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R06-029 " 1 RESOLUTION NO. R 06- OB,q 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, APPROVING 5 AND AUTHORIZING THE EXECUTION OF THE 6 PUBLIC LIBRARY CONSTRUCTION GRANT 7 AGREEMENT IN THE AMOUNT OF $500,000.00 8 BETWEEN THE CITY OF BOYNTON BEACH AND 9 FLORIDA DEPARTMENT OF STATE, DIVISION OF 10 LIBRARY AND INFORMATION SERVICES FOR THE 11 EXPANSION PROJECT OF THE BOYNTON BEACH 12 CITY LIBRARY; AND PROVIDING AN EFFECTIVE 13 DATE. 14 15 16 WHEREAS, in March, 2004, the City Commission authorized reapplying for grant 17 funding which was approved by state legislature for the state fiscal year beginning July, 2005; 18 and 19 WHEREAS, upon recommendation of staff, the City Commission has determined 20 that it is in the best interes1s of the residents of the City to authorize execution of the Public 21 Library Construction Grant Agreement in the amount of $500,000.00 with the Florida 22 Department of State, Division of Library and Information Services. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption 27 hereof. 28 Section 2. The City Commission of the City of Boynton Beach, Florida does 29 hereby authorizing execution of the Public Library Construction Grant Agreement in the 30 amount of $500,000.00 with Florida Department of State, Division of Library and Information S:\CA\RESO\Agreements\Grants\Public Library ConstrLlction Grant Agmt.doc " 1 i, Services, which is attached hereto as Exhibit "An. 2 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this Jl day of January, 2006. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ~g 27 ATTEST: CITr OF BOYNTON BEACH, FLORIDA (// missioner 2;{A I ~/( ~missi~ner -:) ~ /~erC/~' S:\CA\RESO\Agreements\Grants\Public Library Construction Grant Agmt.doc ROb- 089 PROJECT NUMBER: 06-PLC-13 FLORIDA DEPARTMENT OF STATE DIVISION OF LffiRARY AND INFORMATION SERVICES PUBLIC LffiRARY CONSTRUCTION GRANT AGREEMENT This AGREEMENT, executed and entered into F -e.. \;> 4.,;), 0 (j ~ I BETWEEN the State of Florida, Department of State, Division of Library and Information Services, hereinafter Referred to as the DIVISION, and City of Boynton Beach, hereinafter referred to as the GRANTEE. the PROJECT: Boynton Beach City Library the GRANT AMOUNT: Five hundred thousand dollars ($500,000) 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 to City of Boynton Beach, 208 S. Seacrest Boulevard, Boynton Beach, FL, 33435, for the GRANTEE. 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 DIVISION, as administrator of state funds provided under Section 257.191, Florida Statutes, has approved an application for public hbrary construction funds submitted by the GRANTEE, which application is by reference herein made a part of this agreement The GRANTEE, acting under the authority vested in it for the establishment and maintenance of a free public library, has applied for construction funds. The DMSION and the GRANTEE are willing to cooperate for the implementation of a public library construction project. The parties hereto agree as follows: I. The GRANTEE agrees: A. To provide sufficient, eligIble and unencumbered funds to be used for public library construction. B. To provide an approved site and building plans and specifications prepared by a licensed architect Submit the final drawings and specifications to the DMSION for review prior to the award of a construction contract. Award a construction contract within 540 days from the date of the grant award. C. To provide and maintain competent and adequate engineering or architectural supervision and inspection at the construction site to ensure that the completed work conforms with the approved plans and specifications and will furnish progress reports and such other information as may be required by the DMSION. D. To expend all grant funds received under this agreement solely for the purposes for,JVhich they were authorized and appropriated. Expenditures from grant funds shall not be made for general operating expenses such as salaries, travel, personnel, or office supplies. Grant funds will not be used for lobbying the Legislature, the judicial branch or any state agency. E. To submit changes in the construction contract to the DMSION for approval if they: 1. alter the approved building floor space or space relationships; 2. alter the approved function or services of any part of a facility; 3 . change the location, size, or quantity of any approved fixed equipment; 4. transfer funds from the approved equipment budget to the construction budget, or vice versa; 5. affect design life safety features of the facility or requirements for elimination of architectural barriers for the handicapped. Page 1 of5 F. To include in the construction contract provisions for a Performance and Payment Bond and other fmancial assurances as to the contractor's ability to comply with said contract provisions, pursuant to Section 255.05, Florida