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HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-167Temp Reso #10775 8/08/05 08/30/05 Rev#1 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2005-_[_�j 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 A RATE OF FIFTY FOUR DOLLARS AND FIVE CENTS ($54.05) PER HOUR FOR BUILDING CODE INSPECTOR, FIFTY SEVEN DOLLARS AND TWENTY-NINE CENTS ($57.29) PER HOUR FOR PLANS EXAMINER, SIXTY NINE DOLLARS AND FIFTY- NINE CENTS ($69.59) PER HOUR FOR BUILDING OFFICIAL SERVICES, INCLUDING ANNUAL INCREASE OF 5% EFFECTIVE OCTOBER 1, 2006 AND OVERTIME UPON APPROVAL BY THE CITY AT 1-1/2 TIMES THE HOURLY RATE; FOR A TWO YEAR PERIOD COMMENCING OCTOBER 1, 2005; 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 and plan review personnel the City would be unable to provide these services to the construction industry; and 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 Temp Reso #10775 8/08/05 08/30/05 Rev#1 Page 2 WHEREAS, the City previously entered into an agreement with Broward County for this service by Resolution No. R-2004-234, which expires on September 30, 2005; 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 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. Temp Reso #10775 8/08/05 08/30/05 Rev#1 Page 3 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 fifty four dollars and five cents ($54.05) per hour for building code inspector, fifty seven dollars and twenty-nine cents ($57.29) per hour for plans examiner, sixty nine dollars and fifty-nine cents ($69.59) per hour for building official services, including annual increase of 5% effective October 1, 2006 and overtime upon approval by the City at 1-1 /2 times the hourly rate; for a two year period commencing October 1, 2005. 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. Temp Reso #10775 8/08/05 08/30/05 Rev#1 Page 4 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of 5-,ftmbcj-, 2005. 4( J E SCHREIBER14 1ayor ATTEST: �J "G�'-1 ��✓i� RECORD OF COMMISSION VOTE: MARION SWENSON, CMC MAYOR SCHREIBER CITY CLERK DIST 1: COMM. PORTNER Ame 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. 1 SAMUE S.GOREN V NNTERIM CITY ATTORNEY 1 Return recorded document to: Armando Linares, Director Building Code Services Division 955 South Federal Highway Fort Lauderdale, FL 33316 Document prepared by: Charlie Torres, SPC III Building Code Services Division 955 South Federal Highway Fort Lauderdale, FL 33316 Temp Reso #10776 Exhibit #1 INTERLOCAL AGREEMENT FOR EMERGENCY/NON GUARANTEED SUPPLEMENTAL SUPPORT BUILDING CODE SERVICES TO BE PERFORMED BY THE BROWARD COUNTY BUILDING CODE SERVICES DIVISION, DEPARTMENT OF URBAN PLANNING AND REDEVELOPMENT 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," 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 §163.01, Florida Statutes, also known as the "Florida Interlocal Cooperation Act of 1969"; and WHEREAS, COUNTY maintains a Department of Urban Planning and Redevelopment which includes a Building Code Services Division (BCSD) 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 BCSD, 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. CITY agrees to transfer to COUNTY the authority to perform Services in accordance with the terms herein. 1.2 COUNTY shall perform the Services through its BCSD, 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 minimum level of staffing for the term of the agreement will be based on Schedule A. Requested staffing levels are not guaranteed. BCSD 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 requested in Schedule A, COUNTY shall provide services set forth above at the rate of Fifty Four and 05/100 Dollars ($54.05) per hour for a Building Code Inspector, Fifty Seven and 29/100 Dollars ($57.29) per hour for a Plans Examiner, Sixty Nine and 59/100 Dollars ($69.59) 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 in Schedule A 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 five percent (5%) to address increases in operating and labor costs. Increases shall take effect on October 1 sr. ARTICLE 4 - TERM OF AGREEMENT 4.1 This Agreement shall be deemed to have commenced upon approval by the COUNTY COMMISSION, and shall continue in full force and effect until midnight September 30, 2007. 