Item C21BOARD
OF COUNTY COMMISSIONERS
AGENDA ITEM
�MMARY
Meeting Date: Se tember 20 2006
Division:
Camtnunity Services
Bulk Item: Yes X No
— —
Department:
D
Lib
� rary
Staff
Contact Person: Norma Kula x7349
AGENDA ITEM WORDING:
Approval of -the filing of a
Upgrade Grant, from the Florida
grant
Department
reement for the
of
Public Access Computing Hardware
tate, DLIS, and the Bill and Melinda Gates
Foundation, to upgrade or
Ply
replace
eP
m uters received
P1
throu 'the original ant to the Monroe
County Public Library in 1999.
ITEM BACKGROUND:
See memo attached herein
PREVIOUS RELEVANT BOC
ACtI
N:
The original grant was approved
b
the BOCC at
the May 24, 1999 meeting.
CONTRACT/AGREEMENT CHANtGItS:
N/A
STAFF RECOMMENDATIONS:
Approval
j
TOTAL COST: 00
BUDGETED:
es j
X
No —
COST TO COUNTY: $ 00
Ij
SOURCE OF FUNDS:
N/
REVENUE PRODUCING: Yes
X No
OUNT P
c�
R
Year
$ 22,500.00
APPROVED BY: County AtOMB/Purchasingt
sk
ement
DOCUMENTATION: Included
x t Required,__
DISPOSITION:
AGENDA
TEM #
Revised 8/06
I
Memoimdim
To: Monroe County rd of Commissioners
III II
From: Norma Kula, Dire t r of Libraries,
Date: 8/25/2006
Re: BOCC Agenda I approval of Gates Grant Agreement
The above -referenced
Florida, Department of
the grant which the Mo
Bill and Melinda Gates
software to the Library
was $ 43,374.00_ This
computers for public ac
may still be in use.
an agreement between Moi
Division of Library and Infor
:ounty Public Library applied
cation, which provided fifteer
n, for use in public access cc
ie grant is in the amount of $
with the intent of replacing tt
puting
and the State of
ices. It is a follow-up to
eived in 1999 from the
and accompanying
ie amount of that grant
to be used for 15
fated equipment that
1
MONROE COUNTY OARD OF COUNTY COT AMISSIONERS
CONTRACT
Contract with: FL Dept. of State
Contract Purpose/Description:
Funding to upgrade and replace outdated
the Public Lib
SUMMARY
DuS Contract #
Effective Date:
Expiration Date:
computers used for p
Dated
execution
DLIS
31, 2006
computing in
ecemb
blic'acce,ss
Contract Manager: Norma Kula 7349 L
(Name) (Ext.)
for BOCC meeting on Sept. 20, 2Q06 Agenda Deadline: Sept.
bra / #
(Department/Stop
2t06
#)
Total Dollar Value of Contract: $
Budgeted? Yes® No ❑ A
Grant: $ 22,500.00
County Match: $ -00-
N�j;8ACT COSTS
500.00 Current Year
Codes: _
ADDITIONAL COSTS
Estimated Ongoing Costs: $-00-/yr ! For:
(Not included in dollar value above) (ee. maintenance.
ion: $ 22,500.00
Chang
D to Jn Deeded
Division Director (� YesL]
b Yes
Risk Manag Fng
M.B./PurchY O aes
County Attorney Yes(f,'
Comments:
CONTRACT REVIEW
es
'
No[+ ' Lt� A
I❑ N?
� No
No[]. /
weal
,
Date Out
k aT, 04
OMB Form Revised 2/27/01 MCP #2
Florida Department of S
Bill a
Public Access
Division of Library and Inf
felinda Gates Foundation
iputing Hardware Upgrade
ANT AGREEMENT
06-Gates-28
Services
AGREEMENT executed and entered into
11
BETWEEN the State of Florida, Department oaf State, Division of Library andInformation! Services, hereinafter
referred to as the DIVISION, and the
GRANTEE: Monroe County Board of County Commis ioners� for and
on behalf of Monroe County Public Libr System
the PROJECT: Public Access Computing Hardware Upgrade Grant
the GRANT AMOUNT: Twenty-two thousand five hundred dollars ($22,500)
released in one equal advance payment on a'date determined by the Division af ter consultation with the GRANTEE.
The funds shall be expended on or before December 31, 2006 for Priority 1 ftmds and December 31, 2008 for
Priority 2 funds.
