Resolution 2020-31386RESO LUTION NO. 2020-31386
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN AMENDED AND RESTATED
INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI BEACH (THE
CITY} AND MIAMI-DADE COUNTY, FLORIDA (THE "COUNTY") RELATING TO
THE OPERATION OF THE COUNTY'S THREE (3) LIBRARY FACILITIES
WITHIN THE CITY; WITH SUCH AGREEMENT PROVIDING, AMONG OTHER
TERMS, FOR THE RELOCATION OF THE NORTH SHORE BRANCH LIBRARY
AT 7501 COLLINS AVENUE UPON COMPLETION OF THE NEW LIBRARY
FACILITY PROPOSED TO BE CONSTRUCTED AT 299 72ND STREET, AS
PART OF THE 72ND STREET COMMUNITY COMPLEX PROJECT.
WHEREAS, on June 20, 1986, Miami-Dade County (the "County") and the City of Miami
Beach entered into an lnterlocal Agreement related to the County's provision of library services
within the City, approved via County Resolution No. R-1003-86 and City Resolution No. 86-18488;
and
WHEREAS, pursuant to the lnterlocal Agreement, the Miami Beach Public Library and its
two branches, which until then had been operated by the City, became part of the Miami-Dade
Public Library System. Accordingly, the lnterlocal Agreement provided for the County to use and
lease the City's existing library facilities, hire the City's library employees, and be directly
responsible for the provision of library services for the City's residents.
WHEREAS, the lnterlocal Agreement has been amended on various occasions over the
years; specifically, the First Amendment to the lnterlocal Agreement, relating to the relocation of
services to the new regional library at 227 22° Street (the "Miami Beach Regional Library") and
the new South Shore Reading Room at 131 Alton Road, Unit CU-2 ("South Shore Bran ch"), was
adopted by County Resolution No. R-82-06 and City Resolution No. 2005-26060; the Second
Amendment to the lnterlocal Agreement, relating to the operation of the South Shore Branch, was
adopted by County Resolution No. R-102-14 and City Resolution No. 2013-28371; and
WHEREAS, under the existing lnterlocal Agreement, as amended, the County provides
library services within the City at three locations:
1. The Miami Beach Regional Library, 227 22 Street;
2. The North Shore Branch Library, 7501 Collins Avenue;
3. South Shore Branch Library, 131 Alton Road, Unit CU-2; and
WHEREAS, the existing lnterlocal Agreement provides the City with the right to relocate
any existing library facility, provided that the City pays for the costs of the relocation, and further
provided that the new location is approved by the County; and
WHEREAS, the City is proceeding with the design and construction of the 72nd Street
Community Complex Project, to be located at 299 72nd Street, Miami Beach, Florida (the
Project") as part of the City's General Obligation Bond Program; and
WHEREAS, among other program elements, the Project includes a parking garage
structure with 500 parking spaces, a 50 meter competition pool, a fitness center, a community
center, retail space , green space, and a new library , to replace the existing N o rt h S ho re B ranch
at 750 1 C ollins A venue ("N ew Li brary "), subject to the term s of the pro po sed A m e nde d and
R estated lnterlocal A greem e nt w ith the C ounty; and
WHEREAS, the proposed Amended and Restated lnterlocal Agreement is incorporated
as Exhibit "D" to the Commission Memorandum accompanying this Resolution; and
WHEREAS, among other terms, the proposed lnterlocal Agreement memorializes the
parties' mutual agreement with respect to:
(1) the design and programmatic elements for the New Library, and the process for the
County's final approval thereof;
(2) the framework and timing for the relocation of the North Shore Branch Library {which
the City anticipates will take place upon the completion of the Project in 2023 or 2024 ), and City's
reimbursement of the County's relocation costs, in accordance with the requirements of the
original lnterlocal Agreement; and
WHEREAS, the agreed program scope for the New Library will include a program based
on the following minimum areas:
• Entrance Lobby/Guest Services, 575 sq. ft.;
• Multipurpose community meeting room/study room, 950 sq. ft.;
• Young adults and children room, 1445 sq. ft.;
• Main reading room/library collections, 1945 sq. ft.;
• Digital Media/technology and innovation lab, 1445 sq. ft.;
• Staff office, lounge area, separate mechanical, data room, janitorial, 1140 sq. ft.;
• Restrooms as required by code (collectively, the "Program Scope"); and
WHEREAS, in addition to the foregoing, the proposed agreement sets forth the process
for the County's review of the final design for the New Library, to permit the County to verify that
the New Library is ultimately constructed in accordance with the agreed original Program Scope;
and
WHEREAS, the proposed Amended and Restated lnterlocal Agreement also eliminates
terms and provisions from the original lnterlocal Agreement which are no longer applicable, and
clarifies other terms mutually benefiting the City and County, including terms relating to (1) the
Miami Beach Police Department's use of Conference Room 202A at the Miami Beach Regional
Library as a police sub-station; (2) the parking spaces the City provides to County library staff
working at the three library locations within the City; and (3) equitable terms in the event of the
City's termination of the Agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission of the City of Miami Beach, Florida, hereby approve and authorize the Mayor and
City Clerk to execute an Amended and Restated lnterlocal Agreement between the City of Miami
Beach and Miami-Dade County, Florida relating to the operation of the County's three (3) library
facilities within the City; with such Agreement providing, among other terms, for the relocation of
the North Shore Branch Library at 7501 Collins Avenue upon completion of the new library facility
proposed to be constructed at 299 72nd Street, as part of the 72nd Street Community Complex
Project.
PASSED AN D AD O PTED this _lg_day of September, 2020.
ATTEST:
7 Dan Gelber, Mayor
Rafae E. Granado, Ci
1
I
APPR OVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
CL '- tete
iy Arome» Q_pe e
AMENDED AND RESTATED INTERLOCAL AGREEM ENT
BETW EEN
MIAMI-DADE COUNTY
AND
CIT Y OF MIA MI BEACH
This Amended and Restated lnterlocal Agreement ("Agreem ent") is entered into this
d ay of ,2020, between Miami-Dade County, a political subdivision of the
State of Florida (the "County") and the City of Miami Beach, a municipal corporation of the
State of Florida (the "City") (County and City each, a "Party" and collectively, the "Parties").
