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HomeMy WebLinkAboutR-2000-161 RESOLUTION NO. 2000-161 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE FIRST AMENDMENT TO THE 25T" YEAR FUNDING AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR NORTHWEST NEIGHBORHOOD BEAUTIFICATION - PHASE III AND SOUTHWEST NEIGHBORHOOD BEAUTIFICATION - PHASE IV, UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, IN THE AMOUNTS OF $129,500.00 AND $80,571.00 RESPECTIVELY; PROVIDING FOR AN EXTENSION OF THE NORTHWEST AND SOUTHWEST IMPROVEMENT PROJECTS THROUGH OCTOBER 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 the First Amendment to the 25'h Year Funding Agreement between Broward County and the City of Dania Beach for the Northwest Improvements Phase III and Southwest Imprvements Phase IV Projects in the amount of$129,500.00 and $80,571.00, respectively, 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 October 31, 2000 to October 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 That all resolutions or parts of resolutions in conflict with this resolution are hereby repealed to the extent of such conflict.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 10T" DAY OF October, 2000. MAYOR"- CO . SSIONER i RESOLUTION NO. 2000-161 ATTEST: ROLL CALL: MAYOR McELYEA - YES VICE-MAYOR BERTINO- YES SFIERYL CHAPMAN COMMISSIONER CALI — OUT OF ROOM ACTING CITY CLERK COMMISSIONER ETLING- YES COMMISSIONER MIKES-ABSENT APPROVED AS TO F RM AND CORRECTNESS: BY: THO A J. A`NV BRO CITY ATTORNEY • • RESOLUTION NO. 2000-161 4 fi s3 r z{ r,=k, ; x 3e r ;z {+ s s- .,, .,.f ,' �•'. BR®WARD COUNTY FIRST AMENDMENT to AGREEMENT Between BROWARD COUNTY and CITY OF DANIA BEACH for NW Neighborhood Beautification - Phase III IN THE AMOUNT OF $129,500 PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS FIRST AMENDMENT to AGREEMENT Between BROWARD COUNTY and City of Dania Beach for NW Neighborhood Beautification -- Phase III IN THE AMOUNT OF $129,500 PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS This is a First 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 2, 1999 (hereinafter "Agreement"), providing for the implementation and funding of a Community Development Block Grant project; and WHEREAS, SUBGRANTEE has requested the term of the Agreement be extended for a twelve (12) month period from October 31, 2000 to October 31, 2001, due to the need for additional time to finalize plans, bid the project and commence construction. This is a result of the bidding for engineering services and subsequent design work taking longer than anticipated; and WHEREAS, an extension of the termination date is necessary and reasonable, due rto reasons set forth above; and WHEREAS, there will be no change to the original funding allocation of$129,500; and INi 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 Getober 31,2090 October 31, 2001. All funds not expended within the term of this Agreement shall remain inthe custody and control of COUNTY. II. Article XI, "TERM OF AGREEMENT," Section 11.1, is hereby amended to read 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 tot he SUBGRANTEE and shall terminate oneetaber 31, 2000 October 31, 2001. III. Exhibit "C" TIMETABLE/SCHEDULE FOR P ROJECT(S), is deleted and replaced by Exhibit"C-1," attached hereto and incorporated herein, and all references to Exhibit"C" in the Agreement shall be deemed to refer to Exhibit "C-1." IV. Except as provided herein, all remaining terms and conditions contained in the original Agreement shall remain in full force and effect. [THIS SPACE INTENTIONALLY LEFT BLANK] ® - 2 - IN WITNESS WHEREOF, the parties hereto 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 by resolution of the Board of County Commissioners, and SUBGRANTEE, signing by and through its , duly authorized to execute same. COUNTY WITNESSES: BROWARD COUNTY, through the COUNTY ADMINISTRATOR BY Roger Desjarlais, County Administrator day of 12000. 