HomeMy WebLinkAboutCity of Tamarac Resolution R-2016-085Temp Reso #12826
July 29, 2016
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2016-0--:3
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
SEVENTY EIGHT DOLLARS AND FORTY CENTS ($78.40)
PER HOUR FOR THE CODE ENFORCEMENT OFFICER
AND THIRTY NINE DOLLARS AND TWENTY CENTS
($39.20) PER HOUR FOR CLERICAL SUPPORT, WITH A
MAXIMUM CASE COST OF FIVE HUNDRED DOLLARS
($500.00) UNLESS WRITTEN AUTHORIZATION FROM THE
CITY HAS BEEN RECEIVED; PER NOTICED CASE, FOR A
FIVE YEAR PERIOD THROUGH SEPTEMBER 30, 2021;
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 Chief Building Official, only the Unsafe
Structures Board has the authority to affirm the decision of the Chief Building Official to
have the building repaired or demolished; and
Temp Reso #12826
July 29, 2016
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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-2011-73, which is due to expire on September 30,
2016; and
WHEREAS, Broward County has offered a new agreement at the same rate of
seventy eight dollars and forty cents ($78.40) per hour for the code enforcement officer
and thirty nine dollars an twenty cents ($39.20) per hour for clerical support, with a
maximum case cost of five hundred dollars ($500.00) unless written authorization from
the city has been received; per noticed case, for a five year period through September
30, 2021. All costs shall be properly documented and such documentation provided to
the City with the monthly invoices, attached hereto as Exhibit 1; and
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
Temp Reso #12826
July 29, 2016
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WHEREAS, available funds exist in the Building Department revenue budget for
said purpose, and where all funds expended are recoverable as provided in Section
116.11 of the Broward County Administrative Code to the 5th Edition (2014) Florida
Building Code, attached hereto as Exhibit 2; and
WHEREAS, the Chief 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.
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 upon adoption hereof. All Exhibits attached hereto are incorporated herein
and made a specific part hereof.
Temp Reso #12826
July 29, 2016
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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 seventy eight dollars and forty cents ($78.40) per hour for the code
enforcement officer and thirty nine dollars and twenty cents ($39.20) per hour for clerical
support, with a maximum case cost of five hundred dollars ($500.00) unless written
authorization from the city has been received, per noticed case, for a five year period
through September 30, 2021. All costs shall be properly documented and such
documentation provided to the City with the monthly invoices.
SECTION 3: Funding is available for these services in the building fund
Protective Services; Repair and Maintenance Services Account.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 5: 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 #12826
July 29, 2016
Page 5
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this o-� day of , 2016.
1. &h(
HARRY DRESSLER, MAYOR
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BUSHN LL cam.
DIST 2: COMM. GOMEZ
DIST 3: V/M GLASSER
DIST 4: COMM. PLACKO �---�
ATTEST:
PATRICIA TEUFE CMC
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as to form.
SA EL S-dOR-ENJ
City Attorney
Return recorded document to:
Lenny Vialpando, Director
Environmental Licensing and Building Permitting
Division
1 North University Drive, Bldg B, #302
Plantation, FL 33324
Document prepared by:
Maite Azcoitia, Deputy County Attorney
Broward County Attorney's Office
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, FL 33301
Temp Reso #12826
Exhibit #1
INTERLOCAL AGREEMENT FOR REPRESENTATION AT
HEARINGS BY THE BROWARD COUNTY
MINIMUM HOUSING/UNSAFE STRUCTURES BOARD
TO BE PROVIDED BY THE BROWARD COUNTY ENVIRONMENTAL LICENSING
AND BUILDING PERMITTING DIVISION OF THE
ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT
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 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. , authorizes 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
Ordinances and Section 116 of the Florida Building Code
dispose of cases brought by the Building Official; and
{00146495 2 2704-050L640}
the Broward County Code of
has the authority to hear 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:
ARTICLE 1 - SCOPE OF SERVICES
1.1. 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.
1.2. Once the CITY Building Official determines that a violation exists, COUNTY shall
be responsible for:
(a) filing a case with the Board; and
(b) noticing and conducting the hearings in accordance with laws, rules, and
regulations governing hearings before the Board.
1.3. COUNTY shall perform the above -described functions through the Board or any
successor entity.
1.4. CITY shall be responsible for implementing the Orders and directives of the
Board to cause the violation(s) to be corrected.
ARTICLE 2 - 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.
