HomeMy WebLinkAboutR-2021-119 BC ILA for Minimum Housing-Unsafe Structures BoardRESOLUTION NO.2021-119
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN INTERLOCAL AGREEMENT WITH BROWARD COUNTY
FOR REPRESENTATION RELATED TO THE CITY UNSAFE STRUCTURE
CASES PRESENTED TO THE COUNTY MINIMUM HOUSING/UNSAFE
STRUCTURES BOARD; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Dania Beach ("City") seeks representation related to the City
unsafe structure cases at hearings conducted by the Broward County Minimum Housing/Unsafe
Structure Board; and
WHEREAS, the City wishes to enter into an Interlocal Agreement ("ILA") for such
services to be provided by Broward County; and
WHEREAS, the ILA will provide the City with representation at the Broward County
Minimum Housing/Unsafe Structures Board for a period of five (5) years beginning October 1,
2021 up to and including September 30, 2026; and
WHEREAS, the Agreement provides for initial hourly rates for various levels of service
during the first year and further provides that the rates may be adjusted annually, by the County,
by an amount of up to five percent (5%) for normal labor and benefit costs, and by more than
five percent (5%) for natural disasters and other unforeseen events and circumstances; and
WHEREAS, the Agreement provides for cancellation of service upon ninety (90) days
written notice by either parry;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above "Whereas" clauses are ratified, made a part of and
incorporated into this Resolution by this reference.
Section 2. That the proper City officials are authorized to execute an Interlocal
Agreement with Broward County for representation related to the City unsafe structure cases
presented to the County Minimum Housing/Unsafe Structures Board. A copy of the Agreement
is attached as Exhibit "A", and it is incorporated into this Resolution by this reference.
Section 3. That the funds for these guaranteed partial service building code services
are planned and are appropriated in the Department's proposed 2021-22 fiscal year budget in an
annual amount not to exceed Five Thousand Dollars ($5,000.00) in the City's Building Permit
Fund, within the Professional Services Account, Account No. 107-15-02-524-3 1 -10.
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5. That this Resolution shall be in full force and take effect immediately
upon its passage and adoption.
PASSED AND ADOPTED on August 24, 2021.
ATTEST:': "1
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THO AS SCHNEI , CM •
CITY CLERK
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HE
APPROVED AS T O AND CORRECTNESS:
THO ASJ. BRO
CITY ATTO EY
2 RESOLUTION #2021-119
Return recorded document to:
Hipolito Cruz, Jr., Director
Broward County Building Code Services Division
2307 West Broward Boulevard, Suite 300
Fort Lauderdale, Florida 33312
Document prepared by:
Maite Azcoitia, Deputy County Attorney
Broward County Attorney's Office
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY
AND CITY OF DANIA BEACH FOR
BROWARD COUNTY STAFF SERVICES
IN CONNECTION WITH HEARINGS BEFORE THE
UNSAFE STRUCTURES BOARD
This Agreement is 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 Dania Beach, a municipal corporation existing under the laws of the state
of Florida, hereinafter referred to as "City," collectively referred to as the "Parties."
A. This Agreement is entered into pursuant to Section 163.01, Florida
Statutes, also known as the "Florida Interlocal Cooperation Act of 1969."
B. County maintains an Unsafe Structures Board ("Board") that hears and
disposes of cases brought by Building Officials to enforce minimum standards of
maintenance in accordance with the Florida Building Code.
C. Pursuant to Chapter 5 of the Broward County Code of Ordinances, the
Board is authorized to hear and dispose of cases brought by Building Officials.
D. City is desirous of utilizing the Board to hear and dispose of cases brought
by the City Building Official.
E. Pursuant to Chapter 5 of the Broward County Code of Ordinances and
Section 116 of the Florida Building Code, the Board has the authority to hear and
dispose of cases brought by the City Building Official.
F. County is willing to prepare and present cases brought by the City Building
Official ("Services") on the terms and conditions hereinafter set forth.
