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HomeMy WebLinkAboutReso 99-183RESOLUTION NO.99- \%3 A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A LIBRARY INTERLOCAL AGREEMENT BY AND BETWEEN MIAMI-DADE COUNTY AND THE CITY OF SUNNY ISLES BEACH SUBSTANTIALLY THE SAME FORM AS ATTACHED AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach, which is part of the Miami -Dade Public Library taxing district, intends to construct a Government Center to be located on Sunny Isles Beach Boulevard; and WHEREAS, the City of Sunny Isles Beach and Miami -Dade County have agreed that if the City of Sunny Isles Beach will agree to construct and fully furnish a space for a library within the Government Center that Miami -Dade County will furnish all books, will staff operate and pay all operating costs of the library; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. _Approval of Interlocal Agreement. The Library Interlocal Agreement which is attached hereto as Exhibit "A" and made a part hereof, has been fully set forth herein, or an agreement in substantially the form as that attached, be and in the same is hereby approved. Section 2. Authorization. of the Manager The City Manager is hereby authorized to execute this agreement and the Clerk is hereby directed to forward an executed copy of the agreement to the County Clerk's Office, and the Library Director Section 3. Effective Date. The Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 9 h day of December Library Interlocal Agreem Page I of 2 ATTEST: Richard Brown-Morilla, City Clerk APPROVED AS TO FORM AND: LEGAL SUFFICIENCY: M. Dannheisser, City Attorney Vote: ;j ,t ) Mayor Samson (Yes) Vice Mayor Morrow ✓ (Yes) Commissioner Iglesias (Yes) Commissioner Kauffman Yes) Commissioner Turetsky (Yes) Moved by: +d1rJ Seconded by: (No) (No) (No) (No) (No) Library Interlocal Agreem Page 2 of 2 9F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ACCEPTING THE PROPOSAL FOR AN ECONOMIC REDEVELOPMENT STUDY TO BE PERFORMED BY THE CHESAPEAKE GROUP, INC., IN ACCORDANCE WITH THE PROPOSAL SET FORTH IN EXHIBIT AA@; AUTHORIZING THE CITY MANAGER TO EXECUTE THE LETTER AGREEMENT ATTACHED AS EXHIBIT AA@; PROVIDING FOR AN EFFECTIVE DATE. ACTION. City Clerk Brown-Morilla read the title and City Community Planning & Development Marla Dumas presented her report. Public Speakers: none Vice Mayor Morrow moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 99-182 was adopted by a voice vote of 5-0 in favor. 9G. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A LIBRARY INTERLOCAL AGREEMENT BY AND BETWEEN MIAMI-DADE COUNTY AND THE CITY OF SUNNY ISLES BEACH, SUBSTANTIALLY THE SAME FORM AS ATTACHED AS EXHIBIT AA@; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND PROVIDING ACTION. City Clerk Brown-Morilla read the title and City Manager Neustadt presented his report. Public Speakers: none Commissioner Iglesias questioned if the matter should be deferred since the Mayor had requested town meetings to discuss what would be included in the proposed government center. City Attorney Dannheisser suggested it be approved anyway. City Clerk Brown- Morilla asked what he should do since the legislation directed him to transmit the agreement to the County, and the Attorney said he should just hold the documents pending a later decision. Vice Mayor Morrow moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 99-183 was adopted by a voice vote of 5-0 in favor. 10. MOTIONS: 10A ADD-ONITEM. MOTION FOR APPROVAL TO AUTHORIZE AN EMPLOYEES SECTION 125 CAFETERIA ACTION: [City Clerk's note: see handout that was distributed at the meeting for the Summary Minutes of the December 9, 1999, Regular City Commission Meeting - Page 12 of 14 LIBRARY INTERLOCAL AGREEMENT This is a Library Interlocal Agreement by and between the City of Sunny Isles Beach, a municipal corporation of the State of Florida (the "City"), and Miami -Dade County, a political subdivision of the State of Florida (the "County"), entered into this day of , 1999 (the or this "Agreement"). WITNESSETH: WHEREAS, the City of Sunny Isles Beach ("City") which is part of the Miami -Dade Public Library taxing district intends to construct a city government center to be located on Sunny Isles Beach Boulevard (hereinafter referred to as the "Government Center"); and WHEREAS, the Mayor and Commission of the City of Sunny Isles Beach desire to have a library within the City's corporate limits; and WHEREAS, the City of Sunny Isles Beach will agree to construct, fully furnish and equip space for a library within the Government Center provided that that Miami -Dade County (the "County") will furnish all books, will staff, operate, and pay all operating costs of the library; In consideration of mutual covenants contained herein the parties agree as follows: 1. Obligations of the City of Sunny Isles Beach. a. Construction. The City shall construct within its Government Center a shell space, consisting of approximately 10,000 square feet within which Miami -Dade Public Library System may operate a library. b. Interior. The City agrees to fully partitioned and wire the facility once the County has submitted in writing its design plan for the interior space. C. Furnishings. The City shall fully furnish and equip the library at its own expense, except for the opening day collection of books and subject to the terms of paragraphs 2b. hereinbelow. 