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2016-50 State Aid to Libraries GrantRESOLUTION 2016-50 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE SUBMISSION OF AN APPLICATION FOR STATE AID TO LIBRARIES GRANT FUNDING; PROVIDING THE REQUIRED ASSURANCES AND CERTIFICATIONS; AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT; APPROVING AN ANNUAL PLAN OF SERVICES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 257, Florida Statutes, authorizes municipalities to file applications for State Aid to Libraries Grant Funding; and WHEREAS, the Village Council wishes to authorize the filing of an application for State Aid to Libraries Grant Funding, provide the required assurances and certifications necessary for the receipt of such funding, and approve the plan of services required as part of the application process; and WHEREAS, the Village Council determines that the adoption of this Resolution benefits the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing recitals are ratified and incorporated herein. Section 2. The Village Council authorizes members of Village Administration and the appropriate Village Officials to take all steps necessary to apply for and receive State Aid to Libraries Grant Funding, including filing of all required application forms, preparing the required supporting documentation, and executing the State Aid to Libraries Grant Agreement. Section 3. In support of the Village's application for a State Aid to Libraries Grant Funding, the Village Council hereby makes the following assurances and certifications: A. The Village of North Palm Beach is an eligible political subdivision; B. The Village of North Palm Beach is the single library administrative unit; C. The Village Council of the Village of North Palm Beach is the designated governing body to provide library services; D. The Library Director shall be the single administrative head employed by the Village with the authority to manage and coordinate the operations of the library and has an approved job description; E. The Library Director possesses an American Library Association accredited professional degree, and has at least two (2) years of full-time paid professional experience (after completion of the library education program) in a public library that is open to the public for a minimum of forty (40) hours per week; Page 1 of 2 F. All funds shall be centrally expended by the single administrative head and shall be part of the library's budget; G. The library shall extend borrowing privileges without charge to residents of all library service areas within Palm Beach County that receive State Aid to Libraries Grant Funding; H. The library shall provide free library services; I. The library shall participate with all libraries in Palm Beach County that receive State Aid to Libraries Grant Funding in joint planning for the coordination of providing library services to residents; and J. The library shall continue to be operated a minimum of forty (40) hours per week. Section 4. The Village Council hereby approves the annual plan of services attached hereto as Exhibit "A" and incorporated herein by reference and authorizes the submission of this document in support of the Village's State Aid to Libraries Grant Funding application. Section 5. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS 8T' -'DAY OF SEP (Village Seal) ATTEST: VILLAGE CLERK Page 2 of 2 FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES STATE AID TO LIBRARIES GRANT APPLICATION Certification of Credentials - Single Library Administrative Head The North Palm Beach Village Council governing body for the North Palm Beach Public Library hereby certifies that the incumbent single library administrative head, Zakariya M. Sherman (Name of incumbent) • Has completed a library education program accredited by the American Library Association; and • Has at least two years full-time paid professional experience, after completing the library education program, in a public library that is open to the public for a minimum of 40 hours per week. Signat e C ai ,' ary Governing Body Date David B. Norris, Mayor Name (typed) State Aid to Libraries Grant Certification of Credentials, Form #DLIS/SA03 Chapter 1 B -2.011(2)(a), Florida Administrative Code, Effective 4-10-2012 Exhibit "A" North Palm Beach Public Library Action Plan FY2016-2017 On October 1, 2016 the Library will begin its fourth year of a five year, long range plan. The goals and objectives for FY2016-2017 are listed below. Department Goal: Provide access to library resources and services in an environment that is convenient, user- friendly, and welcoming to all. Objectives: a. Assess all departmental signage, taking into account the types of signs, its location, language, and its design. 