WITNESSETH
WHEREAS, on June 20, 1986, the County and the City entered into an lnterlocal
Agreement related to the County's provision of library services within the City, approved
via County Resolution No. R-1003-86 and City Resolution No. 86-18488, as amended by
the First Amendment to lnterlocal Agreement, approved by County Resolution No. R-82-
06 and City Resolution No. 2005-26060, and the Second Amendment to lnterlocal
A greem ent, appro ved by County Resolution No. R-102-14 and City Resolution No. 2013-
28371 (collectively, as amended, the "Original Interlocal"); and
WHEREAS, many of the obligations in the Original lnterlocal related to the initial
transfer of the former City-operated libraries to the County's Library System have been
met, including provisions with respect to the County's hiring of former City library
employees and the like; and
WHEREAS, the Original lnterlocal further provided the County with the right to lease
certain City-owned library facilities for nominal rent of $1 per year, solely for the provision
of continued library services; and
WHEREAS, pursuant to the Original lnterlocal, the County leased and operated the
City-owned North Shore Branch Library, located at 7501 Collins Avenue (the "North Shore
Branch Library" or "Existing North Shore Branch Library); and
WHEREAS, the City, as a result of its voter-approved 2018 General Obligation Bond
program, will be moving forward with the design and construction of a project entitled "72%
Street Comm unity Complex Project," to be located at 299 727d Street, Miam i Beach,
Florida, which proposes the inclusion of a new library facility as described in paragraph 18
of this Agreement, to replace the Existing North Shore Branch Library ("New Library"); and
WHEREAS, the County, has been working with the City on the planning and
programmatic elements for the New Library, and supports the relocation of the Existing
North Shore Branch Library and inclusion of the New Library as part of the 727° Street
Community Complex Project; and
WHEREAS, this Amended and Restated lnterlocal Agreement replaces in its
entirety the aforementioned Original lnterlocal, incorporating the terms and provisions that
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will continue to rem ain in effect, updating various term s and pro visions, and incorporating
the necessary term s, pro visions, and exhibits related to the County's and the City's
responsibilities in the design, construction, and eventual operation by the County of the
New Li brary , as well as County's obligations in surrendering and vacating the Existing
North Shore Branch Li brary upon com pletion of the New Library .
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, and other good and valuable considerations, it is expressly understood
and agreed:
1. Premises:
(a) Subject to the terms and conditions of this Agreement, the City agrees
to lease to the County, for one dollar ($1.00) per year, those City properties located at:
(i) 227 22° Street, known as the "Miami Beach Regional Library,"
inclusive of all furniture, fixtures, and equipment purchased by the City as part of the
turnkey construction of this facility; and
(ii) 7501 Collins Avenue, known as the "North Shore Branch
Library," provided, however, that in accordance with Section 18(e) of this Agreement,
County agrees to vacate and surrender the North Shore Branch Library premises within
180 days following the City's delivery of the Relocation Notice to the County; and
(iii) The New Library (upon completion of construction thereof, as
part of the 727° Street Community Complex Project at 299 727° Street), subject to the terms
and conditions set forth in paragraph 18 and Exhibit "A" of this Agreement; and
(iv) 131Alton Road, Unit CU-2, known as the "South Shore Branch
Library" (collectively, the "Leased Premises.")
The Leased Premises shall be used solely for library services, and in the event the County
ceases to use such Leased Premises for this purpose, or builds or leases a new or
replacement library facility in the City, 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
Leased Premises being utilized by the County as library facilities to other locations,
provided that the City shall pay all reasonable costs to relocate the library and its contents,
and further provided that for any new location, the site and/or location, as well as the design
and programmatic elements are approved by the County Director of Libraries, in
accordance with the same process utilized in Section 18(b) of this Agreement with respect
to the County's approval of the Program Scope and Library Specifications for the New
Library. In the event the City closes one of the City-owned properties without relocating it
within a reasonable period, this Agreement shall be subject to cancellation, at the option of
the County but such cancellation shall be deemed a City cancellation for the purpose of
paragraph 16.
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2. T erm : The term of this Agreement shall be effective upon approval by both
the Miami-Dade Board of County Commissioners and the City of Miami Beach Commission
and shall continue until terminated as provided herein, subject to the terms and conditions
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: The Leased Premises (including any future library facilities in the
City that may be replaced, relocated, or newly constructed by the City in accordance with
this Agreement), shall be open to use by all residents of the County library taxing district
and the County's Reciprocal Borrowing Partners. Residents of the City shall have the
same rights and privileges in the use of other County libraries, Reciprocal Borrowing
Partner libraries, and services as are granted other County residents taxed for library
services by the County. The County's current Reciprocal Borrowing Partners include the
libraries in the Cities of Hialeah, Homestead, North Miami, and North Miami Beach.
4. Service and Hours of Operation: The County will continue to provide library
services and amenities to the City at a level consistent with the level of service, staffing,
and hours of operation provided throughout the Miami-Dade Public Library Taxing District,
subject to the availability of funding to the entire Miami-Dade Library Taxing District, which
is approved annually by the Miami-Dade Board of County Commissioners. Miami-Dade
Public Library System library locations will be operated in accordance with all rules and
regulations of the Miami-Dade Public Library System.
5. Tax Funding: The County agrees to levy the same millage within the
municipal limits of the City as in other areas of the Miami-Dade Public Library Taxing
District.
6. Maintenance: The County shall, at its sole cost and expense, maintain,
repair and replace both the interior, exterior, plant and equipment, and grounds (as
applicable) of the Leased Premises in the same condition of proper cleanliness, state of
attractive appearance of good repair as of the time said Leased Premises were transferred
to the County by the City, reasonable wear and tear excepted. The County's maintenance
obligations herein shall include any maintenance, repair or replacement work that may be
required in connection with any forty (40) year recertification of any of the Miami Beach
Regional Library (and subsequent ten (1 O) year re-certifications thereafter). With respect
to maintenance or repairs of the common areas or exterior of the South Shore Branch
Library and the New Library, the County shall pay for its proportionate share of common
area expenses for maintenance and repairs related to the South Shore Branch Library or
New Library (as such may be further delineated in an amendment to this Agreement prior
to the County's relocation to the New Library).
7. Indemnification: The County does hereby agree to indemnify and hold
harmless the City to the extent and within the limitations of Section 768.28 Fla. Stat.,
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subject to the pro visions of that Statute whereby the County shall not be held liable to pay
a p e r s o n a l in ju ry or pro perty dam age claim or judgm ent by any one person which exceeds
the sum of $200,000, or any claim or judgm ents of portions thereof, which, when totaled
w it h all other occurrences, exceeds the sum of $300,000, fro m any and all personal injury
or pro perty dam age claim s, liabilities, losses and causes of action which m ay arise solely
as a result of the negligence of the County.
The City does hereby agree to indem nify and hold harm less the County to the extent and
w ithin the lim itations of Section 768.28 Fla. Stat., subject to the pro visions of that Statute
whereby the City shall not be held liable to pay a personal injury or pro perty dam age claim
or judgm ent by any one person which exceeds the sum of $200,000, or any claim or
judgm ents of portions thereof, w hich, when totaled w ith all other occurrences, exceeds the
sum of $300,000, fro m any and all personal injury or pro perty dam age claim s, liabilities,
losses and causes of action w hich m ay arise solely as a result of the negligence of the
City.
