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Agenda 09/11/2012 Item #16D 291111120 ^2 Item 16.0 .- Recommendation to approve and authorize the Chairman to sign the FY2012 -2013 State Aid to Libraries Grant Agreement, Technology Plan, and Current Year Action Plan, permitting the Collier County Public Library to apply for State Aid to Libraries. Fiscal Impact ($219,000). OBJECTIVE: Approval of documents required for signature of Chairman on Grant Agreement. CONSIDERATIONS: Collier County Public Library qi 257 of the Florida Statutes. The Florida Department Services administers this program. The Grant Agreemen Plan are required elements in order to receive the State f the application for State Aid and associated contracts and FY 2013 was authorized by the 2012 Florida State Legislz State Aid is available to Florida public library systems requirements as stipulated in Chapter 257, Fla. Stat. and C grant amount is calculated by means of a formula tI appropriated for the Library adjusted by a factor based u] jurisdiction would generate, (2) the number of library sys- (3) the total amount made available by the State Legislate Funds are intended to supplement, rather than replace, loc; State Aid may not be used to fund capital construction. It materials and equipment. to apply for State Aid to Libraries and ifies for State Aid to Libraries under Chapter State, Division of Library and Information Technology Plan and the current year Action ding. The Board has approved submission of )cuments for over two decades. State Aid for that qualify as a result of meeting minimum iapter 1B -2, Florida Administrative Code. The it considers: (1) the amount of local funds on the amount of revenue one mill levy in the ;ms in Florida that qualify in a given year, and re to improve library services within the State. I effort towards that end. y be used for operating purposes, personnel. FISCAL IMPACT: Preliminary estimates show that Col ier County Public Library should receive abou, $219,000 in State Aid. Upon notification of the grant awz rd, the Board will be asked to accept the grant and approve the budget amendment to recognize the revenue and appropriate the expenditures in Public Service Grant Fund 709. There is no impact to the Genera Fund with this grant. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action. — G GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve 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, directing the Library to send the documents to Florida Department of State, Division of Library and Information Services. Prepared By: Marilyn Matthes, Library Director Attachments: Grant Agreement (2 copies); Current Year Library Work Plan; Library Technology Plan Packet Page - 2767- COLLIER COUNTY Board of County Commissioners Item Number: 16.D.2. 9!' 112x"121 Item 1 r .' .-' Item Summary: Recommendation to authorize the Chairman to sign the FY 2012 -2013 State Aid to Libraries Grant Agreement, Technology Plan, and Current Year Action Plan, permitting the Collier County Public Library to apply for State Aid to Libraries. Fiscal Impact ($219,000). Meeting Date: 9/11/2012 Prepared By Name: MatthesMarilyn Title: Director - LibraryLibrary 7/18/2012 2:58:47 PM Submitted by Title: Director - Library,Library Name: MatthesMarilyn 7/18/2012 2:58:50 PM Approved By Name: AlonsoHailey Title: Operations Analyst, Public Service Division Date: 7/31/2012 2:47:50 PM Name: Ackerman-Maria Title: Senior Accountant, Grants Date: 8/1/2012 9:25:35 AM Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 8/23/2012 8:33:22 AM Name: CarnellSteve Title: Director - Purchasing /General Services,Purchasing Date: 8/28/2012 2:26:21 PM Packet Page -2768- Name: PryorCheryl Title: Management/ Budget Analyst, Senior,Office of Management & Budget Date: 8/29/2012 3:16:17 PM Name: KlatzkowJeff Title: County Attorney Date: 8/29/2012 4:02:47 PM Name: StanleyTherese Title: Management /Budget Analyst, Senior,Office of Management & Budget Date: 8/31/2012 3:00:48 PM Name: OchsLeo Title: County Manager Date: 9/1/2012 2:45:22 PM Packet Page -2769- 9/11/2012 Item 16.D.2.. Collier County Public Library TECHNOLOGY LONG RANGE PLAN September 2012 I. Introduction 91'112C"12 Item 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 2011, 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 To provide and promote Library information and sustain services that enlighten the minds and enrich the lives of community residents and visitors of all ages. IV, Information Technology Assessment A. Current Inventory of Equipment and Services 1. Current Computer Inventory a. Staff Computers — 112 b. Public Use Computers — 184 c. Library Children's Computers — 26 2. Telecommunications Services and Internet Access (Current) a. Host — 150 Mbps Ethernet Host b. Headquarters — 50 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. d. Everglades City - 1.5 Mbps Frame Relay e. Headquarters to County Administration — 20 Mbps Internet Access 3. Network Equipment a. Servers -- IBM X3650 -- Catalog and Circulation Server -- HP Proliant DL -360 (2) — CCPL2 / Public -Staff — Collier Friends -- HP Proliant DL -320 G6 (2) — CCPL / DNS Servers -- HP Proliant DL -320 G6 (2) Packet Page -2770- 9/11/2012 Item 16.E -- HP Proliant DL -360 G7 -- HP Proliant DL -160 G5 -- HP Proliant DL -160 – CCPL Updates, Print Server b. Routers i. Cisco 2821 – Internet router ii. Cisco 3825 – WAN router: Branches connect here iii. Cisco 2811 – Each Branch has this router c. Switches (HQ) i. Cisco Catalyst 3500, 24 port ii. Netgear GSM7248 (2), 48 port iii. Netgear FSM726T, 2 each, 24 port iv. Netgear GS716T, 16 port (for Services outside firewall- Servers) d. Firewall: i. Cisco 5510 ASA 4. Internal connections i. Cat 5 wiring used throughout all libraries 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 both Comcast and connection to Library's network. As computers are added to a facility, automation staff evaluates the level of service and recommends increases as needed. 