HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-103Temp Reso #10734
05/31 /05
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2005- l 0,3
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE THE INTERLOCAL
AGREEMENT BETWEEN THE CITY OF PEMBROKE PINES
AND THE CITY OF TAMARAC FOR INSPECTION SERVICES
TO BE PERFORMED BY THE CITY OF PEMBROKE PINES
BUILDING SERVICES DIVISION IN THE EVENT THERE IS A
STAFF SHORTAGE AT A RATE OF FIFTY SEVEN DOLLARS
AND FIFTY-FOUR CENTS ($57.54) PER HOUR FOR
BUILDING CODE INSPECTOR; PROVIDING FOR
CONFLICTS; PROVIDING FOR 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 personnel
the City would be unable to provide these services to the construction industry; and
WHEREAS, the City of Pembroke Pines 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, representatives of the City of Pembroke Pines and the City of Tamarac
have negotiated a means and method to accomplish the objectives of providing for
inspection 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 City of Pembroke Pines; and
Temp Reso #10734
05/31 /05
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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, services to be performed by the City of Pembroke Pines
Services Division; and
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 services to be
performed by the City of Pembroke Pines Services Division.
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 services to be performed by the City of Pembroke
Pines Building Services Division (attached hereto as Exhibit 1), at a rate of fifty seven
dollars and fifty-four ($57.54) per hour for building code inspector, for a term expiring on
09/30/06.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
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05/31 /05
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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 S day of June, , 2005.
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OE SCHREIBER
Mayor
I_X1111*116
V 1U4LA- 1' RECORD OF COMMISSION VOTE:
MARION SWENSON, CMC MAYOR SCHREIBER
CITY CLERK DIST 1: COMM. PORTNER 5ev1
DIST 2: V/M TALABISCO
DIST 3: COMM. SULTANOF
DIST 4: COMM. ROBERTS
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
EjXP
GOREN
INT�EL
IM ITY ATTORNEY
INTERLOCAL AGREEMENT FOR BUILDING INSPECTION
AND RELATED SERVICES TO BE PERFORMED BY THE
CITY OF PEMBROKE PINES BUILDING DIVISION
This is an Interlocal Agreement, ("Agreement") made and entered into by and
between: The CITY OF PEMBROKE PINES, a Florida municipal corporation, hereinafter
referred to as "PEMBROKE PINES,"
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The CITY OF TAMARAC, a Florida municipal corporation existing under the laws of
the state of Florida, hereinafter referred to as "TAMARAC."
WHEREAS, this Agreement is entered into pursuant to §163.01, Florida Statutes,
also known as the "Florida Interlocal Cooperation Act of 1969"; and
WHEREAS, PEMBROKE PINES maintains a Building Services Division ("Building
Division") that conducts inspection services relating to building ("Services"); and
WHEREAS, TAMARAC is desirous of procuring all or some of the Services of
PEMBROKE PINES for the performance of structural inspections, or other Services within
the municipal boundaries of TAMARAC; and
WHEREAS, PEMBROKE PINES, 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, PEMBROKE PINES and
TAMARAC agree as follows:
ARTICLE 1 - SCOPE OF SERVICES
1.1. TAMARAC agrees to transfer to PEMBROKE PINES the authority to perform the
Services in accordance with the terms of this Agreement.
1.2. PEMBROKE PINES shall perform the above Services pursuant to this Agreement
through its Building Division, or any successor division as may be designated by the
PEMBROKE PINES City Manager.
1.3 Additional Services may be provided to TAMARAC upon written Amendment to this
Agreement, as provided in Section 9.6.
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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 TAMARAC pursuant to Chapter 166, Florida Statutes, or any other law or ordinance
or Charter provision of TAMARAC not specifically addressed by this Agreement, shall be
retained by TAMARAC.
ARTICLE 3 - COMPENSATION
3.1 PEMBROKE PINES shall provide the Services as required pursuant to this
Agreement at the rate of Fifty seven and 54/100 Dollars ($57.54) per hour for
Building Inspection Services.
If warranted, the amounts set forth above shall be adjusted annually by an
amount not to exceed five percent (5%) based on program costs, subject to
TAMARAC review and approval. No later than May 1st of each year,
PEMBROKE PINES shall provide TAMARAC with notice of anticipated
increases, if any. Any increases shall take effect on October 1 st following the
May 1 St notification.
3.2 PEMBROKE PINES shall invoice TAMARAC on a monthly basis for actual
Services provided to TAMARAC by PEMBROKE PINES during the preceding
month. TAMARAC shall reimburse PEMBROKE PINES within forty-five (45)
days of the date of the invoice. TAMARAC shall be invoiced for fractional
portions of an hour in half hour increments to the nearest half hour at the rate
set forth herein.
3.3 PEMBROKE PINES will prioritize and respond to additional services
requested such as emergency inspection services, intermittent, unplanned or
limited, contingent on the availability of resources.
ARTICLE 4 - TERM OF AGREEMENT
4.1 This Agreement shall be deemed to have commenced on June 13, 2005, and shall
continue in full force and effect until midnight, September 30, 2006. This Agreement may
be renewed for additional periods of two (2) years upon request of the municipalities'
respective city managers.
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
PEMBROKE PINES or TAMARAC is provided pursuant to Section 8, NOTICES.
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ARTICLE 5 - GOVERNMENTAL IMMUNITY
Both parties are state agencies as defined in Chapter 768.28, Florida Statutes.
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
PEMBROKE PINES and TAMARAC are 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 ten (10) 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 PEMBROKE PINES:
Charles F. Dodge, City Manager
10100 Pines Boulevard
Pembroke Pines, FL 33026
With Copy to:
Sandy Laguna, Chief Building Official
10100 Pines Boulevard
Pembroke Pines, FL 33026
TO TAMARAC:
Jeffrey Miller, City Manager
7515 NW 88th Avenue
Tamarac, FL 33321
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With Copy to:
Gary B. Jones, Chief Building Official
6011 Nob Hill Road
Tamarac, FL 33321
City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard
Suite 200
Fort Lauderdale, FL 333080
ARTICLE 9 - MISCELLANEOUS PROVISIONS
9.1 ASSIGNMENT: PEMBROKE PINES shall perform the selected Services provided
for in this Agreement exclusively and solely for the TAMARAC 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 terms
hereof shall be predicated upon any prior representations or agreements, whether oral or
written.
9.5 INDEPENDENT CONTRACTOR: PEMBROKE PINES is an independent contractor
under this Agreement. Services provided by PEMBROKE PINES pursuant to this
Agreement shall be subject to the supervision of PEMBROKE PINES. In providing such
services, neither PEMBROKE PINES nor its agents shall act as officers, employees, or
agents of the TAMARAC. 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.
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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
governed 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.
Attest:
Attest:
City Clerk
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Mayor Frank C. Ortis
day of d0f' - (date)
APPROVED AS TO FORM:
By / 05
City Attorney
CITY 0 TAMARAC f
By �
M yor Joseph Schreiber
y of Jun e , zocI' (date)
By
Jeffrey Mille'ri C anager
day of ,) t n C, , Q ()C)� (date)
APPROVED AS TO FORM:
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