This Paragraph 7 shall surv ive term ination of this Agreem ent.
8. Alterations: The County shall make no addition, partition, alteration or
adjustment to the Leased Premises or any part thereof in excess of $20,000, without first
having obtained the written consent of the City Manager or City Manager's designee. All
requests by the County shall be in writing and shall include plans and specifications
pertaining thereto. The City Manager or City Manager's designee shall authorize any
changes or alterations to the Leased Premises in writing, with such authorization to not be
unreasonably delayed, withheld, or denied. All work shall be done in a good and
workmanlike manner, and the County shall obtain the proper permits from the City or
permitting authority of jurisdiction.
9. Utilities: The County shall pay for all utilities for the operation of the Leased
Premises, including but not limited to water, fuel, gas, electricity, internet, telephone and
sewerage charges, stormwater, unless such utilities are otherwise included as part of
common area maintenance charges paid by the County to the City at any of the Leased
Premises.
10. City Ordinance: The County shall observe all sanitary, health and public
safety laws and ordinances of the City in connection with its use of the Leased Premises
and provision of library services within the City.
11. Eminent Domain: In the event any one or more of the Leased Premises is
taken by eminent domain, the City shall have the option of applying the funds received as
a result of such proceedings to the acquisition or construction of a comparable library
facility on a site which shall be approved by the County Director of Libraries. Such
comparable library facility shall thereupon be deemed a part of the Leased Premises as if
specifically listed herein. If the City does not exercise this option within one (1) year from
the date said funds become available, or the proceedings received by the City for such
eminent domain proceedings are insufficient to pay for the cost of a comparable library
facility, then and in that event, this Agreement shall be subject to cancellation, at the option
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o f the County, and such cancellation shall be deem ed a County cancellation fo r the
p u rp o s e s o f p a ra gr ap h 1 6 .
12. 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 the County shall
assume any such taxes or assessments in the event any are assessed or levied.
Specifically, as it relates to the South Shore Branch Library at 131 Alton Road, the County
is responsible for payment of all fees charged by the Courts of South Beach Condominium
Association (Association), including condominium maintenance fees, periodic
assessments, and any other fees charged by the Association.
13. 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 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, as described in paragraph 1, shall immediately revert to
the City.
14. Assignment: The County shall not assign this Agreement, 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. The County and the City recognize the existing
concession/café area and adjoining courtyard at the Miami Beach Regional Library is a
potential amenity for library patrons, residents, and visitors, and the County shall have the
right to secure an appropriate Tenant/Operator for this space, which Tenant/Operator shall
be subject to the reasonable approval of the City Manager. The County shall assume full
responsibility for Tenant/Operator's use of the concession area/courtyard and shall be
responsible for all taxes and/or impositions resulting from such use, if any.
15. NOT USED.
16. Cancellation:
(a) In the event of cancellation by the County, the City shall retain the
Leased Premises and all fixed improvements and additions thereto; the County shall retain
and remove all furniture, equipment and materials that it owns, including, but not limited to
books and related items from the library's collection provided by the County during the
period of this Agreement.
(b) In the event of cancellation by the City, the City shall reimburse the
County for the value of all fixed or permanent improvements made by the County to the
Leased Premises. Such property which the County may acquire from the City at no cost or
nominal cost, the County shall convey to the City at the same nominal cost. The value of
the fixed improvements made by the County to the Leased Premises (the Library
Improvements) to be reimbursed by the City to the County, shall be determined by
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agreem ent of the parties hereto, based on a straight line am ortization over the useful life
of the fixed/perm anent im pro vem ents. By way of exam ple, if the County's cost of the
Li brary Im pro vem ents was $30,000, and the useful life is ten (10) years, if the City cancels
this Agreem ent at the end of the third year fo llow ing County's installation of the Li brary
Im pro vem ents, then the City shall reim burse the County the am ount of $21,000 ($30,000
divided by 10 years equals $3,000 per year; $3,000 tim es seven (7) years rem aining useful
life equals $21,000). If such agreem ent cannot be reached, then such value shall be
determ ined by appraisal. The value of such Li brary Im pro vem ents shall be determ ined,
based upon the m ethod above, as fo llow s:
(i) Each party shall appoint one (1) qualified M A I building
appraiser, and the value to be paid by the City to the County shall be the average of the
tw o appraisals on the Li brary im pro vem ents and the average of the tw o M A I building
appraisals, pro vided the difference of the appraisals shall be within ten percent (10%) of
the highest appraisal.
(ii) If the appraisals are not within ten percent (10%) of the highest
appraisal, then said appraisers as appointed by the tw o govern ing bodies shall jointly m eet
and shall each appoint a third appraiser and the average of the tw o (2) closest appraisals
shall be final and binding upon the parties hereto.
Upon the expiration of the one hundred eighty (180) days' notice of cancellation of this
Agreem ent, as further described in paragraph 2, and upon ascertainm ent of the value of
the im pro vem ents to the pro perty to be reim bursed to the County by the City, the City shall
pay to the County the total am ount due to M iam i-Dade County.
17. Miami-Dade Public Library Advisory Board: It is understood and agreed
that the City Manager's rights, pursuant to County Ordinance 86-65, to recommend two
membership positions to the Miami-Dade Public Library Advisory Board continues in effect.
18. Terms Related to the New Library and Existing North Shore Branch
Library Relocation:
(a) City's 72d Street Community Complex Project. The City shall be
solely responsible for the development, design and construction of the 72d Street
Community Complex Project (the "Project), at its sole cost and expense. The Project site
is located at 299 72" Street and is currently used as a municipal surface parking lot. The
City anticipates that the Project will include various programmatic elements, such as a 500
space parking structure, a 50-meter competition pool with support amenities, a 25-meter
multi-purpose pool, a 5,000 SF commercial/retail area, a 7,500 SF fitness center, a 5,000
SF community center, a hardened fire and police operations room, 60,000 SF of active
green space, a jogging path, and subject to the terms herein, a New Library (as described
below). The final programmatic elements for the Project are subject to funding availability,
design discussions with the to-be-selected Design/Builder, and approval by the City Mayor
and City Commission.
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(b) Pro gram Scope and Library Specifications. The County agrees to the
Pro gram Scope fo r the New Li brary , a copy of which is attached hereto as Exhibit "A." to
serve as preliminary design guidance for the Design/Builder. The Program Scope includes:
(i) The New Library shall have 7500 gross square feet (SF), with
a program based on the following minimum areas:
1. Entrance Lobby/Guest Services, 575 SF;
2. Multipurpose community meeting room/study room, 950 SF;
3. Young adults and children room, 1445 SF;
4. Main reading room/library collections, 1945 SF;
5. Digital Media/technology and innovation lab, 1445 SF;
6. Staff office, lounge area, separate mechanical, data room, janitorial, 1140
SF; and
7. Restrooms as required by code.
(ii) In addition to the foregoing, as part of the Project, the New
Library shall have the opportunity to use a community meeting room of approximately 2,500
square feet, to be located at the roof/aquatic level of the Project, subject to scheduling
availability in coordination with City's Parks and Recreation Department. The schedule for
the use of the community meeting room may be updated on a regular basis on mutual
agreement of the City Parks Director and the appropriate County library representative, as
needed. The City and the County shall aspire to coordinate and collaborate in developing
programming and events for the benefit of residents and users of the Project.
