HomeMy WebLinkAboutCity of Tamarac Resolution R-99-116Temp. Reso #8468
May 11, 1999
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO, R-99- 116
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE AN INTERIM INTERLOCAL
AGREEMENT BETWEEN BROWARD COUNTY AND THE
CITY OF TAMARAC PROVIDING INSPECTION SERVICES
FOR BUILDING INSPECTION SERVICES IN THE EVENT
THERE IS A SHORTAGE DUE TO ILLNESS OR VACATION
AT A RATE OF FORTY ($40.00) PER HOUR, NOT TO
EXCEED $20,000 ANNUALLY; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Tamarac is desirous to maintain a high level of inspection
service; and
WHEREAS, in the event of a prolonged absenteeism the city would be unable to
provide these services to the construction industry; and
WHEREAS, the Building Official recommends that the city execute an interim
interlocal agreement with Broward County, attached hereto as Exhibit 1; and
WHEREAS, Broward County has offered this service at a nominal fee with no
commitment from the City of Tamarac; and
Temp. Reso #8468
May 11, 1999
Page 2
WHEREAS, representatives of the County and the City of Tamarac have negotiated
a means and method to accomplish the objectives of providing the inspections services by
execution of this Interim 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
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 Interim 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: 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
Interim Interlocal Agreement between the City of Tamarac and Broward County for the
provision of inspection services in the City of Tamarac (attached hereto as "Exhibit 1 "), at
a rate of forty ($40.00) per hour, not to exceed $20,000. annually.
Temp. Reso #8468
May 11, 1999
Page 3
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/ day of , 1999.
E SCHREIBER
Mayor
ATTE
CAROL GOLD, MC/AAE
City Clerk
I BY CERTIFY that I have
appro e� this F�WLUTIO s to form.
MITCHELL S.
City Attorney
Ll
RECORD OF COMMISSION
MAYOR
SCHREIIBER
DIST 1:
gQMM.
DIST 9.1
DIST 3:
CO M�,SHIGN_.....
DIST 4:..
COMM. ROBERTS.
EXHIBIT T
Temp Reso #8468
INTERIM
INTERLOCAL AGREEMENT
Between
BROWARD COUNTY
•
_r,
CITY OF TAMARAC
For
INSPECTION SERVICES/PLAN REVIEW TO BE PERFORMED
BY THE BROWARD COUNTY BUILDING AND PERMITTING DIVISION
11
•
INTERIM
INTERLOCA4 AGREEMENT
Between
and
CITY OF TAMARAC
for
This is an Interim 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 of Tamarac , a municipal corporation existing under the laws of the
state of Florida, hereinafter referred to as "CITY."
WHEREAS, this Agreement is entered into pursuant to §163.01, Florida Statutes,
also known as the "Florida Interlocal Cooperation Act of 1969"; and
WHEREAS, BROWARD COUNTY maintains a Building and Permitting Division
("Building and Permitting") that conducts plan examinations and inspections pursuant to
the South Florida Building Code; and
WHEREAS, the CITY is desirous of procuring the services of COUNTY for the
performance of plan examinations and/or inspections pursuant to the South Florida
Building Code within the municipal boundaries of the CITY; and
WHEREAS, CITY is in need of such services on an immediate basis; and
WHEREAS, COUNTY, through said Division, is willing to perform such services
pursuant to the terms and conditions hereafter set forth;
WHEREAS, the Broward County Administrator, pursuant to Chapter 19 of the
Broward County Administrative Code, determined that the CITY is in need of such services
on an immediate basis, NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and
payments hereinafter set forth, COUNTY and CITY agree as follows:
1.1. CITY agrees to transfer to COUNTY the authority to perform the inspection
and/or plan review services in accordance with Schedule "A" attached hereto
("Services").
1.2. COUNTY shall perform the Services pursuant to Schedule "A" through its
Building and Permitting Division, or any successor division as may be
designated by the County Administrator.
1.3. Additional inspection and/or plan review services may be provided to CITY
upon written request to the Director of Building and Permitting, subject to the
availability of inspectors to perform such services. CITY shall compensate
COUNTY for such additional services in accordance with Section 3, HOURS
OF SERVICE AND COMPENSATION.
1.4. It is understood and agreed that COUNTY may be required to employ
additional personnel to perform the Services required under this Agreement.