Statutes. G. To establish and maintain a proper accounting system in accordance with generally accepted accounting principles. H. To provide the DIVISION, through any authorized representative, access tothe site and access to and the right to examine all records, books, papers, or other documents related to the PROJECf. I. To notifY the DIVISION of the date and time of final inspection in order to afford DIVISION participation in such inspection for purpose of concurring in the fmal acceptance of the building. J. To provide, without discrimination, free use of the library services to all residents of the area served. K. That it will 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. L. To comply with the Executive Order 11988, Flood Plain Management. M. To comply with the provisions of Section 257.191, Florida Statutes, and the regulations implementing the law, including Sections 553.501-553.513, Florida Statutes, relating to accessibility by persons with disabilities, and the Americans with Disabilities Act of 1990. N. To the use of the building exclusively for the public h'brary purposes for which constructed or altered. A change in its use must be approved by the DIVISION. O. In the event that the GRANTEE expends a total amount of State awards (i.e., 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, aud Chapter 10.600, 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 DIVISION, except that State awards received by a nonstate entity for Federal program matching requiring shall be excluded from consideration. In connection with the audit requirements addressed in the paragraph above, 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 defmed by Section 215.97(7)(1), Florida Statutes, aud Chapter 10.600, 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 thau $500,000 in State awards 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 non-State funds (Le., the cost of such an audit must be paid from recipient funds obtained from other than State entities). Page 2 of5 II. The DIVISION agrees to: A. Provide funds, in accordance with the tenns of this agreement and to the extent that the appropriation for this project is released to the DMSION for the PROJECT. Should the GRANTEE fail to expend the amount ofIneal funds certified in the application, the DMSION will match the local funds on a dollar for dollar basis to a maximum of the grant award. B. Make payments according to the schedule contained in the Library Consiiiiction Guidelines and Application packet, subject to any special conditions stipulated by the Office of the Comptroller, State of Florida. C. Conduct a periodic check of the PROJECT, including participation in the final inspection, when feasible. Ill. The GRANTEE and the DMSION mutually agree that: A. This instrument embodies the whole agreement of the parties. There are no provisions, tenns, conditions, or obligations other than those contained herein; and this agreement shall supersede all previous communication, representation, or agreement, 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 perfonn its obligations hereunder in accordance with the tenns and conditions of this agreement. C. If any tenn 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 tenn of provision shall be deemed stricken. D. The DMSION shall demand the return of monies delivered and withhold subsequent paymenls if violations occur which disqualifY the project from the grant under which they were provided, if monies were improperly expended or managed or if records of proper expenditure are not prepared, preserved or surrendered as required by this agreement. E. 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. F. This agreement shall be terminated by the DIVISION because offailure of the GRANTEE to fulfill its obligations under this agreement in a timely and satisfactory manner unless the GRANTEE demonstrates good cause as to why it cannot fulfill ils obligations. Satisfaction of obligations by the GRANfEE shall be determined by the DMSION based on the terms and conditions imposed on the GRANTEE in this agreement and compliance with the program guidelines. The DMSION shall provide the GRANTEE a written notice of default letter. GRANTEE shall have 15 calendar days to cure the default. If the default is not cured by the GRANTEE within the stated period, the DMSION shall terminate this agreement, unless the GRANTEE demonstrates good cause as to why it cannot cure the default within the prescnbed time period. For pwposes of this agreement, "good cause" is defined as circllmstances beyond the GRANTEE'S control. In the event of tennination of this agreement, the GRANTEE will be compensated for any work satisfactorily completed prior to the notification of tennination. G. The DMSION shall cancel this Agreement in the event that the GRANTEE refuses to allow public access to all documenls or other materials subject to the provisions of Chapter I 19, Florida Statutes, and made or received by the GRANTEE. Page 3 of5 H. 