HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-163Temporary Resolution #11293 — October 1, 2007
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2007- /lvj
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO APPROVE
AN AMENDMENT TO THE MEMORANDUM OF
UNDERSTANDING ("MOU") BETWEEN BROWARD
COUNTY AND THE CITY OF TAMARAC TO
PROVIDE FOR A ONE YEAR EXTENSION FOR THE
ADMINISTRATION OF THE HOME FUNDING
PROGRAM FOR FISCAL YEAR 2003/2004 (CASE
NO. 14-MI-07); PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the National Affordable Housing Act of 1990 authorized the U.S.
Department of Housing and Urban Development ("HUD") to provide financial assistance to
local governments to undertake or to assist in undertaking housing assistance activities in
accordance with the HOME Investment Partnerships Program ("HOME Program"); and
WHEREAS, Resolution No. 2002-159, which is attached hereto as Exhibit "A",
authorized an agreement between the City of Tamarac and Broward County in order for the
City to participate as a member of the Broward County HOME Consortium entered into on
June 25, 2002 and in exchange, did receive an estimated One Hundred Fifteen Thousand
Two Hundred dollars ($115,200.00) each year; and
WHEREAS, Broward County, in its representative capacity to the Department of
Housing and Urban Development ("HUD") for all members of the Consortium, was the
recipient of HOME funds, and allocated the City of Tamarac an estimated One Hundred
Forty Six Thousand Two Hundred and Seventeen Dollars ($146,217.00) for FY2003/2004;
Temporary Resolution #11293 — October 1, 2007
Page 2
and
WHEREAS,, the City of Tamarac's participation in the HOME Consortium was
automatically renewed for a successive three (3) year period and is currently in its October
1, 2005 through October 1, 2008 period, and as a continued member of the Broward
County Consortium, the City in exchange will receive approximately One -Hundred Forty -
Thousand Eight -Hundred Eleven Dollars ($140,811.00) per year in HOME funds for
housing activities to be administered though the Broward County Consortium's
Memorandum of Understanding; and
WHEREAS, Broward County and the City of Tamarac entered into a Memorandum
of Understanding ("MOU"), which is attached hereto as Exhibit "B", which permitted
Broward County to administer the City's allocated HOME funds; and
WHEREAS, on May 11, 2005, the City Commission for the City of Tamarac, through
the adoption of Resolution No. R-2005-85 approved the Memorandum of Understanding
between Broward County and the City of Tamarac for the administration of the HOME
Funding Program for FY 2003-2004; and
WHEREAS, on July 12, 2006, City Commission of the City of Tamarac, through the
adoption of Resolution No. R-2006-127 authorized an amendment to the Memorandum of
Understanding between the City and Broward County to allow an extension for the
administration of the HOME Funding Program for FY 2003-2004 for an additional fifteen
(15) months; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to approve the
Temporary Resolution #11293 — October 1, 2007
Page 3
Amendment to the Memorandum of Understanding ("MOU") between Broward County and
the City of Tamarac to allow for an extension for the administration of the HOME Funding
Program for FY 2003/2004 up to and including September 30, 2008.
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.
SECTION 2: That the City Commission of the City of Tamarac, Florida
hereby approves the Memorandum of Understanding ("MOU") for FY 2003-2004 between
Broward County and the City of Tamarac for the administration of the HOME Funding
Program for FY 2003-2004 a term of up to and including September 30, 2008. A copy of
the amendment to the Memorandum of Understanding is attached hereto as Exhibit "C,
and is incorporated herein by reference.
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.