1. Reduce quantity and visual clutter. 2. Remove taped and handmade signs. 3. Eliminate signs with negative language; instead create signs with positive language to help encourage appropriate behavior. For example, Don't reshelve books could be Leave books on cart for counting and shelving. No Cell Phones could be Please Remember to Turn on Your Cell Phone When You Leave. 4. Signage should be ■ Consistent ■ Attractive ■ Pleasant; and ■ Help patrons find what they are looking for. b. Maintain, preserve, and enhance physical facility. 1. Create monthly safety, maintenance and appearance self -inspection checklist. ■ Appoint one full-time staff member to be responsible for the accuracy and timely completion of the checklist. 2. Encourage staff to report safety hazards. 3. Encourage staff to report potential building issues. c. Provide opportunities for staff to attend webinars, workshops anti conferences, and to participate in outreach. 1. Through the Southeast Florida Library Information Network (SEFLIN) 2. Palm Beach County Library Association 3 Florida Library Association (FLA); and 4. American Library Association (ALA) d. Explore personalized readers advisory and book/magazine delivery service for homebound or workbound residents. Homebound residents are usually those who cannot readily visit the library due to health, medical, or transportation issues. Workbound residents are usually those who cannot readily visit the library due to irregular work shifts or schedules. Examples include police, fire, emergency management personnel, and home care aides. e. Reduce Reference collection to free up one study table and one row of wall shelving to accommodate more seating and space for other collections. f. Establish library card sign up drives ■ In the computer lab for the use of our computers. ■ At Parks and Rec events. ■ At The Conservatory School. o To sign up every child. o If child has card we will update their information. o If child has card and owes fines we will waive fines/fees. o To encourage parents to bring their child to the library. o To encourage reading. o To encourage curiosity. ■ Through Outreaches. ■ Through partnerships with other entities. ■ At various community events. g. Explore ways to add more quiet, study space. h. Explore library interior redesign changes. Department Goal: Continue to develop and maintain a dynamic collection in all formats which meets the recreational, informational, and educational needs of the community. Objectives: a. Explore adding a new streaming video service to the collection due to Freegal Movies discontinuing their service on August 26, 2016. / b. Develop a weeding schedule to keep material current and appealing and to accommodate new acquisitions, and to increase checkouts. c. Review circulation polices and provide recommendations for 1. Loan periods and renewals. d. Review collection development policies. 1. Determine the future of Playaway collection and music CDs. 2. Discuss adding more graphic novels and Manga (Japanese style comics). 3. Discuss adding gaming collection (in Wii, Xbox, or PlayStation format). 4. Explore gaming collection database through Recorded Books. 2 Department Goal: Serve. the community as a cultural center and community center. Objectives: a. Review library bulletin board policy. 1. Develop procedures for approving, dating, posting and removing content. b. Develop closer partnership with The Conservatory School. ■ To develop more afterschool programs at the library (e.g. crafts, movies, Legos, Lego stop motion animations, gaming, maker programs). ■ To explore having parents sign permission slips for the allowal of their children to be escorted to the library for afterschool programming or events. ■ To encourage whole grades or classes to visit the library during school hours. ■ To explore the possibility of reading to students on their lunch breaks while they are eating. c. Encourage community groups to use the Thelma Obert Room as a community meeting place. d. Maintain an up-to-date calendar of programs offered at the library, both online and in print. e. Represent the library at community events. ■ By having a library representative attend the event, even if for part of the time. f. Explore maker spaces. g. Explore starting a Teen Advisory Board (TAB) group. h. Discuss having a One book, one community type of program in which ■ Every North Palm Beach resident reads the same book. ■ Programs at the library revolve around the One Book choice. ■ The author of the One Book facilitates a book discussion. i. Hold programs on hot button topics (like Zika) in a timely manner. Department Goal: Maintain and improve library technology to meet the technological needs of the community. Objectives: