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.
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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.
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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