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 —for both the staff and the public. 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, suggest purchases 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 self- check -out stations and RFID. The Library has offered wireless Internet access at all libraries, including the Everglades City Branch. Comcast provides connections at no charge to public libraries, so the cost of the project has been 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. In FY2011, we upgraded our Internet capacity and purchased commercial class routers for wireless. They have been installed at all locations, and provide more consistent wireless services for the public. Some wireless is now through a segregated part of the Library's network. Packet Page -2771- 9." /20"`2 It err 1F .�.� The Library has a computer lab at the Estates Branch Library, with equipment originally provided by Gates Grants. These computers have been updated with local funding. The full Microsoft TM 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. 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. Library computer labs are also available at the Immokalee and the Golden Gate Branches, though public -use computers are available at all of Collier libraries. 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, a newer reporting program has been purchased. The program is much easier to use, and all management staff members have access to it. 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 ♦ State Library and WebJunction on -line classes 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. Packet Page -2772- 9!11, 2012 Item 1 F.ED._. 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 FY11 -12, the Library qualified to receive over $100,000 in E -rate support. These funds will be used to purchase additional computers and peripheral equipment and to pay increased costs of expanded bandwidth capacity. Some funds may be reserved for purchase of self -check out stations and RFID conversion. Technology Related Budget for FY12 October 1. 2011— September 30, 2012 Software &f ui ment Maintenance Data /Phone ^Lines StaffTrainin $70,000 $58,800 1 $131,100 $ 8,000 County has assumed financial responsibility for 50% of Staff Training. D. Needs Assessment With the ILS system and stable network links in place, the Library will focus on four areas for improvement in FY12: 1. Standardization of PC's and software. A staff workgroup is evaluating needs of staff and the public. 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. Staff are taking advantage of more on -line training, thus reducing travel costs and time. 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. Staff recognizes the need to remain current and use the new technologies to facilitate work and improve public service. Keeping up with the new technologies and patron expectations is difficult. We believe equipment, funding, and training are all in place to ensure a successful year that includes implementation of 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. FY13 ♦ Consider and implement new components of the new library automation system, as funds and staff time are available, including migrating to Sierra. ♦ Continue to evaluate commercial databases offered to the public, adding and deleting products as appropriate. ♦ Evaluate usage statistics of current database subscriptions. ♦ Survey public on their technology needs that are appropriately handled by the public library. Packet Page -2773- 9''.11,2"" ? Ite- 1F.� .� Provide public training on use of commerciai 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 and the websites of other County departments. ♦ Continue and expand staff and public training. ♦ Implement any public service features made available by automation system. ♦ Work with RFP for self- checks and RFID. ♦ Publicize and expand downloadable audio books. a. Consider download stations at each Library. 2. FY14 ♦ 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. ♦ Make any policy changes noted in surveys. 3. FY15 ♦ Provide public training on use of automation system. ♦ Provide public training on use of commercial databases. ♦ Evaluate commercial databases offered to the public. a Evaluate usage statistics of current database subscriptions ♦ Survey public on their needs. ♦ Provide public training in use of Library website. t Evaluate and impiement any new technologies if appropriate. B. To evaluate and purchase new and changing technology to meet public demand. 1. FY13 ♦ Implement better security and maintenance systems on PCs. ♦ Explore and implement new options as we install components of the automation system. ♦ Plan for implementation of self- checks and RFID, if selected. ♦ Consider and evaluate thin clients. ♦ Evaluate any data line options made available through the county network. 2. FY14 ♦ Continue to maximize new automation system. ♦ Publicize a -book products. ♦ Evaluate circulation of laptops and a -book readers. ♦ Set up audio down -load stations at each Library that do not have such service. 3. FY15 ♦ Review any technology innovations or trends. ♦ Ensure all libraries have adequate numbers of self- checks. Packet Page -2774- 9;''i 1/201- Item 16.x.' C. To connect to relevant information sources outside the library. 1. 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 (Borrow replacement (if any). ♦ Start to construct an 'ebranch'. 