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Home My WebLink AboutRecorded ILA - Representation at Hearings by the Broward County Minimum Housing/Safe Structures BoardR- Aot b - 85 Return recorded document to: Lenny Vialpando, Director Environmental Licensing and Building Permitting Division I 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 INSTR # 113930759 Recorded 09/14/16 02:27:30 PM Braward County Commission Deputy Clerk 3265 #1, 8 Pages 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 Interiocal 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_&,ri , 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 the Broward County Code of Ordinances and Section 116 of the Florida Building Code has the authority to hear and dispose of cases brought by the Building Official; and Appmed SCC {00146495.22704-0501640) 1 aaL16J Sa4a 6� By RETURN TO DOCUMENT CONTROL WHEREAS, COUNTY, through said Board is willing to perf rm such services on the terms and conditions hereinafter set forth; NOW, THEREFORE IN CONSIDERATION of the mutual terms, conditions, promi es, covenants and payments hereinafter set forth, COUNTY and CITY agree as follow : ARTICLE 1 - SCOPE OF SERVICES 1.1. COUNTY agrees to make the Board available to hear a d 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 eCists, COUNTY shall be responsible for: (a) filing a case with the Board; and (b) noticing and conducting the hearings in accordance wi h laws, rules, and regulations governing hearings before the Board. 1.3. COUNTY shall perform the above -described functions throu h the Board or any successor entity. 1.4. CITY shall be responsible for implementing the Orders ad 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 s 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 o 40/100 Dollars ($78.40) per hour for the Code Enforcement Officer 20/100 Dollars ($39.20) per hour for clerical support. Included in sai for mailings, publication, photos, posting of property and other ancill� when approved by the CITY, shall be at one and one half the norr hourly charges shall be billed in increments of 30 minutes. The Cou. a total cost, per case, of Five Hundred and 00/100 ($500.( authorization from the CITY. All costs shall be properly docL documentation provided to the CITY with the monthly invoices. (00146495.2 2704-0501640) 2 Seventy-eight and and Thirty-nine and costs are charges ry costs. Overtime, al hourly rate. All ty shall not exceed 0) without written mented and such 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. (00146495.2 2704-0501640) 3 ARTICLE 7 - TERMINATION This Agreement may be terminated by either party upon thirty (3) 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 fa and 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 delivered in person or by placing in United States mail, postage prE certified, return receipt requested, addressed as follows: TO COUNTY Director, Broward County Environmental Licensing and 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 writing and may be fired, first class and Building Permitting 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 hereto and shall not be more strictl y (00146495.2 2904-0501640) 5 9.9 RECORDING: This Agreement shall be recorded in Broward County, in accordance with the Florida Interlocal Coop 9.10 PUBLIC RECORDS: County and City are public Chapter 119, Florida Statutes. Section 119.0701, Florida Statutes is hereby incorporated in this Agreement as set forth in full herein. responsible for responding to any public records requests regardir this Agreement, and County will cooperate in providing any relev City to enable it to respond to the public records request. ANY QUESTIONS REGARDING THE APPLICATION 0 FLORIDA STATUTES, REGARDING PUBLIC RECORD TO PROVIDE PUBLIC RECORDS RELATING TO TH SHOULD BE DIRECTED TO THE CITY'S CUSTOD RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE, ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERK@TAMARAC.ORG [REMAINDER OF PAGE INTENTIONALLY LEFT BI (00146495.2 2704.0500401 6 Public Records of n Act of 1969. 3encies subject to and the text therein, City will be primarily 1 the performance of int public records to CHAPTER 119, S OR THE DUTY IS AGREEMENT AN OF PUBLIC KI 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 theday of , 20 u COUNTY WITNESSES Signatu MARYANNE DABBY Print[Type Name ype Name ``� ®C" M l;g6''ss`'�i . A, ®'"� Z CREATED ; 0 0 OCT 1st v : ce a 1915 s °< coax. \a (00146495.2 2704-0501640) 7 BROWARD COUNTY, through its County ministrator or desi nee By 13 day of &pk")) ,� 20 /cam . 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 By �7: _ � .-fi A sistant County Attorney Maite Amoitia �I INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR HEARINGS BY THE BROWARD COUNTY MINIMUM HOUSING/UNSAFE STRUCTURES BOARD CITY Attest: f, CITY Clerk \`�i1111111!//� rrt(tit (00146495.2 2704-0501640) $ CITY OF T By �Aw Mayor -Co missioner day of , 20 1 CITY Manager M 7-� tl- day of u. , 20 APPROVED AS TQ FORM: Am L 9,, � rney 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 954-765-4998 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 copies of the Interlocal Agreements between the City of Tamarac and Broward County Environmental Licensing and Building Permitting Division for Emergency/Non-Guaranteed Supplemental Support and for 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 Growth Managenl eqt Division { Claudio Grande, City of Tamarac Building Official = _.' r Pat Teufel, City of Tamarac City Clerk Rosemary Fisher, Building Department Administrative Coordinator Julio Briceno, Broward County Building Official % -- ., •.r Broward.Cm rd of County Commissioners Mark Bogen -Beam Furr -Dale V.C. Holness 5 kFeutEl�'� IMarc� $taGy Ritter • Tim Ryan • Barbara Sharief Lois Wexler wvft, Pa art �oY�t