Board Meeting Materials – 2020, August 10


Board Meeting Materials – August 10, 2020

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 FY 20-21 Budget
Take me to the Annual Plan 20-21
Take me to the State Aid Agreement
Take me to the CARES application

Agenda

Wilderness Coast Public Libraries
Serving Franklin, Jefferson, and Wakulla Counties
WILD Governing Board Meeting
MONDAY, August 10, 2020 at 1:30 p.m.
at the Wakulla County Public Library
4330 Crawfordville Highway, Crawfordville, FL 32327

  • Changes to Agenda

OLD BUSINESS:

  • Minutes from the May 2020 meeting-vote
  • Financial Report-vote
  • Administrator Report -Pat Gilleland

NEW BUSINESS:

  • Proposed FY 21 Budget-Vote
  • FY 21 State Aid to Public Libraries Agreement-Vote
  • FY 21 CARES Act Grant Application-Vote
  • Interview procedures for Central Administrator applicants-Chuck and Pat

Other Business

  • Franklin, Jefferson, and Wakulla Director Reports

Adjournment

Next Meeting will be September 9, 2020 at WCPL at 1:30 p.m.

Enclosures:

  • Agenda 8-10-2020
  • Financial Statement – August 2020
  • Minutes- May 2020 Meeting
  • Administrator Report – May-July 2020
  • Proposed Budget FY 21
  • FY 21 State Aid Agreement
  • FY 21 CARES Act Grant Application

Minutes 5/11/2020

Wilderness Coast Public Libraries
Serving Franklin, Jefferson, and Wakulla Counties
Governing Board Meeting Minutes
Monday, May 11, 1:30 p.m.
Via Zoom
Conference Room of the Wakulla County Public Library
4330 Crawfordville Hwy, Crawfordville FL 32327

Board Members present: Chuck Hess, Marilyn Lewis, Ellen Ashdown, Bert Boldt. Others Present: Pat Gilleland, Natalie Binder, Robyn Drummond, Whitney Roundtree, Richard Powell, Keith Dean.

Chuck called called the meeting to order at 1:30 p.m. Richard Powell of Powell & Jones audit firm was introduced. The agenda order was switched so that Richard could make his presentation of the annual audit at the beginning of the meeting. Pat mentioned that she had forgotten to add appointment of a Board Personnel Committee to the agenda, so the item was added to the agenda as New Business.

Richard Powell presented the financial audit for FY 19. He outlined the annual financial position of Wilderness Coast, and stated that the only change in the net financial position is due to the State’s recent requirement to report net pension liabilities in this section. There were no findings, income and expenditures were basically equivalent to the previous year, and the organization has a fund balance of $152,628. Chuck asked Richard’s opinion as to whether WILD has sufficient fiscal controls in place. Richard replied that WILD had good fiscal controls because the organization contracted with a CPA to serve as bookkeeper and monitor finances. Pat and the Board Members thanked Richard for his firm’s work and Richard left the meeting.

Old Business:

Ellen asked that the first paragraph of the minutes be amended to reflect the correct percentages for two months expenses, and the minutes were approved as corrected.  Chuck asked for any comments about the financial report. Pat commented that the only unusual expense at this time is that a large percentage of the book budget has already been spent on ebooks because users have not been able to physically come to the library during the COVID-19 crisis. Ellen asked about the additional $28,545 that WILD had received from the State, and Pat said those funds could not be spent until the Board authorizes WILD to do so. Ellen moved to accept the financial report, Marilyn seconded, and the motion was approved.  Pat went over the highlights of the Administrator Report. Staff Development Day in February went very well, and the presenter had good rapport with the attendees. Her topic was very timely and concentrated on dealing with compassion fatigue. Due to problems related to the State Library shutdown, Pat ended up picking up the State Aid checks for member libraries and physically taking the payments to them. We have a new Board Member, Danielle Sprague, who is the Agriculture and Forestry specialist for Jefferson County IFAS Extension Service. She will begin serving on the Board in August. The ebook checkout statistics have quadrupled during the COVID-19 shutdown. The staff have spent a great deal of time during the past two months trying to figure out how to keep a unified system running when each county is operating under different constraints and timetables.

New Business:

WILD was appropriated an additional $28,545 by the State. This amount is in addition to our approved budget amount, so the Board needed to approve a Budget amendment in order for it to be spent. Pat requested approval to put those funds into the Books and Materials category and spend the entire amount on purchasing additional ebooks for the joint Cooperative collection. Ellen asked the Directors if they felt like the entire amount should go to ebooks, and they concurred. Bert moved to approve the budget amendment, Marilyn seconded the motion, and the motion was approved.  Chuck expressed concern that renewing the lease for the Administrative Office would tie the incoming new Administrator to keeping the office in Jefferson, and Pat reminded everyone that there was an option in the lease to vacate the premises with sixty days notice.  Chuck asked for volunteers to be on a Personnel Committee to help guide the search for Pat’s replacement since she is retiring in December. Pat will work with the Committee members to write up an ad and advertise the position before the next Board Meeting in August. Bert volunteered and he and Chuck will comprise the Committee.

