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HomeMy WebLinkAboutCity of Tamarac Resolution (26)Temp. Reso #9651 1 /03/02 Revised 1/14/02 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-026 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 FORTY DOLLARS ($40.00) PER HOUR; 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, Broward County has offered this service at a nominal fee with no commitment from the City of Tamarac; and WHEREAS, the City previously entered into an agreement with Broward County for this service by Resolution No. R-2000-78, which expires on March 22, 2002, that provided renewal options, that the County elected not to extend; and WHEREAS, Broward County has offered a new agreement in order to institute a specific expiration date of September 30t" to correspond with the fiscal year end; and 1 2 Temp. Reso #9651 1 /03/02 Revised 1 /14/02 WHEREAS, representatives of the County and the City of Tamarac have negotiated a means and method to accomplish the objectives of providing the inspection services by the execution of this Interlocal Agreement, 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 with Broward County providing for inspection and/or plan review services; 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 an Interlocal Agreement with the County regarding the provision of inspection services in Tamarac. 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 Between Broward County and the City of Tamarac for the Provision of Inspection and/or Plan Review Services to be Performed by the Broward County Building Code Services Division (attached hereto as Exhibit 1), at a rate of forty dollars ($40.00) per hour for inspection services. 1 1 3 Temp. Reso #9651 1 /03/02 Revised 1 /14/02 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 23rd day of January, 2002. ATTEST: MARION NSON, CMC CITY CLERK 1 HEREBY CERTIFY that I have approved this RESOLUTION as to form. I LMITCHELL S. KRAF CITY ATTORNEY ( 'q� � P JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER -A - ye< DIST 1: COMM. PORTNER DIST 2: COMM. MISHKIN_6-ye, DIST 3• V/M SULTANOF_Aye' DI 4: COMM. ROBERTS Aye, Return recorded copy to: Cos Tornese, Director Building Code Services Division 955 South Federal Highway Fort Lauderdale. FL 33316 Document prepared by: A►ukew. NtML4 �i�t,n►a6 Lops y�� �€5 9�„►S► art f(. l,4�,V79d oI"J 4 333tt° INTERLOCAL AGREEMENT FOR Temp Reso 9651 INSPECTION, PLAN REVIEW, BUILDING OFFICIAL AND Ekbibit #1 RELATED SERVICES TO BE PERFORMED BY THE BROWARD COUNTY BUILDING CODE SERVICES DIVISION, DEPARTMENT OF SAFETY AND EMERGENCY SERVICES 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," AND CITY/TOWNOF TAMAMCA 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 r WHEREAS, COUNTY maintains a Department of Safety and Emergency Services which includes a Building Code Services Division ("Building Division") 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 said Division, is willing to perform such Services pursuant to the terms and conditions hereafter set forth; NOW, THEREFORE, CAF230 4/18101 IN CONSIDERATION of the mutual terms, conditions, promises, ccvenants and payments hereinafter set forth, COUNTY and CITYITOWN 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 the attached Schedule A or B. 1.2. COUNTY shall perform the above Services pursuant to the attached Schedule through its Building Code Services Division, or any successor division as may be designated by the County Administrator. 1.3. It is understood and agreed that COUNTY may be required to employ additional personnel to perform the Services required under this Agreement, however, CITY/TOWN shall not be responsible for any costs or expenses associated with the hiring and employment of said additional employees. 1.4. Additional Services, pursuant to the attached Schedule, such as inspection, plan review, building official functions, etc., indicated on Schedule A or B, may be provided to CITYITOWN upon written request by the CITY/TOWN Manager or Administrator, or designee, to the Director of the Building Code Services Division, subject to the availability of staff. 