HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-234I
Temp Reso #10532
09/16/04
Rev #1 10/01 /04
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2004- a 3 T
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE THE INTERLOCAL
AGREEMENT 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 A RATE OF
FIFTY ONE DOLLARS AND FORTY-EIGHT CENTS ($51.48)
PER HOUR FOR BUILDING CODE INSPECTOR, FIFTY FOUR
DOLLARS AND FIFTY-SIX CENTS ($54.56) PER HOUR FOR
PLANS EXAMINER, SIXTY SIX DOLLARS AND TWENTY-
EIGHT CENTS ($66.28) PER HOUR FOR BUILDING
OFFICIAL SERVICES PROVIDING FOR CONFLICTS;
PROVIDING FOR 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 srvices on an as needed
basis in accordance with the fees as provided in the interlocal agreement attached hereto
as Exhibit 1; and
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Temp Reso #10532
09/16/04
Rev #1 10/01 /04
WHEREAS, the City previously entered into an agreement with Broward County for
this service by Resolution No. R-2002-26, which expires on September 30, 2004, that
provided renewal options, that the County elected not to extend; 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.
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Temp Reso #10532
09/16/04
Rev #1 10/01/04
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 fifty one
dollars and forty-eight cents ($51.48) per hour for building code inspector, fifty four dollars
and fifty-six cents ($54.56) per hour for plans examiner, sixty six dollars and twenty-eight
cents ($66.28) per hour for building official services for a term expiring on 09/30/05.
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.
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Temp Reso #10532
09/16/04
Rev #1 10/01 /04
SECTION 5: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this 13t'' day of October, 2004.
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ATTEST:
RECORD OF COMMISSION VOTE:
r MARION SWENSON, C IC MAYOR SCHREIBER
CITY CLERK DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABISCO
DIST 3: WM SULTANOF
D�
I HEREBY CERTIFY that DIST 4: COMM. ROBERTS
I have approved this
RESOLUTION as to form.
CITY ATTORNEY
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City of Tamarac
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"Committed to Excellence —Always"
�aR�OP
Jeffrey L. Miller
City Manager
October 14, 2004
Roger Desjarlais
County Administrator
Broward County Building Department
955 S. Federal Highway
Fort Lauderdale, Florida 33316
Dear Mr. Desjarlais: 9
I am pleased to advise you that at its meeting on October 13, 2004, the Tamarac
City Commission approved a resolution to execute the Interlocal Agreement between
Broward County and the City of Tamarac providing for building inspection, plan review and
Building Official services. This approves the Tamarac Building and Code Compliance
Department to request inspection and/or plan review services from Broward County
Government.
Enclosed is a copy of the approved resolution. Please return two original executed
agreements to our City Clerk's Office, Attention: Marion Swenson, 7525 N.W. 881" Avenue,
Tamarac, Florida 33321.
The City's Building Official, Gary B Jones, is our contact for matters relating to this
issue; he may be reached at (954) 724-1250. Thank you for your cooperation in this
matter.
Sincerely,
Jeffrey L. Miller
City Manager
CC' Gary B Jones, Director of Building and Code Compliance Department
IGi
7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401 • (954) 724-1230 • Fax (954) 724-2454 • jeffm@tamarac.org
Equal Opportunity Employer
Return recorded document to:
Armando Linares, Director
Building Code Services Division
955 South Federal Highway
Fort Lauderdale, FL 33316
Document prepared by:
Jacqueline De Diego
Building Code Services Division
955 South Federal Highway
Fort Lauderdale, FL 33316
INTERLOCAL AGREEMENT FOR MMp ResD 10532
INSPECTION, PLAN REVIEW, BUILDING OFFICIAL AND EdAbit #1
RELATED SERVICES TO BE PERFORMED BY THE
BROWARD COUNTY BUILDING CODE SERVICES DIVISION,
DEPARTMENT OF PLANNING AND ENVIRONMENTAL PROTECTION
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,"
Uvn
CITY/TOWN OF M*mc , a municipal corporation existing
under the laws of the state of Florida, hereinafter referred to as "CITY/TOWN."
