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05-ST-38 10/20/2004 Clelt( oIlIIe Circul coun Danny L. Kolhage Office (305) 292-3550 Fax (305) 295-3663 1\4enwrandum To: Jim Malloch, Director Community Services Division Attn. Norma Kula, Director of Libraries From: Isabel C. DeSantis~ . ,~ Deputy Clerk ~ Monday, November 08, 2004 Date: At the BOCC meeting of October 20, the Board granted approval of the filing of the FY 2004-2005 State Aid to Libraries Grant Application (file by October 1, 2004) and authorized execution of the State Aid to Libraries Grant Agreement between Monroe County and Florida Department of State, Division of Library and Information Services to receive State Financial Aid. Enclosed please find two (2) duplicate originals executed by Monroe County for your handling. Please be sure that the one marked Monroe County Clerk's Office is returned to this office as qUickly as possible. Should you have any questions, please do not hesitate to contact this office. cc: Finance, w /0 doc. County Attorney File / .......COMiJ <':lJ,er'k', ~ ~ Project Number 05-ST -38 Monroe County Florida Department of State, Division of Library and Information Services STATE AID TO LIBRARIES GRANT AGREEMENT The Applicant (Grantee) MONROE COUNTY BOARD OF COUNTY COMMISSIONERS (Name of library governing body) Governing body for MONROE COUNTY PUBLIC LIBRARY (Name of library) 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 the 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, 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. 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. 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 ofthe Executive Office of the Governor and the Comptroller, and Chapter 10.550, 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 Florida Department of State, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. In connection with the audit requirements addressed in Section e, 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 10.550, 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). f. Identify an individual or position with the authority to make minor modifications to the application, if necessary, prior to execution of the agreement. II. The DIVISION agrees to: a. Provide a grant in accordance with the tenns of this agreement in consideration of the Grantee's perfonnance 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 tennination 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 required 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 of the parties. There are no provisions, tenns, 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, perfonned, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perfonn its obligations hereunder in accordance with the tenns and conditions of this agreement. c. If any tenn 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 tenn 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. 1. 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 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, wAi&tl whose 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 obligations under this agreement shall also be transferred to the successor govemment entity 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 on the Grantee in paragraphs I and III 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 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 Bronough 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 execution of the grant agreement. THE APPLICANT/GRANTEE THE DIVISION Division of Library and Information Services Department of State, State of Florida Murray E. Nelson Typed Name Typed Name October 20, 2004 Date ~~ )J}3-05' Date ~ . ess . R.d~ (/ Danny L.. ..~~..,,~.C.I. e. rk Typed ~d; i e ial /;. /. . c. -_..,~ ....r '- .".... "'l'-2"-""-i"LJ .. \\'. /;l~,,:~ /".' ,{""" 1 '? 1 ;..,. , '..~' >\"\ i{"" i ...., /~'- ..:-' '\ ,(\1 !_:l.:'- '.'-:',_. ,_~ '''''~',:'':_.._'~~ Oct.%.e-1t'2." ~4' ;Y::1I Date A -J3 -05- Date ..> i :::1 r)' c _.'.... . . :"'~ I:? !', (.,f~ ... ". .....-... S U Do.,.I(:: t:i:; . :..j .... . A SIS~A' fJ' 'f),'~'nWTORN\:;': ~._ -"0 .3...~.- ~,;:"'-'-'