HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-168Temp Reso #10774
August 11, 2005
08/30/05 Rev #1
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2005-1(,2
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN BROWARD COUNTY AND THE
CITY OF TAMARAC PROVIDING FOR HEARINGS BY THE
BROWARD COUNTY MINIMUM HOUSING/UNSAFE
STRUCTURES BOARD AT A RATE OF FIFTY-FOUR
DOLLARS AND FIVE CENTS ($54.05) PER HOUR FOR THE
CODE ENFORCEMENT OFFICER AND TWENTY EIGHT
DOLLARS AND THIRTY-EIGHT CENTS ($28.38) PER HOUR
FOR CLERICAL SUPPORT, INCLUDING ANNUAL INCREASE
OF 5% EFFECTIVE OCTOBER 1, 2006 AND OVERTIME
UPON APPROVAL BY THE CITY AT 1-1/2 TIMES THE
HOURLY RATE, WITH A MAXIMUM CASE COST OF THREE
HUNDRED DOLLARS ($300.00) PER NOTICED CASE;
UNLESS WRITTEN AUTHORIZATION FROM THE CITY HAS
BEEN RECEIVED, FOR A PERIOD THROUGH SEPTEMBER
30, 2007; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Tamarac is desirous to maintain the quality of life for the
citizens of Tamarac and unsightly partially destroyed buildings is a detriment to this goal;
and
WHEREAS, in the event a property owner does not repair or demolish his
building within a specified time given by the Building Official, only the Unsafe Structures
Board has the authority to affirm the decision of the Building Official to have the building
repaired or demolished; and
Temp Reso #10774
August 11, 2005
08/30/05 Rev #1
Page 2
WHEREAS, Broward County offers this service at a nominal fee to all Broward
County municipalities and said fees are recoverable when appropriate liens and
foreclosure of the property takes place; and
WHEREAS, the City previously entered into an agreement with Broward County
for this service by Resolution No. R-2003-137, which is due to expire on September 30,
2005; and
WHEREAS, Broward County has offered a new agreement revising the cost from
$150.00 per case plus associated costs to a hourly rate of fifty-four dollars and five cents
($54.05) per hour for the code enforcement officer and twenty eight dollars and thirty-eight
cents ($28.38) per hour for clerical support, including annual increase of 5% effective
October 1, 2006 and overtime upon approval by the city at 1-1/2 times the hourly rate, with
a maximum case cost of three hundred dollars ($300.00) per noticed case; unless written
authorization from the city has been received, for a period through September 30, 2007.
All costs shall be properly documented and such documentation provided to the City with
the monthly invoices; and
J
Temp Reso #10774
August 11, 2005
08/30/05 Rev #1
Page 3
WHEREAS, representatives of Broward County and the City of Tamarac have
negotiated means and method to accomplish the objectives of providing Hearings by
the Broward County Minimum Housing/Unsafe Structures Board by execution of this
Interlocal Agreement, which, by its terms, shall provide for certain monetary payments
from the City of Tamarac to the County; and
WHEREAS, available funds exist in the General Fund budget for said purpose,
and where all funds expended are recoverable as provided in Florida Building Code,
Section 111.11, attached hereto as Exhibit 2; and
WHEREAS, the Building Official recommends that the City enter into the
Interlocal Agreement with Broward County providing for Hearings by the Broward
County Minimum Housing/Unsafe Structures Board, attached hereto as Exhibit 1; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to authorize the
appropriate City officials to execute an Interlocal Agreement with the County regarding the
provision of Hearings by the Broward County Minimum Housing/Unsafe Structures Board
for real property located in the City of Tamarac.
