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HomeMy WebLinkAboutR-2006-022 Enterprise Zone Establishment RESOLUTION NO. 2006-022 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT WITH BROWARD COUNTY AND THE CITIES OF FORT LAUDERDALE AND LAUDERHILL,PERTAINING TO ESTABLISHMENT OF AN ENTERPRISE ZONE DEVELOPMENT AGENCY;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That that certain Interlocal Agreement with Broward County and the cities of Fort Lauderdale and Lauderhill, pertaining to establishment of an Enterprise Zone Development Agency for the City of Dania Beach,the County and the other cities, in substantial form as Exhibit "A", attached, is approved and the proper City officials are authorized to execute it. Section 2. That the City Manager and City Attorney are authorized to make minor revisions to such Agreement as are deemed necessary and proper for the best interests of the City. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon passage and adoption. PASSED AND ADOPTED on February 14, 2006. a"�_� 60.� ANNE CASTRO MAYOR-COMMISSIONER :,kTTEST: ROLL CALL: COMMISSIONER ANTON - YES 00 COMMISSIONER BERTINO - YES LOUISE STILSON, CMC COMMISSIONER MCELYEA - YES CITYCLERK VICE-MAYOR FLURY - YES MAYOR CASTRO - YES APPROVED AS TO FO AND CORRECTNESS 4— BY: 4 THOM S j,/AN' M3ko CITY ATTORNEY f CITY OF DANIA BEACH MEMORANDUM TO: Mayor and Commission CC: Ivan Pato, City Manager Larry Leeds, Community Development Director FROM: Thomas J. Ansbro, City Attorney DATE: February 2, 2006 RE: Interlocal Agreement Among City, Broward County and the Cities of Fort Lauderdale and Lauderhill for Creation of an Enterprise Zone Agency • An Interlocal Agreement has been prepared by Broward County in conjunction with the Enterprise Zone application for creation of an " Enterprise Zone" which was submitted late last year to the applicable state agency. The Agreement provides for the creation of an Enterprise Zone Agency in which our City and Lauderhill will have one board appointment each, two from the County and five appointments will be made by Fort Lauderdale, based upon the entities' proportionate shares of areas encompassed by the zone designation. There is no ability of the Agency to financially obligate the City or any other entity but there are a number of reporting requirements that will have to be met to satisfy state requirements (e.g., identify the number and type of businesses assisted during the fiscal year, the number of jobs created during the year). The Agreement is ready for City execution after City Commission approval by means of an authorizing Resolution. TJA:slw Attachments INTERLOCAL AGREEMENT AMONG BROWARD COUNTY AND THE CITIES OF FORT LAUDERDALE, LAUDERHILL AND DANIA BEACH RELATING TO THE FORT LAUDERDALE/BROWARD COUNTY/LAUDERHILL/DANIA BEACH ENTERPRISE ZONE This Interlocal Agreement regarding the Fort Lauderdale/Broward County/Lauderhill/Dania Beach Enterprise Zone, hereinafter referred to as "Enterprise Zone," and the Fort Lauderdale/Broward County/Lauderhill/Dania Beach Enterprise Zone Development Agency, hereinafter referred to as "EZDA" or "Agency", is made and entered into this _ day of , 2006, by and among BROWARD COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" and the CITY OF FORT LAUDERDALE, a municipal corporation of the State of Florida, hereinafter referred to as "FORT LAUDERDALE," and CITY OF LAUDERHILL, a municipal corporation of the State of Florida, hereinafter referred to as "LAUDERHILL," and CITY OF DANIA BEACH, a municipal corporation of the State of Florida, hereinafter referred to as "DANIA BEACH," collectively referred to as the "Parties." WITNESSETH: WHEREAS, the Florida Enterprise Zone Act of 1994 authorized the application to the State of Florida for enterprise zones; and WHEREAS, pursuant to the Florida Enterprise Zone Act of 1994 FORT LAUDERDALE and COUNTY found that certain conditions existed within the nominated area and authorized the application to the State of Florida for the City of Fort Lauderdale/Broward County Enterprise Zone as evidenced by the City's Commission's adoption of Resolution No. 95-50 on April 18, 1995 and the County Commission's adoption of Resolution No. 95-336 on April 11, 1995; and WHEREAS, the nominated area was designated as a state enterprise zone by the State of Florida with an effective date of June 17, 1995; and WHEREAS, pursuant to the Florida Enterprise Zone Act