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: Director, Broward County Building Code Services Division 955 South Federal Highway Fort Lauderdale, Florida 33316 With copy to: County Administrator 115 South Andrews Avenue, Suite 409 Fort Lauderdale, Florida 33301 TO CITY: WITH COPY TO: Office of the City Manager City Attorney 7525 NW 88t" Avenue 7525 NW 88t" Avenue Tamarac, FL 33321 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 terms 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 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. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 14 IN WITNESS WHEREOF, the parties hereto have made and executed this Interlocal Agreement Between COUNTY and CITY/TOWN for selected Services to be Performed by the Broward County Building Code Services Division on the respective dates under each signature: BROWARD COUNTY rough its BOARD OF COUNTY COMMISSIONERS, signing by and t gh its Mayor Vi Mayor, authorized to execut me by Board action on the day of ,20(date) and the CITY/TOWN, signing by and through its , authorized to execute same by Commission action on the l 6c_ day of ,20 415 (date). IAITV ATTEST: W-tocministrator and: Mierk, of the Board County Commissioners of County, Florida , BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS AV Approved as to form Office of County Attorney Broward County, Florida Jeffrey J. Newton, County Attorney Govemmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 B V_&� a c-f-� ,4ssr. County Attorney INTERLOCAL AGREEMENT FOR INSPECTION, PLAN REVIEW, BUILDING OFFICIAL AND RELATED SERVICES TO BE PERFORMED BY THE BROWARD COUNTY BUILDING CODE SERVICES DIVISION, DEPARTMENT OF URBAN PLANNING AND REDEVELOPMENT. CITY CITY OF TAMARAC Attest:'' By? r. Mayor -Commissioner CITY Clerk j day ofede iL, 20 (date) By [ ,vim. CITY Manager (L , day of �' , c�psi�i (date) APPROVED AS TO FORM: CITY Attorney -8- SCHEDULE A BUILDING CODE SERVICES DIVISION ANNUAL SERVICE REQUEST CITY OF TAMARAC CHECK ONLY ONE BOX, If selected more than one Option, use a separate Schedule A for 2nd. Option. LM Guaranteed EM Not Guaranteed OPTION DAYS building Structural Electrical Mechanical Plu bing Clerical P.E. INSP, P.E. INSP, P.E. INSP. P.E. INSP STAFF Official MONDAY Totalhrs...................... .....,... ......... ,. Total FTE TUESDAY Total hrs. Total FTE WEQNESDAY Total hrs. _................ ..........,...... _. _............. .................... ............. ........--- ........ .. Total FTE THURSDAY Totalhrs. .................... _......... ................ ........... .......... ................... .................. -.._........ ............ ................. Total FTE ........... FRIDAY Total hrs. Total FTE _ Weekly Total hrs. .... ............................ ....... Total FTE Annual Total 0 of Weeks ........ .0:00 .. .4.00 .10.00 w..,. ..... .. -3.00 3.00 3.00 3.00 2,00 2.00 0.00 Total hrs. 0.00 •............................................................._......,....................................._....._. 160.00 400.00 120.00 120.00 .................................... 120.00 120.00 .... 120.00 120.00 0,00 Total FTE 0.00 D.09 0,23 0.07 0,07 0.07 0.07 0.07 0-07 0.00 Annual rm$0,00,$9,166.40 Total Dollar Amt $21,620.00 $t3,874.80 $6,486.00 $6.874-80 $6,488.00 $6,874-80 $6,874M Si ature Daily Total FTEs = Total daily hours divided by 7.5. Weekly hours = sum of total daily hours. Weekly FTEs = Total weekly hours divided by 37.5 Annual hours = Total # of weeks times total weeky hours. Annual FTEs = Annual hours divided by 1744 Dollar amount = annual hours times hourly rate for below services: INSP: Inspector (Hourly rate - $54.06) PE; Plans Examiner (Hourly rate - $57.29) SO: Building Official (Hourly rate - $69.69) Clerical Staff (Hourly rate - $28 38) FTE - Full time equivalency Pr n d Name 011, 31K 41,239 Dani 355, Pagr! I of 13, Recorded 01/23/2006 at Co�,un�y Dapiity Clerk 1012 F.XH1 BIT I 93 S 14� 8hway - L F,- 3 -^i 6 (".1a" it 7-nH�-. sll-�c It '3316 emp Reso #1077fi F-):hibft #1 i.x IrLALOCAI - AGREEMENT FOR LiMERGENCKNON GUARANTEED SJPPLEMENTAL SUPPORT 3J�,D�NG CODE SERVICES TO BE PERFORMED BY THE 8R0k,VkRD COUNTY BUILDING CODE SERVICES DIVISION, `�EPARTi'vq'E'WT W7 URBAN PLANNING AND REDEVELOPMENT This is ar. interlocal Agreement, made and entered into by and between- BR01vW%Rz) GOUN-'),, a politicil subtivivion of the state of Florida, hereinafter teferred to as :� C 0 ") , ` AND CITY OFTAMARA-C, a municipal rorporatior, existing under the laws of the state of �-�Oda, heie�nafter ieferrad ta as "Cl—Y." ��iis,l\qrelament is en'ered lj�to pursuant to §163.01, Florida Statutes, I`T� "Florida lrledocal Coc)peration �'ct of 1969"; and 1�vl'IE�REAS, COJNTr' maimair.s a Department of Urban Planning and Redeve.o,zrnerit wh�ch �nCkidas �-:i Builling Code Services Division (BCSD) that conducts officiaj pian review, permit inspections, code enforcement, and other services Etitig 0 - vv��DR1,As, tne 01T),:s cesiro"is 3f procuring from the COUNTY Ernergencyffilon �.'Uarari-,BE72 SuPn!,,-,,n.entaI IS2upport 'for BuildAg Code Services within the municipal W tn,�2 Cl-r(; anc. th,,ough BGSID, is willing to perform such Services pursuani * i- ...A , t8n-.�7 arlJ cc�-dlt'cns 1�,ereafter set forth; NOW, THEREFORE, = 111r.1br, SL'bMftd ft 26J&-^� TJtM j%L RIE WRI+ TO rMUMENT C )t 's. 7� O�� SY-' 4'-33�, P,, 356., Page 2 of 13 iN CGN3102RA-flON of the Mut',jall terms. conditions, promises, covenants and payrnerits' hereinaf.er set forzh, COUNTV and CITY agree as follows: ARTK'A.E I - SCOPE OF SERVICES .-V 8] ree�� "'o t'ansfer t:, COUNI Y the authority to perform Services inaccordance 4he te�rls hei-arl, G(;��NTY st-,SE per'Inmri'he Services through itsBCSD, or any -successor division as 6--�,iqnatt-c' by t'ie Ccunbf Adrninistrato,. 1 3 (-,;Tv �scues pe,rnifs aid retains fees. County charges hourly rate for providing Pr,;nrq_,--r.cy Sur -�!6jrnpnz I Statfing for the year to the CITY. RequestedminimilrilleV510f a s�aff,,rlg fol, the tern- aftne a�reernenf. w, 11 be based an Schedule A. Requested staffing BC;,�E',D wM maintain a finite group of resources to provide peak 4 cT 9mergency services an o first come first serve basis. ARTICL-F -2 - '-JN(.,'rI04S AND DUTIES NOT TRANSFERRED TO COUNTY 2 It IS ��PeClfiC@Ly Lriderf:,'Llo= zinc streed that all rights and powers as may be vested t'�"'e ITY P ji to ChaAe., 1 $6, Fl:)rida StatLtes, or any other law or orciinance 01' - he Y -iot specifically addressed by this Agreement, shall be 4 - . oft-1,; lec �'il. !it ji!urke, understooc2 and agreed thatthis Agreement is not �nter.ded ,j a ��ny of lhp is listed be�ow: Enf.,,,;npe-ing Dra'nage Disiricu lmf5c, Eiginearing ��.tj---a� ReSC)Lrx-, 71roteAcn Denmtl%en: 2 2 1.11, ' L� desiresi to have COUNTY provide any of the above Services, a. sa'-'arat" tw� required between CITY and COUNTY. 0.�- -SK J'-339 !)�; 357, F age 3 of 13 ARTICLE 3 - COMPENSATION 3A Forsservices requested in Schedile A, COUNTY shall provide services set forth -3�30ve 1,1 rate of Fiftj Four and OV1 C,,O Dollars ($54.05) per hour for a Building Code ; ns,,&.�,Wr F'�fiy SevBn and 2,?/100 D61ays ($57.29) per hour for a Plans Examiner, Sixty N ir a 2"':� E"11 C.'6 "'.):Aars ($H. 99) per tic ir for Bullcing Official Services. Overtime, when I "Y, shall be at orie and one half the normal hourly rate. All hourly j:)provec -y the, C1 be bil�el i n ir,craments of tnirty (30) minutes. 12 A,i ,;osts shall be prqperly documented ana said documentation provided to the CWY wlt� the monthly invoicas. COUNTY shall invoice CITY on a monthly basis for the -,a - re4.i estec'n Sd-ledVle A by CITY for the preceding month. CITY shall reimburse COXJNTI,� �xithin lhi��'.'y i,3;1)daJ.