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Agenda 05/10/2011 Item #16D1 5/10/2011 Item 16.0,1. EXECUTIVE SUMMARY Recommendation to approve attached budget amendment appropriating revenues and expenditures in the amount of $204,627 State Aid to Libraries Grant awarded Collier County Public Library. Funds will be used to purchase library materials, services and equipment. OBJECTIVE: Receive approval to budget FY20 1] State Aid to Libraries Grant Funds, in the amount of $204,627 to purchase library materials, services and equipment. CONSIDERATIONS: The BCC approved the application for State Aid to Libraries at their regular meeting on September 14, 2010 (Agenda Hem #]6.D.6,). State Aid was awarded to Collier County Public Library, in the amount of $204,627. The final award amount is $] 0,627.00 higher than anticipated. Funds need to be budgeted in order for the Library to use. Pursuant to the Grant. the funds can be used for any library need except for building construction. Funds will be used to purchase library materials, services and equipment. FISCAL IMPACT: Funds are being placed in the Library's grant fund 709, and can be used to supplement Library's budget. LEGAL CONSIDERA nONS: This item has been reviewed by the County Attomey', Office. requires majority vote. and is legally sufficient for Board action. - CMG GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Recommend approval of the attached budget amendment authorizing the expenditure of State Aid to Libraries Grant funds for library materials, services and equipment. Prepared By: Mari Iyn Matthes, Library Director Attachments: Budget Amendment Packet Page -632- 5/10/2011 Item 16.0.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.0.1. Item Summary: Recommendation to approve attached budget amendment enabling expenditure of $204,627 State Aid to Libraries Grant awarded Collier County Public Library. Meeting Date: 5/10/2011 Prepared By Name: MatthesMarilyn Title: Director - Library.Library 4/4/2011 4:52:28 PM Approved By Name: AlonsoHailey Title: Administrative Assistant.Domestic Animal Services Date: 4/5/2011 II :13:48 AM Name: FoordMarlene Title: Grant Development & Mgmt Coordinator, Grants Date: 4/14/2011 4:47:35 PM Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 4/28/2011 II :45:06 AM Name: RamseyMarla Title: Administrator, Puhlic Services Date: 4/28/2011 12:33:26 PM Name: KlatzkowJeff Title: County Attorney, Date: 4/28/20 II 1:20: 17 PM Name: PryorCheryl Title: Management/ Budget Analyst. SenioLOffice of Management & Budget Date: 5/2/20 II 10:41:49 AM Packet Page -633- 5/10/2011 Item 16.0.1. Name: SheffieldMichael Title: Manager-Business Operations, CMO Date: 5/2/2011 11 :25:58 AM Packet Page -634- Project Number: 1 5/10/2011 Item 16,0.1. COllIer Loum)' .t'UOIlC LlDrary 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 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 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 Gran! Agreement Chapter 18-2.011 (2)(a), Florida Adminis!" Packet Page -635- 4-1-2010 Page 1 of 5 5/10/2011 Item 16.0.1. 