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Item C1BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 21, 2014 _ Division: Denutv County Administrator Bulk Item: Yes X No Department: Libr Services Staff Contact /Phone #: Norma Kula x7349 AGENDA ITEM WORDING: Approval of the filing of an amendment to the 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. ITEM BACKGROUND: The State Department of Financial Services has changed the grant agreement to implement new requirements added to Florida Statutes for grants and contracts. As a result of further clarification from DFS, the Division of Library and Information Services is required to amend the grant agreement before the payment can be processed. The original application and agreement was approved by the BOCC at the September, 2013, meeting, and a copy is attached. PREVIOUS RELEVANT BOCC ACTION: Board approved the original application at the September 17, 2013, meeting CONTRACT/AGREEMENT CHANGES: Changes made in the amendment to the agreement by the State are to define one specific deliverable, and to agree to distribute grant funds in one payment upon the receipt of the executed amendment. There are no new requirements added to the agreement beyond what libraries are already required to submit as part of the grant application, already approved. STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A INDIRECT COST; NIA BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: NIA COST TO COUNTY: NIA SOURCE OF FUNDS: State Grant REVENUE PRODUCING: Yes X No ��** , �AMOUNT PER Year S 82 187.00 APPROVED BY: County Atty - OMB/Purchl6 ng Risk Management 1 DOCUMENTATION: Included X Not Required_ 111I,yZ613a91$)� I Revised 7/09 AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: FL Dept. of State, DLIS Contract #14- ST-37 Effective Date: October 1, 2013 Expiration Date: September 30, 2014 Contract Purpose/Description: Annual funding providing State financial aid to the Monroe County LibLag System Contract Manager: Norma Kula 7349 Library / #23 (Name) (Ext.) (Department/Stop #) for BOCC meeting on May 21. 2014 Agenda Deadline: May 6, 2014 CONTRACT COSTS Total Dollar Value of Contract: $ 82,187.00 Current Year Portion: Budgeted? Yes® No ❑ Account Codes: - - - Grant: $ 82,187.00 - - - County Match: $ -00- - - - ADDITIONAL COSTS Estimated Ongoing Costs: $-OO-/yr For: (Not included in dollar value above) (e . maintenance, CONTRACT REVIEW Changes Date In Needed Reviewer Division Director Yes❑ No Risk Management`` Yes❑ No�� r m f - t O.M.B./Pura County Atton I Comments: OMB Form Revised 2/27/01 MCP #2 82,187.00 salaries, Date Out lyl PROTECT NUMBER: 14-ST-37 Florida Department of State, Division of Library and Information Services STATE AID TO LIBRARIES GRANT AGREEMENT AMENDMENT NUMBER 1 TO THE GRANT AGREEMENT AMENDMENT TO THE GRANT AGREEMENT BETWEEN the State of Florida, Department of State, Division of Library and Information Services, hereinafter referred to as the DIVISION, and the GRANTEE: Monroe County .Board of County Commissioners for and on behalf of Monroe County Public Library System the PROJECT: State Aid to Libraries Grant The parties entered into a grant agreement dated 2/ 10/2014, for implementation of a State Aid to Libraries Grant. The parties now mutually desire to amend certain terms and conditions of the grant agreement. In consideration of the covenants contained herein, it is agreed as follows: 1. All sections of the original grant agreement not specifically amended by this or a prior written amendment and all prior written amendments are hereby reaffirmed. 2. The grant agreement is hereby revised as follows: I. The GRANTEE agrees to: a. Provide the following as grant deliverables: Have at least one library, branch library or member library open 40 hours or more each week. 11. The DIVISION agrees to: c. To distribute grant funds in one payment. The payment will be requested by the DIVISION from the Chief Financial Officer upon execution of the amendment. 