Backup Documents 09/11-12/2012 Item #16D 2ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLID 6 p 2 -
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw aline through routing lines #1 throu #4 complete the checklist and forward to Ian M't h II 1' #6
Route to Addressee(s)
(List in routing order)
Office
c a
Initials
(me
Date
1- Eoifeen- 6reene— &nily Pcpin
County Attorney
Agenda Item Number
# 16.d.2
2.
Original document has been signed/initialed for legal sufficiency. (All documents to be
MM
3.
Grant Agreement
Number of Original
2 of Grant Agreement
4.
Long Range Plan, Technology Plan, Current
Documents Attached
5 to the BCC 1, Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
'ri
(26 k
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Contact
Marilyn Matthes
Phone Number
593 -3511
Agenda Date Item was
September 11, 2012
Agenda Item Number
# 16.d.2
Approved by the BCC
Original document has been signed/initialed for legal sufficiency. (All documents to be
MM
Type of Document
Grant Agreement
Number of Original
2 of Grant Agreement
Attached
Long Range Plan, Technology Plan, Current
Documents Attached
Year Action Plan
INSTRUCTIONS &CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip, Revised 6 -15 -2011
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
a ro riate.
(Initial)
Applicable)
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
MM
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc.. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
Is the Chairman's original signature required?
MM
3.
All handwritten strike - throughs and revisions have been initialed by the County Attorney's
N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board.
4.
The Chairman's signature line date has been entered as the date of BCC approval of the
MM
document or the final negotiated contract date, whichever is applicable.
5.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
MM
signature and initials are required.
6.
In most cases (some contracts are an exception), the original document and this routing slip
MM
should be provided to Ian Mithchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines! (Postmark
before Oct. 1 required.)
7.
document was approved by the BCC on—September 11, 2012_(enter date) and all
MM
1The
changes made during the meeting have been incorporated in the attached document.
The Count Attorney's Office has reviewed the changes, if applicable.
for !fie 6
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip, Revised 6 -15 -2011
16D 21
MEMORANDUM
Date: September 27, 2012
To: Marilyn Matthes, Director
Collier County Public Library
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: State Aide for Library Services & Technology Act Grant
Attached are two (2) originals of the agreement referenced above,
(Item #16D2) approved by the Board of County Commissioners on
Tuesday, September 11, 2012.
Please forward a fully executed original to the Minutes and Record's
Department for where it will be kept as part of the Board's Official Records.
If you have any questions, please contact me at 252 -7240.
Thank you
Attachment
160 2
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 Colter County Public Lbrary
(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 Uxuries Grant fiords submitted by the GRANTEE. By
reference, the application is hereby made a part of this agreement.
The parties agree as follows:
L The GRANTEE agrees to:
a. Expend all grant finds awarded and perform all acts in connection with this agreement in
fiull compliance with be terms and conditions of Chapter 257, Florida &andes, and
guidelines for the State Aid to Libraries Grant Program.
b. Expend all grant f mds received under this agreement solely for the purposes for which
they were authorized and appropriated,
c. Provide the DIVISION with statistical, narrative, financial 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
pr'ojecL
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 dish of and accounting for,
project finds.
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-
State Aid to Libraries Grant Agreement Page 1 of a
Chapter 18- 2.011(2)(a), Florida Adminlstradve Code, Effective 410 -2012
160 24
L 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 fm then 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 applies 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
Wended 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 httpsJ /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 Adminkft Uve Code, Effective 410 -2012
160 Z
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.
H. The DIVISION agrees:
a To Provide a grant in accordance with the terms of this agreement in consideration of the
GRANTEE's Performance heremunder, and contingent upon fimdmg by the Legislature
The State of Florida's perf fiance 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 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 Statrdes, and
guidelines for the State Aid to Libraries Grant Program.
c. To distribute grant funds in two payments. The fast 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
berms, conditions, or obligations other than provisions,
supersede all previous communications, representation, or and � agent shall
written, between the mew H verbal or
parties. No amendment shalt � eg�� —I
and signed by the parties.
ess reduced m writing
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
State Aid to Ubradw Grant Agreement Page 3 of 6
Chapter 18- 2.011(2)(a), Florida Adminis M&9 Code, Effective 410 -2012
16D 2
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 tern 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 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. This agreement shall be terminated by the DIVISION because of failure of the GRANTEE
to fiulfill 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 GRANTEES 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, if equitable.
£ 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 Stat,&es.
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 GRANDE 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 mjmY,
death, or image to property, arising out of any activities performed under this agreement
and shall investigate all claims at its own expense.
