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Home My WebLink AboutR-2004-164 29th CDBG Amendment RESOLUTION NO. 2004-164 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE 29TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (2003-2004) TO EXTEND THE TIME FOR PROJECT WORK COMPLETION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper city officials are authorized to execute an amendment to the 29`h year Community Development Block Grant Program (2003-2004). Section 2. That the City Manager and the City Attorney are authorized to make minor revisions to such amendment to the Agreement as are deemed necessary and proper for the best interests of the City. Section 3. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 4. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on September 22, 2004. L C.K. MCELY� MAYOR-COMMISSIONER -- ATTEST: ROLL CALL: n COMMISSIONER ANTON - YES COMMISSIONER CHUNN - YES LOUISE STILSON COMMISSIONER FLURY - YES -CITY CLERK VICE-MAYOR MIKES - YES MAYOR MCELYEA - ABSENT APPROVED AS TO FORM AND CORRECTNESS: BY: (Tr I A THOMAS IVANS13RO CITY ATTORNEY 1 RESOLUTION NO. 2004-164 4 BW.( \'-WARD o COUNTY Human Services Department COMMUNITY DEVELOPMENT DIVISION 115 S. Andrews Avenue, Room 310 • Fort Lauderdale, Florida 33301 • 954-357-5800 • FAX 954-765-4919/ 765-4914 November 19, 2004 Mr. Ivan Pato, City Manager City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, Florida 33004 Re: Second Amendment to 29th CDBG Year Funding Agreement NW Improvements Project Dear Mr. Pato: Enclosed are four(4)original Second Amendments between Broward County and the City of Dania Beach providing the requested extension to the referenced agreement. Please execute the four(4) original Amendments and return the original documents to my attention for processing and execution by the County Administrator. If you should have any questions, please contact John Hernandez, CD Specialist, of my staff at 954.357.5821. Sincerely, ;r Ray Lubomski, Director Community Development Division Enclosures (4) t 4 Broward County_'Board of County Commissioners Josephus Eggelletion,Jr. Ben Graber• Sue Gunzburger•Kri D,,Jacobs 411ene Lieberman on Nance Parrish,•John E.Rodstrom,Jr. •Jim Scott• Diana Wasserman-Rubin www brgward org SECOND AMENDMENT to AGREEMENT Between BROWARD COUNTY and CITY OF DANIA BEACH for NORTHWEST IMPROVEMENTS PROJECT IN THE AMOUNT OF $176,012.00 PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS i • SECOND AMENDMENT to AGREEMENT Between BROWARD COUNTY and CITY OF DANIA BEACH for NORTHWEST IMPROVEMENTS PROJECT IN THE AMOUNT OF $176,012.00 • PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS This is a Second Amendment to the Agreement ("Agreement") made and entered into by and between BROWARD COUNTY, a political subdivision of the State of Florida, hereinafter referred to as ("COUNTY"), and CITY OF DANIA BEACH, a Florida municipal corporation, hereinafter referred to as ("CITY"). WHEREAS, COUNTY and CITY entered into an Agreement dated November 7, 2003, providing for funding and administration of a 29th Year Community Development Block Grant program relating to the Northwest Improvements Project; and WHEREAS, CITY and COUNTY entered into a First Amendment to Agreement providing for a two (2) month extension in the term of the Agreement due to unanticipated delays encountered by CITY; and WHEREAS, CITY and COUNTY desire to enter into this Second Amendment to Agreement in order to provide for an additional one (1) month extension in the term of the Agreement due to unanticipated delays encountered by CITY; and WHEREAS, the requested amendment is necessary and reasonable under the • circumstances set forth above; NOW, THEREFORE, -1- • IN CONSIDERATION of the mutual terms, conditions, promises and covenants set forth, COUNTY and CITY agree as follows.- 1 . The above recitals are true and correct and are incorporated herein as if set forth in full hereunder. 2. ARTICLE 4, FUNDING AND METHOD OF PAYMENT AND PROVISIONS RELATING TO THE USE OF FUNDS, Section 4.9 is further amended under this Second Amendment to Agreement to read as follows: 4.9 SUBGRANTEE agrees to expend the funds allocated to the project by December 31, 2004. All funds not expended within the term of this Agreement shall remain in the custody and control of COUNTY. 