R96-125RESOLUTION NO. R96-/,~¢,.~"
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A GRANT
AGREEMENT FOR THE EXPANSION OF THE CITY
LIBRARY'S AUTOMATED SERVICES; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Cooperative Authority for Library Automation, (COALA)
headquartered at the Boynton Beach City Library has been awarded a grant for the
expansion of its' automated services; and
WHEREAS, the grant total amount is $161,149, and includes expenditures to
be matched by Boynton Beach, Lake Park, Palm Springs, and West Palm Beach, each
entity having budgeted their share of matching funds in their respective budgets; and
WHEREAS, the City of Boynton Beach is host site for COALA, and is the
designated government entity to administer the federal funds as subgrantee for the
State of Florida, while assuming no funding responsibilities for participating libraries;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each Whereas clause set forth above is true and correct and
incorporated herein by this reference.
Section 2. The City Commission of the City of Boynton Beach,. does authorize
and direct the Mayor and City Clerk to e~.ecute a Grant Agreement between the State
of Florida, Department of State, Division of Library and Information Services
(hereinafter "Division") and the City of Boynton Beach.
Section 3. That this Resolution shall become effective immediately upon
execution by the Division.
PASSED AND ADOPTED this ~day of August, 1996.
ATTEST:
City/Clerk,
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CITY OF BOYNTON BEACH, FLORIDA
WcCM /-/_J
Commissioner
· ' Commissioner
Commissioner
PROJE NUMBER DLIS- 96- I- 02 -F -01
FLORIDA LONG -RANGE PROGRAM FOR LIBRARY SERVICE
LIBRARY SERVICES AND CONSTRUCTION ACT
GRANT AGREEMENT
AGREEMENT �y
executed and entered into //)1,4/60/ , 19�
BETWEEN the State of Florida, Department of State, Division of Library and Information Services, hereinafter
referred to as the DIVISION, and the
SUBGRANTEE: City Commission of the City of Boynton Beach for and on behalf of the Boynton
Beach City Library
the PROJECT: Library Services through Technology - COALA Automated Services Expansion
the GRANT AMOUNT: One hundred sixty-one thousand one hundred forty-nine dollars ($161,149)
released in four equal advance payments as determined by the Division after consultation with the SUBGRANTEE.
The funds shall be expended on or before September 30, 1997.
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
to Boynton Beach City Library, 208 S Seacrest Blvd., Boynton Beach, Florida 33435, for the SUBGRANTEE. 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.
The DIVISION, as administrator of federal funds authorized under Section 257.12, Florida Statutes, is desirous of
providing a grant. Federal funds are provided through the Library Services and Construction Act, as amended,
under the plan of operation approved by the U. S. Secretary of Education. A project has been proposed to and
approved by the DIVISION as provided for in the Florida Long -Range Program for Library Service, and the
SUBGRANTEE agrees to meet all requirements of the Long -Range Program for Library Service.
The parties agree as follows:
I. The SUBGRANTEE agrees to:
a. Administer all funds granted to it by the DIVISION to carry out the project as descnbed in the project
proposal and revisions submitted to and approved by the DIVISION.
b. Provide the DIVISION with statistical, narrative, fmancial and other evaluative reports as requested.
c. Retain and make available to the DIVISION upon request all financial and programmatic records,
supporting documents, statistical records and other records for the project for a penod of at least five
years from the execution hereof.
d. Expend all project funds on or before the project ending date.
e. Use adequate fiscal authority, control, and accounting procedures that will assure proper disbursement
of, and accounting for federal project funds; and maintain complete financial records for all matters
relating to this agreement and retain these records as provided in "(c)" above.
f Perform all acts in connection with this agreement in strict conformity with all applicable State and
Federal laws and regulations.
g. Not discriminate in providing space for public meetings or against any employee employed in the
performance of this agreement, or against any applicant for employment because of race, creed, color
handicap, national origin, or sex. The SUBGRANTEE shall insert a similar proSiemi241N 1 f 43 ;
subcontracts for services by this agreement.
JAN 31 2012
(7, . ( jerk s (MICE;
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h. Expend all grant funds received under this Agreement solely for the purposes of the project. These
funds will not be used for lobbying the legislature, the judicial branch, or any state agency. Repay to
the DIVISION any and all funds not thus expended.
1. Have an audit of financial operations performed by an independent auditor, including compliance
with provisions of federal laws and regulations in 34 CFR 74.61 and 34 CFR 80.26.
j. Each SUBGRANTEE other than a SUBGRANTEE which is a state agency shall submit to an audit to
be performed in accordance with the rules of the Auditor General promulgated pursuant to Section
11.45, Florida Statutes, or submit an attestation statement. Such audit or statement will be filed with
the DIVISION and with the Auditor General. If the amounts received exceed $100,000, an audit must
be performed in accordance with rules of the Auditor General promulgated pursuant to Section 11.45,
Florida Statutes. If the amounts received exceed $25,000 but do not exceed $100,000, an audit must
be performed in accordance with the rules of the Auditor General promulgated pursuant to Section
11.45, Florida Statutes, or a statement must be prepared by an independent certified public accountant
which attests that the receiving entity or organization has complied with the provisions of the grant. If
the amounts received do not exceed $25,000, the head of the entity or organization shall attest, under
penalties of perjury, that the entity or organization has complied with the provisions of the grant.
