1k Library Accessibility GrantCITYOF
HANHASSEN
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MEMORANDUM
TO:
Scott Botcher, City Manager
FROM:
Sharmin Al-Jarl, Senior Planner
DATE:
December 7, 1999
SUB J:
Resolution Authorizing the Mayor and City Manager to Sign
Library Accessibility Capital Improvement Grant Contract as
Representatives of the City of Chanhassen
On March 8, 1999, the City approved Resolution No. 99-19, authorizing the
submittal of an application for a Public Library Accessibility Grant. The requested
funds will be used to modify three doors to automatic doors (the lower level main
entrance door, the door to the library, and the door leading to the lobby area in front
of the Council Chambers). The City also approved the authorization of a 50% local
matching funds. The total cost of modifying the three doors is $5,880. The City's
share of the cost is $2,940.
On June 30, 1999, staff received a letter explaining that the grant has been
tentatively approved. To finalize the process, the City needs to enter into an
agreement with the State of Minnesota (Attachment 2), and approve a resolution
authorizing the Mayor and City Manager to Sign the Grant Contract as
Representatives of the City of Chanhassen (Attachment 1).
Recommendation
Staff recommends the City Council approve the attached resolution.
AttacNnents
Resolution Authorizing the Mayor and City Manager to Sign Library
Accessibility Capital Improvement Grant Contract as Representatives of
the City of Chanhassen.
General Fund Library Accessibility Capital Improvement Grant Agreement.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE:
RESOLUTION NO:
MOTION BY:
SECONDED BY:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN
LIBRARY ACCESSIBILITY CAPITAL IMPROVEMENT GRANT CONTRACT AS
REPRESENTATIVES OF THE CITY' OF CHANHASSEN
wHEREAS, the City of Chanhassen has been appointed by the Carver County Library
Board, a Public Library Jurisdiction as its representative, and
WHEREAS, the Public Library Jurisdiction has been awarded a Library Accessibility
Capital Improvement Gant.
NOW, THEREFORE, BE IT RESOLVED THAT the Chanhassen City Council
hereby authorized the Mayor and City Manager to sign the agreement for the Library
Accessibility Capital Improvement Grant Contract as the representative of the Public Library
Jurisdiction.
Passed and adopted by the Chanhassen City Council this 13th day of December, 1999:
ATTEST:
Scott Botcher, City Clerk/Manager
Nancy K. Mancino, Mayor
YES NO ABSENT
g:\plan\sa\libr.resolution
Fund
Agency Orgn. Appr.
Rept. Catg. UFARS Code
Vendor
Number
TYPE OF TRANSACTION
Amount
Object
Requisition
Date Number Entered By
Purchase Order
Date Number Signature
(Individual signing certifies funds have been encumbered as
required by M.S. 16A.15)
GENERAL FUND
LIBRARY ACCESSIBILITY
CAPITAL IMPROVEMENT GRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Minnesota, acting
through its Commissioner of Children, Families and Learning (hereinafter "State Entity") and the
Public Library Jurisdiction, City of Chanhassen (hereinafter "the Public Library Jurisdiction").
WHEREAS, the parties are authorized to carry out the purposes of the Library
Accessibility Capital Improvement Grant Statute ("Library Accessibility Grant Statute" or
"LAG") Minn. Stat. §134.45; and
WHEREAS, the Public Library Jurisdiction has submitted an application under the LAG
Statute seeking a grant to assist the funding of its project as more specifically set out in its
application'; and
WHEREAS, the monies allocated to fund the grant to the Public Library Jurisdiction are
appropriated monies fi'om the State of Minnesota's general fund.
WHEREAS, the State Entity has accepted the Public Library Jurisdiction's application
and makes an award of LAG funds to the Public Library Jurisdiction as more fully set forth
herein:
NOW, TH:EREFORE, in consideration of the grant described herein, the parties hereto do
hereby agree as follows:
Article I
DEFINITIONS
Section 1.01 Defined Terms. As used in this Agreement, the following terms shall have
the meanings set out respectively after each (such meanings to be equally applicable to both the
singular and plural forms of the terms defined), unless the contents hereof specifically indicate
otherwise:
A. "Agreement" - means this Grant Agreement for the Project.
B. "Library Accessibility Grant Statute" or "LAG" - means the Library Accessibility Capital
Improvement Grant Statute, Minn. Stat. § 134.45 (1996).
C. "Declaration" - means a declaration in the form of Attachment A attached hereto,
indicating the Public Library jurisdiction's interest in the facility is subject to the
restrictions and provisions contained in this Agreement..
D. "Event of Default" - means those events delineated in Section 2.05 hereinbelow.
E. "Facility" - means the library building or site that is located on the real property in the
County of Carver State of Minnesota, legally described in Attachment B attached hereto
and incorporated herein by reference.
F. "Fair Market Value" - means (i) the price that would be paid by a willing and qualified
buyer to a willing and qualified seller as determined by an appraisal which assumes that
any and all mortgage liens or encumbrances on the property being sold, which negatively
effect the value of the Facility, will be released, or (ii) the price bid by a purchaser under a
public bid procedure after reasonable public notice, with the proviso that any and all
mortgage liens or encumbrances on the property being sold, which negatively effect the
value of the Facility, will be released at the time of acquisition by such purchaser.
G. "Finance Commissioner" - means the State of Minnesota acting through its
Commissioner of Finance, and any designated representatives thereof.
H. "Grant" - means a grant of monies from the State Entity to the Public Library Jurisdiction
in the amount indicated in section 2.01 hereinbelow for the purpose of completing the
Project.
I. "Lessee" - means the entity which the Public Library Jurisdiction contracts with under a
Use Contract.
J. "Plans and Specifications" - means the plans and specifications which delineate and
describe the remodeling and improvement construction work to be performed on the
Facility.
K. "Project" - means the removal of architectural bmTiers from the Facility, as described in
the Public Library Jurisdiction's application for a grant under the LAG Statute and the
Plans and Specifications. The application of the Public Library Jurisdiction for a grant
under the LAG Statute is incorporated as though fully set forth herein. The Public
Library Jurisdiction's plan and proposed budget are attached as Attachment D.
L. "Use Contract" - means a lease, management contract or other similar contract between
the Public Library Jurisdiction and any other entity, and which involves or relates to the
Facility.
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Article II
GRANT
Section 2.01 Grant Amount. The State Entity hereby agrees to pay the Public Library
Jurisdiction, subject to the terms and conditions of this agreement, a grant in the amount of
two thousand nine hundred forty Dollars ($2,940). The parties hereto do agree and acknowledge
that the Grant is not intended to be a loan of monies in any form or manner.
Section 2.02 Use of Grant Proceeds. The Public Library Jurisdiction shall use the grant
funds only for costs of the Project.
