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HomeMy WebLinkAboutR-2012-167 - Executed First Amendment to Agreement for Fire Rescue Services Assessments with Broward Property Appraiser RESOLUTION NO. 2012-167 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A FIRST AMENDMENT TO AN AGREEMENT FOR FIRE RESCUE SERVICES ASSESSMENTS EXISTING BETWEEN THE CITY OF DANIA BEACH AND LORI PARRISH, BROWARD COUNTY PROPERTY APPRAISER; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City entered into an Agreement for fire rescue services assessments with Lori Parrish,the Broward County Property Appraiser; and WHEREAS, the City and the Property Appraiser desire to amend the Agreement to extend its term; a copy of the Agreement is attached as Exhibit "A", and made a part of and incorporated into this Resolution by this reference; 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 First Amendment to the Agreement (a copy of the Amendment is attached as Exhibit `B", and it is made a part of and incorporated into this Resolution by this reference) existing between the City and Lori Parrish,the Broward County Property Appraiser for fire rescue services assessments. Section 2. That the City Manager and City Attorney are authorized to make minor revisions to the First Amendment to the Agreement which are deemed necessary and proper and in the best interests of the City. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to such extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on December 11, 2012. ATTEST: L4, LOUISE STILSON, CMC ALTER B. UKE, III CITY CLERK MAYOR Is APPROVED 7ASTO RM CORRECTNESS: THOMAS J. SBR CITY ATTO EY 2 RESOLUTION#2012-167 r - AGREEMENT between LORI PARRISH,AS BROWARD COUNTY PROPERTY APPRAISER and City of Dania Beach. FLORIDA for NON-AD VALOREM ASSESSMENTS This is an Agreement,made and entered into, by, and between: LORI PARRISH,as BROWARD COUNTY PROPERTY APPRAISER ("PROPERTY APPRAISER"), and City of Dania Beach, FLORIDA("CITY'). WHEREAS, the City desires to develop and implement a non-ad valorem assessment roll for the year 2011 and succeeding years, to provide funds from property owners within the City for Fire services. WHEREAS, the City desires to use the services of Property Appraiser to create and maintain a non-ad valorem tax roll, and Property Appraiser is prepared to do so on behalf of the City. NOW, THEREFORE, in consideration of the mutual covenants, promises, and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. The Property Appraiser agrees to perform the following services for the City: A. Create a Non-Ad Valorem Assessment Roll for the City for the year 2011 and each succeeding year until this Agreement is terminated pursuant to Paragraph 10 below, using data presently in the Property Appraiser's computer as to the property characteristics the City intends to use for purposes of levying the non-ad valorem assessments. Should the City desire to use additional property characteristics other than those already in the computer records, Property Appraiser will advise City whether this is possible, when it can be accomplished, and the additional cost incurred of so doing. B. Provide the City with an annual preliminary estimate of the number of each type of property within the City (e.g., single family residential, vacant land, condominium, etc.) for the City's planning purposes in establishing its non-ad valorem assessments. 1 I f C. Receive from the City its preliminary non-ad valorem assessment levy for each type of property and preliminarily extend that amount against each parcel of real property within the City. D. Furnish the City with a computer-readable data file in asch format of the Non-Ad Valorem Roll when such preliminary amounts have been extended. E. Upon notification by the City of their proposed date for the scheduled public hearing, the Property Appraiser shall immediately let the City know whether the 20-day advanced notification requirement cannot be met for said proposed public hearing date. F. Include the City's non-ad valorem assessment in the TRIM notice sent to the City's property owners in August. G. Receive from the City corrections to the roll and update the Non-Ad Valorem Assessment Roll with the changed and corrected information. H. Deliver the City's Uniform Non-Ad Valorem Assessment Roll to the Broward County Revenue Collector's office so that the tax bills mailed on or about November 1 will include the amount for the City's assessment levies. 