1
Temp Reso #10774
August 11, 2005
08/30/05 Rev #1
Page 4
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: 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 authorized to execute the attached
Interlocal Agreement between the City of Tamarac and Broward County for the provision of
Hearings by the Broward County Minimum Housing/Unsafe Structures Board for real
property located in the City of Tamarac (attached hereto as "Exhibit 1 ") at a rate of fifty-four
dollars and five cents ($54.05) per hour for the code enforcement officer and twenty eight
dollars and thirty-eight cents ($28.38) per hour for clerical support, including annual
increase of 5% effective October 1, 2006 and overtime upon approval by the City at 1-1 /2
times the hourly rate, with a maximum case cost of three hundred dollars ($300.00) per
noticed case; unless written authorization from the city has been received, for a period
through September 30, 2007. All costs shall be properly documented and such
documentation provided to the City with the monthly invoices.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Temp Reso #10774
August 11, 2005
08/30/05 Rev #1
Page 5
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 Igff ay of 5cp ernbcK, 2005.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
4SAkEL S. GOREN
INTERIM CITY ATTORNEY
J, SCHREIBER
Mayor
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER PKle
DIST 1: COMM. PORTNER Alp
DIST 2: V/M TALABISCO — Ali P
DIST 3: COMM. SULTANO F ^ _
DIST 4: COMM. ROBERTS
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
INTERLOCAL AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
FOR
Temp. Reso. #10774
Exhibit #1
HEARINGS BY THE BROWARD COUNTY
MINIMUM HOUSING/UNSAFE STRUCTURES BOARD
This 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 /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 a Minimum Housing/Unsafe Structures Board
("Board") that hears and disposes of cases brought by Building Officials in accordance with
the Florida Building Code; and
WHEREAS, the Board, pursuant to Chapter 5 of the Broward County Code of
Ordinances is authorized to hear and dispose of cases brought by the Building Official; and
WHEREAS, CITY, pursuant to Resolution No. R-2005- q,,b authorized the
use of the Board to hear and dispose of cases brought by the CITY Building Official; and
WHEREAS, COUNTY, pursuant to Chapter 5 of the Broward County Code of
Ordinances and Section 111 of the Florida Building Code has the authority to hear and
dispose of cases brought by the Building Official; and
WHEREAS, COUNTY, through said Board is willing to perform such services on the
terms and conditions hereinafter set forth; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and
payments hereinafter set forth, COUNTY and CITY agree as follows:
The recitals above are true and correct and are incorporated herein.
2. SCOPE OF SERVICES:
2.1. COUNTY agrees to make the Board available to hear and dispose of cases
brought by the CITY Building Official for violations of the Florida Building
Code.
2.2. Once the CITY Building Official determines that a violation exists, COUNTY
shall be responsible for:
(a) filing a case with the Board;
(b) noticing and conducting the hearings in accordance with laws, rules,
and regulations governing hearings before the Board; and
(c) implementing the orders and directives of the Board to cause the
violations(s) to be corrected.
2.3. COUNTY shall perform the above -described functions through the Board or
any successor entity.
3. FUNCTIONS AND DUTIES NOT TRANSFERRED TO COUNTY:
It is specifically understood and agreed that all rights and powers as may be vested
in CITY pursuant to Chapter 166, Florida Statutes, or any other law or ordinance or
Charter provision of CITY not specifically addressed by this Agreement shall be
retained by CITY. CITY shall retain responsibility for filing and/or defending any
appeals to orders of the Board.
4. COMPENSATION:
4.1. COUNTY shall provide services set forth above at the rate of Fifty Four and
05/100 Dollars ($54.05) per hour for the Code Enforcement Officer and
Twenty Eight and 38/100 Dollars ($28.38) per hour for clerical support.
Included in said costs are charges for mailings, publication, photos, posting
of property and other ancillary costs. 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 30 minutes. The County shall not exceed a total
cost, per case, of Three Hundred and .00/100 ($300.00) without written
authorization from the CITY. All costs shall be properly documented and
such documentation provided to the CITY with the monthly invoices.
4.2. , CITY shall reimburse COUNTY for the actual costs of the services delineated
in Section 2 of this Agreement in implementing the orders and directives of
the Board to cause the violations(s) to be corrected. Such costs shall
include, but not be limited to, boarding up property and demolition necessary
to remove the violation(s). Such costs shall be properly documented and
such documentation provided to CITY with the monthly invoices described in
Section 4.3 hereof.
