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HomeMy WebLinkAboutR-2007-039 Library Interlocal with Broward County RESOLUTION NO. 2007-039 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT WITH BROWARD COUNTY PERTAINING TO A MASTER PLAN FOR THE DANIA BEACH LIBRARY AND RELATED PARKING FACILITY; 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 between Broward County and the City of Dania Beach pertaining to a Master Plan for the Dania Beach Library and a related parking facility, in substantial form as appearing in Exhibit"A", attached, is approved and the proper City officials are authorized to execute it. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect retroactive to February 6, 2007. PASSED AND ADOPTED on February 14, 2007. PATRICIA FL RY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FO AND CORRECTNESS BY: �(,— _ —� &Ail) THOMAS J A RO CITY ATTORNEY INTERLOCAL AGREEMENT BY AND BETWEEN BROWARD COUNTY,FLORIDA AND CITY OF DANIA BEACH, FLORIDA REGARDING THE MASTER PLAN FOR THE DANIA BEACH LIBRARY AND PARKING FACILITY INTERLOCAL AGREEMENT BY AND BETWEEN BROWARD COUNTY, FLORIDA AND CITY OF DANIA BEACH, FLORIDA REGARDING THE MASTER PLAN FOR THE DANIA BEACH LIBRARY AND PARKING FACILITY THIS INTERLOCAL AGREEMENT (the "Agreement') dated on JC6c�3KU /#Fw /3, 2007 is entered into by and between: BROWARD COUNTY, FLORIDA, a political subdivision of the State of Florida, acting by and through its Board of County Commissioners("COUNTY"), AND The CITY OF DANIA BEACH, FLORIDA, a municipal corporation created and existing under the laws of the State of Florida, acting by and through its City Commission ("CITY"), with their participation evidenced by the signature of their authorized representatives. WITNESSETH WHEREAS, the Parties agree that it is in their mutual best interest and those of the residents of the CITY and the COUNTY to provide for a new Dania Beach Library (the "Library"), to replace the existing library facility; and WHEREAS, the COUNTY has been in the process of determining a suitable location for the Library, which would serve the residents of the CITY, as well as those of neighboring municipalities and unincorporated areas; and WHEREAS, the CITY, by Resolution No. 2005-010 of the City Commission, as governing body of the CITY, adopted on January 11, 2005, authorized a referendum for the purpose of determining the issuance of general obligation bonds (the "Bonds") of the CITY, in an amount not exceeding Three Million Five Hundred Thousand Dollars ($3,500,000.00), for the purpose of constructing a library and parking facility within the CITY; and 2 WHEREAS, at such election on March 8, 2005, the issuance of the Bonds was approved by a majority of the qualified electors of the CITY in accordance with the applicable laws of the State of Florida (the "State"); and WHEREAS, the Supervisor of Elections of Broward County, Florida certified the results of such referendum approving the issuance of the Bonds, and WHEREAS, the CITY has determined to proceed with the design, development and construction of the Library and parking facility; and WHEREAS, the CITY and COUNTY agree that it is in their mutual best interests, and those of their respective residents, to jointly cooperate in the planning, design and construction of the Library; and WHEREAS, the proposed location for the Library is adjacent to the CITY's existing City Hall, located at 100 W. Dania Beach Boulevard, Dania Beach, Florida; and WHEREAS, the proposed location of the Library and parking facility is centrally located and provides reasonable access to the Library for the residents of the CITY and COUNTY, for the sharing of facilities and programs offered; and WHEREAS, the CITY and COUNTY have agreed to enter into this Agreement to split i the costs of a Master Plan Study for the proposed Library and parking facility site; and WHEREAS, the CITY has issued its request for letters of interest for "Master Plan Consultant Services", and will be responsible for the selection and contracting of appropriate Master Plan consultants; and WHEREAS, the COUNTY has budgeted and appropriated One Hundred Thousand Dollars ($100,000.00) for a Master Plan of the proposed Library site; and WHEREAS, the CITY represents to the COUNTY that it has the authority to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; and WHEREAS, the COUNTY represents to the CITY that it has the authority to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY and CITY agree as follows: ARTICLE 1 MASTER PLAN CONSULTANT 1.1 CITY's Obligation The CITY shall: a) issue its Request for Letters of Interest for Master Plan Consultant Services ("RLI") to obtain a qualified firm or person(s) to master plan the proposed Library and parking facility site. The RLI shall be substantially in the form attached and incorporated by this reference as Exhibit"A"; b) be responsible for the selection of the Master Plan Consultant, and the negotiation of any contract with it, in accordance with the RLI; c) contract with the Master Plan Consultant, and thereafter be responsible for the administration of the master plan design, development and construction of the Library and parking facility, subject to the COUNTY's rights and obligations set forth herein. Such administration shall include coordination with the COUNTY's library department; d) pay for the services of the Master Plan Consultant, subject to the County's contribution hereinafter provided; and e) authorize the proper City officials to execute any documents necessary to proceed with the transactions contemplated in them. 1.2 COUNTY's Obligation The COUNTY shall: a) authorize the Mayor or Vice-Mayor of the Board of County Commissioners to execute any documents necessary to proceed with the transactions contemplated in them; b) provide funding for the Master Plan Consultant Services in an amount equal to the lesser of one-half of the dollar amount of the contract between the CITY and the Master Plan Consultant or $100,000.00. Such amount shall be paid by the COUNTY to the CITY within ten (10) days of the CITY's invoice therefor, which invoices shall be rendered only after the CITY has received an invoice from the Master Plan Consultant for the services rendered. In the event that the CITY retains a Master Plan Consultant whose cost exceeds $200,000.00, CITY