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Home My WebLink AboutR-2000-102 RESOLUTION NO. 2000-102 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING RESOLUTION NO. 2000-089 CORRECTING A SCRIVENORS ERROR CONFIRMING THAT THE PROJECT NAME IS "NORTHWEST" NOT "SOUTHWEST" IMPROVEMENTS; AUTHORIZING THE APPROVAL OF THE THIRD AMENDMENT TO THE 24T" YEAR FUNDING AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR NORTHWEST IMPROVEMENTS PHASE III, UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, IN THE AMOUNT OF $142,460.00; PROVIDING FOR AN EXTENSION OF THE NORTHWEST IMPROVEMENTS PROJECT THROUGH MARCH 31, 2001; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain Third Amendment to the 24th Year Funding Agreement between Broward County and the City of Dania Beach for the Northwest Improvements Phase III Project in the amount of$142,460.00, under the Community Development Block Grant Programs, in substantial form as Exhibit"A", attached, is approved and the appropriate city officials are directed to execute same. Section 2. . That the termination date of the Agreement has been extended from June 30, 2000 to March 31, 2001. Section 3. . That all resolutions or parts of resolutions in conflict with this resolution are hereby repealed to the extent of such conflict.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 THIS 11T" DAY OF JULY, 2000. MAYOR - COMMIS ER ATTEST: ROLL CALL: MAYOR McELYEA - YES VICE-MAYOR BERTINO- YES SHERYL CHAPMAN COMMISSIONER CALI - YES ACTING CITY CLERK COMMISSIONER ETLING- YES COMMISSIONER MIKES- YES APPROVED AS TO F RM AND CORRECTNESS: BY: /71 � - Afih T O AS FANSBRO CITY ATTORNEY RESOLUTION NO. 2000-102 yg� kY S S A BROWARD COUNTY THIRD AMENDMENT to AGREEMENT Between BROWARD COUNTY and CITY OF DANIA BEACH for NORTHWEST IMPROVEMENTS IN THE AMOUNT OF $142,460.00 PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS ® THIRD AMENDMENT. to AGREEMENT Between BROWARD COUNTY and CITY OF DANIA BEACH for NORTHWEST IMPROVEMENTS IN THE AMOUNT OF $142, 460.00 ® PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS This is a Third Amendment to the Agreement between BROWARD COUNTY, a political subdivision of the state of Florida, its successors and assigns, hereinafter referred to as "COUNTY," through its Board of County Commissioners, AND CITY OF DANIA BEACH, its successors and assigns, hereinafter referred to as "SUBGRANTEE." WITNESSETH: WHEREAS, COUNTY and SUBGRANTEE entered into an agreement which was approved by COUNTY on November 9, 1998 (hereinafter "Agreement"), providing for Funding and Administration of Community Development Block Grant Programs for Northwest Improvements; and ® WHEREAS, COUNTY and SUBGRANTEE entered into a First Amendment to the Agreement which was approved by the COUNTY on November 15, 1999, providing for a ® ninety(90)day extension of the termination date of the Agreement, from October 29, 1999, to January 30, 2000; and WHEREAS, COUNTY and SUBGRANTEE entered into a Second Amendment to the Agreement which was approved by the COUNTY on January 28, 2000, providing for an extension of the termination date of the Agreement, from January 30, 2000, to June 30, 2000-, and WHEREAS, SUBGRANTEE is now requesting a nine (9) month extension of the termination date of the Agreement, from June 30, 2000, to March 30, 2001, due to the need for additional time to complete construction, as a result of design problems relating to the height of the sidewalks and removal of a substantial sized tree; and WHEREAS, the funding amount will not be affected by an extension of the termination date; and WHEREAS, an extension of the termination date is necessary, and reasonable, due to reasons set forth above; and WHEREAS, COUNTY and SUBGRANTEE are desirous of amending Article VI, Section 6.6; Article XI; and Exhibit "C," in order to modify the terms and conditions described herein and as shown on Exhibit "C-3" attached hereto; NOW, THEREFORE o IN CONSIDERATION of the mutual terms, conditions, promises, and covenants hereinafter set forth, .COUNTY and SUBGRANTEE hereby agree as follows: