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HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-014Temp. Reso. #12449 Page 1 of 4 January 22, 2014 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2014-- A/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF TAMARAC AND BROWARD COUNTY TO PROVIDE FOR AN AMENDMENT TO THE TERM OF THE AGREEMENT TO REFLECT A TERMINATION DATE OF FEBRUARY 13, 2015 FOR FY 2011/2012 HOME PROGRAM FUNDS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac, Florida (hereinafter referred to as the "City"), and Broward County (hereinafter referred to as the "County"), are members of the Broward County HOME Consortium ("Consortium"), and are subject to the terms and conditions of that certain HOME Investment Partnership Program Consortium Cooperation Agreement ("HOME Agreement") entered into on June 14, 2011; and WHEREAS, on January 25, 2012, the City Commission adopted Resolution No. R-2012-12, which authorized the execution of an Interlocal Agreement with Broward County to provide for the City to be designated as a HOME subrecipient in order to directly execute contracts for HOME related activities, and to provide for the allocation of HOME Program funds for Fiscal Year 2011-2012 in the amount of $124,849.00; and WHEREAS, Broward County has requested that the City enter into a First Amendment to the Interlocal Agreement for Designation of Subrecipient and Disbursement HOME Program for Fiscal Year 2011/2012 in order to provide the City Temp. Reso. #12449 Page 2 of 4 January 22, 2014 with an amended term of Agreement to reflect a revised termination date of February 13, 2015; and WHEREAS, the City Commission finds that it is in the best interest of the health, safety, and welfare of the citizens and residents of the City of Tamarac to enter into the First Amendment to the Interlocal Agreement with Broward County for Designation of Subrecipient and Disbursement HOME Program for Fiscal Year 2011/2012, a copy of which is attached hereto as Exhibit "A", and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. Section 2. The City Commission of the City of Tamarac, Florida hereby approves the First Amendment to the Interlocal Agreement between Broward County and the City of Tamarac for Designation of Subrecipient and Disbursement HOME Program for Fiscal Year 2011/2012, (the "First Amendment"), a copy of which is attached hereto as Exhibit "A", and incorporated herein by reference, and authorizes the Mayor or Vice -Mayor to sign the First Amendment, and for City Manager and City staff to take any and all action necessary to effectuate the intent of this Resolution. Temp. Reso. #12449 Page 3 of 4 January 22, 2014 Section 3. The City Clerk is hereby directed to provide a signed copy of the First Amendment to the appropriate Broward County Representative. Section 4. All resolutions or parts of resolutions on in conflict herewith be, and the same are hereby repealed to the extent of such conflict. Section 5. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 6. This Resolution shall become effective immediately upon its passage and adoption. (The balance of this page intentionally left blank) Temp. Reso. #12449 Page 4 of 4 January 22, 2014 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS % 1. DAY OF /'r-r , 2014. CITY OF TAMARAC, FLORIDA HA RY bRE8SLER, MAYOR COMM. BUSHNELL COMM. GOMEZ -� COMM. GLASSER MAYOR DRESSLER ATTEST: PATRICIA TEU�EL, 0 CITY CLERK I HEREBY CERTIFY that I Have approved this RESOLUTION as to form. ATTORN FIRST AMENDMENT TO INTERLOCAL AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC for DESIGNATION OF SUBRECIPIENT AND DISBURSEMENT HOME PROGRAM MINOR HOME REPAIR PROGRAM FY 2011 /2012 CONTRACT #11-HFCD-056-HOME FIRST AMENDMENT TO INTERLOCAL AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC for DESIGNATION OF SUBRECIPIENT AND DISBURSEMENT HOME PROGRAM MINOR HOME REPAIR PROGRAM FY 2011 /2012 CONTRACT #11-HFCD-056-HOME This is a First Amendment to Interlocal Agreement ("First Amendment"), 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 TAMARAC, a municipal corporation of the State of Florida ("CITY"), collectively referred to as "the Parties." WITNESSETH: WHEREAS, the Parties are members of the Broward County HOME Investment Partnership