ARTICLE 3 - COMPENSATION
3.1. COUNTY shall provide services set forth above at the rate of Seventy-eight and
40/100 Dollars ($78.40) per hour for the Code Enforcement Officer and Thirty-nine and
20/100 Dollars ($39.20) 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 Five Hundred and 00/100 ($500.00) without written
authorization from the CITY. All costs shall be properly documented and such
documentation provided to the CITY with the monthly invoices.
{00146495.2 2704-0501640} 2
3.2. 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.
3.3. Fines and liens recorded against property shall run in favor of the CITY.
3.4 The amounts set forth above shall be adjusted annually by the COUNTY by an
amount not to exceed five percent (5%) to address increases in operating and labor
costs. Notwithstanding the foregoing, COUNTY may also adjust the amounts set forth
above by amounts exceeding five percent (5%) in order to address natural disasters
and other unforeseen events and circumstances. No later than May 1st of each year,
COUNTY shall provide CITY with notice of anticipated increases, if any. Any increases
shall take effect on October 1 st, following the May 1 st notification.
3.5. CITY shall be responsible for the actual costs of the services delineated in 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).
ARTICLE 4 - TERM OF AGREEMENT
4.1. This Agreement shall commence on October 1, 2016, and shall continue in full
force and effect until midnight September 30, 2021.
4.2. This Agreement shall continue in full force and effect unless written notice of
termination by COUNTY or CITY is provided pursuant to Article 8, Notices. Unless
terminated as provided in Article 6, Termination, this Agreement may be renewed for
successive five (5) year periods upon request of CITY and upon acceptance by
COUNTY.
ARTICLE 5 — GOVERNMENTAL IMMUNITY
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 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.
{001464952 2704-0501640) 3
ARTICLE 7 - TERMINATION
This Agreement may be terminated by either party upon thirty (30) days notice to the
other party of such termination pursuant to Article 8, 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.
ARTICLE 8 — 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 Environmental Licensing and Building Permitting
Division
1 North University Drive
Building B, Box 302
Plantation, Florida 33324
With copy to:
County Administrator
115 South Andrews Avenue, Suite 409
Fort Lauderdale, FL 33301
TO CITY:
Michael C. Cernech, City Manager
City of Tamarac
7525 NW 88 Avenue
Tamarac, FL 33321-2401
With copy to:
Pat Teufel, City Clerk
City of Tamarac
7525 NW 88 Avenue
Tamarac, FL 33321-2401
(001464952 2704-0501640} 4
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 Article 4.1 or
adding or deleting services to the Scope of Services under Article 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.
{001464952 2704-0501640) 5
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.
9.10 PUBLIC RECORDS: County and City are public agencies subject to
Chapter 119, Florida Statutes. Section 119.0701, Florida Statutes, and the text therein,
is hereby incorporated in this Agreement as set forth in full herein. City will be primarily
responsible for responding to any public records requests regarding the performance of
this Agreement, and County will cooperate in providing any relevant public records to
City to enable it to respond to the public records request.
ANY QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, REGARDING PUBLIC RECORDS OR THE DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT
SHOULD BE DIRECTED TO THE CITY'S CUSTODIAN OF PUBLIC
RECORDS AT:
CITY CLERK
7525 NW 88TH AVENUE, ROOM 101
TAMARAC, FL 33321
(954) 597-3505
C I TYC L E R K@TAMARAC . O RG
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
(001464952 2704-05016401 6
IN WITNESS WHEREOF, the parties hereto have made and executed this
Interlocal Agreement Between COUNTY AND CITY for selected services to be
performed by the Broward County Environmental Licensing and Building Permitting
Division of the Environmental Protection and Growth Management Department on the
respective dates under each signature: BROWARD COUNTY, signing by and through
its County Administrator or designee, authorized to execute same by Board action on
the 14th day of December, 2010, and the CITY, signing by and through its
duly authorized to execute same by Commission action on
the ?Y/ day of r- - , 20 .
COUNTY
WITNESSES
Signatu
MARiY.ANNE DARBY
Print/Type Name
BROWARD COUNTY, through its
County Administrator or desi nee
By
13 41
dayof ,Pk,49h 20/&.
Approved as to form by
Office of the County Attorney
for Broward County, Florida
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
I'-
Assistant County Attorney
Maite Anoltia
{001464952 2704-0501640) 7
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF
TAMARAC FOR HEARINGS BY THE BROWARD COUNTY MINIMUM
HOUSING/UNSAFE STRUCTURES BOARD
Attest:
CITY Clerk
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R ® Go \ `
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{001464952 2704-0501640} 8
CITY OF TAMARAC
By
_ I A",(�
ayor-Commissioner
day of , 20 16
CITY Manager
APPROVED AS TO FORM:
By 1,1 Inc,., pI -Lf b
C TY t rney