(iii) The City shall incorporate the County library specifications
attached hereto as Exhibit "B" (the "Library Specifications") as part of the City's design and
construction documents for the Project.
(iv) County and City hereby acknowledge and agree that the
preliminary Program Scope and Library Specifications shall form the basis for the City's
procurement and construction of the New Library. The County, shall be provided with
copies of the architectural and engineering plans at each stage of design and included at
each stage of the design process for the New Library to provide input, feedback, and
comments to the design/build team to ensure the design is developed in accordance with
the Program Scope and Library Specifications, with such input, feedback, and comments
to not be unreasonably withheld or denied. Once the final plans and specifications (the
"Final Design") for the Project are complete, the City shall provide the County with the
opportunity to review the Final Design, for the limited purpose of verifying that the Final
Design reasonably incorporates the County's input provided during the design process, to
ensure the final design has been completed in accordance with the Program Scope and
Library Specifications; the County's confirmation of the foregoing shall not be unreasonably
withheld. In the event the City does not receive any objection to the Final Design within
fourteen (14) business days following receipt by County, the Final Design shall be deemed
approved, and the City shall proceed to obtain final bidding for the Project based on such
Final Design.
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(v) The City shall construct the New Li brary in accordance w ith the
Final Design, as pro vided herein. O nce the Final Design is appro ved, should County desire
m odifications to the Pro gram Scope or Li brary Specifications, the City shall obtain the
contractor's change order pro posal fo r all labor, m aterials and other costs related to such
scope changes, pro vided that the County shall be solely responsible fo r the increm ental
costs thereof. If the City requires m odifications to the Pro ject that reduce or im pact the
Pro gram Scope or Li brary Specifications, then in such event, any such m odification shall
require County's appro val, pro vided that such appro val shall not be unr easonably w ithheld.
(c) County's Responsibility fo r Li brary Contents.
(i) For the avoidance of doubt, as part of its construction of the
Pro ject, the City shall pro vide fo r, at its sole cost and expense, all perm anent fixtures,
carpeting/flooring, and wiring and connectivity infr astructure set fo rth in the Li brary
Specifications. However, that the City shall not be responsible fo r, and shall have no
obligation w ith respect to, any item s not perm anently affixed to the Pro ject, including,
without lim itation, the purchase, or replacem ent of, any existing equipm ent, serv ers,
com puters, telephones, furn iture, counters, shelving, library collection m aterials and other
holdings, contents or personality (collectively, the "Li brary Contents").
(ii) The County, at its sole and absolute discretion, shall determ ine
whether and to what extent it elects to transfer its Li brary Contents fro m the Existing North
Shore Branch Li brary to the New Li brary as part of the Pro ject, or w hether it elects, at its
sole cost and expense, to upgrade its Li brary Contents as part of the relocation to the New
Li brary , w ith such Library Contents becom ing the sole ow nership of the County.
(d) Pro ject Tim eline. The City estim ates that the Pro ject w ill be com pleted
in 2023. The City will pro vide a schedule to the County w ith the estim ated m ilestone dates
fo r the Pro ject's developm ent and fo r appro vals that m ay be necessary by the County and
the City fo r the New Library . The City shall notify the County once construction of the
Pro ject has com m enced, and will include the County in construction m eetings, site visits,
pro vide the County with regular updates to the Pro ject schedule, including, but not lim ited
to, an anticipated date fo r obtaining a tem porary certificate of occupancy and/or final
certificate of occupancy fo r the Pro ject.
(e) Relocation Notice/Surrender of Existing North Shore Bra nch Li brary
Prem ises. As the Pro ject appro aches com pletion, the City shall pro vide County w ith 180
days prior w ritten notice to relocate to the New Library (the "Relocation Notice"). Subject
to City's reim bursem ent of County's costs fo r the relocation to the New Li brary as pro vided
herein, at the conclusion of the 180 day notice period pro vided in the Relocation Notice,
the County shall vacate, quit and surrender the Existing North Shore Branch Li brary
prem ises to the City, bro om clean, and in good order and condition (excepting ordinary
wear and tear).
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(f) City's Reimbursement of Library Relocation Costs.
(i) W ithin thirty (30) days following the County's receipt of the
Relocation Notice, the County shall provide the City with its estimated budget for relocation
costs. The form of the budget, with all of the relevant line items, is attached hereto as
Exhibit "C," and shall include all of County's estimated costs for load-in, load-out,
breakdown, and set up for all Existing North Shore Branch Library equipment and contents,
moving and transportation costs, cleaning costs, and costs of removal and disposal of
surplus or abandoned Library contents (the "Relocation Budget").
(ii) The final Relocation Budget shall be subject to approval by the
County and the City (by and through the City Manager). As required under the lnterlocal
Agreement, the City shall reimburse and/or pay for all costs in accordance with the final
approved Relocation Budget. City's reimbursement shall be made within thirty (30) days
following County's submission to the City of all supporting documentation related to the
reimbursement, including proof of payment of vendors.
(g) New Library/Amendment to Agreement. Any supplemental terms and
conditions with respect to the County's use of the New Library shall be memorialized in an
amendment to this Agreement. Such additional terms and conditions may include any
operational issues specific to the New Library, such as provisions necessary to
memorialize the possible subdivision of the Project as a condominium (if the City
determines it is necessary to do so), em ployee parking spaces to be provided as part of
the Project, operating hours for the New Library, use of the community room, the County's
pro rata share of common area maintenance expenses, and the like.
(h) Utilities / Close Out. County shall be responsible for timely closing
utility accounts for the North Shore Branch Library, and for creating utility accounts for the
New Library. The Parties shall cooperate with each other, and shall exercise good-faith
diligent efforts, to successfully relocate the County to the New Library and to minimize
interference with each Party's ongoing operations.
19. Police Substation at Miami Beach Regional Library: Pursuant to
Resolution R-82-06, the County and City agreed that a Police Substation could be
incorporated into the Miami Beach Regional Library in a space designated by the Library
Director under the following terms and conditions:
(a) County agrees to guarantee the City tw enty-four (24) hour access to
the Police Substation located in Room Number 202 (Conference Room A).
(b) City agrees to maintain the space designated for the Police Substation
in a neat and orderly manner and shall assume all costs of providing furniture, fixtures, and
equipment for the Police Substation space.
