HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-0781
Temp. Reso #8905
3/13/00
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2000- 79
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE THE INTERLOCAL
AGREEMENT BETWEEN BROWARD COUNTY AND THE
CITY OF TAMARAC FOR INSPECTION, PLAN REVIEW,
BUILDING OFFICIAL OR OTHER SERVICES TO BE
PERFORMED BY THE BROWARD COUNTY BUILDING
CODE SERVICES DIVISION IN THE EVENT THERE IS A
STAFF SHORTAGE AT A RATE OF FORTY DOLLARS
($40.00) PER HOUR, OR BUILDING OFFICIAL SERVICES AT
A RATE OF FIFTY DOLLARS ($50.00) PER HOUR, NOT TO
EXCEED $20,000 ANNUALLY; REPEALING RESOLUTION R-
99-241 IN ITS ENTIRETY; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Tamarac desires to maintain a high level of inspection
service; and
WHEREAS, in the event of a prolonged absence of qualified inspection personnel
or Building Official the City would be unable to provide these services to the construction
industry; and
WHEREAS, the Interlocal Agreement provides the City with the option to
temporarily appoint the County as the Building Official, upon written notice from the City,
should the City's Building Official be unable to serve for any reason; and
WHEREAS, Broward County has offered this service at a nominal fee with no
commitment from the City of Tamarac; and
2
Temp. Reso #8905
3/13/00
WHEREAS, representatives of the County and the City of Tamarac have negotiated
a means and method to accomplish the objectives of providing the inspection services by
the execution of this Interlocal Agreement, which, by its terms, shall provide for certain
monetary payments from the City to the County; and
WHEREAS, the City Commission previously approved the execution of a prior
version of this Interlocal Agreement for Inspection, Plan Review, and Building Official
Services in Resolution R-99-241 which was executed by the City and sent to Broward
County for its execution(R-99-241 and prior agreement attached hereto as Exhibit 1); and
WHEREAS, Broward County updated its standard Interlocal Agreement subsequent
to the City's execution and prior to County execution and therefore did not accept the prior
version executed by the City; and
WHEREAS, the revised version of the Interlocal Agreement was delivered to the
City on February 11, 2000; and
WHEREAS, available funds exist in the General Fund budget for said purpose; and
WHEREAS, the Building Official recommends approval; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests 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:
3
Temp. Reso #8905
3/13/00
SECTION 1: That 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 hereby authorized to execute the
Interlocal Agreement Between Broward County and the City of Tamarac for the Provision
of Inspection, Plan Review, Building Official or Other Services to be Performed by the
Broward County Building Code Services Division (attached hereto as Exhibit 2), at a rate of
forty dollars ($40.00) per hour for inspection services, fifty dollars ($50.00) per hour for
Building Official services, not to exceed $20,000 annually.
SECTION 3: Resolution R-99-241, and the associated Interlocal Agreement, is
hereby repealed in its entirety.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 5: 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.
4
Temp. Reso #8905
3/13/00
SECTION 5: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this 22 day of March, 2000.
E SCHREIBER
Mayor
ATTEST:
d-4�� —
CAROL GOL MC/AAE RECORD OF COMMISSION V
City Clerk MAYORSCHREIBER�L
DIST 1: COMM. PORTNER
DIST 2: COMM. MISHKIN ,
REBY CERTIFY that I have DIST 3: COMM. SULTANOF
ap roved this REWLUTION as W ferrn.— DIST 4: V/M ROBERTS
WfnELL S
City Attorney
1
r�
•
Exhibit ' "-
Temp Peso - 3696
�ev i se_ :3/09/99
INTERLCCAL .=,i3REz'. =`; i
Between
BR&,'IARD C OUI`�7;-
and
CITY OF
for
INSPE;; i 10N SERVICES, PLAN REV!E;%/ nND BUILDING
OFFICIAL SERVICES 70 S= = RMEC',
BY THE ERC',',',�Rp COUNTY BUILDING CCSE �c:�VlCcs DiVISi01
This is an Interlocal Agreement. made Y -d �.^.cered r,to and ~etwesn_
BROWARD COUNTY political subdivision cf ttie v
as "COUNTY," sta:a _: `'OriQa, rere:naftar raerren ti
AND
CITY olr TAHWttrtc a municipal corporation existrg under,.~a laws of ;he state
of Florida, hereinafter referred to as "CITY -
WHEREAS tt-:s ri7reement is ?ertXrec - - - .- -
' S t.e:ut_s
F.y
also known as the ...ca Interiocal - _..-..
