HomeMy Public PortalAbout2004-11 Interlocal Agreement with KB Branch LibraryRESOLUTION NO. 2004-11
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING
INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE
COUNTY AND THE VILLAGE OF KEY BISCAYNE
CONCERNING CONTINUED PROVISION BY COUNTY OF
EXTENDED OPERATING HOURS AT THE KEY BISCAYNE
BRANCH LIBRARY; PROVIDING FOR VILLAGE TO
FURNISH LANDSCAPING MAINTENANCE SERVICES AT
THE KEY BISCAYNE BRANCH LIBRARY TO THE COUNTY
IN EXCHANGE FOR THE COUNTY'S CONTINUED
PROVISION OF EXTENDED HOURS OF LIBRARY
SERVICE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the attached Interlocal Agreement between Miami -Dade County (the "County")
and the Village of Key Biscayne (the "Village") provides for the County to continue to provide
extended hours of operation at the Key Biscayne Branch Library for the benefit of the Village and
its residents in exchange for the Village providing landscape maintenance services at the Key
Biscayne Branch Library for the benefit of the County.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE
OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted
and confirmed.
Section 2. Interlocal Agreement Approved. That the Interlocal Agreement, in
substantially the form attached hereto, between the County and the Village, is hereby approved and
the Village Manager is authorized to execute the Interlocal Agreement, on behalf of the Village, once
approved as to legal form and sufficiency by the Village Attorney.
Section 3. Effective Date. That this resolution shall take effect immediately upon
adoption hereof.
PASSED AND ADOPTED this 9th day of March , 2004.
(-6,14, (-:__
MAYOR ROBERT OLDAKOWSKI
CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGALSUFFICIEN
V 1 AGE • TTO
F:/103.001/Resolution/Approving Interlocal Agreement Re Key Biscayne Branch Library
2
INTERLOCAL AGREEMENT
THIS AGREEMENT, is made and entered this red
day of March, 2004, by and between
Miami -Dade County (the "County"), a political subdivision of the State of Florida, and the Village
of Key Biscayne (the "Village").
WITNESSETH:
WHEREAS, the County and the Village desire to continue to provide landscaping services
specifically for the Key Biscayne Branch Library; and
WHEREAS, the Village of Key Biscayne is both qualified and experienced in the
performance of these landscaping services,
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
SCOPE AND PURPOSE OF AGREEMENT
The purpose of this Agreement is to allow the Miami -Dade Public Library System (the
"Library") to continue to provide increased hours of operation at the Key Biscayne Branch Library.
In exchange for maintaining the increased hours of operation, the Village agrees to provide certain
landscaping maintenance services on the grounds of the Key Biscayne Branch Library at the same
or at a greater level than that which is in place at the time this Agreement is executed. The Village
agrees to provide security services to the County as set forth in this Agreement.
Interlocal Agreement
p. 2 of 8
ARTICLE II
RESPONSIBILITY OF THE PARTIES
1. The County agrees to maintain the Key Biscayne Branch Library operating as
follows: 9:30 a.m. until 6:00 p.m. on Mondays, Thursday, Fridays, and Saturdays; 9:30 a.m. until
9:00 p.m. on Tuesday and Wednesdays; and 1:00 p.m. until 5:00 p.m. on Sundays from October
through May only. This constitutes an increase from the Library's typical operating schedule at
branch libraries. Specifically, this schedule constitutes an increase of 64 hours of monthly service
to the operating schedule from October through May and an increase of 60 hours of monthly service
from June through September.
2. In exchange for the operating schedule described in paragraph 1 above, the Village
agrees to provide landscape maintenance services on the grounds of the Key Biscayne Branch
Library.
3. The Village agrees to provide landscape maintenance services at the same or at a
greater level than that which is in place at the Key Biscayne Branch Library at the time this
Agreement is executed.
4. The Village agrees to provide landscape maintenance service, which includes but
is not limited to all labor, plants, supervision, material, supplies, irrigation system maintenance,
equipment, fertilizer, pesticides, and expertise necessary for proper maintenance of the grass, shrubs,
and trees surrounding the Key Biscayne Branch Library.
Interlocal Agreement
p. 3 of 8
5. The Village further agrees to perform the following routines and schedules:
A. Twelve (12) regular monthly services each year, to include but not be
limited to litter pick-up and removal, pruning shrubbery and ground -cover plants, tree maintenance,
weed control, disease, and pest control and plant replacement;
B. Turf grass mowing and edging service twenty-two (22) times annually; and
C. Fertilization service two (2) times annually.
6. The Village further agrees to perform the following police services on behalf of the
Miami -Dade County Library facility in Key Biscayne and to make it a part of their daily patrol
routine responsibilities:
A. In addition to routine patrol time, the Village of Key Biscayne Police
Department will provide three directed patrols each shift, consisting of an Officer(s) arriving at the
Library location, exiting their vehicle and conducting a foot patrol outside and inside the premises.
