HomeMy WebLinkAboutR-2011-010 - Interlocal Agreement w/BC for Representation of City Unsafe Structures Board RESOLUTION NO. 2011-010
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 PRESENTATION OF CITY UNSAFE STRUCTURE CASES TO THE
COUNTY MINIMUM HOUSING/UNSAFE STRUCTURES BOARD;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That the proper City officials are authorized to execute an Interlocal
Agreement with Broward County for presentation of City unsafe structure cases to the County
Minimum Housing/Unsafe Structures Board. A copy of the Agreement is attached, marked as
Exhibit"A", and it is incorporated into this Resolution by this reference.
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 3. That this Resolution shall be in full force and take effect immediately
upon its passage and adoption.
PASSED AND ADOPTED on February 8, 2011.
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C. K. McELYEA
ATTEST: 4o,�A�IS F Torh MAYOR-COMMISSIONER
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LOUISE STILSON, CMC
CITY ATTORNEY
A1'E� 1
APPROVED AS TO gORM AND CORRECTNESS:
THO AS J N B O
CITY ATT RNEY
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Return recorded document to:
Armando Linares,Director
Permitting, Licensing and Consumer
Protection Division
I North University Drive, Bldg B, #302
Plantation, FL 33324
Document prepared by:
Mona FandeL Consumes Protection Administrator
Permitting,Licensing and Consumer Protection Division
1 North University Drive,Bldg.B,#302
Plantation,FL 33324
INTERLOCAL AGREEMENT FOR REPRESENTATION AT {
HEARINGS BY THE BROWARD COUNTY
MINIMUM HOUSINGVNSAFE STRUCTURES BOARD
TO BE PROVIDED BY THE BROWARD COUNTY PERMITTING, LICENSING AND
CONSUMER PROTECTION DIVISION OF THE
ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT
This 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/TOWN , a municipal corporation existing under the laws
of the State of Florida, hereinafter referred to as"CITY/TOWN."
WHEREAS, this agreement is entered into pursuant to Section 163.01, Florida
Statutes, also known as the "Florida Interlocal Cooperation Act of 1969, and
WHEREAS, COUNTY maintains a Minimum Housing/Unsafe Structures Board
("Board") that hears and disposes of cases brought by Building Officials in accordance
with the Florida Building Code; and
WHEREAS, the Board, pursuant to Chapter 5 of the Broward County Code of
Ordinances is authorized to hear and dispose of cases brought by the Building Official;
and
WHEREAS, CITY/TOWN, pursuant to Resolution No. , authorizes the
use of the Board to hear and dispose of cases brought by the CITY/TOWN Building
Official; and
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WHEREAS, COUNTY, pursuant to Chapter 5 of the Broward County Code of
Ordinances and Section 111 of the Florida Building Code has the authority to hear and
dispose of cases brought by the Building Official; and
WHEREAS, COUNTY,through said Board is willing to perform such services on the terms
and conditions hereinafter set forth; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments
hereinafter set forth, COUNTY and CITYITOWN 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/TOWN Building Official for violations of the Florida Building Code.
1.2. Once the CITY/TOWN Building Official determines that a violation exists, COUNTY
shall be responsible for:
(a) filing a case with the Board;
(b) noticing and conducting the hearings in accordance with laws, rules, and
regulations governing hearings before the Board; and
1.3. COUNTY shall perform the above-described functions through the Board or any
successor entity.
1.4. CITY/TOWN shall be responsible for implementing the Orders and directives of the
Board to cause the violation(s)to be corrected.
ARTICLE 2 - FUNCTIONS AND DUTIES NOT TRANSFERRED TO COUNTY
It is s ecificall understood and agreed that all rights and powers as may be vested in
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CITY/TOWN pursuant to Chapter 166, Florida Statutes, or any other law or ordinance or
Charter provision of CITY/TOWN not specifically addressed by this Agreement shall be
retained by CITY/TOWN. CITY/TOWN shall retain responsibility for filing and/or
defending any appeals to orders of the Board.
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ARTICLE 3 • COMPENSATION
3.1. COUNTY shall provide services set forth above at the rate of Sixty Six and 001100
Dollars($66.00)per hour for the Code Enforcement Officer and Thirty and 00/100 Dollars
($30.00) 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 the CITYITOWN, shall be at one and one half the normal hourly rate. All
hourly charges shall be billed in increments of 30 minutes. The County shall not exceed a
total cost, per case, of Five Hundred and 00/100 ($500.00)without written authorization
from the CITY/TOWN. All costs shall be properly documented and such documentation
provided to the CITY/TOWN with the monthly invoices.