Program Consortium ("HOME Consortium"), and are subject to the terms and conditions of that certain HOME Investment Partnership Program Consortium Cooperation Agreement ("HOME Consortium Agreement") entered into by all members of the Consortium dated June 14, 2011; said HOME Consortium Agreement is incorporated herein by reference; and WHEREAS, COUNTY, in its representative capacity to the U. S. Department of Housing and Urban Development ("HUD") for all members of the Consortium, is the recipient of HOME funds from HUD, and COUNTY allocated a portion of the HOME funds to various municipalities within the Consortium, including CITY; and WHEREAS, the Parties entered into an Agreement ("Agreement") on February 13, 2012, providing for CITY to implement HOME eligible activities within CITY; and WHEREAS, the Parties desire to enter into this First Amendment to extend the term of the Agreement for one (1) year in order for CITY to complete the Project; and WHEREAS, this First Amendment is necessary and reasonable under the circumstances, and is in the best interest of the public; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, and covenants hereinafter set forth, the Parties agree as follows: 1. The above recitals are true and correct and are incorporated herein as if set forth in full hereunder. 2. Article 5, Timetable, shall be amended as follows: The term of this Agreement shall commence on the date of execution by COUNTY and shall end on twe (2) „eaFs from said date February 13, 2015, as further described in Exhibit "C," Timetable/Schedule for Project. This Agreement may be extended by the Parties for additional term(s) of up to one (1) year each, upon CITY's written request to COUNTY's the Contract Administrator in order to complete the Project. For COUNTY, the County Administrator is authorized to enter into any extensions to the term of this Agreement. CITY agrees 4e shall expend the funds allocated to the Project within the term of this Agreement. All funds not expended within the term of this Agreement shall remain in the custody and control of COUNTY. 3. Exhibit "C," Timetable/Schedule for Project, is amended to extend the time for completion as provided for in Exhibit "C-1," Timetable/Schedule for Project, attached hereto. 4. All other terms and conditions of the Agreement, not inconsistent herewith, shall remain in full force and effect and are to be performed at the level specified in the Agreement. 5. This First Amendment shall be effective upon full execution by both the Parties. -2- 6. This First Amendment shall be executed in four (4) counterparts, each of which shall be deemed to be an original. (Remainder of Page Intentionally Left Blank) Words in StFUGk thFewql4 type are deletions from existing text. Words in underscored type are additions. -3- IN WITNESS WHEREOF, the Parties hereto have made and executed this First Amendment to Agreement: BROWARD COUNTY, through the County Administrator, authorized to execute same, and CITY OF TAMARAC, signing by and through its , duly authorized to execute same. WITNESSES: Signature Print Name Signature Print Name Insurance requirements approved by Broward County Risk Management Division COUNTY BROWARD COUNTY, through the County Administrator is Bertha Henry day of 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 2014 Signature (Date) Patrice M. Eichen (Date) Assistant County Attorney Print Name and Title above PME:hb 1/10/14 1st Amendment Tamarac FY11-12.doc #14-115.20 -4- FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC, FOR DESIGNATION OF SUBRECIPIENT AND DISBURSEMENT HOME PROGRAM MINOR HOME REPAIR PROGRAM ATTEST: City Clerk RA"//i O� ' 6 LL CITY -5- CITY OF MARAC f By: Mayor PrinTType Name day of , 2014 B. City, / Manager 1 -' �y!`� ( ( - l_ Print/Type Name 0 day of Fc� CAAr , 2014 EXHIBIT C-1 TIMETABLE/SCHEDULE FOR PROJECT WORK TASKS Identify and process Income Eligible Households Work Write -Ups Provide Monthly Progress Reports to COUNTY Begin Rehabilitation work Invoice the County Provide Final Report to COUNTY START-UP COMPLETION December 2011 June 2013 January 2012 On -going January 2012 On -going April 2012 Osteber 2013 On -going July 2012 OstebeF 2013 January 2015 N/A 2 yea after exeGUtiGR of AgFeemeRt by GGu4* February 13, 2015