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Agreement with Dade County /', '... . ''': , . , ' . ,. AGUDIDI'1' .,S%S AGRIIMINT .aeS. and entereeS into thll ;. 0 eSa, of ~ ' lt8~ by and betw..n DADE ~UNTY, . political 'aubdiviaion of the Stat. of 'lorieSa, hereinafter "!BI COUNTY" .neS the CITY or MIAMI lEACH, . .unicipal corporation, hereinafter called "THE CITY." WITlIS8ft111 WHEREAS, THE COUNTY dedi.. to assume the respona1bi~ities of providing library services to the residents of the CITY or MIAMI BEACS, and, WHEREAS, THE CITY is presently operating librari.s for use of residents of the CITY OF MIAMI BEACH and desires to contract with THE COUNTY to provide for operation of said library by THE COUNTY. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable considerations, it is expresslf'understood and agreed: 1. Premises: (a) THE CITY agrees to lease THE COUNTY, for ONE DOLLAR '($1.00) per year, THE CITY'S existing library facilities, furniture, equipment and materials, including but not limited to books presently in use therein. All present city library facUities shall be used solely for library services and in the event THE COUNTY ceases to use such city library facUi ties as described above for this purpose, or builds a new library facility for service of THE CITY OF MIAMI BEACH, then, upon such cessation of use or occupation of new premises, the use of said described property shall revert immediately to THE CITY. (b) THE CITY retains the right to close or to reloeate any of the exbting city libraries to other locations, provided that !BE CITY shall pay all costs to relocate the library and its cont.nts, and further provided that the new location in app~~ved Dy Liatl CO&&u~yuuector of Libraries. In the event '1'BE CITY closes the .xisting main library without relocating it within a I'..sonabl. per iod, this Agr....nt ahall be sub~ect to - cancellation, at the option of THE COUNTY but such cancellation 1 :" . ~ ,! , . . . :j l . . . '" aball b. d..m.d a CITY canc.llation for the purpo... of par.graph 26. 2. T.rm. The term of thia Agreement .han be ...ff.ctlv. Oc- , . tob.r 1"; U86, and' .hall continue until terminat.d .. provid.d herein, .ubject to the terms and condition. contained her.ln. Ei ther party may, canC!el thia contract by wr 1 tten notice d,livered to the other; but' .uch'.notlce mu.t be dellvere~ at lea.t one bundred eighty (180) day. prior to OCtober 1.t of .ach year, .aid cancellation to take effect on OCtober 1.t. 3. Access: It is agreed between THE COUNTY and THE CITY that .aid library lease to THE CITY pursuant to paragraph 1 above, as well as library facilities that may be constructed by THE COUNTY shall be open to use by all residents of THE COUNTY library taxing district and that the residents of the CITY OF MIAMI BEACH shall have the same rights and privileges in the use of other COUNTY libraries as are granted other County residents taxed for library services by THE COUNTY. .c. Service: (a) THE CITY agrees to upgrade its present level of library service to the approximate level of Dade County library service through an ini tial improvement payment to THE COUN'l'Y of $500,000. The improvement funds will be made in five equal pay- ments of $100,000 in October 1986, 1987, 1988, 1989, and 1990. The $100,000 payment each year by THE CITY shall 'be used soley for the purchase of additional books and periodicals for enhancing, i.e. expanding the collection, and such additional books and peri- odicals .ha1l be In addition to the books and periodicals routinely provided by the County as replacements and/or enhance- aent. to the existing collection. (b) THE COUNTY agrees to improve the quality of the present library IJI'!~vj,..~o:: i"!'H~ ('T",V ...,ithln the f; !'rt five yearc of this Agreement to a level at least consistent with the level of .ervlce pre.ent1y provided by THE COUNTY at comparable facilities located .l.ewhere within THE COUNTY, and once the level of .ervlce i.. illproved to a comparable level, then ..rvlce .ball be ..In- . . , 2 '.. r. '. ,',I , ". . " tained at a level conli.tent with county vide. .ervlce. rurther. during the flr.t two (2) year. of thl. Agreement, ~BI COUH~Y I . agree. to automate and integrate the CITY" Ubrar,ie. Into the COUNTYlS library computer .y.tem. s. 'lax PundinGs THE COUNTY ,gree. to levy the .ame millage within the municipal l~mit..of 'IRE CITY.. in other are.. of THE .COUNTY,lib'rary taxing' diatdct.' 6. The Collections 'IRE CITY .gree. to convey to !BE COUNTY its present book atock for continued use in ..id library, and THE COUNT~ agrees to supplement the collection by materials purchased from TBE COUNTY library fund. Upon canceUation of this Agreement, the library book collection belonging to THE CITY as of the effective date of this contract shall be returned to THE CITY, subject, however, to the provisions of paragraph 26 herein. 7. Employment Offered: THE COUNTY agrees to offer employ- ment to all CITY OF MIAMI BEACH employees excepting only the Miami Beach Director of Libraries and all records management personnel, who, on the date of execution of this Agreement are performing duties pertaining to or involving the transferred library and who desire to be transferred to THE COUNTY~ provided, however, that the total number of employees thus transferred to THE COUNTY shall not exceed the number of employees approved in the adopted 1985-86 CITY budget for the library, and that the employment opportunities offered shall be for positions that are comparable to existing OOONTY positions in terms of responsibility, pay scale, based on each employee's education and experience. In the event this Agree- ment 1s cancelled, the CITY will offer re-employment to all CITY employees employed by THE COUNTY under this ~aragraph, with credit . . for continuous years of service and for unused leave earned. 8. Employment Benefits: THE CITY agrees that, subsequent to ~arch 31, 1986, and prior to the e'fe~ti"~ d3~~ ~, t~. m~rger, e~- cept for normal merit and longevity increases, there will be no wage adjustaents, reclass1ficaUons, promotions, upgradings, or other salary or fringe benefit improvements for employee. affected by tb1a transfer. THE c:om1'l'Y will not be r..pon8ibl. for any such 3 '. . " \ .'