Section 2.03 Operation of the Facility. The Public Library Jurisdiction shall operate
the Facility, or cause it to be operated, as a public library building or site, or for such other use as
the legislatm'e may fi'om time to time designate, and may enter into Agreements with other
entities to so operate the Facility; provided that such Agreements have been approved, in writing,
by the State Entity. The Public Library Jurisdiction shall also annually determine that the Facility
is being so used, and shall supply a statement, sworn to before a notary public, to such effect to
both the State Entity and the Finance Commissioner.
Section 2.04 Public Library Jurisdiction Representations and Warranties. The
Public Library Jurisdiction further covenants with, and represents and warrants to the State Entity
as follows:
A. It has legal authority to enter into, execute, and delia, er this Agreement and the
Declaration, and it has taken all actions necessary and incident to its execution and
delivery of such documents.
B. This Agreement, the Declaration, and any and all other documents referred to herein are
the legal, valid and binding obligations of the Public Library Jurisdiction enforceable
against the Public Library Jurisdiction in accordance with their respective terms.
C. It will comply with all of the terms, conditions, provisions, covenants, requirements,
and/or warranties contained in this Agreement and the Declaration.
D. It has made no material false statement, or misstatement of fact, in connection with its
receipt of the Grant, and all of the information previously submitted to the State Entity, or
to be submitted to the State Entity in the future, relating to the Grant or the disbursement
of any of the proceeds of the Grant, is and will be true and correct.
E. It is not in violation of any provisions of its charter, or of the laws of the State of
Minnesota, and there are no actions, suits, or proceedings pending, or to its knowledge
threatened, before or by any judicial body or governmental authority, against or effecting
it relating to the Facility, and it is not in default with respect to any order, writ, injunction,
decree, or demand of any court or any governmental authority which would impair its
ability to enter into this Agreement and the Declaration, or to perform any of the acts
required of it in this Agreement and the Declaration.
Neither the execution and delivery of this Agreement or the Declaration, nor compliance
with any of the terms, conditions, requirements, or provisions contained herein, is
prevented by, is a breach of, or will result in a breach of, any term, condition, or provision
of any agreement or document to which it is now a party, or by which it is bound.
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The Facility will be remodeled or improved in such a manner as will allow the Facility to
be operated in the manner specified in Section 2.03 hereinabove.
The Facility and the contemplated use thereof will not violate any applicable zoning or
use statute, ordinance, building code, rule or regulation, or any covenant or agreement of
record, relating to the Facility.
The Project was, or will be, performed and completed in compliance with all applicable
laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local
political subdivisions having jurisdiction over the Facility.
All applicable licenses, permits and bonds required for the performance and completion
of the Project will be obtained.
It will operate, maintain, and manage the Facility in compliance with, all applicable laws,
statutes, rules, ordinances, and regulations issued by any federal, state, or local political
subdivisions having jurisdiction over the Facility.
It holds fee simple title to the real property upon which the Facility is situated, and any
and all easements necessary for the operation, maintenance and management of the
Facility in the manner specified in Section 2.03 hereinabove.
It will fully enforce the terms and conditions contained in any Use Contracts to which it is
a party.
It will fully comply with the matching funds requirement, if any, contained in Sections
5.19 and 5.22 hereinbelow.
It has complied with the prerequisites for an award of a grant and to receive the proceeds
of a grant for removing architectural ban'iers under the LAG Statute, including
compliance with Minn. Stat. § 134.45 in effect as of the date of this Agreement.
It will use the proceeds of any condemnation of the Facility in accordance with the
provisions contained in Section 5.01 hereinbelow.
It shall furnish such satisfactory evidence regarding the representations and wan'anties
described herein as may be required and requested in writing by either the State Entity or
the Finance Commissioner.
With respect to any program which will be operated in the Facility, (i) it has the ability
and a plan to fund the program which will be operated in the Facility, (ii)has
demonstrated such ability and supplied such plan to the State Entity prior to the execution
of this Agreement, and (iii) it will not enter into a Use Contract with a Lessee unless such
Lessee has demonstrated to the State Entity that it has the ability and a plan to fund the
program which Lessee intends on operating in the Facility.
Section 2.05 Event(s) of Default. Any of the following shall, upon either the State
Entity or the Finance Commissioner giving the Public Library Jurisdiction thirty (30) days notice
thereof, and the Public Library Jurisdiction's failure to cure during such time period, constitute an
Event of Default under this Agreement:
A. If the Public Library Jurisdiction fails to complete the Project in accordance with the
Plans and Specifications, or fails to cause the Project to be so completed.
B. If the Public Library Jurisdiction fails to fully and completely pay for the completion of
the Project in accordance with the Plans and Specifications.
C. If, without the written consent of the State Entity, any part of the Facility ceases to be
used as a library building or site.
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K.
L.
furnish
If the Public Library Jurisdiction sells, transfers, leases, encumbers, or otherwise conveys,
in any way or manner, whether voluntary, involuntary, or by action of law, all or any part
of its interest in the Facility, in violation of the requirements contained in Section 3.02
and without first notifying, in writing, both the State Entity and the Finance
Commissioner thirty (30) days prior to such action.
If, without the written waiver of the State Entity, the Public Library Jurisdiction fails to
annually determine that the Facility is being used as a library building or site as is
required under Section 2.03 hereinabove.
If, without the written waiver of the State Entity, the Public Library Jurisdiction fails to
annually supply the statement required under Section 2.03 hereinabove to the both the
State Entity and the Finance Commissioner.
If, without the written waiver of the State Entity, the Public Library Jurisdiction fails to
use the proceeds of any condemnation of the Facility in accordance with the provisions
contained in Section 5.02 hereinbelow, or fails to cause such condemnation proceeds to
be so used.
If the Public Library Jurisdiction, upon request, refuses to allow the State Entity, auditors
for the State Entity, the Legislative Auditor for State of Minnesota, or the State Auditor
for the State of Minnesota to inspect, audit, copy, or abstract, any and all of the Public
Library Jurisdiction's books, records, papers, or other documents relevant to the Grant, or
the Facility.
If the Public Library Jurisdiction refuses to allow the State Entity, after ten (10) days prior
written notice, to inspect the Facility.
If, without the written waiver of the State Entity, the Public Library Jurisdiction fails to
fully enforce any term or provision contained in a Use Contract to which it is a party.
If the Public Library Jurisdiction fails to fully comply with the matching funds
requirements, if any, contained in Sections 5.19 and 5.22 hereinbelow.
If any representation, covenant, or warranty made by the Public Library Jurisdiction
hereunder shall prove to have been untrue in any material respect, or materially
misleading as of the time such representation, covenant, or warranty was made.
If, without the written consent or waiver of the State Entity, the Public Library
Jurisdiction fails to fully comply with any provision, term, condition, covenant or
wan'anty contained in this Agreement or the Declaration.
Section 2.06 Remedies. Upon the occurrence of an Event of Default the State Entity or
the Finance Commissioner may exert any or all of the following remedies:
The State Entity may refrain from disbursing the proceeds of the Grant.
