HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-250Temp Reso #10580
10/19/04
Page 1
Rev #1 — Nov. 3, 2004
Rev. #2 — Nov. 4, 2004
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2004-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE THE INTERLOCAL
AGREEMENT FOR MUTUAL ASSISTANCE BETWEEN THE
CITY OF TAMARAC AND THE CITY OF MARGATE FOR
BUILDING INSPECTION, PLAN REVIEW, BUILDING
OFFICIAL, OR OTHER SERVICES TO BE PERFORMED BY
THE CITY OF MARGATE BUILDING DEPARTMENT OR THE
CITY OF TAMARAC BUILDING DEPARTMENT, SERVICES
TO BE PERFORMED BY EITHER THE CITY OF MARGATE
OR THE CITY OF TAMARAC IN THE EVENT THERE IS A
STAFF SHORTAGE AT A RATE OF FORTY DOLLARS
($40.00) PER HOUR FOR BUILDING CODE INSPECTOR,
FORTY DOLLARS ($40.00) PER HOUR FOR PLANS
EXAMINER, FIFTY DOLLARS ($50.00) PER HOUR FOR
TEMPORARY BUILDING OFFICIAL SERVICES, THIRTY
DOLLARS ($30.00.) PER HOUR FOR OTHER BUILDING
DEPARTMENT SERVICES STAFF; 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 personnel
the City would be unable to provide these services to the construction industry; and
WHEREAS, the two cities that are parties to this Agreement maintain Building
Departments in accordance with the Florida Building Code, and find the ability to call on
each other's Building Department staff for the purpose of supplementing each other's
Temp Reso #10580
10/19/04
Page 2
Rev #1 — Nov. 3, 2004
Rev. #2 — Nov. 4, 2004
building inspection program for inspections, plan reviews, and temporary Building Official
duties, is in the best interest of both cities; and
WHEREAS, such mutual building inspection assistance will involve service outside
the corporate limits of the providing city; and
WHEREAS, the parties are willing to compensate each other for such outside
services; 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 Mutual Assistance (attached hereto as Exhibit #1) between the City of
Tamarac and the City of Margate for Building Inspection, Plan Review, Building Official, or
other Services to be performed by the City of Margate Building Department or the City of
Tamarac Building Department; 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 Mutual Assistance
(attached hereto as Exhibit #1) between the City of Tamarac and the City of Margate for
Building Inspection, Plan Review, Building Official, or other Services to be performed by
the City of Margate Building Department or the City of Tamarac Building Department.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
Temp Reso #10580
10/19/04
Page 3
Rev #1 — Nov. 3, 2004
Rev. #2 — Nov. 4, 2004
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 Mutual Assistance (attached hereto as Exhibit #1) between the
City of Tamarac and the City of Margate for Building Inspection, Plan Review, Building
Official, or other Services to be performed by the City of Margate Building Department or
the City of Tamarac Building Department, services to be performed by either The City of
Margate or the City of Tamarac at a rate of forty dollars ($40.00) per hour for building code
inspector, forty dollars ($40.00) per hour for plans examiner; fifty dollars ($50.00) per hour
for temporary building official services, thirty dollars ($30.00) per hour for other building
department services staff.
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 #10580
10/19/04
Page 4
Rev #1 — Nov. 3, 2004
Rev. #2 — Nov. 4, 2004
SECTION 5: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this 10t" day of November, 2004.
JOE SCHREIBER
MAYOR
ATTEST:
RECORD OF COMMISSION VOTE:
MAROON SWEN ON, CMC MAYOR SCHREIBER
CITY CLERK DIST 1: COMM. PORTN R
ANje-
DIST 2: COMM. FLANSBAUM- ALABISCO
DIST 3: V/M SULTANOF
DIST 4: COMM. ROBERTS
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITCHELL S. KId
CITY ATTORNE
1
CITY OF MARGATE, FLORIDA
RESOLUTION NO. 10-169
A RESOLUTION OF THE CITY OF MARGATE, FLORIDA,
APPROVING AN INTERLOCAL AGREEMENT WITH THE
CITY OF TAMARAC FOR MUTUAL BUILDING
INSPECTION, PLAN REVIEW, BUILDING OFFICIAL,
AND OTHER BUILDING DEPARTMENT SERVICES,
SERVICES TO BE PERFORMED BY EITHER THE CITY OF
MARGATE OR THE CITY OF TAMARAC.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF MAR(�ATE, FLORIDA:
SECTION 1: That the City Commission
of the
City of
Margate,
Florida,
hereby approves the Interlocal
Mutual
Assistance
Agreement
with the City of Tamarac for
Building
Department
services
such as building
inspections, plan
review,
building
official, or other
services
to be
performed
by either
the City of Margate
or the
City of
Tamarac.
