Loading...
R03-042 II RESOLUTION R03-0&.l2- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, AUTHORIZING EXECUTION OF A GRANT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE STATE OF FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY AND INFORMATION SERVICES, FOR THE EXPANSION PROJECT OF THE BOYNTON BEACH CITY LIBRARY TO SECURE THE GRANT AMOUNT OF FIVE HUNDRED THOUSAND DOLLARS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission approved this grant application in Mareh, 2001, nd the grant funding was approved by the state legislature in the budget for the fiscal year eginning July, 2002, and this agreement needs to be exeeuted in compliance with state grant equirements; WHEREAS, this grant agreement seeures the funding at the state level while the City roeeeds with the other requirements of this grant application, conditioned on a construetion ontraet being awarded by December 23,2003, or the funds revert back to the state; WHEREAS, The City Commission of the City of Boynton Beaeh upon ecommendation of staff, deems it to be in the best interest of the eitizens of the City of oynton Beach to authorize execution of this Grant Agreement. NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH OF PALM BEACH COUNTY, FLORIDA, Section 1: The City Commission of the City of Boynton Beaeh, Florida hereby uthorizes execution of the Grant Agreement with Florida Department of State, Division of ibrary and Information Services in the amount of $ 500,000. Section 2: This Resolution shall take effeet immediately upon adoption. :\CA\RESO\Grants\Library Services Grant Agreement.doc PASSED AND ADOPTED THIS ~ DAY OF March, 2003. \ Commissioner :\CA\RESO\Grants\Library Services Grant Agreement.doc (( 03 ,-- tJ Lf ~ ~ PRomCf lNUMBER: 03-PLC-09 FLORIDA DEPARTMENT OF STATE . DIVISION OF LIBRARY AND INFORMATION SERVICES PUBLIC LffiRARY CONSTRUCTION GRANT AGREEMENT This AGREEMENT, executed and entered into BETWEEN the State of Florida, Department of State, Division of Library and Information SeJjvices, hereinafter Referred to as the DIVISION, and the City of Boynton Beach, hereinafter referred to as the GlANTEE. 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 tlj.e Division of Library and Information Services, 500 South Bronough Street, Tallahassee, Florida 32399-0250, for the $tate, and to the Boynton Beach City Library, 208 S, Seacrest Blvd., Boynton Beach, FL, 33435, for the GRAl'trnE, In the event of a change of address, it is the obligation of the moving party to notify the other party in writing of t~e change of address. The DIVISION, as administrator of state funds provided under Section 257,191, Florida Statute~, has approved an application for public library construction funds submitted by the GRANTEE, which applicatio11l is by reference herein made a part of this agreement. The GRANTEE, acting WIder the authority vested in it for the establishment and maintenance of a free public library, has applied for construction funds. The DIVISION and the i GRANTEE are willing to cooperate for the implementation of a public library construction project. The parties hereto agree as follows: I. The GRANTEE agrees: A. To provide sufficient, eligible and WIencumbered funds to be used for public libIlry construction. B, To provide an approved site and building plans and specifications prepared by a ~censed architect. Submit the final drawings and specifications to the DIVISION for review prior t~ the award of a construction contract. A ward a construction contract within 540 days from the dlj,te of the grant award. C, To provide and maintain competent and adequate engineering or architectural supervision and inspection at the construction site to ensure that the completed work conforms ~th the approved plans and specifications and will furnish progress reports and such other information a$ may be required by the DIVISION, D, To expend all grant funds received WIder this agreement solely for the purposes for which they were authorized and appropriated, Expenditures from grant funds shall not be made f~r general operating expenses such as salaries, travel, personnel, or office supplies, Grant funds will J!lot be used for lobbying the Legislature, the judicial branch or any state agency. E. To submit changes in the construction contract to the DIVISION 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; Page 1 of5 Revised 06/14/02 3. change the location, size, or quantity of any approved fIxed equipment; 4, transfer funds from the approved equipment budget to the constlUction budget, lor vice versa; 5. affect design life safety features of the facility or requirements for el~tion of architectural barriers for the handicapped, F. To include in the construction contract provisions for a Perfonnance and Pa}1nent Bond and other financial assurances as to the contractor's ability to comply with said contract pirovisions, pursuant to Section 255.05, Florida Statutes. G, To establish and maintain a proper accounting system in accordance with generalljy accepted accounting principles. H, To provide the DIVISION, through any authorized representative, access to the ~ite and access to and the right to'examine all records, books, papers, or other documents related to the BROJECT, 1. To notify the DIVISION of the date and time of fInal inspection in order to afford DMSION participation in such inspection for purpose of concurring in the fmal acceptance Qfthe building, J, To provide, without discrimination, free use of the library services to all residents bfthe area served, K. That it will not discriminate against any employee employed in the perfonnanc~ of this agreement, or against any applicant for employment because of race, creed, color, handicap, ~ationa1 origin, or sex, The GRANrEE 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 relftlations implementing the law, including Sections 553,501-553,513, Florida Statutes, relating to accesstbility by persons with disabilities, and the Americans with Disabilities Act of 1990, N. To the use of the building exclusively for the public library purposes for which k:onstructed or altered. A change in its use must be approved by the DNISION. 