4.3. COUNTY shall invoice CITY on a monthly basis for actual services provided
during the preceding month. CITY shall reimburse COUNTY within thirty (30)
days of the date of the invoice.
4.4. Fines and liens recorded against property shall run in favor of the CITY.
4.5 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 1st.
5. TERM OF AGREEMENT:
5.1. 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,
5.2. This Agreement shall continue in full force and effect unless written notice of
termination by the COUNTY or CITY is provided pursuant to Section 9,
Notices. Unless terminated as provided in Section 8, Termination, this
Agreement may be renewed for successive two (2) year periods upon
request of CITY and upon acceptance by COUNTY.
6. INDEMNIFICATION:
CITY is a state agency as defined in Section 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 and employees to the extent permitted by law.
Nothing herein is intended to serve as a waiver of sovereign immunity by either
party to which sovereign immunity may be applicable. Nothing herein shall be
construed as consent by a state agency or political subdivision to be by third parties
in any matter arising out of this Agreement or any other contract.
7. INSURANCE:
COUNTY is self insured pursuant to the provisions of Section 768.28, Florida
Statutes.
8. TERMINATION:
This Agreement may be terminated by either party upon thirty (30) days notice to
the other party of such termination pursuant to Section 9, Notices, herein. Within
sixty (60) days of termination of this Agreement, COUNTY shall forward to CITY all
documentation related to cases previously heard or being prepared to be heard by
the Unsafe Structures Board.
9. NOTICES:
Any and all notice required or given under this Agreement shall be in writing and
may be delivered in person or by placing in United States mail, postage prepared,
first class and certified, return receipt requested, addressed as follows:
TO COUNTY
Director, Broward County Building Code Services Division
955 South Federal Highway
Fort Lauderdale, FL 33316
With copy to:
County Administrator
115 South Andrews Avenue, Suite 409
Fort Lauderdale, FL 33301
TO CITY:
Office of the City Manager
7525 NW 88th Avenue
Tamarac, FL 33321
10. MISCELLANEOUS PROVISIONS:
WITH COPY TO:
City Attorney
7525 NW 881h Avenue
Tamarac, FL 33321
10.1. Assignment: COUNTY shall perform the services provided for in this
Agreement exclusively and solely for CITY which is a party to this
Agreement. CITY shall not have the right to assign this Agreement.
10.2. 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.
10.3. Severability: The invalidity of any provision of this Agreement shall in no way
affect the validity of any other provision.
10.4. Entire Agreement: It is understood and agreed that this Agreement
incorporated 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 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.
10.5. Modifications: 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.
10.6. 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.
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 through its BOARD OF COUNTY COMMISSIONERS,
signing by and thro h its Mayor o Vice Mayor, ipthorized to execute same by Board
action on the day of ,20L��date) and the
CITY/TOWN, signing by and through i s a , authorized to execute
same by Commission action on the_L�l day of sE-y-r ,20os (date).
ATTEST:
Administrator and Ex-
fficio Clerk of the Board of.
County Commissions oward
�j r74`
County, Floridd, t .
COUNTY
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
Approved as to form
Office of County Attorney
Broward County, Florida
Jeffrey J. Newton, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
B Va,-,D "ll-do-C
pA County Attorney
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC
FOR HEARINGS BY THE BROWARD COUNTY MINIMUM HOUSING/UNSAFE
STRUCTURES BOARD
Attest:
e.
CITY Clerk
GPI 1
-7-
CITY OF TAMARAC
Bye
Mayor -Commissioner
day of SC4 i cP, 2012.5 (date)
By
Manager
day of , SZoC►�'(date
APPROVED AS TO FORM:
r �
BL.ky �.
