HomeMy WebLinkAboutR-2025-139 BC ILA for Guaranteed Partial Building Code ServicesRESOLUTION NO. 2025-139
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE THE INTERLOCAL AGREEMENT, TO PROVIDE FOR A FIVE
YEAR TERM WITH BROWARD COUNTY FOR “GUARANTEED PARTIAL
SERVICE BUILDING CODE SERVICES” TO BE PERFORMED BY THE
BROWARD COUNTY PERMITTING, LICENSING AND CONSUMER
PROTECTION DIVISION OF THE ENVIRONMENTAL PROTECTION AND
GROWTH MANAGEMENT DEPARTMENT; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, an Interlocal Agreement for Building Code Services (the “ILA”) between the
City and Broward County was entered into on October 1, 2020; and
WHEREAS, on July 11, 2023 the City amended the ILA for Building Code Services to
renew for an additional two years and continue services; and
WHEREAS, on September 30, 2025, the amended Interlocal Agreement for Building Code
Services between the City and Broward County will expire; and
WHEREAS, the City wishes to enter into a new Interlocal Agreement with Broward County
for Guaranteed Partial Service Building Code Services, which agreement is attached and
incorporated by reference as Exhibit A;
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 pursuant to Paragraph 4.1 of the underlying Interlocal Agreement for
“Guaranteed Partial Service Building Code Services” to be performed by the Broward County
Permitting, Licensing and Consumer Protection Division of the Environmental Protection and
Growth Management Department, the City seeks to execute this ILA to commence on October 1,
2025. Unless terminated pursuant to Section 3.3 or Article 7, Termination, this Agreement will
continue in full force and effect until midnight, September 30, 2030. This Agreement may be
renewed for an additional five (5) year period upon written request of City and approval of the
County Administrator. County services shall be compensated as provided in the attached interlocal
agreement.
RESOLUTION #2025-139 2
Section 3. That the funds for these services were planned and are appropriated in the
Department’s proposed annual budget in the City’s Building Permit Fund, within the Professional
Services Account, Account No. 107-15-02-524-31-10.
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 force and take effect 10 days after passage and
adoption.
PASSED AND ADOPTED on September 15, 2025.
Motion by Commissioner Ryan, second by Commissioner Lewellen.
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
Return recorded document to: Hipolito Cruz, Jr., Director
Building Code 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 FOR
GUARANTEED PARTIAL BUILDING CODE SERVICES TO BE PERFORMED BY THE BROWARD COUNTY BUILDING CODE DIVISION OF THE RESILIENT ENVIRONMENT 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 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 a Resilient Environment Department that includes a Building Code Division ("BCD"), which conducts building official, plan review, permit inspections, code enforcement, and other services relating to the Florida Building Code
("Building Code"). C. City is desirous of procuring from County guaranteed partial Building Code services within the municipal boundaries of City, consistent with Schedule A attached hereto ("Services").
D. County, through BCD, is willing to perform such Services pursuant to the terms and conditions hereafter set forth. Now, therefore, in consideration of the mutual covenants, promises, and
representations herein, the receipt and sufficiency of which are hereby acknowledged, the Parties 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 will perform the Services through its BCD, or any successor division as may be designated by the County Administrator.
1.3 City will issue permits for the Services and retain the applicable fees. County will charge City an hourly rate for providing City a guaranteed level of staffing for the year. The requested minimum level of staffing for the term of the agreement will be based on Schedule A. This form of guarantee will enable BCD to supply City with dedicated staff that
will not be diverted from City.
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 must be delivered to BCD 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 City pursuant to Chapter 166, Florida Statutes, or any other law or ordinance or Charter
provision of City not specifically addressed by this Agreement will 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 additional services, a separate agreement will be required between City and County.
ARTICLE 3 - COMPENSATION 3.1 For Services requested in Schedule A, County will provide Services at the rate of
Ninety seven and 51/100 Dollars ($97.51) per hour for a Building Code Inspector, Ninety-
eight and 80/100 Dollars ($98.80) per hour for a Plans Examiner, Ninety-nine and 05/100 Dollars ($99.05) per hour for a Chief Building Code Inspector, Ninety-nine and 80/100 Dollars ($99.80) per hour for a Building Official, and Thirty-nine and 60/100 Dollars ($39.60) for clerical support. Overtime, when pre-approved in writing by City, will be at one and one
half (1½) times the normal hourly rate. All hourly charges will be billed in increments of
thirty (30) minutes. 3.2 All costs must be properly documented and said documentation provided to City with the monthly invoices. County will 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) calendar days after the date of the invoice. Any sums paid to County are nonrefundable to City. 3.3 The amounts set forth above may be adjusted annually, in an amount not to exceed
ten percent (10%) each year, to address increases or decreases in operating and labor
costs. Notwithstanding the foregoing, County may also adjust the amounts set forth above by amounts exceeding ten percent (10%) in order to address natural disasters and other unforeseen events and circumstances. No later than May 1st of each year, County will provide City with written notice of anticipated increases or decreases, if any. Absent an
objection from the City Manager, any changes will take effect on October 1st following the May 1st notification. If an objection is received from City, this Agreement shall terminate on September 30th, following the May 1st notification.