0, In the event that the GRANfEE expends a total amount of State awards (i.e., S~te financial assistance provided to the GRANTEE to cany out a State project) equal to or in excess ofI$300,OOO in any fIscal year of such GRANTEE, the GRANTEE must have a State single or project-,wecific audit for such fiscal year in accordance with Section 215,97, Florida Statutes; applicable rules ~fthe Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the !Auditor General. ill determining the State awards expended in its fiscal year, the GRANfEE shall Consider all sources of State awards, including State funds received from the DNISION, except that Stilte awards received by a nons tate entity for Federal program matching requiring shall be excluded from ~onsideration, 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 defined by Section 215.97(7)(f), Florida Statutes, and Chapter 10,600, Rules of the Auditor General. If the GRANTEE expends less than $300,000 in State awards in its fIscal year,! an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not requirep. In the event that the GRANTEE expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statut~, the cost of the audit must be paid from non-State funds (i.e" the cost of such an audit must be pai~ from recipient funds obtained from other than State entities), Page 2 of5 Revised 06/13/02 n, The DMSION agrees to: ~ A. Provide funds, in accordance with the terms of this agreement and to the extent tijat the appropriation for this project is released to the DIVISION for the PROJECT, Should the GRANTEE fail to expend the amount oflocal 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 Construction 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 inlspection, when feasible. m, The GRANTEE and the DMSION mutually agree that: A. This instrument embodies the whole agreement of the parties. There are no prov~sions, terms, conditions, or obligations other than those contained herein; and this agreement !/hall supersede all previous communication, representation, or agreement, either verbal or written bt:tween 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 cpnstrued, 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 conditiQns of this agreement. C. If any term or provision of the agreement is found to be illegal and unenforceabl~, the remainder of the agreement shall remain in full force and effect and such term of provision shall ~e deemed stricken. D, The DMSION shall demand the return of monies delivered and withhold subsequent payments if violations occur which disqualify the project from the grant under which they were provid~, ifmonies 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 remetiy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, qr any similar breach or default. F, This agreement shall be terminated by the DMSIONbecause offailure of the GRANTEE to fulfIll its obligations under this agreement in a timely and satisfactory manner unless the $RANTEE demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations ~y the GRANTEE shall be detennined by the DMSION based on the terms and conditions imposed on thel 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 tij.e 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 wiflnn the prescribed time period. For pwposes of this agreement, "good cause" is defined as circumstanc4s beyond the GRANTEE'S control. In the event of termination of this agreement, the GRANTEE will be c<jmpensated for any work satisfactorily completed prior to the notification oftennination. G. The DMSION shall cancel this Agreement in the event that the GRANTEE ret4ses to allow public access to all documents or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the GRANTEE. Page 3 ofS Revised 06/13/02 H. The State of Florida's perfonnance and obligation to pay under this agreement is cQntingent upon an anilUal appropriation by the legislature, In the event that the state funds on which this agrqement is dependent are withdrawn, this agreement is tenninated and the state has no further liability to thelGRANTEE, beyond that already incurred by the termination date. In the event of a state revenue shortfall, !pe 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 prealjdit and postaudit thereof. 1. Unless authorized by law and agreed to in writing by the DMSION, the DNISloN shall not be liable to pay attorney fees, interest or the cost of collection. K. The DMSION 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 itsiown acts, omissions to act or negligence to the DNISION, In addition, the GRANTEE hereby agrees to be Ilesponsible 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 subdiviston of the State, agrees to indemnify and hold the DIVISION harmless from and against any and all claims cjr 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 owh expense, M, The GRANTEE shall be responsible for all work performed and all expenses incup-ed in connection with the Project. The GRANTEE may subcontract as necessary to perform the setvices set forth in this agreement, including entering into subcontracts with vendors for services and conhnodities, PROVIDED THAT such subcontract has been approved by the DMSION prior ~ its execution, and PROVIDED THAT it is understood by the GRANTEE that the DMSION shall :qot 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 $Ider the subcontract. N, Neither the State nor any agency or subdivision of the State waives any defense df sovereign immunity, or increases the limits of its liability, upon entering into a contractual relationship. 