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Resolution 103-1993 Corrmllnit-y Services Division RESOLUTION NO. 103_1993 A RESOLUTION OF THE MONROE COUNTY BOARD OF COMMISSIONERS AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT WITH THE DEPARTMENT OF STATE, BUREAU OF ARCHIVES AND RECORDS MANAGEMENT FOR A LIBRARY PHOTOGRAPHIC PRESERVATION PROJECT WHEREAS, by Resolution No. 588-1992, the MQnroe aounty~ L...1 '-..- -. '..' Board of Commissioners authorized the submission o~ a 'grant application to the Department of State, Bureau Of Archives:; and Records Management to request funding for the ~onroe County Public Library for its Photograph Preservation .~ Project; and , :) WHEREAS, the Florida State Historical Reco~cfs Advl~orYn; Board recommended a grant of $4,105.00 at i ts February,~'5th',~ meeting for this project to be implemented and completed within one year; and WHEREAS, Monroe County is to provide a match for this project with in-kind services and volunteers donated time; now therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: 1. The Mayor of the Board is hereby authorized to execute the Library Historical Photographs Preservation Grant Agreement; and that 2. This resolution shall become effective immediately upon adoption by the Commission and execution by the Presiding Officer and Clerk. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 4th day of March, A.D., 1993. Mayor London Mayor ProTem Cheal Commissioner Freeman Commissioner Harvey Commissioner Reich yes yes yes absent yes (Seal) Attest.fl~h.Lc. &'..d~ , COUNTY COMMISSIONERS call ~_ PROJECf NUMBER: II-IO FWRlDA WCAL HISTORICAL RECORDS GRANT PROJECf GRANT AGREEMENT AGREEMENT made and entered into this day of , in the year 19 _ BETWEEN the State of Florida, Department of State, Division of Library and Information Services, hereinafter referred to as the DIVISION, and the .I SUB GRANTEE: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS the PROJECf: the GRANT AMOUNT: $4, 105 PHOTOGRAPH PRESERVATION 4/93 THRU4/94 Released in total in advance on April 5, 1993. 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 no later than 90 days after the approved ending date of the project. Unless there isa change of address, any notice required by this agreement shall be delivered to the Division of Library and Information Services, 500 South Bronough Street, Tallahassee, Florida 32399-0205, for the' State and Monroe County Public Library, 700 Fleming Street, Key West. FL 33040 for the SUB GRANTEE. WITNESSETII WHEREAS, the Division, as administrator of federal funds authorized under Section 257.l2, Florida Statutes is desirous of providing a grant; WHEREAS 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; WHEREAS, as project has been proposed to and approved by the State Historical Records Advisory Board as provided for in the National Historical Publications and Records Commission Records Programs: Guidelines and Procedures; and WHEREAS, the SUBGRANTEE agrees to meet all the requirements of the National Historical Publications and Records Commission Records Program: Guidelines and Procedures and the DIVISION's Guidelines and Procedures for the Florida Local Historical Records Grant Project; NOW, THEREFORE, the parties heretofore agree as follows: I. The SUBGRANTEE agrees to: a. Administer all funds provided to it by the DIVISION to carry out the project as described in the project proposal and revisions submitted to and approved by the State Historical Records Advisory Board. b. Provide the DIVISION with financial and narrative project progress reports as requested, c, Retain and make available to the DIVISION and to the National Historical Publications and Records Commission and the Comptroller General of the United States, or any of their authorized representatives upon request access to any pertinent books, documents, papers, or other records which are pertinent to the grant, in order to make audits, examinations, excerpts, and transcriptions for a period of three years after SUB GRANTEE makes fmal payment and all other pending matters are closed. d. Expend all project funds no later than 90 days after the end of the funding period. e, Use adequate fIscal authority, control, and accounting procedures that will assure proper disbursement of, and accounting for federal project funds; and maintain complete fmandal records for all matters relating to this agreement and retain these records as provided for in "(c)" above, f. Perform all acts in connection with this agreement in strict conformity with all applicable State and Federal laws and regulations. g. Not discriminate in providing space for public meetings or 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 SUBGRANTEE shall insert a similar provision in all subcontracts for services by this agreement. h. 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,: 1, Have an audit of fmandal operations performed by an independent auditor, including complian~ with provisions of federal law and regulations in the Single Audit Act of 1984. . J. Each SUBGRANTEE other than a SUBGRANTEE that is a state agency shall submit to an audit to be performed in accordance with the rules of the Auditor General promulgated pursuant to Section 11.45, Florida Statutes, or submit an attestation statement. Such audit or statement will be fIled with the Department of State who will also me the audit or statement with the Auditor General. If the amounts received exceed $100,000, an audit must be performed in accordance with rules of the Auditor General promulgated pursuant to Section 11.45, Florida Statutes. If the amounts received exceed $25,000 but do not exceed $100,000, an audit must be performed in accordance with the rules of the Auditor General promulgated pursuant to Section 11.45, Florida Statutes, or a statement must be prepared by an independent certifIed public accountant which attests that the receiving entity or organization has complied with the provisions of the grant. If the amounts received do not exceed $25,000, the head of the entity or organization shall attest, under penalties of perjury, that the entity or organization has complied with the provisions of the grant. k, Indemnify and hold the State harmless from and against any and all claims or demands for damages resulting from personal injury, including death or damage to property, arising out of any activities performed under this agreement and shall investigate all claims of any nature at its own expense, In addition, the SUBGRANTEE hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the SUBGRANTEE. I. 