CITY Attorney
2" 495, Page 1 of 12, R900rded 01/25/2006 l-At
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Temp. Reso. #10774
Exhibit #1
INTERLOCAL AGREEMENT
ketween
BR01INARD COUNTY
and
�' lTy OF TAMARAC
FOR
HEAR�NGS BYTHE BROWARD COUNTY
H,)U- lNGfUlJSAFE STRUCTURES BOARD
-,'NsP,.greernam, made ard entered into loyand between: BROWARD COUNTY, a
Ohtic��,l Subdivisior Of the sts�,te of FlorAq. hereinafter referred to as "COUNTY,"
AND
iT." 21 F TAIVIARAC, a mut flcipal corporation existing under the laws of the
to a,,; "CITY,"
VvHH:7�1,EAS, thig aoat!rnam is er4ered 'Into pursuant to Section 163.01, Florida
1;k� I c-Ir'n-m as the"Flor,da k1tedocal Cooperation Act of 1969;" and
V,'HEREX`_�, COUN-TY maintains a Minimum HousinglUnsafe Structures Board
hears: and dispo,,c�es of cases brought by BuilaingZfficials in accordance with
`,�e PcrdzF.'DAJ1dirq Code: ard
i,pproved BCC
Eubmitted By _6-�AkWNI�ZVLRI
11-t— i�ll 2-1)
RETURN TO DOCUMENT CONTROL
Iql-1—
�41 dl �' , - s
D- - -11 1 -3 4 - 5 , Pagt� 2 of 12
the B08H, purswarit. to Chapter 6 of the Broward Countf Gode of
�S ELI 'horized to hear and dispose of cases brought by the Building Official; and
VA-1,EREAS, C17Y, pursjarit to qesolution No. R-2005- i6ib authorized the
J,,3,5; Gf tna Boa�,d to hear and dispose of cases brought by the CITY Building official; and
1,NTHEREAS, COUNTY, fursuant to Chapter 5 of the Broward County Code of
rf.nanci� spc.tiv)r. 111 of the FlorJa Building Code has the authority to hear and
by,,ha Building Official; and
::Cijkj1'YAh,ough sald Board iswilling to perform such servkes onthe
—.rrns 311C ccr)�Ajoris herainafter set forth; NOW, THEREFORE,
�"DNSK)F-"RATION of the mutual terms, conditions, promises, covenants and
payrrients oereinafl,�--r se.'fofln, COUNTY and CITY agree as follows:
T'�e -.tcifals abrive are true and correct and are incorporated h9rein,
a', �s"I;.wl("Es
21. 1 F?' ager-s to maka t.ie Board available to hear and dispose of cases
�,,roucht by !he CYi-Y BLIildmg Off.cial for violations of the Florida Building
2 Once 7ne UTY &ildllng CWiciai determines that a violation exists, cl:)UNT'Y'
responsible for:
livith the
Fil vig -; Board;
-To'kinc—Anc, aonduaJng the he3rings in accordance with laws, rules,
3?)-J regUlations govarning hearings before the Board; and
�rnplemeitirjg the o:'ders and directives of the Board to cause the,
violsfionp*,� to be corrected.
2-3- --',0UN'TY shalk �-ierform lt--ie above -described functions throughthe Board or
-An�� su:x,'essot aw'tj.
'.' ICNS ND DL E-
lP 2§-,-N_0TTRANSFERRED TQ
_g�OUNT�L
I-,pec,ftaly unclers!ood and q reed t�at all rights and powers as may be ve.,ated
jrl CJ`f'pLrsuarr� to Chapmr 166, �:71ohda Stawtes, or any other law or ordinance or
C�-,jlatrter provision of C17Y not specifically addressed by this Agreemert shall be
rakainad ov �3'11-Y.
,!"' � shall retain tesponsibility for filing and/or defelding any
to ordlers of the Board
I
5 4 4 1, 3 P '�! 497, Pag(.� 3 of 12
"�N, -JON.
SA',
'01J� �'T)' sha�; orovide services set forth above at the rate of Fifty Four and
05j,iGo Dollart ($5,11.051, per hour for the Code Enforcement Officer and
7v,;ert� Fight an� 38/10C, Dollars ($28.38) per hour for clerical support.
�nckided in saia coits are charges for mailings, publication, photo$, posting
(31 prnp,aty ard 3thar anciftry costs. Cvertirne, when approved by the CITY,
snsi� be at one -,ind ane nall- the normal hourly rate. All hourly charges shall
of 30 minutes. The County shall not exceed a total
per of Three Hundred aid 00/100 ($300.00) without written
fr�.,jrr the CITY. All costs shall be properly documented and
oci-nert-ati-ri provided to the CITY with the monthly invoices.