%of the dale of the invoice. Any sums paid to the COUNTY 71-�E �-nEIDLO% Set for-th above shall be adjusted annually by the COUNTYby five t(ja'(J"-'�ass increases in C.pe,ating and!abor costs. Increases shall take effect 0:'tche" I A1111CLE 4 - TERM OF AGREEMENT A-�-�;emart ��hal' be deenied to have commenced upon apprnval by the i,id shall confnue in full force and effect until midnight 3-1, 2C-�T '.2 'NsAoreemant shall ra-main in ful'force and effect through the termination dateor a ny extended termination date. as set forth above, unless written notice of termination by '7e C 0UNTY or The CITY Is provided pw'suant to Section 8, NOTICES. ARTIC�-E 5 - GOVERNMENTAL IMMUNITY "rr .,- a. � a ta ute- , d ,cate ager�cj, as deffied ir, Chapter 768.28, Florid S t s an C'0�'JNITY is a poftical su�.,cjvisjon of tie State of Florida. Each agrees to be fully uspont.:Ahle "t"f'nd:c, and ornissions of the�r agents or employees to the extent permitted by ,Zvi, Nql"Ah�'ng herein ils intendrd to serve as a waiver of sovereign immunity by any party to i�,ovcnrpign �Imrrjtz,,ity -may be app:icable. Nothing herein shall be construed as ior,isevt by a state agerry or.p�litical -�wbdivision of the State of Florida to be sued by third -Ay mel'llr 9031119 00. of this Agreement or any other contract. f d * 1 5 r 5:.r, OR SK 4!1:i 9 P; 3S3, Page 4 of 13 ARTICLE 6 - INSURANCE C:CUNFY is sal Jnsu;-ed in arco;dance with provisions set forth within Section 3f,,, 8, F..cnda Statutes. ARTICLE 7 - TERMINATION AgreeWent..,,)ay be terminated by either party upon ninety (90) days written. -rot Ewe to the ci ner party cf such 'termination pursuant to Section 8, NOTICES, herein. ARTICLE 8 - NOTICES Any ant a,'l notices given. or rarl,Jred under this ,Agreement shall he in writing and may be daiivered i-' person or by United States mail, postage prepaid, first class and certified, rear± n rave i;pt re.oaested, addressed as follows: C)i- tabor; 3r4j'J1ar0 OL-,-i y Buildinp Code Services Division 9(,1JE- i,�curvl", Feaee;sr Hghw1ax�y)) riV.`l .l C" ""; tc: wou. 'tiy At: nrirustrator '6 Seat}• Aldre+ws A'4firUe, Suito 409 For;-,-auderdale. Fiorida 33301 0 .'.iT`': WITH COPY TO: nf'iha Ciby 10-an.agd:r City Attorney 15'25 NVV'88-'' Avenue 7525 NW 88`" Avenue Tamara.:, FL 33321 Tamarac, FL 33321 1: FA �; -1. �., ;, 7 ", '- 6 :2 . OR ��X A � 339 P -", 3ED, PagG .5 of 13 AR,Tl,[;LE- 9 - MISCELLANEOUS PROVISIONS ASS�IGNMENJT. COUNT'i'shall parforrn the selected Services provided for in this Agra"-ff erk" �'Xc,�Jsivqly an� sc'.]M; for Vie CITY which is a party to this Agreement. Neither P3T f all � iE -ve the, dg6t,'- sssiqn thil, Agreement. C4.2 The waivo�r oy sitner party of any failure on the part of the other party to vi& any of the teans or conditions of this Agreement shall not be asa''W'q.vel' of any futire or centinuing similar or dissimilar failure, 9-4 The invalidity of any provision of this Agreement shall in no way -M r &ctfl,lp va�7&i� of an� otlia.,- provision. .4,GREEMENT It is jndar-,-,oDcl and agreed that this Agreement ""nr' xkjr negotiations, agreements or understandings applicable VIE, -Cln�ajled heoi�n and the parties agroe that there are no comInitments, or Lmderstari:f'vngs uoncerning the subject matter of this Agreement that are Accordingly, it is agreed that no deviation frc,n the terms aar,��cf qha�� be i�,*�Jiwec u.pan any, prio�. representations or agreements, whether oral or vrtlen- 1J I N DEFIEN' DE W-' CiDN-RAC TOR: 00 U NTY isan independent contractor under this by COUNTY pursuant to this Agreement shall be subjectto 1,� provicin-j SLch services, neither COUNTY nor its agents S(-t ?"'a GT'ce��Z-' 0'npla�eeis, or at,�,erts of the CITY. This Agreement shall not rr,17t,., ir make the parfle-.s partnersnip or joint venture. 6 E-1 It �s further egreed that no modifications, amendments of- il-llt,�"it;cf�si,, *he ternis or cond'tions contained herein shall be effective unless contained in a v2,1,tc�r� d,-�cjrnent executed Wth the some formality and of equal dignity herewith. Vni-'n' -ing the lanit of this Agreement pursuant to Section 4.1 or adding or S ccp� t.,)f fS ervit. F, under Se(lion 1 may be approved b t 1 County A lrz�. 