WHEREAS E,=,C','ARD CCUNIY0cda SY.. ccc C ,is:on
conducts plan examira::Y;---..�.. = - r� ;rat
s and,nspecr:crs ....rsuart ._ . scut:,, F'C.".za �_..=:r_ Czce- and
WHEREAS, the CITY :s desirous c� - see, = � '. f
Performance of Ian e, °cur;r� services s. . %.� NTY or ire
P am►nations and/or .. °ec':„-s c;:rsuant :o t, a S Yu;n Flor:aa
Building Code w,tnin the municipal boundaries er ;he C;"{
end
WHEREAS. =21 Y, ttlrougn saia
pursuant to the terms ar,C
conditions herec..�. �- ., . '••.•,l _�E� - -
IN CONS IDEP-A i(-jN or the m _� - � _. utual •--'ms -s o; or,-;:sas 'e^a-:ts a,..-
payments hereinafrer �
ortn I:DUNTY _--.o C1 T >'
0 ARTICLE I - SCOPE ;;F S- ,I,, = -
t CITY cgrees t:; ;;ansfer ;c COUNT( •"e a•
plan revie:v services ,r cc _ arch
t 2. COUNTY steal► c arrcrrt ,he Services
Code Services Division, or any successor Uiv;sion as Tay ce des---a:=o
Administrator - .. the Count
1.3. Additional inspection and/or plan review services may ce crcviaed to CITy upoi
written request to the Director of Building Ccde Services D:•:is:or, subiaw; ;- the availabilit
of inspectors to perform such services. CITY snail ccmper.sa:e COUNTY for suci
additional services in accordance with Section 3, HOURS C, :.ERVICE AN[
COMPENSATION.
1.4. It is understooa and agreed ,,at COUNTY .a f c a-- „
a:C'ti7nc=m}Personne! to perform the Services
required unaer tt-:s Aareer.^.em.
ARTICLE 2 - FUNCTIONS AND DUTIES ;NOT ; RANS; E; =,= : C COUNTY
2.1 It is specifically understood and agrees that ail rights ana cov. nrs as .-r:a� ce vest
in the CITY pursuant to Chapter 166, Fiorica Statutes. cr any other :aa c- crdir;ance of
Charter provision of the CITY not specifically addressed b_r this r-grAs►,�,ant snail bE
retained by CITY. It is further understood ana a:jreac :..ao, !.",s A
to address any of the functions listed t--elo i - r S o,
Engineering
Water f: ahageme,;
Drainage District.;
Traffic Engineering
Natural Resource
Health Department
Fire Protection
2.2 In the event CITY desire CCUNTY--
s ,o have
separate agreement shall be re^uirec t:n:.Veen :'^{
2.3 CITY ana COUNTY agree ,rat the
South Fiorida Building (::de snail _ - = -•_ __�."_
rct
However, CITY m
ay from time to ,ime request ,:-.e
services as set form herein r -
2-
ARTICLS 3 - HOURS OF C_--4,1PE7•iSAT;CN
3.1 CITY agrees ro reimourse COUNTY ,`C,- rr-e Se^itces c-::,;:ded. as nesced.
pursuant to Schedule X' in the estimated tcta; a, -mount. r:ot to exceed. Tw- enty
Thousand and 00/100 Dollars ($20,QOQ), r,ot to exceed an estimated total of
500 hours. CITY and COUNTY agree that the aoove 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 Offtciai Services and Forty Dollars($40.00)
per hour for all other services.
3.3 COUNTY shall invoice CITY on a menth;y basis ;;Cr actual service
provided to CITY by COUNTY during the prece, i; _ month. C:TY shall reimburse
COUNTY within forty-five (45) days of the sate cf te invoice.
3.4 In the event CITY requests that COUNTY perio;m addit:onai 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 ail 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 (00) days ro;:oe rc ""N7Y orcar affora
COUNTY the oppo7unity to cotam anv acdi cnc: ..-:-a•v :. e rec;.c:reo
to provide the requsstec s::;,c;eme.^.tarp serr�oss. Y~ry
ARTICLE 4 — TERM OF AGREE%RENT
4.1. This Agreement shall become effective r: :2.01 a.m.. upon execution ov
COUNTY. and shall continue in full force ano midnicn't. Qwo-
year period).