SECTION 2: That the Mayor and City Manager are
hereby authorized and directed to execute an agreement on
behalf of the City of Margate, a copy of which is
attached and made part of this Resolution.
SECTION 3: That this Resolution shall become effective
immediately upon its passage.
PASSED, ADOPTED AND APPROVED THIS 20TH day of OCTOBER, 2004
ATTEST
• r1
CLERK JUD A. KILGORE MAYOR PAM DONOVAN
CI
RECORD OF VOTE:
Bross
McLean
Talerico
Varsallone
Donovan
6VF
HTt
AYE
AYE
AYE
INTERLOCAL AGREEMENT FOR
MUTUAL ASSISTANCE
Between
THE CITY OF TAMARAC
And
THE CITY OF MARGATE
For
BUILDING INSPECTION, PLAN REVIEW, BUILDING
OFFICIAL OR OTHER SERVICES TO BE PERFORMED BY THE
CITY OF MARGATE BUILDING DEPARTMENT OR THE CITY OF
TAMARAC BUILDING DEPARTMENT.
This is an Interlocal Mutual Assistance Agreement made and entered into by and between
The City of Margate, a municipal corporation existing under the laws of the State of Florida,
hereinafter referred to as "Margate"
AND
City of Tamarac, a municipal corporation existing under the laws of the State of Florida,
hereinafter referred as "Tamarac."
WHEREAS, this Agreement is entered into pursuant to Section 163.01 of the Florida
Statutes, also known as the "Florida Interlocal Cooperation Act of 1969"1 and
WHEREAS, the two cities that are parties to this Agreement maintain Building
Departments in accordance with the Florida Building Code, and find the ability to call on each
other's Building Department staff for the purpose of supplementing each other's building
inspection program for inspections, plan reviews, and temporary Building Official duties, is in the
best interest of both cities; and
WHEREAS, such mutual building inspection assistance will involve service outside the
corporate limits of the providing city; and
WHEREAS, the parties are willing to compensate each other for such outside services;
and
WHEREAS, pursuant to Resolution No. 10-169 of the City of Margate, the City is hereby
authorized to execute this Agreement; and
IN CONSIDERATION of mutual terms, conditions, promises, covenants and payments
hereinafter set forth, Margate and Tamarac agree as follows:
ARTICLE 1- SCOPE OF SERVICES
1.1 Definitions — As used herein, the City requesting building services assistance shall be
designated the "Requesting City," and the City providing such assistance shall be
designated the "Providing City", and collectively "The Cities".
1.2 Request for Assistance — Upon request for building services assistance from the
appropriate officials of the Requesting City, the Providing City shall provide the needed
assistance to the Requesting City unless, in the opinion of the Chief Building Official of
the Providing City, such request would leave the Providing City inadequately staffed at the
time of such request. Requests not made in writing shall be confirmed within five (5)
working days by written notice as provided in Article 1.11 below.
1.3 Reimbursement — The Requesting City shall reimburse the Providing City for any
building services assistance in the amount set forth in Article 2 - Compensation.
1.4 Governmental Immunity — The Cities are state agencies as defined in Chapter 768.28 of
the Florida Statutes. 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 the The Cities to be sued by
third parties in any matter arising out of this Agreement or any other contract.
1.5 Requesting City shall Supervise The Chief Building Official of the Requesting City, or
his/her designee, shall direct the activities of the Providing City's Building Inspector or
Plan Reviewer within the corporate limits of the Requesting City. However, the Building
Inspector or Plan Reviewer of the Providing City shall not be obligated to obey any order
which he/she reasonably believes to be either in violation of the Florida Building Code,
the laws of the Providing City, the State of Florida, or the Federal Government.
1.6 Providing City Takes precedence Over Requesting
City -- In the event
the services of
the personnel and equipment of the Providing City
are required within
the
geographic
limits of the Providing City, and such personnel
and equipment shall
be
dispatched
accordingly, such dispatch shall take precedence
over any promises,
covenants or
agreements herein contained. The determination of the need of personnel
and
equipment
of the Providing City within the geographic limits of the Providing City
shall
be solely
that of the Providing City.
1.7 Cancellation - This Agreement may be terminated upon thirty (30) days written Notice
given by either party to the other in writing hand delivered or sent by certified mail return
receipt requested to the Chief Building Official, who shall furnish a copy to the Chief
Executive Officer of the City.
1.8 Florida Statutes - The provisions of "Florida Interlocal Cooperative Act of 1969" as
indicated at Section 163.01 of the Florida statutes are incorporated into this Agreement.