The Finance Commissioner, as a third party beneficiary of this Agreement, may demand
that all of the proceeds of the Grant already disbursed to the Public Library Jurisdiction
be returned to it, and upon such demand the Public Library Jurisdiction shall return such
proceeds to the Finance Commissioner.
Both the State Entity and the Finance Commissioner, as a third party beneficiary of this
Agreement, may exert any additional remedies they may have in law or equity.
Section 2.07 Notification of Event of Default. The Public Library Jurisdiction .shall
to both the State Entity and the Finance Commissioner, as soon as possible and in any
5
event within seven (7) days after it has obtained knowledge of the occurrence of each Event of
Default, or each event which with the giving of notice or lapse of time or both would constitute
an Event of Default, a statement setting forth details of each Event of Default, or event which
with the giving of notice or upon the lapse of time or both would constitute an Event of Default,
and the action which the Public Library Jurisdiction proposes to take with respect thereto.
Section 2.08 Termination of Grant and Grant Agreement. If the proceeds of the
Grant are not fully disbursed in accordance with the provisions contained in Article IV
hereinbelow on or before the first day of May, 2001, or such later date as the Public Library
Jurisdiction and the State Entity may agree to in writing, then; (i) the State Entity's obligation to
disburse any remaining portion of the Grant shall terminate, and (ii) if none of the Grant has been
disbursed then this Agreement shall terminate and no longer be of any force or effect.
This Agreement shall also terminate and no longer be of any force or effect upon the sale
of the Facility in accordance with the provisions contained in Section 3.02 hereinbelow, and
transmittal of all or a portion of the proceeds of such sale to the Finance Commissioner in
compliance with the provisions contained in Section 3.03 hereinbelow.
Section 2.09 Effect of Event of Default. If an Event of Default occurs and the Public
Library Jurisdiction is required to and does retm-n the amount specified in Section 2.06.B
hereinabove to the Finance Commissioner, then the following shall occur:
A. The provisions, covenants, representations and/or warranties contained in Sections 2.03,
2.04.G through 2.04.N, 2.05.A through 2.05.C, 2.05.E, 2.05.F, 2.05.K, 2.05.L, 2.05.N,
2.06.B, 3.01, 3.02A, 4.01, 4.02, 5.06 through 5.08, 5.19 and 5.22 herein shall terminate
and no longer be of any force or effect; provided that all other Sections and provisions
contained in this Agreement shall survive and remain in full force and effect.
B. The amount returned by the Public Library Jurisdiction shall be credited against any
amount which shall be due to the Finance Commissioner under Section 3.03 hereinbelow,
and against any amount that becomes due and payable because of any other Event of
Del:ault.
Section 2.10 Date of Grant Award. The date of the award of the grant shall be the date
when the execution page ol' this Agreement has been signed by each person or entity listed on the
execution page, including the signature required for approval as to form and execution, and when
the funds for the Grant have been encumbered by the State.
Article III
COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION
AND THE COMMISSIONER'S ORDER
Section 3.01 Use Contracts. Each and every Use Contract which the Public Library
Jm'isdiction enters into must comply with the following requirements:
A. It must contain a provision delineating the statutory authority under which the Public
Library Jurisdiction is entering into and executing the Use Contract, and must comply
with the substantive and procedural provisions of such statute.
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It must contain a provision stating that the Use Contract is being executed and entered
into in order to carry out a specific governmental purpose, and must delineate such
governmental purpose.
It must be for a term, including any renewals that are solely at the option of the lessee,
that is substantially less than the useful life of the Facility, but may allow for renewals
beyond the original term upon a determination by the Public Library Jurisdiction that the
use continues to carry out a specific governmental purpose, and must delineate such
governmental purpose. A term which is equal to or shorter than fifty percent (50%) of the
useful life of the Facility will meet the requirement that it be for a time period which is
substantially shorter than the useful life of the Facility.
It must contain a provision which will provide for oversight by the Public Library
Jurisdiction. Such oversight may be accomplished by way of a provision that will require
the other party to the Use Contract to provide to the Public Library Jurisdiction; (i) an
initial program evaluation report, and (ii)a program budget, at least annually, showing
forecast program revenues and expenses for the next fiscal year.
It must allow for termination by the Public Library Jurisdiction in the event of a default
thereunder by the Lessee, or in the event that the governmental purpose delineated in the
Use Contract is terminated or changed.
It must require the lessee to pay all costs of operation and maintenance of the Facility,
unless the Public Library Jurisdiction is authorized by law to pay such costs and agrees to
pay such costs.
Section 3.02 Sale of Facility. The Public Library Jurisdiction may not, and shall not,
sell the Facility unless all of the following provisions have been fully complied with:
A. The Public Library Jurisdiction determines, by official action, that it is no longer usable
or needed as a library building or site,
B. The sale is made as authorized by law.
C. The sale is for Fair Market Value.
D. The written notice of such proposed sale has been supplied to both the State Entity and
the Finance Commissioner at least thirty (30) days prior thereto.
The acquisition of the Facility at a foreclosure sale, acceptance of a deed-in-lieu of
foreclosure for the Facility, and/or enforcement of a security interest in personal property used in
the operation of the Facility, by a lender that has provided monies for the acquisition or
betterment of the Facility shall not be considered a sale of the Facility for the purposes of this
Agreement if after its acquisition of the Facility such lender operates the Facility in a manner
which is not inconsistent with the governmental program specified in Section 2.03 hereinabove
and such lender uses its best efforts to sell the Facility to a third party for Fair Market Value. The
ultimate sale and/or disposition of the Facility by the lender shall be deemed to be a sale of the
Facility for the purposes of this Agreement, and the prOceeds thereof shall be disbursed in
accordance with the provisions contained in Section 3.03 hereinbelow.
Section 3.03 Proceeds of a Sale. Upon the sale of the Facility the net proceeds thereof
shall be disbursed in the following manner and order:
A. The first distribution from such net proceeds shall be to the Finance Commissioner in an
amount equal to the amount of the Grant, and if the amount of such net proceeds shall be
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less than the amount of the Grant then all of such net proceeds shall be distributed to the
Finance Commissioner.
The remaining portion of such net proceeds, after the distribution specified in
Section 3.03~A hereinabove, shall be distributed to pay in full any outstanding public or
private debt incurred to acquire or better the Facility.
The remaining portion of such net proceeds, after the distributions specified in
Sections 3.03.A & B hereinabove, shall be divided and distributed in proportion to the
shares contributed to the acquisition or betterment of the Facilities by public and private
entities, including the State Entity but not including any private entity that has been paid
in full, that supplied funds in either real monies or like kind contributions for such
acquisition and betterment, and the State Entity's distribution shall be made to the
Finance Commissioner. Such public and private entities may agree amongst themselves
as to any redistribution of such distributed funds. The Public Library Jurisdiction shall
not be required to pay or reimburse the State Entity for any funds above and beyond the
full net proceeds of such sale, even if such net proceeds are less than the amount of the
Grant.
