The URL can be used to link to this page

Home My WebLink AboutCity of Tamarac Resolution R-2016-087Temp Reso #12825 July 29, 206 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2016-1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE INTERLOCAL AGREEMENT FOR EMERGENCY/NON GUARANTEED SUPPLEMENTAL SUPPORT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC FOR INSPECTION AND PLAN REVIEW SERVICES TO BE PERFORMED BY THE BROWARD COUNTY BUILDING CODE SERVICES DIVISION IN THE EVENT THERE IS A STAFF SHORTAGE AT RATE OF SEVENTY EIGHT DOLLARS AND FORTY CENTS ($78.40) PER HOUR FOR A BUILDING CODE INSPECTOR, EIGHTY NINE DOLLARS AND THIRTY CENTS ($89.30) PER HOUR FOR A PLANS EXAMINER, NINETY DOLLARS AND TWENTY CENTS ($90.20) FOR A CHIEF BUILDING CODE INSPECTOR, NINETY NINE DOLLARS AND EIGHTY CENTS ($99.80) PER HOUR FOR BUILDING OFFICIAL SERVICES. OVERTIME, WHEN APPROVED BY THE CITY, SHALL BE AT ONE AND ONE HALF THE NORMAL HOURLY RATE, INCLUDING ANNUAL INCREASE OF 5%, FOR A FIVE YEAR PERIOD COMMENCING OCTOBER 1, 2016; PROVIDING FOR CONFLICTS; PROVIDING SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac desires to maintain a high level of inspection service; and WHEREAS, in the event of a prolonged absence of qualified inspection and plan review personnel the City would be unable to provide these services to the construction industry; and Temp Reso #12825 July 29, 206 Page 2 WHEREAS, Broward County has agreed to provide these services on an as needed basis in accordance with the fees as provided in the interlocal agreement attached hereto as Exhibit 1; and WHEREAS, the City previously entered into an agreement with Broward County for this service by Resolution No. R-2011-72, which expires on September 30, 2016; 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 Building Department Revenue budget for said purpose; and WHEREAS, the Chief 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 Environmental Licensing and Building Permitting Division, Department of Environmental Protection and Growth Management; and Temp Reso #12825 July 29, 206 Page 3 WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to execute the Interlocal Agreement for inspection, plan review, Building Official and related services to be performed by the Broward County Environmental Licensing and Building Permitting Division, Department of Environmental Protection and Growth Management. 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 upon adoption hereof. All Exhibits attached hereto are incorporated herein and made a specific part hereof. 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 Environmental Licensing and Building Permitting Division, Department of Environmental Protection and Growth Management (attached hereto as Exhibit 1), at a rate of seventy eight dollars dollars and forty cents ($78.40) per hour for a building code inspector, eighty nine dollars and thirty cents ($89.30) per hour for a plans examiner, ninety dollars and twenty cents ($90.20) for a chief building Temp Reso #12825 July 29, 206 Page 4 code inspector, ninety nine dollars and eighty cents ($99.80) per hour for building official services. Overtime, when approved by the city, shall be at one and one half the normal hourly rate, including annual increase of 5%, for a five year period commencing October 1, 2016; SECTION 3: Funding is available for these inspection and plan review services in the building fund Protective Inspections; Professional 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. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. Temp Reso #12825 July 29, 206 Page 5 PASSED, ADOPTED AND APPROVED this aI day of , 2016. HAR Y DRtSSLER, MAYOR ATTEST: PATRICIA 1 CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. vowd, Anv, I SAMIMEL rG R N City Attorney 1 RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM. BUSH LL�-- DIST 2: COMM. GOMEZ DIST 3: V/M GLASSER DIST 4: COMM. PLACKO 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#12825 Exhibit #1 INTERLOCAL AGREEMENT FOR EMERGENCY/NON GUARANTEED SUPPLEMENTAL SUPPORT BUILDING CODE SERVICES TO BE PERFORMED BY THE BROWARD COUNTY ENVIRONMENTAL LICENSING AND BUILDING PERMITTING DIVISION OF THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT This is an Interlocal Agreement, made and entered into by and between: BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY," AND CITY OF TAMARAC, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as "CITY." WHEREAS, this Agreement is entered into pursuant to Section 163.01, Florida Statutes, as amended, also known as the "Florida Interlocal Cooperation Act of 1969"; and WHEREAS, the COUNTY maintains an Environmental Protection and Growth Management Department which includes an Environmental Licensing and Building Permitting Division ("ELBPD") 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, the COUNTY, through ELBPD, 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, the COUNTY and the CITY agree as follows: (00146496.22704-0501640) 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 ELBPD, or any successor division as may be designated by the County Administrator. 