a. Maintain an up-to-date Library website. b. Replace all monitors in computer lab with 24 -inch widescreen monitors. c. Replace all floor PC towers with small desktop PC towers. ■ Small desktop PC towers should include USB and audio ports (for headphones). d. Investigate new software for PC registration. e. Investigate eliminating a number of public PCs in favor of adding more seating with nearby outlets to charge handheld devices. Department Goal: Increase the visibility of the Library in the community Objectives: a. Develop new partnerships with community organizations. ■ Visit area businesses on a regular rotation, taking library materials to leave in their waiting rooms and breakrooms. b. Participate in the 2017 Heritage Day Parade, Chili Cook Off, and other village events. c. Post on Facebook daily to stay relevant. ■ In addition to library related information and images, consider posting information and images relevant or pertinent to North Palm Beach or to North Palm Beach residents. d. Consider posting library event posters and flyers at other North Palm Beach locations in addition to Parks and Recreation and Village Hall. ■ Examples include the Marina and the North Palm Beach Chamber of Commerce. Department Goal: Ensure efficient governance and financial security of the North Palm Beach Library. Objectives: a. Provide Library Advisory board and Village Manager with monthly narrative reports of significant activities, including circulation and other library statistics. b. Research availability of grants. c. Encourage donations and memorials. d. Work closely with Friends group on fundraising events. ■ Book Sale ■ Author events ■ Bake Sale/Artisan Fair e. Create a review schedule of all library policies, fines and fees schedules, and update as needed. 2 f. Partner with IT to have all public PCs log off and shut down automatically at closing time.. g. Use reports in PC Cop to gather necessary statistics rather than have staff make checkmarks with pencil and paper to tabulate usage. h. Eliminate Demco book pockets and Demco multimedia clear pockets to save an estimated $33 per month in office supplies, plus staff time affixing pockets to materials. i. Create best practices manual/blog for our Library Management System (LMS) Sirsi and for circulation procedures. j. Explore Single Service Desk model. k. Develop minimum staffing level requirements for weekdays and weekends, for opening and closing, with the aim being to better utilize staff resources. 1. Explore new community partnerships to achieve common goals and to share costs. in. Install doorbell or buzzer at rear entrance to library for deliveries/donations. n. Install new fire extinguisher signs, possibly V-Shaped Projecting wall mounted units, to make extinguishers more visible. STATE AID TO LIBRARIES GRANT NOTIFICATION OF GRANT AWARD Recipient: North Palm Beach Public Library 303 Anchorage Drive North Palm Beach, Florida 33408 Zakariya Sherman, Library Director Fiscal Year 2016-17 Project Start Date: Upon execution of grant agreement PROJECT PROJECT # CSFA* # AWARD State Aid to Libraries Grant. 17 -ST -61 45.030 $21,137 *Catalog of State Financial Assistance Grant Payment The grant payment will be requested upon execution of the grant agreement. L. o son i D' ector lorLdf LibraWand Information Services 3 X17 Da e Florida Department of State, Division of Library and Information Services 500 South Bronough Street, Tallahassee, Florida 32399-0250, 850.245.6620 Project Number: 17 -ST -61 North Palm Beach Public Library Palm Beach County STATE AID TO LIBRARIES GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF STATE AND North Palm Beach Village Council for and on behalf of North Palm Beach Public Library This Agreement is by and between the State of Florida, Department of State, Division of Library and Information Services, hereinafter referred to as the "Division," and the North Palm Beach Village Council for and on behalf of North Palm Beach Public Library, 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 2016-2017 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. a) The Grantee shall perform the following Scope of Work as identified in Section 257.17, Florida Statutes: Manage or coordinate free library service to the residents of its legal service area. The Grantee shall: 1. Have a single administrative head employed full time by the library's governing body; 2. Provide free library service, including loaning materials available for circulation free of charge and providing reference and information services free of charge; 3. Provide access to materials, information and services for all residents of the area served; and 4. Have at least one library, branch library or member library open 40 hours or more each