9 LAW; %fvA1VFR OF J1,JRY TRIAL: Any controversies or legal problems ing r I , - ��jt of th s trnnsact�on and any a0on involving the enforcement or interpretation of al), nqi'!S np..'eundsr shaQ be submfttel to the jLrisdiction of the State courts of the Seven'cen'�" J'Lxlical Circuit of Broward County, Florida, the venue situs, and shall be joolrr�r-�d ':�v th'a h-mv'; of tie State of Florida. To encourage prompt and equitable ps-clut�onof ar,,-�Tq-ition tiha� may Brittle hereunder, each party herebywaives any rights it, -tn'r MJ hV jw)i of ary such fit gation. 'fir. 9" 339 P_- 360, Fagg 5 of 1.3 -Fi L+ i :.FF"''i Cc : This Agreement has been negotiated and drafted by all parties hereto a.id sh,,411 not be n,pure strictly construed against any party because of such party's Agreernent. This -Apraame m. shall be reccrded in the public record?; of Browrard at"C:A ,Cabe Wth t, I e 1.-larids lr7terfocal Cooperation Act of 1969. [REMAINDER OFF PAGE tNTENTIOyNALLY LEFT BLANK] :I?'► .f. 7.._ 57L .,.. Of-, SK 41339 P_t 361., Page 7 of 13 cN WITNESS WHEREOF, the pardes hereto have made and executed this Interlocal kqs rnarej' Between C:OilNT`a' and CITY/TOWN for selected Services to be Performed by t`►e Brc►ward County Buildinp Cade Services Division on the respective dates under each �;i,ynai tare 3RO' i° RD CCUNTY throWh its BOARD OF COUNTY COMMISSIONERS, ►,i'Mng b ano tnraign its Mayor or "Vine Mayor, authorized to execute Rame by Board the _ iC u d / ai` 11 u�, r, 2date) and thhs r.,!TYiT,'r Aj'N signing by and through its authorized to execute st►e ere by �—.Omrniss on action on theme day of Spracee. art 20gF, (date). i 1J0 JNTY f J, ►)', r ni-A, and Ek- .- o ,6erk of, gig Board of ►r�q�irax.� ��urti r7•►rrriss►+�r�rs of fU'Alir� C:;a►rr;r.�r, Flarids ter.; � '"-`� • ' � .;�r�+ tit s BROWARD COUNTY, through its BOA777NTYISPSIONERIS Mayor L—day of Lf=±=, 20 !�C (date.) ikpproved as to form P ►ce of County Attorney Raward County, Florida *Trey J. Newton, County Attorney dcvemmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telec:opier: (954) 367-6968 By 7i. ram.Q qu _ County Attorney O_:. Jig 11"133;; }'; 36', Page 9 of 13 (.I"CFR1.O :xrL AGREEMENT FOR INSPECTION, PLAN REVIEW, BUILDING OFFICIAL r'tjND R=LkTEEC SERVICES TO BE FERFORMED BY THE BROWARD COUNTY" SLJrLL);NG ODE SERVICES C=IVISION, DEPARTMENT OF URBAN PLANNING AND ELO'PMEN-r CITY CITY OF TAMARAC By ,41 Mayor -Commissioner C..l''r 0-:1rk day of �, 2.0 1(date) By - Manager day of� - 9Z)O (date) APPROVED AS TO FORM: E15-41 OA V CITY Attorney LA t7 1. ci7b;ii; ;).:. ;i; 4'-335; PG 3E3, Page .9 of 13 SCHEIDULE A BUILDING CODE SERVICES DIVISION ANNUAL SERVICE REQUEST CITY C,F TAMARAC CHEt,:➢c 0fNk 6UX. It selette0 mere t:nari am Gptio,l, Lisa a sa?,trato 50w4u6a A for xnd. Opdun, Gja,ranta�d E , Not Guaranteed OPTION - ..r am_-1^ - .__.._..._.�.�-----........`"Ir �.ly . I 1�SiQ.StA.� pH d Name nn: k:^.,ud.r•; w5;;,�:r��o�iaax;,.;.a:l.•,aoc.'rs JMt-•0ky F,;:;fztnl wo5ek;y,-wei d-YPtp'3,:.,. =`:u,.r.=. _• G: 1 f p7 —,.s G,:.s lute..4 _•ky� bars. A'I: uijj :' i'-£ = P+nn:la; hdu5 dIlvided by 1744 .)lea ,:np:P,P _ °-Cnuz1 7gorS 4r.Ys CWP( ruse `,Ur 1k`irhY aBNI�I N'.l.;.P. dnspc-Cff tHc 2J :"•2:,�-'1 -= Evrm'r, (>9rJv:�y:are $t:.?p) n::;a�i rH� n; rare - He s as) 3.e:oaal 6tat (:-:puny rate • 579 SB) �,F A �- 7 L 5 9- �'2 . S-K 4133� P�, 364, Pag(n 10 of 13 ExH181T 2 Temp Reso #10775 8/08/05 08/30105 Rev#1 Page I CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2005-_W A RESCLJTICN OF THE CITY COMMISSION OF THE CITY OFTAMARAC, FLORIDA AUTHORIZING THE APPROPRIXF'E CITY OFFICIALS TO EXECUTE THE INTERLOCAL AGREEMENT FOR EMERGENCYINON 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 A THE EVENT THERE IS A STAFF SHORTAGE AT A RATE OF RF7Y FOUR DOLLARS AND FIVE CENTS ($54.05) PER HOUR FDR BIJILDiNG CODE, INSPECTOR, FIFTY SEVEN �-.JOLLA,;�S AND TWENTY-NINE CENTS ($57.29) PER HOUR FOR PLANS EXAMILNER, SIXTY NINE DOLLARS AND FIFTY- NINE CENTS ($69-59) PER HOUR FOR BUILDING OFFICIAL SERVIC'ES, INCLUDING ANNUAL INCREASE OF 5010 EFFECTIVE OCTOBER 1, 2306 AND OVERTIME UPON APPROVAL BY TH;z' CITY A7 1-1/2 TIMES THE HOURLY -%ITE; FOR A TWO YEAR PERIOD COMMENCING OCTOBER 1, 2035; 13ROVIDING FOR CONFLICTS; PRCVID�NG, FOR. SEVERABILJTY; AND PROVIDING 1`01� AN WHEREAS, the, C:ty of Tarnarac desires to maintain a high level of inspec tion E>ervioa-' and WHEREAS., in the event of a prolonged absence of qualified Inspection and plan review personnet the C4,'Nould b.;) unable to provide these services to the construction �ndustry aild WHERi_;_;AS, Broward (_'�unt/. has agreed to provide these services on an as needed bas s in sccordancD with the fees 6s provided in the interlocal agreementattached hereto '. - a,ic! 'F �4 ',)J -; S, '4 1, ! I :�: I'- D .1 1. ". :,,I, �' IL31' P, 5C D, F acle 5 of 12 fN �1417,NFSS, WHEREOF, the Parties hereto have made and executed this Intedocal tkqiatniarsl Lea-,ween COUN71i'and CITWrOWN for selected Services to be Pertormed by the Broward CCUAI'J� SUilding Code Services Division on the respective dates under each .'�—nstvte: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, by and through its Mayor or Vice Mayor. authorized to execute same by Board w,'Jan <-,r'the day of 0CL,20S'(date) and the r;1TY,q0'V1r'N, signMg by and through its m &,I c4 authorized to execute V,apne by Gornmission action. on th(k.'±—', day of_ lep-re-�—Lo�-c-:�,—,20b5(date). cJTE (,'OUNTY BROWARD COUNTY, through its BOARD 0 UNTY SSIONERS Mayor /oa 1&0 C erk r�, N, , rd of ':(:run t-f C.,.irrimskmera of fj14&y of �r-+r�,.'.w-4— 20 Q,k' (liate!) FOn"d' Approved as to form Mice of County Attorney Oroward County, Florida Jeffrey J. Newton, County Attorney 'Governmental Center, Suite 4.23 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 TeNecopier: (954) 357-69M ,4sr. County Attorney 'FA � I. -� - 0�'. 4.". 3 -� .9 365, Fag(� 12 of 13 T 3mp Reso #10775 8/08105 08/30/05 Rev#1 Page 3 NOW, THEREt�ORE, BE iT RESOLVED BY THE CITY COMMISSION OF THE CL'TY OF 7AMARAC, i=LORIDA: SECTION 1: Triat the foregoing "WHEREAS" clauses are hereby ratified and cnnf'-med as being tr�,e and correct and are hereby made a specific part of this Resolution. SECTION 2: Trie appropriate City Officials are hereby authorized to execute the - f j�-ispectio- , p�ar review, Building Official and related services to be pen'orrne6 the Braward Couity Building Code Services Division, Department of rliar,,�,iingand Environmental Protection (attached hereto as Exhibit 1), Lit a rate of fifty four dollarcand five cents ($�4-05) per hour for building code inspector. fifty seven dollars and Kv�,--,ty-nine cantp,,`$57.29) per hourbr plans examiner, sixty nine dollars and fifty-nine rLiras par ��our for building official services, Including annual increase of 5% effective October 1, 200A and overtime upon approval by the City at 1 -1 /2 times the houriy rate, 'for a Nvo ysar period commencing October 1, 2005. SECTiON 3: Ail resoluUcins or parts of resolutions in conflict herewith are hereby ,�pan�ee, "I the extz,tof such wrfflict, 5EC`iON 4- If any clause, section, other part or application of this ResollAtion is by any court of nompotent Orisdiction to be unconstitutional or, invalid, in part or ap�,Aica-�ion, it shall not affect the valitity of the remaining portions or applications of this Res-lution- .'i':,I .1.::.,7--5-", :.);_: 41339 h_: 367, Page 13 of 13 Ternp Reso #10775 8/08/05 08/30/05 Rev#1 Page A SECTION 5_ This Resolution shall became effective immediately upon its passage and, adon"icn. PASSED, ADOPTED AND APPROVED this Oday of &f*mbc^, 2005. A17EST? �i i Y' ;'-',LERK HF-RF8Y CFRTl5 / that havz approved this RESOLUTION as to tor-n. IJ S. GOREN � R 4 : !TY' ATTORNEY f / T J E SCHREIBER ayor RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: VIM TALABISCOI r DIST : COMM. SULTANO DIST d: