that such subcontract has been approved in writing by the Department prior to its execution and provided that it is understood by the Grantee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract.
  25. Strict Compliance with Laws. The Grantee shall perform all acts required by this Agreement in strict conformity with all applicable laws and regulations of the local, state and federal law. For consequences of noncompliance, see Section 18, Noncompliance.
  26. No Discrimination. The Grantee may not discriminate against any employee employed under this Agreement or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap, pregnancy or marital status. The Grantee shall insert a similar provision in all of its subcontracts for services under this Agreement.
  27. Breach of Agreement. The Division will demand the return of grant funds already received, will withhold subsequent payments and/or will terminate this agreement if the Grantee improperly expends and manages grant funds; fails to prepare, preserve or surrender records required by this Agreement; or otherwise violates this Agreement.
  28. Termination of Agreement. The Division will terminate or end this Agreement if the Grantee fails to fulfill its obligations herein. In such event, the Division will provide the Grantee a notice of its violation by letter and shall give the Grantee fifteen (15) calendar days from the date of receipt to cure its violation. If the violation is not cured within the stated period, the Division will terminate this Agreement. The notice of violation letter shall be delivered to the Grantee’s Contract Manager, personally, or 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 completed in accordance with this Agreement prior to the notification of termination if the Division deems this reasonable under the circumstances. Grant funds previously advanced and not expended on work completed in accordance with this Agreement shall be returned to the Division, with interest, within thirty (30) days after termination of this Agreement. The Division does not waive any of its rights to additional damages if grant funds are returned under this Section.
  29. Preservation of Remedies. No delay or omission to exercise any right, power or remedy accruing to either party upon breach or violation by either party under this Agreement shall impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default or any similar breach or default.
  30. Non-Assignment of Agreement. The Grantee may not assign, sublicense or otherwise transfer its rights, duties or obligations under this Agreement without the prior written consent of the Division, which shall not unreasonably be withheld. The agreement transferee 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.
  31. Required Procurement Procedures for Obtaining Goods and Services. The Grantee shall provide maximum open competition when procuring goods and services related to the grant-assisted project in accordance with Section 287.057, Florida Statutes.
    1. Procurement of Goods and Services Not Exceeding $35,000. The Grantee must use the applicable procurement method described below:
  32. Purchases Up to $2,500: Procurement of goods and services where individual purchases do not exceed $2,500 do not require competition and may be conducted at the Grantee’s discretion.
  33. 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.
  34. 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.
  35. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest described in Sections 112.311 through 112.326, Florida Statutes and affirms that it will not enter into or maintain a business or other relationship with any employee of the Department of State that would violate those provisions. The Grantee further agrees to seek authorization from the General Counsel for the Department of State prior to entering into any business or other relationship with a Department of State Employee to avoid a potential violation of those statutes.
  36. Binding of Successors. This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligations of the Division of Library and Information Services.
  37. Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Grantee is considered a violation of Section 274A (a) of the Immigration and Nationality Act (8 USC 1324(a) (as of April 2019)), incorporated by reference. If the Grantee knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement.
  38. 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.
  39. 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.gov (as of April 2019)), incorporated by reference).
  40. 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.
  41. Entire Agreement. The entire Agreement of the parties consists of the following documents:
  42. This Agreement
  43. Florida Single Audit Act Requirements (Attachment A)
  44. Fiscal Year 2019-20 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:

By: _________________________________

Chair of Governing Body or

Chief Executive Officer

____________________________________

Typed name and title

_____________________________________

Date

____________________________________

Clerk or Chief Financial Officer

____________________________________

Typed name and title

____________________________________

Date

Department of State:

By:  _________________________________

_____________________________________

Typed name and title

_____________________________________

Date

_____________________________________

Witness

_____________________________________

Date

 

ATTACHMENT A

FLORIDA SINGLE AUDIT ACT REQUIREMENTS

AUDIT REQUIREMENTS

The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or monitoring by the Department of State as described in this Addendum to the Grant Award Agreement.

Monitoring

In addition to reviews of audits conducted in accordance with 2 CFR 200, Subpart F – Audit Requirements, and section 215.97, Florida Statutes (F.S.), as revised (see Audits below),  monitoring procedures may include, but not be limited to, on-site visits by Department of State 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.

  1. A recipient that expends $750,000 or more in federal awards in its fiscal year must have a single or program-specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F – Audit Requirements. Exhibit 1 to this agreement lists the federal resources awarded through the Department of State by this agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the 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 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 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 (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.myfloridacfo.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 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:
    1. The Department of State at each of the following addresses:

Office of Inspector General

Florida Department of State

  1. A. Gray Building, Room 114A

500 South Bronough St.

Tallahassee, FL 32399-0250

    1. 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.

  1. 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:
    1. The Department of State at each of the following addresses:

Office of Inspector General

Florida Department of State

  1. A. Gray Building, Room 114A

500 South Bronough St.

Tallahassee, FL 32399-0250

    1. The Auditor General’s Office at the following address:

Auditor General

Local Government Audits/342

Claude Pepper Building, Room 401

111 West Madison Street

Tallahassee, Florida 32399-1450

  1. 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.
  2. 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.

 

EXHIBIT – 1

FEDERAL RESOURCES AWARDED TO THE RECIPIENT

PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:

Not applicable.

COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED

PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:

Not applicable.

STATE RESOURCES AWARDED TO THE RECIPIENT
PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:

MATCHING RESOURCES FOR FEDERAL PROGRAMS:

Not applicable.

SUBJECT TO SECTION 215.97, FLORIDA STATUTES:

Florida Department of State, State Aid to Libraries Grant.

CSFA Number. 45.030.

Award Amount: See Attachment B.

COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:

The compliance requirements of this state project may be found in Part Four (State Project Compliance Requirements) of the State Projects Compliance Supplement located at https://apps.fldfs.com/fsaa/.

 

ATTACHMENT B

[Fiscal Year 2019-20 State Aid to Libraries Final Grants]

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