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Construction Reimbursement: Appendix H

Sample Construction Agreement

Library Construction Project Number (#)

Sample of agreement between the Office of Library and Information Services and a library:

The Office of Library and Information Services agrees to provide from funds available under the General Laws of Rhode Island, as amended, (section 29-6-6), the following share of the total construction cost of the (library) approved construction project. A State share, not in excess of $ (state share) [1] amounting to not more than (percent) % of the total eligible costs of the construction project which are estimated to be $ (eligible costs), or the lesser of the maximum allowable costs as established by the Library Board of Rhode Island and as may be set forth in the regulations for public library construction/renovation reimbursement funding under Section 29-6-6 of the Rhode Island General Laws.

All funds so made available for the approved construction project shall be expended only for the construction of public library facilities in accordance with the regulations and priorities as promulgated by the Library Board of Rhode Island.

The (library) agrees as follows:

  1. That the (library) will expend in addition to the state share such amount as is necessary for the completion of the construction project, but not less than (percent)% of the total cost of the construction project.
  2. That the Office of Library and Information Services shall have authority to review and approve plans, specifications, bid documents, contract awards, payments, and all documents of obligation or expenditure for the project and to supervise the project throughout (pursuant to the Code of Federal Regulations, as amended).
  3. That the (library) will separately account for all funds to be used for the project and will keep records of such accounting readily available for review or audit by the Office of Library and Information Services and will make such reports, including reports of expenditures and of work progress, as the Office of Library and Information Services deems necessary to fulfill its obligations under State law and regulations.
  4. That the (library) will provide the Office of Library and Information Services or its agent access to the construction site at reasonable times for the purposes of inspecting construction progress and of verifying compliance with Federal Labor standards regulations, the State plan, and other requirements of State and Federal law and regulations.
  5. That all funds will be expended by the (library) solely for the purpose for which paid and that the (library) will repay to the Office of Library and Information Services the amount of all funds paid by it to the (library) if lost or diverted from such purposes.
  6. That the (library) assures the Office of Library and Information Services that the construction work for the public library will be undertaken promptly and completed within a reasonable period of time.
  7. That the facility to be constructed under this agreement will give public library services which are free and without discrimination and that the facility will continue to be used to provide such services unless its use for another purpose is approved by the Office of Library and Information Services.
  8. That all applicable Federal, State, and local laws and regulations will be complied with, including, but not limited to, the regulations for public library construction/renovation reimbursement funding under Section 29-6-6 of the Rhode Island General Laws.
  9. Reimbursement of state funds will begin in the fiscal year following the completion, acceptance, and audit of the project.

(SIGNED) s/_________________________________________________
Chairperson/President Board of Trustees

_________________________
Date

s/_________________________________________________
Chief Information Officer, Office of Library and Information Services


[1] Plus the interest cost actually incurred by the city or town or any free public library as a result of having to borrow the State's portion of the total cost of the project (29-6-6 G.L. State of Rhode Island).