3. ARTICLE 8, TERM OF AGREEMENT, is further amended by this Second Amendment to Agreement to read as follows: This Agreement shall be deemed to commence on October 1, 2003, and shall end on NevembeF 30, 2004 Deceber 31, 2004. • 4. Exhibit "C-1," TIMETABLE/SCHEDULE FOR PROJECT, is hereby deleted in its entirety and is replaced with Exhibit "C-2," TIMETABLE/SCHEDULE FOR PROJECT. Upon execution of this Second Amendment to Agreement by COUNTY, all references in the Agreement to Exhibit "C-1" shall be deemed to refer to Exhibit "C-2." 5. Except as provided for in this Second Amendment to Agreement, all other terms and conditions of the Agreement, as amended, not inconsistent herewith shall remain in full force and effect and are to be performed at the level specified in the Agreement. 6. This Second Amendment to Agreement shall be executed in four (4) counterparts, each of which shall be deemed to be an original document. (Remainder of page 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, and CITY OF DANIA BEACH, signing by and through its City Manager, duly authorized to executesame. COUNTY BROWARD COUNTY, through the WITNESSES: BROWARD COUNTY ADMINISTRATOR Signature By: Roger J. Desjarlais County Administrator Print/Type Name day of 2004. Signature Approved as to form by Office of County Attorney ® Broward County, Florida Print/Type Name EDWARD A. DION, County Attorney Governmental Center, Suite 423 Insurance Requirements 115 South Andrews Avenue Approved as to form by County's Fort Lauderdale, Florida 33301 Risk Manager Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By By Patrice M. Eichen (Date) Assistant County Attorney PME:cmc 11/19/04 #04-051.01 2nsamenddaniabeach -3- SECOND AMENDMENT TO THE AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR NORTHWEST IMPROVEMENTS PROJECT IN THE AMOUNT OF $176,012.00 PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS CITY ,j CITY OF DANIA BEACH WITNESSES: s (Signature) Signature of Witness -- --- (Print Name and Title of S natory) Print Name of Witness day of 2004. ® Signature of Witness oo�dQr� Print Name o Witness ATTEST: APPROVED AS TO LEG UFFICIENCY: CITY CLERK CITY ATTORNEY • -4- EXHIBIT "C-2" TIMETABLE/SCHEDULE FOR NW IMPROVEMENTS PROJECT TIMETABLE WORK TASKS START-UP COMPLETION NW 8 Avenue 10/01/03 12/31/04 Parking Space 10/01/03 12/31/04 NW 7 Avenue 10/01/03 12/31/04 NW 10 Avenue 10/01/03 12/31/04 BK,`�,W.,, ARD COUNTY o Human Services Department COMMUNITY DEVELOPMENT DIVISION 115 S. Andrews Avenue, Room 310 • Fort Lauderdale, Florida 33301 • 954-357-5800 • FAX 954-765-4919/765-4914 October 7, 2004 Mr. Ivan Pato, City Manager City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, Florida 33004 Re: 29t" CDBG Year Funding Agreement ($176,012) NW Improvements Project Dear Mr. Pato: Enclosed is an original First Amendment between Broward County and the City of Dania Beach providing the requested extension to the referenced agreement. The City of Dania Beach is authorized to incur costs through November 30, 2004 for the NW Improvements Project. Due to U.S. Department of Housing and Urban Development expenditure rate requirements placed on CDBG Program funds, please be advised that no additional time extension amendments will be granted for the referenced agreement. If you should have any questions, please contact John Hernandez, CD Specialist, of my staff at 954.357.5821. Sincerely, I Ray Lubomski, Director r Community Development Div tsion Enclosure R L/J H H:\City\DaniaBeach\LtrTolncur gam BrowartCountyilBoard`oF County Commissioners . b Josephus Eggelletion,Jr. Ben Graber•Sue Gunzburger• Kristin D Jacpbs Ilene Lieberman Lori�NanceParr[sh�•John E.Rodstrom,Jr. •Jim Scott• Diana Wasserman-Rubin www`broward=org `�" W • FIRST AMENDMENT to AGREEMENT Between BROWARD COUNTY and • CITY OF DANIA BEACH for NORTHWEST IMPROVEMENTS PROJECT IN THE AMOUNT OF $176,012.00 PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS • FIRST AMENDMENT to AGREEMENT Between BROWARD COUNTY and CITY OF DANIA BEACH for NORTHWEST IMPROVEMENTS PROJECT IN THE AMOUNT OF $176,012.00 PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS • This is a First Amendment to the Agreement ("Agreement") made and entered into by and between BROWARD COUNTY, a political subdivision of the State of Florida, hereinafter referred to as ("COUNTY"), and CITY OF DANIA BE�`��I, a Florida municipal corporation; hereinafter referred to-as ("CIT`r", WHEREAS, COUNTY and CITY entered into an Agreement dated November 7, 2003, providing for funding and administration of a 29'h Year Community Development Block Grant program relating to the Northwest Improvements Project; and WHEREAS, CITY and COUNTY desire to enter into this First Amendment to Agreement in order to provide for a two (2) month extension in the term of the Agreement due to unanticipated delays encountered by CITY; 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, COUNTY and CITY agree as follows: 1. The above recitals are true and correct and are incorporated herein as if set forth in • full hereunder. -1- ti . 2. ARTICLE 4, FUNDING AND METHOD OF PAYMENT AND PROVISIONS RELATING TO THE USE OF FUNDS, Section 4.9 is amended to read as follows: 4.9 SUBGRANTEE agrees to expend the funds allocated to the project by September 30 200 November 30, 2004. All funds not expended within the term of this Agreement shall remain in the custody and control of COUNTY. 3. ARTICLE 8, TERM OF AGREEMENT, is amended to read as follows: This Agreement shall be deemed to commence on October 1, 2003, and shall end on SepTembeT30, 2004 November 30, 2004. 4. Exhibit "C," TIMETABLE/SCHEDULE FOR PROJECT, is hereby deleted in its entirety and is replaced with Exhibit "C-1," TIMETABLE/SCHEDULE FOR PROJECT. Upon execution of this First Amendment to Agreement by COUNTY, all references in the Agreement to Exhibit"C" shall be deemed to refer to Exhibit"C-1." 5. Except as provided for in this First Amendment to Agreement, all other terms 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. • 6. This First Amendment to Agreement shall be executed in four (4) counterparts, each of which shall be deemed to be an original document. (Remainder of page intentiona'!y. cft blank) -2- • IN WITNESS WHEREOF, the parties have made and executed this First Amendment to the Agreement on the respective dates under each signature: BROWARD COUNTY through its County Administrator, authorized to execute same, and CITY OF DANIA BEACH, signing by and through its City Manager, duly authorized to execute same. COUNTY BROWARD COUNTY, through the WITNESSES: BROWARD COUNTY ADMINISTRATOR Signature By: L®RINDO ATANGAI Roger J. Desjarlais County Administrator Print/Type Na e ay of 2004. Signature - ra '` ' a 1ppi`oved as to form by 67 E4-�'°Mfficeepf County Attorney MARY ANNE DARBY " � GY Blo�,niard County, Florida Print/Type Name Ent � '`' WARD A. DION, County Attorney • �' ovemental Center, Suite 423 Insurance Requirements = " >� 115 th Andrews Avenue Approved as to form by County's l auderdale, Florida 33301 Risk Manager elephone: (954) 357-7600 - -Telecopier: (95174) 357-76 1 B Y Patrice M. Eichen (Date) Assistant County Attorney PME:cmc 09/14/04 #04-051.01 1 stamenddaniabeach • -3- ti r • FIRST AMENDMENT TO THE AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR NORTHWEST IMPROVEMENTS PROJECT IN THE AMOUNT OF $176,012.00 PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS CITY CITY OF DANIA BEACH WITNESSES: t �('S n ttdre) S gnature of Witness IVAN PATO, CITY MANAGER (Print Name and Title of Signatory) Print Name of Witness �.3 day Signature 6f \Witnes , Y)(��1, V01-v,�ICSAO� Print Name of Witness ATTEST. APPROVED AS TO L- Ai._ SUFFi i\10,Y. By By CITY CLERK CIT ATTORNEY • -4- EXHIBIT 16C-1" TIMETABLE/SCHEDULE FOR NW IMPROVEMENTS PROJECT TIMETABLE WORK TASKS START-UP COMPLETION NW S Avenue 10/01/03 11/30/04 Parking Space 10/01/03 11/30/04 NW 7 Avenue 10/01/03 11/30/04 NW 10 Avenue 10/01/03 11/30/04 • • Agenda Request Form (fj3 City of Dania Beach Agenda Item: Date of Commission meeting: 9/22/2004 Description of Agenda Item: Resolution to approve extension of 29th year CDBG- Northwest Improvments Commission action being requested: Adopt Resolution or Ordinance ® Expenditure ❑ Award BID / RFP ❑ Presentation ❑ General approval of item ❑ Continued from meeting Other(Pleasefexpla�n} '�` �� Summary explanation