Okaloosa County BOCC — September 2, 2014 — reading text

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. m. 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 20.06, 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. n. 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. o. The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the legislature. In the event that the state funds on which this agreement is dependent are withdrawn, this agreement is terminated and the DIVISION has no further liability to the GRANTEE beyond that already incurred by the termination date. In the event of a state revenue shortfall, the total grant shall be reduced in accordance with Section 257.21, Florida Statutes. p. If the GRANTEE is in noncompliance with any term(s) of this grant agreement or any other grant agreement with the Division of Library and Information Services, the Division of Historical Resources or the Division of Cultural Affairs, the Division may withhold grant payments until the GRANTEE comes into compliance. Violation of a grant program requirement, including but not limited to failure to submit grant reports and other grant documents; submission of incomplete grant reports or other grant documents; or violation of other grant agreement requirements; shall constitute a basis for the Division to place the GRANTEE in noncompliance status with the Department of State. q. The Division shall apply the following financial consequences for failure to perform the duties / tasks required in the scope of work. Should the library fail to provide free library service to the public or be open fewer than 40 hours per week, it will no longer be eligible to receive State Aid Libraries grant funding, and its funding will be reduced to $0. r. 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 State Aid to Libraries Grant Agreement Page 6 of 7 Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective xx-xx-xxxx Packet Pg. 171  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 ___________________________________ ___________________________________ Chair of Governing Body or Florida Department of State Chief Executive Officer Division of Library and Information Services Nathan D. Boyles, Chair of Governing Body_ ___________________________________ Typed Name Typed Name ___________________________________ ___________________________________ Date Date ___________________________________ ___________________________________ Clerk or Chief Financial Officer Division Witness Gary J. Stanford, Finance Officer________ ___________________________________ Typed Name and Title of Official Division Witness ___________________________________ Date State Aid to Libraries Grant Agreement Page 7 of 7 Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective xx-xx-xxxx Packet Pg. 172 Packet Pg. 173 DoNW. HowARD CLERK OF THE CIRCUIT CoURT, 0KALOOSA CoUNTY, FLORIDA December 19, 2013 Grants Office Division of Library and Information Services Marian Deeney, Library Program Administrator R.A. Gray Building, Room 206 500 South Bronough Street Tallahassee, FL 32399-0250 RE: FY2013-2014 State Aid to Libraries Grant Okaloosa Interlocal Agreement and t Memorandum of Understanding r '~ t J Dear Ms Deeney: We have enclosed one fully executed original Interlocal Agreement and one copy of our II Memorandum ofUnderstanding for update to the State's files. l I If I may be of further assistance, please give me a call at (850) 651-7200 extension 4381 or via email at bbailey@clerkofcourts.cc. Sincerely, I ~~'(,6~-c~ I Brenda L. Bailey Contracts and Grants Manager Enclosures cc: Vicky Stever 0 101 E. JAMES LEE BLVD.• CRESTVIEW, FWRIDA 32536. (850) 689-5000 REPLY TO: 0 SHALIMAR ANNEX • 1250 N. EGLIN PKWY, Sum B-110 • SHALIMAR, FwRioA 32579 • (850) 651-7200 0 BRACKIN BUILDING. 302 NORTII WILSON ST., SUITE 203. CRESTVIEW, FWRIDA 32536. (850) 689-5000 Packet Pg. 174  CONTRACT# C03-1 018-LIB OKALOOSA COUNTY PUBLIC LIBRARY COOP INTERLOCAL OPERATING AGREEMENT EXPIRES: 12/31/2014 Okaloosa County Public Library Cooperative lnterlocal Agreement This Agreement is entered into among Okaloosa County, hereinafter referred to as the "County," and the municipalities of Crestview, Destin, Fort Walton Beach, Mary Esther, Niceville, and Valparaiso, hereinafter referred to as "Participating Municipalities," each a municipal corporation located in Okaloosa County, WHEREAS, Chapter 163, Florida Statutes, Intergovernmental Programs, Part I, Miscellaneous Programs, Section 163.01, The Florida lnterlocal Cooperation Act of 1969, provides that public agencies of the State of Florida may exercise jointly with any other public agency of the State of Florida any power, privilege, or authority which such agencies share in common, and which each might exercise separately; and that a joint exercise of power by such agencies may be made by contract in the form of an interlocal agreement; and, WHEREAS, Chapter 125, Florida Statutes, subsection 125.01(f}, authorizes the County to provide libraries and cultural facilities and programs; and, WHEREAS, Chapter 166, Florida Statues, subsection 166.021(1}, authorizes municipalities to render municipal services, and exercise any power for municipal services, and exercise any power for municipal purposes, except when expressly prohibited by law; and, WHEREAS, the County and the Participating Municipalities desire to cooperate in a countywide agreement to provide public library services without charge in Okaloosa County; and, WHEREAS, the County is an eligible political subdivision under Chapter 257.17, Florida Statutes, that can participate in the State Aid to Libraries Program and is designated as the single administrative unit that can designate a governing body for countywide library service; THEREFORE, the parties- agree as follows: 1. PURPOSE: The County and Participating Municipalities agree to cooperate, pursuant to the terms of this lnterlocal Agreement, in the operation of a countywide public library cooperative in Okaloosa County. In particular, it is the express purpose of the Agreement to provide for the coordination of library service throughout the legal service area of the COOPERATIVE; to provide for equal access to free (without charge) public library service in the Cooperative service area; and to formulate and implement consistent plans, programs, policies and procedures in the operation, maintenance and development of library service throughout the legal service areas of the participating entities. Packet Pg. 175 2. DEFINITIONS: a) "Cooperative" shall mean the Okaloosa County Public Library Cooperative. b) "Cooperative Coordinator" shall mean the employee of the Okaloosa County Public Library Governing Board who administers Cooperative headquarters and coordinates Cooperative activities and who meets the requirements and carries out the duties of the single administrative head as defined in 1B-2.011(3)(dL Florida Administrative Code. c) "County" shall mean Okaloosa County, a political subdivision of the State of Florida. d) "Crestview" shall mean the City of Crestview, a municipal corporation located in Okaloosa County, FL, that operates the Robert L. F. Sikes Public Library. e) "Destin" shall mean the City of Destin, a municipal corporation located in Okaloosa County, FL, that operates the Destin Library. f) "Directors Council" shall mean a council whose membership will include the