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.
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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.
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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
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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
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