2009-49 State Aid to Libraries GrantRESOLUTION 2009-49
• A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING THE SUBMISSION OF AN
APPLICATION FOR STATE AID TO LIBRARIES GRANT FUNDING,
PROVIDING THE REQUIRED ASSURANCES AND CERTIFICATIONS,
AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 257, Florida Statutes, authorizes municipalities to file applications for State
Aid to Libraries Grant Funding; and
WHEREAS, the Village Council wishes to authorize the filing of an application for State Aid to
Libraries Grant Funding and to provide the required assurances and certifications necessary for
the receipt such funding; and
WHEREAS, the Village Council determines that the adoption of this Resolution benefits the
public health, safety and welfaze.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The foregoing recitals are ratified and incorporated herein.
Section 2. The Village Council authorizes members of Village Administration and the
appropriate Village Officials to take all steps necessary to apply for and receive State Aid to
Librazies Grant Funding, including filing of all required application forms, preparing the required
supporting documentation, and executing the State Aid to Libraries Grant Agreement.
Section 3. In support of the Village's application for a State Aid to Libraries Grant Funding,
the Village Council hereby makes the following assurances and certifications:
A. The Village of North Palm Beach is an eligible political subdivision;
B. The Village ofNorth Palm Beach is the single library administrative unit;
C. The Village of North Palm Beach is the designated governing body to provide
library services;
D. The Library Director shall be the single administrative head employed by the
Village with the authority to manage and coordinate the operations of the library
and has an approved job description;
E. The Library Director possesses an American Library Association accredited
professional degree, and has at least two (2) yeazs of full-time paid professional
experience (after completion of the library education program) in a public library
that is open to the public for a minimum of forty (40) hours per week;
Page 1 of 2
F. All funds shall be centrally expended by the single administrative head and shall
be part of the library's budget;
• G. The library shall extend borrowing privileges without charge to residents of all
library service areas within Palm Beach County that receive State Aid to Libraries
Grant Funding;
H. The library shall provide free library services;
The library shall participate with all libraries in Palm Beach County that receive
State Aid to Libraries Grant Funding in joint planning for the coordination of
providing library services to residents; and
J. The library shall continue to be operated a minimum of forty (40) hours per week.
Section 3. The Village Council hereby approves a three (3) year long-range plan and an
annual plan of services attached hereto as Exhibit "A" and Exhibit "B" and incorporated herein
by reference.
Section 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed to
the extent of such conflict.
Section 5. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS 10th DAY OF
(Village Seal)
ATTEST:
VILLAGE CLERK
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EXHIBIT "A"
Library Strategic Plan. FY2008 - FY2012
• FY 2009 U date
P
FY 2010 Update
FY 2011 Update
FY 2012 Update
• Mission FY 2009: Our mission remains the same.
o We are:
• service to the village
^ community gathering place
• stewards of public funds
^ active partners with other community organizations
• active partners with other village departments
• dedicated to providing exceptional service
^ flexible organization
o We value:
^ equal access
• free exchange of information and ideas
^ personal connection with the people we serve
• Goals
o facility
• convenient
^ location, location, location
^ well- organized
• materials can be found easily
FY 2009: Several innovations were instituted that have
been very popular with our patrons. A three double-sided
shelving unit was added right in front of the circulation
desk. One side is devoted to New Fiction; the other side is
devoted to New Non-Fiction. The center unit on each side
is where the New York Times Bestseller titles are shelved.
Since the bestsellers are usually out, we have included a
pocket that holds Reserve cards for the convenience of the
patrons to place holds on titles they are interested in
reading.
^ welcoming appearance
^ interior bright, open
^ less furniture, more openness
• fresh paint, major carpet cleaning
FY 2009: The upper level received partial new carpeting.
• o staff FY 2009: Our staff continues to rovide ualit service to our
p q Y
patrons. Compliments keep coming. (Though we aren't resting on our
laurels. The staff is always working to be innovative in creating value
added services.)
• well-trained
^ continuing ed opportunities
^ formal education (degree program) FY2009: One of our
PT Library Clerks begins her MLS courses this year.