2. City agrees to perform the following acts in connection with this agreement: A. Advise the property owners within the City in an appropriate and lawful manner of the City's intention to utilize the uniform non-ad valorem assessment method described in Sections 197.3631 through 197.3635, Florida Statutes and carry out its responsibilities under said Sections. B. Timely provide the Property Appraiser with information required to prepare the Uniform Non-Ad Valorem Assessment Roll. C. Establish an appropriate appeal process for property owners who wish to contest the classification of their property or amounts of uniform non-ad valorem assessments. D. Advise the property owners within the City, as appropriate, that the Property Appraiser's office is acting in a ministerial capacity for the City in connection with the non-ad valoremassessments. E. The City shall notify Property Appraiser of the proposed date of the scheduled public hearing to be included in the TRIM Notice no later than Jul 31. P 8 Y 2 I f F. Within 30 days of invoice, pay the Property Appraiser the necessary administrative costs incurred in carrying out her functions under this Agreement, including but not limited to those costs associated with personnel, forms, supplies, data processing,computer equipment,postage if necessary,and programming. 3. Within 30 days of invoice, the Property Appraiser shall be compensated by the City for all administrative costs incurred in carrying out this Agreement at the rate of$.50 per parcel. The parties understand this rate per parcel does not include any amount for extraordinary programming or other services required by the City. For purposes of this Agreement, "extraordinary programming" shall mean the creation of customized computer programs, assessment calculation routines or creation of data not normally used by the Property Appraiser. In the event that the use of extraordinary programming or creation of such data is required, the Property Appraiser shall estimate the cost of such programming or creation of such data and inform the City of such cost in writing in advance. The Property Appraiser will not engage in such extraordinary programming or creation of such data without prior written approval from the City. 4. The specific duties to be performed under this Agreement and their respective timeframes are contained in Attachment A,which is incorporated herein by reference. 5. If the Property Appraiser or City determines this Agreement needs modification, said modification must be in writing, signed by both parties, and entered into prior to January I"of the tax year in which such modification is to become effective. 6. Neither party may assign his or its obligations under this Agreement. 7. This Agreement is governed by and construed in accordance with Florida law. Any and all legal action necessary to enforce this Agreement will be held in Broward County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power,or remedy hereunder shall preclude any other or further exercise thereof. 8. All parts of this Agreement not held unenforceable for any reason shall be given full force and effect. 3 i 9. All communications required by this Agreement shall be in writing and sent by first class mail or email to the other party. Notices to the City shall be addressed to the Finance Director at the following address: Mark Bates,Finance Director City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach,FL 33004 Email:mbatesCa,ci.dania-beach.fl.us Notices to the Property Appraiser shall be addressed to: Lori Parrish,Broward County Property Appraiser 115 South Andrews Avenue,Room 111 Fort Lauderdale,Florida 33301 Email: lori @ p be a.ne t 10. Except as otherwise provided herein, this Agreement shall continue from year to year unless cancelled by either party. Either party may cancel this Agreement by providing the other party written notice of the cancellation prior to January la of the year the agreement shall stand terminated. Property Appraiser will perform no further work after a written cancellation. This agreement shall automatically terminate at the end of the Property Appraiser's term of office (January,2013). 4 i IN WITNESS WHEREOF, the parries hereto have made and executed this Agreement on the respective dates under each signature: PROPERTY APPRAISER, by and through LORI PARRISH and CITY, by and through ROBERT BALDWIN, City Manager, duly authorized to execute the same. BROWARD COUNTY PROPERTY APPRAISER: O n� �,A I A^ P SH,BROWARD COUNTY PROPER APPRAISER day of ,20�. Approved as to form: Jerrod Kathias,D uty 13eneral Counsel Brow d County Property Appraiser's Office CITY: CITY OF DANIA BEACH,FLORIDA a Florida Municipal corporation ATTEST: R BERT BALDWIN CITY MANAGER LOUISE STILSON, CMC s fr�r CITY CLERK APPROVED AS O F RM AND CORRECTNESS: 1 .