week. State Aid to Libraries Grant Agreement (Form DLIS/SA02) Page 1 of J Chapter 1 B -2.011(2)(a), Floricla Administrative Code, Effective 7-2016. b) The Grantee agrees to provide the following Deliverables related to the Scope of Work for payments to be awarded. Payment 1, Deliverable/Task 1: ■ Payment will be a fixed price in the amount of 100% of the grant award. The Grantee will have at least one library, branch library or member library open 40 hours or more each week. 2. Length of Agreement. This Agreement shall begin the date the agreement is signed by both the Grantee's Governing Body and the Division and continue until all grant funds have been expended, unless terminated in accordance with the provisions of Section 28 of this Agreement. 3. Expenditure of Grant Funds. The Grantee cannot obligate or expend any grant fields before the Agreement has been signed by all parties. No costs incurred after termination of the Agreement shall be allowed unless specifically authorized by the Division. 4. Contract Administration. The parties are legally bound by the requirements of this agreement. Each party's contract manager, named below, will be responsible for monitoring its performance under this Agreement and will be the official contact for each party. Any notice(s) or other communications in regard to this agreement shall be directed to or delivered to the other party's contract manager by utilizing the information below. Any change in the contact information below should be submitted in writing to the contract manager within 10 days of the change. For the Division of Library and information Services: Marian Deeney, Library Program Administrator Florida Department of State R.A. Gray Building Mail Station # 9D 500 South Bronough Street Tallahassee, Florida 32399 Phone: 850.245.6620 Facsimile: 850.245.6643 Email: marian.deeney@dos.myflorida.com For the Grantee: Zakariya Sherman, Library Director 303 Anchorage Drive North Palm Beach, Florida 33408 Phone: (561) 841-3373 Facsimile: (561) 848-2874 Email: zsherman@village-npb.org State Aid to Libraries Grant Agreement (Form DLIS/SA02) Page 2 of 9 Chapter 1 B -2.011(2)(a), Flor-ida Aclminisb•alive Code, Effective 7-2016. 5. Grant Payments. The total grant award shall not exceed the amount specified on the "Fiscal Year 2016-2017 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 a fixed price 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 finds transfer (EFT) to receive grant payments. All grantees wishing to receive their award through EFT must submit a Vendor Direct Deposit Authorization form to the Florida Department of Financial Services. If EFT has already been set up for your organization, you do not need to submit another authorization form unless you have changed bank accounts. To download this form visit myfloridacfo.com/Division/AA/Forms/DFS-A1-26E.pdf• The form also includes tools and information that allow you to check on payments. 7. Florida Substitute Form W-9. A completed Substitute Form W-9 is required from any entity that receives a payment from the State of Florida that may be subject to 1099 reporting. The Department of Financial Services (DFS) must have the correct Taxpayer Identification Number (TIN) and other related information in order to report accurate tax information to the Internal Revenue Service (IRS). To register or access a Florida Substitute Form W-9 visit flvendor.myfloridacfo.com/. A copy of the Grantee's Florida Substitute Form W-9 must be submitted by the Grantee to the Division with the executed Agreement. 8. Financial Consequences. The Department shall apply the following financial consequences for failure to perform the minimum level of services required by this Agreement in accordance with Sections 215.971 and 287.058, Florida Slatutes: Should the library fail to provide free library service to the public or to be open for at least 40 hours per week, it will no longer be eligible to receive State Aid to Libraries grant funding, and its funding will be reduced to zero. Payment will be withheld if Deliverables are not satisfactorily completed. 9. Credit Line(s) to Acknowledge Grant Funding. The Division requires public acknowledgement of State Aid to Libraries Grant finding for activities and publications supported by grant funds. Any announcements, information, press releases, publications, brochures, videos, web pages, programs, etc. created as pant 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: State Aid to Libraries Grant Agreement (Form DLIS/SA02) Page 3 of 9 Chapter I B-2.01 1(2)(a), Florida Administrative Cotte, Effective 7-2016. "This project has been funded under the provisions of the State Aid to Libraries Grant program, administered by the Florida Department of State's Division of Library and Information Services." 