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/TOV-N 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. CAF230 2 4/18/01 ARTICLE 3 - COMPENSATION PLEASE CHECK ONE OPTION ONLY: OPTION A - SCHEDULE A (City/Town issues ermits and retains fees. Count charges hourly rate for pro0jing services 3.1 [x ] 3.1.1. COUNTY shall provide the Services set forth in Schedule "A" at the rate of Fifty Dollars ($50.00) per hour for Building Official Services and Forty Dollars ($40.00) per each staff hour for all other Services. If warranted, the amounts set forth above shall be adjusted annually by the Cost of Living Index in an amount not to exceed five percent (5%). No later than May 1S1 of each year, COUNTY sha!I provide CITY/TOWN with notice of anticipated increases, if any. Any increases shall take effect on October 111 following the May 151 notification. 3.1.2. COUNTY shall invoice CITY/TOWN on a monthly basis for actual Services provided to CITY/TOWN by COUNTY during the preceding month. CITY/TOWN shall reimburse COUNTY within forty-five (45) days of the date of the invoice. CITYITOWN shall be invoiced for fractional portions of an hour in half hour increments to the nearest half hour at the rate set forth herein. Any sums paid to the COUNTY are non-refundable to the CITY/TOWN except as provided in Section 7, TERMINATION, wherein the CITY/TOWN would be entitled to a pro rata reimbursement in the event COUNTY terminates this Agreement. 3.1.3. The COUNTY will prioritize and respond to additional services requested such as emergency, intermittent, unplanned or limited, contingent on the availability of resources. OPTION B - SCHEDULE B CountI Issues Permits and Retains Fees 3.1. [ ] 3.1.1. Permits shall be issued by COUNTY in accordance with the fees charged pursuant to Chapter 40, Part VII, Broward County Administrative Code, as such fees may be amended from time to time. All fees shall be retained by COUNTY. COUNTY will provide permit issuance, inspections, plan review, and Building Official duties. In addition, CITY/TOWN shall reimburse COUNTY for additional services at the hourly rate of $40.00 per hour for Code Compliance services and/or CAF230 4118/01 $14.50 per hour (4 hour minimum) for COUNTY permitting clerical personnel located within CITY/TOWN offices If warranted, the amounts set forth above shall be adjusted annually by the Cost of Living Index in an amount not to exceed five percent (5%). No later than May 1 g` of each year, COUNTY shall provide CITY/TOWN with notice of anticipated increases, if any. Any increases shall take effect on October 1s` following the May 15' notification. 3.1.2. COUNTY shall invoice CITY/TOWN on a monthly basis for actual Services provided to CITY/TOWN by COUNTY during the preceding month. CITY/TOWN shall reimburse COUNTY within forty-five (45) days of the date of the invoice. CITY/TOWN shall be invoiced for fractional portions of an hour in half hour increments to the nearest half hour at the rate set forth herein. Any sums paid to the COUNTY are non-refundable to the CITY/TOWN except as provided in Section 7, TERMINATION, wherein the • CITY/TOWN would be entitled to a pro rata reimbursement in the event COUNTY terminates this Agreement. 3.1.3 The COUNTY will prioritize and respond to additional services requested such as emergency, intermittent, unplanned, or limited, contingent on the availability of resources. ARTICLE 4 - TERM OF AGREEMENT 4.1. This Agreement shall be deemed to have commenced on March 23 1 2002 , and shall continue in full force and effect until midnight, Se tember 3Q 2 _ This Agreemen' may be renewed for additional periods of two (2) years upon request of CITY/TOWN'S Manager or Administrator, or designee, and acceptance by COUNTY Administrator. 4.2. This Agreement shall remain in fuil force and effect through the termination date or any extended termination date, as setforth 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 CAF23o 4/18/01 4 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: 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/TOWN: With copy to: City Manager City Attorney City of Tamarac City of Tamarac 7525 NW 8$ Avenue 7525 NW 88 Avenue Tamarac 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. CAF230 5 4118/01 9.2. vVAIVER: 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. 