Loading...
Agenda 09/14/2010 Item #16D 6 Agenda Item No. 1606 September 14, 2010 Page 1 of 17 EXECUTIVE SUMMARY Recommendation to accept the Library's Technology Plan and the current year Action Plan and authorize the Chairman to sign the FY 2010-2011 State Aid to Libraries Grant Agreement permitting the Collier County Public Library to apply for State Aid to Libraries. OBJECTIVE: Obtain acceptance of the Library's Technology Plan and current year Action Plan and signature of the Chairman of the Board of County Commissioners on the attached "FY 2010-2011 State Aid to Libraries Grant Agreement", the Library Technology Plan and Current Y ear Action Plan. CONSIDERA TIONS: Collier County Public Library qualifies for State Aid to Libraries under Chapter 257 of the Florida Statutes. The Florida Department of State, Division of Library and Information Services administers this program. The Agreement, Technology Plan and the current year Action Plan are required elements in order to receive the State funding. The Board has approved submission of the application for State Aid and associated contracts and documents for over two decades. State Aid for FY 2011 was authorized by the 2010 Florida State Legislature. State Aid is available to Florida public library systems that qualify as a result of meeting minimum requirements as stipulated in Chapter 257, Fla. Stat. and Chapter IB-2, Florida Administrative Code. The grant amount is calculated by means of a formula that considers: (1) the amount of local funds appropriated for the Library adjusted by a factor based upon the amount of revenue one mill levy in the jurisdiction would generate, (2) the number of library systems in Florida that qualify in a given year, and (3) the total amount made available by the State Legislature to improve library services within the State. Funds are intended to supplement, rather than replace, local effort towards that end. State Aid may not be used to fund capital construction. It may be used for operating purposes, materials and equipment. FISCAL IMPACT: Preliminary estimates show that Collier County Public Library could receive about $194,000 in State Aid. A budget amendment will be prepared to authorize the expenditure of the amount authorized once a final figure is available. Funds that result from this grant program will not arrive until FY 2010-2011. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient-JBW. RECOMMENDATION: That the Board of County Commissioners accept the Library's Technology Plan and the current year Action Plan, and authorize the Chairman to sign the Agreement for State Aid and these planning documents, authorizing the Library to send the documents to Florida Department of State, Division of Library and Information Services. Prepared by: Marilyn Matthes, Director Agenda Item No. 1606 September 14, 2010 Page 2 of 17 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1606 Recommendation to accept the Librarys Technology Plan and the current year Action Plan and authorize the Chairman to sign the FY 2010-2011 State Aid to Libraries Grant Application permitting the Collier County Public Library to apply for State Aid to Libraries. 9/14/20109:00:00 AM Meeting Date: Prepared By Marilyn Matthes Director - Library Date Public Services Division Library 8/23/20103:38:50 PM Approved By Marla Ramsey Administrator - Public Services Date Public Services Division Public Services Division 8/25/201011:06 AM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 8/25/2010 11 :20 AM Approved By Joshua Thomas Grants Support Specialist Date Administrative Services Division Administrative Services Division 8/26/2010 1: 38 PM Approved By Jeff Klatzkow County Attorney Date 8/30/20104:48 PM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 8/31/20109:35 AM Approved By Sherry Pryor ManagemenU Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 8f31/2010 3:40 PM Approved By Michael Sheffield Assistant to the County Manager Date County Managers Office 9/1/20104:26 PM Agenda Item No. 1606 September 14, 2010 Page 3 of 17 FY11 CURRENT YEAR ACTION PLAN Collier County Public Library September 2010 In FY11, the Library will concentrate on the following: . Start charging non-residents for use of public computers. . Evaluate RFID and self-check circulation systems, determine if funds are available and purchase if appropriate. . Evaluate floating collections and implement if it is determined that it will improve circulation workflow and provide better customer service. . Provide on-going training and career path incentives for all employees. . Encourage patrons to select em ail notification option. . Schedule staff to attend ALA, FLA and other conferences if financially possible. . Transition to I-Borrow replacement-if available. . Promote patron-initiated Interlibrary Loans through on-line catalog. . Continue public programs. . Feature Children's website in library programs. . Complete construction grant report for South