1.9 Performance - The performance of this Agreement is accepted by both parties in
satisfaction of all mutual aid goals, and in satisfaction of any and all the laws of the
State of Florida as permitted by Section 163.01(9) (b) of the Florida Statutes.
r
1.10 Clerks - This Agreement shall be filed with the City Clerks of the parties to this
Agreement, and the Circuit Clerk of the 17" Judicial Circuit, Broward County, Florida.
1.11 Notices -- Unless otherwise provided in this Agreement, notice shall be given from one
party to the other in writing and hand delivered or sent certified mail, return receipt
requested, to the following individuals who are the Building Official or Chief Building
Inspector with a copy furnished to the Chief Executive Officer of the City.
ARTICLE 2 - COMPENSATION
MUTUAL BUILDING INSPECTION, PLAN REVIEW,
AND TEMPORARY BUILDING OFFICIAL ASSISTANCE AGREEMENT
SCHEDULE OF COMPENSATION
Temporary Building Official Services $50.00 an hour
Building Inspection Services $40.00 an hour
Plan Review Services $40.00 an hour
Other Building Department Services Staff $30.00 an hour
Services rendered shall be maintained on a time ledger or electronically, which shall be reconciled
monthly between the City's receiving end or submitting services. Said ledger shall be kept on a
credit and balance method for services received from, or rendered for, the respective cities. After
September 30 of each year, the city having a credit balance will receive payment from the city
owing monies for services received during the prior year.
ARTICLE 3—TERM OF AGREEMENT
3.1 This Agreement shall become effective upon filing with the Circuit Clerk of the 17'4 Judicial
Circuit and shall continue in full force and effect until midnight, September 30, 2005.
3.2 This Agreement shall remain in full force and effect through the termination dates as set
forth above, unless written notice of termination by the City of Tamarac or the City of
Margate is provided pursuant to Article 1 Section 1.7 Cancellation.
ARTICLE 4 -- LLA ILITY
4.1 Tamarac and Margate shall each be individually and separately liable and responsible for the
actions of its officers, agents and employees in the performance of their respective obligations
under this Interlocal Agreement.
4.2 Tamarac and Margate shall each individually defend any action or proceeding brought against
their respective agency pursuant to this Interlocal Agreement and shall be individually
responsible for all of their respective costs, attorneys' fees, expenses and liabilities incurred as a
result of any such claims, demands, suits, actions, damages and causes of action, including the
investigation or the defense thereof, and from and against any orders, judgments or decrees which
may be entered as a result thereof.
4.3 Tamarac and Margate agree that no indemnification or hold harmless agreement shall be in effect
concerning any claims, demand, damages and causes of action which may be brought against
either party pursuant to this Interlocal Agreement.
4.4 .The parties shall each individually maintain throughout the term of this Interlocal Agreement any
and all applicable insurance coverage required by Florida law for governmental entities.
ARTICLE 5 — MISCELLANEOUS PROVISIONS
5.1 Assignment - Neither City shall have the right to assign this Agreement.
5.2 Waiver —The waiver by either City of any failure on the part of the other City 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.
5.3 Severability — The invalidity of any provision of this Agreement shall in no way affect
the validity of any other provision.
5.4 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 Cities 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 representation or agreements, whether oral or written.
5.5 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.
5.6 Choice of lave; waiver of Jury Trial —The parties to this Agreement hereby knowingly,
irrevocably, voluntarily and intentionally waive any right either may have to a trial by
jury in respect to any action, proceeding, lawsuit or counterclaim based upon the contract,
arising out of, under, or in connection with the matters to be accomplished in this
Agreement, or any course of conduct, course of dealing, statements (whether verbal or
written) or the actions or inactions of any party.
5.7 Venue: This agreement shall have been deemed to have been executed within the
State of Florida. The validity, construction, and effect of this Agreement shall be
governed by the laws of the State of Florida. Any claim, objection or dispute arising
out of this Agreement shall be litigated in the Seventeenth Judicial Circuit in and for
Broward County, Florida.