4.2. This ,agreement snail remain in full farce ad e'ect mess ;;;rite.^. notice cr
termination oy the COUNTY :r the CITY is prcv!cec ..-,rsuant '- =6c::::n 3
NOTICES. Unless iermmatec as provided c :- - -v
TERMINATION. this H reem �@ •���:.. .� �..ct:�:'. ..
• q ent may rene.-rec ;c..s�ccessive ^.-io year
periods upon request of CITY ona upon accecr -Y c•; COUNT'!
F1l
•
To the extent 'crcvloed c . ,;�,v a = _
arty h Cn Part; 'r=� and r
F' armless from and a c• ; 7 r y� :c 'woan._ ' c;o tna =:nar
kind or nature arising out of an ,-r l c, mis demo,;;.; :r cG_ as :.::-:;on of wnatsca:-er
the other or, omrsSion negt:rer:t scts aa:;b;•;ct Cr misccr,Cuct
Harty, its agents servo::s or employees
ARTICLE 5 • INSUPAIVCE
For the term of this Agreement. COUNTY snail maintain :n full force and effect
insurance policy(ies) or self insurance funds in the rn;nimu„ i amcu:: stated in 7
Florida Statutes. Where such ozverage is Provide^ b,j ,, Sa `�'
shall be authorized to transact a;:s;ness in the star - P: rcrasec �surance• c"e insurer
"s nr, F!--r;ca.
ARTICLE 7 - TERM I,NA ; ► C iN
This Agreement may be terminated by either pary ucon wntt
=Y ?} months
notice to the other party of such termination pursuant ,o Sect:cn a_ NOTICES, herein. en
ARTICLE 8 - NOTICES
Any and all notices given or real e� '
delivered in-,..•r.._ under'Ns
,;s Agreem:.-r; s,:a;i b� ~ ::citing and ,;;ay Ce
person or by Uniteo States mail ^� Arai
return recei t re a r` 5t=� - - u• • '3: ;.:ass and CarTlfi=,.
p quested, addres;e•" as fcilows
IF Tn COUNTY
Director, Browaro Ccunry
955 South Federal
.:;la►ng Code
Fort Lauderoale. F:onoa
With copy to.
County Administrator
115 South Andre;,/s ,:aver,-y Suite 4^9
Fort Lauderdale ;=,or,oa �� 1
IF Tn CITY
CITY ` kN,jGCR
c. TY uF i.'..`tnkn�,
7525 NW 88 A'; F:,rUr
0 ARTICLE a -,MISCELLANEOUS PROVISiONS
9 1 Assignment: COUNTY shaJ oerfer-n the ;rscec;:on analcr c:sn re' vie ; services
provided for in this Agreement exc:usively ana so►e! y z CITY ;►;.: , a ca, ;y to this
Agreement. CITY shall not have the right to assign, ;s e-kgreemen.,.
9.2. Waiver: The waiver by either party of any failure on the part c='a o;ner party to
perform in accordance with any of the terms or ccncitior.s of this Agreement shall not be
construed as a waiver of any future or continuing simiiar or dissimilar failure
9.3. Severability: The invalidity of any provision of this Agreement shalt in no way affect
the validity of any other provision.
9.4. Entire Agreement: It is uncerstoco ana agrees :nat tn, A-rae:ne-t :"cz:rporates
and includes all prior negotiations. agreements or ur:aers:Y-c:;-gs acc:;cac:e :c •-
contained herein and the parties agree hat there a-„ . Y matters
3 nn .•.+
a t mmitmer::s. agree:�ents or
understandings concerning the subject matter of this Agreement that a:e not contained in
this document. Accordingly, it is agreed that no deviation from the ter^:s hereof shall be
predicated upon any prior representations or agreernSnts, whether cri or written.
. 9.5. Modification: It is further agreed that no modifications. amendr:ents cr alterations
in the terms or conditions contained herein shall be ef=ectrfe unless cc;:tainea In a written
document executed with the same formality and of equal dignity herewan.
