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R05-140 II 1 RESOL UTION NO. R 05- i t/O 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, APPROVING 5 AND AUTHORIZING EXECUTION OF THE LIBRARY 6 STATE AID GRANT AGREEMENT BETWEEN THE 7 CITY OF BOYNTON BEACH AND FLORIDA 8 DEPARTMENT OF STATE, DIVISION OF LIBRARY 9 AND INFORMATION SERVICES; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 13 WHEREAS, the State of Florida requires that the City of Boynton Beach authorize the 14 Grant Application for Library State Aid each year; and 15 WHEREAS, upon recommendation of staff, the City Commission has determined 16 that it is in the best interests of the residents of the City to authorize execution of the Library 17 State Aid Grant Agreement with the Florida Department of State, Division of Library and 18 Information Services. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption 23 hereof. 24 Section 2. The City Commission of the City of Boynton Beach, Florida does 25 hereby authorizing execution of the Library State Aid Grant Agreement with Florida 26 Department of State, Division of Library and Information Services, which is attached hereto 27 as Exhibit "A". 28 Section 3. This Resolution shall become effective immediately upon passage. 29 S:\CA \RESO\AgreementsIGrants\Library State Aid Grant 2005.doc II PASSED AND ADOPTED this t-vl; day of September 2005. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~~ 25 CITY OF BOYNTON BEACH, FLORIDA S:\CA\RESO\Agreements\Grants\Library State Aid Grant 2005.doc Project Number: 06-ST-54 Boynton Beach City /CO'::: -I L/: 0 Florida Department of State, Division of Library and Information Services STATE AID TO LIBRARIES GRANT AGREEMENT The Applicant (Grantee) CITY OF BOYNTON BEACH (Name of library governing body) Governing body for BOYNTON BEACH CITY 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 awards (Le., State financial assistance provided to the GRANTEE to carry out a State project) 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 Executive Office of the Governor and the Comptroller, and Chapter 10.550, Rules of the Auditor General. In determining the State awards expended in its fiscal year, the GRANTEE shall consider all sources of State awards, including State funds received from the Florida Department of State, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. In connection with the audit requirements addressed in Section e, paragraph 1, the GRANTEE shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.550, Rules of the Auditor General. If the Grantee expends less than $500,000 in State awards 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 awards in its fiscal year and elects to have an audit conducted in accordance with the provisions Page 1 of 4 of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds (Le., the cost of such an audit must be paid from GRANTEE funds obtained from other than State entities). f. 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 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, Operating 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 Comptroller upon execution of the agreement. The remaining payment will be made by June 30. III. The Grantee and the DIVISION mutually agree that: a. This instrument embodies the whole agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this agreement shall supersede all previous communications, representation, or agreements either verbal or written, between the parties. No amendment shall be effective unless reduced in writing and signed by the parties. b. The agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this agreement. " c. If any term or provision of the agreement is found to be illegal and unenforceable, the remainder of the agreement shall remain in full force and effect and such term or provision shall be deemed stricken. 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. 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 Page 2 of 4 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 govemmental 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 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 Sronough Street, Tallahassee, Florida 32399-0250, for the State and, for the Grantee, to its single library Page 3 of 4 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 THE DIVISION hair of Governing Body or Chief Executive Officer Ju th A. Ring, Dircctor Di ision of Library and Information Services Dcpartment of State, State of Florida MAYOR GERALD S. TAYLOR Typed Name Typed Name r,(6-oS' ;)~t -~~ Date Date 'in. p,~ PrCh!Eit Financial Officer ~~ Witness ~ .J~E.TM.. PRAINITO. CITY CLERK t~:Nafne and Title of Official . ,.,' . '. ",\. " .j'. . ,,;;;.:,,~ " i' :J- \- ~l..o Date DQ-'Gr,-D5 Date ... Page 4 of 4 STATE AID