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 - FIRSTAMENDMENTTO THE AGREEMENT BETWEEN BROWARD COUNTYAND THE CITY OF DANIA BEACH FOR NW NEIGHBORHOOD BEAUTIFICATION -PHASE III IN THE AMOUNT OF $129,500. PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS SUBGRANTEE WITNESSES: THE CITY OF DANIA BEACH �. C .K. McElyea, Mayor � (Print Name and Title) ATTE T By: 18th y tober da c`c-r � ���. - _, 2000. Sheryl Chapman, Ac ing City Clerk (CORPORATE SEAL) By /AROVED ith y a er AS TO FORM & CORRECTNESS : STATE OF FLORIDA 1 : '�.SS omas Ansbro, City Attorney COUNTY OF BROWARD ) Th f regoing instrument was acknowledged before me this 'it day of V , 2000, by Michael Smith as City Manager of THE CITY OF DANIA BEACH (H or she persona y nown to moor has produced en as idtification. p ,,,CliA`� o trAY , Nary Public, pSta f lorida ��/y COM. NO, 0 215 a.; as Print or Type Name vw�wa •7 Commission No. 7� � 3 My Commission Expires: CLK:It H:\DATA\DIV2\CLK\COMDEV\daniabeauNW.a01 10/02/0 #00-051.02 • - 4 - Exhibit "C-1 " Northwest Improvements Timetable/Schedule for Project Work Tasks Start-Up Timetable Completion Preparation of Bid November 1, 1999 August 31, 2000 Specifications Adverstising of Bids September 1, 2000 October 31, 2000 Pre-Bid Conference Award of Bids November 1, 2000 December 31, 2000 Pre-Construction Conference Construction & January 1, 2001 March 31, 2001 Installation Punch List Items April 1, 2001 May 31, 2001 Finalize Work June 1, 2001 July 30, 2001 Letter of Substantial August 1, 2001 October 31,.2001 Completion 1B R 0WARD COUNTY e ' - P FIRST AMENDMENT to AGREEMENT Between BROWARD COUNTY and CITY OF DANIA BEACH for SW Neighborhood Beautification - Phase IV IN THE AMOUNT OF $80,571 PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS FIRST AMENDMENT to AGREEMENT Between BROWARD COUNTY and City of Dania Beach for SW Neightborhood Beautification - Phase IV IN THE AMOUNT OF $80,571 PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS This is a First 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." WI TNESSETH: WHEREAS, COUNTY and SUBGRANTEE entered into an agreement which was approved by COUNTY on November 2, 1999 (hereinafter"Agreement"), providing for the implementation and funding of a Community Development Block Grant project; and WHEREAS, SUBGRANTEE has requested the term of the Agreement be extended for a twelve (12) month period from October 31, 2000 to October 31, 2001, due to the need for additional time to finalize plans, bid the project and commence construction. This is • a result of the bidding for engineering services and subsequent design work taking longer than anticipated; and WHEREAS, an extension of the termination date is necessary and reasonable, due to reasons set forth above; and WHEREAS, there will be no change to the original funding allocation of$80,571; and 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 9etobef -31, 20OG October 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," Section 11.1, is hereby amended to read 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 SUBGRANTEE and shall terminate on October 31, 2009 October 31, 2001. III. Exhibit "C" TIMETABLE/SCHEDULE FOR PR OJECT(S), is deleted and replaced by Exhibit"C-1,"attached hereto and incorporated herein, and all references to Exhibit"C" in the Agreement shall be deemed to refer to Exhibit "C-1." IV. Except as provided herein, all remaining terms and conditions contained in the original Agreement shall remain in full force and effect. [THIS SPACE INTENTIONALLY LEFT BLANK] - 2 - IN WITNESS WHEREOF, the parties hereto 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 by resolution of the Board of County Commissioners, and SUBGRANTEE, signing by and through its , duly authorized to execute same. COUNTY WITNESSES: BROWARD COUNTY, through the COUNTY ADMINISTRATOR By Roger Desjarlais, County Administrator day of , 2000. 