• approachable
^ smiling demeanor
^ "first" contact
^ conscientious
• helpful
• anticipate patron needs
o marketing
^ what we need to publicize
• programs
^ topical
^ some seasonal, some year round
^ some day time, some evening
^ services
^ outreach
• online access
• online reference
• collections
• what we have
• how to use what we have
• how we need to publicize
^ news media
^ public service spots
^ paid aids
^ photo ops
^ print FY 2009: We have a staff member who is our
"expert" in creating brochures, bookmarks, posters, flyers.
She has created some very colorful banners and posters for
our Children's Area that are very eye-catching.
• brochures
• bookmarks
• signs, banners, etc.
o technology
^ current FY 2009: The Library opened a 12 station computer lab
on our lower level. The space was created by the relocation of
• Children's Area to the upper level. The use of the lab (which did
exist in smaller form upstairs) has grow exponentially... from 979
session at the beginning of FY 2008 to over 5,000 sessions during
• the current fiscal year to date.
^ equipment to meet user needs
• emerging
^ willingness to take risks
• training
^ staff
^ scheduled staff development
^ patrons
scheduled computer classes FY 2009: We have
been able to provide several series of computer
classes for our patrons this year. This was made
possible through the very generous "donation" of
computer training staff from the Palm Beach
County Library while the county's North County
Regional facility is closed for
renovation/construction.
• Services
o Public Services
• collections
• Adult
^ demand
^ meet changing needs FY 2009: The demand
on library services has increased
substantially with the closing to of the
county system's North County Regional
facility.
• value to the community FY 2009: During
times of economic downturn, the library
becomes more "valuable" to our patrons.
Free DVDs, free books, free programs all go
a long way for patrons to maintain. their
quality of life.
• currency
• 50% of collection is 5 years or newer FY
2009: This goal is not within reach quite yet.
Because the collection is older than it should
•
• Young Adult
be any serious reduction by age would result
in a much smaller collection. It is necessary
to move slowly to reach this goal.
continuous weeding FY 2009: Weeding is
continuous. A major weeding took place in
FY2007 as part of a complete inventory, so
we can keep up much easier now.
• demand FY 2009: We have found that as we
• update our YA collection, increase publicity, and
talk with our patrons the usage of this collection is
steadily improving.
^ meet changing needs
^ value to the community
• currency
^ 50% of collection is 5 years or newer
^ continuous weeding
• Children's FY 2009: As part of the budget process, the
Children's Librarian took early retirement. Since
children's services had been decline significantly over the
last 5 years, the decision was made to eliminate Children's
Services as a separate department. Consequently, a new
Children's Area was created upstairs. This enable us to do
some creative design through the purchase of new Big
Cozy furniture, a Children's Bestsellers collection, special
interest displays (such as the Sunshine State Readers
nominated titles). Because parents may now use the library
for their reading needs without having to be separated from
their children we have found that both parents and children
are making greater use of all our collections,.
^ demand
^ meet changing needs
^ value to the community
^ currency
• 50% of collection is 5 years or newer
• continuous weeding
^ reference FY 2009: This is the one area where currency is of
prime importance. A commitment to updating our reference
collection makes providing our patrons with accurate, current, and
easily accessible information.
^ currency
• 50% of collection is 5 years or newer
• continuous weeding
• demand FY 2009: We are finding that patrons don't use
our reference service as much as in the past. This can be
attributed to their heavy dependence on the interset. As we
have relocated the Children's Area upstairs and interfiled
juvenile non-fiction with adult non-fiction we are seeing
more students seeking help from our stair
^ meet changing needs
^ value to the community
• programs FY 2009: Anew Public Services Librarian (i.e. the
• "old" Reference Librarian position) has brought a new vitality to
our programming. While both adult and children's programming
has not be particularly popular over the past five years, we are
• seeing a resurgence of program attendance. This is partly due to
the closing of the county's North County Regional Library. We
are attempting to capitalize on this opportunity to make our
programs so interesting that patrons will continue to visit us even
.after the new library opens later next year.
• regular series
^ cooperative efforts with Friends, etc.
o Technical Services
^ cataloging
^ maintenance
• weeding processing
o Circulation Services
• patron maintenance
^ Sagebrush FY 2009: The Library received an LSTA grant which
will enable us replace Sagebrush (a system intended for schools)
with a Sirsi/Dynix system through the Cooperative Authority for
Library Automation (COALA). This will provide us with a much
more robust system that will give our patrons ability to view their
accounts, renew items, place holds...all of which they cannot do
now.