ARTICLE 4 - TERM OF AGREEMENT
4.1 This Agreement will commence the later of October 1, 2025, or the date it is fully executed by the Parties and recorded in the Official Records of Broward County pursuant to Section 163.01(11), Florida Statutes (“Effective Date”). Unless terminated pursuant to Section 3.3 or Article 7, Termination, this Agreement will continue in full force and effect
until midnight, September 30, 2030. This Agreement may be renewed for an additional five (5) year period upon written request of City and approval of the County Administrator. 4.2 This Agreement will 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
County or City is provided pursuant to Article 8, NOTICES. ARTICLE 5 - GOVERNMENTAL IMMUNITY Except to the extent sovereign immunity may be deemed waived by entering into this
Agreement, nothing herein is intended to serve as a waiver of sovereign immunity by either party nor shall anything included herein be construed as consent by either party to be sued by a third party in any matter arising out of this Agreement. Each party is a state agency or
political subdivision as defined in Section 768.28, Florida Statutes, and shall be responsible for the acts and omissions of its agents or employees to the extent required by applicable law.
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 ninety (90) days' written notice to the other party of such termination pursuant to Article 8, NOTICES.
ARTICLE 8 - NOTICES Any and all notices given or required under this Agreement must 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, Building Code Division 2307 West Broward Boulevard, Suite 300
Fort Lauderdale, Florida 33312
With copy to: County Administrator 115 South Andrews Avenue, Suite 409
Fort Lauderdale, Florida 33301 To City: City Manager and City Attorney
City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, Florida 33004
ARTICLE 9 - MISCELLANEOUS PROVISIONS 9.1 ASSIGNMENT: Neither party will have the right to assign, transfer, or subcontract
this Agreement nor any right or interest in it.
9.2 WAIVER: The failure of either party to enforce any provision of this Agreement will not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach under this Agreement will not be deemed a waiver of any subsequent
breach.
9.3 SEVERABILITY: In the event any part of this Agreement is found to be unenforceable by any court of competent jurisdiction, that part will be deemed severed from this Agreement and the balance of this Agreement will remain in full force and effect.
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 will 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 will be subject to the
supervision of County. In providing Services, neither County nor its agents will act as officers, employees, or agents of City. This Agreement will 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 will 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 in Schedule A may be approved by the County Administrator.
9.7 LAW; JURISDICITION; 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 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 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. EACH PARTY HEREBY EXPRESSLY WAIVES ANY RIGHTS IT MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION
RELATED TO THIS AGREEMENT.
9.8 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
PARTY’S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE BROWARD COUNTY
CUSTODIAN OF PUBLIC RECORDS, SHERYL PAGE, AT (954)
765-4400 EXT. 9807, (SPAGE@BROWARD.ORG), 2307 WEST
BROWARD BLVD., SUITE 300, FORT LAUDERDALE, FLORIDA 33312; OR THE CITY CUSTODIAN OF PUBLIC RECORDS: ELORA RIERA, BY TELEPHONE (954) 924-6800 EXT. 3623, E-MAIL (ERIERA@DANIABEACHFL.GOV), OR MAIL 100 WEST DANIA BEACH BOULEVARD, DANIA BEACH, FLORIDA 33004.
9.9 DRAFTING: This Agreement has been negotiated and drafted by the Parties
hereto and will not be more strictly construed against any party because of such party's preparation of this Agreement. 9.10 COUNTERPARTS AND MULTIPLE ORIGINALS: This Agreement may be
executed in multiple originals, and may be executed in counterparts, each of which will
be deemed to be an original, but all of which, taken together, will constitute one and the same agreement. 9.11 RECORDING: This Agreement will be recorded in the Official Records of Broward
County, in accordance with the Florida Interlocal Cooperation Act of 1969. 9.12 RECITALS: The truth and accuracy of each Recital set forth herein is acknowledged by the Parties as being true and correct and form a material part of this Agreement upon which the Parties have relied.
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IN WITNESS WHEREOF, the Parties hereto have made and executed this Interlocal Agreement Between County and City for Services to be performed by the Broward County Building Code Division of the Resilient Environment 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 City, 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 Andrew J. Meyers
Broward County Attorney __________________________ Governmental Center, Suite 423 Print/Type Name 115 South Andrews Avenue Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600 By_____________________________ Maite Azcoitia
Deputy County Attorney BCD_guarpartialsvc_Dania_Beach
INTERLOCAL AGREEMENT FOR GUARANTEED PARTIAL SERVICE BUILDING CODE SERVICES TO BE PERFORMED BY THE BROWARD COUNTY BUILDING CODE DIVISION OF THE RESILIENT ENVIRONMENT DEPARTMENT
City City of Dania Beach
Attest:
By _____ Joyce L. Davis, Mayor __________________________ Elora Riera, MMC, City Clerk day of , 2025 (date)
By_____________________________ Ana M. Garcia, City Manager
____ day of ____________, 2025 (date) Approved as to form:
By_____________________________ Eve A. Boutsis, City Attorney
SCHEDULE A TABLE TO BE PROVIDED BY BCD