CITY OF NORTH LAUDERDALE COMMUNITY DEVELOPMENT DEPARTMENT. Tammy L. Reed-Holguin, Community Development Director

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1 CITY OF NORTH LAUDERDALE COMMUNITY DEVELOPMENT DEPARTMENT TO: FROM: BY: Mayor and City Commission Ambreen Bhatty, City Manager Tammy L. Reed-Holguin, Community Development Director DATE: June 10, 2014 SUBJECT: Interlocal Agreement with the Broward County Environmental Licensing and Building Permitting Division to Contract: a) Building Plan Review/Inspection Services and Building Official Services. b) Utilization of Broward County Minimum Housing/Unsafe Structures Board The Broward County Permitting, Licensing and Consumer Protection Division has provided the above mentioned services to the Community Development Department per two separate interlocal agreements for over twenty years. In October 2011, the City renewed these agreements with the County for a three-year period. During this time, the hourly rates have increased cumulatively by 8% (2.6% average per year). The current contract is due to expire at the end of September Although the current contract has a renewal clause, the County has presented a new five year contract for consideration. This contract also has an option to renew for an additional five (5) years at the request of the City and with County s approval. A 1.5% rate increase is proposed for the first year bringing the cumulative increase over four years to 9.5%. The County will review the contract annually and will advise the City by May 1st of each year if a rate increase is proposed. The increase will not exceed 5% with the exception of incidents of natural disasters when labor may be at a premium. There are no other major changes to the contracts. We are presenting both agreements, Building Plan Review/Inspection and Minimum Housing/Unsafe Structures Board, tonight for the City Commission s consideration. Should the Commission approve and transmit this agreement, it will become effective on October 1, The agreements have been previously discussed and reviewed by the City Attorney s office and they are satisfied with the contents. Agreements Overview: The major components of the new Agreements are as follows: The service costs in the new building services agreement commencing with the 2014 fiscal year reflects a 1.5% increase to the hourly rates. The hourly rates will be $83.40 per hour for plan review, $72.50 per hour for inspections, $88.40 for Chief Building Code Inspector and $98.80 per hour for Building Official services.

2 The estimated cost of the building services agreement, based on a minimum projected level of service, falls within the FY 2014 budgeted amount. The contract for Services rendered by the Broward County s Minimum Housing/Unsafe Structure Board has no modifications. There is a 1.5% increase in the hourly rates for County Code Enforcement Officer presenting the case on behalf of the City which is consistent with the rates in the Building Services contract ($72.50/hour). The hourly rate for County clerical support will increase to $ The cost for this service will remain capped at a maximum of $ for each case that is handled by the Board. According to the contract, the City will be responsible for the actual costs of implementing the Orders and directive of the Unsafe Structures Board to cause the violation(s) to be corrected. These costs could include boarding up or demolishing the property. The property owner will be directed by the Unsafe Structures Board to take the necessary action, however, if they do not, the City will need to take the steps to implement the order and will place a lien on the property in order to recover the incurred costs. The City has identified funding to address three properties that have been deemed public nuisances. These Cases will be presented to the Unsafe Structures Board this year and should they be deemed unsafe and directed to demolish, the City is prepared to take that action and lien the property for the costs. These agreements will be effective until September 30, 2019, with a maximum annual 5% rate increase. Both Agreements contain a clause in Sections 3.3 and 3.4 respectively that allow the County to adjust the hourly rates beyond the 5% in the event of a natural disaster. Please be advised that this clause is consistent with the current agreement. The agreement may be renewed for additional five (5) year periods upon request by the City and acceptance by the County. The Agreements may be terminated by either party upon written notice of thirty (30) days. The City will continue to provide clerical support, on a daily basis, and maintain all records pertaining to inspections and plan reviews in the City Hall. In addition, all citizen interactions regarding these services will continue to be through the Community Development Department. RECOMMENDATION: The City Administration recommends Commission s consideration and approval of the following attached Resolutions: i) Resolution authorizing and directing the City Manager to enter into the attached agreement between the Broward County Permitting, Licensing and Consumer Protection Division and the City of North Lauderdale, to contract for building plan review/ inspection services; and ii) Resolution authorizing and directing the City Manager to enter into the attached agreement between the Broward County Permitting, Licensing and Consumer Protection Division and the City of North Lauderdale for the utilization of the Minimum Housing/Unsafe Structures Board.

3 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO THE INTERLOCAL AGREEMENT, ATTACHED HERETO, BY AND BETWEEN THE CITY OF NORTH LAUDERDALE, FLORIDA AND BROWARD COUNTY, FLORIDA FOR INSPECTION, PLAN REVIEW, BUILDING OFFICIAL AND RELATED SERVICES TO BE PERFORMED BY THE BROWARD COUNTY ENVIRONMENTAL LICENSING AND BUILDING PERMITTING DIVISION OF THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA: Section 1: That the City Manager, be and the same is hereby authorized and directed to enter into the Interlocal Agreement, attached hereto, by and between the City of North Lauderdale, Florida and Broward County, Florida, providing for Inspection, Plan Review, Building Official and related Services to be performed by the Broward County Environmental Licensing and Building Permitting Division, of the Environmental and Growth Management Department, effective October 1, Section 2: That this Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Commission of the City of North Lauderdale, Florida this day of. APPROVED AS TO FORM: CITY ATTORNEY SAMUEL GOREN ATTEST: MAYOR JACK BRADY VICE MAYOR GERALD GRAZIOSE PATRICIA VANCHERI, CITY CLERK

4 Return recorded document to: Lenny Vialpando, Director Environmental Licensing and Building Permitting Division 1 North University Drive, Bldg B, #302 Plantation, FL Document prepared by: Mona Fandel, Assistant Director Environmental Licensing and Building Permitting Division 1 North University Drive, Bldg. B, #302 Plantation, FL INTERLOCAL AGREEMENT FOR GUARANTEED PARTIAL SERVICE BUILDING CODE SERVICES TO BE PERFORMED BY THE BROWARD COUNTY ENVIRONMENTAL LICENSING AND BUILDING PERMITTING DIVISION OF THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT 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," AND CITY OF NORTH LAUDERDALE, 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 , Florida Statutes, also known as the "Florida Interlocal Cooperation Act of 1969"; and WHEREAS, COUNTY maintains an Environmental Protection and Growth Management Department which includes a Environmental Licensing and Building Permitting Division ( ELBPD ) that conducts building official, plan review, permit inspections, code enforcement, and other services relating to building; and WHEREAS, the CITY is desirous of procuring from the COUNTY Guaranteed Partial Service Building Code Services within the municipal boundaries of the CITY; and WHEREAS, COUNTY, through ELBPD, 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: ARTICLE 1 - SCOPE OF SERVICES 1.1. CITY agrees to transfer to COUNTY the authority to perform Services in accordance with the terms herein. 1.2 COUNTY shall perform the Services through its ELBPD, or any successor division as may be designated by the County Administrator.

5 1.3 CITY issues permits and retains fees. County charges hourly rate for providing a guaranteed level of staffing for the year to the CITY. Requested minimum level of staffing for the term of the agreement will be based on Schedule A. This form of guarantee will enable ELBPD to supply the CITY with dedicated staff that will not be diverted away. 1.4 For services not listed in Schedule A, COUNTY will prioritize and respond to additional services requested such as emergency, intermittent, unplanned or limited, contingent on the availability of resources. Requests for additional service shall be delivered to ELBPD no later than 3:30 P.M. the business day prior to the date requested. ARTICLE 2 - FUNCTIONS AND DUTIES NOT TRANSFERRED TO COUNTY 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. ARTICLE 3 - COMPENSATION 3.1 For services requested in Schedule A, COUNTY shall provide services set forth above at the rate of Seventy Two and 50/100 Dollars ($72.50) per hour for a Building Code Inspector, Eighty Three and 40/100 Dollars ($83.40) per hour for a Plans Examiner, Eighty Eight and 40/100 Dollars ($88.40) for a Chief Building Code Inspector, Ninety Eight and 80/100 Dollars ($98.80) per hour for Building Official Services. 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 thirty (30) minutes. 3.2 All costs shall be properly documented and said documentation provided to the CITY with the monthly invoices. COUNTY shall invoice CITY on a monthly basis for the services requested in Schedule A by CITY for the preceding month. CITY shall reimburse COUNTY within thirty (30) days of the date of the invoice. Any sums paid to the COUNTY are non-refundable to the CITY. 3.3 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 st of each year, COUNTY shall provide CITY with notice of anticipated increases, if any. Any increases shall take effect on October 1 st, following the May 1 st notification.

6 ARTICLE 4 - TERM OF AGREEMENT 4.1. This Agreement shall commence on October 1, 2014, and shall continue in full force and effect until midnight September 30, Unless terminated as provided in Article 7, Termination, this Agreement may be renewed for an additional five (5) year period upon request of CITY and approval of the COUNTY, as further provided in Article 9.6, Modification This Agreement shall remain in full force and effect through the termination date or any extended termination date, as set forth above, unless written notice of termination by the COUNTY or the CITY is provided pursuant to Article 8, Notices. ARTICLE 5 - GOVERNMENTAL IMMUNITY CITY is a state agency as defined in Chapter , 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 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 , Florida Statutes. ARTICLE 7 - TERMINATION This Agreement may be terminated by either party upon ninety (90) days written notice to the other party of such termination pursuant to Article 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, Environmental Licensing and Building Permitting Division 1 North University Drive, Bldg. B, #302 Plantation, Florida With copy to: County Administrator 115 South Andrews Avenue, Suite 409 Fort Lauderdale, Florida 33301

7 TO CITY OF NORTH LAUDERDALE: Community Development Director City of North Lauderdale 701 SW 71 st Avenue North Lauderdale, FL With Copy to: City Manager City of North Lauderdale 701 SW 71 st Avenue North Lauderdale, FL 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

8 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. 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 [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]