C' `Y's,ialf re�m nurse COU11TY for the actual costs of the services delineated
r, �iz�,Jlon 2 (,,f VliG Agreement in implementing the orders and directives of
"he E
k3ard tc �-aute the /,olations(s) to be corrected. Such costs shall
bz�.iotr)e limiled tri, boarding up property and demolition necessary
-,). Such cos-.s shall be properly documented and
'o the 1,ioladon(�
3:�tfl' -) '.' ')Gu!'-1eT.t.atir.rj proeid-A to CITY with the monthly invoices described in
8ectis-ri 4-1 �.,E�mof-
-4.1- -'ouNry shali,nvoice 0TY or a monthly basis for actual services provided
IL
., 1ring "he ' precadingi-norith. CM17 shall reimburse COUNTY within thirty (30)
days �)' t�e date of the invoice.
4". 4 � �r;re's' nild, liens recordec agairist property shall run in favor of the CITY,
T"-�-�' a �nru I, I SO fo ith ah o%, e sha I I be �adj usted a n n u ally by the C0 U NTY by
')�-'rcxsn- to add-ev; increases in operating and labor coas.
,nc,!�ases shall take effecton October 1 st,
TERM OFAGREEMENT:
1, TrJs Agreement "all be deemed to have commenced upon approval by the
COUNTIt CONMSSION, 3nd shall continue in full force anc; effect until
September 30, 2CO7.
F.2- contirme in"uIlfarce and effect unlesswritten notice of
�enm,inadon b� 1hp COLIN-rY or CMf is provided pursuant to Seotio�"l 9,
Notices, Jn�ess terminated as provided in Section 8, Termiration, this
.A,� .-ient maxf ben renewed for successive two (2) year periods upon
-,rep
-equer
it of CITY and upcn acceptance by COUNTY.
2 1 P'll, 49'3, V ace 4 of 12
-ION:
N t F I CA
11
71� isas,,�ateagericy as defined in Section 768.28, Florida Statutes, and COUNTY
pott'caisu.�*/�sion of the state of Florida. Each agrees to be fully responsible
f,',v acts aia omissions of their sge�its and employees to the extent permitted by law.
Nollnh,,, herein is ntended to serve as a waiver of sovereign immunity by either
Pany to ,rihk�h sovere-Gri immi-niry may be applicable. Nothing herein shall be
as ccrisent by sj state agency or political subdivision to be by third parties
a-V rna�.Ier arising o�jt of this Atreement or any other contract.
P SJ R /A MI
sel, imsufed pursuant to tne provisions of Section 768.23, Florida
.T-EPTA-INf%Il0'N:'
7his Aq,aem',-r� may �e terrilir.I.,ed by either party upon thirty (30) deiy*� notice to
I'le 3the,- I" a�t'j J SLI& to-'rnination pursjant to Section 9, Notices, herein. Within
s" X-�'y tl-R��s o'I" tern-t;:iation of th.3 Agreement, COUNTY shall forward to GITYall
rslatcic to cases previously heard or being prepared to be heard by
fie Jnsafe 8trL..ctureA Board.
N, ' 0-7 � ES,
I req -jired or qivc-n under this Agreement shall be in'writing and
in v--rsori or by olacing in United States mail, postage prepared,
C�as'3 at"i co-Iffiec' Ycl--turn rec,-,flpt requested, addressed as follows:
IV) COUNTY
Director, Broward County F'uildlinq Code Services Division
-355 Sr.wth Federal Rghway
:Z�I,-.,.I' Lauderdaw, PI- 33316
115 &-.�uth Andrews Avenue, Sufte 4C9
F0
, It LaUderdale, FL 33201
1. 72 6 '1 4 � :3 V Page, 5 of' 12
-T ,_� C', i ,, - r - WITH COPY TO!
