HomeMy WebLinkAboutCity of Tamarac Resolution R-2012-035Temp. Reso. #12165
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February 6, 2012
RESOLUTION NO. R-2012-
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 COMMENCEMENT DATE
RETROACTIVE TO OCTOBER, 1, 2010 FOR FY 2010/2011
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 25, 2002; and
WHEREAS, on July 13, 2011, the City Commission adopted Resolution No. R-
2011-78, 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 2010-2011 in the amount of $139,297.00; 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 2010/2011 in order to provide the City
with an amended term of Agreement to reflect a commencement date retroactive to
October 1, 2010; and
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Temp. Reso. #12165
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February 6, 2012
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
2010/2011, 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 2010/2011, (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.
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 in conflict herewith are hereby
repealed to the extent of such conflict.
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Temp. Reso. #12165
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February 6, 2012
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.
PASSED AND ADOPTED BY THE CITY CO MISSI N OF THE CITY OF
TAMARAC, FLORIDA THIS _ I A-_ DAY OF , 2012.
C17Y OF TAMARAC,++FLORIDA
Gt,Nt. titer- J �� t l
PAMELA BUSHNELL, MAYOR
P. BUSHNELL
D. GLASSER
M. SWENSON a rg�14
M. GOMEZ
H. DRESSLER
E PETER . .%
1,TY CLERK
I HEREBY CERTIFY that I
Have approved this
RESOLUTION as to form.
, ,' 'SAM EL S. GOREN,
CITY ATTORNEY
FIRST AMENDMENT TO
INTERLOCAL AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
DESIGNATION OF SUBRECIPIENT AND DISBURSEMENT
HOME PROGRAM
MINOR HOME REPAIR/RESIDENTIALREHABILITATION PROGRAM
FY 2010/2011
CONTRACT #: 11-HFCDD-003-HOME
FIRST AMENDMENT TO
INTERLOCAL AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
DESIGNATION OF SUBRECIPIENT AND DISBURSEMENT
HOME PROGRAM
MINOR HOME REPAIR/RESIDENTIALREHABILITATION PROGRAM
FY 2010/2011
CONTRACT #: 11-HFCDD-003-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, acting by and through its Board of County Commissioners, hereinafter
referred to as "COUNTY," and CITY OF TAMARAC, a municipal corporation of the State
of Florida, hereinafter referred to as "CITY," collectively referred to as the "Parties."
WITNESSETH
WHEREAS, the Parties entered into an original Agreement ("Agreement") dated
August 10, 2011, providing for the Minor Home Repair/Residential Rehabilitation
Program; and
WHEREAS, the Parties desire to enter into this First Amendment to Agreement
amending the term of the Agreement to reflect a commencement date retroactive to
October 1, 2010, in order for COUNTY to reimburse CITY for services provided on the
Project prior to the effective date of the Agreement; and
WHEREAS, the unexpected delay in entering into the Agreement resulted from
COUNTY's decision to redraft its Subrecipient Form Agreement for use with the HOME
Program; and
WHEREAS, the Parties believe this First Amendment to Agreement is
reasonable and necessary and in the best interest of the public; NOW, THEREFORE,
IN CONSIDERATION of the mutual covenants set forth, the Parties agree as
follows:
The above recitals are true and correct and are incorporated herein as if set forth
in full hereunder.
2. Paragraph 5 of the Agreement is hereby amended to read as follows:
5. Timetable. CITY shall expend the HOME funds provided to it by COUNTY
under this Agreement commencing en the date of exeGUtiGR by COUNTY
on October 1, 2010, through December 31, 2013, as further described in
Exhibit "C," Timetable/Schedule for Project, unless terminated earlier or
extended as provided for herein. 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 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 to expend
thefunds allosa-ted-te tshe-PFGjeGt by DesembeF 31, 2013-. All funds not
expended within the term of this Agreement shall remain in the custody
and control of COUNTY.
3. Exhibit "C" of the Agreement is hereby deleted in its entirety and a new
Exhibit "C-1," attached hereto is substituted therefore. After the effective date of
this First Amendment to Agreement, all references in the Agreement to Exhibit
"C," Timetable/Schedule for Project, shall refer to Exhibit "C-1,"
Timetable/Project Schedule.
4. Except as provided for herein this First Amendment to Agreement, the terms and
conditions set forth in the original Agreement shall remain in force and effect.
5. The effective date of this First Amendment to Agreement shall be the date of full
execution by both parties.
6. This First Amendment to Agreement may be fully executed in multiple copies by
all parties, each of which, bearing original signatures, shall have the force and
effect of an original document.
(Remainder of Page Intentionally Left Blank)
Words in StFUGk thFG6i94 type are deletions from existing text.
Words in underscored type are additions to existing text.
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IN WITNESS WHEREOF, the parties hereto have made and executed this First
Amendment to Interlocal Agreement: BROWARD COUNTY, through its BOARD OF
COUNTY COMMISSIONERS, signing by and through its County Administrator,
authorized to execute same, and CITY OF TAMARAC, signing by and through its Mayor
and City Attorney, duly authorized to execute same.
WITNESSES:
Signature
Print Name
Signature
Print Name
Insurance requirements
approved by Broward County
Risk Management Division
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PME:hb
1/31/12
1ST AMEND ILA TAMARAC FY 2010.doc
12-129.13
COUNTY
BROWARD COUNTY, through
its COUNTY ADMINISTRATOR
day of 12012.
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) 357-7641
X
Patrice M. Eichen (Date)
Assistant County Attorney
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FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD
COUNTY AND CITY OF TAMARAC FOR DESIGNATION OF SUBRECIPIENT AND
DISBURSEMENT HOME PROGRAM, MINOR HOME
REPAIR/RESIDENTIALREHABILITATION PROGRAM, FY 2010/2011
ATTEST:
i,.Clerk
CITY
CITY OF TAMARAC
By OaAA?,L �)vLt((
Mayor
6)K(_'LK1 , J Sff 0CL4 _
Print/Type Name
day of t,� , 2012
Appr ed as to form,.@nd legality:
City Attorney
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EXHIBIT "C-1"
TIMETABLE/PROJECT SCHEDULE
WORK TASKS
Identify Process
Income Eligible Households
Work Write -Ups
Begin Rehabilitation work
START-UP
July -Aug 2010
July -Aug 2010
Oct 2010
Provide Monthly Progress Reports Oct 2010
Invoice COUNTY Dec 2010
Provide Final Report to COUNTY N/A
COMPLETION
December 31, 2010
On -going
On -going
December 31, 2013
December 31, 2013
December 31, 2013
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