. (b) THE COUNTY will make the final decision regarding the appropriate classification for each employee. If the pay rate calculated in (a) above is not equal to a pay step within the COUNTY'S pay range (for the COUNTY classification to which the employee is allocated) according to the Pay Plan for THE COUNTY in eft ect at the time of the merger, then the employee's pay rate will be ad- justed to the next highest etep in '1'BE COUN'l'Y' S pay range. (c) The ealary anniveraary date of each CITY employee ahall be the date of the moat recent mp~it pay increasp, '~ngevity pay inrrp.~~ or promotion (exclusing assignment differentials) received from THE CITY, whichever occurred laat. (d) If the aalary annlveraary date .atabltahed 1n . , . .. .,' ." l , . '. \ ". :.~';~':~.'~': (c) .bove wa. OCtober 1, 1'85, or .arlS.r .nd Sf the employee waa placed below the ..xtau. .tep Sn THE COUNTY'S range, . one-.tep In r.nge Sncr.... " . Ih.ll be gr.nt.d, no aooner th.n tOd.y..ft.r.. tran.f.r r.troactlve to OCtober 1, lt86, provided the employee' a per formance dur ing the to day. 11 rated aatilfactory or better by hia .uperviaor during that period. The receipt of . one-.tep r'ange increase Ihall establ18h a new .alary an- niveraary date of OCtober 1, 1986, or the closest pay period thereto. (e) The first time-in-grade longevity pay step shall .be awarded only if the employee's rate in (b) above is either at the maximum pay step in '1'BE COUNTY range or higher and the employee has received no increa.se described in (c) above for fice (5) years or more. The second time-in-grade longevi ty pay step shall be awarded only if the employee's rate in (b) above is at the maximum pay step on THE COUNTY range or higher and the employee has received no increase described in (c) above for ten (10) years or more. Such increase shall be granted retroactive to October 1, 1986, and provided the employee's performance during the 90 days is rated satisfactory or better by his su- perviaor during that period. The receipt of a one-step range increase ahall advance the salar)' anniyersary date by fiye (5) years or ten (10) yeara, reapectiyely. , . . '. (f) If the pay rate calculated in (b) above is greater than the maximum pay atep in ~ COOR'1'Y'S 'pay range and the e.ployee doe. not aeet the cdteda for a time-in-grade longevity pay .tap 5 '. ,', d..or ib.cS in (.) abov., then the ..ployee'. pay rat. Ihall be fro.en (1..., reeS clrcled) until .uoh Ume that the .mployee'l pay rat.. .fall. wl thln THE COUNTY'S pay range or ,he beco... . eligible for a time-in-grade longevlty pay .tep. 10. penlion, Retirement aneS PICA: !HE COUNTY .agree. that . , each employee tranlfeneeS' to THE COUNTY Ihall have the right to either remain in the City pension plan or join thePlorlda Retire- ment System. The aelection of pension plan by the employeas in writing. must be made no later than the date of transfer. THE COUNTY will contribute to the City plan on behalf of those employees who choose to remain in the City plan, but in no event wi-ll THE COUNTY's combined contributions on behalf of such employees to the City pension plan and Social Security exceed the combined rate of contribution made by THE COUNTY on behalf of such employees to the Florida Retirement System and Social Security. , Any excess will be paid by the-individual employees. TSE COUNTY will provide payroll deductions for employee City pension plan contribution. Should a transferred employee elect to join the Florida Retirement System, THE COUNTY will not be required to finance any -past service- credit as authorized under Ch. 121, F.S. Employees who elect to remain in !HE CITY pension plan and who, during their employment with Dade County, wish to retire un- der THE CITY plan must separate from service with THE COUNTY. Such employees may choose to apply for reemployment at that time. 11. Longevity: THE COUNTY agrees that all prior fUll-time paid continuous aervice with TIlE CITY .hall be credited towards TSE COUNTY's fifteen (15) year longevity bonus award as described in Dade County Administrative Order 7-10 dated 10/1/7.. 12. Leave: , ". la, 'Mfr. COUNTY wH! ~r~dH at UJ';"'':~'''":!:: cf transfer an:;. unused aick .leave and unused annual leave earned aince July 1, 1'86, by each employee to their reapective leave account., which leave ..y then be used by the employee in accordance with COUNTY Per.onnel Rul.a, leave regulationa and departmental pollei.a. , , ., ;l.1t '.:., ." , . .. J '. Cb) Aa to tho.e CITY employee. who cho.e to tran.fer to tHE COUNTY under this Agreement, THE CITY a9rt.. to compen.ate !BE . COUHTY for CITY employees for all servic.. iendered or benefits accrued 'prior to July 1, 1986 includin9, but not limited to, ac- IUlatedannual leave, .ick leave, c~mpensatory time, and boliday 1 ave earned prior to October 1, 1986 ~n an as-used basis at the . ,. r~te of .paythat is in 'effect: at ,the time of the use of tbe leav.. Leave earned while employed by THE CITY shall be used in its' en- tirety before leave earned while employed by THE COUNTY. THE COUNTY will invoice THE CITY on a monthly basis in arrears. THE CITY will pay THE COUNTY no later than the 10th d.y of the follow- ing IIOnth. (c) As to thos CITY employees who do not choose to transfer to THE COUNTY, THE CITY will pay each of them their ac- cumulated annual, sick and compensatory leave in accordance with THE CITY's policy at the time of each employee's termination from BE CI'I'Y. 13. Regulations: Upon employment by THE COON'l'Y, all CITY employees so employed shall be subject to Dade County ordinances, resolutions, Personnel Rules, Pay Plan provisions, Department Regulations, and applicable County collective bargaining agreements. 14. Individual Acceptance: CITY employees shall certify in writing their individual acceptance of the jOb classification, pay rate, leave and pay anniversary dates, and leave accruals (if any) to be assigned by THE COUNTY in accordance with Sec. 9(a) through 10Cf) of this Agreement prior to the effective date of this A9reement. IS. Vehicles: It is expressly understood and agreed by the. parties hereto that any and all .otorvehicles (except .Ro~lc.m."h.~ 1,.1l \ that were o~~~ IIind used by THE, ~TT.!_.!..