2. County's Obligations. a. Grant. Miami -Dade County and/or the City, shall apply for a library grant in an amount up to $500,000. It is agreed that up to the first $250,000 of that grant shall be submitted to the City to be used for the purpose of construction of the interior facility as set forth in paragraph 1 c. hereinabove. Library Interlocal Agreement Attomey3/General 12/21/99 4:17 PM LMD:ch b. Furniture, Supplies & Equipment. County staff shall select and have final approval over the furniture, supplies and equipment of the library, provided however, the budget for the foregoing items shall not exceed the amounts set forth in Exhibit "A" hereto. C. Maintenance. The County shall be solely responsible for all insurance and for a pro rata portion of the electrical maintenance, janitorial and other utility costs. d. Opening Day Stock. The obligation on the part of the City to construct the interior space per lb hereinabove facility is subject to the condition that the County has certified, in writing, 30 days prior to commencement of interior construction, that it has budgeted for and/or secured all books to stock the shelves of the library. 3. Library Operation. a. Operating Hours. Miami -Dade County Public Library System will operate the library and will pay the yearly operating costs. The library shall be open six (6) days a week from Monday through Saturday according to the following schedule: Monday, Thursday, Friday and Saturday 9:30a.m. to 6:OOp.m. Tuesday and Wednesday 12:30p.m. to 9:OOp.m b. Consideration. In consideration of the City's provision of space for the library facility, the County shall pay the City One ($1.00) Dollar per year. The lease shall automatically renew each year unless notice is given by either party to the other, at least ten (10) months in advance of October 1 of the year to be closed by October 1 of that same year. At the conclusion of any lease, the contents, except for books and other materials and equipment furnished by Miami -Dade Library System, shall remain the property of the City. 4. Indemnification. a. The County shall indemnify and save harmless the City from any and all claims, liability, losses and causes of action which may arise out of actions of the County in fulfillment of this Agreement to the extent allowable by law. The County shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits, in the name of the City when applicable, and shall pay all costs and judgments which may issue thereon. The County will fully indemnify the City from any willful or negligent act, error or omission of the County, its principals, employees or agents, incidentals of the performance of the operation of the library, including but not limited to, any civil rights actions which may arise from the employment of any persons and to the extent of such claim, liability, loss or cause of action the County shall pay all such claims and losses and costs and judgments which may issue thereon as well as all attorneys' fees incurred by the City through the appellate level. Library Interlocal Agreement 2 Attorney3/General 12/21/99 -4:17 PM LMD:ch b. The City shall indemnify and save harmless the County from any and all claims liability, losses and causes of action which may arise out of the action of the City, its employees, agents, officers and assigns, arising out of this Agreement to the extent allowable by law. The City, directly, or through its insurance carrier, shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits, in the name of the County when applicable, and shall pay all costs and judgments which may issue thereon. 5. Location. The City shall, at its sole option, decide on what floor within the Government Center the library facility will be located. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year first above written. APPROVED AS TO FORM MIAMI-DADE COUNTY, a political AND LEGAL SUFFICIENCY subdivision of the State of Florida Assistant County Attorney APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attorney Library Interlocal Agreement Attomey3/General 12/21/99 4:17 PM LMD:ch County Manager ATTEST: Harvey Ruvin, Clerk Deputy Clerk CITY OF SUNNY ISLES BEACH, a municipal corporation of the State of Florida City Manager ATTEST: Richard Brown-Morilla, City Clerk 3 City of Sunny Isles Beacfi 17070 Collins Avenue. Suite 250 Sunny Isles Beach, Florida 33160 Telephone: (305)9474)606 Facsimile: (305)949-3113 David Samson. Mayor Connie Morrow. lire Mavor Commissioners Danny Iglesias Lila Kauffman Irving Turetsky Ciq Manager Jack Neustadt Ciry Atlomev Lynn NI. Dannheisser City Clerk Richard Brown-Morilla To: City Commission From: Lynn M. Dannheisser City Attorney Date: December 9, 1999 Subject: NTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY LIBRARY RECOMMENDATION The Mayor and staff have met with Manny Lomba, and others from the County in the Library Department to negotiate an agreement whereby the City of Sunny Isles Beach will construct, fully famish and equip a space for a library within the Government Center, provided that Miami -Dade will furnish all books and will staff, operate and pay all operating costs of the library, for a lease amount of $1.00 per year. In the event that the lease is terminated, contents except for the books and other materials and equipment furnished by the Miami -Dade County Library System will remain the property of the City. Hours of operation will be Monday, Thursday, Friday and Saturday, 9:30 a.m. to 6:00 p.m., Tuesday and Wednesday, 12:30 p.m. to 9:00 p.m. I, The obligation of the City to construct the interior space is subject to the condition that the County has certified in writing, 30 days prior to commencement of interior construction, that it has budgeted for and/or secured all books to stock the shelves of the library. Respectfully submitted, V_IX�,,, t t. baNvv hA :44� IF, -) Lynn M. Dannheisser City Attorney LMD:pw �3