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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-2931 Temp. Reso #9463 Sept 13, 2001 Revision #1 9/26/01 Revision #2 9/28/01 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-293 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC PROVIDING FOR HEARINGS BY THE BROWARD COUNTY MINIMUM HOUSING/UNSAFE STRUCTURES BOARD AT A COST OF $150.00 PER NOTICED CASE PLUS ASSOCIATED COSTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac is desirous to maintain the quality of life for the citizens of Tamarac and unsightly partially destroyed buildings is a detriment to this goal; and WHEREAS, in the event a property owner does not repair or demolish his building within a specified time given by the Building Official, only the Unsafe Structures Board has the authority to affirm the decision of the Building Official to have the building repaired or demolished; and WHEREAS, Broward County offers this service at a nominal fee to all Broward County municipalities and said fees are recoverable when appropriate liens and Temp. Reso #9463 Sept 13, 2001 Revision #1 9/26/01 Revision #2 9/28101 Page 2 foreclosure of the property takes place; and WHEREAS, the City previously entered into an agreement with Broward County for this service by Resolution No. R-99-117, which expired on June 22, 2001, 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 30th to correspond with the fiscal year end; and WHEREAS, representatives of Broward County and the City of Tamarac have negotiated means and method to accomplish the objectives of providing Hearings by the Broward County Minimum Housing/Unsafe Structures Board by execution of this Interlocal Agreement, which, by its terms, shall provide for certain monetary payments from the City of Tamarac to the County; and WHEREAS, available funds exist in the General Fund budget for said purpose, and where all funds expended are recoverable as provided in South Florida Building Code, Section 202.11, attached hereto as Exhibit 2; and WHEREAS, the Building Official recommends that the City enter into the Interlocal Agreement with Broward County providing for Hearings by the Broward County Minimum Housing/Unsafe Structures Board (attached hereto as Exhibit 1); and Temp. Reso #9463 Sept 13, 2001 Revision #1 9/26/01 Revision #2 9/28/01 Page 3 WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest 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 Hearings by the Broward County Minimum Housing/Unsafe Structures Board for real property located in the City of Tamarac. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: 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 authorized to execute the attached Interlocal Agreement between the City of Tamarac and Broward County far the provision of Hearings by the Broward County Minimum Housing/Unsafe Structures Board for real property located in the City of Tamarac (attached hereto as "Exhibit 1 ") at a cost of $150.00 per Noticed Case plus associated costs. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. u 1 Temp. Reso #9463 Sept 13, 2001 Revision #1 9/26/01 Revision #2 9/28/01 Page 4 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 10" day of October, 2001. ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHE66JS. KF CITY ATTORN JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER Ave' DIST 1: COMM. PORTNER fl M DIST 2: COMM. MISHKIN A ye, DIST 3: V/M SULTANOF flyer DIST 4: COMM. ROBERTS .A er Exhibit #1 INTERLOCAL AGREEMENT FOR Temp Reso #9463 HEARINGS BY THE BROWARD COUNTY MINIMUM HOUSING/UNSAFE STRUCTURES BOARD This Agreement, made and entered into by and between.- BROWARD COUNTY, a political subdivision of the state of Florida, bereinafter referred tows "COUNTY," AND ' Ta,mc'kr-a e- , a municipal corporation existing under the laws of the state of Florida, hereinafter referred to as "CITY." WHERE -AS; this agreement is entered into pur-scant to Section 163.01, Florida Statutes, also known as the "Florida Interlocal Cooperation Act of 1969"; and V-V-HEREAS, COUNTY maintains a Minimum Housing/Unsafe Structures Board ("Board") that hears and disposes of cases brought by Building Officials in accordance with the South Florida Building Code; and WHEREAS, the Board, pursuant to Chapter 5 of the Broward County Code of Ordinances is authorized to hear and dispose of cases brought by the Building Official; and WHEREAS, CITY, pursuant to Resolution No. authorized the use of the Board to hear and dispose of cases brought by the CITY Building Official; and WHEREAS, COUNTY, pursuant to Chapter 5 of the Broward County Code of Ordinances and Chapter 202 of the South Florida Building Code has the authority to hear and dispose of cases brought by the Building Official; and CAF#232 715100 WHEREAS, COUNTY, through said Board is wilting to perform such services on the terms and conditions hereinafter set forth; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY and CITY agree as follows. - ARTICLE 1 - SCOPE OF SERVICES 1.1 COUNTY agrees to make the Board available to hear and dispose of cases brought by the CITY Building Official for violations of the South Florida Building Code. Once the CITY Building Official determines that a violation exists, COUNTY shall be responsible for: 1.1.1 Filing a case with the Board, 1.1.2 Noticing and conducting the hearings in accordance with laws, rules, and regulations governing hearings before the Board; and 1.1.3 implementing and affecting the orders and directives of the Board to include causing the viQlation*s) to be corrected. 