HomeMy WebLinkAboutRecorded ILA - Emergency Guaranteed Supplemental SupportZp (0_ $
INSTR # 113930770
Recorded 09M 4/16 02:29:27 PM
Broward County Cornrrliasion
Deputy Clerk 3265
#t, 7 Pages
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:
Approved BCC i �q I
{00146496.22704-0501640) 1 Submitted By ! `'
RETURN TO DOCUMENT CONTROL
ARTICLE 1 - SCOPE OF SERVICES
1.1 CITY agrees to transfer to COUNTY the authority to erform Services in
accordance with the terms herein.
1.2 COUNTY shall perform the Services through its EI_BPD, or any successor
division as may be designated by the County Administrator.
1.3 CITY issues permits and retains fees. COUNTY chargias 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 otier 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 th 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 40/100 Dollars ($78.40) per hour for a Building Code Inspector, Eighty-nine and
30/100 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 (1Y) times the nol mal hourly rate. All
hourly charges shall be billed in increments of thirty (30) minutes.
3.2 All costs shall be properly documented and said documentatil n 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 eimburse COUNTY
{00146496.2 2704-05016401 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 1" of
each year, COUNTY shall provide CITY with written notice of anticipated increases, if
any. Any increases shall take effect on October Vt, following the May 15t 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.
100146496.2 2704-0501640)
ARTICLE 8 - NOTICES
Any and all notices given or required under this Agreement
may be delivered in person or by United States mail, postage p
certified, return receipt requested, addressed as follows:
TO COUNTY:
Director, Environmental Licensing and Building Permitting Di
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 PROVIS
all be in writing and
)aid, first class and
9.1 ASSIGNMENT: COUNTY shall perform the selected Service' provided for in this
Agreement exclusively and solely for CITY which is a party to this greement. 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 dissirr filar failure.
9.3 SEVERABILITY: The invalidity of any provision of this
way affect the validity of any other provision.
(00246496.2 2704-0501640) 4
shall in no
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
(00146496.2 2704.0501640)
AGREEMENT SHOULD BE DIRECTED TO THE CITY'S
PUBLIC RECORDS AT:
CITY CLERK
7525 NW 88T" AVENUE, ROOM 101
TAMARAC, FL 33321
(954) 597-3505
CITYC LE RK@TAMARAC.ORG
IN WITNESS WHEREOF, the parties hereto have made and exE
Agreement between COUNTY and CITY for selected services to I
Broward County Environmental Licensing and Building Permitt
Environmental Protection and Growth Management Department on
under each signature: COUNTY signing by and through its Cou
designee, authorized to execute same by Board action on the 14t
2010, and CITY, signing by and through its
duly authorized to execute same. `r
WITNESSES
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Signature
MARY MNE DARBY
Print/Type Name
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COUNTY
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CUSTODIAN OF
cuted this Interlocal
e performed by the
ng Division of the
:he respective dates
ity Administrator or
i day of December,
BROWARD COUNT, through its
County Administrato or designee
day of
Approved as to form
Joni Armstrong CoffE
Broward County Attc
Governmental CentE
115 South Andrews
Fort Lauderdale, Flo
Telephone: (954) 3%
Telecopier: (954) 3E
By — - L"
Maite Azcoi-
Deputy Cou
�M66� 20 16.
, Suite 423
,venue
da 33301
'-7600
'-7641
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 Cler
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(001464962 2704-0501640)
CITY OF TAMA C
By
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CITY Manager6.
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APPROVED AS TO FORM:
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CITY Atrney "
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Environmental Protection and Growth Management Department
ENVIRONMENTAL LICENSING and BUILDING PERMITTING DIVISION
1 North University Drive, Mailbox # 302, Plantation, Florida 33324-954-765-5081 - FAX 954-
September 22, 2016
Michael C. Cernech, City Manager
City of Tamarac
7525 NW 88 Avenue
Tamarac, FL 33321-2401
Dear Mr. Cernech,
Enclosed please find an executed and recorded col
Agreements between the City of Tamarac and Broward County Enviror
Building Permitting Division for Emergency/Non-Guaranteed SupplemE
Minimum Housing/Unsafe Structures Board.
If you have any questions, please feel free to contact me.
Very Truly Yours,
Karen Torres
Paralegal
cc: Lenny Vialpando, Deputy Director, Environmental Protection and G
Division
Claudio Grande, City of Tamarac Building Official
Pat Teufel, City of Tamarac City Clerk
Rosemary Fisher, Building Department Administrative Coordinator
Julio Briceno, Broward County Building Official
Broward County hoard -of County Commissioners
Mark Bogen -Beam Furr • Dale V.C. Holness •;Martin Davld NoChip LaMarca !-Sl;acy Ritter • Tim Ryan
www.binwaid:oria
ies of the Interlocal
mental Licensing and
ntal Support and for
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Sharief • Lois Wexler