HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-077Temporary Resolution #11834
June 1, 2010
Page 1 of 3
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2010-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, APPROVING AND
ACCEPTING THE FIRST 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
FIRST 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 #11834
June 1, 2010
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Disaster Recovery Initiative from the Florida Department of Community Affairs (the
"Agreement"); and
and
WHEREAS, the term of the Agreement is now set to expire on June 27, 2010;
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
First Amendment to the Agreement extending the term to December 27, 2010; and
WHEREAS, City Staff has reviewed the proposed First 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 First Amendment to
the Agreement thereby providing for an extension of the term to December 27, 2010.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
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
First Amendment to the Agreement, a copy of which is attached hereto as Exhibit "A".
The appropriate members of the City Administration are hereby further authorized and
directed to take any and all steps necessary to effectuate the intent of this resolution
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Temporary Resolution #11834
June 1, 2010
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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: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS DAY OF 2010.
ATTEST:
MARION S\rVENSON,tMC
CITY ARK
I HEREBY CERTIFY that I
Have approved this
RES TION as to form.
'41, 6bl,
CIT ATTO NE
V1
CITY OF TAMARAC, FLORIDA
BETH TALABISCO, MAYOR
B. TALABISCO 1
P. BUSHNELL
D. GLASSER
P. ATKINS-GRAD.-'
H. DRESSLER 66--'
3
FIRST 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 COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY
INITIATIVE FROM THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
FIRST 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 COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY
INITIATIVE FROM THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
This is a First 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,
AND
CITY OF TAMARAC, a municipal corporation of the State of Florida, its
successors in interest, hereinafter referred to as "MUNICIPAL SUBRECIPIENT."
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 desire to enter into a this First Amendment to Agreement
extending the term of the Agreement for six (6) 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 Attachment "B" shall be amended
as provided for herein; and
CDBG-DRI 1 st Amend —Tamarac- Service Area (25) - 2 -
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 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, CITY has requested in
writing, and COUNTY has agreed to a six (6) month extension in the term as
more specifically described in Attachment "B-1," 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 june 27, 2 December 27, 2010, unless terminated earlier or
extended pursuant to the terms of the Agreement. The termination
date provided above is 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.
4. Attachment "B" of the Agreement, as amended, is hereby deleted in its entirety
and a new Attachment "B-1," attached hereto is substituted therefore and all
references in the Agreement to Attachment "B" after the effective date of this
First Amendment to Agreement shall refer to Attachment "B-1."
5. 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.
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.
(The remainder of this page is intentionally left blank)
CDBG-DRI 1 st Amend —Tamarac- Service Area (25) - 3 -
IN WITNESS WHEREOF, the Parties have made and executed this First
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
WITNESSES:
Signature
Print Name
Signature
Print Name
Insurance requirements
Approved as to form by
County's Risk Management
Dated:
BROWARD COUNTY, through its
COUNTY ADMINISTRATOR
By:
Bertha Henry
County Administrator
day of , 20_
Approved as to form by
JEFFREY J. NEWTON, 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:
PATRICE M. EICHEN
Assistant County Attorney
CDBG-DRI 1st Amend —Tamarac- Service Area (25) - 4 -
FIRST 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 COMMUNITY DEVELOPMENT BLOCK GRANT
DISASTER RECOVERY INITIATIVE FROM THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS
MUNICIPAL SUBRECIPIENT
ATTEST:
Y.114
City Clerk
� l _
APPROVE S TO L GAL SUFFICIENCY:
By. f/slw
City Att rney
CITY OF TAMARAC, FLORIDA
Signature
Ljy Y/ Ile r
Q�J Pri t Name and Title
<% day of % , 20 /0
CDBG-DRI 1st Amend —Tamarac- Service Area (25) - 5
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