Item C31MEETING DATE:
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
October 20, 2004 DIVISION: COMMUNITY SERVICES
BULK ITEM: Yes DEPARTMENT: Library
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 October 15, 2003, meeting.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Approval
TOTAL COST: $ 00 BUDGETED: Yes
COST TO COUNTY: $ 00 SOURCE OF FUNDS N/A
REVENUE PRODUCING: Yes AMOUNT PER YEAR: $140,000.00
APPROVED BY: County Attorney OMB/Purchasing Risk Management
DIVISION DIRECTOR APPROVAL
JA 71E. MALLOCH, Division Director
DOCUMENTATION: Included X To Follow Not Required
AGENDA ITEM # _
DISPOSITION:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Fl. Dept. of State, DLIS
Contract #
Effective Date:
October 1, 2004
Contract Purpose/Description:
Expiration Date:
September 30, 2005
Annual funding providing State financial aid to the Monroe County Library System
Contract Manager: Nora Kula
7349
Library / #23
(Name)
(Ext.)
(Department/Stop #)
for BOCC Meeting on 10/20/04
Agenda Deadline: 10/05/04
CONTRACT COSTS
Total Dollar Value of Contract: $ 140,000 Current Year Portion: $ 140,000
Budgeted? Yes® No ❑ Account Codes:
Grant: $ 140,000
County Match: $ 00
ADDITIONAL COSTS
Estimated Ongoing Costs: $00/yr For:
of included in dollar value above . maintenance, utili
CONTRACT REVIEW
Changes
Date In
Needed
Division Director 9
y
Yes❑ No[r
Risk Management �'Yes❑ Noa' _
O.M.B./Purchasing
Yes[] No[B/—,-
County Attorney 9h0l hP y
Yes[:] NoEr,
I Comments:
OMB Form Revised 2/27/01 MCP #2
Date Out
'1-A
B
Florida Department of State, Division of Library and Information Services
STATE AID TO LIBRARIES GRANT AGREEMENT
The Applicant (Grantee) MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
(Name of library governing body)
Governing body for MONROE COUNTY PUBLIC LIBRARY
(Name of library)
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.
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, 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.
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. In the event that the GRANTEE expends a total amount of State awards (i.e., State
financial assistance provided to the GRANTEE to cant' 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 10.550, 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 Florida 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 Section e, 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 10.550, 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).
f. Identify an individual or position with the authority to make minor modifications to the
application, if necessary, prior to execution of the agreement.
The DIVISION agrees 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 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.
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 ads, omissions to act or negligence of
the Grantee, its agents, servants or employees; nor shall the Grantee exclude liability for
its own ads, omissions to ad 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
whose 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.
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 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
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 execution of the grant
agreement.
THE APPLICANT/GRANTEE
Chair of Governing Body or
Chief Executive Officer
Typed Name
Date
Clerk or Chief Financial Officer
Typed Name and Title of Official
Date
ZANtiITAT ,'yU i"TON
rA.LM r'ii t.4TTORNEY
Oate
THE DIVISION
Florida Department of State
Division of Library and Information Services
Typed Name
Date
Witness
Date
FLORIDA DEPARTMENT OF STATE
DIVISION OF LIBRARY AND INFORMATION SERVICES
FY2004-2005 STATE AID TO LIBRARIES GRANT APPLICATION
File by October 1, 2004
Check One: CX Single County Library
Municipal Library
County Participating in a Multicounty Library
The Monroe County Board of County Commissioners
(name of library governing body)
governing body for the Monroe County Public Library
(name of county or municipal library)
Complete either Section 1A or 1 B as applicable.
1A Certification of Local Operating Expenditures
We hereby certify that the following total funds from local sources were expended
centrally during the fiscal year beginning October 1, 2002 and ending
September 30, 2003 for the operation and maintenance of a library under the
provisions outlined in Chapter 257.14 - 257.25, Florida Statutes, and guidelines for
the State Aid to Libraries Grant Program.
We further certify that the amount listed below does not include funds received from
the federal government; funds received from state government; or 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, 2002 and September 30, 2003.
$ 2,098,73Z77
Form MUSrSA01 page 1 of 3
Effective 12-28-2003
Library Name: Monroe County Public Library
113 Certification of Local Operating Appropriations
(Complete this secWn of if Me applicark is a newly estabpshed public library in the "two years
of operWon.)
We hereby certify that the following total funds from local sources are appropriated
to be expended centrally during the fiscal year beginning October 1, 2004 and
ending September 30, 2005 for the operation and maintenance of a library under
the provisions outlined in Chapter 257.14 - 257.25, Florida Statutes, and guidelines
for the State Aid to Libraries Grant Program.
We further certify that the amount listed below does not include funds received from
the federal government; funds received from state government; or 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 appropriated to be expended centrally by the library for the
operation and maintenance of a library between October 1, 2004 and
September 30, 2005.
s
SIGNATURES:
library Finance Manager
Valerie A. Moore
Typed Name
T Deos'��Cx
Form #DLIS/SA01
Effective 12-28-2003
Single Li ry Administrative Head
Norma Kula
Typed Name
page 2of3
FLORIDA DEPARTMENT OF STATE
DIVISION OF LIBRARY AND INFORMATION SERVICES
EXPENDITURE OR APPROPRIATION REPORT
Library Name: Monroe County Public Library
II. Check Applicable
X Expenditure Report - October 1, 2002- September 30, 2003
Appropriation Report - October 1, 2004 and September 30, 2006
(Ruble apprnpriahm only ff Me appkent is a nev* e&Wdw pwio Wivy in ft
"two years of operation.)
EXPENDITURE/
FUNDING OR REVENUE SOURCES:
TOTAL
APPROPRIATION
CATEGORY
LOCAL
STATE
FEDERAL
OTHER
10 Personal
1,670,226.12
0
0
0
1,670,226.12
Services
30 Operating
340,902.20
0
0
0
340,902.20
Expenses
60 Capital Outlay
87,604.45
143,028.00
0
0
230,632.45
(Non -Fixed)
Other
0
0
0
0
0
Total for the
2, 098, 732.77
143, 028.00
0
0
2, 241, 760.77
operation &
maintenance of the
library
PftcwdM
anroum on page 1)
60 Capital Outlay
0
0
0
0
0
(Fixed, including
purchase or
construction of a
library building or
quarters)
Form #DLIS/SA01 page 3 of 3
Effective 12-28-2003