(c) City agrees to be fully responsible for the installation, maintenance
and security of the netw ork infrastructure for the Police Substation.
Page 9 of 12
(d) County agrees to pro vide all day to day m aintenance fo r the Police
Substation during the Police Substation's hours of operation, incl uding, but not lim ited to,
ro utine cleaning, trash and garbage pick-up, etc., but the County's m aintenance
responsibilities shall be only to the extent of sim ilar m aintenance serv ices pro vided by the
County hereunder w ith respect to its m aintenance and operation of the Regional Library
facility.
(e) County shall be responsible fo r design and installation of signage fo r
the Police Substation, with such signage com porting with the City's signage standards.
The City shall pro vide to the County the pro per logo and wording fo r such signage.
(f) City will pro vide the County with a key fo r access to the Police
Substation, to be used by the County only in the event of an em ergency.
The County and City agree that the City shall occupy the Police Substation w ithin tw o years
from the date of adoption of this Agreem ent. If the City fa ils to occupy this space as a
Police Substation within said tim e, the County shall have no further obligation to reserv e
this space fo r use as a Police Substation and m ay pro ceed to utilize this space fo r other
library purposes. How ever, if the County has not pro ceeded to utilize this space fo r other
library purposes, the City m ay reclaim the space as a Police Substation upon one hundred
eighty days' written notice of its intent to utilize the space. In such event, the County shall
pro vide the space to the City no later than one hundred eighty days fo llow ing receipt of
such notice from the City.
20. Book Drops: The County shall provide, and the City shall allow for, the
installation of exterior, free-standing book drops at each library location, in a location that
is mutually agreeable to the parties, and, accessible for library patrons to return library
materials 24 hours per day, 7 days per week.
21. Library Employee Parking: The City provides parking at designated
parking facilities for library staff working at the three (3) locations for the Leased Premises,
with approximately forty-four (44) library staff receiving a City parking permit (registered
electronically through City's Parking Department) at no charge to either the library staff or
the County.
(a) The City shall continue the existing arrangement to provide parking for library
staff working at the three (3) locations for the Leased Premises, at no charge to the library
staff or the County, for a total of up to sixty-five (65) parking passes, in the aggregate, with
such parking passes provided via an electronic parking permit, access card, or any such
other access control system as the City may implement from time to time. With respect to
the library staff at the New Library, the City shall provide parking for library staff within the
parking garage where the New Library will be located. With respect to the Miami Beach
Page 10 of 12
Regional Li brary , the afo rem entioned passes shall incl ude access to the new C ollins Park
parking gara ge located at 23"" Stre et and Liber ty A ven ue.
(b) A ny parking passes fo r additional library staff in excess of the sixty-five (65)
parking passes pro vided pursuant to this Section shall be subject to availability and
appro val by the City M anager, w hich appro val shall not be unreasonably denied or
withheld.
22. Signage and Naming: The County shall provide, and the City shall allow,
signage that is in accordance with both, County branding standards and code provisions
for signage at Library facilities, as well as applicable City code provisions for exterior
signage. For the future North Shore Library, the City shall incorporate exterior and interior
wayfinding signage to ensure access to the library.
23. Entirety of Agreement: The Parties agree that this Agreement and Exhibits
hereto set forth the entire agreement between the Parties, with respect to the use of library
facilities. No promises or understandings, other than those stated in this Agreement, exist
between the parties. None of the provisions, terms or conditions contained in this lnterlocal
Agreement may be added to, modified, superseded or otherwise altered, except by the
County Mayor and City Manager, or where appropriate, the Board of County
Commissioners and the City Commission.
24. Governing Law: This Contract is governed by and will be construed in
accordance with the laws of the State of Florida, and in the event of any litigation
concerning the terms of this Contract, proper venue thereof will be in Miami-Dade County.
[ Signature pages to follow]
Page 11 of 12
IN W ITNESS W HEREOF, the parties have caused this Agreement to be executed
on their behalf as of the date first above written.
ATTEST: Harvey Ruvin
Clerk of the Board
BY: ---------
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
[3/,
County Attorney
ATTEST:
BY: ----------
Cit y Clerk
MIAMI-DADE COUNTY
a political subdivision of the State of Florida
By its Board of County Commissioners:
BY: ------------ Ma y or
Miami-Dade County
CITY OF MIAMI BEACH, FLORIDA
BY: -----------
Dan Gelber
Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
e» A(C,' >
City Attorney 42pp
Page 12 of 12
Resol uti on s -C 7 G
MIAMI BEAC H
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
Honorable Mayor and Members of the City Commission
Jimmy L. Morales, City Manager
September 16, 2020
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AMENDED AND RESTATED
INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI BEACH (THE
CITY) AND MIAMI-DADE COUNTY, FLORIDA (THE "COUNTY") RELATING
TO THE OPERATION OF THE COUNTY'S THREE (3) LIBRARY
FACILITIES WITHIN THE CITY; WITH SUCH AGREEMENT PROVIDING,
AMONG OTHER TERMS, FOR THE RELOCATION OF THE NORTH SHORE
BRANCH LIBRARY AT 7501 COLLINS AVENUE UPON COMPLETION OF
THE NEW LIBRARY FACILITY PROPOSED TO BE CONSTRUCTED AT 299
72ND STREET, AS PART OF THE 72ND STREET COMMUNITY COMPLEX
PROJECT.
-- -··- ---
BACKG ROUND/HISTOR Y
On June 20, 1986, Miami-Dade County (the "County") and the City of Miami Beach entered into
an Intertocal Agreement related to the County's provision of library services wit hin the City,
approved via County Resolution No. R-1003-86 and City Resolution No. 86-18488 (Exhibit A).
Pursuant to the lnter1ocal Agreement, the Miami Beach Public Library and its two branches,
which until then had been operated by the City, became part of the Miami-Dade Public Library
System. Accordingly, the lnter1ocal Agreement provided for the County to use and lease the
City's existing library facilities, hire the City's library employees, and be directly responsible for
the provision of library services for the City's residents.
On December 7, 2005, the First Amendment to the lnter1ocal Agreement adopted by County
Resolution No. R-82-06 and City Resolution No. 2005-26060 (Exhibit B), defines
responsibilities for the relocation of services to the new regional library at 227 22nd Street and
the new South Shore Reading Room at 131 Alton Road, Unit CU-2 ("South Shore Branch"),
establishes a police substation at the new regional library, and clarifies the definition of
maintenance fees to include payments by the County of condominium fees at the South Shore
Branch.
On September 30, 2013, the Second Amendment to the lnter1ocal Agreement was adopted, by
County Resolution No. R-102-14 and City Resolution No. 2013-28371 (Exhibit C), relating to
Page 286 of 1855
the South Shore Branch.
