HomeMy WebLinkAboutCity of Tamarac Resolution R-99-241Temp. Reso #8696
July 12, 1999
Page 1
Revised 8/17/99
Revised 8/19/99
Revised 9/15/99
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-99- a 41
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 INSPECTION SERVICES
FOR BUILDING INSPECTION SERVICES IN THE EVENT
THERE IS A STAFF SHORTAGE AT A RATE OF FORTY
($40.00) PER HOUR, OR BUILDING OFFICIAL SERVICES AT
A RATE OF FIFTY ($50.00) 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 of qualified inspection
personnel or Building Official the city would be unable to provide these services to the
construction industry; and
WHEREAS, the Building Official recommends that the city execute an 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 #8696
July 12, 1999
Page 2
Revised 8/17/99
Revised 8/19/99
Revised 9/15/99
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 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 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
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 for inspection services, fifty ($50.00) per hour for Building Official
services, not to exceed $20,000. annually.
Temp. Reso #8696
July 12, 1999
Page 3
Revised 8/17/99
Revised 8/19/99
Revised 9/15/99
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 thisaa�ay of1999.
J SCHREIBER
Mayor
ATTEST -
CAROL GOL MC/AAE
City Clerk
I R BY CERTIFY that I have REC*RDCW
pp o ed t R LUTION "to farm. MA�
`MITCHELL S. KR Tt�i�
City Attorney �"""
Exhibit "1"
Temp Reso # 8696
Revised 03/09/99
INTERLOCAL AGREEMENT REVISED 09/02/99
Between
BROWARD COUNTY
and
CITY of TAMARAC
for
INSPECTION SERVICES, PLAN REVIEW AND BUILDING
OFFICIAL SERVICES TO BE PERFORMED
BY THE BROWARD COUNTY BUILDING CODE SERVICES DIVISION
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 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 Code Services Division 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, COUNTY, through said Division, is willing to perform such services
pursuant to the terms and conditions hereafter 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 0
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
Code Services 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 Code Services Division, 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.
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 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 49
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
2.2 In the event CITY desires to have COUNTY provide any of the above services, a
separate agreement shall be required between CITY and COUNTY.
2.3 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.
However, CITY may from time to time request the COUNTY to provide Building Official
services as set forth herein.
IPA
0 ARTICLE 3 — HOURS OF SERVICE AND COMPENSATION
0
3.1 CITY agrees to reimburse COUNTY for the Services provided, as needed,
pursuant to Schedule "A" in the estimated total amount, not to exceed, iwgnty
Thousand and 00/100 Dollars ($20,000), not to exceed an estimated total of
500 hours. CITY and COUNTY agree that the above amounts are estimated in
order to afford COUNTY the opportunity to have the necessary resources
available to provide such Services.
3.2 COUNTY shall provide the Services set forth on Schedule "A" at the rate
of Fifty Dollars per hour for Building Official Services and Forty Dollars($40.00)
per hour for all other services.
3.3 COUNTY shall invoice CITY on a monthly basis for actual service
provided to CITY by COUNTY during the preceding month. CITY shall reimburse
COUNTY within forty-five (45) days of the date of the invoice.
3.4 In the event CITY requests that COUNTY perform additional inspection
and/or plan review services in excess of the estimated total hours of service
indicated in subsection 3.1 above, CITY shall reimburse COUNTY at the rate of
Fifty Dollars ($50.00) per hour for all other services hereunder, payable monthly.
CITY shall be invoiced for fractional portions of an hour at the rate set forth
herein.
3.5. In the event additional services are required to be provided by COUNTY to
CITY which exceed fifty (50) percent of the total hours set forth in subsection 3.1
above, CITY shall provide ninety (90) days notice to COUNTY in order to afford
COUNTY the opportunity to obtain any additional resources that may be required
to provide the requested supplementary services.
ARTICLE 4 — TERM OF AGREEMENT
4.1. This Agreement shall become effective at 12:01 a.m., upon execution by
COUNTY, and shall continue in full force and effect until midnight, (two-
year period).
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 8,
NOTICES. Unless terminated as provided pursuant to Section 7,
TERMINATION, this Agreement may be renewed for successive two (2) year
periods upon request of CITY and upon acceptance by COUNTY.
-3-
Revision to 3, 1 — 09/02/99
•
ARTICLE 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.
ARTICLE 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.
ARTICLE 7 - TERMINATION
This Agreement may be terminated by either party upon three (3) months written
notice to the other party of such termination pursuant to Section 8, NOTICES, herein.
ARTICLE 3 - 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:
IF 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
IF TO CITY:
CITY MANAGER
CITY OF T RAC
7525 NW 88 AVENUE
TAMARAC, F1. 33321
-4-
with a copy to: CITY ATTORNEY
0 ARTICLE 9 - MISCELLANEOUS PROVISIONS
L-J
9.1, Assignment: COUNTY shall perform the inspection and/or plan review 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.
9.1 Severability: 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 conceming 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.
-5-
IN WITNESS WHEREOF, the parties hereto have made and executed this Interlac
Agreement Between Broward County and City of F;.tm7rac
for
Services/Plan Review to be Performed By The Broward County Building Codenspection 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
(date) and the CITY, signing by and through its
authorized to execute same by Cor"nmission action on the
day of (date).
ATTF-ST:
County Administrator and Ex-
Officio Clerk of the Board of
County Commissioners of Broward
County, Florida
K�11=
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
Chair
day of
(date)
Approved as to form
Office of County Attorney
for 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
on
Pamela M. Kane
Assistant County Attorney
C
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•
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND C f TY OF rAiMARAC
FOR INSPECTION SERVICES/PLAN REVIEW TO BE PERFORMED BY THE
BROWARD COUNTY BUILDING CODE SERVICES DIVISION
Attest-
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City Cie
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#99-49
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CITY
CITY OF TA ARAC
Mayor-oi&.
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By-!/
City Manager
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c dayof (date)
APP VVEASF M:
By
City 4t ey
CHEDULE "A" 0
INSPECTION SERVICES AND/OR PLAN REVIEW
Indicate below:
"FS" for full service
"PS" for partial services
"NS" for no service
IN PECTI N
PLAN REVIEW
1.
Structural
PS
PS
2.
Plumbing
PS
PS
3.
Electrical
PS
PS
4.
Mechanical
PS
PS .
5.
Mobile Home
NS
NS
6.
Code Enforcement of
the South Florida
Building Code
tiS
NS
7.
Building Official functions
required by the South
Florida Building Code
Ps
Ps
(Plan review associated with the service selected shall be performed at the location
specified by COUNTY)
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