2. FY14 ♦ 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. ♦ Refine 'ebranch'. 3. FY15 ♦ 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. FY13 ♦ Provide public training on use of commercial databases, including classes taught by vendors and volunteers. ♦ Implement 'Collier Connects' LSTA grant —if awarded. ♦ Continue to provide special training programs for other County departments and school students in use of commercial databases. ♦ Provide training to students on Tutor.com at the Immokalee Branch. ♦ Provide public training in use of Library website. ♦ Provide hands -on classes at Estates Lab, River Park Lab, and Immokalee Lab. ♦ Keep separate statistics on technology training for staff and the public. ♦ Provide public training on e- government options. 2. FY14 ♦ 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 Immokalee Lab. ♦ Add any training classes for new database subscriptions. ♦ Evaluate training statistics and use to develop new programs. ♦ Expand training at Golden Gate Branch and South Regional. 3. FY015 ♦ Provide public training on use of commercial databases. Packet Page -2775- 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. VI. Budget Planning 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 FY13, the Library will not have to discontinue any database subscriptions. There are no guarantees for succeeding years. County projects lean fiscal years in FY2013 and FY2014, with some hope of increases in later years. Projected Technology Related Budget for FY13, FY14, FY15 Fiscal Year Software & Equipment Maintenance Data /Phone Lines Staff Training' FY13 $70,000 $58,800 $131,100 $ 8,000 FY14 $80,000 $70,400 $140,000 $ 8,000 FY15 $100,000 $100,400 $175,000 $ 10,000 Software & Equipment: The Library is not replacing computers as quickly as before. Additionally, fewer staff members mean less staff equipment needed. Maintenancc: As the Library purchases less replacement eauipmen , costs of repairs has increased. Library also now contributes to County IT Maintenance budget. Data /Phone Lines: Library upgraded line speeas in FY1 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. 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. Packet Page -2776- 91111;2612 Itelr. 16.D.2 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 Internet. 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. Thev evaluated the cataloging functions of the new system. The Library had 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 1998. 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 FY2013. 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. 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 selected new Public Library Responses this year, and developed a new mission statement. Attention will be paid in FY13 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. Packet Page -2777- 911 V2,I'll Iter. 1 r . .- 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 needs of our customers is our primary mission. Packet Page -2778- 9/11!2012 Item 10.x'.2. C� O� 5�i •-t i � N U LLa N U � O 'Ct U 3 >, �Cz O u b O O cZ C3 'a L �D �D U W i s a •o ^d 'o o 0 0 �'o -o ,� ,� is E u v +�+ O U CL O �O ++` ON � � th � � L2. L O O O O o ° � N to i. 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O O C U U y G� r •-r �D a) cz o Q. -- NM4 �+ N �.O U Rt p C O 0 _ O C U a L7� O > U) C/) C ECLC Ch M O N C N cII O t6 A N N -O :3 U) L O' M coax°)" —CU) O O — coCELQ - O Vi 0 C — O O S- > ._ U) N Q C O M-D �' ._ m E a. N Packet Page -2783- 9/11/2?12 Item 16.E',.? 0,, 1/-"" -' it°rr 1 F.�-' .2 Florida Department of State, Division of Library and Information Services STATE AID TO LIBRARIES GRANT AGREEMENT The Applicant (GRANTEE) Colder 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 Section 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. The Division, as administrator of state funds provided under Section 257, Florida Statutes, has approved an application for State Aid to Libraries Grant funds submitted by the GRANTEE. By reference, the application is hereby made a part of this agreement. The parties agree as follows: I. The GRANTEE agrees to: a. Expend all grant funds awarded and perform all acts in connection with this agreement in M compliance with the terms and conditions of Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. b. Expend all grant funds received under this agreement solely for the purposes for which they were authorized and appropriated, Provide the DIVISION with statistical, narrative, fmanciat and other evaluative reports as requested. d. Retain and make available to the DIVISION, upon request, all financial and programmatic records, supporting documents, statistical records, and other records for the project. e. Retain all records for a period of five 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 five 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 five year period, whichever is later. f. Establish and maintain a proper accounting system in accordance with generally accepted accounting procedures. To use and maintain adequate fiscal authority, control, and accounting procedures that will ensure proper disbursement of, and accounting for, project funds. g. Perform all acts in connection with this agreement in strict conformity with all applicable laws and regulations of the State of Florida. h. Not use any grant funds for lobbying the legislature, the judicial branch, or any state agency. Page 1 of 6 State Aid to Libraries Grant Agreement Chapter 1 B- 2.011(2)(a), Florida Administrative Code, Effective 4 -10 -2012 Packet Page -2784- 9/` 1'29 2" Item 16.= i. The GRANTEE hereby certifies that it is cognizant of the prohibition of conflicts of A*" 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 statutes. j. 