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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 11 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 "). 1-1 1 1 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. 0 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. 1 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 al sufficiency: