HomeMy WebLinkAboutCity of Tamarac Resolution R-98-2211
Temp. Reso #8347
July 13, 1998
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-98-o�a I
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 PROVIDING FOR JOINT FUNDING FOR
THE OPERATING COSTS OF A TEMPORARY BRANCH
LIBRARY IN TAMARAC; REPEALING RESOLUTION R-97-
249; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
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 City Commission approved a proposed agreement in October 1997
to which Broward County requested changes; and
WHEREAS, the City and Broward County have been negotiating a revised contract
since that time; and
and
WHEREAS, the County will be solely responsible for the operations of the library;
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
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Temp. Reso #8347
July 13, 1998
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 interests 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: That 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 ").
SECTION 3: Resolution R-97-249 is hereby repealed in its entirety and all
resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of
such conflict.
f
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Temp. Reso #8347
July 13, 1998
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 thisvZa2day of JL2/Y , 1998.
ATTEST:
CAROL GOL8 CMC/AAE
City Clerk
I HEREBY CERTIFY that I have
alapVved this RESOLUTJON as to form
MITC4LLL S. K
City Attorney
TEMP LIBRARY/rkt
iayE SCHREIBER
or
RECORD OF COMMISSION VOTE
MAYOR
SCHREIBER
DIST 1:
COMM. McKAYE
DIST 2:
V/M MISHKIN
DIST 3:
COMM. SULTANOF
DIST 4:
COMM. ROBERTS
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 E��lay of JV Iq 199 ?, by
and between:
Broward County, Florida
Broward County Governmental Center
115 South Andrews Avenue, Room 325
Fort Lauderdale, FL 33301
(hereinafter referred to as "COUNTY")
MEN
City of Tamarac, Florida
7525 NW 88th Avenue
Tamarac, FL 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:
ARTIC 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(s). The COUNTY and the CITY shall share the burden of the capital and
operating costs on a basis agreeable to both parties.
ARTICLF= 2
REAL PR PE 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
h:
0) 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 $30,185
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 The first year equipment and capital inventories shall be classified as property of the
COUNTY and shall remain such upon termination or expiration of this Interlocal
Agreement, whichever occurs first.
3.4 The years of this Agreement shall be the fiscal year of the COUNTY, commencing
on October 1 and ending on September 30 of the year. 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.
C
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 forth (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 is a state agency as defined in Section 768.28, Florida Statutes, and
agrees to be fully responsible for acts and omissions of its officers, agents or
employees to the extent permitted by law. Nothing herein is intended to serve as
a waiver of sovereign immunity by any party to which sovereign immunity may be
applicable. Nothing herein shall be construed as a consent by a state agency or
political subdivision of the State of Florida to be sued by third parties in any matter
arising out of 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.
112
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.
5.2 This Agreement shall extend over five (5) fiscal years of COUNTY with each fiscal
year commencing October 1 and ending on September 30 of the next year, with the
possible exception of the first fiscal year as set forth in Section 3.4. CITY and
COUNTY agree that since the term of this Agreement extends beyond a single
fiscal year of COUNTY, the continuation of this Agreement beyond the end of any
fiscal year shall be subject to the availability of funds from COUNTY in accordance
with Chapter 129, Florida Statutes.
5.3 CITY and COUNTY agree that this Agreement may be terminated for convenience
by COUNTY, by action of its Board or County Administrator, or by CITY, by action
of its Commission or City Manager, upon not less than thirty (30) days' written
notice of termination for convenience by County Administrator to CITY or by City
Manager to COUNTY. In the event of such termination for convenience by CITY
or COUNTY, the CITY shall be responsible for reimbursing COUNTY for the
operating expenses incurred by COUNTY through the end of the effective
termination date of the Agreement as stated in the written notice of termination for
convenience and in an amount as provided in Section 3.2 of this Agreement.
COUNTY acknowledges that it is not entitled to any further compensation
regardless of which party terminates this Agreement pursuant to this section.
CITY acknowledges and agrees that ten dollars ($10.00) of the compensation to be
paid by COUNTY, the adequacy of which is hereby acknowledged by CITY, is given
as specific consideration to CITY for COUNTY'S right to terminate this Agreement
for convenience.
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COUNTY acknowledges and agrees that ten dollars ($10.00) of the compensation
to be paid by CITY, the adequacy of which is hereby acknowledged by COUNTY,
is given as specific consideration to COUNTY for CITY'S right to terminate this
Agreement for convenience.
5.4 This Agreement shall remain in full force and effect only as long as the expenditures
provided for in the Agreement have been appropriated by the City Commission of
the City of Tamarac in the annual budget for each fiscal year of this Agreement, and
is subject to termination based on lack of funding.
ARTIC E 6
EQUAL OPPORTUNITY
6.1 There shall be no unlawful discrimination against any person in the operations and
activities and in the use or expenditure of the funds or any portion of the funds
provided by this Interlocal Agreement. There shall be affirmative compliance with
all applicable provisions of the Americans with Disabilities Act (ADA) in the course
of providing any services under this Agreement, including Titles I and II of the ADA
(regarding nondiscrimination on the basis of disability), and all applicable
regulations, guidelines, and standards.
6.2 Decisions regarding the delivery of services under this Interlocal Agreement shall
be made without regard to or consideration of race, age, religion, color, gender,
sexual orientation (Broward County Code, Chapter 16 1/2), national origin, marital
status, physical or mental disability, political affiliation, or any other factor which
cannot be lawfully or appropriately used as a basis.for service delivery.
There shall be no violation of the Broward County Human Rights Act (Broward
County Code, Chapter 16 1/2) in the performance of the terms of this Agreement.
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
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any covenant, term, condition or election but the same shall continue and remain
in full force and effect.
ARTICLE 8
SEVERABILITY;�VENUE
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.
8.2 This Agreement shall be interpreted and construed in accordance with and
governed by the laws of the State of Florida. Venue for litigation concerning this
Agreement shall be in Broward County, Florida.
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
nr any other kind of joint undertaking or venture between the parties hereto.
TICL 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, FL 33301
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FOR C TY
City Manager
City of Tamarac
7525 NW 88th Avenue
Tamarac, FL 33321
and
Mitchell S. Kraft
City Attorney
City of Tamarac
7525 NW 88th Avenue
Tamarac, FL 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 Chair and Vice Chair,
author'ed to execute same by Board action on the LtL day of ,
199�, and CITY OF TAMARAC, signing by and through its Ma or,. duly uthorized to
execute same.
ATTEST:
1
County Admi
Clerk of the I
Commissions
Florida
COUNTY
An r°�nd Ex-O% cio -�
34ajbf Corr
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s -of Brgv ` our,
is��;. .,, .,,� `•� • � �
s��M+tIAMooI'�d�,
BROWARD COUNTY, through its Board of
County Commissioners
Approved as to form by
Office of County Attorney
Broward County, Florida
Sharon L. Cruz, Interim County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, FL 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
Andrea S. Froome
Assistant County Attorney
r•'
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
ATTEST:
K-1-44� -
Carol Gold, WC
City Clerk
Date: - 9�
as, to
S. Kraft, C
ASF:smc
tamarac.a01
ttorney
CITY
CITY OF TAMARAC, FLORIDA
/`..
Joe Schreiber, Mayor
Date: j 0 a-2 a
Robert S. Noe, Jr., City Mandger
Date: �v' f
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