Currently, under the existing I nter1ocal Agreement, as amended, the County provides library
services within the City at three locations:
1. The Miami Beach Regional Library, 227 22nd Street;
2. The North Shore Branch Library, 7501 Collins Avenue; and
3. South Shore Branch Library, 131 Alton Road, Unit CU-2.
The existing I nter1ocal Agreement provides the City with the right to relocate any existing library
facility, provided that the City pays for the costs of the relocation, and further provided that the
new location is approved by the County.
ANALYSIS
As a result of the voter-approved 2018 General Obligation Bond, the City is proceeding with the
design and construction of the 72nd Street Community Complex Project, to be located at 299
72nd Stre et, Miami Beach, Florida, which is currently a municipal surface parking lot. The
Administrat ion anticipates that the Project will include various programmatic elements, including:
• A 500 space parking structure;
• A 50-meter competition pool with support amenities;
• A 25-meter multi-purpose pool;
• A 5,000 sq. ft. commercial/retail area;
• A 7,500 sq. ft. fitness center;
• A 5,000 sq. ft. community center;
• A hardened fire and police operations room;
• A 60,000 SF of active green space;
• A jogging path: and
• Subject to the term s of the proposed Amended and Restated I nter1ocal Agreement with the
County, a new library to replace the existing North Shore Branch at 7501 Collins Avenue ("New
Library").
The final programmatic elements for the Project are subject to funding availability, design
discussions with the to-be-selected Design/Builder, and approval by the City Mayor and City
Commission.
City staff has been wo rking with the County on the planning and program matic elements for the
New Library and its inclusion as part of the 72nd Stre et Community Complex Project, in an
effort to secure the County's approval for the relocation, as required in accordance with the
existing lnter1ocal Agreement. To this end, subject to approval by the City Commission and
Board of County Commissioners, respectively, both the City Administra tion and County staff
desire to memorialize their mutual agreement with respect to:
(1) the design and programmatic elements for the New Library, and the process for the County's
final approval thereof; and
(2) the framework and timing for the relocation of the North Shore Branch Library (which the City
anticipates will take place upon the completion of the Project in 2023 or 2024), and City's
Page 287 of 1855
reim burs em ent of the County's relocation costs, in accord ance wi th the requirem ents of the
existing Interlocal A greemen t.
The proposed A m ended and R estated I nterlocal Agreemen t is atta ched as Exhibit "D" to the
Commission Memorandum accompanying this Resolution, and includes the program scope and
terms for the New Library (Program Scope"). The Program Scope provides for the New
Library to have 7500 gross square feet (SF), with a program based on the following minimum
areas:
• Entrance Lobby/Guest Services, 575 sq. ft;
• Multipurpose community meeting room/study room, 950 sq. ft.;
• Young adults and children room, 1445 sq. ft.;
• Main reading room/library collections, 1945 sq. ft.;
• Digital Media/technology and innovation lab, 1445 sq. ft.;
• Staff office, lounge area, separate mechanical, data room, janitorial, 1140 sq. ft.; and
• Restrooms as required by code.
In addition, the New Library will have the opportunity to use a community meeting room of
approximately 2,500 square feet, to be located at the roof/aquatic level of the Project, subject to
scheduling availability in coordination with City's Parks and Recreation Department.
The timing for approval of the I nterlocal Agreement, memorializing the County's agreement to
the Program Scope for the New Library, is critical for the City, as it will permit the Administration
to provide preliminary design and budget guidance as part of the ongoing RFP for the
Design/Builder for the Project. Without this Agreement, the selection of the Design/Builder, and
the completion of the Project, would be delayed.
In addition to the foregoing, the proposed Amended and Restated Interlocal Agreement sets
forth the process for the County's review of the final design, to permit the County to verify that
the Project is ultimately constructed in accordance with the agreed original Program Scope. The
Amended and Restated Agreement also updates the existing Interlocal Agreement, as the
agreement included many provisions related to the original transfer to the County in the 1980s
which are no longer applicable.
Among other terms, the Amended and Restated Agreement clarifies the terms relating to the
Miami Beach Police Department's use of Conference Room 202A at the Miami Beach
Regional Library as a police sub-station; clarifies terms relating to the parking spaces the City
provides to County library staff working at the three library locations within the City; and clarifies
terms with regard to the termination of the Agreement, to provide a more equitable arrangement
for reimbursing the County for the value of unamortized permanent improvements completed by
the County, solely in the event of the City's termination of the Interlocal Agreement.
If approved by the City Commission at its September 16, 2020 meeting, the proposed
Amended and Restated I ntertocal Agreement will be considered by the Board of County
Commissioners at the appropriate Committee in October (most likely the Parks, Recreation and
Cultural Affairs Committee), and by the full Board of County Commissioners in November.
CONCLUSION
Page 288 of 1855
The Adm inistra tion recom m ends that th e M ayor and C ity C om m ission appro ve th e A m ended
and Resta ted Int erlocal Agre eme nt.
Applicable Area
North Beach
ls this a "Residents Right
to Know" item, pursuant to
City Code Section 2-142
Yes
Legislative Tracking
Capital Improvements Projects
Does this item utilize G,O,
Bond Funds?
Yes
ATTACH MENTS;
Description
Item Resolution
Resolution No. 86-18488 (Exhibit A)
Resolution No. 2005-26060 (Exhibit B)
Resolution No. 2013-28371 (Exhibit C)
Amended and Restated iLA (Exhibit D)
Page 289 of 1855
EXHIBIT A
RESOLUTION NO. 86-13488
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAM I BEACH AUTHORIZING THE MA YOR 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 MIAM I BEACH.
WHEREAS, Dade County ("The County") desires to assume „the
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 EACH, FLORIDA, that the Mayor and tne 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 18t
Attest:
4¿ lé,
City Clerk
PNB/ISc/6-16 -86
STATE OF FLORIDA
COUNTY OF DADE:
I, ELAINE M. BAKER, City Clerk of the
City ot Mami Beach, Florida, do hereby certify
that the above and foregoing is a true and or.
rect copy o! the original thereof on file in this
otfice.
WITNESS, my~d and the sul..J:lf uid City
this2 day ot AD. 19 á
INE M. BAKER
2ZA- tat 'z22
Page 292 of 1855
EXHIBIT B
RESOLUTION NO. 2005-26060
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING A FIRST
AMENDMENT TO THE INTERLOCAL AGREEMENT BY AND
BETWEEN THE CITY OF MIAMI BEACH AND MIAMI-DADE COUNTY,
DATED JUNE 20, 1986, PERTAINING TO THE PROVISION OF
LIBRARY SERVICES FOR THE RESIDENTS OF THE CITY OF MIAMI
BEACH, FLORIDA; SAID AMENDMENT REFERENCING THE
RELOCATION OF SERVICES TO THE NEW REGIONAL LIBRARY AND
THE NEW SOUTH SHORE READING ROOM, RESPECTIVELY;
ESTABLISHING A POLICE SUBSTATION AT THE NEW REGIONAL
LIBRARY; AND CLARIFYING THE DEFINITION OF "MAINTENANCE
FEES" TO INCLUDE THE REIMBURSEMENT OF AND FUTURE
PAYMENT BY THE COUNTY OF CONDOMINIUM FEES AT THE NEW
SOUTH SHORE READING ROOM, WHICH IS LOCATED AT THE
COURTS CONDOMINIUM.