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) 31399-0250, for the State, and to onroe County Public Library
System, 700 Fleming St., Key West, FL, 33b40, for the GRANTEE. In the ev nt of a change of address it is the
obligation of the moving party to notify the other party in writing of the chang .of address.'
The DIVISION, as administrator of state funds authorized under Section 257.1 2, Florida Statutes, is desirous of
providing a grant. The GRANTEE agrees to meet all state requirements.
i
The parties agree as follows:
I. The GRANTEE agrees to:
a. Administer all funds granted td it by the DIVISION to carry out the Billi and 'Melinda Gates
Foundation Public Access Computing Hardware Upgrade Grant roject'as described in the online Tech
Atlas application and revisions submitted to and approved by the IVISIOM! The application and
revisions are incorporated by r4erence.
b. Provide the DMSION with statistical, narrative, financial and other evaluative reports as requested.
c. Retain and make available to t e DIVISION, upon request, all financial and Orogrammatic records,
supporting documents, statistiral'records, and other records for the project. 1I
d. Retain all records for a period f 5 years from the date of submission of the Anal project report. If any
litigation, claim, negotiation, audit or other action involving the records has been started before the
expiration of the 5 year period4 the records shall be retained until completion:of the action and
resolution of all issues which 4ige from it, or until the end of the regular 5 year period, whichever is
later.
e. Pay out 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 project funds.
Ili
Page 1 of 7
g. Perform all acts in connection
and regulations.
h. Not discriminate against any c
applicant for employment bec
marital status. The GRANTE
agreement.
i. Expend all grant funds receive
funds will not be used for lobt
j. In the event that the GRANTI
excess of $500,000 in any fist
specific audit for such fiscal y
of the Department of Financia
(nonprofit and for -profit orgai
financial assistance expended
assistance, including state fina
agencies, and other nonstate e
through awards and resources
requirements.
In connection with the audit re
that the audit complies with tb
submission of a financial repo
Chapters 10.550 (local govern
of the Auditor General.'
If the grantee expends less tha
conducted in accordance with
event that the grantee expends
to have an audit conducted in
cost of the audit must be paid
be paid from the grantee's rest
Information related to the regi
Act) and related documents in
vih this agreement in strict confoi
i
a�loyee employed in the performs
.isle of race, color, religion,', gender
shall insert a similar provision in
l tinder this agreement solely for tl
ring the legislature, the judicial br;
expends a total amount of state f
1 'ear of such grantee, the grantee
arl in accordance with Section 215
Services; and Chapters 10.550 (Io
zations), Rules of the Auditor Ger.
i its fiscal year, the grantee shall c
cial assistance received from the I
tines. State financial assistance do
eceived by a nonstate entity for Fc
pp
with all applicable State laws
✓
of Iithis agreement, or against any
ional o0gin, age, handicap or
ubcontacts for services by this
if the project. These
state agency.
racial assistance equal to or in
ust Have 44 State single or project-
Florida',IStatutes; applicable rules
I goernniental entities) or 10.650
al. In det, rmining the state
sider all sources of state financial
partiient''of State, other state
not include Federal direct or pass-
ral program matching
;ments addressed in part j., par grap
uirements of Section 2 15.97( ), Fl(
package as defined by Section 215.1.
al entities) or 10.650 (nonprofit and
500,000 in state financial assists ce in
provisions of Section 215.97, Florida
; than $500,000 in state financial assist
irdance with the provisions of Section
a the nonstate entity's resources (i.e., 1
,es obtained from other than State enti
nents of Section 215.97, FloriStatu
oe found at www.fsaa.state.fl.us.
Copies of financial reporting packages required by this agreement shall
the grantee directly to each of the: following:
1. The Department of State at the following addresses:
Department of State
Grants Office
Division of Library and Information Services
R. A. Gray Building, 2nd Floor
500 South Bronough Street
Tallahassee, FL 32399-0250'.
2. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building j
111 West Madison (Street
Tallahassee, Florida 32399-1450
1, e GRANTEE shall ensure
da tatutes. This includes
(2), Florida Statutes, and
)t-profit organizations), Rules
is fi Cal year, an audit
tatu Des, is not required. In the
ice I its fiscal year and elects
15.07, Florida Statutes, the
e cost of such an audit must
Florida Single Audit
by or on behalf of
Page 2 of 7
II.