RESOLUTION #2021-119
Now, therefore, in consideration of the mutual covenants, promises, payments,
and representations herein, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
ARTICLE 1 - SCOPE OF SERVICES
1.1 County agrees to make the Board available to hear and dispose of cases brought
by the City Building Official for violations of the Florida Building Code.
1.2 Once City Building Official determines that a violation exists, County shall be
responsible for:
(a) filing a case with the Board on behalf of City; and
(b) noticing and conducting the hearings in accordance with laws, rules, and
regulations governing hearings before the Board.
1.3 County shall perform the above -described functions through the Building Code
Services Division, or any successor entity.
1.4 City shall be responsible for ensuring that the appropriate witnesses attend the
hearing(s) to provide the relevant testimony and evidence and for implementing the
orders and directives of the Board to cause the violation(s) to be corrected. The Parties
acknowledge that County is merely performing processing functions and providing
access to the Board as a vehicle for City to enforce the provisions of the Florida Building
Code. Accordingly, consistent with Article 5, City retains the responsibility for filing or
defending any appeal(s) of Board orders or defending legal actions arising from
enforcement actions taken by City pursuant to a Board order.
ARTICLE 2 - FUNCTIONS AND DUTIES NOT TRANSFERRED TO COUNTY
It is specifically understood and agreed that all rights and powers as may be vested in
City pursuant to Chapter 166, Florida Statutes, or any other law, ordinance, or Charter
provision of City not specifically addressed by this Agreement shall be retained by City.
ARTICLE 3 - COMPENSATION
3.1 County shall provide Services at the rate of Eighty-five and 67/100 Dollars
($85.67) per hour for the Code Enforcement Officer and Thirty-seven and 70/100
Dollars ($37.70) per hour for clerical support. Included in said costs are charges for
mailings, publication, photos, posting of property, and other ancillary costs. Overtime,
when approved by City prior to the overtime Services being provided, shall be at one
and one half the normal hourly rate. All hourly charges shall be billed in increments of
thirty (30) minutes. County shall not exceed a total cost, per case, of Five Hundred and
00/100 ($500.00) without written authorization from City. All costs shall be properly
documented and such documentation provided to City with the monthly invoices.
4 RESOLUTION #2021-119
3.2 County shall invoice City on a monthly basis for actual services provided during
the preceding month. City shall reimburse County within thirty (30) days after the date
of the invoice.
3.3 Fines and liens recorded against property shall run in favor of City.
3.4 The amounts set forth in Section 3.1 shall be adjusted annually by County by an
amount not to exceed five percent (5%) to address increases in operating and labor
costs. Notwithstanding the foregoing, County may also adjust the amounts set forth
above by amounts exceeding five percent (5%) in order to address natural disasters
and other unforeseen events and circumstances. No later than May 1st of each year,
County shall provide City with notice of anticipated increases, if any. Any increases
shall take effect on October 1st, following the May 1st notification.
3.5 City shall be responsible for the actual costs of the services delineated necessary
to implement orders and directives of the Board to cause the violations(s) to be
corrected. Such costs shall include, but are not be limited to, boarding up property and
demolition necessary to remove the violation(s).
ARTICLE 4 - TERM OF AGREEMENT
4.1 This Agreement shall commence on the date it is fully executed by the Parties
and shall continue in full force and effect until midnight, September 30, 2026.
4.2 This Agreement shall continue in full force and effect unless written notice of
termination by County or City is provided pursuant to Article 8, Notices. Unless
terminated as provided in Article 7, Termination, this Agreement may be renewed for
successive five (5) year periods upon request of City and upon written acceptance by
the County Administrator.
ARTICLE 5 - GOVERNMENTAL IMMUNITY; INDEMNIFICATION
Nothing herein is intended to serve as a waiver of sovereign immunity by any party nor
shall anything included herein be construed as consent to be sued by third parties in
any matter arising out of this Agreement or any other contract. City and County are
state agencies or political subdivisions as defined in Chapter 768.28, Florida Statutes,
and agree to be fully responsible for the acts and omissions of their agents or
employees to the extent permitted by law. Notwithstanding the foregoing and to the
extent City presents cases before the Board pursuant to this Agreement, the Board is
not an agent of County. Accordingly, City agrees to indemnify and defend Broward
County and its officers, directors, agents, and the Board from any and all claims, causes
of action, and demands of any nature, whether known or unknown, arising out of or in
connection with the Board's disposition of any case(s) heard on behalf of City pursuant
to this Agreement.
