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HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-054Temporary Resolution #11608 April 20, 2009 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2009- Y 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 33 - CITYWIDE SINGLE -UNIT AND MULTI -UNIT HOUSING REHABILITATION AND TEMPORARY RELOCATION IN THE AMOUNT OF $723,804.00 AS PART OF THE 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 June 27, 2007 the City Commission of the City of Tamarac adopted Resolution No. 2007-87, thereby approving and authorizing the execution of an Interlocal Agreement between the City of Tamarac (the "City") and Broward County to provide for the funding for citywide single -unit and multi -unit housing rehabilitation in the amount of $723,804.00 as part of the 2005 Community Development Block Grant Disaster Recovery Initiative from the Florida Department of Community Affairs (the "Agreement"); and WHEREAS, on February 27, 2008 the City Commission adopted Resolution No. 2008-16 thereby authorizing and directing the City Administration to execute an Temporary Resolution #11608 April 20, 2009 Page 2 of 4 amendment to the Agreement providing for the reallocation of funding from rehabilitation to relocation assistance; and and WHEREAS, the term of the Agreement is now set to expire on May 11, 2009; 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 November 11, 2009; and WHEREAS, the County inadvertently executed the original Agreement subsequent to the City's adoption of the prior amendment providing for the reallocation of funds, thereby making this proposed extension of time the formal First Amendment to the Agreement; 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 November 11, 2009. 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. 1 2 1 Temporary Resolution #11608 April 20, 2009 Page 3 of 4 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" and incorporated herein. 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 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. THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. 3 Temporary Resolution #11608 April 20, 2009 Page 4 of 4 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS &L DAY OF 2009. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I Have approved this RESOL TION as to orm. V1 Jl jztrog CITY A O NE SSG:JGH HA2005\050164 TAMARAC\RESO 2009\TR CITY OF TAM}A�RAC, FLORIDA 6 BETH TALABISCO, MA OR B. TALABISCO P. BUSHNELL D. GLASSER' P. ATKINS-GRAD' H. DRESSLER�J (CDBG Disaster Recovery Initiative - First Amendment).doc 0 1 1 BI�cWNARD "M JUNN - I AN 11: 30 Ccl- 1,-UUN I T RECEIVED Environmental Protection and Growth Management Departments I' HOUSING FINANCE AND COMMUNITY DEVELOPMENT DIVISION 110 Northeast 3'" Street, Suite #300 • Fort Lauderdale, Florida 33301 •954-765-5311 - FAX 954-765-8976 May 14, 2009 Mr. Jeffrey L. Miller, City Manager City of Tamarac 7525 NW 88th Avenue Tamarac, FL 33321 1 2 (. o uAL Wk- RE: Time Extension Modification 2005 CDBG Disaster Recovery Initiative (DRI) Agreement City of Tamarac Service Area 33 - Citywide Single Unit and Multi -Unit Housing Rehabilitation in the amount of $723,804 Dear Mr. Miller: Please find enclosed the executed original First Amendment to the Agreement between Broward County and the City of Tamarac providing CDBG-DRI funding for Service Area 33 - Citywide Single Unit and Multi -Unit Housing Rehabilitation in the amount of $723,804, You are hereby authorized to continue to incur costs for this project until the contract expiration date of November 11, 2009. Any questions or concerns you may have about the administration of this Agreement should be directed to Yvette Lopez, Housing Programs Supervisor, of my staff at 954-765-5383. We look forward to working with you on this very important project. Since ly, Ralph Stone, Director 77- Housing Finance and Community Development Division Enclosure 0 , cc w/o enclosure: �+ Ron Bono, Housing Finance and Community Development Section Manager Angela Bauldree, City of Tamarac Broward County Board of County Commissioners Josephus Eggelletion, Jr. • Sue Gunzburger - Kristin D. Jacobs - Ken Keechl - Ilene Lieberman - Stacy Ritter - John E. Rodstrom, Jr. - Diana Wasserman -Rubin • Lois Wexler www.broward.org t FIRST AMENDMENT TO AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC for SERVICE AREA 33 — CITYWIDE SINGLE UNIT AND MULTI -UNIT HOUSING REHABILITATION AND TEMPORARY RELOCATION IN THE AMOUNT OF $723,804 PROVIDING FOR FUNDING AND ADMINISTRATION OF 2005 COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY INITIATIVE FROM THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS Contract Number: 07-DB-3V-11-16-01-Z08 FIRST AMENDMENT TO AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC for SERVICE AREA 8C --- GENERATORS FOR ESSENTIAL PUBLIC FACILITIES 2006E IN THE AMOUNT OF $723,804 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 Commissions, /_1►191 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 the Agreement dated February 26, 2009, providing for funding and administration of community development block grant programs in the amount of Seven Hundred Twenty-three Thousand Eight Hundred Four and 00/100 Dollars ($723,804.00); and WHEREAS, the Parties desire to enter into a First Amendment to the Agreement revising "Attachment B" Project Work Plan and extending the term of the Agreement from May 11, 2009 to November 11, 2009; and WHEREAS, the Parties believe this amendment 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: DRI CDBG 1ST Amendment — Tamarac service Area 33 - 2 - 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 an additional six (6) month extension in the term as more specifically described in Exhibit "B-1," attached hereto and made a part hereof. 3. Article 9 -- Term of Agreement — This Agreement shall commence on May 11, 2007, and shall end on May 11, 2 November 11, 2009, unless terminated earlier or extended pursuant to the terms of this Agreement. 4. 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." 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) DR[ CDBG 1ST Amendment — Tamarac Service Area 33 - 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 C ►TY M A IV A G E49, duly authorized to execute same. WITNESSES: Signature Print Name COUNTY w,t BROWARD COUNTY, through its N , ;GO NTY ADMINISTRATOR A By: ertha Henry t. County Administrator n:. n day of , 9r)A F Approved as to form by Signature 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 Print Name Insurance requirements Approved as tp form by County Risv /lanagement M Dated: Z� 1 —1 By: 05 c7 9. Denis agerhol , Esq. Assista County Attorney DRI CDBG 1$T Amendment — Tamarac Service Area 33 - 4 - FIRST AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR SERVICE AREA 33 - CITYWIDE SINGLE UNIT AND MULTI -UNIT HOUSING REHABILITATION AND TEMPORARY RELOCATION IN THE AMOUNT OF $723,804.00 PROVIDING FOR FUNDING AND ADMINISTRATION OF 2005 COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY INITIATIVE FROM THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ATTEST - City Clerk MUNICIPAL SUBRECIPIENT APPROVE S TO LEGAL SUFFICIENCY: By: t� City Atto y STATE OF FLORIDA SS. COUNTY OF 1?rJ(.Va r t CITY OF TAMARAC, FLORIDA By: S nature Print N me and Titl ,�;�- day of / W, 20 c The foregoingforggoing instrument wa4 acknowledged before a his d day of 1- . 20d , by '- , e�(� -zi' , as . .�._' of -� �--� ��-- -- He or she -is Tniiljto me r has produc d ° as identi ication and who did take an oath. MZ-1-�-1/ iO'I'H.RY PUIII,IC-STAIF OF FLORIDA Tina M. Wheatley COLC.' nnission # DD581925 Egires: AUG. 06, 2010 BONDf.D'I HRU AT'i.A.NI'IC BONDING CO., INC.. DRI GDBG I6T Amendment - Tamarac Service Area 33 - 5 - Notary Public, Stale of Florida Commission No.: 125 My commission expires: NOTARY PL)SLIC-STATE OF FLORIDP Thia M. 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