9.6 Choice of Law; Waiver of Jury Trial: Any ccn;r,;,ers;es cr iegai a+sing out
of this transaction and any action involving ne
hereunder shall be _ ; - a„v rights
sc:bm►tted to tr"e ,::r:sa►;.:�= --, S•_ _ .. - -- --- �==:^:eentn
Judicial Circuit of Browara Counry, r= ;a --- , W�u. _ _ rr wr:Y _ _ __ _ = - _
laws of the State of F �. - ' " a.. - - - = ,f the
lonaa. To encc;;ra•ge ^r ct an resc;..::_- -- a-v .,tioauon
that may arise hereunder, each pony heresy �:ra►ves_
of any such litigation. g,as a ...ay r_ •r-: b.�. .,, y jury
9.7 Drafting: This Agreement has o .. een ne70t:atec :-c w-a::ed by a.! :e5 -sreto and
shall not be more strictly construed against ar.v .:arty ce-c;;Se c- sucr s roaration
of this Agreement.
•
IN WITNESS e parties r
P ne e:c . ?'re ,.'c�; :-.a exec:. -.a
•agretiment 8et�:rea� 3; o. ,cl- ,. � ._ ....�
,;arc CJUnt'!
Serv!ces/Plan I�p r,e.: ; b? Per ormea S• They �~
Division an the res e .4 � E:..•.ara Cam.:r.ty
p caies ::rider eacn siara -a BRC.'.'r.RD COUNT%
BOARD OF COUNi1" C�MMI -, :rrr;,ucn
SS,�NEn:,. s.gnin� s area tr.- :ucn ;ts C,-a;r cr v.ce C- r authcr;zed to exec-te same b}
zaara E 1c., :ne day
(date) and t`;a CITY sign;na by and ;nrougr.
authcnzed to exectr;e same Dv Commission acticn cn the
day or
idatel.
ATTEST:
County Administrator and Ex-
Officio Clerk of the Board of
County Commissioners of Broward
County, Florida
0
COUNTY
BRC': BARD COUNTY, ;;.roucn its
BOARD OF COUNTY S
By
Chair
.. day cf
Approved as to form
Office z— Cz;unty Attcrnay
for Browar- County. F'^=
EDWARD A. DION-
GovW
......"."C., s .'.. y. .
For, �_.:cerca:a F crtca 3
Telec-zne- ;c541 -7=n0
Teia•��..Yr. =: Q� �r.,�r W r
By
Pame:a IM Kane
•
.7
IN VVITNESS ',,%1-iERE,.-- ;neparties nare�a�emancax..: .
�:fn;e�Z.,
.agreement Between Sro:var : Count, _,,;Q ;r :gar. _
Serv+cesiPlan ' _ or ;-soe•�....:-
Revie ' co tie Periormea By The Grc•.varo C�.:r.ty 6 �ila;r. ;,aye Seri cc;
Division on the resoect;,:e dates under e. cn s;gr.�::.-e BRO -%'ARD CCUN7
BOARD OF COUNT`r' ;;,t`cucn :;
SOf41MISSiONERS. s:gninc z. ana tr.r ;ucn ;ts C;na�r
�+' 1/iCe
authcr;ced to execute :ame by Soar❑ m'ricn .;r. :ne
day •:
(data) and tt-a CITY. signing Cy and ;nrougn ;:s
authcrized to execute same oy Commission acticn cn the
day ar� (data).
ATTEST.
County Administrator and Ex-
Offtcic Clerk of the Board of
County Commissioners of Broward
County, Florida
SRO':VARD COUNTY, "c-Xoucn its
BOARD OF COUNTY C01MM;SSIC
(�tERS
By
Chair
day of
Approved as to form
Office ..: Curry Attorney
for Broward Coc:nty. F?cr:ca
EDWARID A. DION Cc::,,...
Gove- ..- en:=: C an:-. _ _.._
For, L .:aprw=:e F"^ra Cof a ?-7.... .
Teleo:-cne 41
Ta;Y :,....ter =11 7-"� :�E
+.r r v....
By
Pame:a ❑tit Kane .
•
r�
L
IN WITNESS ��NERECr ;ne parties ner -
P et..:-a•��e mac:er. .o ex.. .s in;er�-
,agreement Between Sro:.ar: County ,a ;r .Isr.:,, .,......... .,
Services/Plan Revie:v to be �, `� 'cr ;�soe•�....;-
Fertormeo S, The er; c.,ara C.:.:nry Buflair. C :cz 5.arrcei
Division on the respec:ae dates under each s�ana:_: e BRC .':ARD COUNT.'