2. FUNCTION5 AND. -DUTIES NOT IMNSFERRED TO C
It is specifically understood and agreed that all rights and powers as may be vested
in the CITY pursuant to Chapter 166, Florida Statutes, or any other law or
ordinance or Charter provision of the CITY not specifically addressed by this
Agreement, shall be retained by CITY. 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
•
6►2
C,
In the event CITY desires to have COUNTY provide any of the above services, a
separate agreement shall be required between CITY and COUNTY.
CITY and COUNTY agree that the role of the CITY Building Official as defined in
the South Florida Building Code shall not be affected by the terms of this
Agreement.
3.1. COUNTY shall provide the Services set forth on Schedule "A" at the rate of
Forty Dollars ($40.00) per hour for a total amount not to exceed Twenty
Thousand and 00/100 Dollars ($20,000.00).
3.2_ COUNTY shall invoice CITY on a monthly basis for actual services provided
to CITY by COUNTY during the preceding month. CITY shall be invoiced for
fractional portions of an hour at the rate set forth herein. CITY shall
reimburse COUNTY within forty-five (45) days of the date of the invoice.
4. TERM OF AGREEMENT:
4.1. This Agreement shall become effective upon execution by the COUNTY and
shall terminate three (3) months from the effective date, or upon approval
of an agreement for services by the Board of County Commissioners,
whichever occurs first.
4.2. This Agreement shall remain in full force and effect unless written notice of
termination by the COUNTY or the CITY is provided pursuant to Section 7 & s
NOTICES.
5. INDEMNIFICATION:
To the extent provided by law, each party agrees to indemnify and hold the other
party harmless from and against all claims, demands or causes of action of
whatsoever kind or nature arising out of an error, omission negligent acts, conduct
or misconduct of the other party, its agents, servants or employees.
6. INSURANCE:
For the term of this Agreement, COUNTY shall maintain in full force and effect
insurance policy(ies) or self insurance funds in the minimum amount stated in
§768.28, Florida Statutes. Where such coverage is provided by purchased
insurance, the insurer shall be authorized to transact business in the state of
Florida.
1191
• 7.TERMINATION:
This Agreement may be terminated by either party upon thirty (30) days written
notice to the other party of such termination pursuant to Section 8, NOTICES,
herein.
8. NQTICES:
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:
Director, Broward County Building and Permitting Division
955 South Federal Highway
Fort Lauderdale, Florida 33316
With copy to:
. County Administrator
115 South Andrews Avenue, Suite 409
Fort Lauderdale, Florida 33301
•
IF TO CITY:
City Attorney
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
9. MIS-ULL4N900 PROVISIONS:
9.1. As i me t: COUNTY shall perform the inspection, plan review services,
and/or building official services provided for in this Agreement exclusively
and solely for the CITY which is a party to this Agreement. CITY shall not
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
C11
Agreement shall not be construed as a waiver of any future or continuing
similar or dissimilar failure.
9.3. verabilit : The invalidity of any provision of this Agreement shall in no
way affect the validity of any other provision.
9.4. Entire men : 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. aftin : This Agreement has been negotiated and drafted by all parties and
shall not be strictly construed against any party because of such party's
preparation of this Agreement.
9.7. h i e of Law Waiver u 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.
[Intentionally left blank]
-5-
• IN WITNESS WHEREOF, the parties hereto have made and executed this Interim
Agreement on the respective dates under each signature for a term not to exceed 90 days:
BROWARD COUNTY through its COUNTY ADMINISTRATOR, authorized by Board action
on the 9th day of July, 1996, and CITY, signing by and through its
authorized to execute same by Commission action on the
day of May 2 1999 (dam).
WITNESSES:
Print Name:
Print Name:
n
LJ
BROWARD COUNTY, through its
COUNTY ADMINISTRATOR
By
ROGER J. DESJARLAIS
day of (d9•)
Approved as to form
Office of County Attorney
for Broward County, Florida
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
M
Sta
Assistant County Attorney
• INTERIM AGREEMENT BETWEEN BROWARD COUNTY AND City of Tamarac
• FOR INSPECTION SERVICES/PLAN REVIEW TO BE
PERFORMED BY THE BROWARD COUNTY BUILDING AND PERMITTING DIVISION
CITY
•
Attest:
6�7,, " c, �, , /
City ler
CITY OF TAMARAC
By '
G� Mayor -Commissioner
day of MAY , 1999 (dam)
-�s: r)
44 . By �
City Manag
day of MAY 999
(daft)
AP
0' E T ORM:
By
C' Attomey
PMK/It
AAMPINTERAp4
#99-49
3/8/99
-7-
$CHEDUL "
0 -
INSPECTION SERVICES AND/OR PL
AN REVIEW
I di rate below:
"FS" for full service
"PS" for partial services
"NS" for no service
1.