These directed patrols are expected to take a minimum of thirty (30) minutes each and would be
conducted on the Day Shift (7 a.m. until 3 p.m.) and the Afternoon Shift (3 p.m. until 11 p.m.), to
cover the operating hours of the Library. The Midnight shift would also conduct three (3) directed
patrols to include foot patrols to the outside of the premises.
B. The expenses incurred in the performance of the above patrols is estimated
to be $150.00 per hour. This calculation includes the cost to the Village of providing salaries,
benefits, gasoline, insurance expenses and depreciations on vehicles for 4.5 hours each day at
$150.00 per hour, for 365 days each year, or an annual cost to the Village of $246,375.00.
Interlocal Agreement
p. 4 of 8
ARTICLE III
TERM
The term of this Agreement shall be effective from October 1, 2004 and shall continue with
automatic renewal every one-year period until terminated or canceled as provided herein.
Either party, through the Village Manager or the County Manager, may terminate or cancel
this Agreement by written notice delivered to the other, but such notice must be delivered at least
sixty (60) days prior to October 1 of each year, said cancellation or termination to take effect on
October 1 of that year. If the Agreement is so canceled, the County may require the Village to
complete any landscaping installation work in progress at the time of the cancellation.
ARTICLE IV
INDEMNIFICATION
The Village shall indemnify and hold harmless the County and its officers, employees,
agents, and instrumentalities from any and all liability, losses, or damages, including attorney's fees
and costs of defense, which the County or its officers, employees, agents or instrumentalities may
incur as a result of claims, demands, suits, causes of action or proceedings of any kind or nature
arising out of, relating to, or resulting from the performance of this Agreement by the Village or its
employees, agents, servants, principals, or subcontractors. The Village shall pay all claims and losses
in connection therewith, and shall investigate and defend all claims suits or actions of any kind or
nature in the name of the County, where applicable, including appellate proceedings, and shall pay
all costs, judgements, and attorney's fees which may issue thereon.
Interlocal Agreement
p. 5 of 8
Provided, however, this indemnification shall only be to the extent and within the limitations of
Section 768.28 Florida Statutes, subject to the provisions of the Statute whereby the Village shall not
be held liabile to pay a personal injury or property damage claim or judgment by any one person
which exceeds the sum of $100,000, or any claim or judgement or portions thereof, which when
totaled with all other claims or judgments paid by the Village arising out of the same incident or
occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims,
liabilities, losses or causes of action which may arise as a result of the negligence of the Village.
ARTICLE V
AGREEMENT'S EFFECT ON OTHER AGREEMENTS; ENTIRE AGREEMENT
This Agreement supersedes only those prior agreements between the parties that explicitly
relate to the maters addressed herein. This writing embodies the entire Agreement and
understanding between the parties hereto, and there are no other agreements or understandings,
written or oral, with reference to the subject matter hereof that are not merged herein and superseded
hereby.
ARTICLE VI
REPRESENTATIONS OF THE PARTIES
The County and the Village represent that this Agreement has been duly authorized, executed, and
delivered by their respective governing boards. The County and the Village further represent that
each has the required power and authority necessary to perform the obligations described in this
Agreement.
Interlocal Agreement
p. 6 of 8
ARTICLE VII
AMENDMENT TO THE AGREEMENT
This Agreement may be modified, altered or amended only by written amendment executed
by the County Manager and the Village Manager, or where appropriate by the Board of County
Commissioners and the Village Council.
ARTICLE VIII
NOTICE
It is understood and agreed between the parties that written notice addressed to the following
parties and addresses shall constitute sufficient notice under this Agreement:
To the County:
To Village:
Raymond Santiago, Director
c/o Miami -Dade County
Library Department
101 West Flagler Street
Miami, Florida 33130
Jacqueline R. Menendez
Village Manager
88 W. McIntyre Street
Key Biscayne, Florida 33149
Interlocal Agreement
p. 7 of 8
ARTICLE IX
COUNTERPARTS
This Agreement is signed in three (3) counterparts, and each counterpart shall constitute an
original of this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
respective and duly authorized officers on the day and year first above written.
MIAMI-DADE COUNTY, FLORIDA,
BY ITS BOARD OF COUNTY
COMMISSIONERS
ATTEST:
Ha ey ubin
Clkrky`the Board
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COUNTY rn :
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by:
Deputy Clerk
By:
Ty4,4J-
ounty Manager
Approved as to form and legal sufficiency:
'i(r)
Co
Assistant County attorney
Interlocal Agreement
p. 8 of 8
VILLAGE OF KEY BISCAYNE, FLORIDA
BY ITS VILLAGE COUNCIL
Y
o form and e : al sufficiency:
Village Attorney/