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Home My WebLink AboutR-2024-073 BC ILA Year 48 CDBG Agreement AmendmentRESOLUTION NO.2024-_Q]_'�) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR FUNDING AND ADMINISTRATION OF THE YEAR 48 COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG') SOLAR LIGHT PROJECT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Commission approved Resolution 2022-079 authorizing the City of Dania Beach (City) to submit the 48' Year CDBG application for solar street lights; and WHEREAS, the present agreement between the City of Dania Beach and Broward County for the Year 48 CDBG Solar Light Project (Agreement) expired on April 30, 2024; and WHEREAS, the City of Dania Beach requested an extension to the Agreement to procure project materials and submit for reimbursement to maximize the City's benefit from the CDBG Program; and WHEREAS, Broward County agrees to the reinstate and amendment by extending the terms of the original Agreement. 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 the proper city officials to execute an amendment with Broward County for the "Year 48 CDBG Solar Lights" Project, a copy of which is attached as Exhibit "A" and made part of and incorporated into this resolution by this reference. Section 3. That the City Manager is authorized to execute future amendments to this Agreement that do not alter the scope and financial conditions of the Agreement. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be effective 10 days after passage. PASSED AND ADOPTED on 12024. Motion by l i� m s second b Vitt 1"� q6l l ' 1t� FINAL VOTE ON ADOPTION: Unanimous Yes No Commissioner Joyce L. Davis Commissioner Tamara James Commissioner Marco Salvino Vice Mayor Lori Lewellen Mayor Archibald J. Ryan IV APPROVED AS TO FORM AND CORRECTNESS: *EA. 0 S IS 2 RESOLUTION #2024- 3 ARD EMMESEMBEM REINSTATEMENT AND SECOND AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR FUNDING AND ADMINISTRATION OF 48TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR CAPITAL IMPROVEMENTS: SOLAR LIGHTING (CFDA # 14.218 / FAIN # B-22-UC-12-0001) This Reinstatement and Second Amendment ("Amendment') is entered into by and 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") (collectively referred to as the "Parties"). RECITALS A. At its December 6, 2022, meeting (Agenda Item No. 22), the Broward County Board of County Commissioners authorized Community Development Block Grant ("CDBG") funding to City. B. The Parties entered into the Agreement between Broward County and City of Dania Beach for Funding and Administration of 48th Year Community Development Block Grant Program for Capital Improvements: Solar Lighting (CFDA # 14.218 / FAIN # B - 22 - UC- 12- 0001), dated December 19, 2022 (the "Original Agreement'), to provide funding to City for solar lighting in City. C. On October 24, 2023, the parties executed a Reinstatement and First Amendment to the Original Agreement extending the term of the Original Agreement to April 30, 2024. D. The Original Agreement, as reinstated and amended by the Reinstatement and First Amended, is referred to herein as the "Agreement." E. The Agreement expired on April 30, 2024, and City has requested, and County has agreed, that it be reinstated and that its term be extended to June 30, 2024. F. The Parties now desire to enter into this Amendment to reinstate the Agreement and 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. 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 48th Year CDBG Agreement Reinstatement and Second Amendment — Dania Beach Page 1 of 4 as modified herein, all remaining terms and conditions of the Agreement shall remain in full force and effect. 3. The first sentence of Article 10 of the Agreement is amended as follows: The term of this Agreement shall commence retroactively on October 1, 2022 ("Effective Date") and shall end on ^ '„� ' �24 June 30, 2024, unless terminated earlier or extended pursuant to the terms of this Agreement. 4. Exhibit C to the Agreement, Project Timeline, is hereby deleted and replaced in its entirety with Exhibit C attached hereto and incorporated herein. 5. 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 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. 6. 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. 7. The effective date of this Amendment shall be the date of complete execution by the Parties. 8. This Amendment may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. 9. City represents and warrants that this Amendment constitutes the legal, valid, binding, and enforceable obligation of City, and that neither the execution nor performance of this Amendment constitutes a breach of any agreement that City has with any third party or violates any law, rule, regulation, or duty arising in law or equity applicable to City. City further represents and warrants that execution of this Amendment is within City's legal powers, and each individual executing this Amendment on behalf of City is duly authorized by all necessary and appropriate action to do so on behalf of City and does so with full legal authority. (The remainder of this page is blank.) 48th Year CDBG Agreement Reinstatement and Second Amendment — Dania Beach Page 2 of 4 IN WITNESS WHEREOF, the Parties hereto have made and executed this Amendment: BROWARD COUNTY, signing by and through its County Administrator, authorized to execute same by Board action on the 6th day of December, 2022, and City of Dania Beach, signing by and through its Mayor or Vice Mayor, duly authorized to execute same. BROWARD COUNTY, by and through its County Administrator BE Monica Cepero _ day of 20_ 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 -32 Karina D. Rodrigues Assistant County Attorney 0 Annika E. Ashton Deputy County Attorney (Date) (Date) COUNTY KDR Reinstatement and Second Amendment — 48th Year CDBG Agreement (City of Dania Beach) 5/2/2024 48th Year CDBG Agreement Reinstatement and Second Amendment — Dania Beach Page 3 of 4 REINSTATEMENT AND SECOND AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR FUNDING AND ADMINISTRATION OF 48TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR CAPITAL IMPROVEMENTS: SOLAR LIGHTING (CFDA # 14.218 / FAIN # B-22-UC-12-0001) CITY OF DANIA BEACH ATTEST: CITY CLERK CITY By: CITY MAYOR Print Name day of 20_ I HEREBY CERTIFY that I have approved this Agreement as to form and legal sufficiency subject to execution by the parties: City Attorney 48th Year CDBG Agreement Reinstatement and Second Amendment — Dania Beach Page 4 of 4 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 April 1, 2022 April 30, 2022 Specifications Advertise, Bidding and Pre -Bid �, ± 2023Septernbe 31, 2023 ..."cr' Meeting March 1, 2024 April 17, 2024 Bid Opening, Selection, and ^ tGbeF—, Award April 29, 2024 May 14, 2024 Construction contract December 1, 2023 Febr aFy 28 2024 execution, Pre -construction May 15, 2024 June 15, 2024 Meeting, and Construction (CDBG Area) Punch list Items MaFGh 1 2024 March �� 21z024 June 15, 2024 June 30, 2024 Completion of Construction to ^^ri'.�024 A °�'��'=T include punch list items and June 15, 2024 June 30, 2024 final close-out Page 1 of 1