HomeMy WebLinkAboutCity of Tamarac Resolution R-97-249Temp. Reso. # 8027
October 22, 1997
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-97 &Z4 (]
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN BROWARD COUNTY
AND THE CITY OF TAMARAC FOR THE
OPERATING AND CAPITAL COSTS OF A
TEMPORARY BRANCH LIBRARY IN TAMARAC;
PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
AS
WHEREAS, the County and the City of Tamarac want to inaugurate a
library facility providing public library services, in the form of a temporary branch
library to the residents of Broward County, and in particular, to the residents in
and around the City of Tamarac; and
WHEREAS, the County shall lease real property which is adequate in
size, location, and reasonable cost to accomplish the objectives of providing
these library services; and
WHEREAS, the County shall not execute any lease agreement for such
real property without the City's written approval of the leased premises; and
WHEREAS, the County will be solely responsible for the operations of the
library; and
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Temp. Reso. # 8027
October 22, 1997
WHEREAS, there will be annual operating and capital costs associated
with providing the service, and the County and the City of Tamarac want to share
the burden of the annual operating costs on a basis agreeable to both parties;
and
WHEREAS, representatives of the County and the City of Tamarac have
negotiated a means and method to accomplish the objectives of providing the
library services by execution of this Interlocal Agreement, which, by its terms,
shall provide for certain monetary payments from the City of Tamarac to the
County; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it
to be in the best interest of the citizens and residents of the City of Tamarac to
authorize the appropriate City Officials to execute an Interlocal Agreement with
the County regarding the provision of public library services in Tamarac.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution.
SECTION 2: The appropriate City Officials are hereby authorized to
execute the attached interlocal Agreement between the City of Tamarac and
Broward County for the provision of public library services, in the form of a
temporary branch library, in the City of Tamarac (attached hereto as "Exhibit 1 ").
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Temp. Reso. # 8027
October 22, 1997
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this o2,?- day of 4G�,1997.
ATTEST:
CAROL A. EVANS, CMC, CITY CLERK
I HER Y CERTIFY that I have
App(ovo tlis RISC ,UTION as t(i form.
RECORD OF COMMI
MAYOR
SCHREIBER
DIST 1:
COMM. McKAYE
DIST 2:
V/M —MI SHKIN
GIST 3:
COMM. SULTANO
DIST 4:
COMM. ROBERTS
VOTE
K `-i l 't`1
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND
THE CITY OF TAMARAC PROVIDING FOR JOINT
FUNDING BY BROWARD COUNTY AND THE CITY OF TAMARAC FOR THE
OPERATING COSTS OF A TEMPORARY BRANCH
LIBRARY IN TAMARAC
This Agreement, made and entered into the 22 day ofoctobe:r 1997 by and between:
Broward County, Florida
Broward County Governmental Center
115 South Andrews Avenue
Room 325
Ft. Lauderdale, Florida 33301
(hereinafter referred to as "COUNTY")
AND
City of Tamarac, Florida
18 7525 N.W. 881' Avenue
Tamarac, Florida 33321
(hereinafter referred to as "CITY")
WITNESSETH:
In consideration of the mutual terms, conditions and promises set forth hereinafter,
COUNTY and CITY agree as follows:
ARTICLE 1
PREAMBLE
1.1 The COUNTY and the CITY shall inaugurate a library facility providing public library
service, in the form of a temporary branch library to the residents of Broward
County, and in particular, to the residents in and around the City of Tamarac.
1.2 The COUNTY shall lease real property which is adequate in size, location and
reasonable in cost to accomplish the objectives of this Agreement.
1.3 There will be capital and annual operating costs associated with providing the
service. The COUNTY and the CITY shall share the burden of the capital and
operating costs on a basis agreeable to both parties.
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ARTICLE 2
REAL PROPERTY LEASE
2.1 It shall be the responsibility of the COUNTY to procure and lease real property in
the City of Tamarac for use as a temporary branch library. Prior to executing any
lease agreement for such real property, COUNTY shall make arrangements for a
CITY representative to inspect the proposed leased premises. COUNTY shall not
execute any lease agreement for such real property without CITY'S written approval
of the leased premises. CITY shall not be named as a party or guarantor in said
lease agreement.
