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Item C30 . 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 to accept and execute FY 2002-2003 Library Services and Technology Act grant agreement for "Library Services for Limited English-Proficient Hospitality Workers" between Monroe County and the Florida Department of State, State Library of Florida. ITEM BACKGROUND: The Library Services & Technology Act (LSTA) is the major federal grant program for libraries. Administered by the Institute of Museum and Library Services, it is a state-based program with a broad mandate to use technology to bring information to people in innovative and effective way, and to assure that library service is accessible to all. PREVIOUS RELEVANT BOCC ACTION: Approval of LSTA grant application 02113/02. Approval of 1997,1998, and 2000 LSTA grant applications, contract agreements and resolutions. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval TOTAL COST: $99,660 BUDGETED: No COST TO COUNTY: $1,010 in-kind salary contribution REVENUE PRODUCING: No AMOUNT PER MONTH /YEAR: N/A APPROVED BY: County AttorneyV' OMB/PurchasingV'" Risk Management V DIVISION DIRECTOR APPROVAL DOCUMENTATION: Included To Follow Not Required DISPOSITION: AGENDA ITEM # ""-1 ?~ MONROE COUNTY BOARD OF COUNTY COMMISSIONERS - CONTRACT SUMMARY Contract with: Florida Department of Contract # 02-LSTA-E-12 State, State Library Effective Date: October I, 2002 Expiration Date: September 30, 2003 Contract Purpose/Description: The Library Services & Technology Act (LST A), the major federal grant program for libraries, was passed September 30, 1996. Administered by the Institute of Museum and Library Services, it is a state-based program with a broad mandate to use technology to bring information to people in innovative and effective ways, and to assure that library service is accessible to all - especially those who have difficulty using the library. Florida's grant program is based on the purposes of LSTA and developed from goals and objectives provided in Access for All: Libraries in Florida's Future - A Plan for the Continued Development of Florida's Libraries. Contract Manager: Anne Layton Rice 3594 Library Services, Stop #6 Warne) .. (Ext. ) (Department/Stop #) for BOCC meetin'g on , 09/18/02 Agenda Deadline: 09/04/02 CONTRACT COSTS Total Dollar Value of Contract: $99,660 Current Year Portion: $ Budgeted? YesO No IZI Account Codes: - - - - -- Grant: $ $70,000 - - - - -- County Match: $ $1,010 - - - - -- Grant Partner's Match $28,650 - - - - --- ADDITIONAL COSTS Estimated Ongoing Costs: $Qjyr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Dat~ Needed Division Director 9/~ 02 YesONoO Risk Management Comments: N oft R..lJuf rhrt'fnf .fr:, .Lilt/of .fLf'l1u1 -Cu,J./ ;'" 7ff. OMB Form Revised 2/27/01 Mep #2 Monroe County Public Libraries Library Services and Technology Grant 2002-2003 - Informational Overview Grant funding is provided by congressional act to the Institute of Museum and Library Services. In Florida, these funds are distributed through competitive grant applications administered by the Department of State, Library Division. Special emphasis is placed on projects that utilize technology to bring information to people in innovative and effective ways, and to assure that library service is accessible to all. Monroe County has been awarded $70,000 for our project, "Library Services for Limited English Proficient Hospitality Workers." Grant applications require a 1/3 local match. This amount will be satisfied by in-kind salary of library staff and by in-kind and cash contributions by grant partner, Literacy Volunteers of America of Monroe County (LV A). Through this grant funding, Monroe County Public Libraries will partner with LV A to provide: ~ Hospitality, workplace literacy curriculum. ~ Family literacy classes. ~ Monroe County Sheriff's Office Corrections literacy program. ~ English as a Second Language (ESL) instruction. ~ Basic READ initiatives Below is a timeline of BOCC and State action regarding this grant: 02/13/02-BOCC approval to submit grant application. 03/15/02- Grant application submitted to State Library. 08/16/02-0fficial award notice and grant agreement received from State Library. . - - PROJECT NUMBER 02-LSTA-E-12 Florida Department Of State, Division of Library And Information Services LffiRARY SERVICES AND TECHNOLOGY ACT 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 DIVISION, and the SUB GRANTEE: Monroe eounty Board of eounty eommissioners for and on behalf of Monroe eounty Public Library System the PROJECT: Library Services for Limited English Proficient Hospitality Workers the GRANT AMOUNT: Seventy thousand dollars ($70,000) released in four equal advance payments as determined by the Division after consultation with the SUBGRANTEE. The funds shall be,.eXJ?ended oq or before September 30, 2003. 