10. Non -allowable Grant Expenditures. The Grantee agrees to expend all grant fttnds 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, which are available online at myfloridaefo.com/aadir/referenceguide/. Grant fields may not be used for the purchase or construction of a library building or library quarters. 11. Travel Expenses. The Subgrantee must pay any travel expenses, from grant or local matching finds, in accordance to the provisions of Section 112.061, Florida Statutes. 12. 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 fttnds 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 finds only for allowable costs resulting from obligations incurred during the specified agreement period. Expenditures of state financial assistance trust be in compliance with the laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures. 13. Repayment. All refunds or repayments to be made to the Department under this agreement are to be made payable to the order of "Department of State" and mailed directly to the following address: Florida Department of State, Attention: Marian Deeney, Division of Library and Information Services, 500 South Bronough Street, Mail Station #91), Tallahassee, FL 32399. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Department for collection, Recipient shall pay to the Department a service fee of $15.00 or five percent (5%) of the face amount of the returned check or draft, whichever is greater. 14. Single Audit Act. Each grantee, other than a grantee that is a State agency, shall submit to an audit pursuant to Section 215.97, Florida Statutes. See Attaclunent 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 $500,000 in state financial assistance, it must submit a Financial Report on its operations pursuant to Section 257.41(3), Florida Statutes within nine months of the close of its fiscal year. 15. 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 - State Aid to Libraries Gant Agreement (Form DLIS/SA02) Page 4 of 9 Chapter 1 B -2.011(2)(x), Florida Adininisiralive Cocle, Effective 7-2016. year period, the records shall be retained for five fiscal years after the litigation, audit or claim has been resolved. 16. Obligation to Provide State Access to Grant Records. The Grantee must make all grant records of expenditures, copies of reports, books, 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. 17. 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. 18. Noncompliance. Any Grantee that is not following Florida statutes or rules, the terms of the grant agreement, Florida Department of State policies and guidance, local policies, or other applicable law or that has not submitted required reports or satisfied other administrative requirements for other Division of Library and Information Services grants or grants from any other Office of Cultural, Historical, and Information Programs (OCHIP) Division will be in noncompliance status and subject to the OCHIP Grants Compliance Procedure. OCHIP Divisions include the Division of Cultural Affairs, the Division of Historical Resources, and the Division of Library and Information Services. Grant compliance issues must be resolved before a grant award agreement may be executed and before grant payments for any OCHIP grant may be released. 19. Accounting Requirements. The Grantee must maintain an accounting system that provides a complete record of the use of all grant finds as follows: a) The accounting system must be able to specifically identify and provide audit trails that trace the receipt, maintenance and expenditure of state finds; b) Accounting records must adequately identify the sources and application of finds for all grant activities and must classify and identify grant finds by using the same budget categories that were approved in the grant application. If Grantee's accounting system accumulates data in a different format than the one in the grant application, subsidiary records must document and reconcile the amounts shown in the Grantee's accounting records to those amounts reported to the Division; c) An interest-bearing checking account or accounts in a state or federally chartered institution may be used for revenues and expenses described in the Scope of Work and detailed in the Estimated Project Budget; d) The name of the account(s) must include the grant award number; State Aid to Libraries Grant Agreement (Form DLIS/SA02) Page 5 of 9 Chapter I B -2.011(2)(x), Floricla Administrative Cocle, Effective 7-2016. e) The Grantee's accounting records must have effective control over and accountability for all fiends, property and other assets; and f) Accounting records must be supported by source documentation and be in sufficient detail to allow for a proper pre -audit and post -audit (such as invoices, bills and canceled checks). 