Item C11
Revised 2/95
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 8/16/00
Bulk Item: Yes [8] No 0
Division: Community Services
Department: library Services
AGENDA ITEM WORDING:
Approval to accept and execute FY 2000-2001 Library Services and Technology Act
grant agreement between Monroe County and the Florida Department of State, State
Library of Florida.
ITEM BACKGROUND: The Library Services and Technology Act is the major federal grant
program for libraries and is administered through the Florida Department of State, Division of
Library & Information Services. Its focus is information access through technology and
information empowerment.
PREVIOUS RELEVANT BOCC ACTION: 3/14/00 Approval to submit.
STAFF RECOMMENDATION: ADDroval
TOTAL COST: $78.441.00
BUDGETED: No
COST TO COUNTY: $22,249 (In-kind match of administrative salaries; no additional
staffing required.)
REVENUE PRODUCING: Yes 0 No [8] AMOUNT PER MONTH
YEAR $
APPROVED BY: COUNTY A TTY OMBIPURCHASING RISK MANAGEMENT tJ . ('l .
DOCUMENTATION: INCLUDED:)< TO FOLLOW: NOT REQUIRED: 0
DISPOSITION:
AGENDA ITEM #:
I~cn
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #OO-LST A-K-03
Contract with: Florida Dept. of State, Effective Date: UDon execution of aareement
Div. of Library and Information Services
Expiration Date:09/30/01
Contract Purpose/Description:
This is a "Train the Trainer" grant award for Monroe County librarians. The Library
Services and Technology Act is the major federal grant program for libraries and is
administered through the Florida Department of State, Division of Library & Information
Services. The Technology Training grant project enables library staff to achieve an
appropriate level of proficiency and comfort using computer hardware and software and
to enable staff to effectively train the public on how to access and use electronic
information resources. The technology portion of the grant provides for a mobile
computer lab to be utilized by Monroe County librarians for outreach and in-house
patron training.
Contract Manager:Anne Layton Rice
(Name)
3595
(Ext. )
Li bra rv/#6
(Department) / Courier Stop
for BOCC meeting on Auaust 16. 2000
Agenda Deadline: Auaust 2. 2000
CONTRACT COSTS
Total Dollar Value of Contract: $78.441.00 Current Year Portion: $
Budgeted?YesO Nol2J Account Codes: _-_ -_
Grant: $56.192.00 -_-_-_
County Match: $22.249 (In-kind match of _-_-_
administrative salaries, no additional staffing.) _-_-_-_
ADDITIONAL COSTS
For:
(eg. maintenance, utilities, ianitorial, salaries, etc.)
Estimated Ongoing Costs: $Q/yr
(Not included in dollar value above)
CONTRACT REVIEW
Changes
Dfte In . Needed
Division Director g' r~ I Oc:) YesO No
Risk Manag'lffnt '01'( 00 YesO No0"o..,
O~./P~~ing "7{zr/o() YesONo~ U ~
Cowrty Attorney '7/~o/rrO YesO NO~
Comments:
Date Out
'l/2-{aJ
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OMB Form Revised 12/13/99
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PROJECT NUMBER OO-LST A-K-03
Florida Department Of State, Division of Library And Information Services
LIBRARY SERVICES AND TECHNOLOGY ACT
GRANT AGREEMENT
AGREEMENT executed and entered into
BETWEEN the State of Florida, Department of State, Division of Library and Infonnation Services, hereinafter
referred to as the DIVISION, and the
SUBGRANTEE:
Monroe County Board of County Commissioners for and on behalf of Monroe County
Public Library System
the PROJECf:
Technology Training for Southernmost Libraries
the GRANT AMOUNT:
Fifty-six thousand one hundred ninety-two dollars ($56,192)
released in four equal advance payments as determined by the Division after consultation with the SUBGRANTEE.
The funds shall be expended on or before September 30,2001
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 Monroe County Public Library
System, 700 Fleming St., Key West, FL, 33040, for the SUB GRANTEE. 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. '
The DIVISION, as administrator offederal funds authorized under Section 257.12, Florida Statutes, is desirous of
providing a grant. Federal funds are provided through the Library Services and. Technology Act of 1996 under
Florida's long range plan approved by the Institute of Museum and Library Services. The SUBGRANTEE agrees to
meet all state requirements and requirements of the Library Services and Technology Act, hereinafter referred to as
LST A.
The parries agree as follows:
1. The SUB GRANTEE agrees to:
a. Administer all funds granted to it by the DIVISION to carry out the project as described in the project
proposal and revisions submitted to and approved by the DIVISION. The project proposal and
revisions are incorporated by reference.
b. Provide the DIVISION with statistical, narrative, fmancial and other evaluative reports as requested.
c. Retain and make available to the DIVISION, upon request, all fmancial and progranunatic records,
supporting 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. 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. Payout all project funds on or before the project ending date.
r. Use and maintain adequate fiscal authority, control, and accounting procedures that will assure proper
disbursement of, and accounting for federal project funds.
g. Perform all acts in connection with this agreement in strict conformity with all applicable State and
Federal 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 SUBGRANTEE shall insert a similar provision in all subcontracts for services by
this agreement.
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1. Expend all grant funds received under this Agreemen,t solely for the purposes of the project These
funds will not be used for lobbying the legislature, the judicial branch, or any state agency. Repay to
the DMSION any and all funds not thus expended.
J. Have an audit of financial operations performed in accordance with the Single Audit Act of 1984 (31
U.S.C. 7501-7) and 45 CFR 1183.26.
