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HomeMy WebLinkAboutR-2010-077 First Amendment BC Interlocal Integrated Water Resource Plan RESOLUTION NO. 2010-077 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT WITH BROWARD COUNTY PERTAINING TO A FEASIBILITY STUDY, PRELIMINARY DESIGN, OR RELATED SERVICES FOR PROJECTS RECOMMENDED UNDER THE BROWARD COUNTYWIDE INTEGRATED WATER RESOURCE PLAN TO PROVIDE FOR AN EXTENSION OF TIME FOR AGREEMENT PERFORMANCE; 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 the proper City officials are authorized to execute a First Amendment to the Interlocal Agreement dated January 27, 2009 with Broward County, Florida, to amend the statement of work related to a Feasibility Study, Preliminary Design, or related services for projects recommended under the Broward Countywide Integrated Water Resource Plan to be performed in partnership with local water managers, to provide for an extension of time for performance of the Agreement; a copy of the First Amendment is attached to this Resolution. 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 immediately upon its passage and adoption. PASSED AND ADOPTED on May 11, 2010. 5 FIRS> ATTEST: �Ai9 qry �40 LOUISE STILSON, CMC C. K. McELYEAOr CITY CLERK MAYOR-COMMISSIONER �N�RPORP�'O APPROVED A TO ORM AND CORRECTNESS: i TH M J. Yk RO A CITY TORNEY FIRST AMENDMENT to INTERLOCAL AGREEMENT Between BROWARD COUNTY and CITY OF DANIA BEACH for FEASIBILITY STUDY,PRELIMINARY DESIGN, OR RELATED SERVICES FOR PROJECTS RECOMMENDED UNDER THE BROWARD COUNTYWIDE INTEGRATED WATER RESOURCE PLAN TO BE PERFORMED IN PARTNERSHIP WITH LOCAL WATER MANAGERS This is a First Amendment to that certain Agreement between: BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY", AND CITY OF DANIA BEACH, a municipal corporation of the state of Florida, its successors and assigns, on behalf of its Water Utility, hereinafter referred to as "CITY". WHEREAS, COUNTY and CITY entered into an Interlocal Agreement which was approved by COUNTY on January 27`h, 2009, providing for CITY to pursue feasibility and preliminary design work for IWRP related projects which will improve the effective and efficient use of local water resources; and WHEREAS,the parties are desirous of amending the statement of work to provide for no changes in funding from COUNTY or CITY and is therefore deemed a no-cost amendment to the Agreement; NOW, THEREFORE, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, COUNTY and CITY agrees as follows: 1. The above recitals and representations are true and correct and are incorporated herein. -1- 2. Article 4, "Term and Time of Performance of Agreement," Section 4.1 is hereby amended as follows: 4.1 This Interlocal Agreement shall become effective upon execution by COUNTY and shall continue in full force and effect until midnight, thirty-six (36) months following final execution of the Agreement; provided, however, if the term of this Interlocal Agreement extends beyond a single fiscal year of COUNTY, the continuation of this Interlocal Agreement beyond the end of any fiscal year shall be subject to the appropriation and availability of funds in accordance with Chapter 129, Florida Statutes. In addition, the County Administrator is authorized to execute any amendments extending the term of this Interlocal Agreement with the appropriate amendment prepared with the same or similar formality. 3. Except as amended herein, all other terms and conditions of the Agreement, as incorporated herein, shall remain in full force and effect. - REMAINDER OF PAGE INTENTIONALLY LEFT BLANK - -2- IN WITNESS WHEREOF, the parties hereto have made and executed this Interlocal Agreement: BRO)VARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor or Vice-Mayor, authorized to execute same by Board action on the day of 20 , and CITY OF DANIA BEACH, signing by and through its Mayor, who is duly authorized to execute same by Board action on the _ day of , 20 COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By County Administrator and Ex-Officio Mayor Clerk of the Board of County Commissioners of day of , 20 Broward County, Florida Approved as to form Office of County Attorney Broward County, Florida Jeffrey J. Newton, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Insurance requirements Fort Lauderdale, Florida 33301 approved by Broward County Telephone: (954) 357-7600 Risk Management Division Telecopier: (954) 357-6968 By By (Date) Michael C. Owens (Date) Senior Assistant County Attorney -3- INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR FEASIBILITY STUDY, PRELIMINARY DESIGN, OR RELATED SERVICES FOR PROJECTS RECOMMENDED UNDER THE BROWARD COUNTYWIDE INTEGRATED WATER RESOURCE PLAN TO BE PERFORMED IN PARTNERSHIP WITH LOCAL WATER MANAGERS CITY WITNESSES: CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation By UK. Mc lyea !!!�z/�_ /�� �} i day of In4V! 20 0 ((Witness Print Name] By/ '�� �. obe Baldwin, City Manager day of Md�( 20 11� [Witness Print Name] (SEAL) ATTEST: (Jp'ru-0 -h ro QPO,�PpA's Fg�rC`T} Louise Stilson, CMC, City Clerk Approved as to legal form by 1 TOM ANSBRO, City Attorney City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Phone: 954-924-680 x3 32 Fax: 954-921-2604/ Thom Ansb o, City Att rney -4-