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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 ./0"4/6: •e��4V[t j3 `1®% _a -- COUNTY rn : —0-- Q OR\, ; 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/