HomeMy WebLinkAboutR-2016-097 Authorizes Execution of an Interlocal Agreement with Broward County for Representation in Connection with City Unsafe Structure Cases Presented to the County Minimum Housing/Unsafe Board. RESOLUTION NO. 2016-097
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 IN CONNECTION WITH 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 seeks representation at hearings conducted by the Broward County
Minimum Housing/Unsafe Structure Board; and
WHEREAS, the City wishes to enter into an Interlocal Agreement for such services to
be provided by Broward County;
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 in connection with City unsafe structure
cases presented to the County Minimum Housing/Unsafe Structures Board and providing for
these services for a period of five (5) years beginning October 1, 2016, up to and through
September 30, 2021. A copy of the Agreement is attached, marked 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 2016-17 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. 107-15-02-524-31-10.
Section 4. That 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;
however the agreement also provides for cancellation of service upon ninety (90) days written
notice by either party.
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 6. That this Resolution shall be in full force and take effect immediately
upon its passage and adoption.
PASSED AND ADOPTED on July 26, 2016.
ATTEST: �pRD^S F��STP
LOUISE STILSON, CMC O A. SALVINO, SR.
CITY CLERK MAYOR
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APPROVED AS TO FOr I AND ORRECTNESS
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THOMAS J. A SBR
CITY ATTORNEY
2 RESOLUTION#2016-097
Return recorded document to:
Lenny Vialpando,Director
Environmental Licensing and Building Permitting
Division
1 North University Drive,Bldg B,#302
Plantation,FL 33324
Document prepared by:
Maite Azcoitia,Deputy County Attorney
Broward County Attorney's Office
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale,FL 33301
INTERLOCAL AGREEMENT FOR REPRESENTATION AT
HEARINGS BY THE BROWARD COUNTY
MINIMUM HOUSING/UNSAFE STRUCTURES BOARD
TO BE PROVIDED BY THE BROWARD COUNTY ENVIRONMENTAL LICENSING
AND BUILDING PERMITTING 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 OF DANIA BEACH, a municipal corporation existing under the laws of the
State of Florida, hereinafter referred to as "CITY."
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, pursuant to Resolution No. authorizes the use
of the Board to hear and dispose of cases brought by the CITY Building Official; and
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WHEREAS, COUNTY, pursuant to Chapter 5 of the Broward County Code of
Ordinances and Section 116 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 CITY 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 the CITY Building Official determines that a violation exists, COUNTY shall
be responsible for:
(a) filing a case with the Board; 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 Board or any
successor entity.
1.4. CITY 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 specifically understood and agreed that all rights and powers as may be vested in
TOWN pursuant to Chapter 166, Florida Statutes, or any other law or ordinance or
Charter provision of CITY not specifically addressed by this Agreement shall be retained
by CITY. CITY shall retain responsibility for filing and/or defending any appeals to
orders of the Board.
ARTICLE 3 - COMPENSATION
3.1. COUNTY shall provide services set forth above at the rate of Seventy-eight and
40/100 Dollars ($78.40) per hour for the Code Enforcement Officer and Thirty-nine and
20/100 Dollars ($39.20) 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 CITY, 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
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authorization from the CITY. All costs shall be properly documented and such
documentation provided to the CITY with the monthly invoices.
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 of
the date of the invoice.
3.3. Fines and liens recorded against property shall run in favor of the CITY.
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 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 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 commence on October 1, 2016, and shall continue in full
force and effect until midnight September 30, 2021.
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 6, Termination, this Agreement may be renewed for
successive five (5) year periods upon request of CITY and upon acceptance by
COUNTY.
ARTICLE 5 — GOVERNMENTAL IMMUNITY
CITY is a state agency as defined in Section 768.28, Florida Statutes, and
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 of the State of Florida to
be sued by third parties in any matter arising out of this Agreement or any other
contract.
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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 CITY all
documentation related to cases previously heard or being prepared to be heard by the
Unsafe Structures 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 Environmental Licensing and Building Permitting
Division
1 North University Drive
Building B, Box 302
Plantation, Florida 33324
With copy to:
County Administrator
115 South Andrews Avenue, Suite 409
Fort Lauderdale, FL 33301
TO CITY:
Robert Baldwin, City Manager
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, FL 33004
With copy to:
Louise Stilson, City Clerk
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, FL 33004
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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 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 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 the CITY. 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 Article 1 may be approved
by the County Administrator.
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 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.
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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.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Interlocal Agreement Between COUNTY AND CITY for selected services to be
performed by the Broward County Environmental Licensing and Building Permitting
Division of the Environmental Protection and Growth Management Department 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 the CITY, signing by and through its Mayor and
City Manager, duly authorized to execute same by Commission action on the day
of , 2016.
COUNTY
ATTEST: BROWARD COUNTY, by and through
its Board of County Commissioners
Broward County Administrator, as By
Ex-officio Clerk of the Broward County Mayor
Board of County Commissioners
day of , 20
Approved as to form by
Joni Armstrong Coffey
Broward County Attorney
Governmental Center, Suite 423
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
By
Maite Azcoitia (Date)
Deputy County Attorney
8 RESOLUTION#2016-097
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA
BEACH FOR HEARINGS BY THE BROWARD COUNTY MINIMUM
HOUSING/UNSAFE STRUCTURES BOARD
CITY
CITY OF DANIA BEACH
Attest:
By
Marco A. Salvino, Mayor
Louise Stilson, CMC, CITY Clerk day of July, 2016
By
Robert Baldwin, CITY Manager
day of July, 2016
APPROVED AS TO FORM:
By
Thomas J. Ansbro, CITY Attorney
Ma/
#16-49
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