WHEREAS, on June 20, 1986, the City and Miami-Dade County entered into an
lnter1ocal Agreement (lnterlocal) pertaining to the respective parties' responsibilities and
obligations associated with the provision of library services in Miami Beach; and
WHEREAS, the subsequent relocation of the Regional Library and the South
Shore Reading Room to their respective new locations at 227 22" Street and 131 Alton
Road, has prompted the need to amend the lnterlocal to reflect the relocation of
services to these new facilities; and
WHEREAS, the City and the County have also agreed to the placement of a
police substation in the new Regional Library facility, located at 227 22" Street, the
conditions for which have to be incorporated into the lnterlocal to address maintenance
thereof, access and hours of operation; and
WHEREAS, pursuant to the Interlocal, the County is responsible for remitting
payment for all operating and utility costs associated with each of the facilities it
operates within the City's boundaries; and
WHEREAS, since the South Shore Reading Room was relocated to a unit in
The Courts Condominium, located at 131 Alton Road, the County has been unable to
pay the monthly condominium maintenance fees for same, claiming that the current
definition of "Maintenance Fees" in the lnterlocal is not broad enough to include the
payment of condominium fees; and
Page 293 of 1855
W HEREAS, the RDA has remitted fees on the County's behalf, totaling (to date)
$21,948 ($1,987 per month), to The Courts Condominium Association, subject to
reimbursement by the County; and
WHEREAS, the lnter1ocal needs to be amended to provide for reimbursement of
any and all condominium payments made by the RDA on behalf of the County, as well
as in the future, clarifying the definition of "Maintenance Fees" in order to reimburse the
City for maintenance fees that the City has advanced on the County's behalf, as well as,
for the future, render the County solely responsible for making regular payments to The
Courts of South Beach Condominium Association, to include monthly maintenance fees,
periodic assessments and any and all other costs associated with the maintenance of
the facility.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve a First Amendment to the lnter1ocal Agreement by and
between the City of Miami Beach and Miami-Dade County, dated June 20, 1986,
pertaining to the provision of library services for the residents of the City of Miami
Beach, Florida; said Amendment referencing the relocation of services to the new
Regional Library and the South Shore Reading Room, respectively; establishing a
police substation at the new Regional Library; and clarifying the definition of
"Maintenance Fees" to include the reimbursement of and future payment by the County
of the condominium fees at the new South Shore Reading Room, which is located at
The Courts Condominium.
PASSED AND ADOPTED this 7th day ff
Attest:
Dávid Dermer
CITY CLERK Robert Parcher
T:AGENDA\2OO5Dec0705\Regular\Library Interlocal Reso.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Page 294 of 1855
C O MM IS S IO N IT E M S U MMA R Y
Condense d Title:
A Resolution approving a first amendment to the Interlocal Agreem ent between the Ci ty and Miami-Dade
County, pertaining to the provision of library services in the City, A) referencing the relocation of services to
the new Regional Library and the New South Shore Reading Room; B) establishing a Police substation in
the new Regional Library; and C) clarifying the definition of maintenance fees to include the payment of
condominium fees at the South Shore Reading Room .
Ke Intended Outcom e Suy orted :
• Increase resident ratings of Public Saf ety Services
lssue:
[ Shall the City adopt the proposed amendment to the lnterlocal?
ltem Summ ary/Recommen dation:
On June 20, 1986, the City of Miami Beach and Miami-Dade County executed an lnterlocal Agreement
pertaining to the respecti ve parties' responsibilities and obligations associated with the provision of library
services in Miami Beach. The recent relocati on of the Regional Library and the South Shore Reading
Room to their respective new loca tions has prompted the need to amend the Intertocal to reflect the
relocation of services to these new facilities as weft as to add certain new provisions regarding the
placement of a Police substation in the new Regional Library and to clarify certain language to allow the
County to pay monthly condominium maintenance fee s assoc iated with the operation of the South Shore
Readina Room.
Advi sory_Boa rd Rec omm en dation :
Financial Infor mation:
So u rc e of Amount Account Ap pro ved
Fun d s : 1
D 2
OBPI Total
Financial Impact Summary:
City Clerk's Offi ce_Leg islative Tracking: I Kent O . Bonde
Slin-Offs :
Rede velopmen t
inator
KOB
Assistant City Man a ger
[llh
Clty Ma n age r
T:AA G E ND A 2 OO 5Dec)7 0 5\R eg ular Lib ra ry Inter local
MI A MI BE A CH a =
A ow A r au.7T
Are 2-7-25
AA#AIBEACH
City of Miami each, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochf.gov
COMMISSION MEMORANDUM
TO: Mayor David Dermer and Members of the City Commission
FROM:
DATE:
SUBJECT:
city Manager Jorge M. Gonzalo \_„
December 7, 2005 O
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO THE
INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF MIAMI
BEACH AND MIAMI-D ADE COUNTY, DATED JUNE 20, 1986, PERTAINING
TO THE PROVISION OF LIBRARY SERVICES FOR THE RESIDENTS OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A FIRST
AMENDMENT TO THE INTERLOCAL AGREEMENT BY AND BETWEEN
THE CITY OF MIAMI BEACH AND MIAMI-DADE COUNTY, DATED JUNE
20, 1986, PERTAINING TO THE PROVISION OF LIBRARY SERVICES FOR
THE RESIDENTS OF THE CITY OF MIAMI BEACH, FLORIDA, SAID
AMENDMENT REFERENCING THE RELOCATION OF SERVICES TO THE
NEW REGIONAL LIBRARY AND THE NEW SOUTH SHORE READING
ROOM, RESPECTIVELY; ESTABLISHING A POLICE SUBSTATION AT
THE NEW REGIONAL LIBRARY; AND, CLARIFYING THE DEFINITION OF
"MAINTENANCE FEES" TO INCLUDE THE REIMBURSEMENT OF AND
FUTURE PAYMENT BY THE COUNTY OF CONDOMINIUM FEES AT THE
NEW SOUTH SHORE READING ROOM, WHICH IS LOCATED AT THE
COURTS CONDOMINIUM.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the Amendment as proposed.