Temporary Resolution #11293 -- October 1, 2007
Page 4
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS eLLk DAY OF - ) , 2007.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
k w' Al� '(("rL )r7
S MUEL 9. GFY
N
CITY ATTO
CITY OF TAM RACE, FLORIDA
,,,
BETH FLANSBAUM-TALABibc6, MAYOR
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
DIST 1: COMM. PORTNER
DIST 2: COMM. ATKINS-GRAD
DIST 3: V/M SULTANOF eW
DIST 4: COMM. DRESSLER
1
1
SECOND AMENDMENT TO
MEMORANDUM OF UNDERSTANDING
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
ADMINISTRATION OF HOME FUNDING PROGRAM
FISCAL YEAR 2003/2004
SECOND AMENDMENT TO
MEMORANDUM OF UNDERSTANDING
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
ADMINISTRATION OF HOME FUNDING PROGRAM
FISCAL YEAR 2003/2004
This is a Second Amendment to Memorandum of Understanding ("MOU")
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 MOU dated June 29, 2005,
pursuant to Section 163.01, Florida Statutes, also known as the Florida Interlocal
Cooperation Act of 1969; and
WHEREAS, the Parties entered into a First Amendment to the Memorandum of
Understanding to provide for a fifteen (15) month extension in the original term until
September 20, 2007, in order to complete the project; and
WHEREAS, the Parties desire to enter into this Second Amendment to the
Memorandum of Understanding to provide an extension until September 30, 2008, or
one year from the final execution date whichever is later, in order to complete the
project; and
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. Paragraph 4 of the original Agreement is hereby amended to reflect an extension
until September 30, 2008, or one year from the final execution date whichever is
later, unless terminated earlier as provided for in the Agreement.
-1-
3. Exhibit "C" of the original Agreement is hereby deleted in its entirety and a new
Exhibit "C-2," attached hereto is substituted therefore and all references in the
Agreement to Exhibit °C" after the effective date of this Second Amendment to
Agreement shall refer to Exhibit "C-2."
4. Except as provided for herein this Second Amendment to the MOU, the terms
and conditions set forth in the original MOU shall remain in force and effect.
5. This Second Amendment to the MOU 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 hereto have made and executed this
SECOND AMENDMENT TO MEMORANDUM OF UNDERSTANDING: 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 City Manager, duly authorized to execute same.
WITNESSES:
Signature
Print Name
Signature
Print Name
Insurance requirements
approved as to form by
County's Risk Management
Division
By
MI INTY
-2-
BROWARD COUNTY, through
its COUNTY ADMINISTRATOR
County Administrator
day of , 2007.
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
At
A. Denise Sagerholm, Esquire
Assistant County Attorney
Dated:
SECOND AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN
BROWARD COUNTY AND CITY OF TAMARAC, FLORIDA, FOR ADMINISTRATION
OF HOME FUNDING PROGRAM FISCAL YEAR 2003/2004
ATTEST:
City Clerk
ADS:ydc
07-129.00
09/06/2007
2nd AMENDMENT Tamarac MOU FY2003-2004.doc
CITY
-3-
CITY OF TAMARAC
Print/Type Name
day of '2007.
Approve ,a,,••s''to form and legality:
A� q z,
City Attorn
Exhibit "C-2"
Proiect Schedule/Timeline Table
The table below lists the main work tasks required to complete project objectives before
the term of the agreement expires.
Work Task
Start -Up Date
Date of Completion
Notice of Funding
Recommendation and Contract
October 1, 2007
October 1, 2007
Negotiation 03/04 and 04/05
Notice to Proceed
October 1, 2007
October 1, 2007
Program Marketing/Outreach
October 1, 2007
Jan 31, 2008
Certification of Applicants
October 1, 2007
February 28, 2008
Work write-ups
October 1, 2007
April 1, 2008
Rehabilitation
October 1, 2007
September 30, 2008
*Close out of Funding Years
October 1, 2007
August 15, 2008
03/04 Activities
`Close out of Funding Years
October 1, 2007
September 30, 2008
04105 Activities
*Timeline is predicated upon the date Broward County issues the Notice to Proceed*
FTL:1636822:1
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C'L.��a rn f) c'
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Urban Planning and Redevelopment Department
HOUSING AND COMMUNITY DEVELOPMENT DIVISION
115 South Andrews Avenue, Room 311 - Fort Lauderdale, Florida 33301 • 954-357-5808 • FAX 954-357-6380
December 11, 2007
Jeffrey L. Miller, City Manager
7525 Northwest 88t Avenue
Tamarac, Florida 33321
Re: Year HOME Memorandum of Understanding (MOU)
Housing Rehabilitation Program/Second Amendment
City of Tamarac — Second Amendment to FY 2003-2004
Dear Mr. Miller:
Please find enclosed the executed original Second Amendment to the MOU
between Broward County and City of Tamarac for the Housing Rehabilitation.