0, The GRANTEE, its officers, agents and employees, in perfonnance of this agrfjement shall act in the capacity of an independent contractor and not as an officer, employee or agfjnt of the DMSION. GRANTEE is not entitled to accrue any benefits of state employment, inchiding J/etirement 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 lj>f the GRANTEE will be deemed to be an independent contractor and will not be considered or pen/nitted to be an agent, servantdoint venturer, or partner of the DMSION, p, The GRANTEE shall not assign, sublicense or otherwise transfer its rights, Iduties, or obligations under this agreement without prior written consent of the DMSION, which! consent shall not be unreasonably withheld, The agreement transferee must demonstrate cpmpliance with the requirements of the program. If the DNISION approves a transfer of the G~NTEE'S obligations, the GRANTEE remains responsible for all work performed and all expenses ihcurred in connection with the agreement. In the event the Legislature transfers the rights, duties, ~d obligations of the DNISION to another government entity pursuant to section 20.06, Florida $tatutes, or otherwise, the rights, duties, and obligations under this agreement shall also be transf~ed to the successor government entity as 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 DMSION, R. The term of this agreement will commence on the date of executiolJ of the agreement. Page 4 of5 Revised 06/13/02 PUBLIC LIBRARY CONSTRUCTION GRANts NOTIFICATION OF GRANT AWARD Fiscal Year 2002-2003 R03-0&l2. Recipient: City of Boynton Beach 208 S. Seacrest Blvd. Boynton Beach, FL 33435 Project Start Date: Upon execution of grant agreement PROJECT Boynton Beach City Library PROJECT # 03-PLC-09 CSFA # 45,020 aWARD $500,000 :RMS AND CONDITIONS: · The project may not begin before the grant agreement has been executed, · The final plans and specifications must be approved by the Division before thl> project is placed out on bid. · A contract for the construction must be awarded within 540 days from the datI> of the grant award, which is December 23, 2003, Barratt Wilkins State Librarian ~J.~ o ate. Florida Department of State, State Library of Florida R.A. Gray BUilding, Tallahassee, Rortda 32399-0250, (850) 245-6600, Sl.I,NCOM 205-6600 f{03-tJY ~ PROJECT NUMBER: 03-PLC-09 ~ FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES PUBLIC LIBRARY CONSTRUCTION GRANT AGREEMENT This AGREEMENT, executed and entered into A ? (': \ 3, ~~o3 , BETWEEN the State of Florida, Department of State, Division of Library and Information Services, hereinafter Referred to as the DIVISION, and the 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 the Boynton Beach City Library, 208 S. Seacrest Blvd" 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 DMSION, as administrator of state funds provided under Section 257.191, Florida Statutes, has approved an application for public library 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: 1. 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 engineer.ng or architectural supervisiorr 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 which 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 DIVISION 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; Page 1 of5 Revised 06/14/02 '. " 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 has no further liability to the GRANTEE, beyond that already incurred by the termination date, In the event of a state revenue shortfall, the grant will be reduced in accordance with Section 257.195, Florida Statutes, 1. Bills for fees and services must be maintained in detail sufficient for a proper preaudit and postaudit thereof. 1. Unless authorized by law and agreed to in writing by the DIVISION, the DIVISION shall not be liable to pay attorney fees, interest or the cost of collection, K, 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, L. 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, 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 THAT such subcontract has been approved by the DIVISION prior to its execution, and PROVIDED THAT it is understood by the GRANTEE that the DIVISION shall 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, 0, 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 state employment, inchiding 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 wrreasonably 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, 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 as 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 Revised 06/13/02 ~ Signature of Authorized Official ~ KURT BRESSNER CITY MANAGER BOYNTON BEACH. fL Typed Name and Title of Authorized Official '/2?JtJ-1a~~&~ itness /' nA-~ :1:, ~' Witness ~ ' - APPROVED AS to FORM: ~.. b-W~ CITY ATTORNEY '3(zP ~ 5 Revised 6/13/02 Page 5 of5 THED!jl ? ....... Division of Library Information Services Department of State, State of Florida Dave Mann Assistant Secretary of State UlW~ Witness ~~~ TH~ Signature of Authorized Official KURT BRESSNER CITY MANAGER BOYNTON BEACH. FL Typed Name and Title of Authorized Official /1?J/f~(!1~~&~ Itness ~ h,-~ :1:, ~. Witness C:s' . - APP~~~Gl- '3(zP~3 - CITY ATTORNEY Revised 6/13/02 Page 5 of 5 THED):rJl P' Division of Library Information Services Department of State, State of Florida ---.. Dave Mann Assistant Secretary of State caw~ Witness ~~~