BOARD CF CQ NT1•'
U COMMISSiONERS. s;gn►ng c. an.o tt,.r ;ugn ,ts C; .a;r cr V,ce Cna:.
authorized to executa same by Scara Ysticn L" :he
� day '=
(date) and tha CITY. signing by and ;~rougr. ::,
day or authorized to execute sa,;,e oy Conmiss;on acticn cn the
ATTEST. -
County Administrator and Ex-
Offtcio Clerk of the Board of
County Commissioners of Sroward
County, Florida
BRO'.VARD COUNTY, ;:,rougn its
BOARD OF COUNTY COf.1ti11SSiC,�1E=:�
By
Chair
duty of
Approved as to form
OffrcE cf County Attcrnay
for Broward County. F'Cnc.
EDW.ARD DION C.a:r:"' .:...,...
For ��,:!1e."^.:3 ~•cri4G ... .
Telec:nc -e: (rvTI V!l _ 1n-
Ta e-c412:
By
aame:a N1 Kane .
-5-
C7
Resolution R-2000-78
Interlocal Agreement with Broward County
Building Inspections
Signed Agreement
•
Exhibit #2
Temp Reso #8905
i INTERLOCAL AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
INSPECTION, PLAN REVIEW, BUILDING
OFFICIAL OR OTHER 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,"
fN-91
0 CITY OF TAMARAC
a municipal corporation existing under the laws of the state
of Florida, hereinafter referred to as "CITY."
C]
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, inspections, Building Official and other Services pursuant to
the South Florida Building Code; and
WHEREAS, the CITY is desirous of procuring all or some of the Services of
COUNTY for the performance of plan examinations, inspections, Building Official or other
Services 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:
CAF#230A
2/11 /00
ARTICLE 1 - SCOPE OF SERVICES
1.1. CITY agrees to transfer to COUNTY the authority to perform the Services checked
below in accordance with Schedule "A" attached hereto ("Services") -
PLEASE CHECK THE APPROPRIATE SECTION(S) BELOW.
[ g] Inspection Services.
[ g] Plan Review Services.
[ ] Building Official Services - On (date),
CITY appointed BROWARD COUNTY as the Building Official for the CITY
pursuant to the requirements of Section 201.1(A)(1) of the South Florida
Building Code
[ ] Process all permit applications in accordance with the fee schedule
approved by the Board of County Commissioners as set forth in Chapter 40,
Part VII, Broward County Administrative Code, as such fee schedule may be
amended from time to time. All fees shall be retained by COUNTY and no
other reimbursement from CITY will be required.
[ ] OTHER
1.2. COUNTY shall perform the above 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. It is understood and agreed that COUNTY may be required to employ additional
personnel to perform the Services required under this Agreement.
1.4. Additional Services, including inspection, plan review or temporary building official
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 at the rate of Fifty Dollars
($50.00) per hour for temporary Building Official Services and Forty Dollars ($40.00) per
hour for all other Services.
ARTICLE 2 - FUNCTIONS AND DUTIES NOT TRANSFERRED TO COUNTY
CAF#230A
2/11/00 2
•
. 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
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 If temporary Building Official Services are not selected above and on Schedule "A,"
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 temporary Building Official
0 Services at the rate of $50.00 per hour, dependent on availability of COUNTY resources
2.4 If temporary Building Official Services are not selected above and on Schedule "A,"
inspection and plan review Services shall be on as needed basis as determined by the
CITY Building Official, dependent on availability of COUNTY resources.
ARTICLE 3 - COMPENSATION
PLEASE CHECK THE APPROPRIATE SECTION BELOW.
3.1 [ ] Permits shall be issued by COUNTY in accordance with the fees charged
pursuant to Chapter 40, Part VI I, Broward County Administrative Code, as
such fees may be amended from time to time. All fees shall be retained by
COUNTY and no other reimbursement from CITY will be required.
3.2 [g ] CITY agrees to reimburse COUNTY for the Services provided pursuant to
Schedule "A" in the estimated total amount of 'wEm THOUS"D
and 00/100 Dollars ($ 20,000.00 ) per year. CITY and COUNTY
agree that the above amount is estimated in order to afford COUNTY the
opportunity to have the necessary resources available to provide such
Services.
CAF#230A
2/11 /00 3
3.2.1. COUNTY shall provide the Services set forth in Section 1.1 above
and on Schedule "A" at the rate of Fifty Dollars ($50.00) per hour for Building
Official Services and Forty Dollars ($40.00) per hour for all other Services.