II. The DIVISION agrees to:
a. Provide a grant in accordance with the terms of this agreement in the amount and frequency as stated
above in consideration of the SUBGRANTEE's performance hereinunder, and contingent upon
funding by the U.S. Department of Education. 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 state has no further liability to the SUBGRANTEE beyond that already incurred
by the termination date. In the event of a state revenue shortfall, the total grant may be reduced
accordingly.
b. Provide professional advice and assistance to the SUBGRANTEE as needed, in implementing and
evaluating the project.
c. Review the project during the grant period to assure that adequate progress is being made toward
achieving the project objectives.
III. The SUBGRANTEE 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, representations, 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.
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 may be terminated by the DIVISION because of failure of the SUBGRANTEE to
fulfill its obligations under the agreement in a timely or satisfactory manner. Satisfaction of
obligations by SUBGRANTEE shall be determined by the DIVISION. The DIVISION shall provide
SUBGRANTEE a written notice of default letter. SUBGRANTEE shall have 15 calendar days to
cure the default, unless it is determined by the DIVISION that it is necessary that the default be cured
immediately. If the default is not cured by SUBGRANTEE within the stated
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period, the DIVISION has the option to terminate this agreement. 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 SUBGRANTEE will be compensated for any work satisfactorily completed prior to
notification of termination.
f. This Agreement may be unilaterally canceled by the DIVISION in the event that the SUBGRANTEE
refuses to allow public access to all documents or other materials subject to the provisions of Chapter
119, Florida Statutes, and made or received by the SUBGRANTEE.
g. Surplus funds must be temporarily invested and the interest earned on such investments shall be
returned to the State quarterly.
h. Bills for services or expenses shall be maintained in detail sufficient for proper preaudit and postaudit.
i. Any travel expenses must be maintained according to the provisions of Section 112.061, Florida
Statutes.
j. 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.
k. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of the
SUBGRANTEE, its agents, servants or employees; nor shall the SUBGRANTEE exclude liability for
its own acts, omissions to act or negligence to the DIVISION. In addition, the SUBGRANTEE
hereby agrees to be responsible for any injury or property damage resulting from any activities
conducted by the SUBGRANTEE.
I. The SUBGRANTEE, other than a SUBGRANTEE 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.
m. The SUBGRANTEE shall be responsible for all work performed and all expenses incurred in
connection with the Project. The SUBGRANTEE may subcontract as necessary to perform the
services set forth in this agreement, including entering into subcontracts with vendors for services and
commodities, PROVIDED THAT such subcontract has been approved by the DIVISION prior to its
execution, and PROVIDED THAT it is understood by the SUBGRANTEE that the DIVISION shall
not be liable to the Subcontractor for any expenses or liabilities incurred under the subcontract and
that the SUBGRANTEE shall be solely liable to the Subcontractor for all expenses and liabilities
incurred under the subcontract.
n. 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.
o. The SUBGRANTEE, 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, SUBGRANTEE 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. SUBGRANTEE agrees to take such steps as may be
necessary to ensure that each subcontractor of the SUBGRANTEE 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.
p. Neither party shall assign, sublicense, nor otherwise transfer its rights, duties or obligations under this
agreement without the prior written consent of the other party which consent shall not unreasonably
be withheld. Any sublicense, assignment or transfer otherwise occurring shall be null and void;
provided, however, that the DIVISION shall at all times be entitled to assign or transfer its rights,
duties or obligations under this agreement to another governmental agency in the State of Florida,
upon giving prior written notice to the SUBGRANTEE. In the event the DIVISION approves transfer
of SUBGRANTEE's obligations, the SUBGRANTEE remains responsible for all work performed and
all expenses incurred in connection with the agreement.
q. This agreement shall bind the successors, assigns and legal representatives of the SUBGRANTEE and
of any legal entity that succeeds to the obligation of the DIVISION.
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r. If any copyrightable material is developed in the course of or under this Agreement, the DIVISION
shall have a royalty -free, nonexclusive, and i rrevocable right to reproduce, publish, or otherwise use,
and to authorize others to use, the work for State or Federal government purposes.
s. No costs incurred before the date of this Agreement shall be eligible as project expenditures. No
costs incurred after the completion date or other termination of the Agreement shall be eligible as
project expenditures unless specifically authorized by the DIVISION.
IV. The term of this agreement will commence on the date of execution of the agreement.
V. Any modifications or attachments to this Agreement are enumerated below.
THE SUBGRANTEE THE DIVISION
Signature of Authorized icial B att Wilkins, Director
ivision of Library and Information Services
Department of State, State of Florida
GERALD TAYLOR, MAYOR
Typed Name and Title of Authorized Official
1 �[
/ss ,1 �� /
Witness Witness
APPROVED AS TO F M• s
CITY ATTO NEY
2/13/95
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