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06-GATES-29 10/20/2006 II" oIl11e IlrcUlllUIt Danny L. Kolhage Office (305) 292-3550 Fax (305) 295-3663 - Memorandwn To: Debbie Barsell, Director Community Services Division Attn. Norma Kula, Director of Libraries From: Isabel C. DeSantis, , 11 . Deputy Clerk ~ Date: Thursday, October 05, 2006 At the BOCC meeting of October 20, 2006, the Board approved the following: Filing of a grant application and agreement for State Aid to Libraries from the Florida Department of State, Division of Libraries and Information Services, and execution of same with the proper County authorities. Filing of a grant agreement for the Public Access Computing Hardware Upgrade Grant, from the Florida Department of State, DLIS, and the Bill and Melinda Gates Foundation, to upgrade or replace computers received through the original grant to the Monroe County Public Library in 1999. Enclosed please find five (5) duplicate originals executed by Monroe County for your handling. Please be sure that the sets marked Monroe County Clerk's Office Orll!1nal and Monroe County Finance Deoartment's Orle:lnal are returned to this office as quickly as possible. Should you have any questions, please do not hesitate to conltact this office. cc: Finance, wlo doc. County Attorney, memo only File &.---'"" D~:'~~O CC~l a~rt's om~ Cli'r."~' -. ~ ~ PROJECT NUMBER _06-Gates-28_ Florida Department of State, Division of Library and Information Services Bill and Melinda Gates Foundation Public Access Computing Hardware Upgrade Grant GRANT AGREEMENT AGREEMENT executed and entered into ()~. \'l '2. O~~ I ' BETWEEN the State of Florida, Department of State, Division of Library and Information Services, hereinafter referred to as the DIVISION, and the GRANTEE: Momoe County Board of County Commissioners for and on behalf of Momoe County Public Library System the PROJECT: Public Access Computing Hardware Upgrade Grant the GRANT AMOUNT: Twenty-two thousand five hundred dollars ($22,500) released in one equal advance payment on a date determined by the Division after consultation with the GRANTEE. The funds shall be expended on or before December 3 1,2006 for Priority I funds and December 31, 2008 for Priority 2 funds. Unless there is a change of address, any notice required by this agreement shall be delivered to the DIVISION, 500 South Bronough Street, Tallahassee, Florida 32399-0250, for the State, and to Momoe County Public Library System, 700 Fleming St., Key West, FL, 33040, for the GRANTEE. In the event ofa change of address it is the obligation of the moving party to notify the other party in writing of the change of address. The DIVISION, as administrator of state funds authorized under Section 257.192, Florida Statutes, is desirous of providing a grant. The GRANTEE agrees to meet all state requirements. The parties aglee as follows: I. The GRANTEE agrees to: a. Administer all funds granted to it by the DIVISION to carry out the Bill and Melinda Gates Foundation Public Access Computing Hardware Upgrade Grant project as described in the online Tech Atlas application and revisions submitted to and approved by the DIVISION. The application and revisions are incorporated by reference. b. Provide the DIVISION with statistical, narrative, financial and other evaluative reports as requested. c. Retain and make available to the DIVISION, upon request, all financial and progranunatic records, :mpporting documents, statistical records, and other records for the project. d. Retain all records for a period of 5 years from the date of submission of the final project report. Ifany litigation, claim, negotiation, audit or other action involving the records has been started before the ,expiration of the 5 year period, the records shall be retained until completion of the action and resolution ofall issues which arise from it, or until the end of the regular 5 year period, whichever is later. e. Payout all project funds on or before the project ending date. f. Use and maintain adequate fiscal authority, control, and accounting procedures that will assure proper disbursement of, and accounting for project funds. Page 1 of? g. Perform all acts in connection with this agreement in strict conformity with all applicable State laws and regulations. h. Not discriminate against any employee employed in the performance of 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 subcontracts for services by this agreement. i. Expend all grant funds received under this agreement solely for the purposes of the project. These fimds will not be used for lobbying the legislature, the judicial branch, or any state agency. j. In the event that the GRANTEE expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such grantee, the grantee 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. In determining the state financial assistance expended in its fiscal year, the grantee 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- tlrrough awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in part j., paragraph I, the GRANTEE shall ensure that the audit complies with the requirements of Section 2 15.97(8), Florida Statutes. This includes submission ofa 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. If the grantee expends less than $500,000 in state financial