1. In the event the SUBGRANTEE expends $300,000 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
ofOMB Circular A-B3, as revised. The Notification of Grant Award indicates the Federal ,funds
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 funds 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 paragraphj.l., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C ofOMB Circular A-I33,
as revised.
3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted
in accordance with the provisions ofOMB Circular A-133, as revised, is not required. In the event
that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have
an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, the cost
of the audit must be paid from non-Federal funds (i.e., the cost of such an audit must be paid from
recipient funds obtained from other than Federal entities).
II. The DMSION 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 SUB GRANTEE's performance hereinunder, and contingent upon
funding by the Institute of Museum and Library Services. The State of Florida's performance and
obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature.
In the event that the state or federal funds on which this agreement is dependent are withdrawn, this
agreement is terminated and the state bas no further liability to the SUB GRANTEE beyond that
already incurred by the termination date. In the event of a state revenue shortfall, the total grant may
be reduced accordingly.
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 objectives.
m. The SUBGRANTEE and the DMSION mutually agree that:
a. This instnunent 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, representations, 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 Many such breach or default, or any
similar breach or default.
e. TIlls agreement shall be terminated by the DMSION because of failure of the SUBGRA1'ITEE to fulfill
its obligations under the agreement in a timely and satisfactory manner un1ess the SUBGRANTEE
demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by the
SUBGR..\NTEE shall be determined by the DMSION based on the terms and conditions imposed on the
SUBGRA.~EE in this agreement and compliance \\oith the program guidelines. The DIVISION shall
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provide SUB GRANTEE a written notice of default letter. SUB GRANTEE shall have 15 calendar days
to cure the default. If the default is not cured by the SUB GRANTEE within the stated period, the
DMSION shall terminate this agreement, unless the SUB GRANTEE demonstrates good cause as to why
it cannot cure the default within the prescnbed time period. For purposes of this agreement, "good cause"
is defined as circwnstances beyond the SUBGRANTEE's control. In the event of termination of this
agreement, the SUB GRANTEE will be compensated for any work satisfactorily completed prior to the
notification of termination.
f. The Division shall unilaterally cancel this agreement if the SUB GRANTEE refuses to allow public
access to all documents or other materials subject to the provisions of chapter 119, Florida Statutes.
g. Surplus funds must be temporarily invested and the interest earned on such investments shall be
returned to the State quarterly.
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 DMSION shall not be liable to pay attorney fees, interest, late charges and service fees, or cost
of collection related to the grant.
k. The DMSION shall not assume any liability for the acts, omissions to act or negligence of the
SUB GRANTEE, its agents, servants or employees; nor shall the SUBGRANTEE exclude liability for
its own acts, omissions to act or negligence to the DMSION. In addition, the SUB GRANTEE
hereby agrees to be responsible for any injury or property damage resulting from any activities
conducted by the SUBGRANTEE.
1. The SUB GRANTEE, other than a SUB GRANTEE which is the State or agency or subdivision of the
State, agrees to indemnify and hold the DIVISION hannless 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 performed under this agreement and shall investigate all claims
at its own expense.
m. The SUB GRANTEE shall be responsible for all work performed and all expenses incurred'in
connection with the Project. The SUB GRANTEE may subcontract as necessary to perform the
services set forth in this agreement, including entering into subcontracts with vendors for services and
conunodities, PROVIDED THAT such subcontract has been approved by the DIVISION prior to its
execution, and PROVIDED THAT it is understood by the SUB GRANTEE that the DIVISION shall
not be liable to the Subcontractor for any expenses or liabilities incurred under the subcontract and
that the SUB 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 of the State waives any defense of sovereign
immunity, or increases the limits of its liability, upon entering into a contractual relationship.
o. The SUBGRANTEE, its officers, agents, and employees, in perfonnance 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, SUBGRANTEE 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. SUB GRANTEE agrees to take such steps as may be
necessary to ensure that each subcontractor of the SUB 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.
p. The SUB GRANTEE shall not assign, sublicense or otherwise transfer its rights, duties, or obligations
under this agreement without prior written consent of the Department, which consent shall not be
unreasonably withheld. The agreement transferee must demonstrate compliance with the requirements
of the program. If the Department approves a transfer of the SUBGRANTEE's obligations, the
SUB 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 SUBGRANTEE 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
Page 3 of4
Department of State. The author may arrange for copyright of such materials only after approval from
the DMSION. Any copyright arranged for by the author shall include ,acknowledgment of grant
assistance. As a condition of grant assistance, the SUB 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 purposes, to publish, translate, reproduce, and use all subject data or
copyrightable material based on such data covered by the copyright.
s. No costs incurred before the date of this Agreement shall be eligible as project expenditures. No costs
incurred after the completion date or other termination of the Agreement shall be eligible as project
expenditures unless specifically authorized by the DMSION.
IV. The term of this agreement will commence on the date of execution of the agreement. If the
SUBGRANTEE award period is extended beyond the original Agreement period, the final report will
cover the entire grant period of project activities and is due within thirty days after the end of the extended
grant period.
V. Any modifications or attachments to this Agreement are enwnerated below.
THE SUB GRANTEE
TIlE DMSION
Signature of Authorized Official
Barratt Wilkins, Director.
Division of Library and Information Services
Department of State, State of Florida
Typed Name and Title of Authorized Official
Witness
Witness
Witness
Witness
7/13/00
8
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