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01-FLL-05 02/21/2001 1BannpI. ltolbage BRANCH OFFICE 3117 OVERSEAS IDGHWA Y MARAlHON, FLORIDA 33050 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 IDGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DATE: March 1, 2001 TO: James Malloch, Director Community Services FROM: Anne Layton Rice, Administrator Library Services Pamela G. Hanco"'~ Deputy Clerk U ATTN: At the February 21, 2001, Board of County Commissioner's meeting the Board granted approval to accept and authorized execution of the 2001 Florida Library Literacy Grant Agreement, Project No. 01-FLL-05, between Monroe County and the Florida Department of State, Division of Library and Information Services. Enclosed please find two duplicate originals, executed on behalf of Monroe County, for your handling. Please be sure that the "Clerk's Original" is returned to our office as soon as possible. Should you have any questions please do not hesitate to contact this office. Cc: County Administrator w/o documents County Attorney Finance File / CLERK'S OR:CHNAf! PROJECT NUMBER 01-FLL-05 Florida Department of State, Division of Library and Information Services FLORIDA LIBRARY LITERACY GRANT AGREEMENT AGREEMENT executed and entered into ~~,7 , d-trd I BETWEEN the State of Florida, Department of State, Division of Library and Information Services, hereinafter referred to as the DMSION, and the GRANTEE: .~ ~ Monroe County Board of County Commissioners for and on behalf of Monroe County Public Library System the PROJECT: Southernmost Library Family Literacy Initiative the GRANT AMOUNT: Eighteen thousand six hundred eighteen dollars ($18,618) released in two equal payments by the DMSION by June 30, 2001. The project period ends September 30,2001. Unless there is a change of address, any notice required by this agreement shall be delivered to the DMSION, 500 South Bronough Street, Tallahassee, Florida 32399-0250, for the State, and to Monroe County Public Library System, 700 Fleming St., Key West, FL, 33040, for the 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. 5 0 ~ ::! The DMSION, as administrator of state funds authorized under Section 257.191, Florida Statut~~~irozof ~ providing a grant. The GRANTEE agrees to meet all state requirements. o,:c.; ~ 0 r'TlA-, ("'). I "Tl The parties agree as follows: 0 ("'). .. <:) c: ::0 :;'ll:: :::0 z. 0 :ca ;:0 I. The GRANTEE agrees to: ~~~ ~ f'T1 a. Administer all funds granted to it by the DMSION to carry out the project as descri'Q9a ~e m:r>jecg proposal and revisions submitted to and approved by the DMSION. The project proJiosa~d C.1'I ::::0 revisions are incorporated by reference.. . C) CJ b. Provide the DMSION with statistical, narrative, financial and other evaluative reports as requested. c. Retain and make available to the DMSION, upon request, all financial 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 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. Payout all project funds on or before the project ending date. f. Use and maintain adequate flScal authority, control, and accounting procedures that will assure proper disbursement of, and accounting for project funds. g. Perform all acts in connection with this agreement in strict conformity with all applicable State 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 GRANTEE shall insert a similar provision in all subcontracts for services by this agreement. 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 DMSION any and all funds not thus expended. j, Notify the Florida Department of State's International Office of any international travel for a presentation, performance, or other significant public viewing, including and organization associated Page lof4 with a college or university. The notification shall be made at least 30 days prior to the date the international travel is to commence pursuant to Section 15.182, Florida Statutes. k. In the event that the GRANTEE expends a total amount of State awards (i.e., State financial assistance provided to the GRANTEE to carry 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 10.600, 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 Department of State, except that State awards received by a nons tate entity for Federal program matching requirements shall be excluded from consideration. In connection with the audit requirements addressed in Part k, 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 10.600, 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). II. The DIVISION agrees to: I a. Provide a grant in accordance with the terms of this agreement in the amount and frequency as stated above in consideration of the GRANTEE's performance hereinunder, and contingent upon funding by the Legislature. 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 funds on which this agreement is dependent are withdrawn, this agreement is terminated and the state has no further liability to the 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 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 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, 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 shaIl 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 shaIl 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 tenninated 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 the GRANTEE shall be determined by the DIVISION based on the terms and conditions imposed on the GRANTEE in this agreement and compliance with the program guidelines. The DIVISION shall provide GRANTEE a written notice of default letter. GRANTEE shall have 15 calendar days to cure the default. If the default Page 2 of 4 is not cured by the GRANTEE within the stated period, the DIVISION shall tenninate 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. In the event oftennination of this agreement, the GRANfEE will be compensated for any work satisfactorily completed prior to the notification of tennination, f. 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, 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 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, 1. The GRANTEE, other than a GRANTEE which is the State or agency or subdivision of the State, agrees to inderrmify 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 GRANTEE shall be responsible for all work performed and all expenses incurred in connection with the Project. The GRANTEE 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 GRANTEE that the DIVISION shall not be liable to the Subcontractor for any expenses or liabilities incurred under the subcontract and that the 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 GRANTEE, its officers, agents, and employees, in perfonnance 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, p. The GRANTEE 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 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, and obligations of the Department to another govemment 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 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 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 GRANTEE agrees to, and awards to the Department Page 3 of 4 and to its officers, agents, and employees acting within the scope of their official duties, 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 GRANTEE 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. THE DIVISION att Wilkins, Director D' ision of Library and Information Services epartment of State, State of Florida George J1'{ez:L ~~ WItness ~~ ~ fI--, lv/Witness cfJ~ t Witness 11/30/00 Page 4 of 4