assistance in its fiscal year, an audit c;onducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the "vent that the grantee expends less than $500,000 in state fmancial 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 grantee's resources obtained from other than State entities). Jmormation related to the requirements of Section 215.97, Florida Statutes, (the Florida Single Audit Act) and related documents may be found at www.fsaa.state.fl.us. Copies of fmancial reporting packages required by this agreement shall be submitted by or on behalf of Ihe grantee directly to each of the following: l. The Department of State at the following addresses: Department of State Grants Office Division of Library and Information Services R. A. Gray Building, 2nd Floor 500 South Bronough Street Tallahassee, FL 32399-0250 2. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building III West Madison Street Tallahassee, Florida 32399-1450 Page 2 of? 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 ofthe GRANTEE's performance hereinunder, and contingent upon funding by dle State of Florida. The State of Florida's performance and obligation to pay under dhis agreement is contingent upon an annual appropriation by the Legislature and receipt of funds from the Bill and Melinda Gates Foundation. In the event that the funds on which this agreement is dependent are withdrawn, dhis agreement is terminated and the state has no further liability to the GRANTEE beyond that already incurred by the termination date. b. Provide professional advice and assistance to the GRANTEE as needed, in implementing and ,:valuating the project. c. Review the project during the grant period to assure that adequate progress is being made toward achieving the project objectives. III. The GRANTEE and the DIVISION mutually agree that: a. This instrunlent embodies the entire agreement ofthe parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and dhis agreement shall supersede all previous corrununications, representations, or agreements, either verbal or written, between the parties. No amendment shall be effective unless reduced to writing and signed by the parties. b. This agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this agreement. c. If any term or provision of the agreement is found to be illegal and unenforceable, the remainder of the agreement shall remain in full force and effect and such term or provision shall be deemed stricken. d. No delay or omission to exercise any right, power or remedy accruing to either party upon breach or default by either party under dhis 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. e. This agreement shall be terminated by the DIVISION because of failure of the GRANTEE to fulfill its obligations under the agreement in a timely and satisfactory manner unless the GRANTEE demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by the GRANTEE shall be determined by the DIVISION based on the terms and conditions imposed on the GRANTEE in this agreement and compliance with the program guidelines. The DIVISION shall provide GRANTEE a written notice of default letter. GRANTEE shall have 15 calendar days to cure the default. If the default is not cured by the GRANTEE within the stated period, the DIVISION shall terminate dhis agreement, unless the GRANTEE demonstrates good cause as to why it cannot cure the default within the prescribed tin1e period. For purposes ofdhis agreement, "good cause" is dermed as circumstances beyond the GRANTEE's control. In the event of termination of this agreement, the GRANTEE will be compensated for any work satisfactorily completed prior to the notification of termination, if equitable, as determined by the DIVISION. f. The DIVISION may require the GRANTEE to reinlburse the DIVISION for all of part of the grant funds, due to failure of the GRANTEE to abide by its obligations under dhis agreement. g. The Division shall unilaterally cancel this agreement if the GRANTEE refuses to allow public access to all documents or other materials suhject to the provisions of chapter 119, Florida Statutes. h. Bills for services or expenses shall be maintained in detail sufficient for proper preaudit and postaudit. 1. Any travel expenses must be maintained according to the provisions of Section 112.061, Florida Statutes. j. The DIVISION shall not be liable to pay attorney fees, interest, late charges and service fees, or cost of collection related to the grant. Page 3 of? k. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of the GRANTEE, its agents, servants or employees; nor shall the GRANTEE exclude liability for its own a'ots, omissions to act or negligence to the DIVISION. In addition, the GRANTEE hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the GRANTEE. I. The GRANTEE, other than a GRANTEE which is the State or agency or subdivision of the State, agrees to indemnify and hold the DMSION harmless from and against any and all claims or demands fI}r damages of any nature, including but not limited to personal injury, death, or damage to property, arising out of any activities performed under this agreement and shall investigate all claims at its own expense. m. 