ARTICLE 3
SHARING OF EXPENSES
3.1 The COUNTY and the CITY agree to share, for five (5) consecutive year periods,
general operating and capital expenses of the temporary branch library including
expenses such as:
3.1.1 Operating Expenses:
(a) Salaries, including the following benefits for full time employees:
1. FICA
2. Retirement
3. Group Insurance
(b) Telephone (three (3) lines)
(c) Utilities (water and electric)
(d) Rent (building)
(e) Building maintenance
(f) Equipment maintenance for equipment used solely at the subject branch
library
(g) Computer software maintenance
(h) Library supplies
(i) Communications
Q) Recurring contractual services
(k) Magazines and subscriptions
3.1.2 Capital Expenses
(a) Books
(b) Equipment
3.2 The operating expenses set forth in Paragraph 3.1 and its subparts herein shall be
shared according to the percentages set forth below:
First Year COUNTY 50% - CITY 50%; with CITY'S financial obligation not to exceed $75,000
Second Year COUNTY 60% - CITY 40%; with CITY'S financial obligation not to exceed $63,000
Third Year COUNTY 70% - CITY 30%; with CITY'S financial obligation not to exceed $49,610
Fourth Year COUNTY 80% - CITY 20%; with CITY'S financial obligation not to exceed $34,730
Fifth Year COUNTY.90% - CITY 10%; with CITY'S financial obligation not to exceed $18,230
3.3 COUNTY agrees to provide, in addition to shared expenses, during the first year
implementation capital and equipment funding in the amount of $75,000.
3.4 The years of this Agreement shall be the fiscal year of the COUNTY, October 1 to
September 30. COUNTY and CITY agree that the first year of this Agreement may
provide library services for less than the full year. The percentage owed by the
CITY in the first year pursuant to paragraph 3.2 shall begin to accrue on the date
the lease agreement is entered into, and shall be adjusted to subtract from the First
Year total the expenses incurred in the months prior to the effective date of this
Agreement.
3.5 The COUNTY shall be solely responsible for payment of all actual operating
expenses to the appropriate creditors, however, the CITY shall reimburse to the
COUNTY at the end of each one (1) year term of this Agreement, the CITY'S share
of the aforesaid annual operating expenses.
3.6 Upon the expiration of each one (1) year term of this Agreement, the COUNTY shall
submit to CITY an annual financial report on the operation of the temporary branch
library created pursuant to this Agreement. Said annual report shall be prepared
and certified by an independent certified public accountant or COUNTY'S internal
auditor and shall detail the following information:
3.6.1 Certified statement of all operating expenses.
3.6.2 Statement of all monies due and owing from CITY to COUNTY as
• reimbursement for operating expenses which CITY has agreed to share.
3.7 CITY shall pay COUNTY the applicable percentage of the annual operating
expenses as set forth in Paragraph 3.1 herein within thirty (30) calendar days after
• receipt of said financial report.
3.8 CITY shall not be financially responsible for any operating expenses not specifically
set forth in Paragraph 3.1 unless CITY consents to the same in a formal written
amendment to this Agreement, executed by CITY'S and COUNTY'S respective
Commissions. CITY shall not be financially responsible for any capital or operating
expenses incurred pursuant to this Agreement for any years subsequent to the end
of Fiscal Year 2003.
3.9 The COUNTY shall operate the temporary branch library a minimum of forty (40)
hours per week during the five year term of this Agreement. At the end of the five
year term of this Agreement, the COUNTY shall assume full financial responsibility
for the operation and maintenance of the subject library facility, and shall operate
or close the facility consistent with the overall COUNTY public library service needs
as may be determined by the Broward County Board of County Commissioners. It
is understood that the facility shall be closed when a new, permanent branch library
serving this area is opened.
3.10 The COUNTY shall be responsible for the daily maintenance and operation of the
library and the CITY shall have no maintenance and operating responsibility other
than the financial obligations provided for in this Agreement. COUNTY shall
indemnify and hold CITY harmless to the extent permitted by law for any loss or
liability incurred pursuant to this Agreement. COUNTY shall procure and maintain
at its own expense adequate insurance in a form and amount acceptable to the
CITY for the term of this Agreement. Upon completion of all obligations and duties
provided for in this Agreement, or in the event of termination of this Agreement for
any reason, the terms and conditions of this Paragraph shall survive.
