HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-136Temp Reso #11266
August 7, 2007
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2007- 13l
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 FIVE
DOLLARS ($65.00) PER HOUR FOR THE CODE
ENFORCEMENT OFFICER AND TWENTY EIGHT DOLLARS
AND THIRTY EIGHT CENTS ($28.38) 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 TWO YEAR PERIOD
THROUGH SEPTEMBER 30, 2009; 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
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Temp Reso #11266
August 7, 2007
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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-2005-168, which is due to expire on September 30,
2007; and
WHEREAS, Broward County has offered a new agreement at a rate of sixty-five
dollars ($65.00) per hour for the code enforcement officer and twenty eight dollars and
thirty eight cents ($28.38) 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 two year period through September 30, 2009. 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 terms, shall provide for certain monetary payments
from the City of Tamarac to the County; and
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Temp Reso #11266
August 7, 2007
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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 111.11, attached hereto as Exhibit 2; and
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-
five dollars ($65.00) per hour for the code enforcement officer and twenty eight dollars and
thirty eight cents ($28.38) 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 two year period through September 30, 2009. All costs shall be
Temp Reso #11266
August 7, 2007
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properly documented and such documentation provided to the City with the monthly
invoices.
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 //'ed y of , 2007.
ATTEST: BETH FLANSBAUM-TALABISCO, YOR
J
MARION SWE SON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
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4 UEL S. OREN
CITY ATTORNEY
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUMJALAWSCO
DIST 1: COMM. PORTNER
DIST 2: COMM. ATKINS-GRA
DIST 3: V1M SULTANOF
DIST 4: COMM. DRESSLER
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Return recorded document to:
Armando Linares, Director
Building Code Services Division
955 South Federal Highway
Fort Lauderdale, FL 33316
Document prepared by:
Charlie Torres, Admin Manager 1I
Building Code Services Division
955 South Federal Highway
Fort Lauderdale, FL 33316
INTERLOCAL AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
FOR
Temp Reso #11266
Exhibit #1
HEARINGS BY THE BROWARD COUNTY
MINIMUM HOUSING/UNSAFE STRUCTURES BOARD
This Agreement, made and entered into by and between: BROWARD COUNTY, a
political subdivision of the state of Florida, hereinafter referred to as "COUNTY,"
M
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 No. _ " Q ? 1319 authorized 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:
The recitals above are true and correct and are incorporated herein.
2. SCOPE OF SERVICES:
2.1. 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.
2.2. 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
(c) implementing the orders and directives of the Board to cause the
violations(s) to be corrected.
2.3. COUNTY shall perform the above -described functions through the Board or
any successor entity.
3. 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.
4. COMPENSATION:
4.1. COUNTY shall provide services set forth above at the rate of Sixty -Five and
00/100 Dollars ($65.00) per hour for the Code Enforcement Officer and
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Twenty Eight and 38/100 Dollars ($28.38) 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.
4.2. CITY shall reimburse COUNTY for the actual costs of the services delineated
in Section 2 of 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). Such costs shall be properly documented and
such documentation provided to CITY with the monthly invoices described in
Section 4.3 hereof.
4.3. 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.
4.4. Fines and liens recorded against property shall run in favor of the CITY.
4.5 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 1st notification.
5. TERM OF AGREEMENT:
5.1. 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 2009.
5.2. This Agreement shall continue in full force and effect unless written notice of
termination by the COUNTY or CITY is provided pursuant to Section 9,
Notices. Unless terminated as provided in Section 8, Termination, this
Agreement may be renewed for successive two (2) year periods upon
request of CITY and upon acceptance by COUNTY.
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6. INDEMNIFICATION:
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.
7. INSURANCE:
COUNTY is self insured pursuant to the provisions of Section 768.28, Florida
Statutes.
8. TERMINATION:
This Agreement may be terminated by either party upon thirty (30) days notice to
the other party of such termination pursuant to Section 9, 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.
9. 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 Building Code Services Division
955 South Federal Highway
Fort Lauderdale, FL 33316
With copy to:
County Administrator
115 South Andrews Avenue, Suite 409
Fort Lauderdale, FL 33301
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TO CITY:
Office of City Manager
7525 Northwest $$t Avenue
Tamarac, FL 33321
With copy to:
City Attorney
7525 Northwest 8$th Avenue
Tamarac, FL 33321
10. MISCELLANEOUS PROVISIONS:
10.1. Assignment: COUNTY shall perform the services provided for in this
Agreement exclusively and solely for CITY which is a party to this
Agreement. CITY shall not have the right to assign this Agreement.
10.2. 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.
10.3. Seyerability: The invalidity of any provision of this Agreement shall in noway
affect the validity of any other provision.
10.4. Entire Agreement: It is understood and agreed that this Agreement
incorporated 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 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.
10.5. Modifications: 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.
10.6. 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.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
Is
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 Building Code Services Division on the respective dates under each
signature: BROWARD COUNTY through it's BOARD OF COUNTY COMMISSIONERS,
signing by and b rough it'sEILZ�,
Mayor, authorized to execute same by Board
acti non the day of 2067, and the CITY, signing by and through
its,authorized to execute same by Commission action on the 11 day
of F• , 20��
ATTEST:
o Ad�inistrator Ex-
icio Clerk of the Board of
County Commissioners of Broward
County, Florida ,
sl►
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BROWARD COUNTY, through its
BOARD OF COUNTY CO ISSIONERS
BV-Z,'-, W.ZAZ11�
" ' Vi eA— Mayor
q%ay of , -e:�=Z(date)
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) 357-69 8
By .-
Assistant County Attorney
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTYAND CITY OF TAMARAC
FOR HEARINGS BY THE BROWARD COUNTY MINIMUM HOUSING/UNSAFE
STRUCTURES BOARD
Attest:
CITY Clerk
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CITY
CITY OF TAMARAC
day of 1; (.la -
TBy_2�C %'v�-r-�
C Y Manager
day a ,(date)
APPROVED AS TO FORM:
CITY Attorney