ANALYSIS
On June 20, 1986, the City of Miami Beach and Miami-Dade County executed an
lnterlocal Agreement pertaining to the respect ive parties' responsibilities and obligations
associated with the provision of library services in Miami Beach. The recent relocation
of the Regional Library and the South Shore Reading Room to their respective new
locations has prompted the need to amend the lntertocal to reflect the reloca tion of
services to these new facilities as well as to add certain new provisions regarding the
placement of a Police substation in the new Regional Library and to clarify certain
language to allow the County to pay monthly condominium maintenance fees associated
with the operation of the South Shore Reading Room.
Police Substation
In order to enhance community policing initiatives already underway in the Collins Park
neighborhood, the City and the County have agreed to the placement of a police
substation in the new Regional Library facility locat ed at 227 22" Street. Pursuant to the
proposed amendment, the Police Department would have after-hour access to the
facility, thereby affording the opportunity for 24-hour presence in the area.
Page 296 of 1855
December 7, 2005
City Commission Memorandum
Amendment to Library Interlocal
Page 2 of 2
Maintenance Costs
Pursuant to the Interlocal Agreement in its current form, the County is responsible for
remitting payment for all operating and utility costs associated with each of the facilities it
operates within the City's boundaries. In January, 2005, the South Shore Library
branch was relocated to a 5,000 square foot condominium space in the Courts Project,
located at 131 Alton Road, which was purchased by the Miami Beach Redevelopment
Agency specifically for this purpose, pursuant to Resolution No. 444-2003. Since this
time however, the County has been unable to pay the monthly condominium
maintenance fees, claiming that the current definition of maintenance fees in the
lnterlocal isn't broad enough to include the payment of condominium fees.
Consequently, the RDA has remitted fees totaling $21,948 ($1,987 per month), to the
Condominium Association, on behalf of and subject to reimbursement by the County.
The proposed Amendment not only provides for reimbursement of any and all payments
made by the RDA on behalf of the County, but also renders the County solely
responsible for making regular payments to the Courts of South Beach, to include
monthly maintenance fees, periodic assessments and any and all other costs associated
with the maintenance of the facility.
Additionally, there are certain outstanding water, sewer and storrnwater fees which
remain unpaid from the old Regional Library facility totaling $13,342. The Amendment
requires the County to continue working with the City's Utility Billing Office to resolve this
discrepancy.
Adoption of the Amendment is necessary in order to clarify these obligations and to
ensure continuing compliance with the Interlocal Agreement.
JMG/TH IKOB
Attachment
T:AGENDA\2OO5Dec.O 705Regular\Library inter\ocal Memo.doc
Page 297 of 1855
EX H IBIT C
RESOLUTION NO. 2013-28371
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A SECOND AMENDMENT TO THAT CERT AIN AGREEMENT
BETWEEN MIAMI-DADE COUNTY, FLORIDA (COUNTY) AND THE CITY OF MIAMI
BEACH, FLORIDA (CITY) RELATING TO THE LIBRARY LOCATED AT 131 ALTON
ROAD, UNIT CU-2, MIAMI BEACH, FLORIDA (SOUTH SHORE BRANCH),
PROVIDING FOR THE CONTRIBUTION OF ONE HALF THE CONDOMINIUM FEES
ASSESSED AGAINST THE SOUTH SHORE BRANCH FOR THE FISCAL YEAR 2013-
2014, IN AN AMOUNT NOT TO EXCEED THE SUM OF $16,365.78, CONTINGENT
UPON THE COUNTY AGREEING TO MAINT AIN THE CURRENT HOURS OF
OPERATION AND CURRENT STAFFING LEVELS.
WHEREAS, pursuant to Resolution No. R-1003-86, adopted by the Miami-Dade Board
of County Commissioners on July 15, 1986, and Resolution No. 86-18488, adopted by the City
Commission of the City of Miami Beach on June 18, 1986, an Agreement between the City and
County was executed, in connection with the merger of the library services within the City of
Miami Beach, Florida (the "Agreement"); and
WHEREAS, pursuant to Resolution No. R-82-06, adopted by the Miami-Dade Board of
County Commissioners on January 24, 2006, and Resolution No. 2005-26060, adopted by the
City Commission of the City of Miami Beach on December 7, 2005, the Agreement was
subsequently amended by First Amendment to lnterlocal Agreement between City of Miami
Beach and Miami-Dade County for Library Services, dated January 24, 2006 (First
Amendment"), collectively referred to herein as (the "Agreement"); and
WHEREAS, the First Amendment included expanding the definition of "Premises" to
include a new library location at 227 22"° Street, Miami Beach, FL, including establishing the
operation of a City Police Substation at this location ("Regional Library Facility"), and the
relocation of the South Shore Reading Room to approximately 5,000 square feet of air
conditioned and heated office space, located at the Courts of South Beach Condominium, 131
Alton Road, Unit CU-2, Miami Beach, Florida ("South Shore Branch"); and
WHEREAS, pursuant to the First Amendment, as part of the "Cost of Operation", the
County is responsible for payment of all fees charged by the Courts of South Beach
Condominium Association (the "Association") for the South Shore Branch premises, including
condominium maintenance fees, periodic assessments, and any other fees charged by the
Association (Condominium Fees"); and
Page 298 of 1855
WHEREAS, the Agreement has been successively renewed every year and is currently
in the twenty-seventh renewal option period, which commenced on October 1, 2013 and
terminates on September 30, 2014 under the same terms and conditions; and
WHEREAS, in order to keep the South Shore Branch open, the County has requested
that the City contribute one half of the estimated Condominium Fees assessed against the
South Shore Branch for the fiscal year 2013-2014, totaling $32,731.56, for a total contribution of
$16,365.78 (City's Contribution); and
WHEREAS the City has agreed to make the City's Contribution, effective October 1,
2013, so long as the City's Contribution does not exceed the total sum of $16,365.78, and
additionally contingent upon the County maintaining the current hours of operation and current
staffing levels at the South Shore Branch;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the Mayor and City Clerk to execute Amendment
No. 2 to that certain agreement between Miami-Dade County, Florida (County) and the City of
Miami Beach, Florida (City), relating to the library located at 131 Alton Road, Unit CU-2, Miami
Beach, Florida (South Shore Branch), providing for the contribution of one half the condominium
fees assessed against the South Shore Branch for the fiscal year 2013-2014, in an amount not
to exceed the sum of $16,365.78, contingent upon the County agreeing to maintain the current
hours of operation and current staffing levels.
PASSED AND ADOPTED THIS 30TH DAY OF SEPTEMB
ATTEST:
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APPROVED AS TO
FORM & LANGUAGE
UTION
-Wk
7 "
Rg_ •Ngy Bugle±is and Commisslon
R9B Discussion Regarding Miami-Dade County's Request For Contribution Toward
The Operational Cost Of South Shore Library.
(City Manager's Oflce)
Agenda tom R9 B
Date %-3-3