ARTICLE 4
CHANGES TO AGREEMENT
4.1 No modifying amendments to the terms or conditions contained herein shall be
effective unless contained in a written document executed with the same formality
and of equal dignity herewith.
ARTICLE 5
TERMS OF AGREEMENT
5.1 The terms of this Agreement shall extend for five years from the effective date of a
lease agreement between the COUNTY and the lessor of the facility, and shall
terminate no later than the end of Fiscal Year 2003.
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0 ARTICLE 6
EQUAL OPPORTUNITY
6.1 COUNTY shall not unlawfully discriminate against any employee or applicant for
employment because of race, age, religion, color, gender, national origin, marital
status, physical or mental disability. COUNTY shall take affirmative action to insure
applicants are employed and employees treated during employment without regard
to race, age, religion, color, gender, national origin, marital status, physical or
mental disability. Such actions shall include, but not be limited to, the following:
employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff, termination, rates of pay, other forms of compensation, terms and conditions
of employment and training, including apprenticeship.
6.2 Delivery of services shall be made without regard to, or consideration of, race, age,
religion, color, gender, national origin, marital status, physical or mental disability
or other factors which cannot be lawfully or appropriately used as a basis for service
delivery.
ARTICLE 7
ENTIRE AGREEMENT
7.1 This Agreement contains the entire understanding of the parties relating to the
subject matter hereof, superseding all prior communications between the parties,
whether oral or written. This Agreement may not be altered, amended, modified or
otherwise changed, nor may any of the terms hereof be waived, except by a written
instrument executed by both parties. The failure of a party to seek redress for
violation of or to insist on strict performance of any of the covenants of this
Agreement shall not be construed as a waiver or relinquishment for the future of any
covenant, term, condition or election but the same shall continue and remain in full
force and effect.
ARTICLE 8
SEVERABILITY
8.1 Should any part, term or provision of this Agreement be judicially determined invalid,
illegal or in conflict with any law of this state, the validity of the remaining portions
or provision shall not be affected thereby.
ARTICLE 9
INDEPENDENT CONTRACTOR STATUS
9.1 COUNTY and its employees, volunteers and agents shall be and remain
independent contractors and not agents or employees of CITY with respect to all
of the acts and services performed by and under the terms of this Agreement. This
Agreement shall not in any way be construed to create a partnership, association
or any other kind of joint undertaking or venture between the parties hereto.
ARTICLE 10
NOTICES
10.1 Whenever either party desires to give notice unto the other, it shall be given by
written notice, sent by certified mail, with return receipt requested, addressed to the
party for whom it is intended, at the place last specified, and the place for giving of
notice shall remain such until it shall have been changed by written notice in
compliance with the provisions of this Paragraph. Currently, the parties designate
the following as the respective place for giving of notice:
FOR COUNTY
County Administrator
Attention: Libraries Division
Broward County Governmental Center
115 South Andrews Avenue, Room 404
Fort Lauderdale, Florida 33301
FOR CITY
City Manager
City of Tamarac
7525 N.W. 88" Avenue
Tamarac, Florida 33321
AND
Mitchell S. Kraft
City Attorney
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, Florida 33321
•
IN WITNESS WHEREOF, the parties have made and executed this Interlocal
. Agreement on the respective dates under each signature; BROWARD COUNTY
through its BOARD OF COUNTY COMMISSIONERS, signing by and through its
Chairman or Vice Chairman, authorized to execute same by Board action on the
day of , 199_, and CITY OF TAMARAC, signing by and through its
Mayor, duly authorized to execute same.
r�
•
ATTEST:
County Administrator and Ex-
Officio Clerk of the Board of
County Commissioners of
Broward County, Florida
COUNTY
CITY
BROWARD COUNTY, THROUGH ITS BOARD
OF COUNTY COMMISSIONERS
Vice Chair
day of , 199_
Approved as to form by Office of County
Attorney, Broward County, Florida, John J.
Copelan, Jr., County Attorney, Governmental
Center, Ste. 423, 115 South Andrews Avenue,
Fort Lauderdale, Florida 33301
CITY OF TAMAR�A�C, FLORIDA
BY:
- - C
Joe S�hreiber, Mayor
ATTEST: Date: October-22.
Carol A. Evans, CMC
City Clerk Robert S. Noe, Jr., City Manager
Date: October 22. 1997 Date: October 22, 1997
Ci
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