~ . "'Ol"'=':i,!S:!."'" t:'~ with the operation of the libraries leases hereunder shall not be included in the books, ..terial. and equipment transferred by !BE CITY to 'fIlE COUN'1'Y. 16. ProDerty Maintenance: TIlE COUNTY shall, at its sole 7 / ... , ., . ,. , ", eOlt and expen.., malnt.ln both the Interior, ext.rior, plant and equipment of the l....d pr.ml.e. in the ..m. condition of proper ele.nllne.., .tat. of attr.ctiv. appearance of good r.palr a. of " ' the tim" ..id l....d pr.ml.e. w.re tran.ferred to tHl COUNTY by . , tHE,CITY, re.lonabl. wear and ~ea~except.d. Th. City .h.ll ..In- tain,tbe ground.. . , 17. . Indemnifica.tion: ,"0, the ext.nt provided by l'lorida Statutes, THE COUN'l'Y Ihall Indemnify and .ave .harmle.. THE . CITY against any and all claims, luits, actions, d.mag.s or CaUles of actions arising during the term of tbis agreement for any personal injury,' loss of life, or loss of damage to property lustained in or on the leased premises by reason of or as a result of THE COUNTY.s occupancy; use, activities, and operations thereon, from and against any orders, judgments, or decrees which may be .ntered thereon and from and against all costs, attorneys. fees, expenses and liabilities incurred in the defense of any such claim and the investigation thereof for events occurring after October 1, 1986. 18. Alterations: THE COON'!'Y Ihall make no addition, partition, alteration or adjustment to the leased premises or any part thereof in excess of $5,000, without first having obtained the written consent of the City Manager of THE CI'l'Y. All requests by THE COON'!'Y shall be in writing and shall include plans and specifications pertaining thereto. The City Manager of 'l'BE CITY shall authorize any changes or alterations to the leased premises in writing. All work shall be done in a good and workmanlike manner, and THE CODN'1'Y shall obtain the proper permits from '1'BE CI.,r. 19. Utilities: THE OOUN'l'Y 8ball pay for all utilities, in- cluding but not limit.d to water, fu.l, gas, electricity, telephone and a.w.rag. charged. 2,Q. . "ttr_ 9.!:'~.~F~~e~ ~ tpRr. COUNTY ahall '~l!erve all 8eni tary. bealth and public aafety laws and ordinances of 'l'BE CITY. 21. _inent Domain: . In the event anyone or acre of the buildings and premises is taken by eminent domain, !BE CIty ahall \. baye t~e option of applying tb. fund8 received as a result of such . .' ," . I." ..:~ . "'~' . .' -'" ~ .,~ . . ,~ , , proceecUng. to the acqulaltlon or con.tructlon of a comparable library facility on a .ite which .hall be approved by the County Director of Llbrar1e.. Such comparable library. ~acl1lty ahall tber.upo~ be dee.ed .a portion of the demi.ed premlaei a. if '. apecif~cally li.ted herein. If THI CITY doe. not exerciae tbi. \ . option. within one (1) year from the date .aid fund. become avallable, then and in that event, thll Agre,ment .hall be.lubject to cancellation, at the option of THE COUNTY, but lucb cancella- tion .hall' be deemed a CITY cancellation for the purpo.e. of paragraph 26. 22. Cost of Operations: THE COUNTY Ihall assume the entire cost of the operation of the leased premi.es as identified in paragraph 1 of this Agreement, and that there shall be no taxes assessed against THE CITY on said premises, and that THE COUNTY shall assume any such taxes or assessments in the event any are a.sesBed or levied. . 23. Substituted Services: THE C~Y shall have the option to discontinue the use of one or more of the premises or lervices . described elsewhere in this Agreement, however, the discontinuance of the use of the buildings or premises for library purposes shall not relieve THE COUNTY of the obligation to continue the level of library services within THE CITY as provided in paragraph 4 herein. In the event THE COUNTY exercises this option, the property or properties involved shall immediately revert to THE CITY. .1" 24. AssiQnment:. THE COUNTY shall not assign this Agreement, nor . lublet, nor a.sign any portlon of the leased premlles, nor grant any concession whatsoever during the term of this Agreement without first having obtained the authorhationof the City Manager of THE CITY, in wiiting. '1\. IncorpOration~. .,..,.. ~a':"t:!r."~ ~~':~.~ t')u~t THE COUN'l'Y ="'.:::!.l incorporate the city libraries into the existing library depart- .ent of THE COUN'l'Y with the Director reporting directly to the . COUftty ..nager. . . ','"", I: : t .. ., "'. '., .. , . , . . . .... ... ~ ..J .,,- , ' ." 2'. Cancellation. " (a) In the event of cancellation by,.DE' COUNTf~ !'BE CITf .hal~ retain all improvement. and additions to the building. and the ~r.onalty containe~ there1n'pe;formed during the term of this Agreement. Bowever, DE.CITf shall have the option of either . . (1) paying aaintenance and operational cost. of equipment in place or (2) requiring THE COUNTY to remove any equipment at COUNTY expen.e. (b) In the event of cancellation by THE CITY, THE CITY shall reimburse THE COUNTY for the value of all property that may be constructed or improvements by THE COUNTY in the CITY OF MIAMI BEACH, as well as all furniture, equipment and materials, including, but not limited to books, (except that which would be routineiy provided to the libraries each year as enhancements), provided by THE COUNTY during the period'Of this Agreement which are still used or are useful for the operation of these library facilities, less any payments made by CITY pursuant to paragraph 4 (a), less all expenditures made by THE COUNTY which represent re- placements made to existing furniture, equipment and materials, including but not limited to books, and less the value of any donations from private parties used for the Miami Beach libraries. If THE COUNTY constructs improvements on land owned by THE CITY, '1'IIE CITY shall not be required to reimburse THE 00UH'1'Y for the cost of said land, since THE COUNTY will have expended no funds for the acquisition of land. !he value of any of the items trans- ferred by THE CITY to THE COUNTY, upon the execution of this Agreement, shall not be credited to THE COUNTY's account in the event of cancellation of this Agreement. Such property which THE CtVJP.'I'V "'''! ar.quire fr()lft 'l'l'R CITY at no cost"" -':'...~...lOl ( v:.~ t .; ",""" -...... COUNTY sball convey to TIlE eI'lY at the same nominal cost. 