•
EXHIBIT "B"
Goals for FY 2010 (Plan of Service)
• Circulation
o increase number of cardholders
o increase overall circulation statistics
• Programs
o joint projects with Friends of the Library
^ host a Roads Scholar program
^ author's luncheon
^ booksale
o Mystery Night
• Services
o children's services
o public computer lab
o reference
o programming
Collection Management
o consider consolidation of collections
o acquisitions
o periodicals
• reduction in number of titles
^ full utilization of EBSCO donation program
• relocation of periodicals in building
• special projects
o migration to Sirsi
^ updating of databases
^ patron
• collection
^ aging analysis
^ use analysis
o book delivery service
•
Florida Department of State, Division of Library and Information Services
STATE AID TO LIBRARIES GRANT AGREEMENT
The Applicant (Grantee) Village Council for the Village of North Palm Beach
(Name of library governing body)
Governing body for North Palm Beach Public Library
(Name of library)
hereby makes application and certifies eligibility for receipt of grants authorized under
Chapter 257, Florida Statutesl 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,
nan-ative, 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 financial assistance
equal to or in excess of $500,000 in any fiscal year of such grantee, the Grantee
must have a State single orproject-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
non-state entities. State financial assistance does not include federal direct or
pass-through awards and resources received by a non-state entity for federal
program matching requirements.
Page 1 of 5
State Aid to Libraries Grant Agreement
Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective xx-xx-xxxx
In connection with the audit requirements addressed in part e., 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
httgs://aggs.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:
A. The Department of State at the following addresses:
Office of Inspector General
Florida Department of State
Clifton Building, Suite 320
2661 Executive Center Circle
Tallahassee, FL 32399-0250
B. 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
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
Page 2 of 5
State Aid to Libraries Grant Agreement
Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective xx-xx-xxxx
the termination date. In the event of a state revenue shortfall, 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 Chief Financial Officer 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. If any matter arising out of this Contract
becomes the subject of litigation, venue shall be in Leon County.
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 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
Page 3 of 5
State Aid to Libraries Grant Agreement
Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective xx-xx-xxxx
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.
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, employees 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 bean 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
Page 4 of 5
State Aid to Libraries Grant Agreement
Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective xx-xx-xxxx
INTERNET SAFETY CERTIFICATION FOR APPLICANT
PUBLIC LIBRARIES
PUBLIC ELEMENTARY AND SECONDARY SCHOOL LIBRARIES, and
CONSORTIA WITH PUBLIC AND/OR PUBLIC SCHOOL LIBRARIES
As the duly authorized representative of the applicant library, I hereby certify that the
library is (check only one of the following boxes)
A. CIPA Compliant
(The applicant library has complied with the requirements of
Section 91340(1) of the Library Services and Technology Act.)
OR
B. ~ The CIPA requirements do not apply because no funds made available
under the LSTA program are being used to purchase computers to access
the Internet, or to pay for direct costs associated with accessing the
Internet.
DAVID B, MORRIS
Printed Name of Authorized Representative
MAYOR
Title of Authorized Representative
9~~ 9~~ ~
Date
NORTH PALM BEACH PUBLIC LIBRARY
Name of Applicant Library/Program
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State:
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CERTIFICATIONS REGARDING DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS; DRUG-FREE WORKPLACE REQUIREMENTS;
LOBBYING; FEDERAL DEBT STATUS; AND NONDISCRIMINATION
Signature of this form provides for compliance with the statutes and regulations cited below. The
certifications shall be treated as material representations of fact upon which reliance will be placed when
the Institute of Museum and Library Services determines to award Federal funds to State Library
Administrative Agencies.
1. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
As required by Executive Order 12549 and implemented at 45 C.F.R. Part 1185, the undersigned,
on behalf of the applicant, certifies to the best of his or her knowledge and belief that neither the
applicant, nor its principals:.
(a) are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
(b) have within athree-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, state or local)
transaction or contract under a public transaction, or in connection with a violation of Federal
or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification
or destruction of records, making false statements, or receiving stolen property;
(c)are presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, state or local) with commission of any of the offenses enumerated in paragraph (b)
of this certification;
(d) have within athree-year period preceding this application/proposal had one or more public
transactions (Federal, state or local) terminated for cause or default.
Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach
an explanation to this application.
2. DRUG-FREE WORKPLACE REQUIREMENTS
As required by the Drug-Free Workplace Act of 1988 and implemented at 45 C.F.R. Part 1185, the
undersigned, on behalf of the applicant, certifies that the applicant will or will continue to provide adrug-
free workplace by:
(a) publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the grantee's
workplace and specifying the action that will be taken against employees for violation of
such prohibition;
(b) establishing an ongoing drug-free awareness program to inform employees about:
(1) the dangers of drug abuse in the workplace;
(2) the grantee's policy of maintaining a drug-free workplace;
(3) any available drug counseling, rehabilitation, and employee assistance programs; and
,n,
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(4) the penalties that may be imposed on employees for drug abuse violations occurring in
the workplace;
(c) making it a requirement that each employee to be engaged in the performance of the grant be
given a copy of the statement required by paragraph (a);
(d) notifying the employee in the statement required by paragraph (a) that, as a condition of
employment under the grant, the employee will
(l) abide by the terms of the statement; and
(2) notify the employer in writing of his or her conviction for a violation of a criminal drug
statute occurring in the workplace not later than fve calendar days after such conviction;
(e) notifying the agency in writing within ten (] 0) calendar days after receiving notice under
subparagraph (d)(2) from an employee or otherwise receiving actual notice of such
conviction. Employers of convicted employees must provide notice, including position title,
to every grant officer on whose grant activity the convicted employee was working, unless
the Federal agency has designated a central point for the receipt of such notices. Notices
shall include the identification number(s) of each affected grant;
(f) taking one of the following actions within thirty (30} days of receiving notice under
subparagraph (d)(2) with respect to any employee who is so convicted:
(1) taking appropriate personnel action against such an employee, up to and including
termination consistent with the requirements of the Rehabilitation Act of 1973, as
amended (29 U.S.C. § 701 et seq.); or
(2) requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, state, or local health law
or other appropriate agency;
(g) making a good faith effort to continue to maintain adrug-free workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (f).
The applicant either shall identify the site(s) for the performance of work done in connection with the
project in the application material or shall keep this information on file in its office so that it is available
for Federal inspection. The street. address,. city, county, state, and zip code should be provided whenever
possible.
3. LOBBYING
As required by Section 1352, Title 31 of the United States Code, and implemented for persons entering
into a grant or cooperative agreement over $100,000, the applicant certifies to the best of his or her
knowledge and belief that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an offcer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of a Federal contract, the making
of a Federal grant, the making of a Federal loan, the entering into of a cooperative agreement,
or the extension, continuation, renewal, amendment, or modification of a Federal contract,
grant, loan, or cooperative agreement.
(b) If any funds other than appropriated Federal funds have been paid or will be paid to any
person (other than a regularly employed officer or employee of the applicant) for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection
with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
request, complete, and submit Standard Form LLL, "Disclosure of Lobbying Activities," in
accordance with its instructions.
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(c) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
4. FEDERAL DEBT STATUS
The undersigned, on behalf of the applicant, certifies to the best of his or her knowledge and belief that
the applicant is not delinquent in the repayment of any Federal debt.
5. NONDISCRIMINATION
As required by the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Education Amendments
of 1972, and the Age Discrimination in Employment Act of 1975, as implemented at 45 C.F.R. Part
1180.44, the undersigned, on behalf of the applicant, certifies that the applicant will comply with the
following nondiscrimination statutes and their implementing regulations:
(a) Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000 et seq.), which
provides that no person in the United States shall, on the grounds of race, color, or
national origin, be excluded from participation in, be denied the benefits of, or otherwise
be subject to discrimination under any program or activity receiving Federal financial
assistance;
(b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 701 et seq.), which
prohibits discrimination on the basis of disability in Federally-assisted programs;
(c) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-83, 1685-
86), which prohibits discrimination on the basis of sex in education programs and
activities receiving Federal financial assistance;
(d) The Age Discrimination in Employment Act of 1975, as amended (42 U.S.C. § 6101 et seq.),
which prohibits discrimination on the basis of age in Federally-assisted programs;
The undersigned further provides assurance that it will include the language of these certifications in all
subawards and that all subrecipients shall certify and disclose accordingly.