Regional. . Continue collection development for new South Regional Library. . Modify meeting room policies to accommodate Rose Hall needs. . Start PLA Planning Process or strategic planning. . Continue to expand downloadable audio books and purchase download stations for regional libraries. . Evaluate and expand Library workgroups. . Schedule additional Millennium training for staff. . Work with Senior Resource Center Board on joint-use facility, the Senior Resource Center. . Consider LSTA Grant for vision equipment for Senior Resource Center. . Partner with State Library and FGCU on any Broadband Stimulus projects. . Expand Library marketing efforts. . Evaluate collection needs at all locations, especially East Naples. Agenda Item No. 1606 September 14,2010 Page 4 of 17 Collier County Public Library TECHNOLOGY LONG RANGE PLAN September 2010 I. Introduction In order to maintain a competitive position in the area of information services and to provide a high standard of public service, Collier County Public Library must offer a wide range of electronic services, as well as traditional print and audiovisual services. This Technology Plan is intended to supplement the Library's Long Range Plan, September 2006, as well as provide guidance in planning for electronic information services, appropriate hardware, software, and telecommunications infrastructure to deliver these services. II. Library Vision Statement The Collier County Public Library recognizes the growing importance of technology in the provision of information services to our customers. With technological innovations, the Library can more readily provide access to a select collection of print and non-print materials, and services for the informational, educational, recreational and cultural needs of the residents of Collier County. Customers will be able to access, exchange, and analyze information readily from electronic sources, which accommodate different learning styles. The Library also recognizes that not all users are comfortable with technology, and seeks to provide appropriate services to all users. III. Library Mission Statement The Collier County Public Ubrary will systematically collect, organize and disseminate in a timely and cost effective manner, a select collection of print and non-print materials, and services for the informational, educational, recreational and cultural needs of the residents of Collier County. Additionally, the Collier County Public Ubrary will provide courteous, knowledgeable and effective customer service in meeting the informational, educational and recreational needs of our community, and will strive to exceed community expectations. IV. Information Technology Assessment A. Current Inventory of Equipment and Services 1. Current Computer Inventory a. Staff Computers - 106 b. Public Use Computers - 177 c. Library Children's Computers - 16 d. Gates Children's Lab - 10 e. Literacy Computers - 4 2. Telecommunications Services and Internet Access (Current) a. Host - 100 Mbps Ethernet Host b. Headquarters - 30 Mbps Internet Access c. Vanderbilt Beach, Naples Regional, Golden Gate, Immokalee, East Naples, Estates Branch, South Regional, Marco Island Branch -10 Mbps Internet Access at each location. Agenda Item No. 16D6 September 14, 2010 Page 5 of 17 d. Everglades City ~ 1.5 Mbps Frame Relay e. Headquarters to County Administration - 20 Mbps Internet Access 3. Network Equipment a. Servers - Sun - Sunfire V240 -- Catalog and Circulation Server - HP Proliant DL-360 (2) - Mail Server I Public-Staff - Collier Friends - Dell PowerEdge 1600 - DNS Server - HP Proliant DL-160 - CCPL Updates, Print Server a. Routers i. Cisco 2821 - Internet router ii. Cisco 3825 - WAN router: Branches connect here iii. Cisco 25xx - Each Branch has this router (all scheduled for retirement) b. Switches i. Cisco Catalyst 3500, 24 port ii. Netgear F2750T2, 48 port iii. Netgear GS716T, 16 port (for Services outside firewall-Servers) iv. Netgear FS726T, 2 each, 24 port c. Firewall: i. Cisco 5510 ASA 4. Internal connections i. Cat 5 wiring used throughout all libraries Ii. Establishing a second telecom closet at Naples Regional, in order to provide more stable signal throughout the building. B. An Assessment of the Telecommunications Services, Hardware, Software, and other Services: All libraries currently have adequate internal data wiring and electrical service for existing computers. Should the Library be able to add public-use computers, additional data and electrical outlets would be needed. As new facilities are built, CAT 6, or current standard for wiring is specified in construction documents. Connections to buildings are fiber. Public-use Wi-Fi is available through Comcast connections. As computers are added to a facility, automation staff evaluates the level of frame relay service and recommends increases as needed. A second telecom closet is being added at Naples Regional. Facility is difficult to wire, due to structural