Directors Reports:

Wakulla: Robyn reported that WCPL was closed completely for two weeks and since then they have been open for curbside service. They still managed to circulate 947 physical items and 1357 ebooks, so they have still been serving a good number of people. They have been working on behind-the-scenes projects. They have written a plan for staged reopening which has been approved by the County.  They have produced a series of videos on Facebook to reach their virtual audience, including virtual storytime and how-to instructional videos.

Jefferson: Natalie said they have also been doing a great deal of digital programming for their patrons. They have spearheaded the purchase of streaming videos through Overdrive. They are still waiting on the latest audit so have not been able to access their State funding, but will hopefully receive their audit soon. They are planning to use their State funding to purchase ebooks and to improve outside seating at the library. They have set up a books by mail program in the place of curbside service. Chuck and Bert asked questions about the postage rate and whether Jefferson is using the Postal Service’s book rate program.

Franklin: Whitney began her report from the point when she took over as Interim Director in February. FCPL’s new employee, Mary Whitesell, has started working at both locations and is fitting in well. At the beginning of March they installed five interior surveillance cameras at the Carrabelle location. Both libraries have been closed to the public, but staff have been continuing to report to work. They have been providing curbside service and have been working on collection and maintenance projects. They were forced to suspend the Music As A Second Language program for the rest of the year, but the students who lost their slots this year will be given priority slots for next year. They had the carpet cleaned at both locations in April, and have been providing virtual STEAM and Storytime programs using Facebook Live and Zoom. Whitney borrowed Robyn’s staged reopening plan and is adapting it for FCPL. They plan to reopen to the public at 25% capacity on Monday, May 18. Staff will be meeting tomorrow to review the plan. They will encourage utilizing curbside service as long as possible.  Allowable computer time will be reduced to 30 minutes per patron. They are trying to determine whether they will be doing virtual or in person summer reading activities, and are exploring both options.

Pat commented that Interlibrary Loan will not be offered at any of the locations until the State restarts the statewide courier service, and so far there has not been any communication from the State regarding a startup date. As soon as the courier service is restarted, all the libraries will begin transferring items between locations again.

Ellen complimented the Directors and said they had all been doing a great job. Bert discussed how his business had been functioning during the shutdown, and talked about the Commission reopening the beaches. Chuck expressed his appreciation for Franklin reopening the beaches and how that had affected Wakulla County.

With no further discussion, and a reminder that that the next meeting will be on August 10, 2020, Chuck adjourned the meeting at 2:15 p.m.

August Financial Statement
Compared with Budget
For the Ten Months Ending July 31,2020

Year to Date
Actual
Year to Date
Budget
Revenues
State Grant $              350,000.00 $              321,455.00 109%
Interest Income 2.61 0.00 100%
Total Revenues 350,002.61 321,455.00 109%
Expenses
Salaries 113,075.44 148,526.00 76%
OPS (Salaries) 0.00 2,000.00 0%
FICA 8,650.38 11,362.00 76%
Retirement 17,374.19 23,000.00 76%
Health Insurance 14,040.96 22,034.00 64%
Workers Compensation 502.50 1,200.00 42%
Professional Services 7,499.05 8,500.00 88%
Contractual Expenses 600.00 8,500.00 7%
Travel 3,840.42 9,000.00 43%
Communications 5,153.34 7,300.00 71%
Postage 10,302.48 11,200.00 92%
Rent 13,275.00 18,000.00 74%
Insurance 5,202.75 7,000.00 74%
Maintenance 1,223.78 5,000.00 24%
Other Expenses 946.98 3,000.00 32%
Office Supplies 820.38 1,000.00 82%
Operating Supplies 11,310.53 15,500.00 73%
Subscriptions / Memberships 4,730.39 4,900.00 97%
Equipment 148.65 4,000.00 4%
Books and Materials 30,033.38 38,978.00 77%
Total Expenses 248,730.60 350,000.00 71%

Administrator Report

May-July 2020

Meetings Attended:

  • WILD Directors Meeting (2)
  • FLA Directors Meeting (2)
  • State Library Directors Meeting
  • WILD Board Meeting
  • PLAN members Meeting
  • PLAN Directors Meeting
  • Panhandle Koha Libraries Meeting

 

Other Events Attended:

  • Wakulla Virtual Storytime
  • Franklin STEM program
  • Jefferson STEM program
  • Wakulla County benefits webinar
  • Continuing education webinar through PLAN

Other Activities of Note:

  • Delivered audit to Auditor General and Department of Financial Services
  • Filed AFR with Department of Financial Services
  • Posted advertisement for Central Administrator position
  • Worked with Wakulla on CARES Act grant application
  • Continued orientation of Franklin County Director

Statistics 5-1-20 – 7-31-20:

Physical Items Checked Out – 10,795 (down 63% over 2019)

Electronic Items Checked Out – 5,926 (up 79% over 2019)

Reminder:

The next WILD Board Meeting will be on Monday, September 9, 2020. See you there!