2.
3.
4.
5.
6.
Structural
Plumbing
Electrical
Mechanical
Mobile Home
Code Enforcement of
the South Florida
Building Code
PS
PS
PS
PS
PS
PS
PS
PS
NS
NS
NS
NS
(Plan review associated with the service selected shaft be performed at the location
specified by COUNTY)
C]
INTERIM
INTERLOCAL AGREEMENT
Between
BROWARD COUNTY
1 •I
CITY OF TAMARAC
For
EXHIBIT `1'
Temp Reso #8468
INSPECTION SERVICES/PLAN REVIEW TO BE PERFORMED
BY THE BROWARD COUNTY BUILDING AND PERMITTING DIVISION
•
INTERIM
INTERLOCAI� AGREEMENT
Between
a
SITLY1, a nexereA
and
CITY OF TAMARAC
for
;► :u ■ . •.
•
This is an Interim Interlocal Agreement, made and entered into by and between:
BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred
to as "COUNTY," 0
AND
City of Tamarac , a municipal corporation existing under the laws of the
state of Florida, hereinafter referred to as "CITY."
WHEREAS, this Agreement is entered into pursuant to §163.01, Florida Statutes,
also known as the "Florida Interlocal Cooperation Act of 1969'; and
WHEREAS, BROWARD COUNTY maintains a Building and Permitting Division
("Building and Permitting") that conducts plan examinations and inspections pursuant to
the South Florida Building Code; and
WHEREAS, the CITY is desirous of procuring the services of COUNTY for the
performance of plan examinations and/or inspections pursuant to the South Florida
Building Code within the municipal boundaries of the CITY; and
WHEREAS, CITY is in need of such services on an immediate basis; and
WHEREAS, COUNTY, through said Division, is willing to perform such services
pursuant to the terms and conditions hereafter set forth; 41
WHEREAS, the Broward County Administrator, pursuant to Chapter 19 of the
Broward County Administrative Code, determined that the CITY is in need of such services
on an immediate basis, NOW, THEREFOR,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and
payments hereinafter set forth, COUNTY and CITY agree as follows:
1.1. CITY agrees to transfer to COUNTY the authority to perform the inspection
and/or plan review services in accordance with Schedule "A" attached hereto
("Services").
1.2. COUNTY shall perform the Services pursuant to Schedule "A" through its
Building and Permitting Division, or any successor division as may be
designated by the County Administrator.
1.3. Additional inspection and/or plan review services may be provided to CITY
upon written request to the Director of Building and Permitting, subject to the
availability of inspectors to perform such services. CITY shall compensate
COUNTY for such additional services in accordance with Section 3, HOURS
OF SERVICE AND COMPENSATION.
1.4. It is understood and agreed that COUNTY may be required to employ
additional personnel to perform the Services required under this Agreement.
2. EUNCTION5 AND DUTIES N T TRAN RRE T C TY:
It is specifically understood and agreed that all rights and powers as may be vested
in the CITY pursuant to Chapter 166, Florida Statutes, or any other law or
ordinance or Charter provision of the CITY not specifically addressed by this
Agreement, shall be retained by CITY. 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
IPA
In the event CITY desires to have COUNTY provide any of the above services, a
separate agreement shall be required between CITY and COUNTY.
CITY and COUNTY agree that the role of the CITY Building Official as defined in
the South Florida Building Code shall not be affected by the terms of this
Agreement.
3.1. COUNTY shall provide the Services set forth on Schedule "A" at the rate of
Forty Dollars ($40.00) per hour for a total amount not to exceed Twenty
Thousand and 00/100 Dollars ($20,000.00).
3.2. COUNTY shall invoice CITY on a monthly basis for actual services provided
to CITY by COUNTY during the preceding month. CITY shall be invoiced for
fractional portions of an hour at the rate set forth herein. CITY shall
reimburse COUNTY within forty-five (45) days of the date of the invoice.
