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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 ave pp roved this RESOLUTION MAYOR BFNt7ER .......n..uu w�.r.w.w.a as t orm. DISTRICT 1 : /M KA 116 - DI TRJCT 2: V/MaCfjUM,6NU MITC LL . KRA T DISTRICT 3 C/M -�t;�-HFjEiBER CITY ATTORNEY DISTRICT 4; C/M ABRAMOWITZ 11 K- 1pCrr 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 11 �� 4- 9,2-1� 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 0 0 L� 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