FY 20-21 Budget

REVENUE WILD Budget 20-21
STATE AID 20-21  $              350,000
TOTAL  $               350,000
EXPENSES
120 SALARIES 148,526
130 OPS 2000
210 FICA/MEDICARE 11,362
220 RETIREMENT 23,000
230 HEALTH 22,034
240 WORKERS COMP 1,200
310 PROFESSIONAL SERV. 8,500
340 CONTRACTUAL 8,500
400 TRAVEL 9,000
410 COMMUNICATIONS 7,300
410 POSTAGE 11,200
440 RENT 18,000
450 INSURANCE 7,000
460 MAINTENANCE 5,000
490 OTHER 3,000
510 OFFICE SUPPLIES 1,000
520 OPERATING SUPPLIES 15,500
540 SUBS & MEMB 4,900
640 EQUIPMENT 4,000
660 BOOKS/MATERIALS 38,978
TOTAL EXPENSES 350,000

WILD Annual Plan of Service and Budget 2020-21

  The Annual Plan of Service and Budget is an outline of the cooperative’s focus of activities during the year. The Plan supports the goals, objectives, and action plan from the Cooperative’s Long-Range Plan. The activities outlined in the Annual Plan of Service are supported by the cooperative’s budget as indicated. All activities are tentative due to the uncertainty precipitated by the COVID-19 pandemic and the fluctuating State and County restrictions which the pandemic has precipitated.

Goals and Objectives

Goal # 1: Libraries in the Cooperative will provide access to networked resources, hardware, software, and technology training required to meet the needs of the public.

  • Libraries will provide access to computers and essential software necessary to meet the informational and recreational needs of the public.
  • Libraries will continue to provide technology education opportunities for library patrons on both a formal and informal basis.
  • Libraries will maintain library workstations and peripheral equipment and replace equipment as needed.
  • The Cooperative Office staff will continue to make recommendations to library directors regarding investing in new technologies and purchasing new equipment.
  • In conjunction with the County libraries, The Cooperative Office will continue to coordinate and fund subscriptions to selected online databases.
  • The Cooperative Office will continue to provide support in the areas of server maintenance, anti-virus protection, computer security and hardware repair, web site maintenance, and maintaining the Spiceworks IT ticketing system.

Goal # 2: Libraries in the Cooperative will continue to maintain and expand exemplary collections that meet the needs of their communities.

  • Libraries will continue to utilize standard reviewing sources and other collection development tools recommended by professional associations to build materials collections.
  • Libraries will continue to provide financial resources to develop and expand the Overdrive e-library collection.
  • Libraries will continue to consider patron requests and length of holds queues in determining collection needs and trends.
  • Libraries will continue to maintain collections in nontraditional formats as well as traditional print collections.
  • Libraries will continue to encourage and facilitate sharing of resources among member libraries in order to facilitate equitable access to collections.

Goal # 3: Libraries in the Cooperative will work to increase the number of patrons in the three-county area who utilize public library resources and services.

  • Libraries will coordinate planning and implementing library public awareness campaigns at local festivals and events.
  • Libraries will work with partner agencies such as correctional facilities, senior centers, and day care facilities to provide outreach services to patrons who are physically unable to come to the libraries.
  • Libraries will promote deposit collections and other outreach services to area schools, other educational organizations, and underserved communities.
  • Libraries will coordinate with Friends of the Library organizations and other library support groups in order to promote individual library events and programs.
  • Libraries will continue to advocate for public libraries with funding authorities and with other public officials at the local, regional, state and national level.
  • The Cooperative Office will continue to maintain active memberships in area Chambers of Commerce.

Goal # 4:  Libraries in the Cooperative will employ qualified staff members who are committed to providing high quality customer service.

  • Libraries will actively encourage staff to utilize technology training opportunities offered through PLAN, the State Library, and other related organizations.
  • Libraries will continue to provide in-house continuing education and in-service training for staff.
  • In conjunction with the Cooperative Office, libraries will provide opportunities for staff to attend state and national library-related conferences.
  • Libraries will provide opportunities for staff in similar positions at member libraries to develop relationships and exchange ideas.

Goal # 5: Libraries in the Cooperative will actively pursue supplementary funding opportunities as appropriate.

  • Libraries will continue to identify and apply for appropriate grant funding opportunities in order to improve services to citizens of their respective communities.
  • Libraries will promote Friends of the Library fundraising activities.

Goal #6: Libraries in the Cooperative will participate in internal and external resource sharing activities.

  • Libraries will work together to coordinate utilization of the shared Koha ILS system.
  • Libraries will continue work together to coordinate utilization of the shared State Library-sponsored and Cooperative Office-funded materials delivery system.
  • Libraries will provide patrons with continued access to online databases through locally purchased electronic resources as well as the Florida Electronic Library.

Goal # 7: Libraries in the Cooperative will provide reports to the Governing Board.

  • Libraries will provide the governing board with timely narrative reports of significant cooperative activities, library statistics, and individual library activities and programs.
  • In addition to the reports mentioned above, the Cooperative Office will provide the Governing Board with timely financial statements and annual updates.

Approved by the Wilderness Coast Governing Board on 8/10/2020.

State Aid Grant Agreement 2020-2021

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.
  1. 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/.

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