The GRANTEE shall be responsible for all work performed and all incurred in
connection with time project. The GRANTEE may subcontract as necessary to perform the
services set forth in this agreement, including entering into with vendors for
State Aid to Libraries Grant Agreement Page 4 of 6
Chapter 18- 2.011(2xa), Florida Administrator Code, EffecWe 410 -2012
160 z
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
immunity, or increases the limits of its liability, upon entering into a contractual
relationship.
L 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 age servant, joint ventrmer, or partner of the DIVISION.
m. The GRANTEE shall not assign, sublicense, nor otherwise transfer its rigs 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 LegishAi m
transfers the rights, duties, or obligations of the Department to another governrnenl 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 reproves 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
upon an annual appropriation by the legislafine. In the ever t went
funds on which
Us agree hens is eTerid liability � ��wn' � � is � the
to the GRANTEE beyond that by
termination date. In the event of a state revenue sh already hall bed the
accordance with Section 257.21, Florida &alydes. � �� shall be reduced in
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 ITistorical Resources or the Division of Cultural Affairs, the Division
grant payments until the GRANDE comes into co �Y withhold
PequiremeM including but not limited to failure to bmit . Violation of a grant program
documents; submission of incomplete �� � °� �
J� �o� or o� gnint dents; 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.
State Aid to Ubrarles Grant Agreement Page 5 of 6
Chapter 18- 2.011(2)(a), Florida Administrative Coda, EffecOVe 410 -2012
Project Number: 13 -ST -08
Collier County Public Library
Collier County
- - 16 D
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 Section
257, Florida Statutes, and guidelines for the State Aid to Libraries Giant Program,
The Division, as adiminstratOr of state fiords provided under Section 257,176n& Statutes, has
approved an application for State Aid to Libraries Grant fiords 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 fiords 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.
b. Expend all grant funds received under this agreement solely for the purposes for which
they were authorized and appropriates,
c. Provide the DIVISION with statistical, narrative, financial and other evaluative reports as
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 fiords.
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.
State Aid to Libraries Grant Agreement Page 1 of 6
Chapter 1B- 2.011(2)(a), Florida AdminisftUve Code, Effective 410 -2012
16D 2
i. 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 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(2xe), 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 Librariess Grant Agreement Page 2 of ti
Chapter 1 B- 2.011(2)(x), Florida Administrative Code, Effective 410 -2012
160 2
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
I. 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 heremundeer, and contingent upon funding by the Legislature.
The State of Florida's performance and obligation to pay under tins 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 state has no fiuther liability to the GRANTEE beyond that already incurred by the
termination daze. 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 giant amount shall be calculated in accordance with Chapter 257, Florida Statutes, and
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 mshvment 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
State Aid to Libraries Grant Agreement Page 3 of 6
Chapter 1 B- 2.011(2)(a), Florida Administrative Code, Effective 410 -2012
16D 2-"-
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 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. This agreement shall be terminated by the DTVLSION 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 fidfill its obligations. Satisfaction
of obligations by GRANTEE shall be determined by the DIVISION, based on the terms
and conditions imposed on the GRANTEE in paragraphs I and III of this agreement and
guidelines for the State Aid to Libraries Grant Program. The DIVISION shall provide
GRANTEE a written notice of default letter. GRANTEE shall have 15 calendar days to
cure the default. If the default is not cured by GRANTEE within the stated period, the
DIVISION shall terminate this agreement, unless the GRANTEE demonstrates good cause
as to why it cannot cure the default within the prescribed time period For purposes of this
agreement, "good cause" is defined as circumstances beyond the GRANTEE's control.
Notice shall be sufficient if it is delivered to the party personally or mailed to its specified
address. In the event of termination of this agreement, the GRANTEE will be compensated
for any work satisfactorily completed prior to notification of termination, if equitable.
f. The DIVISION shall unilaterally cancel this agreement in the event that the GRANTEE
refases 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), Flonde Administraiivie Code, Effective 410 -2012
16D 2
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 term(s) 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 giant 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.
State Aid to Libraries Grant Agreement Page 5 of 6
Chapter 18- 2.011(2)(a), Florida Administrative Code, Effective 410 -2012
16D 2 '
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.
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
By: W. C'J'), Fred Coyle, Chairman
ATTEST.
DWIGJiT BROCI', 64
By,
,*WVed as to form and legal sufficiency:
istant Couno4ttorn
THE DIVISION
da a M
Jud' h A. Ring, Director
Division of Library and Information Services
Department of State, State of Florida
Typed Name
�1
Date
WNW= .. M.��
Division Witness
State Aid to Libraries Grant Agreement Page 6 of 6
Chapter 1 B- 2.011(2)(a), Florida Administrative Code, Effective 410 -2012