HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-245Temp. Reso. #9498
August 21, 2001 1
Revision 1, August 30, 2001
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-245
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE A SECOND AMENDMENT FOR AN EXTENSION
OF TIME OF THE AGREEMENT BETWEEN BROWARD
COUNTY AND THE CITY OF TAMARAC REGARDING
$210,000 COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS FROM THE UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT'S 25T" YEAR
FUNDING FOR THE EXTENSION OF WASTEWATER
SERVICE TO TAMARAC LAKES SECTION 1; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac was awarded a Community Development Block
Grant in the amount of $210,000 by Broward County, the Urban County administering
the United States Department of Housing and Urban Development 251h Year Funding;
and
WHEREAS, the purpose of the award was to eliminate the city's remaining septic
systems and extend municipal wastewater service to all households within Tamarac
Lakes Section 1; and
WHEREAS, the Commission adopted Resolution No. R-2000-247, the first
amendment to extend the term of the original agreement due to delays in obtaining
Temp. Reso. #9498
August 21, 2001 2
Revision 1, August 30, 2001
survey data required for engineering design as well as delays in the acquisition of utility
easements; and
WHEREAS, a second amendment to extend the term of the original agreement
is needed due to delays in obtaining construction contract certification prior to award as
well as construction delays due to inclement weather; and
WHEREAS, the term of the grant will be extended from September 30, 2001 to
December 31, 2001, and the extension of term under the agreement amendment, will
result in no change to the original funding of $210,000; and
WHEREAS, in order to extend the term of the agreement, the agreement
amendment (attached hereto as "Exhibit A"), is required to be executed by the County
Administrator, for Broward County, and the City Manager, on behalf of the City of
Tamarac, accepting the terms and conditions of the amendment to the original
agreement; and
WHEREAS, the four (4) original copies of the executed agreement amendment
are required to be delivered to Broward County's Community Development Division by
September 30, 2001; and
WHEREAS, the Director of Utilities recommends the execution of the attached
agreement amendment; 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 execute the
Temp. Reso. #9498
August 21, 2001 3
Revision 1, August 30, 2001
second agreement amendment, extending the term of the original agreement awarding
the City of Tamarac a Community Development Block Grant in the amount of $210,000
to extend municipal wastewater service to all households within Tamarac Lakes
Section 1.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA,THAT:
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: The appropriate City officials are hereby authorized to sign
the second agreement amendment between the City of Tamarac and Broward County,
extending the term of the original agreement awarding the City of Tamarac a
Community Development Block Grant in the amount of $210,000 to extend municipal
wastewater service to all households within Tamarac Lakes as attached hereto as
"Exhibit A".
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.
Temp. Reso. #9498
August 21, 2001 4
Revision 1, August 30, 2001
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 12'h day of September, 2001.
JOE SCHREIBER
MAYOR
ATTESJtJA"" 7 c T:
RECORD OF COMMISSION VOTE:
MARION S ENSON, CMC
CITY CLERK MAYOR SCHREIBER Aye,
DIST 1: COMM. PORTNER Al el
DIST 2: COMM. MISHKIN A &
I HEREBY CERTIFY that I DIST 3: V/M SULTANOF A g'
have approved this DIST 4: COMM. ROBERTS--Aye,
RESOLUTION as to form.
ITCHELL S. K
CITY ATTORP
REG/kw/db
SECOND AMENDMENT
to
AGREEMENT
Between
BROWARD COUNTY
and
THE CITY OF TAMARAC
for
EXTENSION OF WASTEWATER SERVICE TO TAMARAC LAKES
IN THE AMOUNT OF $210,000
PROVIDING FOR FUNDING AND ADMINISTRATION OF
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS
SECOND AMENDMENT
to
AGREEMENT
Between
BROWARD COUNTY
and
THE CITY OF TAMARAC
for
EXTENSION OF WASTEWATER SERVICE TO TAMARAC LAKES
IN THE AMOUNT OF $210,000
PROVIDING FOR FUNDING AND ADMINISTRATION OF
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS
This is a Second Amendment to the November 1, 1999, Agreement ("Agreement")
made and entered into by and between BROWARD COUNTY, a political subdivision of the
state of Florida, its successors and assigns, ("COUNTY''), and THE CITY OF TAMARAC, a
municipality of the State of Florida, its successor and assigns, ("SUBGRANTEE"), collectively
referred to as "the Parties."