COMM. ROBERTS-- 5 ?w Temp Reso #10775 8/08/05 08/30/05 Rev#1 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2005-_[_�j 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 A RATE OF FIFTY FOUR DOLLARS AND FIVE CENTS ($54.05) PER HOUR FOR BUILDING CODE INSPECTOR, FIFTY SEVEN DOLLARS AND TWENTY-NINE CENTS ($57.29) PER HOUR FOR PLANS EXAMINER, SIXTY NINE DOLLARS AND FIFTY- NINE CENTS ($69.59) PER HOUR FOR BUILDING OFFICIAL SERVICES, INCLUDING ANNUAL INCREASE OF 5% EFFECTIVE OCTOBER 1, 2006 AND OVERTIME UPON APPROVAL BY THE CITY AT 1-1/2 TIMES THE HOURLY RATE; FOR A TWO YEAR PERIOD COMMENCING OCTOBER 1, 2005; 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 and plan review personnel the City would be unable to provide these services to the construction industry; and 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 Temp Reso #10775 8/08/05 08/30/05 Rev#1 Page 2 WHEREAS, the City previously entered into an agreement with Broward County for this service by Resolution No. R-2004-234, which expires on September 30, 2005; 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 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. Temp Reso #10775 8/08/05 08/30/05 Rev#1 Page 3 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 fifty four dollars and five cents ($54.05) per hour for building code inspector, fifty seven dollars and twenty-nine cents ($57.29) per hour for plans examiner, sixty nine dollars and fifty-nine cents ($69.59) per hour for building official services, including annual increase of 5% effective October 1, 2006 and overtime upon approval by the City at 1-1 /2 times the hourly rate; for a two year period commencing October 1, 2005. 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. Temp Reso #10775 8/08/05 08/30/05 Rev#1 Page 4 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of 5-,ftmbcj-, 2005. 4( J E SCHREIBER14 1ayor ATTEST: �J "G�'-1 ��✓i� RECORD OF COMMISSION VOTE: MARION SWENSON, CMC MAYOR SCHREIBER CITY CLERK DIST 1: COMM. PORTNER Ame 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. 1 SAMUE S.GOREN V NNTERIM CITY ATTORNEY 1 Return recorded document to: Armando Linares, Director Building Code Services Division 955 South Federal Highway Fort Lauderdale, FL 33316 Document prepared by: Charlie Torres, SPC III Building Code Services Division 955 South Federal Highway Fort Lauderdale, FL 33316 Temp Reso #10776 Exhibit #1 INTERLOCAL AGREEMENT FOR EMERGENCY/NON GUARANTEED SUPPLEMENTAL SUPPORT BUILDING CODE SERVICES TO BE PERFORMED BY THE BROWARD COUNTY BUILDING CODE SERVICES DIVISION, DEPARTMENT OF URBAN PLANNING AND REDEVELOPMENT 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," 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 §163.01, Florida Statutes, also known as the "Florida Interlocal Cooperation Act of 1969"; and WHEREAS, COUNTY maintains a Department of Urban Planning and Redevelopment which includes a Building Code Services Division (BCSD) 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 BCSD, 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. CITY agrees to transfer to COUNTY the authority to perform Services in accordance with the terms herein. 1.2 COUNTY shall perform the Services through its BCSD, 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 minimum level of staffing for the term of the agreement will be based on Schedule A. Requested staffing levels are not guaranteed. BCSD 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 requested in Schedule A, COUNTY shall provide services set forth above at the rate of Fifty Four and 05/100 Dollars ($54.05) per hour for a Building Code Inspector, Fifty Seven and 29/100 Dollars ($57.29) per hour for a Plans Examiner, Sixty Nine and 59/100 Dollars ($69.59) 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 in Schedule A 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 five percent (5%) to address increases in operating and labor costs. Increases shall take effect on October 1'5t, ARTICLE 4 - TERM OF AGREEMENT 4.1 This Agreement shall be deemed to have commenced upon approval by the COUNTY COMMISSION, and shall continue in full force and effect until midnight September 30, 2007. 