HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-128Temp Reso #,10999
June 26, 2006
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2006-19g
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 FY 2004/2005 (CASE NO. 10-
MI-06); PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
IPWHEREAS, 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. R-2002-159 (attached hereto as Exhibit "1 ") 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, will 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, is the
10 recipient of HOME funds, and has allocated the City of Tamarac an estimated One-
Temp Reso # 10999
June 26, 2006
Page 2
Hundred Forty -Six Thousand Two -Hundred and Seventeen Dollars ($146,217.00) for FY
2004/2005; 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 through the Broward County Consortium's
Memorandum of Understanding; and
WHEREAS, Broward County and the City of Tamarac will enter into this Amendment
to this Memorandum of Understanding (attached hereto as Exhibit "2"), which upon
execution, shall continue until September 30, 2007 allowing Broward County to
administrator the City's allocated funds; 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 an
Amendment to the Memorandum of Understanding ("MOU") between Broward County
and the City of Tamarac to provide a one-year extension for the administration of the
HOME Funding Program for FY 2004/2005.
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Temp Reso # 10999
June 26, 2006
Page 3
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 an Amendment to the Memorandum of Understanding ("MOU") for Fiscal
Year 2004-2005 between the City of Tamarac and Broward County for the administration of
the HOME Funding Program for FY 2004-2005.
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 in
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
.RFr..TIC)N .r,-
adoption.
Temp Reso # 10999
June 26, 2006
Page 4
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this 1�,4h day of Jvjy , 2006.
ATTEST:
MARION SW NSON, C C
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
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kMUEL S'. G N
CITY ATTO EY
3-0
•
11A•:
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
DIST 1: V/M PORTNER
DIST 2: COMM ATKINS-GRAD
DIST 3: COMM. SULTANOF
DIST 4: COMM. DRESSLER
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ExN.19g9
May 31, 2002 - TOIMp R®so #9813 1
1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002-159
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE THE AGREEMENT
BETWEEN BROWARD COUNTY AND THE CITY
OF TAMARAC TO BECOME PART OF THE
HOME INVESTMENT PARTNERSHIPS
PROGRAM CONSORTIUM COOPERATION
AGREEMENT FOR FISCAL YEARS 2003, 2004
AND 2005 (CASE NO. 11-MI-02); 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, the City of Tamarac does not meet the minimum dollar threshold,
based on HUD's allocation formula in order to receive its own allocation; and
WHEREAS, Broward County notified the City of Tamarac of an opportunity to join a
consortium to receive federal funding under the HOME Program to provide affordable
housing for their residents;and
WHEREAS, as a member of this consortium, it is estimated that approximately
$115,200.00 will be allocated for housing programs for the residents of the City of Tamarac
each year for a three (3) year period beginning in 2003; and
May 31, ZOAZ - TOMp Reso #9813 Z
11
WHEREAS, the "HOME Investment Partnerships Program Consortium Cooperation
Agreement for Fiscal Years 2003, 2004 and 2005" (attached hereto as Exhibit "1") is
required to be executed by the Chair of the Board of Broward County Commissioners and
the City Manager and/or Mayor on behalf of the City of Tamarac, desirous of participating
in the consortium for the allocation of HOME funds; and
WHEREAS, the executed Agreement is required to be delivered to HUD by Broward
County's Community Development Division by June 30, 2002; and
WHEREAS, the Director of Community Development recommends approval; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to authorize the
appropriate City Officials to execute the agreement between Broward County and the City
of Tamarac to become part of the HOME Investment Partnerships Program Consortium
Cooperation Agreement for Fiscal Years 2003, 2004 and 2005,
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,
May 31, 2002 - TOMP Rego #9813 3
F
SECTION 2: That the City Commission hereby authorizes the City Manager
to execute the HOME Investment Partnerships Program Consortium Cooperation
Agreement for Fiscal Years 2003, 2004 and 2005 between Broward County and the City of
Tamarac.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
S CTION 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.
1
SECTION 5:
passage and adoption.