elements. The fiber going to this new closet will enable staff to add computers and provide a more stable wireless connection to the public areas of the building. All areas of the library are using technology to a major extent. All cataloging, circulation, reference, interlibrary loan and administrative functions make extensive use of technology. Staff has emphasized providing services via the Library's web page. Patrons can use the web page to check on materials on loan; to renew materials; to reserve materials; and to view program schedules, hours, locations, and make comments. Additionally, patrons may ask reference questions and request interlibrary loan materials via the web page. The Library also sends out an occasional electronic newsletter to those who indicate they would like to receive it. All library locations provide public Internet access and access to commercial databases, via filtered workstations. Separate computers are provided for patron access to the library catalog, to ensure they are available when needed. The Library did install EnvisionWare, a public-use computer management system, in FY2009. The Library is currently evaluating the additions of setf-check-out stations. The Library has offers wireless Internet access at all libraries, except the Everglades City Branch. Comcast provides connections at no charge to public libraries, so the cost of the project has been Agenda Item No. 16D6 September 14, 2010 Page 6 of 17 minimal--but very popular. As people try to manage financially in the current economic downturn, we find more people using Library computers and the Library's wireless Internet connection. The service is popular, and often the connections slow down do to the large numbers using the service. Comcast could not provide Internet access to the East Naples Branch Library. An Embarq DSL line was installed to provide wireless at that building. As we upgrade network connections, we will consider other alternatives for wireless access. The Library has a computer lab at the Estates Branch Library, funded by the Gates Foundation. The full Microsoft™ Office Suite of Programs and educational games are available for use in the lab, as well as Internet access and hands-on classes in computer usage. The Library received a $31,500 grant to replace these computers, and did so in December 2006. River Park Community Center also has a computer lab for the public to use. The computers were originally funded by a State Library grant, in cooperation with the City of Naples and the Macedonia Missionary Baptist Church. Since the Center is only a few blocks from the Naples Branch Library, staff refers the pUblic to the Center for word processing and longer use sessions than are available at the Naples Branch. The Library continues to provide Internet Access support to this computer lab, and Library Staff members teach classes there. The City of Naples has replaced the computers at this facility. c. Professional Development: All staff members receive training in using the Library's equipment and resources. All new hires go through an orientation that includes a technology assessment, though a hiring freeze has limited the number of new employees. Training is partially planned based on this assessment. Staff members receive speCific training in using technology in their primary job assignments from their supervisors or the supervisor's designee. The Library intends to arrange for additional automation system training for staff in Collier County. The staff members most familiar with our Innovative Interfaces Inc. Millennium system no longer work for the Library-and have not been replaced due to the hiring freeze. In order to maximize the use of the system and provide better management data, additional report training is needed. Formal continuing education training is required and encouraged for all levels of employees. The Library assumes all expenses incurred to provide job related training to all employees. Training is available through: . Collier County Public Library Automation Department . Collier County Information Technology Department . Southwest Florida Library Network . Element K, on-line tutorials . Staff taught workshops . Reference Department Classes Classes include using the Internet, setting up e-mail accounts.using Genealogical resources, commercial databases, First Search, Excel, Word, and others. Generally, most library staff members are capable of using technology to the extent required by their jobs. As in any organization, some are more comfortable with technology than others. Sometimes the public expects staff to 'know everything there is to know' about computers and the Internet. Unfortunately, staff does get frustrated when the public has this expectation. Staff provides as many classes in the use of technology as possible, taking into consideration that all have other responsibilities. Agenda Item No. 1606 September 14, 2010 Page 7 of 17 C. Current budget The Library