Article IV
DISBURSEMENT OF GRANT PROCEEDS
Section 4.01 Disbursement of Grant. Upon compliance with the conditions delineated
in Section 4.02 hereinbelow, the State Entity shall disburse the entire proceeds of the Grant to the
Public Library Jurisdiction.
Section 4.02 Condition Precedent to Disbursement of Grant. The obligation of the
State Entity to disburse the proceeds of the Grant to the Public Library Jurisdiction is subject to
the condition precedent that the State Entity shall have received the following on or before the
date of such disbursement:
A, The Declaration duly executed by the Public Library Jurisdiction.
B. A draw requisition, duly executed on behalf of the Public Library Jurisdiction;
(i) describing, in detail, what the proceeds of the Grant will be used to pay for (i.e.,
removing architectural barriers from a library building or site), and (ii)containing a
certification that the value of such work or activity is equal to or greater than the amount
of the proceeds of the Grant.
C. If the Facility was improved, renovated, rehabilitated or newly constructed, then evidence
that; (i) such improvement, renovation, rehabilitation, or new construction was performed
in a manner that will allow for the Facility to be operated in the manner specified in
Section 2.03 hereinabove, and (ii) all required building permits and other permits for such
improvement, renovation, rehabilitation or new construction were obtained.
D. A "Certificate of Occupancy" from the applicable local municipality, or such other type or
form of certificate as is customarily issued by such municipality, indicating that the
Facility may be occupied, used and operated in the manner specified in Section 2.03
hereinabove.
E. Evidence that the Facility and the contemplated use thereof are permitted by and comply
with all applicable use or other restrictions and requirements imposed by applicable
G.
H.
I.
zoning ordinances or regulations, and have been duly approved by the applicable
municipal or governmental authorities having jurisdiction.
Evidence that the applicable licenses, permits, and bonds required for the performance
and completion of the Project have been obtained.
Evidence that the Public Library Jurisdiction has fee simple title to the real property upon
which the Facility is situated.
Evidence that the Public Library Jurisdiction has the ability and a plan to fund the
program which will be operated in the Facility
Evidence that the Public Library Jurisdiction has fully complied with the matching funds
requirements, if any, contained in Sections 5.19 and 5.22 hereinbelow.
Article V
MISCELLANEOUS
Section 5.01 Condemnation. If all or any portion of the Facility is condemned, then the
Public Library Jurisdiction shall, at its sole option and discretion, either (i) use the condemnation
proceeds, or cause the condemnation proceeds to be used, to fully or partially restore the Facility
and to provide, or cause to be provided, whatever additional funds which may be needed to fully
or partially restore the Facility, or (ii) sell the remaining portion of the Facility in accordance
with the provisions contained in Section 3.02 hereinabove. If the Public Library Jurisdiction
elects to only partially restore the Facility, then the portion of the condemnation proceeds which
are not used for such restoration shall be applied in accordance with the provisions contained in
Section 3.03 hereinabove as if the Facility had been sold, and such amounts shall be credited
against the amounts due and owing under Section 3.03 upon the ultimate sale of the Facility. If
the Public Library Jurisdiction elects to sell the remaining portion of the Facility, then such sale
must occur within a reasonable time period from the date the condemnation occurred and the
cumulative sum of the condemnation proceeds plus the proceeds of such sale must be applied in
accordance with the provisions contained in Section 3.03 hereinabove, with the condemnation
proceeds being so applied within a reasonable time period from the date they are received by the
Public Library Jurisdiction.
Section 5.02 Records Keeping and Reporting. The Public Library Jurisdiction shall
maintain, or cause to be maintained, books, records, documents and other evidence pertaining to
the costs or expenses associated with the completion of the Project and operation of the Facility,
and compliance with the requirements contained in this Agreement, the Declaration, the G.O.
Compliance Legislation, and the Commissioner's Order, and upon request shall allow, or cause
the entity which is maintaining such items to allow, the State Entity, auditors for the State Entity,
the Legislative Auditor for the State of Minnesota, or the State Auditor for the State of
Minnesota, to inspect, audit, copy, or abstract, any and all of its books, records, papers, or other
documents relevant to the Grant. The Public Library Jurisdiction shall use, or cause the entity
which is maintaining such books and records to use, generally accepted accounting principles in
the maintenance of such books and records, and shall retain, or cause to be retained, all of such
books, records, documents and other evidence for a period of five (5) years from the date that the
Facility is fully completed and placed into operation.
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Section 5.03 Inspection of Facility - General. The Public Library Jurisdiction shall,
upon request, allow, and will require any entity to whom it leases any portion of the Facility to
allow, the State Entity to inspect the Facility.
Section 5.04 Data Practices. The Public Library Jurisdiction agrees, with respect to any
data which it possesses regarding the Grant, the Project, or the Facility, to comply with all of the
provisions and restrictions contained in the Minnesota Government Data Practices Act contained
in Chapter 13 of the Minnesota Statutes, as such may be amended, modified or replaced. The
Public Library Jurisdiction further agrees to indemnify, save, and hold the State Entity, the
Finance Commissioner, and the State of Minnesota, their agents and employees, harmless from
all claims arising out of, resulting from, or in any manner attributable to any violation of any
provision of the Minnesota Government Data Practices Act, including legal fees and
disbursements paid or incun'ed to enforce the provisions contained in this Section.
Section 5.05 Non-Discrimination. The Public Library Jurisdiction agrees to not engage
in discriminatory employment practices in the completion of the Project, or operation and/or
management of the Facility, and it shall, with respect to such activities, fully comply with all of
the provisions contained in Minn. Stat. § § 363.03 & 181.59 (1996), as such may be amended,
modified or replaced.
Section 5.06 Worker's Compensation. The Public Library Jurisdiction agrees to fully
comply with all of the provisions relating to worker's compensation contained in Minn. Stat.
§ § 176.181, Subd. 1 & 176.182 (1996), as such may be amended, modified or replaced, with
respect to the Project.
Section 5.07 Antitrust Claims. The Public Library Jurisdiction hereby assigns to the
State Entity any and all claims it may have for overcharges as to goods and/or services provided
in its completion of the Project, and operation and/or management of the Facility, which arise
under the antitrust laws of the State of Minnesota or of the United States of America.
Section 5.08 Prevailing Wages. The Public Library Jurisdiction agrees to fully comply
with all of the provisions contained in Chapter 177 of the Minnesota Statutes, and specifically
those relating to payment of prevailing wages contained in Minn. Stat. § § 177.41-177.43 (1996),
as such may be amended, modified or replaced, with respect to the completion of the project.