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 - FIRSTAMENDMENTTO THE AGREEMENT BETWEEN BROWARDCOUNTYAND THE CITY OF DANIA BEACH FOR SW NEIGHBORHOOD BEAUTIFICATION PHASE IV IN THE AMOUNT OF $80,571. PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS SUBGRANTEE WITNESSES- THE CITY OF DANIA BEACH By C .K. McEly a, Mayor (Print Name and Title) ATT ST. / BY � c o e/ day o , 2000.Sheryl C apman ng City Clerk BY: (CORPORATE SEAL) y Mic Py Manager APPROVE T CORRECTNESS : _-. by• r STATE OF FLORIDA ) Th mas A sb o, ity Attorney • ) SS. COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me this �� day of 2000, b Michael Smith as City Manager of THE CITY OF DANIA BEACH • or sh erso own to me; or has produced as identificatio��— ;�'.�6LERE KAYE JO 4,,r Tq public,Sto of Floft Notary Public, taf4 f lori ff WL Print or Type Name Commission No. OA m, / , My Commission Expires: CLKA H:\DATA\DIV2\CLK\daniabeau.a01 10/02/0 #00-051.02 • - 4 - Exhibit "C-1 " Southwest Improvements Timetable/Schedule for Project Work Tasks Start-Up Timetable Completion Preparation of Bid November 1, 1999 August 31, 2000 Specifications Adverstising of Bids September 1, 2000 October 31, 2000 Pre-Bid Conference Award of Bids November 1, 2000 December 31, 2000 Pre-Construction Conference Construction & January 1, 2001 March 31, 2001 Installation Punch List Items April 1, 2001 May 31, 2001 Finalize Work June 1, 2001 July 30, 2001 Letter of Substantial August 1, 2001 October 31, 2001 Completion AGENDA REQUEST FORM CITY OF DANIA BEACH To: Administrative.Services Department _ --------------------------------------------------------------------------------------------------------------------------------- Please complete the following items related to your agenda request. 1. Date of Commission meeting: 10/10/00 2. Title: 25th Year CDBG 1st Amendment 3. Commission action requested: Adopt Resolution or Ordinance ® Expenditure ❑ Award Bid/RFP ❑ Presentation ❑ General approval of item ❑ Continued from meeting ❑ Other(please explain) ❑ • 4. Summary explanation & background: Staff recommends that the City approve the first amendment to the 25'h Year CDBG agreements extending the contract period from October 31, 2000 to October 31, 2001. The projects are currently in the design phase and are approximately ninety-percent complete. Staff anticipates putting the design out to bid by November 1, 2001. 5.Attached Exhibits (please list): 1. Agreement Extension 6. List Additional Backup Materials Provided: 7. For purchasing requests only: Fund Dept. Account name: Account#: Finance Director Approval Submitted by: Jason R. Nunemaker Date: 10/04/00 Assistant City Manager • City Manager Date Human Sw i Fe%slppartment . . Community Development Division 201 S. Andrews Avenue, 2nd Floor BROWARD COUNTY Fort Lauderdale, FL 33301 (954) 765-4910 • FAX 765-4919/765-4914 October 3, 2000 Michael Smith, City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Dear Mr. Smith: Subject: First Amendment to the 25�h Year C DBG Funding Agr, enient Enclosed are four (4) original First Amendment between Broward County and the City of Dania Beach to provido funding for the following two (2) projects: NW Neighborhood Beautification -Phase III in the amount of$129,500; and . SW Neighborhood Beautification-Phase IV in the amount of$80,5 71. Please execute all four(4) original First kmendments, affix corporate seal. and return the original documents to my attention for l;roc,2ssing a_id execution by the County Administrator. Please be advised that this will be the only extension to be approved due to the Division's inability to meet HUD expenditure guideline. If there are any further questions, please contact Ida L. Scott, Municipal Associate, at 765-4910, extension 249. Sincerely, Ray Lubomski, Director Attachments cc: Suzanne R. Fejes, Assistant Director Ror, Bono, Community Consulting Section Manz ig r John Hernandez, Municipal Associate BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS—An Equal Opportunity Employer and Provider of Services Norman Abramowitz Scott I.Cowan Suzanne N..Gunzburger Kristin D.Jacobs Ilene Lieberman Lori Nance Parrish John E. Rodstrom, Jr. Visit us on the internet:www.broward.org/wecare