3.2. COUNTY shall invoice CITY/TOWN on a monthly basis for actual services provided
during the preceding month. CiTYlTOWN shall reimburse COUNTYwithin thirty(30)days
of the date of the invoice.
3.3. Fines and liens recorded against property shalt run in favor of the CITYITOWN
3.4 The amounts set forth above shall be adjusted annually by the 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 1 of each year, COUNTY shall
provide CITY/TOWN with notice of anticipated increases, if any. Any increases shall take
effect on October Is', following the May Is'notification.
3.5. CITY/TOWN shall be responsible for the actual costs of the services delineated in
this Agreement in implementing the Orders and directives of the Board to cause the
violations(s) to be corrected. Such costs shall include, but 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 be deemed to have commenced upon approval by the
COUNTY COMMISSION, and shall continue in full force and effect until midnight
4.2. This Agreement shall continue in full force and effect unless written notice of
termination by the COUNTY or CITYITOWN 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/TOWN and upon acceptance by
COUNTY.
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ARTICLE 5—GOVERNMENTAL IMMUNITY
CITY agency!TOWN is a state a as defined in Section 768.28, Florida Statutes, and
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COUNTY is a political subdivision of the state of Florida. Each agrees to be fully
responsible for acts and omissions of their agents and employees to the extent permitted
by law.
Nothing
herein is intended to serve as a waiver of sovereign immunity by either
party to which sovereign immunity may be applicable. Nothing herein shall be construed
as consent by a state agency or political subdivision to be 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, 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, herein. Within sixty(60) days of
termination of this Agreement, COUNTY shall forward to CITYITOWN all documentation
related to cases previously heard or being prepared to be heard by the Unsafe Structures
Board.
ARTICLE S—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 Permitting, Licensing and Consumer Protection Division
1 North University Drive
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Building B, Box 302 .
Plantation, Florida 33324
With copy to:
County Administrator
115 South Andrews Avenue, Suite 409
Fort Lauderdale, FL 33301
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TO C ITY/TOWN:
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ARTICLE 9 - MISCELLANEOUS PROVISIONS
9.1 ASSIGNMENT: COUNTY shall perform the selected Services provided for in this
Agreement exclusively and solely for the CITY/TOWN 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 ail 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 INDEPENDENT CONTRACTOR: COUNTY is an independent contractor under this
Agreement. Services provided by COUNTY pursuant to this Agreement shall be subject to
of COUNTY. In providing such services, neither COUNTY nor its agents
the supervision
shall act as officers, employees, or agents of the CITY/TOWN. This Agreement shall not
constitute or make the parties a partnership or joint venture.
9.6 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 extending the term of this Agreement pursuant to Article 4.1 or adding or
deleting services to the Scope of Services under Section 1 may be approved by the
County Administrator.
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9.7 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 sites, 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 herebywaives any rights it
may have to a trial by jury of any such litigation.
9.8 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.
9.9 RECORDING:This Agreement shall be recorded in the Public Records of Broward
County, in accordance with the Florida Interlocal Cooperation Act of 1969.
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IN WITNESS WHEREOF, the parties hereto have made and executed this Interlocal
Agreement Between COUNTY AND CITY/TOWN for selected services to be performed by
the Broward County Permitting, Licensing and Consumer Protection Division of the
Environmental Protection and Growth !Management Department on the respective dates
under each signature: BROWARD COUNTY, signing by and through its County
Administrator or designee, authorized to execute same by Board action on the
day of , 20-____, and the CITY/TOWN, signing by and through its
duly authorized to execute same by Commission action on the
day of , 20
COUNTY -
WITNESSES BROWARD COUNTY, through its
County Administrator or designee
Signature By
Print/Type Name _____day of 20
Approved as to form by
Signature Office of the County Attomey
g for Broward County, Florida
Governmental Center, Suite 423
Print/Type Name 115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
BY
Assistant County Attorney
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITYITOWN OF
FOR HEARINGS BY THE BROWARD COUNTY MINIMUM
HOUSING/UNSAFE STRUCTURES BOARD
CITYITOWN
CITY/TOWN OF
Attest: .
By
Mayor-Commissioner
CITY/TOWN Clerk day of , 20
(date)
By-
CITY/TOWN Manager
day of ,______(date)
APPROVED AS TO FORM:
By
CITY/TOWN Attorney
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