I. Article VI, "Procedures for Invoicing and Payment,"Section 6.6, is hereby amended to read as follows: 6.6 SUBGRANTEE agrees to expend the funds allocated to the Project by March 31, 2001. All funds not expended within the term of this Agreement shall remain in the custody and control of COUNTY. II. Article XI, "Term of Agreement," as amended, is hereby amended to read as follows: This Agreement shall commence on the day the Division Director provides a written Notice to Proceed for the^Project to SUBGRANTEE and shall terminate on March 31, 2001. - 2 - ® III. Exhibit "C," Timetable/Schedule for Project, of the Agreement is deleted and replaced by Exhibit "C-3," attached hereto and incorporated herein, and all references to Exhibit "C" in the Agreement shall be deemed to refer to Exhibit "C-3." IV. Except as provided herein, all remaining terms and conditions contained in the original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have made and executed this Third 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 CITY OF DANIA BEACH, signing by and through its , duly authorized to execute same. COUNTY WITNESSES: BROWARD COUNTY, through the BROWARD COUNTY ADMINISTRATOR By Roger J. Desjarlais, County Administrator day of (date) 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 CARL L. KITCHNER Assistant County Attorney - 3 - THIRD AMENDMENT TO THE AGREEMENT BETWEEN BROWARD COUNTY AND i CITY OF DANIA BEACH IN THE AMOUNT OF $142,460. PROVIDING FOR FUNDING AND ADMINISTRATIONOF COMMUNITY DEVELOPMENTBLOCK GRANT PROGRAMS SUBGRANTEE WITN SES: CITY OF DANIA BEACH !� By C . E ea, Mayor ATT ST: ri me and Title) Micha h, City Manager. Sheryl hapman, cting City Clerk 27 da of June 200gdate) (CORPORATE SEAL) APPROV D AS TO & CORRECTNESS By: zo STATE OF FLORIDA ) Thomas A sb Cilkt Attorney SS. COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me this 27 day of June 9000_(date), by Michael: Smith a City Man age r not-for-profit corporation, on behalf of the corporation He r she i onall kn_o_ wn to me r has produced as identl I tion. Notary Public, State o Flo i a CHMLEWF AYE Jtl'HP wry Public,SI&of Flamm Charlene Kaye Johnson My comm. 'Aug4 12,2W3 Print or Type Name C0W N . CC8050 Commission No. My Commission Expires: , CLK/It H:\DATA\DIV2\CLK\COMDEV\Danianw.aO3 #00-51.01 7/25100 - 4 - EXHIBIT "C - 3" Northwest Improvements TIMETABLE/SCHEDULE FOR PROJECT WORK TASKS START-UP TIMETABLE COMPLETION Preparation of Bid Specifications June 1, 1998 September 30, 1998 Advertising of Bids Pre-Bids October 1, 1998 December 31, 1998 Conference Award of Bids Pre-Construction January 1, 1999 December 31, 1999 Conference Construction& Installation January 1, 2000 January 31, 2001 Punch List Items February 1, 2001 February 29, 2001 Finalize Work March 1, 2001 March 30, 2001 Letter of Substantial Completion March 1, 2001 March 31, 2001 • Vc BROWARD COUNTY 0 IBM! THIRD AMENDMENT to AGREEMENT ® Between BROWARD COUNTY and CITY OF DANIA BEACH for NORTHWEST IMPROVEMENTS IN THE AMOUNT OF $142,460.00 PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS THIRD AMENDMENT to AGREEMENT Between BROWARD COUNTY and CITY OF DANIA BEACH for NORTHWEST IMPROVEMENTS IN THE AMOUNT OF $142, 460.00 • PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS This is a Third Amendment to the Agreement between BROWARD COUNTY, a political subdivision of the state of Florida, its successors and assigns, hereinafter referred to as "COUNTY," through its Board of County Commissioners, AND CITY OF DANIA BEACH, its successors and assigns, hereinafter referred to as "SUBGRANTEE." WITNESSETH: WHEREAS, COUNTY and SUBGRANTEE entered into an agreement which was approved by COUNTY on November 9, 1998 (hereinafter "Agreement"), providing for Funding and Administration of Community Development Block Grant Programs for Northwest Improvements; and WHEREAS, COUNTY and SUBGRANTEE entered into a First Amendment to the Agreement which was approved by the COUNTY on November 15, 1999, providing for a • ninety(90)day extension of the termination date of the Agreement, from October 