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 state bas no further liability to the GRANTEE, beyond that already incurred by the tennination date. In the event of a state revenue shortfall, the grant will be reduced in accordance with Section 257.195, Florida Statutes. I. Bills for fees and services must be maintained in detail sufficient for a proper preaudit and postaudit thereof. J. Unless authorized by law and agreed to in writing by the DIVISION, the"IiIVTSION shall not be liable to pay attorney fees, interest or the cost of collection. K. The DIVISION shall not asswne 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. L. The GRANTEE, other than a GRANTEE which is the State or agency or subdivision of the State, agrees to indemniJy 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. M. The GRANTEE shall be responsible for all work performed and all expenses incurred in connection with the Project The GRANTEE may subcontract as necessary to perform the services set forth in this agreement, including entering into subcontracts with vendors for services and commodities, PROVIDED mAT such subcontract bas been approved by the DIVISION prior to its execution, and PROVIDED mAT it is understood by the GRANTEE that the DIVISION shaII not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the GRANTEE 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, upon entering into a contractual relationship. O. 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. GRANTEE is not entitled to accrue any benefits of stale 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. P. The GRANTEE shall not assign, sublicense or otherwise transfer its rights, duties, or obligations under this agreement without prior written consent of the DIVISION, which consent shall not be unreasonably 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 inlj!.llTed in connection with the agreement. In the event the Legislature transfers the rights, duties, and obligations of the DIVISION to another government 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 .;. if it were an original party to the agreement. Q. 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. R. The term of this agreement will commence on the date of execution of the agreement. Page 4 of 5 THE GRANTEE S' 'f~A th 'd~Offi . I 19nature 0 u onze lCla KURT BRESSNER CITY MANAGER BOYNTON BEACH. FL Typed Name and Title of Authorized Official ~m~ Witness (~ACJ-(J f1 r~]~2UU~ Witness U Revised 06/29/05 Page 5 of 5 Beach ~[ON ~ --~ ----- David E. Mann Assistant St:cretary of Start: Department of State, State of Florida ~,,^A~X JL Itness ~:-... .~:-~ . ^)0J~ ~ 'C. FLORIDA DEPARTMENT OF STATE Glenda E. Hood Secretary of State DIVISION OF LIBRARY AND INFORMATION SERVICES - - July 19,2005 Virginia Farace, Project Manager Boynton Beach City Library 208 South Seacrest Boulevard Boynton Beach, FL 33435 Subject: Public Library Construction Grant A wards - FY2005-2006 Project: 06-PLC-13 Boynton Beach City Library Dear Ms. Farace: The Division of Library and Information Services has been advised of a State General Revenue appropriation for Public Library Construction Grants for FY2005-2006. I am pleased to advise you that the project identified above was funded. The "Public Library Construction Grant Information" sheet contains important information that you need to know about your grant. Also, check for any grant requirements that may be included under "Terms and Conditions" on the Notification of Grant Award. Please contact Marian Deeney, Library Program Administrator in the State and Federal Grants Office for assistance if you have any questions or need more information. She can be reached at 850/245-6620 or mdeeney@dos.state.fl.us. 9;;1!/}~ State Librarian ", JRlmd Enclosures pc: Faye Roberts, Liaison o STATE LIBRARY OF FLORIDA R.A. Gray Building. Tallahassee, Florida 32399-0250 . (850) 245-6600 FAX: (850) 245-6643 . TOD: (850) 922-4085 . http://www.dos.state.f1.us o LEGISLATIVE LIBRARY SERVICE 0 RECORDS MANAGEMENT SERVICES 0 FLORIDA STATE ARCHIVES (850)488-2812' FAX: (850)488-9879 (850)245-6750' FAX: (850)245-6795 (850)245-6700. FAX: (850)488-4894 o ADMINISTRATIVE CODE AND WEEKLY (850) 245-6270 . FAX: (850) 245-6282 Florida Department of State Division of Library and Information Services PUBLIC LIBRARY CONSTRUCTION GRANT INFORMATION FY2005-2006 GET YOUR PROJECT STARTED - - Sign the Grant Agreement. You have received two copies of the agreement for each project. o Get the original signature of an authorized official on each copy. o Get original signatures of two witnesses to the signature of the authorized official on each copy. Do not insert a date on the cODies: It will be added at the Division. o Return both copies of the agreement to the State and Federal Grants Office. One copy of the agreement will be returned to you after it has been dated and signed at the Division. o Once the agreement has been executed, a contract for the construction must be awarded within 540 days from the date of the grant award, which is by December 23. 