'lhe value of the personal and ~eal property (together with the build- ing constructed by !BE COUNTY but excluding the land thereon) to be ~et.bur.ed by !BE CIty to !BE COUNTY, shall be determined by 10 ...,. .' , . . . ~ ! ~ , . ... , j:" " ' , , agreement of the partie. hereto, and if .uoh agreement oan~ot be reached, then luch value Ihan be determined by apprahal. "he value of .uoh real and peraonal property (excluding land) ahall be deterain.d .a follOW'1 . a.. Each party ahal1 appoint one (1) qualified . library appraiaer and one (1) q~alified MAl build- 'ing appraiaer, ,and the value to be paid by "BE . . CITY to THE COUNTY ahall be the average'of the two appraisals on the library content. and the average of the two MAl building appraisal., provided the defference of the apprahala ahall be within ten percent (10') of the highest apprais.al. b. If the appraisals are not within ten percent (10\) of the highest apprai.a1, then said ap- praisers as appointed by the two governing bodies shall jointly meet and shall each-appoint a third appraiser and the average of the two (2) closest appraisals shall be final and binding upon the parties hereto. c.In the event of cancellation by CITY, the CITY will attempt to offer employment to COUNTY employees who were assigned to the Miami B~ach Branch. Upon the expiration of the one-year notice of cancellation of this Agreement, and upon ascertainment of the value of the property to be reimbursed to THE COUNTY by THE CITY, and upon payment of the total amount due to Dade County for both the penonal and real property to be transferred by THE COUNTY to THE CITY, THE COUNTY ahall conv~~ tn ~~ Cy~y! by Quit Claim n~.~t or other acceptr~'~ mmethod of conveyance, including but not limited to Bill of Sale, the library building and it. oontenta as well a. the land conveyed to Dade County purauant to paragraph 1 of thia Agreement. 27. Library Boardl !BE COOHTY ahall, by appropriate action , I \ \ 11 , '" -. ...... '. "J , . . ,. of the Board of County Commi..loner., expand the Library Board of Governor. by two a.at., effective October 1, lt86. ~he appolnt- .enta to tboae poaitlon. by the Board of County Commlaalonera .ball b~'upOn tbe reCOllllllendaUon of the City Manaver. ~RE CI~Y aball, by app~opr late acUon. of tbe.. CI ty Commbdon aboUab tbe City Library B6.rd of ~ru.tee., effec~lv. October 1, 1986. 28. ,Effective Date: ,ThbAgreement ahall become effective October 1, lt86. IN WITNESS THEREOF, the parties hereto have caused tbese presents to be duly executed by their respective officers on tbe day and year first above written. (SEAL) A'l"l'EST: By: ~ >n(k City Clerk DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS CITY OF MIAMI BEACH, FLORIDA BY ITS CITY COMMISSIONERS By: iL-I FllrfM APPROVED LEGAL DEPT. U. A~""~. 06/19/86 Date //"/11 r J 12 MEMORANDUM Agenda Item No. 5 (f) (19) TO: FROM: 101,07.1114 < , , Honorable Mayor and Members Board of County Commissioners Sergio Pereira ~ County Manager ~~/ DATE: SUBJECT: July 15, 1986 City of Miami Beach Library Merger , I The attached resolution and contract was placed on today'. Agenda at the request of the City of Miami Beach Commission. However, I am recommending approval of the Alternate Agenda Item No. 5(f)l9. < . " Agenda Item No. 5(f) {191 7-15-86 RESOLUTION NO. R-l003-86 RESOLUTION APPROVING AGREEMENT WITH THE CITY OF MIAMI BEACH FOR THE MERGER OF THE MIAMI BEACH PUBLIC LIBRARIES INTO THE MIAMI-DADE PUBLIC LIBRARIES SYSTEM WHEREAS, this Board desires to merge the Miami Beach Public Libraries into the Miami-Dade Public Library System on the terms of the attached agreement, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA, that this Board approves the merger of. the Miami Beach Public Libraries into the Miami-Dade Public Libraries System and authorizes the County Manager to execute same for and on behalf of Dade County, Florida. The foregoing resolution was offered by Commissioner Sherman S. Winn , who moved its adoption. The motion was seconded by Commissioner Jorge E. Valdes , and upon being put to a vote, the vote was as follows: Barbara M. Carey Clara Oesterle Beverly B. Phillips James F. Reaford, Jr. Harvey Ruvin Barry D. Schreiber J.orge E. Valdes Sherman S. Winn Stephen P. Clark Aye Nay Aye Nay Absent Aye Aye Aye Aye The Mayor thereupon declared the resolution duly passed and adopted this 15th_day of July , 1986. DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS RICHARD P. BRINKER, CLERK B ' ~.~":"'"1.t'" n:....wl " y "'.;;.,,;v.:" n'r... . Deputy Cle-rk Approved by County Attorney as il)~kA to form and legal sufficiency. ~\ ? / . 1 ~.. - .. - '. ~ tJ/ ~ 'Bud (I FLORIDA 33139 "VACATIONLAND U. S. A," OFF~ 0' TNt CITY lIMNAQllI It. W, 'AIIIK_ CIT., .....111 Clrt HALL 1700 CONYIN11ON ~II DIIlYE TELiPHoNl: .,..,.10 J' ". .Jlrl fiJl CO.lllON MEMORANDUM NO. ~ ~ DATE: FROM: TO: SUBJECT: STArns OF THE LOCAL AGREEMENT WITH DADE COUNTY FOR THE OPERATION OF 1'HE MIAMI BEACH UBRARY SYSTI!M Ptrsuant to the ltine4, 1986, City Commission Meeting and the directive that was given to the Administration concerning the Library Inter local Agreement, a meeting was held on Friday, lll'le 6, 1986, with Mr. David Rosen, Library Board Chairman; Mrs. Carla Bernabei Talarico, Assistant City Manager; Mr. Patrick Brown, Assistant City Attorney; and myself, to discuss the City of Miami Beach's proposal for the merger of the Library system. That proposal incorporated the following changes to the Agreement: I. Paragraph 2(b): The closing of the main Library branch by the City would be considered a cancellation at the option of the COll'lty and not an automatic cancellation as was in the Cot.l'lty proposal. 2. Paragraph 4(a): Added language to assure that the payments made by the City in the amomt of $100,000 per year are to be used solely for. the purchase of additional books and periodicals for enhancing the City's collection. . 1. Paragr.ph.o.>: Added language that required the County to complete within the first. two years the automation and integration of the City'S Library system into the COlWlty's Library computer system. 4. Paragraph 26(b): Clarified the language as to what the City would reimburse the COlWlty for in the event of cancellation by the City. ,. Paragraph 21: Change the County's one-year transitional advisory board to an advisory committee that would make recommendations and comments on the administration and operation of the Library to the COll'lty Administration. The Board would not have a time limit and would be appointed by the Ci tyManager. Meetings were then scheduled with as many of the Comty Commissioners as coUld be arransed. On Thursday, lme 12, 1986, the above mentioned team met with Commissioners lames Redford, Sherman Winn, Beverly Phillips, Harvey Ruvin, and Barry Schreiber to discuss the City'a proposal for the merger as well as to inform the Commissioners of other areas in the Library that were of concern to our citizens. The above COlI'lty Commissioners were not in favor of the advisory board in paragraph 28 but felt that representation by Miami Beach was an important aspect of maintaining the individuality of the City's system. continued... 