Section 5.9 Liability. The Public Library Jurisdiction and the State Entity do both agree
that they will be responsible for their own acts and the results thereof to the extent authorized by
law, and they shall not be responsible for the acts of the other party and the results thereof. The
Public Library Jurisdiction acknowledges and agrees that the liability of the both the State Entity
and the Finance Commissioner is governed by the provisions contained in Minn. Stat. § 3.736
(1996), as such may be amended, modified or replaced.
Section 5.10 Relationship of the Parties. Nothing contained in this Agreement is
intended or should be construed in any manner as creating or establishing the relationship of
co-partners or a joint venture between the Public Library Jurisdiction, the State Entity, or the
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Finance Commissioner, nor shall the Public Library Jurisdiction be considered or deemed to be
an agent, representative, or employee of either the State Entity, the Finance Commissioner, or the
State of Minnesota in the performance of this Agreement, the completion of the Project, or
operation of the Facility.
The Public Library Jurisdiction represents that it has already secured, or will secure or
cause to be secured, all personnel and/or persons required for the performance of this Agreement
and the completion of the Project. Any and all personnel of the Public Library Jurisdiction, or
other persons, while engaging in the performance of this Agreement, the completion of the
Project, or the operation and/or maintenance of the Facility, shall not have any contractual
relationship with either the State Entity, the Finance Commissioner, or the State of Minnesota,
and shall not be considered employees of any such entities. In addition, any and all claims that
may or might arise on behalf of said personnel or other persons while so engaged arising out of
employment, or alleged employment, including, but not limited to, claims under the Workers'
Compensation Act of the State of Minnesota, claims of discrimination against the Public Library
Jurisdiction, its officers, agents, contractors, or employees shall in no way be the responsibility of
either the State Entity, the Finance Commissioner, or the State of Minnesota. Such personnel or
other persons shall not require nor be entitled to any compensation, rights or benefits of any kind
whatsoever fi'om either the State Entity, the Finance Commissioner, or the State of Minnesota,
including, but not limited to, tenure rights, medical and hoSpital care, sick and vacation leave,
Workers' Compensation, Unemployment Compensation, disabihty benefits, severance pay and
retirement benefits.
Section 5.11 Notices. In addition to any notice required under applicable law to be given
in another manner, any notices required hereunder must be in writing, and shall be sufficient if
personally served or sent by prepaid, registered, or certified mail (return receipt requested), to the
business address of the party to whom it is directed. Such business address shall be that address
specified hereinbelow, or such different address as may hereafter be specified, by either party by
written notice to the other:
To the Public Library Jurisdiction at:
Name: Ci~'q O~
Title:
Address:
Phone:
11
To thc State Entity at:
Name:
Title:
Address:
Phone:
Joyce C. Swonger
Director, Office of Library Development & Services
1500 Highway 36 West
Roseville, MN 55113-4266
(651) 582-8722
To the Finance Commissioner at:
Minnesota Department of Finance
400 Centennial Office Building
658 Cedar Street
St. Paul, MN 55155
Attention: Commissioner of Finance
Section 5~12 Assignment or Modification. This Agreement and the Declaration shall
be binding upon and inure to the benefit of the Public Library Jurisdiction and the State Entity,
and their respective successors and assigns. Provided, however, that neither the Public Library
Jurisdiction not' the State Entity may assign any of its rights or obligations under this Agreement
or the Declaration without the prior written consent of the other party. No change or
modification of the terms or provisions of this Agreement or Declaration shall be binding on
either the Public Library Jurisdiction or the State Entity unless such change or modification is in
writing and signed by an authorized official of the party against which such change or
modification is to be imposed.
Section 5.13 Waiver. Neither the failure by the Public Library Jurisdiction, the State
Entity, or the Finance Commissioner, as a third party beneficiary of this Agreement, in any one or
more instances, to insist upon the complete and total observance or performance of any term or
provision hereof, nor the failure of the Public Library Jurisdiction, the State Entity, or the
Finance Commissioner, as a third party beneficiary of this Agreement, to exercise any right,
privilege, or remedy conferred hereunder, or afforded by law, shall be construed as waiving any
breach of such term, provision, or the right to exercise such right, privilege, or remedy thereafter.
In addition, no delay on the part of either the Public Library Jurisdiction, the State Entity, or the
Finance Commissioner, as a third party beneficiary of this Agreement, in exercising any fight or
remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any
right or remedy preclude other or further exercise thereof, or the exercise of any other right or
remedy.
Section 5.14 Entire Agreement. This Agreement and the Declaration embody the entire
agreement between the Public Library Jurisdiction and the State Entity, and there are no other
agreements, either oral or written, between the Public Library Jurisdiction and the State Entity on
the subject matter hereof.
12
Section 5.15 Choice of Law. All matters, whether sounding in tort or in contract,
relating to the validity, construction, performance, or enforcement of this Agreement or the
Declaration shall be controlled by and determined in accordance with the laws of the State of
Minnesota. The Public Library Jurisdiction agrees and consents that all legal actions initiated
with respect to or arising from any provision contained in this Agreement shall be initiated, filed
and venued in the State of Minnesota District Court located in the City of St. Paul, County of
Ramsey, State of Minnesota.
Section 5.16 Severability. If any term or provision of this Agreement is finally judged
by any court to be invalid, the remaining terms and provisions shall remain in full force and
effect, and they shall be interpreted, performed, and enforced as if said invalid provision did not
appear herein.
Section 5.17 Time of Essence. Time is of the essence with respect to all of the matters
contained in this Agreement.
Section 5.18 Counterparts. This Agreement may be executed in any number of
counterparts, each of which, when so executed and delivered, shall be an original, but such
counterparts shall together constitute one and the same instrument.
Section 5.19 Matching Funds. The Public Library Jurisdiction must obtain and supply
the following matching funds, if any, for the completion of the Project: Subject to Section 5.22
hereinbelow, any and all matching funds which are intended to meet the above-delineated
requirements must either be in the form of (i) cash monies, (ii) legally binding commitments for
monies, or (iii) equivalent funds or contributions which have been, or will be, used to complete
and/or pay for the Project.
Section 5.20 Third-Party Beneficiary. The Public Library Jurisdiction and the State
Entity agree that the public program to be operated in conjunction with the Facility will benefit
the State of Minnesota, and the provisions and requirements contained herein are for the benefit
of both the State Entity and the State of Minnesota. Therefore, such entities acknowledge and
agree that the State of Minnesota, by and through its Commissioner of Finance, is and shall be a
third-party beneficiary of this Agreement.
Section 5.21 Additional Requirements. The Public Library Jurisdiction and the State
Entity agree to comply with the following additional requirements:
A. Not later than thirty (30) days after the first expenditure of any Grant funds by the Public
Library Jurisdiction or as soon thereafter as practical, the Public Library Jurisdiction shall
cause to be recorded in the official real estate records maintained by the county recorder
for the county or counties in which the properties, on which the Facility is constructed or
is to be constructed, is located, a declaration or other appropriate instrument in the form
or substantially the same form attached hereto as Attachment A for each such property.
