HomeMy WebLinkAboutReso 99-132
RESOLUTION NO. 99- \ ~l...
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING
THE SUBMISSION OF A PUBLIC LIBRARY
CONSTRUCTION GRANT APPLICATION TO THE STATE
OF FLORIDA, DIVISION OF LIBRARY SERVICES;
PROVIDING FOR ASSURANCES BY THE CITY TO MATCH
THE GRANT REQUEST DOLLAR FOR DOLLAR;
PROVIDING ASSURANCES THAT FUNDING IS
SUFFICIENT TO COMPLETE THE PROJECT; PROVIDING
ASSURANCES THAT UPON COMPLETION OF THE
PROJECT SUFFICIENT FUNDS WILL BE AVAILABLE TO
OPERATE THE FACILITY AND THAT THE LIBRARY
PORTION OF THE BUILDING WILL BE USED
EXCLUSIVELY FOR PUBLIC LIBRARY PURPOSES AND IF
PROPOSED CHANGES IN USE SHOULD OCCUR WITHIN
20 YEARS, THE CITY WILL COORDINATE WITH THE
DIVISION OF LIBRARY SERVICES; AUTHORIZING THE
CITY MANAGER TO EXECUTE GRANT DOCUMENTS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the State of Florida, Division of Library Services, is authorized to make grants
for the construction of public library facilities; and
WHEREAS, the Grant application will impose certain obligations upon the City of Sunny
Isles Beach including the provisions of local matching funds; sufficient funds that will result in a
completed library building and sufficient funds to operate the facility thereafter and if changes in use
should occur within 20 years the City would seek approval from the Division of Library Services;
and
WHEREAS, it is required by the State of Florida, Division of Library Services, that in
connection with the filing of the application of the grant by the applicant, the City of Sunny Isles
Beach has given an assurance as to the availability of local matching funds that are unencumbered
at the time of grant award.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
1. The City Commission authorizes the submission of an application for a grant for the
construction of a public library facility to the State of Florida, Division of Library Services.
2. Assurance is given that the required match of a dollar for dollar of the grant request will be
available and unencumbered at the time of grant award.
3. The City Manager is hereby authorized to execute and file on behalf of the City of Sunny
Isles Beach an application for a grant with the State of Florida, Division of Library Services.
4. Assurance is given that funding is sufficient and will be available in order that the project
will result in a completed library building.
5. Assurance is given that upon completion of the project, sufficient funds will be available to
operate the facility.
6. Assurance is given that the library portion of the building will be used exclusively for the
public library purposes for which constructed; and assurance is given that within 20 years
of the completion of the construction project, proposed changes will be submitted to the
Division of Library for approval.
7. Assurance is given that the City of Sunny Isles Beach has unconditional use of the site and
building.
8. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 30th day of March, 19 9
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J .tt,9~~wn-~orilla, City Clerk
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'i" LE<JAL SUFFItIENCY
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Moved by: ~'MAl^ ~
Seconded by:' - \~ ~
Vote: S- 0
Mayor Samson
Vice Mayor Turetsky
Commissioner Iglesias
Co~ssioner Kauffman
Commissioner Morrow
V(Yes)
V (Yes)
V (Yes)
~Yes)
(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
I, RICHARD BROWN-MaRillA, City Clerk of the City of Sunny Isles Beach, Florida, do
hereby certify that the above and foregoing two pages are a true and correct copy of
City Resolution No. 99-132, the original document thereof being on file in this office.
WITNES~, my hand this~"'""day of Jku~ ,1999.
<".(~4~\UN~
. 'aichard Brown-Morilla
City Clerk of the City of Sunny Isles Beach, Florida
CERTIFICATION OF APPLICATION
I certify that this Library Construction Grant Application of the City of Sunny Isles
Beach is true and accurate to the best of my knowledge, that the applicant will
comply with the standards established pursuant to Section 257.15, F.S.; will furnish
such reports and information and follow such procedures as may be required by the
Department of State, Division of Library and Information Services; that all funds
received for the project will be expended solely for the purpose for which granted and
any such not so expended, including funds lost or diverted to other purposes, shall be
paid to the Department of State, Division of Library and Information Services; and
that the current annual appropriation for library service is
_$33.109.000.
(For Miami-Dade County)
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SIgnature
James DiPietro. City Manager
Printed Name & Title
March 30. 1999
Date
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Richard E. Brown-Morilla
Printed Name
March 30. 1999
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PROJECT NUMBER: 01-PLC-06
FLORIDA DEPARTMENT OF STATE
DIVISION OF LmRARY AND INFORMATION SERVICES
PUBLIC LIBRARY CONSTRUCTION
GRANT AGREEMENT
This AGREEMENT. execulcd and entered into .~X, /8 .200/.
