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Home My WebLink AboutReso 2011-1806 RESOLUTION NO. 2011- 19,C)l", A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE SECOND AMENDMENT TO LIBRARY INTERLOCAL LEASE AGREEMENT WITH MIAMI-DADE COUNTY, IN SUBST ANIALL Y THE SAME FORM AS ATTACHED EXHIBIT "A", SUPERCEDING ALL PRIOR LIBRARY INTERLOCAL LEASE AGREEMENTS; AUTHORIZING THE MAYOR AND/OR THE CITY MANAGER TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; DIRECTING THE CITY CLERK TO FORWARD SAME TO THE COUNTY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach and Miami-Dade County entered into an Amended Library Interlocal Lease Agreement on or about November 1, 2002 for the operation of a Library by the County in Sunny Isles Beach; and WHEREAS, the City of Sunny Isles Beach and Miami-Dade County desires to increase the operating hours of the Sunny Isles Beach branch library to be opened on Fridays from 2:00 p.m. to 6:00 p.m. in order to accommodate its residents; and WHEREAS, the City of Sunny Isles Beach shall pay all costs associated with the increase in operating hours of the Library including additional salary costs, and any and all COLA and merit salary increases totaling approximately Thirteen Thousand Three Hundred Thirty Dollars and Twenty-Four Cents ($13,330.24) as described in the attached Amendment, attached as Exhibit "A"; and WHEREAS, the County is willing to make the proposed changes included in the Second Amended Library Interlocal Lease Agreement; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Second Amendment to Agreement. The Second Amendment to Library Interlocal Lease Agreement with Miami-Dade County, in substantially the same form as attached hereto as Exhibit "A" be, and the same, is hereby approved. The Second Amendment to Library Interlocal Lease Agreement hereby supercedes all prior Library Interlocal Lease Agreements adopted by the City Commission of the City of Sunny Isles Beach and/or the Commission of Miami-Dade County. Section 2. Authorization of Mayor and/or City Manager. The Mayor and/or the City Manager is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager and City Attorney. The City Manager and the City Attorney are hereby authorized to do all things necessary to effectuate this Resolution. Third Amendment to Library Interlocal Lease Agmt Section 4. Direction to the City Clerk. The City Clerk is directed to forward a certified copy of this resolution together with executed copies of the Lease Agreement to the County to be placed on the County Commission agenda for County approval and execution. Section 5. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 1 ihday of November 2011, ATTEST: ~~'A~ Jane A. H,ines, GMC, City Clerk Moved by: Seconded by: ~~ S<-~u ~ Gf\-'\ 0 Vote: 4-0-\ Mayor Edelcup Vice Mayor Thaler - .fYcs~ Commissioner Aelion Commissioner Gatto Commissioner Scholl ---1.L. (Yes) (Yes) ~Yes) ~(Yes) ~es) _(No) _(No) _(No) _(No) _(No) Third Amendment to Library Interlocal Lease Agmt 2 SECOND AMENDMENT TO INTERLOCAL LIBRARY LEASE AGREEMENT THIS SECOND AMENDMENT TO INTERLOCAL LEASE AGREEMENT is made and entered into this _ day of , 2011 by and between MIAMI- DADE COUNTY, A POLITICAL SUBDIVISION OF THE State of Florida, hereinafter "THE COUNTY" and the CITY OF SUNNY ISLES BEACH, a municipal corporation, hereinafter called "THE CITY," WITNESSETH: WHEREAS, THE COUNTY and THE CITY entered into an Amended Library Interlocal Lease Agreement on or about November 1, 2002, ("Amended Interlocal Agreement") a copy of which is attached hereto as Exhibit 1 for the operation of a Library by the County in Sunny Isles (the "Sunny Isles Beach branch library"); and WHEREAS, THE COUNTY and THE CITY desire to increase the operating hours of the Sunny Isles Beach branch library. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable considerations, it is expressly understood and agreed: ARTICLE I CONSTRUCTION OF SECOND AMENDMENT The word "shall" as used in this Second Amendment shall in all cases be construed to be mandatory and to require the action so modified by the word "shall" to be taken without regard to the exercise of discretion. Exhibit "A" ARTICLE II SCOPE AND PURPOSE OF SECOND AMENDMENT This Second Amendment is entered into in order to increase the Sunny Isles Beach branch library's hours of operation and set forth the terms upon which the resulting increased costs will be paid. ARTICLE III RESPONSIBILITIES OF THE PARTIES A) THE CITY shall pay all costs associated with the increase in operating hours of the Sunny Isles Beach branch library. Specifically, THE CITY shall pay the additional salary costs, including any and all COLA and merit salary increases. The estimated additional annual salary and support costs for the increased library hours of operation for the current fiscal year (October 1, 2011 to September 30, 2012) would be $13,330.24, broken down as follows: I-Library Assistant 3 2-Library Assistant 2 18.54 13.55 74.16 108.40 14.09 20.60 88.25 129.00 Total Weekly Cost: 182.56 34.69 217 .25 Yearly Support Cost: 2,033.43 Total Salaries Yearly Cost 11,296.81 Total Yearly Cost Including Salaries and Support Cost 13,330.24 ~'MSgl\~*Y1P!0:)n5BfJ'1r!:?'4:('?