9 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 County Administrator or designee, authorized to execute same by Board action on the 14th day of December, 2010, and the CITY, signing by and through its, duly authorized to execute same by Commission action on the day of, 20. COUNTY WITNESSES Signature Print/Type Name BROWARD COUNTY, through its County Administrator or designee By day of 20. Approved as to form by Signature Office of the County Attorney for Broward County, Florida Governmental Center, Suite 423 Print/Type Name 115 South Andrews Avenue Fort Lauderdale, Florida Telephone: (954) Telecopier: (954) By Assistant County Attorney INTERLOCAL AGREEMENT FOR GUARANTEED PARTIAL SERVICE BUILDING CODE SERVICES TO BE PERFORMED BY THE BROWARD COUNTY ENVIRONMENTAL LICENSING AND BUILDING PERMITTING DIVISION OF THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT CITY CITY OF NORTH LAUDERDALE Attest: By Mayor-Commissioner

10 CITY Clerk day of, 20 _ By CITY Manager day of, 20 APPROVED AS TO FORM: By CITY Attorney

11

12 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO THE INTERLOCAL AGREEMENT, ATTACHED HERETO, BY AND BETWEEN THE CITY OF NORTH LAUDERDALE, FLORIDA AND BROWARD COUNTY, FLORIDA FOR REPRESENTATION AT HEARINGS OF THE BROWARD COUNTY MINIMUM HOUSING/UNSAFE STRUCTURES BOARD; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA: Section 1: That the City Manager, be and the same is hereby authorized and directed to enter into the Interlocal Agreement, attached hereto, by and between the City of North Lauderdale, Florida and Broward County, Florida, providing for representation at Hearings by the Broward County Minimum Housing/Unsafe Structures Board. Section 2: That this Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Commission of the City of North Lauderdale, Florida this day of, APPROVED AS TO FORM: CITY ATTORNEY SAMUEL GOREN ATTEST: MAYOR JACK BRADY VICE MAYOR GERALD GRAZIOSE PATRICIA VANCHERI, CITY CLERK

13 Return recorded document to: Lenny Vialpando, Director Environmental Licensing and Building Permitting Division 1 North University Drive, Bldg B, #302 Plantation, FL Document prepared by: Mona Fandel, Assistant Director Environmental Licensing and Building Permitting Division 1 North University Drive, Bldg. B, #302 Plantation, FL 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 NORTH LAUDERDALE 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 , 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 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

14 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 Once the CITY Building Official determines that a violation exists, COUNTY shall be responsible for: (a) (b) filing a case with the Board; and noticing and conducting the hearings in accordance with laws, rules, and regulations governing hearings before the Board COUNTY shall perform the above-described functions through the Board or any successor entity 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 Two and 50/100 Dollars ($72.50) per hour for the Code Enforcement Officer and Thirty Two and 90/100 Dollars ($32.90) 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 authorization from the CITY. All costs shall be properly documented and such documentation provided to the CITY with the monthly invoices 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 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 1 st of each year, COUNTY shall provide CITY with notice of anticipated increases, if any. Any increases shall take effect on October 1 st, following the May 1 st notification 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

15 4.1. This Agreement shall commence on October 1, 2014, and shall continue in full force and effect until midnight September 30, Unless terminated as provided in Article 7, Termination, this Agreement may be renewed for an additional five (5) year period upon request of CITY and approval of the COUNTY, as further provided in Article 9.6, Modification This Agreement shall remain in full force and effect through the termination date or any extended termination date, as set forth above, unless written notice of termination by the COUNTY or the CITY is provided pursuant to Article 8, Notices. ARTICLE 5 GOVERNMENTAL IMMUNITY CITY is a state agency as defined in Section , 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. ARTICLE 6 - INSURANCE COUNTY is self insured in accordance with provisions set forth within Section , 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 With copy to: County Administrator 115 South Andrews Avenue, Suite 409 Fort Lauderdale, FL TO CITY: Community Development Director City of North Lauderdale 701 SW 71 st Avenue North Lauderdale, FL 33068

16 With copy to: City Manager City of North Lauderdale 701 SW 71 st Avenue North Lauderdale, FL 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. 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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18 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 County Administrator or designee, authorized to execute same by Board action on the 14th day of December, 2010, and the CITY, signing by and through its, duly authorized to execute same by Commission action on the day of, 20. COUNTY WITNESSES Signature Print/Type Name BROWARD COUNTY, through its County Administrator or designee By day of 20. Approved as to form by Signature Office of the County Attorney for Broward County, Florida Governmental Center, Suite 423 Print/Type Name 115 South Andrews Avenue Fort Lauderdale, Florida Telephone: (954) Telecopier: (954) By Assistant County Attorney INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF NORTH LAUDERDALE FOR HEARINGS BY THE BROWARD COUNTY MINIMUM HOUSING/UNSAFE STRUCTURES BOARD CITY CITY OF NORTH LAUDERDALE Attest: By Mayor-Commissioner CITY Clerk day of, 20

19 By CITY Manager day of, 20 APPROVED AS TO FORM: By CITY Attorney