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. k. 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. In connection with the audit requirements addressed in part j, 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 (i.e., 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: State Aid to Libraries Grant Agreement Page 2 of 6 Chapter 1 B- 2.011(2)(a), Florida Administrative Code, Effective 4 -10 -2012 Packet Page -2785- 91?112C'12 Item 1�.�.?. 1. The Department of State at the following addresses: Office of Inspector General Florida Department of State R. A. Gray Building, Room 114A 500 S. Bronough Street Tallahassee, Florida 32399 -0250 2. 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 1. 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: a. To provide a grant in accordance with the terms of this agreement in consideration of the GRANTEE's performance hereinunder, and contingent upon funding 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 Rinds on which this agreement is dependent are withdrawn, this agreement is terminated and the state has no further liability to the GRANTEE beyond that already incurred by the termination date. In the event of a state revenue shortfall, the total grant may be reduced accordingly. b. To 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, anc guidelines for the State Aid to Libraries Grant Program. c. To 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. d. That any balance of unobligated cash that has been paid to the grantee may be retained for direct program costs in a subsequent period. 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 Page 3 of 6 State Aid to Libraries Grant Agreement Chapter 1 B- 2.011(2)(x), Florida Administrative Code, Effective 4 -10 -2012 Packet Page -2786- 9/11/2012 Item 16.D.- and conditions of this agreement. If any matter arising out of this Agreement becomes the subject of litigation, venue shall be in Leon County. 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 parry under this Agreement shall impair any such right, power, or remedy of either parry; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. e. 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 parry 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, if equitable. f. The DIVISION shall unilaterally cancel this agreement in the event that the GRANTEE refuses to allow public access to all documents or other materials made or received in regard to this agreement that are subject to the provisions of Chapter 119, Florida Statutes. GRANTEE agrees to immediately contact the DIVISION for assistance in the event that it receives a public records request related to this agreement or the grant the it awards. g. The DIVISION shall not be liable to pay attorney fees, interest, late charges and service fees, or cost of collection related to the grant. h. 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. i. 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. j. The GRANTEE shall be responsible for all work performed and all expenses incurred in connection with the project. The GRANTEE may subcontract as necessary to perform the services set forth in this agreement, including entering into subcontracts with vendors for State Aid to Libraries Grant Agreement Page 4 of 6 Chapter 1 B- 2.011(2)(a), Florida Administrative Code, Effective 4 -10 -2012 Packet Page -2787- 9.111/2012 Item 'R. =. services and commodities, provided that such subcontract has been approved by the DIVISION, such approval not to be unreasonably withheld, and provided that it is understood by the GRANTEE that the DIVISION shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the GRANTEE shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. k. 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. 1. 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. m. 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 20.06, 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 party to the agreement. n. 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. o. 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 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, the total grant shall be reduced in accordance with Section 257.21, Florida Statutes. p. If the GRANTEE is in noncompliance with any terms) of this grant agreement or any other grant agreement with any Division of Library and Information Services, the Division of Historical Resources or the Division of Cultural Affairs, the Division may withhold grant payments until the GRANTEE comes into compliance. Violation of a grant program requirement, including but not limited to failure to submit grant reports and other grant documents; submission of incomplete grant reports or other grant documents; or violation of other grant agreement requirements; shall constitute a basis for the Division to place the GRANTEE in noncompliance status with the Department of State. Page 5 of 6 State Aid to Libraries Grant Agreement Chapter 1 B-2.011 (2)(a), Florida Administrative Code, Effective 4 -10 -2012 Packet Page -2788- 9/11/20'12 Item: 16. r q. 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. I`'. The term of this agreement will commence on the date of execution of the grant agreement. THE APPLICANT /GRANTEE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: Fred Coyle, Chairman ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk "Am rd as to form and legal sufficiency: s County Attorney THE DIVISION Florida. Department of State Division of Library and Information Services Typed Name Date Division Witness Division Witness State Aid to Libraries Grant Agreement Chapter 1 B- 2.011(2)(a), Florida Administrative Code, Effective 4 -10 -2012 Packet Page -2789- Page 6 of 6