HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-109Temp Reso #11665
July 13, 2009
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2009- C Q g
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 SIXTY SIX AND 00/100 DOLLARS ($66.00) PER
HOUR FOR A BUILDING CODE INSPECTOR, SEVENTY SIX
AND 00/100 DOLLARS ($76.00) PER HOUR FOR A PLANS
EXAMINER, EIGHTY DOLLARS AND FIFTY CENTS ($80.50)
FOR A CHIEF BUILDING CODE INSPECTOR, NINETY AND
00/100 DOLLARS ($90.00) 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 TWO YEAR PERIOD COMMENCING
OCTOBER 1, 2009; 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
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Temp Reso #11665
July 13, 2009
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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-2007-137, which expires on September 30, 2009; 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 General Fund budget for said purpose; and
WHEREAS, the 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 Building Code Services Division, Department of
Planning and Environmental Protection; and
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Temp Reso #11665
July 13, 2009
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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 Building
Code Services Division, Department of Planning and Environmental Protection.
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.
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 Building Code Services Division, Department of
Planning and Environmental Protection (attached hereto as Exhibit 1), at a rate of sixty-six
and 00/100 dollars ($66.00) per hour for a building code inspector, seventy six and 00/100
dollars ($76.00) per hour for a plans examiner, eighty dollars and fifty cents ($80.50) for a
chief building code inspector, and ninety and 00/100 dollars ($90.00) 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 two year period commencing
October 1, 2009;
Temp Reso #11665
July 13, 2009
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 o26day of 2009.
5ETH TALABISCO, MAYOR
-ATTEST:
r
MARION SWEidSON, CIVIC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
:L S. GOREN
ATTORNEY
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISC(
DIST 1: COMM BUSHNELL�
DIST 2: VM ATKINS-GRAD
DIST 3: COMM GLASSER
DIST 4: COMM. DRESSLER '
I
J
Return recorded document to:
Armando Linares, Director
Permitting, Licensing and Consumer
Protection Division
1 North University Drive, Box 302
Plantation, FL 33324
Document prepared by:
Gregory Baker
Permitting, Licensing and Consumer
Protection Division
1 North University Drive, Box 302
Plantation, FL 33324
remp Reso #11665
Exhibit #1
INTERLOCAL AGREEMENT FOR
EMERGENCY/NON GUARANTEED SUPPLEMENTAL SUPPORT
BUILDING CODE SERVICES TO BE PERFORMED BY THE BROWARD COUNTY
PERMITTING, LICENSING AND CONSUMER PROTECTION 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,"
I_PIwj
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 an Environmental Protection and Growth
Management Department which includes a Permitting, Licensing and Consumer Protection
Division ("PLCPD") 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, COUNTY, through PLCPD, 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, COUNTY and CITY agree as follows:
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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 PLCPD, or any successor division
as may be designated by the County Administrator.
1.3 CITY issues permits and retains fees. County charges hourly rate for providing
Emergency Supplemental Staffing for the year to the CITY. Requested staffing levels are
not guaranteed. PLCPD will maintain a finite group of resources to provide peak load
rel.ief or emergency services on a first come first serve basis.
ARTICLE 2 - FUNCTIONS AND DUTIES NOT TRANSFERRED TO COUNTY
2.1 It is specifically understood and agreed that all rights and powers as may be vested
in the CITY pursuant to Chapter 166, Florida Statutes, or any other law or ordinance or
Charter provision of the 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 Services, a
separate agreement shall be required between CITY and COUNTY.
ARTICLE 3 - COMPENSATION
3.1 For services provided, COUNTY shall provide services set forth above at.the
rate of Sixty Six and 00/100 Dollars ($66.00) per hour for a Building Code Inspector,
Seventy Six and 00/100 Dollars ($76.00) per hour for a Plans Examiner, Eighty and 50/100
Dollars ($80.50) for a Chief Building Code Inspector, Ninety and 00/100 Dollars ($90.00)
per hour for Building Official Services. 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
thirty (30) minutes.
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3.2 All costs shall be properly documented and said documentation provided to the
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
within thirty (30) days of the date of the invoice. Any sums paid to the COUNTY are non-
refundable to the CITY.
3.3 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 st 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 s` 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, 2011.
4.2 This Agreement shall remain in full force and effect through the termination date or
any extended termination date, as set forth above, unless written notice of termination by
the COUNTY or the CITY is provided pursuant to Section 8, NOTICES.
ARTICLE 5 - GOVERNMENTAL IMMUNITY
CITY is a state agency as defined in Chapter 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 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.
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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 Section 8, NOTICES, herein.
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, Broward County Permitting, Licensing and Consumer Protection Division
1 North University Drive
Plantation, Florida 33324
With copy to:
County Administrator
115 South Andrews Avenue, Suite 409
Fort Lauderdale, Florida 33301
TO CITY:
Office of City Manager
7525 Northwest 88`h Avenue
Tamarac, FL 33321
With Copy to:
Office of City Attorney
7525 Northwest 881h 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.
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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 Section 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]
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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 through its BOARD OF COUNTY
COMMISSIONERS, signing by and through its Ma or or Vic�e Mayor, authorized to execute
same by Board action on the 2na day of �D.1.0 eA— ,20� (date) and
the CITY, signing by and through its of-- , authorized to execute
same by Commission action on the276day of U I jCjg&L 20!�2(date).
ATTEST:
.6,-<j7 County Ad inistrator angYEx
Officio Clerk of the Board of
County Commissioners of Bjbarl
County, Florida
COUNTY
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
_N'
c s .... �`�� y r
ay of a , 20C-q (date)
s
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Approved as to form
Office of County Attorney
Broward County, Florida
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
By
Assistant County Attorney
INTERLOCAL AGREEMENT FOR EMERGENCY/NON GUARANTEED SUPPLEMENTAL
SUPPORT BUILDING CODE SERVICES TO BE PERFORMED BY THE BROWARD
COUNTY PERMITTING LICENSING AND CONSUMER PROTECTION DIVISION OF THE
ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT
Attest:
CLTY—Clerk
CITY
-I-
CITY OF TAMARAC
By
ZW"kC2:92-
Mayor-Commissiorrer
1 day of l , 20_dj(date)
By
CITY Manager
v2� day of ,,2OOf(date)
APPROVED AS TO FORM:
!j
CITY Attorney