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Home My WebLink AboutR-2026-120 CDBG YR 49 Agreement 1st Amend-Extension and ReinstatementRESOLUTION NO. 2026-120 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REINSTATEMENT AND FIRST AMENDMENT TO THE AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR FUNDING AND ADMINISTRATION OF THE 49TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE NORTHWEST OASIS NEIGHBORHOOD IMPROVEMENT PROJECT, PHASE XVI; REINSTATING THE AGREEMENT EFFECTIVE OCTOBER 1, 2024, AND EXTENDING THE TERM THROUGH DECEMBER 15, 2026; AUTHORIZING THE EXPENDITURE OF FUNDS IN EXCESS OF $50,000.00; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10, “Monetary thresholds for certain purchases and payment disbursement authorizations”, Subsection (a), sets the monetary threshold at Fifty Thousand Dollars ($50,000.00) for a vendor each fiscal year; and WHEREAS, the City of Dania Beach, Florida (“City”), entered into an Agreement with Broward County (“County”) for the funding and administration of 49th Year Community Development Block Grant (“CDBG”) funds for the Northwest Oasis Neighborhood Improvement Project Phase XVI; and WHEREAS, the original Agreement was dated May 31, 2024, and provided funding for the implementation of the Northwest Oasis Neighborhood Improvement Project Phase XVI within the City; and WHEREAS, the Northwest Oasis Neighborhood Improvement Project is intended to address neighborhood infrastructure and drainage needs within designated residential areas of the City, including the installation and replacement of concrete sidewalks, construction of paver driveway approaches, installation and replacement of signage and associated hardware, site preparation, grading, restoration, drainage improvements, and other related improvements; and WHEREAS, the Year 49 improvements are located along SW 5th Avenue, SW 6th Avenue, SW 7th Avenue, and SW 8th Avenue between Dania Beach Boulevard and SW 1st Street; and WHEREAS, the Agreement expired on September 30, 2024, and the City requested that the Agreement be reinstated; and 2 RESOLUTION #2026-120 WHEREAS, Broward County has agreed to reinstate the Agreement effective October 1, 2024, and extend the Agreement term through December 15, 2026, providing additional time for the City to complete the remaining project activities and satisfy all applicable CDBG requirements; and WHEREAS, City has proceeded with the procurement of construction services necessary to complete the CDBG improvements, including combining the CDBG Years 49 and 50 Oasis Neighborhood Improvement Projects under ITB No. 26-011 into one consolidated construction contract; and WHEREAS, the reinstatement and extension of the Agreement, which is attached as Exhibit “A” and made a part of this Resolution by this reference, are necessary to allow the City to continue and complete the CDBG-funded improvements within the revised project schedule and extended grant period; and WHEREAS, funding for the Northwest Oasis Neighborhood Improvement Project Phase XVI will be appropriated from Capital Project Account No. 301-39-58-541-63-10. The total project budget is $327,374, consisting of $177,374 in CDBG construction funds, $150,000 in non-CDBG local construction funds. WHEREAS, execution of the Reinstatement and First Amendment will not require any additional funding or appropriation and will not change, increase, or otherwise affect the previously approved budget; and WHEREAS, the City Commission finds that approval and execution of the Reinstatement and First Amendment is in the best interest of the City and will facilitate completion of the CDBG- funded Northwest Oasis Neighborhood Improvement Project Phase XVI. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the City Commission authorizes exceeding the annual Fifty Thousand Dollars ($50,000.00) threshold. 3 RESOLUTION #2026-120 Section 3. That the City Commission hereby approves the reinstatement of the Agreement effective October 1, 2024, and the extension of the Agreement term through December 15, 2026, in accordance with the terms and conditions of the Reinstatement and First Amendment, attached as Exhibit “A” and made a part of this Resolution by this reference. Section 4. The City Manager and appropriate City staff are hereby authorized to take all necessary administrative actions to implement the terms and conditions of the Reinstatement and First Amendment and to continue administration and completion of the 49th Year CDBG- funded Northwest Oasis Neighborhood Improvement Project Phase XVI. Section 5. That funding for the Northwest Oasis Neighborhood Improvement Project Phase XVI has already been appropriated and is included in the previously approved project budget. Execution of the Reinstatement and First Amendment does not require any additional funding or appropriation and does not change, increase, or otherwise affect the previously approved budget. Section 6. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 7. That this Resolution shall be effective upon its passage and adoption. PASSED AND ADOPTED on September 14, 2026. Motion by Commissioner Lewellen, second by Vice Mayor Salvino. FINAL VOTE ON ADOPTION: Unanimous X Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ SIGNATURES ON THE FOLLOWING PAGE 4 RESOLUTION #2026-120 ATTEST: ERIN MCCLENDON JOYCE L. DAVIS DEPUTY CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY FY23-24 CDBG – Reinstatement and First Amendment – Dania Beach – Capital Page 1 of 4 REINSTATEMENT AND FIRST AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR FUNDING AND ADMINISTRATION OF 49TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR NORTHWEST OASIS NEIGHBORHOOD IMPROVEMENT PROJECT PHASE XVI (CFDA # 14.218 / FAIN # B-23-UC-12-0001) This Reinstatement and First Amendment (“Amendment”) is entered into between Broward County, a political subdivision of the State of Florida (“County”), and City of Dania Beach, a municipal corporation of the State of Florida (“City”) (each a “Party” and collectively referred to as the “Parties”). RECITALS A. The Parties entered into the Agreement between Broward County and City of Dania Beach Providing for Funding and Administration of Community Development Block Grant (“CDBG”) Program funds for Northwest Oasis Neighborhood Improvement Project Phase XVI (the “Project”) for Fiscal Year 2023-2024 (CFDA # 14.218 / FAIN # B-23-UC-12-0001), dated May 31, 2024 (the “Agreement”), to provide funding to City for the implementation of the Project in City. B. The Agreement expired on September 30, 2024, and City has requested, and County has agreed, that it be reinstated and that its term be extended to December 15, 2026. C. The Parties now desire to reinstate the Agreement and amend it to extend its term. Now, therefore, for good and valuable consideration, the receipt and suﬃciency of which are hereby acknowledged, the Parties agree as follows: 1. The above Recitals are true and correct and are incorporated herein by reference. All capitalized terms not expressly deﬁned within this Amendment shall retain the meaning ascribed to such terms in the Agreement. 2. Unless otherwise expressly stated herein, amendments to the Agreement made pursuant to this Amendment are indicated herein by use of strikethroughs to indicate deletions and bold/underlining to indicate additions. Except as modiﬁed herein, all remaining terms and conditions of the Agreement shall remain in full force and eﬀect. 3. The Agreement is reinstated eﬀective October 1, 2024. 4. The ﬁrst sentence of Article 10 of the Agreement is amended as follows: This Agreement begins retroactively on October 1, 2023 (“Eﬀective Date”) and shall end on September 30, 2024 December 15, 2026 (“Initial Term”) unless terminated earlier or extended pursuant to the terms of this Agreement. FY23-24 CDBG – Reinstatement and First Amendment – Dania Beach – Capital Page 2 of 4 5. Exhibit C to the Agreement, Project Timeline, is hereby deleted and replaced in its entirety with Exhibit C attached hereto and incorporated herein. 6. Section 12.2 of the Agreement is deleted and replaced in its entirety with the following (bold/underlining omitted): 12.2. City and Subcontractors shall not discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political aﬃliation, pregnancy, or any other basis prohibited by Applicable Law in the performance of this Agreement. Contractor shall include the foregoing or similar language in its contracts with all Subcontractors, except that any project assisted by U.S. Department of Transportation funds shall comply with the nondiscrimination requirements in 49 C.F.R. Parts 23 and 26. 7. New Section 12.28 is added to the Agreement as follows (bold/underlining omitted): 12.28. Section 125.595 Compliance. City represents and warrants that the Services provided under this Agreement do not constitute or relate to diversity, equity, or inclusion. City is expressly prohibited from using any funds provided by County or under this Agreement to promote diversity, equity, or inclusion initiatives, or for any program or activity that relates to diversity, equity, or inclusion. City certiﬁes that City does not and will not use County or municipal funds in requiring its employees, contractors, volunteers, vendors, or agents to ascribe to, study, or be instructed using materials relating to diversity, equity, and inclusion. As used herein, “diversity, equity, or inclusion” has the meaning set forth in Section 125.595(1)(b), Florida Statutes. This section does not prohibit City from engaging in any activity permitted by Section 125.595, Florida Statutes, including but not limited to any action required for compliance with state or federal laws or regulations. 