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Home My WebLink AboutR-2012-075 - Authorized a Third Amendment to Interlocal Agreement for Building Code Services until November 30, 2012 RESOLUTION NO. 2012-075 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A THIRD AMENDMENT TO AN INTERLOCAL AGREEMENT EXISTING BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH, FLORIDA, FOR BUILDING CODE SERVICES TO BE PERFORMED BY THE BROWARD COUNTY PERMITTING, LICENSING AND CONSUMER PROTECTION AND GROWTH MANAGEMENT DEPARTMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 23, 2008, the City and Broward County entered into an Interlocal Agreement for Building Code Services; and WHEREAS, on December 14, 2011, the Interlocal Agreement was extended and will expire on June 30, 2012; and WHEREAS, on March 27, 2012, the City Commission authorized the Community Development Director to negotiate an Interlocal Agreement with Broward County for partial service building code services; and WHEREAS, a Third Amendment to extend the existing Interlocal Agreement until November 30, 2012, will allow the City to finalize the new Interlocal Agreement with Broward County for partial building code services; NOW THEREFORE, 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 Third Amendment to the Interlocal Agreement existing between Broward County and the City of Dania Beach, Florida, relating to building code services to be performed by the Broward County permitting, licensing and consumer protection and growth management Department; a copy of the Third Amendment to Interlocal Agreement is attached as Exhibit "A", which is made a part of and is incorporated into this Resolution by this reference. Section 2. That the City Manager and City Attorney are authorized to make minor revisions to the Third Amendment to the Interlocal Agreement as are deemed necessary and proper for the best interests of the City. Section 3. That the extension of the 2008 Interlocal Agreement contained in the Third Amendment shall expire on November 30, 2012. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall take full force and effect immediately at the time of its passage and adoption. PASSED AND ADOPTED on June 26, 2012. ATTEST: 14, LOUISE STILSON, CMC PATRICIA A. FLURY CITY CLERK MAYOR APPROVED AS FORM AND CORRECTNESS: ��o�pRuIs 1 ti fHOMA J. N§BVO CITY ATT EY 2 RESOLUTION#2012-075 Return recorded document to: Susan Pierce,Director Permitting,Licensing and Consumer Protection Division 1 North University Drive,Bldg B,#302 Plantation, FL 33324 Document prepared by: John E. Naclerio III,Asst.County Attorney Broward County Office of the County Attorney 115 S Andrews Avenue,Room 423 Fort Lauderdale,FL 33301 THIRD AMENDMENT to INTERLOCAL AGREEMENT between BROWARD COUNTY and CITY OF DANIA BEACH for BUILDING CODE SERVICES TO BE PERFORMED BY THE BROWARD COUNTY PERMITTING, LICENSING AND CONSUMER PROTECTION DIVISION OF THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT This is a Third Amendment to that certain Agreement described herein, made and entered into by and between BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as"COUNTY," AND CITY OF DANIA BEACH, a municipal corporation existing under the laws of the state of Florida, hereinafter referred to as"CITY." WHEREAS,on September 23,2008,COUNTY and CITY entered into an Interlocal Agreement for Building Code Services, hereafter referred to as "Agreement." Said Agreement is recorded at Official Records Book 45711,Page 880,of the Public Records of Broward County, Florida; and WHEREAS,the Agreement was entered into pursuant to Section 163.01, Florida Statutes, also known as the"Florida Interlocal Cooperation Act of 1969"; and WHEREAS, on September 29, 2011, COUNTY and CITY entered into a First Amendment to the Agreement. Said First Amendment is recorded at Official Records Book 48215, Page 546, of the Public Records of Broward County, Florida; and 1 3 RESOLUTION#2012-075 WHEREAS, on December 14, 2011, COUNTY and CITY entered into a Second Amendment to the Agreement. Said Second Amendment is recorded at Official Records Book 48385, Page 1907, of the Public Records of Broward County, Florida; and WHEREAS, pursuant to Section 4.1 of the Agreement,the Agreement expires on June 30, 2012; and WHEREAS, CITY has requested that the Agreement be extended until November 30, 2012; and WHEREAS, Section 9.6 of the Agreement authorizes the County Administrator to approve amendments extending the term of the Agreement; and WHEREAS, COUNTY,through its Permitting, Licensing and Consumer Protection Division ("PLCPD"), is willing to extend the term of the Agreement until November 30, 2012, as hereafter set forth; NOW THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, COUNTY and CITY agree as follows: 1. The foregoing recitals and representations are true and correct and by this reference hereto are incorporated herein and made a part hereof. 2. The term of the Agreement pursuant to Section 4.1 shall be extended to November 30, 2012. 3. Except as specifically set forth herein, all of the terms and conditions contained within the Agreement shall remain in full force and effect and are incorporated herein by reference. 4. This document incorporates and includes all prior negotiations, correspondence, conversations,agreements,and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, of understandings concerning the subject matter of this document 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. 5. Each individual executing this Third Amendment on behalf of a parry hereto hereby represents and warrants that he or she is, on the date he or she signs this Amendment,duly authorized by all necessary and appropriate action to execute this Third Amendment on behalf of such party and does so with full legal authority. 6. This Third Amendment shall be effective upon recordation in the Public Records of Broward County,in accordance with the Florida Interlocal Cooperation Act of 1969. 2 4 RESOLUTION#2012-075 IN WITNESS WHEREOF, the parties hereto have made and executed this Third Amendment: BROWARD COUNTY through its County Administrator, duly authorized to execute same, and CITY OF DANIA BEACH, signing by and through its duly authorized to execute same. COUNTY: BROWARD COUNTY By County Administrator day of 2012 Approved as to form by Office of the County Attorney for Broward County, Florida JONI ARMSTRONG COFFEY, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 By Assistant County Attorney day of , 2012 3 5 RESOLUTION#2012-075 i THIRD AMENDMENT TO INTERLOCAL AGREEMENT FOR BUILDING CODE SERVICES TO BE PERFORMED BY THE BROWARD COUNTY PERMITTING LICENSING AND CONSUMER PROTECTION DIVISION OF THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT CITY CITY OF DANIA BEACH Attest: By Robert Baldwin, City Manager Louise Stilson, CMC, City Clerk day of 2012 APPROVED AS TO FORM: By Thomas J,Ansboro, City Attorney JEN/ 6/12/12 DaniaBeach.3rdAmend.BldgSery 12-049.11 4 RESOLUTION#2012-075