You are hereby authorized to incur costs for this project until the contract
expiration date. Also, please be advised that your organization is required to
submit all requests for amendments to this MOU in writing to the Housing and
Community Development Division Director, not less than 90 days prior to the
termination date of this MOU.
You should direct any questions or concerns to Glennie Simmons, Community
Development Specialist, of my staff at (954) 357-5803,
Sincerely,
Ralph Stone, Director
Housing and Community Development Division
Enclosure
SRF/GS/tamarac/12-07
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
SECOND AMENDMENT TO
MEMORANDUM OF UNDERSTANDING
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
ADMINISTRATION OF HOME FUNDING PROGRAM
FISCAL YEAR 2003/2004
SECOND AMENDMENT TO
MEMORANDUM OF UNDERSTANDING
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
ADMINISTRATION OF HOME FUNDING PROGRAM
FISCAL YEAR 2003/2004
This is a Second Amendment to Memorandum of Understanding ("MOU")
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 MOU dated June 29, 2005,
pursuant to Section 163.01, Florida Statutes, also known as the Florida Interlocal
Cooperation Act of 1969; and
WHEREAS, the Parties entered into a First Amendment to the Memorandum of
Understanding to provide for a fifteen (15) month extension in the original term until
September 20, 2007, in order to complete the project; and
WHEREAS, the Parties desire to enter into this Second Amendment to the
Memorandum of Understanding to provide an extension until September 30, 2008, or
one year from the final execution date whichever is later, in order to complete the
project; and
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. Paragraph 4 of the original Agreement is hereby amended to reflect an extension
until September 30, 2008, or one year from the final execution date whichever is
later, unless terminated earlier as provided for in the Agreement.
3. Exhibit "C" of the original Agreement is hereby deleted in its entirety and a new
Exhibit "C-2," attached hereto is substituted therefore and all references in the
Agreement to Exhibit "C" after the effective date of this Second Amendment to
Agreement shall refer to Exhibit "C-2."
4. Except as provided for herein this Second Amendment to the MOU, the terms
and conditions set forth in the original MOU shall remain in force and effect.
5. This Second Amendment to the MOU 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 hereto have made and executed this
SECOND AMENDMENT TO MEMORANDUM OF UNDERSTANDING: 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 City Manager, duly authorized to execute same.
WITNESSES:
Signature
Prin$ Nap,
Signature
Print Name
Insurance requirements
approved as to form by
County's Risk Management
Division
By
COUNTY
BROWARD COUNTY, through
its COUNTY ADMINISTRATOR
County Administrator
f. �`-"�Aay of , 2007.
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
J .
A. Denise Sagerholm, Esquire
Assistant Co my Attorney
Dated- r .[�� •
SECOND AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN
BROWARD COUNTY AND CITY OF TAMARAC, FLORIDA, FOR ADMINISTRATION
OF HOME FUNDING PROGRAM FISCAL YEAR 2003/2004
I:rl1r'1
CITY OF TAMARAC
ATTEST:
By
Mayor
City Clerk ��77
Print/Type Name
�ay of , 2007.
ADS:ydc
07-129.00
09/06/2007
2nd AMENDMENT Tamarac MOU FY2003-2004.doc
Approv d s to form and legality:
" )1A
City Attbrn y
-3-
Exhibit "C-2"
Pr2ject_Schedule/Tirneline Table
The table below lists the main work tasks required to complete project objectives before
the term of the agreement expires.
Work Task
Start -Up Date
Date of Completion
Notice of Funding._..____._..._.___
Recommendation and Contract
October 1, 2007
October 1, 2007
Ne o; otiation 03/04 and 04/05
Notice to Proceed
October 1, 2007
October 1, 2007
Program Marketing/Outreach
October 1, 2007
Jan 31, 2008
Certification of Applicants
October 1, 2007
February 28, 2008
Work write-ups
October 1, 2007
April 1, 2008
Rehabilitation
October 1, 2007
September 30, 2008
*Close out of Funding Years _
03/04 Activities
October 1, 2007
August 15, 2008
*Close out of Funding Years
04/05 Activities
October 1, 2007
September 30, 2008
*Timeline is predicated upon the date Broward County issues the Notice to Proceed*
FTL:1636822:1