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Item C28 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: September 18, 2002 DIVISION: COMMUNITY SERVICES BULK ITEM: Yes 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 prior application at the September 12, 2001, meeting. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION: Approval - TOTAL COST: $0 BUDGETED: Yes COST TO COUNTY: $0 REVENUE PRODUCING: Yes AMOUNT PER YEAR: $172,000.00 APPROVED BY: County Attorney OMB/Purchasing Risk Management DIVISION DIRECTOR APPROVAL J DOCUMENTATION: To Follow Not Required AGENDA ITEM # CJ g DISPOSITION: .. .".'.-:"'"~,j!:'''l'':'''~;':~-;':~'~''F?'.''.~~.-'~~~Y~~"T:"!''_~;"''''''''<:<' . .-=-,.--.--,- --- - ., ,- MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACTS~Y Contract with: FI. Dept. of State, Div. of Contract # Effective Date: October 1, 2002 Expiration Date: September 30, 2003 Contract Manager: Norma Kula 7349 Lib /#23 (Name) (Ext. ) (Department/Stop #) for BOCC meetin on A enda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $ 172,000 Current Year Portion: $ 172,000 Budgeted? Yes[;8] NoO Account Codes: - - - - ---- Grant: $ 172,000 - - - - ---- County Match: $ 0 - - - - ---- - - - - ---- ADDITIONAL COSTS Estimated Ongoing Costs: $Q/yr For: (Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed Division Director 97 s 70 t. YesO No 9 5 0 RiskManagement C1-~-Cd-. YesONo q-(p-()~ O.M.B.IPUrChaSing9lsID2- YesO NoW: ~ ~ qJ~ County Attorney ~ /3 u I () 2- Y esO No~ Comments: Ilt.u ru)re.. C,,,rrlA(, f C";tt,"~"UJ "" d.l-e.. (Jf "4'"~ CA h61'1 "f'..J rAni i:u.1tlrJ. OMB Form Revised 2/27/01 MCP #2 Project Number FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES FY2002-2003 STATE AID TO LIBRARIES GRANT APPLICATION Single County Library (File by October 1, 2002) I The Monroe County Board of County Commissioners . (name of library governing body) governing body for the Monroe County Public Librarv I (nam~ of county library) hereby applies to th~ Divis~n of Library and Information Services, Florida Department of State, for State Aid to Libraries gran as authorized under Chapter 257, Florida Statutes. and guidelines for the State Aid to Libraries Grant program, for the fiscal year beginning October 1, 2002 and ending September 30,2003. 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, 2000, and ending September 30, 2001 (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 anv of the followina: . Funds received ~m 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. Rorida 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, 2000, and September 30, 2001. (The second previous year) $ 1,924,238.56 Form #DLlS/SA02 page 1 of 5 Effective 11/20/2001 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. Submit an audit or..attestation statement pursuant to Section11.45 and 215,97 Florida Statut~s', / j e. 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 agree~ 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 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.tl1e 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 Rorida, and shall be construed, performed, and enforced In all respects In accordance with the laws and rules Form #DLlS/SA02 page 2 of 5 Effective 11/20/2001 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. I 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 cotlduct~d 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 DIV~ION. 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, Rorida 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, Form #DLlS/SA02 page 3 of 5 Effective 11/20/2001 "',,<'-'--:-0 r,;)."7.;~ "'-'T.-:~_ U",~~,;;,,~':':'i;'!';;!:~>;~~,-.-r:;:r:~\i"~~ .::: ':;',,"(: '~',-' 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 term{nate 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, .,. ~ . j IV, The term of this agreement will commence on the date of the notification of grant award, THE APPUCANT/GRANTEE THE DIVISION Chairperson, Library Governing Body Division of Library and Information Services Department of State, State of Florida . Typed Name Typed Name Date Date Clerk of the Circuit Court Witness (or Chief Financial Officer of County if responsibility is assigned to another position) Typed Name and Title of Official Date Form #DLlS/SA02 page 4 of 5 Effective 11/20/2001 UZA~#TTON "T __ '1_ ,'-" _ , I i : Date I ...... /_; ~ .i J . , , I j . j I I Form #DLlS/SA02 Effective 11/20/2001 page 5 of 5 . ".'..>""~.~:"'.: ,., "-';',~"Y"75m::?"":,,,.~,'f!;#fJt,lfl,'<\"'~' '^',~<:" . m." 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