THE LIBRARIES DIVISION RECOMMENDS APPROVAL OF THE ABOVE MOTION.
On December 14, 1999 (Agenda Item 80), the Board of County Commissioners (Board) approved an Agreement with Nova Southeastern University (NSU) for the design, construction, and operation of a joint-use library and parking garage. This agreement has been amended on six occasions to reduce the County’s payment obligations for operating expenses, materials expenses, and parking garage construction costs.
On October 2, 2007 (Agenda Item 18), the Board approved a First Amendment to the Agreement with NSU to temporarily modify the County’s payment obligations for operating expenses and expenses for library materials, temporarily reduce the parking spaces available to the public (from 843 spaces to 190 spaces) and the County’s obligation for construction costs of the parking garage from October 1, 2007 - June 30, 2009. As a result of the First Amendment, the County’s obligation for parking garage construction costs were reduced by $697,404 from October 1, 2007, through June 30, 2009. Additionally, the County’s costs for operating and materials expenses were reduced by $422,712.
On November 13, 2008 (Agenda Item No. 82), the Board retroactively approved the Second Amendment to the Agreement with NSU to temporarily reduce the County’s payment obligations by $524,935 for operating expenses and library materials from October 1, 2008, to September 30, 2009.
On August 25, 2009 (Agenda Item No. 42), the Board approved the Third Amendment to the Agreement with NSU that released the County from future parking garage construction costs in the amount of $10,739,831. At such time as NSU has completed the payments for parking garage construction costs, the County and NSU will renegotiate the terms of the Third Amendment regarding the continuation of parking garage fees; the amount of parking garage fees; and the distribution of the revenues.
On October 27, 2009 (Agenda Item No. 7), the Board retroactively approved the Fourth Amendment to the Agreement with NSU to temporarily reduce the County’s payment obligations by $411,487 for operating expenses and library materials from October 1, 2009 to September 30, 2010. Additionally, NSU agreed to defer the County’s obligation, pursuant to Section 6 of the Original Agreement, of an initial payment of $2.5 million for the fifth floor build-out to January 2, 2014.
On May 24, 2011 (Agenda Item No. 21), the Board approved the Fifth Amendment to the Agreement with NSU to temporarily reduce the County's payment obligations by $200,750 for operating expenses and library materials from October 1, 2010 – September 30, 2011. Reductions in the County's obligations were carried forward from the previous amendments. Additionally, the Board authorized the Contract Administrator to enter into a Sixth Amendment to the Agreement if necessary to further reduce the County's payment obligations for Fiscal Year 2012.
On December 8, 2011, the County Administrator approved the Sixth Amendment to the Agreement with NSU to reduce the County’s payment obligation for Fiscal Year 2012 by $58,397 for operating and library materials. Reductions in the County's obligations were carried forward from the previous amendments.
On February 5, 2013 (Agenda Item No. 14), the Board retroactively approved the Seventh Amendment to the Agreement with NSU to reduce the County's payment obligation for FY2013. After applying the previously agreed-upon reduction amounts; the County’s Fiscal Year 2013 contribution to operating expenses and materials was further reduced by $133,024.
County staff and NSU negotiated the proposed Eighth Amendment to the existing Agreement at two Sunshine Meetings held on December 3, 2013 and January 10, 2014.
The County’s monthly payment amounts for operating expenses will be $309,264 per month from October 1, 2013, to June 30, 2014; and $318,542 from July 1, 2014, to September 30, 2014. The County’s annual payment obligation for materials is $783,805. The Eighth Amendment was signed by NSU on April 10, 2014. The Office of the County Attorney and Risk Management Division has reviewed this amendment and approved as to form. |