FY 2000-2001
Clerk of 1IIe
CircuI clun
Danny L Kolhage
(305) 292-3560 (305) 295-3615
Memorandum
To:
James Malloch, Director
Community Services Division
From:
Isabel C. DeSantis,
Deputy Clerk V. c.. C:r~
Date:
Monday, November 13,2000
At the BOCC meeting of October 18,2000, the Board authorized the f1ling and
execution of a Grant Application and Agreement for State Aid to Libraries between
Monroe County and Florida Department of State, Division of Library and Information
Services.
Attached hereto are two (2) duplicate originals executed by Monroe County. It
is my understanding that your office will with the Department. Please be sure that the
copy marked "Clerk's Original" is returned to this office as quickly as possible.
Should you have any questions concerning the above, please do not hesitate to
contact this office.
cc: Finance
County Attorney
~e
MONROE COUNTY MAY HILL RUSSELL LIBRARY
700 FLEMING STREET
KEY WEST. FLORIDA 33040
MEMORANDUM
RE:
October 20,2000
Belle Desantis
Clerk of the Courts Office
Anne Layton Rice . - j---
Library Administrator ~-
BOCC items
DATE:
TO:
FROM:
The attached documents were bulk-approved at the 10/18/00 BOCC
meeting. The Memo of Und~ding was item C-26 and the State Aid
grant application was item ~
Original signatures on both documents are reti I can be reached at
3594 with any questions. Thanking you in advance for your attention.
/\C \p /
\V /V
Phone (305)292-3594
Fax (305)295-3626
annelaytonrice@ivillage.com
s~ ~ u,
Project Number
FLORIDA DEPARTMENT OF STATE
DIVISION OF LIBRARY AND INFORMATION SERVICES
FY2000-2001 STATE AID TO LIBRARIES GRANT APPLICATION
Single County Library
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The Monroe County Board of County Commissioners
(name of library governing body)
governing body for the
Monroe County Public Library
(name of county library)
hereby applies to the Division of Library and Information Services, Florida Department of State, for State Aid to
Libraries grants as authorized under Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries
Grant program, for the fiscal year beginning October 1, 2000 and ending September 30, 2001.
Certification of Local Operating Expenditures
We certify that the following total funds from local sources were expended centrally during the fiscal year beginning
October 1, 1998, and ending September 30, 1999 (second previous fiscal year) for the operation and maintenance
of a library under the conditions outlined in Chapter 257, Florida Statutes, and guidelines for the State Aid to
Libraries Grant program
We further certify that the amount listed below does not include any of the followino:
Funds received from the federal government
Funds received from the state government
Funds used for purchase or construction of a library building or library quarters
Si:Jch 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.
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Total local funds expended centrally by the library for the operation and maintenance of a library between
October 1, 1998 and September 30, 1999. (The second previous year)
$ 2,022,748.12
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Form #DLlS/SA02
Effective 411 198
page 1 of 5
Grant Agreement
The Applicant (Grantee) 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.
I. 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 tQe 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, creed, color, handicap, national origin,
or sex. The Grantee shall insert a similar provision in all subcontracts for services by this
agreement.
d. Submit an audit or attestation statement pursuant to Section 11.45 and 216.349, Florida
Statutes.
e. Identify an individual or position with the authority to make minor modifications to the
application, if necessary, prior to execution of the agreement.
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II. The DIVISION agrees to:
a. Provide a grant in accordance with the terms of this agreement in consideration of the
Grantee's performance herein under, 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 reqtlired 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 of1he 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
Form #DLlS/SA02
Effective 411 198
page 2 of 5
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 authorizetf 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 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.
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 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 obligati.ons under this agreement shall
also be transferred to the successor government entitf 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
Form #DLlS/SA02
Effective 411 198
page 3 of 5
on the Grantee in paragraphs I and '" 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
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Form #DLlS/SA02
Effective 411/98
page 4 of 5
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 Sronough 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 the notification of grant award.
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THE APPLICANT/GRANTEE
THE DIVISION
Katherine Harris
Secretary of State
5 /..... / r' / -e. V F r -<- "<- Y1-'1 01. n
Typed Namel
ekf~
Date
Clerk of the Circuit Court
(or Chief Financial Officer of County
if responsibility is assigned to another position)
-.Da..nf111 L. KO/haqe,
Typed Nam'e and Title of OffiCIal
C / Lr'k..
Date
Date
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Form #DLlS/SA02
Effective 4/1 198
page 5 of 5
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