IN WITNESS WHEREOF, the Cities hereto have made and executed this Interlocal
Agreement of Mutual Assistance for Building Department Services between the City of Margate
and the City of Tamarac for selected services to be performed by the City of Margate Building
Department and the City of Tamarac Building Department on the respective dates under each
signature. The City of Margate, signing by and through its Mayor and City Manager, authorized
to execute same by Resolution of the City Commission, on the 20th day of
October , ZM , and the City of Tamarac by and through its Mayor and
City Manager, authorized to execute same by Resolution of the City Commission on the day of
ATTEST:
ATTEST:
Marion Swenson, City Clerk
Mitchell Kraft,
!QUX QF IKANAH
APPROVED BY R UTION NO. 10-169 - 10/20/2004
By:
Pam Donovan, Mayor
25th day of October 2004
By:
--A AJA�-
Leonard B. Golub, Ci Manager
CITY OF TAMAitAC
By:
Joe Schreiber, Mayor
. day of
By: -
Jefir Mi er, City Manager
i
F,. ,�... . -Ax A.v. a, CA& 042-6 r 64 ;a t u 1�,;1X A'1I
10002
The City of Tarname, Florida, a munk*W corporation of #to State of Florida, with an address of
7W NW 99in Avenue, Torwac, FL. 33321, =1as
th Sun -Seminal Company, a Delawareoorporation. with a principal address of 200 E. Los ., Ft. Lauderdale, FL WWI, hereinafter
reterted 1D as "Owner', hereby aVulate to the fb(kxWng ma
1. That the pas am (a) signing this Agreement have the arthority to enter Into the Agreerrm t and bind
the receive parties to the terms contained Wain.
2. That the Omer must obtain a owMente of oorr�at as required by the Tamarac Code,
ChepDer 20, Article
V, Newas Regulation, for arty all newsracrlc kcatione sa provided in
A. within the City Write, within sbdy (W) dp from the data the City ghm final
engineering wrovall of the nraaks fisted In .Auer said sbdy (SD) dayrg, all
Ica is OW to required to have an appm4wnowwack as provided for In Tamarac Code
SO. 2Q-144 end 20-145, inat WW acoordrig, tD appWr4ft Cod® spodnmft .
3. That ii the Owner does not bring the now*mok ic mitions Into oomplance with the Code
eeatbno cited within the bens frame pr m&Wd for I i Paragraph 2 of this Agreement, any
newaracke In vi"on of the Tamarac Cade a wil be removed In accordance with
Tarr mm Code s. 2o-1 So imr ately.
4. That the Owner unaeromrds VW the City of T code EntorCwwnt Vhrtlon will re-
inspect the newwrai* kxXidons WW abay (60) gays Im m the date of the CKYs final erVineering
approval of the newsrw* iocatlane has passed, In oft ir to verify that the newaracks have been
broUglt irva Cann fiance with the Tamww Code.
S. That the foliccs aing aiddit=al mans andlor ew*ptions shall apply to this Stipulated
CITY F AMARAC
BY:
Date:� L
f .. . = JVAffif
'f W, 4
Q—I.
Marian► Swenson,11 M -
City C:kmk
Daft; 4
1. be. narrated to disrolav the newarn&a
7�come ANY
S� Ccpy Cin Manager
/0- Z(. dL/
Received Oct-14-2004 10:36am Fr=-064 724 1370 Te-GORt10111 NARGRW- JAMS Pear 002
yu. iyq uM iu;: repA, v04 144 ;gift) "XAMAKAIU CITY AYl'Y' S OFF. 40003
STATE OF FLORIDA :
COUNTY O/� :SS
1 HEREBY CERTIFY that on this day, be fors me, i
akmwild and In the County aforesaid to take aoknowiec
L 2.r( of Sa
a QgMSM&M to me known to be
ersecuted dib Stipulated Agreement and aoknowledged
WiTNi SS my rind and of(eW seal this day of
Oifiow duly authorized in the Sh tQ
1 I / 1VL = -
penson(a) described herein and who
re me that he executed the same.
/7 r
State o� at Large
ORA L.
y Pubilm Print, Stamp, or
Type w Conxnhmivned)
Personally known to me or
Lj PnWuaad idwffkaWn
Type of I.D. Produced
an 0aw errEl DM NOT take an oath.
Received Oct-14-2004 10.36ar Frair064 724 1376 To-GOROM NARCROVE JAYS Pace 003
CITY OF TAMARAC
CITY STREETS
I COMMERCIAL & NW 47 TER
2 COMMERCIAL & MAINLAND DR
3 COMMERCIAL & WOODLANDS
4 8100 NW 70 AVE
5 NW 70 AVE & 77 ST
6 NW 70 AVE & 71 ST
7 MC NAB RD & LIME BAY LN
8 NW 57 ST & 73 AVE
DOT
COUNTY OR STATE ROADS
1 8201 PINE ISLAND RD
2 COMMERCIAL & UNIVERSITY
3 13AIx.EY & COMMONS AVE
4 ROCK ISLAND & COMMERCIAL
5 COMMERCIAL & MAINLAND DR
7EXHIBIT
A1