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2000-056 RESOLUTION NO. 2000-56 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF AVENTURA TO PROVIDE FOR AN INCREASE IN THE AVAILABILITY OF BOOKS, NEWSLETTERS AND BUSINESS MATERIALS AT THE NORTHEAST BRANCH OF THE MIAMI-DADE PUBLIC LIBRARY; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is authorized to execute the attached Agreement between the City of Aventura and Miami-Dade County to provide for an increase in the availability of books, newsletters and business materials at the Northeast Branch of the Miami-Dade Public Library. Section 2. The City Manager shall obtain quarterly reports from Miami-Dade County detailing expenditure of funds and provide to Commission. Section3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Rogers-Libert, who moved its adoption. The motion was seconded by Vice Mayor Perlow, and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger yes Commissioner Jay R. Beskin yes Commissioner Ken Cohen yes Commissioner Harry Holzberg yes Commissioner Patricia Rogers-Libert yes Vice Mayor Jeffrey M. Perlow yes Mayor Arthur I. Snyder yes Resolution No. 2000-5_~ Page 2 PASSED AND ADOPTED this 5th day of September, 2000. U I. SNYDER/, MAYOR ATTE.~T: ~.~ CITY CLERNV'-----~' APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY AGREEMENT THIS AGKEEMENT is made and entered into this __ day o£ ~ 2000, by and between M~AMI-DADE COUNTY, a political subdivision of the State of Florida, hereinafter "THE COUNTY" and the C1TY OF AVENTURA~ a municipal corporation, hereinafter called "THE CITY." WITNESSETH: WHEREAS, the Northeast Branch library is the primary public library serving the residents o£the City, and WHEREAS, THE COUNTY and THE CITY desire to increase the availability of bestsellers, other popular books, investment newsletters, and business materials at the Northeast branch library. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, it is expressly understood and agreed: ARTICLE 1 CONSTRUCTION OF INTER LOCAL AGREEMENT The word "shall" as used in this Agreement shall in all cases be construed to be mandatory and to require the action so modified by the word "shall" to be taken without regard to the exercise of discretion. ARTICLE II SCOPE AND PURPOSE OF AGREEMENT This Agreement is entered into in order to increase the Northeast branch library's availability of bestsellers and other popular books and investment newsletters and business materials and to set forth the terms upon which the resulting increased costs will be paid. Page 1 of 5 ARTICLE Ill RESPONSIBILITY OF THE PARTIES THE CITY shall pay all costs associated with the increase in the availability of bestsellers and other popular books and investment newsletters and business materials. Specifically, THE CITY shall pay an initial $45,000 for one (1) year to be broken down as follows: · $36,000 per year for a lease plan, which will provide for the immediate establishment of a core collection of 2,000 popular fiction and non-fiction titles as selected by library staff based upon patron's requests that form the basis of a rotating collection. Each month, multiple copies ofbestsellers will be ordered from the library's existing vendor for the branch (approximately 200 books per month) and bestsellers that are no longer popular will be sent back, keeping the lease plan collection at 2,000 currently popular items. The lease plan allows the Library to keep one book for every five returned. These items will then become part of the Miami-Dade Public Library System collection at Northeast Branch and will be made available to all patrons. $9,000 per year for investment newsletters and business services as selected by Library staff based upon branch patron's requests. If this Agreement is continued beyond the initial year, the City will continue to pay for the entire cost of the lease and the subscriptions including any price increases. ARTICLE IV TERM OF THE AGREEMENT The term of this Agreement shall be effective October 1, 2000, and shall continue with automatic ammal renewal until terminated as provi~.d herein. Page 2 of 5 Either party may cancel this Agreement by written notice delivered to the other, but such notice must be delivered at least one hundred and eighty (180) days prior to October 1~t of each year, said cancellation to take effect on October 1~t of that year. ARTICLE V HEAD1NGS Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. ARTICLE VI AGREEMENT'S EFFECT ON OTHER AGREEMENTS; ENTIRE AGREEMENT This Agreement is supplementary to, and not intended to supersede, any other interlocal agreement entered into by and between THE COUNTY and THE CITY. This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. ARTICLE VII REPRESENTATIONS OF THE COUNTY The County represents that (a) this Agreement has been duly authorized, executed and delivered by the board of County Commissioners as the governing body of the County, and (b) it has the required power and authority to perform this Agreement. Page 3 of 5 ARTICLE VIII REPRESENTATIONS OF THE CITY The City represents that (a) this Agreement has been duly authorized, executed and delivered by the Governing Body of the City, and (b) it has the required power and authority to perform this Agreement. ARTICLE IX AMENDMENT TO THE AGREEMENT This Agreement may be modified, altered or amended only by a written amendment duly executed by the parties. ARTICLE X COUNTERPARTS This Agreement may be executed in one or more counterpart(s), each of which shall be deemed an original IN WITNESS WHEREOF, Miami-Dade County, Florida, has caused this Agreement to be executed in its name by the County Manager or his designee, attested by the Clerk of the Board of County Commissioners and has caused the seal of the Board of County Commissioners to be hereto attached; and the City of Aventura, Florida has caused this Agreement to be executed in its name by the City Manager or his designee, attested by the Clerk of the City Council and has caused the seal of the Council to be hereto attached, all on the day and year written above. Page 4 of 5 ATTEST: MIAMII-DADE COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS Harvey Ruvin, By: ~.,~--&~-~ ~7o~* Clerk of the Board County Manager By: ~~_ r Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Assistant County Attorney ATTEST: CITY OF AVENTURA, FLORIDA~[.TS COUNCIL Clerk of~he Cou, ncil ~ By: _ ~ /( ~ fr .,,,, / ~ City Manager /f By: l~ ~ (//" Clerk / ~ / APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attorney Page 5 of 5