HomeMy WebLinkAboutFirst Amendment to Agreement FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN CITY OF
MIAMI BEACH AND MIAMI-DADE COUNTY FOR LIBRARY SERVICES
This First Amendment ("Amendment"), made this 24 day of
January , 200!(> by and between Miami-Dade County, hereinafter called the
"County", and the City of Miami Beach, hereinafter called "the City"
WITNESSETH:
WHEREAS, the County and the City entered into an Agreement for the provision
of Library Services on June 20, 1986 (the Agreement); and
WHEREAS, on March 1, 2005, the County began operating a new Regional
Library within the City, located at 227 22nd Street, Miami Beach, Florida; said new
Regional Library designed and constructed by the City and replacing the former regional
library at 2100 Collins Avenue, which has since been closed and demolished; and
WHEREAS, the City is willing to operate a police substation within the new
Regional Library; and
WHEREAS, in addition, the South Shore Reading Room relocated on February
22, 2005, from its former location at 225_Washington Avenue, to a facility within the
Courts of South Beach Condominium, located at 131 Alton Road, Unit CH-02, Miami
Beach, Florida; and
WHEREAS, the parties desire to amend the existing Agreement to acknowledge
and approve the new facilities, and the police substation.
NOW, THEREFORE, for and in consideration of the mutual covenants contained
herein, the parties agree to amend the Agreement as follows:
1. Paragraph 1 of the Agreement, entitled "Premises", is hereby amended to
add the following new subsection (c) thereto:
(c) The County and the County Director of Libraries hereby
acknowledge and approve the replacement and relocation of the following City library
facilities, as provided and permitted by the Agreement:
(i) the former regional library, located at 2100 Collins Avenue,
Miami Beach, Florida, has been relocated and replaced
with the new Regional Library facility, located at 227 22nd
Street, Miami Beach, Florida, as designed and constructed
by the City and operated by the County since March 1,
2005; and
(ii) the library facility known as the "South Shore Reading
Room", formerly located at 225_Washington Avenue,
Miami Beach, Florida, has been relocated and replaced
with a new library facility located within the Courts of
South Beach Condominium, at 131 Alton Road, Unit CH-
02, Miami Beach, Florida and has been renamed "South
Shore Branch."
2. Paragraph 17 of the Agreement, entitled "Indemnification", is deleted in
its entirety and replaced with the following new paragraph:
17. 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., subject to the
provisions of that Statute whereby the County shall not be held liable to pay a
person injury or property damage claim or judgment by any one person which
exceeds the sum of $100,000, or any claim or judgments of portions thereof,
which, when totaled with all other occurrences, exceeds the sum of $200,000,
from any and all personal injury or property damage claims, liabilities, losses
and causes of action which may arise solely as a result of the negligence of the
County.
The City does hereby agree to indemnify and hold harmless the County to the
extent and within the limitations of Section 768.28 Fla. Stat., subject to the
provisions of that Statute whereby the City shall not be held liable to pay a
person injury or property damage claim or judgment by any one person which
exceeds the sum of $100,000, or any claim or judgments of portions thereof,
which, when totaled with all other occurrences, exceeds the sum of $200,000,
from any and all personal injury or property damage claims, liabilities, losses
and causes of action which may arise solely as a result of the negligence of the
City.
This Paragraph 17 shall survive termination of this Agreement.
3. The following new Paragraph 29, entitled "Maintenance Costs for the new
Regional Library Facility and the South Shore Branch at the Courts of South Beach
Condominium", is added to the Agreement:
29. Maintenance Costs for the new Regional Library Facility and the South
Shore Branch at the Courts of South Beach Condominium: The Parties
hereby acknowledge that, in accordance with Paragraph 22 of the Agreement,
the County shall assume responsibility for the operational costs of the new
Regional Library facility and the new South Shore Branch. The County shall
also reimburse the Miami Beach Redevelopment Agency (RDA) for any and
all payments made by the RDA on behalf of the County for maintenance costs
of the South Shore Branch pending the execution of this Amendment. Upon
execution of this Amendment, the County shall thereinafter be solely
responsible for making regular payments to the Courts of South Beach, Inc.,
or its surviving entity for maintenance of the South Shore Branch facility, said
obligations and costs including, but not limited to, monthly maintenance fees,
periodic assessments, and any and all other costs associated with maintenance
of the facility.
Additionally, upon approval of this First Amendment by the City and the
County, the County shall, concurrent with its execution of this Amendment,
reimburse the City for outstanding water, sewer and stormwater fees for the
Regional Library Facility (as of March 14, 2005).
4. The following new Paragraph 30, entitled "Police Substation at Miami
Beach Regional Library" is hereby added to the Agreement as follows:
30. Police Substation at Miami Beach Regional Library_: The City hereby agrees
to operate a Police Substation within the Miami Beach Regional Library in a
space designated by the Library Director. The County agrees to guarantee
the City twenty-four (24) hour access to the Police Substation located in
Room Number . The 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.
The City agrees to be fully responsible for the installation, maintenance and
security of the network infrastructure for the Police Substation.
Notwithstanding the preceding sentence, the County agrees to provide all day
to day maintenance for the Substation during the Police Substation's hours of
operation, including, but not limited to, routine cleaning, trash and garbage
pick-up, etc., but the County's maintenance responsibilities shall be only to
the extent of similar maintenance services provided by the County hereunder
with respect to its maintenance and operation of the Regional Library facility.
The County shall be responsible for design and installation of signage for the
Police Substation. Such signage will comport with the City's signage
standards. The City shall provide to the County the proper logo and wording
for such signage.
The City will provide the County with a key for access to the Police
Substation, to be used by the County only in the event of an emergency.
5. The following new Paragraph 31, entitled "Entirety of Agreement", is
hereby added to the Agreement as follows:
33. 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 the 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 Interlocal Agreement may be added to,
modified, superseded or otherwise altered, except by the County Manager and
City Manager, or where appropriate the Board of County Commissioners and
the City Commission.
6. Except as amended herein, the Interlocal Agreement remains in full force
and effect and is hereby ratified and confirmed in all respects.
IN WITNESS WHEREOF, the parties hereto have caused their appropriate
officials to execute this Amendment as of the date first written above.
ATTEST: Harvey Ruvin MIAMI-DADE COUNTY, FLORIDA
Clerk of the Board BY ITS BOARD OF
COUNT~MISSIONERS
...'~;s'~';~;~-.,: _ - , ~ ~
~'--~":~ ~:~-~ ~ ,o.... tJe~ cter~: George ~1~. Bu~s, County Manager
W~tness: City of Miami Beach
City Clerk Jori. Go~ez, ~
FSattoXAGURXAGREEMNT~Library Interlocal Agreement with Miami-Dade County - Final.DOC
APPROVED AS TO
FORM & LANGUAGE
~,~ ~}~& FOR F.,.~F..GUTION~