3. This amendment shall be effective upon execution. This amendment is executed and entered into WITNESSETH: 1169AUCTMIUM, Signature of Authorized Official Typed Name and Title of Authorized Official Witness Witness KNE] THE DIVISION Judith A. Ring, Directo Division of Library and Department of State, State of Florida Witness Witness Invoice for Payment Grantee: Monroe County Public Library System Project Number: 14-ST-37 Project Name: State Aid to libraries Grant Invoice Amount: $82,187 Dates of Service: October 1, 2013 — March 31, 2014 Deliverables: Have at least one library, branch library or member library open 40 hours or more a week. Documentation: Documentation showing that at least one library, branch library or member library is open 40 hours or more a week. l certify that the deliverable has been met. Name Norma Kula Name (typed) f Date Project Number: 14-ST-37 Monroe County Public Library System Monroe County Florida Department of State, Division of Libran7 and Information Services STATE All) TO LIBR-ARIES GRANT AGREEMENT The Applicant (GRANTEE) :,Monroe County Board of County Commissioners Governini:, body for Monroe Count- Public Library System hereby- makes application and certifies eligibility for receipt of grants authorized tinder Section 257. Norhiu Sta adder, and uidelines for the State Aid to libraries Grant Program. ,l he Division, as administrator of state funds provided under Section 257. Florh1a S"tttnaes, has approved an application fir State Aid to Libraries Grant funds submitted by the GRANTEE By reference. the application is hereby made a pats of this agreement. Grant l'ttrpose, `Phis grant shall be based Upon the following. scrape of work during Fiscal Year 201 1-2014: The single: library administrative unit, as an eligible political subdivision under 257.17 Eloricla Va utes, is responsible for managing or coordinating free library service to the residents of its library shall: 1. Have a sino.le administrative bead employed null time by the libran''s governin fg body: '. Provide free libran serAice, includin,o loanim) library materials available for circulationfree of charge. and providinE, reference and information services free of eltarge: Provide access it) materials. Hil'Ormation and services for all residents of the area served: and 4. l lave at least one library. branch library or member library operated by the library's governing body open 40 hours or more iach v+CCk. I lit parties a�.�ree as follows: I. The ORANTI-L aurees to: a. Prov ide the fiollc wlilo as grant deliverables: I . I -or payment number one: i. 't'he :rnt0unt ol' local funds expended during the second preceding local IISCal yc.ar fOr the operation and maintenance of the library and certification that the expenditures wc:rc for the opertttirnn and maintcnancc of the library. Or I)trl lT-MIt IIUIIIbUF t,to: 0`11Ic ,wdittl3tit �,as, done in accordance kvith the 1-cquir'rrl1c°nis ol` Sectiott 215.07. NoritiarStcrt111(,.±. C°lwpler IW550. Ruh,) W ilrc .luchtor° (wovral. i.irtd I-IdMillly z3cc:epted aIW)1rnting prirtcipfes. l�- I' Lill Lr�int tcurc)s farcleci oriel hert'01-111 ail acis ill CmIllection %�itl) this a;_>reenicill ill t1 li the ternls acid eoriditi0ill, 01'0MJ—)ter257. t luri&i St>ttrtes. and unildclines ((sr the St:ae raid to Lihi-11ries (-irGait Pro, -,ram. Page 1 of 7 ;Mato , 3 to L:brar es Grant Acreerrment Crppie, ifs-2 011(:2.)(a), Ftooa Adn,in,,strarrve Ccde, Effective xx-xx-xxxx c. �:xpend all grant funds received under this agreement solely for the purposes for which they were authorized and appropriated_ d. Provide tile: DIVISION with statistical. narrative. financial and ether evaluative reports as requested. e. Retain and make available to the DIVISION, upon request, all financial and programmatic records. supporting documents, statistical records. and other records far the projecl. f'. Retain all records for a period of five years from tite date of -submission of the final project report. If" any litigation. claim, negotiation, audit, or other action inyolvinc the records has been started before the expiration of the five year period, the records shall he retained until completion of the action and resolution ofall issuers which arise front it. or until the end ofthe regular five-year period. whichever is later. g. Establish and maintain a proper accounting system in accordance �a°ith generally accepted accounting procedures. To use and maintain adequate fiscal authority, control. and accounting procedures that will ensure proper disbursement of, and accounting .for, project funds. h. Perf€rrrn all acts in connection with this agreement in strict conformity with all applicable laws and regulations of the State of- Florida. agency. i. Hereby certif\, that it is cognizant of the prohibition of conflicts of interest described in Sections 1 12.11 1 tlnrat.tgh 1 12. 