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
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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.
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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,
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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.
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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
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$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
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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.
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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
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,� _, 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
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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
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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)
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