9A, 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. 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. 9.6, 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. 9.7 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. 9.8 RECORDING: This Agreement shall be recorded in the public records of Broward County, in accordance with the Florida Interlocal Cooperation Act of 1969. IN WITNESS WHEREOF, the parties hereto have made and executed this Interlocal Agreement Between Broward County and CITY/TOWN of cit of Tam for selected Services to be Performed by the Broward County Building Code Services Division on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair or Vice Chair, authorized to execute same by Board action on the day of 200a (date) and the CITY/TOWN, signing by and through its CAF230 6 4/18/01 ,� _, authorized to execute same by Commission action on the 2E_ day of zop (date). COUNTY ATTEST. CoPtyAdrnninistrator x- Officio Clerk of the Board of County Commissioners of Broward County, Florida titi4 /pry 't�yy /a ..�� CRZ1:AT p s M OCT. 1 ST e 1916 vi CAF230 4/18/01 7 BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS rVe Chair • • . of ili. Approved as to form Office of County Attorney Broward County, Florida Edward A. Dion, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier. (954) 357-6968 By-;2�.� 1p z Assistant ounty Attorney - INTERLOCAL AGREEMENT BETWEEN FORONSPECT ONNPLAN REVIEW, EW, BUILDING TY[TOWN OF CITY OF TAMARAC OFFICIAL AND RELATED SERVICES TO BE PERFORMED BY THE BROWARD COUNTY BUILDING CODE SERVICES DIVISION, DEPARTMENT OF SAFETY AND EMERGENCY SERVICES CITY/TOWfsl Clerk MA/ B&PSERVI.A04 4/18/01 CAF230 4/18/01 CITY/TOWN CITY/TOWN OF TAMMAC 2S day of 2002 (date) By � 4. m "" CITY/TOWN Manager 25 day of J----u 2�2 (date) A PRO D A TO FORM: L�� CITY N Attorney SCHEDULE "A" Option ` A' (Ci /Town issues permits and retains tees Cnypt y charges hourly rate for services selected) INSTRUCTIONS: (indicate service requested by placing a service code in the boxes provided) (blank spaces indicates no services selected for that item) SERVICE CODE 'F' full service -full time yearly availability gyp' partial service -intermittent, yearly availability *`S' substitute -other than full or partial services(vacations, sick, etc.) 'N'-approximate number of ersons needed `T'-estimated time -hours ner week month a ear Indicate below an approximate number of personnel needed and an estimated amount of time needed. INSPECTIONS Code STRUCTURAL Nam_ T per _tX PLUMBING r 1 N 1 T 80H per Yr MECHANICAL 1 r 1 N 1 T 80H per Yr ELECTRICAL L ` - N 1 T 80H per Yr FIRE Q N T per Code BUILDING OFFICIAL T per PLAN REVIEW N__j T 160H per Yr 0 N 1 T 80H per Yr ® N 1 T 80H per Yr N 1 T 80Hper Yr 0 N T per NOTE: Any service code selected for Building Official services above, City / Town appoints County pursuant to the requirements of Section 201.1(A)(1) of the South Fla, Building Code. CODE COMPLIANCE Code SO. FL. BUILDING CODE N T per BUSINESSICODE INSPECTIONS N T per ( Prerequisite for obtaining occupational license ) *lf `5' is service selected, it will be predicated on available staff. 04/ 17/01 so OPTION "B" (Cu_ rinty. is5urs permit: and retains fees) INSTRUCTIONS: (Indicate service requested by placing code in boxes provided) (Blank spaces indicates no services selected for that item) SERVICE CODE T9 full service -full time yearly availability `P' partial service -intermittent, yearly availability *`S' substitute -other than full or partial services(vacations, sick, etc.) `N'-a roximate number of persons needed `T'-estimated time -hours per week mont ear Indicate below an approximate number of personnel needed and an estimated amount of time Deeded - Code Compliance ADDITION A-L SERVICES Code South Florida Building Code T N Business /Code inspections T N (Prerequisite ror obtaining occupational License) NOTE: Chapter162 of the Florida Statutes precludes the usf of the Broward County Code Enforcement Board by a CITY/TOWN to provide for judicial action on code enforcement violations. On -site Permitting Clerical Personnel Days required M_T_ -W_Th_F_ Half day Full day (4 hours) (8 hours) *If 'S' is service selected, it will be predicated on available staff. (a-11-01) M U1