326, }°Iorhi(t .Stumty.:. and affirms that it will not enter into or maintain a business or other relationship with ant employee of the Department ol' State that would violate those provisions. The GRANTEL further agrees to seek authorization ... .... .. from (lie General C oumel ro .r.the EirStale prior to entering into any business or ether relationship .k ith a Deparimem of State employee to avoid a potential violation of' those statutes, k. Not discriminate against any employer employed in the performance of this agreement. or a:jainst ally applicant for employment because of race. colon, religion. gender, national origin, age. handicap, or marital status. The GRA' TFE' shall insert a similar provision in all subcontracts for services by this agreement. In tine event that the mrantes: expends a total amount of'statc financial assistance equal to or in execss ot'S500.000 ill an\, fiscal year of`such GRANTEE. tine grantee tlnust have a State sillude or audit IOr suih fiscal %ear in accordance m ith Section 21 -�.17, 1 Ycttielc� .StL!lNfL'.S: allplIUMC rules of the llepanment of Financial Services, and Chapters 10.550 (Ideal --oVernmental entities] or 10,050 (nonprofit and lor-profit orwall i ations). Ride:+ 0j t1IL' . frr(lillff 0030VI- In dem-mining tine stat4 financial assistance expended in its fiscal }ear. the (ill,%\ E ]_ shall consider all Sources of state financial a��istmlce. it cludini-, state timincial gissistnnce rccckCd firc,nt tilt 1)eparWIC111 rtf'Statc:o other suite Ligeml,'r. and Culler nollstate entitles. Slate hnLincial u,"'Istance does not include fedcral (Ill- cl or pass-titre=tt1-111 tlllGl rese)urcc:s received hya nonstaie elttit� 1'M I'ederal f3rc 4Wr urn IrtatcEtirt recluiri t�nents, ry® // �y[� /`Y�s ran �Ytr,, pace 2of 7 State �SE'.�i tc t-.tbranes Grant Aareei1 ent Criapter 1B-f 01 1(2)(a), Floida ;cimimstia!;ve Code. Effective xx-xx-xxxx In connection with the audit requirements addressed in part 1, paragraph I, the GRANTEE 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)(e),J lorida Statutes, and Chapters 10.550 (local aoverrimental entities) or I0.650 (nonprofit and for -profit organizations), Rides 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 tite 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 Stana es, 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 Stonates, (the Florida Single Audit. Act) and related documents may be found athttps.//al)ps.fldfs.ccmilfsaa. Copies of financial reporting packages required by this agreement shall be submitted by or on behalf of the GRANTEE directly to each of the followin.: The Department of State at the following addresses: Office of Inspector General ....... ..... __.__....--._..-.._._-_._m---_-._-_------ - Florida I7 artrnent cif 5ra1e R. A. Gray Building, Room 114A 500 South Bronough Street Tallahassee, Florida 32399-0250 2. The Auditor General's Office at the following address: Auditor General's Office Rooter 401, Pepper Building 1 I I West Madison Street Tallahassee, Florida 32399-1450 c. Identify an individual or position with the authority to make minor modifications to the application, if necessary, prior to execution of the agreement. 11. The DIVISION agrees: a. To provide a grant in accordance with the terms of this agreement in consideration of the GRANTEE's perfot-rntutce hereinunder, and contin�-lent upon funding by the Legislature.. The State of Florida's perforniance and obligation to pay under this agreement is Contingent t.tllon an anntttrl appropriation by the l.egislaturc, in the event that the State funds on which this agre..cment is dependent are withdrawn, this ageenient is tellilinated 'Etrid the state has no further liability to the GRANTEE beyond that already incurred by the termination date.. In the event of a state resvelme �hortf'all, the total grant may be reduc cd aC'L'Clfd9rt�l V. State Aid to l.iitraries Uant A,reernent t'sL:e 3 of 7 C.hr,ipter 1B-2,01 t €23( ). Ftarr'�lcr �trlr�ii�ri�trcrtirt� Cn:ie, lA eLti�e x.x h. To notify the grantee of the grant im and alter review and approval of required doC€tn3en1S. The �,�rant amount Shall be calculated in accordance with Chapter 257, Flor0 a .Stumies, and guidelines for the. State Aid to Libraries Grant Program. c. To distribute grant fiends in two payments. The first payment will be requested by the DIVISION From the Chief financial Officer upon execution of the agreement. The remaining payment wvill he made by June 30. d. That any balance of uncrbligated cash that has been paid to the grantee may be retained Im direct program casts in a suhsequent period. 