The fee title to, lease of or easement on the real property and all structures situated
thereon shall remain subject to the terms, conditions, provisions, requirements and
limitations contained in such grant agreement until such restrictions have either been fully
13
complied with or released as evidenced by a written release which is executed by the
Minnesota Commissioner of Finance and is recorded in the real estate records relating to
the real property.
Section 5.22 Additional LAG Statute Requirements.
In accordance with Minn. Stat. § 134.45 and Minn. Laws 1996, ch. 463, § 4, subd. 5, as
any of such may subsequently be amended, modified or replaced:
1. Funds from the Grant may only be used by the Public Library Jurisdiction to
remove architectural ban'iers from a library building or site;
2. The amount of the Grant shall not exceed either, and the Public Library
Jurisdiction shall not be entitled to more than: (a) fifty percent (50%) of the
approved costs of removing architectural barriers as described in the Project; or
(b) One Hundred Fifty Thousand Dollars ($150,000) in any fiscal year, whichever
is less;
3. The Public Library Jurisdiction shall provide matching funds in an amount equal
to the amount of the Grant from nonstate sources. Such match shall be dollar-for-
dollar and not matched by in-kind contributions.
Funds from the Grant may only be used by the Public Library Jurisdiction for a
Project in an existing building used as a library or to prepare an existing building
for use as a library. Funds from the Grant cannot be used to pay any part of the
cost of meeting accessibility requirements in a new building.
The Public Library Jurisdiction shall provide the State Entity with the Project
budget and, in addition to the information required in this Agreement, any other
information which the State Entity requests.
o
14
IN TESTIMONY HEREOF, the Public Library Jurisdiction and the State Entity have
executed this Grant Agreement on the day and date indicated immediately below their respective
signatures.
APPROVED:
As to form and execution by the:
CITY OF CHANHASSEN
PUBLIC L~"RARY>JURIS ~ICTION
By:
Attorney General
By:
Title:
Date:
And
By:
Title:
Date:
STATE OF MINNESOTA
COMMISSIONER OF CHILDREN, FAMILIES
& LEARNING
By:
Title:
Date:
15
Attachment A
DECLARATION
The undersigned has the following interest in the real property (the "Real Property") legally
described in Attachment B, which is attached hereto and made a part hereof,
(Check the appropriate box.)
a simple
fee
title,
~ alease, or
[~ An easement,
and as owner of such fee title, lease or easement, does hereby declare that the ownership and
operation of the Real Property and all structures situated thereon are subject to the terms,
conditions, provisions, requirements and limitations contained in that certain "General Fund
Library Accessibility Capital Improvement Agreement for Chanhassen Branch Capital
hnprovement Project", to which the undersigned is a party and which has an effective date of the
day of __ , 1999.
The fee title to, lease of, or easement on the Real Property and all structures situated
thereon, shall remain subject to the terms, conditions, provisions, requirements and limitations
contained in such grant agreement until such restrictions have either been fully complied with or
released as evidenced by a written release which is executed by the Minnesota Commissioner of
Finance and is recorded in the real estate records relating to the Real Property.
(SIGNATURE BLOCK AND ACKNOWLEDGMENT)
This Declaration was drafted by:
(Name and address of individual
that drafted the Declaration.)
16
Attachment B
LEGAL DESCRIPTION
The following described property located in Carver County, Minnesota
Lot 2, Block 1, Schneider Park
17
Attachment C is a Certified copy of the Public Library Jurisdiction's Resolution Approving this
Agreement; Sample Public Library Jurisdiction Resolution:
Member
offered the following resolution and moved its adoption:
RESOLUTION AUTHORIZING
LIBRARY ACCESSIBILITY CAPITAL
REPRESENTATIVE OF
TO SIGN
IMPROVEMENT GRANT CONTRACT AS
WHEREAS
Public Library Jurisdiction as its
has been appointed by the Board of
, and
., a
WHEREAS the Public Library Jurisdiction has been awarded a Library Accessibility
Capital Improvement Grant.
THEREFORE, we authorize the to sign the
agreelnent for the Library Accessibility Capital Improvement Grant Contract as the representative
of thc Public Library Jurisdiction.
The motion for adoption of the foregoing resolution was duly seconded by Member
., and upon vote being taken thereon, the following voted in favor thereof:
; the following
voted against the same:
whereupon said resolution was declared duly passed and adopted.
Authorized Signature
18
CERTIFICATION
I, , do hereby certify that I am the
of the Public Library Jurisdiction, and that the foregoing is a true,
complete, and correct copy of a resolution adopted at a meeting of the Board duly and properly
called and held on the __ day of
,1999, that a quorum was present at said meeting, that a majority
of those present voted for the resolution and that resolution is set forth in the minutes of said
meeting and has not been rescinded or modified.
IN WITNESS WHEREOF, I have hereunder subscribed my name this day of
., 1999.
of the Public Library Jurisdiction
Attest by One Board Member
19
Attachment D
(This is a Plan, submitted by the Public Library Jurisdiction which details its plan of action,
timelines, and estimated cost to remove ban'iers.)
AG:225721. v I
20
_CITYOF
JHANHgSEN
1>5; ~c 612 9?2 I90()
'w;~/l'ia' 612. 9~ -. $ ~ ~')
~,' ';'i~ I' ~x' 612. V '; -. ~142
' '""'" ~'" (~IZg~ ..]~ ~
March 15, 1999
Nancy Kay Walton, Public Service Specialist
Office of Library Development and Services
1500 Highway 36 West
Roseville, MN 55113
Dear Ms. Walton:
Attached is the City of Chanhassen's application for a grant to upgrade the access
to the library. 1 would like to thank you in advance for your consideration of our
proposal. If you have any questions, please feel fi*ee to contact me at (612)937-
1900 ext. 120.
Sincerely,
Sharmin AI-Jaff
Senior Planner
SAJ:v
Ellclostlres
~t'tv o/'(7,,,J/ ,tssc,.
THIS APPLICATION MUST BE RECEIVED AT
THE OFFICE OF LIBRARY DEVELOPMENT AND SERVICES NO LATER THAN
_4:20 P.M. ON MONDAY, MARCH 15, 1999 ..
APPLICATION FOR A PUBLIC LIBRARY ACCESSIB .~'~R4~Nt, T~
FISCAL YEAR 1999
;o: Ofhce oI L~brary Development and Serwces
1500 llighway 36 West
Roseville, MN 55113
The below-named applicant city, county or regional public library system, hereby
applies for a grant as authorized and provided fbr in Minn. Stat. Sec. 134.45 (1994) and
amended in Chapter 404, Section 10 (1998).
l. Applicant name and mailing address.
City of Chanhassen
690 City Center Drive
Chanhassen, MN 55317
Name, title, telephone number, and FAX number, if available, of person authorized
by applicant to execute the application. This person must be a stal'f member or
elected official of the jurisdiction applying for the grant.