is governed by Collier County, with the majority of operating funds coming from local property taxes. In addition, the Library generally qualifies annually for State Aid to Libraries. Construction and library books are paid for with Impact Fees that are imposed on new residential construction to help pay for 'infrastructure'. The Library also receives generous donations from the local community and the Friends of the Library. In FY09-10, the Library qualified to receive over $80,000 in E-rate support. These funds were used to purchase additional computers and peripheral equipment and to pay increased costs of expanded bandwidth' capacity. Future funds maybe used to purchase self-cheek-out stations and RFID. D. Needs Assessment With the ILS system and stable network links in place, the Library will focus on four areas for improvement in FY11: 1. Standardization of PC's and software. Upgrading PCs and software would enable all users to use same version of MS Office TM. 2. Stability. Staff and public PC's are vulnerable to a growing array of threats from the Internet and other malicious sources. Effort will be taken to make the systems harder to change or compromise. When possible, self-healing software tools will make it easier for an affected system to be fixed. 3. Staff Training. The best computers and software are still only tools for people to use. Classes on common technology, such as MS Office and Windows, will enable our staff to feel more comfortable, be more productive, and offer more help to patrons. 4. Ease of Maintenance. In conjunction with the three above tasks, we will strive to make the Library's PC's easier to upgrade and service. When possible, automatic tools will deliver needed updates, eliminating the need for individual attention. As a result of the Innovations Workgroup efforts in 2008, the Library did implement EnvisionWare, a PC management system. In 2010-2011, the workgroup will concentrate on evaluation of self- check units. Staff and public-use computers are being replaced with newer models; additional laptops are being purchased to use in staff and publiC computer classes; and training is being planned for those staff needing to improve general personal computer skills. We believe equipment, funding, and training are all in place to ensure a successful year that includes implementation of the new library projects. V. Technology Goals and Objectives and Timeline for Implementation A. To provide the most appropriate electronic information delivery system for patrons. 1. FY11 + Provide additional technology training for staff, enabling them to better understand how our customers use technology. Continue to evaluate commercial databases offered to the public, adding and deleting products as appropriate. . . . . . . . . . . . 2. FY12 . . . . . . + + + 3. FY13 + . + + . + + Agenda Item No. 1606 September 14, 2010 Page 8 of 17 Evaluate usage statistics of current database subscriptions. Survey public on their technology needs that are appropriately handled by the public library. Provide pUblic training on use of commercial databases and downloadable media. Continue to provide special training programs for other County departments and school students in use of commercial databases. Provide publiC training in use of Library website and the websites of other County departments. Continue and expand staff and publiC training. Implement any public service features made available by automation system. Evaluate self-check units. Select two locations as demo sites If feasible. Experiment with some collections becoming 'floating'. Publicize and expand downloadable audio books. a. Consider download stations at Regional Libraries. Implement any parts of ILS, if not completed. Evaluate commercial databases offered to the public. Evaluate usage statistics of current database subscriptions. Survey public on their needs. Provide public training on use of automation system. Provide pUblic training on use of commercial databases. Provide public training in use of Library website. Implement self-checks and RFJD system-wide, if feasible. Implement floating collections system-wide, if feasible. Provide public training on use of automation system. Provide public training on use of commercial databases. Evall,Jate commercial databases offered to the public. Evaluate usage statistics of current database subscriptions. Survey public on their needs. Provide public training in use of Library website. Evaluate and implement any new technologies if appropriate. B. To evaluate and purchase new and changing technology to meet public demand. 1. FY11 . . + . + . 2. FY12 . . . + Implement better security and maintenance systems on PCs and wireless network. Explore and implement new options as we install components of the automation system. Evaluate self-checks. Consider and evaluate thin clients. Evaluate any data line options made available through the county network. Wire additional computer closet with fiber at Naples Regional, to enable more efficient and effective signat strength on public computers and public wireless. Continue to maximize new automation system. Publicize e-book products. Evaluate circulation of laptops and e-book readers. Set up audio down-load stations at libraries that do not have such service. 