As the duly authorized representative~he applicant, I hereby certify that the applicant will comply with
the above certifications. / l
ina Official
DAVID B, MORRIS, MAYOR
Print Name and Title of Authorized Certifying Official
~®~1~~~
Date
State Programs 3 Issued 2/9/2006
• ,
PROJECT NUMBER 09-LSTA-F-06
Florida Department of State, Division of Library and Information Services
LIBRARY SERVICES AND TECHNOLOGY ACT
GRANT AGREEMENT
AGREEMENT executed and entered into ~ ~ ~ ~ , ~ ~~
BETWEEN the State of Florida, Department of State, Division of Library and Information Services, hereinafter
referred to as the DIVISION, and the
SUBGRANTEE: North Palm Beach Village Council for and on
behalf of North Palm Beach Public Library
the PROJECT: Migration to SIRSI Integrated Library System
the GRANT AMOUNT: Thirty-one thousand five hundred dollars ($31,500)
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, 2010.
Unless there is a change of address, any notice required by this agreement shall be delivered to the DNISION,
500 South Bronough Street, Tallahassee, Florida 32399-0250, for the State, and to 303 Anchorage Drive, North
Palm Beach, FL 33408, 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 DNISION, as administrator of federal funds authorized under Section 257.12, Florida Statutes, wishes to
provide a grant of federal funds. Federal funds are provided through the Library Services and Technology Act
of 1996 under Florida's long range plan approved by the Institute of Museum and Library Services. The
SUBGRANTEE agrees to meet all state requirements and requirements of the Library Services and Technology
Act, hereinafter referred to as LSTA.
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 described in the project
proposal and revisions submitted to and approved by the DNISION. The project proposal and revisions
are incorporated by reference.
b. Provide the DNISION with statistical, narrative, financial and other evaluative reports as requested.
c. Retain and make available to the DTVISION, upon request, all financial. and programmatic records,
supporting documents, statistical records, and other records for the project.
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.
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e. Pay out all project funds on or before the project ending date. Use and maintain adequate fiscal
authority, control, and accounting procedures that will assure proper disbursement of, and accounting
for federal project funds.
f. Perform all acts in connection with this agreement in strict conformity with all applicable State and
Federal laws and regulations.
g. Expend all grant funds received under this Agreement solely for the purposes of the project. Repay to
the DNISION any and all funds not expended for the purposes of the project.
That to the best of the SUBGRANTEE'S knowledge and belief that the SUBGRANTEE, and its
principals:
1. Are not presently excluded or disqualified (debarment, suspension and other responsibility matters);
2. Have not been convicted within the preceding three years of any of the offenses listed in 45 CFR
1185.800(a) or had a civil judgment rendered against the applicant or its principals for one of those
offenses within that time period;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses listed in 45 CFR 1185.800(a); and
4. Have not had one or more public transactions (Federal, State, or local) terminated within the
preceding three years for cause or default.
That the SUBGRANTEE, and its principals will comply with 45 CFR Part 1185 Subpart C
(Responsibilities of Participants Regarding Transactions) and will require similar compliance with
Subpart C by persons at the next lower tier with whom the primary tier participant enters into covered
transactions.
i. Provide or continue to provide adrug-free workplace by complying with the requirements in Subpart B
of 45 CFR Part 1186.
This includes: making a good faith effort, on a continuing basis, to maintain adrug-free workplace;
publishing adrug-free workplace statement; establishing adrug-free awareness program for its
employees; taking actions concerning employees who are convicted of violating drug statutes in the
workplace; and identifying (either with this application, upon award, or in documents kept on file in the
SUBGRANTEE'S office) all known workplaces under the award.
j. Not use any grant funds for lobbying the legislature, the judicial branch, or any state agency.
k. As required by Section 1352, Title 31 of the United States Code, and implemented for persons entering
into a grant or cooperative agreement over $100,000, the SUBGRANTEE certifies to the best of his or
her knowledge and belief that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of a Federal contract, the making of a Federal grant, the making of
a Federal loan, the entering into of a cooperative agreement, or the extension, continuation, renewal,
amendment, or modification of a Federal contract, grant, loan, or cooperative agreement.