3.2.2. COUNTY shall invoice CITY on a monthly basis for actual Services
provided to CITY by COUNTY during the preceding month. CITY shall
reimburse COUNTY within forty-five (45) days of the date of the invoice.
CITY shall be invoiced for fractional portions of an hour at the rate set forth
herein. Any sums paid to the COUNTY are non-refundable to the CITY
except as provided in Section 7, TERMINATION, wherein the CITY would be
entitled to a pro rata reimbursement in the event COUNTY terminates this
Agreement.
3.2.3. In the event CITY requests that COUNTY perform additional
inspection, plan review and/or building official Services which exceed the
estimated total amount set forth in subsection 3.1 above, CITY shall
reimburse COUNTY at the rate of Fifty Dollars ($50.00) per hour for Building
Official Services and Forty Dollars ($40.00) per hour for all other Services
hereunder, payable monthly.
3.2.4. In the event additional Services are required to be provided by •
COUNTY to CITY which exceed 50% of the estimated total amount set forth
in subsection 3.2 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 upon execution by COUNTY and shall
continue in full force and effect until midnight, MARCH 22 , 2002 _ (Date)
4.2. This Agreement shall remain in full force and effect through the termination date as
set forth above, 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.
ARTICLE 5 - GOVERNMENTAL IMMUNITY
CITY is a state agency as defined in Chapter 768.28, Florida Statutes and COUNTY
is a political subdivision of the State of Florida. Bach agrees to be fully responsible for
CAF#230A
2/11 /00 4
acts and omissions of their 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
COUNTY is self insured in accordance with provisions set forth within Section
768.28, F.S.
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 8 - 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:
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
CAF#230A
2/11/00
5
TO CITY: with copy to: 0
City Manager
7525 NW 88 Avenue
Tamarac, FL 33321
City Attorney
7525 NW 88 Avenue
Tamarac, FL 33321
ARTICLE 9 - MISCELLANEOUS PROVISIONS
9.1. ASSIGNMENT: COUNTY shall perform the selected Services provided for in this
Agreement exclusively and solely for the CITY which is a party to this Agreement. Neither
party shall 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. 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 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. 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.
CAF#230A
2/11 /00 6
L.J
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.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
CAF#230A
2/11100
7
IN WITNESS WHEREOF, the parties hereto have made and executed this Interlocal
Agreement Between Broward County and City of Tamarac for selected Services to
be Performed by the Broward County Building Code 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 9 ncl day of _ In a.� -,ZaoO (date) and the
CITY, signing by and through its new- , authorized to execute same
by Commission action on theaand djy of )-yA&rc.. o7CxaO (date).
COUNTY
ATTEST:
County Administrator and
�� COP.��' '-
Officio Clerk of the 8oa��r�'it In
County Commissioner f o�"Fd
County, Florida Of 0C7-Arrz0% o
c+�
191's _ .�
Ck" f� r
CAF#230A
2/11 /00 8
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By
1 Chair
v�0 day of r �'1 d[ (date)
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
By
Assistant County Attorney
•
•
•
•
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND city of Tamarac
FOR SELECTED SERVICES TO BE PERFORMED BY THE BROWARD
COUNTY BUILDING CODE Services DIVISION
CITY
CITY OF )9-
Attest: � ,
%
B
y
(� Mayor -Commissioner
City Clerk 1.42day of � (date)
CAF#230A
2/11/00
�61
B y ���� ��'�6 1-,
City Manager
0?9 day of �7►•�•+.cG•� (date)
SCHEDULE "A"
I. SOUTH FLORIDA BUILDING CODE INSPECTION, PLAN REVIEW AND/OR
BUILDING OFFICIAL SERVICES
Indicate service requested:
"FS" for full service
"PS" for partial service
"NS" for no service
1.
Structural
2.
Plumbing
3.
Electrical
4.
Mechanical
5.
Fire
6
Mobile Home
II. OTHER Services
1.
Permit Issuance
2.
Building Official
functions required by
South Florida
Building Code
3.
Code Enforcement of
of the South Florida
Building Code
CAF#230A
2/11 /00
INSPECTIONS
PS
PS
PS
PS
NS
NS
NS
NS
NS
10
PLAN REVIEWS
PS
PS
PS
Ps •
NS
NS
•