3. FY13 . . . Agenda Item No. 1606 September 14, 2010 Page 9 of 17 . Consider RFID (Radio Frequency Identification) for circulation at other libraries, if RFID has been selected for other libraries. Review any technology innovations or trends. Consider RFID (Radio Frequency Identification) for circulation. Ensure all libraries have adequate numbers of self-checks, if implemented. c. To connect to relevant information sources outside the library. 1. FY11 . . . . . . . 2. FY12 . . + + + 3. FY13 + . . Evaluate commercial databases offered to the public. Refine Web Bridge' product as part of new automation system. Evaluate usage statistics of current database subscriptions. Survey publiC on their needs. Participate with any State Library selection process. Implement IBorrow replacement (if any). Maximize use of virtual library. Evaluate commercial databases offered to the public. Evaluate usage statistics of current database subscriptions. Survey public on their needs. Work with any State Library or Library consortium projects, such as Virtual Reference. Market virtual Library. Evaluate commercial databases offered to the public. Evaluate usage statistics of current database subscriptions. Survey public on their needs. D. To train staff and educate the public in all forms of electronic information literacy. 1. FY11 . . . . . . . . . . Provide publiC training on use of commercial databases, including classes taught by vendors and volunteers. Continue to provide special training programs for other County departments and school students in use of commercial databases. Provide training to staff on smalt, handheld devices. Provide public training in use of Library website. Provide hands-on classes at Estates Lab, River Park Lab, and Immokalee Lab. Add training classes on use of WestLaw. Keep separate statistics on technology training for staff and the public. Provide public training on e-government options. Hold technology 'petting zoo' for the public. Encourage staff to take advantage of training opportunities with SWFLN and the County. 2. FY12 . . . . . . . . 3. FY013 . . . . . . VI. Budget Planning Agenda Item No. 16D6 September 14, 2010 Page 10 of 17 Provide public training on use of commercial databases, including classes taught by vendors and volunteers. Continue to provide special training programs for other County departments and school students in use of commercial databases. Provide pUblic training in use of Library website. Provide hands-on classes at Estates Lab, River Park Lab, and tmmokalee Lab. Continue training classes on use of WestLaw. Add any training classes for new database subscriptions. Evaluate training statistics and use to develop new programs. Expand training at Golden Gate Branch and at South Regional. Provide public training on use of commercial databases. Continue to provide special training programs for other County departments and school students in use of commercial databases. Provide public training in use of Library website. Provide hands-on classes at Estates Lab, River Park Lab, and Immokalee Lab. Add any new, relevant training classes for both the public and staff. Expand training at South Regional Library. Budget requests of Collier County are reviewed on an annual basis. These requests have generally reflected a 4-6% annual increase. Currently, however, the Library anticipates receiving less local support for equipment replacement, and possibly for electronic resources. In FY11, the Library will not have to discontinue any database subscriptions. There are no guarantees for succeeding years. Projected Technology Related Budget for FY10, FY11, FY12 Software & Equipment: The Library is not replacing computers as quickly as before. Additionally, fewer staff members mean less staff equipment needed. Maintenance: As the Library purchases less replacement equipment, costs of repairs has increased. Data/Phone Lines: Library upgraded line speeds in FY09. Staff Training: The Library has one-third fewer staff to train. VII. EVALUATION Evaluation will be based on current quantitative statistics methods, including the number of users of particular services; the number of training sessions and participants; and any new equipment or software purchases. Costs, as always, are tracked through the normal County bUdgetary process, and are reviewed monthly to ensure the budget is maintained. Information transfer rates are also tracked via systems software, with staff reviewing data monthly. Agenda Item No. 16D6 September 14,2010 Page 11 of 17 Staff continues to evaluate response time for the III circulation module, response time for the public using the wired Internet, and