R06-029
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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.
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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
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1 i, Services, which is attached hereto as Exhibit "An.
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Section 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this Jl day of January, 2006.
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ATTEST:
CITr OF BOYNTON BEACH, FLORIDA
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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
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Revised 06/29/05
Page 5 of 5
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David E. Mann
Assistant St:cretary of Start:
Department of State, State of Florida
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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.
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State Librarian
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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.
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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
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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
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Farace, Virginia
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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
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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