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98-LSTA-H-04 09/09/1998 1J9annp 1... ltolbage BRANCH OFFICE 3117 OVERSEAS IDGHW A Y MARA lHON, FLORIDA 330SO TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM TO: Peter Horton, Director Division of Community Services Ruth Ann Jantzen, Deputy Clerk ~. January 13, 1999 FROM: DATE: ---------------------------- --------------------------------------------------------- On September 9,1998, the Board of County Commissioners granted approval and authorized execution of a ~~iaa.....1:_~II..,AdGaM.......~Project No. 98-LST A-H-04, between Monroe County and the ftM lA'~r-& ldlcut efSttlte.fer advanced internet access, in the amount of $50,000.00. Enclosed please rmd two duplicate originals of the above Agreement, executed on behalf of Monroe County. Please be sure that one fuDy exemted copy is returned to this off".ce u soon u poaible. H you have any questions concerning the above, please do not hesitate to contact me. Enclosure cc: County Attorney Fmance County Administrator, w/o document File -'."1f."" Office of the Secretary Office of Iniemational Relations Division of Elections Division of Corporations Division of Cultural Affairs Division of Historical Resources Division of Library and Information Services Division of Licensing Division of Administrative Services State Board of Education Trustees of the Internal Improvement Trust Fund Administration Commission Florida Land and Water Adjudicatory Commission Siting Board Division of Bond Finance Department of Revenue Department of Law Enforcement FLORIDA DEPARTMENT OF STATE Department of Highway Safety and Motor Vehicles Department of Veterans' Affairs Katherine Harris Secretary of State DIVISION OF LIBRARY AND INFORMATION SERVICES MEMBER OF THE FLORIDA CABINET D!VISIONS OF FLORIDA DEPARTMENT OF STATE MEMORANDUM FROM: Thorn Cummins, Director Monroe County Public Library System Loretta L. Flowei~tv&rary Program Administrator TO: DATE: February 4, 1999 SUBJECT: Executed Project Agreement Project #: Project: 98-LSTA-H-04 May Hill Russell Library Automation Enhancement Enclosed is one executed original copy of the project agreement noted above for your meso The other copy is being kept in our office as part of the official files for the project. Please include the project identification number in any future correspondence with our office regarding this project. Feel free to contact me if you have any questions. LLF:jw Enclosure OSTATE LIBRARY OF FLORIDA R.A. Gray Building - Tallahassee, Florida 32399-0250 - (850) 487-2651 FAX: (850) 488-2746 - TDD: (850) 922-4085 - http://www.dos.state.fl.us OLEGISLATIVE LIBRARY SERVICE 0 RECORDS MANAGEMENT SERVICES OFLORIDA STATE ARCHIVES (850) 488-2812 - FAX: (850) 488-9879 (850) 487-2180- FAX: (850) 413-7224 (850) 487-2073- FAX: (850) 488-4894 ~ PROJECT NUMBER 98-LST A-H-04 Florida Department Of State, Division Of Library And Information Services LIBRARY SERVICES AND TECHNOLOGY ACT GRANT AGREEMENT AGREEMENT executed and entered into r6g~~1{r 2- , 19 -11- BETWEEN the State of Florida, Depamnent of State, Division of Library and Infonnation Services, hereinafter referred to as the DIVISION, and the SUBGRANTEE: Monroe County Board of County Commissioners for and on behalf of Monroe Co~ty Public Library System ~ ~ '" z ~. -w'1 ::0 ("') ~ ,." Or"": CO 1Tl:x -', ("'). r- 0(")' \D c:: - -.. z?OC; :Do> -1("'), ::E the GRANT AMOUNT: Fifty thousand dollars ($50,000) :<;-i~ C7\ ." ;- .. . r- ~ 0 released in four equal advance payments as detennined by the Division after consultation with the s8BGRANH. the PROJECT: May Hill P,ussell Libra.ry Automation Enhancement The funds shall be expended on or before September 30, 1999. 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 Monroe County Public Library System, 700 Fleming St., Key West, Florida 33040, for the SUBGRANTEE. 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 federal 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 SUBGRANTEE agrees to meet all state requirements and requirements of the Library Services and Technology Act, hereinafter referred to as LSTA. The parties agree as follows: I. The SUBGRANTEE agrees to: a. Administer all funl.is 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, fmancial 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 of3 years from the date of submission of the fmal project report. lfany litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the 3 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 3 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. Perfonn all acts in connection with this agreement in strict confonnity with all applicable State and Federal laws and regulations. Page lof4 ." r- ", o ." o ;0 ::0 f'T1 C") C) ::0 o .1;.U -r '. 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 SUBGRANTEE shall insert a similar provision in all subcontracts for services by this agreement. i. Expend all grant funds receiv~d 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 fmancial operations performed in accordance with the Single Audit Act of 1984 (31 U.S.C. 7501-7) and 45 CFR 1183.26. The audit shall be made by an independent auditor in accordance with generally accepted government auditing standards covering fmancial and compliance audits. Ie. Each SUBGRANTEE, other than a state agency, shall submit to an audit or submit an attestation statement pursuant to section 216.349, Florida Statutes. 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 SUBGRANTEE's performance hereinunder, 8Iid 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. b. Provide professional advice and assistance to the SUBGRANTEE 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 SUBGRANTEE 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 re::ledy 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 SUBGRANTEE to fulfill its obligations under the agreement in a timely and satisfactory manner unless the SUBGRANTEE 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 the SUBGRANTEE in this agreement and compliance with the program guidelines. The DIVISION shall provide SUBGRANTEE 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 prescribed time period. For purposes of this agreement, "good cause" is defmed as circumstances beyond the SUBGRANTEE'S control. In the event of termination of this agreement, the SUBGRANTEE will be compensated for any work satisfactorily completed prior to the notification of termination. Page 2 of4 l 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. i. Any travel expenses must bemaintained 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 DMSION 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 SUBGRANTEE hereby agrees to be responsible for any injurY or property damage resulting from any activities conducted by the SUBGRANTEE. 1. The SUBGRANTEE, other than a SUBGRANTEE which is the State or agency or subdivision of the State, agrees to indemnify and hold the DNISION 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 perfonned under this agreement and shall investigate all claims at its own expense. m. The SUBGRANTEE 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 1HA T such subcontract has been approved by the DMSION prior to its execution, and PROVIDED 1HA T it is understood by the SUBGRANTEE that the DMSION shall not be liable to the Subcontractor for any expenses or liabilities incurred under the subcontract and that the SUBGRANTEE 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 SUBGRANTEE, its officers, agents, and employees, In performance of this agreement, shall act in the capacity of an independent contractor and not as anofticer, employee or agent of the DMSION. Under this agreement, SUBGRANTEE 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. SuaGRANTEE 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 DNISION. 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 SUBGRANTEE 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 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 SUBGRANTEE 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 Page 3 of 4 ~ 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 fmal 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 SUBGRANTEE ~ JI\~ L,l'i.h/W. ~'ICf: Typed Name and Title of .Au orized Official J:J-J1r. ,-~ - ,A~ .~ Witness ~w-L. Witnes ...._... (SEAL) ATTEST: DANNY L KOLHAGE, CLERK BY 4/1/98 Page 4 of4