1.3 CITY issues permits and retains fees. COUNTY charges hourly rates for providing Emergency Supplemental Staffing for the year to CITY. Requested staffing levels are not guaranteed. ELBPD 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 THE COUNTY 2.1 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. 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 functions, a separate agreement shall be required between CITY and COUNTY. ARTICLE 3 - COMPENSATION 3.1 The COUNTY shall provide Services set forth above at the rate of Seventy-eight and 401100 Dollars ($78.40) per hour for a Building Code Inspector, Eighty-nine and 301100 Dollars ($89.30) per hour for a Plans Examiner, Ninety and 20/100 Dollars ($90.20) per hour for a Chief Building Code Inspector, and Ninety-nine and 80/100 Dollars ($99.80) per hour for Building Official Services. Overtime, when pre -approved in writing by the CITY, shall be at one and one half (1 %) times 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 CITY with the monthly invoices. COUNTY shall invoice CITY on a monthly basis for the services requested by CITY for the preceding month. CITY shall reimburse COUNTY J00146496.2 2704-0501640} 2 within thirty (30) days of the date of the invoice. Any sums paid to COUNTY are non- refundable to CITY. 3.3 The amounts set forth above shall be adjusted annually by COUNTY by an amount not to exceed five percent (5%) to address increases or decreases 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 written notice of anticipated increases, if any. Any increases shall take effect on October 1st, following the May 1st notification. 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, 2021. 4.2 This Agreement shall remain in full force and effect through the termination date, unless written notice of termination by the COUNTY or CITY is provided pursuant to Article 8, NOTICES. ARTICLE 5 - GOVERNMENTAL IMMUNITY CITY is a state agency as defined in Chapter 768.28, Florida Statutes, as amended, 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 Article 8, NOTICES, herein. t00146496.2 2704-05016401 ARTICLE 8 - NOTICES Any and all notices given or required under this Agreement shall be in writing and may be delivered in person or by United States mail, postage prepaid, first class and certified, return receipt requested, addressed as follows: TO COUNTY: Director, Environmental Licensing and Building Permitting Division 1 North University Drive, Bldg. B, #302 Plantation, Florida 33324 With copy to: County Administrator 115 South Andrews Avenue, Suite 409 Fort Lauderdale, Florida 33301 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 ARTICLE 9 - MISCELLANEOUS PROVISIONS 9.1 ASSIGNMENT: COUNTY shall perform the selected Services provided for in this Agreement exclusively and solely for 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. (00146496.2 2704-0501640) 4 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 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 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. 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 Interlocal Agreement as set forth in full herein. City will be primarily responsible for responding to any public records requests regarding the performance of this Interlocal 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 INTERLOCAL {001464962 2704-0501640) AGREEMENT SHOULD BE DIRECTED TO THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88T" AVENUE, ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERK@TAMARAC.ORG 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: 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 CITY, signing by and through its duly authorized to execute same. ' WITNESSES i Signature MARY ANNE DARBY Print/Type Name Sign ZGAFMER Print/Type Name CREATED to i ijj:m OCT 1st < V S 1915 2: tnE (00146496.22704-0501640) COUNTY M BROWARD COUNTY, through its County Administrator or designee ByZ42.� ------------ �,,� day often 201�? Approved as to form by Joni Armstrong Coffey Broward County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By fir j� b Nlaite Azcoitia Deputy County Attorney INTERLOCAL AGREEMENT FOR EMERGENCY/NON GUARANTEED SUPPLEMENTAL SUPPORT BUILDING CODE SERVICES TO BE PERFORMED BY THE BROWARD COUNTY ENVIRONMENTAL LICENSING AND BUILDING PERMITTING DIVISION OF THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT CITY Attest: CITY Clerk PMARA C o �O •p®f 12F, , A. ` r� qRD COO" ``1/11111110 0 MA/ #16-49 ELBP Dnonguar_tamarac-a01 (00146496.2 2704-0501640) CITY OF TA C By Maydor-Commissioner day of j , 20 16 �cl 5—d'ay.• APPROVED AS TO FORM: gy d'wrltiC�zy jll CI orney