OfTce- of the Cky Manacer City Attorney
7525 _`TiV &1'�, P.1jenue 7525 NW 88 1h Avenue
Tafnarac, FL 33S21 Tamarac, FL 33321
—PR(;,Vlal()NS:
ml micarrtuk,, �_`,OJINITY siall perform the services provided for in -this
ex,-Ius�ely and solely for CITY which is a party to this
Agreannent- CITY'shall not have the right to assign this Agreement.
0.2- V'4ver T!-ie WRiver by either paity of any failure on the part of the other
,pa�tv per -Form in accordance, with any of the terrns or conditions of this,
Agreement shail nct be ccnstrued as a waiver of any future or continuing
o- dissirrila, failure.
5,1.z-lvW",;�lq��1:1t_ -ITe nvalidityaf any provision of this Agreement shal, ir, no way
�afidiy cf any o1er provision.
'Dz�. E-nfire Acjreernent� It is understood and agreed that this Agreement
I ncc�porated and inriudes all prior negotiations, agreements or
undar,Aanair
1-1s, applicable to tne matters contained herein and the parties
ac,fe,�� �hat tiare are no ccrnmitment% agreements or understar4ings not
in t,jt,�docurnent Accordingly, it is agreed that no deviation from
'he t&nrns her��j,` sha.11 be predicated upon any prior representations or
other or -al or written.
Modifk�ativris, 't is firther agreed that no modifications, amendments ol
alt_�retio.ns in `,,he �-e.rms cr conditions contained herein shall be effeclive
k�messcontainrad �n a %yrillei document executed with the same ion-rality and
f e,
t.4 ciq iity he-ewith,
O.E, This Agreement has, been negotiated and drafted by 311 parlties
ar ri�,t be nnora strictly construed against any parl�f because of
�ci �,Karilfs, qvvl-pa,ation of this A�jreernent.
� r
�'5 4 13:- S' P 5C ), P age 5 of 12
:N WFEREOF, the parJes hereto have made and execuW this Intedocal
Aq,reemam tZ-�mfaen C(')UN—Yand CM'ITOWN for selected Services to be Plertiarrned by
Ine Browaro County Buildincj C (We Servioes Division on the respective dates under each
tignatufe: BROWARD COUNTY through Its BOARD OF COUNTY COMMISSIONERS,
'J,
qnMg by and htrougii its Mayor or Vice Mayor, authorized to execute sarne by Board
nciort rr the of- - %:kL 20�F(date) and the
C�TYA-,DWN, signMg by and Pirough its— AAe-145',& authorized to execute
f�apvie by Conimss�ort action on theq�L day of
�,20&5(date).
COUNI-Y
BROWARD COUNTY, through its
BOARD UNTY ESSIONERS
777
Z
B
4'C
610�' ti*'aoa'rrJ of
mayor
e-.-7
y,C�mnm�ssiomrs of v of 20 —21— Wate)
Approved as to form
�bfiioe of County Attorney
2"T Oroward County, Florida
Jeffrey J. Newton, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33,301
Te�ephone: (954) 357-7600
Toecopier: (954) 357-6968
By. '01-IL01-
,4�sr� County Attomey
CVA 4 13 -1, f I 5C 1. , r-ac!L. 7 of 12
1
BETWEEN BROWARD COUNTY AND CITY OF TAMARAC
3"" THEi �ROWAVD COUNTY MINIMUM HOUSINIG,fLJNSj%FE
Sll'iLlk:TUAES c ,RD
CITY
CITY OF TAMARAC
A It(-"S''
B
1�1 Mayor -Commissioner
day of jfQb:nnbc(, 20SL4� (date)
By
WY Manager
I it' day of fzej2jhmhe , &!&i(date�
I I
APPROVED AS TO FORM:
CITY Attorney
1"; 5C ?, Face 3 of 12
Temp Reso #10774
U-,'ZH-TB1T 2 August 11, 2005
08/30/05 Rev #1
Page 1
G-FY OF TAMARAC, FLORIDA
-1E90LU7I0'q NO. R-20m-"L9
I',1ES0LLTk'.)h1 OF Tit E,;11"'I'COMMISSION OF THE CITY
TAMARk,[1, �-'TLORIDA AUTHORiZING THE APPROPRIATE
01`1`-�GIALS TO EXECUTE AN INTERLOCAL
AG31REEMENT BETWEEN BROWARD COUNTY AND THE
CI-1-Y OFTAMARAC PROVIDING FOR HEARINGS BY THE
8RC'WARD C0UNT'f MINIMUM HOUSINGIUNSAFE
STRJCTURES 30ARD AT A RATE OF FIFTY-FOUR