111, The GRANTI-h and the DIVISION mutually agree that: a. ']'his instrutnent embodies the whole agreement of the: parties. '['here are no provisions, terms, conditions, or obligations ether than those contained herein; and this agreement shall supersede all previous com€13unications, 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 I=lorida, and shall be construed. perlorrned. and enforced in all respects in accordance with the laws and rules of the State of` Florida. Fach party shall perform its obligations hereunder in_accordance with the terms it conditions of this agreement. if any matter arising out of this Agreement becomes the subject oflitigation_ venue shall be in Lean County, c. lf'any term or provision of the agreement is found to be illegal and unenlorceyable:. the remainder of the agreement shall remain in fit[[ force and effect and such term or provision shall be deemed stricken. d, No delay or omission to excrc ise "aha right. porier, it either party upon breach or default by either party under this Agreement shall impair any such right, power. or remedy ofeither 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 agreemem 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 x4•hy it cannot fulfill its obligations. Satisfaction of obligu.ations b� GRANTEE shall he deternimed by the DIVISION, (rased on the terms and conditions imposed on the GRAN`ITY' in paragraphs I and III of this agreement and guidelines for the State Aid to Libraries Grant Program. 'Fhe DIV IS10Nr shall prm idc GRANTIa .' a written nertice o(default letter. GRANI`I'L: shall have 15 calendar dais to cure the delFtttlt. Ifthe dclault is not cured by GRANT LT. vs°ithin the stated period. the DIVISION shall terrItinate this unless the GRANTEE EE demonstrates g(re)d cause as 10 wlty it L:MM0t i;ure thy: default mthin the prescribed time period. For purposes of this ttrecn i nt. °`ur. od ctruse" is defin d as circum7 aances he%ond the GRAN FFIF's control. Notice° shrill be Sufficient if it is delis Bred tO J)IQ parts per'sottalk (r nrailed to its >l1ec1fed stddre5S. In the c,s4nt ol'tcr°minalion ol,this;wrecment_ the GR AN"I`H v,111 he ce31111enSUICd (i)r <tnn work SLttistiictorli\ conlpieted briar to n01iiic1'tti0r) t�f ice°n�inE�titrn. if ecitrit,rkle. Page 4of 7 State ;,id to Lnranes Grant Ag-eement Chapter =B-2 01!t2j( ), Florida Administrative Curie. Effective xx-xx-xxxx f: The DIVISION shall unilaterally, cancel this agreement in the event that the GRAN"I FF refuses to alloy,v public access to all documents or other materials made or received in regard to this agrcetmcnt that are subject to the provisions of Chapter 119. Florida tStutrrles. GRANTEE agrees to immediately contact the DIVISION Isar assistance in the event that it receives a public records rcduest related to this agreement or tile: grant tile it awards, g, The DIVISION shall not be liable to pay attorney fees. interest. late charges and service fees, or cost of collection related to the grant, 1), The DIVISION shall not assume any liability for the acts. omissions to act or nelfligence of the GRANTEL its agents. sertiams, 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 L The GRANTEE. other than a GRANTEE which is the State or agency or subdivision ofthe State. agrees to indemnitN and hold tilerrt DIVISION hatless from and against any and all claims or demands for darna<oes of any nature. including but not himited to personal injurN. death, or damage to property°. arising out of any activities performed under this agreement and shall investigate all claims at its own expense. ------ ---- ____-�j CIt�lN1=I Ilrali brrtporrsil�lc� ter allrtorlc�erfartrt4d :teed attItt=t3 �sTttilied ill ------ connection with the project. The GRANTEF 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 DIVISION. such approval not to be unreasonably withheld. and provided that it is understood by the GRANTEE1. that the DIVISION shall not be liable to the subcontractor Isar^ arty- expenses or liabilities incurred under the -subcontract and that the GRAN I I:A" shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. k. Neither the State nor any, agency or subdivision ofthe State waives ally, defense of sovereign immunity. or increases the limits Of its liabilin% upon entering into a contractual relationship. 