HomeMy WebLinkAboutCity of Tamarac Resolution R-92-126Temp. Reso. #6330
CITY OF TAMARAC
RESOLUTION NO. R-92-124F
A RESOLUTION AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE AN AGREEMENT
WITH THE CITY OF OAKLAND PARK PERTAINING
TO THE MUTUAL BUILDING INSPECTION AND PLAN
REVIEW ASSISTANCE PROGRAM; AND PROVIDING FOR
AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC,
FLORIDA:
SECTION 1: That the appropriate City officials are
hereby authorized to execute an Agreement with the City of
Oakland Park pertaining to the Mutual Building Inspection and
Plan Review Assistance Program, a copy of said agreement
being attached hereto a "Exhibit 1".
SECTION 2: This Resolution shall become effective
upon adoption.
PASSED, ADOPTED AND APPROVED this Igt,.h day of �t ,1992.
ATTEST:
AROL VANS
CITY CLERK
I BY CERTIFY that I RECORD OF COUNCIL VOTE
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roved this RESOLUTION MAYOR BFNt7ER
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CITY ATTORNEY DISTRICT 4; C/M ABRAMOWITZ
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MUTUAL BUILDING INSPECTION ASSISTANCE AGREEMENT
MUTUAL BUILDING INSPECTION ASSISTANCE
s
THIS AGREEMENT, made and entered into this of
1992, by and between:
CITY OF OAKLAND PARK, FLORIDA, a Municipal Corporation
of State of Florida, hereinafter referred to as
"OAKLAND PARK".
and
• CITY OF TAMARAC, FLORIDA, a Municipal Corporation of
the State of Florida, hereinafter referred to as
"TAMARAC".
W I T N E S S E T H:
WHEREAS, the two cities that are parties to this Agreement
find that the ability to call on each other's Building Department
staff for the purpose of supplementing each other's building
inspection program is in the best interests of both cities; and
WHEREAS, the parties are willing to compensate each other
for all such outside services; and
WHEREAS, pursuant to Resolution the City of Oakland
Park authorized its City Officials to execute this Agreement, and
pursuant to Resolution � 92-126the City of Tamarac authorized the
City officials to execute Agreement.
NOW, THEREFORE, in consideration of the mutual covenants,
promises and agreements herein contained and other good and
valuable consideration, the receipt whereof is hereby
acknowledged, the parties hereto do hereby agree as follows:
1. Definitions - As used herein, the city requesting
building inspection assistance shall be designated the
•"Requesting City:, and the city providing such assistance shall
be designated the "Providing City".
2. Scope of Services - Tamarac and Oakland Park agree to
transfer the authority to perform the inspections and plan review
for the following disciplines as provided for in Section 302.4,
305.1, and 305.2 of the South Florida Building Code:
a. Building
b. Plumbing
c. Electrical
d. Mechanical
The Plan Review associated with the service selected shall
be performed at the location specified by the providing City.
3. Retention of Authority - It is understood and agreed
that all rights and powers as may be vested in the Cities of
Tamarac or Oakland Park respectively pursuant to Chapter 166 of
the Florida Statutes or any other law or ordinance or Charter
provision of the city shall be retained by said city. Further,
it is clearly understood that the role of the City Building
official of the respective cities is in no way affected by the
terms of this Agreement.
4. Request for Assistance - Upon request for building in-
spection assistance from the appropriate officials of requesting
city, the providing city shall provide the needed assistance to
the requesting city within 48 hours of the request unless, in the
opinion of the Chief Building Official of the Providing City,
such request would leave the Providing City inadequately staffed
at the time of such request. Requests not made in writing shall
be confirmed within five (5) working days by written notice as
provided in paragraph 13 below.
5. Hours of Service - Requested inspections and plan
reviews will be performed within the regular working hours of the
Providing City.
Page ## 1 of 2
6. Reimbursement - The requesting City shall reimburse the
• providing City for any building inspection assistance in the
amounts set forth in the attached Exhibit A, "Schedule of
Compensation".
7. Hold Harmless - The Requesting City agrees to indemnify
and save the Providing City harmless from and against any and all
claims, suits, actions , damages and cause of action for any
bodily injury, loss of life or damage to property sustained by
the Providing City, and shall indemnify and save the Providing
City• harmless from and against all costs, counsel fees, expenses
•and' liabilities incurred in and about any such claim, the
investigation thereof or the defense of any action or proceeding
brought thereon and from and against any orders, judgements or
decrees which may be entered therein. The Requesting City shall
further specifically defend any action or proceeding brought
against the Providing City as the result of any claim for bodily
injury, loss of life, or damage to property. The provisions of
this paragraph shall extend to the ordinary negligence of the
Providing City, or its officers or employees.
8. Requesting City Shall Supervise - The Chief Building
official of the Requesting City, or his designee, shall direct
the activities of the Providing City's Building Inspector within
the corporate limits of the Requesting City. However, the
Building Inspector or the providing City shall not be obligated
to obey any order which he reasonably believes to be either in
violation of the South Florida Building Code, the laws of the
Providing City, the State of Florida, or of the United States.
9. Providing City Takes Precedence Over Requesting City -
In the event the services of the personnel and equipment of the
Providing City, are requested within the geographic limits of the
Providing City, such personnel and equipment shall be dispatched
accordingly and such dispatch shall take precedence over any
promises, covenants or agreements herein contained. The deter-
mination of the need of the personnel and equipment of the
.Providing City within the geographic limits of such Providing
City shall be solely that of the Providing City.
10. Cancellation - This agreement may be terminated upon
thirty (30) days written notice given by either party to the
other.
11. Florida Statutes - The provisions of the "Florida
Governmental Cooperation Act," [Florida Statute 164.101 (1991) as
amended], and the provisions of the Florida Interlocal Cooper-
ation Act of 1969" [Florida Statute 163.01 (1991), as amended],
are incorporated into this agreement.
12. This Agreement shall be filed with the Clerks of the
Parties to this Agreement.
13. Notice - Unless otherwise provided in the Agreement,
notice shall be given from one party to the other in writing and
hand delivered or sent certified U.S. Mail (return receipt), to
the following individuals who are the Chief Building Official or
Chief Building Inspector with a copy furnished to the Chief
Executive officer of the City.
CITY OF TAMARAC:
John P. Kelly, City Manager
Dan Wood, Chief Building official
7525 N.W. 88th Avenue
Tamarac, Florida 33321
CITY OF OAKLAND PARK:
John A. Kelly, City Manager
Clark Richards, Chief Building Official
3650 N.E. 12th Avenue
Oakland Park, Florida 33334
If the names or addresses in this paragraph should change,
then notice shall be given.
Page #2 of 2
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ATTEST:
Carol A. Evans
City Clerk .
ATTEST:
CITY OF TAMA C:
By:
yor If. L. Bender
Date: /
4 John P. Kelly
--- City Man ger
Date:
Approved as to form:
City Attorney
CITY OF OAKLAND PARK:
By:
Mayor
Date:
By: By:
City Clerk City Manager
Date:
Approved as to form:
By:
City Attorney
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MUTUAL BUILDING INSPECTION ASSISTANCE AGREEMENT
CITY OF TAMARAC/CITY OF OAKLAND PARK
SCHEDULE OF COMPENSATION
(Chief) Building Official $50.00 per hour
Others (Inspector, Chief
inspector or Plans Examiner) $35.00 per hour
EXHIBIT A