1 DATE R-7- A - ~-~b AClMDA ITIM ~- 'ilJ ~---- I" " , f A. ,.. ~ Commission Memorandum Page Two June 18, 1986 The City's negotiating team then proposed that the representation on the County's Library Board be expanded by two seats. This position was considered preferable to the City as it then gives the City of Miami Beach direct recommendation and comment to the County Commission on the status of the Miami Beach's Library System. Further, it is the intent of the City Administration to recommend a Miami Beach Library Advisory Committee to report, recommend and comment on the status of the Libraries on a yearly basis to the City Commission and to the Miami Beach representatives on the County Library Board. This Board would be formulated by resoiution, after the passing of the Interiocal Agreement by both the City and the COll'lty. . All of the other items mentioned above were agree~ to by the County Commissioners with whom we met. The County Administration was then informed of the changes to the Agreement including the expansion of the County Library Board by two Miami Beach seats. . The attached Resolution and Interlocal Agreement reflects these changes and is now in final form. Mr. Rosen is out of town but is in agreement with the attached Agreement. ADMINISTRATION RECOMMENDATIONt The Administration recommends that the City Commission adopt the Resolution approving the Inter local Agreement merging the City of Miami Beach Library System with Metropolitan Dade County. I/~ R~:jh Attachments 2 ~ ,II . ,'1 . :..-. ,- ". THIS ~hl~ ( AGREEMENT AGREEMENT made and entered into thh.;:..v day ot , 198~, by and between DADE COUNTY, a political aubdlvlalon ot the State at P'lorlda, herelnatter "Till!: COUN'1'V" all,) the CITY OF MIAMI BEACH, a municipal corporation, hereinafter called "THE CITY." : WITNESSETH: WHEREAS, THE COUNTY desires to assume the responsibilities of providing library services to the residents of the CITY OF MIAMI BEACH 1 and, WHEREAS, THE CITY is presently operating libraries for use of residents of the CITY OF MIAMI BEACH and desires to contract with THE COUNTY to provide for operation of said library by THE COUNTY. NOW, THEREFORE, in consideration of the mutual promises ~nd covenants contained herein, and other good and valuable considerations, it is expressly understood and agreed: 1. Premises: (a) THE CITY agrees to lease THE COUNTY, for ONE DOLLAR ($1.00) per year, THE CITY'S existing library facilities, furniture, equipment and materials, including but not limited to books presently in use therein. All present city library facilities shall be used solely for library services and in the event THE COUNTY ceases to use such city library facilities as described above for this purpose, or builds a new library facility for service of THE CITY OF MIAMI BEACH, then, upon such cessation of use or occupation of new premises, the use of said described property shall revert immediately to THE CITY. (b) THE CITY retains the right to close or to relocate any of the existing city libraries to other locations, provided that THE CITY shall pay all costs to relocate the library and its contents, and further provided that the new location in approved uy ~ne County Director or ~~Drar~es. In the event THE CITY closes the existing main library without relocating it within a reasonable period, this Agreement shall be subject to cancellation, at the option of THE COUNTY but such cancellation . 1 3 ~.: . " , . " 7 shall be deemed a CITY cancellation lor the purposes o~ paragraph 26. 2. Term: The term of this Agreement shall be elfective Oc- tober 1, 1986, and shall continue until terminated as provided herein, subject to the terms and conditiops contained herein. , Either party may cancel this contract by written notice delivered to the other, but such notice must be delivered at least one hundred eighty (180) days prior to October 1st of each year, said cancellation to take effect on October 1st. 3. Access: It is agreed between THE COUNTY and THE CITY that said library lease to THE CITY pursuant to paragraph 1 above, as well as library facilities that may be constructed by THE COUNTY shall be open to use by all residents of THE COUNTY library . taxing district and that the residents of the CITY OF MIAMI BEACH shall have the same rights and privileges in the use of other COUNTY libraries as are granted other County residents taxed for library services by THE COUNTY. 4. Service: (a) THE CITY agrees to upgrade its present level of library service to the approximate level of Dade County library service through an initial improvement payment to THE COUNTY of $500,000. The improvement funds will be made in five equal pay- ments of $100,000 in October 1986, 1987, 1988, 1989, and 1990. The $100,000 payment each year by THE CITY shall be used soley for the purchase of additional books and periodicals for enhancing, i.e. expanding the collection, and such additional books and peri- " odicals shall be in addition to the books and periodicals routinely provided by the County as replacements and/or enhance- ments to the existing collection. (b) THE COUNTY agrees to improve the quality of the n,.,.qent library q.....,;('",.s in THE 1':ITV w;~....~ ~~:" r:,;,,:" ,,,..- ~.~.::r:; of this Agreement to a level at least consistent with the level of service presently provided by THE COUNTY at comparable facilities located elsewhere within THE COUNTY, and once the level of service is improyed to ~ comparable level, then service shall be rnain- 2 1 . :~ . . i . . .. '., l ". tained at a level con.htent with county wide aervice. Further, during the tir.t two (2) yeara or thia Agreement, THE COUNTY agree. to AutomaLe amI 1IlLO~[ale the CITY'S 111.1,.11.. llllu Ih. COUNTY'S library computer system. s. Tax Funding: THE COUNTY Jgrees to, levy the aame millage within the municipal limits of THE CITY as.in other areas of THE COUNTY library taxing district. 6. The Collection: THE CITY agrees to convey to THE COUNTY its present book stock for continued use in said library, and THE COUNTY agrees to supplement the collection by materials purchased from THE COUNTY library fund. Upon cancellat ion of this Agreement,' the library book collection belonging to THE CITY as of the effective date of this contract shall be returned to THE CITY, . subject, however, to the provisions of paragraph 26 herein. 