If any funds other than appropriated Federal funds have been paid or will be paid to any person
(other than a regularly employed officer or employee of the applicant) for influencing or attempting
to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall request, complete, and submit Standard Form
LLL, "Disclosure of Lobbying Activities," in accordance with its instructions.
3. The SUBGRANTEE shall include the language of this certification in Part k in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
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a
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
1. That to the best of the SUBGRANTEE' S knowledge and belief that the SUBGRANTEE is not
delinquent in the repayment of any Federal debt.
m. As required by the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Education Amendments
of 1972, and the Age Discrimination in Employment Act of 1975, as implemented at 45 CFR Part
1180.44, the SUBGRANTEE certifies that the SUBGRANTEE will comply with the following
nondiscrimination statutes and their implementing regulations:
1. Title VI of the Civil Rights Act of 1964, as amended (42 USC § 2000 et seq.), which provides that
no person in the United States shall, on the grounds of race, color, or national origin, be excluded
from participation in, be denied the benefits of, or otherwise be subject to discrimination under any
program or activity receiving Federal financial assistance;
2. Section 504 of the Rehabilitation Act of 1973, as amended (29 USC § 701 et seq.), which prohibits
discrimination on the basis of disability in Federally-assisted programs;
3. Title IX of the Education Amendments of 1972, as amended (20 USC §§ 1681-83, 1685-86), which
prohibits discrimination on the basis of sex in education programs and activities receiving Federal
financial assistance;
4. The Age Discrimination in Employment Act of 1975, as amended (42 USC § 6101 et seq.), which
prohibits discrimination on the basis of age in Federally-assisted programs;
The SUBGRANTEE shall insert similar provisions listed in Part m in all subcontracts for services
required by this agreement.
n. In the event that the SUBGRANTEE expends $500,000 or more in Federal awards in its fiscal year, the
SUBGRANTEE must have a single or program-specific audit conducted in accordance with the
provisions of OMB Circular A-133, as revised. In determining the Federal awards expended in its fiscal
year, the SUBGRANTEE shall consider all sources of Federal awards, including Federal resources
received from the Department of State. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit
of the SUBGRANTEE conducted by the Auditor General in accordance with the provisions OMB
Circular A-133, as revised, will meet the requirements of this part.
In connection with the audit requirements addressed in Part n., paragraph 1, the SUBGRANTEE shall
fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-
133, as revised.
If the SUBGRANTEE expends less than $500,000 in Federal awards in its fiscal. year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the
event that the SUBGRANTEE expends less than $500,000 in Federal awards in its fiscal year and elects
to have an audit conducted in accordance with the provisions of OMB Circular A-1.33, as revised, the
cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid
from SUBGRANTEE resources obtained from other than Federal entities).
Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised,
and required by this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-
133, as revised, by or on behalf of the SUBGRANTEE directly to each of the following:
1. The Department of State at the following address:
Office of Inspector General
Florida Department of State
Clifton Building, Suite 320
2661 Executive Center Circle
Tallahassee, FL 32301
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2. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections 320 (d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
3. Other Federal agencies and pass-through entities in accordance with Sections 320 (e) and (f), OMB
Circular A-133, as revised.
II. The DIVISION agees to:
a. Provide a grant in accordance with the terms of this agreement in the amount and frequency as stated
above in consideration for the SUBGRANTEE's performance hereinunder, and contingent upon funding
by the Institute of Museum and Library Services. 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 or federal 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 DNISION mutually agree that:
a.. This instrument embodies the entire 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. This 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 shall be terminated by the DNISION because of failure of the SUBGRANTEE to fulfill
its obligations under the agreement in a timely and satisfactory manner unless the SUBGRANTEE
demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by the
SUBGRANTEE shall be determined by the DNISION based on the terms and conditions imposed on
the SUBGRANTEE in this agreement and compliance with the program guidelines. The DNISION
shall provide SUBGRANTEE a written notice of default letter. SUBGRANTEE shall have 15 calendar
days to cure the default. If the default is not cured by the SUBGRANTEE within the stated period, the
DNISION shall terminate this agreement, unless the SUBGRANTEE demonstrates good cause as to
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why it cannot cure the default within the prescribed time period. For purposes of this agreement, "good
cause" is defined as circumstances beyond the SUBGRANTEE's control. In the event of termination of
this agreement, the SUBGRANTEE will be compensated for any work satisfactorily completed prior to
the notification of termination, if equitable.