20. Availability of State Funds. The State of Florida's performance and obligation to pay under this Agreement are contingent upon an annual appropriation by the Florida Legislature. In the event that the state funds upon which this Agreement is dependent are withdrawn, this Agreement will be automatically terminated and the Division shall have no further liability to the Grantee beyond those amounts already expended prior to the termination date. Such termination will not affect the responsibility of the Grantee wider this Agreement as to those fonds previously distributed. In the event of a state revenue shortfall, the total grant may be reduced accordingly. 21. Lobbying. The Subgrantee will not use any grant fiinds for lobbying the state legislature, the state j udicial branch or any state agency. 22. Independent Contractor Status of Grantee. The Grantee, if not a state agency, agrees that its officers, agents and employees, in performance of this Agreement, shall act in the capacity of independent contractors and not as officers, agents or employees of the state. The Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment by the State of Florida. 23. Grantee's Subcontractors. The Grantee shall be responsible for 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. 24. Liability. 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. a) The Grantee shall be responsible for claims of any nature, including but not limited to injury, death and property dannage 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 Slalules, it shall only be obligated in accordance with this Section. State Aid to Libraries Gant Agreement (Form DLIS/SA02) Page 6 of 9 Chapter I B -2.011(2)(a), Florida Adntinisiralive Code, Effective 7-2016. b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign immunity or increases the limits of its liability by entering into this Agreement. c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or cost of collection related to this Agreement. d) The 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 4-9 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 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 finds already received, will withhold subsequent payments and/or will terminate this agreement if the Grantee improperly expends and manages grant finds; 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 finds 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 tinder this Agreement shall State Aid to Libraries Grant Agreement (Form DLIS/SA02) Page 7 of 9 Chapter 1 B -2.011(2)(x), Floricla Administralive Code, Effective 7-2016. 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 Similes 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. a) Procurement of Goods and Services Not Exceeding $35,000. The Grantee must use the applicable procurement method described below: 1. Purchases Up to $2,500: Procurement of goods and services where individual purchases do not exceed $2,500 do not require competition and may be conducted at the Grantee's discretion. 2. Purchases or Contract Amounts Between $2,500 and $35,000: Goods and services costing between $2,500 and $35,000 require informal competition and maybe procured by purchase order, acceptance of vendor proposals or other appropriate procurement document. b) Procurement of Goods and Services Exceeding $35,000. Goods and services costing over $35,000 may be procured by either Formal Invitation to Bid, Request for Proposals or Invitation to Negotiate and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document. 32. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest described in Sections 112.311 through 112.326, Florida Statcltes 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. 33. 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. State Aid to Libraries Gent Agreement (Form DLIS/SA02) Page 8 of 9 Chapter 1 B -2.011(2)(x), Florida Adnrinislralive Code, Effective 7-2016. 34. Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Grantee is considered a violation of Section 274A (a) of the Lnmigration and Nationality Act. If the Grantee knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 35. Severability. If any term or provision of the Agreement is found to be illegal and unenforceable, the remainder will remain in full force and effect, and such term or provision shall be deemed stricken. 36. Americans with Disabilities Act. All programs and facilities related to this Agreement must meet the standards of Sections 553.501-553.513, Florida Statutes and the Americans with Disabilities Act of 1990. 