7. Employment Offered: THE COUNTY agrees to offer employ- ment to all CITY OF MIAMI BEACH employees excepting only the Miami Beach Director of Libraries and all records management personnel, who, on the date of execution of this Agreement are performing duties pertaining to or involving the transferred library and who desire to be transferred to THE COUNTY: provided, however, that the total number of employees thus transferred to THE COUNTY shall not exceed the number of employees approved in the adopted 1985-86 CITY budget for the library, and that the employment opportunities offered shall be for posi tions that are comparable. to existing COUNTY positions in terms of responsibility, pay scale, based on each employee's education and experience. In the event this Agree- . ment is cancelled, the CITY will offer re-employment to all CITY employees employed by THE COUNTY under this Paragraph. with credit for continuous years of service and for unused leave earned. 8. Employment Benefits: THE CITY agrees that, subsequent to Mar~h ". 'QA~ ~n~ "rjor to the pPP.~~;QP ~~~~ ~P ~h~ ~~-:-= cept for normal merit and longevity increases, there will be no wage adjustments, reclassifications, promotions, upgradings, or other salary or fringe benefit improvements for employees affected by this transfer. THE COUNTY will not be responsible for any such , 3 ,5- increases or improvement. and in the event o~ an action at law or equity against THE COUNTY to enforce such increa.e, THE CITY agues to indemni ty and hold harmless THE COUNTY for any judgments granted in such actions. It is understood and agreed th~t any such increases or improvements will not be inc~uded in the deter- , mination of base pay for purposes of this transfer but, instead, wages and benefits, except as provided above will be "rolled-back" to March 31, 1986. 9. Employment Compensation: The rate of pay to be paid to each CITY employee upon transfer to THE COUNTY will be determined a:o [ollows: (a) A base hourly pay rate according to the City Pay Plan in existence on March 31, 1986, shall be '" determined for each employee excluding overtime, differential pay, assignment pay and allowances but including longevity pay. (b) THE COUNTY will make the final decision regarding the appropriate classification for each employee. If the pay rate calculated in Cal above is not equal to a pay step within the COUNTY'S pay range Cfor the COUNTY classification to which the employee is allocated) according to the Pay Plan for THE COUNTY in eff ect at the t 1me of the merger, then the employee's pay rate will be ad- justed to the next highest step in THE COUNTY'S . pay range. (cl The salary anniversary date of each CITY employee shall be the date of the most recent r.terit:. "AU i"''''''A,.e~, ''''''"t'',..:a..;t-y r'''Y inrT'-'...~O "... promotion (exclusing assignment differentials) received from THE CITY, whichever occurred last. (d) If the salary anniversary date established in . 4 ?, :.~ . .. , ! . ,..'" - , '-, '. (c) above wa. October 1, 1985, or earlier and ir the employee was placed below the maximum step in THE COUNTY'S range, a one-step in range increase shall be granted, no sooner than 90 days after transfer retroactive to October 1, 198~, provided i the employee's per formance during the .90 days is rated satisfactory or better by his supervisor during that period. The receipt of a one-step range increase shall establish a new salary an~ niversary date of October 1, 1986, or the closest pay period thereto. (e) The first time-in-grade longevity pay step shall be awarded only if the employee's rate in (b) above is either at the maximum pay step in THE COUNTY range or higher and the employee has received no increase described in (c) above for fice (5) years or more. The second time-in-grade longevity pay step shall be awarded only if the employee's rate in (b) above is at the maximum pay step on THE COUNTY range or higher and the employee has received no increase described in (c) above for ten (10) years or more. Such increase shall be granted retroactive to October 1, 1986, and provided the employee's performance during the 90 days is rated satisfactory or better by his su- ... pervisor during that period. The receipt of a one-step range increase shall advance the salary anniversary date by five (5) years or ten (10) years, respectively. (f) If the pay rate calculated in (b) above is greater than the maximum pay step in THE COUNTY'S pay range and the employee does not meet the criteria for a time-in-grade longevity pay step , 5 7 ". ., described in (e) above, then the employee'. pay rate .hall be frozen (1.e., red circled) until such time that the employee' s pay rate rall. within THE COUNT'i'S pay range or he becomes eligible for a time-ln-grade longevity pay step. 10. Pension, Retirement and FICA: THE COU~T'i agrees that each employee transferred to THE COUNT'i shall have the right to either remain in the City pension plan or join the Florida Retire- ment System. The selection of pension plan by the employess in writing must be made no later than the date of transfer. THE COOl-h.t will contribute to the City plan on behalf of those employees who choose to remain in the City plan, but in no event will THE COUNTY's combined contributions on behalf of such . employees to the City pension plan and Social Security exceed the combined rate of contribution made by THE COUNT'i on behalf of such employees to the Florida Retirement System and Social Security. Any excess will be paid by the individual employees. THE COUNT'i will provide payroll deductions for employee City pension plan contribution. Should a transferred employee elect to join the Florida Retirement System, THE COUNTY will not be required to finance any "past service" credit as authorized under Ch. 121, F.S. Employees who elect to remain in THE CITY pension plan and who, during their employment with Dade County, wish to retire un- der THE CITY plan must separate from service with THE COUNTY. Such employees may choose to apply for reemployment at that time. 11. Longevity: THE COUNTY agrees that all prior full-time .. paid continuous service with THE CIT'i shall be credited towards THE COUNTY's fifteen (15) year longevity bonus award as described in Cade County Administrative Order 7-10 dated 10/1/74. 12. Leave: ,"', 'l'RF. C':OUNTY will ~-...,'Ht- '!It the time cf ':- " ~ unused sick leave and unused annual leave earned since July 1, 1986, by each employee to their respective leave accountsJ which leave may then be used by the employee in accordance with COUNTY Personnel Rules, leave regulations and departmental policies. . 