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HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-008Temporary Resolution #11974 January 5, 2011 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2011- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING AND ACCEPTING THE SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC FOR SERVICE AREA 25 — SINGLE FAMILY AND MULTI- FAMILY HURRICANE MITIGATION IN THE AMOUNT OF $593,339.51 PROVIDING FOR FUNDING AND ADMINISTRATION OF 2005 COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY INITIATIVE FROM THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO TAKE ANY AND ALL STEPS NECESSARY TO EXECUTE THE SECOND AMENDMENT AND EFFECTUATE THE PRESENT AND FUTURE INTENT OF THIS RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 11, 2007, the City Commission of the City of Tamarac adopted Resolution No. 2007-138, thereby approving and authorizing the submittal of an application for funding by the City of Tamarac (the "City") through the Supplemental Disaster Recovery Initiative Community Development Block Grant Program ("CDBG"); and WHEREAS, the City and Broward County entered into an Interlocal Agreement dated February 17, 2009, providing for funding and administration of CDBG programs in the amount of Five Hundred Ninety-three Thousand Three Hundred Thirty-nine Dollars and 51/100 ($593,339.51) as part of the 2005 Community Development Block Grant Temporary Resolution #11974 June 1, 2010 Page 2 of 4 Disaster Recovery Initiative from the Florida Department of Community Affairs (the "Agreement"); and WHEREAS, on June 10, 2010 the City Commission approved the First Amendment to the Agreement extending the term; and WHEREAS, the term of the Agreement expired on December 27, 2010; and WHEREAS, in an effort to fully administer and to implement the Agreement and ensure the satisfaction of all terms set forth therein, the Parties desire to enter into a Second Amendment to the Agreement extending the term to March 27, 2011; and WHEREAS, City Staff has reviewed the proposed Second Amendment to the Agreement and recommends the execution thereof; and WHEREAS, the City Commission of the City of Tamarac deems it to be in the best interests of the citizens and residents of the City to execute the Second Amendment to the Agreement thereby providing for an extension of the term to March 27, 2011. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 4 1 Temporary Resolution #11974 June 1, 2010 Page 3 of 4 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. All exhibits attached hereto are incorporated herein and made a specific part of this Resolution. SECTION 2: The City Commission approves and authorizes the execution of the Second Amendment to the Agreement, a copy of which is attached hereto as Exhibit "A". The appropriate members of the City Administration are hereby furth-er authorized and directed to take any and all steps necessary to effectuate the intent of this resolution now and in the future. SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: 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 5: passage and adoption. This Resolution shall become effective immediately upon its 3 Temporary Resolution #11974 June 1, 2010 Page 4 of 4 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS Q-& DAY OF , 2011. ATTEST: PETER M-..t; .RI HA DSON, CRM, CMC CITY CLERK RECORD OF COMMISSION VOTE: I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM. SA UEL S. GOREN I CITY ATTORNEY MAYOR TALABISCO DIST 1: V/M BUSHN L_1 � DIST 2: COMM. GOMEZy. DIST 3: COMM. GLASSER�-�—' DIST 4: COMM. DRESSLER_�� EA 1 SECOND AMENDMENT TO AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC for SERVICE AREA 25 —SINGLE FAMILY HURRICANE MITIGATION IN THE AMOUNT OF $593,339.51 PROVIDING FOR FUNDING AND ADMINISTRATION OF 2005 SUPPLEMENTAL COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY INITIATIVE FROM THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS SECOND AMENDMENT TO AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC for SERVICE AREA 25 —SINGLE FAMILY HURRICANE MITIGATION IN THE AMOUNT OF $593,339.51 PROVIDING FOR FUNDING AND ADMINISTRATION OF 2005 SUPPLEMENTAL COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY INITIATIVE FROM THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS This is a Second Amendment to Agreement between BROWARD COUNTY, a political subdivision of the State of Florida, its successors and assigns, hereinafter referred to as "COUNTY SUBGRANTEE," through its Board of County Commissioners, i J CITY OF TAMARAC, a municipal