HomeMy WebLinkAboutCity of Tamarac Resolution (159)May 31, 2002 - Temp Reso #9813 1
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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
1115,200,00 will be allocated for housing programs far the residents of the City of Tamarac
each year for a three (3) year period beginning in 2003; and
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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.
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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.
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.
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SECTION 5:
passage and adoption.
May 31, 2002 - Temp Reso #98 1 3 4
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this 12th day of June, 2002.
ATTEST:
L.
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
have approved this
RESOk1JTJON as to farm
ITCHELL S. KRA
CITY ATTORNL
f rP
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER Ave
DIST 1: V/M. PORTNER— Ave
DIST 2: COMM. MISHKIN Aye
DIST 3: COMM. SULTANOF Ave
DIST 4: COMM. ROBERTS_ _ Ave
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EXHIBIT 'I" 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 conditi.ops 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
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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 8. 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 1st and ends on September 30t" 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 Mana
City of Tamarac _
�7525 NW 88th Street
Tamarac, FL 33321
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
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BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
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day of
Lori Nance Parrish, Chair
all
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
A--
James E. Saunders, III
Assistant County Attorney
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AGREEMENT BETWEEN BROWARD COUNTY AND / & G�� '° �, � , FOR
PARTICIPATION IN HOME INVESTMENT PARTNERSHIPS PROGRAM CONSORTIUM
FOR FISCAL YEARS 2003, 2004 AND 2005
MUNICIPALITY:
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Coo nsel ate
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May 20, 2002
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Manager -Mayor
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Name
Date
MaVor-
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