DCLLARS AND CENTS ($54.05) PER HOUR FOR THE
CCLIE ENF0R:;—=1VEK1T )FFICER AND TWENTY EIGHT
,-�OLLXRS .4N,")'rHIRr(-E�GHT CrENTS ($28-38) PER HOUR
'--Q ' '41CLEMCAL SUPPORT, INCLUDING ANNUAL INCREASE
C,ff 3'% EFFECTIVE OCTOBER 1, 2006 AND OVERTIME
�PCiN APPR�7VAL BY THE CITY AT 1-1/2 TIMES THE
HOUIRLYRATE, WITH A MAXIMUM CASE COST OF THREE
HUNDRED D,01.��ARS 4300,00) PER NOTICED CASE;
UNLESS WRlT'r!-El`J AUTHORIZATION FROM THE CITY HAS
BE ---N RECF-�))ED, FOR A PERIOD THROUGH SEPTEMBER
S,^,, 2007; PRCAI�DING FOR CONFLICTS; PROVIDING FOR
SEVERASILITY; AND PROViOING 'zOR AN EFFECTIVE
LATI�-.
�VHE liEA:-
the Q!�� )f 1,�arnamc 3 desirvus to maintain the quality of life for the
t,K:�en5 of and unrp9hily parally destroyed buildings is a detriment to this goal;
w"i
in the evant a PrOfftlf Owner does not repair or demolish his
brle given by Ule Building official, only the Unsafe Strid-wes
Boavd has the 60�10d.Y to a)AIrr: the deci.ilon of the Building Official to have the building
denjo�jsha�j� and
57,,.�� -�4 113 11 �'! -3C 3, r- a a (.- -4 of 12
Temp RM #10774
August 11, 2005
08/30/05 Rev #1
Page 2
,NHr--REAS, 5,oward C';nunty offers �his senlice at a nominal fee to all Broward
municipalities and sad fees an- recoverable when appropriate liens and
prorer t_�J�eg pla0a and
V*IHPREAS, �hs CqY.orevlously antered Into an agreement with Broward County
'cr tnk, �isrdcs by R6SOtUt"Jr, NO. R-20-33-137, which Is due to expire on September 30,
RD36: and
w'MEREAS, Brcpw3�-,d Ca4rity hai offered a new agreement revising the -,ost from
P3G.03 pt�.- -F-se plus assmute I costs, to a hourty rate of fifty-four dollars and frVe cents
P� In, the rcde onforosment officer and twenty eight dollars and thirty-eight
�,3�j!t (1�23,3,13) pev �our fc.,r cerical support, including annual increase of 5% Effective
7008 anc, ove�fme upon iipproval by the city at I -1/2tImes the haurlyrgite,with
rnaRiri)�-r) ,,ass cost of t�rae hundred dollam ($300.00) per noticed case; unlese written
;,hn.-�zafion i'mrn city has beer! re,,eived, for s. period through September 30, 2007'�
All c�cs.t soa�i be propeiiy dot-imontfad 3nd such documentation provided to the Cily with
'�t.NV invc�ckqs, ard
N
4
P-', 5CA" Page 10 of 12
Temp Rasa #10774,
August 11, 2005
08/30/05 Rev #1
Page 3
W�.EREAS, 'OPMSeAtntives of B�oward County and the City of Tamarac have
neco,iatco means and met;iod to awomplish the objectives of providing Hearings by
Minlrn�rl dousivg4Jnsafs Stru�-.turea Board by execution of thie
�rlte,-Jcna� A
q.,ee�nenk, whic�L, by its terms, shall provide for certain monetary payments
City 6f Tamarac to the County; and
avallabli funds euist in the General Fund budget for $aid purptm�,
mperxie:l are reccvsrable as provided in Florida Building Code,
�j 'I" viltached n,�!reto as ExN:)ft 2; and
".1-tHE'REAS, the 130din� 0-fricial r3comrrkands that the City enter into the
Aq- 7 a -nant with S,Xjtvard Cour ty providing fiDr Headngs by the Broward
,',Mnjr,
; , c,!,rn HousingyUntafe StructireE Board, attached hereto as Exhibit 1; aid
WHEREAS, ft,.e Div Cornmiss'on of the City of Tamarac, Florida deems it to be in
,,he Devi interes', nf the citizens and residents of the City of Tamarac to authorize the
City GfIcials to execVtoar, trilarlosalAgreemerMwith the County regardi.ig the
'��4TipgG byt.ja Srcword,�,ounty Minimu-n Housing/Unsafe Structures Saard
',�cr roni vroperty �=ated in tit) G,,ty of Tamarac.