6 <J , -. , .' .. . . . -- .... ~If . . '> (b) As to thoee CITY employees who chose to transfer to THE COUNTY under this Agreement, THE CITY agreee to compeneate THE COUNTY for CITY employees for all .ervice. rend..r.d or bene!'ltll accrued prior to July 1, 1986 including, but not limited to, ac- cumulated annual leave, sick leave, compensatory time,~and holiday leave earned prior to October 1, 1986 on an as-used basis at the rate of pay that is in effect at the time of the use of the leave. Leave earned while employed by THE CITY shall be used in its en- tirety before leave earned while employed by THE COUNTY. THE COUNTY will invoice THE CITY on a monthly basis in arrears. THE CITY will pay THE COUNTY no later than the 10th day of the follow- ing month. (c) As to thos CITY employees who do not choose to . transfer to THE COUNTY, THE CITY will pay each of them their ac- cumulated annual, sick and compensatory leave in accordance with THE CITY's policy at the time of each employee's termination from THE CITY. 13. Regulations: Upon employment by THE COUNTY, all CITY employees so employed shall be subject to Dade County ordinances, resolutions, Personnel Rules, Pay Plan provisions, Department Regulations, and applicable County collective bargaining agreements. 14. Individual Acceptance: CITY employees shall certify in writing their individual acceptance of the job classification, pay rate, leave and pay anniversary dates, and leave accruals (if any) to be assigned by THE COUNTY in accordance with Sec. 9(a) through . lO(f) of this Agreement prior to the effective date of this Agreement. 15. Vehicles: It is expressly understood and agreed by the parties hereto that any and all motor vehicles (except Bookmobiles \ th,,~ ...~:.. ....:n~~ ....,il "s~d by THE rT"'V tn '.:onn2cti,:~ with the operation of the libraries leases hereunder shall not be included in the books, materials and equipment transferred by THE CITY to THE COUNTY. 16. Property Maintenance: .. THE COUNTY shall, at its sole 7 y .. . cost and expense, maintain both the interior, exterior, plant and equipment of the leased premiaes in the aame condition or proper cleanline.., .tate of attractive appearance of good repair a. of the time aald lea.ed premiaes were tran.ter red to Tit!:: COUN'l'Y uy THE CITY, reasonable wear and tear, excepted. The City ShAll main- tain the grounds. 17. Indemnification: To the extent provided by Florida Statutes, THE COUNTY shall indemnify and save harmless THE CITY against any and all claims, suits, actions, damages or causes of actions arising during the term of this agreement for any personal injury, loss of life, or loss of damage to property sustained in or on the leased premises by reason of or as a result of THE COUNTY'S occupancy, use, activities, and operations thereon, from ~ and against any orders, judgments, or decrees which may be entered thereon and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim and the investigation thereof for events occurring after October 1, 1986. 18. Alterations: THE COUNTY shall make no addition, partition, alteration or adjustment to the leased premises or any part thereof in excess of $5,000, without first having obtained the written consent of the City Manager of THE CITY. All requests by THE COUNTY shall be in writing and shall include plans and specifications pertaining thereto. The City Manager of THE CITY shall authorize any changes or alterations to the leased premises in writing. All work shall be done in a good and workmanlike manner, and THE COUNTY shall obtain the proper permits from THE . CITY. 19. Utilities: THE COUNTY shall pay for all utilities, in- eluding but not limited to water, fuel, gas, electricity, telephone and sewerage charged. 20. (";~" n>:d5n..f'\Cf!'~ 'T:'RF. "t"\"~''':''' '~~~:~= :11 ~anitary, \- - .. "I ~ L 1 health and public safety laws and ordinances of THE CITY. 21. Eminent Domain: In the event anyone or more of the buildings and premises is taken by eminent domain, THE CITY shall have the option of applying the funds received as a result of such . 8 c / t " ",,4 . . . . ..~..... .. '. proceedings to the acquisition or construction of a comparAble library tacility on a site which shall be approved by the County Olr.ctor ot Libraries. Such comparabl. library facility .hall thereupon be deemed A portion of the demised premises as it specifically listed herein. It THI CITY does not exercise,this option within one (1) year from the date said funds. become available, then and in that event, this Agreement shall be subject to cancellation, at the option of THE COUNTY, but such cancella- tion shall be deemed a CITY cancellation for the purposes of paragraph 26. 22. Cost of Operations: THE COUNTY shall assume the entire cost of the operation of the leased premises as identified in paragraph 1 of this Agreement, and that there shall be no taxes , assessed against THE CITY on said premises, and that THE COUNTY shall assume any such taxes or assessments in the event any are assessed or levied. 23. Substituted Services: THE COUNTY shall have the option to discontinue the use of one or more of the premises or services described elsewhere in this Agreement, however, the discontinuance of the use of the buildings or premises for library purposes shall not relieve THE COUNTY of the obligation to continue the level of library services within THE CITY as provided in paragraph 4 herein. In the event THE COUNTY exercises this option, the property or properties involved shall immediately revert to THE CITY. 24. Assignment: THE COUNTY shall not assign this Agreement, :l nor sublet, nor assign any portion of the leased premises, nor grant any concession whatsoever during the term of this Agreement without first having Obtained the authorization of the City Manager of THE CITY, in writing. ~5 T~~nrnnrl!ltion: "'~~ :-....t;es agree thc:'; ".~.- ::-~-"'-';- incorporate the city libraries into the existing library depart- ment of THE COUNTY with the Director reporting directly to the County manager. . 9 II I I '---- ..:..... .f~~;:...~. 