and background The CDBG 29th Year project- Northwest Improvements-which consists of reconfiguring NW 8 Avenue from NW 1 St to NW 2 St to a one-way only has been delayed due to the past weather conditions. Because this project consists of pouring concrete,developing "bump-outs", landscaping and brick pavers it was the safety concerns of our residents to wait until the weather conditions were better to complete the project. Broward County has approved our two month extension,with the amendment attached. Our attorney has reviewed the amendment and approves. Attached exhibits and additionall•backu materials Please list'': Resolution to approve extension of 29th year CDBG -electronic attachment Resolution approving 29th year CDBG application and agreement- electronic attachment Broward County amendment (three originals) - paper attachment For purchasing requests ONLY Department: Amount: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ® Capital: ❑ Account Name: Account Number: Submitted by. btemchuk Date: 9/21/2004 Department Director: btemchuk Date: 9/21/2004 Admin. Services Director: Date: ® Finance Director: Patricia Varney Date: 9121/2004 City Manager: Ivan Pato Date: 9121/2004 • RESOLUTION NO. 2004-164 • A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE 29TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (2003-2004) TO EXTEND THE TIME FOR PROJECT WORK COMPLETION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper city officials are authorized to execute an amendment to the 29" year Community Development Block Grant Program (2003-2004). Section 2. That the City Manager and the City Attorney are authorized to make minor revisions to such amendment to the Agreement as are deemed necessary and proper for the best interests of the City. Section 3. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. • Section 4. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on September 22, 2004. C.K. MCELYEA MAYOR-COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER ANTON - COMMISSIONER CHUNN- LOUISE STILSON COMMISSIONER FLURY - CITY CLERK VICE-MAYOR MIKES - MAYOR MCELYEA- APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY • 1 RESOLUTION NO. 2004-164 RESOLUTION NO. 2003-014 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR THE 29TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (2003-2004) IN THE TOTAL AMOUNT OF $216,723.00; AUTHORIZING AN APPROPRIATION OF AN ADDITIONAL $8,416.00 FROM THE DANIA BEACH TREE TRUST FUND; FOR A TOTAL OF $225,139.00; PROVIDING FUNDING FOR DESIGN OF THE FUTURE COMMUNITY OUTREACH CENTER IN THE AMOUNT OF $75,000.00 AND NORTHWEST IMPROVEMENTS IN THE AMOUNT OF $150,139.00; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID APPLICATION; FURTHER AUTHORIZING THE ACCEPTANCE AND EXECUTION OF SAID GRANT AGREEMENT UPON ITS AWARD; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA. Section 1. That certain 29th year application for the Community Development Block Grant program for 2003-2004 fiscal year for Northwest Improvements including architectural • design of the future Community Outreach Center to be located at 56 NW 8 Avenue in the amount of$75,000.00 and improvements to NW 8 Avenue, NW 1 Street, NW 7 Avenue and CW Thomas Park in the amount of $150,139.00 between the City of Dania Beach, Florida and Broward County, in substantial form as Exhibit "A", attached, is approved and the appropriate city officials are authorized to execute it. Further, authorizing an appropriation of $8,416.00 from the Tree Preservation Trust Fund. Further, authorizing acceptance and execution of said grant agreement upon its award. The City Manager and City Attorney are authorized to make minor revisions to said application and agreement as are deemed necessary and proper for the best interests of the City. Section 2. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 28th DAY OF JANUARY, 2003. ROBERT H. CHUNN, JR. • MAYOR— COMMISSIONER 1 RESOLUTION NO. 2003-014 • ATTEST: ROLL CALL: COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - YES CHARLENE JOHNSON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR FLURY - YES MAYOR CHUNN - YES APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY • • 2 RESOLUTION NO. 2003-014