availability and response time for the wireless network. Qualitative information shall be gathered through class evaluation forms and current on~line and in-person comment activities. Class surveys are conducted for every program the Library presents. The Library also records technology outcomes data through both formal and informal methods. User surveys are initiated annually. The automation and other software track usage on a daily basis. Reports are evaluated to ensure the Library is purchasing materials that users want and that staff can assist patrons in using the materials provided. Staff is becoming more adept at gathering and evaluating usage ata. Automation and administration staff reviews on a monthly basis both quantitative and qualitative information. Class surveys are reviewed as new classes are scheduled. Decisions are made on the basis of this information-though changes requiring significant costs may have to wait for the next budget cycle. VIII. STAFF RESPONSIBLE FOR ACTIVITIES, ANTICIPATED STAFF NEEDS, AND REDEFINING STAFF RESPONSIBiliTIES Library automation staff members are responsible for much of the quantitative monitoring. Reports are provided to Library Administration on a monthly basis. This department consists of three employees: . The Library Automation Specialist is responsible for running the automation system and network; . Tech Support Professional is responsible for ordering equipment and supplies, installing software on the desktop, assisting with training; . The Library Technology Specialist is responsible for trouble shooting PCs and installing software at the direction of the Tech Support Professional. They also make recommendations for equipment upgrades, test specific software and hardware, and evaluate new products. Library Reference and Branch librarians evaluate new software and hardware, making purchasing recommendations to Library administration. These staff members provide the core of public and staff training on the use of the Library's web page, the commercial databases, and the Intemet. Both the Digital and Innovations Workgroups also evaluate products for purchase. Their recommendations have led to eliminating some databases, substituting one product for another, purchase of electronic message boards, and purchase of a PC management system. Technical Services librarians and paraprofessionals also provided evaluations of new software prior to installation. They evaluated the cataloging functions of the new system. The Library has been successful in adding staff in its 15 years of automation experience. Starting with no automation staff in 1992, the automation duties were added to those of the Head Cataloger in 1994. The automation function was separated into a separate position by 199B. The first PC support staff member was added in 2000, and the second PC support staff member was added in 2002. Currently the Library is under a hiring freeze. We expect this to continue through FY2009. We can now, however, request on a position-by-position basis, to fill critical positions. Since we only have 3 technology people, we would request to fill any of those positions should they become vacant. Other staff changes anticipated include the addition of staff to open the South Regional Library, in about March 2009. Most of staff handle several responsibilities, especially as the economy changes and regulation limits tax increase. AQenda Item No. 1606 -September 14, 2010 Page12of17 IX. Technology Policies Library Staff, the Library Advisory Board and Library Administration review all policies annually. When technology and public needs change, our public use policies are reviewed and revised as needed. Additionally, the Library intends to start the formal Public Library Association Planning Process, or some type of strategic planning in FY2009, and likely will implement new programs based on information leamed during the process. Attention will be paid in FY09 to compliance with the E-Rate and Patriot Act requirements for technology policies. The Library believes it is in compliance, but will conduct a formal review to ensure that it is. Library Administration further reviews the Goals as the budget process begins in February. Anticipated funds available and anticipated expenses for purchase and maintenance are compared to see if any goals need to be revised. x. Conclusion The use of technology has dramatically changed the way Collier County Public Library does business, as it has for all libraries. Our users are more sophisticated in their ability to use technology, yet we need to still remember that not everyone has reached high comfort zone with technology. We need to provide appropriate services to all of our users, whether it is with technology or not. Technology is one of the ways to provide these services, but is not the end in itself. The provision of information services to meet the 'informational, education, recreation and cultural needs' of Collier County residents is our primary mission. BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA By: Fred Coyle, Chairman ATTEST: DWIGHT E. BROCK, Clerk By: Deputy CIeri< Approved as to form and legal sufficiency: Jenn~~~~ Assistant County Attorney Agenda Item No. 1606 September 14, 2010 Page 13 of 17 Florida Department of State, Division of Library and Information Services STATE AID TO LIBRARIES GRANT AGREEMENT The Applicant (Grantee) Collier County Board of County Commissioners (Name of library governing body) Governing body for Collier County Public Library (Name of library) hereby makes application and certifies eligibility for receipt of grants authorized under Chapter 257, Florida StatutesJ. 