shall be solely responsible for the additional costs incurred above that amount; c) authorize its library department to assist and coordinate with the CITY's staff in order to assist the CITY in the completion of the Master Plan; 4 d) upon approval of the Master Plan, by appropriate CITY and COUNTY officials as appropriate, enter into an amendment to this Interlocal Agreement to provide for the design and construction of the Library and parking facility; and e) operate the Library as part of the Broward County Library System as long as this Agreement, and any amendment hereto, remains in effect and as it may be amended from time to time. ARTICLE 2 TERM This Agreement shall be non-terminable and non-cancelable for the duration of the services provided by the Master Plan Consultant pursuant to the RLI. The Parties otherwise covenant and agree that this Agreement provides a unique opportunity for the COUNTY and the CITY to engage in a long-term relationship to promote the best interests and education of the residents of the CITY and COUNTY and to provide a mechanism of financing and project development. In that regards the Parties further covenant and agree that they will utilize their best efforts to jointly negotiate an amendment to this Interlocal Agreement to provide for the design and construction of the Library and parking facility. ARTICLE 3 MISCELLANEOUS 3.1 Joint Preparation: The preparation of this Agreement has been a joint effort of the Parties and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than the other. 3.2 Merge : This Agreement incorporates and includes all prior negotiations, correspondence, agreements or understandings applicable to the matter contained herein; and the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no change, amendment, alteration or modification in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith by all Parties to this Agreement. 3.3 Assignment: The respective obligations of the Parties set forth in this Agreement shall not be assigned,in whole or in part, without the written consent of the other party. 3.4 Recordation/Filing: The County Administrator as the Ex-Officio Clerk of the Broward County Board of County Commissioners is hereby authorized and directed after approval of the Agreement by the governing body of the City and the County and the execution thereof by the duly qualified and authorized officers 5 of each of the Parties hereto to file this Agreement with the Clerk of Broward County, Florida, as required by Section 163.01(11), Florida Statutes. 3.5 Notices: Whenever either party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier evidenced by a delivery receipt, facsimile evidenced by a delivery receipt, or by an overnight express delivery service evidenced by a delivery receipt, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice. Notice shall be effective upon delivery as evidenced by a delivery receipt. FOR COUNTY: County Administrator Broward County Governmental Center 115 South Andrews Avenue Fort Lauderdale, Florida 33301 With a copy to: Broward County Attorney's Office Suite 423, Governmental Center 115 South Andrews Avenue Fort Lauderdale, Florida 33301 FOR CITY: Ivan Pato City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 • 6 With a copy to: Thomas J. Ansbro ® City Attorney City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 3.6 Governing Law and Venue: This 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 of Broward County, Florida, the venue situs, and shall be governed by the laws of the State of Florida. To encourage prompt and equitable resolution of any litigation that may arise hereunder, each party hereby waives any rights it may have to a trial by jury of any such litigation. 3.7 Severability: In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless the CITY or the COUNTY elect to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) calendar days after the court's determination becomes final. For the purposes of this section, "final" shall mean the expiration of time within which to file an appeal or the conclusion of any appellate proceeding and the granting of an order. In such event, the Parties agree to cooperate fully with the other to effectuate a smooth transition of services. 3.8 Amendments: Except as expressly authorized in this Agreement, no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Parties. 3.9 Third Party Beneficiaries: Neither CITY nor COUNTY intends that any person shall have cause of action against either of them as a third party beneficiary under this Agreement. Therefore, the Parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement. The Parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. 3.10 Nondiscrimination: The decision of the Parties hereto regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation (Broward County Code, Chapter 16`/2), national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. . 3.11 Gender: Whenever any words are used in this Agreement in the masculine gender, they shall be construed as though they were also used in the feminine or 7 neuter gender in all situations where they would so apply, and whenever any words are used in this Agreement in the singular form, they shall be construed as though they were also used in the plural form in all situations where they would so apply. 3.12 The Parties shall not engage in or commit any discriminatory practice in violation of the Broward County Human Rights Act (Broward County Code, Chapter 16%) in performing any services pursuant to this Agreement. THIS PORTION OF THE PAGE INTENTIONALLY LEFT BLANK 8 IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor or Vice-Mayor, authorized to execute same by Board action; and the CITY OF DANIA BEACH, signing by and through its Mayor, duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By: 1..� AS°' Admt istra an � Sg� Josep s Eggelle ' Jr., Ma r -Officio Clerk ot�the ��Z ��q Board of County Co 1651S of Broward County Fl aty1'� spa day of 2007 a pproved 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: 9 357-6968 By Ge ge G. Lewis Assistant County Attorney pY 6 " day of 2007 9 CITY OF DANIA BEACH, a Florida Municipal Corporation A EST: LOUISE STILSON, CITY CLERK PAT FLURY, MAYOR AN PA TO I Y MANAGER APPROVED FOR FORM AND CORRECTNESS: . J� THO S, . ANSBRO CITY ATTORNEY 10