of 2005, FORT LAUDERDALE and COUNTY each adopted resolutions (Resolution No. 05-196 dated November 15, 2005 for FORT LAUDERDALE, and Resolution No. dated , 20_, for COUNTY) and submitted to the State their applications for redesignation of the Enterprise Zone which explained the reasons and conditions for which the Enterprise Zone merited redesignation; and WHEREAS, the redesignation was necessary to continue participation in the Florida Enterprise Zone Program past the expiration date of December 31 , 2005, until December 31, 2015; and 1 WHEREAS, Section 290.0065(4)(a)3, Florida Statutes (2005) provides that a governing body may also submit a request for a boundary change in an enterprise zone in the same application for redesignation; and WHEREAS, FORT LAUDERDALE adopted Resolution No. 2005-196 on November 15, 2005, COUNTY adopted Resolution No. on , 20_, LAUDERHILL Resolution No. 2005R-11-376 on November 14, 2005, and DANIA BEACH adopted Resolution No. 2005-186 on November 22, 2005, requesting redesignation of the Fort Lauderdale/Broward County Enterprise Zone and also seeking a boundary change to include new areas within LAUDERHILL and DANIA BEACH to be known as the Fort Lauderdale/Broward County/Lauderhill/Dania Beach Enterprise Zone; and WHEREAS, the new nominated area complies with the requirements of the Florida Enterprise Zone Act; and WHEREAS, the Parties desire to enter into this Interlocal Agreement to set forth the terms and conditions upon which each party will cooperatively work together to carry out the Florida Enterprise Zone activities; NOW, THEREFORE, IN CONSIDERATION. OF THE FOREGOING AND THE MUTUAL COVENANTS AND AGREEMENTS, THE PARTIES HEREBY AGREE AS FOLLOWS: • 1. As authorized by Section 290.0065, Florida Statutes (2005), the Parties hereby agree to jointly apply to the Office of Tourism, Trade and Economic Development for redesignation of the City of Fort Lauderdale/Broward County Enterprise Zone within the Nominated Area to be known as the Fort Lauderdale/Broward County/Lauderhill/Dania Beach Enterprise Zone. 2. The Parties agree that upon approval of the redesignation by the State, each party consents to the EZDA functioning within their respective corporate limits and concurs in the adoption of an Enterprise Zone Strategic Plan. 3. The Parties agree to cooperate in the implementation of the Fort Lauderdale/Broward County/Lauderhill/Dania Beach Enterprise Zone Strategic Plan and the Enterprise Zone program within the area designated in Exhibit "A," attached hereto and incorporated herein. Each party acknowledges and consents to the obligations and terms of Broward County Ordinance No. 95-15 attached hereto as Exhibit "B," and incorporated herein, with the understanding that due to boundary changes in the nominated area, the composition of membership and appointment to the Agency shall change to reflect that FOR-T LAUDERDALE shall have five (5) appointments, COUNTY shall have two (2) appointments, LAUDERHILL shall have one (1) appointment and DANIA BEACH shall have one (1) appointment to the Agency. The Parties agree that no party will obligate the other, financially or otherwise, in implementing the Fort 2 Lauderdale/Broward County/Lauderhill/Dania Beach Enterprise Zone Strategic Plan or the Enterprise Zone program, except as specified in this Interlocal Agreement. 4. The Parties will be jointly responsible for the implementation of the Fort Lauderdale/Broward County/Lauderhill/Dania Beach Enterprise Zone Strategic Plan and the Enterprise Zone program. 5. The EZDA shall have the powers and responsibilities as established in Section 290.0056, Florida Statutes (2005), as may be amended from time to time, including but not limited to the following: a) To assist in the development and implementation of the strategic plan for the Enterprise Zone b) To oversee and monitor the implementation of the strategic plan for the Enterprise Zone. The Agency shall make quarterly written reports to FORT LAUDERDALE. FORT LAUDERDALE or its designee shall compile the reports it receives from each of the Parties to submit to the State of Florida. The Parties are responsible for gathering their own information and submitting such information to FORT LAUDERDALE on a timely basis. Copies of the quarterly reports sent to the State of Florida shall ® also be provided to the Board of County Commissioners of Broward County (hereinafter referred to as the "County Commission") and each of the city Commissions (hereinafter referred to as the "City Commissions"), evaluating the progress in implementing the strategic plan. c) To identify and recommend to the County Commission and the City Commissions ways to remove regulatory barriers. d) To identify and make recommendations to the County Commission and the City Commissions the financial needs of, and local resources or assistance available to, eligible businesses within the Enterprise Zone. e) Call and hold meetings from time to time as the Agency may deem them appropriate, for the purpose of reviewing the business of the Agency and making recommendations to the County Commission and City Commissions. f) File annually with the County Commission and the City Commissions, on or before March 31 of each year, a report of the Agency's activities for the activities for the preceding fiscal year, which report shall include a complete financial statement setting forth its assets, liabilities, income, and operating ® expenses as of the end of such fiscal year. Within ten (10) days of filing the report, the Agency shall publish in a newspaper of general circulation a notice indicating that such report has been filed with Broward County and each of the Cities, and that the report is available for inspection during business hours in the offices of the Broward County, City of Fort Lauderdale, City of Lauderhill and City of Dania Beach during normal business hours for the aforementioned jurisdictions. g) Prior to December 1 of each year, submit to the State Office of Tourism, Trade, and Economic Development a complete and detailed written report setting forth the following: 1) the Agency's operations and accomplishments during the fiscal year; 2) the accomplishments and progress concerning implementation of the strategic plan or measurable goals, and any updates to the strategic plan or measurable updates; 3) the number and type of businesses assisted by the ® Agency during the fiscal year; 4) the number of jobs created within the Enterprise Zone during the fiscal year; 5) The usage and revenue impact of state and local initiatives granted during the calendar year; and 6) Any other information required by the Office of Tourism, Trade, and Economic Development. 6. The EZDA shall not have those powers enumerated in Section 290.0056 (9) and (10), Florida Statutes (2005). All of these powers are reserved for the Parties. 7. This Interlocal Agreement shall be terminated in the event the Enterprise Zone is not approved by the State of Florida or if, at any time the Enterprise Zone is dissolved or terminated for any reason. 8. This Interlocal Agreement shall be effective upon approval of the Enterprise Zone by the State of Florida following execution by each of the parties and recording of a fully executed certified copy of this Interlocal Agreement in the Public Records of Broward County, Florida. 4 9. Amendments to this Interlocal Agreement shall be made in the same manner as this Interlocal Agreement, through execution by each of the parties and shall be effective on the date of recording of a fully executed certified copy of the-amended Interlocal Agreement in the Public Records of Broward County, Florida. 10. Liability. The Parties are state agencies or subdivisions as defined in Chapter 768.28, Florida Statutes, as may be amended from time to time, and each agrees to be fully responsible for acts and omissions of its agents, contractors, or employees in the performance of its obligations under this Interlocal Agreement, to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the state of Florida to be sued by third parties, in any matter, arising out of this Interlocal Agreement or any other contract. 11. Notice. Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: FOR COUNTY: FOR FORT LAUDERDALE: Fort Lauderdale Community Redevelopment Agency ATT: Alfred Battle, NPF CRA Director 101 N.E. 3rd Avenue, Suite 300 Fort Lauderdale, Florida 33301 FOR LAUDERHILL: FOR DANIA BEACH: 5 City of Dania Beach Ivan Pato, City Manager 100 W. Dania Beach Boulevard Dania Beach, FL 33004 12. Independent Contractors. Each party is an independent contractor under this Interlocal Agreement. Services provided by any party pursuant to this Interlocal Agreement shall be subject to the supervision of that party. In providing such services, neither party, nor its agents shall act as officers, employees, or agents of another party without that party's consent. No partnership, joint venture, or other joint relationship is created hereby. 