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 ~
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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
~~~