� MAS .A BRO CITY ATTORNEY 5 City of Dania Beach.FLORIDA CALENDAR FOR IWLEMENTATION OF NON-AD VALOREM ASSESSMENT TASK TO BE PERFORMED ON AN ANNUAL BASIS DUE DATE 1. Property Appraiser to provide the City with an electronic file that On or prior to June includes owner name,property address and property ID,property 1. classifications,square footage of non-residential property,and number of units for residential property. Note: The file shall be ascii format or any kind of database(DBF)file and shall include a file layout of all data fields,as well as a description of all County codes. 2. Property Appraiser certifies City s taxable value. On or prior to July 1. 3. City reviews assessment data(unit counts,square footage amounts, From June 1 to July property classifications)provided by the Property Appraiser for accuracy, 31. and notifies the Property Appraiser of any need for corrections. 4. City calculates its preliminary fire assessment rates and determines From June 1 to July whether the rates are different from existing rates. If the preliminary 31. rates are different than existing rates,the Property Appraiser shall provide a recap of revenues to be generated based on the new rates or,if necessary,re-run the assessment data file with the new rates for the City. 5. City adopts its preliminary millage rate and preliminary non-ad On or prior to valorem fire assessment rates. August 4. 6. City adopts an Initial Assessment Resolution for the fire assessment On or prior to program- August 4. 7. City provides the Property Appraiser with its preliminary adopted On or prior to non-ad valorem fire assessment rates,and the date,time and place of the August 4. public hearing,and any other information necessary to be placed on the TRIM notice. 6 I 8. Property Appraiser shall send TRIM notices,which include the non- On or prior to ad valorem fire assessment to all City property owners. August 24. 9. City advertises its public hearing in a newspaper. On or prior to August 24. 10. City provides Property Appraiser with any corrections for re-TRIM. September 11. City holds its public hearing and adopts a Final Assessment September Resolution. 12. In conformance with Fla. Stat. 197.3632,the City certifies the final Within 3 days of non-ad valorem fire assessment rates,and provides the Property adoption of the final Appraiser with a certified copy of the resolution adopting the rates. resolution. 13. Property Appraiser delivers the City's non-ad valorem fire At the time of ad assessment rolls to the Revenue Collector. valorem tax roll certification. 14. Property Appraiser provides the City a duplicate file of the non-ad 30 days after valorem assessment roll delivered to the Revenue Collector as the final delivery of non-ad record of current year fire assessments. valorem assessment roll to the Revenue Collector. i FIRST AMENDMENT TO AGREEMENT between LORI PARRISH,BROWARD COUNTY PROPERTY APPRAISER and CITY OF DANIA BEACH for NON-AD VALOREM ASSESSMENTS This is a First Amendment to the Agreement ("Agreement"), made and entered into by and between: LORI PARRISH, BROWARD COUNTY PROPERTY APPRAISER("PROPERTY APPRAISER"), and CITY OF DANIA BEACH, ("CITY"). WHEREAS, the PROPERTY APPRAISER and CITY have entered into that certain Agreement commencing with the 2012 Assessment Roll for the city's fire rescue services assessment. WHEREAS, the PROPERTY APPRAISER and CITY desire to amend the Agreement to provide for an additional term. NOW, THEREFORE, in consideration of the mutual covenants, promises, and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged,the parties do hereby agree as follows: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. The eleventh paragraph of the Agreement is hereby amended as follows: Except as otherwise provided herein, this Agreement shall continue from year to year unless cancelled by either parry. Either party may cancel this Agreement by providing the other party written notice of the cancellation prior to January I" of the year the agreement shall stand terminated. Property Appraiser will perform no further work after a written cancellation. This agreement shall automatically terminate at the end of the Property Appraiser's term of office , 201-3) (January.2017). 3. Except as otherwise modified and amended herein, the terms and conditiots of the Agreement between the parties shall remain in full force and effect. i IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: PROPERTY APPRAISER, by and through LORI PARRISH, and CITY, by and through ROBERT BALDWIN, City Manager, duly authorized to execute the same. PROPERTY APPRAISER: LORI PARRISH,BROWARD COUNTY PROPERTY APPRAISER Date: , 20 ATTEST: CITY OF DANIA BEACH, a Florida municipal corporation LOUISE STILSON, CMC ROBERT BALDWIN CITY CLERK CITY MANAGER Date: , 20_ APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY Approved as to form: Jerrod Mathias, Deputy General Counsel Broward County,Property Appraiser