37. Governing Law. This Agreement shall be construed, performed and enforced in all respects in accordance with the laws and rules of Florida. Venue or location for any legal action arising under this Agreement will be in Leon County, Florida. 38. Entire Agreement. The entire Agreement of the parties consists of the following documents: a) This Agreement b) Florida Single Audit Act Requirements (Attachment A) c) Fiscal Year 2016-2017 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. Date of Agreement: By: Chair of Governing Body or Chief Executive Officer David B. Norris, Mayor Typed name and title Clerk Melissa Teal, Village Cleric Typed name and title September 8, 2016 Date 7 Departn nt of State: kx By 611 ohnson, Director Typed Division of Library and Information Services Department of State, State/ of Florida Witness State Aid to Libraries Grant Agreement (Form DLIS/SA02) Page 9 of 9 Chapter 1 13-2.01](2)(a), Florida Administralive Code, Effective 7-2016. 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 Agreement. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, 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 OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of State." In the event the Department of State determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Department of State staff to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the Recipient expends $300,000 ($500, 000 for fiscal years ending after December 31, 2003) or more in Federal awards in its fiscal year, the Recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates 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 OMB Circular A- 133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part 1, paragraph 1, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the Recipient expends less than $300,000 ($500, 000 for fiscal years ending after December 31, 2003) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $300,000 ($500, 000 for fiscal years ending after December 31, 2003) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, 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). State Aid to Libraries Grant Agreement (Form DLIS/SA02) Page 1 of 5 Chapter 1B -2.011(2)(a), Florida Administrative Code, Effective 7-2016. PART II: STATE FUNDED This part is applicable if the Recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. 1. In the event that the Recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient (for fiscal years ending September 30, 2004 or thereafter), the Recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Department of State by this agreement. In determining the state financial assistance expended in its fiscal year, the Recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the Recipient expends less than $500,000 in state financial assistance in its fiscal year (for fiscal years ending September 30, 2004 or thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. State of Florida Department Financial Services (Chief Financial Officer) www.fldfs.com/ State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act) www.leg.state.fl.us/ State Aid to Libraries Grant Agreement (Form DLIS/SA02) Page 2 of 5 Chapter 1B -2.011(2)(a), Florida Administrative Code, Effective 7-2016. PART III: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section 320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following: A. The Department of State at each of the following addresses: Department of State Office of Inspector General R.A. Gray Building, Room 114A 500 S. Bronough St. Tallahassee, FL 32399-0250 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department of State for the reasons pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the Recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the Recipient's audited schedule of expenditures of Federal awards directly to each of the following: Department of State Office of Inspector General R.A. Gray Building, Room 114A 500 S. Bronough St. Tallahassee, FL 32399-0250 3. 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: A. The Department of State at each of the following addresses: Department of State Office of Inspector General R.A. Gray Building, Room 114A 500 S. Bronough St. Tallahassee, FL 32399-0250 State Aid to Libraries Grant Agreement (Form DLIS/SA02) Page 3 of 5 Chapter 1B -2.011(2)(a), Florida Administrative Code, Effective 7-2016. B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letter, or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Department of State for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. PART IV: RECORD RETENTION The Recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of State, or its designee, CFO, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department of State, or its designee, CFO, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of State. NOTE: Records need to be retained for at least five years to comply with record retention requirements related to original vouchers prescribed by the Department of State, Division of Library and Information Services, Bureau of Archives and Records Management. State Aid to Libraries Grant Agreement (Form DLIS/SA02) Page 4 of 5 Chapter 1B -2.011(2)(a), Florida Administrative Code, Effective 7-2016. 