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HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-023Temp. Reso. #11771 Page 1 of 4 February 18, 2010 RESOLUTION NO. R-2010- ; 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 THE CITY OF TAMARAC TO BE DESIGNATED AS A SUBRECIPIENT FOR THE HOME CONSORTIUM AND DISBURSEMENT OF HOME FUNDS FOR FISCAL YEAR 2007-2008; PROVIDING FOR AN EXTENSION OF THE TERM OF THE AGREEMENT FOR AN ADDITIONAL YEAR; 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 February 25, 2009, the City Commission adopted Resolution No. R-2009-23, 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 2007-2008 in the amount of $129,446.00; and 1 Temp. Reso. #11771 Page 2 of 4 February 18, 2010 RESOLUTION NO. R-2010- ;?3 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 2007/2008 in order to provide the City with additional time to complete the HOME funded projects, up to and including April 10, 2011, and to provide for an amended HOME fund allocation of $137,159.84; 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 2007/2008, 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. Temp. Reso. #11771 Page 3 of 4 February 18, 2010 RESOLUTION NO. R-2010- o(2 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 5ubrecipient and Disbursement HOME Program for Fiscal Year 2007/2008, (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 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. Temp. Reso. #11771 Page 4 of 4 February 18, 2010 RESOLUTION NO. R-2010- d'q PASSED AND ADOPTED BY THE ITY CO MISSION OF THE CITY OF TAMARAC, FLORIDA THIS Z491 DAY OF / , 2010. ATTEST: f A � MARION SWE SON, CMC Y� CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. G .1 J7 q�,Ga , 2 V� SAMUEL S. G EN CITY ATTORNEY CITY OF TAMARAC, F ORIDAA&V �-� C_0 BETH TALABISCO, MAYOK Record of COMMISSION VOTE: MAYOR TALABISCO DIST 1: COMM BUSHNELL J DIST 2: COMM ATKINS-GRAD DIST 3: COMM GLASSER DIST 4: VM DRESSLER L 1 11 1-9117 71 FIRST AMENDMENT TO INTERLOCAL AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC for DESIGNATION OF SUBRECIPIENT AND DISBURSEMENT HOME PROGRAM FISCAL YEAR 2007/2008 FIRST AMENDMENT TO INTERLOCAL AGREEMENT Between BRO.WARD COUNTY and CITY OF TAMARAC For DESIGNATION OF SUBRECIPIENT AND DISBURSEMENT HOME PROGRAM FISCAL YEAR 2007/2008 THIS IS A FIRST AMENDMENT TO INTERLOCAL AGREEMENT ("Agreement") is entered into by and between BROWARD COUNTY, FLORIDA, a political subdivision of the State of Florida ("COUNTY"), and CITY OF TAMARAC, FLORIDA, a municipal corporation of the State of Florida ("CITY"), collectively referred to as the "Parties." WHEREAS, the Parties entered into an original Agreement dated April 10, 2009, pursuant to Section 163.01, Florida Statutes, also known as the Florida Interlocal Cooperation Act of 1969; and WHEREAS, the Parties desire to enter into this First Amendment to Interlocal Agreement to provide for a one (1) year extension to the term until April 10, 2011, in order to complete the project; 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: 1. The above recitals are true and correct and are incorporated herein as if set forth in full hereunder. 2. Pursuant to Paragraph 5 of the original Agreement, CITY has requested in writing, and COUNTY has agreed to an additional one (1) year extension to the term as more specifically described in Exhibit "B-1," attached hereto and made a part hereof. 3. Exhibit "B" of the original Agreement is hereby deleted in its entirety and a new Exhibit "B-1," attached hereto is substituted therefore and all references in the Agreement to Exhibit "B" after the effective date of this First Amendment to Agreement shall refer to Exhibit "B-1." 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. 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. (The remainder of this page is intentionally left blank) 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 Interim County Administrator, authorized to execute same, and CITY OF TAMARAC, signing by and through its Mayor, duly authorized to execute same. COUNTY WITNESSES: BROWARD COUNTY, through its COUNTY ADMINISTRATOR Signature By: Bertha Henry Print Name day of , 20_ Approved as to form by Signature JEFFREY J. NEWTON, County Attorney for Broward County, Florida Governmental Center, Suite 423 Print Name 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 Insurance requirements Approved as to form by County's Risk Management an By: _.. Dated: Patrice M. Eichen Assistant County Attorney FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC, FLORIDA, FOR DESIGNATION OF SUBRECIPIENT HOME PROGRAM CITY ATTEST: l r By: City Clerk CITY OF TAMARAC L By: M" — Mayor 11 1-1 ze /� ra"14 k S Co g Print/Type Name / day of &—"— , 20 A) By: /A71 —&- Ci Manager Ire, Print/T pe Name f day of '� �, 20.I2. Approved as to form and legality: By: VWV19- /� City Attor y Print/Type Name ,`7L day of ",41 1 20V FY 2007/2008 EXHIBIT "13-1" COSTSIBUDGET FOR PROJECT Funding Sources A Minimum of (Five) 5 HOUSEHOLDS Category HOME CDBG SHIP Total (Max $30,000) (Max $20,000) (Max.$30,000) A Construction $123,296.00 $140,000.00 $210,000.00 $473,296.00 B. Inspections C. Developer fee D. Direct client subsidy E. Contractual Services F. Appraisal G. Other $ 13,863.64 $ 13,863.64 (Recording/Doc Stamps, Appraisals, Inspections) H. Totals $137,169.64 $140,000.00 $210,000.00 $ 487,159.64 ExhibitsamenlfY07'n January2010 FY 2007/2008 EXHIBIT "B-1" (Continued) BUDGET NARRATIVE Explanation of above chart: Total HOME allocation: $137,159.64* 5 households to be assisted Construction/Rehab $123,296.00 Other $ 13,863.64 TOTAL Per household $ 30,000.00 (Fees & Rehab) "Other" may consist of the following: Lead Inspections, Work Specification Inspections, Appraisals, Recording/Doc Stamps The City of Tamarac receives additional funding from CDBG and SHIP. Our current maximum under the Housing Rehabilitation is $30,000 for CDBG and $30,000 for SHIP. *Increased amount include balances from previous Years Exhibitsamen1fyUn January 2010