TO LIBRARIES GRANT NOTIFICATION OF GRANT AWARD Fiscal Year 2005-2006 Recipient: Boynton Beach City Library 208 S. Seacrest Blvd. Boynton Beach, FL 33435 Virginia Farace, Director Project Start Date: Upon execution of grant agreement State Aid to Libraries Grant PROJECT # 06-ST -54 CSFA* 45.030 AWARD $87,461 PROJECT *Catalog of State Financial Assistance Number f)id//A JfL~ State Librarian / -3t1 - ~fy Date Florida Department of State State Library and Archives of Florida R.A. Gray Building, Tallahassee, Florida 32399-0250 (850) 245-6620, SUNCOM 205-6620 /CO<;; -I L/: 0 Florida Department of State, Division of Library and Information Services STATE AID TO LIBRARIES GRANT AGREEMENT The Applicant (Grantee) CITY OF BOYNTON BEACH (Name of library governing body) Governing body for BOYNTON BEACH CITY 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 awards (Le., State financial assistance provided to the GRANTEE to carry out a State project) 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 Executive Office of the Governor and the Comptroller, and Chapter 10.550, Rules of the Auditor General. In determining the State awards expended in its fiscal year, the GRANTEE shall consider all sources of State awards, including State funds received from the Florida Department of State, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. In connection with the audit requirements addressed in Section e, paragraph 1, the GRANTEE shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.550, Rules of the Auditor General. If the Grantee expends less than $500,000 in State awards 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 awards in its fiscal year and elects to have an audit conducted in accordance with the provisions Page 1 of 4 FY2005-2006 State Aid to Libraries Final Grants This table shows the final State Aid to Libraries grant that each eligible library will receive in 2005-2006. For 2005-2006, the available funding for State Aid grants is $31,849,233, which is 28.3 percent of what would be required for full funding. At this level, Operating Grants pay 5.4 cents on the dollar of expenditure by a participating library during the second preceeding year. Operating Grants total $22,393,460, Equalization Grants total $7,090,792, and Multicounty Grants total $2,364,981. COUNTY I MUNICIPALITY OPERATING EQUALIZATION TOTAL GRANT GRANT GRANT ALACHUA COUNTY 598,485 598,485 ALTAMONTE SPRINGS 20,112 20,112 BAKER COUNTY 6,409 58,054 64,463 BAY COUNTY 95,792 95,792 BOYNTON BEACH 87,461 87,461 BRADFORD COUNTY 11,931 215,114 227,045 BREVARD COUNTY 792,432 792,432 BROWARD COUNTY 2,819,387 2,819,387 CALHOUN COUNTY 7,636 139,506 147,142 CHARLOTTE COUNTY 147,192 147,192 CITRUS COUNTY 110,481 110,481 CLAY COUNTY 121,464 121,464 COLLIER COUNTY 394,592 394,592 COLUMBIA COUNTY 37,946 663,951 701,897 DELRAY BEACH 74,319 74,319 DESOTO COUNTY 8,857 78,622 87,479 DIXIE COUNTY 5,325 48,362 53,687 DUVAL COUNTY 1,269,688 1,269,688 ESCAMBIA COUNTY 172,149 172,149 FLAGLER COUNTY 30,046 224,528 254,574 FORT MYERS BEACH 33,362 33,362 FRANKLIN COUNTY. 6,575 56,279 62,854 GADSDEN COUNTY 18,874 336,177 355,051 GILCHRIST COUNTY 4,597 41,755 46,352 GLADES COUNTY 1,622 14,706 16,328 GULF COUNTY 7,528 65,804 73,332 HAMILTON COUNTY 10,786 195,159 205,945 HARDEE COUNTY 8,099 71,596 79,695 HENDRY COUNTY 28,269 493,697 521,966 HERNANDO COUNTY 113,326 1,687,992 1,801,318 HIALEAH 109,233 109,233 HIGHLANDS COUNTY 36,998 302,312 339,310 November 21,2005 COUNTY / MUNICIPALITY OPERATING EQUALIZATION TOTAL GRANT GRANT GRANT HILLSBOROUGH COUNTY 1,608,988 1,608,988 HOLMES COUNTY 2,933 26,732 29,665 INDIAN RIVER COUNTY 201,490 201,490 JACKSON COUNTY 13,836 123,049 136,885 JEFFERSON COUNTY 5,305 48,213 53,518 LAFAYETTE COUNTY 1,236 11,322 12,558 LAKE COUNTY 333,518 333,518 LAKE PARK 16,437 16,437 LAKE WORTH 28,353 28,353 LANTANA 8,763 8,763 LEE COUNTY 1,182,820 1,182,820 LEON COUNTY 299,779 299,779 LEVY COUNTY 9,932 87,778 97,710 LIBERTY COUNTY 1,710 15,664 17,374 LIGHTHOUSE POINT 20,116 20,116 MADISON COUNTY 9,848 178,769 188,617 MAITLAND 32,923 32,923 MANATEE COUNTY 299,501 299,501 MARION COUNTY 284,392 284,392 MARTIN COUNTY 252,968 252,968 MIAMI-DADE COUNTY 2,599,175 2,599,175 MONROE COUNTY 107,885 107,885 NASSAU COUNTY 34,710 268,689 303,399 NEW PORT RICHEY 36,357 36,357 NORTH MIAMI 39,109 39,109 NORTH MIAMI BEACH 54,254 54,254 OAKLAND PARK 36,254 36,254 OKALOOSA COUNTY 163,682 163,682 OKEECHOBEECOUNTY 15,757 138,566 154,323 ORANGE COUNTY 1,350,422 1,350,422 OSCEOLA COUNTY 324,486 324,486 PALM BEACH COUNTY 1,445,619 1,445,619 PALM SPRINGS 27,038 27,038 PASCO COUNTY 309,760 309,760 PINELLAS COUNTY 1,467,728 1,467,728 POLK COUNTY 416,830 416,830 PUTNAM COUNTY 26,470 223,214 249,684 SAINT JOHNS COUNTY 211,679 211,679 SAINT LUCIE COUNTY 202,360 202,360 COUNTY / MUNICIPALITY OPERATING EQUALIZATION TOTAL GRANT GRANT GRANT SANTA ROSA COUNTY 49,326 367,524 416,850 November 21,2005 SARASOTA COUNTY 434,682 434,682 SEMINOLE COUNTY 272,422 272,422 SUMTER COUNTY 26,673 226,994 253,667 SUWANNEE COUNTY 18,421 328,385 346,806 TAYLOR COUNTY 11,181 100,181 111,362 UNION COUNTY 4,957 90,726 95,683 VOLUSIA COUNTY 576,017 576,017 WAKULLA COUNTY 9,747 87,389 97,136 WALTON COUNTY 29,558 29,558 WASHINGTON COUNTY 8,176 73,983 82,159 WEST PALM BEACH 137,967 137,967 WILTON MANORS 18,813 18,813 WINTER PARK 120,124 120,124 TOTAL $22,393,460 $7,090,792 $29,484,252 MULTICOUNTY GRANTS CHARLOTTE GLADES LIBRARY SYSTEM 50,000 HEARTLAND LIBRARY COOPERATIVE 400,000 NEW RIVER PUBLIC LIBRARY COOPERATIVE 292,866 NORTHWEST REGIONAL LIBRARY SYSTEM 350,000 PANHANDLE PUBLIC LIBRARY COOPERATIVE SYSTEM 339,926 SUWANNEE RIVER REGIONAL LIBRARY SYSTEM 321,862 THREE RIVERS REGIONAL LIBRARY SYSTEM 270,531 WEST FLORIDA REGIONAL LIBRARY 50,000 WILDERNESS COAST PUBLIC LIBRARIES 289,796 TOTAL 2,364,981 $31,849,233 November 21,2005 JEB BUSH Governor STATE OF FLORIDA DEPARTMENT OF STATE STA1E LIBRARY AND ARa-nVES OF FLORIDA SUE M. COBB Secretary of State MEMORANDUM TO: Virginia Farace, Director Boynton Beach City Library Judith A. Ring, State Librarian ~ February I, 2006 FROM: DATE: SUBJECT: State Aid to Libraries Grant Program State Library and Archives of Florida staff have reviewed the FY2005-2006 State Aid to Libraries grant application submitted by your library. I am pleased to inform you that your library has met all of the requirements of Chapter IB-2.011, Florida Administrative Code. A copy of the executed grant agreement and a Notification of Grant Award form is enclosed for your files. The first grant payment has been requested. The attached list shows the grants that libraries will receive during FY2005-2006. If you need additional information or clarification, please contact Marian Deeney, who manages the State Aid to Libraries grant program, at (850) 245-6620 or mdeeney@dos.state.fl.us. Enclosures . http://dlis.dos.slale.l1. us/hld/gran Is/i ndex.hlm R.A. Gray Building . 500 Soulh Bronaugh Street . Tallahassee, Florida 32399-0250 TOO: 850.922.4085 . http://dlis.dos.slate.l1.us DIRECTOR'S OFFICE 850.245.6600 . FAX: 850.245.6735 STATE LIBRARY OF FLORIDA 850.245.6600 . FAX: 850.245.6651 STATE ARCHIVES OF FLORIDA 850.245.6753 . FAX: 850.488.4894 LEGISLATIVE LIBRARY SERVICE 850.488.2865 . FAX: 850.488.9879 RECORDS MANAGEMENT SERVICES 850.245.6750 . FAX: 850.245.6795 ADMINISTRA TIVE CODE AND WEEKLY 850.245.6270 . FAX: 850.245.6282 of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds (Le., the cost of such an audit must be paid from GRANTEE funds obtained from other than State entities). f. 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 to: a. Provide a grant in accordance with the terms of this agreement in consideration of the Grantee's performance herein under, 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, Operating 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 Comptroller upon execution of the agreement. The remaining payment will be made by June 30. III. The Grantee and the DIVISION mutually agree that: a. This instrument embodies the whole agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this agreement shall supersede all previous communications, representation, or agreements either verbal or written, between the parties. No amendment shall be effective unless reduced in writing and signed by the parties. b. The agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this agreement. .. c. If any term or provision of the agreement is found to be illegal and unenforceable, the remainder of the agreement shall remain in full force and effect and such term or provision shall be deemed stricken. 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. 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 Page 2 of 4 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 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 Page 3 of 4 CITY CLERK'S OFFICE MEMORANDUM TO: Virginia Farace Library Director FROM: Janet M. Prainito City Clerk DATE: September 16, 2005 RE: R05-140 - Florida Department of State, Division of Library and Information Services STATE AID TO LIBRARIES GRANT AGREEMENT Attached for your information and processing are two (2) originals of the agreement that was approved by the City Commission at their regular meeting on September 6, 2005. Please secure the necessary signatures. Once the document has been fully executed, please return an original to this office for our Central Files. Thank you. Attachments c: Central File (w/attachment) S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2005\V. Farace - Transmittal of State Aid to Libraraies Grant Agreement - 2005.doc