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 by the DNISION prior to its execution, and PROVIDED THAT it is understood by the GRANTEE that the DIVISION 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. n. Neither the State nor any agency or subdivision ofthe State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into this contractual relationship. o. The GRANTEE, its officers, agents, and employees, in performance of this agreement, shall act in the capacity of an independent contractor and not as an officer, employee or agent of the DIVISION. Under this agreement, GRANTEE is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment in the State Career Service. GRANTEE agrees to take such steps as may be necessary to ensure that each subcontractor of the GRANTEE will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the DNISION. p. The GRANTEE shall not assign, sublicense or otherwise transfer its rights, duties, or obligations under 1his agreement without prior written consent of the Department, which consent shall not be lmreasonably withheld. The agreement transferee must demonstrate compliance with the requirements of the program. If the Department approves a transfer of the GRANTEE's obligations, the GRANTEE remains responsible for all work performed and all expenses incurred in connection with the agreement. In the event the Legislature transfers the rights, duties, and obligations of the Department to another government entity pursuant to section 20.06, Florida Statutes, or otherwise, the rights, duties, and obligations under this agreement shall also be transferred to the successor government ,entity as if it were an original party to the agreement. q. This agreement shall bind the successors, assigns and legal representatives of the GRANTEE and of any legal entity that succeeds to the obligation of the DIVISION. r. When publications, films or similar materials are developed, directly or indirectly, from a program, project, or activity supported with grant funds, any copyright resulting therefrom shall be held by the Department of State. The author may arrange for copyright of such materials only after approval from the DIVISION. Any copyright arranged for by the author shall include acknowledgment of grant assistance. As a condition of grant assistance, the GRANTEE agrees to, and awards to the Department and to its officers, agents, and employees acting within the scope of their official duties, and if applicable, the Federal Government, a royalty-free, nonexclusive, and irrevocable license throughout the world for official pmposes, to publish, translate, reproduce, and use all subject data or copyrightable material based on such data covered by the copyright. IV. The term of this agreement will commence on the date of its execution and shall end upon successful completion of all obligations under this agreement by the GRANTEE; or this agreement may end upon its termination as described herein. Page 4 of? V. The following attachment to this agreement is a part of this agreement. Bill and Melinda Gates Foundation Public Access Computing Hardware Upgrade Grant Attachment. THE GRANTEE THE DIVISION Ju A. Ring, Director Di ision of Library and Informa on Services Department of State, State of Florida Charles "Sonnv" McCov. Mayor Typed Name "nd Title of Authorized Official ~~C.f0p ~ Witn~ q-7,O-OU '---J""'~ Witness ., . 1.-. " I. ~/~ ~~.L~ Witness MONROE COUNTY ATTORNEY APPR VEa!-S TO FORM: \ :i AN M, GRIMSL NT~~~~T!crl:ORNEY .:~i , , />'/ \~;<.L/"~,/ ,~Jf~"N' c. <OLHAGE CLERK . ._;; I.. PC. ~~ OF;PU1YCLER!' ' 3: ..... <=> 0 0 <=> .." Z ,... en r= ::0 :z C) 0(")2: n ,." fTlI-,:: -i 0 ;X -" ("). r W On' e co ~~~~ ;0 > ::0 -in r'- ::z: r'1 :< -J ::: ...,' )> C?:l n ,- c') C> )> ("n en ::0 N C1 Page 5 of? ATTACHMENT Bill and Melinda Gates Foundation Public Access Computing Hardware Upgrade Grant Monroe County Public Library System 06-Gates-28 VI. The GRANTEE agrees to: a. Purchase and install at least the number of computers listed below for each specified location. b. Priority 1 funding is provided in the amount of $22,500 to purchase at least 15 computers in the following facilities: Facility George Dolezal Branch Key Largo Branch Momoe County Public Library Minimum Number of Computers 5 5 5 Funding $7,500 $7,500 $7,500 Computers listed as Priority 1, must be purchased and installed no later than December 31, 2006. c. Priority 2 funding is provided in the amount of $ - 0 -to purchase at least - 0 - computers in the following facilities: Facility N/A Minimum Number of Computers -0- Funding -0- Computers listed as Priority 2, must be purchased and installed no later than December 31, 2008. d. All computers purchased must be used for public access computing. Funds cannot be used to purchase staff computers. e. If funds remain after the purchase of the number of computers for the locations listed, remaining funds must be used to purchase additional public access computers or other items as listed in part VI., paragraph f. Page 6 of7 f. Grant funds can be used to purchase computer hardware, including the following: CPU s, keyboards, mice, monitors, and audio peripherals (e.g. speakers and headphones), and computer software. g. Grant funds cannot be used to purchase the following: furniture, furnishings, r,cnovation offacilities, or additional peripherals (e.g. printers, networking equipment, projection devices or smart boards). Page 7 of7