29, 1999, to January 30, 2000; and WHEREAS, COUNTY and SUBGRANTEE entered into a Second Amendment to the Agreement which was approved by the COUNTY on January 28, 2000, providing for an extension of the termination date of the Agreement, from January 30, 2000, to June 30, 2000; and WHEREAS, SUBGRANTEE is now requesting a nine (9) month extension of the termination date of the Agreement, from June 30, 2000, to March 30, 2001, due to the need for additional time to complete construction, as a result of design problems relating to the height of the sidewalks and removal of a substantial sized tree; and WHEREAS, the funding amount _will not be affected by an extension of the termination date; and WHEREAS, an extension of the termination date is necessary, and reasonable, due to reasons set forth above; and WHEREAS, COUNTY and SUBGRANTEE are desirous of amending Article VI, Section 6.6; Article XI; and Exhibit "C," in order to modify the terms and conditions described herein and as shown on Exhibit "C-3" attached hereto; NOW, THEREFORE • IN CONSIDERATION of the mutual terms, conditions, promises, and covenants hereinafter set forth, .COUNTY and SUBGRANTEE hereby agree as follows: I. Article VI, "Procedures for Invoicing and Payment,"Section 6.6, is hereby amended to read as follows: 6.6 SUBGRANTEE agrees to expend the funds allocated to the Project by March 31 , 2001. All funds not expended within the term of this Agreement shall remain in the custody and control of COUNTY. II. Article XI, "Term of Agreement," as amended, is hereby amended to read as follows.. This Agreement shall commence on the day the Division Director provides a written Notice to Proceed for the Project to SUBGRANTEE and shall terminate on March 31, 2001. - 2 - III. Exhibit "C," Timetable/Schedule for Project, of the Agreement is deleted and replaced by Exhibit "C-3," attached hereto and incorporated herein, and all references to Exhibit "C" in the Agreement shall be deemed to refer to Exhibit "C-3." IV. Except as provided herein, all remaining terms and conditions contained in the original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have made and executed this Third 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 CITY OF DANIA BEACH, signing by and through its , duly authorized to execute same. COUNTY WITNESSES: BROWARD COUNTY, through the BROWARD COUNTY ADMINISTRATOR ® BY Roger J. Desjarlais, County Administrator day of (date) 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 CARL L. KITCHNER Assistant County Attorney - 3 - THIRD AMENDMENT TO THE AGREEMENT BETWEEN BROWARD COUNTY AND • CITY OF DANIA BEACH IN THE AMOUNT OF $142,460. PROVIDING FOR FUNDING AND ADMINISTRATIONOF COMMUNITYDEVELOPMENTBLOCK GRANT PROGRAMS SUBGRANTEE WITN SES: CITY OF DANIA BEACH By C .K E ea, Mayor ATT ST: ri me anal Title) Micha S h, City Manager. Sheryl hapman, cting City Clerk 27 da of June 200gdate) (CORPORATE SEAL) APPROV D AS TO & CORRECTNESS: By: 4MI /I STATE OF FLORIDA ) Thomas A sb Ci Attorney SS. COUNTY OF BROWARD ) ® The foregoing instrument was acknowledged before me this 27 day of June �II0() (date), by Michael_ Smith a City Mana er not-for-profit corporation, on behalf of the corporatio He r she i onally known to me r has produced as identl I tion. Notary Public, State o i Flo a WAN CHAHLEIVF KAYE JIJii Nftfy PuNIC,Sttb®f Fly Charlene Kaye Johnson MY Wmm' 'AvM 12,20M Print or Type Name Gnu(, sty. CG1� Commission No. My Commission Expires: CLK/It H:\DATA\DIV2\CLK\COM DEV\Danianw.a03 #00-51.01 7/25100 ® - 4 - EXHIBIT "C - 311 Northwest Improvements TIMETABLE/SCHEDULE FOR PROJECT WORK TASKS START-UP TIMETABLE COMPLETION Preparation of Bid Specifications June 1; 1998 September 30, 1998 Advertising of Bids Pre-Bids October 1, 1998 December 31, 1998 Conference ® Award of Bids Pre-Construction January 1, 1999 December 31, 1999 Conference Construction & Installation January 1, 2000 January 31, 2001 Punch List Items February 1, 2001 February 29, 2001 Finalize Work March 1, 2001 March 30, 2001 Letter of Substantial Completion March 1, 2001 March 31, 2001