BETWEEN the State of Florida, Department of State, Division of Library and Information Services, hereinafter
Referred to as the DMSION, and The City of Sunny Isles Beach, hereinafter referred to as the GRANTEE,
the PROJECT:
Sunny Isles Beach Branch Library
the GRANT AMOUNT:
$300,000
Unless there is a change of address, any notice required by this agreement sball be delivered to the Division of Library and
Information Services, 500 South Bronough Street, Tallahassee, Florida 32399-0250, for the State, and to The City of Sunny Isles
Beach, 17070 Collins A venue, Sunny Isles Beach, Florida 33160, 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, bas 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 h'brary,
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 Wlencumbered funds to be used for public hbrary 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. Award a Iump-swn construction contract within
270 days from the date of execution of this agreement.
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 Wlder this agreement solely for the pwposes 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 agreement to the DMSION for approval if they:
I. 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 of4
F. To include in the construction contract provisions for a Performance and Payment Bond and other financial
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 DMSION, through any authorized representative, access to the site and access to and the right to
examine all records, books, papers, or other documents related to the PROJECT.
I. To notify the DMSION of the date and time offinal inspection in order to afford DMSION participation in such
inspection for purpose ofconcwring in the final acceptance of the building.
J. To provide, without discrimination, free use of the horary 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 horary purposes for which cons1nlcted or altered. A change
in its use 11DJSt be approved by the DMSION.
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 $300,000 in any fiscal year of such
GRANTEE, the GRANTEE 11DJSt have a State single or project-specific audit for such fiscal year in accordance
with Section 216.3491, Florida Statutes; applicable rules of the Executive Office of the Governor and the
Comptroller, and Chapter 10.600, Rules of the Auditor General. In detennining the State awards expended in its
fiscal year, the GRANTEE shall consider all sources of State awards, including State funds received from the
DMSION, 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 216.3491(7), Florida Statutes. This includes submission of a
reporting package as defined by Section 216.3491(2)(d), 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 216.3491, Florida Statutes, is not required. 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 216.3491, Florida Statutes, the cost of the audit 11DJSt be paid from non-State funds
(i.e" the cost of such an audit 11DJSt be paid from recipient funds obtained from other than State entities).
n. The DMSION 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 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 Cons1nlction Guidelines and Application
packet, subject to any special conditions stipulated by the Office of the Comptroller, State of Florida.
Page 2 of4
C. Conduct a periodic check of the PROJECf, including participation in the final inspection, when feasible.
ill, The GRANTEE and the DMSION nmtually agree that:
A. 1bis instrument embodies the whole agreement of the parties. There are no provisions, terms, conditions, or
obligations other than those contained herein; and this agreement shall supersede all previous coIIDDUJJication,
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 roles of the State of Florida. Each party shall perform its
obligations hereunder in accordance with the tenns and conditions of this agreement.
C. If any term 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 term of provision shall be deemed stricken.
0, The DMSION shall demand the return of monies delivered and withhold subsequent payments ifviolatioDS 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 smrendered 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. 1bis agreement shall be terminated by the DMSION because of failure 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 its obligations. Satisfaction of obligations by the GRANfEE shall be detennined by the DMSION
based on the tenns 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 putposes of this agreement, "good cause" is defined as circumstances beyond
the GRANTEE'S control. In the event of termination of this agreement, the GRANTEE will be compensated for any
work satisfactorily completed prior to the notification of termination.
G, The DMSION shall cancel this Agreement in the event that the GRANTEE refuses 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.
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 GRANfEE, 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.
I. Bills for fees and services must be maintained in detail sufficient for a proper preaudit and postaudit thereof.
], Unless authorized by law and agreed to in writing by the DMSION, the DMSION 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 its own acts, omissions to act or negligence to the
DMSION, In addition, the GRANTEE hereby agrees to be responsible for any injury or property damage resulting
from any activities conducted by the GRANTEE.
Page 3 of4
L. The GRANTEE, other than a GRANTEE which is the State or agency or subdivision of the State, agrees to indemnify
and hold the DMSION hannless from and against any and all claims or demands for damages of any nature, including
but not limited to personal injwy, 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 coriDnodities, PROVIDED TIIAT such
subcontract has been approved by the DMSION prior to its execution, and PROVIDED TIIAT it is understood
by the GRANTEE that the DMSION 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.
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 DMSION. GRANTEE is not entided
to accrue any benefits of state 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 DMSION.
P. The GRANTEE shall not assign, sublicense or otherwise transfer its rights, duties, or obligations under this
agreement without prior written consent of the DMSION, which consent shall not be unreasonably withheld.