Sharmin Al-Jail, Senior Planner
Phone Nulnber: (612)937-1900 Ext. 120
Fax Number: (612)937-5739
Name, telephone number, and FAX number, if available, of the library staff
contact person:
Kathy Perschman, Branch Librarian
Phone Number: (612)934-8689
Fax Number: (612)934-8689
4. Street address of the building or site to be modified.
690 City Center Drive
Chanhassen, MN 55317
Accessibility Grant Application from: City of Chanhassen
5. Amount of grant requested $2,940.
6. Describe the proposed project.
In June of 1993, the City of Chanhassen conducted an Accessibility Evaluation for
the City of Chanhassen Buildings which included the Carver County Library
Branch. The library is located in the lower level of City Hall. The Accessibility
Evaluation deemed it necessary to upgrade the main lower level entrance adjacent
to the library, the library door, and the door that leads to the restrooms, water
fountain, and telephone. The funds are being requested to install an automatic
door opener.
Type of Project (check one):
__ Category I project (an addition to or the remodeling of the existing library
building in which the building is altered)
__ Category I1 project (altering another existing building)
X Category III project (all other) projects
If the project is a Category I or II project, provide the name, address, telephone
number and registration number of the project architect.
N/A
9. Year the Current or proposed library building was built: 1981
Accessibility Grant Application from: City of Chanhassen
10. Provide the number of square feet of useable floor space in the existing library
before modification:
3,250 Square Feet
11. Provide the number of square feet of useable floor space for the library at the
conclusion of the project.
3,250 Square Feet
12. Will the library space in the completed project building be entirely on ground
level?
Yes (X) No ( )
13. Wha! is the population to be served by the library according to the 199'7 estimates
of the State Demographer or the Metropolitan Council?
15,231 People.
14. List the cities/townships/counties included in the estimate in item 137
City of Chanhassen
15. What is the percentage of the service area population over the age of 65 according
to the 1990 census?
7%.
16. What will the population of the service area in the year 2000 according to the most
recent estimate of the State Demographer?
16,578 People.
ASSURANCES. The applicant hereby assures the following:
1. The applicant owns or holds title to the building or site to be modified.
3
Accessibility Grant Application from: City of Chanhassen
The local share of the cost of the project will be not less than 50% (up to
$1 $0,000) of the total cost of the project for removal of architectural barriers.
The local share of the cost of the project is available or will be available by the
project initiation date.
The project initiation date will be not more than 180 days after receipt of the
signed grant contract.
It' the project is a Category I or II project, the applicant will assure that they will
not advertise for bids or execute any construction contracts prior to receiving the
signed grant contract.
Grant funds will be used only for purposes for which granted as specified in the
approved application.
A narrative report indicating results accomplished and a report of grant
expenditures will be submitted to the Office of Library Development and Services
no later than 90 days after the project is deemed completed.
We, the undersigned, certify that the data given in this application are true and correct to
the best of our knowledge and belief.
Todd Gerhardt
(Typed Nmne)
(Signature)
Acting City Manage_Er__
(Title)
March 3, 1999
(Date)
Sharmin Al-Jarl
(Typed Name)
Senior Planner
(Title)
(Signature)
March 3, 1999
(Date)
4
ATTACHMENT A
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: March 8~ 1999
RESOLUTION NO: 99-19
MOTION BY: Senn SECONDED BY: Labatt
A RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR A
PUBLIC LIBRARY ACCESSIBILITY GRANT
WHEREAS, the Chanhassen City Council has determined that various modifications are
necessary within the Library building to meet current Americans with Disabilities Act (ADA)
and Minnesota State Building Code Accessibility Standards; and
WHEREAS, the Chanhassen City Council has been made aware of a grant available
through the State Office of Library Development and Services to assist in providing funding for
the needed modifications; and
WHEREAS, it has been determined by the City of Chanhassen that the modification
necessary to meet current accessibility standards will cost $5,800.
NOW, THEREFORE, BE IT RESOLVED THAT the Chanhassen City Council
hereby authorized the City of Chanhassen to apply to the State Office of Library Development
and Services for a grant of $2,940 to make accessibility related modifications at the Carver
County Library System, Chanhassen Library.
BE IT FURTHER RESOLVED that the City of Chanhassen will provide the matching
funds necessary to meet the requirements of the grant.
Passed and adopted by the Chanhassen City Council this 8th day of March, 1999.
ATTEST:
Todd Gerhardt, Acting City Clerk/Manager Nancy I~. Mancino, Mayor
YES
Mancino
Senn
Labatt
Engel
NO
None
ABSENT
Jansen
ATTACHMENT C D I
CARVER COUNTY LIBRARY SYSTEM
4 City Hall Plaza, Chaska, MN 55318
Phone: (612) 448-9395
BRANCH LIBRARIES: Chanhassen, Chaska, Waconia, Watertown, Young America
Nancy Kay Walton, Public Service Specialist
Office of Library Development and Services
1500 Highway 36 West
Roseville, MN 55113
March 9, 1999
Dear Nancy,
1. rl-1999
OF' Ci-tANHAS.REN
The Chanhassen Comnmnity Library was built in 1981 under existing accessibility
guidelines for libraries of that time. This grant is requesting automated power doors for
easy access into the library and does not include any internal structural changes. At this
time, the existing doors are a barrier to our aging population as well as those patrons
whom are physically challenged. The transition plan would be to work with the
contractors for this project on dates and times of installation to assure a minimum amount
of disruption to library public service hours.
I started my position as Director of the Carver County Library System at the end of 1998.
As part of the library long range planning in 1999, I will be working with staff and
members of the Carver County Library Board in assessing all libraries. For this project
we will use the Council on Disabilities, Building Access Survey. This building survey
would be included in the next funding cycle if internal issues need to be addressed
Thank you for your assistance with this much needed accessibility grant.
Sincerely,
Melissa J. Brech6n
Library Director
Afh?mative Action/Equal Opportunity Employer
~'~'iq A--~-P + P IYmou4%h., I~N Gl2 55'9
ATTACHMENT H
Automated Entrance Products, Inc.
11~62 Berkshire Lane North
Plymouth, bin 55441
Office: (612) 559-6530 Fax: (612) 559-6343
F'.C41
Distributors of Automatic, ,HANDIC .AP. ACCE.,SSa. SWIN,GING
PROPOSAL #
DAT£: .3-2-99 . ..
SUBMITTED TO:
CITY OF CHANHASSEN
690 CITY CEN~ DR. P.O. BOX 147
CHANHASSEN, MN. 55317
SUBMITTED BY: ~
STEWART WHELAN
ATTN: SHARMIN AL-JAFF
PRONE: 612-937-1900 fx 612-937-5739
PROJECT NAME & LOCATION INFORMATION;
LIBRARY - EXTERIOR DOOR,
LIBRARY DOOR, COUNCIL CHAMBERS DOOR
WE PROPOSE TO: FURNISH AND INSTATJ~ THREE (3) DOR-O-MATIC SURFACE MOUNTED LOW-ENERGY
ADA OPERATORS AT THREE (3) EXISTING SWING DCORS. WAIL M(XJNTED HARDWIRE
ACTIVATION SWITCHY_S, ON/OFF SWITCH LOCATED ON EACH HEADER, DARK BRONZE
OR CLEAR ALUMINUM FINISH.