WHEREAS, this Agreement is entered into pursuant to §163.01, Florida Statutes,
also known as the "Florida Interlocal Cooperation Act of 1969"; and
WHEREAS, COUNTY maintains a Department of Planning and Environmental
Protection which includes a Building Code Services Division ("BCSD ") that conducts plan
review, permit inspections, building official, code enforcement, and other services relating
to building; and
WHEREAS, the CITY/TOWN is desirous of procuring all or some of the Services of
COUNTY for the performance of plan examinations, inspections, Building Official or other
Services within the municipal boundaries of the CITY/TOWN; and
WHEREAS, COUNTY, through BCSD, is willing to perform such Services pursuant
to the terms and conditions hereafter set forth; NOW, THEREFORE,
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IN CONSIDERATION of the mutual terms, conditions, promises, covenants and
payments hereinafter set forth, COUNTY and CITY/TOWN agree as follows:
ARTICLE 1 - SCOPE OF SERVICES
1.1. CITY/TOWN agrees to transfer to COUNTY the authority to perform the Services in
accordance with Option A, B and/or C, as set forth in Article 3 hereof.
1.2. COUNTY shall perform the above Services through its BCSD, or any successor
division as may be designated by the County Administrator.
1.3. Additional Services, such as inspection, plan review, building official functions, etc.,
may be provided to CITY/TOWN on a permanent basis upon written Amendment to this
Agreement, as set forth in Section 9.6. Nothing herein shall prohibit CITY/TOWN from
requesting and COUNTY for providing additional services on an emergency, intermittent,
unplanned or limited 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/TOWN pursuant to Chapter 166, Florida Statutes, or any other law or
ordinance or Charter provision of the CITY/TOWN not specifically addressed by this
Agreement, shall be retained by CITY/TOWN. 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/TOWN desires to have COUNTY provide any of the above
Services, a separate agreement shall be required between CITY/TOWN and COUNTY.
ARTICLE 3 - COMPENSATION
PLEASE CHECK OPTION(S):
OPTION A - County Issues Permits and Retains Fees Full -service contract. Applicants
deal directly with our staff, using our facilities, for the permit issuance, permit inspection,
plan review and Building Official functions. Applicants do not need to contact city staff for
any of these functions, and they pay the same application fees as are charged in the
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unincorporated area. The building official and associated staff continues to receive
direction from the municipality's administration on pertinent issues.
3.1 [ ] 3.1.1 Permits shall be issued by COUNTY in accordance with the fees
charged pursuant to Chapter 40, Part VIII, Broward County Administrative
Code, as such fees may be amended from time to time. These fees shall be
retained by COUNTY. COUNTY will provide permit issuance, permit
inspections, plan review, and Building Official duties.
CITY/TOWN shall reimburse COUNTY at the rate of Twenty Seven and
03/100 Dollars ($27.03) per hour (4 hour minimum) for COUNTY permitting
clerical personnel located within CITY/TOWN offices.
3.1.2 COUNTY shall invoice CITY/TOWN on a monthly basis for actual
clerical services provided to CITY/TOWN by COUNTY during the preceding
month. CITYITOWN 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/TOWN.
3.1.3 COUNTY will prioritize and respond to additional services requested
such as emergency, intermittent, unplanned or limited, contingent on the
availability of resources. Requests for service shall be delivered.to Broward
County Building Code Services no later than 3:30 P.M. the business day
prior to the date requested.
OPTION B - SCHEDULE A CITY/TOWN issues permits and retains fees. County char es
hourly rate for providin services): Guaranteed level of staffing for the year for your
municipality. For municipalities that prefer the partial service option, we have inserted into
the building services agreement (Schedule A) an option for the municipality to commit to a
minimum level of staffing for the entire one-year period of the agreement. This form of
guarantee will enable BCSD to supply you with staff that are dedicated to your
municipality's needs, and will not be diverted away. It will also provide foundation for
BCSD to employ a sufficient size staff to exceed the cumulative guaranteed needs of all
the partial -service contract cities.
3.1 [ ] 3.1.1 For services requested in Schedule A, COUNTY shall provide services
set forth above at the rate of Fifty One and 48/1000 Dollars ($51.48) per hour
for a Building Code Inspector, Fifty Four and 56/100 Dollars ($54.56) per
hour for a Plans Examiner, Sixty Six and 28/100 Dollars ($66.28) per hour for
Building Official Services. Overtime, when approved by the City/Town, shall
be at one and one half the normal hourly rate. All hourly charges shall be
billed in increments of thirty (30) minutes. All costs shall be properly
documented and said documentation provided to the CITY/TOWN with the
monthly invoices.
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3.1.2. COUNTY shall invoice CITY/TOWN on a monthly basis for the
services requested in Schedule A by CITY/TOWN for the preceding month.
CITY/TOWN 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/TOWN.
3.1.3 For services not listed in Schedule A, COUNTY will prioritize and
respond to additional services requested such as emergency, intermittent,
unplanned or limited, contingent on the availability of resources. Requests
for additional service shall be delivered to Broward County Building Code
Services no later than 3:30 P.M. the business day prior to the date
requested.
