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12/19/2001 .} ..J .., ':..., 'rr"J~B j....~~,..'.l.'V~ PROJECT NUMBER: 11-10 Florida Department Of State, Division of Library And Information Services FLORIDA STATE HISTORICAL RECORDS ADVISORY BOARD LOCAL HISTORICAL RECORDS GRANT PROGRAM GRANT AGREEMENT AGREEMENT executed and entered into .--ae~ ~ J ~ I 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 County Public Library the PROJECT: South Florida Court Records Preservation the GRANT AMOUNT: $2,000.00 Payment in lump sum to be processed on date of execution of agreement. The payment schedule is based on special conditions for waiver of s.216.181, F.S. as stipulated by the Comptroller, State of Florida. The funds shall be expended on or before November 30, 2002. 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 Special Collections, Florida State University Libraries, Tallahassee, Florida, 32306-2047, 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 DIVISION, as administrator of state and federal funds authorized under Section 257.12, Florida Statutes, is desirous of providing a grant. Federal funds are provided through the National Historical Publications and Records Commission under the plan of operation approved by the National Archives and Records Administration. The SUB GRANTEE agrees to meet all state requirements and requirements of the National Historical Publications and Records Commission Records Program and the Procedures for the Florida Local Historical Records Grant Program. The parties agree as follows: I. The SUB GRANTEE 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, fmancial and other evaluative reports as requested. c. Retain and make available to the DIVISION, upon request, all financial and progranunatic 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. ".. TJse.~l!<i~Il}'liJ1!a,iJ1.ag,~~a!t?,fi:~c~1 ,1l!l!hoE!YL~0n.:tro!, al1~_,a~~~~tiIlg 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 Page 1 of4 marital status. The SUB 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 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. 1. In the event the SUB GRANTEE expends $300,000 or more in State or Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions ofOMB Circular A-B3, 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 Circular A-B3, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-B3, as revised will meet the requirements of this part. 2. In connection with the federal audit requirements addressed in paragraph j .1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-B3, as revised. 3. If the recipient expends less than $300,000 in State or Federal awards in its fiscal year, an audit conducted in accordance with the provisions ofOMB Circular A-B3, 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 have an audit conducted in accordance with the provisions ofOMB Circular A-B3, 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). k. The National Historical Publications and Records Commission and the DIVISION reserves the royalty- free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use, for State and or Federal government purposes, the copyright in any work developed under a subgrant or contract under a subgrant, and any right of copyright to which a subgrantee or contractor purchases ownership with grant support. 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 perfonnance hereinunder, and contingent upon funding by the Legislature and the National Historical Publications and Records Commission. 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 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 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 exeeuted and entered into in the State of Florida, and shallb~.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. Page 2 of4 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 SUB GRANTEE shall be detennined by the DIVISION based on the tenns and conditions imposed on the SUB GRANTEE in this agreement and compliance with the program guidelines. The DIVISION shall provide SUBGRANTEE a written notice of default letter. SUB GRANTEE shall have 15 calendar days to cure the default. If the default is not cured by the SUB GRANTEE 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 defined as circumstances beyond the SUBGRANTEE's control. In the event of termination of this agreement, the SUB GRANTEE will be compensated for any work satisfactorily completed prior to the notification of termination. f. The Division shall unilaterally cancel this agreement if the SUB GRANTEE refuses to allow public access to all documents or other materials subject to the provisions of chapter 119, Florida Statutes. g. Bills for services or expenses shall be maintained in detail sufficient for proper preaudit and postaudit. h. Any travel expenses must be maintained according to the provisions of Section 112.061, Florida Statutes. 1. The DIVISION shall not be liable to pay attorney fees, interest, late charges and service fees, or cost of collection related to the grant. J. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of the SUB GRANTEE, its agents, servants or employees; nor shall the SUB GRANTEE 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 conducted by the SUBGRANTEE. k. The SUB GRANTEE, other than a SUB 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. 1. The SUB GRANTEE shall be responsible for all work performed and all expenses incurred in connection with the Project. The SUB 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 SUB GRANTEE that the DIVISION 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. m. 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. n. The SUBGRANTEE, 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, 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. SUB GRANTEE agrees to take such steps as may be necessary to ensure that each subcontractor of the SUB 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. o. TheSUBGRANTEE 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 SUB 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 Page 3 of 4 Department to another govermnent 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 govermnent entity as if it were an original party to the agreement. p. 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. q. 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 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 Govermnent, 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. r. 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 SUB GRANTEE 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. 3:: o c z > ~('"")=<; ,2, fT'J =" _(, ("") . r" 0<",:,. C:::;ox 20 0 -; , :<~::c 0> ;:!J G? )> FTI THESUBGRANTE~ THE DIVISION \ Signature of Authorized Official Barr Wilkins, Director . sion of Library and Information Services Department of State, State of Florida Or /ChtL/rm4 r; ~JIJ)..~ Witness 0r-1/J1.--/ Witness ~~ ./ ~ Witness Page 4 of 4 to-.,.) '= '= r-...:J c... :=- ;z: N \.D ..., - r- r'l o ..., o ::0 ;:0 rr1 ("") o :::0 o " :J: .z::- .. U1