Item C19
Revised 3/99
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 9/12/01
Bulk Item: Yes [8] No 0
Division: Community Services
Department: Library Services
AGENDA ITEM WORDING:
Approval of the filing of a 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:
This is an annual application process to receive State Financial Aid.
PREVIOUS RELEVANT BOCC ACTION:
Board approved previous application at October 18, 2000, meeting.
STAFF RECOMMENDATION: Approval.
TOTAL COST: $ 0
BUDGETED: Yes [8] No 0
COST TO COUNTY: $ 0
REVENUE PRODUCING: Yes [8] No 0 AMOUNT PER MONTH
YEAR $ 155,000.
APPROVED BY: COUNTY ATTY D OMS/PURCHASING D RISK MANAGEMENT ~ r),Q,-.
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DIVISION DIRECTOR APPROVAL: "-
DIVISION DIRECTOR NAME: I
I
,
DOCUMENTATION: INCLUDED: [gJ TO FOLLOW: D NOT REQUIRED: D
DISPOSITION:
AGENDA ITEM #: ~
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACTS~ARY
Contract with:
FI. Dept. of State, Div. of
LIbrary if[. into. ~erv.
Contract #
Effective Date:
Expiration Date:
October 1, 200 I
Sept. 30, 2002
Contract Manager: Norma Kula
(Name)
7349
(Ext. )
Libr / #23
(Department/Stop #)
for BOCC meetin on
9/12/01
A enda Deadline: 9/5/01
CONTRACT COSTS
Total Dollar Value of Contract: $ 155,000.00
Budgeted? Y es~ No 0 Account Codes:
Grant: $ 155,000.00
County Match: $ 0
Current Year Portion: $
155,000.00
- - -
----
- - -
----
- - -
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Estimated Ongoing Costs: $JL/yr
(Not included in dollar value above)
ADDITIONAL COSTS
For:
(e~. maintenance, utilities, janitorial, salaries, etc.)
- - -
----
CONTRACT REVIEW
Division Director
Changes
~,t7 In Needed
c,/ 'ili ( YesD No .
'J14-\ 01 YesO Noff c' , {'\-:-r-- \\C~:b:," '" Cl 0\
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Date Out
Risk Management
o .M.B./Purchasing
County Attorney
Comments:
OMB Form Revised 2/27/01 MCP #2
Project Number
FLORIDA DEPARTMENT OF STATE
DIVISION OF LIBRARY AND INFORMATION SERVICES
FY2001-2002 STATE AID TO LIBRARIES GRANT APPLICATION
Single County Library .J
(File by October 1,2001)
The Monroe County Board of County Commissioners
(name of library governing body)
governing body for the
Monroe County Public Library
(name of county library)
hereby applies to the Division of Library and Information Services, Florida Department of State, for
State Aid to Libraries grants as authorized under Chapter 257, Florida Statutes, and guidelines for
the State Aid to Libraries Grant program, for the fiscal year beginning October 1, 2001 and ending
September 30, 2002.
Certification of Local Operating Expenditures
We certify that the following total funds from local sources were expended centrally during the fiscal
year beginning October 1,1999, and ending September 30,2000 (second previous fiscal year) for
the operation and maintenance of a library under the conditions outlined in Chapter 257, Florida
Statutes, and guidelines for the State Aid to Libraries Grant program
We further certify that the amount listed below does not include any of the followino:
Funds received from the federal government
Funds received from the state government
Funds used for purchase or construction of a library building or library quarters
Such funds are not eligible to be used as local match for State Aid applications under Chapter 257,
Florida Statutes, and guidelines for the State Aid to Libraries Grant program.
Total local funds expended centrally by the library for the operation and maintenance of a
library between October 1, 1999, and September 30, 2000. (The second previous year)
$ 1,907,532.29
Form #DLlS/SA02
Effective
page 1 of 5
Grant Agreement
The Applicant (Grantee) 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, creed, color, handicap, national
origin, or sex. The Grantee shall insert a similar provision in all subcontracts for services
by this agreement.
d. 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 herein under, 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 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.
Form #DLlS/SA02
Effective
page 2 of 5
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 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, which
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.
Form #DLlS/SA02
Effective
page 3 of 5
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 tenns 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 cureJthe
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.
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 the notification of grant award.
THE APPLICANT/GRANTEE
THE DIVISION
Katherine Harris
Secretary of State
z ~lhairperson, Library Governing Body
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Date
Date
Clerk of the Circuit Court
(or Chief Financial Officer of County
if responsibility is assigned to another position)
Witness
Typed Name and Title of Official
Date
Date
Form #DLlS/SA02
Effective
page 4 of 5
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