1.2 COUNTY shall perform the above -described functions through the Board or any successor entity. ARTICLE 2 - FUNCTIONS AND DUTIES NOT TRANSFERRED TO COUNTY It is specifically understood and agreed that all rights and powers as may be vested in CITY pursuant to Chapter 166, Florida Statutes, or any other law or ordinance or Charter provision of CITY not specifically addressed by this Agreement shall be retained by CITY. ARTICLE 3 - COMPENSATION 3.1. COUNTY shall provide services set forth above at the rate of One Hundred Fifty and 00/100 Dollars ($150.00) for each case which is noticed for hearing. CITY shall reimburse COUNTY for the actual costs of the services exclusive of the time expended by COUNTY employees. Such costs shall be properly documented and such documentation provided to CITY with the monthly invoices. 3.1 COUNTY shall invoice CITY on a monthly basis as set forth above, for services provided the preceding month. CITY shall reimburse COUNTY within forty-five (45) days of the date of the invoice. CAF#232 7/6/00 -2- ARTICLE 4 - TERM AND TERMINATION 4A This Agreement shall become effective upo execution by COUNTY and shall continue in full force and effect until Midnight 30 aQQ3 (date).11 4.2 This Agreement shall continue in full force and effect throuth the termination date set forth above, unless written notice of termination by the COUNTY or CITY is provided pursuant to Section 7, NOTICES. Unless terminated as provided herein, this Agreement may be renewed for successive one (1) year periods Upon written request of CITY and upon acceptance by COUNTY. 4.3 This Agreement may be terminated by either party upon ninety (90) days notice to the other party of such termination pursuant to Section 7, NOTICES. ARTICLE 5 - GOVERNMENTAL IMMUNITY CITY is a state agency or political subdivision as defined in Chapter 768.28, Florida Statutes, and agrees to be fully responsible for acts and omissions of its 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 CITY is a state agency as defined by Section 768.28, Florida Statutes, and CITY shall furnish Contract Administrator with written verification of liability protection in accordance with state law prior to final execution of said agreement. ARTICLE 7 - NOTICES Any and all notice required or given under this Agreement shall be in writing and may be delivered in person or by placing in United States mail, postage prepared, first class and certified, return receipt requested, addressed as follows: TO COUNTY: Director, Building Code Services Division 955 South Federal Highway Fort Lauderdale, Florida 33316 CAF#232 7/6l00 -3- With copy to: County Administrator 115 South Andrews Avenue Suite 409 Fort Lauderdale, Florida 33301 TO CITY. - City Manager City of Tamarac 7525 NW 88 Avenue Tamarac FL 33321 ARTICLE S - MISCELLANEOUS With copy to: City Attorney City of Tamarac 7525 NW 88 Avenue Tamarac FL 33321 8.1 INCORPORATION. The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties and are incorporated herein. 8.2. ASSIGNMENT: COUNTY shall perform the Unsafe Structures/Minimum Housing Board services provided for in this Agreement exclusively and solely for CITY which is a party to this Agreement. CITY shall not have the right to assign this Agreement. 8.3 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. 8.4 SEVERABILITY: The invalidity of any provision of this Agreement shall in no way affect the validity of any other provision. 8.5 ENTIRE AGREEMENT: It is understood and agreed that this Agreement incorporated and includes all -prior negotiations, agree-ments or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings 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. 8.6 MODIFICATIONS: 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. CAF##232 7/6100 -4- 8.7 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. 8.8 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 Seven, eenth Judicial Circuit of Broward County, Florida, the venue sites, 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. 8.9 RECORDING- This Agreement. shall be recorded in the public records of Broward County, in accordance with the Florida Interlocal Cooperation Act of 1969. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK CAF#232 7/6/00 -5- IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement 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 (date) and CITY, signing by and through its authorized to execute same by Commission action on the day of (date). ATTEST: County Administrator and Ex- Officio Clerk of the Board of County Commissioners of Broward County, Florida COUNTY BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS 0 Chair day of , 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 Lei Assistant County Attorney CAF#232 7/6/00 -6- (date) INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND FOR HEARINGS BY THE BROWARD COUNTY MINIMLM HOUSING/UNSAFE STRUCTURES BOARD Attest - City Clerk CAF#232 7is/oo CITY By Mayor-Qommissioner !C? day of do /c.' 200 l i (date) By City Manager -7- LC;' day of L( % (date)