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: Director, Broward County Building Code Services Division 955 South Federal Highway Fort Lauderdale, Florida 33316 With copy to: County Administrator 115 South Andrews Avenue, Suite 409 Fort Lauderdale, Florida 33301 TO CITY: WITH COPY TO: Office of the City Manager City Attorney 7525 NW 88t" Avenue 7525 NW 88t" Avenue Tamarac, FL 33321 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 terms 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 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. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 14 IN WITNESS WHEREOF, the parties hereto have made and executed this Interlocal Agreement Between COUNTY and CITY/TOWN for selected Services to be Performed by the Broward County Building Code Services Division on the respective dates under each signature: BROWARD COUNTY rough its BOARD OF COUNTY COMMISSIONERS, signing by and t gh its Mayor Vi Mayor, authorized to execut me by Board action on the day of ,20(date) and the CITY/TOWN, signing by and through its , authorized to execute same by Commission action on the l 6c_ day of ,20 415 (date). IAITV ATTEST: W-tocministrator and: Mierk, of the Board County Commissioners of County, Florida , BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS AV Approved as to form Office of County Attorney Broward County, Florida Jeffrey J. Newton, County Attorney Govemmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 B V_&� a c-f-� ,4ssr. County Attorney INTERLOCAL AGREEMENT FOR INSPECTION, PLAN REVIEW, BUILDING OFFICIAL AND RELATED SERVICES TO BE PERFORMED BY THE BROWARD COUNTY BUILDING CODE SERVICES DIVISION, DEPARTMENT OF URBAN PLANNING AND REDEVELOPMENT. CITY CITY OF TAMARAC Attest:'' By? r. Mayor -Commissioner CITY Clerk j day ofede iL, 20 (date) By [ ,vim. CITY Manager (L , day of �' , c�psi�i (date) APPROVED AS TO FORM: CITY Attorney -8- SCHEDULE A BUILDING CODE SERVICES DIVISION ANNUAL SERVICE REQUEST CITY OF TAMARAC CHECK ONLY ONE BOX, If selected more than one Option, use a separate Schedule A for 2nd. Option. LM Guaranteed EM Not Guaranteed OPTION DAYS building Structural Electrical Mechanical Plu bing Clerical P.E. INSP, P.E. INSP, P.E. INSP. P.E. INSP STAFF Official MONDAY Totalhrs...................... .....,... ......... ,. Total FTE TUESDAY Total hrs. Total FTE WEQNESDAY Total hrs. _................ ..........,...... _. _............. .................... ............. ........--- ........ .. Total FTE THURSDAY Totalhrs. .................... _......... ................ ........... .......... ................... .................. -.._........ ............ ................. Total FTE ........... FRIDAY Total hrs. Total FTE _ Weekly Total hrs. .... ............................ ....... Total FTE Annual Total 0 of Weeks ........ .0:00 .. .4.00 .10.00 w..,. ..... .. -3.00 3.00 3.00 3.00 2,00 2.00 0.00 Total hrs. 0.00 •............................................................._......,....................................._....._. 160.00 400.00 120.00 120.00 .................................... 120.00 120.00 .... 120.00 120.00 0,00 Total FTE 0.00 D.09 0,23 0.07 0,07 0.07 0.07 0.07 0-07 0.00 Annual rm$0,00,$9,166.40 Total Dollar Amt $21,620.00 $t3,874.80 $6,486.00 $6.874-80 $6,488.00 $6,874-80 $6,874M Si ature Daily Total FTEs = Total daily hours divided by 7.5. Weekly hours = sum of total daily hours. Weekly FTEs = Total weekly hours divided by 37.5 Annual hours = Total # of weeks times total weeky hours. Annual FTEs = Annual hours divided by 1744 Dollar amount = annual hours times hourly rate for below services: INSP: Inspector (Hourly rate - $54.06) PE; Plans Examiner (Hourly rate - $57.29) SO: Building Official (Hourly rate - $69.69) Clerical Staff (Hourly rate - $28 38) FTE - Full time equivalency Pr n d Name