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HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-073Temp Reso #12052 July 13, 2011 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2011- r13 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 SIXTY SIX DOLLARS ($66.00) PER HOUR FOR THE CODE ENFORCEMENT OFFICER AND THIRTY DOLLARS AND NO CENTS ($30.00) 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, 2016; 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 1 Temp Reso #12052 July 13, 2011 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-2009-108, which is due to expire on September 30, 2011; and WHEREAS, Broward County has offered a new agreement at the same rate of sixty- six dollars ($66.00) per hour for the code enforcement officer and thirty dollars and no cents ($30.00) 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, 2016. All costs shall be properly documented and such documentation provided to the City with the monthly invoices; 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 terns, 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 115.11, attached hereto as Exhibit 2; and Temp Reso #12052 July 13, 2011 Page 3 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. 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 forthe 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 sixty-six dollars ($66.00) per hour for the code enforcement officer and thirty dollars and no cents ($30.00) 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, 2016. All costs shall be properly documented and such documentation provided to the City with the monthly invoices. Temp Reso #12052 July 13, 2011 Page 4 SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 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 day of 2011. PAMELA BUSHNE L, MAYOR ATTEST: 6 aw PETER M. J. RICHA ON, CRM, 69C CITY CLERK. ����, I I II//,/ OV. TA �X••''• •''•�•9 : RECORD OF COMMISSION VOTE. W ESTABLISHED•; Q= MAYOR BUSHNELL 0' 1963 o= DIST 1: COMM. SWEN N �y SEAL •: Q�� DIST 2: V/M GOMEZ %�.Q'•. ••���•` DIST 3: COMM. GLAS R �� C©UNJ `� DIST 4: COMM. DRESSLER I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM. 'v EL S. GO EN CITY ATTORNEY Return recorded document to: Armando Linares, Director Permitting, Licensing and Consumer Protection Division 1 North University Drive, Bldg B, #302 Plantation, FL 33324 Document prepared by: Mona Fandel, Consumer Protection Administrator Permitting, Licensing and Consumer Protection Division 1 North University Drive, Bldg. B, #302 Plantation, FL 33324 Temp Reso #12052 Exhibit #1 INTERLOCAL AGREEMENT FOR REPRESENTATION AT HEARINGS BY THE BROWARD COUNTY MINIMUM HOUSING/UNSAFE STRUCTURES BOARD TO BE PROVIDED BY THE BROWARD COUNTY PERMITTING, LICENSING AND CONSUMER PROTECTION 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," 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 Na-2011-U , 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 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: 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; (b) noticing and conducting the hearings in accordance with laws, rules, and regulations governing hearings before the Board; and 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 Sixty Six and 00/100 Dollars ($66.00) per hour for the Code Enforcement Officer and Thirty and 00/100 Dollars ($30.00) 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. 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 1" of each year, COUNTY shall provide CITY with notice of anticipated increases, if any. Any increases shall take effect on October 1 �% following the May 1st 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 be deemed to have commenced upon approval by the COUNTY ADMINISTRATOR, and shall continue in full force and effect until midnight September 30, 2016. 4.2. This Agreement shall continue in full force and effect unless written notice of termination by the COUNTY or CITY is provided pursuant to Article 8, Notices. Unless terminated as provided in Article 7, 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 to be 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 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 Permitting, Licensing and Consumer Protection 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: Office of City Manager City of Tamarac 7525 NW 88t" Avenue Tamarac, FL 33321 With copy to: Office of City Attorney City of Tamarac 7525 NW 88t" Avenue Tamarac, FL 33321 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 Section 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. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 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 Permitting, Licensing and Consumer Protection 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 14" day of December, 2010, and the CITY, signing by and through its i0t __ , duly authorized to execute same by Commission action on the ILJ44dayof , 20j4_. COUNTY WITNESSES Signature (LORROO ATANGAN Print/Type MARYANNE DARBY Print/Type Name j G�" y�unera 17 R„ 1. BROWARD COUNTY, through its County Administrator or designee By E eday of j 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, By Assistant County Attorney M INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR HEARINGS BY THE BROWARD COUNTY MINIMUM HOUSING/UNSAFE STRUCTURES BOARD Attest: CITY Clerk (date) %//yIll 0F T A Mq,. V - 1SH�p'•. � cA ESTAAg 3 ' (date) -P CITY CITY OF TAMARAC By Mayor -Commissioner day of , 20 CITY Manager e-�day of , APPROVED AS TO FORM: 1 By e CITY Attorney