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 financial assistance equal to or in excess of $500,000 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 of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, the Grantee shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for federal program matching requirements. State Aid to Libraries Grant Agreement Chapter 18-2.011 (2)(a), Florida Administrative Code, Effective 4-1-2010 Page 1 of 5 Agenda Item No. 1606 September 14, 2010 Page 14 of 17 In connection with the audit requirements addressed in part e., paragraph 1, the Grantee shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the Grantee expends less than $500,000 in state financial assistance 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 $500,000 in state financial assistance 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 the nonstate entity's resources (Le., the cost of such an audit must be paid from the grantee's resources obtained from other than State entities). Information related to the requirements of Section 215.97, Florida Statutes, (the Florida Single Audit Act) and related documents may be found at https://apPs.fldfs.com/fsaa/. Copies of financial reporting packages required by this agreement shall be submitted by or on behalf of the Grantee directly to each of the following: A. The Department of State at the following addresses: Office of Inspector General Florida Department of State Clifton Building, Suite 320 2661 Executive Center Circle Tallahassee, FL 32399-0250 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 f. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest described in Sections 112.311 through 112.326, Florida Statutes, and affirms that it will not enter into or maintain a business or other relationship with any employee of the Department of State that would violate those provisions. The Grantee further agrees to seek authorization from the General Counsel for the Department of State prior to entering into any business or other relationship with a Department of State employee to avoid a potential violation of those statute g. Identify an individual or position with the authority to make minor modifications to the application, if necessary, prior to execution of the agreement. State Aid to Libraries Grant Agreement Chapter 1 B-2.011 (2)(a), Florida Administrative Code, Effective 4-1-2010 Page 2 of 5 Agenda Item No. 1606 September 14, 2010 Page 15 of 17 II. The DIVISION agrees to: a. Provide a grant in accordance with the terms of this agreement in consideration of the Grantee's performance hereinunder, 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, 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 Chief Financial Officer 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, 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 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. If any matter arising out of this Contract becomes the subject of litigation, venue shall be in Leon County. 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 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. State Aid to Libraries Grant Agreement Chapter 1 B-2.011 (2)(a), Florida Administrative Code, Effective 4-1-2010 Page 3 of 5 Agenda Item No. 16D6 September 14, 2010 Page16of17 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, 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 government 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 State Aid to Libraries Grant Agreement Chapter 18-2.011 (2){a), Florida Administrative Code, Effective 4-1-2010 Page 4 of 5 Agenda Item No. 1606 September 14, 2010 Page 17 of 17 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 Bronaugh 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. Date: THE APPLICANT/GRANTEE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA THE DIVISION By: FRED W. COYLE, Chairman Florida Department of State Division of Library and Information Services A TIEST : DWIGHT E. BROCK, Clerk Typed Name By: Deputy Clerk Date Approved as to form and legal sufficiency: Division Witness ~i?'D~ Jennifer . WhIte Assistant County Attorney Oate State Aid to Libraries Grant Agreement Chapter 18-2.011 (2)(a), Florida Administrative Code, Effective 4-1-2010 Page 5 of 5