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Item G1BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 20, 2015 Division: Growth Management Bulk Item: Yes X No Staff Contact Person/Phone #: Christine Hurley 289-2517 AGENDA ITEM WORDING: Approval of a Resolution of the Board of County Commissioners of Monroe County, Florida, authorizing the Mayor of Monroe County to execute on behalf of the County the "Second Amendment to Interlocal Agreement Creating a South Florida Regional Planning Council," to rename the South Florida Regional Planning Council as the South Florida Regional Council. ITEM BACKGROUND: On July 1, 1974, the counties of Broward, Miami -Dade, and Monroe entered into an "Interlocal Agreement Creating a South Florida Regional Planning Council" ("ILA"). On February 9, 1993, the BOCC approved a First Amendment to the ILA, updating and ratifying the relationship among the parties and establishing additional terms, conditions, and provisions to guide the South Florida Regional Planning Council (SFRPC) in the performance of its functions. At the present time, the SFRPC provides many services, in addition to planning services. In recognition of the expanded services provided by the SFRPC, the proposed Second Amendment renames the SFRPC as the South Florida Regional Council. Broward County approved the Second Amendment to the ILA on January 27, 2015. Upon approval by Monroe County and Miami -Dade County, the Second Amendment will become effective when recorded in the public records of each county, as required by Subsection 163.01(11), Florida Statues. The Interlocal Agreement requires amendments to be approved by a 3/4 vote of the BOCC. PREVIOUS RELEVANT BOCC ACTION: On July 1, 1974, the counties of Broward, Miami - Dade, and Monroe entered into an Interlocal Agreement Creating a South Florida Regional Planning Council. At a regular meeting held on February 9, 1993, the BOCC adopted Resolution 053-1993, authorizing the mayor to execute on behalf of the County the first amendment to the ILA. CONTRACT/AGREEMENT CHANGES: Second Amendment to Interlocal Agreement Creating a South Florida Regional Planning Council, changing the agency's name to South Florida Regional Council to accurately reflect the council's current scope of services. STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes No N/A DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No N/A AMOUNT PER MONTH N/A Year APPROVED BY: County Atty i_ OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 MONROE COUNTY, FLORIDA RESOLUTION NO. -2015 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR OF MONROE COUNTY TO EXECUTE ON BEHALF OF THE COUNTY THE SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT WITH MIAMI-DADE AND BROWARD COUNTIES CREATING THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL, TO RENAME THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL AS THE SOUTH FLORIDA REGIONAL COUNCIL. WHEREAS, on July 1, 1974, the counties of Broward, Miami -Dade, and Monroe entered into an "Interlocal Agreement Creating a South Florida Regional Planning Council' ("ILA"); and WHEREAS, on February 9, 1993, the Monroe County Board of County Commissioners approved a First Amendment to the ILA, updating and ratifying the relationship among the parties and establishing additional terms, conditions, and provisions to guide the South Florida Regional Planning Council (SFRPC) in the performance of its functions; and WHEREAS, at the present time, the SFRPC provides many services, in addition to planning services; and WHEREAS, in recognition of the expanded services provided by the SFRPC, the proposed Second Amendment renames the SFRPC as the South Florida Regional Council; and WHEREAS, Broward County approved the Second Amendment to the II,A on January 27, 2015; and WHEREAS, upon approval by Monroe County and Miami -Dade County, the Second Amendment will become effective when recorded in the public records of each county, as required by Subsection 163.01(11), Florida Statues; and WHEREAS, the ILA requires amendments to be approved by a 3/4 vote of the BOCC. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY: The Mayor of Monroe County is hereby authorized to sign and execute on behalf of Monroe County the Second Amendment to the Interlocal Agreement with Broward and Miami -Dade Counties creating Page 1 of 2 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 the South Florida Regional Planning Council, a copy of same being attached hereto and made a part hereof. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 20a' day of May, 2015. Mayor Danny L. Kolhage Mayor Pro Tem Heather Carruthers Commissioner George Neugent Commissioner David Rice Commissioner Sylvia Murphy Attest: AMY HEAVILIN, CLERK By: Deputy Clerk (SEAL) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor NROE COUNTY ATTORNEY A w OV p AS FORM: Lj STEVEN T. WILLIAMS—— ASSISTAN �T NTY ATTORNEY O' Date " :: Page 2 of 2 SECOND AMENDMENT TO INTERLOCAL AGREEMENT CREATING A SOUTH FLORIDA REGIONAL PLANNING COUNCIL THIS is a Second Amendment to the Agreement made and entered into this day of , 2015, pursuant to the authority of Section 163.01, Florida Statutes, as amended, by and between the counties of Broward, Miami -Dade, and Monroe, each being a political subdivision of the State of Florida, WITNESSETH: WHEREAS, Section 163.01(4), of the Florida Statutes provides that "a public agency of the State of Florida may exercise jointly with any other public agency of the State, or any other State, or of the United States Government any power, privilege, or authority which such agencies share in common and which each might exercise . Iseparately"; and WHEREAS, on July 1, 1974, the parties hereto entered into an Interlocal Agreement Creating the South Florida Regional Planning Council (the "Interlocal Agreement"); and WHEREAS, on or about March 5, 1993, the parties hereto entered into the First Amendment to Interlocal Agreement Creating a South Florida Regional Planning Council (the "First Amendment"); and WHEREAS, at the current time the South Florida Regional Planning Council provides many other services other than planning services, and in recognition of the change of services, the parties hereto agree that the name of the South Florida 100030916.2 23B3-6200982) Regional Planning Council should be amended to be the "South Florida Regional Council'; and WHEREAS, the parties hereto have met, conferred, and concluded that it is in the best interest of the parties to ' enter into this Second Amendment to the Interlocal Agreement Creating a South Florida Regional Planning Council (the "Second Amendment"), in order to amend the name of the entity to be known from this point forward as the "The South Florida Regional Council; NOW, THEREFORE, FOR AND IN CONSIDERATION of mutual promises, covenants, and benefits to accrue from conduct of the South Florida Regional Council, and agreements contained herein, the parties agree as follows: 1. That the recitations set forth above in the "WHEREAS" clauses of this Second Amendment are true and correct and incorporated herein by this reference. 2. The name of the entity created by the Interlocal Agreement Creating a South Florida Regional Planning Council, dated July 1, 1974, as amended by the First Amendment to the Interlocal Agreement Creating a South Florida Regional Planning Council, shall be renamed to be the "South Florida Regional Council." 3. Any agreements, obligations, debts, and responsibilities of the South Florida Regional Planning Council are hereby and forevermore the obligation of the South Florida Regional Council. 4. All provisions in the Interlocal Agreement, as amended by the First Amendment, and any attachments thereto in conflict with this Second Amendment shall be amended so as to conform with this Second Amendment. (00010416,2 2383.82OM2 } Page 2 of 7 5. Recordation and Effective Date: Each party shall cause a fully executed Second Amendment to be recorded with the Clerk of the Circuit Court for its respective jurisdiction. Pursuant to Subsection 163.01(11), Florida Statutes, this Second Amendment shall become effective upon the last date of recordation by a party. 6. All provisions of the Interlocal Agreement, as amended by the First Amendment, not in conflict with this Second Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this document on the dates specified. (SIGNATURE PAGES TO FOLLOW) 0010416.22383-8200982) Page 3 of 7 SECOND AMENDMENT TO INTERLOCAL AGREEMENT CREATING A SOUTH FLORIDA REGIONAL PLANNING COUNCIL (Broward County Signature Page) ATTEST: W'Z�z ��— B ward County Administrator, a Ex-officio Clerk of the Broward County Board of County Commissioners '•.O sJ� CREATED i h► O:a OCT lA os v 1915 ' y1 . COUNO,. MA/gmb Sfrpc-a02 01 /15/15 #15-053 BROWARD COUNTY, by and through its Board ounty mmissioners Y By _ r Mayor 91 day of & , 2019T Approved as to form by Joni Armstrong Coffey Broward County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By C , �� 6/(J— Mdite Azcoitia (Date) Deputy County Attorney (00010416 2 2363-0200962 ) Page 4 of 7 ATTEST: Print Name: Title: SECOND AMENDMENT TO INTERLOCAL AGREEMENT CREATING A SOUTH FLORIDA REGIONAL PLANNING COUNCIL (Miami -Dade County Signature Page) MIAMI-DADE COUNTY, by and through its Board of County Commissioners By: Mayor Approved as to legal form and sufficiency: County Attorney (00010416.2 2303-8200982) Page 5 of 7 SECOND AMENDMENT TO INTERLOCAL AGREEMENT CREATING A SOUTH FLORIDA REGIONAL PLANNING COUNCIL (Monroe County Signature Page) ATTEST: MONROE COUNTY, by and through its Board of County Commissioners By: Mayor Print Name: Title: Approved as to le al form and sufficiency: County Attorney {00010418.2 2383-82WM } Page 6 of 7 SECOND AMENDMENT TO INTERLOCAL AGREEMENT CREATING A SOUTH FLORIDA REGIONAL PLANNING COUNCIL (South Florida Regional Planning Council Signature Page) SOUTH FLORIDA REGIONAL ATTEST: PLANNING COUNCIL BY: James F. Murley As Executive Director Date: Approved as to legal form: BY: SAMUEL S. GOREN, ESQ. GENERAL COUNSEL SSG:DNT:dnt (00010416,2 2383-82OM2 ) Page 7 of 7