5 RESOLUTION #2021-119
ARTICLE 6 - INSURANCE
County is self -insured in accordance with provisions set forth within Section 768.28,
Florida Statutes.
ARTICLE 7 - TERMINATION
This Agreement may be terminated by either party upon thirty (30) days notice to the
other party of such termination pursuant to Article 8, Notices. Within sixty (60) days of
termination of this Agreement, County shall forward to City all documentation related to
cases previously heard or being prepared to be heard by the Board.
ARTICLE 8 - NOTICES
Any and all notice required or given under this Agreement shall be in writing and may be
delivered in person or by placing in United States mail, postage prepared, first class and
certified, return receipt requested, addressed as follows:
To County:
Director, Broward County Building Code Services Division
2307 West Broward Boulevard, Suite 300
Fort Lauderdale, Florida 33312
With copy to:
County Administrator
115 South Andrews Avenue, Suite 409
Fort Lauderdale, FL 33301
To City:
City Manager
100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
ARTICLE 9 - MISCELLANEOUS PROVISIONS
9.1 Public Records. The Parties shall comply with all public records requirements of
Chapter 119, Florida Statutes, as may be required by law.
IF EITHER PARTY HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO A
PART'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE BROWARD COUNTY
CUSTODIAN OF PUBLIC RECORDS, ANDREA RULKA, AT
(954) 765-4400, ext. 9882, ARULKA @broward.org, 2307 WEST
BROWARD BOULEVARD, SUITE 300, FORT LAUDERALE,
6 RESOLUTION #2021-119
FLORIDA 33312, OR City's Custodian THOMAS SCHNEIDER,
AT TSCHNEIDER(a-)-DANIABEACHFL.GOV, 954-924-6800, ext.
3623, 100 W. DANIA BEACH BOULEVARD, DANIA BEACH,
FLORIDA 33004.
9.2 ASSIGNMENT: County shall perform the selected Services provided for in this
Agreement exclusively and solely for City that is a party to this Agreement. Neither
party shall have the right to assign this Agreement.
9.3 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.
9.4 SEVERABILITY: In the event any part of this Agreement is found to be
unenforceable by any court of competent jurisdiction, that part shall be deemed severed
from this Agreement and the balance of this Agreement shall remain in full force and
effect.
9.5 ENTIRE AGREEMENT: This document incorporates and includes all prior
negotiations, correspondence, conversations, agreements, and 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.
9.6 INDEPENDENT CONTRACTOR: County is an independent contractor under this
Agreement. Services provided by County pursuant to this Agreement shall be subject
to the supervision of County. In providing such Services, neither County nor its agents
shall act as officers, employees, or agents of City. This Agreement shall not constitute
or make the Parties a partnership or joint venture.
9.7 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. Amendments adding or deleting services to the Scope of Services under
Article 1 may be approved by the County Administrator.
9.8 THIRD PARTY BENEFICIARIES: Neither County or City intends to directly or
substantially benefit a third party by this Agreement. Therefore, the Parties agree that
there are no third party beneficiaries to this Agreement and that no third party shall be
entitled to assert a claim against either of them based upon this Agreement.
9.9 COMPLIANCE WITH LAWS: The Parties shall comply with all applicable
federal, state, and local laws, codes, ordinances, rules, and regulations in performing its
duties, responsibilities, and obligations pursuant to this Agreement.