£ The DNISION shall unilaterally cancel this agreement if the SUBGRANTEE refuses to allow public
access to all documents or other materials subject to the provisions of Chapter 119, Florida Statutes.
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. The DNISION shall not be liable to pay attorney fees, interest, late charges and service fees, or costs
related to collection of grant funds.
k. The DNISION 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 DNISION. In addition, the SUBGRANTEE hereby
agrees to be responsible for any injury or property damage resulting from any activities conducted by
the SUBGRANTEE.
1. The SUBGRANTEE, other than a SUBGRANTEE which is the State or agency or subdivision of the
State, agrees to indemnify and hold the DNISION 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 DNISION 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, by entering into this 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. The SUBGRANTEE shall not assign, sublicense or otherwise transfer its rights, duties, or obligations
under this agreement without prior written consent of the DNISION, which consent shall not be
unreasonably withheld. The agreement transferee must demonstrate compliance with the requirements
of the program. If the Department approves a transfer of the SUBGRANTEE's obligations, the
SUBGRANTEE remains responsible for all work performed and all expenses incurred in connection
with the agreement. In the event the Legislature transfers the rights, duties, and obligations of the
DNISION to another government entity pursuant to section 20.06, Florida Statutes, or otherwise, the
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rights, duties, and obligations under this agreement shall also be transferred to the successor government
entity as if it were an original party to this agreement.
q. This agreement shall bind the successors, assigns and legal representatives of the SUBGRANTEE and
of any legal entity that succeeds to the obligations of the DIVISION.
r. When publications, films or similar materials are developed, directly or indirectly, from a program,
project, or activity supported with grant funds, any copyright resulting therefrom shall be held by the
Department of State. The author may arrange for copyright of such materials only after approval from
the DNISION. Any copyright arranged for by the author shall include acknowledgment of grant
assistance. As a condition of grant assistance, the SUBGRANTEE agrees to, and awards to the
Department and to its officers, agents, and employees acting within the scope of their official duties, and
if applicable, the Federal Government, aroyalty-free, nonexclusive, and irrevocable license throughout
the world for official purposes, to publish, translate, reproduce, and use all subject data or copyrightable
material based on such data covered by the copyright.
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 DNISION.
N. The term of this agreement will commence on the date of execution of the agreement.
THE SUBGRANTEE THE DNISION
of A orize fficial 1ud' A. Ring, Director
Di sion of Library and Information Services
Department of State, State of Florida
DAVID B. MORRIS, MAYOR
Typed Name and Title of Authorized
Witness
Witness
~~
-~
Witness
fitness /'`
06/ 10/2009
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CHARLIE CRIST
Governor
MEMORANDUM
TO: Donna L. Riegel, Director
North Palm Beach Public Library
~~
FROM: Marian A. Deeney, Library Program Administrator
DATE: October 6, 2009
SUBJECT: Executed Project Agreement
Project #: 09-LSTA-F-06
Project: Migration to SIRSI Integrated Z,ibrary System
KURT S. BROWNING
Secretary of State
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Enclosed is one executed original copy of the project agreement noted above for your files. The
other copy is being kept in our office as part of the official files for the project.
Please include the project identification number in any future correspondence with our office
regarding this project. If you have questions or need assistance please contact me at 850.245.6620 or
mdeeney@dos.state.fl.us, or Dolly Frank at 850.245.6631 or dafrank@dos.state.fl.us.
MD/fl
Enclosure
DIRECTOR'S OFFICE
R.A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
850.245.6600 • FAX: 850.245.6735 • TDD: 850.922.4085 • http://dlis.dosstate.fl.us
COMMiJNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA
850.245.6600 • FAX: 850.245.6643 850.245.6600 • FAX: 850.245.6744 850.245.6700 • FAX: 850.488.4894
LEGISLATIVE LIBRARY SERVICE RECORDS MANAGEMENT SERVICES ADMlAlISTRATIVE CODE AND WEEKLY
850.488.2812 • FAX: 850.488.9879 850.245.6750 • FAX: 850.245.6795 850.245.6270 • FAX: 850.245.6282
STATE LIBRARY AND ARCHNES OF FLORIDA