OPTION C -- Schedule A Peak load or emeraencv staffing based on availabilitV of
resources--CITY/TOWN issues permits and retains fees. County charges hoyLIX rate for
rovidin services . This partial service option does not require commitment of a minimum
level of staffing, however, 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. For municipalities that prefer this partial service option, we
have inserted into the building services agreement a provision on Schedule A to provide
projected service levels. This type of request does not guarantee that resources will be
provided when and how requested.
3.1 [ x ] 3.1.1 For services anticipated in Schedule A, COUNTY shall provide services
at the rate of Fifty One and 48/1000 Dollars ($51.48) per hour for a Building
Code Inspector, Fifty Four and 56/100 Dollars ($54.56) per hour for a Plans
Examiner, Sixty Six and 28/100 Dollars ($66.28) per hour for Building Official
Services. Overtime, when approved by the City/Town, shall be at one and
one half the normal hourly rate. All hourly charges shall be billed in
increments of thirty (30) minutes. All costs shall be properly documented and
said documentation provided to the CITY/TOWN with the monthly invoices.
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3.1.2 COUNTY shall invoice CITY/TOWN on a monthly basis for the
services actually provided to CITY/TOWN for the preceding month.
CITY/TOWN 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/TOWN.
3.1.3 For services not listed by CITY/TOWN in Schedule A, COUNTY will
prioritize and. respond to additional services requested based on the
availability of resources. Requests for additional service shall be delivered to
Broward County Building Code Services no later than 3:30 P.M. the business
day prior to the date requested.
E
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, 2005.
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/TOWN is provided pursuant to Section 8,
NOTICES.
ARTICLE 5 - GOVERNMENTAL IMMUNITY
CITY/TOWN 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.
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:
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TO COUNTY:
Director, Broward County Building Code Services Division
955 South Federal Highway
Fort Lauderdale, Florida 33316
5
With copy to:
County Administrator
115 South Andrews Avenue, Suite 409
Fort Lauderdale, Florida 33301
TO TOWN: wry GOPY TO.
-
-City City AttcmW
City of Tmarw City of Tma=
7525 NW 88 Avenue N—W Me—nue
TmExw FL 33321 Txmrac 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/TOWN 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/TOWN. 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
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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.
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IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on
the respective dates under each signature. BROWARD COUNTY through its COUNTY
ADMINISTRATOR, authorized by Board action on the 14 day of Sp-pn kx6eit ,
xL&4 , and C(r , signing by and through its
Abo2 , authorized to execute same by Commission action on the
day of o c.td�� , 200 `i.
COUNTY
WITNESSES- BROWARD COUNTY, through its
COUNTY ADMINISTRATOR
Pri t a e: M ✓�"-�- � 4
By
ROGER J. DESJARLAIS
rint Name: GRACE aG-i-day of 20AY
®gym+ v, Approved as to form
%' Office of County Attorney
for Broward County, Florida
C, r77� a
Governmental Center, Suite 423
` 115 South Andrews Avenue
`"" ° ' `'�•" Fort Lauderdale, Florida 33301
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Telephone: (954) 357-7600
Telecopier: (954) 357-7641
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By Zy
jg±4
Ass istant County Attorney
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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
Attest:
,��-CITY/TOWN Clerk
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03/05/04
CITY/TOWN
F
CITY/TOWN OF
By
ayor-Commissioner
day of elt�er' , 2%?�—/ (date)
"T C., CITY/TOWN Manager
day of (0:.0: ,244(date)
APPROVED A$ zT0 FO
By
X
SCHEDULE A
BUILDING CODE SERVICES DIVISION
ANNUAL SERVICE REQUEST
CITY/TOWN OF MWMC
CHECK ONLY ONE BOX. If selected more than one Option, use a separate Schedule A for 2nd. Option.
QGuaranteed ® Not Guaranteed
The minimum Increment of an Individual staff persons requested service time will be 3 and 3/4 hrs.
0-177
ignature Title
Daily Total FTEs = Total daily hours divi4b5.
Weekly hours = sum of total daily hours.
Weekly FTEs = Total weekly hours divided by 37.5
Annual hours = Total # o/ weeks times total weeky hours.
Annual FTEs = Annual hours divided by 1744
Dollar amount = annual hours times hourly rate for below services:
INSP: Inspector (Hourly rate - $51.48)
PE: Plans Examiner (Houry rate - $54.56)
SO: Building Official (Hourly rate - $66.28)
Clerical Staff (Hourly rate $27.03)
FTE - Full time equivalency
Printed Name'