'l he GRANTEE. its officers, agents, and employees. in periOrmance ofthis agreement, shall act in the capacity of art independent contractor and not as ,in officer. employee or at_)em of'the: DIVISION. l'nder this agreement. GRAN3�I�1 is not entitled to accrue any, benefit, of`state employment. itacludin�4 retirement benefits. and inv oilier rights or pri% ilexes connected mth eniplosntent in the State (' arcer Service. GR.ANTIT a�2rees tit take such steps as may be necessary to ensure that each subcontractor ol`thc GRANTEE will he dc•ermcd to be an independent contractor and will not be considered of permitted W he son 21-Mnt, ' e1_v',Ml 0ini �entrrrer. or partner chile DIVISION. Page 5of i State Aid to Lbraries Gran', Acreemert Chapter 1B-2 011(2}(a;. F7©o& AcJrrirrrstratwe Core Effective xx-xxmxxxx nt. The GRA:ti"I�I:I shall not tttisign. sublicense. nor otherwise transfer its rights, duties. or obligati0ns under this agreement without the prior written consent of the DIVISION. whose consent shall not unre Lsonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the program. If the DIVISION approves a translcr of tile: GRANTEF"s obligations. the GRAI\TpE remains responsible for all work performed and all expenses incurred in connection with the Agreement. In the event the Legislature transfers the ri`Fhts. duties. or oblioations of the Department to another governmental entity pursuant to Section 20.06, Flurhla,Statwes. or otherwise. the rights, duties. and obligations under this agrce:nlent shall also be transferred to the successor government entity as if it were an original party to the agreement. rt. This a-reement shall bind the successors. assigns. and legal representatives ofthe GRANTEE and of any legal entity that succeeds to the obligation of the DIVISION. o. The State of londa's perforniance and obligation to pay under this agreement is contingent .............. . upon an annual appropriation by the legislature. III the event that the state funds on which this agreemeni is dependent are withdrawn. this agreement is terminated and the DIVISION has no Further liability to the GRANTEE beyond that already incurred by the termination date. In the event of a state revenue shortfall, the total grant shall be reduced in accordance with Section 257.21, Florliln .�Iamtes. p. If the GRANTEE is in noncompliance with any term(s) of this grant agreement or arty other grant agreement with the Division of library and Information Services, the Division of l iistorical lZesources or the Division of C ultural Affairs. the Division may withhold grant pa}`rtIents until the GRANTEE conies into compliance. Violation of'a grant program recluiremetit, including but not limited to failure to submit grant reports and other grant documents. submission of incomplete arrant reports or other grant documents. or violation _.. ...... ..__... cif other grant agreement requirements: shall constitute a basis for the Division to place the GRANTEL in noncompliance status with the Department of State. qi The. Division shallappl} the following financial consequences for failure to perform the duties! tasks requiredin the scope of work. Should the library flail to provide free library service 10 the public or be open fetser than 40 hours per �,vvc:k. it will no longer be eligible to receive State Aid Libraries grant [finding. and its funding will he reduced to SO. LJrlless there is a change cif address. any notice required by this agreement shall he delivered to the DiViSion of Library and hilormatiOrt SerViees. _500 South Bronough Street. Tallahassee. Horida ,2)399-0250. for the. State and_ for the ORAI' "1FF. to its single library adi1tiriistr�itive unit. III the ev en[ Oki change of address. it is the obligation ol'thc 1110ving� party if) itonJ'N the ether part% ir1 vtiHUM! ol'the chtrnge (It'tiddress. Pace 6of 7 5?ate Aid To tibrar,es Giant Aweernerit Chapter 11 E-2 ®i riorida hdrrrrrastratwe Code. Effective xx-xx-xx),;x IV. The term ofthis agreement �Nill commence on the date ofexecution Ofthe grant agreement. THE APPLICANT/GRANTEE LN Chafrol`Governkw Body or Cl�ief-I:xecutive Officer� George R. Neugent Typed Name Seoteiuber 17 2013 i' ` lti or,chief I inancial Offices Vitia Fernandez, Deputy Clerk l vped Nance and "l,itle of, Oft ICI"II S�tember 24....... 013 Date THE DIVISION Judith A. 'ng, Director Division of Library and Information Services Department of State, State of Florida 1 yped Name Date '7 3 Division � nr�ess Division Witness Page 7 of r State Ad to Libraries Grant Agreement Chapter ' B-2 01 i E 2)(a): Flootda Adtr7 mstrative Code. Effective xx-xx-xxxx