~nt%ur~_ The total yearly cost of $13,330.24 (including salaries and support costs) shall be prorated from the effective date of this agreement and shall be invoiced by the County and paid by the City at a per monthly cost of $1,110.85. The City shall remit payment to the County within thirty (30) days of the invoice date. During the increased library hours of operation, THE COUNTY will provide limited information retrieval service as well as access to public service computers and the ability for patrons to borrow and return library materials. B) In the event THE COUNTY either increases or decreases the number of hours of operation for all of the other branches within the County's Library System, THE COUNTY shall similarly increase or decrease the number of hours of operation at the Sunny Isles Beach branch library. Such a change in the system-wide operating hours will not impact the additional, paid-for hours at the Sunny Isles Beach branch library. C) All monies paid by THE CITY for the increase of branch library hours at the Sunny Isles Beach branch library will solely be used by THE COUNTY to cover the costs of the increase in operating hours at the Sunny Isles Beach branch library. ARTICLE IV EXPANDED HOURS OF OPERATION The current hours of operation of the Sunny Isles Beach branch library are as follows: Monday, Tuesday & Saturday 10:00 a.m. - 6:00 p.m.; Wednesday 12:00 p.m. - 8:00 p.m. and Thursday 12:00 p.m. - 8:00 p.m.; Friday and Sunday Closed. Subject to Article III (B) above, upon the effective date of the Resolution of the Miami-Dade Board of County Commissioners approving this Second Amendment, the operating hours at the Sunny Isles Beach branch library shall be as follows: Monday, Tuesday & Saturday 10:00 a.m. - 6:00 p.m.; Wednesday 12:00 p.m. - 8:00 p.m. and Thursday 12:00 p.m. - 8:00 p.m.; Friday 2:00 p.m. - 6:00 p.m.; and Sunday Closed. ARTICLE V TERM OF THE AGREEMENT This Second Amendment shall be effective upon the effective date of the Resolution of the Miami-Dade Board of County Commissioners approving this Second Amendment, or upon the effective date of the Resolution of the City of Sunny Isles Beach Board of City Commissioners approving this Second Amendment, whichever is later. The term of this Second Amendment shall be from the Effective date until September 30, 2012. THE CITY may request annual renewals of this Second Amendment for a term of one fiscal year each by written notice delivered to THE COUNTY, at least ninety (90) days prior to the start of a new fiscal year, (October 1 of each year).. Any renewal of this Second Agreement may be executed by the County Mayor or the County Mayor's designee and the City Manager or the City Manager's designee, or, alternatively, by Resolution of the Board of County Commissioners and the City Council. Either Party may cancel this Second Amendment, with our without cause, by written notice delivered to the other, but such notice must be delivered at least one hundred eighty (180) days prior to the date the cancellation shall be effective. Except for payment of any operating costs owed by THE CITY to THE COUNTY upon the effective date of cancellation, neither Party shall be entitled to any other compensation or damage resulting from the termination of this Second Amendment. ARTICLE VI HEADINGS Captions and headings in this Second Amendment are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning of interpretation of any provisions herein. ARTICLE VII SECOND AMDENDMENT'S EFFECT ON OTHER AGREEMENTS This Second Amendment is supplementary to, and not intended to supersede, the Amended Interlocal Agreement or any other agreement entered into by and between THE COUNTY and THE CITY except to the extent expressly agreed upon in writing herein. This writing embodies the entire Second Amendment and understanding between the parties with respect to the matters agreed upon herein, and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. ARTICLE VIII REPRESENTATION S OF THE COUNTY THE COUNTY represents that (a) this Second Amendment has been duly authorized and approved by the Miami-Dade County Board of County Commissioners as the governing body of THE COUNTY, and (b) the person executing this Second Amendment has the required power and authority to execute this Second Amendment. - ARTICLE IX REPRESENTATIONS OF THE CITY THE CITY represents that (a) this Second Amendment has been duly authorized and approved by the Governing Body of THE CITY, and (b) the person executing this Second Amendment on behalf of THE CITY has the required power and authority to execute this Second Amendment. ARTICLE X AMENDMENT TO THE SECOND AMENDMENT This Second Amendment may be modified, altered or amended only by a written amendment duly executed by the Parties. ARTICLE XI COU NTERP ARTS This Second Amendment may be executed in one or more counterpart(s), each of which shall be deemed an original. IN WITNESS WHEREOF, Miami-Dade County, Florida, has caused this Agreement to be executed in its name by the County Mayor or his designee, attested by the Clerk of the Board of County Commissioners and has caused the seal of the Board of County Commissioners to be hereto attached; and the City of Sunny Isles Beach, Florida has caused this Agreement to be executed in its name by the City Manager or his designee, attested by the Clerk of the City Council and has caused the seal of the Council to be hereto attached, all on the day and year written above. ATTEST: Harvey Ruvin, Clerk of the Board By: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Assistant County Attorney ATTEST: - MIAMI-DADE COUNTY FLORIDA, BY ITS BOARD OF COUNTY COMISSIONERS By: County Mayor Clerk of the Council By: Clerk CITY OF SUNNY ISLES BEACH, FLORIDA, BY ITS COUNCIL By: City Manager - Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Alan J. Cohen, City Manager DATE: 11/17/2011 RE: Third Amendment to Library Interlocal Lease Agreement RECOMMENDA TION: This Resolution is presented for your consideration. REASONS: The City of Sunny Isles Beach and Miami-Dade County entered into an Amended Library Interlocal Lease Agreement on or about November 1, 2002 for the operation of a Library by the County at the Sunny Isles Beach Government Center. The City and the County wishes to increase the operating hours of the Library to be opened on Fridays from 2:00 p.m. to 6:00 p.m. in order to accommodate its residents. The City shall pay all costs associated with the increase in operating hours of the Library including additional salary costs, and any and all COLA and merit salary increases totaling approximately $15,903.00. ATTACHMENTS: . Resolution . Third Amendment to Interlocal Agreement http://sibagenda.sibfl.netlagendalPreview.aspx?ItemID=64 7 &MeetingID=O&MeetingDat... 11110/20 II