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Home My WebLink AboutCity of Tamarac Resolution R-2007-164Temporary Resolution #11294 — October 1, 2007 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2007- A/W 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 2004/2005 (CASE NO. 15-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 orderforthe 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 FY2004/2005; and WHEREAS, HOME funds shall be used for eligible housing assistance activities that address the needs of low and moderate income families; and Temporary Resolution #11294 — October 1, 2007 Page 2 WHEREAS, HOME funding will enable the City to address up to seven (7) recipients with housing rehabilitation; 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 December 14, 2005, City Commission of the City of Tamarac, through the adoption of Resolution No. R-2005-224 authorized an amendment to the Memorandum of Understanding between the City and Broward County to allow for a fifteenth (15) month extension for the administration of the HOME Funding Program for FY 2004-2005. 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 an Amendment to the Memorandum of Understanding ("MOU") between Broward County and the City of Tamarac for the administration of the HOME Funding Program for FY 2004/2005 to assist up to seven (7) recipients with housing rehabilitation 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 Amendment to the Memorandum of Understanding ("MOU") for FY 2004-2005 between Broward County and the City of Tamarac for the administration of the HOME Funding Program for FY 2004-2005 for a term up to and including September 30, Temporary Resolution #11294 — October 1, 2007 Page 3 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. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS DAY OF _, 2007. CITY OF TAMARAC, FLORIDA C� BETH FLANSBAUM-TALABISCO, MAYOR ATTEST: MARION SWEN ON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. �I4 A SAMUEL OREN CITY A RNEY RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM. PORTNER DIST 2: COMM. ATKINS-GRAD DIST 3: VIM SULTANOF DIST 4: COMM. DRESSLER v SECOND AMENDMENT TO MEMORANDUM OF UNDERSTANDING Between BROWARD COUNTY and CITY OF TAMARAC for ADMINISTRATION OF HOME FUNDING PROGRAM FISCAL YEAR 2004/2005 SECOND AMENDMENT TO MEMORANDUM OF UNDERSTANDING Between BROWARD COUNTY and CITY OF TAMARAC for ADMINISTRATION OF HOME FUNDING PROGRAM FISCAL YEAR 2004/2005 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 February 3, 2006, pursuant to Section 163.01, Florida Statutes, also known as the Florida Interlocal Cooperation Act of 1969; and WHEREAS, the Parties entered enter into a First Amendment to the Memorandum of Understanding to. provide for a one (1) year extension in the original term until September 30, 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. 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. 4. 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 Mayor, duly authorized to execute same. 1VIT11111►1*3y*3 Signature Print Name Signature -Print Name Insurance requirements approved as to form by County's Risk Management Division COUNTY 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 By A. Denise Sagerholm, Esquire By Assistant County Attorney Dated: -2- SECOND AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN BROWARD COUNTY AND CITY OF TAMARAC, FLORIDA, FOR ADMINISTRATION OF HOME FUNDING PROGRAM FISCAL YEAR 2004/2005 CITY CITY OF TAMARAC ATTEST: r By: c7 Mayor City Clerk' 24 Print/Type Name day of , 2007. Approved as to form and legality: yfwrly" City ttor -3- Exhibit "C-2" Proiect Schedule/Timeline Fable 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 04/05 Activities *Timeline is predicated upon the date Broward County issues the Notice to Proceed* FrL:1 sss822: 1