2006. OTHER IMPORTANT INFORMATION Notification of Grant Award. The Notification of Grant Award provides important information about your grant including the project number, grant amount, Catalog of State Financial Assistance number, project start date, and project terms and conditions (if any). This information should be kept in your official project files. Grant Payments. Grant funds will be paid in no more than four payments on a reimbursement basis. o The first payment of 30% of the grant award will be made upon 30% completion of construction and after receipt and approval of required documents. o The second payment of 30% of the grant award will be made lJpon 60% completion of construction and after receipt and approval of required documents. o The third payment of 30% of the grant award will be made upon 100% completion of construction and after receipt and approval of required documents. o The fourth (final) payment of 10% of the grant award will be made upon successful completion of the construction project and after receipt and approval of required documents. Page 1 of 2 For most projects, grant payments will be sent electronically. o If your governing agency has already completed the "State of Florida Electronic Payment Authorization" form and opted to receive payments electronically, then your Public Library Construction grant payments will be electronically transmitted to the organization. Your organization will receive notification of electronic payment transmittal from the Division. - - o If your governing agency is not yet set up to receive payments electronically from the state and wishes to do so, please complete and submit the enclosed "State of Florida Electronic Payment Authorization" form. Otherwise, your grant checks will be mailed to your organization. Questions? Need more information? Contact Marian Deeney, Library Program Administrator, State and Federal Grants Office, Division of Library and Information Services, 500 South Bronough Street, Tallahassee, FL 32399-0250 at (850) 245-6620, SUNCOM 205-6620, fax (850) 245-6643; or e-mail mdeenevcw.dos.stateJl.us. , Page 2 of 2 PUBLIC LIBRARY CONSTRCUTION GRANTS NOTIFICATION OF GRANT AWARD Fiscal Year 2005-2006 Recipient: City of Boynton Beach Boynton Beach City Library 208 S. Seacrest Boulevard Boynton Beach, FL 33435 Virginia Farace, Project Manager Project Start Date: Upon execution of grant agreement PROJECT Boynton Beach City Library PROJECT # 06-PLC-13 CSFA# 45.020 AWARD $500,000 TERMS AND CONDITIONS · A contract for construction must be awarded no later than December 23. 2006. 7-lq -05 Date '" Florida Department of State, Division of Library and Information Services R.A. Gray Building, Tallahassee, Florida 32399-0250, (850) 245-6620, SUNCOM 205-6620 ST ATE OF FLORIDA DEPARTMENT OF STATE STATE UBRARY AND ARGllVES OF FLORIDA JEB BUSH Governor SUE M. COBB Secretary a/State MEMORANDUM FROM: Virginia Farace, Project Manager Boynton Beach City Library Marian A. Deeney %ary Program Administrator TO: DATE: February 9, 2006 SUBJECT: Executed Construction Project Agreement Project #: 06-PLC-13 Project: Boynton Beach City Library ------------------------------------------------------------------------------------------------------------------------- Enclosed is one executed original copy of the construction 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. As a reminder: . A contract for the construction must be awarded by December 23, 2006. . In addition, please include the project identification number in any future correspondence with our office regarding this project. If you have questions or if I can be of further assistance, please contact me at 850/245-6620 or e-mail mdeeney@dos.state.fl.us. Enclosure pc: Faye Roberts, Liaison . h tip ://dl is.dos.sta te. n.us/bld/gra n ts/index. h tm R.A. Gray Building . 500 South Bronough Street . Tallahassee. Florida 32399-0250 TDD: 850.922.4085 . htlp://dlis.dos.state.tl.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 850.245.6700 . FAX: 850.488.4894 LEGISLATIVE LIBRARY SERVICE 850.488.2812 . FAX: 850.488.9879 RECORDS MANAGEMENT SERVICES 850.245.6750 . FAX: 850.245.6795 ADMINISTRATIVE CODE AND WEEKLY 850.245.6270 . FAX: 850.245.6282 Page 1 of 1 [~f ""'11 ......~J'\ r'! -- ....,j - i ('1-.'''' Farace, Virginia . , From: Farace, Virginia Sent: Saturday, February 11, 2006 3:09 PM /'1'0: Prainito, Janet Cc: Pyle, Judith; Mummert, Bill; Munro, Mary Subject: Library Construction grant ! -) 1 I. , ^ . , J " " . i: r:" The State Library has returned a fully executed original of the Library Construction Grant Agreement. By way of city mail, this original will be delivered to your office for retention and filing. A copy will also be sent to the Finance Dept. 2/11/2006