8. Entities of Foreign Concern. The provisions of this section apply only if this Agreement provides access to an individual’s personal identifying information. By execution of this Agreement, the undersigned authorized representative of each Party hereby attests under penalty of perjury as follows: such Party is not owned by the government of a foreign country of concern, is not organized under the laws of nor has its principal place of business in a foreign country of concern, and the government of a foreign country of concern does not have a controlling interest in such Party; and the undersigned authorized representative of each Party declares that they have read the foregoing statement and that the facts stated in it are true. Terms used in this section that are not otherwise deﬁned in this Agreement shall have the meanings ascribed to such terms in Section 287.138, Florida Statute. 9. In the event of any conﬂict or ambiguity between this Amendment and the Agreement, the Parties agree that this Amendment shall control. The Agreement, as amended herein by this Amendment, incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein, and the Parties agree that there are no commitments, agreements, or understandings concerning the subject FY23-24 CDBG – Reinstatement and First Amendment – Dania Beach – Capital Page 3 of 4 matter hereof that are not contained in the Agreement as amended in this Amendment. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 10. Preparation of this Amendment has been a joint eﬀort of the Parties, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than any other. 11. City acknowledges that through the date this Amendment is executed by City, City has no claims or disputes against County relating to the Agreement including as amended herein. 12. The eﬀective date of this Amendment shall be the date of complete execution by the Parties. 13. This Amendment may be executed in multiple originals or in counterparts, whether signed physically or electronically; each of which shall be deemed to be an original, and all of which, taken together, shall constitute one and the same agreement. (The remainder of this page is blank.) FY23-24 CDBG – Reinstatement and First Amendment – Dania Beach – Capital Page 4 of 4 IN WITNESS WHEREOF, the Parties hereto have made and executed this Amendment: Broward County through its Board of County Commissioners, signing by and through its County Administrator, authorized to execute same by Board action on the 14th day of November, 2023 (Agenda Item No. 42), and City of Dania Beach, signing by and through its Mayor or Vice-Mayor, duly authorized to execute same. COUNTY BROWARD COUNTY, by and through its County Administrator By: ____________________________ Monica Cepero ____ day of ______________, 2026 Approved as to form by Andrew J. Meyers Broward County Attorney 115 South Andrews Avenue, Suite 423 Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 By____________________________ Karina D. Rodrigues (Date) Assistant County Attorney By____________________________ Annika E. Ashton (Date) Deputy County Attorney KDR/ST/sr Reinstatement and First Amendment Dania Beach – CDBG (Capital) 08/13/2026 #1234759v3 FY23-24 CDBG – Reinstatement and First Amendment – Dania Beach – Capital Page 5 of 4 REINSTATEMENT AND FIRST AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR FUNDING AND ADMINISTRATION OF 49TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR NORTHWEST OASIS NEIGHBORHOOD IMPROVEMENT PROJECT PHASE XVI (CFDA # 14.218 / FAIN # B-23-UC-12-0001) CITY CITY OF DANIA BEACH ATTEST: By:____________________________ CITY MAYOR ____________________________ _______________________________ CITY CLERK Print Name _____ day of __________, 2026 I HEREBY CERTIFY that I have approved this Agreement as to form and legal suﬃciency subject to execution by the parties: _____________________________ City Attorney Page 1 of 1 EXHIBIT C PROJECT TIMELINE 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 Design plans and speciﬁcations 07/01/2023 12/30/2023 11/31/2025 Advertisement and issue invitation to bid 05/01/2024 05/27/2026 05/31/2024 06/27/2026 Pre-Bid meeting 05/01/2024 06/08/2026 05/31/2024 06/22/2026 Bid opening, selection, and award 06/01/2023 06/28/2026 06/30/2024 07/15/2026 City Commission to award contract 06/15/2024 07/16/2026 07/15/2024 07/31/2026 Construction contract execution, pre- construction meeting, 07/15/2024 08/01/2026 08/15/2024 08/17/2026 Construction 08/15/2024 08/18/2026 09/15/2024 09/30/2026 Punch list Items 09/01/2024 09/15/2026 09/30/2024 09/30/2026 Completion of Construction 09/01/2024 09/15/2026 09/30/2024 09/30/2026 10/01/2023 *05/08/2026 09/30/2024 12/15/2026