Loading...
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 1 2 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. 1 3 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. 1 4 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. mk-s1�i �• M_ • 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 I City of Tamarac mk "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, CAF230 07/20/04 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 CAF230 07/20/04 2 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. CAF230 07/20/04 3 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. CAF230 07/20/04 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: CAF230 07/20/04 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 CAF230 07/20/04 n 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. CAF230 07/20/04 7 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 ® f. Telephone: (954) 357-7600 Telecopier: (954) 357-7641 4 By Zy jg±4 Ass istant County Attorney E:3 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 CAF230 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'