The DIVISION agrees to:
a. Provide a grant in accordance vvith the terms of this agreement in the ar�oun� and frequency as stated
above in consideration of the Gr NTEE's performance hereinun er, arid contingent upon funding by
the State of Florida. The State o Florida's performance and obli ation to pay under this agreement is
contingent upon an annual apr ropriation by the Legislature and r ceipt of fluids from the Bill and
Melinda Gates Foundation. Ir�the event that the funds on which s agreement is dependent are
withdrawn, this agreement is t rmmated and the state has no fort er lia ility to the GRANTEE beyond
that already incurred by the teimmation date. i
b. Provide professional advice and assistance to the GRANTEE as reeded in =de
ng and
evaluating the project.
c. Review the project during the gr nt period to assure that adequat progress toward
achieving the project objectives.
The GRANTEE and the DIVISION mutually agree that:
a. This instrument embodies the on ' e agreement of the parties. Th re are no provisions, terms,
conditions, or obligations other tian those contained herein; and is agreement shall supersede all
previous communications, repfe� entations, or agreements, either erbal or written, between the parties.
No amendment shall be effective unless reduced to writing and si ned I y the parties.
b. This agreement is executed and t ntered into in the State of Florida, and hall'i'be construed, performed,
and enforced in all respects in 'ac ordance with the laws and rules of the State of Florida. Each party
shall perform its obligations hereunder in accordance with the ternis and conditions of this agreement.
c. If any term or provision of the ',agreement is found to be illegal an une4orc'able, the remainder of the
agreement shall remain in full foice and effect and such term or rovisi n shall be deemed stricken.
Sr' provision
d. No delay or omission to exercise any right, power or remedy accruing to eithr party upon breach or
default by either party under this agreement shall impair any such right,,powr or remedy of either
party; nor shall such delay or omission be construed as a waiver f any ruch 3reach or default, or any
similar breach or default.
e. This agreement shall be terminated by the DIVISION because of failure', of tl e GRANTEE to fulfill its
obligations under the agreement a timely and satisfactory manner unless the GRANTEE
demonstrates good cause as to: y it cannot fulfill its obligations. Satisfaction of obligations by the
GRANTEE shall be determined y the DIVISION based on the terms and conditions imposed on the
GRANTEE in this agreement inn compliance with the program guidelines. The DIVISION shall
provide GRANTEE a written nonce of default letter. GRANTEI shall have 15 calendar days to cure
the default. If the default is not Tired by the GRANTEE within the stated period, the DIVISION shall
terminate this agreement, unless the GRANTEE demonstrates good cause as I,io why it cannot cure the
default within the prescribed time period. For purposes of this agreement, "good cause" is defined as
circumstances beyond the GF-O TEE's control. In the event of termination Iof this agreement; the
GRANTEE will be compensated for any work satisfactorily completed prior to the notification of
termination, if equitable, as defertnined by the DMSION.
f. The DIVISION may require the GRANTEE to reimburse the DIVISION for �11 of part of the grant
funds, due to failure of the G TEE to abide by its obligations under this agreement.
g. The Division shall unilaterally!c cel this agreement if the GRANTEE ref ises to allow public access
to all documents or other mateiia s subject to the provisions of chapter f 19, Florida Statutes.
h. Bills for services or expenses shall be maintained in detail sufficient for,proper preaudit and postaudit.
i. Any travel expenses must be rilaintained according to the provisions of Section 112.061, Florida
Statutes.
j. The DIVISION shall not be liable to pay attorney fees, interest, late ch& ges and service fees, or cost of
collection related to the grant.
I I j
Page 3 of 7
illil
k. The DIVISION shall not s e an liability r o ass y i ty for the acts, omissi�ns to act o'r negligence of the
GRANTEE, its agents,, servants r employees; nor shall the GRANTEE exclude liability for its own
acts, omissions to act or negli$e, ce to the DIVISION. In addition, the GRANTEE hereby agrees to be
responsible for any injury or p,ro erty damage resulting from any activities conducted by the
GRANTEE. {
1. The GRANTEE, other than a 61RANTEE which is the State or a ency dr subdivision of the State,
agrees to indemnify and hold e DIVISION harmless from and ainst any and all claims or demands
for damages of any nature, inc u g but not limited to personal ' jury, death, or damage to property,
arising out of any activities performed under this agreement and 11 investigate all claims at its own
expense.
m. The GRANTEE shall be respons ble for all work performed and 11 expenses' incurred in connection
with the Project. The GRANhE may subcontract as necessary t perform the services set forth in this
agreement, including entering �n o subcontracts with vendors for ervices and commodities,
PROVIDED THAT such subcon act has been approved by the D SIbN prior to its execution, and
PROVIDED THAT it is under A od by the GRANTEE that the D SIbN shall not be liable to the
subcontractor for any expenseor liabilities incurred under the su contract and that the GRANTEE
shall be solely liable to the subcontractor for all expenses and lia ilities 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 int this ontractual relationship.
i
o. The GRANTEE, its officers, age ts, and employees, in performa ce of this a eement, shall act in the
capacity of an independent contractor and not as an officer, empl yee or age nt of the DIVISION.