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 THAT it is understood by the SUBGRANTEE and Subcontractor 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, The National Historical Publications and Records Commission and the DIVISION reserves a 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: 1. The copyright in any work developed under a subgrant or contract under a subgrant; and 2. Any right of copyright to which a subgrantee or contractor purchases ownership with grant support. n, Deposit and maintain advances of federal funds in an interest bearing account with Federal Deposit Insurance Corporation (FDIC) insurance coverage. Except for interest earned on advances of funds exempt under the Intergovernmental Cooperation Act (31 U.S,C, 6501 et seq.) and the Indian Self- Determination Act (23 U.S,c. 450), the SUBGRANTEE shall promptly, but at least quarterly, remit interest earned on advances to the National Historical Publications and Records Commission, The SUBGRANTEE may keep interest amounts up to $100 per year for administrative expenses. II, The DIVISION agrees to: a, Provide a grant in accordance with the terms of this agreement in the amount and frequency stated above in consideration of the SUBGRANTEE's performance hereunder, and contingent upon funding by the National Historical Publications and Records Commission and upon an annual appropriation 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 is withdrawn, this agreement is terminated and the state has no further liability to the SUBGRANTEE beyond that already incurred by the termination date, In the event of a state revenue shortfall, the entire 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, along with the CERTIFICATIONS AND ASSURANCES, embodies the whole agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein and in the above stated CERTIFICATIONS AND ASSURANCES; and this agreement shall supersede all other previous communications, representation, or agreement 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 St~te 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 par~ 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 effective and such term of provision shall be deemed stricken. d, This Agreement may be canceled by either party, with or without reason, by giving 30 days written notice, In case of cancellation, only amounts accrued to the date of cancellation shall be due and payable. e, 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 breath or default or any similar breach or default. f. This agreement may be terminated by the DIVISION because of failure of the SUBGRANTEE to fulfill its obligation under the agreement in a timely or satisfactory manner. Satisfaction of obligation by SUBGRANTEE shall be determined by the DIVISION. The DIVISION shall provide SUB GRANTEE a written notice of default letter, SUBGRANTEE shall have 15 calendar days to cure the default, unless it is determined by the DIVISION that it is necessary that the default be cured immediately. If the default is not cured by the SUBGRANTEE within the stated period, the DIVISION has the option to terminate this agreement. Notice shall be sufficient if it is delivered to the party personally or mailed to its specified address. g, This Agreement may be unilaterally canceled by the DIVISION in the event that the SUB GRANTEE refuses to allow public access to all documents or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the SUBGRANTEE. h. Copies of consultant contracts, and bills for services or expenses shall be submitted in detail sufficient for proper preaudit and postaudit. I. Any travel expenses must be maintained according to provisions of Chapter 112, Florida Statutes. J, Unless authorized by law and agreed to in writing by the DIVISION, the DIVISION shall not be liable to pay attorney fees, interest, or cost of collections. k. The DIVISION 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, 1. 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 State, SUBGRANTEE 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 State, m. Neither party shall assign, sublicense, nor otherwise transfer its rights, duties, or obligations under this agreement without the prior written consent of the other party which consent shall not unreasonably be withheld, Any sublicense, assignment, or transfer otherwise occurring shall be null and void; provided, however, that the DIVISION shall at all times be entitled to assign or transfer its rights, duties, or obligations under this agreement to another governmental agency in the State of Florida, upon giving prior written notice to the SUBGRANTEE, In the event the DIVISION approves transfer of SUBGRANTEE's obligations, the SUBGRANTEE remains responsible for all work performed and all expenses incurred in connection with the agreement. n, This agreement shall bind the successors, assigns, and legal representatives of the SUBGRANTEE and of any legal entity that succeeds to the obligations of the DIVISION. p. 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. , V. Any modifications or attachments to this Agreement are enumerated below. WITNESSETH: THESUBGRANTEE THE DIVISION / Signature of Authorized Official Barratt Wilkins, Director Division of Library and Information Services Department of State, State of F10rida Jack London - Mayor/Chairman Typed Name and Title of Authorized Official (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK ~. Witness By: ~ Deputy Clerk Witness ~ sSO Date "'2-- PUBLIC ACCESS STATEMENT I hereby certify that the records owned and maintained by MONROE COUNTY BOARD OF COUNTY COMMISSIONERS (name of institut~on) are accessible free of charge to the public on an equal basis without favor or prejudice. The institution does not grant privileged or exclusive use of material unless required to do so by law, depositor or purchase conditions. The materials under the Florida Local Historical Records Grant Project are not restricted by law, depositor or purchase conditions. The public has the right to inspect the finding aids and to obtain copies of a reasonable amount of material for private study. Established regulations needed to protect the institution and its holding are applied equally to all persons, users, visitors or staff. Signature of Authorizing Official date (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk