08-ST-38 09/19/2007
MEMORANDUM
To:
Deb Barsell, Director
Community Services Division
Attn:
Sandy Molina
From:
. l
Isabel DeSantis, Deputy Clerk y~'
September 25, 2007
Date:
At the BOCC meeting of September 19, 2007 the BOCC granted approval and authorized
execution of the following item:
Grant Application and agreement for State Aid to Libraries from the Florida Department
of State, Division of Library and Information Services, and execution of same with the
proper County authorities.
Attached hereto are four (4) duplicate originals of the subject document for your
handling. Please be sure that the sets stamped Monroe County Clerk's Office Original
and Monroe County Finance Department's Original are returned to my attention as
quickly as possible. Should you have any questions concerning this matter, please do not
hesitate to contact my office.
Cc: County Attorney
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Florida Department of State, Division of Library and Information Services
STATE AID TO LIBRARIES GRANT AGREEMENT
The Applicant (Grantee) MONROE COUNTY BOARD OF COMMISSIONERS
(Name of library governing body)
Governing body for MONROE COUNTY PUBLIC LIBRARY
(Name of library)
hereby makes application and certifies eligibility for receipt of grants authorized under
Chapter 257, Florida Statutes and guidelines for the State Aid to Libraries Grant Program.
I. The Grantee agrees to:
a. Expend all grant funds awarded and perform all acts in connection with this
agreement in full compliance with the terms and conditions of Chapter 257, Florida
Statutes, and guidelines for the State Aid to Libraries Grant Program. Funds will
not be used for lobbying the legislature, the judicial branch, or any state agency.
b. Provide the Division of Library and Information Services (DIVISION) with statistical,
narrative, financial, and other reports as requested.
c. 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.
d. Retain all records for a period of 5 years from the date of submission of the final
project report. If any 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 of all issues
which arise from it, or until the end of the regular 5 year period, whichever is
later.
e. 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-through awards and resources received by a nonstate
entity for Federal program matching requirements.
Project Number: 08...ST...38
Monroe County Public Library System
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In connection with the audit requirements addressed in part e., paragraph 1, the
Grantee shall ensure that the audit complies with the requirements of Section 2
15.97(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.
If the Grantee expends less than $500,000 in state financial assistance in its
fiscal year, an audit conducted in accordance with the provisions of Section
215.97, Florida Statutes, is not required. In the event that the grantee 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 grantee's resources
obtained from other than State entities).
Information 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 financial reporting packages required by this agreement shall be
submitted by or on behalf of the Grantee directly to each of the following:
A. 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
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
f. Identify an individual or position with the authority to make minor modifications to
the application, if necessary, prior to execution of the agreement.
II. The DIVISION agrees to:
a. Provide a grant in accordance with the terms of this agreement in consideration of
the Grantee's performance hereinunder, and contingent upon an annual
appropriation by the Legislature. In the event that the state funds on which this
agreement is dependent are withdrawn, this agreement is terminated and the
DIVISION has no further liability to the Grantee beyond that already incurred by
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the termination date. In the event of a state revenue shortfall, Operating Grants
shall be reduced in accordance with Section 257.195, Florida Statutes.
b. Notify the grantee of the grant award after review and approval of required
documents. The grant amount shall be calculated in accordance with Chapter
257, Florida Statutes and guidelines for the State Aid to Libraries Grant Program.
c. Distribute grant funds in two payments. The first payment will be requested by the
DIVISION from the Comptroller upon execution of the agreement. The remaining
payment will be made by June 30.
III. The Grantee and the DIVISION mutually agree that:
a. This instrument embodies the whole agreement of the parties. There are no
provisions, terms, conditions, or obligations other than those contained herein; and
this agreement shall supersede all previous communications, representation, or
agreements either verbal or written, between the parties. No amendment shall be
effective unless reduced in writing and signed by the parties.
b. The 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 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.
e. The DIVISION shall unilaterally cancel this agreement if the Grantee refuses to
allow public access to all documents or other materials subject to the provisions of
Chapter 119, Florida Statutes.
f. Unless authorized by law and agreed to in writing by the DIVISION, the DIVISION
shall not be liable to pay attorney fees, interest, or cost of collection.
g. 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 acts, 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.
h. The Grantee, other than a Grantee which is the State or agency or subdivision of
the State, agrees to indemnify and hold the DIVISION harmless from and against
any and all claims or demands for damages of any nature, including but not limited
to personal injury, death, or damage to property, arising out of any activities
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performed under this agreement and shall investigate all claims at its own
expense.
I. Neither the State nor any agency or subdivision of the State waives any defense of
sovereign immunity, or increases the limits of its liability, upon entering into a
contractual relationship.
J. 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 DIVISION.
k. The Grantee shall not assign, sublicense, nor otherwise transfer its rights, duties,
or obligations under this agreement without the prior written consent of the
DIVISION, whose consent shall not unreasonably be withheld. The agreement
transferee must demonstrate compliance with the requirements of the program. If
the DIVISION 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, or obligations of the Department to another governmental entity pursuant to
section 20.60, 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.
I. 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.
m. 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 Grantee shall be determined by the
DIVISION, based on the terms and conditions imposed on the Grantee in
paragraphs I and III of this agreement and guidelines for the State Aid to Libraries
Grant Program. 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 Grantee within the stated period, the DIVISION shall terminate this
agreement, unless the Grantee demonstrates good cause as to why it cannot cure
the default within the prescribed time period. For purposes of this agreement,
"good cause" is defined as circumstances beyond the Grantee's control. Notice
shall be sufficient if it is delivered to the party personally or mailed to its specified
address. In the event of termination of this agreement, the Grantee will be
compensated for any work satisfactorily completed prior to notification of
termination.
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n. Unless there is a change of address, any notice required by this agreement shall
be delivered to the Division of Library and Information Services, 500 South
Bronough Street, Tallahassee, Florida 32399-0250, for the State and, for the
Grantee, to its single library administrative unit. In the event of a change of
address, it is the obligation of the moving party to notify the other party in writing of
the change of address. '
IV. The term of this agreement will commence on the date of execution of the grant
agreement.
THE APPLICANT/GRANTEE
THE DIVISION
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Division of Library and Information Services
Department of State, State of Florida
Chair of Governing Body or
Chief Executive Officer
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