corporation of the State of Florida, its successors in interest, hereinafter referred to as "MUNICIPAL SUBRECIPIENT," collectively referred to herein as the "Parties." WHEREAS, the Parties entered into an Agreement dated February 17, 2009, providing for funding and administration of Community Development Block Grant programs in the amount of Five Hundred Ninety-three Thousand Three Hundred Thirty- nine Dollars and 51/100 ($593,339.51); and WHEREAS, the Parties entered into a First Amendment to Agreement dated June 25, 2010, extending the term of the Agreement for six (6) months; and CDBG-DRi 2nd Amend —Tamarac- Service Area (25) - 2 - WHEREAS, the Parties desire to enter into this Second Amendment to Agreement extending the term of the Agreement for an additional three (3) months, subject to COUNTY being granted an extension to the term of that certain Grant Agreement it has with the State of Florida, Department of Community Affairs for Disaster Recovery Initiative funds; and WHEREAS, Article 9, Term of Agreement, and Exhibit "B-1," as amended, shall be further amended as provided for herein; and WHEREAS, the Parties believe this Second 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 herein, the Parties agree to amend the Agreement as follows: 1. The above recitals are true and correct and are incorporated herein as if set forth in full hereunder. 2. Pursuant to Paragraph 12.4 of the original Agreement, MUNICIPAL SUBRECIPEINT has requested in writing, and COUNTY SUBGRANTEE has agreed to a three (3) month extension in the term as more specifically described in Exhibit "B-2," attached hereto and made a part hereof. 3. Article 9, Term of Agreement, is hereby amended to read as follows: This Agreement shall commence on June 27, 2008, and shall end on DeGeFnbeF27, 20!0 March 27, 2011, unless terminated earlier or extended pursuant to the terms of this Agreement. The termination date provided above is subject to COUNTY SUBGRANTEE being granted an extension to the term of that certain Grant Agreement it has with the State of Florida, Department of Community Affairs. 4. Attachment "B-1" of the Agreement, as amended, is hereby deleted in its entirety and a new Attachment "B-2," attached hereto is substituted therefore and all references in the Agreement to Attachment "B-1" after the effective date of this Second Amendment to Agreement shall refer to Attachment "B-2." 5. Except as provided for herein this Second Amendment to Agreement, the terms and conditions set forth in the original Agreement shall remain in force and effect. 6. The effective date of this Second Amendment to Agreement shall be the date of execution by COUNTY. CDBG-DRI 2nd Amend —Tamarac- Service Area (25) -3- 7. This Second 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. IN WITNESS WHEREOF, the Parties have made and executed this Second Amendment to Agreement on the respective dates under each signature: BROWARD COUNTY through the BROWARD COUNTY ADMINISTRATOR, authorized to execute same by resolution of the Board of County Commissioners, and CITY OF TAMARAC, signing by and through its duly authorized to execute same. COUNTY SUBGRANTEE WITNESSES: Signature aOLORINDO ATANGAN Print Name la& T— . Signat re DA`JID C. CRANKSHAW Print Name ^' - ,. Insurance requirements':; Approved as to forrr'by` County's Risk Manag'nt By: Dated: 12-&, ll V BROWARD COUNTY, through its COUNTY ADMINISTRAT By: X- Bertha Henry 4�L� County Administrator 23 day of , 20�6 _LA�, , _ Approved as to form by ANDREW J. MEYERS, Interim County Attorney for Broward County, Florida Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By: /, 2-,c—,--,- T E M. EN y Assistant County Attorney CDBG-DRI 2nd Amend —Tamarac- Service Area (26) - 4 - SECOND AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR SERVICE AREA 25 — SINGLE FAMILY HURRICANE MITIGATION IN THE AMOUNT OF $593,339.51 PROVIDING FOR FUNDING AND ADMINISTRATION OF 2005 SUPPLEMENTAL COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY INITIATIVE FROM THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS MUNICIPAL SUBRECIPIENT ATTEST: APPROVE AS TO LEGAL SUFFICIENCY: By - City At orney CITY OF TAMARAC, FLORIDA ignature P Int Name and Titl J6 day of , 201/. CDBG-DRI 2nd Amend —Tamarac- Service Area (25) - 5 - Q O v N � �C� O w 0. d CO "' (a 0 v m r U � aw wC7 w� z amW p LU a aww a H O m � w N Q Ill 000.. U) U. LL ma� zo: LU =�2 tL a�`o �O ao co a O Z z 9 O co w V r � ar a �mN 0 m coa cn Zw z�a waw V d Z WOW w 0 (1) C >, O L _ N W 0E00(n a •- — (D O•COlk D LL. 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