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HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-137Temp Reso #11267 8/15/07 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2007- /c;7 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 FIVE AND 00/100 DOLLARS ($65.00) PER HOUR FOR A BUILDING CODE INSPECTOR, SEVENTY FIVE AND 00/100 DOLLARS ($75.00) PER HOUR FOR A PLANS EXAMINER, SEVENTY SEVEN AND 00/100 DOLLARS ($77.00) 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, 2007; 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 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 Temp Reso #11267 8/15/07 Page 2 as Exhibit 1; and WHEREAS, the City previously entered into an agreement with Broward County for this service by Resolution No. R-2005-167, which expires on September 30, 2007; 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 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. 1 1 I Temp Reso #11267 8/15/07 Page 3 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 five and 00/100 dollars ($65.00) per hour for a building code inspector, seventy five and 00/100 dollars ($75.00) per hour for a plans examiner, seventy seven and 00/100 dollars ($77.00). 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, 2007; 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. 1 Temp Reso #11267 8/15/07 Page 4 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this ddaay of*4-AUI 2007. ATTEST: W, Y, ARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAMUEL S. GOREN '` CITY ATTORNEY RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO�_ DIST 1: COMM. PORTNER DIST 2: COMM. ATKINS-GRA DIST 3: V/M SULTANOF DIST 4: COMM. DRESSLER' aee�2 1 Return recorded document to: Armando Linares, Director Building Code Services Division 955 South Federal Highway Fort Lauderdale, FL 33316 Document prepared by: Charlie Torres, Administrative Manager 11 Building Code Services Division 955 South Federal Highway Fort Lauderdale, FL 33316 INTERLOCAL AGREEMENT FOR EMERGENCY/NON GUARANTEED Temp Reso #11267 SUPPLEMENTAL SUPPORT Exhibit #'I BUILDING CODE SERVICES TO BE PERFORMED BY THE BROWARD COUNTY BUILDING CODE SERVICES DIVISION, URBAN PLANNING AND REDEVELOPMENT 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," EUX 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 1 163.01, Florida Statutes, also known as the "Florida Interlocal Cooperation Act of 1969"; and WHEREAS, COUNTY maintains a Department of Urban Planning and Redevelopment which includes a Building Code Services Division ("BCSD") 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 BCSD, is willing to perform such Services pursuant to the terms and conditions hereafter set forth; NOW, THEREFORE, - 1 - 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. 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 BCSD, 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 minimum level of staffing for the term of the agreement will be based on Schedule A. Requested staffing levels are not guaranteed. BCSD 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 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 requested in Schedule A, COUNTY shall provide services set forth above at the rate of Sixty Five and 00/100 Dollars ($65.00) per hour for a Building Code Inspector, Seventy Five and 00/100 Dollars ($75.00) per hour for a Plans Examiner, Seventy Seven and 00/100 Dollars ($77.00) for a Chief Building Code Inspector, Ninety and 00/100 Dollars ($90.00) per hour for Building Official Services. Overtime, when -2- 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. 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 in Schedule A 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 18t of each year, COUNTY shall provide CITY with notice of anticipated increases, if any. Any increases shall take effect on October 1st, following the May 1st 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 2009. 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. -3- 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 Building Code Services Division 955 South Federal Highway Fort Lauderdale, Florida 33316 With copy to: County Administrator 115 South Andrews Avenue, Suite 409 Fort Lauderdale, Florida 33301 TO CITY: Office of City Manager 7525 Northwest 88t Avenue Tamarac, FL 33321 With copy to: Office of City Attorney 7525 Northwest 88th Avenue Tamarac, FL 33321 ARTICLE 9 - MISCELLANEOUS PROVISIONS IKAE 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 underthis 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. -5- 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 Building Code Services Division, Urban Department on the respective dates under each signature: its BOARD OF COUNTY COMMISSIONERS, signing by M,,��aygqr�,, authorized to execute same by Board action c DC-4b — 20 b7 (date) and the CITY, sil b n� , authorized to execute same by Commissic ,20Cg(date). Arz Co y Administ tar or ai icio Clerk of the Boa County Commissioners County, Florida i COUNTY 1. •rrn�MM�Mrr V' r QC7. �Sr t o Bro"4rd �t� � •rrrrryr !sue Planning and Redevelopment BROWARD COUNTY through and through it Mayor or Vice n the day of Ining by and through its in action on theme day of BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS ♦ /i 1 64-' Mayor 9&day of &get - , 20 b7 (date) ` Approved as to form ffice of County Attorney Broward County, Florida Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-696 By r Assistant County Attorney INTERLOCAL AGREEMENT FOR INSPECTION, PLAN REVIEW, BUILDING OFFICIAL AND RELATED SERVICES TO BE PERFORMED BY THE BROWARD COUNTY BUILDING CODE SERVICES DIVISION OF THE URBAN PLANNING AND REDEVELOPMENT DEPARTMENT. 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