Under this agreement, GRAN114Eis not entitled to accrue any be efits of state employment, including
retirement benefits and any other 'rights or privileges connected w�th employment in the State Career
Service. GRANTEE agrees totake such steps as maybe necessary to ensure!, that each subcontractor of
the GRANTEE will be deemed t 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, ublicense or otherwise transfer is rights, dirties, or obligations under
this agreement without prior wtitien consent of the Department, m hick consent shall not be
unreasonably withheld. The acre ment transferee must demons to corhpliance with the requirements
of the program. If the Department approves a transfer of the GRAANTEE's obligations, the GRANTEE
remains responsible for all work performed and all expenses incurred inconnection with the
agreement. In the event the Le' Wature transfers the rights, duties and obligations of the Department
to another government entity per uant 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 p'a to the agreement.
q. This agreement shall bind the suc essors, assigns and legal repres�ntativ� of?the GRANTEE and of
any legal entity that succeeds tb obligation of the DIVISION.
r. When publications, films or sh te
r materials are developed, direc ly or indirectly, from a program,
project, or activity supported w1ith grant funds, any copyright resu ling therefi m shall be held by the
Department of State. The author may arrange for copyright of suc matoria14 only after approval from
the DIVISION. Any copyright ar�ranged for by the author shall include acknowledgment of grant
assistance. As a condition of gra t assistance, the GRANTEE agrees to, and awards to the Department
and to its officers, agents, and loyees acting within the scope f their official duties, and if
applicable, the Federal Goverrune rit, a royalty -free, nonexclusive, d irievoc ble license throughout
the world for official purposes, to publish, translate, reproduce, an use all subject data or
copyrightable material based on s ich data covered by the copyri t.
i
IV. The term of this agreement will commence on the date of its exec tion and shall end upon successful
completion of all obligations under this agreement by the GRANT E; or this agreement may end upon
its termination as described herein.
Page 4 of 7
I
V. The following attachme
Bill and Melinda Gates
THE GRANTEE THE DIVISION
Signature of Authorized Official
Typed Name and Title of
Authorized Official
Witness
Witness
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
ri
S AN M. GRIMSL
ASSIS NT OU1�TY A TORNEY
Date _ � ! Y" A�
chment.
Bill ai
Public Access i
Monroe
VI. The GRANTEE agrees to:
a. Purchase and install at
location.
b. Priority 1 funding is pi
computers in the follo)
C.
ATTACHMENT
A Melinda Gates Foundati n
mputing Hardware Upg IIa�de Grant
County Public Library System 'I
06-Gates-28
0 the number of computers listed below for each specified
ded in the amount of $22,50 to p�Irclase at least 15
gfacilities:
Minimum Number
Facili of Commters Funding
George Dolezal Branch 5 $7,500
Key Largo Branch 5 $7,500
Monroe County Public Li ary 5 $7,500
Computers listed as Priori 1, must be purchased and installed rio later than
December 31, 2006.
Priority 2 funding is pro
vi d in the amount of $ - 0 -to purc ase, at least - 0 -
computers in the followin acilities:
Facili
Minimum Number
of Computers
Funding
N/A -0- -0-
Computers listedPriori
as Pri ri2, must be purchased and i�stallid no later than
December 31, 2008.
d. All computers purchased must be used for public acc
used to purchase staff computers.
e. If funds remain after the p4ase of the number of c
remaining funds must be used to purchase additional
items as listed in part VI., paragraph f.
Page 6 of 7
Funds cannot be
rs fo the locations listed,
access computers or other
1
f. Grant funds can belused o urchase computer hardware, in ludng the following:
CPUs, keyboards, mice, im nitors, and audio peripherals (e.J. speakers and
headphones), and compulei software.
g. Grant funds cannot be used to purchase the following: fun !ture fiarnishings,
renovation of facilities, or dditional peripherals (e.g. �rinte -S, networking equipment,
projection devices or smart boards).
Page 7 of 7