HomeMy WebLinkAbout2000-278•
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FLORIDA DEPARTMENT OF STATE
DIVISION OF LIBRARY AND INFORMATION SERVICES
FY2000-2001 STATE AID TO LIBRARIES GRANT APPLICATION
Single County Library
The Board of County Commissioners of Indian River County
(name of library governing body)
governing body for the Indian River County
(name of county library)
hereby applies to the Division of Library and Information Services, Florida Department of State, for State Aid to
Libraries grants as authorized under Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries
Grant program, for the fiscal year beginning October 1, 2000 and ending September 30, 2001.
Certification of Local Operating Expenditures
We certify that the following total funds from local sources were expended centrally during the fiscal year
beginning October 1, 1998, and ending September 30, 1999 (second previous fiscal year) for the operation and
maintenance of a library under the conditions outlined in Chapter 257, Florida Statutes, and guidelines for the
State Aid to Libraries Grant program
We further certify that the amount listed below does not include any of the following:
Funds received from the federal government
Funds received from the state government
Funds used for purchase or construction of a library building or library quarters
Such funds are not eligible to be used as local match for State Aid applications under Chapter 257,
Florida Statutes, and guidelines for the State Aid to Libraries Grant program.
Total local funds expended centrally by the library for the operation and maintenance of a library
between October 1, 1998 and September 30, 1999. (The second previous year)
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$2,709,348.00
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Grant Agreement
The Applicant (Grantee) 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, creed, color, handicap, national origin, or sex.
The Grantee shall insert a similar provision in all subcontracts for services by this agreement.
d. Submit an audit or attestation statement pursuant to Section 11.45 and 216.349, Florida Statutes.
e. Identify an individual or position with the authority to make minor modifications to the application, if
necessary, prior to execution of the agreement.
11. The DIVISION agrees to:
rms of this agreement in consideration of the Grantee's
a. Provide a grant in accordance with the te
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
Form #dDLIS/SA02
Effective 4/1/98
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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 aci or negligence of the
Grantee, its agents, servants or employees; nor shall the Grantee exclude liability for its own acts,
omissions to act or negligence to the DIVISION. In addition, the Grantee hereby agrees to be
responsible for any injury or property damage resulting from any activities conducted by the
Grantee.
h. The Grantee, other than a Grantee which is the State or agency or subdivision of the State,
agrees to indemnify and hold the DIVISION harmless from and against any and all claims or
demands for damages of any nature, including but not limited to personal injury, death or damage
to property, arising out of any activities performed under this agreement and shall investigate all
claims at its own expense.
i. Neither the State nor any agency or subdivision of the State waives any defense of sovereign
immunity, or increases the limits of its liability, upon entering into a contractual relationship.
j. The Grantee, its officers, agents, and employees, in performance of this agreement, shall act in
the capacity of an independent contractor and not as an officer, employee or agent of the
DIVISION. Under this agreement, Grantee is not entitled to accrue any benefits of state
employment, including retirement benefits and any other rights or privileges connected with
employment in the State Career Service. Grantee agrees to take such steps as may be
necessary to ensure that each subcontractor of the Grantee will be deemed to be an independent
contractor and will not be considered or permitted to be an agent, servant, joint venturer, or
partner of the DIVISION.
k. The Grantee shall not assign, sublicense, nor otherwise transfer its rights, duties or obligations
under this agreement without the prior written consent of the DIVISION, which 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
Form #DLIS/SA02 page 3 of 5
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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.
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 the notification of grant award.
THE APPLICANT/GRANTEE THE DIVISION
Chairperson, Library Governing Body Katherine Hams
Secretary of State
Fran B. Adams, Chairman BOCC
Typed Name
Date September 19 2000
J.K, BARTON
Clerk of the Circuit Court
(or Chief Financial Officer of County
if res onsibility is assign to another position)
�effrev K. Barton, C rN of court _
Typed Name and Title of Official
Date C� —19 —
Form #tDLIS/SA02
Effective 4/1/98
Date
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Date
Mir Plye Co Apgr Oved Date
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