26. Cancellation: (a) In the event ot cancellation by THE COUNTY, THE CITY shall retain all improvements and additions to the buildings and the personalty contained therein performed during the term of this Agreement. However, THE CITY shall have the option of either (1) paying maintenance and operational costs of equipment in place or (2) requiring THE COUNTY to remove any equipment at COUNTY expense. (b) In the event of cancellation by THE CITY, THE CITY shall reimburse THE COUNTY for the value of all property that may be constructed or improvements by THE COUNTY in the CITY OF MIAMI >> BEACH, as well as all furniture, equipment and materials, including, but not limited to books, (except that which would be .c~i~', routinely' provided to the libraries each year as enhancements), provided by THE COUNTY during the period of this Agreem.ent which are still used or are useful for the operation of these library facilities, less any payments made by CITY pursuant to paragraph 4 (a), less all expenditures made by THE COUNTY which represent re- placements made to existing furniture, equipment and materials, including but not limited to books, and less the value of any donations from private parties used for the Miami Beach libraries. If THE COUNTY constructs improvements on land owned by THE CITY, THE CITY shall not be requi red to reimburse THE COUNTY for the cost of said land, since THE COUNTY will have expended no funds .. for the acquisition of land. The value of any of the items trans- ferred by THE CITY to THE COUNTY, upon the execution of this Agreement, shall not be credi ted to THE COUNTY I S account in the event of cancellation of this Agreement. Such property which THE COUNTY mav .....'1.d..~ ....~~ ""I,?" I"T'1'V at no cost: -- :l.,:n1.n~l ....-...,. -....."'" "", _....- .-- COUNTY shall convey to THE CITY at the same nominal cost. The value of the personal and real property (together with the build- ing constructed by THE COUNTY but excluding the land thereon) to be reimbursed by THE CITY to THE COUNTY, shall be determined by . 10 .. I> "".~ . _.~ . _e'" .. ~ . .1< :.., : agreement of the parties hereto, and if such agreement cannot be reached, then such value shall be determined by appraiaal. The vAlue ot: auch eeAl Anl3 pee.onal peovet"ly (eJl~:luJll1~ lan131 .hAll ~c determined as follows: a. Each party shall appoint one (1) qualified library appraiser and one (1) q~alified HAl build- ing appraiser, and the value to be paid by THE CITY to THE COUNTY shall be the average of the two : appraisals on the library contents and the average of the two HAl building appraisals, provided the defference of the appraisals shall be within ten percent (10\) of the highest appraissal. . b. If the appraisals are not within ten percent (10\) of the highest appraisal, then said ap- praisers as appointed by the two governing bodies shall jointly meet and shall each appoint a third appraiser and the average of the two (2) closest appraisals shall be final and binding upon the parties hereto. c. In the event of cancellation by CITY, the CITY will attempt to offer employment to COUNTY employees who were assigned to the Miami Beach Branch. Upon the expiration of the one-year notice of cancellation of this . Agreement, and upon ascertainment of the value of the property to be reimbursed to THE COUNTY by THE CITY, and upon payment of the total amount due to Dade County for both the personal and real property to be transferred by THE COUNTY to THE CITY, THE COUNTY shall convey to THE CITY, bv ('I,dt" "':;,- n",...~ ...... other acce~':~'"~: mrnethod of conveyance, including but not limited to Bill of Sale, the library building and its contents as well as the land conveyed to Dade County pursuant to paragraph l"of this Agreement. 27. Library Board: THE COUNTY shall, by appropriate action . 11 /3 of the Board of County Commissioners, expand the Library Board of Governors by two seats, effective October 1, 1986. The appoi nt- ments to those positions by the Board ot County (.;ommilS:llOIlO:lti shall be upon the recommendation of the City Manager. THE CITY shall, by appropriate action of the C,i ty Commission abolish the City Library Board of Trustees, effeet!ye October 1, 1986. 28. Effective Date: This Agreement shall become effective October 1, 1986. IN WITNESS THEREOF, the parties hereto have caused these pr.c~cnts to be duly executed by their respective officers on the day and year first above written. . (SEAL) ATTEST: DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: By: County Manager Deputy Clerk (SEAL) ATTEST: CITY OF MIAMI BEACH, FLORIDA BY ITS CITY COMMISSIONERS By: .1Ldk. ~ ~ City Clerk By' 4! 4- /LP . Fu~M APPROVED LEGAL DEPT. ~47Jb Date ~/II / ", -- 06/19/86 . 12 Ii ". .t- . ':-c/- . >' , " ~...... ~ . .. "\ STATE OF FLORIDA ) ) SS: COUNTY OF DADE ) I, RICHARD P. BRINKER, Clerk of the Circuit Court in and for Dade County, Florida, and Ex-Officio Clerk of the Board of County Commissioners of said County, DO HEREBY CERTiFY that the above and foregoing is a true and correct copy of Resolution No, R-I003-86 , adopted by the said Board of County Commis- sioners at its meeting heid on July 15 I 19.M.- IN WITNESS WHEREOF, I have hereunto set my hand and official seal on this 21st day of July , A. D. 19 86 RI CHARD, P. BRINKER, Ex-Officio Clerk Board of County Commissioners Dade County, Florida By ~/De~~ SEAL ",.C'........,...,.. /':<~O 1\ € }.. ..,,~;.....-' "'i ... ,. .t...F~. lJ' .. ,:i , \ .....; ....< ...l;:. ') . "" ~ ~ ..p I ,:; .,-' n/ ~ I " '. ../ "'. .I/o.. ..r .;/.' no':).# ...........",.".. Board of County Commissioners Dade County, Florida '02.0'-3 R[Y. 11/72 , . . . RESOLUTION NO. 86-18488 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND DADE COUNTY FOR PROVIDING LIBRARY SERVICES TO THE RESIDENTS OF THE CITY OF MIAMI BEACH. WHEREAS, Dade County ("The County") desires to assume ~he responsibilities of providing library services to the residents of the City of Miami Beach ("The City"); and, WHEREAS, the City is operating libraries for use of residents of the City of Miami Beach and desires to contract with The County to provide for operation of said library by The County; and WHEREAS, an Agreement has been negotiated and prepared, the City Manager has recommended execution of the Agreement and the City Attorney has approved it as to form. NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and'the City Clerk are authorized and directed to execute an Agreement between the City of Miami Beach and The County for providing library serv- ices to the residents of the City of Miami Beach. . PASSED and ADOPTED'this 18th Attest: ~L1~~ >n~ City Clerk .. STAlE OF FLORIDA COUNTY OF DADE: I, ELAINE M. BAKER, City Clerk of the City of Miami Beach, Florida, do hereby certify that the above and foregoing is a true and cor. rect copy of the original thereof on file in this office. Legal Form APP~ . ~#)11 ~ PNB/lsc/6-16 -86 W~TNESS, mY;Sd and the sea!..d Slid City thls~ day of A.D, 19 r b INE M. BAKER c~ 01 the <:tyol M.mi!lelldl,~ /AI~-~ Sm. !XI I ." IS-- J-