ALT~lqNATE:WIRF;T~SS WALL SWITCHES MOUN~ IN BLACK ABS BOXES - ADD $ 720.00.
ALTERNATE:ELIML~NATE COUNCIL CHAMBERS OPERATOR - $ 1 t660.00.
REQUIRED %YORK BY "OTHERS": 1 t 5VAC TO EACH OPERATOR
BOXES, CONDUIT,WIRING TO EACH WALT. SWITCH
SPECIAL ELECI~IC LOCKING
4,980.00
FOR YliE SUM OF $
TERMS: 30 DAYS AFTER CC~PLETION
F.O.B.: JOBS ITE
THIS PROPOSAL tS HEREBY ACCEPTED [--] AS WRITTEN []
BY: ITS: _ , DATE:
: ^c-x:zrr 'r° .......... ' ...................
i ......... IF ~F.N D~ R
~ ALWO,~D EN~N~ PRODU~S: ~ BY: ITS;
THIS PROPOSAL IS SUBJECT TO THE FOLLOWING TERMS AND GONDI'r'ION.~
Work will be c:.xutGt z~ promptly ia pomme but i~ mb~a;t ~ ak:taD beyond oar ca~u'ol tach M. I~t ~o( ti-.aKd m, Itnkm, lira,,
Corrt,:tion oI cl~'u:~l or mtirr~6on ~ror, P'O°r w ~,~.zl~ce.
~i, ~o~I ;, ~ .~n ~1 work ~ng ~o~ dudn~ r~ulu ~r~a~ houri ~ ~K ~ Aa ~ ~ ~l;
QUOTE
PAGE ELECTRICAJ~ CONTRACTING INC
130 QUEENSLA/~D LN
PLYMOUTH MI~ 55447
TEL 473-0759
X 473-4287
OBILE TEL 210-5652
DATE:
TO:
RE:
SUBJECT:
ATT:
INCLUSIONS:
3/ 2/99
CITY OF CHA~SSEN
FJLNDICAP DOORS
ELECTRICAL QUOTE
TODD GERHARDT OR KATE
OUR PROPOSAL INCLUDES THE FOLLOWING:
SALES TAxX
ELECTRICAL PERMITS
QUOTE TO INCLUDE 120V ELECTRICAL POWER TO DOOR
OPERATORS.
FOR THE SUM OF:
CONTROL WIRING TO REMOTE DOOR SWITCHES
$ 300.00 PER DOOR
WE WILL BE LOOKING FORWAi~D TO WORKING WITH YOU.
Attachment G is a set of oversized construction plans and specifications for the City of
Chanhassen Public Library Branch accessibility project. These plans and specifications are
located in the Office of Library Development and Services, Department of Children, Families &
Learning.
Bruce Pomerantz
Library Development Specialist
Library Development and Services
September 16, 1999
MINNESOTA
DEPARTMENT OF
C.h.i/dr n
rmlies ' LL ea rn i n g
June 30, 1999
1500 HIGHWAY 36 WEST
ROSEVILLE, MN 55113-4266
LIBRARY DEVELOPMENT AND SERVICES
T: (651) 582-8200
TTY: (651) 582-8201
http://cfl.state.~n.us
T: 651/582-8722
F: 651/582-8897
Ms. Sharmin AI-Jaff, Senior Planner
City of Chanhassen
P.O. Box 147
Chanhassen, MN 55317
Dear Ms. AI-Jaff:
Congratulations! The Accessibility Grant Review Committee has tentatively recommended
approving the $2,940 grant application to assist making the Chanhassen Public Library
accessible to all library users. In order to obtain approval from the Commissioner of the
Department of Children, Families & Learning in consultation with the Minnesota Council on
Disabilities, some clarification is needed.
The Review Committee had a question concerning the number of automated doors proposed in
the grant application. It appears in the floor plan that one of the automated doorways leads to a
corridor and a room that does not have a library function. The room is labeled 9D. The grant
money can only be used for library-related space which the public will use. ls this area used for
library story times or other library activities? It is acceptable if other functions also occur in this
space. However, some library activity is mandatory.
Please provide the clarification requested by July 30 relating to the usage of Room 9D in a letter
which will become part of the grant application. You do not have to re-write the proposal, if this
particular doorway and the adjacent area are not used for library-related activities, you will have
to resubmit the budget indicating reduced costs for two automated doors. I am available for any
questions you have and you may submit drafts of your response to me before providing an official
reply.
Additionally, please provide the names and addresses of the State Senator and Representative
who represent Chanhassen so we can notify them of this grant funding that their legislation
created.
Sincerely,
Bruce Pomerantz
Library Development Specialist
C:
Melissa Brechon, Director, Carver County Library
Kathy Perschman, Branch Librarian, Chanhassen Public Library
Jym Wroblewski, Director, Metropolitan Library Service Agency
CITYOF
690 (~)'ty (:~'mcr Drit,e, I~0 B,~x / 4 7
Cha~thasse~, 3li~t~'sot~ 5 ~.317
?ho~e 612. ~3Z/900
t:)tg3te~'ri~g ~tx 612. 93 Z 9t 52
])~tb/i: .%(fi'(: 13~.x' 6 I2. 93.i. 252.i
July 16, 1999
Mt'. Bruce Pomerantz, Library Development Specialist
Office of Library Developtnent Services
1500 Highway 36 West
Rosevillc, MN 55 113-4266
Dear Mr. Pomerantz:
On behalf of' the City of Chanhassen, I would like to extend out' sincere gratitude for the
tentative approval of the grant to make the Chanhassen Library accessible to all library
L1sers.
In your letter dated June 30, 1999, you requested additional information regarding the
number of accessible doors and Room 9D. There will be a total of 3 automated doors.
The door you refen'ed to in the letter will lead into a public meeting room. This public
meeting room is utilized by the library on a weekly basis. Some of the functions that
take place in this space include Story Time, Book Club meetings, and programs such as
Book Signing, Author Talks, Gardening Talks, etc. Summer programs also take place in
this space. These programs include Jugglers, Magicians, Story Tellers, etc. These
programs attract up 250 people.
You also requested the names and addresses of the State Senator and Representative for
this area. They are:
Minnesola Senator Ed Oliver
1 21 State Office Building
St. Paul, MN 55 155
Minnesota Representative Tom Workman
335 State Office Building
St. Paul, MN 55155
If I can be of further assistance, please feel free to contact me at extension 120.
Sincerely
Sharnain Al-JaW
Senior Planner