4. TERM OF AGREEMENT,:
4.1. This Agreement shall become effective upon execution by the COUNTY and
shall terminate three (3) months from the effective date, or upon approval
of an agreement for services by the Board of County Commissioners,
whichever occurs first.
4.2. This Agreement shall remain in full force and effect unless written notice of
termination by the COUNTY or the CITY is provided pursuant to Section 7 & 8
NOTICES.
5. INDEMNIFICATION.
To the extent provided by law, each party agrees to indemnify and hold the other
Party harmless from and against all claims, demands or causes of action of
whatsoever kind or nature arising out of an error, omission negligent acts, conduct
or misconduct of the other party, its agents, servants or employees.
6. INSURANCE -
For the term of this Agreement, COUNTY shall maintain in full force and effect
insurance policy(ies) or self insurance funds in the minimum amount stated in
§768.28, Florida Statutes. Where such coverage is provided by purchased
insurance, the insurer shall be authorized to transact business in the state of
Florida.
•
991
• 7. TE MIN I .
This Agreement may be terminated by either party upon thirty (30) days written
notice to the other party of such termination pursuant to Section 8, NOTICES,
herein.
8. N C
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:
Director, Broward County Building and Permitting Division
955 South Federal Highway
Fort Lauderdale, Florida 33316
With copy to:
County Administrator
115 South Andrews Avenue, Suite 409
Fort Lauderdale, Florida 33301
IF_TO CITY:
City Attorney
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
9. MISCELLANEOUS PROVISION19:
9.1. Assignment: COUNTY shall perform the inspection, plan review services,
and/or building official services provided for in this Agreement exclusively
and solely for the CITY which is a party to this Agreement. CITY shall not
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. S verability: 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. _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. Drafting: This Agreement has been negotiated and drafted by all parties and
shall not be strictly construed against any party because of such party's •
preparation of this Agreement.
9.7. Choice of Law Waiver of Jucy 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.
[Intentionally left blank]
•
16-9
IN WITNESS WHEREOF, the parties hereto have made and executed this Interim
Agreement on the respective dates under each signature for a term not to exceed 90 days:
BROWARD COUNTY through its COUNTY ADMINISTRATOR, authorized by Board action
on the 9th day of July, 1996, and CITY, signing by and through its
v "-- (- o n "^ , authorized to execute same by Commission action on the
�P' ay of May , 1999 (d.W).
WITNESSPS: r �pr+M!01 OWARD COUNTY, through its
�) ,�" GSM 400 TY ADMINISTRATOR
'� L L
' \ • •► . ••
Print Na e: ��� ��' �v�r� �• R •;
CREA'1E •
m-� OCT.1S y •
• 1915 'R_0_GERTttSJARLAIS
w . �
PrirYt Nam i`14 P_/ T of
;,iroved as to form
Office of County Attorney
for Broward County, Florida
• Governmental Center, Suite 423
115 South Andrews Avenue
Fork Lauderdale, Florida 33301
Telephone.- (954) 357-7600
Telecopier: (954) 357-6968
By
Assistant County Attorney
f'wc,o 4. MAZ
.7
"I
INTERIM AGREEMENT BETWEEN BROWARD COUNTY AND City of Tamarac
FOR INSPECTION SERVICES/PLAN REVIEW TO BE
PERFORMED BY THE BROWARD COUNTY BUILDING AND PERMITTING DIVISION
1
Attest:
�a
L,e,—�
City CI r
PMK/It
k: BB,PINTERAU
#99-49
318M
CITY
CITY OF TAMARAC
By
Mayor -Commissioner
Aday of MAY , 1999 (dob)
B
�j N
l>
City Manager
H
-7-
f d y o f MAY 199
APP
By
Cit Attorney
(am)
•
C]
fiQHEE, !A"
INSPECTION SERVICES AND/OR PLAN REVIEW
Indicate below:
"FS" for full service
"PS" for partial services
"NS" for no service
1.
Structural
2.
Plumbing
3.
Electrical
4.
Mechanical
5.
Mobile Home
6.
Code Enforcement of
the South Florida
Building Code
INSPECTIONS
PS
PS
PS
PS
PLANJUSIEN
PS
PS
PS
PS
NS NS
NS NS
(Plan review associated with the service selected sha f be performed at the location
specified by COUNTY)
s
0 —8—