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 the Monroe eounty Public Library System, May Hill Russell Public Library, Headquarters, 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 SUB GRANTEE agrees to meet all state requirements and requirements of the Library Services and Technology Act, hereinafter referred to as LST A. . The parties agree as follows: 1. The SUBGRANTEE 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, financial and other evaluative reports as requested, c. Retain and make available to the DIVISION, upon request, all fmancial 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 fmal 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. f. 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 SUB GRANTEE shall insert a similar provision in all subcontracts for services by this agreement. Page 10f4 - 1. 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 DIVISION 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.e. 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 eircular A-133, 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 eircular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB eircular A-l33, as revised will meet the requirements of this part. 2. In connection with the audit requirements addressed in paragraph j .1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C ofOMB eircular A-133, 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 eircular 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 1;av~ an auditponducted in accordance with the provisions ofOMB eircular A-l33, 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 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 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 has 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. 1>. Provide professional advice and assistance to the SUB 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 SUB GRANTEE and the DIVISION mutually agree that: a. This instrument embodies the whole agreement of the pll!iies. 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 offailure of the SUB GRANTEE to fulfill its obligations under the agreement in a timely and satisfactory manner unless the SUB GRANTEE demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by the SUBGRANTEE shall be determined by the DIVISION based on the terms and conditions imposed on Page 20f4 . - the SUB GRANTEE in this agreement and compliance with the program guidelines. The DIVISION shall provideSUBGRANTEE a written notice of default letter. SUBGRANTEE shall have 15 calendar days to cure the default. If the default is not cured by the SUBGRANTEE within the stated period. the DIVISION shall terminate this agreement, unless the SUBGRANTEE 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 circumstances beyond the SUBGRANTEE's control. In the event oftermination of this agreement, the SUBGRANTEE will be compensated for any work satisfactorily completed prior to the notification of termination. f. The Division shall unilaterally cancel this agreement if the SUBGRANTEE 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 DIVISION shall not be liable to pay attorney fees, interest, late charges and service fees, or cost of collection related to the grant. k. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of the SUBGRANTEE, its agents, servants or employees; nor shall the SUBGRANTEE exclude liability for its own acts, omissions to act or negligence to the DIVISION. In addition, the SUB GRANTEE hereby agrees to be-responsible for any injury or property damage resulting from any activities con4~c~ed,. by the,SUBGRANTEE. 1. The SUB GRANTEE, other than a SUBGRANTEE 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. m. The SUB GRANTEE shall be responsible for all work performed and all expenses incurred in connection with the Project. The SUBGRANTEE 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 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 SUB 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, SUB GRANTEE is not entitled to accrue any benefits of state employment, including retirement benefits and any othe.r. rights or privileges connected with employment in the State eareer Service. SUB GRANTEE agrees to take such steps as may be necessary to ensure that each subcontractor of the SUBGRANTEE 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 SUBGRANTEE 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 SUBGRANTEE 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 SUB GRANTEE 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 DIVISION. 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 DIVISION. 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 enumerated below. TIlE SUBGRANI?E" TIlE DIVISION 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 APPROVED ASWlFTO FO AND - Al SLJFFICI . BY ,. ZANN~ ~TON DATE ~" l- { Page 4 of 4 - . CERTIFICATION REGARDING - DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 45 CFR 1183.35, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). Copies of the regulations may be obtained by contacting the person to which this proposal is submitted. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in thiS' certification, such prospective participant shall attach an explanation to this proposal. Nam~ and Title of Authorized Representative Signature Date ED Form GCS.009. 6/88 LSTA Application DLlS/LSTA01. Effective 11/20/2001