May 31, 2002 - Temp Resv #9813 4
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this 12th day of June, 2002.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
have approved this
RESOWTION as to farm
MITCHELL S. KRA V
CITY ATTORN
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER Ave
DIST 1: V/M. PORTNER Aye
DIST 2: COMM. MISHKIN Aye
DIST 3: COMM. SULTANOF Aye
DIST 4: COMM. ROBERTS____ Ayg
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EXHIBIT " 1" TEMP RESO #9813
HOME INVESTMENT PARTNERSHIPS PROGRAM
CONSORTIUM COOPERATION AGREEMENT
FOR FISCAL YEARS 2003, 2004 AND 2005
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, Broward County and the below named municipalities, collectively
referred to as "the Parties", are desirous of receiving federal funding under the HOME
Program to provide affordable housing for their residents; and
WHEREAS, Section 92.101, Title 24, Code of Federal Regulations, allows
geographically contiguous units of general local government, which would not otherwise
qualify as participating jurisdictions, to form a consortium in order to qualify for a HOME
Program formula allocation; and
WHEREAS, the Parties, as contiguous units of general local government, seek to
enhance the quality of life for their respective citizens, and are desirous of entering into a
Consortium Cooperation Agreement; and
WHEREAS, this Agreement, pursuant to Chapter 163, Florida Statutes, authorizes
local governments to make the most efficient use of their powers by enabling them to
cooperate with other localities on a basis of mutual advantage and thereby to provide
services and facilities in a manner and pursuant to forms of governmental organization that
will accord best with geographic, economic, population, and other factors influencing the
needs and development of local communities.
NOW, THEREFORE, in consideration of the mutual covenants and conditiops and
other good and valuable consideration, of which the receipt and sufficiency is
acknowledged, the parties agree as follows:
SECTION 1. PARTIES. The parties to this Agreement are political subdivisions of
the State of Florida:
Broward County
115 S. Andrews Avenue
Ft. Lauderdale, Florida 33301
SECTION 2. PURPOSES, This Agreement is entered into for the purpose of
meeting the criteria established in 24 CFR Part 92 for obtaining general local government
status as a consortium of otherwise ineligible jurisdictions to obtain funding from the HOME
Program. Moreover, this Agreement is entered into in order to benefit the citizens of the
respective parties. The Parties agree to cooperate with each other to undertake or assist
in undertaking housing assistance activities pursuant to the HOME Program.
SECTION 3. MEMBERS/CREATION OF CONSORTIUM. Upon execution of this
Agreement, the Parties form a consortium to be known as the "Broward County HOME
Consortium", ("Consortium").
SECTION 4. STATUS OF CONSORTIUM. The Broward County HOME
Consortium shall be a unit of general local government for funding under the HOME
Program upon designation by HUD.
SECTION 5. REPRESENTATIVE. Broward County shall be the member unit of
the Consortium authorized to act in a representative capacity to HUD for all members of
the Consortium for the purposes of the HOME program.
SECTION 6. CONSOLIDATED STRATEGIC PLAN. Broward County shall assume
overall responsibility for ensuring that the Consortium's HOME Program is carried out in
compliance with the requirements of the HOME Program, including requirements
concerning a Consolidated Strategic Plan, and the requirements of 24 CFR Part 91 and 92
respectively, and the requirements of 24 CFR Part 92.350. All members of the Consortium
shall cooperate in the preparation of a Consolidated Strategic Plan,
SECTION 7. FUND ADMINISTRATION AND DISTRIBUTION. Broward County
shall administer and distribute the HOME Program funding according to the allocation
schedule calculated and determined by HUD. The participating cities shall select projects
funded by their respective allocations and within their municipal boundaries, and the
County shall administer the program. Broward County shall collect a ten percent (10%)
administrative fee for administering the HOME Program funds and providing all members
with a quarterly report of the Program's activities.The parties may adjust funding
distribution upon a majority vote of the consortium members.
SECTION S. CERTIFICATIONS. Each member of the Consortium will affirmatively
further fair housing and will comply with the requirements of the Uniform Relocation
Assistance and Real Property Acquisition Policies and Real Property Acquisition Policies of
1970, as amended, implementing regulations of 49 CFR Part 24 and the requirements
governing the residential antidisplacement and relocation assistance plan under section
104(d) of the Housing and Community Development Act of 1974.
SECTION 9. PROGRAM YEAR. The Parties shall be on the same program year
for the HOME Program which begins on October 1't and ends on September 30'" each
federal funding year.
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SECTION 10. TERM. This Agreement shall cover Federal fiscal years 2003, 2004
and 2005. It will remain in effect until HOME Program funds for these three Federal fiscal
years are expended for eligible activities. No consortium member may withdraw from the
Agreement while the Agreement remains in effect. This Agreement will automatically be
renewed for participation in successive three-year qualification periods, unless a member
provides written notice that it elects not to participate in a new qualification period. Broward
County, by the date specified in HUD's Consortia Qualification Notice for the next
qualification period, will notify consortium members, in writing, of their rights to make such
election. Failure by any party to this Agreement to adopt an amendment to.the Agreement
incorporating all changes necessary to meet the requirements for cooperation agreements
set forth in the Consortia Qualification Notice applicable for a subsequent three-year
consortia qualification period, and to submit the amendment to HUD as provided in the
Consortia Qualification Notice, will void the automatic renewal of such qualification period.
