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Home My WebLink AboutCity of Tamarac Resolution R-2011-072Temp Reso #12051 July 13, 2011 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2011- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE INTERLOCAL AGREEMENT FOR EMERGENCY/NON GUARANTEED SUPPLEMENTAL SUPPORT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC FOR INSPECTION AND PLAN REVIEW SERVICES TO BE PERFORMED BY THE BROWARD COUNTY BUILDING CODE SERVICES DIVISION IN THE EVENT THERE IS A STAFF SHORTAGE AT RATE OF SIXTY SIX AND 00/100 DOLLARS ($66.00) PER HOUR FOR A BUILDING CODE INSPECTOR, SEVENTY SIX AND 00/100 DOLLARS ($76.00) PER HOUR FOR A PLANS EXAMINER, EIGHTY DOLLARS AND FIFTY CENTS ($80.50) FOR A CHIEF BUILDING CODE INSPECTOR, NINETY AND 00/100 DOLLARS ($90.00) PER HOUR FOR BUILDING OFFICIAL SERVICES. OVERTIME, WHEN APPROVED BY THE CITY, SHALL BE AT ONE AND ONE HALF THE NORMAL HOURLY RATE, INCLUDING ANNUAL INCREASE OF 5%, FOR A FIVE YEAR PERIOD COMMENCING OCTOBER 1, 2011; PROVIDING FOR CONFLICTS; PROVIDING SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac desires to maintain a high level of inspection service; and WHEREAS, in the event of a prolonged absence of qualified inspection and plan review personnel the City would be unable to provide these services to the construction Industry; and Temp Reso #12051 July 13, 2011 Page 2 WHEREAS, Broward County has agreed to provide these services on an as needed basis in accordance with the fees as provided in the Interlocal agreement attached hereto as Exhibit 1; and WHEREAS, the City previously entered into an agreement with Broward County for this service by Resolution No. R-2009-109, which expires on September 30, 2011; and WHEREAS, representatives of the County and the City of Tamarac have negotiated a means and method to accomplish the objectives of providing for inspection and plan review services on an as needed basis by the execution of the Interlocal Agreement, attached hereto as Exhibit 1, which, by its terms, shall provide for certain monetary payments from the City to the County; and WHEREAS, available funds exist in the General Fund budget for said purpose; and WHEREAS, the Building Official recommends that the City enter into the Interlocal Agreement for inspection, plan review, Building Official and related services to be performed by the Broward County Building Code Services Division, Department of Planning and Environmental Protection; and Temp Reso #12051 July 13, 2011 Page 3 WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to execute the Interlocal Agreement for inspection, plan review, Building Official and related services to be performed by the Broward County Building Code Services Division, Department of Planning and Environmental Protection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The appropriate City Officials are hereby authorized to execute the Interlocal Agreement for inspection, plan review, Building Official and related services to be performed by the Broward County Building Code Services Division, Department of Planning and Environmental Protection (attached hereto as Exhibit 1), at a rate of sixty-six and 00/100 dollars ($66.00) per hour for a building code inspector, seventy six and 00/100 dollars ($76.00) per hour for a plans examiner, eighty dollars and fifty cents ($80.50) for a chief building code inspector, and ninety and 00/100 dollars ($90.00) per hour for Building Official services. Overtime, when approved by the city, shall be at one and one half the normal hourly rate, including annual increase of 5%, for a five year period commencing October 1, 2011; Temp Reso #12051 July 13, 2011 Page 4 SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent Jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 16 day of , 2011. Q4XsL PAMELA BUSHNELL, MAYOR ATT T: PETER M. J. RI A �ON, C M, CMC CITY CLERK.`o`F .TAIfq 4,Q��': RECORD OF COMMISSION VOTE: lb G: A • ESTAB9LI HED Q MAYOR BUSHNELL VW 0DIST 1: COMM. SWENS N UW =' SEAL ' �` •' Q� DIST 2: WM GOMEZ Q' '•4v.`' VXA- DIST 3: COMM. GLASS COUT0.4 DIST 4: COMM. DRESSLER •— I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM. AA EL S. GOREN �� CITY ATTORNEY Return recorded document to: Armando Linares, Director Permitting, Licensing and Consumer Protection Division 1 North University Drive, Bldg B, #302 Plantation, FL 33324 Document prepared by: Mona Fandel, Consumer Protection Administrator Permitting, Licensing and Consumer Protection Division 1 North University Drive, Bldg. B, #302 Plantation, FL 33324 Temp Reso #12051 Exhibit #1 INTERLOCAL AGREEMENT FOR EMERGENCY/NON GUARANTEED SUPPLEMENTAL SUPPORT BUILDING CODE SERVICES TO BE PERFORMED BY THE BROWARD COUNTY PERMITTING, LICENSING AND CONSUMER PROTECTION DIVISION OF THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT This is an Interlocal 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 TAMARAC, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as "CITY." WHEREAS, this Agreement is entered into pursuant to Section 163.01, Florida Statutes, also known as the "Florida Interlocal Cooperation Act of 1969"; and WHEREAS, COUNTY maintains an Environmental Protection and Growth Management Department which includes a Permitting, Licensing and Consumer Protection Division ("PLCPD") that conducts building official, plan review, permit inspections, code enforcement, and other services relating to building; and WHEREAS, the CITY is desirous of procuring from the COUNTY Emergency/Non Guaranteed Supplemental Support for Building Code Services within the municipal boundaries of the CITY; and WHEREAS, COUNTY, through PLCPD, is willing to perform such Services pursuant to the terms and conditions hereafter set forth; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY and CITY agree as follows: ARTICLE 1 - SCOPE OF SERVICES 1.1. CITYagrees to transfer to COUNTY the authority to perform Services in accordance with the terms herein. 1.2 COUNTY shall perform the Services through its PLCPD, or any successor division as may be designated by the County Administrator. 1.3 CITY issues permits and retains fees. County charges hourly rate for providing Emergency Supplemental Staffing for the year to the CITY. Requested staffing levels are not guaranteed. PLCPD will maintain a finite group of resources to provide peak load relief or emergency services on a first come first serve basis. ARTICLE 2 - FUNCTIONS AND DUTIES NOT TRANSFERRED TO COUNTY 2.1 It is specifically understood and agreed that all rights and powers as may be vested in the CITY pursuant to Chapter 166, Florida Statutes, or any other law or ordinance or Charter provision of the CITY not specifically addressed by this Agreement, shall be retained by CITY. It is further understood and agreed that this Agreement is not intended to address any of the functions listed below: Engineering Water Management Drainage Districts Traffic Engineering Natural Resource Protection Health Department Fire Protection 2.2 In the event CITY desires to have COUNTY provide any of the above Services, a separate agreement shall be required between CITY and COUNTY. ARTICLE 3 - COMPENSATION 3.1 For services provided, COUNTY shall provide services set forth above at the rate of Sixty Six and 00/100 Dollars ($66.00) per hour for a Building Code Inspector, Seventy Six and 00/100 Dollars ($76.00) per hour for a Plans Examiner, Eighty and 50/100 Dollars ($80.50) for a Chief Building Code Inspector, Ninety and 00/100 Dollars ($90.00) per hour for Building Official Services. Overtime, when approved by the CITY, shall be at one and one half the normal hourly rate. All hourly charges shall be billed in increments of thirty (30) minutes. 3.2 All costs shall be properly documented and said documentation provided to the CITY with the monthly invoices. COUNTY shall invoice CITY on a monthly basis for the services requested by CITY for the preceding month. CITY shall reimburse COUNTY within thirty (30) days of the date of the invoice. Any sums paid to the COUNTY are non-refundable to the CITY. 3.3 The amounts set forth above shall be adjusted annually by the COUNTY by an amount not to exceed five percent (5%) to address increases in operating and labor costs. Notwithstanding the foregoing, COUNTY may also adjust the amounts set forth above by amounts exceeding five percent (5%) in order to address natural disasters and other unforeseen events and circumstances. No later than May 1st of each year, COUNTY shall provide CITY with notice of anticipated increases, if any. Any increases shall take effect on October 1 st, following the May 1 st notification. ARTICLE 4 - TERM OF AGREEMENT 4.1 This Agreement shall be deemed to have commenced upon approval by the COUNTY ADMINISTRATOR, and shall continue in full force and effect until midnight September 30, 2016. 4.2 This Agreement shall remain in full force and effect through the termination date or any extended termination date, as set forth above, unless written notice of termination by the COUNTY or the CITY is provided pursuant to Section 8, NOTICES. ARTICLE 5 - GOVERNMENTAL IMMUNITY CITY is a state agency as defined in Chapter 768.28, Florida Statutes, and COUNTY is a political subdivision of the State of Florida. Each agrees to be fully responsible for acts and omissions of their agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. ARTICLE 6 - INSURANCE COUNTY is self insured in accordance with provisions set forth within Section 768.28, Florida Statutes. ARTICLE 7 - TERMINATION This Agreement may be terminated by either party upon ninety (90) days written notice to the other party of such termination pursuant to Section 8, NOTICES, herein. ARTICLE 8 - NOTICES Any and all notices given or required under this Agreement shall be in writing and may be delivered in person or by United States mail, postage prepaid, first class and certified, return receipt requested, addressed as follows: TO COUNTY: Director, Broward County Permitting, Licensing and Consumer Protection Division 1 North University Drive, Bldg. B, #302 Plantation, Florida 33324 With copy to: County Administrator 115 South Andrews Avenue, Suite 409 Fort Lauderdale, Florida 33301 tfoxem" Office of City Manager City of Tamarac 7525 NW 88th Avenue Tamarac, FL 33321 With copy to: Office of City Attorney City of Tamarac 7525 NW 881" Ave Tamarac, FL 33321 ARTICLE 9 - MISCELLANEOUS PROVISIONS 9.1 ASSIGNMENT: COUNTY shall perform the selected Services provided for in this Agreement exclusively and solely for the CITY which is a party to this Agreement. Neither party shall have the right to assign this Agreement. 9.2 WAIVER: The waiver by either party of any failure on the part of the other party to perform in accordance with any of the terms or conditions of this Agreement shall not be construed as a waiver of any future or continuing similar or dissimilar failure. 9.3 SEVERABILITY: The invalidity of any provision of this Agreement shall in no way affect the validity of any other provision. 9.4 ENTIRE AGREEMENT: It is understood and agreed that this Agreement incorporates and includes all prior negotiations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terns hereof shall be predicated upon any prior representations or agreements, whether oral or written. 9.5 INDEPENDENT CONTRACTOR: COUNTY is an independent contractor under this Agreement. Services provided by COUNTY pursuant to this Agreement shall be subject to the supervision of COUNTY. In providing such services, neither COUNTY nor its agents shall act as officers, employees, or agents of the CITY. This Agreement shall not constitute or make the parties a partnership or joint venture. 9.6 MODIFICATION: It is further agreed that no modifications, amendments or alterations in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. Amendments extending the term of this Agreement pursuant to Section 4.1 or adding or deleting services to the Scope of Services under Section 1 may be approved by the County Administrator. 9.7 CHOICE OF LAW; WAIVER OF JURY TRIAL: Any controversies or legal problems arising out of this transaction and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the Seventeenth Judicial Circuit of Broward County, Florida, the venue situs, and shall be govemed by the laws of the State of Florida. To encourage prompt and equitable resolution of any litigation that may arise hereunder, each party hereby waives any rights it may have to a trial by jury of any such litigation. 9.8 DRAFTING: This Agreement has been negotiated and drafted by all parties hereto and shall not be more strictly construed against any party because of such party's preparation of this Agreement. 9.9 RECORDING: This Agreement shall be recorded in the Public Records of Broward County, in accordance with the Florida Interlocal Cooperation Act of 1969. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] IN WITNESS WHEREOF, the parties hereto have made and executed this Interlocal Agreement Between COUNTY AND CITY for selected services to be performed by the Broward County Permitting, Licensing and Consumer Protection Division of the Environmental Protection and Growth Management Department on the respective dates under each signature- BROWARD COUNTY, signing by and through its County Administrator or designee, authorized to execute same by Board action on the 14 m day (LDecember, 2010, and the CITY, signing by and through its a _ I , duly authorized to execute same by Commission action on the _ day of , 20_"_ WITNESSES Signature COUNTY MORINDO ATANGAN Print/Type MARYAIVNF DARBY — - °� Print/Type Name �� BROWARD COUNTY, through its County Administrator or designee By 4 2r ( day of J c 20 Approved as to form by Office of the County Attorney for Broward County, Florida Govemmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By Assistant County Attomey INTERLOCAL AGREEMENT FOR EMERGENCY/NON GUARANTEED SUPPLEMENTAL SUPPORT BUILDING CODE SERVICES TO BE PERFORMED BY THE BROWARD COUNTY PERMITTING, LICENSING AND CONSUMER PROTECTION DIVISION OF THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT CITY Attest: LOGIF CITY C erk (date) �ry/�� .� pF T AMq''�i, \ , =a, : ESTABLISHED Q= (date) ', 1963 p: o w,% SEAL 0 �7 \ � COUN��`�\ '/'11111100\ CITY OF TAMARAC By ODU &,(of(( Mayor -Commissioner day of , 20_Zl Manag r L� t day of �� APPROVED AS TO FORM: iu k CI Attorney