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1k Library Accessibility GrantCITYOF HANHASSEN 70, Ce,ret Drive. PO lbx 147 ',l~asse,. Mhmesota 55317 Pho,e ~IZ2~7.1900 ,,n~d ~.x' 612. 2~Z 5 Z~ 9 )weri,g Fax 6 I2. 2~Z 9152 ic 5,~fi,O, ['3~x 612. ~ K 'l( 'l~'.(/. t'/~, l ll/~d.~/(U. 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. 2 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. Jo Lo 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. 4 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. Bo Co Do 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 7 Co 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. 9 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 10 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