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. MATCHING RESOURCES FOR FEDERAL PROGRAMS: Not Applicable. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Florida Department of State, State Aid to Library Grants, CSFA Number 45.030 Award Amount: Listed on Attachment B, Fiscal Year 2016-2017 State Aid to Libraries Final Grants COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: As contained in the Compliance Supplement to CSFA Number 45.030. State Aid to Libraries Grant Agreement (Form DLIS/SA02) Page 5 of 5 Chapter 1B -2.011(2)(a), Florida Administrative Code, Effective 7-2016. ATTACHMENT B [Fiscal Year 2016-2017 State Aid to Libraries Final Grants] State Aid to Libraries Grant Agreement (Form DLIS/SA02) Page 1 of 3 Chapter 1B -2.011(2)(a), Florida Administrative Code, Effective 7-2016. Fiscal Year 2016-17 State Aid to Libraries Estimated Grants COUNTY/MUNICIPALITY OPERATING GRANT EQUALIZATION GRANT TOTAL GRANT ALACHUA $461,780 $461,780 BAKER $4,039 $48,057 $52,097 BAY $61,899 $61,899 BRADFORD $14,093 $334,551 $348,643 BREVARD $428,084 $428,084 BROWARD $1,586,744 $1,586,744 CALHOUN $8,400 $201,667 $210,066 CHARLOTTE $120,289 $120,289 CITRUS $87,880 $87,880 CLAY $71,967 $71,967 COLLIER $222,978 $222,978 COLUMBIA $27,224 $560,047 $587,272 DESOTO $5,202 $60,906 $66,107 DIXIE $3,184 $38,114 $41,298 DUVAL / JACKSONVILLE $872,672 $872,672 ESCAMBIA $139,593 $139,593 FLAGLER $29,946 $29,946 FRANKLIN $6,384 $74,413 $80,797 GADSDEN $14,219 $333,729 $347,948 GILCHRIST $2,840 $33,923 $36,763 GLADES $1,492 $17,839 $19,331 GULF $4,432 $51,933 $56,366 HAMILTON $10,651 $253,369 $264,019 HARDEE $5,981 $69,904 $75,886 HENDRY $14,451 $167,595 $182,046 HERNANDO $65,194 $560,047 $625,241 HIGHLANDS $19,739 $212,682 $232,420 HILLSBOROUGH * $1,023,708 $1,023,708 HOLMES $3,101 $37,183 $40,284 INDIAN RIVER $98,101 $98,101 JACKSON $10,159 $118,892 $129,050 JEFFERSON $5,581 $133,359 $138,940 LAFAYETTE $3,652 $87,972 $91,624 LAKE $193,737 $193,737 LEE $725,991 $725,991 5/18/2016 Page 1 of COUNTY/MUNICIPALITY OPERATING GRANT EQUALIZATION GRANT TOTAL GRANT LEON $182,831 $182,831 LEVY $9,136 $106,439 $115,574 LIBERTY $2,294 $55,299 $57,593 MADISON $12,616 $300,965 $313,581 MANATEE $187,582 $187,582 MARION $155,877 $155,877 MARTIN $112,922 $112,922 MIAMI-DADE $1,385,575 $1,385,575 MONROE $80,449 $80,449 NASSAU $28,517 $28,517 OKALOOSA $19,599 $19,599 OKEECHOBEE $7,988 $93,221 $101,210 ORANGE $986,676 $986,676 OSCEOLA $183,512 $183,512 PALM BEACH $1,172,663 $1,172,663 PASCO $159,389 $159,389 PINELLAS $809,423 $809,423 POLK $303,488 $303,488 PUTNAM $20,767 $231,506 $252,272 SAINT JOHNS $163,788 $163,788 SAINT LUCIE $97,846 $97,846 SANTA ROSA $56,734 $56,734 SARASOTA $291,605 $291,605 SEMINOLE $128,318 $128,318 SUMTER $66,877 $114,721 $181,598 SUWANNEE $30,101 $560,047 $590,149 TAYLOR $6,356 $74,724 $81,080 UNION $3,461 $83,386 $86,846 VOLUSIA $448,648 $448,648 WAKULLA $6,717 $79,353 $86,070 WALTON $22,339 $22,339 WASHINGTON $8,511 $202,122 $210,633 5/18/2016 Page 2 of 3 COUNTY/MUNICIPALITY OPERATING GRANT EQUALIZATION GRANT TOTAL GRANT ALTAMONTE SPRINGS $12,082 $12,082 BOYNTON BEACH $71,243 $71,243 DELRAY BEACH $63,080 $63,080 FORT MYERS BEACH $32,892 $32,892 HIALEAH $46,329 $46,329 LAKE PARK $7,196 $7,196 LAKE WORTH $13,394 $13,394 LANTANA $4,315 $4,315 MAITLAND $16,681 $16,681 NEW PORT RICHEY $32,898 $32,898 NORTH MIAMI $26,109 $26,109 NORTH MIAMI BEACH $19,374 $19,374 NORTH PALM BEACH $21,141 $21,141 OAKLAND PARK $17,081 $17,081 PALM SPRINGS $21,141 $21,141 RIVIERA BEACH $21,776 $21,776 SANIBEL $52,665 $52,665 WEST PALM BEACH $114,585 $114,585 WILTON MANORS $19,848 $19,848 WINTER PARK $80,146 $80,146 Total $14,201,968 $5,297,964 $19,499,932 Multicounty Grants HEARTLAND LIBRARY COOPERATIVE $450,000 NEW RIVER PUBLIC LIBRARY COOPERATIVE $325,061 NORTHWEST REGIONAL LIBRARY SYSTEM $350,000 PAL PUBLIC LIBRARY COOPERATIVE $350,000 PANHANDLE PUBLIC LIBRARY COOPERATIVE ** $325,293 SUWANNEE RIVER REGIONAL LIBRARY SYSTEM $350,000 THREE RIVERS REGIONAL LIBRARY SYSTEM $333,601 WILDERNESS COAST PUBLIC LIBRARIES $314,946 Total $2,798,902 Grand Total $22,298,834 * Temple Terrace is expected to receive funding as a part of the Hillsborough County Library Cooperative. ** In FY 2015-16, the Panhandle Public Library Cooperative had four member libraries. In FY2016-17, they will have three member libraries. 5/18/2016 Page 3 of 3