Item C43Revised 2/95
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 02/21/00 Division: Community Services
Bulk Item: Yes ® No ❑ Department: Library Services
AGENDA ITEM WORDING:
Approval to accept and execute 2001 Florida Library Literacy grant agreement between
Monroe County and the Florida Department of State, Division of Library and Information
Services.
ITEM BACKGROUND: The mission of this state -funded, community -based grant program is to
support family literacy and learning programs statewide through public libraries.
PREVIOUS RELEVANT BOCC ACTION:
09/20/00 Approval for Library Director to submit FY 2001 Florida Library Literacy Grant
STAFF RECOMMENDATION: Approval
TOTAL COST: $24,968 BUDGETED: No
COST TO COUNTY: $6,350 (In -kind match of administrative salaries and postage; no
additional staffing required.)
REVENUE PRODUCING: Yes ❑ No ® AMOUNT PER MONTH
YEAR $ , \
APPROVED BY: COUNTY ATTY OMB/PWkkHASING RISK MANAGEMENTW'�
DOCUMENTATION: INCLUDED: X TO FOLLOW:
NOT REQUIRED: ❑
DISPOSITION: AGENDA ITEM #: F(L43
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #01-FLL-05
Contract with: Florida Dept. of State, Div. of Effective Date: upon execution
Library and Info. Services Expiration Date: Sept. 30, 2001
Contract Purpose/Description:
Library grant agreement supporting family literacy and learning program.
Contract Manager: Norma Kula 7349 Library/#23
(Name) (Ext.) (Department) / Courier Stop
for BOCC meeting on 02/21 /01 Agenda Deadline: 02/07/01
CONTRACT COSTS
Total Dollar Value of Contract: $24,968 Current Year Portion: $24,968
Budgeted? Yes ❑ No ® Account Codes:
Grant: $18,618
County Match: $6,350 (In -kind match of salaries + - - -
postage; no additional staffing required.)
ADDITIONAL COSTS
Estimated Ongoing Costs: $0/yr For:
of included in dollar value above e . maintenance, utiliti
Date In
Division Director
CONTRACT REVIEW
Changes
Needed
Yes❑ No[
Risk Wnagement Z IHO ( Yes[ —]No[
O.M.B./Pura4mg //346 / Yes❑ No[
County Attorney
Comments:
OMB Form Revised 12/1
oFKI Approval stamp .�
Date Out
Monroe County Public Libraries
Florida Library Literacy Grant 2001
Informational Overview
State Legislature provides this literary grant funding that is distributed through competitive
grant applications, and administered by the Department of State, Division of Library and
Information Services. The focus of this community -based grant program is to provide
support to family literacy and learning programs through public libraries. Monroe County
has been awarded $18,618 for their project. -±
The action plan for the Monroe County Public Libraries' grant includes the following.
➢ Develop Library collections of materials for adult literacy learners. Materials to include
books, audiotapes, and computer programs to aid English learners.
➢ Translate Library informational brochures and forms into Spanish and Eastern
European languages.
➢ Publicize and promote Library services and materials to adult literacy learners through
health and educational outreach agencies.
➢ Evaluation of grant implementation utilizing outcomes -based measurements.
Below is a timeline of BOCC and State action regarding this grant:
09/20/00—BOCC approval to submit grant application. Submitted to State Library.
12/08/00—Preliminary award notice received from Secretary of State.
01/26/O1—Official award notice and grant agreement received from Department of State,
Division of Library and Information Services.
04/01/01—Mid-term report due.
06/30/O1--Final grant payment sent to recipients.
09/30/O1--End of grant period. All funds expended.
11/O1/01--Final report due to State's Division of Library and Information Services.
PROJECT NUMBER 01-FLL-05
Florida Department of State, Division of Library and Information Services
FLORIDA LIBRARY LITERACY GRANT AGREEMENT
AGREEMENT executed and entered into
BETWEEN the State of Florida, Department of State, Division of Library and Information Services, hereinafter
referred to as the DMSION, and the
GRANTEE: Monroe County Board of County Commissioners for and on behalf of Monroe County'
Public Library System
the PROJECT: Southernmost Library Family Literacy Initiative
the GRANT AMOUNT: Eighteen thousand six hundred eighteen dollars ($18,618)
released in two equal payments by the DMSION by June 30, 2001. The project period ends September 30, 2001.
Unless there is a change of address, any notice required by this agreement shall be delivered to the DMSION, 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 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 DMSION, as administrator of state funds authorized under Section 257.191, Florida Statutes, is desirous of
providing a grant. The GRANTEE agrees to meet all state requirements.
The parties agree as follows:
I. The GRANTEE agrees to:
a. Administer all funds granted to it by the DMSION to carry out the project as described in the project
proposal and revisions submitted to and approved by the DMSION. The project proposal and
revisions are incorporated by reference.
b. Provide the DMSION with statistical, narrative, financial and other evaluative reports as requested.
c. Retain and make available to the DMSION, upon request, all financial and programmatic 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. Pay out 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.
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
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. Notify the Florida Department of State's International Office of any international travel for a
presentation, performance, or other significant public viewing, including and organization associated
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with a college or university. The notification shall be made at least 30 days prior to the date the
international travel is to commence pursuant to Section 15.182, Florida Statutes.
k. In the event that the GRANTEE expends a total amount of State awards (i.e., State financial assistance
provided to the GRANTEE to carry out a State project) equal to or in excess of $300,000 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 Executive
Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. In
determining the State awards expended in its fiscal year, the GRANTEE shall consider all sources of
State awards, including State funds received from the Department of State, except that State awards
received by a nonstate entity for Federal program matching requirements shall be excluded from
consideration.
In connection with the audit requirements addressed in Part k, paragraph 1, the GRANTEE shall
ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This
includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and
Chapter 10.600, Rules of the Auditor General.
If the Grantee expends less than $300,000 in State awards 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 $300,000 in State awards 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 non -State funds (i.e., the cost of such an audit must be paid from GRANTEE funds
obtained from other than State entities).
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 GRANTEE's performance hereinunder, and contingent upon funding by
the Legislature. 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 funds on which
this agreement is dependent are withdrawn, this agreement is terminated and the state 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 may be reduced accordingly.
b. Provide professional advice and assistance to the GRANTEE 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.
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, 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 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
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is not cured by the 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. In the event of termination of this agreement, the GRANTEE will be compensated
for any work satisfactorily completed prior to the notification of termination.
f. The DMSION 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.
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.
i. 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
GRANTEE, its agents, servants or employees; nor shall the GRANTEE exclude liability for its own
acts, omissions to act or negligence to the DMSION. In addition, the GRANTEE hereby agrees to be
responsible for any injury or property damage resulting from any activities conducted by the
GRANTEE.
1. 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
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 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 DIVISION prior to its execution, and
PROVIDED THAT it is understood by the GRANTEE that the DMSION 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 of the State waives any defense of sovereign
immunity, or increases the limits of its liability, upon entering into a 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 DIVISION.
p. The 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 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 DMSION.
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
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and to its officers, agents, and employees acting within the scope of their official duties, 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 GRANTEE
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 enumerated below.
THE GRANTEE THE DIVISION
Signature of Authorized Official
Typed Name and Title of Authorized Official
Witness
Barratt Wilkins, Director
Division of Library and Information Services
Department of State, State of Florida
Witness
Witness Witness
WED AS TO FOR Y.
G L SUFFICE
;NNE . H ON
11/30/00
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