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 (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: 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 Administ, Packet Page -636-,4-1-2010 Page 2 of 5 5/10/2011 Item 16.0.1, 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. Ill. 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 18-2.011(2)(a), Florida Administ Packet Page -637-" 4-1-2010 Page 3 of 5 5/10/2011 Item 16.0.1. 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 Adminis!, Packet Page -638-,4-1-2010 Page 4 of 5 5/10/2011 Item 16.0.1. 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 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Date: 9-/L{-;;LD ID THE DIVISION M By: . W.~ FRED W. S,o..YL ,. E. ~Qh~.if\l1......an. 'lfi{-,dO-ccT-e '. (1-\ q -;2.P Ii> ATTEST:- _., . '",,:i:>''' -- _.__0 --;" ,: .;,,"<'.-::C n(:1:~\C'.,\D /~.L~,' . ':"", ". . -. ':' "-,'.1'., . ....~.. ~ I:' @1 :-.. D\,,(]g~ritj3kOGi(:Cle'{ ~;', , :',~.' , t~'~:;;~:'~\'~::~::'~~0I;i~~:: .......\1..\. .,r.;:, .:t,;..J,-.l1~"-'_'I~ . <: "~' BY,;?</'\ ,:;",::1J'C. A;~~J~~a~:t~.~~\\~~:,~'ffi:en2)" . , .,:',...,.,~,.f-""\" . JEf!!l3..~ Division of Library and Information Services Department of State, State of Florida Typed Name I Q. - dO - /15 Date ~1?'"0~ Jennifer . White Assistant County Attorney ~~ JOII~ Division Witness _1" /:1_ ~ \Q;I'1~__ . ' . -,'-' :"J,iJ, <~--,:,~~..-~-(....:.!.J.~'_:'~":~ .'" .. .'" --:;-. .,/. SIi3te Aid to Libraries Grant Agreement Chapter 18-2.011 (2)(a), Florida Administr Packet Page -639-,4-1-2010 Page 5 of 5 5/10/2011 Item 16.0.1. FY 2010-2011 State Aid to Libraries Final Grants This table shows the final State Aid to Libraries grant that each eligible library will receive in 2010-2011. For 2010-2011, the available funding for State Aid grants is $21,253,978, which is 14.18 percent of what would be required for full funding. At this level, Operating Grants pay 2.2 cents on the dollar of expenditures by a participating library during the second preceding year. Operating Grants total $12,549,687; Equalization Grants total $5,896,162; and Multicounty Grants total $2,808,129. COUNTY /MUNICIPALITY OPERATING EQUALIZATION TOTAL GRANT GRANT GRANT ALACHUA COUNTY $328,880 $328,880 ALTAMONTE SPRINGS $7,630 $7,630 BAKER COUNTY $3,202 $45,663 $48,865 BAY COUNTY $47,877 $47,877 BOYNTON BEACH $54,902 $54,902 BRADFORD COUNTY $10,341 $294,407 $304,748 BREVARD COUNTY $426,486 $426,486 BROWARD COUNTY $1,473,369 $1,473,369 CALHOUN COUNTY $4,434 $127,652 $132,086 CHARLOTTE COUNTY $76,085 $76,085 CITRUS COUNTY $75,739 $75,739 CLAY COUNTY $72,489 $456,648 $529,137 COLLIER COUNTY $204,627 $204,627 COLUMBIA COUNTY $21,386 $572,676 $594,062 DELRAY BEACH $43,640 $43,640 DESOTO COUNTY $4,431 $62,093 $66,524 DIXIE COUNTY $3,117 $44,697 $47,814 DUVAL COUNTY $834,493 $834,493 ESCAMBIA COUNTY $112,873 $112,873 FLAGLER COUNTY $24,918 $24,918 FORT MYERS BEACH $15,220 , $15,220 FRANKLIN COUNTY $4,215 $57,574 $61,789 GADSDEN COUNTY $10,316 ! $289,769 $300,085 GILCHRIST COUNTY $2,387 I $34,126 $36,513 GLADES COUNTY $1,683 ! $24,104 $25,787 , $44,517, $47,716 GULF COUNTY $3,199 ! HAMILTON COUNTY $5,996 ! $171,261 i $177,257 HARDEE COUNTY $2,851 $39,918 $42,769 HENDRY COUNTY $8,954 $123,7141 $132,668 HERNANDO COUNTY $55,701 I $572,676 I $628,377 11/29/2010 Page 1 of 3 Packet Page -640- 5/10/2011 Item 16.0.1. COUNTY/MUNICIPALITY OPERATING EQUALIZATION TOTAL GRANT GRANT GRANT "HALEAH $39,049 $39,049 HIGHLANDS COUNTY $21,710 $277,832 $299,542 HILLSBOROUGH COUNTY $1,022,250 $1,022,250 HOLMES COUNTY $2,348 $33,766 $36,114 INDIAN RIVER COUNTY $118,924 $118,924 INDIAN ROCKS BEACH $1,956 . $1,956 JACKSON COUNTY $9,239 $129,688 $138,927 JEFFERSON COUNTY $4,526 $129,786 $134,312 LAFAYETTE COUNTY $1,162 $16,788 $17,950 LAKE COUNTY $177,047 $177,047 LAKE PARK $7,501 $7,501 LAKE WORTH $12,069 $12,069 LANTANA $3,815 $3,815 LEE COUNTY $588,346 $588,346 LEON COUNTY $134,266 $134,266 LEVY COUNTY $5,233 $72,808 $78,041 LIBERTY COUNTY $1,643 $47,471 $49,114 LIGHTHOUSE POINT $8,175 $8,175 MADISON COUNTY $8,277 $236,697 $244,974 ,. 1VIAITLAND $15,382 $15,382 MANATEE COUNTY $167,602 $167,602 MARION COUNTY $154,156 $154,156 MARTIN COUNTY $69,825 $69,825 MIAMI-DADE COUNTY $1,655,348 $1,655,348 MONROE COUNTY $52,536 $52,536 NASSAU COUNTY $20,454 $104,143 $124,597 NEW PORT RICHEY $17,483 $17,483 NORTH MIAMI $20,293 $20,293 NORTH MIAMI BEACH $15,999 $15,999 NORTH PALM BEACH $16,594 $16,594 OAKLAND PARK $13,321 $13,321 OKALOOSA COUNTY $75,571 $75,571 OKEECHOBEE COUNTY $8,422 $116,944 $125,366 ORANGE COUNTY $817,196 $817,196 OSCEOLA COUNTY $183,242 $183,242 PALM BEACH COUNTY $860,305 $860,305 PALM SPRINGS $13,734 I $13,734 PASCO COUNTY $149,6111 $149,611 . 'l>INELLAS COUNTY $640,008 $640,008 ':>OLK COUNTY $217,328 $217,328 11/29/2010 Page 2 of 3 Packet Page -641- 5/10/2011 Item 16.0.1. COUNTY /MUNICIPALITY OPERATING EQUALIZATION TOTAL GRANT GRANT GRANT PUTNAM COUNTY $12,410 $164,507 $176,917 RIVIERA BEACH $11,690 $11,690 SAINT JOHNS COUNTY $111,640 $111,640 SAINT LUCIE COUNTY $95,771 $95,771 SANIBEL $36,512 $36,512 SANTA ROSA COUNTY $29,560 $349,940 $379,500 SARASOTA COUNTY $214,129 $214,129 SEMINOLE COUNTY $133,669 $133,669 SUMTER COUNTY $32,913 $413,528 $446,441 SUWANNEE COUNTY $19,383 . $543,147 $562,530 TAYLOR COUNTY $5,530 $77,953 $83,483 UNION COUNTY $2,357 $68,093 $70,450 VOLUSIA COUNTY $343,103 $343,103 WAKULLA COUNTY $5,904 $83,115 $89,019 WALTON COUNTY $18,874 $18,874 WASHINGTON COUNTY $4,820 $68,461 $73,281 WEST PALM BEACH $105,489 $105,489 WILTON MANORS $11,808 I $11,808 WINTER PARK $60,738 $60,738 I TOTAL $12,549,687 $5,896,1621 $18,445,849 - I MULTICOUNTY GRANTS , HEARTLAND LIBRARY COOPERATIVE $450,000 NEW RIVER PUBLIC LIBRARY COOPERATIVE I $321,553 NORTHWEST REGIONAL LIBRARY SYSTEM , $350,000 PAL PUBLIC LIBRARY COOPERATIVE , I $350,000 , PANHANDLE PUBLIC LIBRARY COOPERATIVE SYSTEM I $390,678 SUWANNEE RIVER REGIONAL LIBRARY SYSTEM $350,000 THREE RIVERS REGIONAL LIBRARY SYSTEM $279,996 WILDERNESS COAST PUBLIC LIBRARIES $315,902 , $2,808,129 i TOTAL Grand Total I $21,253,978 I I 11/29/2010 Page 3 of 3 Packet Page -642-