-E':
- - .1 �t 1, -1 .7) 72664Z , OR BX 4 1,339, P:; 5G-5, Pag(� 11 of 12
Temp Reso #10774
Augustil.2005
08130/05 Rev #1
Page 4
NOW. THEREFORE, F,,F- rr RESOLVED SY THE CITY CommIsSION OF THE:
CITY' OFTAMARAC, FLOMD.k
�LiQ-T-;ON 1: The foregoing VIHEREAS"clausos are hereby ratified and cniffirmed
as bc`pq irue and correct aid are hereby made a specific part of this Resolution.
��EQ ',W11L2-. The apvopriate Ctv Officials are autht)dzed to execute the attached
ntancr;al Agreement between the C�y O�Tamarac and Broward County forthe proVsion of
HearinC�- by the 3rm- lard. County Mirrnum Housing/Unsafe Structures Board for re&
p-m.perN Iccated ;n the City Y'Tamarac (attached hereto as "Exhibit 1") at a rate of fifty-four
doqars an�� Fwe cents �'
$54-,M� per hour,,"or the code onfbruement officer and twenty eight
0 '1'
C; , �T, L� d ihirw st IN ce.As ($23.38) per hour for clerical support, including annual
il,-Plase 0" 5% effec-tive Oc�obar 1. 2006 and overtime upon approval by the City at 1-1 /2
ti�-res tne hoi-ly rate, with. a maximum case cost of three hundred dollars ($300M) per
�2.nlss, writtpn FLOhorization from the city has been received, for a period
V-r,-.,u9n Sz�pternber 30, 2MI, All costs shall be properly documented and such
,�orumant,-�tlon pFu�,,Msrl to the City with the monthly invoices.
SECTION & All resolutions or parts of resolutions in conflict herewith are hereby
opealPo h� the e4ent of such imnflict,
)'d _r 1 67 5642, 3-C 4',339 P., 5C5, Face 12 of 12
Temp Reso #10774
August11,2005
08/30/05 Rev #1
Page 5
SCQ71)h1 A; if any -.la, �90, section, other part or application of this Resolution is
heed 't;'' 3,�' CtrUT Of W rpeie:7t jurisdiction to be unconstitutional or invalid, in I,airt or
alpplicativd•;, Pz hail r,ct 3ffe; t the validity of the remaining portions or applications off this
ResobUon.
Fw�.;""BCIV r r5: T ris Resolution sha:I became effective immediately upon its passage
I
DAS!�=, A 00FrED AND APPROVED this I144ZIay of & ftmbee, 2005.
JQE SCHREIBER
Mayor
RECORD OF COMMISSION VOTE:
NLARON SWENSON, Clv1,C MA.'YO.R SCHREIBERAye
CITY CLERK DIST 1. COMM. PORTNER�e,
DIST P: VIM TALABISCO
DIST c: COMM. SULTANO� _
DIST,'..: COMM. ROBERTS
l E'REB f CEIRTI:-Y that
I; lrawr3 ppy uv&c thjis
RIL-SO UMON as to torm.
Sit UFt, S. GOREN
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