13. Third Party Beneficiary. The Parties do not intend to directly or substantially benefit a third party by this Interlocal Agreement. Therefore, the Parties agree that there are no third party beneficiaries to this Interlocal Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Interlocal Agreement. 14. Assignment. Neither this Interlocal Agreement nor any interest herein shall be assigned, transferred, or encumbered by any party. 15. Waiver and Materiality. The Parties agree that each requirement, ® duty, and obligation set forth herein is substantial and important to the formation of this Interlocal Agreement and, therefore, is a material term hereof. Any party's failure to enforce any provision of this Interlocal Agreement shall not be deemed a waiver of such provision or modification of this Interlocal Agreement. A waiver of any breach of a provision of this Interlocal Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Interlocal Agreement. 16. Compliance with laws. The Parties shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations related to this Interlocal Agreement. 17. Severability. In the event a portion of this Interlocal Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective. 18. Joint Preparation. The Parties acknowledge that they have sought and received whatever competent advice and counsel necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Interlocal Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, sole)y as a matter of judicial construction, be construed more severely against one party ® than the other. 6 19. Governing Law and Venue. This Interlocal Agreement shall be • interpreted and construed in accordance with and governed by the laws of the state of Florida. Any controversies or legal problems arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the state courts of the Seventeenth Judicial Circuit and venue for litigation arising out of this Interlocal shall be in such state courts. By entering into this Interlocal Agreement, the Parties hereby expressly waive any rights they may have to a trial by jury of any civil litigation related to this Interlocal Agreement. 20. Merger. This document represents the final and complete understanding of the Parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The Parties agree that there is no commitment, agreement, or understanding concerning this Interlocal Agreement that is not contained in this written document. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written. 21. Incorporation by Reference. The truth and accuracy of each "WHEREAS" clause set forth above is acknowledged by the Parties and is incorporated herein by reference. The attached Exhibits "A" and "B" are incorporated into and made a part of this Agreement. 22. Originals. This Agreement may be executed in four 4 or more counterparts, each of which shall be deemed to be an original. IN WITNESS THEREOF, the Parties hereto by and through the undersigned have entered into this Interlocal Agreement on the date and year first about written. Approved by the Fort Lauderdale City Commission on Approved by the Broward County Board of County Commissioners o n Approved by the Lauderhill City Commission on Approved by the Dania Beach City Commission on February 14, 2006. • IN WITNESS OF THE FOREGOING, the parties have set their hands and seals • the day and year first written above. BROWARD COUNTY ATTEST: BROWARD COUNTY, by and through its Board of County Commissioners Broward County Administrator, as By Ex-officio Clerk of the Broward County Mayor Board of County Commissioners Approved as to form by Office of County Attorney Broward County, Florida JEFFREY J. NEWTON, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By PATRICE M. EICHEN Assistant County Attorney • CITY OF FORT LAUDERDALE WITNESSES: CITY OF FORT LAUDERDALE, a municipal corporation of the State of Florida. By JIM NAUGLE, Mayor Print Name By GEORGE GRETSAS, City Manager Print Name (SEAL) ATTEST: JONDA K. JOSEPH, City Clerk Approved as to form: • HARRY A. STEWART, City Attorney 8 • CITY OF LAUDERHILL BY: Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney f CITY OF DANIA BEACH an it anager Anne Castro, Mayor ATTEST: APPROVED AS TO FORM: It Louise Stilson, City Clerk Thom s J. A sbro, `City A torney • 9