The agreement transferee must demonstrate compliance with the requirements of the program. If the
DMSION 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 DMSION 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 DMSION.
R. The term of this agreement will commence on the date of execution of the agreement.
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Signature Autb d Official
THE DMSION
B tt Wilkins, Director
. , ion of Library and Information Services
Department of State, State of Florida
CHRISTOPHER RUSSO, CITY MANAGER
Typed Name and Tide of Authorized Official
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Page 4 of 4
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C�rY OF SUN P100
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
(305) 947 -2150 Building Department
(305) 949-3 1 13 Fax
March 20, 2001
Mr. Robert Gorin
Library Program Specialist
State Library of Florida
Division of Library & Information'Srvs
R.A. Gray Building
500 South Bronough Street
Tallahassee, FL 32399 -0250
Dear Mr. Gorin:
City Commission
David Samson, Mayor
Lila Kauffman, Vice Mayor
Danny Iglesias, Commissioner
Connie Morrow, Commissioner
Irving Turetsky, Commissioner
Christopher J. Russo, City Manager
Lynn M. Dannheisser, City Attorney
Richard Brown - Morilla, City Clerk
Enclosed please find a certified copy of Resolution No. 99 -132 with four original copies of the
Grant Agreement for Public Library Construction (Project No. 01- PLC -06). After execution by
the State of Florida, please return two original copies to my attention.
As requested by City Manager Christopher J. Russo, we are also enclosing a certified copy of the
Agreement with James A. Cummings, Inc., Construction Manager for the City of Sunny Isles
Beach Government Center.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Richard Brown - Morilla
City Clerk
RBM :jah
Enclosures
c: City Manager Christopher J. Russo
City Attorney Lynn Dannheisser
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tiF �• FLORA 6�
C'TY OF SUN PLO
TO:
FROM:
DATE:
RE:
1
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
(305) 949 -3113 Fax
(305) 947 -2150 Building Department
(305) 947 -5107 Fax
MEMORANDUM
Richard Brown - Morilla, City Clerk
Cecille Hayles, Paralegal /Contract Administrator
Christopher J. Russo, City Manager
C(d-
April 25, 2001
SUNNY ISLES BEACH BRANCH LIBRARY AGREEMENT
City Commission
David Samson, Mayor
Lila Kauffman, Vice Mayor
Danny Iglesias, Commissioner
Connie Morrow, Commissioner
Irving Turetslry, Commissioner
Christopher J. Russo, City Manager
Lynn M. Dannheisser, City Attorney
Richard Brown - Morilla, City Clerk
We have received three (3) original, executed library agreements from the State, and attached is
an original for your file.
CJR/pw
cc: Jean Watson, Finance Director (w /original)
Library Agreement Original Transmittal In -House Memo
DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Office of International Relations
Division of Elections
Division of Corporations
Division of Cultural Affairs
Division of Historical Resources
Division of Library and Information Services
Division of Licensing
Division of Administrative Services FLORIDA DEPARTMENT OF STATE
Katherine Harris
Secretary of State
DIVISION OF LIBRARY AND INFORMATION SERVICES
MEMORANDUM
TO: Christopher J. Russo, City Manager
City of Sunny Isles Beach
FROM: Marian A. Deeney, Library Program Administrator
DATE: April 19, 2001
SUBJECT: Executed Project Agreement
Project #: 01- PLC -06
Project: Sunny Isles Beach Branch Library
MEMBER OF THE FLORIDA CABINET
State Board of Education
Trustees of the Internal Improvement Trust Fund
Administration Commission
Florida Land and Water Adjudicatory Commission
Siting Board
Division of Bond Finance
Department of Revenue
Department of Law Enforcement
Department of Highway Safety and Motor Vehicles
Department of Veterans' Affairs
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, (1) a lump -sum contract for the construction must be awarded within
270 days from the date of the execution of the grant agreement; and (2) the final plans
and specifications need to be approved by the Division before the project is advertised
or placed on the market for bidding.
• In addition, please include the project identification number in any future
correspondence with our office regarding this project.
If you have any questions or if I can be of further assistance, please feel free to contact
me at (850) 487 -2651.
MAD /mmn
Enclosure
O STATE LIBRARY OF FLORIDA
R.A. Gray Building Tallahassee, Florida 32399 -0250 • (850) 487 -2651
FAX: (850) 488 -2746 TDD: (850) 922 -4085 • http: / /www.dos.state.fl.us
LEGISLATIVE LIBRARY SERVICE O RECORDS MANAGEMENT SERVICES O FLORIDA STATE ARCHIVES
(850) 488 -2812 • FAX: (850) 488 -9879 (850) 487 -2180 • FAX: (850) 488 -1388 (850) 487 -2073 • FAX: (850) 488 -4894