7 RESOLUTION #2021-119
9.10 LAW, JURISDICTION, VENUE, WAIVER OF JURY TRIAL. This Agreement
shall be interpreted and construed in accordance with and governed by the laws of the
state of Florida. The Parties agree that the exclusive venue for any lawsuit arising from,
related to, or in connection with this Agreement shall be in the state courts of the
Seventeenth Judicial Circuit in and for Broward County, Florida. If any claim arising
from, related to, or in connection with this Agreement must be litigated in federal court,
the Parties agree that the exclusive venue for any such lawsuit shall be in the United
States District Court or United States Bankruptcy Court for the Southern District of
Florida. BY ENTERING INTO THIS AGREEMENT, CITY AND COUNTY HEREBY
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY
JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT.
9.11 PRIORITY OF PROVISIONS. If there is a conflict or inconsistency between any
term, statement, requirement, or provision of any exhibit attached hereto, any document
or events referred to herein, or any document incorporated into this Agreement by
reference and a term, statement, requirement, or provision of this Agreement, the term,
statement, requirement, or provision contained in Articles 1 through 9 of this Agreement
shall prevail and be given effect.
9.12 DRAFTING: This Agreement has been negotiated and drafted by the Parties
and shall not be more strictly construed against any party because of such party's
preparation of this Agreement.
9.13 INTERPRETATION. The headings contained in this Agreement are for reference
purposes only and shall not in any way affect the meaning or interpretation of this
Agreement. All personal pronouns used in this Agreement shall include the other
gender, and the singular shall include the plural, and vice versa, unless the context
otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter"
refer to this Agreement as a whole and not to any particular sentence, paragraph, or
section where they appear, unless the context otherwise requires. Whenever reference
is made to a section or article of this Agreement, such reference is to the section or
article as a whole, including all of the subsections of such section, unless the reference
is made to a particular subsection or subparagraph of such section or article.
9.14 INCORPORATION BY REFERENCE. Any and all Recital clauses stated above
are true and correct and are incorporated herein by reference.
9.15 REPRESENTATION OF AUTHORITIY. Each individual executing this
Agreement on behalf of a party hereto hereby represents and warrants that he or she is,
on the date he or she signs this Agreement, duly authorized by all necessary and
appropriate action to execute this Agreement on behalf of such party and does so with
full and legal authority.
9.16 RECORDING: This Agreement shall be recorded in the Public Records of
Broward County, in accordance with the Florida Interlocal Cooperation Act of 1969.
8 RESOLUTION #2021-119
9.17 NO CONTINGENT FEES. County warrants that is has not employed or retained
any company or person, other than bona fide employees working solely for County, to
solicit or secure this Agreement, and that has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than bona fide employees working solely
for County, any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement.
[Remainder of page intentionally left blank]
9 RESOLUTION #2021-119
IN WITNESS WHEREOF, the Parties hereto have made and executed this
Interlocal Agreement between County and City for staff services to be performed by the
Broward County Building Code Services Division of the Environmental Protection and
Growth Management Department in connection with hearings before the Broward
County Unsafe Structures Board on the respective dates under each signature:
Broward County, signing by and through its Mayor or Vice -Mayor, authorized to execute
same by Board action on the day of , 20 , and City,
signing by and through its , duly authorized to execute same
by Commission action on the day of , 20
ATTEST:
Broward County Administrator, as
ex officio Clerk of the Broward County
Board of County Commissioners
County
Broward County, by and through
its Board of County Commissioners
Mayor
day of , 20
Approved as to form by
Andrew J. Meyers
Broward County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Maite Azcoitia (Date)
Deputy County Attorney
10 RESOLUTION #2021-119
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA
BEACH FOR BROWARD COUNTY STAFF SERVICES IN CONNECTION WITH
HEARINGS BEFORE THE UNSAFE STRUCTURES BOARD
Attest:
city
City of Dania Beach
Tamara James, Mayor
Thomas Schneider, CMC day of , 20
City Clerk
MA/
#21-49
BCSDunsafe DaniaBeach-a01
Ana M. Garcia, ICMA-CM
City Manager
day of , 20
APPROVED AS TO LEGAL FORM:
Thomas J. Ansbro, City Attorney
11 RESOLUTION #2021-119