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Resolution 266-1989 '" RESOLUTION NO. 266 -1989 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO APPROVE THE LIBRARY SERVICES AND CONSTRUCTION ACT GRANT AGREEMENT BETWEEN MONROE COUNTY AND THE FLORIDA DEPT. OF STATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is hereby authorized to approve the Library Services and Construction Act grant agreement between Monroe County and the Florida Dept. of State, a copy of same being attached hereto, concerning community information referral centers. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on this J-3,.,L day of dj , 1989, A.D. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By /IlI~#/~ Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk --LJA"~1,~.L ~R~rlf~:CY' By Attorney's Office I WliL 'WtlNOW \!lJ '.i;VO 9 v: L 'd L - Nnr 68. udU..;JC .J..).) U.llU PROJECT NUMBER DL I S - 89- I -11- F FLORIDA LONG-RANGE PROGRAM FOR LmRARY SERVICE LmRAR Y SERVICES AND CONSTRUCTION ACT GRANT AGREEMENT AGREEMENT made and entered into this day of , in the year 19 BETWEEN the State of Florida, Department of State, Division of Library and Information Services and the SUBG RANTEE: Board of County Commissioners of Monroe County, for and on behalf of the Monroe County Public Library the PROJECT: Community Information Referral Centers the GRANT AMOUNT: Twelve thousand dollars ($12,000) released in two payment(s) to be expended on or before September 30, 1990 WITNESSETH WHEREAS, the DIVISION, as administrator of federal funds provided through the Library Services and Construction Act, as amended, under the plan of operation approved by the U. S. Secretary of Education, is desirous of providing a grant; and WHEREAS, a project has been proposed to and approved by the DIVISION as provided for in the Florida Long-Range Program for Library Service; WHEREAS, the SUBGRANTEE agrees to meet all requirements of the Long-Range Program for Library Service; NOW, THEREFORE, the parties hereto agree as follows: I. The SUBGRANTEE agrees to: 1 a. Administer all funds granted to it by the DIVISION to carry out the project as described in the project proposal submitted to and approved by the DIVISION. b. Expend all grant funds received under this Agreement solely for the purposes of the project and repay to the DIVISION any and all funds not thus expended. c. Provide the DIVISION with statistical, narrative, financial and other evaluative reports as requested. d. Retain for a period of at least five (5) years and make available all financial and programmatic records, 'supporting documents, statistical records and other records for the project should the DIVISION deem it necessary in order for it to meet its obligation for administration of federal funds. e. Use adequate fiscal authority, control, and accounting procedures that will assure proper disbursement of, and accounting for federal project funds; and maintain complete financial records for all matters relating to this Agreement. f. Have an audit of financial operations performed by an independent auditor, including compliance with provisions of federal law and regulation in 34 CPR 74.61,74.62 and 34 CPR, Part 74, Appendix G. ,: '. . ~ g. Comply with Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq" which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving Federal financial assistance. h. Comply with Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving federal financial assistance. i. Comply with Title IX of the Education Amendments of 1972, as amended, 20 D.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving federal financial assistance, j. Comply with the Age Discrimination Act of 1975, as amended, 42 D.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving federal financial assistance. k. Comply with the provisions of the Hatch Act which limit the political activity of employees. 1. Comply with the standards of conduct for public officers and employees as set forth in section 112.313, Florida Statutes. m. Give the DIVISION or th e Comptroller General through any authorized representa tive the access to and the right to examine all records, books, papers, or documents related to the grant. II. The DIVISION agrees to: a. Provide a grant in accordance with the terms of this Agreement in the amount and frequency as stated above in consideration of the SUBGRANTEE's performance hereinunder, and contingent upon funding by the U,S. Departm ent of Education. b. Provide professional advice and assistance to the SUBGRANTEE as needed, in implementing and evaluating the project. c. Review the project during the grant period to assure that adequate progress is being made toward achieving the project goals. III. The SUBGRANTEE and the DIVISION mutually agree: a. This Agreement may be cancelled by either party, with or without reason, by giving 30 days written notice. In case of cancellation, only amounts accrued to the date of cancellation shall be due and payable. b. All Federal and State laws and regulations applicable to this Agreement and the funds granted herein shall be observed by both parties to this Agreement. c. No amendment to this Agreement shall be effective unless reduced to writing and signed by the parties hereto. d. This Agreement may be unilaterally cancelled by the DIVISION for refusal by the SUBGRANTEE to allow public access to pertinent books, documents, papers, or other records subject to the provisions of Chapter 119, Florida Statutes, and made or received by the SUBGRANTEE in conjunction with this Agreement. e. This Agreement shall be deemed to have been executed and entered into within the State of Florida and any dispute arising hereunder shall be governed by the laws of Florida. f. Any provision of this Agreement in violation of the laws of the State of Florida shall be ineffective to the extent of such violation, without invalidating the remaining provision of this Agreement. g. Unless authorized by law and agreed to in writing by the Florida Department of State, the Department shall not be liable to pay attorney fees, interest, late charges and service fees and/or costs of collection. h. No delay or omission to exercise any right, power or remedy accruing to either party upon breach or default 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 thereafter. i. Bills for fees, services or other expenses shall be maintained in detail sufficient for a proper preaudit and postaudit thereof. , , j. Bills for any travel expenses will be maintained in accordance with Section 112.061, Florida Statutes. ',' k. If any copyrightable material is developed in the course of or under this Agreement, the DIVISION shall have a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the work for State or Federal government purposes. 1. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. IV. This Agreement shall be effective upon execution. v. Any modifications or attachments to this Agreement are enumerated below. WITNESSETH: THE SUBG RANTEE THE DIVISION Barratt Wilkins, Director Division of Library and Information Services Department of State, State of Florida Signature of Authorized Official Michael H. Puto Mayor of the Board of COl.mty Connnis- sioners of Monroe Cmmty, Florida Typed Name and Title of Authorized Official (SEAL) Witness Attest: Witness Clerk ~Jftft;:' BV A.toMe(e GiIit 3