SECTION 11. AMENDMENTS. Broward County shall be authorized to amend the
consortium agreement on behalf of the entire Consortium to add new members to the
consortium based on written approval by a majority of the consortium members.
SECTION 12. LIABILITY. Nothing is intended to serve as a waiver of sovereign
immunity by any party to which sovereign immunity may be applicable. Nothing shall be
construed as consent by a state agency or political subdivision of the State of Florida to be
sued by third parties in any matter arising out of this Agreement or any other contract. All
consortium members are state agencies or political subdivisions of the State of Florida as
defined in Section 768.28, Florida Statutes, and agrees to be fully responsible for acts and
omissions of its agents or employees to the extent permitted by law.
SECTION 13. NOTICES. Formal notices under the terms of this Agreement shall be
sent, by U.S. Mail, as follows;
City ManagaX
City of Tamarac
7525 NW 88th Street
amarac, FL 33121
With a copy to the City Attorney at the same address.
SECTION 14. COUNTERPARTS. This Agreement may be executed in
counterparts and each executed agreement shall be treated as the original.
SECTION 15. AUTHORIZING RESOLUTIONS/ATTORNEY CERTIFICATIONS.
Each member shall adopt authorizing resolutions that are incorporated by this reference.
The certifications of legal counsel set forth below shall be deemed an integral part of this
Agreement.
SECTION 16. LIMITATIONS OF AGREEMENT. It is not the intent of this
agreement to change the jurisdiction of the parties in any manner except as specifically
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provided. All other policies, rules, regulations and ordinances of the parties will continue to
apply as to properties located within the jurisdictional boundaries of each party.
SECTION 17. EMPLOYEE STATUS. Persons employed by either party in the
performance of services and functions pursuant to this Agreement shall not be deemed to
be employees of the other party nor shall they have any claim to pension, worker's
compensation, civil service or other employee rights or privileges granted by the other party
to its officers and employees.
(The remainder of this page is intentionally left blank.)
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IN WITNESS WHEREOF, the parties have made and executed this Agreement on
the respective dates under each signature: BROWARD COUNTY through its BOARD OF
COUNTY COMMISSIONERS, signing by and through its Chair or Vice Chair, authorized to
execute same by Board action on the— day of , 20.,_.., and the following
municipalities signing by and through its authorized persons.
ATTEST:
County Administrator and
Ex-Officio Clerk of the
Board of County Commissioners
of Broward County, Florida
BROWARD COUNTY
_5_
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By,
Lori Nance Parrish, Chair
day of , 20
Approved as to form by
Office of County Attorney
Broward County, Florida
EDWARD A. DION, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
By,
James E. Saunders, III
Assistant County Attorney
AGREEMENT BETWEEN BROWARD COUNTY AND 16- 61T310F)I irJl-,e'4c FOR
PARTICIPATION IN HOME INVESTMENT PARTNERSHIPS PROGRAM CONSORTIUM
FOR FISCAL YEARS 2003, 2004 AND 2005
MUNICIPALITY:
�,�•l7�7cj.
pr ed s to for and I I s cienc .
J
C/fi nselI'late
a:consorti .wpd
May 20, 2002
Ir-1
Manager -Mayor
Name
%l ! cy—
Date
EXHIBIT "2" TEMP RESO ##109W
FIRST AMENDMENT TO
MEMORANDUM OF UNDERSTANDING
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
ADMINISTRATION OF HOME FUNDING PROGRAM
FISCAL YEAR 2004/2005
FIRST 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 First 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 desire to enter into this 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
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 a one year
(1) year extension in the term until September 30, 2007, unless terminated earlier
as provided for in the Agreement.
3. EXceDt a5 DMVidt-d fnr hprWin thic First Amanrimant to +ha KAnl i +ho +cfrmo Mnr1
conditions set forth in the original MOU shall remain in force and effect.
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4. This First 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
FIRST 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.
WITNESSES:
Signature
Print Name
Signature
Print Name
Insurance requirements
approved as to form by
County's Risk Management
Division
COUNTY
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BROWARD COUNTY, through
its COUNTY ADMINISTRATOR
County Administrator
day of
, 2006.
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
I�
PATRICE EICHEN (Date)
Assistant County Attorney
FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN
BROWARD COUNTY AND CITY OF TAMARAC, FLORIDA, FOR ADMINISTRATION
OF HOME FUNDING PROGRAM FISCAL YEAR 2004/2005
ATTEST:
City Clerk
CITY
-3-
- OF ...
By:Axw�
Mayor u
Mri
day of , 2006.
Approved as to form and legality:
City Attorne