WHEREAS, the Parties entered into the Agreement providing for funding and
administration of community development block grant programs; and
WHEREAS, SUBGRANTEE is seeking to amend the Agreement by requesting time
extension to commence and complete Project construction; and
WHEREAS, the requested amendment is necessary and reasonable under the
circumstances set forth above; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises and covenants set
forth, the Parties agree as follows:
1. Section 6.6 shall be amended as follows:
6.6 SUBGRANTEE agrees to expend the funds allocated to the Project by
December 31, 2001. All funds not expended within the
term of this Agreement shall remain in the custody and control of COUNTY.
2. Section 11.1 shall be amended as follows:
11.1 This Agreement shall commence on the day provided by the Division Director
in the written Notice to Proceed for the Project to the SUBGR.ANTEE and shall
terminate on September 30, 2001 December 31,_ 2001.
3. Exhibit C, Timetable/Schedule for Project, is deleted and replaced by Exhibit C
Revised, attached and incorporated, and all references to Exhibit C in the Agreement
should be deemed to refer to Exhibit C Revised.
4. All otherterms and conditions of the Agreement not inconsistent herewith shall remain
in full force and effect and are to be performed at the level specified in the Agreement.
(The remainder of this page is intentionally left blank.)
-2-
IN WITNESS WHEREOF, the parties have made and executed this Second
Amendment to the Agreement on the respective dates under each signature: BROWARD
COUNTY through its County Administrator, authorized to execute same by resolution of the
Board of County Commissioners, and THE CITY OF TAMARAC, signing by and through its
, duly authorized to execute same.
WITNESSES:
COUNTY
-3-
BROWARD COUNTY, through the
BROWARD COUNTY ADMINISTRATOR
BY:
Roger J. Desjarlais, County Administrator
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) 357-7641
By - - �JAMES E. SAUNDERS, III -IIA
Assistant County Attorney
SECOND AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND CITY
OF TAMARAC IN THE AMOUNT OF $210,000 PROVIDING FOR FUNDING AND
ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS.
WITNESSES:
ATTEST:
By: �
--�
Marion Swenson, CMC
City Clerk
STATE OF FLORIDA )
) SS.
COUNTY OF BROWARD )
SUBGRANTEE
CITY OF TAMARAC
I r
By:
Jo chreiber
Mayor
Date: Gj_ / 4 - 0
7 a' Jeffrey L. iller
, City Manager
Date:
Ap r eAtoyMitc
City Attorney
The foregoing instrument was acknowledged before me this 4day of
.(:>,0)1(-).( i- , - as �Wt, a,r / (2 f-tl
of City of Tamarac who is personally known to me or has produced
as identification.
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NOTARY PUBLIC; State of Florida
Print or Type Name
My Commission Expires: Commission No.
-4-
EXHIBIT "C"
REVISED
TIMETABLE/SCHEDULE FOR PROJECT
WORK TASKS
START-UP
TIMETABLE
COMPLETION
Neighborhood Community Meetings
9/21/99
10/12/99
Design Proposal
Requested/Submitted
11 /1 /99
11 /12/99
Commission Approval
11/1/99
12/8199
Project Design — 30% Completion
12/1/99
3/31/00
Neighborhood Community Meeting
4/27/00
4/27/00
Field Survey/Septic System Locations
4/1/00
8/1/00
Project Design — 70% Completion
4/1/00
8/1/00
Easement Acquisition
4/1/00
10/1/00
Project Design/Bid Documents 100%
8/1/00
9/30/00
City Review of 100% Design
9/30/00
10/15/00
Project Permitting
10/15/00
12/15/00
Bidding/Advertisement
1/1/01
2/11/01
Bid Analysis/Award
2/11/01
5/1/01
Notice to Proceed
5/1/01
5/2/01
Project Construction
5/2/01
12/1/01
Final Inspection/Closure
12/1/01
12/31/01